G:\FinalTenderCatering2013.doc FAIR T.D.No._______/2013 Sri Aurobindo Marg, New Delhi 110016 TENDER DOCUMENT FOR CATERING CONTRACT CONTENTS SECTION I : INVITATION FOR BIDS SECTION II : INSTRUCTIONS TO BIDDERS SECTION III : BIDDING DATA SHEET SECTION IV : QUALIFICATION CRITERIA SECTION V : SCHEDULE OF REQUIREMENTS AND SPECIFICATIONS SECTION VI : BID SUBMISSION FORM AND PRICE SCHEDULE SECTION VII : CONDITIONS OF CONTRACT SECTION VIII : CONTRACT FORM SECTION IX : BANK GUARANTEE FORM FOR EARNEST MONEY SECTION X : BANK GUARANTEE FORM FOR PERFORMANCE SECURITY SECTION XI : NOTIFICATION OF AWARD 1 G:\FinalTenderCatering2013.doc FAIR Sri Aurobindo Marg, New Delhi-110016 TENDER NOTICE The National Council of Educational Research & Training (NCERT), New Delhi, an autonomous organization under the Ministry of Human Resource Development, Government of India invites sealed bids from eligible bidders for providing catering services in the N.I.E. Guest House and P.G. Hostel located in NCERT. The last date of receipt of Bids is 03.05.2013 till 05:00 p.m. Technical Bids will be opened on 15.05.2013 at 11:00 a.m. Interested eligible bidders may obtain further information in respect of the Bidding Documents from the Section Officer/Under Secretary, C&W SECTION, Ground Floor, Zakir Hussain Blok, NCERT, Sri Aurobindo Marg, New Delhi – 110 016. A complete set of Bidding Documents may be obtained by any interested eligible Bidder from the Section Officer/Under Secretary (C&W), at the address given above from 10.00 hours to 13.00 hours and 14.00 hours to 16.30 hours on all working days upto 02.05.2013 i.e. till one day prior to the last date of receipt of the Bid indicated above, on submission of a written application to the above and upon payment of a non-refundable fee of Rs.1000/- (Rupees one thousand only) in the form of demand draft drawn in favour of Secretary, NCERT, payable at New Delhi. All bids submitted by Bidders must be accompanied by Earnest Money for a sum of Rs.10,000/- (Rupees ten thousand only) in the form of Demand Draft drawn in favour of Secretary, NCERT, payable at New Delhi be delivered to the above office on or before the last date and time of receipt of Bid mentioned in Para 2 above. Technical Bids will be opened in the presence of Bidders/representative who choose to attend the bid opening at the date, time and address mentioned above. 2 G:\FinalTenderCatering2013.doc FAIR A pre-bid meeting will be held on 25.04.2013 at 3:00 p.m. in the chamber of Deputy Secretary (C&W), 1st Floor, Zakir Hussain Block, NCERT in order to provide the bidders an opportunity to seek clarifications on all aspects of the Bidding Documents. The bidding documents may be sent by registered post or by speed post to the Section Officer/Under Secretary, C&W SECTION, Ground Floor, Zakir Hussain Blok, NCERT, Sri Aurobindo Marg, New Delhi – 110016 by the time and date stipulated for receipt of Bids, if the Bidding Document is delivered by hand, it will be the responsibility of the bidders to ensure that the completed Bidding Documents is dropped in the sealed tender box available with the Section Officer/Under Secretary, C&W SECTION, NCERT. Any delay, even postal delay, in receipt of Bids would be considered late submission of Bid and rejected. Mere handing over of the Bidding Documents at the Reception Counter or at any other counter or person shall not be considered as submission of Bid. Bid Documents can also be downloaded from the NCERT website: www.ncert.nic.in. However, if the tender documents is dowloaded from NCERT Website, in that case, while submitting the tender documents, a Demand Draft of Rs.1000/- in favour of Secretary, NCERT, should be enclosed towards the cost of tender documents. This cost will be nonrefundable. Deputy Secretary (C&W) 3 G:\FinalTenderCatering2013.doc FAIR NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING Sri Aurobindo Marg, New Delhi-110016 SECTION - I INVITATION FOR BIDS Dated _________2013 01. The National Council of Educational Research and Training (NCERT), New Delhi, an autonomous organization under the Ministry of Human Resource Development, Government of India invites sealed bids from eligible bidders for providing catering services in the Guest House and PG Hostel located in the campus. 02. The Guest House in the campus has 50 rooms and on an average 50-70 guests avail Guest House facility on a daily basis. In addition, 30-50 local participants in meetings, workshops, training programmes organized in the NCERT require catering services from the Guest House. The PG hostel on the campus has 52 rooms, and on an average 30 persons stay there on daily basis, who require catering services. 03. The last date for receipt of Bids is 03.05.2013 at 5:00 p.m. Technical Bids will be opened on 15.05.2013 at 11:00 a.m. 04. Interested eligible bidders may obtain further information in respect of the Bidding Documents from the Section Officer/Under Secretary, C&W SECTION, Room No.12, 5 th Floor, Zakir Hussain Block, NCERT, Sri Aurobindo Marg, New Delhi-110016. 05. A complete set of Bidding Documents may be obtained by any interested eligible Bidder from the Section Officer/Under Secretary, C&W at the address given above from 10.00 hours to 13.00 hours and 14.00 hours to 16.30 hours on all working days from the next day of publication of advertisement till one day prior to the last date of receipt of the Bid indicated above, on submission of a written application to the above and upon payment of a non-refundable fee of Rs.1000/- (Rupees one thousand only) in the form of demand draft drawn in favour of Secretary, NCERT, payable at New Delhi. 06. All Bids submitted by Bidders must be accompanied by Earnest Money for a sum of Rs.10000/- (Rupees ten thousand only) in the form of a Demand Draft drawn in favour of Secretary, NCERT and must be delivered to the above office on or before the last date and time of receipt of Bid mentioned in Para 03 above. 4 G:\FinalTenderCatering2013.doc FAIR 07. Technical Bids will be opened in the presence of Bidders’ representatives who choose to attend the bid opening at the date, time and address mentioned above. 08. A Pre-bid meeting will be held on 25.04.2013 at 3:00 p.m. in the chamber of Deputy Secretary (C&W) of the Zakir Hussain Block, NCERT in order to provide the bidders an opportunity to seek clarifications on all aspects of the Bidding Documents. 09. The bidding documents may be sent by registered post or by speed post to the Section Officer/Under Secretary (C&W), Zakir Hussain Block, NCERT, Sri Aurobindo Marg, New Delhi-110016 by the time and date stipulated for receipt of Bids. If the Bidding Document is delivered by hand, it will be the responsibility of the bidders to ensure that the completed Bidding Document is dropped in the sealed tender box available with the Section Officer, C&W SECTION, NCERT. Any delay, even postal delay , in receipt of Bids would be considered late submission of Bid and rejected. Mere handing over of the Bidding Documents at the Reception Counter or at any other counter or person shall not be considered submission of Bid. 10. Bid Documents can also be downloaded from the NCERT website: www.ncert.nic.in. However, if the tender documents is dowloaded from NCERT Website, in that case, while submitting the tender documents, a Demand Draft of Rs.1000/- in favour of Secretary, NCERT, should be enclosed towards the cost of tender documents. This cost will be non-refundable. Deputy Secretary (C&W) 5 G:\FinalTenderCatering2013.doc FAIR SECTION II INSTRUCTIONS TO BIDDERS TABLE OF CLAUSES Topic CLAUSE No. A. INTRODUCTION 01 Scope of Bid 02 Budget Provision 03 Eligible Bidders 04 Cost of Bidding B. BIDDING DOCUMENTS 05 SECTIONs of Bidding Documents 06 Pre-bid meeting 07 Amendment of Bidding Documents C. PREPARATION OF BIDS 08 Language