bank of baroda...bank of baroda baroda apex academy, gandhinagar page 3 of 35 important details: bid...

Bank of Baroda Baroda Apex Academy, Gandhinagar

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BANK OF BARODA

COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT

FOR

HVAC SYSTEM

AT

BARODA APEX ACADEMY

GANDHINAGAR

TECHNICAL BID

TENDER PERIOD FROM 22.02.2019 TO 14.03.2019 UPTO 2:00 PM

DATE OF PRE-BID MEETING: 05.03.2019 AT 11:30 AM

OPENING OF TECHNICAL BID ON 14.03.2019 AT 3:00 PM


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COMPREHENSIVE ANNAUL MAINTENANCE CONTRACT FOR HAVC SYSTEM INSTALLED

AT BARODA APEX ACADEMY BUILDING AT GANDHINAGAR

NOTICE OF TENDER

Notice inviting Tender from authorized dealers/ authorised Service Provider for of M/s Johnson Controls- Hitachi Air Conditioning India Ltd. for Comprehensive Annual Maintenance Contract for HVAC System installed at Baroda Apex Academy Building, Gandhinagar.

Period of Comprehensive Annual Maintenance Contract (CAMC):

1) 01.04.2019 to 31.03.2020

2) 01.04.2020 to 31.03.2021

3) 01.04.2021 to 31.03.2022

• Above mentioned CAMC shall be subject to satisfactory services based on annual review.

• Above contract may be renewed for a further period of -2- years on annual basis subject

to satisfactory services upon mutual agreeing both the parties. Payment for the same

shall be considered based on prevailing market rate on % increase/decrease basis of the

previous contract amount.

• Payment shall be made quarterly basis in advance.

Authority of the above contract:

Deputy General Manager & Head

Baroda Apex Academy

Bank of Baroda

6th/ 7th Floor, BOB Tower,

Near Udyog Bhawan, GH-4,

Sector-11, Gandhinagar- 382011.


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Important Details:

Bid Security / Earnest Money Deposit

(EMD)

Rs.33,000/- (Rupees Thirty Three

Thousand only) in the form of Demand

Draft/Banker’s cheque in favour of Baroda

Apex Academy, payable at Gandhinagar

Availability of Tender Document Tender documents can be download from

Bank of Baroda’s web-site from the link

https://www.bankofbaroda.com/tender.htm

Tender Period 22.02.2019 to 14.03.2019 up to 2:00 pm

Last date of submission of any query

through e-mail

04.03.2019

Pre- Bid Meeting: Date, Time & Location Date: 05.03.2019 at 11:30 am

Conference Hall, 7th Floor,

Baroda Apex Academy,

Bank of Baroda, Nr. Udyog Bhawan,

GH-4, Sector-11,

Gandhinagar-382011

Addendum Addendum if any shall be uploaded on the

same website along with the original tender.

Last Date and Time of Submission 14.03.2019 upto 2:00 pm

Date and Time of Technical bid Opening On 14.03.2019 at 3:00 pm

Location for Tender Bid Submission &

Technical Bid opening

7th Floor,

Baroda Apex Academy,

Bank of Baroda, Nr. Udyog Bhawan,

GH-4, Sector-11,

Gandhinagar-382011

Date and Time of Financial bid Opening Date and Time will be intimated after

technical evaluation of bids to the

technically qualified bidders only

Performance Guarantee 5% of your Total Quoted Amount ( total of

three years) in the form of Bank Guarantee

from any Nationalized Bank within 14 days of

issue of LOA / Work Order. (Over and above

the EMD). EMD shall also be considered as a

security deposit.

Release of EMD/ Security Deposit &

Performance Guarantee

EMD/ Security Deposit & Performance Bank

Guarantee shall be released after completion

of three years comprehensive AMC

EMD/ Security Deposit & Performance

Guarantee during renewal (after three

years)

Same shall be considered on pro-rata basis

of the renewal amount and shall be released

after completion of that period.


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Downloading Tender Document: Downloaded application from Bank’s website https://www.bankofbaroda.com/tender.htm must be

used by the Bidders. All the information should be furnished in the space provided and

documentary evidences / copies of certificates duly certified to be attached compulsorily.

Please note that any changes in the prequalification / other criteria mentioned in this Tender

Document shall be inserted as addendum in the tender section of Bank’s Website. Hence bidders

are requested to regularly check Bank’s website till the last date of submission of tender.

Offers received without incorporating modifications suggested by Bank (if any) shall liable for

rejection.

Queries

The applicants are requested to obtain any information regarding tender by contacting

the Bank's officials / engineer attached to Baroda Apex Academy at Gandhinagar,

during working hours not later than one day before the pre-bid meeting.

Contact Persons : Ramesh Iyer, CM / B.G.Brahmbhatt,CM / Hitesh Mahurkar ,CM

/ Rashesh Patel, Manager

Telephone Numbers : 079 23973241 / 079 23973223 / 079-23973224/

079-23973246

E Mail : [email protected]

Submission: The sealed Technical Bid and Financial BID should be kept in two separate

sealed/properly closed envelops super scribing “Technical BID for Comprehensive Annual

Maintenance Contract for HVAC System installed at Baroda Apex Academy Building,

Gandhinagar” and “Financial BID for Comprehensive Annual Maintenance Contract for HVAC

System installed at Baroda Apex Academy Building, Gandhinagar” Both the above envelopes

(Technical and Financial Bid ) should be kept in one Single Envelope superscripting “Bids for

Comprehensive Annual Maintenance Contract for HVAC System installed at Baroda Apex

Academy Building, Gandhinagar”. EMD DD/Bankers’ cheque shall be attached with Technical Bid

envelop only.

mailto:[email protected]


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Letter of Transmittal

The General Manager

Bank of Baroda

Sir,

Tender for Short- listing of authorized/ reputed Service Provider for Comprehensive Annual

Maintenance Contract for HVAC System installed at Baroda Apex Academy Building,

Gandhinagar

Should this tender be accepted, I / We hereby agree to abide by and fulfill the terms and

provisions of the said Conditions of Contract annexed hereto so far as they may be applicable

or in default thereof to forfeit and pay to Bank of Baroda the amount mentioned in the said

conditions.

I / We have deposited a sum of Rs. 33,000/- (Rupees Thirty Three Thousand Only) as earnest

money in the form of Demand Draft with the Bank of Baroda should I / We fail to execute the

contract when called upon to do so, I / We do hereby agree that this sum shall be forfeited by

Bank of Baroda.

4. Our bankers are: (With full address):

(i)

(ii)

The names of partners of our firm are:

(i)

(ii)

Names of the partner(s) of the

firm authorised to sign

(Name of person having power Attorney to sign the Contract (Certified true copy of the Power of

Attorney should be attached)

Yours faithfully,

Signature of Contractor

(Signatures and addresses of witnesses)

(i)

(ii)


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Brief Scope of the Work:

The Bank of Baroda is having own premises of Baroda Apex Academy at Gandhinagar. HVAC

system is installed at all the floors of the building. Major HVAC system is covered with VRV

system and rest with conventional split AC system & ductable AC system.

