Professional Documents
Culture Documents
Regional Office
502, P-5, OCEAN PLAZA,
SECTOR – 18, NOIDA, U.P.
REGD. OFFICE
C-3, CONCOR BHAWAN,
OPP. APPOLO HOSPITAL,
MATHURA ROAD, NEW DELHI
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TABLE OF CONTENTS
This tender document consists of 38pages. The tenderers are requested to check that
the tender documents are complete while receiving the same. This tender document
is not transferable under any circumstances.
All folios of this document must be signed by the intending tenderer and embossed
with official seal at the time of submission
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CONTAINER CORPORATION OF INDIA LTD.
(A GOVT. OF INDIA UNDERTAKING)
Designation ………………
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INVITATION FOR BID (IFB)
2. Details of Bid :
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(SECTION – 1)
1. INSTRUCTIONS TO TENDERER
1.2 The Tenderer may submit their offer for the location as specified in the
Tender.
1.3 The Tender documents are required to be submitted intact in a sealed cover
without tampering with any of the folios thereof i.e., none of the folios of the
Tender Document including Annexures be detached and retained by the
intending Tenderer. All folios shall be submitted in the manner required
duly fulfilling all the conditions mentioned therein.
1.4 Each folio of the Tender Document shall be signed by the intending Tenderer
or such person on his behalf as is legally authorized to sign for and on his
behalf and embossed with the official seal at the time of submission.
1.5 Failure to submit the documents called for the purpose of satisfying the
qualifying criteria (clause no.2 of Section (1) of the Tender document) will
render the Tender liable for rejection in the Technical bid stage.
1.6 The tender documents along with the other documents called for should be
submitted inside a sealed cover super scribing “TENDER DOCUMENT FOR
OPERATION AND MAINTENANCE OF AC PLANT AND AMC OF WINDOW
AND SPLIT A/C INSTALLED AT ICD /DADRI, U.P.” and the cover addressed to
the Chief Manager, Container Corporation of India Ltd., Northern Central Region,
Inland Container Depot, DADRI, U.P. The Price bid comprising of annexure-ii
should be separately put in a sealed cover of which should be super scribed as
“PRICE BID”. This envelope may be placed inside the main envelope.
2. QUALIFICATION CRITERIA.
2.1 The Bidder should submit the following documents in support of their
Technical Qualifications. Financial bids of only Technically Qualified bidders
will be evaluated for further consideration.
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2.2 Copy of Documents showing Proof of Employment i.e. the tenderer shall
have PF & ESI registration nos.
2.4 The Audited Profit and Loss or Expenditure and Income Statement for the
past three financial years wherein the Annual Turnover of the company
should be at least Rs.14.10 (fourteen lacs ten thousands only) per Annum in
at least 2 of the three financial years and compulsorily including the last year.
2.5 Proof of undertaking AMC of AC Plant (Operation and maintenance)
Amounting of Rs. 5Lakh (Rupees five lakhs only) in a single contract.
2.6 Current and valid Local Works Contract Tax Certificate and IT registration
certificate and compulsory PAN No.
3 EARNEST MONEY
3.1 Earnest money/bid guarantee deposit for Rs.42000- (Rs. forty two thousands
only) should accompany each tender in the form of a crossed bank draft
drawn in favour of “Container Corporation of India Limited”, payable at
Noida from Scheduled Banks only.
3.3 The Earnest Money Deposit will be forfeited if the tenderer withdraws or
amends, impairs or derogates from the tender in any respect within the
period of validity of his offer.
3.4 The Earnest Money Deposit of the successful tenderer will be returned after
the security deposit is furnished.
3.5 If the successful tenderer fails to furnish the Security deposit timely, i.e.
within seven days of award of contract the Earnest Money Deposit shall be
liable to be forfeited by CONCOR.
3.6 The Earnest Money Deposit of all unsuccessful tenderers will be refunded
after decisions regarding award of contract is taken within three months.
3.7 Any tender not accompanied by Earnest Money Deposit will be summarily
rejected.
4 CORRECTION OF ERRORS :
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Tenders will be checked and corrected by CONCOR for any arithmetical
errors in computation and summation as follows:
4.1 Where there is a discrepancy between amounts in figures and in words, the
higher of the two will prevail.
4.2 Where there is a discrepancy between the unit price and the total amount
derived from the multiplication of the unit price and the quantity, the unit price
as quoted will prevail.