of Bid 09 Documents Comprising the Bid 10 Bid Submission Form 11 Alternative Bids 12 Bid Prices 13 Bid Currency 14 Documents establishing Bidder's Eligibility and establishing Services Eligibility and Qualifications 15 Documents Conformity to Bidding Documents 16 Earnest Money 17 Period of Validity of Bids 18 Format and Signing of Bid 6 G:\FinalTenderCatering2013.doc FAIR D. SUBMISSION OF BIDS 19 Sealing and Marking of Bids 20 Deadline for Submission of Bids 21 Late Bids E. OPENING AND EVALUATION OF BIDS 22 Opening of Bids by the Council 23 Clarification of Bids and Contacting the Council 24 Responsiveness of Bids 25 Non conformities, Errors, and omissions F. AWARD OF CONTRACT 26 Award Criteria 27 Council’s Right to Vary Quantities 28 Council’s Right to Accept any Bid and to Reject any or all Bids 29 Notification of Award 30 Signing of Contract 31 Performance Security 32 Corrupt or Fraudulent Practices 7 G:\FinalTenderCatering2013.doc FAIR SECTION II INSTRUCTIONS TO BIDDERS A. INTRODUCTION 01. Scope of Bid 01.01 National Council of Educational Research and Training (NCERT), Sri Aurobindo Marg, New Delhi 110016, hereinafter referred to as the Council, issues these Bidding Documents for providing Catering Services as specified in SECTION V, Schedule of Requirements and Specifications. 01.02 Throughout these Bidding Documents: (a) the term “in writing” means communicated in written form by mail or fax with proof of receipt; (b) if the context so requires, “singular” means “plural” and vice versa; and (c) “day” means calendar day. 02. Budget Provision 02.01 The Council has the budget provision for Catering Services for which the Invitation for Bid is issued. 03. Eligible Bidders 03.01 This Invitation for Bids is open to all the eligible who fulfill the Qualification Criteria given in SECTION IV. 04. Cost of Bidding 04.01 The Bidder shall bear all costs associated with the preparation and submission of his/her Bid, and the Council will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 8 G:\FinalTenderCatering2013.doc FAIR B. BIDDING DOCUMENTS 05. SECTIONs of the Bidding Documents 05.01 The Bidding Documents consist of Parts 1, 2, and 3, which include all the SECTIONs indicated below, and should be read in conjunction with any addendum issued in accordance with CLAUSE 7. Part 1: Bidding Procedures • SECTION I. Invitation for Bids • SECTION II. Instructions to Bidders • SECTION III. Bidding Data Sheet • SECTION IV. Qualification Criteria • SECTION V. Schedule of Requirements and Specifications Part 2: Supply Requirements • SECTION VI. Bid Submission Form and Price Schedule. Part 3: Contract • SECTION VII. Conditions of Contract • SECTION VIII. Contract Form • SECTION IX (a) Bank Guarantee Form for Earnest Money (b) Bank Guarantee Form for Performance Security 05.02 The Council is not responsible for the completeness of the Bidding Documents and their addendum, if they were not obtained directly from the Council. 05.03 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents. Failure to furnish all information or documents required by the Bidding Documents may result in the rejection of the bid. 06. Pre-bid meeting 06.01 A prospective Bidder requiring any clarification of the Bidding Documents may notify the Council in writing or by fax at the Council’s mailing address indicated in the Bidding Data Sheet. All requests for clarification received by the Council 10 days prior to the deadline for submission of bids will be clarified in a pre-Bid meeting scheduled to be held as per details in the Bidding Data Sheet. 9 G:\FinalTenderCatering2013.doc FAIR 07. Amendment of Bidding Documents 07.01 At any time prior to the deadline for submission of Bids, the Council may amend the Bidding Documents by issuing an addendum. 07.02 The amendment will be notified in writing or by fax to all Prospective Bidders who have directly purchased the Bidding Documents, and will also be displayed on the website of the Council. The amendment will be binding on all the Bidders. 07.03 In order to afford Prospective Bidders reasonable time to take the amendment into account in preparing their Bid, the Council may, at its discretion, extend the deadline for the submission of Bids. C. PREPARATION OF BIDS 08 Language of Bid 08.01 The Bid prepared by the Bidder, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Council, shall be written in English or Hindi language, provided that any printed literature furnished by the Bidder may be in another language so long as it is accompanied by an accurate translation in English/Hindi of its pertinent passages. 09. Documents Comprising the Bid 09.01 The Bid submitted by the Bidder shall be in two separate parts: namely Part-I and Part-II Part I: This shall be named Technical Bid and shall consist of: I. In the case of Bidding Documents downloaded from the website, a demand draft in favour of the Secretary, National Council of Educational Research and Training payable at New Delhi for Rs.1000/- as the cost of the Bidding Documents. This shall be placed in a separate cover and marked “Cost of Bidding Documents downloaded from the internet”; II. Earnest Money in a separate cover marked ‘Earnest Money’; III. Documentary evidence established in accordance with CLAUSE 14 that the Bidder is eligible to Bid and is qualified to perform the contract if his/her bid is accepted; IV. Documentary evidence established in accordance with CLAUSE 15.01 that the services to be provided by the Bidder will be satisfactory and conform to the Bidding Documents; 10 G:\FinalTenderCatering2013.doc FAIR V. Written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with CLAUSE 18.02; VI. Undertaking that the Bid shall remain valid for the period specified in CLAUSE 17.01; VII. An affidavit affirming that information he/she has furnished in the Bidding Document is correct to the best of his/her knowledge and belief. VIII. Such other information as may be specified in the Bidding Data Sheet SECTION - III Part II: This shall be named Financial Bid and shall consist of: (i) Price Bid of items specified in Schedule of Requirements and Specifications in SECTION V; (ii) Bid Submission Form and Price Schedule in SECTION VI; 09.02 Each part shall be separately sealed and marked in accordance with Sealing and Marking Instructions in CLAUSE 19. 09.03 The following documents, not submitted with the Bid, will be deemed to be part of the Bid. SECTION Particulars SECTION I Invitation for Bids SECTION II Instructions to Bidders SECTION III Bidding Data Sheet SECTION IV Qualification Criteria SECTION V Schedule of Requirement and specifications SECTION VI Conditions of Contract SECTION VII Contract Form 10. Bid Submission Form 10.01 The Bidder shall complete and submit the Bid Submission Form and Price Schedule by using the form furnished in SECTION VI. These forms must be completed without any alterations to its format, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested. 11. Alternative Bids 11.01 Alternative bids shall not be considered. 11 G:\FinalTenderCatering2013.doc FAIR 12. Bid Prices 12.01 Prices quoted by the bidder shall remain fixed during the bidder’s performance of contract and not to be subject to variation on any account. A bid submitted with and adjustable price will be treated as non-responsive and rejected. 12.02 Prices indicated on the Price Schedule shall be entered separately taking into account Vat, (Where applicable) and any other charges and the Total Price. 12.03 Bid Prices will not be adjusted for any unconditional or conditional discount offered by the Bidder. 