regional office employees' state insurance ... - esic.nic.in · 1 | p a g e regional office...
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REGIONAL OFFICE
EMPLOYEES' STATE INSURANCE CORPORATION
PANCHDEEP BHAWAN, SECTOR-16, FARIDABAD (HARYANA)
Ph: 0129-2222980, 81; Fax: 0129-2284728; e-mail: [email protected]
Website: http://www.esic.nic.in
“NOTICE FOR E-TENDER FOR FY 2020-21”
"वित्तिर्ष 2020-21 के लिए ई-लिविदा के लिए सचूिा"
Name of Work: - Partitioning of temporary structure along with electrical fittings for UHTC in
Sector-07, Faridabad.
Working Site: - UHTC in Sector-07, Faridabad.
TENDERING AUTHORITY:-
Sd/-
Regional Director
R.O, ESIC, Faridabad (Haryana)
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Sh. No. Name of Sub-Head Annexure Page No. 1 ADVERTISEMENT NOTICE
- 3
2 IMPORTANT INSTRUCTIONS FOR BIDDERS
REGARDING ONLINE BID SUBMISSION
A-I 4
3 NOTICE INVITING E-TENDER
A-II 7-9
4 SCOPE OF WORK
B 10-10
5 INSTRUCTION TO THE TENDERERS C-I & II 11-16
7 GENERAL CONDITIONS OF CONTRACT D 17-22
8 SPECIAL CONDITIONS OF CONTRACT E 23-23
11 CONTRACT AGREEMENT F 24-25 12 TECHNICAL BID FORM (FORMAT I TO VIII) - 26-33
13
INTEGRITY PACT DOCUMENT (FORMAT-
IX)
- 35-40
14
FORM OF PERFORMANCE SECURITY
BANK GUARANTEE BOND (FORMAT-X)
- 41-42
15 FINANCIAL BID
-
Sd/-
Regional Director
R.O, ESIC, Faridabad (Haryana)
C O N T E N T S
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Regional Office
Employees’ State Insurance Corporation,
(Ministry of Labour and Employment, Govt. of India)
Panchdeep Bhawan, Sector- 16, Faridabad
Haryana- 121002
Tel (O):- 0129-2222980/81
E-mail- ID- [email protected]
F. No. 13/W/13/13/08/2003-Const. Date: 29/07/2020
ADVERTISEMENT NOTICE
The Regional Director, ESI Corporation, Regional Office, Faridabad invites on behalf of the Director
General, ESI Corporation, E-Tender from reputed agencies under two bid systems for: -
Sr.
Name of Work
Estimated
Cost in
Rupees
EMD
amount
Last Date of
Submission
Date of
Opening
Tender
1
Partitioning of temporary
structure along with electrical
fittings for UHTC in Sector-07,
Faridabad.
Rs.
5, 89,127 /-
and G.S.T.
extra
Rs.
12,000 /-
20/08/2020
Up to
01: 00 pm
20/08/2020
Up to
02: 30 pm
Details of the Tender Document can be seen at ESIC’s website http://www.esic.nic.in at Tenders.
Sd/-
Regional Director
R.O, ESIC, Faridabad (Haryana)
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Regional Office
Employees’ State Insurance Corporation, (Ministry of Labour and Employment, Govt. of India)
Panchdeep Bhawan, Sector- 16, Faridabad
Haryana- 121002
Tel (O):- 0129-2222980/81
E-mail- ID- [email protected]
F. No. – 13/W/13/13/08/2003-Const. Date: 29/07/2020
ANNEXURE – A-I
Important Instructions for Bidders for online bid submission The tender documents are available on website https://eprocure.gov.in/eprocure/app and the same can
be downloaded as per the schedule given in the CRITICAL DATE SHEET.
Bidder should get registered at https://eprocure.gov.in/eprocure/app
Bidders/Contractors are advised to follow the instructions provided in the ‘Instructions to the Contractors/Bidders for the e-submission of the bids online through the Central Public Procurement Portal for e-Procurement at https://eprocure.gov.in/eprocure/app. Bid documents may be scanned with 100 dpi with black and white option (Clearly visible) which helps in reducing size of the scanned document. Bidders, who have downloaded the tender from Central Public Procurement Portal (CPPP) website https://eprocure.gov.in/eprocure/app , shall not modify the tender form including downloaded price bid template in any manner. In case the same is found to be tampered with / modified in any manner, tender will be completely rejected and EMD shall be forfeited and the bidder is liable to be banned from doing business with ESIC.
INDICATIVE CRITICAL DATE SHEET
Date of Publishing 30/07/2020
Bid Document Download Starts from 30/07/2020
Bid Submission Starts 30/07/2020 at 02:00 PM
Bid Submission Ends 20/08/2020 at 01:00 PM
Bid Opening Date 20/08/2020 at 02:30 PM
Sd/-
Regional Director
R.O, ESIC, Faridabad (Haryana)
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Instructions for Online Bid Submission
The bidders are required to submit soft copies of their bids electronically on the CPP Portal, using valid Digital Signature Certificates. The instructions given below are meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal.
More information useful for submitting online bids on the CPP Portal may be obtained at: https://eprocure.gov.in/eprocure/app.
REGISTRATION
I. Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the link “Online bidder Enrollment” on the CPP Portal which is free of charge.
II. As part of the enrolment process, the bidders will be required to choose a unique username and assign a password for their accounts.
III. Bidders are advised to register their valid email address and mobile numbers as part of the registration process. These would be used for any communication from the CPP Portal.
IV. Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (Class III Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudra etc.), with their profile.
V. Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.
VI. Bidder then logs in to the site through the secured log-in by entering their user ID / password and the password of the DSC / e-Token.
SEARCHING FOR TENDER DOCUMENTS
1. There are various search options built in the CPP Portal, to facilitate bidders to search active tenders by several parameters. These parameters could include Tender ID, Organization Name, Location, Date, Value, etc. There is also an option of advanced search for tenders, wherein the bidders may combine a number of search parameters such as Organization Name, Form of Contract, Location, Date, Other keywords etc. to search for a tender published on the CPP Portal.
2. Once the bidders have selected the tenders they are interested in, they may download the required documents/ tender schedules. These tenders can be moved to the respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate the bidders through SMS / email in case there is any corrigendum issued to the tender document.
3. The bidder should make a note of the unique Tender ID assigned to each tender, in case they want to obtain any clarification / help from the Helpdesk.
PREPARATION OF BIDS 1. Bidder should take into account any corrigendum published on the tender document before submitting their
bids. 2. Please go through the tender advertisement and the tender document carefully to understand the
documents required to be submitted as part of the bid. Please note the number of covers in which the bid documents have to be submitted, the number of documents – including the names and content of each of the document that need to be submitted. Any deviations from these may lead to rejection of the bid.
3. Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender document / schedule and generally, they can be in PDF / XLS / RAR / DWF/JPG formats. Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document.
4. To avoid the time and effort required in uploading the same set of standard documents which are required to be submitted as a part of every bid, a provision of uploading such standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to the bidders. Bidders can use “My Space” or ‘’Other Important Documents’’ area available to them to upload such documents. These documents may be directly submitted from the “My Space” area while submitting a bid, and need not be uploaded again and again. This will lead to a reduction in the time required for bid submission process.
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SUBMISSION OF BIDS
1. Bidder should log into the site well in advance for bid submission so that they can upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to other issues.
2. The bidder has to digitally sign and upload the required bid documents one by one as indicated in the tender document.
3. Bidder has to select the payment option as “offline” to pay the tender fee / EMD as applicable and enter details of the instrument / scan copy.
4. Bidder should prepare the EMD as per the instructions specified in the tender document. The details of the DD/any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected.
5. Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable. If the price bid has been given as a standard BOQ format with the tender document, then the same is to be downloaded and to be filled by all the bidders. Bidders are required to download the BOQ file, open it and complete the white colored (unprotected) cells with their respective financial quotes and other details (such as name of the bidder). No other cells should be changed. Once the details have been completed, the bidder should save it and submit it online, without changing the filename. If the BOQ file is found to be modified by the bidder, the bid will be rejected.
6. The server time (which is displayed on the bidders’ dashboard) will be considered as the standard time for referencing the deadlines for submission of the bids by the bidders, opening of bids etc. The bidders should follow this time during bid submission.
7. All the documents being submitted by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology. Data storage encryption of sensitive fields is done. Any bid document that is uploaded to the server is subjected to symmetric encryption using a system generated symmetric key. Further this key is subjected to asymmetric encryption using buyers/bid opener’s public keys. Overall, the uploaded tender documents become readable only after the tender opening by the authorized bid openers.
8. The uploaded tender documents become readable only after the tender opening by the authorized bid openers.
9. Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid Submission” in the portal), the portal will give a successful bid submission message & a bid summary will be displayed with the bid no. and the date & time of submission of the bid with all other relevant details.
10. The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.
ASSISTANCE TO BIDDERS
Any queries relating to the tender document and the terms and conditions contained therein should be addressed to the Tender Inviting Authority for a tender or the relevant contact person indicated in the tender. Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk. The contact number for the helpdesk is 1800 233 7315.
