Government of India Ministry of Information & Broadcasting. Broadcast Engineering Consultants India Limited. C-56 A/17, Sector -62, Noida (UP)

Transcription

1 Government of India Ministry of Information & Broadcasting Broadcast Engineering Consultant India Limited C-56 A/17, Sector -62, Noida (UP) Expression of Interest (with commercial offer) For Empanelment of Agencies for Outsourcing Manpower to Domestic and International clients Expression of Interests (EOI) cum price bid No: BECIL/HQ/Outsourced Manpower/Agency/ dated 14/12/ Expression of Interests (EOI) cum commercial offer complete in all respect to be online submitted in Two Bid (Technical & Commercial Bid). 2. The address and contact numbers for sending EOI or seeking clarifications regarding this EOI are given below: a. Bids/queries to be addressed to b. Postal address for sending the EMD, Tender Cost c. Name/designation of the contact Personnel d. Telephone number of the contact personnel e. ids of contact personnel Ms. Avantika Malhotra, Assistant Manager (HR) The Chairman and Managing Director, Broadcast Engineering Consultants India Limited 56 A/17, Block C, Noida (UP) Ms. Avantika Malhotra, Assistant Manager (HR) f. Fax number g. Website h. Date & Time of EOI Submission i. Date of opening of Technical Bid 04/01/ :00 hrs 04/01/ :30 hrs j. EOI Cost Rs.2000 In the form of DD in favor of Broadcast Engineering Consultants India Limited, payable at New Delhi. k. Processing Fee Rs %GST through e-payment gateway available on e-tendering website. l. EMD Cost INR 1 Lakh by Demand Draft in favour of Broadcast Engineering Consultants India Limited payable at New Delhi.

2 m. Contact details of ITI (for euniwizard site) Mr. Awesh Tyagi: , Mr. Birendra: Mr. Bhuneshwar: Mr. Nehal: n. Help Desk of ITI (From10:00 hrs to 18:00 hrs) 3. This EOI is divided into five parts as follows: a) Part I: Contains General Information and instructions for the agencies about the EOI such as the time, cost of EOI document, registration fee, place of submission and opening of EOI, validity period of EOI etc. b) Part II: Containing essential details of the services required, such as the prerequisite of the agency, technical details and eligibility criteria etc. c) Part III: Contains Standard Conditions of EOI, which will form part of the contract with the successful agency. d) Part IV: Contains Special Conditions applicable to this EOI and which will form part of the contract with the successful agency. e) Part V: Contains Evaluation Criteria. 4. This EOI cum Price bid is being issued with no financial commitment and BECIL reserves the right to change or vary any part thereof at any stage. BECIL also reserves the right to withdraw the EOI should it become necessary at any stage without assigning any reason.

3 Part I General Information 1. Complete EOI document can be downloaded from e-tender portal of BECIL 2. Both Technical Bid and Financial Bid will be submitted concurrently duly digitally signed on the website 3. To participate in the e-tendering submission, it is mandatory for the applicants to get registered their firm/joint venture with the E-tendering portal of BECIL to get user ID & Password. The Annual registration charges for vendor/supplier are Rs. 3,000/- +18% (GST) per annum. 4. It is mandatory for all the applicants to have Class-III Digital Signature Certificate (in the name of person who will sign the bid document) from any of the licensed certifying Agency. 5. Tender fee and EMD deposit shall be placed in a single sealed envelope super scribed with tender reference No and date of opening so as to reach Broadcast Engineering Consultant India Limited C- 56, A/17, Sector-62, Noida (UP) before scheduled time on prescribed tender opening date. EMD received late shall be summarily rejected. Hard copy of any other tender document shall not be accepted. a) Currency of Quote INR India Rupee Only. b) Consortium Not Allowed c) Cost of Preparation of Bid By Bidders d) EMD will be forfeited if the successful Bidder fails to deposit non-refundable fee. e) Language English only. f) Font 12, Times Roman g) Only EMD relaxation for MSME, No relaxation in non refundable fee for MSME / Startup 6. Submission of Tender: a) The tender will be on the basis of Two Bid System and offers are to be submitted through e- tender only. I. The Technical Bid contains Technical document towards eligibility criteria. II. The Price bid will contain the price schedule duly filled-in and contain all the commercial details of the bid. Both Technical bid and Commercial bid will be submitted concurrently online duly digitally signed. Your offer shall be submitted online up to 04/01/ :00hrs on the notified date of closing of the tender. 7. Last date and time for submission of EOI: 04/01/ up to 15:00hrs

