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Page 1: CONTENTS OF TENDER DOCUMENT2 CONTENTS OF TENDER DOCUMENT Sections Contents Page Number 1 Notice Inviting Tender 3-4 2 Technical Proposal Submission Form 5-6 3 Instructions to the Bidders
Page 2: CONTENTS OF TENDER DOCUMENT2 CONTENTS OF TENDER DOCUMENT Sections Contents Page Number 1 Notice Inviting Tender 3-4 2 Technical Proposal Submission Form 5-6 3 Instructions to the Bidders

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CONTENTS OF TENDER DOCUMENT

Sections Contents Page Number

1 Notice Inviting Tender

3-4

2 Technical Proposal Submission Form

5-6

3 Instructions to the Bidders

7-12

4 Terms & Conditions

13-18

5 Forms 19-32

Part I - Technical Bid Form 20-21

Part II - Financial Bid Form 22

Form A - Contact Details Form 23

Form B - Form for Financial Capacity

24

Form C - Form of Contract Agreement

25-29

Form D - Form of Performance Bank Guarantee

30-32

6 Check List

33-34

Page 3: CONTENTS OF TENDER DOCUMENT2 CONTENTS OF TENDER DOCUMENT Sections Contents Page Number 1 Notice Inviting Tender 3-4 2 Technical Proposal Submission Form 5-6 3 Instructions to the Bidders

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NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING

SRI AUROBINDO MARG, NEW DELHI-110 016

SECTION-1

TENDER NOTICE

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TENDER NOTICE

Sealed tenders on two bid system (Technical and Financial Bid) are invited from

Professional Security Agencies for providing 36 trained Security Guards (Civilian) &

1 Supervisor for manning the gates and property of the NCERT for one year.

The Agency Should be registered with Labour Deptt. of Delhi Govt. for engaging

a minimum of 200 employees and should have ESI, EPF Code No. Service Tax No. and

PAN No. The agency should have an annual turnover of at least Rs.5 crore for the last

3 years & should have provided 75 or more security guards to at least three clients in

Delhi/NCR. It should have a minimum experience of 6 years in security agency business.

The agency must be registered under PSARA Act 2005.

The agency should also have license for wireless and weapons, posses adequate

infrastructure in terms of vehicle, electronic/non-electronic gadgets and basic crowd

control devices for an efficient functioning. The agency should be capable of providing a

solvency certificate of minimum value of Rs.5 lakhs.

Tender form along with terms & conditions can be collected from the Security

Section, Ground Floor, Zakhir Husain Building, NCERT, Sri Aurobindo Marg,

New Delhi between 10:00a.m to 4:00p.m on all working days by cash payment of

Rs.1000/- (non-refundable). Tender form can also be downloaded from NCERT web site

www.ncert.nic.in If tender form is downloaded, a demand draft of Rs.500/- in favour of

Secretary NCERT, New Delhi should be enclosed with Technical bid form. The tender in

the prescribed form duly completed along with earnest money of Rs.1,00,000/-

(Rs.One Lakh only) in the form of demand draft in favour of Secretary, NCERT,

New Delhi should be deposited/submitted in the Security Section, Ground Floor, Zakir

Hussain Building, NCERT, New Delhi-110016 upto 4:00 p.m. by 31st March 2014.

The Technical Bid will be opened on 1st April 2014 at 11:00 a.m.

Authorities of NCERT reserve the right to reject any or all the tenders or accept

them in part or to reject lowest tender without assigning any reason therefore.

VSO, NCERT

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NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING

SRI AUROBINDO MARG, NEW DELHI-110 016

SECTION-2

TECHNICAL PROPOSAL

SUBMISSION FORM

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NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING

SRI AUROBINDO MARG, NEW DELHI-110 016

TECHNICAL PROPOSAL SUBMISSION FORM

Date:

LETTER OF BID

To

Secretary,

National Council of Educational Research & Training

Sri Aurobindo Marg, New Delhi-110016.

Ref: Invitation for Bid for providing security services at NCERT.

We, the undersigned, declare that:

1. We have examined and have no reservations to the Bidding Documents issued.

2. We offer to execute in conformity with the Bidding Documents for providing

security services for National Council of Educational Research & Training.

3. Our bid shall be valid for a period of 120 days from the date fixed for the bid

submission deadline in accordance with the Bidding Documents and it shall

remain binding upon us and maybe accepted at any time before the expiration of

that period.

4. If our bid is accepted, we commit to submit a performance security in accordance

with the Bidding Documents.

5. We also declare that Government of India or any other Government body has not

declared us ineligible or black listed us on charges of engaging in corrupt,

fraudulent, collusive or coercive practices or any failure/lapses of serious nature.

6. We also accept all the terms and conditions of this bidding document and

undertake to abide by them, including the condition that you are not bound to

accept highest ranked bid / lowest bid or any other bid that you may receive.

Yours sincerely,

Authorised Signatory

(Authorised person shall attached a copy of Authorisation for signing on behalf of

Bidding company)

Full Name and Designation

(To be printed on Bidder’s letterhead)

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NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING

SRI AUROBINDO MARG, NEW DELHI-110 016

SECTION-3

INSTRUCTIONS TO THE BIDDERS

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NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING

SRI AUROBINDO MARG, NEW DELHI-110 016

INSTRUCTIONS TO THE BIDDERS

1. GENERAL INSTRUCTIONS

1.1 For the Bidding / Tender Document Purposes, „National Council of

Educational Research & Training shall be referred to as „Client‟ and the Bidder /

Successful Bidder shall be referred to as „Contractor‟ and / or Bidder or

interchangeably.

1.2 The sealed bidding documents should be delivered in the Security Section of this

office by the stipulated date and time. Tender Documents may be collected from

Security Section, Ground Floor, Zakhir Hussain Khand, National Council of

Educational Research & Training, Sri Aurobindo Marg, New Delhi-110016 on

payment of Tender Cost of Rs.500/- (Rupees five hundred only) through Bank

Draft/Pay Order in favour of Secretary, NCERT, New Delhi, payable at New

Delhi on any working day before 31st March 2014.

1.3 The tender documents may also be downloaded from this office website

www.ncert.nic.in. Those bidders who wish to download the tender documents

from the office website should furnish the Tender cost of Rs.500/- through

Bank Draft/Pay Order alongwith the Bidding Documents and EMD of

Rs. 1,00,000/- (Rupees One lakh only).

1.4 While all efforts have been made to avoid errors in the drafting of the tender

documents, the Bidder is advised to check the same carefully. No claim on

account of any errors detected in the tender documents shall be entertained.

1.5 Each page of the Tender documents must be stamped and signed by the person or

persons submitting the Tender in token of his/their having acquainted himself/

themselves and accepted the entire tender documents including various conditions

of contract. Any Bid with any of the Documents not so signed is liable to be

rejected at the discretion of the Client. NO PAGE SHOULD BE REMOVED/

DETACHED FROM THIS BIDDING DOCUMENT.

