Request for Proposal (RFP) For. Caretaker Services at various ATMs of Bank of Baroda located in all over Uttarakhand under OPEX Model.

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1 Request for Proposal (RFP) For Caretaker Services at various ATMs of Bank of Baroda located in all over Uttarakhand under OPEX Model Bank of Baroda, Zonal Office, 1 ST Floor 129-D, Civil Lines, Bareilly UTTAR PRADESH / /

2 BANK OF BARODA (A Government of India Undertaking) TENDER NOTICE The General Manager, Bank of Baroda, WESTERN U.P. & UTTRAKHAND ZONE FIRST FLOOR,129-D CIVIL LINES BAREILLY invites sealed tenders in 2 bid system for Caretaker Services for its various ATMs located in all over UTTRAKHAND from the reputed registered agencies or firms and having registration with Labour Commissioner for providing CARETAKERS, CLEANING & COMPLETE UP- KEEPING of Bank of Baroda ATMs installed in the State of UTTRAKHAND under OPEX Model. Scope of Work: Deployment of Caretaker in ATMs for cleaning and complete up-keeping of the ATMs installed in the State of UTTRAKHAND in a neat and orderly condition and ensuring that the ATMs are safe for users. Note 1: The work of caretakers, cleaning and complete up-keep involves keeping all the furniture, ATM, its floor and accessories clean, neat and tidy. Note 2: All material related to cleaning & up-keeping of the ATM premises would be provided by the Contractor(s) as per the requirement. Note 3: Contractor(s) should be able to supply additional caretaker / caretakers on demand. Start date of tender : Last date of acceptance of tenders : hrs on Date and time of opening the technical bid : hrs on Eligibility criteria: 1) The vendor shall have minimum five years experience in field of PROVIDING OUT SOURCED CARETAKERS/WATCHMEN TO PSU S. 2) The vendor should have executed at least: a) One work of Rs 160 Lakhs Or b) Two works of Rs 100 Lakhs Or c) Three works of Rs 80 Lakhs 3) The bidder shall have valid registration with labour department / tax department. 4) The bidder should have Service Tax Registration and PAN 5) The vendor should have executed single work order involving handling and deployment of minimum 100 CARE TAKERS/WATCHMEN. Earnest Money Deposit (refundable) in form of Demand Draft favouring Bank of Baroda and payable at BAREILLY : ` Services of caretaker and complete up-keeping of ATMs of Bank of Baroda under OPEX Model in UTTARAKHAND. Tender shall be submitted in two envelopes consisting of following: 1. Cover 1 : Technical Bid including Pre-qualification documents (Annexure A) & Earnest Money Deposit (EMD) 2. Cover 2 : Price Bid

3 Cover 1 - Technical Bid, shall contain following documents: 1. Earnest Money Deposit (EMD) Technical bid accepting terms and conditions of the tender 2. Pre qualification documents i. Specified in Annexure A ii. Previous performance certificates showing detail for the similar works executed Cover 2 - Price Bid Note : Conditional offers will be summarily rejected. Cover 1 & Cover 2 of the tender duly filled in and signed should be submitted in two separate sealed covers. The bidder should clearly write On Cover 1 - the words Technical Bid & Earnest Money Deposit - deployment of CARETAKERS, CLEANING & COMPLETE UP-KEEPING of Bank of Baroda ATMs installed in the State of UTTARAKHAND On Cover the words - Price Bid - deployment of CARETAKERS, CLEANING & COMPLETE UP- KEEPING of Bank of Baroda ATMs installed in the State of UTTRAKHAND. Price Bid should be submitted without any condition. Both covers (i) Technical Bid & Earnest Money Deposit (EMD) Cover-1 and (ii) Price Bid - Cover-2 should be placed in another single cover and super scribed TENDER FOR deployment of CARETAKERS, CLEANING & COMPLETE UP-KEEPING of Bank of Baroda ATMs installed in the State of UTTRAKHAND submitted at the tender box kept at the following address:- The General Manager, Bank of Baroda, ZONAL OFFICE, WESTERN U.P.& UTTRAKHAND ZONE 129-D, 1 st Floor CIVIL LINES BAREILLY

