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Page 1 of 27 SEAL AND SIGNATURE OF THE BIDDER KIOCL Limited (A Government of India Enterprise) II Block, Koramangala, Bengaluru - 560 034. Ph: 25531461-70 Extn: 283 Fax: 25532153 / 25535941 E-mail: [email protected] CIN-L13100KA1976GO1002974 NOTICE INVITING TENDER (E-PROCUREMENT MODE ONLY) TENDER NO. KIOCL/TS/7130/F-547/ET/146 Dated: 30.07.2020 Dear Sir, We KIOCL Limited shall be utilizing the e-procurement service of MSTC Limited, A Government of India Company having its registered office at 225-C, AJC Bose Road, Kolkata- 700 020 for enabling us to procure goods, services and works. KIOCL Ltd invites online tenders from the prospective bidders to participate in our tender the mode of which happens to e-Procurement System (Online Techno-Commercial Bid and Price Bid through http://www.mstcecommerce.com/eprochome/kiocl of MSTC Ltd.) MSTC Event No. & Date Description Last date & Time for submission of offer KIOCL/20-21/ET/146 Clearing of spillage materials and housekeeping in Ball Mill Grinding System under annual contract at the Filter Plant of Port Facilities Department, Pellet Plant Unit, KIOCL Limited, Panambur, Mangalore. 14.08.2020 up to 2.00 PM (IST) 1) COST OF TENDER DOCUMENT (Tender Fee non refundable) : The cost of Tender Document shall be Rs. 1,770/- (Rupees one thousand seven hundred seventy only) by way of RTGS in favour of KIOCL Limited, payable at Bangalore. 2) EARNEST MONEY DEPOSIT (EMD) a) The bidders shall furnish an interest free Earnest Money Deposit (EMD) of Rs. 1,50,000/- (Rupees one lakh fifty Thousand only) by way of RTGS in favour of "KIOCL LIMITED”, payable at Bangalore.

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Page 1: KIOCL Limited...Page 1 of 27 SEAL AND SIGNATURE OF THE BIDDER KIOCL Limited (A Government of India Enterprise) II Block, Koramangala, Bengaluru - 560 034. Ph: 25531461-70 Extn: 283

Page 1 of 27

SEAL AND SIGNATURE OF THE BIDDER

KIOCL Limited (A Government of India Enterprise)

II Block, Koramangala, Bengaluru - 560 034. Ph: 25531461-70 Extn: 283 Fax: 25532153 / 25535941

E-mail: [email protected] CIN-L13100KA1976GO1002974

NOTICE INVITING TENDER

(E-PROCUREMENT MODE ONLY)

TENDER NO. KIOCL/TS/7130/F-547/ET/146 Dated: 30.07.2020

Dear Sir, We KIOCL Limited shall be utilizing the e-procurement service of MSTC Limited, A Government of India Company having its registered office at 225-C, AJC Bose Road, Kolkata- 700 020 for enabling us to procure goods, services and works. KIOCL Ltd invites online tenders from the prospective bidders to participate in our tender the mode of which happens to e-Procurement System (Online Techno-Commercial Bid and Price Bid through http://www.mstcecommerce.com/eprochome/kiocl of MSTC Ltd.)

MSTC Event No. & Date Description Last date & Time for submission of

offer

KIOCL/20-21/ET/146 Clearing of spillage materials and housekeeping in Ball Mill Grinding System under annual contract at the Filter Plant of Port Facilities Department, Pellet Plant Unit, KIOCL Limited, Panambur, Mangalore.

14.08.2020 up to

2.00 PM (IST)

1) COST OF TENDER DOCUMENT (Tender Fee non refundable) : The cost of Tender Document shall be Rs. 1,770/- (Rupees one thousand seven hundred seventy only) by way of RTGS in favour of KIOCL Limited, payable at Bangalore.

2) EARNEST MONEY DEPOSIT (EMD) a) The bidders shall furnish an interest free Earnest Money Deposit (EMD) of

Rs. 1,50,000/- (Rupees one lakh fifty Thousand only) by way of RTGS in favour of "KIOCL LIMITED”, payable at Bangalore.

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SEAL AND SIGNATURE OF THE BIDDER

The proof of payments towards cost of tender document and EMD should be uploaded along with technical bid. No cash shall be deposited to our Bank Account for payment of Cost of tender documents and EMD.

Bank details: UNION BANK OF INDIA PBS (KORAMANGALA) BANGALURU -560 034 ACCOUNT NO. 515401010022015 IFSC CODE: UBIN0551546

b) The EMD will not carry any interest till it is returned. The EMD will be returned without any interest to unsuccessful bidders after the award of work to the successful bidder and in the case of successful bidder, the EMD will be returned after submission of security deposit.

c) In case the bidder withdraws their quotation before the tender validity specified in this tender document, the EMD amount will be forfeited irrespective of whether the bidder has offered shorter validity than the validity stipulated in this tender document.

IMPORTANT NOTE:

i) The above payments should be deposited in one go and exact amount should be reflected in our books of account on or before the opening date & time of tender.

ii) Please note that Tenders without EMD, Tender Document Fee & Tender Processing Fee or the proof of payments/exemption will be rejected.

3) EXEMPTION FROM PAYMENT OF TENDER DOCUMENT FEE / EMD: State/Central Govt. Organization, PSU and valid UAM/NSIC registered (for the tendered item) firm can produce documentary evidence issued by Govt. Authorities for exemption towards submission of Tender Document Fee, Tender Processing Fee and EMD. In case of SSIs /MSEs firms need to submit notarized copies of the relevant, valid registration certificates for claiming exemption. However, they would be required to furnish Security Deposit in case they are successful in the tender.

PROFORMA FOR EVALUATION OF PRE-QUALIFICATION OF BIDDERS: The agencies who are submitting their offers must furnish the following details along with documentary evidence of their claims. However, any surrogated submission in any form will disqualify them from consideration.

GENERIC

Name of the Agency Postal Address

Communication Address

Contact Person

Mobile / P&T Nos. E-mail id

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SEAL AND SIGNATURE OF THE BIDDER

PRE QUALIFICATION CRITERIA:

Sl. No.

Description Minimum Required

1 Average annual audited financial turnover during the last three years, ending 31st March 2019. The auditor should be a Chartered Accountant)

Should be at least Rs. 16.30 lakhs

2 Experience of having successfully completed similar work during last seven years ending last day of the previous month of date of publication of NIT.