4 8. Date and Time for opening of EOI: 04/01/ :30hrs (If due to any exigency, the due date for opening of the EOI is declared a closed holiday, the EOI will be opened on the next working day at the same time or on any other day/time, as intimated by BECIL). 9. Clarification regarding contents of the EOI: Any agency who requires clarification regarding the contents of the EOI document shall notify to BECIL in writing about the clarifications sought not later than 04/01/2019 (submission date). Copy of the queries and clarifications issued by BECIL will be sent to all agencies that have received the EOI document from BECIL and will also be posted on website. 10. Modification and withdrawal of EOI: An agency may modify or withdraw his EOI before submission time provided that the written notice of modification or withdrawal is received by BECIL prior to deadline prescribed for submission of EOI. A withdrawal notice may be sent by fax but it should be followed by a signed confirmation copy to be sent by post and such signed confirmation should reach BECIL not later than the deadline for submission of EOI. No EOI shall be modified after the deadline for submission. No EOI may be withdrawn in the interval between the deadline for submission of EOI and expiration of the period of EOI validity specified. Withdrawal of EOI during this period will result in agency s forfeiture of EMD. 11. Clarification regarding contents of the EOI: During evaluation and comparison of EOI, BECIL may, at its discretion, ask the agency for clarification on the EOI. The request for clarification will be given in writing and no change in prices or substance of the EOI will be sought, offered or permitted. No post-eoi clarification on the initiative of the agency will be entertained. 12. Rejection of EOI: Canvassing by the agency in any form, unsolicited letter and post-eoi correction may invoke summary rejection with forfeiture of Registration fee & EMD. Conditional EOI will be rejected. 13. Unwillingness to quote: Not Applicable in this EOI. 14. Validity of EOI: The EOI should remain valid for twelve months from the last date of submission of the EOI.

5 15. Cost of EOI: Detailed EOI document can be downloaded from BECIL website or or on payment of Rs. 2,000/- (Rs Two Thousand Only) (non-refundable) in the form of demand draft/pay order draft in favour of Broadcast Engineering Consultants India Limited, payable at New Delhi. 16. Online Processing Fee 17. EMD For participated in this EOI, bidders shall be charged e-tendering processing fee Rs.3000/+18% GST (non-refundable) through e-payment gateway available on BECIL e-tendering website INR 1 Lakh (Rupees One Lakh only) in favour of Broadcast Engineering Consultants India Limited by DD payable at New Delhi. The EMD will be returned to the unsuccessful bidder only without any interest after completion of the process of empanelment. The successful bidder will not be returned the EMD. Instead the bidder will have to deposit an additional INR 1 Lakh (Rupees One Lakh Only) by DD payable at New Delhi as the non-refundable registration fee to get the empanelment effective. 18. Registration Fee: The selected / empanelled agency shall have to submit non-refundable registration fee for an amount of Rs. 2,00,000/- (Rs. Two Lakh Only). The registration fee shall be submitted in the form of Demand Draft / Banker s Cheque in favour of Broadcast Engineering Consultants India Limited from any of the Public Sector Banks or a private Sector Bank authorized to conduct government business. This fee can be submitted as explained at S.No 15 above. 19. Opening of EOI: The envelope-1 containing Fee for EOI document alongwith EMD would be opened first and if the fee and EMD is found as per EOI notice then the technical documents towards eligibility criteria would be opened online on the time and date mentioned above. The commercial offer of only those agencies will be opened online whose documents towards eligibility criteria are found compliant/suitable after technical evaluation is done by the committee.