4 INVITATION TO TENDER The General Manager, Bank of Baroda, WESTERN U.P. & UTTRAKHAND ZONE FIRST FLOOR,129-D CIVIL LINES BAREILLY invites tenders for Caretaker Services for its various ATMs located in all over of UTTRAKHAND. Scope of Work includes maintaining the ATMs in a neat and orderly condition and ensuring that the ATMs are safe for users. The contract term would be initially for 12 months which would subsequently be extended for next 12 months, if found satisfactory, and thereafter for each 1 year with maximum tenure of 3 years. Sealed Tenders will be received by up to 2:00 p.m., Friday at our office at Bank of Baroda Zonal Office, Bank of Baroda, WESTERN U.P. & UTTRAKHAND ZONE FIRST FLOOR,129-D CIVIL LINES BAREILLY Technical bids would be opened on the same day i.e. on at Bank of Baroda Zonal Office, WESTERN U.P. & UTTRAKHAND ZONE FIRST FLOOR,129-D CIVIL LINES BAREILLY Tender Documents would have to be downloaded In a PDF (Public Document Format) file format from the Bank of Baroda s website at No tender documents will be issued from any office of Bank of Baroda. For any information on the tender process, please contact: The General Manager, Bank of Baroda, Zonal Office, WESTERN U.P.& UTTRAKHAND Zone 129-D, 1 st Floor CIVIL LINES BAREILLY

5 INSTRUCTIONS TO TENDERERS: Tenders not submitted in strict accordance with these instructions or not complying with the requirements laid down in the tender will be rejected. Tender Documents: Tender Documents has to be downloaded from the Bank s website It is the sole responsibility of the vendor to ascertain that they have received a full set of Tender document. Upon submission of their bid, it would be considered that they are in possession of a full set of Tender documents. The lowest or any Tender will not necessarily be accepted. The General Manager, Bank of Baroda, WESTERN U.P. & UTTRAKHAND ZONE FIRST FLOOR,129-D CIVIL LINES BAREILLY reserves the right to accept or reject any or all Tenders without assigning any reasons thereof. Tenders submitted by fax, electronically or not in original format will not be accepted. Any Tender received after the closing date and time ( at 1400hrs.) will be considered disqualified and will be returned unopened to the tenderer. No Tenderer shall have any claim for any compensation of any kind whatsoever as a result of participating in this Tender. In the event that the previous paragraph is found to be invalid by a court of competent jurisdiction, then this paragraph will apply. By submitting a bid, a Tenderer agrees that it will not claim damages in excess of an amount equivalent to the reasonable costs incurred by the Tenderer in preparing its bid for matters relating to the Agreement or in respect of the competitive process, and the Tenderer, by submitting a bid, waives any claim for loss of profits if no agreement is made with the Tenderer. If a Tender contains a defect or fails in some way to comply with the requirements of the Tender Documents, which in the sole discretion of Bank of Baroda is not material, the Bank of Baroda may waive the defect or accept the Tender. General Manager, Bank of Baroda, WESTERN U.P. & UTTRAKHAND ZONE BAREILLY: Right to Reject Tender: The lowest Tender will not necessarily be accepted. The General Manager, Bank of Baroda, WESTERN U.P. & UTTRAKHAND ZONE reserves the right, in its sole discretion, to waive informalities in Tenders, reject any and all Tenders, or accept the Tender deemed most favourable in the interests of the Bank. EARNEST MONEY DEPOSIT: A crossed demand draft or bankers cheque favouring Bank of Baroda for an amount of Rupees TWO LACS (` /- refundable) payable at BAREILLY should be enclosed with the Technical Bid. This EMD will be returned to all unsuccessful bidders within sixty (60) days of the opening of financial bids of