13. Bid Currency 13.01 Prices shall be quoted in Indian Rupees only. 14. Documents Establishing Bidder's Eligibility and Qualifications 14.01 The Bidder shall complete the Bid Submission Form, included in SECTION VI. 14.02 The Bidder shall provide documentary evidence of his/her eligibility and qualifications to perform the contract (to the Council’s satisfaction) if his/her Bid is accepted, as per the Qualification Criteria specified in SECTION IV. 15. Documents Establishing Service’s Eligibility and Conformity to Bidding Documents 15.01 To establish conformity of the services to the Bidding Documents, the Bidder shall furnish as part of his/her Bid documentary evidence that the services conform to standards specified in SECTION V, Schedule of Requirements & Specification. 12 G:\FinalTenderCatering2013.doc FAIR 16. Earnest Money 16.01 Pursuant to CLAUSE 10, the bidder shall furnish, as part of his/her bid, Earnest Money in the amount specified in the Bidding Data Sheet. 16.02 The Earnest Money is required to protect the Council against the risk of bidder's conduct, which would warrant forfeiture of Earnest Money, Pursuant to CLAUSE 16.07. 16.03 The Earnest Money shall be in one of the following forms: (a) Demand Draft in favour of the Secretary, NCERT, payable at New Delhi; (b) Bank Guarantee in the prescribed proforma given in SECTION IX (a) issued by any Scheduled Bank valid for a period of 60 days beyond the Bid Validity Period. (c) Deposit Receipt of any Scheduled Bank drawn in favour of the Secretary, NCERT, and payable at New Delhi valid for a period of 60 days beyond the Bid Validity Period. 16.04 Any bid from a Bidder not secured in accordance with CLAUSEs 16.01 and 16.03 above will be summarily rejected by the Council as non-responsive, pursuant to CLAUSE 24. 16.05 The Earnest Money of unsuccessful bidders will be discharged/returned as promptly as possible after the expiration of the period of Bid Validity prescribed by the Council, pursuant to CLAUSE 17 but not later than 60 days of the award of contract to the successful Bidder. 16.06 The successful Bidder's Earnest Money will be discharged upon the Bidder signing the contract, pursuant to CLAUSE 30, and furnishing the Performance Security, pursuant to CLAUSE 31. 16.07 Earnest Money shall be forfeited: (a) if a Bidder withdraws his/her Bid or does not accept the correction of errors pursuant to CLAUSE 25.02 during the period of Bid validity specified by the Bidder on the Bid form; or (b) in case of the successful Bidder, if the Bidder fails: (i) to sign the contract in accordance with CLAUSE 30; or (ii) to furnish Performance Security in accordance with CLAUSE 31. 16.8 No interest on Earnest Money furnished by way of Demand Draft is payable. 13 G:\FinalTenderCatering2013.doc FAIR 17. Period of Validity of Bids 17.01 Bids shall remain valid for 60 days as specified in the Bidding Data Sheet after the date of bid opening prescribed by the Council, pursuant to CLAUSE 22. Any Bid valid for a shorter period than the period specified shall be rejected by the Council as non-responsive. 17.02 In exceptional circumstances, the Council may solicit the Bidder's consent to an extension of the period of Bid validity. The request and the responses thereto shall be made in writing or by fax. The Earnest Money provided under CLAUSE 16 shall also be suitably extended in such case. A Bidder may refuse the request without forfeiting its Earnest Money. A Bidder accepting the request for extension of bid validity will not be required nor permitted to modify his/her Bid. 18. Format and Signing of Bid 18.01 The Bidder shall submit one copy of the Bid. 18.02 The bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the contract. 18.03 The Bid shall not contain any interlineations, erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the persons or persons signing the Bid. D. SUBMISSION OF BIDS 19. Sealing and Marking of Bids 19.01 The Bidder shall place the two separate envelopes (called inner envelopes) marked “Technical Bid” and “Financial Bid” in one outer envelope. The inner envelopes will have markings as follows: Technical Bid: To be opened on the date mentioned in tender notice. Financial Bid: Not to be opened except with the approval of the Council. The contents of the Technical and Financial Bids shall be as specified in CLAUSE 9. 14 G:\FinalTenderCatering2013.doc FAIR 19.02 The inner and outer envelopes containing the Technical and Financial Bids shall be: (a) addressed to the Council at the address specified in Bidding Data Sheet (b) Financial Bid’s envelope shall have the marking, “Do not open till finalization of evaluation of Technical Bid”. 19.03 The inner envelopes shall indicate the name and address of the Bidder to enable the bid to be returned unopened in case it is declared "late". 19.04 If the outer envelope is not sealed and marked as required by CLAUSE 19.02, the Council will assume no responsibility for the Bid's misplacement or premature opening. 20. Deadline for Submission of Bids 20.01 Bids must be received by the Council at the address specified under SECTION–I (04) no later than the time and date specified in the Bid Data Sheet. In the event of the specified date for the submission of Bids being declared a holiday for the Council, the Bids will be received up to the appointed time on the next working day. 20.02 The Council may, at its discretion, extend this deadline for submission of Bids by amending the Bid Documents in accordance with CLAUSE 07, in which case all rights and obligations of the Council and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended. 20.03 It shall be the responsibility of the Bidders to ensure that the completed Bidding Document is dropped in the sealed tender box available with the Section Officer, C&W SECTION, NCERT, if the Bid is to be delivered by hand. Out station Bidders may however, send their Bids by registered post or by speed post to the Section Officer/Under Secretary, C&W SECTION, NCERT, Sri Aurobindo Marg, New Delhi 110016 by the time and date stipulated for receipt of Bids. Any delay, even postal delay in the receipt of Bids would be considered late submission of Bid and the Bid would be rejected. Mere handing over of the Bidding Documents at the Reception Counter or at any other counter or room or person shall not be considered as submission of Bid. 21. Late Bids 21.01 Any Bid received by the Council after the deadline for submission of Bids prescribed by the Council, pursuant to CLAUSE 20, will be rejected and/or returned unopened to the Bidder. 15 G:\FinalTenderCatering2013.doc FAIR E. OPENING AND EVALUATION OF BIDS 22. Opening of Bids by the Council 22.01 The Council will open the Bids received (except those received late) in the presence of the Bidders/bidders’ representatives who choose to attend at the time, date and place specified in the Bidding Data Sheet. In the event of the specified date for the submission of Bids being declared a holiday for the Council, the Bids will be opened at the appointed time and location on the next working day. 22.02 The envelope containing the Technical Bid shall be opened. The inner envelope marked “Cost of Bidding Document downloaded from the Internet” will be opened first, and if the Demand Draft for the cost of the Bidding Documents is not there, or incomplete, the remaining Bid Documents will not be opened, and Bid will be rejected. 22.03 In all cases, the amount of Earnest Money and validity shall be announced. Thereafter, the Bidders’ names and such other details as the Council may consider appropriate, will be announced by the Council. 22.04 The Council will prepare minutes of the Bid Opening, including the information disclosed to those present in the meeting in accordance with CLAUSE 22.1. 22.05 The evaluation of Technical Bids will be commenced within three or four days after the opening of the Technical Bids. Evaluation will be made with respect to Earnest Money, Qualification Criteria and other information furnished in Part I of the Bid in pursuant to CLAUSE 9.01. On the basis of such evaluation a list of the responsive Bids will be drawn up. The Financial Bids of only those Bidders who qualify in the evaluation of the Technical Bids will be considered. 