1.6 The bidder shall attach the copy of the authorization letter / power of Attorney as

the proof of authorization for signing on behalf of the Bidder.

1.7 All Bidders are hereby explicitly informed that conditional offers or offers with

deviations from the conditions of Contract, the bids not meeting the minimum

eligibility criteria, Technical Bids not accompanied with EMD of

Rs. 1,00,000/- (Rupees One lakh only) or any other requirements, stipulated in the

tender documents are liable to be rejected.

1.8 The parties to the Bid shall be the „Bidders‟ (to whom the work has been

awarded) and National Council of Educational Research & Training, New Delhi.

1.9 For all purposes of the contract including arbitration there under, the address of

the bidder mentioned in the bid shall be final unless the bidder notifies a change

of address by a separate letter sent by registered post with acknowledgement due

to the National Council of Educational Research & Training. The bidder shall be

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solely responsible for the consequences of any omission or error to notify change

of address in the aforesaid manner.

1.10 The requirements of security is tentative and may increase or decrease at the

sole discretion of the competent authority of the Client.

2. MINIMUM ELIGIBILITY CRITERIA

The following shall be the minimum eligibility criteria for selection of bidders

technically.

a. Legal Valid Entity: The Bidder shall necessarily be a legally valid entity either in the

form of a Limited Company or a Private Limited Company registered under the

Companies Act, 1956. Bidder in the form of JV/consortium, Proprietorship,

Partnership is not permitted. A proof for supporting the legal validity of the Bidder

shall be submitted.

b. Registration: The Bidder should be registered under PSARA Act 2005 and with the

Income Tax and also registered under the labour laws, Employees Provident Fund

Organisation, Employees State Insurance Corporation.

c. Clearance: The Bidder should also have clearance from Sales/Service Tax

Department, and Income Tax Department. Relevant proof in support shall be submitted.

d. Experience: The Bidder should have experience in the similar field of providing

security services in the Government Departments / Public Sector (Central or State) for the

last five consecutive years. In case no bidder has provided government experience /

public sector experience, then the bidders with experience in reputed organizations may

be considered by the competent authority of the Client.

e. License: The Bidder should have License issued by Govt. of NCT Delhi under Private

Security Agency Regulation Act (PSARA) 2005 to engage in the business of Private

Security agency.

f. Manpower on roll: The bidder should have a minimum of 500 manpower on roll and

should be providing 75 security guards or more to at least three clients in Delhi/ NCR.

g. Quality Related Marks: The bidder should have ISO or equivalent quality related

marks for the last 5 yrs.

Note: After opening of the technical bid, the minimum eligibility criteria mentioned above

shall be duly verified by a committee constituted by NCERT and only those firms would

qualify for financial bid which are found to possess all the minimum eligibility criteria.

2.1 Documents supporting the Minimum Eligibility Criteria

(i) In proof of having fully adhered to the minimum eligibility criteria at 2(a), attested

copy of Certificates of Incorporation issued by the respective registrar of

firms/companies.

(ii) In proof of having fully adhered to minimum eligibility criteria at 2(b), attested copies

of PAN, Labour Registration, EPFO Registration, ESIC Registration shall be acceptable.

(iii) In proof of having fully adhered to minimum eligibility criteria at 2(c), attested

copies of Clearance Certificate (Last three years returns) from Sales/Service Tax

Department, Income Tax Department shall be acceptable.

(iv) In proof of having fully adhered to minimum eligibility criteria at 2(d), attested copy

of experience certificates for completed work / ongoing work issued by the Government

Departments / PSUs shall be acceptable. The bidder has to submit the relevant work

experience certificates for the last 5 years.

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(v) In proof of having fully adhered to minimum eligibility criteria at 2(e), attested copies

of the License to engage in the business of Private Security agency issued by Govt. of

NCT Delhi under PSARA 2005.

(vi) Attested copy of the audited balance sheets for the completed three financial year i.e.

for 2010-11,2011-12 and 2012-13.

(vii) Attested copy of security wages roll and EPFO Challan in support of available

security (duly submitted to EPFO) in respect of the previous four quarters shall be

acceptable.

3. EARNEST MONEY DEPOSIT:

3.1 This bids should be accompanied by an Earnest Money Deposit of Rs.1,00,000/-

(Rupees one lakh only) in the form of Bank Guarantee/Demand Draft of any nationalized

bank. The validity of the Bank Guarantee/Demand Draft must be up to 6 (six) months

starting from the date of submission of the bids. The Bank Guarantee / Demand Draft

shall be in favour of Secretary, NCERT, New Delhi and payable at New Delhi.

3.2 No request for transfer of any previous deposit of earnest money or security deposit

or adjustment against any pending bill held by the Department in respect of any previous

work shall be entertained.

3.3 Bidders shall not be permitted to withdraw their offer or modify the terms and

conditions thereof. In case the bidder fails to observe and comply with the stipulations

made herein or backs out after quoting the rates, the aforesaid bid security shall be

forfeited to the Government.

3.4 The bids without Earnest Money shall be summarily rejected.

3.5 No claim shall lie against the Government / Department in respect of erosion in the

value or interest on the amount of earnest money deposit or security deposit.

3.6 The bid security may be forfeited:

(i) If the bidder withdraws his bid during the period of bid validity specified by the bidder

in the bid form; or

(ii) In case of successful bidder, if the bidder

(a) Fails to sign the contract in accordance with the terms of the tender document

(b) Fails to furnish required performance security in accordance with the terms of tender

document within the time frame specified by the Client.

(c) Fails or refuses to honor his own quoted prices for the services or part thereof.

4. VALIDITY OF BIDS

4.1 Bids shall remain valid and open for acceptance for a period of 120 days from the last

date of submission of Bids.

4.2 In case Client calls the bidder for negotiation then this shall not amount to

cancellation or withdrawal of original offer which shall be binding on the bidder.

5. PREPARATION OF BIDS

5.1 Language : Bids and all accompanying documents shall be in English/Hindi.

5.2 Technical Bid: Technical Bid should be prepared as per Tender Bid Form given in

the Tender Document alongwith all required information, documents in support of the

minimum eligibility criteria, Valid EMD of requisite amount.

Documents comprising the Bid :

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a. Technical Bid Submission Form duly signed and printed on Company‟s letterhead.

b. Signed and Stamped on each page of the tender document.

c. Contact Details Form, duly filled and signed.

d. Financial Capacity form – filled in signed and stamped.

e. Earnest Money Deposit of Rs.1,00,000/- (Rupees One Lakh Only)

f. All attested supporting document in proof of having fully adhered to minimum

eligibility criteria.

The Technical Bid should then be kept in a separate sealed envelope, superscribed as

“Technical Bid for Security Services with the Name and address of the Bidder.

5.3 Financial Bid: Bidder should prepare as per financial Bid form provided in the

Tender Document. Then the financial bid should be kept in a separate sealed envelope,

superscribed “Financial Bid for Tender dated 04.06.2012 with the Name and address of

the Bidder.