Similar work means manpower supply to Process Plants/ Industries for carrying out housekeeping involving spillage material OR housekeeping involving spillage material and mechanical maintenance works in the following:

a) Public sector/ Private sector under takings b) State /Central Govt. Sector c) Private Organizations

Note:

i) Manpower supply for data entry, housekeeping (Sweeping & Mopping) and maintenance works at office are not considered.

ii) For works carried out in Pellet Plant Unit of KIOCL Ltd., work order copies are to be enclosed. However, for the purpose of technical evaluation, the actual value of work done would be considered. For works carried out in other places, work completion certificate should be furnished along with work order.

iii) The ongoing works will also be considered if the value of the actual works completed as on above specified date and specified threshold value.

i) Three (3) similar completed works costing not less than Rs. 21.73 lakhs

OR

ii) Two (2) similar completed works costing not less than Rs. 27.16 lakhs

OR

iii) One (1) similar completed works costing not less than Rs. 43.46 lakhs

Note: Copies of the work orders & Work completion Certificate shall be furnished to meet the PQ criteria.

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SEAL AND SIGNATURE OF THE BIDDER

General information to be provided by the Bidders

1 Proof of the documents shall be submitted along with the tender for the following:

A. Provident Fund Account No.

B. ESI No.

C. PAN No. (Mandatory)

D. GST No.

E. Whether it is Sole Proprietary Firm or Partnership Firm or Private Limited Company

F. Registration certificate of Establishment issued by Government of Karnataka-Department of manpower/ Concern Govt/Labour department (Central)

G. After accepting the LOI /WO/agreement from KIOCL it is mandatory to obtain License from Govt. of India Ministry of Labour & Employment authority.

H. All payments shall be made on electronic mode. Contractor shall furnish the bank details. (i) Name of the Bank & Branch

(ii) Type of Account

(iii) Account No.

(iv) MICR No.

(v) IFSC/RTGS No.

Necessary supporting documents should be furnished in support of the above qualifying criteria. The offer from those bidders who do not qualify for the above condition shall not be considered.

4) SUBMISSION OF TECHNO-COMMERCIAL AND PRICE BIDS : Bidder should submit their tenders in two parts through e-procurement mode only. The instructions on the portal shall be followed, while submitting the tender

Bidders are requested to upload the following documents in the MSTC portal. a) Proof of payment/ exemption towards Tender document Fee & Earnest Money Deposit

as mentioned above.

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SEAL AND SIGNATURE OF THE BIDDER

b) Copy of GST registration Certificate & Complete contact details of the bidder c) Documentary evidence for Pre-Qualification Requirement. d) Copy of the PAN e) Copy of ESI f) Copy of EPF g) Full set of tender documents duly signed and stamped.

Note: one set of duly sealed and signed tender document along with Pre-Qualification criteria evidence excluding price bid to be summitted to General Manager (Projects & TS), Technical Services Department, KIOCL Limited, Bangalore – 34 (Not to send price bid along with tender document).

5) TENDER OPENING: The Techno-Commercial bid will be opened electronically on 14.08.2020 at 3.00 PM. Price bid will be opened electronically of only those bidder(s) who have been techno-commercially found acceptable. Such bidder(s) will be intimated the date of opening of Price bid, through valid email.

Two separate contracts would be concluded for this work in the ratio of 60:40 of the total work

consisting of Package - I & Package – II respectively. The price bid will be opened and the

lowest bidder will be identified. Bidder emerging L1 will be awarded Package – I.

Package – II will be awarded to L2 bidder in the tender standing at the L1 rate. In case the L2

bidder backs out the same shall be extended/ awarded to L3/L4. bidder thereof on accepting to

carry out at L1 rate. In case any of the bidders does not accept L1 rate, then Package II also

will be offered to L1 bidders.

6) E-REVERSE AUCTION: Schedule of e-reverse auction will be communicated separately.

7) CONFIDENTIALITY: You shall keep all the information shared with you as confidential and shall not disclose the same under any circumstances to anyone, without obtaining written consent from KIOCL.

8) FRAUD PREVENTION POLICY OF KIOCL: Everyone make a note that ‘fraud prevention policy’ is being followed in KIOCL, which provides a system for prevention/detection/reporting of any fraud. It also for bids everyone from involvement in fraudulent activity & that where any fraudulent activity is suspected by anyone, the matter must be reported to the ‘Nodal Officer’ (Chief Vigilance Officer) as soon as he/she comes to know of any fraud or suspected fraud.

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SEAL AND SIGNATURE OF THE BIDDER

9) PURCHASE PREFERENCE CLAUSE: The purchaser reserves the option to give a purchase preference to the offers from MSME Units, in accordance with the policies of the Govt. from time-to-time. For more details please visit our website link http://kioclltd.in/downloads/EMPANELMENT-OF-MSEs.pdf . In case of SSIs /MSEs Firms need to submit notarized copies of the relevant, valid registration certificates and/or Udyog Aadhar Memorandum (UAM) Number for claiming exemption.

10) THE FOLLOWING ENCLOSURES ARE ATTACHED HEREWITH :

Annexure – I : Important instruction for e-Procurement Annexure – II : Instructions to bidders with commercial terms

and conditions of contract Annexure - III : Special conditions of contract Annexure - IV : Business rules for re-reverse auction Annexure - V : Integrity Pact Annexure - VI : Priced bid format

Thanking you, Yours faithfully,

For KIOCL Limited, -Sd/-

(G.V Kiran) GM (Projects & TS)

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SEAL AND SIGNATURE OF THE BIDDER

ANNEXURE – I

IMPORTANT INSTRUCTIONS FOR E-PROCUREMENT

I) Process of E-tender:

A) Registration: The process involves vendors registration with MSTC Limited e-procurement portal (www. mstcecommerce.com) which is free of cost. Only after registration, the vendor(s) can submit his/their bids electronically. Electronic Bidding for submission of Techno-Commercial Bid as well as Price Bid over the internet will be done. The vendor should posses Class III signing type digital certificate. Vendors are to make their own arrangement for bidding from a Personal Computer connected with Internet. MSTC Ltd is not responsible for making such arrangement. (Bids will not be recorded without Digital Signature).

SPECIAL NOTE: THE PRICE BID AND THE COMMERCIAL BID HAS TO BE SUBMITTED ON- LINE AT http://www.mstcecommerce.com/ eprochome/kiocl/

1) Vendors are required to register themselves online with http://www.mstcecommerce.com/eprochome/kiocl/ →Register as Vendor (Vendors) Filling up details and creating own user id and password→ Submit.

2) Vendors will receive a system generated mail confirming their registration in their email which has been provided during filling the registration form.

In case of any clarification, please contact MSTC Limited, (before the scheduled time of the e- tender).