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Regional Office
Employees’ State Insurance Corporation,
(Ministry of Labour and Employment, Govt. of India)
Panchdeep Bhawan, Sector- 16, Faridabad
Haryana- 121002
Tel (O):- 0129-2222980/81
E-mail- ID- [email protected]
F. No. – 13/W/13/13/08/2003-Const. Date: 29/07/2020
ANNEXURE – A-II
NOTICE INVITING E-TENDER
E-Tenders under two bid systems are invited from the eligible contractors for providing services listed
under scope of work in the bid document, the details of which are as follows:-
Sl. No
Description Details
1 Name of work:- Partitioning of temporary structure along with electrical fittings for UHTC in Sector-07, Faridabad.
2 Estimated Cost: - Rs. 5, 89,127 /- and GST extra
3 Period of Contract: - One Month (01 Month)
4 Earnest Money Deposit: -
Rs. 12,000/- (Rupees Twelve Thousand only) to be deposited along with tender, through Demand Draft in favour of ESI Fund A/C No. - 01, payable at Faridabad. In case of non receipt of EMD in hard copy, the online bid shall not be considered and shall be summarily rejected.
5 Cost of Tender: - Not Applicable.
6 Last Date of submission of Tender: -
Tenderers have to submit only the EMD in original in the Tender Box upto 1:00 pm on 20/08/2020. The Tender Box will be kept in the Reception area (Ground Floor), Regional Office ESIC, Panchdeep Bhawan, Sector- 16, Faridabad, Haryana–121 002. The bid documents (technical and financial) are to be uploaded online only as per “Instructions for online bid submission” at Annexure A-I
7 Date of opening of Tender:
The tenders shall be opened in the presence of the Bidders (who choose to be present) on 20/08/2020 at 2:30 PM in the Conference Room (1st Floor), Regional Office ESIC, Panchdeep Bhawan, Sector- 16, Faridabad, Haryana. In case the bid opening date is declared a Public Holiday, tenders shall be opened at the same time on the next working day.
8 Tender Document:- Tender documents containing terms & conditions may be downloaded from online portal https://eprocure.gov.in/eprocure/app round the clock w.e.f. 30/07/2020 to 20/08/2020. The tender documents may also be downloaded from the website https:// www.esic.nic.in
9 Minimum Eligibility Criteria:-
Documents to be uploaded:-
(a) EMD in the form of Demand Draft for Rs. 12,000/-. (b) Copy of PAN Card, (c) Copy of Tender Document duly signed, stamped & serial numbered on all pages. (d) Certificate of Incorporation/Shop & Enlistment Registration Certificate of Firm/ Memorandum and Article of Association/Partnership Deed/Proprietorship Deed/ Declaration of proprietorship etc., as the case may be. (e) Copy of GST Certificate with Latest Challan/latest payment detail, (f) Technical Bid Forms self filled (Format I to VIII), (g) Copy of Integrity Pact certificate (Format- IX)
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(h) Satisfactory completion certificate of similar nature of work. (i) Average Annual Financial Turn Over during the immediate last three consecutive financial years (i.e. 2016-17, 2017-18 & 2018-19), These years’ turnovers should be at least 30% of the value of work to be executed (copies of balance sheets signed by Chartered Accountant). (j) Valid Civil & Electrical (HT/LT works) license. (k) Undertaking required on Rs. 100/- stamp paper for Firm is never debarred/ blacklisted by any of the ESIC Institution / Office anywhere in India.
Sealed Envelope for EMD fees in the form of Demand Draft in original shall be submitted by the bidders in the tender box only, otherwise tender will not be evaluated.
All the uploaded documents must be self-attested and clearly visible (readable) for evaluation.
10 Technical Eligibility Criteria
(i) Experience of having successfully completed similar works during last 7 years ending last day of month previous to the one in which tenders are invited should be either of the following: -
(a) Three similar completed works costing not less than the amount equal to
40% of the estimated cost. Or
(b) Two similar completed works costing not less than the amount equal to 50% of the estimated cost.
Or (c) One similar completed works costing not less than the amount equal to
80% of the estimated cost. (ii) (a) The bidder should have experience of Special Repair Work of Civil &
Electrical nature in Government organizations. Definition of “similar work”: Special Repair Work of Civil & Electrical nature
11 General Instruction The bidders should upload the documents on the online portal according to Format-V for technical bid. It must be legible and duly signed and stamped. Any overwriting must be attested by authorized signatory; otherwise the bid is likely to be rejected. Agencies/Firms already debarred/blacklisted by any of the ESIC Institutions/ Government Offices anywhere in India need not apply and such bids will be summarily rejected. Agency shall provide an Affidavit in support of having been not blacklisted or debarred from any ESIC or Government Offices with the technical bid.
12 Details of work of Scope
The scope of work mainly consists of job of Special Repair Work of Civil & Electrical
nature of the UHTC Sec-07 building.
The Contractor is required to perform Special Repair of Civil & Electrical works with complete finishing as per guideline of CPWD Norms & shall be carried out as per instruction of Engineer- in-charge given to the Contractor’s supervisor/personnel.
13 Bid/Tender Validity Bid shall be valid for 60 days from the last date of its submission.
14 Performance Security Deposit
The successful bidder will have to deposit the Performance Security Deposit to the purchaser for an amount equal to 5% of the total quoted Amount in the form of Bank Guarantee/FDR in favour of “ESI Fund A/C. No – 1”, Payable at Faridabad within 7 (seven) days after issuance of Letter of Award (LOA), otherwise the bid may be cancelled and EMD may be forfeited. The performance security may be encashed by the Purchaser to recover any amount which is payable by the contractor to the Purchaser on any account for a cause arising out of the contract.
15 Annual Turnover Average Annual Financial Turnover during the immediate last three consecutive financial years (i.e. 2016-17, 2017-18 & 2018-19), should be at least 30% of the value
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of work to be executed (Copies of balance sheets & Profit & Loss Account signed by Chartered Accountant to be furnished).
16 Pre Bid Meeting Pre bid meeting will be held on 07/08/2020 at 2:00 pm. Bidders are advised to send their queries, if any, to [email protected] at least 24 hours before the pre bid meeting.
Sd/-
Regional Director
R.O, ESIC, Faridabad (Haryana)
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ANNEXURE-B
SCOPE OF WORK
Special Repair Work at UHTC, Sec-7, Faridabad, Haryana.:-
❖ The Special Repair Work will be carried out as per tender BOQ and as per directions of Engineer-in charge.
❖ Only Class- I, reputed brand, ISI marked materials as Class A Brick, fine & coarse sand, reputed brand of cement
bag & TMT steel bars would be used(allowed) in Special Repair work under civil category.
❖ Only Class- I, reputed brand, BIS marked materials would be used in repair work of Electrical maintenance works.
❖ The agency should provide any materials for civil works are as per ISI norms and manufacturer.
❖ The agency should provide any materials for Electrical works are as per ISI norms and manufacturer.
❖ The agency should be maintained all statutory records and registers.
❖ The agency should maintain & store samples of construction material used during special repair works, and if
any Test Certificate or Lab report will be required the Contractor will provide the same without claiming any
extra charges.
❖ That the work is carried out in an orderly manner without noise and creating any obstruction to the office work.
❖ That all rubbish etc. is disposed off at the earliest and the place is left clean and orderly at the end of each day’s
work.
❖ The agency shall be responsible to depute their supervisor at site to meet RD/AE/JE or Construction- in-charge’s
to ensure progress and Quality of work.
❖ The agency shall have to display on notice board, the name of Construction Agency along with
Engineer/Supervisor’s name to be contacted with Telephone nos. for lodging the complaints if any.
❖ Identity Cards mentioning their names have to be provided to each and every Staff working at site deployed by
the contractor for Special Repair Work.
❖ The agency should maintain safety precaution for labourers as well as properties of ESIC at site and any damage
to the ESIC property by any of the person engaged by Agency for Special Repair work during the damage will be
get repaired/replaced by Agency on their own expenditure.
❖ All the manpower engaged in above said work by contractor should be expert in their field of Special Repair
work under civil Category.
❖ The agency should maintain safety precaution for laborers.
❖ Inspection of electrical installation is intended primarily from fire safety considerations. Following aspects need
to be observed while conducting inspection and taking corrective action with due coordination with the users.
❖ All DBs should be only of MCB type.
❖ No temporary wiring should be allowed in the building in normal course.
❖ No bare / open wiring should exist over the flooring / wall without mechanical protection by a metallic conduit /
channel.
❖ CPWD/BIS/CEA guidelines must strictly be followed while the execution of the Electrical Works.
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ANNEXURE-C- I
INSTRUCTION TO THE TENDERERS
1. Tender form shall be completed in all respects. Incomplete tender or tender without E.M.D shall be treated as invalid. 2. Last date of submission of tender is 20/08/2020 up to 01:00 P.M. 3. Date and time of opening of tender is 20/08/2020 at 02:30 P.M. 4. Each and every page of the tender documents should bear the stamp and signature of the authorized representative/quoting firm. Format I to VIII enclosed shall be duly filled in without exception. 5. The envelope containing EMD in original must be sealed and bear the name of work and the name and address of the Bidders.
6. The work site i.e. UHTC, Sec-07, Faridabad can be visited on any working day during office hours by contacting
Engineers in order to have an exact Idea of Work.
7. Right of Acceptance/Rejection :- The Regional Director, Regional Office, ESIC, Haryana reserves the right to reject all or any tender in whole, or in part, without assigning any reason thereof and does not bind himself/herself to accept the lowest or any other tender. All the tenders in which the prescribed conditions are not fulfilled or any condition including those in which conditional rebate is put forth by the tenderer, shall be summarily rejected.