6. SUBMISSION OF BIDS

6.1 The Bidder shall submit his bid in a sealed envelope containing two separate sealed

envelopes consisting of (i) Technical Bid and (ii) Financial Bid, clearly subscribing so

and the two envelopes shall be kept in another single sealed envelope and duly

superscribed.

6.2 The Bid shall be submitted not later than 31st March 2014 by 4pm addressed to VSO

in Security Section, Room No. 1, Ground Floor, Zakhir Hussain Khand, National Council

of Educational Research & Training, Sri Aurobindo Marg, New Delhi.

6.3 Bidders sending their bids through courier should also ensure that their bids are

received on the said address by the stipulated date and time. No time extension for

couriers shall be granted.

6.4 Bids must be received in the office at the address specified above not later than the

date and time stipulated in the notification. No Bid shall be accepted after the aforesaid

date and time. However the competent authority of the office of the NCERT reserves

right to extend the date / time for receipt of bids, before opening of the Technical Bids.

6.5 Late Bids : Any Bid received by the office after the deadline for submission of

bids, as stipulated above, shall not be considered and will be returned unopened to

the bidder.

7. BID OPENING PROCEDURE

7.1 The Technical Bids shall be opened in the VSO Office, Room No. 5, 4th

Floor, Zakhir

Husain Khand, NCERT on 4th

April 2014 at 11am by the Committee authorized by the

competent authority of the National Council of Educational Research & Training in the

presence of such bidders who may wish to be present or their representatives.

7.2 The financial bids of only those bidders whose Technical Bids are qualified, shall be

opened by the Committee authorized for the purpose at 11 am on 16th

April. The venue of

opening of the financial bids shall be intimated to the technically qualified bidders.

7.3 A letter of authorization shall be submitted by the Bidder‟s representative before

opening of the Bids.

7.4 Absence of bidder or their representative shall not impair the legality of the opening

procedure.

7.5 All the presented Bidders or their representative shall be required to sign the main bid

envelope to ensure the correctness of the bid.

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7.6 After opening of the Technical Bids and verifying the EMD amount, the technical

bids shall be evaluated later to ensure that the bidders meets the minimum eligibility

criteria as specified in the Tender Document.

7.7 Refusal to sign the bid envelope by the bidder or his representative, may disqualify

his bid based on the decision of the Tender Opening Committee.

7.8 Bids shall be declared as Valid or Invalid based on the preliminary scrutiny, i.e.

verification of EMD, by the Tender Opening Committee. However, detailed evaluation

shall be done only in respect of Valid Bid.

7.9 Invalid Bids shall be returned on the spot, if the bidder or his representative is

present. In other cases, the bids shall be dispatched by speed post to their address with the

remarks of the Tender Opening Committee.

7.10 The date fixed for opening of bids, if subsequently declared as holiday by the

Government, the revised date of schedule will be notified. However, in absence of such

notification, the bids will be opened on next working date, time and venue remaining

unaltered.

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NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING

SRI AUROBINDO MARG, NEW DELHI-110 016

SECTION-4

TERMS & CONDITIONS

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TERMS & CONDITIONS

The contractor‟s normal jobs shall be as following our Terms and Conditions:-

1. The Contractor shall be responsible for all injuries and accidents to persons employed

by him. He will also cover his personnel for personal accident whilst performing the

duty.

2. The Contractor shall be responsible for the good conduct and behavior of its

employees. If any employee of the Contractor is found misbehaving with the

supervisory staff or any other staff member of the Council, the contractor shall

terminate the services of such employees at their own risk and responsibility on the

recommendation of the Security Officer or any other officer designated by the

Authorities of NCERT. The Contractor shall issue necessary instruction to its

employees to act upon the instructions given by the supervisory security staff of the

Council.

3. The Contractor and its staff shall take proper and reasonable precautions to preserve

from loss, deduction, waste or misuse the areas of responsibility given to them by the

Council and shall not knowingly lend to any person or company any of the assets of

the Council under its control.

a) In the event of any loss being caused to the Council on account of

negligence/dereliction of duties by the Contractor or Contractor‟s employee, the same

shall be established after a joint inquiry comprising of the representative of the

Council and the Contractor. The Council should get the compensation from the

Contractor, up to the value recovered from the Contractor‟s current insurance cover.

b) The Contractor will not be held responsible for the damages/sabotage caused to

the property of the Council due to riots/mobs/armed dacoit‟s activities or any other

events of force majeure (Act of God such as earth quake, flood etc.) whether or not of

the same nature.

4. The Contractor shall not appoint any sub-contractor to carry out any obligations under

the contract.

5. The Contractor or his representative shall take day to day instructions from the

Security officer/assistant incharge.

6. If the Contractor fails to implement the assigned jobs or parts thereof or Standard

Operation Procedures to the satisfaction of the Authorities of the Council or any

officer nominated by him or on any day in any par of the areas assigned, he shall be

penalized by imposing a fine of Rs. 500/- per penalty, for each day. The penalty shall

continue for successive days till the satisfaction of the authorities. The contractor

shall provide replacement in case the employee of the contractor is proceeding on

leave. This will be at no additional expense to the Council. In case of any absence on

duty the contractor shall be penalized by imposing a fine of Rs. 500/- per

Guard/Supervisors per day. This will be in addition to the penalty for non-

implementation of schedule of service as mentioned above. This will also be in

addition to the claim of the Council as mentioned above in Para 4.

7. None of the employees of the Contractor shall enter into any kind of private work at

different locations of the Council during working hours or otherwise, failing which

penalty as stipulated in clause (7) of the above terms and conditions shall be imposed,

without giving any notice. The amount of penalty shall be deposited by the contractor

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immediately with DDO, Cashier (Accounts) of the NCERT, New Delhi-16 or will be

deducted from the monthly bills.

8. The employees of the Contractor shall be of good character and of sound health and

shall be not more than 45 years of age in case of Security Guards and 55 years in case

of Supervisors. The minimum height of the Security Staff should at least be 5‟6”

except in case of hill tribes. The guards should be minimum matriculate or equivalent

and Supervisors should be minimum graduate or JCO rank in case of Ex-serviceman.

The civilian guard should possess minimum one year experience of security. In

addition the council will have liberty to increase/decrease the total number of guards

by giving at least two weeks notice to the contractor. It would be desirable that the

security staff provided should have knowledge of Fire Fighting, First Aid,

Scooter/Motor Cycle Driving and handling wire-less communication equipment.

9. The Contractor shall maintain a complaint Book which will be made available to the

supervisory staff of the Council.

10. In the event of revision of rates by Delhi Govt. at any time, the same rates will

accordingly be revised/enhanced with provision of proportionate changes in (a)

relieving charges (b) service & (c) EPF/ESI etc. The „Onus‟ for producing the copy of

notification of Delhi Administration, however, will lie on the Agency.