Contact Persons at MSTC Ltd are as under

Shriyansh Jain J.Damodaran

Email: [email protected] Email: [email protected]

Mobile : 7411651015 Mobile :

Land Line : 080 22260054/22266417 Extn 205

B) System Requirement: i) Windows 98 /XP-SP3 & above/Windows 7 Operating System

ii) IE-7 and above Internet browser iii) Signing type digital signature - Class 3. iv) JRE 8 update 144 and above software to be downloaded and installed in

the system. v) To enable ALL active X controls and disable “use pop up blocker‟ under

Tools→ Internet Options→ custom level

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SEAL AND SIGNATURE OF THE BIDDER

FOR DETAILS PLEASE GO THROUGH THE VENDOR GUIDE AND THE VIDEO UNDER “VIEW VIDEO” LINK AT www.mstcecommerce.com/eprochome

➢ Vendor

GuideLinkhttp://www.mstcecommerce.com/eprochome/UserManualVendor.pdf.

➢ Video Link.http://www.mstcecommerce.com/auctionhome/RenderFileViewVideo.jsp?file=IE- Configuration.mp4

1) The Bidders are advised to offer their most competitive prices while submitting the price bid.

2) All entries in the tender should be entered in online Technical & Commercial Formats without any ambiguity.

3) Bidders are instructed to use Attach Documents through the attach document button present under event number selected. Multiple documents can be uploaded. Maximum size of single document for upload is 5 MB.

4) For further assistance please follow instruction of vendor guide http://www.mstcecommerce.com/eprochome/UserManualVendor.pdf

5) All notices and correspondence to the bidder(s) shall be sent through email during the process till finalization of tender by KIOCL Ltd. Hence the bidders are required to ensure that their email I.D provided is valid and updated at the stage of registration of vendor. Bidders are also requested to ensure validity of their DSC (Digital Signature Certificate).

6) Please note that there is no provision to take out the list of parties who are downloading the tender document from the web site mentioned in NIT. As such, bidders are requested to see the web site once again before the due date of tender opening to ensure that they have not missed any corrigendum uploaded against the said tender after downloading the tender document. The responsibility of downloading the related corrigendum, if any, will be that of the bidders.

7) No separate intimation in respect of corrigendum to this NIT (if any) will be sent to bidders who have downloaded the documents from web site. Please see website www.mstcecommerce.com/eprochome/kiocl of MSTC Ltd. or www.kiocl.co.in of KIOCL Ltd.

8) E-tender cannot be accessed after the due date and time mentioned in NIT.

9) Bidding in e-tender:

a) The process involves Electronic Bidding for submission of Techno Commercial Bid as well as Price Bid

b) The bidder(s) can submit their Techno Commercial Bids and Price Bid through internet in MSTC Ltd website www.mstcecommerce.com/eprochome/kiocl→ Vendor Login → My menu→ Auction Floor Manager→ live event →Selection of the live event→ Techno Commercial Bid.

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SEAL AND SIGNATURE OF THE BIDDER

c) The bidder should allow to run an application namely enApple by accepting the risk and clicking on run. This exercise has to be done twice immediately after clicking on the Techno- Commercial bid. If this application is not run then the bidders will not be able to save/submit his/her bid.

d) After filling the Techno-Commercial Bid, bidders should click„ save for recording their Techno-Commercial bid. Once the same is done, the Price Bid link becomes active and the same has to filled up and then bidders should click on “save” to record their price bid. Then once both the Techno-Commercial bid & price bid has been saved, the bidders can click on the “Submit” button to register their bid

NOTE: - The Techno-Commercial Bid & price bid cannot be revised once the submit button has been clicked by the bidders.

e) In all cases, bidders should use their own ID and Password along with Digital Signature at the time of submission of their bid.

f) During the entire e-tender process, the bidders will remain completely anonymous to one another and also to everybody else.

g) The e-tender floor shall remain open from the pre-announced date & time and for as much duration as mentioned above.

h) All electronic bids submitted during the e-tender process shall be legally binding on the bidders. Any bid will be considered as the valid bid offered by that bidder and acceptance of the same by KIOCL Ltd will form a binding contract between KIOCL Ltd and the Bidder for execution of work. Such successful bidder shall be called hereafter Contractor.

i) It is mandatory that all the bids are submitted with digital signature certificate otherwise the same will not be accepted by the system.

j) KIOCL Ltd reserves the right to cancel or reject or accept or withdraw or extend the tender in full or part as the case may be without assigning any reason thereof.

k) No deviation in the terms and conditions of the tender document is acceptable. Submission of bid in the e-tender floor by any bidder confirms his acceptance of terms & conditions of the tender.

l) Unit of Measure (UOM) is indicated in the e-tender Floor. Rate to be quoted should be in Indian Rupee as per UOM indicated in the e-tender floor/tender document.

10) Any order resulting from this e-tender shall be governed by the terms and conditions mentioned therein as well as in the tender document.

11) After submitting online bid, the bidder cannot access the tender, once it has been submitted with digital signature

12) The bidders must upload all the documents required as per terms of NIT. Any other document uploaded which is not required as per the terms of the NIT shall not be considered.

13) The bid will be evaluated based on the filled-in technical & commercial formats.

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SEAL AND SIGNATURE OF THE BIDDER

ANNEXURE-II

A. INSTRUCTIONS TO BIDDERS WITH COMMERCIAL TERMS AND CONDITIONS OF CONTRACT:

1. The technical bid shall be accompanied by an Earnest Money Deposit of Rs. 1,50,000/-

(Rupees one lakh fifty thousand only) and cost of the Tender document Rs. 1,770.00 (Rupees one thousand seven hundred seventy only).

2. The last date for submission of the offer is 14.08.2020 up to 2.00 PM

3. Tenderers have to acquaint themselves with the working conditions prevailing at site, before submitting the tenders.

4. Tenderers shall furnish their quotation online in MSTC portal.

5. The Bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure to furnish all information required as per the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the bidder’s risk and shall result in rejection of the bid. Confirm acceptance of all Techno-commercial terms in to without any reservation.

In case bidder is silent on any clause mentioned in this tender document KIOCL shall construe that the bidder had accepted all the clauses as per this Invitation to Tender.

6. AMENDMENTS TO BIDDING DOCUMENTS: At any time prior to the deadline for submission of bids, the Tendering Authority, KIOCL Limited may, for any reason modify, change, incorporate or delete certain conditions in the bidding document. All prospective bidders are to note these changes on the official website of the Company.

7. SPECIAL NOTE:

a) The Tenderer is required to carefully examine the Terms and Conditions of tender

document and work related to scope of supply given in the Tender Document and fully

acquaint himself as to all conditions and matters which may in any way affect the work

related to scope of work or the cost thereof. Tenderer shall be deemed to have on his

own and independently obtained all necessary information for the purpose of

preparing the tender and shall be deemed to have taken into account all contingencies

as may arise due to such information or lack of the same.

b) Clarifications on Techno-Commercial Terms: KIOCL reserves the right to seek

clarifications on the Techno-Commercial clarifications/confirmation from the bidder.