8. Conditional tenders are liable to be rejected. Delayed/ late tenders, for whatever reason, will not be accepted.
9. The tender for the work shall remain open for acceptance for a period of sixty days (60) from the date of opening of tender.
10. These instructions shall form a part of the contract document.
11. The EMD of unsuccessful bidders shall be refunded within one month after the award of work to the successful bidder.
12. Financial Bid: The financial bid of only those bidders will be opened who qualify in the technical bid.
13. Award of Work: - (i) The selection of the agency will be at the sole discretion of the ESIC who reserves its right to accept or reject any or all the proposals without assigning any reason whatsoever.
(ii) Upon evaluation of offers, the notification on award of contract will be intimated to the successful bidder.
14. EMD in original shall be deposited in the Tender Box kept in the Reception area (Ground Floor), in the office of Regional Director, Regional Office Faridabad on or before 20/08/2020, 01.00 PM at the following address:
O/o The Regional Director, Regional Office, ESI Corporation, Panchdeep Bhawan, Sector-16, Faridabad, Haryana- 121 002.
15. The contract with the agency who is unable to produce proof of payment of statutory dues will be terminated right away by giving one month’s written notice.
16. Agency/Firm already debarred/blacklisted by any of the ESIC Institution/Government Offices anywhere in India need not apply and bids submitted by them will be summarily rejected.
17. Agency will not employ any staff, transferred/terminated earlier by any service providing agency on the basis of
complaint by ESIC Institution/Hospital.
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ANNEXURE-C- II
INSTRUCTIONS TO THE TENDERERS
1. DEFINITIONS:
(a) "The Purchaser" means the Employees’ State Insurance Corporation Regional Office, Sector-16 Faridabad (ESIC).
(b) "The Bidder" means the individual or firm who participates in this tender and submits its bid.
(c) "The Supplier" means the individual or firm supplying the goods under the contract.
(d) "The Goods" means all the stores and/or materials, which the Supplier is required to supply to the Purchaser
under the contract.
(e) "The Work Order" means the order placed by the Purchaser on the Supplier signed by the Purchaser including
all attachments and appendices there to and all documents incorporated by reference therein. The purchase order
shall be deemed as “Contract" appearing in the document.
(f) "The Contract Price" means the price payable to the Supplier under the purchase order for the full and proper
performance of its contractual obligations.
2. COST OF BIDDING:
The bidder shall bear all costs associated with the preparation and submission of the bid. The Purchaser, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.
3. BID FORM:
The bidder shall complete the Bid Form and the appropriate Price Schedule furnished in the Bid Documents, indicating the goods to be supplied, a brief description of the goods and quantity.
4. BID DOCUMENTS:
4.1 The goods required, bidding procedures and contract terms are prescribed in the Bid Documents. The Bid
Documents include:
(a) Important Instructions for Bidders for online bid submission (as per ANNEXURE-A-I) (b) Notice Inviting Tender (as per ANNEXURE-A-II) (c) Scope of Work (as per ANNEXURE-B) (d) Instructions to the Bidder (as per ANNEXURE C- I & II) (e) General (Commercial) Conditions of the Contract (as per ANNEXURE-D) (f) Special Conditions of Contract (as per ANNEXURE-E) (g) Contract Agreement (as per ANNEXURE-F) (h) Details of Bidder (Format I) (i) Work Experience (Format II) (j) Declaration (Format III) (k) Undertaking (Format IV) (l) Check list and order in which the documents are to be submitted for Bid (Format V) (m) Details of Existing Contract (Format VI) (n) Letter of Authorization for attending bid opening (Format VII) - To be given to authorized person. (o) Certificate of Non-Participation of near relatives of ESIC in the – tender (Format VIII) (p) Integrity Pact- (Format-IX) (q) Form of Performance Security Bank Guarantee Bond (Format X) (r) Financial Bids
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4.2 The Bidders are required to examine and read all instructions, forms, terms and specifications in the Tender
Documents. For Bidders participating in tendering processes will be supposed that they have read all the tender
documents and its instructions, forms, terms and specifications etc. containing the Tender Documents and hereby
bidders have agreed upon all the Instruction, Terms & conditions containing the tender documents. Failure to
furnish all information required as per the Bid Documents or submission of bids not substantially responsive to the
Bid Documents in every respect will be at the bidder's risk and may result in rejection of the bid.
5. CLARIFICATION OF BID DOCUMENTS:
5.1 A prospective bidder, requiring any clarification of the Bid Documents shall notify the Purchaser in writing or by
Fax/mail at the Purchaser's mailing address indicated in the Invitation for Bids. The Purchaser shall respond in
writing to any request for clarification of the Bid Documents, which it receives not later than 7 days prior to the
date for the submission of bids. Copies of the query (without identifying the source) and clarifications by the
Purchaser shall be sent to all the prospective bidders who have received the bid documents.
5.2 Any clarification issued by ESIC Regional Office, Faridabad in response to query raised by prospective bidders
shall form an integral part of bid document and it may amount to an amendment of relevant clauses of bid
document. A copy of such clarification may be enclosed along with bid document for ready reference.
6. AMENDMENT OF BID DOCUMENTS:
6.1 At any time, prior to the date of submission of bids, the Purchaser may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective Bidder, modify the bid documents by
amendments.
6.2 The amendments shall be notified in writing or by Fax or by E-mail to all prospective bidders on the address
intimated at the time of purchase of bid document from the purchaser and these amendments will be binding on
them.
6.3 In order to afford prospective bidders reasonable time in which to take the amendments into account in
preparing their bids, the Purchaser may, at its discretion, extend the deadline for the submission of bids suitably.
7. BID PRICES:
7.1 The bidder shall give the total composite price inclusive of all levies and taxes. The offer shall be firm and fixed
and in Indian Rupees. No foreign exchange will be made available by the purchaser.
7.2 Bids shall be valid for 60 days from the last date of its submission.
7.3 The price accepted by the ESIC Regional Office, Faridabad for procurement will be inclusive of levies and taxes,
packing, forwarding, freight and insurance as mentioned in Para 7.1 above.
8. DOCUMENTS ESTABLISHING GOODS CONFORMITY TO BID DOCUMENTS:
8.1 The documentary evidence in conformity with the Bid Documents may be in the form of literature & data and
the bidder shall furnish a clause-by-clause compliance on the ESIC's Technical specifications and commercial
conditions demonstrating substantial responsiveness to the Technical Specification and commercial conditions in the
form of signing & stamping all the pages of the original bid document by the authorized person/persons. In
Case of deviations a statement of deviations and exceptions to the provision of the Technical Specifications and
commercial conditions shall be given by the bidder. A bid without clause-by-clause compliance shall not be
considered. The goods offered must have ability to meet the technical specifications. Necessary documents to
substantiate this shall have to be submitted along with the offer by the bidder.
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9. FORMATS AND SIGNING OF BID
9.1 The copy of the Bid shall be typed or printed and all the pages numbered consecutively and shall be signed and
stamped by the bidder or a person or persons duly authorized to bind the bidder to the contract. The letter of
authorization shall be accompanied with written power-of-attorney. All pages of the original bid shall be signed and
stamped by the person or persons authorized for signing the bid.
9.2 The bid documents shall contain no cutting, and overwriting except as necessary to correct errors made by the
bidder in which case such corrections shall be signed by the person or persons authorized for signing the bid.
10. SUBMISSION OF EMD
10.1
10.2 (a) the sealed envelope containing the EMD in original shall be addressed to the Purchaser at the following
address:
To,
The Regional Director
ESIC Regional Office, Faridabad
Panchdeep Bhawan, Sector- 16,
(Haryana-121002)
b) All the envelopes shall bear the Tender name, the tender number and the words ‘DO NOT OPEN BEFORE’ (due
date & time).
11. LATE SUBMISSION OF EMD:
11.1 Any EMD received by the Purchaser after the deadline for its submission as prescribed by the Purchaser shall be
rejected and returned unopened to the bidder and corresponding bids will be summarily rejected.
12. MODIFICATION AND WITHDRAWAL OF BIDS:
12.1 Central Public Procurement Portal for e-Procurement at https://eprocure.gov.in/eprocure/app be
referred to in this regard.
13. OPENING OF BIDS:
13.1 The purchaser shall open bids in the presence of bidders or their authorized representatives who
choose to attend on opening date and time. The bidder’s representatives, who are present, shall sign in an
attendance register. Authority letter to this effect shall be submitted by the representative before they are allowed
to participate in bid opening.
13.2 A maximum of two representatives for any bidder shall be permitted to attend the bid opening.
13.3 The date fixed for opening of bids, if subsequently declared as holiday by the ESIC, the revised date of schedule
will be notified. However, in absence of such notification, the bids will be opened in the next working day, time and
venue remaining unaltered.
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14. CLARIFICATION OF BIDS:
14.1 To assist in the examination, evaluation and comparison of bids, the Purchaser may, at its discretion, ask the
bidder for clarification of its bid. The request for clarification and the response shall be in writing. However, no post
bid clarification at the initiative of the bidder shall be entertained.
15. TECHNICAL EVALUATION:
15.1 Purchaser shall evaluate the bids to determine whether they are complete, whether any computational errors
have been made, whether required sureties have been furnished, whether the documents have been properly
signed and whether the bids are generally in order.