11. Contractor shall abide by all laws of the land including, Labour Law (ESI, PF, Bonus,

Income Tax, Service Tax or any other extra taxes levied by the government)

Companies Act, Tax Deduction liabilities, Welfare measures of its employees and all

other obligations that rejoin in such cases and are not essentially enumerated and

defined herein, though any such onus shall be the exclusive responsibility of the

Contractor, and it shall not involve the Council in any way whatsoever.

12. The manpower proposed to be deployed by the Contractor shall be subject to

screening by the Council, to ascertain their antecedents, suitability and skills. Before

deploying a person in the Council, the contractor shall furnish complete particulars

and obtain written approval of the designated officer of the Council. The Council

reserves the right to interview the persons (s), if considered necessary, before giving

approval.

13. Council reserves the right to ask and require the contractor to remove any person

deployed by the contractor, without assigning any reason/notice.

14. The contractor shall supply trained manpower. The contractor shall also undertake at

his own expense in consultation with the Council, a continual updating of skills and

processes and procedure to be followed by the Security Staff provided to the Council

by organizing suitable training schedules for them. The Fire fighting and Security

training shall be carried out every 6 months. The Contractor shall also provide a

tentative schedule/plan for training its staff during the year. A proper record of the

training of its staff shall be maintained by the Contractor. The contractor will also

include the training and updating skills of permanent security staff of Council in

consultation with the Security Officer of the Council at no additional expense to the

Council. The Council agrees to provide space/lecture hall for such a training

programme. The manpower supplied by the Contractor shall also be trained on the

existing Fire detection and alarm system and Fire Fighting Systems installed in the

council. In case of an outbreak of fire they should be able to undertake fire fighting

operations. The Staff selected for deployment will compulsorily undergo on-site

Training for at lease 3 days under contractors arrangements and expense.

15. Duration of the contract shall be for ONE YEAR subject to appraisal and review by

the Council Authorities and in case the jobs performed are not found to be

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satisfactory, the contract shall be terminated even before ONE YEAR by giving

notice of one month to this effect. However, the contract can also be terminated by

giving a written notice of 30 days by either side. A record of every lapse small or big

shall be maintained by the Council authorities and a weekly meeting of the

representative of the firm/Agency with Security Officer/Asstt. Security Officer will

be held and minutes of the same recorded for compliance.

16. The Contractor shall in no case pay his employees less than the minimum mandatory

rates per month. The payment should be made by cheque/cash and a record of that

should be kept in register which may be examined by the Council at any time. In case

the contractor fails to make timely payments to its employees, or any employee of the

contractor reports to the Council regarding non-payment of dues, the Council on

being satisfied of the complaint shall interact with the employees of the contractor

directly and suitable deductions shall be made from the amount to be paid to the

contractor.

17. The contractor shall supply uniforms (all weather) with name plates to the persons

engaged by him. The council shall not allow any employee of the contractor to work

inside the Council without the uniform except in cases wherein specifically asked for.

If during the period of contract the uniform are torn out, it shall be the responsibility

of the contractor to supply another uniform to the persons and he should ensure that

the persons wear them while they are on duty in the Council. The Contractor shall get

the identity card of each employee attested by the Security officer of the Council. It

would be the responsibility of the contractor to incur expenses of Danda, Torch,

Pen, Diary, and Whistle for its staff. The contractor shall supply Walkie-Talkie at

two of the main gates of the Council.

18. The Security Guards and Security Supervisors shall be required to work on a three

shifts basis. (8x3=24 hrs.) No Security Guard/Supervisor will be allowed to perform

duty in 02 shifts on a continuous basis unless authorized by the Security Officer of

the Council. If any Security Guard/Supervisor is found to have performed continuous

duty on any day, he will not be allowed payment for the same and necessary

deductions as per Para 7 above would be made.

No Security Guard shall work for more than the working hours specified by Labour

Laws.

19. The Contractor shall deposit an amount of Rs. 1,00,000/- (Rs. One Lakh Only) as

Security with the Council for the entire duration of the contract. The Contractor shall

also provide a Bank Guarantee to the Council equivalent to one months wages to be

used in case contractor fails to pay his labour force or any other default.

20. The Contractor will get all the staff supplied, verified of their antecedents, through

Special Branch, Delhi Police and a certificate to this effect be furnished by the

Contractor to the Council before deployment of the staff. The contractor should

maintain proper record/documents of the same.

21. The firm/agency shall have a proper office. It should be professionally run

organization and not a garage operation. The office shall have effective

communication facilities like telephone, Fax, pagers, Mobile Telephone, Wireless

system and Vehicles and the company should have a 24 hrs. manned control room, to

ensure a quick response.

22. The firm/agency shall have proper standards and procedures of recruitment.

23. The firm/agency shall have a proper system of checking the guards on duty, day and

night for every shift. Records of the same should be effectively maintained and

shortcomings if any should be immediately rectified. A daily report to be submitted to

the Security Officer.

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24. Contractor will apply to the Labour Commissioner for obtaining a labour license and

will submit a copy of license to Security Section within 30 days from the date of issue

of the award of contract.

25. Any legal disputes will be subject to jurisdiction of Delhi Courts.

26. The agency shall provide Security to the Council deploying fail-safe Security

measures, providing early warning, and mobilizing trouble shooting elements. The

security services of the firm/agency should provide the following as enumerated:-

(a) Protection of property All Gates, Hostel, Guest House, Play grounds, etc. all

within the boundary of NCERT campus and personnel (faculty, staff students,

official visitors and residents) of the Council against willful harm.

(b) Protection of property and personnel of the Council also in transit when so

specified.

(c) Protection of cash and documents, when so specified in transit.

(d) Protect property/cash/documents of Council against burglary (where loss is

due to entry after breaking any entry lock/door/window/ grill).

(e) Regulate access control at gates, prevent mis-use of NCERT grounds and

facilities by outsiders, neighboring village, preventing tress-passing,

unauthorized parking, unauthorized construction, squatting in the Council

Campus, prevent vandalism, breaking of twigs/trees throwing of

garbage/littering and ensuring cleanliness. Ensure proper & timely reporting

of violations to supervisors.

(f) Prevent loss that is on account of lapse in “access control measures” at Gates

of the Council.

(g) Undertake fire fighting operations with provided equipment.

(h) Prevent trespass in specified areas/offices in the council.

(i) Regulate parking of vehicles in designated areas of the Council.

(j) Provide security during official and social functions inside the NCERT.

(k) Conduct security audits/surveys/investigations/consultancies as per

requirements.

(l) Provide security for specific functions within the Council.

(m) The agency should have an insurance cover from Insurance firm/agency for

public liabilities and thefts.

(n) The firm/agency should have an investigation cell to carry out investigation of

thefts, accidents or any other matter required from time to time.

(o) The firm/agency should be able to provide extra security guards on urgent

notice.

(p) The firm/agency should have a legal cell for legal advice if sought by the

Council.

(q) Carry out any other job assigned by the Authorities of NCERT or there

nominee in the interest of Security of Council.