6 Part II - Scope of work and Eligibility of Bidder 1. Scope The agency shall be providing manpower to BECIL for outsourcing to Domestic and International clients (government as well as private). 2. Eligibility 1. Basic requirements of the agency for Domestic Business: The agency must be a registered entity for recruitment, hiring and sourcing of manpower in accordance with the rules of the land/country/state/province. The agency must be in the business of outsourcing manpower for the last three year (from April, 2015) at the time of submission of the bid. The agency must have outsourced at least 300 manpower on the date of submission of the bid. The period of each outsourcing must be of three months duration or more. The annual turnover of the agency should be INR 3 Crore in the last three years ( to ) from outsourcing of manpower. The agency must have a positive net worth during Basic requirements of the agency for International Business: The agency must be a registered entity for recruitment, hiring and sourcing of manpower in accordance with the rules of the land/country/state/province. The agency must have an authorisation/agreement from at least one country. The agency must have a positive net worth during Terms & Conditions: (a) The agency must have an office in at least one city in India. (b) The agency shall not sub-contract or transfer the contract to any other agency. (c) The agency should have valid registration with all statutory authorities such as central/state labor dept., ESI, PF and GST authorities etc. (d) The agency must submit documentary evidence in support of fulfilling eligibility criteria mentioned above at (a) (b) & (c).

7 (e) The agency must furnish a copy of audited balance sheet along with annual income tax return for last three years i.e. for FY , , (f) The agency will have to quote the rate of manpower inclusive of their margin in case of all the categories of manpower except those falling in the purview of minimum wages act. (g) In case of all the categories of manpower governed by the minimum wages act, the agency will be paid a margin of 5% only irrespective of area of business. (h) For all the Domestic business, BECIL will charge on the gross value of Invoice a margin of 9% in case of payment received from the client after rendering of service and 5% in case of advance of one month or more received from the client irrespective of the area and volume of business. This margin can be modified only with prior approval of the competent authority and only in case of new business. (i) The rates and margins will be decided on case to case basis in respect of International business. (j) In case of submission of bid against a tender, the margin of the agency and BECIL will be decided at the ratio of 70:30. The selection of the agency for pre bid agreement in case of tender will be decided by BECIL only. The agency coming to BECIL for such tender shall be normally decided on first come basis. A written communication over / letter etc. will be taken as the evidence. 4. Eligibility Criteria S.NO ELIGIBILITY CRITERIA The agency should be a company registered under the Indian Companies Act, 1956 and have their registered offices in India ISO certified companies will have preference i.e agency having ISO 9000/27001/20000 The agency / company must be in the business for a minimum period of three (3) years and must be able to provide the services as mentioned in the scope of work. The agency must have a positive net worth during The agency is required to submit following documents towards registration with statutory authorities such as Central / State Labor dept., ESI, PF and GST etc. The agency must have their branch / regional office in Delhi/NCR REMARKS / SUPPORTING DOCUMENTS Copy of Certificate of Incorporation Copy of Certificates Copies of Work Orders / Agreements Audited Balance sheet should be enclosed along with the CA Copies of all mentioned certificate to be enclosed Electricity Bill / Landline Telephone Bill / ROC Certificate

8 The Annual Turnover of the agency should be INR 3 Crores in the last three (3) years ( to ) The agency should not be blacklisted by any Central Government / State Government / PSU / Government Bodies / Autonomous Bodies / Private Sector. The agency must have outsourced at least 300 manpower and period must be of three months duration or more. The agency must have an authorization/ agreement from at least one country (International Business) The agency must furnish a copy of audited balance sheet along with annual income tax return for last three years i.e for FY to All categories of manpower governed by the minimum wages act, the agency will be paid a margin of 5% only. The agency shall not sub-contract or transfer the contract to any other agency. Audited balance sheet should be enclosed along with the CA certificate Undertaking on Non Judicial stamp paper with company seal and signature of authorized person Copies of Work Orders / Agreement. Copy of Agreement / Certificate Copy of Agreement with company seal and signature of authorized person. Copies of Work Orders / Agreement Copy of Certificates 5. Empanelment and Period of Contract: The empanelment of the agency will be subject to satisfying all the terms and conditions. The empanelment of an agency will be for a period of two years initially. The period will be extended for a further period of two years on the same terms and conditions subject to the performance which shall be evaluated by BECIL and the decision of BECIL will be final in this regard. Each agency shortlisted for empanelment will have to deposit a non-refundable fee of INR 2.00 lakhs in BECIL and the letter confirming the empanelment will be issued on receipt of the same. The empanelled agency will be free to bring business to BECIL at their own cost and at the rate approved during the empanelment. BECIL will have the right to decide which agency will be working with a client in case of two or more agencies claiming marketing and business development with the client. The opinion of the client may also be taken for arriving at a decision in such matters. In case of a large number of empanelment, each agency will have to give an option for the area of business and the basic criteria could be the registered office of the agency. The agencies already under contract/empanelment with BECIL (as on the date of publication of EOI) for outsourcing manpower are exempt from applying in this EOI subject to the following conditions