However, such clarification/confirmation sought shall not permit the tenderer to revise

the price bids submitted. The request for clarification and the response shall be in

writing and no change in the price or substance of the Bids shall be sought, offered or

permitted.

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SEAL AND SIGNATURE OF THE BIDDER

c) KIOCL reserves the right to accept or reject tender either in whole or in part or to invite

revised offer.

d) The Tenderer shall be deemed to have acquainted himself of Rules, procedures,

guidance of Government Laws, statutes, regulations, etc., relating to his work related to

present scope of work.

e) KIOCL reserves the right to shorten / extend the period of contract while concluding

the contract. KIOCL also reserves the right to short close the contract in case of breach

of terms and conditions of the contract by the tenderer.

f) The award of work shall not be assigned, transferred or sub-delegated to other

Contractors except with the written approval of KIOCL. However this clause shall not

apply to purchase of equipments and material for the performance of the work.

8. Notwithstanding anything specified in this Tender Documents, KIOCL in his sole discretion, unconditionally and without having to assign any reason, reserves to himself the rights: a. To accept or reject the lowest tender or any other tender or all the tenders to reject the

offers not conforming to the tender terms and to give Purchase preference to Public

Sector Undertakings wherever applicable as per Government policy/ Guidelines.

b. To extend purchase preference to SSIs (Micro and Small Enterprises) as per prevailing

guidelines.

c. The OWNER reserves the option to give a purchase preference to the offers from MSME

Units, in accordance with the policies of the Govt. from time-to-time. For more details

please viste our website link https://kioclltd.in/downloads/EMPANELMENT-OF-

MSEs.pdf . In case of SSIs /MSEs Firms need to submit notarized copies of the relevant,

valid registration certificates and/or Udyog Aadhar Memorandum (UAM) Number for

claiming exemption.

9. KIOCL reserves the right to reject any or all tenders without assigning any reason.

10. KIOCL reserves the right to award part of the work or the whole, as may be considered

necessary.

11. Tenders submitted without Tender fee and EMD will not be considered.

12. The tenderer shall make no alterations in the tender documents.

13. Tenders shall remain open for acceptance for a period of three months from the due date of submission.

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SEAL AND SIGNATURE OF THE BIDDER

14. Acceptance of the tender shall be informed through a Letter of Intent/work order. Tenderer shall acknowledge the receipt, failing which the EMD shall be forfeited.

15. The period of contract shall be ONE YEAR from the date of issue of LOI/Work order.

16. No post tender negotiations with bidders will be held except in certain exceptional situations.

17. Conditional tenders will be summarily rejected.

18. No post tender negotiations with bidders will be held except in certain exceptional situations.

B. TERMS AND CONDITIONS 1. PERIOD OF CONTRACT: The period of Contract shall be for a period of ONE year from the

date of commencement of the work. The effective date of start of contract will be mentioned in the LOI / Work Order.

2. KIOCL reserves the right to terminate the contract at short notice at any time earlier than the

contract period.

3. The quantities given in the schedule of items are approximate and may vary or some of the items may not be executed. No claim by the contractor on account of variations, omissions and modifications will be entertained.

4. No escalation is admissible on any account whatsoever.

5. PRICING: Wages: While quoting the rates, the guidelines and wage structure given by Central

Minimum Wages issued by Ministry of Labour, Government of India, for the employees employed for the work above ground in Iron Ore Mines of Manganese Mines, Hematite Mines etc. shall be followed.

6. The service charges shall be firm for the entire period of the contract except for labour

minimum wages. In case of any increase or decrease as per the Ministry of Labour & Employment Office of the Chief Labour Commissioner (C). Government of India notification, the same will be reimbursed or recovered on actual basis along with other statutory components.

7. Service charges: The service charges quoted by the contractor shall include all safety items

for personnel protection, transport, enabling works, contractor’s profit, administration charges and liaising charges towards statutory clearances, etc except GST, and the same shall remain constant till the tenure of the contract.

8. GST as applicable will be extra on submission of GST invoice. The bidder shall indicate the applicable GST rate in the price bid, i.e., CGST, SGST or IGST.

KIOCL GST No. is 29AAACK8438M1ZX

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SEAL AND SIGNATURE OF THE BIDDER

9. PAYMENT TERMS:

a) Payment shall be released against monthly bills duly certified by KIOCL’s Engineer-In-Charge.

b) Payment shall be released on pro rata basis based on the number of days actually worked by the Contractor’s Personnel.

c) The monthly bills should clearly state the actual number of persons deployed etc, during the

month for which the bills are submitted along with necessary documents.

d) Contractor shall disburse the wages to his employees (to their Bank Account) on or before 7th of the following month and furnish copy of wage register, muster roll along with the bill. The challans for any statutory payments made (such as PF and ESI) shall be submitted to the HR department of KIOCL, Mangalore on or before 25th of the following month.

If Contractor fails to disburse the wages to the workers before 7th of the following month, a penalty of Rs. 25/- per worker / per month will be levied for delayed payment for delayed payment.

e) Contractor shall deposit the amount towards PF, Insurance & GST and shall pay to the concerned authorities and submit the proof of payment made every month along with the bill. In the event of failure to submit the above in time, Company reserves the right to pay the said amounts to the authorities from the Contractor’s Security Deposit and adjust the said amount from the next running bill towards the Security Deposit.

10. PAYING AUTHORITY: Paying authority shall be In-charge (F & A) Pellet Plant unit, KIOCL Limited, Mangaluru.

11. PENALTY:

a) Damage / Loss causing due to the act of negligence attributing to the contractor or his

labour, would be deducted from the payment as per decision of GM I/c, Mangalore or his authorised officer.

b) Any damage to the company's property caused by the contractor during the execution of work shall be charged to the contractor and the amount of damage shall be left to the sole discretion of GM I/c, Mangalore or his authorised officer.

c) If Contractor fails to disburse the wages to the workers before 7th of the following month, a penalty of Rs. 25/- per worker / per month will be levied for delayed payment.

