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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
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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.
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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)
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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.
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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)
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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
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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
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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.
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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.
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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;
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.)
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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.
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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
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(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
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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
____________________________________________
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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
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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
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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.
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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.
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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.
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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.
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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_______________________
__________________________________________________)
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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).
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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.
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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________________________________________)
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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.
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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