9 a) The agency must have at least one client through BECIL on the date of publishing of this EOI. b) The agency will have to submit the Non Refundable Fee of INR 2.00 lakhs as applicable for the new empanelment. c) All new businesses will be at the rate approved for the new empanelment. d) The agency will have to abide by the terms and conditions of the EOI and new empanelment. e) The continuing business shall be governed by the existing contracts till their validity. However, they may migrate to the new rates with the consent of the client. In such cases, the agency must write to BECIL addressed to Ms. Avantika Malhotra, Assistant Manager (HR) on their letter head attaching proof of documents mentioned at (a) above.

10 Part III Standard Conditions of EOI The agency is required to give confirmation of their acceptance of the Standard Conditions of the EOI mentioned below which will automatically be considered as part of the contract concluded with the successful agency (i.e. contractor/supplier in the contract) as selected by BECIL. Failure to do so may result in rejection of the expression submitted by the agency. 1. Law: The contract shall be considered and made in accordance with the laws of the Republic of India. The contract shall be governed by and interpreted in accordance with the laws of the Republic of India. 2. Effective Date of Contract: The contract shall come into effect on the date of signatures of both the parties on the contract (Effective Date) and shall remain valid until the completion of the obligations of the parties under the contract. The deliveries and supplies and performance of the services shall commence from the effective date of the contract. 3. Arbitration: All disputes or differences arising out of or in connection with the contract shall be settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to the contract or relating to services or performance, which cannot be settled amicably, may be resolved through arbitration. The standard clause of arbitration is given in Annexure-I. 4. Penalty for use of Undue influence: The agency undertakes that it has not given, offered or promised to give, directly or indirectly, any gift, consideration, reward, commission, fees, brokerage or inducement to any person in service of the customer or otherwise in procuring the Contracts or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the present contract or any other contract with the Government of India for showing or forbearing to show favour or disfavour to any person in relation to the present contract or any other contract with the Government of India. Any breach of the aforesaid undertaking by the agency or any one employed by him or acting on his behalf (whether with or without the knowledge of the agency) or the commission of any offers by the agency or anyone employed by him or acting on his behalf, as defined in chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or any other Act enacted for the prevention of corruption shall entitle the customer to cancel the contract and all or any other contracts with the agency and recover from the agency the amount of any loss arising from such cancellation. A decision of the customer or his nominee to the effect that a breach of the undertaking had been committed shall be final and binding on the agency. giving or offering of any gift, bribe or inducement or any attempt at any such act on behalf of the agency towards any officer/employee of the customer or to any other person in a position to influence any officer/employee of the customer for showing any favour in relation to this or any other contract shall render the agency to such liability/penalty as the customer may deem proper, including but not limited to termination of the contract, imposition of penal damages, forfeiture of the Bank Guarantee and refund the amounts paid by the customer. 5. Agents/Agency Commission: The agency confirms and declares to BECIL that the agency is the original provider of the services referred to in this contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the Government of India or any of its functionaries whether officially or unofficially, to the award