5. SUBMISSION OF OFFERS
5.1 The tender documents along with the other documents called for shall be
submitted inside a sealed cover super scribing “TENDER DOCUMENT
FOR OPERATION AND MAINTENANCE OF AC PLANT AND AMC
OF WINDOW AND SPLIT A/C INSTALLED AT ICD /DADRI, U.P.” and
the cover addressed to the Chief Manager, Container Corporation of India
Ltd., Northern Central Region, Inland Container Depot,Dadri, U.P. The Price
Bid comprising of Section IV should be separately put in a sealed cover,
which should be superscribed as “PRICE BID”. This envelope should be
placed inside the Main envelope.
5.1 The tender documents duly completed must reach the designated office of the
Chief Manager, Container Corporation of India Ltd., Inland Container Depot.,
Dadri, U.P. before 15:00 hours on 25/05/2006 and the same will be opened at
same place at 15:30 hours on 25/05/2006. The tenders received after
stipulated date & time will not be entertained. The tenderers or their
Authorized Representatives may be present at the time of opening of the
tenders, if they so desire.
5.4 All offers shall either be type written or written neatly with indelible ink and
should be signed by authorized representative of the firm on all pages.
5.5 All prices and other information having bearing on the price shall be written
both in figures and words in the prescribed Price Bid offer form.
5.6 The tenderers who are constituents of a Firm, Company and Association must
forward attested copies of the constitution of their concern, power of attorney
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and partnership deed with their tender. The tender documents in such cases
are to be signed by such person as may be legally competent to sign them on
behalf of the Firm, Company, Association or Society as the case may be. The
tenders, which are not accompanied by the above documents, are liable to be
rejected. CONCOR will not be bound by any power of attorney granted by the
tenderer for changes in composition of the firm made subsequent to the
execution of lease. CONCOR may, however, recognize such power of
attorney and changes after obtaining proper legal advice, cost of which will be
chargeable to the tenderer. The cancellation of any document such as power
of attorney, partnership deed etc., shall forthwith be communicated to
CONCOR in writing, failing which CONCOR shall have no responsibility or
liability for any action taken on the strength of the said documents.
5.7 The tenderer is advised in his own interest to visit the site of work and
acquaint him with all local conditions. Work will involve Operation and
maintenance of AC Plant and AMC of split and window A/c at the locations
mentioned in the title of the tender documents. The Tenderer should get
himself familiarized with location / Area of the working place before quoting
the rates.
6. ACCEPTANCE OF TENDER:
6.1 The authority for acceptance of tendered rates will rest with the Chief General
Manager (NCR), Container Corporation of India Ltd, 502, P-5, OCEAN
PLAZA, SECTOR-18, NOIDA, who does not bind himself to accept the lowest
or any other tender nor does he undertake to assign reasons for his decision
in this matter.
6.3 The tender documents shall become the property of CONCOR with
CONCOR having no obligation to return them.
6.4 Canvassing in connection with tenders is strictly prohibited and the tender
submitted by the tenderer who resorts to canvassing will be liable for
rejection.
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6.6 The tenderer whose tender is accepted shall be required to appear at the
office of the Chief Manager, Container Corporation of India Ltd., Northern
Central Region, ICD / DADRI, U.P., in person or, if the tenderer is a firm,
company or a corporation, a Duly authorized representative shall so appear
and execute the contract documents as stipulated in the conditions of contract
within 7 days of the date of issue of communication from the CONCOR’s
office and start the work within 15 days after signing the contract. Failure
to do so shall constitute a breach of the contract concluded by acceptance of
the tenderer.
6.7 The tenderer shall treat the contents of the tender documents as private and
confidential.
6.8 Every tenderer shall state in the tender his postal address fully and clearly.
Any communication sent to the tenderer by post at his said address shall be
deemed to have reached the tenderer in time.
6.9 CONCOR reserves the right to reject any or all tender forms without
assigning any reason.
6.10 CONCOR also reserves rights to pass over a tender, which may be in the
same line of business committing with CONCOR.
7. LATE TENDER :
Any offer received by CONCOR after the time and date prescribed for
submission of tenders will not be entertained.
8. WITHDRAWAL OF TENDERS:
No offer shall be withdrawn in the interval between the last date for
submission of tenders and the expiry of the period of tender validity specified
by bidder. Otherwise Earnest Money/Bank Guarantee will be forfeited
without any notice.
9.1 At any time prior to the last date for submission of the offers, CONCOR may
for any reason modify the tender documents by an amendment.
9.2 The amendment in the form of an addendum will be sent to all prospective
tenderers, in writing by Fax and will be binding upon them. Prospective
tenderers should promptly acknowledge receipt thereof by fax to CONCOR.
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9.3 In order to afford to prospective tenderers reasonable time to consider the
amendment in preparing their offers, CONCOR may at its discretion extend
the last date for the submission of tenders.
CHIEF MANAGER,
ICD / DADRI, U.P.