6 the tender and to the successful bidder when a contract has been executed. Failure of the successful bidder to execute the contract upon award by the Bank will result in forfeiture of the Security Deposit. Discrepancies or Omissions: Tenderers finding discrepancies or omissions in the specifications or any other documents herein or having any doubts on the meaning or intent of any part there of, should immediately request in written form, either by Fax, by or by Regd. Mail, clarification from SECURITY DEPARTMENT, WESTERN U.P. & UTTRAKHAND ZONE BAREILLY. No responsibility will be accepted for oral instructions. Any Work done after discovery of discrepancies, errors or omissions will be done at the Contractor's risk. Examination of Contract Documents and Site: The Contractor will satisfy themselves as to the practicability of executing the Work in accordance with the Contract, and they will be held to have satisfied themselves in every particular before submitting their Tender by inquiry, calculation and inspection of the sites and the means of access to the site, the accommodation they may require, and, in general, will obtain all relevant information as to risks, contingencies and other circumstances which may influence their Tender. The Contractor will be deemed to have satisfied himself as to the sufficiency of the Tender for the Work and the prices quoted. These prices will cover all of their obligations under the Contract, and all matters necessary to the proper completion and maintenance of the Work, and will include the supply of all caretakers, material, supervision, services and assessments, except where otherwise provided elsewhere in this Contract. Taxes as per actual would be claimed. Bid Prices: Tender prices must remain open for acceptance for a period of sixty (60) days from the time of opening of technical bids ( ), unless otherwise stated by Bank of Baroda. Tenders will be evaluated on the ability of the Tenderer to comply with Contract requirements, the tendered Price and experience. If the bid prices are same, Bank of Baroda may divide the work in maximum three agencies. Bank of Baroda will not be responsible for any costs incurred by the respondent which may result from the preparation or submission of documents pertaining to this Tender. Start and Duration of Contract: The duration of the Contract will be initially for 1 YEAR which can be extended for next 1 YEAR and thereafter for each 1 year. Each period of renewal will be as per the tendered rates to the maximum of three (3) years. BIDDER CHECKLIST : Before submitting your tender bid, check the following points: Has the Tender Form been signed, sealed and witnessed? Has the Security Deposit requirement been met? Is the Financial Bid completed? Are the following pages included: Experience in field of PROVIDING OUT SOURCED CARETAKERS/WATCHMEN TO PSU S?. Are the documents complete? Are the documents enclosed in a sealed envelope? Note: Your proposal may be disqualified if ANY of the applicable foregoing points have not been complied with. Ensure that the tender is submitted in the sealed envelopes as mentioned above.

7 TENDER FORM (To be completed by Tenderer) Date: THE GENERAL MANAGER BANK OF BARODA ZONAL OFFICE WESTERN U.P. & UTTRAKHAND ZONE 1 TH FLOOR, 129-D CIVIL LINES BAREILLY Dear Sir, Having carefully examined the Instructions to Tenderers, Tender Form, General Conditions of Contract, and having visited the site(s) for purposes of examining site conditions and having become familiar with all conditions that affect the execution of the work, and having satisfied myself as to the sufficiency of the Tender the undersigned agrees to furnish all caretakers, materials, supervision and services and do all work necessary for and reasonably incidental to the caretaker services at the various ATM sites of Bank of Baroda, as specified, in accordance with the contract documents. The Tenderer agrees that in consideration of having its Tender considered, the Tendered price is open for acceptance within sixty (60) days of the opening of financial bids and will not be withdrawn during that period of time. The Tendered price includes all other additional charges on any or all materials, caretaker and it is understood that payment will be made after the completion of Month on the basis of the prices Tendered only and that any approved extras or refunds will be made by mutual agreement between the Bank and the Contractor. Accompanying this Tender, please find our security deposit for an amount of Rupees TWO LACS only (` /-) through a crossed Demand Draft / Banker s Cheque favouring Bank of Baroda and payable at Bareilly. The undersigned agrees that the General Manager, Bank of Baroda Western UP & Uttarakhand Zone, Bareilly reserves the right to waive informalities in tenders, reject any or all tenders, or accept the tender deemed most favourable in the interests of the Bank. Signed, Sealed and Delivered by: Name of Tenderer (Company) and Seal Address of Tenderer