Name of the premises/ Building: Baroda Apex Academy- Bank of Baroda

Address of the premises for the comprehensive AMC: Baroda Apex Academy, Bank of Baroda,

Near Udyog Bhawan, GH-4, Sector-11, Gandhinagar- 382011.

Number of Floors: Ground + Seven Upper Floors + Terrace

Approx. Area of the Floor: 10,000 Sq.ft. for Ground, First & Second Floors; 8,000 Sq.ft. for

remaining upper floors

Type of HVAC System installed & Make of the system: Major covered by VRV System with

combination of split & cassette type (Hitachi), Ductable AC System at Auditorium on Ground

Floor (Hitachi), Conventional Split AC units (Hitachi & Panasonic), Conventional Cassette type AC

Unit (Hitachi) at Ground Floor reception.

Coverage of HVAC System: All the HVAC systems installed at Baroda Apex Academy Building

shall be covered under comprehensive AMC except HVAC Systems installed at Gandhinagar

Regional Office Area (on Ground Floor), Vidhansabha Branch Area (on Ground Floor), Currency

Chest Area (on Basement). All other Area shall be covered under the comprehensive AMC. Four

Split Units (Panasonic) are yet to be installed within Building premises within -6- months.

However, the same shall also be considered for Comprehensive AMC, while quoting.

Location of Outdoor Units: Outdoor units are placed at various locations and various levels of

the Building including at duct area and terrace.


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Details of Indoor Units Installed:

Sr

No Floor Area Name IDU Unit

Selected

Indoor

Unit TR/

HP

Nos System no

1 Ground

Floor

Reception 4-Way Cassette 4 1 System-23

Auditorium Ductable 8.5 2 System-24

2 First

Floor

Classroom/ Computer Lab 4-Way Cassette 4 3

System-1 Academy Head Cabin Split 1.5 1

Faculty Work Area Split 1.5 1

Record Room 4-Way Cassette 4 1

UPS/ Switch room Split 1.5 4 System-25

Other Classroom 4-Way Cassette 5 1

System-2 Gymnasium 4-Way Cassette 4 1

Library 4-Way Cassette 4 2

Heritage Gallery 4-Way Cassette 3.0 2 System- 1 A

3 Second

Floor

Room-201 Split 2.5 2


System-6




Ante Room Split 1.0 1

Lounge / Buffet 4-Way Cassette 5.0 1

System-3 Executive Canteen 4-Way Cassette 5.0 1

Canteen/ Cafeteria

(Executive canteen Side) 4-Way Cassette 3.0 2

Canteen/ Cafeteria

(remaining area) 4-Way Cassette 4.0 4 System-4

4 Third

Floor

Room-1 Cassette 4.0 1

System-9

Room-2 Split 1.0 2

Room-16 Split 2.0 2

Room-17 Split 2.0 2

Room-18 Split 2.5 1

Room-3 Split 1.0 1

System-10 Room-4 Split 1.0 1

Room-5 Split 1.0 1


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Room-15 Split 2.0 1

Room-6 Split 1.0 1

System-8 Room-7 Split 1.5 2

Room-14 Split 1.0 1

Room-8 Split 2.5 1

System-7

Room-9 Split 2.5 1

Room-10 Split 2.5 1

Room-11 Split 2.5 1

Room-12 Split 1.5 1

Room-13 Split 1.5 1

5 Fourth

Floor

Room-1 Split 1.5 1

System-12

Room-2 Split 1.5 1

Room-3 Split 1.5 1

Room-4 Split 1.5 1

Room-5 Split 1.5 1

Room-15 Split 1.5 1

Room-16 Split 1.5 1

Room-17 Split 1.5 1

Room-18 Split 2.5 1

Room-6 Split 1.5 1

System-11

Room-7 Split 1.5 1

Room-8 Split 1.5 1

Room-9 Split 1.5 1

Room-10 Split 1.5 1

Room-11 Split 1.5 1

Room-12 Split 1.5 1

Room-13 Split 2.5 1

Room-14 Split 1.5 1

6 Fifth

Floor

Room-1 Split 1.5 1

System-14

Room-2 Split 1.5 1

Room-3 Split 1.5 1

Room-4 Split 1.5 1

Room-5 Split 1.5 1

Room-15 Split 1.5 1

Room-16 Split 1.5 1

Room-17 Split 1.5 1

Room-18 Split 2.5 1


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Room-6 Split 1.5 1

System-13

Room-7 Split 1.5 1

Room-8 Split 1.5 1

Room-9 Split 1.5 1

Room-10 Split 1.5 1

Room-11 Split 1.5 1

Room-12 Split 1.5 1

Room-13 Split 2.5 1

Room-14 Split 1.5 1

Sixth

Floor

Takshsheela Classroom 4-Way Cassette 4.0 3 System-15

Nalanda Classroom 4-Way Cassette 4.0 1

Nalanda Classroom 4-Way Cassette 4.0 1

System-17

DGM/ Head Cabin Split 1.5 2

Doctor Room Split 1.5 2

General Manager Cabin 4-Way Cassette 4.0 1

Faculty Work Area 4-Way Cassette 4.0 1

Faculty Work Area 4-Way Cassette 4.0 1

System-16

Vallabhi Classroom 4-Way Cassette 4.0 1

Vallabhi Classroom 4-Way Cassette 2.0 1

Takshasheela Classroom 4-Way Cassette 2.0 1

Takshasheela Classroom 4-Way Cassette 4.0 1

Waiting Lounge 4-Way Cassette 4 3

8 Seventh

Floor

Class Room 4-Way Cassette 3.0 5 System-19

Faculty & Admin Block 4-Way Cassette 3.0 5 System-20

AGM Cabin-1 Split 2.0 1

System-22




Conference Hall 4-Way Cassette 4.0 2

Waiting Area 4-Way Cassette 5.0 3 System-21


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Pre-qualification Criteria

The applicants who are desirous of tendering for above work and fulfill the following minimum

criteria only need to apply:

1. Applicant should be authorized dealer/ service provider/ maintenance contractor of Hitachi

AC System.

2. Experience of having successfully carried out HVAC System maintenance of VRV units,

conventional split, cassette type units and ductable system etc. during last 7 years (as of

31.01.2019). The features of the work completed should be any of the following:

a) One similar* completed work each costing not less than Rs. 26.50 Lacs

(AMC amount of one work order)

OR

b) Two similar* completed works each costing not less than Rs.16.55 Lacs


OR

c) Three similar* completed works each costing not less than Rs.13.25 Lacs


*Similar completed work shall means may have carried out Annual Maintenance Contract of

VRV units, conventional split & cassette type units and ductable system etc at any Commercial/

Residential/ Office/ Hotel/ Hospital etc. Building with minimum capacity of 110 HP.