22.06 The Council shall inform the Bidders, whose Technical Bids are found responsive, of the date, time and place of opening of the Financial Bids. The Bidders so informed, or their representative(s), may attend the meeting of opening of Financial Bids. 22.07 At the time of the opening of the ‘Financial Bid’, the names of the Bidders whose Bids were found responsive in accordance with CLAUSE 24.03 will be announced. The Financial Bids of only these Bidders will be opened. The remaining Bids will be returned unopened to the Bidders. The responsive Bidders’ names, the Bid prices, the total amount of each Bid, and such other details as the Council may consider appropriate will be announced by the Council at the time of Financial Bid opening. Any Bid Price, which is not read out and recorded, will not be taken into account in Bid Evaluation. 22.08 The Council shall prepare the minutes of the opening of the Financial Bids. 16 G:\FinalTenderCatering2013.doc FAIR 23. Clarification of Bids and Contacting the Council 23.01 To assist in the examination, evaluation and comparison of Bids, the Council may, at its discretion, ask the Bidder for a clarification of his/her Bid. The request for clarification and the response shall be in writing. No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetical errors discovered by the Council in the Evaluation of the Bids, in accordance with CLAUSE 25. 23.02 No Bidder shall contact the Council on any matter relating to his/her Bid from the time of the Bid opening to the time the contract is awarded. Any attempt by the Bidder to influence the Council’s Bid Evaluation, Bid Comparison or Contract Award decision may result in the rejection of his Bid. 24. Responsiveness of Bids 24.01 During the detailed evaluation of “Technical Bids”, the Council shall determine whether each Bid (a) meets the eligibility criteria defined in CLAUSE 03 (b) has been properly signed; (c) is accompanied by the required Earnest Money and (d) is substantially responsive to the requirements of the Bidding Documents. During the detailed evaluation of the “Financial Bids”, the responsiveness of the Bids will be further determined with respect to the remaining Bid conditions, i.e., Schedule of Requirement and Specifications, SECTION V. 24.02 A substantially responsive “Financial Bid” is one, which conforms to all the terms, conditions, and specifications of the Bidding Documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality or performance of the services (b) which limits in any substantial way, inconsistent with the Bidding Documents, the Council’s rights or the Bidder’s obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting substantially responsive Bids. 24.03 If a “Financial Bid” is not substantially responsive, it will be rejected by the Council, and may not subsequently be made responsive by correction or withdrawal of the non-conforming deviation or reservation. 24.04 Provided that a Bid is substantially responsive, the Council may waive any non-conformities or omissions in the Bid that do not constitute a material deviation. 24.05 Provided that a Bid is substantially responsive, the Council may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Bid related to documentation requirements. Such omission shall not be related to any aspect of the price of the Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid. 24.06 The Council’s determination as to the substantial responsiveness or otherwise of each Bid or consideration of a minor informality or nonconformity or irregularity is final and conclusive. 17 G:\FinalTenderCatering2013.doc FAIR 25. Non Conformities, Errors and omissions 25.01 Bids determined to be substantially responsive will be checked by the Council for any arithmetic errors. Errors will be corrected by the Council as follows: (a) where there is a discrepancy between the rates in figures and in words, the rate in words will govern; and (b) where there is a discrepancy between the unit rate and the total cost resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern. 25.02 The amount stated in the Bid will be corrected by the Council in accordance with the above procedure for removal of errors and shall be considered as binding upon the Bidder. If the Bidder does not accept the corrected amount, the Bid will be rejected, and the Earnest Money shall be forfeited in accordance with Sub-CLAUSE 16.07(a). F. AWARD OF CONTRACT 26. Award Criteria 26.01 Subject to CLAUSE 30, the Council will award the contract to the successful Bidder whose Bid has been determined to be substantially responsive and has been determined as the lowest evaluated Bid. 27. Council’s Right to Vary Quantities 27.01 At the time of award of contract the Council reserves the right to increase or decrease the services by up to 25 (twenty five) percent originally specified in the Schedule of Requirements and Specification SECTION V in respect of the additional quantity. 28. Council’s right to accept any Bid and to reject any or all Bids 28.01 The Council reserves the right to accept or reject any Bid, and to annul the bidding process and reject all Bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Council’s action. 18 G:\FinalTenderCatering2013.doc FAIR 29. Notification of Award 29.01 Prior to the expiration of the period of Bid Validity, the Council will notify the successful Bidder in writing by registered letter AD or fax (fax to be confirmed in writing by registered letter A.D.), that his/her Bid has been accepted. 29.02 The notification of award will constitute the formation of the contract. 29.03 Upon the successful Bidder's furnishing of Performance Security pursuant to CLAUSE 31, the Council will promptly notify each unsuccessful Bidder and will discharge his/her Earnest Money, pursuant to CLAUSE 16. 30. Signing of contract 30.01 At the same time as the Council notifies the successful Bidder that his/her Bid has been accepted, the Council will send the Bidder the contract form provided in SECTION VIII of the Bidding Documents, incorporating all agreements between the parties. 30.02 Within seven (7) days of receipt of the contract form, the successful Bidder shall sign and date the contract and return it to the Council. 31. Performance Security 31.01 Within 7 (seven) days of the receipt of notification of award from the Council, the successful Bidder shall furnish the (Performance Security) in accordance with CLAUSE 5 (SECTION VII) of the Conditions of Contract, as per the form for Bank Guarantee Performance Security provided in SECTION IX (b). 31.02 Failure of the successful Bidder to comply with the requirement of CLAUSE 30 or CLAUSE 31 shall constitute sufficient grounds for annulment of the award and forfeiture of the Earnest Money, in which event the Council may make the award to the next lowest Evaluated Bidder or call for new Bids. 32. Corrupt or Fraudulent Practices 32.01 The Council requires the Bidders to strictly observe the laws against fraud and corruption in force in India, namely, Prevention of Corruption Act, 1988. 19 G:\FinalTenderCatering2013.doc FAIR SECTION III BIDDING DATA SHEET (BDS) The following specific data for the services to be provided shall complement, supplement, or amend the provisions in SECTION II, entitled Instructions to Bidders. Whenever there is a conflict, the provisions herein shall prevail over those in the Instruction to Bidders. CLAUSE No. Items 09 The Council’s address is: SECTION-I Deputy Secretary (C&W), Room No.03, First Floor, Zakir Hussain Block, NCERT, Sri Aurobindo Marg, NEW DELHI 110 016 Telephone: 011-26521588 Pre-bid meeting: Date: 25.04.2013 Time: 3:00 p.m. Venue: Chamber of Deputy Secretary (C&W), Room No.3, 1 st floor, Zakir Hussain Block, NCERT, New Delhi-110016. 