8 General Conditions 1. Fee for tender document is neither transferable nor refundable. The rate arising out of this tender shall be valid for the period up to three years from the date of execution of agreement. 2. Tender should be submitted in sealed envelope prominently superscribed, Tender for deployment of CARETAKERS, CLEANING & COMPLETE UP-KEEPING of Bank of Baroda ATMs installed in the State of UTTRAKHAND and should be addressed to The General Manager, Bank of Baroda Zonal Office, Western U.P. & Uttrakhand zone, 1 st Floor, 129-D Civil Lines Bareilly. 3. Tenders should be sent by Registered Post (with AD) or should be dropped in the tender box available in the office (1 st floor). No separate acknowledgement will be made. Tenders received in unsealed covers and those received late will be rejected. Only one tender should be included in one cover. The tender will be opened at hours on by the undersigned, or any other person as may be authorized by Bank of Baroda, in the presence of the tenderers or their representatives as may be present on the occasion. In case the above date happens to be a holiday or the tender could not be opened on this date due to any unforeseen reasons, the tender will be received / opened on the next working day at the same time at the same place. 4. Attach self attested Xerox copies of documents along with the tender document. 5. The bidders shall submit the following documents along the tender document as proof of their eligibility: i) EMD in the form of crossed demand draft / bankers cheque drawn in favour of Bank of Baroda, payable at Bareilly. ii) Experience certificate for minimum five years in experience in field of PROVIDING OUT SOURCED CARETAKERS/ WATCHMEN TO PSU S. iii) Copy of Income Tax PAN / TAN Card. iv) Copy of Service Tax Registration Certificate. v) Valid document showing the registration with Labour department / Tax authorities. 6. QUOTING OF RATES: 6.1. The tender with firm price only will be considered. Conditional tenders will not be accepted. Rate should be quoted both in figures and words in English in the Price Bid format available in Annexure I Bank of Baroda shall not accept any responsibility for payment of additional charges on account of any escalation in cost of labour or materials, etc. what-so-ever during the currency of the contract. However increase in minimum wages will be given by Bank of Baroda to the contractor so as to ensure that the caretakers are given minimum wages, as effective, during the contracted period as per labour welfare laws While quoting rates, the bidder shall ensure that the caretakers are getting minimum wages prescribed by the Central or State Labour Welfare Officers, whichever is applicable A special attention is also invited to Clause 6 of the notification of Ministry of Labour & Employment dated 20th May 2009 which is reproduced as below:- Where in any area the minimum rates of wages fixed by this notification are lower than the minimum rates fixed by the State Government for employees in employment in aforesaid Employment in relation to which the Sates Government is the appropriate Government, the rates of wages fixed by the State Government shall in respect of these areas, be deemed to be the minimum rates of wages payable under this notification 6.5. Employer contribution of EPF and ESI will be given by the principal employer.

9 7. EARNEST MONEY DEPOSIT( REFUNDABLE) AND TENDER FEES ( NON-REFUNDABLE): 7.1. Each tender should contain required EMD amount. Tenders without proper EMD will be rejected outright. Likewise the tender fees in form of Demand Draft of ` (Two thousand only) in favour of Bank of Baroda Payable at Bareilly will essentially be submitted by the Bidder. Tenders without Tender Fees will be rejected outright The tender offer shall remain open for acceptance for 60 days from the date of opening of tender. The EMD will be forfeited to Bank of Baroda in case the tenderer withdraws his offer or fails to execute the agreement when called for to do so The EMD of the tenderers whose tenders are not accepted will be refunded within 60 days of opening of Financial Bids and finalization of the tender. 8. Security Deposit: 8.1 The successful tenderer will have to remit an amount equivalent to 10% of the tendered amount towards Security Deposit. This amount may be remitted by crossed Demand Draft / Term Deposit or in the form of Bank Guarantee valid for a period of minimum three years from Nationalised / Scheduled banks. The EMD of the successful tenderer will be adjusted against Security Deposit Security Deposit is to ensure faithful performance of the contract during the tender period. If the contractor fails or neglect to perform any of his obligations under the contract, it shall lead to forfeiture of Security Deposit in part or full. 8.3.All the compensation / other sum of money payable by the Contractor under the terms of this contract may be deducted from the Security Deposit or any sum which may be due or may become due to the contractor by the BANK OF BARODA on any account whatsoever. In the event of the Security Deposit being insufficient or if no Security Deposit has been taken from the Contractor, then the balance or the total sum recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to the Contractor. If this sum is not sufficient to cover the full amount recoverable, the Contractor shall pay to Bank of Baroda on demand the balance remaining due. 9. The successful tenderer will have to execute an agreement, after remitting the security deposit, in a Non judicial stamp paper of BAREILLY worth Rs.100/- (Rupees hundred only) at his own expenses. After execution of the agreement, the approved rate and contract shall be valid up to three years from the date of execution( SUBJECT TO YEARLR RENEWABL BASIS) of the agreement and can be extended further until a new tender is finalized on yearly basis. However increase in minimum wages will be compensated by Bank of Baroda, if claimed with documentary proof so as to ensure that the caretakers are getting minimum wages during the contract period as per labour welfare laws. 10. METHOD AND MANNER OF PERFORMANCES: 10.1 The contractor shall be an independent contractor and have complete charge of the caretakers deployed in the performance of the duty. The contractor shall perform the work in accordance with the terms, conditions and specification contained in the tender document The contractor shall execute the work in the best and most substantial workman like manner during the period of contract. The contractor shall not employ any unfit person / incapable / not properly qualified to perform the work assigned to him properly. SUB- CONTRACTS: The Contractor shall not assign sub-contract or subject the whole or any part of the work covered by the contract or any benefit thereof to any other person or persons The assignment or sub-contracting of any such work, if permitted shall not relieve the contractor of any of his liabilities and responsibilities in concern with the work covered by the contract The contractor