12. SECURITY DEPOSIT:

10% of the value of work shall be deducted and retained till the completion of Contract period as applicable. The mode of recovery of security deposit is as follows:

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SEAL AND SIGNATURE OF THE BIDDER

i. The successful Tenderer shall deposit an amount equivalent to 10% of the total value towards Security Deposit. Out of this, the Initial Security Deposit will amount to 3 % of the Total value. The Initial Security Deposit (ISD) less the Earnest Money already deposited is to be deposited by the successful tenderer within 10 (Ten) days from the date of Issue of Letter of Intent in the form of Demand draft/Bank Guarantee from a Nationlised Bank /a Scheduled Commercial Bank. The Security Deposit equivalent to the balance 7 % of the total value will be recovered from the progressive bills of the Contractor.

ii. In case of NSIC/MSME registered agencies, wherever they are exempted from payment of

EMD, these agencies shall pay the initial SD equivalent to the EMD amount after finalisation of the contract and the balance SD amount to be adjusted as indicated above in stages of 3% and 7%.

iii. The Security Deposit shall bear no interest and the same shall be released without interest after completion of all the contractual obligations such as PF claim settlement to their employees engaged by him who are on the roles on the final bill.

13. Statutory deduction towards all applicable taxes shall be made as per rules.

14. All safety appliances like safety belt, helmets, safety shoes etc. have to be provided by the

contractor to all his workers and supervisors. None of the workmen without safety appliances shall be allowed to work at heights.

15. The contractor shall abide with all the provisions contained in Factories Act and

Rules/Regulations/Bylaws/Orders made thereunder. 16. The contractor should obtain Insurance Policy to cover the risk of the labourers under

Workmen Compensation Act and should be produced before starting the work. This is mandatory for those contractors who do not have ESI number of their own.

17. Contractor should furnish the PF & ESI code numbers obtained from respective authorities and

also produce the same to the Personnel Department before commencement of the work. However, in case a contractor who does not have PF & ESI code number, should apply for PF & ESI code numbers from the respective authorities based on the LOI/Work Order issued to them and produce the same to Personnel Department.

18. The contractor and his workmen may avail the facilities provided in the canteen set up for the

contract labour. They will not be allowed to avail the facilities set up for KIOCL employees. 19. Our Company comes under Factories Act, Rules, Regulations, byelaws and orders made

thereunder. Hence the Contractors must abide by the same. (i) No persons shall be employed without Initial Training on Safety as per vocational Training

Rules. (ii) Contractor must immediately after deploying the Contract Workers, get their initial Medical

Examination done at Company Hospital/Company recogonised Hospital. The expenditure towards Medical Examination of Contract Workers shall be borne by KIOCL Ltd.

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(iii) A supervisor with experience should be deployed to ensure that the contract workers work

safely and in accordance with all the provisions of Factories Act, Rules, Regulations, Byelaws and orders made thereunder.

20. The contractor shall disburse the wages to the labour on or before 7th of the following month

and furnish copy of wage register, muster roll along with the bill. PF & ESI challans shall be submitted to Personnel Department on or before 25th of the following month.

21. The Contractor shall be responsible for all the safety measures as per the rules in the interest

of safety of all the labourers working under him. Necessary safety appliances shall be provided to all the labourers at Contractor's cost.

Wherever it is observed that the contractor has not provided safety appliances to the workers engaged by him, the Management reserves the right to issue the necessary safety appliances to his workers on cost recoverable basis.

22. OBLIGATIONS OF THE AGENCY / CONTRACTOR WITH REGARD TO STATUTES:

The Agency shall be solely responsible as regards salary, wages and service conditions and

terms extended by the Agency to his employees/workmen and shall in that connection

maintain requisite records and comply with all laws, enactment, rules and regulations and

orders dealing with employment of contract labour, payment of employees compensation,

contribution under ESI Act, 1948, if applicable, and PF/EPF Act 1952, payment of minimum

wages, payment of bonus, fire and safety regulations, regulations relating to employment of

female workforce, security requirements and such other and regulations as may be

applicable at present made applicable hereafter. The wages prescribed by the appropriate

Government under the Minimum Wages Act, 1948 and all provisions of the Contract Labour

Regulation Act and Factories Act shall be complied with by the Agency. Agency shall insure

all employees for accidents and third-party losses and produce the policy before

commencement of Contract. All employees of the Agency shall be covered under Workmen

Compensation Insurance and Group Accident Insurance cover, by the Agency.

23. INDEMNIFICATION:

The Agency shall indemnify and keep indemnified the Company from and against all actions,

claims, demands and/or liabilities whatsoever arising out of this agreement or consequent

upon breach of any of provisions of this agreement and/or against any claim, action or demand

by any of the Agency’s Employees, person(s), firms, institutions under any law, rule or

regulation having the force of law, including but not limited to, claims against the Company

under employee’s Compensation Act, 1923. The Employees State Insurance Act, the

Employee’s Provident Fund Act, 1952, The Contract Labour (Abolition & Regulation) Act, 1970

and the Minimum Wages Act, 1948 and any amendments thereto.

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ANNEXURE-III SPECIAL CONDITIONS OF CONTRACT

1. Scope of Work: The scope of work includes providing labourers for carrying out following jobs:

(i) Housekeeping in filter floor, conveyor floor and vacuum floor. (ii) CB-71, 72, 73,74,75,76,81,82,85 conveyors discharge chute and its structure cleaning. (iii) Assistance for shifting of sector bags from stores and fitting of new sector bags on

sector. (iv) Shifting of damaged sectors, removal of damaged sector bags, including returning to

stores and water cleaning of sectors. (v) Assistance for cleaning of filter booths and discharge chutes. (vi) Cleaning of RK-01 LT/CT tracks. (vii) Cleaning of tripper no. 1&2 chutes and gallery. (viii) Cleaning of CB-434, 89, 92, PC-1 & PC-2 conveyor galleries and structures. (ix) Removal of tramp material from CB-85, 434 whenever conveyor trips on metal detector. (x) Cleaning of ship loader tracks and berth. (xi) Hosing and cleaning of roads in PF area. (xii) Cleaning of drainage in PF area. (xiii) Shifting of diesel for Motovator. (xiv) Cleaning of CCR, shift office/toilet cleaning, mechanical repair shop/toilet cleaning and

housekeeping in repair shop. (xv) Collection of scrap from various locations and returning to stores. (xvi) Shifting of flocculent bags from stores, preparation of solution, disposal of empty bags

and returning to stores. (xvii) Hosing and cleaning of RK-03 structure and RK-03 track. (xviii) Cleaning of sewage treatment plant. (xix) Cleaning of apron feeder and old silo area spillage. (xx) Shifting of consumables, such as soap water, safety appliances etc. from stores to shift

office. (xxi) Manual cleaning of all equipments & accessories except cleaning of RK-01 / RK-02 and

other loading equipments (xxii) Cleaning of Pressure Filter area, related conveyor structures & galleries, slurry feed

lines, conveyor discharge chutes etc. (xxiii) Housekeeping in ball mill ‘0’ meter, 7 meter and other operating platforms. (xxiv) Weigh feeder, bottom platform and walkway cleaning (xxv) CB 86, A, B, C, A1, D, D1, E, E1, F, G, H, L, M conveyors discharge chute, structure and

gallery cleaning. (xxvi) CB77, 78, 79, 80 conveyors discharge chutes, structure and gallery cleaning. (xxvii) Belt feeder chute and surrounding area cleaning. (xxviii) Removal of tramp material from CB 86, 79 & 77 whenever conveyor trips on metal

detector. (xxix) Cleaning of RK-02 CT/LT tracks. (xxx) Assistance for shifting of steel balls from stores to ball mill area.