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SECTION - II
1. PREAMBLE
Container Corporation of India Ltd. (hereinafter referred to as CONCOR) is
operating a number of Container Terminals at different locations. The main
activities of these terminals are to receive inward cargo in containers from other
Terminals as well as to dispatch outward cargo in Containers to various destinations
in India by Rail/Road. These cargo are stuffed / de-stuffed in containers either at
the terminal itself or at consignee’s/consignor’s premises. All the major Shipping
Lines/Transporters/Freight Forwarders are operating from these Terminals.
2.3 The Tenderer must have valid registration with state and Central Sales Tax
Authority.
2.4 Registration certificate under Work Contract Act ( W.C.T).
2.4. P&F and ESI no. in the name of firms with appropriate respective authority.
3 VALIDITY OF OFFER
The tender shall remain valid for a period of one hundred and twenty (120)
daysfrom the date of tender opening.
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4 EARNEST MONEY
4.1 All the tenderers are required to deposit a sum of Rs.42000.00 (Rs. fourty two
thousand only) as earnest money along with completed tender documents. The
earnest money is towards an undertaking by the tenderer that will not resale from
his offer or modify the terms and conditions thereof in a manner not acceptable to
CONCOR. Should the tenderer fail to observe or comply with the said stipulation,
the entire amount shall be liable to be forfeited by CONCOR.
4.2 The deposit as referred to under para 4.1 above shall be in the form of pay orders
or demand drafts made out in favour of “Container Corporation of India Limited”
payable at New Delhi and valid for a minimum period of six months after the date
of issue.
4.3 Cheques, war bonds, guarantee bonds and Government securities (Stock
certificates, bearer bonds, promissory notes, cash certificates) or in any form other
than mentioned in para above will not be accepted towards the earnest money
referred to above.
4.3.1 Pay orders/Demand Drafts should be enclosed along with the tender.
Tenders will not be considered unless the earnest money deposit has been made in
accordance with the foregoing stipulation.
4.3.2 No interest shall be allowed on the Earnest Money deposited and also on
security deposit as referred to under Para 5 below.
5.1 The successful Tenderer whose tender is finally accepted must deposit as
Security Deposit for successful performance under the contract, an amount
equivalent to 10 % of the contract value by pay order or DD in favour of
“Container Corporation of India Ltd. payable at NOIDA” within 7days from
the date of the communication of award of contract of tenders and execute an
agreement in the prescribed form.
Or
Deposit the balance amount of security deposit with the undertaking to
adjust the entire amount of Rs.42000/- of EMD adjusted towards Security
Deposit Or alternatively, the contractor may submit performance bank
guarantee of Nationalized / Scheduled Bank of an amount of 10 % of the
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Contract value valid for a period of thirteen months as per the Performa
attached.
5.2 CONCOR shall be entitled to appropriate the whole or any part of the
security deposit in the circumstances hereinafter provided without prejudice
to any other remedy or right. CONCOR shall be entitled to adjust/recover
any loss and/or damage that CONCOR may suffer or sustain by reason of the
failure of the contractor to observe and in performance of the terms and
conditions of this contract from the amount of security deposit, and in the
event of any balance remaining due to CONCOR, the contractor shall
forthwith pay the same. In the event of any such deduction being made from
the security deposit, the contractor shall at once make good the deficiency in
the amount of the security deposit within fifteen days of the date of demand
to this effect, failing which CONCOR shall deduct the same from the
amounts due to the contractor.
5.3 The security deposit referred to above shall be forfeited by CONCOR in the
event of any breach on the part of the contractor of any of the terms
and conditions of this contract, without prejudice to CONCOR’s right to
rescind the contract and other rights and remedies warranted by law.
5.4 The Security Deposit shall, subject to any deduction that may be made
there from, be returned to contractor after 24 calendar months after
completion of the contract and on issuance of “NO DUES CERTIFICATE”
by the Chief l Manager, ICD/Dadri. However, even if there is any delay the
Tenderer will not be entitled to any interest.
5.5 Chief General Manager, NCR may, at his discretion, increase the amount of
Security Deposit proportionately to the increase in the volume of work, but
not exceeding 50% of original Security Deposit.
6 PAYMENTS
6.1 For doing the work indicated in clause 2 “Scope of Work” the tenderer will
be paid according to the ‘Schedule of Rates’ as specified in ANNEXURE-II.
6.2 The payment under various items of the schedule of rate will be due only on
completion of the respective services and operation and on submission of
bills along with proof of P&F and ESI.