15.2 Prior to the detailed evaluation, pursuant, the Purchaser will determine the substantial responsiveness of each
bid to the Bid document. For purposes of these clauses, a substantially responsive bid is one, which conforms to all
the terms and conditions of the Bid Documents without material deviations. The Purchaser's determination of bid's
responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.
16. EVALUATION AND COMPARISION OF SUBSTANTIALLY RESPONSIVE BIDS:
16.1 The purchaser shall evaluate in detail and compare the bids previously determined to be substantially
responsive bids.
16.2 The evaluation and comparison of responsive bids shall be done on the price of the goods offered inclusive of
Levies & Taxes i.e. G.S.T & Excise Duty, packing, forwarding, freight and insurance etc. as indicated in the Price
Schedule given in the Bid Document.
16.3 The evaluation shall be done on L-1 (lowest bid) vendor of total Cost.
16.4 The Purchaser may waive any minor infirmity or non-conformity or irregularity in a bid which does not
constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any bidder.
17. PURCHASER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:
The Purchaser reserves the right to accept or reject all or any bid, and to annul the bidding process at any time prior
to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the
affected bidder or bidders on the grounds for the Purchaser's action.
18. SIGNING OF CONTRACT:
18.1 The issue of firm purchase Order and Signing of agreement with Competent Authority of ESIC, and Signing of
Contract Form shall constitute the award of contract to the bidder.
18.2 Consequent upon the successful bidder furnishing of Performance Security, the Purchaser shall discharge its
EMD submitted along with tender document.
19. ANNULMENT OF AWARD:
Failure of the successful bidder to comply with the requirement shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event the tender shall be cancelled and ESIC may call for new bids.
19.1 Purchaser reserves the right to disqualify the supplier for a suitable period who habitually failed to supply the goods in time. Further, the suppliers whose goods do not perform satisfactory in the field in accordance with the specifications may also be disqualified for a suitable period as decided by the purchaser.
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19.2 Purchaser reserves the right to blacklist a bidder for a suitable period in case he fails to honor his bid without sufficient grounds.
19.3. The bidder should give a certificate to the effect that none of his/her near relative is working in the ESIC in Format-VIII prescribed in the tender document. The Bidder or its authorized signatory should furnish certificate stating that none of the near relative of proprietor OR all partners of partnership firm excluding Government of India/ Financial institution nominees and independent non-Official part time appointed by Govt. of India or the Governor of the state is working in the unit where the tender is being applied. Due to any breach of these conditions by the company or firm or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed and ESIC Regional Office, Faridabad will not pay any damage to the company or firm or the concerned person. The company or firm or the person will also be debarred from further participation in the concerned unit.
The near relatives for this purpose are defined as: - (a) Members of a Hindu undivided family (HUF). (b) Husband and Wife. (c) If one is related to the other in the manner as Father, Mother, Son(s) & Son’s wife (daughter- in-law), Daughter(s) and Daughter’s husband (son-in-law), Brother(s) and Brother’s wife, Sister(s) and Sister’s husband (brother-in-law).
20. INTEGRITY PACT Bidders are required to sign Integrity Pact as per format in Format- IX of this tender document and has to abide by the conditions of this Integrity Pact and specific directions, if any, of the Committee to be nominated by the ESIC at a later stage. Bidder will upload the Integrity Pact signed by them only as 2nd party and ESIC will sign the Integrity Pact as Purchaser & 1st party after opening the bids at a later stage.
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ANNEXURE -D
GENERAL CONDITIONS OF CONTRACT
Definitions and Interpretation
1. Definitions
a) In the Contract (as hereinafter defined) the following words and expressions shall have the meanings hereby
assigned to them except where the context otherwise requires.
I. “Employer” means the ESIC and the legal successors in title to ESIC.
II. “Engineer” means the person appointed by ESIC to act as Engineer for the purposes of the Contract,
unless the context indicates the engineer of the contractor.
III. “Contractor” means an individual or firm (proprietary or partnership) whether incorporated or not, that
has entered into contract (with the employer) and shall include his/its heirs, legal representatives,
successors and assigns. Changes in the constitution of the firm, if any shall be immediately notified to the
employer, in writing and approval obtained for continued performance of the contract.
b)
I. “Contract” means these conditions, the Specification, the Bill of Quantities, the Tender, the Letter of acceptance, the Contract Agreement (if completed) and such further documents as may be expressly incorporated in the letter of Acceptance or Contract Agreement ( if completed).
II. “Specification” means the specification of the Works included in the Contract and any modification thereof.
III. “Drawings” means all the completion drawings, calculations and technical information of a like nature
provided by the Engineer to be Contractor under the Contract and all drawings, calculations, samples,
patterns, models, Operation and Maintenance manuals and other technical information of a like nature
submitted by the Contractor and approved by the Engineer.
IV. “Bill of Quantities” means the priced and complete bill of quantities forming part of the tender.
V. “Tender” means the Contractor’s priced offer to the Employer for the execution and completion of the
works and the remedying of any defects therein in accordance with the provisions of the Contract, as
accepted by the Letter of Acceptance. The word Tender is synonymous with “Bid “and the words “Tender
Documents” with “Bidding Documents”.
VI. “Letter of Acceptance” means the formal acceptance of the tender by ESIC.
VII. “Contract Agreement” means the contract agreement (if any) referred to in Sub Clause6 (viii) “Appendix to
Tender” means the appendix comprised in the form of Tender annexed to these Conditions.
(c) (i) “Commencement Date” means the date upon which the Contractor receives the notice to commence
the works.
(ii) “Time for completion” means the time period for which the contract of operation and Maintenance
has been awarded by the employer to the contractor.
(d) “Taking over Certificate” means a certificate issued by employer evidencing successful completion of the
awarded work.
(e) (I) “Contract Price” means the sum stated in the Letter of Acceptance as payable to the Contractor for the
execution and completion of the Works and the remedying of any defects therein in accordance with the provisions
of the Contract.
(ii) “Retention Money” means the aggregate of all monies retained by the Employer.
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(f) (i) “Works” means the Permanent Works and the Temporary Works or either of them to be executed in
accordance with the contract.
(ii) “Site” means the places provided by the Employer for Operation and Maintenance of UHTC, Sector-7,
Faridabad.
(Iii) “Cost “means all expenditure properly incurred or to be incurred, whether on or off the site,
including over head and other charges but does not include any allowance for profit.
2. ENGINEER OF THE ESI CORPORATION
Engineer’s Duties and Authority: - The Engineer shall carry out supervision as per Contract.
3. Custody and Supply of Drawings and Documents
The Drawings shall remain in the sole custody of the employer/Engineer, but copies as required thereof as per
availability in the record shall be provided to the Contractor free solely for the purpose of this contract.
4. Sufficiency of Tender
The Contractor shall be deemed to have based his Tender on the data made available by the employer and on his
own inspection and examination of this site conditions.
5. Contractor’s Employees
The Contractor shall provide on the site qualified and experienced technical staff in connection with the Works and
the remedy of any defects therein. The minimum staff shall be as per description of work mentioned in BOQ.
6. Engineer at Liberty to object.
The Engineer/Employer shall be at liberty to object to and require the contractor to remove forthwith from the
Works any person provided by the contractor who, in the opinion of the Engineer/Employer, misconducts himself, or
is in incompetent or negligent in the proper performance of his duties, or whose presence on Site is otherwise
considered by the Engineer/Employer to be undesirable, and such person shall not be again allowed upon the Works
without the consent of the Engineer. Any person so removed from the works shall be replaced as soon as possible
by a qualified person approved by the Engineers/Employer.
7. Safety, Security and Protection for the Environment
The Contractor shall look/ take care of throughout the execution and completion of the Works and the remedying of
any defects therein:
I. Have full regard for the safety of all persons entitled to be upon the Site and keep the Site ( so far as the
same is under his control) and the Works ( so far as the same are not completed or occupied by the
Employer) in an orderly state appropriate to the avoidance of danger to such persons, and
II. Provide and maintain at his own cost all warning signs and watching, when and where necessary or
required, by the Engineer or by any duly constituted authority for the protection of the Works or for the
safety and convenience of the public or others, and
III. Take all reasonable steps to protect the environment on and off the Site and to avoid damage or nuisance to
persons or to property of the public or others resulting from pollution, noise or other causes arising as a
consequence of his methods of Installation Work.
(a) Insurance of work by the Contractor for his liability:
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(i) During the Operation and Maintenance period, for losses or damages to the property and life arising
from a cause for which contractor is responsible.
(ii) For losses or damages occasioned by the Contractor in the course of any Repairs carried out by him for
the purpose of complying with his obligations.
It shall be sole responsibility of contractor to notify the Insurance Company of any change in the nature and extent
of the works and to ensure the adequacy of the equipment is insured by ESIC at all times during the period of
contract.
8. Damage to Persons and Property
The Contractor shall, except if and so far as the Contract provides otherwise, indemnify the Employer against all
losses and claims in respect of:
(a) Death or injury to any person,
or
(b) Loss or damage to any property (other than the Works):Which may arise out of or in consequence of the
Operation and Maintenance of the Works and the remedying of any defects therein, and against all claims,
proceedings, damages, costs, charges and expenses whatsoever in respect thereof.