16.01 SECTION-II 17.01 The amount of Earnest Money: Sl No Description Amount of EMD in Rs. Demand Draft Rs.10,000/- The Bid validity period shall be 60 days after the date of Bid open 19.01 The date and time of opening the Technical bids: Date: 15.05.2013 Time: 11:00 a.m. 20.01 Deadline for submission of Bid: Date: 03.05.2013 Time: 5:00 p.m. 22.01 The bid opening shall take place at: Room No.3, 1 st floor, Zakir Hussain Block, NCERT, Sri Aurobindo Marg, New Delhi - 110 016. 20 G:\FinalTenderCatering2013.doc FAIR SECTION IV (Technical Bids) QUALIFICATION CRITERIA (Referred to in CLAUSE 9.01 and 14.02 of ITB) 1. All the firms seeking appointment as Caterers should meet the following qualifying criteria and submit their applications along with relevant documents as detailed below: i. A bona fide caterer having at least 5 years of experience in running hotels, hostel mess/guest house/canteen of any Govt. Organization/autonomous bodies supported by any of the following document: a) Shop and Establishment Certificate showing the date of initial registration. b) Income Tax/Sales Tax Assessment orders establishing five-year’s existence of the firm. c) Any other documentary evidence issued by the Central connection, kitchen Government/State Government/Local Bodies. ii. Evidence of minimum infrastructure like LPG equipments, utensils, furniture, manpower etc. iii. Copies of annual accounts, namely, Trading Amount profit and loss account and the balance sheet of the last two years duly authenticated by chartered accountant. iv. Latest copy of the Income Tax return/PAN card be attached. v. Bank’s Certificate on the financial soundness of the firm and the credit limit if any allowed. vi. An affidavit on a non-judicial stamp paper of Rs.10/- stating that no criminal case is pending against the firm. vii. Municipal/State Certificate as bonafide caterer, restaurant, hotel, etc., as per applicable law. 21 G:\FinalTenderCatering2013.doc FAIR SECTION V SCHEDULE OF REQUIREMENTS AND SPECIFICATIONS The Mess Contractor/Caterer should ensure use of good quality/egg marked/ISI marked quality of Cooking Oil, Food Commodities, Milk & Milk products, Spices, Cereals, Pulses etc. for the preparation of meals/menus. Menus showing details of items quantity-wise as well as minimum rate to be quoted by the caterer in the Tender Document of NIE Guest House. Sr. No. Particulars of the meal/menus etc. Minimum Rate to be quoted in the Tender Document 1. Bed Tea (One Cup) (150 ml) 2. Menu for Breakfast:Common Items: (i) Tea/Coffee 150 ml. (ii) Milk with Cornflakes 100 gms. (iii) Banana one Variable Items (i) 4 Bread toast with milk Butter/ Jam 20 gms/Vegetable sandwich/ 02 bread + with 02 boiled eggs/ OR Parantha with Curd (150gms.) OR Idli/Wada/Dosa/Upma/Utpam Sambhar, Coconut Chutney OR Choley Bhatura/Alu Puri/Chana Puri/Poha Dahi Pickle, Sliced Onion, & Tomato ketchup OR Vegetable cutlets with sauce – 2 Pcs. (100 grm. each) Bread Slices - 2 Pcs. 3. Menu 1. 2. 3. 4. 5. 6. 7. 8. for Veg. Lunch/Veg. Dinner Dal/Rajma/Kadhi/Channa etc. (Donga Service) 1 Seasonal Vegetable (Donga Service) Curd/Raita/Kheer etc. -150 grams. Salad Chapati/Puri Boiled Rice/Pulao Rice – (Donga Service) Pappad Pickle/Chutney 22 G:\FinalTenderCatering2013.doc FAIR 4. Menu for Non-Veg. Lunch/Non-Veg. Dinner (to be served only subject to advance order at the time of break-fast by the guest to the caterer) Common Items: 1. Dal/Rajma/Kadhi/Channa etc. (Donga Service) 2. 1 Seasonal Vegetable (Donga Service) 3. Curd/Raita/Kheer etc. -150 grams. 4. Salad 5. Chapati/Puri 6. Boiled Rice/Pulao Rice – (Donga Service) 7. Pappad 8. Pickle/Chutney Variable Items ( fixed portion on extra payment basis) 1. Egg Curry (Two Eggs) 2. Chicken Curry/Mutton Curry/Fish Curry (4 pcs. with gravy) 5. Evening Tea 6. Evening Coffee 7. Menu for Official Lunches/Parties (Vegetarian) 1. One dish of Paneer/Mushroom. (Donga Service) (viz. Matar Paneer/Palak Paneer Shahi Paneer/Malai Kofta Curry/Kadahi Paneer/Mushroom Curry/Mushroom Matar etc. 2. Seasonal Vegetable. (Donga Service) (viz. Gobhi Matar/Bhindi Masala/Arbie Masala/Mixed Vegetable etc.) 3. Dal Makhni/Kabuli/Rajma/Dal Fry etc. (Donga Service) 4. Dahi Bhalla with Sonth/Boondi Raita/Vegetable Raita/Plain Curd etc. (Donga Service) 5. Salad 6. Boiled Rice/Pulao Rice. (Donga Service) 7. Pickle 8. Pappad 9. Chapati/Puri/Tandoor Roti/Naan/Rumali Roti etc. 10. Sweet Dish/Fruit (Viz. Ice Cream/Fruit Cream/Ras Malai/Gulab Jamun/Rasgulla/Gajar Halwa/Seasonal Fruits etc.) 8. Menu for Official Lunches/Parties (Non-Vegetarian) 1. One Non-veg dish (viz. Tandoori Chicken/Chicken Curry/Mutton Curry/Fish Curry/Egg Curry etc.) (Donga Service) 2. One dish of Paneer/Mushroom. (viz. Matar Paneer/Palak Paneer Shahi Paneer/Malai Kofta Curry/Kadahi Paneer/Mushroom Curry/Mushroom Matar etc. (Donga Service) 3. Seasonal Vegetable. (Donga Service) (viz. Gobhi Matar/Bhindi Masala/Arbie Masala/Mixed Vegetable etc.) 4. Dal Makhni/Kabuli/Rajma/Dal Fry etc. (Donga Service) 5. Dahi Bhalla with Sonth/Boondi Raita/Vegetable Raita/Plain Curd etc. (Donga Service) 6. Salad 7. Boiled Rice/Pulao Rice. (Donga Service) 8. Pickle 9. Pappad 10. Chapati/Puri/Tandoor Roti/Naan/Rumali Roti etc. 11. Sweet Dish/Fruit (Viz. Ice Cream/Fruit Cream/Ras Malai/Gulab Jamun/Rasgulla/Gajar Halwa/Seasonal Fruits etc.) 23 G:\FinalTenderCatering2013.doc FAIR 9. Director’s Special Menu 1. Choice of Soups/Fruits Juices/Cold Drinks 2. Tandoori Chicken/Seekh Kabab/Boti Kabab/Shammi Kabab etc. (Donga Service) 3. Chicken Curry/Mutton Curry/Fish Curry etc. (Donga Service) 4. One dish of Paneer/Mushroom. (viz. Matar Paneer/Palak Paneer Shahi Paneer/Malai Kofta Curry/Kadahi Paneer/Mushroom Curry/Mushroom Matar etc. (Donga Service) 5. Seasonal Vegetable. (viz. Gobhi Matar/Bhindi Masala/Arbie Masala/Mixed Vegetable etc.) (Donga Service) 6. Dal Makhni/Kabuli/Rajma/Dal Fry etc. (Donga Service) 7. Dahie Bhalla with Sonth/Boondi Raita/Vegetable Raita/Plain Curd etc. (Donga Service) 8. Assorted Salad (viz. Vegetable Salad, Cabbage Salad in Vinaigrette Dressing/Russian Salad/Macaroni) 9. Boiled Rice/Pulao Rice. (Donga Service) 10. Pickle 11. Pappad 12. Chapati/Puri/Tandoor Roti/Naan/Rumali Roti etc. 13. Sweet Dish/Fruit ( Viz. Ice Cream/Fruit Cream/Ras Malai/Gulab Jamun/Rasgulla/Gajar Halwa/Seasonal Fruits etc.) 14. Coffee/Tea 10. Packed Lunch 1. Cold Drinks/Soup/Frooti 2. Cheese Sandwich/ Vegetable Sandwich with Tomato ketchup/veg paratha. 3. Vegetable Cutlet/Veg. Patty/Cheese Patty with Tomato Ketchup. 4. Pomme Frittes (French Fried Potatoes) 5. Seasonal Fruit (viz.Orange, Banana, Apple etc. 6. Sweets (Dry Sweets viz. Gulab Jamun, Sonapapdi, Kaju Barfi/Pista Barfi etc.) Tea/Coffee on order of guest - This skelton service may be opened 06 AM to 12 Mid Night. During odd hours 8 -12 PM on 20% additional service Equipments Cooking Utensils: Serving Dishes, Crockery and Cutlery: Raw Materials Milk: The caterer shall use milk supplied by Delhi Milk Scheme/Mother Dairy. Vegetables: The caterer shall procure fresh seasonal vegetables on daily basis. Oil: The caterer shall use the cooking oil of branded firm viz, Sundrop, Fortune, Nature Fresh etc. Grocery: Good quality. Non-Vegetarian items: Good quality. Cooking Medium: Good quality. Water: Good quality. 