6.3 The rates given in the Schedule of Rates will be binding on both the parties
and no change in the rates will be permissible during currency of the contract
except the conditions as laid down in para-6.4 below. It is expressly
understood that the tenderer has considered every possible fluctuation in the
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rates of material and general conditions and other possibilities of each and
every kind before quoting the rates. No claims on this account shall be
entertained.
The contractor shall have to perform all the services provided for in this
contract and shall be paid at the rates quoted by him and accepted by
CONCOR, subject to the terms and conditions of this contract. The contractor
shall also provide any additional services not specifically provided for in this
contract for which the remuneration shall be payable at the rates as may be
settled by mutual negotiations. In the absence of an agreement being reached
on the rates for such additional services will not confer a right upon the
contractor to refuse to carryout or render such services.
“The contractor shall prepare and submit bills to CONCOR’s official in-charge.
Payment of amount claimed will be arranged after necessary checks of the correctness
of claim, deducting all charges due including taxes applicable, at the prescribed rate.
The aforesaid payment of the bill will ordinarily be made within 15 days of
submission. The delay, however shall either entitle the contractor to neither claim
interest nor terminate the contract.
6.6 A claim for services rendered under this contract shall be made by the
contractor to CONCOR within three months of such service. If he does not
prefer claim within the said period, he shall be deemed to have waived his
right in respect thereof and shall not be entitled to any payment on account
thereof.
6.8 Payment shall be made through cheques. The successful tenderer taking up
the work of the contractor shall intimate CONCOR the person/body in
whose favour the cheques for amounts due to him should be drawn.
6.9 CONCOR will have the right to recover any over payment which might
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have been made to the contractor by CONCOR through inadvertence error,
etc or any cause whatsoever from supply of printed stationery & from the
security deposit or any other amounts due to him. In the event of any such
recoveries/adjustments being made from the security deposit, the contractor
shall at once make good deficiency in the amount of the security deposit
within 15 days of payment to this effect, failing which CONCOR will be at
liberty to deduct the said amount from the future bills.
7. ESCALATION CLAUSE
9. ILLEGAL GRATIFICATION:
9.1 The tenderer shall forbid and take all possible steps within his power to
prevent all laborer and other persons employed by him from demanding or
receiving from any person other than the tenderer himself or his agents any
remuneration or gratuity whatsoever.
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9.2 No person who had retired within two years as a Ghazatted Officer in
Executive or Administrative duties in any Government service or CONCOR
shall be the tenderer. The tenderer shall under no circumstances employ the
person, who is in the employment of the Government or CONCOR for the
purpose of carrying out this contract and further shall not employ and person
previously in the employment of the Government or CONCOR without
express sanction in writing of CONCOR. The contract is liable for cancellation
if the tenderer himself or any of his employees is found to be a person to
whom this applied and who had not obtained the necessary permission of
CONCOR.
10.1 In the event of unsatisfactory service or any failure at any time on the part of
Tenderer to comply with the terms and provisions of this contract to the
satisfaction of CONCOR administration (who shall be the sole judge and
whose decision shall be final), it shall be open to CONCOR to terminate this
contract by giving 30 days notice to the Tenderer. In the event of such
termination of the contract, CONCOR shall be entitled to (I) forfeit the
Security Deposit as it may consider fit, (ii) get the balance work done by
making an alternative arrangement as deemed necessary and (iii) to recover
from the tenderer any extra expenditure that may have been incurred by
CONCOR in getting the work done and damages which CONCOR may
sustain as a consequence of such action. The certificate of the CONCOR's
Technical Official and verification of work for the sum payable to the
tenderer, if the work in question had been carried out by him under the terms
of the contract, shall be final and binding on the tenderer.
10.3 The termination of the agreement under this clause or any other clause herein
contained shall not be deemed to prejudice or affect claim or any right of
indemnity which the CONCOR Administration may have against the
tenderer in respect of any breach of any of the conditions of the agreement
herein prior to the termination of the said agreement.
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10.4 Any notice to be served on the Tenderer under this agreement sent to him by
registered post to his above mentioned address, unless otherwise modified in
writing, shall be considered as proper and sufficient service for any purpose
in connection with the agreement.
10.5 If at any time, the tenderer becomes insolvent or files an application for
insolvency or any creditor of his moves the court for adjudicating him as an
insolvent or if he is convicted in the Court of Law, CONCOR will have the
absolute option of terminating the contact forthwith and he shall have no
right for damage or compensation on his account.