3. Average annual turnover for the last three years should not be less than Rs.10.0 Lacs

4. Should have reasonable presence at Ahmedabad/ Gandhinagar.

5. Should have sufficient organizational structure comprising of qualified Personnel viz. Engineers,

Technicians, Specialists in the field of HVAC along with other associates, if any, to carry out

supervision of such work in terms of nature and magnitude.

Applications by those firms who do not submit “Performance Certificates” for the similar

works as per above, from their previous employers / clients are liable to be rejected.

The Bank reserves the right to accept or reject any or all the applications without assigning any

reasons whatsoever.


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Other Information to be furnished:

i. Attested copy of Affidavit for sole proprietorship / partnership deed / memorandum

and Article of association.

ii. Attested copy of power of Attorney on non – judicial stamp Paper of appropriate

value of the signatory of Bid on behalf of the Bidder.

iii. All the requisite and the following Annexure duly filled sealed & signed by Consultant

/ firm or their authorized representative of Consultant / firm.

iv. Company background.

• The rate quoted by applicants shall be inclusive of all taxes, GST, logistics, loading,

unloading, lead- lift, consumables, visiting charges, service charges, spares, tools,

tackles, cost of routine services, cost of on call services, emergency call services,

general cleaning & micro-cleaning etc. complete as per scope of the work. Nothing

extra shall be paid on this account.

• Effect of statutory variation in the taxes by the Government shall be considered.

• The vendor can inspect the site and system installed at our office if desired so,

during office time within tender period with prior permission from the Bank.

• The vendor, tendering against the enquiry, shall be deemed to have read and

understood all the terms and conditions and familiarized themselves with the site and

nature of work and quoted accordingly

Scope of the Work:

• Regular/ periodic/ defect call and on call services of the entire HVAC system of

Baroda Apex Academy Building as mentioned above.

• HVAC System covers all the indoor units in form of Cassette/Split/Ductable, all

outdoor units, remotes, drain pipes, gas serving pipes, electrical panels, indoor/

outdoor supply, accessories, spares related to HVAC system, consumables & non-

consumables etc. to up-keep HVAC system giving full performance.

• Replacement of all spares/ parts of the system.

• Any addition/ alteration, location shifting of HVAC units during the period of

contract will also be covered in the AMC with no additional cost.

• This AMC is comprehensive type.

• The Annual Maintenance Contract will also include conducting training programme for

Bank’s personnel regarding the operation of the system during the routine visit at no

extra cost.

• Whenever any part of the system is found defective / inoperative, it shall

immediately, be brought to the notice of the Bank for repair / replacement, as the


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case may be and repair / replacement only after confirmation from the Bank.

• Any breakdown shall be attended immediately (in any case, within 4-6 hrs.), no extra

charges would be paid for complaint visits.

• A service logbook shall be maintained by the Annual Maintenance Contract vendor

wherein all the data related to the visits and services provided could be found. The

same shall be kept in Bank’s custody.

Instructions to the applicants for furnishing information as a part of application

a. Intending applicants are required to submit their applications with full bio data giving

details about their organization, experience, technical personnel in their organization,

competence and adequate evidence of their financial and technical standing etc. in the

enclosed form which will be kept confidential.

b. While deciding upon the technical qualification of applicant great emphasis will be

given on the ability and competence of applicants to do good quality works within the

specified scope of work and in close coordination with Bank officers/ occupants and

other agencies present/ working on site.

c. The financial bid of only those applicants will be opened, who will qualify in the

technical Bid. Date and Time for opening of Financial Bids shall be informed to

technically qualified bidders separately.

d. Each page of the application shall be signed. The application shall be signed by

person(s) on behalf of the organization having necessary authorization/power of

attorney to do so (certified copies to be enclosed).

e. If the space in the proforma is insufficient for furnishing full details, such

information may be supplemented on separate sheets of paper, stating therein the

part of the proforma and serial number. Separate sheets shall be used for each part.

However, the format shall be as per proforma.

f. Applications containing false/ incomplete and/or inadequate information are liable to

be rejected. Also mere fulfilment of eligibility criteria does not guarantee selection.

g. The Tender, which is received after due date and time, are liable to be rejected.

h. Bank reserves the right to accept or reject any of the offers, without assigning any

reasons, whatsoever thereof.

i. This tender is not an agreement and is neither an offer nor invitation by the Bank to

the prospective Bidder/s or any other person or entity. The purpose of this tender is

to provide interested parties with information that may be useful to them in the


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formulation of their bids pursuant to this tender. This tender may not be appropriate

for all persons, and it is not possible for the Bank, its employees or advisors to

consider the investment objectives, financial situation and particular needs of each

party who reads or uses this tender. While all care has been taken to keep the

assumptions, assessments, statements and information contained in this tender as

relevant, complete, accurate, adequate and correct, it may not be taken as final.

j. The Bank reserves the right to cancel / terminate the work order at any time of the

contract / hand over the uncompleted work to other qualified vendors at its

discretion.

k. All costs and expenses (whether in terms of time or money) incurred by Bank /

Bidder/s in any way associated with the development, preparation, and submission of

responses, including but not limited to attendance at meetings, discussions,

site/infrastructure visits etc. and providing any additional information required by

the Bank, will be borne entirely and exclusively by the Respondent.

l. No binding legal relationship will exist between any of the Bank / Bidder/s and the

Bank until execution of a contractual agreement to the full satisfaction of the Bank.

m. It is the Recipient’s responsibility to conduct visit and analyze any information

contained in the tender document and the meaning and impact of that information.

n. The issuance of tender document is merely an invitation for short listing/ selecting

the bidders who meet the benchmark of technical and financial capacity criteria and

must not be construed as any agreement or contract or arrangement nor would it be

construed as any investigation or review carried out by a Recipient, nor would it be

conferring any right on the bidder over the Bank for any kind of claim whatsoever.

The Recipient unconditionally acknowledges by submitting its response to this tender

document that it has not relied on any idea, information, statement, representation,

or warranty given in this tender document.

o. All standards to be followed will adhere to Bureau of Indian Standards (BIS)

specifications.

Earnest Money Deposit

• The EMD of unsuccessful Bidders will be returned within two weeks from the date of

finalization of the Bid.

• Financial Bid of only those bidders would be opened who have technically qualified

which will be communicated by E-mail, at a later date.

• No interest is payable in the EMD.

• EMD may be forfeited in the event of withdrawal of bid during the bid validity period

or if successful bidder fails to sign the contract (SLA) in accordance with the terms

and conditions and other requirements specified in the tender document or any act of

the bidder not in line with contract obligations. EMD may be forfeited if a bidder


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makes and statement or encloses any form which turns out to be false/ incorrect at

any time prior to signing the SLA. If EMD is forfeited for any reason, the concerned

bidder may be debarred from further participation in future bids floated by the

Bank, as per discretion of the Bank.

Pre-Bid Meeting, Clarifications & Amendments

• Bidder/s requiring any clarification on the tender document may notify the Bank in

writing through email as per details and duration mentioned in table aforesaid.

