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Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015 1 Signature & Name of the Tenderer with Seal INSTITUTE OF FOOD SECURITY FOOD CORPORATION OF INDIA PLOT NO-87, INSTITUTIONAL AREA, SECTOR-18, GURGAON(HR.) E- TENDER DOCUMENT FOR APPOINTMENT OF MAINTENANCE CONTRACTOR
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Page 1: INSTITUTE OF FOOD SECURITY FOOD CORPORATION OF INDIA …fci.gov.in/app2/webroot/upload/tenders/Tender Form... · IFS, FCI, Gurgaon: Ph. 0124-4820400-406, Fax- 0124-2346392, 4820424

Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015

1 Signature & Name of the Tenderer with Seal

INSTITUTE OF FOOD SECURITY FOOD CORPORATION OF INDIA

PLOT NO-87, INSTITUTIONAL AREA, SECTOR-18, GURGAON(HR.)

E- TENDER DOCUMENT FOR

APPOINTMENT OF MAINTENANCE CONTRACTOR

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Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015

2 Signature & Name of the Tenderer with Seal

INSTITUTE OF FOOD SECURITY FOOD CORPORATION OF INDIA

PLOT NO-87, INSTITUTIONAL AREA, SECTOR-18, GURGAON(HR.)

TENDER DOCUMENT FOR

APPOINTMENT OF MAINTENANCE CONTRACTOR

( Visit us at website www.fciweb.nic.in )

And

Central Public Procurement Portal Website( https://eprocure.gov.in/eprocure/app )

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Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015

3 Signature & Name of the Tenderer with Seal

PART-A TECHNICAL BID

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Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015

4 Signature & Name of the Tenderer with Seal

Critical Date-Sheet

Tender Publish Date/time 16.04.2015, 11.00AM

Document Download Start Date/time 16.04.2015, 11.00AM

Document Download End Date/time 06.05.2015, 02.00PM

Bid Submission Start Date/time 16.04.2015, 11.00AM

Bid Submission End Date/time 06.05.2015, 02.00PM

Bid Opening Date/time 06.05.2015, 04.30PM

PLACE OF OPENING OF TENDERS Director, Institute of Food Security, Food Corporation of India, Plot No. 87, Institutional Area, Sector-18, Gurgaon (Haryana) – 122015

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Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015

5 Signature & Name of the Tenderer with Seal

INSTITUTE OF FOOD SECURITY FOOD CORPORATION OF INDIA

GURGAON

Ph.No.-0124-4820400, 406 & 425

ONLINE INVITATION TO TENDER AND INSTRUCTIONS TO TENDERERS FOR APPOINTMENT OF MAINTENANCE CONTRACTOR AT FOOD CORPORATION OF INDIA, INSTITUTE OF FOOD SECURITY, INSTITUTIONAL AREA, SECTOR 18, PLOT NO 87, GURGAON (HARYANA)

(a) Tender Processing Fee –Rs. 500/- (Rupees Five Hundred only). (b) Tender form can be downloaded from the website http://eprocure.gov.in/eprocure/app,

www.ifsweb.nic.in and www.fciweb.nic.in (c) Last date of download of Tender Form up to 02.00PM on 06.05.2015. (d) Last date for online submission of tender up to 02.00PM on 06.05.2015. (e) Technical Bid of the Tender to be opened online at 4.30PM on 06.05.2015.

IMPORTANT NOTE: 1. Tender documents may be downloaded from Central Public Procurement Portal

https://eprocure.gov.in/eprocure/app. Aspiring Bidders/ Suppliers who are not enrolled/registered in e-procurement should get enrolled /registered themselves before participating through the website https://eprocure.gov.in/eprocure/app. The portal enrolment is free of cost. Bidders are advised to go through instructions provided at Annexure-A regarding ‘Instructions for online Bid Submission’.

2. Tenderers can access Tender Documents on the website, fill them with all relevant

information and submit the completed tender document into electronic tender on the website https://eprocure.gov.in/eprocure/app.

3. Tenders and supporting documents should be submitted (on-line at

https://eprocure.govt.in/eprocure/app through internet) within the prescribed date and time as mentioned in the e-Procurement portal. Hard copy of the Tender documents will not be accepted.

4. FCI is using services of Central Public Procurement Portal for e-procurement at

https://eprocure.gov.in/eprocure/app’.

5. The TECHNICAL BIDS will be opened online at prescribed time and date as mentioned in the critical date sheet.

6. The Tenderers may contact 24X7 helpline No. 1800 233 7315 with regard to technical

issues relating to functioning of e-procurement platform.

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Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015

6 Signature & Name of the Tenderer with Seal

7. Other details can be seen in the Tender Documents.

8. Each tender must be accompanied with Earnest Money as prescribed in the Tender

Document. The Tenderers shall deposit EMD in the name of FOOD CORPORATION OF INDIA through RTGS/NEFT in the stipulated IFS, FCI’s CC A/c 10572582027 with IFSC Code No.SBIN0001565 in State Bank of India, Mehrauli Road, Gurgaon and the scanned copy/soft copy of RTGS/NEFT Acknowledgement of such deposit shall be uploaded alongwith the Technical Bid.

9. Tenderers are advised to follow the instructions provided in the Tender Document for

the e-submission of the bids online through the Central Public Procurement Portal for e-Procurement at https://eprocure.gov.in/eprocure/app’.

10. The offers submitted would be governed by all the terms & conditions laid down in the

prescribed Tender form and terms & conditions indicated therein.

11. Neither FCI nor NIC shall be responsible for non-accessibility of e-Procurement portal due to technical glitches or internet connectivity issues at Tenderers end.

12. In case of any clear indication of cartelization or express or implied anti-competitive

agreements between the tenderers at the time of finalization of Tender or thereafter, which at any time i.e. before or after award of the Contract comes to the notice of the FCI, the Tendering Authority may reject the relevant Tenders, forfeit their EMD/Security Deposit, as the case may be, recover the losses as assessed by the Authority arising out of such anti-competitive practices of the Tenderer(s) and also recommend the case to the Ministry of Finance/Registrar of Companies/NSIC/Competition Commission of India or any other department having appropriate jurisdiction or Authority, for initiating necessary action including, but non restricted to, cancellation of license.

13. FCI AT ITS SOLE DISCRETION MAY REQUIRE ANY Bidders to rectify any discrepancies

noticed in the Technical Bids submitted by them such as missing signature on the page, serial numbers, missing seal, Attestation etc. It is further clarified that no new Document shall be accepted.

Note: If the date fixed for opening of Tenders is subsequently declared a holiday,

the Tenders will be opened on the next working day following the holiday but there will be no change in the time for opening as indicated above

(f) 1. Tender to remain open for acceptance up to and inclusive of 05.06.2015.

2. The Director, Institute of Food Security, Food Corporation of India, Gurgaon may at his discretion, extend this date by a fortnight and such extension shall be binding on the Tenderers.

3. If the date up to which the Tender is open for acceptance is subsequently declared to be holiday, the Tender shall be deemed to remain open for acceptance till the next working day.

(g) Price Bids of only technically qualified Tenderers shall be opened on a date to be intimated later on.

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Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015

7 Signature & Name of the Tenderer with Seal

Tender Form can also be downloaded from http://eprocure.gov.in/eprocure/app and also from FCI website www.fciweb.nic.in . The tenderer shall deposit Rs.500/- towards tender processing fee in the name of FOOD CORPORATION OF INDIA through RTGS/NEFT in the stipulated IFS, FCI’s CC A/c 10572582027 with IFSC Code No. SBIN0001565 in State Bank of India, Mehrauli Road, Gurgaon and the scanned copy/soft copy of RTGS/NEFT acknowledgement of such Deposit shall be uploaded alonwith the Technical Bid.

NOTE:

1. The Director, IFS, FCI for and on behalf of Food Corporation of India reserves the

right to reject any or all Tenders without assigning any reason.

2. FCI will not enter into negotiation with any Tenderer including the Lowest Tenderer.

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Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015

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INVITATION TO TENDER

Fax /Telephone Numbers of the office receiving the tender forms IFS, FCI, Gurgaon: Ph. 0124-4820400-406, Fax- 0124-2346392, 4820424

From The Director, Institute of Food Security, Food Corporation of India, Plot No.87, Sector-18, Institutional Area, GURGAON. To ---------------------------------------------- ---------------------------------------------- ---------------------------------------------- ---------------------------------------------- Dear Sir(s),

For and on behalf of the Food Corporation of India (hereinafter called the Corporation) the Director, Institute of Food Security, Gurgaon, Haryana, invites online Tenders at Central Public Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) under two bid systems for appointment of MAINTENANCE CONTRACTOR at IFS, FCI, Gurgaon for a period of two years from the date of appointment.