27. Adherence to the Standard Operating Procedures given by the Security officer

which may be modified from time to time depending on situation.

28. The firm/agency shall perform all the assigned jobs to the satisfaction of the

Council and shall be liable for any loss or damage to council as stated herein:

(a) The firm/agency and its staff shall take due steps and precautions to prevent

loss, destruction, waste and misuses of the areas of responsibility given to

them and not knowingly lend to any person or firm/agency, any assets of the

Council under its control.

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(b) In the event of any loss being caused to the Council that is prime-facie on

account of the negligence and/or dereliction of duties by the employee of the

firm or its staff, a Joint Committee comprising of a representative of the

Council and firm/agency shall determine whether the loss is on account of

unsatisfactory performance of the firm/agency and in that case it will also

determine the compensation to be paid to the council by the firm/agency. The

recommendations of the Joint committee will subject to the approval of the

Secretary NCERT or his nominee.

29. The liabilities up to Rs. 1 lakh will be met by the firm/agency through an insurance

cover if it has one, which would specifically enable payment of compensation to

NCERT. For the losses suffered due to negligence or poor performance by the

firm/agency, and the compensation will be as per Insurance rules. Alternatively it

should be covered by the firm/Agency by itself. However the firm/agency will not

be held responsible for the damage caused due to natural calamities like lightening,

earth quake, flood etc,.

30. NCERT premise is NO SMOKING ZONE. No Security Staff of the firm/agency

should be found Smoking, eating pan, Gutka or intoxicants/ drugs.

31. Any other contingency & situation arising while protecting the Council‟s property

and any work assigned by Security Officer from time to time.

Note:- The Technical bid and the financial bid should be sealed by the bidder and may

be kept in separate covers duly superscripted and both these sealed covers are to be put in

a bigger cover which should also be sealed and duly superscripted. The technical bids are

to be opened at the first instance and evaluated by a competent committee or authority. At

the second stage, financial bids of only the technically acceptable offers will be opened

for further evaluation and ranking before awarding the contract.

Arbitration

1. Any claims, disputes and or differences (including a dispute regarding the

existence, validity or termination of this Contract) arising out of, or relating to this

contract including interpretation of its terms shall be resolved through joint

discussion of the Authorised Representatives of the concerned parties. However,

if the disputes are not resolved by the discussions as aforesaid within a period 30

days, then the matter will be referred for adjudication to the arbitration of a sole

arbitrator to be appointed by the Director NCERT in accordance with the

provisions of the Arbitration and Conciliation Act 1996 and rules made

thereunder including any modifications, amendments and future enactments

thereto. The venue for the Arbitration will be New Delhi and the decision of the

arbitrator shall be final and binding on the parties.

2. Jurisdiction of Court : This Contract is governed by the laws of Republic of

India and shall be subject to the exclusive jurisdiction of the courts in Delhi.

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NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING

SRI AUROBINDO MARG, NEW DELHI-110 016

SECTION-5

FORMS

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Part I (Technical Bid Form) QUESTIONAIRE TO BE FILLED UP BY THE FIRM/AGENCY APPLYING FOR

SECURITY CONTRACT IN NCERT, NEW DELHI.

1. Name of the Firm/Agency

(Full address with Tel. No.)

(to be attached as per Form A)

2. Registration No. of Firm/

Agency Under Delhi Govt. or

any other Act. (attach attested

copy of registration)

3. ESI Registration No.

(attach attested copy of

registration)

4. EPF Registration No.

(attach attested copy of

registration)

5. PAN No. of the Company

(attach attested copy of PAN

card of the agency)

6. Service Tax Registration No.

(attach attested copy of

registration)

7. Does the firm comply with

Private Security Agencies

(Regulation) Act 2005.

( attested copy of the License

issued by Govt. of NCT Delhi, be attached)

8. Status of the Agency including

that it is a Private ltd. company

(to be attached)

9. Experience of 6 yrs in Security

Services (documents

supporting experience of 6 yrs

to be attached)

10. IT clearance of last three

assessment years. (to be

attached)

11. Financial capacity of Bidder

including Annual Account of

past 3 years duly authenticated

by Chartered Accountant

(to be attached as per Form B)

12. Current list of three clients

wherein 75 or more security

guards are provided and

wherein current contract is

exceeding Rs. 8 lakhs per

month each

(to be attached)

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13. CTC of Wireless license issued

by Govt. of India (photocopies

of the same to be attached)

14. Details of infrastructure in

terms of vehicles, electronic /

non- electronic Gadgets etc. (to

be attached)

15. Assurance to deposit a of sum

Rs. 2 lakhs as performance

security payable in the form of

an account payee Demand

Draft, fixed deposit receipt

from Commercial Bank in

acceptable form in case of

successful bid.(to be attached

as per Form D)

16. Have you any control room for

calling Security agency in case

of emergency for deployment

the services of additional

security guards round the

clock.

17. Details of EMD,

Bank Name/Draft No./Dated

for Rs.1,00,000/-

Signature of the Contractor/Bidder

Dated Or Authorized Signatory with

Seal of the firm/Agency

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Part II (Financial Bid Form)

TENDER DOCUMENT FOR PROVIDING SECURITY SERVICES IN NCERT

NEW DELHI

1. Name of the Firm/Agency

(Full address with Tel. No.)

2. Rates quoted per Security guards

for 8 hour duty

S.No. Description Security Superviser

Rate

Security Guard (Civilian)

Rate

1. Minimum wages (as per

Delhi Govt.)

2. Relieving Charges

3. ESI

4. EPF

5. Service Charges

6. Service Tax

7. Any others charges (please

specify)

8. Total

Signature of the Contractor/Bidder

Dated Or Authorized Signatory with

Seal of the firm/Agency

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NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING

SRI AUROBINDO MARG, NEW DELHI-110 016

FORM-A

CONTACT DETAILS FORM

GENERAL DETAILS OF BIDDER

1. NAME OF THE COMPANY …………………………………………………...

2. NAME AND DESIGNATION OF

AUTHORISED REPRESENTATIVE …………………………………………..

3. COMMUNICATION ADDRESS ………………………………………………..

………………………………………………………

4. PHONE NO./MOBILE NO . ……………………………………………………..

5. FAX ………………………………………………………

6. E-MAIL I.D. ……………………………………………………...

PARTICULAR DETAILS OF THE BIDDER’S REPRESENTATIVE

1. NAME OF THE CONTACT PERSON …………………………………………

2. DESIGNATION …………………………………………………………………..

3. PHONE NO. ………………………………………………………………………

4. MOBILE NO. ……………………………………………………………………..

5. E-MAIL I.D. ………………………………………………………………………

UNDERTAKING

1. I, the undersigned certify that I have gone through the terms and conditions mentioned

in the bidding document and undertake to comply with them.

2. The rates quoted by me are valid and binding upon me for the entire period of contract

and it is certified that the rates quoted are the lowest rates as quoted in any other

institution in India.