11. ARBITRATION
11.1 Except where otherwise provided for in the contract, all questions and
disputes relating to the meaning of the words/terms specifications and
instructions mentioned in this contract and as per the quality of workmanship or
performance or as to any other question /claim/right/matter or thing whatsoever in
any way arising out of or relating to the contract, specifications, operations,
instructions, orders or these conditions or otherwise concerning the Annual
maintenance to execute the same whether arising during the progress of the work
or after the completion or abandonment thereof shall be referred to the sole
arbitration of some other person appointed by the Managing Director, CONCOR
willing to act as such arbitrator. There will be no objection if the arbitrator so
appointed is an employee of CONCOR and that he had to deal with the matters to
which the contract relates and that in the course of his duties as such, he had
expressed views on all or any of the matters in dispute or difference. The arbitrator
to whom the matter is originally referred being transferred or vacating his office or
being unable to act for any reason, the Managing Director as aforesaid at the time of
such transfer, vacation of the office or inability to act, shall appoint another person
to act as arbitrator in accordance with the terms of the contract. Such person shall be
entitled to proceed with the reference from the stage at which it was left by his
predecessor. It is also a term of this contract that no person other than a person
appointed by the Managing Director as aforesaid should act as arbitrator and if for
any reason that is not possible, the matter is not to be referred to arbitration at all.
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11.2 In case of any disputes arising out of interpretation of any of the provisions of
this contract, an arbitrator shall be appointed by the Managing Director. There will
be no objection if the arbitrator so appointed is an employee of CONCOR and that
he had to deal with the matters to which the lease relates and that in the course of
his duties as such he had expressed views on all or nay of the matters in dispute in
reference.
11.3 Subject as aforesaid the provision of the arbitration Act, 1940 or any statutory
modification or reenactment thereof and the rules made there under and for the time
being in force shall apply to the arbitration proceeding under this clause.
11.4 It is a term of the contract that the party invoking arbitration shall specify the
dispute or disputes to be referred to arbitration under this clause together with the
amount or amounts claimed in respect of each dispute. The arbitrator(s) may from
time to time with consent of the parties enlarge the time for making and publishing
the award.
11.5 The work under the contract shall, if reasonably possible, continue during the
arbitration proceedings and no payment due or payable to the contract shall be
withheld on account of such proceedings.
11.6 The arbitrator shall be deemed to have entered on the reference on the date he
issue notice to both the parties fixing the date of the first hearing.
11.7 The arbitrator shall have power to call for such evidence by way of affidavits or
otherwise as the arbitrator shall think proper and it shall be the duty of the parties
hereto do or cause to be done all such things as may be necessary to enable the
arbitrator to make the award without any delay.
11.9 The venue of arbitration shall be such place as may be fixed by the arbitrator in
his sole discretion.
11.10 The award of the arbitration shall be final, conclusive and binding on all
parties to the contract.
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13 UNSATISFACTORY PERFORMANCE & CONSEQUENCES THEREOF
13.1 The tendered shall work in close consultation with and as per guidance and
direction of CONCOR.
13.3 The contractor shall at all times ensure that his performance is satisfactory,
failing which CONCOR shall be at the liberty to get the affected work done through
any other agency, at the risk and cost of the contractor. In such cases CONCOR shall
be at the liberty to carry on the work under this agreement through any other
agency directly for the work and all expenses incurred on this account shall be at the
sole risk and responsibility of the contractor and shall be recovered from any money
due to him or from his security deposit.
The certificate of the CONCOR official in-charge as to the sum payable to the
contractor, if the work in question had been carried out by him under terms of the
contract, shall be final and binding on the contractor.
If the extra expenditure incurred is more than the Security Deposit proposed to be
forfeited, the expenditure over and in excess of the security deposit may be
recovered by deducting the said amount from any pending bills of the contractor by
CONCOR under this or any other of his contract with CONCOR anywhere in India
or otherwise. The contractor shall have no claim whatsoever against CONCOR in
consequence of the termination of contract as stated above.
13.5 Any financial loss incurred by the CONCOR authority arising due to any
procedural lapses on the part of the tenderer shall be recovered by CONCOR
from the tenderer.
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i) In the event of the tenderer failing to attend the complaint within 24
hours, the officer in charge shall have the option to make alternative
arrangement & the entire amount spent on this account will be recovered
from the tenderer bill.
ii) The fine up to Rs.2000/-only can be imposed by the officer in charge in
respect of each case of breach of terms of contract. The tenderer shall in
addition to the fine, shall also be responsible to compensate CONCOR for any
liability which may fall on CONCOR under any statutory or otherwise
obligation for the breach of any of the terms of the agreement.
14 EXIT CLAUSE
CONCOR will also have the liberty to seek a cause of termination of contract
by serving an advance sixty days notice against tenderer in case there are
strong business reasons for it doing so as determined by its management
15 SAFETY / PRECAUTIONS:
15.1 It shall be the duty of the contractor to acquaint him with all safety
regulations as proposed by any statutory authorities.