(Signature of Director)

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Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015

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GENERAL INFORMATION TO TENDERERS

OBJECT OF THE CONTRACT

"Institute of Food Security" (hereinafter called the IFS) is a training Institute of Food Corporation of India where regular training programmes for employees of FCI as well as other organizations are conducted throughout the year. A regular Contractor is required for rendering the maintenance service for the premises /building occupied by this Institute consisting of Administrative Block, Guest House/Hostel Block, “C” Block , Director’s residence, lawn etc. for a period of two years.

The contractor is required to provide adequate manpower for maintenance and upkeep of

Hostel, Guest House, Administrative Block, “C” Block, Director’s residence, lawn etc. at his own cost for all the days of the week. The detailed information /instructions regarding the services to be rendered are laid down under terms & conditions governing the contract at Annexure-I.

PLACE OF SERVICES

Maintenance services shall have to be performed within the premises in which the Institute of Food Security is located on Plot No.87, Institutional Area, Sector-18, Gurgaon (Hr.).

1. The Contract, if any, which may eventuate from this tender shall be governed by the Terms &

Conditions of Contract as contained in the tender form/general information to the Tenderer and as given in the Annexure-I to the Form of this Tender.

2. The instructions to be followed for submitting the tender are set out below:

(a) INFORMATION ABOUT TENDERERS:

The Tenderers MUST FURNISH FULL, precise and accurate details in respect of information asked for as per Annexure - II attached to the form of Tender.

3. QUALIFICATION CONDITIONS FOR BIDDING

The tenderer should have minimum two-years’ experience of supply and supervision of manpower in Govt./PSUs/MNCs/Pvt. Sectors etc. for providing the following services namely:-

(1) Maintenance services viz providing electrician, plumber, carpenter, Gardner, Hostel Readiness for Trainees/participants, upkeep of residential-training complex etc.

Experience certificate shall be produced by the Tenderers from customers stating proof of satisfactory execution and completion of the contract(s).

4. DISQUALIFICATION CONDITIONS.

a) Tenderers who have been blacklisted or otherwise debarred by FCI or any department of Central or State Government or any other Public Sector Undertaking will be ineligible

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Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015

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during the period of such blacklisting or for a period of 5 years from the date of blacklisting/debarment, whichever is earlier.

b) Any Tenderer whose contract with the Food Corporation of India, or any department of Central or State Government or any other Public Sector Undertaking has been terminated before the expiry of the Contract period at any point of time during last five years, will be ineligible.

c) Tenderer whose Earnest Money Deposit and/or Security Deposit has been forfeited by Food Corporation of India or any Department of Central or State Government or any other Public Sector Undertaking, during the last five years, will be ineligible.

d) If the proprietor/any of the partners of the Tenderer firm/any of the Director of the Tenderer company have been at any time, convicted by a court of an offence and sentenced to imprisonment for a period of three years or more, such tenderer will be ineligible.

e) While considering ineligibility arising out of any of the above clauses, incurring of any such disqualification in any capacity whatsoever (even as a proprietor, partner in another firm, or as director of a company etc.) will render the Tenderer disqualified.

f) A Hindu Undivided Family (either as a proprietor or partner of a firm) shall not be entitled to apply for tender. Any tender submitted in the capacity of Hindu Undivided Family (either as a proprietor or partner of a firm) shall be summarily rejected.

5. INSTRUCTIONS FOR SUBMITTING TENDER The instructions to be followed for submitting the tender are set out below:-

(a) The Tenderer must fill up and sign the forwarding letter in the format given in Appendix-I.

(b) SIGNING OF TENDER

(i) Person(s) signing the tender shall state in what capacity he/she is, or they are signing the tender e.g. as sole Proprietor of the firm or as a Secretary/Manager/Director etc. of a Limited Company. In case of registered Partnership firm, the names of all partners should be disclosed and the tender shall be signed by all the partners or by their duly constituted attorney, having authority to bind all the partners in all matters pertaining to the Contract. The scanned copy of original registered Partnership Deed alongwith Power of Attorney should be furnished along with the Tender. In case of Limited Company, the names of all the Directors shall be mentioned, and a scanned copy of the Resolution passed by the Company authorizing the person signing the tender to do so on behalf of the Company shall be uploaded with tender along with a copy of the Memorandum and Articles of Association of the Company.

(ii) The person signing the tender, or any documents forming part of the tender, on

behalf of another, or on behalf of a registered firm shall be responsible to produce a proper Power of Attorney duly executed in his/her favour, stating that he/she has authority to bind such other person, or the firm, as the case may be,

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Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015

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in all matters, pertaining to the Contract. IF SCANNED COPY OF SAID POWER OF

ATTORNEY IS NOT UPLOADED ALONGWITH TENDER, THE TENDER SHALL BE SUMMARILY REJECTED WITHOUT PREJUDICE TO ANY OTHER RIGHT OF THE CORPORATION UNDER THE CONTRACT AND LAW.

(iii) The Power of Attorney should be signed by all the Partners in the case of a

Registered Partnership Concern, by the Proprietor in the case of proprietary concern, and by the person who by his signature can bind the company in the case of a limited company. The entire Tender document must also be signed on each page by the authorized person.

(iv) Each page of the entire Tender document must also be signed by

Tender/authorized person as the case may be.

6. EARNEST MONEY

Tender must be accompanied by an Earnest Money of Rs.80,000/-(Rupees Eighty Thousand only). The tenderers shall deposit the EMD through RTGS / NEFT in the stipulated FCI’s CC A/c 10572582027 with IFSC Code No.SBIN0001565 in State Bank of India, Mehrauli Road, Gurgaon and the scanned copy/ soft copy of RTGS/NEFT acknowledgement of such Deposit shall be uploaded alongwith the Technical Bid. Tender not accompanied by Earnest Money in the form prescribed above shall be summarily rejected. The Tenderer shall be permitted to bid on the express condition that in case he resiles, or modifies his offer, or terms & conditions thereof, after submitting his Tender, for any reason whatsoever during the tender process, or any of the information furnished by him/her is found to incorrect or false, the Earnest Money deposited by him shall stand forfeited, without prejudice to any other rights and remedies of the Corporation under the Contract and Law, and the Tenderer will be liable for any loss suffered by the Corporation on account of his withdrawal / modification etc. besides forfeiture of EMD. He will also be debarred from participating in any other tender Enquiry with FCI for a period of five years.

The Earnest Money will be returned to all unsuccessful Tenderer within a period of 30

days from the date of award of the Contract and to a successful Tenderer, after he has furnished the Security Deposit, if he does not desire the same to be adjusted towards the Security Deposit. However, in case the Tender is disqualified during Technical Evaluation, the Earnest Money will be refunded within 15 days of technical disqualification of the Tenderer. No interest shall be payable on Earnest Money, in any case.

The Earnest Money is also liable to be forfeited in the event of the Tenderer’s failure

after the acceptance of his Tender to furnish the requisite Security Deposit by the due date including extension period, if any, as per term of the Tender without prejudice to any other rights or remedy available to the Corporation under the Contract and Law.

If any of the attached /uploaded documents are found to be forged/ fabricated at any

stage, before or after the award of the Contract and / or expiry of the contract, the EMD/Security Deposit of the Contractor will be forfeited without prejudice to any other rights or remedy available to the Corporation under the Contract and Law.

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Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015

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7. SECURITY DEPOSIT i) (a) The successful Tenderer shall furnish, within fifteen days of the acceptance of his

Tender, Security Deposit of Rs. 2,00,000/-(Rupees Two Lakh only) for the due performance of his obligations under the Contract. Security Deposit will be accepted through Demand Draft issued in favour of Food Corporation of India payable at Gurgaon by a scheduled bank or through Electronic Clearing System(ECS)/ other electronic means only. The successful Tenderer will have the option to pay 50% of the Security Deposit with fifteen working days of the acceptance of the Tender and remaining 50% by deduction @ 5% from each admitted bill for work done.

(b) The security shall be deposited in favour of the “Food Corporation of India”, in the

form of Demand Draft issued by the Nationalized Bank payable at Gurgaon. The security deposit furnished by the Tenderer will be subject to the terms and conditions given in the tender and the Corporation will not be liable for payment of any interest on the Security Deposit or any depreciation thereof.

ii) If the successful Tenderer had previously held any Contract and furnished Security

Deposit, the same shall not be adjusted against this tender and a fresh Security Deposit will be required to be furnished.

iii) In the event of the Tenderer's failure, after the communication of acceptance of the

tender by the Corporation, to furnish the requisite Security Deposit by the due date, his Contract shall be summarily terminated besides forfeiture of the Earnest Money and the Corporation shall proceed for appointment of another Contractor. Any losses or damages arising out of and incurred by the Corporation by such conduct of the Contractor will be recovered from the Contractor, without prejudice to any other rights and remedies of the Corporation under the Contract and Law. The contractor will also be debarred from participating in any future tenders of the Corporation for a period of five years. After the completion of prescribed period of five years, the party may be allowed to participate in the future tenders of the FCI provided all the recoveries/ dues have been effected by the Corporation and there is no dispute pending with the Contractor/Party.