11 of the contract to the agency, nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The agency agrees that if it is established at any time to the satisfaction of BECIL that the present declaration is in any way incorrect or if at a later stage it is discovered by BECIL that the agency has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward, fees, commission or consideration to such person, party, firm or institution, whether before or after the signing of this contract the agency will be liable to refund that amount to BECIL. The agency will also be debarred from entering into any supply contract with the Government of India for a minimum period of five years. BECIL will also have a right to consider cancellation of the contract either wholly or in part, without any entitlement or compensation to the agency who shall in such an event is liable to refund all payments made by the customer in terms of the contract along with interest at the rate of 2% per annum above 18% penal rate. BECIL will also have the right to recover any such amount from any contracts concluded earlier by agency with the Government of India or with BECIL. 6. Access to Books of Accounts: In case it is found to the satisfaction of BECIL that the agency has engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses relating to Agents/Agency Commission and penalty for use of undue influence, the contractor, on a specific request of BECIL shall provide necessary information/inspection of the relevant financial documents/information. 7. Non-disclosure of contract documents: Except with the written consent of the customer and BECIL, the agency shall not disclose the contract or any provision of the contract or information related to services thereof to any third party. 8. Penalty and Liquidated Damages: In the event of the agency failure to submit the Bonds, Guarantees and Documents, services as specified in this contract, BECIL may, at its discretion, withheld any payment until the completion of the contract. BECIL may also deduct from the agency as agreed, liquidated damages to the sum of 1% of the contract price of the delayed services mentioned above for each day subject to the maximum value of the Liquidated Damages being not higher than 10% of the value of delayed services. 9. Termination of Contract: BECIL shall have the right to terminate this contract in part or in full in any of the following cases:- (a) The delivery of the services is delayed for causes not attributed to Force Majeure for more than 15 days after the scheduled date of signing of contract/placing of order. (b) The agency is declared bankrupt or becomes insolvent. (c) The delivery of services is delayed due to causes of Force Majeure by more than 01 months provided Force Majeure clauses are included in contract. (d) The BECIL/customer has noticed that agency has utilized the services of any agent in getting this contract and paid any commission to such individual/company etc. (e) As per decision of the Arbitration Tribunal. 10. Notices: Any notice required or permitted by the contract shall be written in the English language and may be delivered personally or may be sent by FAX or registered pre-paid mail/airmail, addressed to the last known address of the party to whom it is sent.

12 11. Transfer and Sub-letting: The agency has no right to give, bargain, sell, assign or sublet or otherwise dispose of the contract or any part thereof, as well as to give or to let a third party take benefit or advance of the present contract or any part thereof. 12. Patents and other Industrial Property Rights: The prices stated in the present contract shall be deemed to include all amounts payable for the use of patents, copyrights, registered charges, trademarks and payments for any other industrial property rights. The agency shall indemnify the BECIL/customer against all claims from a third party at any time on account of the infringement of any or all the rights mentioned in the previous paragraphs whether such claims arise in respect of manufacture or use. The agency shall be responsible for the completion of the Amendments: No provision of present contract shall be changed or modified in any way (including this provision) either in whole or in part except by an instrument in writing made after the date of this contract and signed on behalf of both the parties and which expressly states to amend the present Contract. 13. Statutory Duties & Taxes: (a) (b) (c) Any change in any duty/tax upward/downward as a result of any statutory variation taking place within contract terms shall be allowed to the extent of actual quantum of such duty/tax paid by the agency. Similarly, in case of downward revision in any duty/tax, the actual quantum of reduction of such duty/tax shall be reimbursed to the customer by the contractor. All such adjustments shall include all reliefs, exemptions, Rebates, concession etc. if any obtained by the agency. If it is desired by the agency to ask for the GST to be paid as extra, the same must by specifically stated. In the absence of any such stipulation in the bid, it will be presumed that the prices quoted by the agency are inclusive of GST and no liability will be developed upon the BECIL. On the Bids quoting GST, the rate and the nature of GST applicable at the time of supply should be shown separately. GST will be paid to the agency at the rate at which it is liable to be assessed or has actually been assessed provided the transaction of services is legally liable to GST and the same is payable as per the terms of the contract. 14. Pre-Integrity Pact Clause: An Integrity Pact would be signed between BECIL & successful empaneled agency. This is a binding agreement between BECIL and agency for specific contracts in which BECIL promises that it will not accept bribes during the procurement and services process and agency promise that they will not offer bribes. Under this Pact, the Agencies for specific services or contracts agree with the BECIL to carry out the procurement and services in a specified manner. Elements of the Pact are as follows: a) A pact (contract) between the BECIL (Principal) and successful empaneled agency for this specific activity (the successful Agency); b) An undertaking by the Principal (i.e. BECIL) that its officials will not demand or accept any bribes, gifts etc., with appropriate disciplinary or criminal sanctions in case of violation; c) A statement by successful empaneled agency that it has not paid, and will not pay, any bribes; d) An undertaking by successful empaneled agency to disclose all payments made in connection with the contract in question to anybody (including agents and other middlemen as well as family members, etc. of officials); the disclosure would be made either at the time of signing of contract or upon demand of the Principal, especially when a suspicion of a violation by that successful agency/contractor emerges;