15.2 The contractor shall indemnify Container Corporation of India Ltd
against any violation of safety laws, rules and regulations while
carrying out operations as required by the contract.
15.3 CONCOR will not be liable to pay to the Staff/Labour of Contractor the
injuries/death while performing duty. In case, CONCOR is to incur any
liability, same will be recovered from the contractor.
16.1 The tenderer shall fully indemnify CONCOR against all the payments,
claims and liabilities whatsoever, incidental or direct, arising out of or for
compliance with or enforcement of the provisions of any of the labour laws to the
extent they are applicable to the establishment/work in container terminal.
16.2 The Contract Labour (Regulation & Abolition) Act 1970; Rules, 1971, and the
Central Rules as modified from time to time are applicable to this contract. The
Contractor shall comply with these and obtain requisite license/s from Labour
Authorities under the Act and also take steps for getting the agreement
registered under the Act. He shall also indemnify CONCOR from and against
any claims under the aforesaid Act and the Rules.
16.3 The Contractor shall pay to the labour employed by him wages as per
provisions of the aforesaid Act and the Rules, wherever applicable.
16.4 In every case in which, by virtue of the provisions of the aforesaid Act or the
Rules, CONCOR is obliged to pay any amount of wages to a workman
employed by the Contractor in execution of the work or to incur any expenditure
in providing welfare and health amenities required to be provided under the
aforesaid Act and the Rules or to incur any expenditure on account of the
contingent liability of CONCOR due to the contractor’s failures to fulfill his
statutory obligations under the aforesaid Act or the rules, CONCOR shall be at
liberty to withhold from the bills of the contractor the amount of wage as paid or
the amount of expenditure so incurred, and without prejudice to the rights of
CONCOR under Section 20 Sub-section (2) and section 21 subsection (4) of the
aforesaid Act, CONCOR shall be at liberty to recover such amount or part
thereof by deducting it from Security Deposit and/or from any sum due by
CONCOR to the contractor whether under the particular contract or otherwise.
CONCOR shall not be bound to contest any claim made against it under Sub-
Section (1) of Section 20 and Sub-Section (4) of section 21 of the aforesaid Act
except on the written request of the contractor and upon his giving to CONCOR
security for all costs for which CONCOR might become liable in contesting such
claim. The decision of CONCOR regarding the amount actually recoverable from
the contractor as stated above shall be final and binding on him.
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16.5 The contractor shall not employ any person/labour below the age of 15
years. He shall indemnify CONCOR from and against all claims and penalties
which may be suffered by CONCOR or any person employed by him by reason
of any default on the part of the contractor to observe and/or in the performance
of the provisions of Employment of Children Act XXVI of 1938 or any
reenactment or modification of the same.
17.1 The contractor shall be responsible for compliance with the provision of the
Payment of Wages Act, 1936 or any statutory modifications thereof and any
Rules made there under in respect of the staff employed by him and shall keep
CONCOR indemnified against all loss, damage or claim arising directly or
indirectly through any failure or omission to comply with the requirements of
the said Act and Rules.
17.2 The contractor shall pay not less than the fair wage to the laborers /workers
engaged by him on the work, the fair wage being the wage including the
allowances notified at the time of inviting tender or as notified from time to
time by the competent authority for the work, and, where not notified, the
wages paid for similar work in the neighborhood. The labour wages and
allowances shall not be less than those prescribed by any provincial law, etc.
The contractor shall keep a proper record of such payment, and submit a
certificate every month to CONCOR of his having done so.
17.3 A notice showing the rates of wages to be paid to workers shall be published
by the contractor and exhibited prominently near the place of work and should
be made easily accessible to all workers.
18.2. The contractor shall comply with all the laws, regulations and rules for the
benefit of labour/employees that are in force or may come into force and the
contractor shall indemnify and keep CONCOR indemnified against all loss,
damage, claims and costs arising in any manner whatsoever out of or through
or as a result of any failure or omission on the part of the contractor to comply
with any such laws, regulations and / or rules.
The tenderer shall not sublet, transfer or assign the contract or any part
thereof, without the previous written approval of CONCOR. In case the contractor
contravenes this condition, CONCOR shall be entitled to place the contract
elsewhere at the cost and risk of the contractor and all expenses borne on this
account shall be recovered from tenderer.
23 GENERAL
Any clarification in regard to the meaning or intent or interpretation of any of the
provisions of these terms and conditions required on any point shall be sought from
the Chief General Manager, Northern Central Region, Noida whose decision in the
matter shall be final and binding. Any other matter relevant to but not covered in
the lease shall also be decided by making reference to Chief General Manager whose
decision will be final and binding.