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(xxxi) CB 86, 86A, 86B & 86C return side and tail end material clearing. (xxxii) Removal of stones collected on screen # 1, 2, 3. (xxxiii) Clearing of slurry pipelines whenever they get choked. (xxxiv) Clearing of ball mill pit. (xxxv) Shifting of scrap collected in different locations in ball mill area. (xxxvi) Removal of stones/scrap in the incoming rake material and in Shed – II. (xxxvii) Clearing foreign material from IOC & IOF from shed-1 & shed-2. (xxxviii) Assist in topping up of fuel, oil & water and also cleaning of earth moving equipments

and shifting of fuel/oil from stores.

In addition to above routine jobs, certain production breakdown jobs are forecasted in the following areas:

a. Hosing of TK-203/204 at the time of sand up. b. Hosing of thickener whenever rake gets jammed or during maintenance of rake arms. c. Removal of material whenever loaded belt conveyor snaps both in filtration process and

ship loading side. d. Hosing of filtrate sump and its trenches. e. Hosing of vacuum sump and its trenches. f. Clearing of choked slurry pipelines. Jobs listed in the schedule of work are tentative. However the labourers shall be deployed in other areas whenever production gets hampered at the sole discretion of Engineer-in-charge.

2. KIOCL estimates that minimum of 9 labourers per shift are to be deployed in all the three shifts including on Sundays & Holidays. 20 labourers are to be deployed on all days in general shift, except on Sundays & holidays. However, in case of emergency, labourers are to be deployed on Sundays & Holidays as per the instruction of Engineer-in-charge.

3. All tools & tackles such as shovels, spades, crowbars, baskets, pickaxe or any other items

required for cleaning jobs shall be provided by the contractor.

4. Actual requirement of labourers per day will be decided by the Engineer-in-charge, depending on Plant status.

5. The agency should visit the site and get acquainted with the scope of work, before quoting the

tender.

SPECIAL CONDITIONS COMMON FOR BOTH PACKAGE I & II 1. PAYMENT OF REVISED RATE ON ACCOUNT VARIATION IN MINIMUM WAGES:

a) The service charges quoted by contractor in deployment of manpower shall include all taxes, duties, overheads, profits etc. except GST. The GST, as applicable would be reimbursed as per the relevant clause mentioned elsewhere in this tender document. The service charges quoted shall remain constant throughout the contract period and no escalation is admissible for any reason whatsoever.

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b) In case of revision in minimum wages by the Govt. during the tenure of the contract,

difference in minimum wages along with corresponding PF & ESI would be paid from the date of revision of minimum wages. The minimum wages notification issued by KIOCL Ltd’s Personnel department shall be considered for this purpose.

2. KIOCL shall reimburse EL payments based on proof of payment made to the labour subject

to the condition the recipient of EL payment is eligible for EL payment. As per Factory Act, the person should work for minimum 240 days in a year. The contractor shall submit the proof EL payment to the HR department and the reimbursement shall be made only after certification by HR department.

3. KIOCL shall reimburse the National holiday wages on proof of payment made to the labour

subject to the condition that the labour is on the rolls of the contractor during that period. Presently, January 26, August 15 and October 2 are termed as National Holidays. However, rules prevailing at the time of execution of the contract shall be followed.

4. The employer contribution of Provident Fund and ESI admissible for reimbursement shall

be as per PF and ESI rules. As per the existing rules, KIOCL will restrict the payment towards PF to monthly salary of Rs. 15,000.00 & ESI to Rs. 21,000.00 or actual salary paid, whichever is less. In case of any change in the rule, the rule prevailing at the time of execution of the contract shall be adopted.

5. All tools & tackles such as shovels, spades, crowbars, baskets, cora cloth, pick axes or any

other items required for cleaning jobs shall be provided by the contractor periodically. 6. The contractor shall ensure that the labours working under him shall not indulge in

unlawful activities inside the plant premises. 7. Integrity Pact (IP) will also be part of this contract document (ie., Schedule of Work I &

Schedule of Work II). Copy of Integrity Pact Agreement format is enclosed. This agreement duly signed needs to be submitted along with the bid documents. The following Independent External Monitor (IEM) is nominated for the above job.

Shri V.UDAYA BHASKAR,

B101,Sri Balaji Gulmohar Township, Maa Vilas Road No.1,

Bachupally, HYDERABAD – 500 090. Phone: 040 40055098.

e-mail: [email protected]

8. The rate quoted shall be exclusive of GST. GST shall be paid based on tax invoice. Tax Deducted at Source (TDS) under GST shall be considered as per provision of GST Act for making payment.

9. Court Jurisdiction: only the court in Mangalore shall have the jurisdiction on any disputes for adjudication arising out of this contract/agreement.

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10. EVALUATION AND COMPARISON OF BIDS:

The detailed process for BID Evaluation is as follows:

a) First Stage : Techno-Commercial Bid Evaluation :The techno-commercial offers received from the bidders will evaluated as per the tender terms and conditions of the NIT. The Tender Committee may call the bidders/bidders representatives for detailed techno-commercial discussions, clarifications, presentation if required.

b) Second Stage: Price bid of all techno commercially qualified bidders will be opened in MSTC portal

c) Third Stage: e-reverse auction among all techno commercially qualified bidders will be conducted by KIOCL through MSTC portal.

A composite price comparative statement shall be made considering the lowest of the prices (i.e., online sealed price bid prices & online e-reverse auction prices) of all the tenderers. Placement of the order shall be considered on the L1 price so arrived.

The price bids would be evaluated by considering contractor’s service charge only excluding GST.

NOTE: The service charges payable to the contractor is constant during the tenure of the contract and no escalation whatsoever is admissible.

11. Quantum of Mandays considered for PACKAGE-I & PACKAGE-II is as follows:

For PACKAGE –I

Description Unit Qty

Supply of unskilled labourers to clean spillage material and housekeeping in Filter Plant in A, B, C & G shifts as per the details given in Special Conditions and as per the instructions of Engineer-in-charge.

MANDAY 9609

Supply of unskilled labourers to clean spillage material and housekeeping in Filter Plant area beyond normal working hours.

PER HOUR 1500

For PACKAGE –II

Description Unit Qty

Supply of unskilled labourers to clean spillage material and housekeeping in Ball Mill grinding system in A, B, C & G shifts as per the details given in Special Conditions and as per instructions of Engineer-in-charge.