24 G:\FinalTenderCatering2013.doc FAIR Personnel The Caterer shall make arrangements to provide cooks and waiters for cooking and serving. There should be a minimum of 2 cooks, 4 waiters, 2 cleaners. The caterer shall provide to NCERT a list of persons deployed for the purpose of cooking, serving and cleaning. The names and addresses of personnel so deployed by the caterer will be displayed on the notice board of the Guest House. No child labour will be employed by the Caterer. Cleanliness The Caterer shall be responsible for the cleanliness of the kitchen and the dining hall. He/She shall keep the premises clean and neat at all times according to the health and hygiene conditions prescribed by the Delhi Municipal Corporation. The caterer shall also provide soaps, towels, in the bathroom attached to the dining hall. Timings 1. Breakfast 2. Lunch 3. Dinner : : : 8.00 1.00 7.30 7.00 am pm pm pm to to to to 9.00 2.00 9.00 9.30 am pm pm (November to March) pm (April to October) Electricity & Water Charges : Actual Consumption as per monthly consolidated basis meter reading or on 25 G:\FinalTenderCatering2013.doc FAIR (FINANCIAL BID) (TO BE SUBMITTED IN A SEPARATE SEALED ENVELOPE) SECTION VI BID SUBMISSION FORM AND PRICE SCHEDULE (Referred to in CLAUSE 14.02) Dated: ____________2013 To The Deputy Secretary, C&W SECTION, NCERT, Zakir Hussain Block, Sri Aurobindo Marg, New Delhi-110016 Sir/Madam, Having examined the Bidding Documents including Addenda Nos. __________, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply: Menu Sl.No. Rate A Menu for breakfast – six options given in Schedule of Requirements and Specifications B Menu for lunch/dinner (Vegetarian) C Menu for lunch/dinner (Non-Vegetarian) D Menu for Tea/Coffee, Cold Drinks & Bisleri, etc. E Menu for Official Lunches/Parties (Vegetarian) F Menu for Official Lunches/Parties (Non-Vegetarian) G Director’s Special Menu H Packed Lunch TOTAL We undertake, if our bid is accepted, to provide Catering Services accordance as specified in the Schedule of Requirements and Specifications. in 26 G:\FinalTenderCatering2013.doc FAIR If our bid is accepted, we will obtain the guarantee of bank for Rs.1,00,000/(Rupees One Lakh only) for the due performance of the Contract, in the form prescribed by the Council. We agree to abide by this Bid validity period of 60 days from the date of opening of Technical Bid. It shall remain binding upon us and may be accepted at any time before the expiration of that period. We agree that the following documents are deemed to be the part of the Bid. SECTION SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII Particulars Invitation of Bids Instructions to Bidders Bidding Data Sheet Qualification Criteria Schedule of Requirements and specifications Conditions of Contract Contract Form Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us. We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”. We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in bribery. We understand that you are not bound to accept the lowest or any bid you may receive. We attach here with an affidavit confirming that the information furnished in the Bid is correct to the best of our knowledge and belief. We clarify/confirm that we comply with the eligibility requirements as per CLAUSE 3 SECTION II of the bidding documents. Dated this ____________day of _______________2013 (Signature) Duly authorized to sign Bid for and on behalf of ____________________________________________ 27 G:\FinalTenderCatering2013.doc FAIR SECTION VII CONDITIONS OF CONTRACT INDEX 1. Definitions 2. Contract Documents 3. Entire Agreement 4. Specification and Standards 5. Performance Security 6. Inspections and Tests 7. Incidental Services 8. Prices 9. Contract Amendment 10. Assignment 11. Delays in Caterer’s Performance 12. Liquidated Damages 13. Termination for Default 14. Force Majeure Clause 15. Termination of Insolvency 16. PARTIAL Termination 17. Resolution of Disputes 18. Governing Language 19. Notices 20. Taxes and Duties 21. Additional Order 28 G:\FinalTenderCatering2013.doc FAIR SECTION VII CONDITIONS OF CONTRACT 01. Definitions 01.01 In this contract, the following terms shall be interpreted as indicated: (a) "The contract" means the agreement entered into between the Council and the Caterer, as recorded in the Contract Form signed by the parties, including all the attachments and appendices thereto and all documents incorporated by reference therein. (b) “Caterer” means the person/firm, whose Bid to perform the Contract has been accepted by the Council and is named as such in the Contract Agreement. (c) “Contract Documents” means the documents listed in the Contract Agreement, including any amendments thereto. (d) “Contract Price” means the price payable to the Caterer as specified in the Contract Agreement, subject to such additions and adjustments thereto or deductions there from, as may be made pursuant to the Contract. (e) Council means “The Council” means the National Council of Educational Research and Training, New Delhi and includes its successor and assignees, (f) “COC” means the Conditions of Contract. (g) “Day” means calendar day. (h) “Goods and Services” mean all of the commodities and/or other materials and the services that the Caterer is required to supply to the Council under the Contract. (i) "Related Services" and “Services” means services ancillary to provide eatable items, such as transportation, and any other incidental services and other obligations of the Caterer covered under the contract; 02 Contract Documents 02.01 Subject to the order of precedence set forth below, all documents forming the Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory. The Contract Agreement shall be read as a whole. 1. Contract Agreement 2. Condition of Work 3. Schedule of Requirements and Specifications 4. Bid S ubmission Form and Price Schedule 5. Instruction to Bidders with BDS 6. Invitation for bids 7. Bank Guarantee form for Performance Security 29 G:\FinalTenderCatering2013.doc FAIR 03 Entire Agreement 03.01 The Contract constitutes the entire agreement between the Council and the Caterer and supercedes all communications, negotiations and agreements (whether written or oral) of the parties with respect thereto made prior to the date of Contract. 03.02 No amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto. 04. Specification and Standards 04.01 The items served under this contract shall conform to the standards mentioned in the Specifications and standards mentioned in the Schedule of Requirements and Specifications. 05. Performance Security 05.01 Within 7 (seven) days after the Council’s issue of the notification of award, the Caterer shall furnish Performance Security to the Council for an amount of Rs.1,00,000/-, valid for a period of 18 months from the date of award of contract. 05.02 The proceeds of the Performance Security shall be payable to the Council as compensation for any loss resulting from the Caterer’s failure to complete his/her obligations under the contract. 05.03 The Performance Security shall be denominated in Indian Rupees and shall be in the form of a Bank Guarantee in the prescribed proforma given in SECTION IX- (b) issued by any of the Scheduled Bank. 06. Inspections and Tests 06,01 Inspection will be conducted by the Council as per the specification in SECTION V - Schedule of Requirement & Specification. 06.02 The inspections may be conducted in the guesthouse/NCERT. 06.03 Nothing in CLAUSE 08 shall in any way release the Caterer from any warranty or other obligations under this contract. 07. No Additional costs will be borne by the Council towards any incidental charge. 08. Prices 08.01 Prices charged by the Caterer for eatables served under the contract shall not vary from the prices notified in the award of contract. 09. Contract Amendments 09.01 No variation in or modification of the terms of the contract shall be made except by written amendment signed by the parties. 30 G:\FinalTenderCatering2013.doc FAIR 10. Assignment 10.1 Neither the Council nor the Caterer shall assign, in whole or in part, its obligations to perform under the contract, except with the prior written consent of the other party. 