8. DOCUMENTS TO BE ATTACHED TO TENDER: No documents are to be uploaded with the Price Bid. Scanned copy of proof of deposit of Earnest Money together with the following documents is to be uploaded with Technical Bid only. i) Duly completed Technical Bid (Part-A) of the Tender Documents with proof of deposit of

Earnest Money.

ii) The Tenderer should upload the scanned copy of following documents ( in serial clearly indicating the name of the documents) online on website(http://eprocure.gov.in/eprocure/app) with Technical Bid duly signed by the Tenderer or Authorized Signatory, as the case may be, alongiwth the Experience Certificate & EMD of Rs. 80,000/-(Rupees Eighty Thousand only). a) Scanned copy of Income Tax PAN No.

b) Scanned copy of Service Tax Registration No.

c) Scanned copy of Employees Provident Fund Registration No.

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Tender No- Genl.(IFS)/37(14)/HK/2014/Main. Contract Dated:16.04.2015

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d) Scanned copy of ESI Registration No.

e) Scanned copy of Profit & Loss Accounts and Balance Sheet of last financial year 2013-14.

f) Bank statement of last six months.

g) Property detail of the partner/ Firms/ establishment.

iii) Tenderer must upload the duly signed scanned copy of documentary proof of experience as per Qualification Conditions for Bidding for Tender Clause No-3 of General Information to Tenderers.

iv) Other documents mentioned under different clause of Technical Bid i.e. Power of

Attorney, Registered partnership Deep/ Copy of memorandum of Association, Articles of Association etc. as per applicability.

9 SUPPORTING DOCUMENTS:

The eligible tenderers would be required to show the supporting documents in original or self-attested by Tenderer or Authorized Signatory, as the case may be, on the date to be notified to enable the Corporation to physically verify the authenticity of the documents scanned and uploaded in the e0procurement portal which is pre-qualification for technical evaluation. A list of tenderers who qualify the Technical Bid will be available to qualified Tenderers in the e-procurement portal.

10 SUBMISSION OF HARD COPY OF TENDER DOCUMENT

As a condition precedent for issuing the Acceptance Letter, successful Tenderer shall submit the hard copy of MTF duly signed by the Tenderer or Authorized Signatory, as the case may be, within seven days from the date of communication of FCI advising the Tenderer to furnish the same failing which EMD of the Tenderer shall be forfeited without prejudice to any other rights and remedies available to the Corporation under the Contract and Law.

11. MODIFICATION AND WITHDRAWN OF TENDER (a) Tenderer may all the time can modify and correct or upload any relevant documents

in the portal till the last date and time of tender submission, as published in the e-procurement portal.

(b) Withdrawal of Bids is not allowed, once bids are submitted. In case of withdrawal,

EMD shall be forfeited.

12. OPENING OF TENDERS (Technical & Price Bid):

The Tenders will be opened in the office of the Director, Institute of Food Security, Food Corporation of India, Gurgaon at the time and on the date indicated in the NIT. The Price Bid of only those tenderers will be opened whose technical bids are found acceptable. The time & date for opening of Price Bid will be intimated later on to the parties concerned. The tenderers will be at liberty to be present, either in person or through an authorized representative at the time of opening of tenders.

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13. CORRUPT PRACTICES:

Any bribe, commission, or advantage offered or promised by or on behalf of the Tenderer to any Officer or Official of the corporation shall ( in addition to any criminal liability which the Tenderer may incur) debar his Tender form being considered. Canvassing on the part of, or on behalf of, the Tenderer will also make his Tender liable to rejection.

14. Tenderers shall not indulge in any anti-competitive practice/ agreements implied or expressed while participating in the Tender.

15. In case of any clear indication of cartelization or express or implied anti-competitive agreements between the Tenderers at the time of finalization of Tender or thereafter, which at any time i.e. before or after award of the Contract comes to the notice of the FCI, the Tendering Authority may reject the relevant Tenders, forfeit their EMD/Security Deposit, recover the losses as assessed by the Authority arising out of such anti-competitive practices of the Tenderer(s) and also recommend the case to the Ministry of Finance/Registrar of Companies/NSIC/Competition Commission of India or any other Department having appropriate jurisdiction or authority, for initiating necessary action including, but non restricted to, cancellation of license.

16. If the information given by the Tenderer in the Tender Document is found to be false /incorrect at any stage, Food Corporation of India shall have the right to disqualify/ summarily terminate the Contract, without prejudice to any other rights & remedies that the Corporation may have under the Contract and Law.

17 Food Corporation of India reserves the right to reject any or all the Tenders without assigning any reason. The successful Tenderer will be intimated of the acceptance of his Tender by a letter/telegram/fax/email.

18 FCI will not enter into any negotiation even with the lowest Tenderer.

19 In case of breach or violation of any term and conditions of the Tender Document including Annexures, Appendices etc. by the Contractor /Tenderer, the Corporation reserves the right to summarily reject the Contract /Tender including forfeiture of EMD /Security Deposit, without prejudice to any other right or remedies available to the Corporation under the Contract and Law.

20. If the information given by the Tenderer in the Tender Document and its Annexures & Appendices is found to be false/ incorrect at any stage, Food Corporation of India shall have the right to disqualify/summarily terminate the contract, without prejudice to any other rights that the Corporation may have under the Contract and law.

DIRECTOR

INSTITUTE OF FOOD SECURITY FOOD CORPORATION OF INDIA

GURGAON.

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ANNEXURE - I

TERMS AND CONDITIONS GOVERNING CONTRACT FOR MAINTENANCE SERVICES EXCLUDING SWEEPING & CLEANING AT INSTITUTE OF FOOD SECURITY,

FOOD CORPORATION OF INDIA PLOT NO. 87, SECTOR-18, INSTITUTIONAL AREA, GURGAON

1. Area of Institute Complex.

Floor area of Ground & 1st floor of Administrative Block and Guest House and Ground, 1st & 2nd Floors of Hostel Blocks, C Block (Ground to 3rd floor), Director’s residence (Ground to 1st floor)and approx. area of lawn is 11400 sq. mts’

The aforesaid area of these floors include Halls, Cabins, Toilets, Corridors and Staircases etc. of different sizes and open areas as well as enclosed and surrounding areas within the Institute Campus. The area stated is approximate and the parties are advised to see the location before submission of Tender.

2.

Duration of the Contract

The duration of the Contract will be for a period of Contract two years from the date of appointment.

3. Definitions i. The term “Contract‟ shall mean and include the Invitation to Tender incorporating

also the General Information to Tenderer, the Tender, its Annexures, acceptance of Tender and such general and special conditions as may be added to it.

ii. The term “Contractor‟ shall mean and include the person(s), Registered Firm or

Company with whom the contract has been placed including their Heirs, Executors, Administrators and Successors and the permitted Assignees as the case may be.

iii. The term “Contract Rates‟ shall mean the rates of payment accepted by the Food

Corporation of India.

iv. The terms “Corporation” wherever occurs shall mean the Food Corporation of India established under the Food Corporations Act, 1964 and will include its Managing Director and its successors.

v. The term “Office” shall mean the Food Corporation of India, Institute of Food Security, Plot No. 87, Sector – 18, Gurgaon (Haryana) belonging to or in occupation of the Corporation at any time.

vi. The term “Director (IFS)” shall mean Director, IFS, FCI Gurgaon under whose administrative jurisdiction Contract to be executed

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4. Parties to the Contract (a) The parties to the Contract are Contractor and the Food Corporation of India

represented by the Director (IFS) and/or any other person authorized and acting on his behalf.

(b) The person signing the Tender or any other documents forming part of the Tender, on behalf of any other person or a Registered Firm shall be deemed to warrant that he has the authority to bind such other person or the Registered Firm, as the case may be, in all matters pertaining to the Contract. If at any stage it is found that the person concerned had no such authority the Food Corporation of India may, without prejudice to other civil/criminal remedies, terminate the Contract and hold the signatory liable for all costs and damages.

(c) Notice or any other action to be taken on behalf of the Food Corporation of India may be given/taken by the Director, IFS, FCI, Gurgaon or any officer so authorized and acting on his behalf.