9. Accident or injury to Workmen:
The Employer shall not be liable for any damages or compensation payable to any workman for death or injury
resulting from any act or default of the contractor. The Contractor shall indemnify and keep indemnified the
Employer against all such damages and compensation and expenses whatsoever in respect thereof or in relation
thereto.
10. Evidence and Terms of Insurance:
The Contractor shall take appropriate insurance to cover his work and workers and staff employed by him fully. The
contractor shall provide evidence to the Engineer/Employer as soon as practicable after the respective insurance
have been taken but, in any case, prior to the start of work at the Site that insurance required under the Contract
have been in effect.
11. Compliance with Statutes, Regulations:
The Contractor shall conform in all respects, including publication of notices and the payment of all fees, with the
provision of:
a. Any National or State Statute, ordinance, or other law, or any regulation, or bye-law of any local or other duly
constituted authority in relation to the execution and completion of the works and the remedying of any defects
therein, and
b. The rules and regulations of all public bodies and companies whose property or rights are affected or may be
affected in any way by the works, and the Contactor shall keep the Employer indemnified against all penalties and
liability of every kind for breach of any such provision.
c. Any changes required for approval due to revision of the local laws.
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12. Period of Contract:
The Partitioning of temporary structure along with electrical fittings Work shall be for a period of one month, as
mentioned in the work order and shall start from the date issue of letter of award.
13. Extension of Time for Completion:
No extension is permissible from the ESIC at any cost, except for any unavoidable circumstances, cause of which
shall be provided by the contractor in writing well in advance, and in that case, the plea for the time period
extension shall be considered if the competent authority satisfies with the cause provided.
14. Defect identification and its rectifications:
The Contractor shall arrange itself to do the repair / replacement work in the special repair works executed in case
of any defects, whether manufacturing defects, or defects incurred while installation/testing/commissioning or any
other defect for a period of 12 months from the date of the repair work. I.e., Defect Liability period shall be 12
months from the date of execution of the works i.e., Partitioning of temporary structure along with electrical
fittings for UHTC in Sector-07, Faridabad. The contractor shall rectify at his own expenses any defect in the work
carried out by him during this (DLP) period. On failure of the contractor to do so, the same shall be completed by
the employer at the risk and cost of the contractor.
15. Liquidated damages for delay.
If the Contractor fails to do the installation work in the given contract period and if in the opinion of Engineer-in-
charge, the delay is on the part of the agency, the employer can impose liquidated damages on the contractor as
detailed in the particular conditions. This will be over and above the punitive deduction of Rs. 1000/- (One thousand
only) per day of lapse measured from the contract period ending date, as mentioned in the letter of award or similar
letter(s).
MEASUREMENT
16. Works to be measured
The Engineer shall determine by measurement the value of actual work done in accordance with the Contract and
the Contractor shall be paid proportionately. Partial payment shall be made for any part of BOQ items not fully
executed. Engineer shall be at liberty to decide the breakup of Lump Sum items and to decide the part rate for any
particular item. In case over- time working of staff under item no. 1 is required, specific permission of Authorized
Officer/ Engineer is to be obtained. Payment to be made at applicable overtime rates to the concerned employee
performing over-time duty.
17. Method of Measurement
The works shall be measured net, notwithstanding any general or local custom, except where otherwise provided in
the Contract.
CERTIFICATES AND PAYMENTS
18. Monthly Statements
The contractor will submit a bill in 3 copies to the Construction Branch after completion of the work, showing the
amounts to which the Contractor Considers himself to be entitled. The bill must be supported by the following
documents:-
Note: - All abovementioned Documents should be self attested and stamped through authorize person appointed by contractor or Contractor himself and without signed and stamped documents will not be considered as part of
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submitted bill, hence will be invalid for further process. Such delay in submission of documents will be on part of Contractor
19. Deduction of Income Tax
The amount to be deducted towards the advance income tax shall be at the applicable rates. 20. Monthly Payments After submission of the bill complete in all respects by the contractor, Maintenance-in-charge shall check the bill
with the help of Engineers and supporting staff and certify for payment within 15 days.
21. Performance Guarantee
Within one week of award of work, the Contractor shall submit a Performance Security for proper performance of
the contract in the format enclosed as Format- X (Bank Guarantee) @5% of Total Quoted Amount. The
performance guarantee shall be valid for the duration of the defect liability period plus 60 days. The Defect Liability
period in this case is Twelve (12) months from the date of the completion of the work.
The performance security can be encashed by the Employer to recover any amount which is payable by the
contractor to the Employer on any account arising out of the contract.
The Performance Security Bond will be discharged by the employer after a period of sixty days beyond
completion of the supplier’s performance obligations including any warranty obligations under the contract.
22. Default of Contractor
If the performance of the contract is not found satisfactory and not corrected within 15 days of receiving notice,
then Employer shall be at liberty to terminate the contract and get the work executed through other means at the
risk and cost of the Contractor.
23. Payment on Termination
In the event of termination of the contract, employer shall be at liberty to get balance work done at the risk and cost
of the contractor and due payment of the contractor, if any, shall be released after the completion of whole of the
works.
24. Amicable Settlement of Dispute
Contractor and Employer shall use their best efforts to settle amicably all disputes arising out of or in connection
with this contract or the interpretation thereof.
25. Arbitration
Any dispute and differences relating to the meaning of the specifications, designs, drawings and instructions herein
before mentioned and as to the quality of workmanship of materials used in the work or as to any other question,
claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings,
specifications, estimates, instructions or these conditions or otherwise concerning the works or the execution or
failure to execute the same whether arising during the progress of the work or after the completion or
abandonment thereof in respect of which: - amicable settlement has not been reached shall be referred to the
Arbitration of the Regional Director, ESIC Regional Office, Faridabad who shall proceed as per the Arbitration &
Conciliation Act, 1996.
25.1. The work under the contract shall continue, during the arbitration proceedings.
25.2. The award of the arbitrator shall be final, conclusive and binding on both the parties.
26. SET OFF
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Any sum of money due and payable to the bidder (including security deposit refundable to him) under this contract
may be appropriated by the employer and set off against any claim of the Employer or ESIC or such other person or
person(s) for payment of a sum of money arising out of this contract or under any other contract made by the
supplier with the employer or ESIC or such other person(s) contracting through the ESIC.
27. Contractor’s Superintendence
Throughout the currency of works and as long thereafter as is necessary to fulfill the Contractor’s obligations, the
Contractor shall provide all necessary superintendence and assistance to plan, arrange, direct, manage, inspect and
test the works. The operations to be carried out by the Contractor in connection with the work shall be such as not
to cause any kinds of accidents in the building and the campus and inconvenience to hospital users in any manner.
28. Contractor’s Personnel
The workmen including supervisory personnel deployed by the Contractor shall be appropriately qualified, skilled
and experienced in their respective trades or occupations. ESIC may require the Contractor to remove (or cause to
be removed) any person employed on the Site or Works, including Contractor’s Representative, if applicable, who:
a) Persists in any misconduct or lack of care or unruly / inhuman behavior
b) Carried out duties incompetently or negligently,
c) Fails to conform with any provisions of the Contract, or
d) Persists in any conduct which is prejudicial to safety, health or the protection of environment Upon such
requirement, the Contractor shall appoint (or cause to be appointed) a suitable replacement person.
29. Disorderly Conduct
The Contractor shall at all times take all required reasonable precautions to prevent any unlawful, riotous or
disorderly conduct by or amongst the Contractor’s personnel, and to preserve peace and protection of persons and
property on and near the site or even adjacent to it.
30. Manner of Execution
The Contractor shall carry out the work:
a) In the manner (if any) specified in the Contract
b) Efficiently, diligently and in a proper workmanlike and careful manner, in accordance with generally
accepted professional techniques and good practices.
c) Observe sound management practices, and employ advanced technology and safe and effective
equipment, materials and methods; and
d) With properly equipped facilities and non – hazardous Materials, except as otherwise specified in the
Contract.
The Contractor shall be liable for any loss or damage caused by any actions performed by the Contractor under this
Contract.
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ANNEXURE-E
SPECIAL CONDITIONS OF CONTRACT
1. The ESIC (Regional Office, Faridabad) is liable to follow any instructions/Circulars issued by ESIC Headquarter
and so is the Contractor.
2. Any goods found defective after purchase/installation should be replaced free of cost to the satisfaction of
ESI authorities failing which the cost will be deducted from /Performance Guarantee furnished by the
selected vendor.
3. Award of contract will be issued to that bidder who is found to be acceptable on basis of evaluation based
on all instructions, forms, terms and specifications in the Technical and Financial Bid Documents by ESI
Corporation, Regional Office, Faridabad.
4. The agreement shall be in force for a period of one month (01 Month). Competent Authority (ESIC Regional
Office, Faridabad) has all rights reserve to terminate the contract within the contract period on his own
discretion if the Contractor violates any of the Contract Agreement or Terms & Condition mentioned into
the Tender document/Contact Agreement.
5. The bid security/Performance security deposit of the bidder would be forfeited, in case he refuses to honor
the letter of intent/Work Order issued by the ESIC Regional Office, Faridabad for supply of the materials.
6. Selected bidder has to execute an agreement in the prescribed Performa (Performance Security Bond Form
Format-X) and Agreement on a non-judicial bond paper of value not less than Rs.100/-(Hundred rupees
Only) for Partitioning of temporary structure along with electrical fittings for UHTC in Sector-07, Faridabad,
as per the intent of the of ESIC Regional Office, Faridabad.