MANDAY 6406

Supply of unskilled labourers to clean spillage material and housekeeping in Ball Mill grinding system beyond normal working hours.

PER HOUR 1000

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ANNEXURE – IV BUSINESS RULES FOR e-REVERSE AUCTION

GENERAL TERMS AND CONDITIONS

1) Against this Enquiry for the subject item/system with detailed scope of supply as per our

specification, KIOCL Limited, hereinafter referred to as KIOCL, may resort to “REVERSE

AUCTION PROCEDURE” i.e. e-REVERSE AUCTION on INTERNET.

2) For the proposed e-reverse auction, technically and commercially acceptable bidders only

shall be eligible to participate.

3) e-Reverse auction will be conducted on schedule date & time.

4) At the end of reverse auction event, the lowest bidder value will be known on the network.

BUSINESS RULE FOR FINALIZATION OF THE PROCUREMENT:

KIOCL shall finalize the procurement of the item against this tender through e-reverse auction

mode. KIOCL has made arrangement with M/s. MSTC Ltd who shall be KIOCL’s authorized

service provider for the same. Please go through the guidelines given below and submit your

acceptance to the same along with your Techno-Commercial Bid.

1) Computerized e-reverse auction shall be conducted by KIOCL, on pre-specified date, while

the vendors shall be quoting from their own offices/ place of their choice. Internet

connectivity shall have to be ensured by vendors themselves. Failure of power at the

premises of vendors during the Reverse auction cannot be the cause for not participating

in the reverse auction. On account of this, the time for the auction cannot be extended and

neither KIOCL nor M/s. MSTC is responsible for such eventualities.

2) M/s. MSTC shall arrange to train your nominated person(s), without any cost to you. They

shall also explain you, all the rules related to the e-reverse auction to be adopted along

with tender.

3) UNIT OF MEASUREMENT as specified in schedule and BIDDING CURRENCY: Indian

Rupees.

4) BID PRICE: Offered price should be excluding GST.

5) The technical & commercial terms are as per KIOCL Tender No. KIOCL/TS/7130/F-

547/ET/146

6) VALIDITY OF BIDS: The Bid price shall be firm specified in the tender document and shall

not be subjected any change whatsoever.

7) The detailed process for e-reverse auction is explained below:

The computer screen will display Start Bid Price and which shall be visible to the all

vendors. You will be required to start bidding after announcement of Start Bid Price and

decrement amount. Also, please note that the start price of an item in e-reverse auction is

open to all the participating bidders. Any bidder can start bidding, in the e-reverse

auction, from the start bid price itself. If the start bid price is your own price, you still need

to bid in the e- reverse auction. Also, please note that the first online bid that comes in the

system during the e-reverse auction should be lesser than the auction's start bid price by

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one decrement or should be lesser than the auction's start bid price by multiples of

decrement and so on.

a) e-Reverse (no ties) Auction shall be for a period of one hour. If a bidder places a bid in

the last 5 minutes of closing of the e-Reverse Auction and if that bid gets accepted,

then the auction’s duration shall get extended automatically for 5 minutes, for the

particular Event/Lot. Please note that the auto-extension will take place only if a bid

comes in those last 5 minutes and if that bid gets accepted. If the bid does not get

accepted, the auto-extension will not take place even if that bid might have come in

the last 5 minutes. In case, there is no bid in the last 5 minutes of closing of e-Reverse

Auction, the auction shall get closed automatically without any extension. However,

the bidders are advised not to wait till the last minute or last few seconds to enter

their bid during the auto-extension period to avoid complications related with

internet connectivity, network problems, system crash down, power failure, etc.

b) The weightage factor (multiplication factor), bid decrement amount shall be specified

by KIOCL before start of online bidding. The bidder can bid lower than the start bid

price in e-reverse auction by a bid decrement or multiple of Bid decrement.

c) The start price bid price for the e-reverse auction is L1 price arrived based on the

evaluation and comparison of bids as mentioned above.

d) Bidder will be able to view the following on your screen along with the necessary

fields in the English Reverse (no ties) {Reverse Auction}:

i). Leading Bid in the Auction

ii). Bid Placed by you

iii). Your Own Rank

iv). Start Bid Price & Bid Decrement value.

e) After the completion of e- Reverse (no ties), the Closing Price (CP) shall be available.

f) Final price received from bidder will be taken as an offer to supply as per terms and

conditions of tender document. Bids once made by the bidders, cannot be cancelled /

withdrawn.

g) During the e-reverse auction, if no bid is received in the auction system/website

within the specified time duration, then KIOCL, at its discretion, may scrap the e-

reverse auction process and considered sealed price bids of all technically and

commercially acceptable bidders submitted earlier along with techno-commercial

bids.

h) KIOCL’s decision on award of Contract shall be final and binding on all the Bidders.

KIOCL shall be at liberty to cancel the reverse auction process / tender at any time,

before ordering, without assigning any reason. KIOCL shall not have any liability to

bidders for any interruption or delay in access to the site irrespective of the cause.

Other terms and conditions shall be as per your techno-commercial offers and other

correspondences till date.

Official stamp

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ANNEXURE-V INTIGRITY PACT

Between

KIOCL Limited hereinafter referred to as “The Principal”,

and ………………………………………… hereinafter referred to as “The Bidder / Contractor”

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s for ……………………………………………The Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness/transparency in its relations with its Bidder(s) and /or Contractor(s).

In order to achieve these goals, the Principal will appoint Independent External Monitors (IEMs) who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1- Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles: -

a. No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.

b. The Principal will during the tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential /additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution.

c. The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.

Section 2- Commitments of the Bidder(s) / Contractor(s)

(1) The Bidder(s)/Contractor(s) commit themselves to take all measures necessary to prevent corruption. The Bidder(s)/Contractor(s) commit themselves to observe the following principles during participation in the tender process and during the contract execution.

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a. The Bidder(s)/contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he /she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the Bidder(s) /Contractor)s will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

d. The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the Agents/representatives in India, if any. Similarly, the Bidder(s)/Contractor(s) of Indian Nationality shall furnish the name and address of the foreign principals, if any. Further details as mentioned in the “Guidelines on Indian Agents of Foreign Suppliers” shall be disclosed by the Bidder(s)/Contractor(s). Further, as mentioned in the Guidelines all the payments made to the Indian agent/representative have to be in Indian Rupees only. Copy of the “Guidelines on Indian Agents of Foreign Suppliers’ is placed at (page nos. 6-7)

e. The Bidder(s)/Contractor(s) will, when presenting their bid, disclose any and all payments made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

f. Bidder(s) / Contractor(s) who have signed the Integrity Pact shall not approach the Courts while representing the matter to IEMs and shall wait for their decision in the matter.