5. Constitution of Contractors

(a) Contractors shall, in the Tender, indicate whether they are a Sole Proprietary Concern, or Registered Partnership Firm, or a Private Limited Company, or a Public Limited Company. The composition of the Registered Partnership, or names of Directors of Company, as applicable, shall be indicated. The Contractor shall also nominate a person for the active management and control of the work relating to the Contract during the tenure of the Contract. The person so nominated shall be deemed to have full authority from the Contractor in respect of the Contract and his acts shall be binding on the Contractor.

(b) If the Tenderer is a Registered Partnership Firm, there shall not be any reconstitution of the partnership without the prior written consent of the Corporation till the satisfactory completion of the Contract, failing which the Contract shall be forthwith liable for termination treating it as breach of Contract by the Contractor with consequences flowing therefrom.

(c) The Contractor shall notify to the Corporation the death/resignation of any of their

Partners/Directors immediately on the occurrence of such an event. On receipt of such Notice, the Corporation shall have the right to terminate the Contract.

A. SCOPE OF WORK SERVICES TO BE RENDERED:

(i) The maintenance service contract shall be for the premises/building occupied by

the Institute of Food Security of the Corporation, consisting of Administrative Block, Guest House/Hostel Block, "C‟ Block, Director's residence and Lawns etc.

(ii) The Contractor shall provide adequate manpower for maintenance and upkeep

of the Hostel, Guest House, and Administrative Block, “C‟ Block, Director’s residence and Lawns etc. at his own cost for all the days of the week.

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(iii) The Contractor shall handle all liaison work as per Memorandum of

Understanding with Statutory bodies/outside agencies etc., if any as may be required from time to time at his own cost and responsibility.

(iv) The Contractor shall attend to petty maintenance like change of electrical starter,

3 pin Top, fuses, Washer of taps and plantation etc. including miscellaneous work of Civil/Electrical/Mechanical Engg. Works and labour charges for such repairs worth Rs.1000/- per month are to be borne by the Contractor. Spare parts which are required for maintenance will be made available by the concerned Division of this office to the Contractor and such spare parts will be kept in stock by the Contractor. Similarly, he will maintain proper account of stock received, parts used and defective parts returned to the concerned Division of this office. The regular services contract will be arranged separately for each equipment by Corporation, as may be required. So far as electrical fittings are concerned like bulbs, tubes, chokes, switches etc. would be replaced on returning the defective ones.

(v) The Contractor shall deploy Four Malis. Out of these Four Malis at least one

should be trained and experience while other Three will assist him for maintenance of the lawns, gardens, plantation work, flower pots and allied jobs situated in the premises. The Contractor will provide at his cost the electric/diesel operated grass cutting machine and other related equipment. The cost of plants, manure and insecticides will be borne by the Corporation. Sufficient number of indoor pots (minimum fifty) containing evergreen leafy plants are to be provided in the Administrative Block, Guest House and hostel by the Contractor at his own cost. All the pots are to be replaced fortnightly by the Contractor. The sufficient numbers of indoor pots containing seasonal leafy & flower plants are to be provided in Administrative block, Guest House & Hostels by the Contractor at his own cost. Similarly all the pots are to be replaced fortnightly by the Contractor at his cost.

(vi) The Contractor shall ensure operation of A.C.s in the various Class Rooms and the

Auditorium and switch on and switch off these units daily and in the event of any need to operate the audio-visual system in the Auditorium, the Contractor shall provide one operator for the auditorium as well as for the photocopier machine.

(vii) The Contractor shall ensure proper and regular cleaning & filling with drinking

water of all water-coolers, desert-coolers and overhead water tank in the Institute on daily basis.

(viii) The Contractor shall ensure filling of water and keeping the batteries cleaned in

respect of UPS Batteries, EPBX Batteries and other batteries requiring such maintenance.

(ix) The Contractor shall arrange washing of all linen including curtains at his cost and

to arrange proper storage and control of all linens and render periodical account of the same to this office.

(x) The Contractor shall ensure to manage dry cleaning of the blankets/ sofa-sets

etc. at his cost and render periodical account of the same to the office.

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(xi) The contractor shall replace room linen i.e. bed sheets, bed covers and pillow covers twice in a week in Hostel Rooms & Guest House. The bed sheets, bed covers and pillow covers will be supplied by the Corporation. Further, the contractor shall provide at his cost cleaned, washed pressed towel (medium size) every week to each trainee and if need arises or in emergency, the towel can be changed at any time.

(xii) The Contractor shall provide a trained Carpenter, Plumber during normal working

hours and round the clock Electrician both equipped with proper tools. The measures for maintenance should be pro-active, anticipatory and not-fighting an emergency situation after a major break-down has occurred. The Carpenter, Plumber & Electrician will also attend to complaint / repairs of residential quarters. However, technical plumbing work relating to motor-pump will be looked-after by the Plumber.

(xiii) The Contractor shall employ trained person to operate the motor pump,

generator-set at his cost and he would be responsible to see that the water supply is properly maintained at all fittings related to water supply. For the diesel to be used for the generator set, the Contractor shall maintain a Log Book which shall be produced in the concerned Division of this office daily at 11.00 AM on all working days. As the electrician will be available round the clock, therefore electrician will ensure to operate Motor-Pump and Generator-Set in absence of Motor-Operator.

(xiv) The Contractor shall provide six trained persons as attendants exclusively for

Lecture Hall, QC Lab, Model Room, Library and Computer Room & Reception who shall also attend to the proper functioning of audio system, television, DVD and OHP, Power system in Lecture Halls and Hostel/ Wi-fi or Computer Internet.

(xv) The Contractor shall maintain two thermos and two glass-tumbler in each bed

room of hostel & arrange their cleaning and refilling with drinking water twice a day or as frequently as required. The Corporation will provide thermos only.

(xvi) The Contractor shall provide mosquito repellant of good quality such as Good

Knight, liquid refill in each bedroom every day at his cost (machines to be provided by the Corporation). The Contractor will provide every week toilet soap weighing 15 gms of standard make to each participant at his cost.

(xvii) The Contractor will provide a whole time Resident Supervisor and round the

clock housekeepers for hostel at his cost for all connected jobs.

(xviii) Total man-power required under this contract as per clause-v, vi, xii, xiii, xiv & xvii is as under; 1) 4 Gardener[Mali]( One skilled & Three unskilled) 2) 3 Electrician (Skilled) 3) 1 Carpenter (Skilled) 4) 1 Plumber (Skilled) 5) 3 Supervisor (Skilled) 6) 6 Attendants (Un-skilled) 7) 1 Skilled Operator for Pump & Diesel Generator-Set Total workers =19

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The contractor will provide the labour as per working hour’s norms of labour

with one weekly rest.

(xix) The Contractor shall provide pest-control of flies, mosquitoes, cockroaches, Rodents, Termite at his cost. The contractor shall also ensure that spraying with Phenyl and Baygon spray in the Administration Block, Lecture Halls, Auditorium, QC Lab, Model Room, Computer Hall, Library, Dining Hall,(Pesto flash) Kitchen etc. is to be carried out at regular intervals.

The fogging is to be done by the contractor at least once in a month in the entire

plot area of IFS premises or as and when required.

In addition, the contractor shall provide Room Freshener in the rooms etc. daily.

Further, the contractor, through his supervisor, will ensure readiness of all rooms before arrival of trainees in the campus on regular basis.

(xx) The contractor shall ensure opening and proper locking of all rooms in Hostel,

Guest House and Administration Block and in case of any breakage, pilferage of any fixture and/or furniture, other equipment, the responsibility shall be of the Contractor.

(xxi) The Contractor shall maintain all electric items of the building such as tube-lights

and fans etc. The Contractor shall be responsible only for their maintenance. Replacement of material such as bulbs, tube-lights or any other such material will be provided by the Corporation. Proper accounting of items supplied to the Contractor and their use, is to be furnished to the concerned Division of this office by the Contractor/his Manager timely and on regular basis.

(xxii) The Contractor shall be responsible for maintenance of all furniture and fixtures

kept in Administrative Block, Hostel and Guest House, “C‟ Block, Director’s residence. Daily Dusting cleaning of all furniture, telephones, fixtures etc. is to be carried out before opening of the office i.e. by 9.00 AM. Besides, weekly dusting and cleaning of fans, electrical fittings are to be done by the Contractor. On joining of the Contractor the inventory of all furniture, fixture, will be furnished to the Contractor.