10 shall be and remain primarily and principally liable to the Bank of Baroda in terms thereof and for the due fulfilment of the contracted works, any assignee or sub-contractor being regarded merely as the agency of the contractor. 12. PARTNERSHIP FIRMS: Where the contractor is a partnership firm, the previous approval in writing shall be obtained before any change is made in the constitution of the firm or transferring the business to another person or company In the event of the contractor, with such consent aforesaid, transferring the business during the period of this contract, the contractor shall make it one of the terms and stipulations of the contract for the transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagements of the contractor under this contract and be subject to his liabilities there under. 13. LABOUR WELFARE AND FARE WAGES: The contractor shall comply with the provisions of the Payment of Wage Act 1936, Minimum Wages Act 1948, Employees Liability Act 1938, Workmen s Compensation Act 1923, Industrial Disputes Act 1947, Maternity Benefits Act 1964 and the Contractor s Labour (Regulation and Abolition) Act 1970 or the modifications thereof or any other laws relating thereto and the rules made there under from time to time. The regulation aforesaid shall be a part of this contract and any breach thereof shall be deemed to be a breach of this contract. Tenders not conforming to the above requirement are liable to be rejected The Contractor has to ensure that the caretakers are getting the minimum wages prescribed by Central / State Governments, as the case be. Payment to the caretakers is to be credited directly in their Bank Accounts by the Contractor and a monthly statement to be provided to the bank The Bank shall have the right to deduct from the money due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker or workers employed directly or indirectly by the contractor for the work, by reasons of non-fulfilment of various Labour Welfare Acts and Labour Regulations which are in force in the Union of India from time to time, non-payment of wages or of deductions made from his or their wages which are not justified. The contractor shall indemnify Bank of Baroda against payments to be made under for the observance of the laws cited in the aforesaid clause, contained in this Section of the Tender document The Contractor shall fulfil / comply with the provisions of EPF & Misc. Provisions Act 1952 & Employees Provident Fund Scheme 1952 in respect of employees engaged by him for performing the work of Bank of Baroda Details of amount of EPF contributions (both employers and employees contribution) for the duration of engagement in question, paid to the EPF Authorities Copies of authenticated documents of payments of such contribution to EPF Authorities relating to previous month and, A declaration from the contractors regarding compliance of the conditions of EPF Act As per this Agreement, Bank of Baroda shall not be responsible for any of the claims or liabilities of any of the workers or employees who may be engaged by the Contractor for conducting the caretaker services as per this tender Bank of Baroda will not be responsible for any of the liabilities, claims or protection covered under any of the provisions contained in the law of land in respect of labour & employees who may be engaged in House Keeping Services, including the Contractor Increase of minimum wages: If there is an increase in minimum wages, an extra payment will be given to the contractor so that the contractor will be able to maintain the minimum wages to the workers. 14. WORKMEN S COMPENSATION: 14.1 In every case in which by virtue of the provisions of the Workmen s Compensation Act 1923, Bank of Baroda is obliged to pay compensation to a workman, employed directly or indirectly by the Contractor for executing the work. Bank of Baroda will recover the amount of the compensation so paid from the Contractor, and without prejudice to the rights of the Bank of Baroda under the said Act. Bank of Baroda shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due by Bank of Baroda to the Contractor whether under this contract or otherwise. Bank of Baroda shall not, normally, implicate itself in such cases, made against it under the said Act. However, to up-hold the interest of Bank of Baroda, if it is required to do so, the Contractor shall provide to Bank of Baroda full security for all costs for which Bank of Baroda might become liable in consequence of contesting such claim.