3. I/We give the rights to the competent authority of the National Council of Educational

Research & Training to forfeit the Earnest Money/Security money deposit by me/us in

case of breach of Terms & Conditions of the Contract.

4. I hereby undertake to provide the security services as per the directions given in the

tender document/contract agreement.

Signature of the Authorized Signatory

Date :-

Place:-

Designation:

(Office seal of the Bidder)

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NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING

SRI AUROBINDO MARG, NEW DELHI-110 016

FORM-B

FORM FOR FINANCIAL CAPACITY

Description Financial years

2010-11 2011-12

2012-13

Annual Turnover

Net Worth

Current Assets

Current Liabilities

Total Revenues

Profit Before Taxes

Profit After Taxes

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NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING

SRI AUROBINDO MARG, NEW DELHI-110 016

FORM-C

CONTRACT AGREEMENT

This Agreement is made on this………………between the National Council of

Educational Research & Training (hereinafter referred to as the Council) and

M/s……………………………………..(herein after referred to as the contractor)

The Parties here to agree to abide by the following terms and conditions for

providing nos. of security guards for manning gates and property of the NCERT.

1. The Contract for security services shall be made for a period of one year

w.e.f………………….. subject to satisfactory performance of the guard in

providing security services as per following terms and condition to the Council.

2. The Contract may be extended for a further period as determined by the Secretary,

National Council of Educational Research & Training and New Delhi subject to

his satisfaction and discretion.

3. The Contract can be terminated by either party by giving 30 days notice during

the contract period or after the expiry of the extended contract. The Contractor

shall not be entitled to any notice during the extended contract period. During the

period of notice or extended contract period and till the appointment of another

Agency, the Contractor would continue to discharges its duties and obligations.

4. The personnel deployed shall be civilian and maintain regular record of all the

personnel with the Security office in the Council.

1. The Contractor shall make adequate arrangements for deployment of security

personnel in shifts of 8 hours each and ensure utmost efficiency in the services.

The contractor shall not engage any guard for more than 8 hrs per day. The

Contractor shall submit one day in advance, duty roster indicating the names of

security personnel and other relevant details or otherwise to be deployed on each

post to the Security In charge of the Council and also ensure their deployment on

each day. The Security personnel shall be deployed on rotation basis of months

only. After every six months the security personnel shall be replaced by a fresh

set of personnel so as to prevent unhealthy familiarity with staff, which may come

in the way of efficient discharge of duties.

2. The Council authorities will carry out the surprise checks they desire the Security

guards will maintain a logbook on which shift wise entries will be done. In case of

submission of wrong information found in the logbook on the Council may

impose a penalty up to 50% of the total wages due to the agency for that particular

day.

3. None of the security personnel of the Contractor shall enter into any kind of

private work at the different campuses of the Council.

4. The Contractor shall take day-to-day instructions from the Vigilance Security

Officer or any other officer so designated by Secretary, NCERT and scrupulously

follows the instruction and abides by them.

5. If the contractor fails to implement the schedule of service to the satisfaction of

the Council on any day in any part of the areas assigned, the Contractor shall be

penalized by fine of Rs. 500/- per day, which shall be deducted from the monthly

bills of the agency.

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6. The security personnel deployed by the security Agency shall be of good

antecedents and health and shall not be older than 45 years of age. The security

guards should be medically fit and may be examined medically every six months

by an NCERT authorized medical Practitioner. Violation of this clause may

attract imposition of penalty as defined in Para 9 above.

7. The total monthly emoluments payable for various categories of staff deployed on

contract basis shall be as per charges mentioned in the “Schedule” which shall

include actual payment to the deployed staff by the Contractor as agreed upon

with the Council. The acquaintance roll shall be made available for inspection to

the Council.

8. The Contractor shall provide proper uniforms to security staff. They shall wear

neat and tidy uniform while on duty. The security staff should be provided with

the Name Bags, Identity Card, Whistle, Torches with cell at night for performance

of their duties. During duty time, the security guard shall also be provided with

and keep 3.5 ft. lathi with him.

9. The contractor shall is bound to remove any of the deployed person(s) and replace

by another person(s) as and when ordered to do so by the designated officer of the

Council.

10. The Contractor shall be solely responsible for the conduct and integrity of the

personnel deployed and liable to compensate the council for any loss/damage

caused to it on account of any dereliction of duty on the part of the personnel or

otherwise. If any deployed person is found misbehaving with the supervising staff

or any of the members of the Council, the Contractor shall terminate the service

of that persons(s) forthwith at their own risk or responsibility. Antecedents of the

security guards provided shall be duly got verified form the concerned Police

Station. The Contractor shall compensate the Council for any damage caused to

the council, which is attributable to negligence or otherwise on part of the staff of

contractor. In case of any dispute as to whether the personnel has been negligent

is discharge of their duties, the decision of the Council shall be final and binding

upon the Contractor. Losses occurred due to the negligence of a personnel

deployed by the Contractor shall be compensated and compensation shall be

determined by an officer appointed by the Council to estimate the losses, the

contractor shall furnish a security Deposit of Rs. 1,00,000/- (Rupees one lakh

only) (Refundable on termination of Contract) to Council to indemnify such

losses.

11. The Contractor shall not file any affidavit with municipal authority or court in

case of any challan without prior intimation/approval of the Council.

12. The contractor shall submit an affidavit on non-judicial stamp paper duly attested

by Notary stating that the payment of ESI, Group insurance; Provident Fund and

other benefits have been deposited for each employed person with the concerned

authorities. Contractor shall be responsible for making compensation/payments

for claims of PF/ESI to be made the security personnel. The council shall not be

responsible of any of the above statutory deductions.

13. The contractor shall be paid @ Rs………..Per Supervisor/civilian Guard per

month (service tax as levied by Govt. of India) for 8 hours duty on monthly basis

for the various persons deployed during the preceding month for which the firm

shall submit the bill/claim in duplicate on agreed rates latest by 7th

of the

following month. The monthly payment shall be made to the Contractor on

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production of satisfactory performance report of security duty along with the

attendance verified by officer in charge.

14. All the staff deployed for the security in various shifts shall be as per the

Council‟s requirements. They shall be deployed in consultation with the officer

designated for the purpose.

15. Deduction in the amount payable to Contractor shall be made due to absence from

duty by any security staff or for unsatisfactory service rendered by the

Contractors. The Council shall determine the amount of deduction and the reason

for deduction shall be intimated to the contractor. The amount deducted from

these purposes shall be final and binding on the Contractor.

16. The earnest money deposited shall be forfeited in case the Contractor fails to

execute a formal contract agreement to commence the work by deploying

required personnel by the date specified in the letter of award. [

17. The Contractor should execute the agreement (on a non-judicial stamp paper of

Rs. 100/-) within 15 days from the date of issue of letter for award.

18. The Council shall not be responsible for any injury or loss of life occurring

(during the performance of security duties in the premises mentioned above) to

any personnel deployed by the Contractor. Any compensation or expenditure

towards treatment for such injury or loss of life or otherwise shall be borne by the

Contractor and will be the sole responsibility of the contractor.