(xxiii) The Contractor shall ensure that persons provided by him for house-keeping will

also be responsible for receiving the trainees and allotting them rooms as per instructions/guidelines given to them from time to time by the Competent Authority. The check-in and check-out timings will also be maintained by the housekeeper. He will also be responsible to communicate any complaint of sickness, mishap, accident etc. immediately to the Director or any other authorized officer directly. Complaint register/Suggestion register will be made available at the Reception under the control of the supervisor.

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(xxiv) SHORTAGE OR FAILURE OF WATER SUPPLY:

In the event of shortage of water supply, it shall be the Contractor’s

responsibility to ensure that arrangements are made for storage of water in sufficient quantity for drinking, bathing, washing and toilet purposes. The Contractor will for this purpose ensure smoother working of the water pump, tube well and the Municipal supply.

(xxv) SICK TRAINEES:

If an occupant in Hostel /Guest House falls ill, the contractor shall immediately attend to his requirements and bring the matter to the notice of the Hostel-Warden/Course Coordinator/ Director.

B. MISCELLANEOUS : (i) STAFF REQUIREMENT: THEIR DUTIES: BEHAVIOUR ETC.

a) The Contractor shall comply with all the labour laws, rules and regulations

applicable in the matter of such workers as are engaged by him. All required amenities under Contract Labour (R&A) Act, 1970 will be provided to the labour by the contractor. Further, he shall ensure all compliance requirements/ formalities /submission of returns required under Contract Labour (R & A) Act, 1970, EPF & MP Act, 1952, ESI Act, 1948, Minimum Wage Act, 1948 and etc.

b) The /contractor’s staff shall not disturb the employees of the Corporation

or make any sort of noise in the IFS Premises.

c) The Contractor’s workers shall be polite, courteous, well behaved and honest.

d) The Contractor shall be fully responsible for any theft, burglary, fire or any

other misbehavior deed done by his workers.

e) The antecedents of all the workers shall compulsorily be got verified from police by the Contractor. Before deployment of workers in the Institute, the contractor shall ascertain their age. He shall also ensure that no worker should be minor i.e. Under-age.

f) The Contractor’s worker shall not enter into any unlawful activity within

the Corporation’s premises and shall have good moral character.

g) The Food Corporation of India shall have the right to impose cash penalty on the contractor or deduct such amounts from its Security Deposit/any pending admitted claims in case of the FCI being put to any financial loss directly or indirectly by any act of commission on the part of the Contractor’s workers.

h) The Contractor shall be directly responsible for the wages which should

not be less than minimum wages as well as the Provident Funds, Bonus or any other benefits as may be applicable to its employees under relevant

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Acts and Regulations applicable in the Central Government. The Corporation shall not entertain any such claim of the persons employed by the Contractor. Any upward revision in the basic minimum wages/ statutory payments, Contractor is entitled to the same, only if he satisfies the Corporation that the same is passed on to the personnel engaged by him and not otherwise. For any default on the part of contractor in respect of payment of wages or any other dues to his workers and in case Corporation is forced to make any payment on behalf of Contractor due to any reason, the same shall be deducted from admitted /pending dues of contractor. Corporation will not be responsible to the contractor’s employees in any manner. The contractor shall provide uniform to their worker with badges of their name.

i) Insurance and accident risks of the workers shall be the responsibility of

the Contractor.

j) It will be the duty of contractor to ensure that all workers deployed by him in IFS, Gurgaon shall remain free from infectious disease.

k) The Contractor shall ensure that proper license/permission is obtained

promptly from the concerned Authorities wherever applicable as per Contract Labour (R&A) Act, 1970 and /or other applicable Act in this regard.

l) The Corporation reserves exclusive right to order any worker of the

contractor to leave the premises of the Corporation if his presence at any time is felt undesirable.

(ii) The Contractor shall carry out improvements as may be necessary for ensuring

satisfactory maintaining services and shall take due notice of complaints made by the occupants in Hostel, Faculty Members or the Director of the Institute. The Contractor shall submit the complaint Register to the concerned Division of this office consistently for further submission to the Competent Authority.

(iii) The lights, fans, geysers, desert coolers, heat convectors will be provided in the

Guest House and Hostel Block. Apart from above articles, Air Conditioners, OHPs, Audio-Visual Aids, Public Address System etc. will be provided in Administration Block. The list of the articles will be provided to the contractor on joining.

All furniture, fixtures, equipment and articles brought or made available

by the Corporation in/out to the Hostel Block, Guest House, Administration Block shall remain to be the exclusive property of the Corporation and on completion or earlier termination of the contract, the said items shall be handed over by the Contractor to the Corporation in the same order and condition as they are now. Reasonable wear and tear will be accepted.

(iv) The Administrative Block, Hostel Block, Guest House and the outer compound shall have supply of power and water but proper steps shall be taken by the contractor to ensure the use of Power and Water with due economy. The contractor shall adhere to all the rules and regulations of Power and Water Supply Authorities in this regard.

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(v) Guest-House will be allotted only on the written authorization of the Warden. The advance booking and allotment of guest-house will be intimated by the Warden of the Institute.

(vi) DAMAGE TO THE PREMISES OF OTHER ARTICLES:

The Contractor shall be responsible for pilferage and/or any damage to the Administration Block, Hostel Block and Guest House or any portion of the building under the contractor’s occupation or the fittings fixtures, furniture or other equipment entrusted in his charge, when such damage in the Corporation’s opinion is caused due to negligence or carelessness or any fault on Contractor’s part or that of his Manager or servant or Agent. The Contractor shall be liable to pay to the Corporation the amount in respect of such damage as may be assessed by the Corporation’s Engineer or other officer authorized in this behalf.

(vii) MAINTENANCE CONTRACTOR TO VACATE THE HOSTEL BLOCK ON

TERMINATION.

All articles, equipment, furniture and other fixtures belonging to the Corporation and which are in the custody of the contractor, shall be handed over / given back to the Corporation by the contractor besides peacefully vacating the premises, immediately on the completion/termination of this contract. The contractor shall also remove all his stores, effect etc. In default, the Corporation shall be entitled to enter into and take possession of his room and lock up the same or remove his stores or their effects wherever lying and to dispose of the same by sale or otherwise without any notice and shall not be liable for any damage and forfeit the security deposit without assigning any reasons.

(viii) NOTICE OF TERMINATION OF CONTRACT:

The contract can be terminated without assigning any reason by giving 30

days’ notice in writing.

(ix) The Corporation will provide a room/space to the Contractor free of cost during the period of contract for keeping the material etc. No name plate of the contractor shall be allowed to be displayed on the room.

(x) PAYMENT OF TAXES:

The Contractor shall obtain at his own expense all licenses and permission

which may be required for conducting the maintenance business at IFS Gurgaon and pay all taxes and penalties hereinafter to become payable to the Govt. Authorities / Municipality or any other local body by reason of his conducting business as the Contractor at the training center.

(xi) The payment will be made on presentation of pre-receipted bill (in duplicate)

complete in all respects on monthly basis after completion of the month for having rendered the services satisfactorily. In case, work is not found as per terms & conditions of this Tender including its Annexures, Appendices etc. on a particular day (s) during a month, a cut shall be imposed for the same number of

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days @ 25% from the admitted payable monthly dues from the contractor. The

Director, IFS, FCI, Gurgaon at his discretion may make a deduction more than 25% from the contractor’s admitted pending bills on account of repeated / poor standard of services rendered by the contractor. The decision of Director, IFS, FCI, Gurgaon in this regard will be final. Accordingly, after the adjustment of these cuts/ deductions, monthly payment will be made. No interest shall be payable for any delay in payment of bills. If the contractor is employing less than the agreed number of workers on any day, a penalty to the extent of 150% of the daily wages applicable to his category for which workers found short will be imposed and deducted from the monthly payment bill.

(xii) RESPONSIBILITIES OF THE IFS, FCI, GURGAON:

1. To provide all linen such as Mattresses, Pillows, Curtains, Bed Sheets, bed

covers, pillow covers, towels, blankets, Good Knight Mosquito Repellant Machines along-with liquid refiles only, First Aid Kit and replenishment to First Aid Kit etc., & thermos.

2. To provide buckets and mugs etc. in the bathrooms. 3. To provide inventory of all such linen, furniture & fixture, electrical items. 4. To provide replacement of fixture and furniture, tube lights, LED bulbs and

other electrical appliances (other than articles mentioned/stipulated under para-4 of Clause A, Annexure-I).

6. Subletting The Contractor shall not sublet, transfer, or assign the Contract, or any part thereof.

7. Relationship with third parties

All transactions between the Contractor and third parties shall be carried out as between two principals without any reference to the Corporation in any event. The Contractor shall also undertake to make third parties fully aware of the position aforesaid.