Chief Manager
Northern Central Region
ICD/DER, CONCOR
UTTAR PRADESH.
All terms and conditions listed from Para 1 to 23 along with all sub paras read
carefully, understood and accepted.
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SECTION - III
SCOPE OF WORK
c) The contractor has to operate AC Plant between 8hrs to 20hrs on all working days
by deploying two technicians.
d) All safety gears made mandatory under this rule will have to be arranged by the
contractor.
g) All the window and split A/C’s maintenance will be carried out as per the
availability of the machines.
h) Break down or failure of window A/c shall be attended within minimum time
and it shall be attended within 8hour from the time of receipt of complaint.
i) Qualification of Workman: The contractor will deploy skilled technician who are
experienced in refrigeration and air conditioning.
j) All the staff employed by the contractor should be of good antecedent and
character. The contractor will have to take prompt action and replace any staffs who
do not obey the instruction issued by representative of Chief Manager, ICD/DER.
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k) The contractor will have to furnish a list of the staff, employed for the manning of
AC Plant and maintenance of installation to CONCOR every month. The staff shall
be given a distinct uniform as also as identification card bearing the contractor
stamp.
On change of staff the contractor will have to recover identity card and also inform
to CONCOR in writing on next working days.
l) All the tools and Tackles for the execution of contract will be arranged for by the
contractor.
m) Inspection and preventative schedule will be carried out by the contractor staffs
in presence of CONCOR representative as per the recommended schedule.
d) Earthing installation: The successful tenderer will be required to maintain all the
earthing installations provided for AC Plant. For this it is necessary to check up all
the earthing locations once an a year on a dry day during the dry season and record
the result in a year. These results shall be jointly checked and signed in a register by
the contractor and CONCOR representative.
Statutory Compliance:-
i) The contractor shall comply with all the statutory requirements in respect of
engaging the personnel, their service conditions, rules and regulations and all
the liabilities under the various law and other likes P.F., E.S.I., bonus and
workman’s compensation etc. shall be of the contractor and CONCOR shall in
no way be responsible or liable in case of any dispute, prosecution or award
made by Court of Law or other authorities.
ii) The contractor shall indemnify CONCOR against all loses, damages, or
liability arising out of or imposed in pursuance of any labour laws.
iii) The contractor & staff shall follow the security regulations in force or as
amended from time to time. Suitable action shall be taken, including
summarily termination and/or legal action for breach of CONCOR security
regulations by either the contractor or his staff & CONCOR shall be the
sole arbitrator to the course of action.
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iv) CONCOR shall be exempted from all the liabilities, what so ever created under
the workmen COMPENSATION Act/ESI, Act in respect of any injury
suffered by the worker employed by the contractor or resulting in death.
Staff:
i) The contractor shall employ sufficient staff not less than 2 persons for the
operation of AC Plant during all working days.
ii) Sufficient no. of staff shall be deployed for the routine maintenance on week
days and preventive schedules shall be carried on Sunday. During break
down of the installations required number of man power will be arranged by
the contractor without any additional charges.
iii) The staff should be competent enough to handle the day to day schedule
maintenance works of installation. The break down / failure shall be attended
in minimum break down time.
iv) The contractor staff shall maintain all the records and manage the materials,
equipment and Tools and Plants required for attending break down and
failures.
v) The staff shall be well behaved, obedient and well conversant with electrical
power maintenance system.
vi) The contractor shall not withdraw / remove staff from the installation
without prior information to In-charge or representative of CONCOR.
vii) The contractor staff shall not make any change/ addition /alteration or
modification to existing AC plant installation without the approval of in
charge or representative of CONCOR.
viii) The contractor shall follow the security regulation in force or as amended
from time to time. Suitable action shall be taken, including summarily
termination and / or legal action for breach of CONCOR security regulation
by either Contractor or his staff & CONCOR shall be the sole arbitrator to the
course of action.
ix) Concor shall be exempted from all liabilities, what so ever created under the
works man Compensation Act / ESI, in respect of any injury suffered by the
worker employed by the contractor or resulting in death.
3 DURATION OF CONTRACT
3.1 The contract shall be awarded for a period of 24 months from the date of
commencement of contract. Thereafter the financial implication may be
reviewed and CONCOR shall have discretion for extending it for another 1
(one) year on mutually acceptable terms and conditions and rates at the sole
discretion of CONCOR management.
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3.2.1 However, it will be obligatory on the part of contractor to continue to work at
the rates prevailing on the last date of the contract even beyond contract
period for at least 4 (four) months or till the new contract is finalized,
whichever is earlier.