• Queries raised (without identifying source) and clarification issued by Bank of Baroda

in the form of addendum/corrigendum, will be floated in the Bank’s web-site only, no

other communication would be made. It is the responsibility of the bidder/s to check

for email from bank before final submission of bids.

• All Bidders must ensure that such clarifications / amendments have been taken care

by them before submitting the bid. Bank will not take responsibility for any omission

by the bidder/s.

• At any time prior to the deadline for submission of bids, the Bank, for any reason,

whether at its own initiative or in the response to a clarification requested by the

prospective Bidder, may modify the Bid Document, by amendment.

• In order to enable the bidder/s; reasonable time in which to take amendments into

account in preparing the bids, the Bank, at its discretion may extend the deadline for

submission of bids.

Validity of Bids

• Bids shall remain valid for a period of 90 Days from the date of opening of the Financial

Bid. A bid valid for a shorter period may be rejected by the Bank as non-responsive.

Validity of all the eligible bids would be required till the successful bidder/s sign

contract with Bank of Baroda.

Bank’s right to accept any Bids and to reject any or all bids

• The Bank reserves the right to accept or reject any Bid in part or in full or to cancel the

Bidding process and reject all bids at any time prior to contract award, without incurring

any liability to the affected bidder or Bidders or any obligation to inform the affected

Bidder or Bidders of the grounds for the Bank’s action.


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Contacting the Bank

• No bidder/s shall contact the Bank on any matter relating to its Bid, from the time of

opening of tender to the time contract is awarded.

• Any effort by the Bidder/s to influence the Bank in its decision on tender evaluation,

tender comparison or contract award may result in rejection of the Bidder’s tender.

Award and Signing of Contract

• Bank of Baroda will communicate to successful bidder/s (through letter in duplicate by

email) that its bid have been accepted. The selected bidder/s have to return the

duplicate copy to the Bank within 7 working days duly Accepted, Stamped and Signed by

the Authorized Signatory in token of acceptance.

• It would be mandatory for L1 Bidder to accept the work awarded by the Bank, if failed

the EMD would be forfeited.

• In case the tender is cancelled, Bank of Baroda reserves the right to take appropriate

decision, including calling up of fresh tenders.

• The successful bidder/s shall be required to enter into a contract with the Bank, within

15 days of receipt of formal communication (email or letter) from the Bank about the

successful tender. Copy of the board resolution or power of attorney showing that the

signatory has been duly authorized to sign the acceptance letter and contract should be

submitted. In case the bidder/s fails to enter into contract with the Bank within the

stipulated time, Bank reserves the right to cancel the order and cancel the tender.

• Failure of the successful Bidder/s to enter into contract with the Bank within the

stipulated time shall constitute sufficient grounds for the annulment of the award and

forfeiture of the EMD.

• The Bank reserves the Right either to invoke the Performance Bank Guarantee or to

cancel the purchase order or both if the Bidder/s fail to meet the terms of this Bid or

contracts entered in to with them.

Cancellation of Contract

The Bank reserves the absolute right to cancel the contract with the selected bidder/s at any time

during the contract period, by giving a written notice of at least one (01) Months, for any valid

reason, including but not limited to the following reasons:

• Delay in execution of orders placed by the Bank.

• Discrepancies / deviations in the agreed process and / of products.

• Violation of terms and conditions stipulated in this Bid / Contract.

• Unsatisfactory performance of the bidder.

• Any other valid reason.


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Bank of Baroda reserves the right to

• Reject any and all responses received in response to the tender.

• Waive or Change any formalities, irregularities, or inconsistencies in proposal format

delivery.

• Amend/ modify terms & conditions of tender.

• Extend the time for submission of the tender.

• Share the information/ clarifications provided in response to tender by any Bidder,

with any other Bidder(s) /others, in any form.

• Cancel the tender at any stage, without assigning any reason whatsoever.

Inspection of Facilities

• The applicant should not have any objection to Bank inspecting the site where the AMC

is being done by the applicant. Bank may also hold enquiries from past / present clients

of the applicant. Indemnity

The Vendor shall indemnify the Bank, and shall always keep indemnified and hold the Bank, its

employees, personnel, officers, directors, (hereinafter collectively referred to as “Personnel”)

harmless from and against any and all losses, liabilities, claims, actions, costs and expenses

(including attorneys' fees) relating to, resulting directly or indirectly from or in any way arising out

of any claim, suit or proceeding brought against the Bank as a result of:

• Bank’s authorized / bona fide use of the Deliverables and /or the Services provided by

Vendor under this assignment ; and/or

• Negligence or willful misconduct of the Vendor and/or its employees, agents, sub-

contractors in performance of the obligations under this assignment; and/or

• claims made by employees or subcontractors or subcontractors’ employees, who are

deployed by the Vendor, against the Bank; and/or claims arising out of employment, non-

payment of remuneration and non-provision of statutory benefits by the Vendor to its

employees, its agents, contractors and sub-contractors, or breach of any terms,

representation or false representation or inaccurate statement or assurance or

covenant or warranty of the Vendor under this assignment; and/or

• breach of confidentiality obligations of the Vendor; and/or

• any or all Deliverables or Services infringing any patent, trademarks, copyrights or such

other Intellectual Property Rights;

Bank shall notify the Vendor in writing as soon as practicable when the Bank becomes aware of

the claim, and Co-operates with the Vendor in the defense and settlement of the claims.

The Vendor shall have sole control of the defense and all related settlement/ negotiations, and


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Bank will provide the Vendor with the assistance, information and authority reasonably necessary

to perform the above.

In the event of successful bidder not fulfilling its obligations under this clause within the period

specified in the notice issued by the Bank, Bank has the right to recover the amounts due to it

under this provision from any amount payable to the vendor under this assignment.

The indemnities under this clause are in addition to and without prejudice to the indemnities

given elsewhere in this tender.

Dispute Resolution

• The Bank and the vendor shall make every effort to resolve amicably, by direct informal

negotiation between the respective project managers / directors of the Bank and the

vendor, any disagreement or dispute arising between them under or in connection with

the contract.

• If the Bank project manager / director and vendor project manager / director are

unable to resolve the dispute after thirty days from the commencement of such

informal negotiations, they shall immediately escalate the dispute to the senior

authorized personnel designated by the vendor and Bank respectively.

• If after thirty days from the commencement of such negotiations between the senior

authorized personnel designated by the vendor and Bank, the Bank and the vendor have

been unable to resolve contractual dispute amicably, either party may require that the

dispute be referred for resolution through formal arbitration.