8. Liability for Personnel

(a) All persons employed by the Contractor shall be engaged by him as own employees in all respects, and all rights and liabilities under the Contract Labour (R&A) Act, 1970, or the Indian Factories Act, or the Employees Compensation Act, or Employees Provident Fund & Misc. Provisions Act or Minimum Wages Act and other applicable enactments, in respect of all such personnel shall exclusively be that of the Contractor. The Contractor shall be bound to indemnify the Corporation against all the claims whatsoever in respect of his personnel under the Employees Compensation Act, 1923, or EPF&MP Act or ESI Act or any statutory modification thereof or otherwise for or in respect of any damage or compensation or penalty or interest payable in consequence of any accident or injury sustained by any workmen or other person whether in employment of the Contractor or not.

(b) Contractor shall also comply with all Rules & Regulations/Enactments made by the State Govt./Central Govt. from time to time pertaining to the Contract including all Labour Laws.

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(c) The Contractor shall be solely responsible for the Redressal of grievances/resolution of

disputes relating to person deployed by them. FCI shall, in no way, be responsible for settlement of such issues whatsoever. FCI shall not be responsible for any damages, losses, claims, financial or other injury to any person deployed by contractor in the course of their performing the functions/duties or payment towards any compensation.

(d) For all intents and purposes, the Contractor shall be the “Employer” within the meaning of different Labour Legislation in respect of personnel so employed and deployed in the office of FCI. The persons deployed by the Contractor in the office of FCI shall not have claims of any Master and Servant relationship nor have any Principal and Agent relationship with or against FCI.

(e) In case of termination of this contract on its expiry or otherwise, the persons deployed by the Contractor shall not be entitled to and will have no claim for any absorption in the regular or otherwise capacity in the office of FCI. Contractor should make this known to persons deployed by him.

(f) The personnel deployed by the Contractor shall be the employees of the Contractor and shall neither claim nor shall be entitled to any pay, perks and other facilities admissible to casual, adhoc, regular/confirmed employees of FCI during the contract or after expiry of the contract.

(g) Any liability arising out of accident or death of any personnel while on duty shall be borne by the Contractor.

(h) The contractor shall during the period of contract pay not less than minimum wages to

the workers engaged by him throughout the term of the contract. Minimum wages shall mean the rates notified by the Appropriate Government and prevailing at the time of submission of Tender for the work as amended from time to time. The contractor shall also maintain such Records and also submit such Returns as may be prescribed under the Act to the authority designated under the Employee’s Provident Fund Act, 1952 and the Scheme and the rules framed there under. The contractor shall also make available such Returns/Records as may be prescribed and or demanded for inspection by RPFS and to the Director or any officers authorized by FCI. The contractor shall also maintain necessary Records & Registers as per Minimum Wages Act, 1948 and Central Rules made thereunder i.e. Register of Fines, Register of deduction for damage or loss caused to employer by the neglect of default of the employed person, Annual Return. O.T. Register for workers, Muster Roll, Abstract of the Act & Rules to be displayed on the Notice Board, Wage Book and wage Slip, Register or unpaid wages etc.

(i) The Contractor shall maintain and submit following Records and Returns prescribed

under the EPF & MP Act, 1952 and the Scheme framed thereunder to the Authority designated under the said Act and to the Food Corporation of India :-

Form – 2 Nomination and Declaration Forms to be submitted for new entrants. Form - 3 The Contribution Card for the currency period – Annually. Form – 3A Contribution Card for the currency period from 1st April to 31st March-

Annually Form 4 Contribution Card for Employees other than monthly paid Employees

Annually

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Form 5 Return of Employees qualifying for the Membership. Form 5 A Return of Ownership to be sent to the Regional Commissioner. Form 6 Return of the Contribution Card and Annual Statement of Contribution. Form 6 A Consolidated Annual Contribution Statements. Form 10 Form of Maintenance of Accounts. Form 11 Balance Sheet Form 12 A Statement of Contribution – Monthly.

9. Bribe, Commission, Gift etc.

An Act of bribe, gift or advantage, given, promised or offered, by or on behalf of the Contractor, or any one of their Partners/Directors/Agents or Officials, or any person on his or her behalf to any Officer, Officials, Representative or Agent of the Corporation, or any person on his or their behalf, for showing any favour or forbearing to show any disfavor to any person in relation to the Contract, shall make the Contractor liable for termination of this Contract or any other Contract with the Corporation and the Contractor shall be liable to reimburse the Corporation of any loss or damage resulting from such cancellation.

10. Period of Contract (i) The Contract shall remain in force for a period of two year from the date of

appointment or such later date as may be decided by the Director, IFS, FCI, Gurgaon.

(ii) the Director, IFS, FCI, Gurgaon reserves the rights to terminate the Contract at any time during its currency without assigning any reasons thereof by giving Thirty Days’ Notice in writing to the Contractor at the notified address and the Contractors shall not be entitled to any compensation by reason of such termination. The action of the Director, IFS, FCI, Gurgaon under this clause shall be final, conclusive and binding on the Contractor.

11. Security Deposit (i) The successful Tenderer shall furnish, within fifteen working days of acceptance of his

Tender, a Security Deposit of Rs. 2,00,000/- (Rupees Two Lakh only) for the due performance of his obligations under the Contract. The successful tenderer shall, however, have the option to pay 50% of the Security Deposit within the above mentioned period and remaining 50% by deduction @ 5% from each admitted bill. Security Deposit will be accepted through Demand Draft issued in favour of Food Corporation of India payable at Gurgaon by a scheduled bank or through Electronic Clearing System(ECS)/ other electronic means only.

(ii) The Security Deposit furnished by the Tenderer will be subject to the terms and

conditions given in the Tender and the Corporation will not be liable for payment of any interest on the Security Deposit.

(iii) In the event of the Tenderer’s failure, after the communication of acceptance of the

Tender by the Corporation, to furnish the requisite Security Deposit by the due date his Contract shall be summarily terminated besides forfeiture of the Earnest Money and the Corporation shall proceed for appointment of another contractor at the risk and cost of Contractor. Any losses or damages arising out of and incurred by the Corporation by such conduct of the contractor will be recovered from the contractor,

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without prejudice to any other rights and remedies of the Corporation under the

Contract and Law. The Contractor will also be debarred from participating in any future Tenders of the Corporation for a period of five years. After the completion of prescribed period of five years, the party may be allowed to participate in the future Tenders of FCI provided all the recoveries/dues have been effected by the Corporation and there is no dispute pending with the Contractor/Party.

iv) If the successful Tenderer had previously held any Contract and furnished Security

Deposit, the same shall not be adjusted against this Tender and a fresh Security Deposit will be required to be furnished.

(v) Upon satisfactory performance of the services and on completion of all the obligations

by the Contractor under the terms of the Contract and on obtaining a “No Demand Certificate” from the assigned authority of Food Corporation of India, the Security Deposit will be refunded to the Contractor subject to deductions, if any from the Security as may be necessary for recovering the claims of Food Corporation of India against the Contractor. The Food Corporation of India will not be liable for payment of any interest on the Security Deposit.

12. Liability of Contractor for losses suffered by Corporation

(a) The Contractor shall be liable for all costs, damages, registration fees, charges and expenses suffered or incurred by the Corporation due to the Contractor’s negligence and un-workman like performance of any services under this Contract, or breach of any terms of the Contract, or failure to carry out the work under the Contract, and for all damages or losses occasioned to the Corporation, or in particular to any property belonging to the Corporation, due to any act, whether negligent or otherwise, of the Contractor or his employees. The decision of the Director, IFS, Gurgaon regarding such failure of the Contractor and their liability for the losses, etc. suffered by the Corporation, and the quantification of such losses, shall be final and binding on the Contractor.

13. Summary Termination of the Contract

(a) In the event of the Contractors having been adjudged insolvent or going into liquidation or winding up their business or making arrangement with their creditors or failing to observe any of the provisions of this Contract or any of the terms and conditions governing the contract, the Director, IFS shall be at liberty to terminate the contract forthwith without prejudice to any other right or remedies under the Contract & Law and to get the work done for the unexpired period of the Contract at the Risk and Cost of the Contractors and to claim from the Contractors any resultant loss sustained or cost incurred by the Corporation.

(b) The Director, IFS shall also have without prejudice to other rights and remedies, the right, in the event of breach by the Contractor of any of the terms & conditions of the Contract to terminate the Contract forthwith and to get the work done for the unexpired period of the contract at the Risk and Cost of the Contractor and/or forfeit the Security Deposit or any part thereof for the sum or sums due for any damages, losses, charges, expenses or cost that may be suffered or incurred by the Corporation due to the Contractor’s negligence or un-workman like performance of any of the services under the contract.