19. Company shall abide by all laws of the land including, labour laws, Companies

Act. Tax deduction liabilities, Welfare Measures of its employees and all other

obligations that enjoin in such cases and are not enumerated and define herein,

though any such onus shall be inclusive responsibility of the Company, and it

shall not involve the Council in any way whatsoever.

20. The rates mutually agreed to by the parties will remain the same throughout the

period contract. However, in the event of any enhancements in the minimum

wages by Delhi Administration or any other appropriate authority, the rates may

be accordingly revised or varied to cover the increased costs to the Contractor

arising on account of the said increase in the minimum wages, which shall be

determined by the Secretary, NCERT and which shall be final and binding.

21. The Council shall pay for Supervisor/Security Guard Rs…………… per month

and EPF, ESI as well as Service Tax and relieving charges for 1 supervisor and 36

security guards, as per the rate prescribed by the Govt. of N.C.T. of Delhi to the

agency. The number of security guards can be increased or decreased as per

requirement of the Council. Whenever there are any increase in the wages, only

variable Dearness Allowance (V.D.A.) announced by the Govt. of National

Capital Territory of Delhi under the Minimum Wages Act shall be paid by

Council.

22. The Contractor shall ensure for security and protections to all properties and

personnel of the Council and will be responsible for the entire Campus.

23. The contractor shall abide by all laws of the land including, lab ours, laws,

companies act, tax deduction liabilities, welfare measures of its employees and all

other obligations that are obligatory in such cases and are not essentially

enumerated and defined herein. The council shall not have any liability towards

non-compliance of any of the laws by the Contractor, which are applicable in this

regard.

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24. The Contractor shall indemnify and keep indemnified the Council, its officers and

employees from and against all claims, demands, actions, suits and proceedings,

whatsoever that may be brought or made against the Council by or on behalf of

any person, body, authority whomsoever and all duties, penalties levies, taxes,

losses, damages, costs, charges and expenses and all other liabilities of

whatsoever nature which the Council may now or hereafter be liable to pay, incur

or sustain by virtue of or as a result of the performance or observance or non-

observance of any of the terms and conditions of the contract by the Contractor.

Without prejudice to the other rights, the Council will be entitled to deduct from

the other dues payable to Contractor, the amount payable by the Council as a

consequence of any such claims, demands, costs, charges and expenses. The

Council shall not be responsible for death, injury or accident to any employees of

the contractor which may arise out of or in the course of their duties on or about

the council property and premises and in the event any damages or compensation

in respect of such employees becomes payable, the Contractor hereby agrees to

pay to the Council such damages or compensation upon demand. The Council

shall also not be responsible or liable for any theft, loss, damage or destruction or

any property, which belongs to the contractor or its employees.

25. The Council shall pay for Security Guard Rs.. per month and EPF, ESI as well as

Service Tax and relieving charges for 36 security guards, as per the rate

prescribed by the Govt. of N.C.T. of Delhi to the agency. The number of security

guards can be increased or decreased as per requirement of the Council.

Whenever there are any increase in the wages , only Variable Dearness

Allowance (V.D.A.) announced by the Govt. of National Capital Territory of

Delhi under the Minimum Wages Act shall be paid by Council.

26. The Contractor shall ensure for security and protections to all properties and

personnel of the Council and will be responsible for the entire Campus.

27. The contractor shall abide by all laws of the land including, lab ours, laws,

companies act, tax deduction liabilities, welfare measures of its employees and all

other obligations that are obligatory in such cases and are not essentially

enumerated and defined herein. The council shall not have any liability towards

non-compliance of any of the laws by the Contractor, which are applicable in this

regard.

28. The Contractor shall indemnify and keep indemnified the Council, its officers and

employees from and against all claims, demands , actions, suits and proceedings,

whatsoever that may be brought or made against the Council by or on behalf of

any person, body, authority whomsoever and all duties, penalties levies, taxes,

losses, damages, costs, charges and expenses and all other liabilities of

whatsoever nature which the Council may now or hereafter be liable to pay, incur

or sustain by virtue of or as a result of the performance or observance or non-

observance of any of the terms and conditions of the contract by the Contractor.

Without prejudice to the other rights, the Council will be entitled to deduct from

the other dues payable to Contractor, the amount payable by the Council as a

consequence of any such claims, demands, costs, charges and expenses. The

Council shall not be responsible for death, injury or accident to any employees of

the contractor which may arise out of or in the course of their duties on or about

the council property and premises and in the event any damages or compensation

in respect of such employees becomes payable, the Contractor hereby agrees to

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pay to the Council such damages or compensation upon demand. The Council

shall also not be responsible or liable for any theft, loss, damage or destruction or

any property, which belongs to the contractor or its employees. [ 29. It is hereby declared that Contractor, is for the purposes of this contract an

independent contractor and all person employed or engaged by him in connection

with the obligation under the contract shall be contractor‟s employees and not of

the council.

30. The Contractor will undertake and declare that, in the event the workmen/

employees/persons engaged to carry out the purposes hereof, attempt to claim

employment with the Council or attempt to be declared as employees of Council

or attempt to become so placed, than in all such cases he will assist the Council in

defending all such attempts of the contractor‟s employees and shall bear and pay

solely and absolutely all costs, charges and expenses including legal charges

incurred or which may be incurred in defending all such attempts and in any

appeal or appeals filed by the Council, therein or relating thereto and Contractor

will indemnify forever the Council against all such costs, charges and expenses

including legal charges and against all/any loss expenses or damages, whether

recurring or not, financial or otherwise, caused to or incurred by the Council as a

result of such attempt by the Contractor‟s employees.

31. It is hereby agreed that the Council shall be entitled to set off any debt or sum

payable by Contractor either directly or as a result of various liability to the

Council against any money payable or due from the Contractor to the council or

against any money payable or remaining with the council and belonging to

contractor.

32. All disputes and claims shall be settled by arbitration, in accordance with the

provisions of the arbitration law in force or any statutory requirements there of

and shall be referred the sole Arbitrator to be appointed by the Council. The

security agency shall not be entitled to raise any kind of objection whatsoever, in

the event of the Council deciding to appoint any officer or employee of the

Council as the Sole Arbitrator. The award given by the arbitrator shall be final

and binding on both the parties i.e. Council and the Contractor.

Signed on behalf of the Contractor Signed on behalf of NCERT

WITNESS WITNESS

1. 1.

2. 2.

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NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING

SRI AUROBINDO MARG, NEW DELHI-110 016

FORM-D

PERFORMANCE BANK GUARANTEE

(To be executed on non Judicial stamped paper of an appropriate value)

Date : ....................

Bank Guarantee No : ..........................................................

Amount of Guarantee : ........................................................

Guarantee Period : From .................. to................................

Guarantee Expiry Date : .......................................................

Last date of Lodgement : ......................................................