11 15.1 The workers & employees including the contractor are not at all entitled to get any of the benefits, claims or liabilities including civil, criminal, tortuous liabilities contained in the various provisions of the law of land from Bank of Baroda The Contractor alone is fully responsible for whatever damages, losses etc that may be incurred in conducting the services. Bank of Baroda shall be indemnified against any such claims for damages and losses by the contractor Bank of Baroda can suggest the Contractor for taking Insurance cover for the liabilities, losses and / or damages etc for the articles and persons for his own protection. However, this suggestion of Bank of Baroda must not be construed as taking any responsibility on the same and hence Bank of Baroda will not be in the party array. The responsibility of taking insurance cover for such liabilities, losses and / or damages for the articles and persons will solely rest with the contractor and Bank of Baroda has no stake in it. The Insurance cover, however, will be restricted to the employees, and the materials of the Contractor and not for the assets of Bank of Baroda or Bank of Baroda personnel In the event of there being any loss or damages caused to Bank of Baroda or Bank of Baroda personnel during the tenure of the Contract period, the Contractor is liable to compensate for such losses or damages to Bank of Baroda. 16. TAXES AND DUTIES: Contractor shall pay all levies, fees, royalties, taxes and duties payable under the provisions of Statute, Rules or Regulations of the Central / State Government or Local Bodies arising out of the Contract or by virtue of the Contract or incidental to the Contract in respect of the works or operation(s) or any part thereof to be performed by the Contractor. The Contractor shall allow the Bank of Baroda to recover such taxes and duties from his bills payable and indemnify and keep indemnified the Bank of Baroda from and against the same or any default by the Contractor in the payment thereof. 17. PAYMENT OF BILLS The contractor shall submit monthly bill to the Respective Regional Office and receive the payment from the Regional Office after deducting the taxes, surcharge, levies etc if any applicable All taxes, duties and levies payable under the provisions of Statute, Rules or Regulations of the Central / State Government or Local Bodies arising out of the Contract in respect of the works or operation or any part thereof to be performed by the Contractor, as applicable of the amount for which the bill has been passed will be deducted at source, under relevant Government Rules from time to time The compensation for interruption of service rendered by the Contractor will be deducted from the bills submitted for payment. The Security Deposit shall be considered for adjustment against compensation / other sum due, only at the time of final settlement of bills. 18. TERMINATION, OTHER THAN DUE TO THE DEFAULT OF CONTRACTOR: 18.1.The contract will be terminated at any time by written notice stating reasons for such cancellation or termination to the Contractor, in which event the Contractor shall be entitled to payment for the work done up to the time of such cancellation. In all such cases, the written notice shall be served to the Contractor at least four weeks in advance from the probable date of cancellation / termination If the Bank of Baroda shall not require the whole work or part thereof to be carried out as specified in the Tender Document at any time, after the commencement of the work, the contractor shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived from the execution of work in full, but which he did not derive in consequence of the full amount of the work not having been carried out. 19. DEMISE OF THE CONTRACTOR BEFORE FULFILLING THE CONTRACT: 19.1.Without prejudice to any of the rights or remedies under this contract, if the Contractor expires, the contract will be terminated without forfeiting the Security Deposit to the Bank of Baroda or any compensation to the Contractor, which does not amount to Breach of the contract. Any amount payable to the Bank of Baroda under this contract shall be recoverable from any payment due to him or from the Security Deposit Contractor s legal heirs / representatives shall not without the consent in writing of the General Manager, Bank of Baroda, Western U. P. & Uttarakhand Zone, Bareilly have the right to continue to perform the duties or engagements of the Contractor or under the contract, in case of his death. In all

12 cases, proof of death and other relevant documents to this effect shall be submitted to the General Manager, Bank of Baroda, Western U. P. & Uttarakhand Zone, Bareilly in writing. 20. PENALTY FOR BREACH OF CONTRACT: When the Contractor has made himself liable for action under any of the aforesaid reasons, the General Manager, Bank of Baroda, Western U. P. & Uttarakhand Zone, Bareilly in for and on behalf of the Bank of Baroda shall have powers. (a) To terminate or rescind the contract as aforesaid after proper notices (of which termination or rescission order in writing to the Contractor by the Bank of Baroda shall be conclusive evidence). Upon such determination or rescission the Security Deposit remitted by or recovered from the Contractor under the contract shall be forfeited and shall be absolutely at the disposal of Bank of Baroda.