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ANNNEXURE - I
Issued to ...................................……….
Dear Sir,
SUB: “Bid for Open Tender For operation and maintenance of AC Plant
and AMC of window and split Ac’s installed at, ICD /DADRI, U.P.”.
1.At the rates specified in the PRICE BID (Annexure – II) separately enclosed in
Separate envelope marked as Finencial Bid or Price Bid. I/We hereby certify that
I/We have examined and am/are fully familiar with all the provisions of the
contract documents and I/We am/are satisfied that they are accurate and agree to
abide by all these terms and conditions laid therein
2.1 Experience certificates showing the experience in the work tendered for
minimum of two similar contracts in past three financial year compulsorily in last
financial yearof individual contract value not less than Rs. 6.5 lakhs.
2.2 Should submit the proof of Average Annual Turnover of Rs. 14.10 Lacs for two
years out of the previous three financial year i.e. 2002-03, 2003-04, & 2004-05,
compulsorily in last financial year.
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2.3 Having adequate no. of technically / professionally qualified personnel to
manage the work efficiently.
2.4 Documents showing constitution of the firm/company (copy of partnership
deed with copy of registration certificate in case of partnership firm and a copy of
incorporation certificate, certificate of Memorandum and Articles of Association in
case of a company).
2.4 Evidence of the authority of the person signing this proposal to bind tenderer to
this proposal and to any contract resulting there from.
3. A sum of Rs.42000/- (Rupees forty two thousand only) towards earnest money
in the form of pay order/demand draft no...................... dated ..................... in favour
of CONTAINER CORPORATION OF INDIA LTD.” , payable at Noida UP.
4. I/We agree to keep this tender open for a period of 120 (one hundred and twenty)
days from the date fixed for opening the same which cannot be withdrawn from the
said period of 120 (one hundred and twenty) days or until a contract for the work is
fully executed with a third party whichever is earlier.
(b)
(c)
6. The Price Bid duly filled and signed is enclosed in a separate sealed envelope.
I/We clearly understand that this will be opened on a subsequent date only if
my/our pre-qualification bid is accepted by CONCOR.
7. I/We do hereby declare that the entries made in the tender and annexure attached
therein are true.
Yours faithfully,
Tenderer’s address Signature of Tenderer/s
………………………. 1. ................................
………………………. 2. ................................
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Annexure II Schedule of Rates:
Total
sl.no. Description of work Qty Rate/months Amount
Operation of AC Plant from 8Hrs
to 20Hrs on all working days as
1 per the scope of work 24months
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ANNEXURE-III
DRAFT AGREEMENT:
An agreement made this ….. day of …………. Two thousand and six between
Container Corporation of India limited, with Registered office at C – 3, CONCOR
Block, Opp. Appolo Hospital, Mathura Road, New Delhi (A govt. of India
Undertaking) represented herein by the Chief Manager, ICD DADRI, UP
(hereinafter called CONCOR) of the one part AND M/s
………………………………………………………………………………………………
(here after called the “Contractor” which expression shall be deemed to include
his/their respective heirs, executors, administration, legal representatives,
successors and assignees) of the OTHER PART for the purpose of for “Bid Open
Tender For Operation and maintenance AC Plant and AMC of
window and split Acs installed at , ICD /DADRI, U.P.”at the rates and
under the conditions specified in the schedule annexed.
Whereas the contractor has agreed with CONCOR to provide services upon the
terms and conditions governing contract annexed.
In consideration of the payments to be made by CONCOR, the Contractor
shall duly perform the said operations in the said schedule set forth and shall
execute the same with great promptness, care and diligence in a workman like
manner to the satisfaction of CONCOR and will carry out the work in accordance
with the terms and conditions of this contract w.e.f. …………. up to …………… and
will observe, fulfill and honor all the conditions there in mentioned (which shall be
deemed and taken to be part of this contract as if the same had been fully set forth
therein) and CONCOR hereby agree that if the contractor observes and honor the
said terms and conditions of contract, CONCOR will pay or cause to be paid to the
contractor for the operations on the completion thereof, the amounts due in respect
thereof at the rates specified in the schedule here to annexed.
The cost of stamp duty, if any due on this contract shall be borne by the
contractor.
IN WITNESS THEREOF, the said parties have herewith set their hands the day and
year first above written.
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For and on behalf of Container Corporation of India Ltd.
CONTRACTOR
WITNESS WITNESS
(NAME, SIGNATURE (NAME, SIGNATURE
& ADDRESS) & ADDRESS)
1. ................................................. 1. .......................................................
2. ..................................................... 2. .......................................................
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ANNEXURE-IV
INVENTRY OF AC PALNT:
36