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(c) The Contractor shall be responsible to supply adequate and sufficient persons under

the Contract in accordance with the instructions issued by the Director, IFS or an officer acting on his behalf. If the Contractor fails to supply the requisite number of persons the Director, IFS shall at his entire discretion, without terminating the contract be at liberty to engage other Agency at the Risk and Cost of the Contract(s), who shall be liable to make good to the Corporation all additional charges, expenses, cost or losses that the Corporation may incur or suffer thereby. The Contractor shall not, however, be entitled to any gain, resulting from entrustment of the work to another party. The decision of the Director, IFS shall be final and binding on the Contractor.

14. Recovery of losses suffered by the Corporation

(a) The Corporation shall be at liberty to reimburse themselves for any damages, losses, charges, costs or expenses suffered or incurred by him due to Contractor’s negligence and unworkmanlike performance of service under the contract or breach of any terms thereof. The total sum claimed shall be deducted from any sum then due or which at any time thereafter may become due, to the Contractor under this or any other Contract with the Corporation. In the event of the sum which may be due from the Contractor as aforesaid being insufficient, the balance of the total sum claimed and recovered from the Contractor as aforesaid shall be deducted from the Security Deposit, furnished by the Contractor. Should this sum also be not sufficient to cover the full amount claimed by the Corporation, the Contractor shall pay to the Corporation on demand the remaining balance of the aforesaid sum claimed.

(b) In the event of termination of this Contract, or in the event of any breach of any of the terms and conditions of this Contract by the Contractor, the Director, IFS shall have the right to forfeit the entire or part of the amount of the Security Deposit of the Contractor or to appropriate the Security Deposit or any part thereof in or towards the satisfaction of any sum due to be claimed for and damages, losses, charges, expenses or cost that may be suffered or incurred by the Corporation. The decision of the Director, IFS in respect of such damages, losses, charges, expenses or cost shall be final and binding on the Contractor(s).

15. Responsibilities of the Contractor

(a) The Contractor shall carry out all items of services assigned or entrusted to him by the Director, IFS or an officer acting on his behalf and shall abide by all instructions issued to him from time to time by the said officer. He shall render the services to the satisfaction of the Director, IFS or an officer acting on his behalf together with ancillary and incidental duties, services and operations as may be indicated by the said officer(s) and are not inconsistent with the terms and conditions of the contract. The Contractor shall always be bound to act with responsible diligences and in a businesslike manner and to use such skill as expected from men of ordinary prudence in the conduct of their activities.

(b) Only trained and experienced person will be supplied by the Contractor to the FCI. The

Contractor shall be responsible for leave, uniforms, bonus and other fringe benefits to the persons provided to FCI. Each person be provided an Identity Card by the Contractor. The Contractor personnel should not be drug addicted/or use pan or liquor in the FCI’s premises.

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(c) The FCI will not be responsible in any respect with regard to service conditions, salaries

and conduct of the personnel provided by the Contractor. The Contractor will be the employer of the persons provided by him and the FCI will have no concern/liability whatsoever in respect of their services.

(d) The Contractor is liable to provide his own personnel and cannot take over the existing personnel, if any, of the erstwhile Contractor. Upon termination of contract, the Contractor is liable to remove all his personnel from the premises of the FCI failing which FCI will be entitled to stop all payments due to the Contractor.

(e) The Contractor shall be responsible for the good conduct of their employees and shall compensate the Corporation for losses arising from negligence, carelessness, want of skill or misconduct of themselves, their servants or agents or representatives. The Director, IFS shall have the right to ask for the removal of any employee of the Contractors who in his opinion is hampering the smooth execution of the work and his decision regarding losses caused by neglect and misconduct etc. by the Contractors, their servants and agents or representative shall be final and binding on the Contractors.

(f) The Contractor shall intimate the Director, IFS or officers authorized to act on his behalf, the name of one or more responsible representative(s) authorized to act on his behalf in day to day working of the contract. It shall be duty of such representative(s) to call at the office of the Director, IFS or an officer acting on his behalf, every day and generally to remain in touch with them to report the progress and generally to take instructions in the matter.

16. Set-off Any sum of money due and payable to the Contractor (including Security Deposit

refundable to the Contractor) under this Contract may be appropriated by the Corporation and set off against any claim of the Corporation under this Contract or any other Contract made by the Contractor with the Corporation.

17. Book Examination

The Contractor shall whenever required, produce or cause to be produced for examination by the Director, IFS or any other officer authorized by him in this behalf, any cost or other accounts books, vouchers, receipts, letters, memoranda or writing, or any copy of, or extract from, any such document, and also furnish information and returns, verified in such manner as may be required relating to the execution of this Contract. The decision of the Director, IFS on the question of relevancy of any document, information or return shall be final and binding on the Contractor. The Contractor shall produce the required documents, information and returns at such time and place, as may be directed by Director, IFS.

18. Volume of Work

(a) Subject as hereinafter mentioned, the Corporation does not guarantee any definite volume of work/number of persons required by the Corporation at any point in time, or throughout the period of the Contract.

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19. Payment The corporation shall not be liable for payment of any interest on any bill

outstanding for payment.

20. Force Majeure

The Contractor will not be responsible for delays which may arise on account of reasons beyond their control of which the Director, IFS shall be the final judge. Strikes by Contractor’s workers on account of any dispute between the Contractors and their workers as to wages or otherwise will not be deemed to be a reason beyond the Contractors control and the Contractor shall be responsible for any loss or damage which the Corporation may suffer on this account.

21. Disclaimer The Corporation is under no obligation to enter into any contract with anyone by issuing the

Tender. The Corporation reserves the right to accept or reject any or all response, to request

additional submissions or clarifications from one or more Tenderer, or to cancel the process entirely without assigning any reason.

The Corporation makes no representation or warranty, express or implied, as to the accuracy

correctness and completeness of the information contained in the Tender documents.

22. No waiver of rights Neither the inspection by FCI or any of their agents, nor any order by FCI for payment of

money or acceptance of the whole or any part of the Works by FCI, nor any possession taken by FCI shall operate as a waiver of any provision of the Contract, or of any power reserved to FCI, or any right to damages here in provided, nor shall any waiver of any breach in the Contract be held to be a waiver of any other or subsequent breach.

23. Law Governing the Contract & Dispute Resolution

The Contract will be governed by the Laws of India for the time being in force. Any dispute arising out of this Contract will be settled in the court of law of competent jurisdiction.

DIRECTOR FOOD CORPORATION OF INDIA INSTITUTE OF FOOD SECURITY

GURGAON

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Annexure-II

TENDER FOR MAINTENANCE CONTRACT 1. Name of the Tenderer :_________________________________________ 2. Address :__________________________________________

:__________________________________________

:__________________________________________

3. License No ::________________________________________________

4 Regd. No: Under Shop & Estt. Act:_______________________________________________

5 Employee’s PF Account Number : _________________________________________

6 Type of Establishment :_________________________________________

7 Whether Govt. /Semi Govt./Private :_________________________________________

8 Contracts executed till date :_________________________________________

i) ii) iii) iv) v) vi) vii)

9 Present Assignments in hand : i) ii) iii)

I/We have carefully read and understood the Tender including General information to tenderers, terms and conditions of the maintenance services contract and liability of contractor mentioned at Annexure-I. I agree to abide by them. All documents required are enclosed. The scanned copy of the Acknowledgement dated__________of the Earnest Money Deposit (EMD) amounting to Rs.___________________(Rupees) deposited through RTGS/NEFT in the stipulated IFS, FCI’s CC A/c __________ with IFSC Code No. __________ in State Bank of India____________ is enclosed herewith. I agree that the Earnest Money shall be liable to forfeiture if after submitting my tender, I resile from or modify my offer and/or the terms & conditions thereof in any manner it being understood that these documents have been made available to me and I am permitted to tender in consideration of my agreement to this stipulation. I also agree that this Earnest Money is liable to be forfeited in the event of my failure after acceptance of this tender to furnish the requisite Security Deposit by the due date which is without prejudice to any right or remedies of the Corporation under the contract and law. I know that no interest would be payable on the Earnest Money / security.

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I / We hereby give consent of converting the amount of Earnest Money Deposit into security on being found to be a successful tenderer. I/We have inspected the location concerning the contract before submission of tender.

Yours faithfully,

Name ( )

Signature of the Tenderer

1. Capacity to sign the tender ------------------------ 2. Full Postal Address ___________ Dated: N.B. – Attested Photostat copies in support at SL. 3, 4, 5, 8 & 9 are attached.