11. Delays in the Caterer’s Performance 11.01 Performance of the Services shall be made by the Caterer in accordance with the time schedule specified by the Council in the Bid submission Form and Price Schedule, SECTION VI. 11.02 Any unexcused delay by the Caterer in the performance of its obligations shall render the Caterer liable to any or all of the following sanctions: forfeiture of its Performance Security, imposition of Liquidated Damages and/or Termination of the Contract for defaults 12. Liquidated Damages 12.01 For delays Time of delivery shall be essence of the contract. If the Caterer fails to provide at the time(s) specified in the contract, the Council shall, without prejudice to its other remedies under the contract, deduct liquidated damages from the Contract Price not by way of penalty. This is an agreed, genuine pre- estimate of damages duly agreed by the parties. Recovery from the Caterer as agreed liquidated damages will be calculated @ Rs.2/items worth Rs.1000/- and such recovery of liquidated damages may be up to 5% (Five per cent) of the Contract Price of whole unit of goods, which the Caterer has failed to deliver within the period fixed for delivery,” as stated in the schedule of Requirement and Specifications, where delivery thereof is accepted after expiry of the aforesaid period. 13. Termination for Default 13.01 The Council may without prejudice to any other remedy for breach of contract, by written notice of default sent to the Caterer, terminate the contract in whole or part: (a) (b) (c) if the Caterer fails to serve the items within the time period(s) specified in the Contract. if the Caterer fails to perform any other obligation(s) under the contract. if the Caterer, in the judgment of the Council, has engaged in fraud and corruption, in competing for or in executing the Contract. 13.02 In the event the Council terminates the contract in whole or in part, pursuant to CLAUSE 19.01, the Council may procure upon such terms and in such manner, as it deems appropriate, Services similar to those unserved, and the Caterer shall be liable to the Council for any excess costs for such similar Services. However, the Caterer shall continue the performance of the contract to the extent not terminated. 31 G:\FinalTenderCatering2013.doc FAIR 14. Force Majeure 14.01 Notwithstanding the provisions of CLAUSEs 17 and 18, the Caterer shall not be liable for forfeiture of its Performance Security, Liquidated Damages or Termination for Default, if and to the extent that, its delay in performance or other failure to perform its obligations under the contract is the result of an event of Force Majeure. 14.02 For purposes of this CLAUSE, "Force Majeure" means an event beyond the control of the Caterer and not involving the Caterer’s fault or negligence and not foreseeable. Such events may include, but are not restricted to, on the decision of the Council sovereign or contractual capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. 14.03 If a Force Majeure situation arises, the Caterer shall promptly notify the Council in writing of such conditions and the cause thereof. Unless otherwise directed by the Council in writing, the Caterer shall continue to perform his/her obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 15. Termination for Insolvency 15.01 The Council may at any time terminate the contract by giving written notice to the Caterer, if the Caterer becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Caterer, provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the Council. 16. PARTIAL Termination 16.01 The Council may, in its discretion, without assigning any reason, terminate the contract, in whole or a part thereof, at any time by giving a notice of one month to the Contractor and may allot the said part to someone else. 17. Resolution of Disputes 17.01 The Council and the Caterer shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the contract. 17.02 If, after thirty (30) days from the commencement of such informal negotiations, the Council and the Caterer have been unable to resolve amicably a contract dispute, either party may require that the dispute be referred for resolution to the formal mechanism. 32 G:\FinalTenderCatering2013.doc FAIR 17.03 The dispute resolution mechanism to be applied pursuant to CLAUSE 23.02 shall be as follows: (a) A dispute or difference arising between the Council and Caterer relating to any matter arising out of or connected with the contract, such dispute or difference shall be referred to the International Centre for Alternate Dispute Resolution by the Director, NCERT. The award of the Arbitrator shall be final and binding on the parties to the contract subject to the proviso that the Arbitrator shall give reasoned award. (b) The Indian Conciliation and Arbitration Act, 1996, the rules there under and any statutory modifications or re-enactments thereof, shall apply to the arbitration proceedings. (c) If the parties fail to resolve the dispute then the dispute shall be referred to the Director, NCERT, for Arbitration. The Director may arbitrate himself/herself or in his/her discretion, may appoint any other person as an arbitrator to adjudicate upon the dispute. The decision of the arbitrator shall be final and binding on the parties. 17.04 The venue of arbitration shall be the place from where the contract is issued. 18. Governing Language 18.1 The contract shall be written in the language of the bid, as specified by the Council in the Instructions to bidders. 19. Notices 19.01 Any notice given by one party to the other pursuant to this contract shall be sent to other party in writing or facsimile and confirmed in writing to the other Party’s address specified for the purpose in the notification of award/contract. The notice will be effective when delivered. In case the other party refuses to accept the notice, the notice shall be deemed to have become effective one week after the date of dispatch through registered post. 20. Taxes and Duties 20.01 The Suppliers shall be entirely responsible for all taxes, duties, license fees, octroi, road permits, etc., However, VAT in respect of the transaction between the caterer and the Council shall be payable extra, if so stipulated in the Notification of Award/Contract. 33 G:\FinalTenderCatering2013.doc FAIR SECTION VIII CONTRACT FORM THIS AGREEMENT made the ............ day of ...................... 2013 between NCERT (hereinafter called "the Council") of the one part and .................................. (Name of Caterer) of .................. (address) ................................................................................... (hereinafter called "the Caterer") of the other part. WHEREAS the Council is desirous that certain services viz. ..................................... (Brief Description of) and has accepted a bid by the Caterer for services in the sum of ............................. (Contract Price in Words and Figures) (hereinafter called "the Contract Price"). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz. : SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION I II III IV V VI VII Particulars Invitation of bids Instructions to Bidders Bidding Data Sheet Qualification Criteria Schedule of Requirement and specifications Conditions of Contract Contract form 3. The Caterer hereby covenants with the Council to provide the goods and services to the Council in all respects with the provisions of the Contract. 4. The Council hereby covenants to pay the Caterer in consideration of the goods and services received , the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. Brief particulars of the goods and services which shall be provided by the Caterer are as under: Sl. No. TOTAL Brief Description of Services VALUE: Quantity to be Supplied Rs_____________/- Unit Price Total Price Delivery Terms (Rupees_______________________ __________________________________________________) 34 G:\FinalTenderCatering2013.doc FAIR SECTION - IX (a) BANK GUARANTEE (For Earnest Money) Date : ............................