• All questions, disputes or differences arising under and out of, or in connection with the

contract or carrying out of the work whether during the progress of the work or after

the completion and whether before or after the determination, abandonment or breach

of the contract shall be referred to arbitration by a sole Arbitrator acceptable to both

parties OR the number of arbitrators shall be three, with each side to the dispute being

entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall

appoint a third arbitrator shall act as the chairman of the proceedings. Arbitration will

be carried out at Gandhinagar. The Arbitration and Conciliation Act 1996 or any

statutory modification thereof shall apply to the arbitration proceedings

• Judgment upon the award may be entered by any court having jurisdiction thereof or

having jurisdiction over the relevant Party or its assets. Governing Laws

This Tender and the subsequent contract shall be governed and construed and enforced in

accordance with the laws of India. Both Parties shall agree that in respect of any dispute arising

upon, over or in respect of any of the terms of this Agreement, only the courts in Gandhinagar

shall have exclusive jurisdiction to try and adjudicate such disputes to the exclusion of all other

courts.


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(On the Agency’s Letter Head)

Annexure – A

ENVELOPE - 1 : OFFER LETTER


Baroda Apex Academy, Bank of Baroda


Near Udyog Bhawan, GH-4, Sector-11, Gandhinagar- 382011.

Dear Sir,

Re : Tender from authorized dealers/ authorized Service Provider for of M/s

Johnson Controls- Hitachi Air Conditioning India Ltd. for Comprehensive Annual

Maintenance Contract for HVAC System installed at Baroda Apex Academy

Building, Gandhinagar With reference to the Tender …

Having examined the nature and quantum of work relating to the above mentioned work and having

visited and examined the site of the proposed work and having acquired the requisite information

relating thereto as affecting the tender invited by you, I / We, the undersigned hereby offer for

undertaking Comprehensive AMC of HVAC System installed at Baroda Apex Academy Building

Gandhinagr.

I / We have also deposited refundable Earnest Money Deposit of Rs. 33,000/- in the form of Demand

Draft / Banker’s Cheque drawn in favour of Bank of Baroda, payable at Gandhinagar as per details given

hereunder : -

(a)

This EMD shall be considered as the security Amount and can be refunded after expiry of the contract

satisfactorily.

I / We agree to deposit an amount of 5% of total quoted amount as a Performance Guarantee for a

period of three years in form of DD / Bank Guarantee of a Nationalised Bank (refundable on expiry of

the contract), which in the event of not carrying out the contracted services, as per terms and

condition of the tender, shall be forfeited.

I / We certify that the my / our Company / firm or owner or any sister concern have not been

Blacklisted by any institution of the Central or State Govt., PSU/PSB in the past three years on any

grounds whatsoever.

We have read the general Terms and Conditions of the Work Contract and agree to abide and comply

with the same.

Seal: Yours faithfully

Date:

Place: Name & Signature of the Vendor

Encl : As above.


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Annexure – B

TECHNICAL BID ENVELOPE

S.No Description Information from the Vendor

.

1. Name and Address of the Firm

2. Telephone Nos. & Email Id.

3. Type of Firm: (Sole Proprietorship/Partnership/Ltd.

Co./Other)

4. Name of Contact Person with contact number in

relation to this

Tender:

4. Address & Tel. No. of the Branch/Service Centre in Ahmedabad / Gandhinagar

5. Details of Authorised Registration a) Name in the authority letter:

b) Valid Upto:

c) Initial Date of

Issue:

d) Licensed for Type of Work:

5. GST No.

6. PAN No.

7. The Turnover of the Firm for the last -3- Years for the

Minimum average turnover of Rs. 10.00 Lacs during

similar nature of works

last three years for a work of similar

nature of work.

Year Turn Over amt.

in Audited Balance Sheet (att. Copy)

Lacs

2015-2016

2016-2017

2017-2018

8. Name of Banker with address

9. Details of work carried out for previous clients

(attach copy)

Year Name of Organization Type of Work Amount


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(i)

(ii)

(iii)

10. No. of Authorized Technical Staff

Name of person Qualification Designation

Total Experience in the

Firm

11. a) Has your company/firm been ever blacklisted in

past 3 years. Give details if Yes.

b) If No, a certificate be submitted

stating that the

company/firm or its owner or any sister

concern have

not been so blacklisted by any institution

of the

Central or State Govt, PSU/PSBs in the past three

years on any grounds whatsoever.

12. The vendor must have experience in commissioning

and maintenance of HVAC system

including VRV & ductable system in High

Rise

Buildings of minimum 7 stories. (Attach

Copy)

13. The firm must have carried out at least

One Similar completed work shall means

may have carried out Annual Maintenance

Contract of VRV units, conventional split &

cassette type units and ductable system

etc at any Commercial/ Residential/

Office/ Hotel/ Hospital etc. Building with

minimum capacity of 110 HP.

(Attach Copy)

Seal: Yours faithfully

Date:

Place: Name & Signature of the Vendor

Encl : As above.


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(On the Agency’s Letter Head)

Annexure – C

FINANCIAL BID


Baroda Apex Academy, Bank of Baroda


Near Udyog Bhawan, GH-4, Sector-11, Gandhinagar- 382011. Dear Sir,

Re : Tender from authorized dealers/ authorized Service Provider for of M/s

Johnson Controls- Hitachi Air Conditioning India Ltd. for Comprehensive

Annual Maintenance Contract for HVAC System installed at Baroda

Apex Academy Building, Gandhinagar

Comprehensive Annual Maintenance Contract:

Work / Job Rate Quoted (in Rs. )

Per Annum (excluding GST)

Total AMC cost for the First Year Rs.

Total AMC cost for the Second Year Rs.

Total AMC cost for the Third Year Rs.

TOTAL AMC COST FOR 3 YEARS Rs.

GST over Total of Three Years Rs.

Total of Three years including GST and all factors Rs.

Total Cost in Words:- Rupees

Note: In case of any discrepancy, total cost quoted in words will be considered.

Seal : Date: Place:

Name & Signature of the Vendor


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ARTICLES OF AGREEMENT

(To be executed with the selected contractor/ agency)

ARTICLES OF AGREEMENT made at Gandhinagar on the ______________ 20__ between

BANK OF BARODA, a body corporate having its Head office at Alkapuri, Baroda and

Corporate Office at C-26, G-Block, Bandra Kurla Complex, Bandra (E), and Mumbai-400 051.

(Hereinafter called “the Bank”) of the one part AND _________________________________________________________________

(herein after called “The Contractor”) which expression shall, unless repugnant to the context, mean and include of the other part.

WHEREAS

The Bank is desirous of carrying out Comprehensive AMC of HVAC system (for a period of

three years subject to annual review based on satisfactory performance) for their building

Baroda Apex Academy at Gandhinagar, ___________________________________

(hereinafter referred to as the said site) and the said complex is more fully described in the

layout drawings and for the purpose (will be issued to the selected contractor) , the parties

hereto have agreed to enter into this contract (hereinafter referred to as the contract).