13 20.2. In any case in which any of the powers conferred upon the Officer in-charge by the above clauses, shall have become exercisable and the same shall not be exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions thereof and such powers shall not withstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected The Contractor whose work has been terminated or rescinded due to breach of contract and carried out through another Contractor shall not have any right to initiate any legal proceedings to stall the work In the event of any one or more of the courses of action, that may be adopted by the Officer-incharge, in accordance with the aforesaid clauses contained in this Section of the Tender document, the Contractor shall have no claim for compensation towards any loss sustained by him by reason of having purchased or procured any materials or entered into any engagements or made any advances on account of the execution of the work or the performance of contract. 21. ARBITRATION: In the event of any question, dispute or difference arising under this Tender or in any connection there-with except as to matter the decision of which is specifically provided under this Tender, the same shall be referred to the sole arbitration of General Manager, Bank of Baroda, Western U. P. & Uttarakhand Zone, Bareilly in or some other person appointed by the General Manager, Bank of Baroda, Western U. P. & Uttarakhand Zone, Bareilly There will be no objection to any such appointment that the Arbitrator is Government servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as Government servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties. In the event of such arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, whatsoever, General Manager, Bank of Baroda, Western U. P. & Uttarakhand Zone, Bareilly in shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award. Subject to the aforesaid Indian Arbitration Act 1940 and the Rules made thereunder, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. The venue of the arbitration proceeding shall be the Office of the General Manager, Bank of Baroda, Western U. P. & Uttarakhand Zone, Bareilly in or such other places as the arbitrator may decide. 22. The tenderer has to sign in all pages of Tender documents as a token of having read, understood and accepted all the terms and conditions of the Contract / Tender and he has to submit the entire tender document while bidding, otherwise the bids will be liable to be rejected. 23. Addendum/Corrigendum: Any addendum shall be issued on the Bank s website only and the bidder has to refer the same before final submission of the tender. O/o The General Manager, Bank of Baroda Zonal Office, Western U.P. & uttrakhand Zone, 1 st Floor, 129-D Civil Lines Bareilly PIN Signature of the Tenderer with Seal

14 Annexure 1 TECHNICAL BID (Cover - 1) Mandatory information required from the bidder (To be furnished on the letter head of the bidder) Important: 1. Please type or handwrite in capital letters. 2. Attach copies of the supporting documents. 3. Please use addition sheets if required. 1 a) Name of the applicant / organization b) Address of the Registered Office c) Address of office at (with Phone Nos, Fax Nos & ID & Contact Person) 2 Year of establishment 3 Type of the organization (Whether sole proprietorship, Partnership, Private Ltd. or Ltd. Co. etc.) (Enclose certified copies of documents as evidence) 4 Name & qualification of the Proprietor / Partners / Directors of the Organization / Firm a) b)

15 c) Enclose certified copies of document as evidence 5 Details of registration Whether Partnership firm, Company, etc. Name of Registering Authority, Date and Registration number. Enclose certified copies of document as evidence 6 Whether registered with Government / Semi Government / Municipal Authorities of any other Public Organization and if so, in which class and since when? (Enclose certified copies of document as evidence) 7 8 No. of years of experience in the field and details of work in any other field. [a] Yearly turnover of the organization during last 3 years (year wise) (Avg. Progressive turnover of last 3 years should not be less than 80 Lacs) and furnish audited balance sheet and Profit & Loss A/c (Audited) for the last 3- years as on 31 st March, 2015 [b] Average turnover in Enclose copy of latest income tax clearance certificate. 10 PAN No. 11 Service Tax Registration No. 12 Empanelment with other Companies/PSUs 13 Furnish the names of 3 responsible persons along with their designation, address, Tel. No. etc., for whose organization, you have completed the above mentioned jobs and who will be in a position to certify about the performance of your organization

16 14 Whether any Civil Suit / litigation arisen in contracts executed / being executed during the last 10 years. If yes, please furnish the name of the project, employer, Nature of work, Contract value, work order and brief details of litigation. Attach separate sheet if required Give name of court, place, and status of pending litigation. Information relating to whether any litigation is pending before any Arbitrator for adjudication of any litigation or else any litigation was disposed off during the last ten years by an arbitrator. If so, the details of such litigation are required to be submitted. Have you been ever disqualified or levied penalty by the bank in past for non fulfilment of the contractual obligations. If yes, please provide details. 17 Have you in past carried out any works for Bank of Baroda or its subsidiaries? If yes, give details. NOTE: Attach extra sheets with Serial No if the space found is less.

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