…………… Bank Guarantee No.: ...................... Amount Rs.: ..............................….. The Secretary, National Council of Educational Research and Training, Sri Aurobindo Marg, New Delhi - 110016. Amount of guarantee: Rs................................. Guarantee cover from: ........................ LAST DATE FOR LODGEMENT OF CLAIM: .......................... This deed of guarantee executed ................................………………................................ by (hereinafter referred to as THE BANK) in favour of Secretary, National Council of Educational Research and Training (hereinafter referred to as Council) FOR AN AMOUNT NOT EXCEEDING Rs.................. (Rupees............................................……) at the request of M/s…............................................................................................……………………… ……………. (hereinafter referred to as the Caterer). This guarantee is issued subject to the condition that the liability of the Bank under the guarantee is limited to a maximum of Rs............………… (Rupees............…………….......................................................) and the Guarantee shall remain in force up to................. and cannot be invoked/served otherwise than by a written demand or claim under this guarantee served on the bank on or before ________ In consideration of Secretary, NCERT having agreed to the services from M/s___________________________________ ____________________________________________________________________ (hereinafter called the said Caterer undo the terms and conditions of an agreement made between both the parties (hereinafter called the said agreement) for the due fulfillment of the contract as per the terms and agreement on production of bank guarantee for Rs___________/- (Rupees_____________________________ ___________________________________only). 35 G:\FinalTenderCatering2013.doc FAIR 1. We ________________________________________ do hereby undertake to pay NCERT an amount not exceeding Rs_______________/- (Rupees _______ _________________________________________) against any loss or damage caused to or suffered by NCERT by reason of any breach of the terms and conditions contained in the said agreement. 2. We _______________________________________________ do hereby undertake to pay amount due and payable under this guarantee without any demur, namely on a demand from the council stating that the amount demanded is due by way of loss or damage caused to or would be caused to or suffered by NCERT by reason of the Caterer's failure to perform the said agreement by such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under the guarantee. However our liability under this guarantee shall be Rs________________/- restricted (Rupees to an amount not exceeding ______________________________ ______________________ only). 3. We _______________________________________________ further agree that the guarantee herein contained shall be in force and effect upto __________ unless a demand or claim under this guarantee is made on us in writing on or before_______________. We shall be discharged from all liability under this guarantee thereafter. 36 G:\FinalTenderCatering2013.doc FAIR SECTION IX-(b) BANK GUARANTEE (For Performance Security) Date : ______________________ Bank Guarantee No. : __________ Amount Rs.: _________________ The Secretary National Council of Educational Research and Training, Sri Aurobindo Marg, New Delhi - 110016. Amount of guarantee: Rs_________________/Guarantee cover from: _________________ LAST DATE FOR LODGEMENT OF CLAIM: _________________ This deed of guarantee executed by ____________________________ _____________________________ (hereinafter referred to as THE BANK) in favour of Secretary, National Council of Educational Research and Training (hereinafter referred to as Council) FOR AN AMOUNT NOT EXCEEDING (Rupees________________________________________) at Rs_____________/the M/s_________________________________________________________ request of (hereinafter referred to as the Caterer). This guarantee is issued subject to the condition that the liability of the Bank Rs_____________/- under the guarantee is limited to a maximum (Rupees_________________________________________) of and the Guarantee shall remain in force up to_____________ and cannot be invoked/served otherwise than by a written demand or claim under this guarantee served on the bank on or before ____________ In consideration of Secretary, NCERT having agreed the services from M/s_________________ __________________________________ (hereinafter called the said Caterer undo the terms and conditions of an agreement made between both the parties (hereinafter called the said agreement) for the due fulfillment of the contract as per the terms and agreement on production of bank guarantee for Rs_____________/- (Rupees________________________________________) 37 G:\FinalTenderCatering2013.doc FAIR 1. We ___________________________________ do hereby undertake to pay NCERT an amount not exceeding Rs_____________/- (Rupees________________________________________________________) against any loss or damage caused to or suffered by NCERT by reason of any breach of the terms and conditions contained in the said agreement. 2. We ______________________________________________ do hereby undertake to pay amount due and payable under this guarantee without any demur, namely on a demand from the council stating that the amount demanded is due by way of loss or damage caused to or would be caused to or suffered by NCERT by reason of the Caterer's failure to perform the said agreement by such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under the guarantee. However our liability under this guarantee shall be restricted to an amount not exceeding Rs_____________/- (Rupees_______________________________________) 3. We ____________________________________________further agree that the guarantee herein contained shall be in force and effect upto ___________ unless a demand or claim under this guarantee is made on us in writing on or before___________ We shall be discharged from all liability under this guarantee thereafter. 38 G:\FinalTenderCatering2013.doc FAIR SECTION X NOTIFICATION OF AWARD [Letter head of the Council] Date..................... To .............................................[Name and address of the Caterer] ............................................. ............................................. Dear Sir or Madam, This is to notify you that your Bid dated the ................…............for the supply of goods and services ..........………............. [give particulars of services as given in the Instruction to the Bidders] for the contract Price of Rupees................................. [in figures] (......................................….) [Amount in words], as corrected in accordance with the Instructions to Bidders in hereby accepted by NCERT 2. You are hereby requested to furnish Performance Security, in the form detailed in CLAUSE ............... of the Instruction to Bidders for an amount equivalent to Rs................ [in figures] (.............................……………..) [Amount in words] within ............ days of the receipt of this letter of acceptance valid upto .................... [insert the period], i.e. valid upto .......…... [insert the last date of validity] and sign the contract, failing which action as stated in CLAUSE ............... of Instructions to Bidders will be taken. Yours faithfully, Name and title of the Authorized Signatory Along with condition of contract 39