The Contractor has agreed to execute the said works viz AMC of HVAC system (for a period

of three years subject to annual review based on satisfactory performance) for the building

Baroda Apex Academy at Gandhinagar subject to the provisions hereinafter contained and

subject also to General and Special Conditions, Safety Code, Specifications, Preambles, all of

which are hereinafter collectively referred to as the ‘said tender conditions’ strictly in

accordance with the tender specifications for mentioned HVAC System and the

specifications and schedule of quantities referred to above at or for the respective rates set

out in the priced Schedule of Quantities amounting to the sum as there under arrived at or

such other sums as shall become payable there under (hereinafter referred to as the said

contract value).

NOW IT IS HEREBY AGREED AS FOLLOWS:

1. In consideration of the said contract value to be paid by the Bank to the Contractor

at the time and in the manner set forth in the said tender conditions and in accordance

with the Schedule of payments to execute and complete the work shown upon for the

installed systems strictly in accordance with the tender terms and standard maintenance

norms.

2. The said tender Conditions and the Annexure hereto shall be read and construed as

forming part of this contract and the parties hereto shall respectfully abide by,

submit themselves to the said conditions and perform the agreements on their part

respectively contained in the said conditions.


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3. The contract herein contained shall comprise not only the works mentioned above but

all subsidiary works connected therewith at and within the same site as may be ordered to

be done from time to time by the Bank/ assigned consultant of Babnk for the time being.

4. The Banks reserves to themselves the right of altering the installed systems on requirements and by adding to or omitting any HVAC System or having portions of the

same carried out without prejudice to this contract.

5. All payments by the Bank under this Contract will be made only at Gandhinagar.

6. All disputes arising out of or in any way connected with this contract shall be deemed

to have arisen at Gandhinagar and only courts in Gandhinagar shall have jurisdiction to determine the same.

7. This contract shall be signed in Duplicate, the original whereof shall be kept in the

custody of the Bank, the duplicate with the Contractor.

8. That the contract and several parts of this contract have been read by the contractor and fully, understood by the contractor. The contractor shall not be entitled for payment beyond mentioned.

9. In case of non-satisfactory services/ not providing services/ not attending calls of

services/ not solving issues of systems/ not attending defects with rectification/ not made available spares/ parts against defective spare/ parts within -48- hours/ not making separate provision in case of non working of system for more than -48- hours at contractors/ agency cost etc. Bank may take steps to forefeet the EMD/ Security and/or Performance Guarantee or Both. In any of such case Bank may take steps to terminate the contractor over and above the forfeiture of EMD/Security/ Performance.

IN WITNESS WHEREOF the Bank has set his hands hereunto and a duplicate hereof

through his duly authorized official and the Contractor has caused these presents and two

duplicates hereof under his common seal/by his duly authorized representative at the place

and on the date month and year first herein above written.

SIGNED SEALED AND DELIVERED by BANK OF BARODA, The Bank

by the hand of

Shri.

___________________________________________________________________

_____________________________________________________________________

__

(Name and Designation) in the presence of

(1)___________________________________________________________________

__ Address:_________________________________________________________


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__________________________

_______________________________________________

(2)___________________________________________________________

__________

Address:_______________________________________________________

__________

_____________________________________________________________

_____ WITNESS

SIGNED SEALED AND DELIVERED BY M/s. _____________________________

The contractor by the name of Shri ____________________________(Name and Designation) in the presence of (1)___________________________________________________________________

__

Address: _____________________________________________________________________

___________________

______________________________________________

THE COMMON SEAL OF M/s_________________________ the contractor was hereunto affixed pursuant to the resolutions passed by its Board of Directors at the meeting held on ______________________________________________________

_________ in the presence of :

(1) ________________________________________________________________

__

(2) ________________________________________________________________

__

Directors who have signed these presents in token thereof in the presence of

(1) ______________________________________________________________

____

(2) ______________________________________________________________

____


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INTEGRITY PACT


General:

This Agreement (hereinafter called the Integrity Pact) is made at Gandhinagar on 1st day of

August, 2016, between, on one hand, Bank of Baroda, a body corporate constituted under the

Banking Companies (Acquisitions and Transfer of Undertakings) Act, 1970 having its head office

at Alkapuri Baroda, and its corporate office at Baroda Corporate Centre, C-26, G-Block, Bandra

Kurla Complex, Bandra East, Mumbai-400051 (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 …………………………………………….., (hereinafter called the

"BIDDER/Seller'' which expression shall mean and include, unless the context otherwise

requires, his successors and permitted assigns) of the Second Part.

WHEREAS the BUYER proposes to procure (Name of the Stores/Equipment/Item/Services) and

the BIDDER/Seller is willing to offer/has offered the said stores/equipment/item/services and

WHEREAS the BIDDER is a proprietorship firm, constituted in accordance with the relevant law

in the matter and the BUYER is a Public Sector Undertaking performing its functions on behalf

of the President of India.

NOW, THEREFORE, To avoid all forms of corruption by following a system that is fair,

transparent and free from any influence/prejudiced dealings prior to, during and subsequent to

the currency of the contract to be entered into with a view to :-

Enabling the BUYER to obtain the desired said stores/equipment at a competitive price in

conformity with the defined specifications by avoiding the high cost and the distortionary impact

of corruption on public procurement, and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure

the contract by providing assurance to them that their competitors will also abstain from bribing

and other corrupt practices and the BUYER will commit to prevent corruption, in any form, by its

officials by following transparent procedures.


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The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:

Commitments of the BUYER

1.1 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, organisation 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.

1.2 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.

1.3 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.

1.4 In case 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

2 The BIDDER commits itself to take all measures necessary to prevent corrupt practices,

unfair means and illegal activities during any stage of its 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 commit itself to the following:-

2.1 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, organisation or third party related

to the contract in exchange for any advantage in the bidding, evaluation, contracting and

implementation of the contract.

2.2 The BIDDER further undertakes that it 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 disfavour to any person in relation

to the contract or any other contract with the Government.


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2.3 BIDDERS shall disclose the name and address of agents and representatives and Indian

BIDDERs shall disclose their foreign principals or associates.

2.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other

intermediary, in connection with this bid/contract.

2.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the original

manufacturer/integrator/authorised government sponsored export entity 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.

2.6 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.

2.7 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.

2.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair

means and illegal activities.

2.9 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.

2.10 The BIDDER commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts.

2.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the

actions mentioned above.

2.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the

BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or

alternatively, if any relative of an officer of the BUYER has financial interest/stake in the

BIDDER's firm, the same shall be is closed by the BIDDER at the time of filing of tender.

The term 'relative' for this purpose would be as defined in Section 6 of the Companies Act

1956.

2.13 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.


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3 Previous Transgression

3.1 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.

3.2 The BIDDER agrees that if it 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.

4 Earnest Money (Security Deposit)

4.1 While submitting commercial bid, the BIDDER shall deposit an amount (as specified in

tender) as Earnest Money/Security Deposit, with the BUYER through any of the following

instruments:

(i) Bank Draft or a Pay Order in favour of Bank of Baroda, or

(ii) A confirmed guarantee by any Scheduled Commercial Bank other than Cooperative Bank,

promising payment of the guaranteed sum to the BUYER on demand within three working

days without any demur whatsoever and without seeking any reasons whatsoever. The

demand for payment by the BUYER shall be treated as conclusive proof of payment.