13 e) The explicit acceptance by successful empaneled agency that the no-bribery commitment and the disclosure obligation as well as the attendant sanctions remain in force for the agency until the contract has been fully executed. f) Undertaking on behalf of a successful empaneled agency will be made in the name for and on behalf of the company s Chief Executive Officer/Managing Director. g) The following set of sanctions shall be enforced for any violation by a Agency of its commitments or undertaking: (i) (ii) (iii) (iv) Denial or loss of contracts; Forfeiture of the bid security and performance bond; Liability for damages to the principal and the competing agencies; and Debarment of the violator by the principal for an appropriate period of time. h) Agencies are also advised to have a company code of conduct (clearly rejecting the use of bribes and other unethical behaviors and compliance program for the implementation of the code of conduct throughout the company.

14 Part IV Special Conditions of EOI The agency is required to give confirmation of their acceptance of special conditions of the EOI mentioned below which will automatically be considered as part of the contract concluded with the successful agency (i.e. contractor/supplier in the contract) as selected by BECIL. Failure to do may result in rejection of EOI submitted by the Agency. (i) (ii) Non Refundable Fee: The shortlisted agency will be required to submit a Non Refundable Fee of INR 2.00 Lakhs in the form of Demand Draft through a public sector bank or a private section bank authorised to conduct government business (i.e. ICICI Bank Ltd., Axis Bank Ltd or HDFC Bank Ltd.). The Demand Draft will be drawn in favour of Broadcast Engineering Consultants India Limited payable at New Delhi. Payment Terms: It will be mandatory for the Agencies to indicate their bank account numbers and other relevant e-payment details so that e-payments could be made instead of payment through cheque. The payment will be made as per the following terms, on production of the requisite documents: a) Payment would be made to the firm on the basis of events / services provided the agency depending upon their satisfactory performance of work. b) The agency will raise the Invoices on completion of the month or the period defined and payment shall be made only on receipt of payment from the client. c) No advance payment would be made at any cost. (iii) Paying Authority: The payment would be made by BECIL on submission of following documents:- a) Ink signed copy of contractor bills b) Performance report submitted by supervising officer of BECIL. c) Claim for statutory and other levies to be supported with requisite documents/proof of payment such as GST, proof of payment for EPF/ESIC contribution with name of beneficiaries, etc. as applicable. d) Details for electronic payment viz; account holder s name, bank name, branch name and address, account type, account number, IFSC code, MICR code (if these details are not incorporated in supply order/contract). e) Any other document/certificate that may be provided for in the Job Order/Contract. f) User Acceptance & Satisfactory Services Report. (iv) Fall Clause: The following fall clause will form part of the contract placed on successful Agency: (a) The price charged for the services supplied under the contract by the agency shall in no even exceed the lowest price at which the contractor provides the services of identical description to any persons/organization including the customer or any department of the Central Government or any department of state government or any statutory undertaking of the central or state government as the case may be during the period till performance of all services placed during the currency of the contract is completed. (b) If at any time, during the said period the agency reduces the service price or offer to provide services to any person/organization including the customer or any department of