7. CPWD specifications shall be followed. Wherever CPWD specifications is not available, BIS/NBC
guidelines/Engineering practices as directed by the Engineer shall be followed.
8. The Contractor shall ensure that the normal functioning of ESIC activity is not affected as far as possible.
9. The Contractor shall ensure that the staff (engaged by Contractor) is qualified and licensed for their part of
work. The Contractor shall be responsible for their conduct. In case of any misconduct or indisciplinary act
by the staff, the staff himself and the Contractor shall be deemed responsible for the same and contractor
has to take appropriate action which may include termination from his job in consultation with ESIC
staff/Engineer-in-charge.
10. In case of damage of property in the ESIC campus caused during the installation activity, suitable recovery
may be made from contractor as decided by Engineer-in-charge or authorized person by competent
authority.
11. The contractor shall ensure safety of his workers and others at the site of work and shall be responsible for
any consequence arising out of execution of the work.
12. When instructed to do so, the contractor shall ensure proper record keeping and storing of irreparable/dismantled material.
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ANNEXURE-F
CONTRACT AGREEMENT
This CONTRACT (hereinafter called the “Contract”) is made on the ……………. day of the month of
____________________ between Regional Director, Regional Office, Employees' State Insurance
Corporation, Panchdeep Bhavan, Faridabad, Sec-16 on the one hand (hereinafter called the Employer) and
on the other hand ………………………………………….(hereinafter called the Contractor).
WHEREAS
The Employer has accepted the offer of the contractor to provide “Partitioning of temporary structure along with electrical fittings for UHTC in Sector-07, Faridabad.” AND WHEREAS the Contractor, having represented to the Employer that they have the required professional skills, personnel and technical resources, have agreed to provide the services and execute the works on the terms and conditions set forth in this Contract Agreement. Now therefore the parties hereto/hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this contract:
(a) Notice Inviting Tender (as per ANNEXURE-A-I) (b) Scope of Work (as per ANNEXURE-B) (c) Instructions to the Bidder (as per ANNEXURE C- I & II) (d) General (Commercial) Conditions of the Contract (as per ANNEXURE-D) (e) Special Conditions of Contract (as per ANNEXURE-E) (f) Contract Agreement (as per ANNEXURE-F) (g) Details of Bidder (Format I) (h) Work Experience (Format II) (i) Declaration (Format III) (j) Undertaking (Format IV) (k) Check list and order in which the documents are to be submitted for Bid (Format V) (l) Details of Existing Contract (Format VI) (m) Letter of Authorization for attending bid opening (Format VII) - To be given to authorized person. (n) Certificate of Non-Participation of near relatives of ESIC in the – tender (Format VIII) (o) Integrity Pact- (Format-IX) (p) Form of Performance Security Bank Guarantee Bond (Format X) (q) Financial Bids
2. The mutual rights and obligations of the Employer and the Contractor shall be as set forth in the contract in particular: ❖ The Contractor shall carry out the services in accordance with the provisions of the contract and, ❖ The Employer shall make payments to the contractor in accordance with the provisions of the contract. ❖ The performance Guarantee for amounting to Rs. …………../-in the form of ……….. in favour of ESI Fund
A/C No.1 shall be the part of this contract.
3. The Contract value of the Agreement is Rs………………../-
4. Work Order issued vide letter No. No. ………………………………………………,
dt…………………. for Rs. ……………………./- (Rupees …………………………………………………………….), shall be the
part of this contract.
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In witness whereof, the parties hereto have caused this contract to be signed in their
respective names as of the day and year first above written.
Signature and Seal of Contractor
Regional Director, Dated ……………… at ___________ Employees' State Insurance Corporation,
Panchadeep Bhavan, Sec-16, Faridabad ,Haryana. Pin-121002
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FORMAT- I
DETAILS OF TENDERER
Name of Work: Partitioning of temporary structure along with electrical fittings for UHTC in Sector-07,
Faridabad.
1 NAME OF TENDERING COMPANY / FIRM / TENDERER:
2 NAME OF OWNER / DIRECTORS / PROPRIETOR:
3 FULL PARTICULARS OF OFFICE:
(a) Address:
(b) Telephone No.:
(c) Fax No.:
(d) E-Mail Address
4 FULL PARTICULARS OF THE BANKERS OF COMPANY / FIRM /.
(a) Name of the Bank:
(b) Address of the Bank:
(c) Telephone No.
(d) Fax No.:
(e) E-Mail Address:
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5 REGISTRATION DETAILS:
(a) PAN / TAN No:
PAN- TAN-
(b)Goods & Service Tax Registration No.
(c) E.P.F. Registration No.
(d) E.S.I. Registration No.:
6 DETAILS OF EARNEST MONEY DEPOSIT:
(a) Amount (Rs.):
(b) D.D. No. Date:
(c) Drawn on Bank:
(d) Valid up to:
The above format may be used to provide requisite details
Date:
Place:
Name: Seal: Signature of Tenderer
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FORMAT- II
DETAILS OF COMPLETED CONTRACT
(Experience of similar nature of works completed during last seven years proceeding March, 2020 and ongoing
works) Use separate sheet for each work.
1. Name of the work/ Project Name
2. Name of the Client and Address
3. Describe Specific Work done/ Services rendered by the applicant
4. Period of Work Done/Services rendered for the project
5. Total cost of work
6. Date of start of the work and the present status
7. Any other details
NOTE:
Supporting documents like certificates from the clients in support of each of the above projects to be furnished.
Signature of Contractor
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FORMAT -III
DECLARATION
1. I ………………………………………….……………………………. Son / Daughter of Shri …………………………………………...
.............................................Proprietor / Partner / Director / Authorized Signatory of ...…………………....
.......................................am competent to sign this declaration and execute this tender document.
2. I have carefully read and understood all the terms and conditions of the tender and hereby convey my
acceptance of the same.
3. The information / documents furnished along with the above application are true and authentic to the best of my
knowledge and belief. I / we, am / are well aware of the fact that furnishing of any false information / fabricated
document would lead to rejection of my tender at any stage besides liabilities towards prosecution under
appropriate law.
Signature of Authorized Person:-
Date:______________________ Full Name:_____________________________
Place:______________________ Company’s Seal:________________________
Note: The above declaration, duly signed and sealed by the authorized signatory of the company, should be
enclosed with Technical tender.
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FORMAT-IV
(TO BE TYPED ON A LETTER HEAD)
UNDERTAKING
To,
The Regional Director
ESIC Regional Office, Faridabad
Panchdeep Bhawan, Sector- 16,
Haryana – 121002
Subject: Partitioning of temporary structure along with electrical fittings for UHTC in Sector-07,
Faridabad.
Sir,
1. I/We hereby agree to abide by all terms and conditions laid down in tender document.
2. This is to certify that I/We before signing this bid have read and fully understood all the terms and conditions and
instructions contained therein and undertake myself/ourselves abide by the said terms and conditions.
3. I/We abide by the provisions of Income Tax return/and other statutory provisions like Goods and Service tax
(GST), from time to time.
4. I/We do hereby undertake that execution of work of Partitioning of temporary structure along with electrical
fittings for UHTC in Sector-07, Faridabad.
5. I/We do hereby undertake that in case agency is unable to prove by documentary evidence compliance regarding
ESI Act, EPF Act, Minimum Wage Act, Goods & Service Tax Act any other Act as applicable, the ESIC shall be at liberty
to terminate the contract at any time.
6. I/We do hereby undertake that our Agency / Firm is never debarred/ blacklisted by any of the ESIC Institution /
Office anywhere in India.
(Signature of the Bidder)
Name and Address of the Bidder:-
Telephone No.:
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FORMAT - V
CHECK LIST OF THE DOCUMENTS TO BE SUBMITTED & UPLOADED WITH THE TENDER
S. No
Items Confirm with indicate the page number
1 EMD in the form of Bank Draft for Rs. 12,000/-
2 Copy of Tender Document should be signed and stamped and serial numbered on all pages.
3 Copy of PAN Card,
4 Certificate of Incorporation/ Registration Certificate of Firm/ Memorandum and Articles of Association/Partnership Deed/ Proprietorship Deed/ Declaration of Proprietorship etc.
5 Average Annual Financial Turn Over during the immediate last three consecutive financial years (i.e. 2016-17, 2017-18 & 2018-19), which should be at least 30% of the value of work to be executed (copies of balance sheets signed by Chartered Accountant.
6 GST registration certificate with Latest Challan
7 Filled Format- I to VIII,
8 Copy of Integrity Pact (Format- IX),
9 Documents in support running work experience during last Seven years of prescribed value,
10 Certificate of Satisfactory work completion from previous organizations during last Seven years,
11 Self certificate that Firm indicted for any criminal, fraudulent or anti competition activity and has not been debarred/ blacklisted by any of the ESIC Institution / Office anywhere in India.
12 Registration certificate of the firm under Contract Labour (Regulation & Abolition) Act 1970 Contract Labour Central Rule (Regulation & Abolition) 1971 or undertaking for obtaining Labour License if qualified in financial Bid.
13 Valid License copy for Civil Works and for Electrical works (HT/LT)
Signature of Authorized Person
Date: Full Name:
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FORMAT– VI
DETAILS OF THE EXISTING CONTRACTS:
Sr. No.