(iii) Any other mode or through any other instrument (to be specified in the tender).

4.2 The Earnest Money/Security Deposit shall be valid upto a period of seven years or the

complete conclusion of the contractual obligations to the complete satisfaction of both the

BIDDER and the BUYER, including warranty period, whichever is later.

4.3 In case of the 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.

4.4 No interest shall be payable by the BUYER to the BIDDER on Earnest Money/Security

Deposit for the period of its currency.

5 Sanctions for Violations

5.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting

on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the

BUYER to take all or any one of the following actions, wherever required:-

5.1.1 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.

5.1.2 The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance

Bond (after the contract is signed) shall stand forfeited either fully or partially, as

decided by the BUYER and the BUYER shall not be required to assign any reason

therefore.


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5.1.3 To immediately cancel the contract, if already signed, without giving any compensation to

the BIDDER.

5.1.4 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 Base Rate of Bank of Baroda, 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 BIDDER from the BUYER in

connection with any other contract for any other stores, such outstanding payment could

also be utilised to recover the aforesaid sum and interest.

5.1.5 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.

5.1.6 To cancel all or any other Contracts with the BIDDER. The BIDDER shall· be liable to pay

compensation for any loss ·or damage to the BUYER resulting from such cancellation/

rescission and the BUYER shall be entitled to deduct the amount so payable from the

money(s) due to the BIDDER.

5.1.7 To debar the BIDDER from participating in future bidding processes of the Government

of India for a minimum period of five years, which may be further extended at the

discretion of the BUYER.

5.1.8 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.

5.1.9 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.

5.1.10 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.

5.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x) of

this Pact also on the Commission by the BIDDER or any one employed by it or acting on its

behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in

Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any

other statute enacted for prevention of corruption.

5.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has

been committed by the BIDDER shall be final and conclusive on the BIDDER . However, the

BIDDER can approach the Independent Monitor(s) appointed for the purposes of this Pact.

6 Fall Clause

The BIDDER undertakes that it has not supplied/is not supplying similar product/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 or PSU and if it is found at any stage that

similar product/systems or sub systems was supplied by the BIDDER to any other

Ministry/Department of the Government of India or a PSU at a lower price, then that very price,

with due allowance for elapsed time, 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.


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7 Independent Monitors

7.1 The BUYER will be appointing Independent External Monitors (hereinafter referred to as

Monitors) for this Pact in consultation with the Central Vigilance Commission (Names and

Addresses of the Monitors to be given).

7.2 The task of the Monitors shall be to review independently and objectively, whether and to

what extent the parties comply with the obligations under this Pact.

7.3 The Monitors shall not be subject to instructions by the representatives of the parties and

perform their functions neutrally and independently.

7.4 Both the parties accept that the Monitors have the right to access all the documents

relating to the project/procurement, including minutes of meetings.

7.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so

inform the Authority designated by the BUYER.

7.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all

Project documentation of the BUYER including that provided by the BIDDER. The BIDDER

will also grant the Monitor, upon his request and demonstration of a valid interest,

unrestricted and unconditional access to his project documentation. The same is applicable

to Subcontractors. The Monitor shall be under contractual obligation to treat the

information and documents of the BIDDER/Subcontractor(s) with confidentiality.

7.7 The BUYER 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 parties. The parties will offer to the Monitor the option

to participate in such meetings.

7.8 The Monitor will submit a written report to the designated Authority of BUYER/Secretary

in the Department/ within 8 to 10 weeks from the date of reference or intimation to him by

the BUYER I BIDDER and, should the occasion arise, submit proposals for correcting

problematic situations.

8 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the

BUYER or its agencies shall be entitled to examine all the documents including the Books of

Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in

English and shall extend all possible help for the purpose of such examination.

9 Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the

BUYER.

10 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.


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11 Validity

The validity of this Integrity Pact shall be from date of its signing and extend upto 5 years or

the complete execution of the contract to the satisfaction of both the BUYER and the

BIDDER/Seller, including warranty period, whichever is later. In case BIDDER is unsuccessful,

this Integrity Pact shall expire after six months from the date of the signing of the contract.

11.1 Should one or several provisions of this Pact turn out to be invalid; the remainder of this

Pact shall remain valid. In this case, the parties will strive to come to an agreement to their

original intentions.

12. The parties hereby sign this Integrity Pact at Gandhinagar on ___________

BUYER BIDDER

Name of the Officer: …………………………… Name of owner: …………………………

Designation: ……………………. Designation: ………………………………

Bank of Baroda M/s ………………………..

Witness Witness

1. _____________________ 1. _________________

2. _____________________ 2. _________________


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PERFORMANCE BANK GUARANTEE


To

Bank of Baroda

Baroda Apex Academy Building

GH-4, Near Udyog Bhavan,

Sector-11

Gandhinagar-382011

hereas M/s ……………………………….., ………………………………………………………………………………………………..

……………………………….. …………………………………….. …………………………………………… ……………………………………..

(address) (Hereinafter called “the Vendor/Contractor”) was awarded a contract by Bank of

Baroda vide their work order No. …………………………………………………….. dated ………………………………………. to

execute allotment of work at …………………………………………….

……………………………………………………………………………………………… in Gandhinagar as mentioned in the Order

Copy dated ………………………………………….., to do the said job (hereinafter called “ the Contract”).

In consideration of the Bank of Baroda, ……………………………………….. …………………………..

………………………………………………………………………………………….. (“the beneficiary”), having agreed under the

terms and conditions of an Agreement dated …………………………. (hereinafter called ” the said

Agreement”) made between ………………………………………… (hereinafter called “the Vendor/Contractor”)

and Bank of Baroda, a body corporate having its registered office at Mandvi, Baroda and

corporate office at C-26, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai-400051

(hereinafter called the “Beneficiary”) for the due fulfillment of the terms and conditions in the

said Agreement by the said Contractor, on production of a Performance Bank Guarantee for

Rs………………………………………./- (Rupees …………………………. …………………………

………………………………………………………. only), we ………………………………….. (Bank)., a company constituted

under the companies Act 1956, and within the meaning of section 2(20) of companies Act,2013

bearing Corporate Identity Number(CIN)-……………………………………………………………………………. and deemed

to be a banking company under the Banking Regulation Act.1949, having its Registered office and

head office at ……………………………………………………………………………………………………………

………………………………………………………………………….., and among other places a branch At

…………………………………………. ………………………… …………………………………………………………... (hereinafter referred

to as “ the Bank”) do hereby undertake to pay to the beneficiary an amount not exceeding

Rs………………………………………./- (Rupees …………………………. …………………………

………………………………………………………. only) against any loss or damage caused to or suffered or would

be caused or suffered by the beneficiary by reason of a breach by the said Contractor(s) of any

of the terms or conditions contained in the said Agreement.

we ………………………………….. (Bank)., a company constituted under the companies Act 1956, and


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within the meaning of section 2(20) of companies Act,2013 bearing Corporate Identity

Number(CIN)-……………………………………………………………………………. and deemed to be a banking company

under the Banking Regulation Act.1949, having its Registered office and head office at

……………………………………………………………………………………………………………

………………………………………………………………………….., and among other places a branch At

…………………………………………. ………………………… …………………………………………………………... (hereinafter referred

to as “ the Bank”) do hereby undertake to pay to the beneficiary an amount not exceeding

Rs………………………………………./- (Rupees …………………………. …………………………

………………………………………………………. only) against any loss or damage caused to or suffered or would

be caused or suffered by the beneficiary by reason of a breach by the said Vendor/Contractor

of any of the terms or conditions contained in the said Work Order / Agreement / tender. We, ……………………………………….., through our local office at ……………………………… …………………. …………………..