(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts

If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through a violation of Section 2, above or in any other form such as to put their reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per the procedure mentioned in the “Guidelines on Banning of business dealings”.

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Section 4 – Compensation for Damages

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3, the Principal is entitled to demand and recover the damages equivalent

to Earnest Money Deposit/Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled

to terminate the contract according to Section 3, the Principal shall be entitled to demand and

recover from the Contractor liquidated damages of the Contract value or the amount equivalent

to Performance Bank Guarantee.

Section 5 – Previous Transgression

(1) The Bidder declares that no previous transgressions occurred in the last three years with

any other company in any country conforming to the anti-corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the tender

process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process for action can be taken as per the procedure mentioned in “Guidelines on Banning of business dealings”.

Section 6 – Equal treatment of all Bidders / Contractors / Subcontractors.

(1) In case of Sub-contracting, the Principal Contractor shall take the responsibility of the

adoption of Integrity Pact by the Sub-contractor.

(2) The Principal will enter into agreements with identical conditions as this one with all

Bidders and Contractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact

or violate its provisions.

Section 7 – Criminal charges against violation Bidder(s) / Contractor(s) / Sub

contractor(s).

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an

employee or a representative or an associate of a Bidder, Contractor or Subcontractor which

constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal

will inform the same to the Chief Vigilance Officer.

Section 8 – Independent External Monitor

(1) The Principal appoints competent and credible Independent External Monitor for this

Pact after approval by Central Vigilance Commission. The task of the Monitor is to review

independently and objectively, whether and to what extent the parties comply with the

obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and

performs his / her functions neutrally and independently. The Monitor would have access

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to all Contract documents, whenever required. It will be obligatory for him / her to treat

the information and documents of the Bidders / Contractors as confidential. He / she

reports to the CMD, KIOCL Limited.

(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without

restriction to all project documentation of the Principal including that provided by the

Contractor. The Contractor will also grant the Monitor, upon his / her request and

demonstration of a valid interest, unrestricted and unconditional access to their project

documentation. The same is applicable to Subcontractors.

(4) The Monitor is under contractual obligation to treat the information and documents of the

Bidder(s) /Contractor(s) /Subcontractor(s) with confidentiality. The Monitor has also

signed declarations on Non-Disclosure of Confidential Information and of ‘Absence of

Conflict of Interest’. In Case of any conflict of interest arising at a later date, the IEM shall

inform CMD, KIOCL Limited and recuse himself / herself from that case.

(5) The Principal will provide to the Monitor sufficient information about all meetings among

the parties related to the Project provided such meetings could have an impact on the

contractual relations between the Principal and the Contractor. The parties offer to the

Monitor the option to participate in such meetings.

(6) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he /

she will so inform the Management of the Principal and request the Management to

discontinue or take corrective action, or to take other relevant action. The monitor can in

this regard submit non-binding recommendations. Beyond this, the Monitor has no right

to demand from the parties that they act in a specific manner, refrain from action or

tolerate action.

(7) The Monitor will submit a written report to the CMD, KIOCL Limited within 8 to 10 weeks

from the date of reference or intimation to him by the Principal and, should the occasion

arise, submit proposals for correcting problematic situations.

(8) If the Monitor has reported to the CMD, KIOCL Limited, a substantiated suspicion of an

offence under relevant IPC/PC Act, and the CMD, KIOCL Limited has not, within the

reasonable time taken visible action to proceed against such offence or reported it to the

Chief Vigilance Officer, the Monitor may also transmit this information directly to the

Central Vigilance Commissioner.

(9) The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the contract, and for all other Bidders 6 months after the contract has been awarded. Any violation of the same would entail disqualification of the bidders and exclusion from future business dealings

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SEAL AND SIGNATURE OF THE BIDDER

If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by CMD of KIOCL Limited.

Section 10 – Other Provisions

(1) This agreement is subject to Indian Law, Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Bangalore.

(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

(5) Issues like Warranty / Guarantee etc. shall be outside the purview of IEMs.

(6) In the event of any contradiction between the Integrity Pact and its Annexure, the Clause in the Integrity Pact will prevail.

-------------------------------------------- ---------------------------------------------------- (For & on behalf of the Principal) (For & On behalf of Bidder/Contractor)

(Office Seal) (Office Seal)

Place -----------------------

Date ------------------------

Witness 1:

(Name & Address) -----------------------------------------

-----------------------------------------

-----------------------------------------

-----------------------------------------

Witness 2:

(Name & Address) -----------------------------------------

-----------------------------------------

-----------------------------------------

------------------------------------------

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SEAL AND SIGNATURE OF THE BIDDER

ANNEXURE-VI

PRICE BID FORMAT

DEPLOYMENT OF MANPOWER

Sl. No

Description of item Unit Qty. Rate (Rs) as per

minimum wages

PF @ 12 % (Rs)

(*) PF (Admn) @ 1 %

(Rs)

ESI @ 3.25 %

(Rs)

Rate (Rs) Total amount as per

minimum wages

without services

charges (Rs.)

Service charges to be

quoted by Contractor per person

per day (Rs.)

Total service charges

(Rs.)

1 2 3 4 5 6 7 = (3+4+5+6)

8 = (2X7)

9 10 = (2X9)

1 Supply of unskilled labourers for clearing of spillage material & housekeeping and other related works at PF dept. in A, B, C & G shifts as per the instructions of Engineer-in-charge.

Mandays 16015 525.00 63.00 5.25 17.06 610.31 97,74,114.65 To be quoted

in MSTC Portal

directly.

Quoted 2 Supply of unskilled labourers for clearing of

spillage material & housekeeping and other related works at PF department beyond normal working hours.

Hours 2500 131.25 0.00 0.00 4.27 135.52 3,38,800.00

(*) A/c. No. 2: PF Admin. Account and A/c. No. 22: EDLIS Admin Account shall be reimbursed as admissible as per rules.

Note:

1. Price bids would be evaluated by considering contractor’s service charges only i.e Column 9.

2. Any Revision issued by Govt. during the tenure of the contract will be considered for the payment.

3. The SERVICE CHARGES quoted shall inclusive of all taxes and duties, contractor profit, etc., excluding applicable GST.

4. The service charge quoted by the contractor shall remain firm and no escalation is admissible on service charge for any reason whatsoever.

Signature of Tenderer with Seal

Page 28: KIOCL Limited...Page 1 of 27 SEAL AND SIGNATURE OF THE BIDDER KIOCL Limited (A Government of India Enterprise) II Block, Koramangala, Bengaluru - 560 034. Ph: 25531461-70 Extn: 283