Name and Address of the Organization, Name, Designation and
Contact Telephone / Fax No. of the Officer concerned
Details of regarding
the Contract
Value of Contract
(Rs.)
Duration of Contract
From
To
DD/MM/YYYY
DD/MM/YYYY
A
B
C
D
Additional information, If any
The above format may be used to provide requisite details.
Signature of Bidder:
Date: Name:
Place: Seal:
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FORMAT - VII
LETTER OF AUTHORISATION FOR ATTENDING BID OPENING
(To reach on or before time of bid opening) To
The Regional Director
ESIC Regional Office, Faridabad
Panchdeep Bhawan, Sector- 16,
Haryana – 121002
Subject: Authorization for attending bid opening on____________________________________ (date) in the
Tender of_____________________________________________________________.
Following persons are hereby authorized to attend the bid opening for the tender mentioned above
on behalf ________________________________________________________ (Bidder) in order of preference
given below.
Order of Preference
Name Specimen Signatures
I.
II.
Alternate Representative Signature of Bidder or Officer authorized to sign the bid Documents on behalf of the Bidder Note:
1. Maximum of two representatives will be permitted to attend bid opening. In case where entry is
restricted to one, first preference will be allowed. Alternate representative will be permitted when
regular representatives are not able to attend.
2. Permission for entry to the hall where bids are opened may be refused in case authorization as
prescribed above is not received.
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FORMAT - VIII
(TO BE TYPED ON A LETTER HEAD OF THE AGENCY)
UNDERTAKING
CERTFICATE
Certificate of Non-Participation of near Relatives in the tender I_____________________________________________, S/O__________________________________________________, R/O
_________________________________________________________hereby certify that none of my relative(s) is/are
employed in ESIC as per details given in tender document. In case at any stage, it is found that the
information given by me is false/ incorrect, ESIC Regional Office, Faridabad shall have the absolute right
to take any action as deemed fit/without any prior intimation to me.
Signed______________________________________ For and on behalf of the Bidder
Name (caps)_______________________________ Position_____________________________________ Date_________________________________________
To,
The Regional Director
ESIC Regional Office, Faridabad
Panchdeep Bhawan, Sector- 16,
Haryana – 121002
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FORMAT-IX
INTEGRITY PACT
(TO BE TYPED ON A LETTER HEAD)
To, The Regional Director
ESIC Regional Office, Faridabad
Panchdeep Bhawan, Sector- 16,
Haryana – 121002
Subject: Partitioning of temporary structure along with electrical fittings for UHTC in Sector-07,
Faridabad.
Sir,
1. I / We acknowledge that ESIC is committed to follow the principles thereof as enumerated in the Integrity Agreement enclosed with the tender / bid document.
2. I / We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on the condition that I/We will sign the enclosed integrity Agreement, which is an integral part of tender documents, failing which I / We will stand disqualified from the tendering process. I / We acknowledge that THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.
3. I / We confirm acceptance and compliance with the Integrity Agreement in letter and spirit and further
agree that execution of the said Integrity Agreement shall be separate and distinct from the main contract, which will come into existence when tender / bid is finally accepted by ESIC. I / We acknowledge and accept the duration of the Integrity Agreement, which shall be in the line with Article – 1 of the enclosed Integrity Agreement.
4. I / We acknowledge that in the event of my / our failure to sign and accept the Integrity Agreement, while
submitting the tender / bid, ESIC shall have unqualified, absolute and unfettered right to disqualify the tenderer / bidder and reject the tender / bid in accordance with terms and conditions of the tender / bid.
(Signature of the Bidder)
Name and Address of the Bidder.
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(INTEGRITY PACT DOCUMENT)
(To be executed on plain paper and signed by the bidders as 2nd part before uploading as bid document. ESIC as 1st
part will sign this IP at later stage after opening of bids)
PRE-CONTRACT INTEGRITY PACT
General
1. This pre bid-contract Agreement (hereinafter called the Integrity Pact) is made on ………the day of the month of
………..year ……………. Between on one hand of Employees State Insurance Corporation (ESIC) under the
administrative control of Ministry of Labour and Employment, Government of India acting through (hereinafter
called the “BUYER” which expression shall mean and include, unless the context otherwise requires his successors in
office and assigns) of the First Part and M/s
_______________________________________________________________________, represented by,
____________________________________________ Chief Executive Officer (hereinafter called the
“BIDDER/SELLER” which expression shall mean and include, unless the context otherwise requires his successors in
office and assigns) of the Second Part. WHEREAS the BUYER proposes to procure ………………………………services (Name
of Items to be procured) and the Bidder/Seller is willing to offer/has offered the stores/services.
2. Whereas the Bidder is a private company/ public company/ partnership/ proprietorship constituted in accordance
with the relevant law in the matter and the Buyer is a ____________________________________________
performing its functions on behalf of _________________________of India.
Objectives
3. Now, therefore, the Buyer and the Bidder agree to enter into this pre - contract agreement, hereinafter referred
to as Integrity Pact, to avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/unprejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into
with a view to:-
3.1 Enabling the Buyer to obtain the desired said stores at a competitive price in conformity with the defined
specifications of the Services by avoiding the high cost and the distortionary impact of corruption on public
procurement, and
3.2 Enabling bidders to abstain from bribing or any corrupt practice in order to secure the contract by providing
assurance to them that their competitors will also refrain from bribing and other corrupt practices and the Buyer will
commit to prevent corruption, in any form, by their officials by following transparent procedures.
Commitments of the Buyer
4. The Buyer Commits itself to the following:-
4.1 The Buyer undertakes that no official of the Buyer, connected directly or indirectly with the contract, will
demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward,
favour or any material or immaterial benefit or any other advantage from the Bidder, either for themselves or for
any person, organization or third party related to the contract in exchange for an advantage in the bidding process,
bid evaluation, contracting or implementation process related to the Contract.
4.2 The Buyer will, during the pre-contract stage, treat all Bidders alike, and will provide to all Bidders the same
information and will not provide any such information to any particular Bidder which could afford an advantage to
that particular Bidder in comparison to other Bidders.
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4.3 All the officials of the Buyer will report to the appropriate Government office any attempted or completed
breaches of the above commitments as well as any substantial suspicion of such a breach.
5. In case of any such preceding misconduct on the part of such official(s) is reported by the Bidder to the Buyer with
full and verifiable facts and the same is prima facie found to be correct by the Buyer, necessary disciplinary
proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the Buyer and
such a person shall be debarred from further dealings related to the contract process. In such a case while an
enquiry is being conducted by the Buyer the proceedings under the contract would not be stalled.
Commitments of Bidders
6. The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair means and illegal
activities during any stage of his bid or during any pre-contract or post-contract stage in order to secure the contract
or in furtherance to secure it and in particular commits himself to the following:-
6.1 The Bidder will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any
material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the
Buyer, connected directly or indirectly with the bidding process, or to any person, organization or third party related
to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the
Contract.
6.2 The Bidder further undertakes that he has not given, offered or promised to give, directly or indirectly any bribe,
gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees,
brokerage or inducement to any official of the Buyer or otherwise in procuring the Contract or forbearing to do or
having done any act in relation to the obtaining or execution of the Contract or any other Contract with the
Government for showing or forbearing to show favour or disfavor to any person in relation to the Contract or any
other Contract with the Government.
6.3 The Bidder will not collude with other parties interested in the contract to impair the transparency, fairness and
progress of the bidding process, bid evaluation, contracting and implementation of the contract.
6.4 The Bidder will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.
6.5 The Bidder further confirms and declares to the Buyer that the Bidder is the original
manufacturer/integrator/authorized government sponsored export entity of the defense stores and has not
engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to
recommend to the Buyer or any of its functionaries, whether officially or unofficially to the award of the contract to
the Bidder, nor has any amount been paid, promised or intended to be paid to any such individual, firm or company
in respect of any such intercession, facilitation or recommendation.
6.6 The Bidder, either while presenting the bid or during pre-contract negotiations or before signing the contract,
shall disclose any payments he has made, is committed to or intends to make to officials of the Buyer or their family
members, agents, brokers or any other intermediaries in connection with the contract and the details of services
agreed upon for such payments.
6.7 The Bidder shall not use improperly, for purposes of competition or personal gain, or pass on to others, any
information provided by the Buyer as part of the business relationship, regarding plans, technical proposals and
business details, including information contained in any electronic data carrier. The Bidder also undertakes to
exercise due and adequate care lest any such information is divulged.
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6.8 The Bidder commits to refrain from giving any complaint directly or through any other manner without
supporting it with full and verifiable facts.
6.9 The Bidder shall not instigate or cause to instigate any third person to commit any of the actions mentioned
above.
7. Previous Transgression
7.1 The Bidder declares that no previous transgression occurred in the last three years immediately before signing of
this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder
or with any Public Sector Enterprise in India or any Government Department in India that could justify bidder’s
exclusion from the tender process.
7.2 If the Bidder makes incorrect statement on this subject, Bidder can be disqualified from the tender process or
the contract, if already awarded, can be terminated for such reason.
8. Earnest Money/Security Deposit
8.1. Every bidder, while submitting commercial bid, shall deposit an amount* as specified in the Tender Document
as Earnest Money/Security Deposit, with the buyer through any of the following instruments:-
Bank Draft in favour of the “ESIC Fund A/C No.- 1” Payable at Faridabad.