15 central Government or any Department of the State Government or any Statutory undertaking of the Central or State Government as the case may be at a price lower than the price chargeable under the contract. Such reduction of services offer of the price shall stand correspondingly reduced. (d) The agency shall furnish the following certificate to BECIL along with each bill for payment for services made against the contract We certify that there has been no reduction in service price of the similar services to the Government under the contract herein and such services have not been offered/sold by me/us to any person/organization including BECIL or any department of Central Government or any department of a state Government or and Statutory Undertaking of the Central or state Government as the case may be up to the date of bill/the date of completion of services against all job orders/contract placed during the currency of the Contract at price lower than the price charged to the government under the contract. (v) Risk & Expense clause: a) Should the services thereof not be delivered within the time or times specified in the contract documents, or if defective services is made in respect of the services thereof, BECIL shall after granting the contractor seven days to cure the breach, be at liberty, without prejudice to the right to recover liquidated damages as a remedy for breach of contract, to declare the contract as cancelled either wholly or to the extent of such default. b) Should the services thereof not perform in accordance with the specifications/parameters provided by the customer during the check proof tests to be done by the customer, the customer shall be at liberty, without prejudice to any other remedies for breach of contract, to cancel the contract wholly or to the extent of such default. c) In case of a contractual breach that was not remedied within 07 days, BECIL shall, having given the right of first refusal to the contractor be at liberty to provide services from any other source as he thinks fit, of the same or similar description to services. d) Any excess of the services price cost of services or value of any services procured from any other contract as the case may be, over the contract price appropriate to such default or balance shall be recoverable from the agency by BECIL/Customer. (vi) Force Majeure Clause: a) Neither party shall bear responsibility for the complete or partial non performance of any of its obligations (except for failure to pay any sum which has become due on account of receipt of goods under the provisions of the present contract), if the non-performance results from such Force Majeure circumstances as Flood, Fire, Earth Quake and other acts of God as well as War, Military operation, blockade, Acts or Actions of State Authorities or any other circumstances beyond the parties control that have arisen after the conclusion of the present contract.

16 b) In such circumstances the time stipulated for the performance of an obligation under the present contract is extended correspondingly for the period of time of action of these circumstances and their consequences c) The party for which it becomes impossible to meet obligations under this contract due to Force Majeure conditions, is to notify in written form the other party of the beginning and cessation of the above circumstances immediately, but in any case not later than 10 (Ten) days from the moment of their beginning. d) Certificate of a Chamber of Commerce (Commerce and Industry) or other competent authority or organisation of the respective country shall be a sufficient proof of commencement and cessation of the above circumstances. e) If the impossibility of complete or partial performance of an obligation lasts for more than one month s either party hereto reserves the right to terminate the contract totally or partially upon giving prior written notice of 15 days to the other party of the intention to terminate without any liability other than reimbursement on the terms provided in the agreement for the goods received THE EMPANELLED AGENCIES WILL HAVE TO ACCEPT TO EXECUTE THE WORKS AT L1 RATES ONLY EVEN IF THEY BRING ASSURED BUSINESS FOR BECIL.

17 Part V Price Bid Evaluation Criteria a. Only those EOI will be evaluated which are found to be fulfilling all the eligibility and qualifying requirements of the EOI, both technically and commercially. b. The lowest quoted bid (L1) for each category of manpower will be determined as mentioned below: a. Abridged Financial Bid (ANNEXURE-1I) will be opened electronically for all the qualified bidders. b. L1, L2, L3, L4 bidders will be decided on the basis of the lowest gross total value (GTV) submitted by all the qualified bidders as per the format given in Table Abridged Financial Bid. c. Once L1 rates are finalised as per the procedure defined, other bidders willing to get empanelled shall have to agree to work at those rates. d. The Average Bid Price shall be computed by adding all Financial Bid values (GTV) of the qualified bidders and dividing the same by the number of such bidders. e. Financial Bids that are less or more than 20% of the Average Bid Price will be disqualified. c. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price will prevail and the total price will be corrected. If there is a discrepancy between words and figures, the amount in words will prevail for calculation of price. d. The lowest acceptable offer will be considered further for placement of contract/supply order after complete clarification and price negotiations if required as decided by BECIL. BECIL also reserves the right to do apportionment of quantity, if it is convinced that lowest bidder is not in a position to provide multiple services within stipulated time and the same will be placed to another bidder at lowest-1 rate. e. BECIL reserve the right to allocate the work to any empanelled agency for training without any call for rate competition.