……………………………………………………………………….. in India furnish you the Performance Bank Guarantee in

manner hereinafter contained and agree with you as follows:

1. We ……………………………………………………………., …………………………. …………………..

………………………………………………………………………. undertake to pay the amounts due and payable

under this Guarantee without any demur, merely on demand from you and undertake to

indemnify you and keep you indemnified from time to time to the extent of

Rs………………………………………./- (Rupees …………………………. …………………………

………………………………………………………. only) against any loss or damage caused to or suffered by

or that may be caused to or suffered by you on account of any breach or breaches on the

part of the Vendor/Contractor or any of the terms and conditions contained in the work

order / agreement / tender and in the event of the vendor/contractor commits default or

defaults in carrying out any of the work or discharging any obligation in relation thereto

under the work order / agreement / tender or otherwise in the observance and

performance of any of the terms and conditions relating thereto in accordance with the

true intent and meaning thereof, we shall forthwith on demand pay to you such sum or

sums not exceeding the sum of Rs………………………………………./- (Rupees ………………………….

………………………… ………………………………………………………. only) as may be claimed by you on account

of breach on the part of the vendor/contractor of their obligations in terms of the work

order / agreement / tender.

2. Notwithstanding anything to the contrary contained herein or elsewhere, we agree that

your decision as to whether the vendor/contractor has committed any such default or

defaults and the amount or amounts to which you are entitled by reasons thereof will be

binding on us and we shall not be entitled to ask you to establish your claim or claims

under Bank Guarantee but will pay the same forthwith on your demand without any protest

or demur.

3. This Bank Guarantee shall continue and hold good until it is released by you on the

application by the vendor/contractor after expiry of the relative guarantee period of the

work order / agreement / tender and after the vendor/contractor has discharged all his

obligations under the work order / agreement / tender and produced a certificate of due

completion of work under the said work order / agreement / tender and submitted a “No


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Demand Certificate” provided always that the guarantee shall in no event remain in force

after the day of ………………………………………. without prejudice to your claim or claims arisen

and demanded from or otherwise notified to us in writing before the expiry of the said

date which will be enforceable against us notwithstanding that the same is or are

enforced after the said date.

4. Should it be necessary to extend Bank Guarantee on account of any reason whatsoever, we

undertake to extend the period of Bank Guarantee on your request under intimation to

the vendor/contractor till such time as may be required by you. Your decision in this

respect shall be final and binding on us.

5. You will have the fullest liberty without affecting Bank Guarantee from time to time to

vary any of the terms and conditions of the work order / agreement / tender or extend

the time of performance of the work order / agreement / tender or to postpone any time

or from time to time any of your rights or powers against the vendor/contractor and

either to enforce or forbear to enforce any of the terms and conditions of the said work

order / agreement / tender and we shall not be released from our liability under Bank

Guarantee by exercise of your liberty with reference to matters aforesaid or by reason

of any time being given to the vendor/contractor or any other forbearance, act or

omission on your part of or any indulgence by you to the vendor/contractor or by any

variation or modification of the work order / agreement / tender or any other act, matter

or things whatsoever which under law relating to sureties, would but for the provisions

hereof have the effect of so releasing us from our liability hereunder provided always

that nothing herein contained will enlarge our liability hereunder beyond the limit of

Rs………………………………………./- (Rupees …………………………. …………………………

………………………………………………………. only) as aforesaid or extend the period of the guarantee

beyond the said day of ………………………….. unless expressly agreed to by us in writing.

6. The Bank Guarantee shall not in any way be affected by your taking or giving up any

securities from the vendor/contractor or any other person, firm or company on its behalf

or by the winding up, dissolution, insolvency or death as the case may be of the

vendor/contractor.

7. In order to give full effect to the guarantee herein contained, you shall be entitled to act

as if we were your principal debtors in respect of all your claims against the

vendor/contractor hereby guaranteed by us as aforesaid and we hereby expressly waive

all our rights of surety ship and other rights, if any, which are in any way inconsistent

with any of the provisions of Bank Guarantee.

8. Subject to the maximum limit of our liability as aforesaid, Bank Guarantee will cover all

your claim or claims against the vendor/contractor from time to time arising out of or in

relation to the said work order / agreement / tender and in respect of which your claim in

writing is lodged on us before expiry of Bank Guarantee.


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9. Any notice by way of demand or otherwise hereunder may be sent by courier, telex, fax,

e-mail, speed post or registered post to our local address as aforesaid and if sent

accordingly it shall be deemed to have been given when the same has been posted.

10. The Bank Guarantee and the powers and provisions herein contained are in addition to and

not by way of limitation of or substitution for any other guarantee or guarantees here

before given to you by us (whether jointly with others or alone) and now existing

uncancelled and that Bank Guarantee is not intended to and shall not revoke or limit such

guarantee or guarantees.

11. The Bank Guarantee shall not be affected by any change in the constitution of the

vendor/contractor or us nor shall it be affected by any change in your constitution or by

any amalgamation or absorption thereof or therewith but will ensure to the benefit of and

be available to and be enforceable by the absorbing or amalgamated company or concern.

12. The Bank Guarantee shall come into force from the date of its execution and shall not be

revoked by us any time during its currency without your previous consent in writing.

13. We further agree and undertake to pay you the amount demanded by you in writing

irrespective of any dispute or controversy between you and the vendor/contractor.

14. Notwithstanding anything contained herein above;

i) Our liability under this Guarantee shall not exceed Rs………………………………………./-

(Rupees …………………………. ………………………… ………………………………………………………. only);

ii) This Bank Guarantee shall be valid up to and including the date …………………………………;

and

iii) We are liable to pay the guaranteed amount or any part thereof under this Bank

Guarantee only and only if you serve upon us a written claim or demand on or

before the expiry of this guarantee.

15. We have the power to issue this Bank Guarantee in your favour under the Memorandum

and Articles of Association of our Bank and the undersigned has full power to execute

this Bank Guarantee under the Power of Attorney issued by the Bank.

For and on behalf of

Branch Manager

Seal & Address

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