WHEREAS National Council of Educational Research & Training having its office at

Sri Aurobindo Marg, New Delhi (hereinafter referred to as “The Owner” which

expression shall unless repugnant to the context includes their legal representatives,

successors and assigns) has executed a binding to the contract on [Please insert date of

acceptance of the letter of acceptance (LoA)]

(“Contract”) with [insert name of the Successful Bidder]

………………………….(hereinafter referred to as the “Contractor” which expression

shall unless repugnant to the context include its legal representatives, successors and

permitted assigns) for the performance, execution and providing of security services

(“Security Services” shall have the meaning ascribed to it in the Contract] based on the

terms & conditions set out in the Tender Documents number [insert reference number of

the Tender Documents] dated [insert date of issue of Tender

Documents]…………………………………….and various other documents forming part

thereof.

AND WHEREAS one of the conditions of the Contract is that the Contractor shall

furnish to the Owner

a Bank Guarantee from a scheduled bank in India having a branch at New Delhi for an

amount equal to 10% (ten percent) of the total Contract Sum (the amount guaranteed

under this bank guarantee shall hereinafter be referred to as the “Guaranteed Amount”)

against due and faithful performance of the Contract including the performance bank

guarantee obligation and other obligations of the Contractor for the supplies made and the

services being provided and executed by under the Contract. This bank guarantee shall be

valid from the date hereof up to the expiry of the Contract Period including any extension

thereof.

AND WHEREAS the Contractor has approached [insert the name of the scheduled bank]

(here in after referred to as the “Bank”) having its registered office at [insert the

address]…………………………………………………………………and at the request

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of the Contractor and in consideration of the promises made by the Contractor, the Bank

has agreed to give such guarantee as hereunder:-

Section 6.4

(i) The Bank hereby undertakes to pay under this guarantee, the Guaranteed Amount

claimed by the Owner without any further proof or conditions and without demur,

reservation, contest, recourse or protest and without any enquiry or notification to the

Contractor merely on a demand raised by the Owner stating that the amount claimed is

due to the Owner under the Contract. Any such demand made on the Bank by the Owner

shall be conclusive as regards the amount due and payable by the Bank under this bank

guarantee and the Bank shall pay without any deductions or set-offs or counterclaims

whatsoever, the total sum claimed by the Owner in such Demand. The Owner shall have

the right to make an unlimited number of Demands under this bank guarantee provided

that the aggregate of all sums paid to the Owner by the Bank under this bank guarantee

shall not exceed the Guaranteed Amount. In each case of demand, resulting to change of

PBG values, the Owner shall surrender the current PGB to the bank for amendment in

price.

(ii) However, the Bank‟s liability under this bank guarantee shall be restricted to an

amount not exceeding [figure of Guaranteed Amount to be inserted

here]………………………………………………………………………………………

……………only).

(iii) The Owner will have the full liberty without reference to the Bank and without

affecting the bank guarantee to postpone for any time or from time to time the exercise of

any powers and rights conferred on the Owner under the Contract and to enforce or to

forbear endorsing any powers or rights or by reasons of time being given to the contractor

which under law relating the Surety would but for the provisions have the effect of

releasing the surety.

(iv) The rights of the Owner to recover the Guaranteed Amount from the Bank in the

manner aforesaid will not be affected or suspended by reasons of the fact that any dispute

or disputes have been raised by the Contractor and / or that any dispute(s) are pending

before any office, tribunal or court in respect of such Guaranteed Amount and/ or the

Contract.

(v) The guarantee herein contained shall not be affected by the liquidation or winding up,

dissolution, change of constitution or insolvency of the Contractor but shall in all respects

and for all purposes be binding and operative until payment of all money due to the

Owner in respect of such liability or liabilities is effected.

(vi) This bank guarantee shall be governed by and construed in accordance with the laws

of the Republic of India and the parties to this bank guarantee hereby submit to the

jurisdiction of the Courts of New Delhi for the purposes of settling any disputes or

differences which may arise out of or in connection with this bank guarantee and for the

purposes of enforcement under this bank guarantee.

(vii) All capitalized words used but not defined herein shall have the meanings assigned

to them under the Contract.

(viii) NOTWITHSTANDING anything stated above, the liability of the Bank under this

bank guarantee is restricted to the Guaranteed Amount and this bank guarantee shall

expire on the expiry of the Warranty Period under the Contract.

(ix) Unless a Demand under this bank guarantee is filed against the Bank within six (6)

months from the date of expiry of this bank guarantee all the rights of the Owner under

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32

this bank guarantee shall be forfeited and the Bank shall be relieved and discharged from

all liabilities hereunder.

(x) However, in the opinion of the Owner, if the Contractor‟s obligations against which

this bank guarantee is given are not completed or fully performed by the Contractor

within the period prescribed under the Contract, on request of the Contractor, the Bank

hereby agrees to further extend the bank guarantee, till the Contractor fulfils its

obligations under the Contract.

(xi) We have the power to issue this bank guarantee in your favour under Memorandum

and Article of Association and the Undersigned has full power to do so under the Power

of Attorney dated [date of power of attorney to be

inserted]…………………………………………………granted to him by the Bank.

Date:

Bank

Corporate Seal of the Bank

By its constituted Attorney Signature of a person duly authorized to sign on behalf of the

Bank

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33

NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING

SRI AUROBINDO MARG, NEW DELHI-110 016

SECTION-6

CHECK-LIST

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34

NATIONAL COUNCIL OF EDUCATIONAL RESEARCH & TRAINING

SRI AUROBINDO MARG, NEW DELHI-110 016

CHECK LIST ON PREPARATION OF BIDS

Sl. No. Particulars

YES/NO

1. Have you filled in and signed the Contact Details Form?

2. Have you read and understood various conditions of the Contract

and shall abide by them?

TECHNICAL BID

3. Have you enclosed the EMD of Rs.1,00,000/- in the Technical

Bid ?

4. Have you taken prints of all the Sections of Tender, in the

prescribed paper size and signed on all the pages of the tender

documents?

5. Have you attached proof of having met the following minimum

eligibility criteria?

5.1 Legal Valid Entity: Have you attached attested Certificate issued

by the Registrar of firms / Companies?

5.2 Financial Capacity: Have you attached Audited Balance Sheets ?

5.3 Registration with Government Bodies like ESIC, EPF, Labour

Laws: Have you attached a Registration copy of each of the

certificate?

5.4 Have you attached copy of License issued by Govt. of NCT Delhi

in PSARA Act.2005

5.5 Experience: Have you attached the attested experience

certificates issued by the Organizations / Government Deptts of

the last five years?

5.6 Security: Have you attached proof of security?

6. Have you attached the proof of authorization to sign on behalf of

the bidder in the Technical Bid?

7. Have your Technical Bid been packed as per the requirements of

the Tender?

FINANCIAL BID

8. Have your financial Bid proposal is duly filled, sealed and signed

on all pages?

9. Have you quoted prices against each of the category?

10. Have your financial bid been packed as per Tender?