8.2. The Earnest Money/Security Deposit shall be valid till the complete conclusion of contractual obligations to
complete satisfaction of both the bidder and the buyer, whichever is later.
8.3 In the case of successful bidder a clause would also be incorporated in the Article pertaining to Performance
Bond in the Purchase Contract that the provisions of Sanctions for Violation shall be applicable for forfeiture of
Performance Bond in case of a decision by the Buyer to forfeit the same without assigning any reason for imposing
sanction for violation of this pact.
8.4 The provisions regarding Sanctions for Violation in Integrity Pact include forfeiture of Performance Bond in case
of a decision by the Buyer to forfeit the same without assigning any reason for imposing sanction for violation of
Integrity Pact.
8.5 No interest shall be payable by the Buyer to the Bidder(s) on Earnest Money/Security Deposit for the period of
its currency.
9. Company Code of Conduct
9.1 Bidders are also advised to have a company code of conduct (clearly rejecting the use of bribes and other
unethical behaviour) and a compliance program for the implementation of the code of conduct throughout the
company.
10. Sanctions for Violation
10.1 Any breach of the aforesaid provisions by the Bidder or any one employed by him or acting on his behalf
(whether with or without the knowledge of the Bidder) or the commission of any offence by the Bidder or any one
employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention
of Corruption Act 1988 or any other act enacted for the prevention of corruption shall entitle the Buyer to take all or
any one of the following actions, wherever required:-
(i) To immediately call off the pre-contract negotiations without assigning any reason or giving any compensation to
the Bidder.
However, the proceedings with the other Bidder(s) would continue.
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(ii) The Earnest Money/Security Deposit/Performance Bond shall stand forfeited either fully or partially, as decided
by the Buyer and the Buyer shall not be required to assign any reason therefore.
(iii) To immediately cancel the contract, if already signed, without giving any compensation to the Bidder.
(iv) To recover all sums already paid by the Buyer, and in case of an Indian Bidder with interest thereon at 2% higher
than the prevailing Prime Lending Rate, while in case of a Bidder from a country other than India with interest
thereon at 2% higher than the LIBOR. If any outstanding payment is due to the Buyer from the Bidder in connection
with any other contract for any other stores, such outstanding payment could also be utilized to recover the
aforesaid sum and interest.
(v) To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the Bidder, in
order to recover the payments, already made by the Buyer, along with interest.
(vi) To cancel all or any other Contracts with the Bidder.
(vii) To debar the Bidder from entering into any bid from the Government of India for a minimum period of five
years, which may be further extended at the discretion of the Buyer.
(viii) To recover all sums paid in violation of this Pact by Bidder(s) to any middleman or agent or broker with a view
to securing the contract.
(ix) If the Bidder or any employee of the Bidder or any person acting on behalf of the Bidder, either directly or
indirectly, is closely related to any of the officers of the Buyer, or alternatively, if any close relative of an officer of
the Buyer has financial interest/stake in the Bidder’s firm, the same shall be disclosed by the Bidder at the time of
filing of tender. Any failure to disclose the interest involved shall entitle the Buyer to rescind the contract without
payment of any compensation to the Bidder.
The term ‘close relative’ for this purpose would mean spouse whether residing with the Government servant or not,
but not include a spouse separated from the Government servant by a decree or order of a competent court; son or
daughter or step son or step daughter and wholly dependent upon Government servant, but does not include a child
or step child who is no longer in any way dependent upon the Government servant or of whose custody the
Government servant has been deprived of by or under any law; any other person related, whether by blood or
marriage, to the Government servant or to the Government servant’s wife or husband and wholly dependent upon
Government servant.
(x) The Bidder shall not lend to or borrow any money from or enter into any monetary dealings or transactions,
directly or indirectly, with any employee of the Buyer, and if he does so, the Buyer shall be entitled forthwith to
rescind the contract and all other contracts with the Bidder. The Bidder shall be liable to pay compensation for any
loss or damage to the Buyer resulting from such rescission and the Buyer shall be entitled to deduct the amount so
payable from the money(s) due to the Bidder.
(xi) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Buyer
with the Bidder, the same shall not be opened.
10.2 The decision of the Buyer to the effect that a breach of the provisions of this Integrity Pact has been committed
by the Bidder shall be final and binding on the Bidder, however, the Bidder can approach the monitor(s) appointed
for the purposes of this Pact.
11. Fall Clause
The Bidder undertakes that he has not supplied/is not supplying the similar systems or subsystems at a price lower
than that offered in the present bid in respect of any other Ministry/Department of the Government of India and if it
is found at any stage that the similar system or sub-system was supplied by the Bidder to any other
Ministry/Department of then Government of India at a lower price, then that very price will be applicable to the
present case and the difference in the cost would be refunded by the Bidder to the Buyer, if the contract has already
been concluded.
12. Examination of Books of Accounts
In case of any allegation of violation of any provisions of this Integrity Pact or payment of commission, the Buyer or
its agencies shall be entitled to examine the Books of Accounts of the Bidder and the Bidder shall provide necessary
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information of the relevant financial documents in English and shall extend all possible help for the purpose of such
examination.
13. Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the Buyer i.e. Faridabad
(Haryana) or as decided by the BUYER.
14. Other Legal Actions
The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in
accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.
15. Validity
15.1 The validity of this Integrity Pact shall be from date of its signing and extend up to 5 years or the complete
execution of the contract to the satisfaction of both the Buyer and the Bidder/Seller, whichever is later.
15.2 Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact remains valid. In
this case, the parties will strive to come to an agreement to their original intentions.
16. Both the parties signing this integrity pact shall be abided by the provisions of this pact and will follow the
guidelines of independent external monitors or any other monitoring committee nominated by the competent
authority for the purpose at any stage.
17. The Parties hereby sign this Integrity Pact at __________ on ______________ .
ESIC R.O, FARIDABAD (1st Party) BIDDER (2nd Party)
Witness Witness
1. ___________________ 1. ____________________
2. ___________________ 2. ____________________
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FORMAT - X
FORM OF PERFORMANCE SECURITY BANK GUARANTEE BOND
1. In consideration of the ESIC Regional Office, Faridabad having agreed under the term and conditions of the Agreement No.- ……………………… dated ……………………….made between ESIC Regional Office, Faridabad and Second Party (hereinafter the said Construction Agency ………………………………………..…………………… ……………………………………………….………………………………….. for the work …………………...here in after called the said agreement ) to production of irrevocable bank guarantee for Rs………………………………………. (Rupees……………………………………………………………………………………………………………………………………….) as a security/Guarantee from the Construction Agency for compliance of his obligations in accordance with the terms and conditions in the said agreement, We …………………………………………………………………. ….………………………………………………………………………… (Hereinafter referred as to “the Bank” hereby) (Indicate the name of the bank)Undertake to pay to the ESIC Regional Office, Faridabad an amount not exceeding Rs…………………………………….. (Rupees ………………………………………………………………………………… ………………………………………………………… only) on demand by the ESIC Regional Office, Faridabad.
2. We ………………………………………………………………………. do hereby undertake to pay the amounts due and
payable under this Guarantee without any demure, merely on a demand from the ESIC Regional Office, Faridabad stating that the amount claimed is required to meet the recoveries due or likely to be due from the Second Party. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the bank under this Guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs…………………………… (Rupees………………………………………………………………………………………….only).
3. We, the said bank further undertake to pay to the ESIC Regional Office, Faridabad any money that is demanded notwithstanding any dispute or disputes raised by the Second Party in any suit or proceeding pending before any court or Tribunal relating thereto, a liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of a liability for payment there under and the Second Party shall have no claim against us making such payment.
4. We ………………………………………………………………………………….. further agree that the guarantee herein contained shall remain in full force and effect during the period that would taken for the performance of the said agreement and that it shall continue to enforceable till all the dues of the ESIC Regional Office, Faridabad under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or Engineer-in-Charge on behalf of the ESIC certified that the terms and conditions of the said agreement have been fully and properly carried out by the said Second Party and accordingly discharges this guarantee.
5. We……………………………………………………………………………… (Indicate the name of Bank) further agree with the ESIC Regional Office, Faridabad that. The ESIC Regional Office, Faridabad shall have the fullest liberty without our consent and without effecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the ESIC against the said Second Party and to bear or
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enforce any of the terms and conditions relating to the said agreement and we shall not be relieved form our liability by reason of any such variation, or extension being granted to the said contractor or for any forbearance, act of omission on the part of the ESIC Regional Office, Faridabad or any indulgence by the ESIC Regional Office, Faridabad to the said contractors or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or the contractor.
7. We ……………………………………………………………………………lastly undertake not to revoke this guarantee except
with the previous consent of the ESIC Regional Office, Faridabad in writing.
8. This guarantee shall be valid up to ………………………………………..Unless extended on demand by ESIC Regional
Office, Faridabad. Notwithstanding anything mentioned above, our liability against this guarantee is
restricted to Rs……………………………………………………………….……………………….. (Rupees
……………………………………………………………………………………………………………………….only) and unless a claim in
writing is lodged with us within six months of the date of expiry of the extended date of expiry of this
guarantee all our liabilities under this guarantee shall stand discharged.
Date the …………………………………………… Day of ………………………………For …………………………………………………….……………………………………………………… (Indicate the name of bank).