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Appendix-I

FORWARDING LETTER

From(Tenderer) _______________ (with complete name & address) __________________ ____________________ Tel. No.__________________ Mobile No. ________________ ____________ Fax No ______________________E-Mail__________________________________ To The Director, Institute of Food Security, Food Corporation of India, Institutional Area, Plot No.87, Sector-18, Gurgaon (Haryana). Dear Sir, 1. I submit the Online Tender at CPP Portal website http://eprocure.gov.in//eprocure/app for

appointment Maintenance Contractor IFS, FCI, Institutional Area, Plot No-87, Sector- 18, Gurgaon(Haryana) for a period of two years.

2. I have thoroughly examined and understood all the terms & condition as contained in the

Tender Documents, invitation to Tender, General Information to Tenderer and its Annexure & Appendices and agree to abide by them.

3. I agree to keep the offer open for acceptance upto and inclusive of 05.06.2015 and to the

extension of the said date by a fortnight in case it is so decided by the Director. I shall be bound by communication of Acceptance of the Offer dispatched within the time. I also agree that if the date upto which the Offer would remain open is declared a holiday for the Corporation the Offer will remain open for acceptance till the next working day.

4. The scanned copy of the Acknowledgement dated__________of the Earnest Money Deposit

(EMD) amounting to Rs.___________________(Rupees) deposited through RTGS/NEFT in the stipulated IFS, FCI’s CC A/c __________ with IFSC Code No. __________ in State Bank of India____________ is attached herewith as Earnest Money. In the event of my Tender being accepted, I agree to furnish Security Deposit as stipulated in the Tender.

5. I do hereby declare that the entries made in the Tender and Annexures/ Appendices attached

therein are true and also that I shall be bound by the act of my duly Constituted Attorney.

Recent

Photograph of

Tenderer

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6. I hereby declare that my Firm/Company has not been blacklisted or otherwise debarred

during the last five years by the Food Corporation of India, or any other Public Sector Undertaking or any Government, for any failure to comply with the terms and conditions of any Contract, or for violation of any Statute, Rule, or Administrative Instructions.(*)

OR

I hereby declare that my Firm/Company was blacklisted/debarred by______________(here give the name of the client) for a period of _________, which period has expired on___________. (Full details of the reasons for blacklisting/debarring, and the communication in this regard, should be given)(*) (*) (Strike out whatever is not applicable)

7. I hereby declare that no Contract entered into by my Firm/Company with the Food

Corporation of India, or any other Public Sector Undertaking or any Government, has been terminated before the expiry of the Contract period at any point of time during the last five years.

8. I hereby declare that the Earnest Money Deposit and/or Security Deposit has not been

forfeited or adjusted against any compensation payable, in the case of any Contract entered into by me with the Food Corporation of India, or any other Public Sector Undertaking, or any Government during the last five years.

9. I hereby declare that I have not been convicted at any time by a Court of Law of an offence

and sentenced to imprisonment for a period of three years or more.

I certify that all information furnished by me is correct and true and in the event that the information is found to be incorrect/untrue, the Food Corporation of India shall have the right to disqualify me without giving any notice or reason therefor or summarily terminate the Contract, without prejudice to any other rights that the Corporation may have under the Contract and Law.

Yours faithfully,

(Signature of Tenderer) (Capacity in which signing)

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Annexure - A

Instructions for Online Bid Submission As per the directives of Department of Expenditure, this tender document has been

published on the Central Public Procurement Portal (URL: http://eprocure.gov.in ). The bidders are required to submit soft copies of their bids electronically on the 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. More information useful for submitting online bids on the CPP Portal may be obtained at: https://eprocure.gov.in/eprocure/app.

REGISTRATION 1) Bidders are required to enroll on the e-Procurement module of the Central Public

Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the link “Click here to Enroll” on the CPP Portal is free of charge.

2) As part of the enrolment process, the bidders will be required to choose a unique username and assign a password for their accounts.

3) Bidders are advised to register their valid email address and mobile numbers as part of the registration process. These would be used for any communication from the CPP Portal.

4) Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (Class II or Class III Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudhra etc.), with their profile.

5) Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.

6) Bidder then logs in to the site through the secured log-in by entering their user ID / password and the password of the DSC / e-Token.

SEARCHING FOR TENDER DOCUMENTS

1) There are various search options built in the CPP Portal, to facilitate bidders to search active tenders by several parameters. These parameters could include Tender ID, organization name, location, date, value, etc. There is also an option of advanced search for tenders, wherein the bidders may combine a number of search parameters such as organization name, form of contract, location, date, other keywords etc. to search for a tender published on the CPP Portal.

2) Once the bidders have selected the tenders they are interested in, they may download the required documents / tender schedules. These tenders can be moved to the respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate the bidders through SMS / e-mail in case there is any corrigendum issued to the tender document.

3) The bidder should make a note of the unique Tender ID assigned to each tender, in case they want to obtain any clarification / help from the Helpdesk.

PREPARATION OF BIDS 1) Bidder should take into account any corrigendum published on the tender document

before submitting their bids. 2) Please go through the tender advertisement and the tender document carefully to

understand the documents required to be submitted as part of the bid. Please 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.

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3) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender document / schedule and generally, they can be in PDF / XLS / RAR / DWF formats. Bid documents may be scanned with 100 dpi with black and white option.

4) To avoid the time and effort required in uploading the same set of standard documents which are required to be submitted as a part of every bid, a provision of uploading such standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to the bidders. Bidders can use “My Space” area available to them to upload such documents. These documents may be directly submitted from the “My Space” area while submitting a bid, and need not be uploaded again and again. This will lead to a reduction in the time required for bid submission process.

SUBMISSION OF BIDS 1) 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. Bidder will be responsible for any delay due to other issues.

2) The bidder has to digitally sign and upload the required bid documents one by one as indicated in the tender document.

3) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as applicable and enter details of the instrument.

4) Bidder should prepare the EMD as per the instructions specified in the tender document. The original should be posted/couriered/given in person to the Tender Processing Section, latest by the last date of bid submission or as specified in the tender documents. The details of the DD/any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected. Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable. In this tender the financial bid should be submitted in pdf format.

5) The server time (which is displayed on the bidders’ dashboard) will be considered as the standard time for referencing the deadlines for submission of the bids by the bidders, opening of bids etc. The bidders should follow this time during bid submission.

6) All the documents being submitted by the bidders would be encrypted using PKI 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 bids is maintained using the secured Socket Layer 128 bit encryption technology. Data storage encryption of sensitive fields is done.

7) The uploaded tender documents become readable only after the tender opening by the authorized bid openers.

8) Upon the successful and timely submission of bids, the portal will give a successful bid submission message & a bid summary will be displayed with the bid no. and the date & time of submission of the bid with all other relevant details.

9) The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.

ASSISTANCE TO BIDDERS 1) Any queries 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.

2) Any queries 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 233 7315.

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PART-B

PRICE BID

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PRICE BID

The Director Food Corporation of India, Institute of Food Security Gurgaon-122015 Dear Sir,

I hereby submit the online Price Bid for appointment as Maintenance Contractor at Food Corporation of India, Institute of Food Security, Plot No-87, Institutional Area, Sector-18, Gurgaon (Hr.) with reference to NIT. 2 I have thoroughly examined and understood all the terms & conditions as contained in the

Tender Document, General Information to tenderers and its annexures and agree to abide by them.

3. I hereby offer to work at the rates given at Sr. No. 07 of this PRICE BID which is for whole

units for the services as mentioned in Scope of Work of Annexure-I of Tender Document. 4. I undertake to take responsibility of statutory liabilities such as EPF /ESI etc. 5. I shall be bound by the communication of acceptance of the offer dispatched within the time

and I also agree that if the date upto which the offer would remain open be declared a holiday for the Corporation, the offer will remain open for acceptance till the next working day.

6. As required, no documents are being enclosed with Price Bid. The scanned copy of the

Acknowledgement dated__________of the Earnest Money Deposit (EMD) amounting to Rs.___________________(Rupees) deposited through RTGS/NEFT in the stipulated IFS, FCI’s CC A/c __________ with IFSC Code No. __________ in State Bank of India____________ is attached with the Technical Bid as Earnest Money. In the event of my tender being accepted. I agree to furnish a Security Deposit as stipulated in the Tender.

7. S.N Payments on Wages/Material Cost

Rates

1 Wages of workers Not less than Minimum wages as notified by Govt. of India from time to time.

2 Service charges including Material Cost of items etc. as mentioned in Scope of Works of

Annexure-I of the Tender Documents

Rs…………………………………per month In words Rupees………………………… …………………………………………..…….)

8. The rates quoted are exclusive of Service Tax.

Yours faithfully,

(Signature of Tenderer) (Capacity in which signing)