18 DECLARATION I/We hereby certify that the information furnished above is true and correct to the best of my / our knowledge and I have read and understood the terms and conditions contained in the EOI document. I/We understand that in case any deviation is found in the above statement at any stage, I / We will be blacklisted and will not have any dealing with the BECIL in future. Signature of Authorised Signatory on behalf of Agency Place: Date: Address: Mobile: ID:

19 ANNEXURE-I Format of Arbitration Clause Indigenous Private agencies I. All disputes of differences arising out of or in connection with the present contract including the one connected with the validity of the present contract or any part thereof should be settled by bilateral discussions. II. III. IV. Any dispute, disagreement of question arising out of or relating to this contract or relating to construction or performance (except as to any matter the decision or determination whereof is provided for by these conditions), which cannot be settled amicably, shall within sixty (60) days or such longer period as may be mutually agreed upon, from the date on which either party informs the other in writing by a notice that such dispute, disagreement or question exists, will be referred to a sole Arbitrator. Within (60) days of the receipt of the said notice, an arbitrator shall be nominated in writing by the authority agreed upon by the parties. The sole Arbitrator shall have its seal in New Delhi or such other place in India as may be mutually agreed to between the parties. V. The arbitration proceedings shall be conducted under the Indian Arbitration and Conciliation Act, 1996 and the award of such Arbitration Tribunal shall be enforceable in Indian Courts only. VI. VII. Each party shall bear its own cost of preparing and presenting its case. The cost of arbitration including the fees and expenses shall be shared equally by the parties, unless otherwise awarded by the sole arbitrator. The parties shall continue to perform their respective obligations under this contract during the pendency of the arbitration proceedings except in so far as such obligations are the subject matter of the said arbitration proceedings. Note: In the event of the parties deciding to refer the dispute/s for adjudication to an Arbitral Tribunal then one arbitrator each will be appointed by each party and the case will be referred to the Indian Council of Arbitration (ICADR) for nomination of the third arbitrator. The fees of the arbitrator appointed by the parties shall be borne by each party and the fees of the third arbitrator, if appointed, shall be equally shared by the BECIL/Customer and Agency.

20 ANNEXURE II Financial Bid Bidder Name: Bidder's Billing Address: S.No. Positions (Qualifications & Experience) 1 Sr. Advisor (HR & Admin.) Table A : Detailed Financial Bid Format Technical Resource Estimations: Period Rate (R) Multiplication Factor (F) Total Cost (R * M) 2 Sr. Advisor (Technical) 3 Advisor (Retainership basis) 4 Advisor (Technical) 5 Sr. Consultant (Civil) 6 Sr. Consultant (Retainership) 7 Sr. Consultant (HR & Corporate Communication) 8 Consultant (IT) 9 Consultant (BD) 10 Consultant (F&A) 11 Consultant (Procurement) 12 Consultant (HR/Admin & Legal) 13 Technical (Consultant) 14 Media Consultant 15 Social Media Coordinator 16 IT Coordinator 17 Project Manager 18 Project Assistant (HR) 19 Project Assistant (Account) 20 Project Assistant (Coordination) 21 Project Assistant (IT)

21 22 Project Assistant (Technical) 23 Project Executive (IT) 24 Marketing Executive 25 Sr. Project Engineer 26 Executive (HR) 27 Executive (EPF/ESI) 28 Executive (Finance) 29 Project Attendant Total 1. Rates (R.) quoted for on sites rates 2. Multiplication Factor (M-Quantity) Bidder Name: Bidder's Billing Address: TABLE B: Abridged Financial Bid Price Abridged Financial Bid should be quoted in the following format and no breakup would be accepted. Price should be quoted in Indian Rupees and indicated both in figures and words. Figures in words. Figure in words will prevail. Gross Total Value Date: Place: Signature (with company seal) Name of Authorized Signatory: