Food Safety and Drugs Administration

1 Food Safety and Drugs Administration Government Public Analyst Laboratory Sector-C, Aliganj, Lucknow UP Tel. & Fax- 0522-2321552 Website: http://www.fda.up.nic.in E-mail: fdalab.lko@gmail.com Tender Specification No. FSDA/ Lab. Accreditation/2015-16/4378 Dated: 21/08/2015 FOR Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi for chemical & biological scope LAST DATE OF RECEIPT OF TENDER: 15-09-2015 AT 02:00 PM NOT TRANSFERABLE

2 CONTENTS SECTION DESCRIPTION PAGE NO. TENDER NOTICE 4 SECTION-I INVITATION FOR BIDS (IFB) 6 SECTION-II QUALIFYING REQUIREMENTS 7 SECTION-III SCOPE OF WORKS 9 SECTION-IV INSTRUCTION TO BIDDERS (ITB) 11 SECTION-V GENERAL TERMS AND CONDITIONS OF CONTRACT (GTCC) 20 SECTION-VI LIST OF ANNEXURES FOR TECHNICAL SPCIFICATION --- REQUIREMENT OF CUSTOMER MANAGEMENT CENTER & SCHEDULES, FORMATS ETC. : ANEXURE-I ABSTRACT OF GENERAL TERMS & 26 CONDITIONS OF CONTRACTS ANEXURE-II FORMAT FOR INFORMATION TO BE 27 SUBMITTED BY THE BIDDER ANNEXURE-III PRICE SCHEDULE FORMAT 29 ANNEXURE-IV(A) TECHNICAL DEVIATION SHEET 30 ANNEXURE- IV(B) COMMERCIAL DEVIATION SHEET 31 ANNEXURE- V SELF DECLARATION FORM 32 ANNEXURE- VI PROJECT EXPERIENCE 33

3 Food Safety and Drugs Administration Government Public Analyst Laboratory Sector-C, Aliganj, Lucknow UP Tel. & Fax- 0522-2321552 Website: http://www.fda.up.nic.in E-mail: fdalab.lko@gmail.com Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi for chemical & biological scope Bid Reference : FSDA/ Lab. Accreditation/2015-16 Dated: /08/2015 Date of Commencement of sale of bidding document: 24-08-2015 Last Date for sale of bidding Document : 14-09-2015 Last date and time for receipt of BIDS : 15-09-2015 at 2.00 PM Time and date of opening of BIDS : 15-09-2015 at 3.00 PM Place of Opening of BIDS : Govt. Public Analyst Laboratory Sector C, Aliganj, Lucknow-226024 U.P. Address for Communication : Govt. Public Analyst Laboratory Sector C, Aliganj, Lucknow-226024 U.P.

4 Food Safety and Drugs Administration Government Public Analyst Laboratory Sector-C, Aliganj, Lucknow UP Tel. & Fax- 0522-2321552 Website: http://www.fda.up.nic.in E-mail: fdalab.lko@gmail.com TENDER NOTICE Tender Notice No: FSDA/ Lab./NABL Accreditation/2015-16/4378 Dated: 21/08/2015 For and on behalf of the FSDA, the undersigned invites sealed tenders in duplicate on two part bidding system from the eligible bidders, who comply to the terms and conditions for the following works super scribing the Tender Specification No., Name of the work & date of opening (as mentioned in the specifications). The tender papers can be obtained from the undersigned at the above address on payment of the cost of Tender Paper indicated below in D.D drawn on any Scheduled Bank in favour of the Commissioner, Food Safety and Drug Administration, U.P. payable at Lucknow. The cost of tender paper is non-refundable. NAME & LOCATION OF LABORATORIES: Sr. Name of Laboratory No. 1. Regional Government Public Analyst Laboratory, Varanasi. 2. Regional Government Public Analyst Laboratory, Gorakhpur 3. Regional Government Public Analyst Laboratory, Meerut. 4. Regional Government Public Analyst Laboratory, Jhansi. Location Govt. Hospital Campus Shivpur Varansi 221003 U.P. B.R.D. Medical College Campus Near A.N.M. Training centre Gorakhpur 273013 U.P. Lala Lajpat Rai Medical College Meerut 250001 U.P. M.L.B. Medical College Campus Jhansi 284128 U.P. TIME SECHDULES: Sr. No. Description of Events Detail 1. Cast of Tender Rs. 1000.00 2. Earnest Money Deposit (EMD) Rs. 5000.00 3. Date of Commencement of sale of bidding 24-08-2015 docu. 4. Last Date for sale of bidding Document 14-09-2015 5. Last date and time for receipt of BIDS 15-09-2015 at 2.00 PM 6. Time and date of opening of BIDS 15-09-2015 at 3.00 PM 7. Place of Opening of BIDS Government Public Analyst Laboratory Sector-C, Aliganj, Lucknow UP

The intending bidders can also download the tender document from our website fdaup.gov.in. However the bidder has to furnish an Account Payee Bank Draft drawn on any Scheduled Bank in favour of the Commissioner, Food safety and drug Administration,U.P. payable at Lucknow for the cost of the bid documents indicated above, along with his bid failing of which the bid will be rejected outright. In the event of any specified date for the sale, submission or opening of bids being declared a holiday for FSDA, U.P., the bids will be sold / received / opened up at the appointed time on the next working day. Commissioner, Food safety and drug Administration, U.P also reserves the right to accept or reject any or all tenders without assigning any reason thereof, if the situation so warrants. Request for tender B. document through postal will not be entertained. For detail Tender Specification & Terms and Conditions, please visit our website www. Fdaup.gov.in 5 Commissioner

6 SECTION-I INVITATION FOR BIDS (IFB) Sealed Tenders will be received till 02:00 PM on 15.09.2015 by the Commissioner, Food safety and drug Administration, U.P. for Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi. 1. Interested eligible bidders may obtained further information from the office of Joint Commissioner, Govt. Public Analyst Laboratory, Sector-C, Aliganj, Lucknow, UP, India. Tel. & Fax 0522-2321552 2. A complete set of bidding documents may be purchased by any interested eligilble bidder on submission of written application to the above office and upon payment of a non-refundable fee as indicated below in the form of a Demand Draft/Bankers Cheque in favour of Commissioner, Food safety and drug Administration, U.P. Payable at Lucknow. 3. The bid document may be obtained from the office of Joint Commissioner, Govt. Public Analyst Laboratory, Sector-C, Aliganj, Lucknow-226024, during office hours i.e. from 11:00 AM hours to 03:00 PM hours on all working days either in [person or the tender document can be downloaded from web site: www.fda.up.nic.in (a) Prices of bidding documents (Non refundable) : Rs. 1000/- (b) Date of Commencement of sale of bidding document : 24-08-2015 (c) Last Date for sale of bidding Document : 14-09-2015 (d) Last date and time for receipt of BIDS : 15-09-2015 at 2.00 PM (e) Time and date of opening of Technical BIDS : 15-09-2015 at 3.00 PM (f) Place of Opening of BIDS : Govt. Public Analyst Laboratory Sector C, Aliganj, Lucknow-226024 U.P. (g) Address for Communication : Govt. Public Analyst Laboratory Sector C, Aliganj, Lucknow-226024 U.P. 4. The bidders, who have downloaded the bid documents, shall be solely responsible for any addendum/amendment issued subsequently to the bid document and take into consideration the same while preparing and submitting the bids. 5. All bids must be accompanied by a bid security as specified in the bid document and must be delivered to the above office on the date and time indicated above. 6. Bids will be opened in the presence of Bidders representative who choose to attend on the specified date and time.

7 SECTION-II QUALIFYING REQUIREMENTS The bidder must possess the requisite experience, strength and capabilities in providing the services necessary to meet the requirements, as described in the tender document. The bids must be complete in all respect and should cover the entire scope of work as stipulated in the tender document. The invitation for bids (IFB) is open to all bidders who meet the qualifying requirements as given below: (Please note that Bidders should submit all relevant documents duly self-attested confirming their qualification as per the Qualifying Requirements mentioned in this section as part of Technical Bid). 1. Technical Bid Requirements: Sr. Particulars Requirements 1.1 The Bidder must have arranged NABL Accreditation to at least five food testing laboratories through their consultancy. (i) Work order(s) indicating the work experience, period & area of activity. (ii) Submit information on project experience format at Annexure- VI (iii) User(s) Performance Certificate. 1.2 The bidder must attach copy of service Tax Copy of latest Valid Certificate Registration Number 1.3 Bidder must be in possession of valid registration Copy of latest Valid Certificate under Income Tax, PAN, Service Tax etc. 1.4 The bidder must not be banned or debarred or blacklisted by any State Govt. / Central Govt. / Central or State Govt. Undertakings / Utilities / Private Organizations etc. in the past five years. 1.5 The Bid is to be duly signed & sealed and submitted by an Individual firm (Single Party) only, meeting all the qualifying requirements. (Participation through Joint Venture/Consortium is NOT allowed) Self-declaration certificate to be submitted in format at Annexure-V The bidder has to submit following documents with the tender. (i) Constitution or legal status and place of registration etc. (ii) Certificate of Incorporation (iii) Memorandum and Articles of Association. (iv) Written powder of attorney/ Board Resolution of the authorized signatory to the bid.

8 1.6 The average annual turnover of the bidder should not be less than Rs. 05 Lakh (Rupees Five Lakhs Only) only during last two (02) financial years. i.e. FY 2012-13, 2013-14 Bidders shall submit audited financial reports for the last Two financial years. i.e. FY 2012-13, 2013-14 Address of Local Office in U.P. (if any) may be furnished. FSDA,U.P. reserves the right to request for any additional information and also reserves the right to reject or accept the bid of any/ all bidders, if in the opinion of FSDA,U.P. the qualifying data is incomplete or the bidder(s) is/are not found qualified to fulfil the requirements. No communication in this regards shall be entertained in future by FSDA,U.P. The bidders who have earlier failed to execute the work order(s) of the FSDA,U.P. and / or black listed by FSDA,U.P./any of State Govt. / Central Govt. / Central or State Govt. Undertakings / Utilities / Private Organizations etc. shall not be eligible to participate in this tender. FSDA,U.P. reserves the right to waive minor deviation, if they do not materially affect the capacity of the bidder to perform the contract. The bid is liable for rejection, in case any bidder submits fraudulent documents and/or wrong information in his bid document.

9 SECTION III SCOPE OF WORK CONSULTANCY (Technical and Management) for obtaining NABL accreditation to Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi. within a period of twelve Months which includes Pre assessment, Formal & informal technical guidance, Training, Preparation of all Manuals, Standard Operating Procedures (SOP's) and documents required for Accreditation as per NABL requirements, read with ISO/IEC 17025/2005, Internal Audits, assisting at the time of NABL Audit. Scope of work:- a) Pre assessment of the present testing system and make a detailed evaluation and identifying the pre requirements for NABL accreditation. This includes developing recommendations delineated in the sections on deliverables with view to achieve the objectives set out for the assignment. b) Providing laboratory management training in 3 sessions in line with NABL requirements. c) Preparing manuals, documents, registers etc inline with NABL requirements. Providing guidance for lab layouts placement of equipments, environments etc. d) Developing work instructions, specifications, guidelines, quality plans and charts and forms. e) Preparing reports, registers etc at the monitoring area. f) Preparations of NABL applications and annexure. g) Perform internal audits as per ISO/IEC 17025 NABL and other technical standards. h) Identification of corrective and preventive actions. i) Provide support for collecting required data & information for MRM specific to ISO/IEC 17025 standard. j) Correction of documents as recommended in the adequacy audit report. k) Applicable measurement uncertainty values if required for all parameters as per scope. l) Assisting during NABL audits. Site Visit for initial survey:- a) Introduction on general accreditation requirements. b) Training on accreditation process c) Overall assessment of present status of the laboratory in terms of equipments and quality systems. Quality manual:- a) Training on all clauses of ISO/IEC 17025 applicable to testing laboratory. b) Training on other relevant NABL documents. Documentation:- a) Preparation of quality system documents like laboratory procedures, Operating Procedures, Formats etc. b) Preparation of quality manual.

10 Deliverables with Time Frame (Since FSDA,U.P.wishes NABL Accreditation at the earliest possible, the bidder should specify the minimum time required for seeking NABL Accreditation) Sr. Deliverables Time Frame (In Weeks) to be mentioned by bidder 1. Site visit & pre-assessment of existing systems. 2. Recommendation on replacement/modification of existing testing infrastructures if any. 3. Awareness program 4. Training Lab Personnel 5. Preparation of quality manual & Procedure manual & Other documents/formats 6. Review of document 7. Internal audit 8. Application for NABL Accreditation 9. External auditing by NABL 10. Removal of non-compliances 11. Award of NABL Accreditation certificate 12. Any other activity, if required Signature of bidder with seal

11 1. GENERAL: SECTION IV INSTRUCTION TO BIDDERS 1.1 The bidders are requested to furnish the offer in one technical and one financial bid separately, and to ensure that tender is stamped & signed by the authorised signatory of the bidder. 1.2 The bidders are requested to ensure that all required schedule/ format/ annexure/declaration etc. should be duly filled-in and are submitted with the bid document. The bidders should also note that in absence of any of the required documents, their offer shall be rejected out rightly. 1.3 This Tender Document is Not-Transferable from one bidder to any other bidder. 1.4 Before submitting the tender, the bidder should have full knowledge of the requirement and have satisfied himself by actual inspection of site and locality of work. It must be ensured that all conditions that are likely to be encountered during the execution of work have been taken into consideration by the bidder and the quoted rates are adequate to meet all the contractual obligations under this contract. 1.5 The submission of a tender by the bidder implies that he has read and accepted the instructions, conditions of the contract and made himself aware of the scope and specifications of the work to be done, and all other factors having a bearing on the execution of the works. 1.6 FSDA, U.P. will not, after acceptance of contract rate, pay any extra charges for any reason whatsoever, in case the bidder is found later to have misjudged any requirement & condition(s). 1.7 Tenders will be opened as per the schedule provided in the tender notice and in the presence of Bidders for their authorised representatives. Bid shall be submitted by the bidder within the prescribed due date and time, and delayed submission for whatsoever reasons, will not accepted. FSDA, U.P. shall not assume any responsibility for any delays either by bidders or late receipt of bids by FSDA, U.P.. No extension in time shall be granted on such grounds. 1.8 In case of any ambiguous or self-contradictory terms/conditions mentioned in the bid, interpretation as may be advantageous to FSDA, U.P. will be taken without any reference to the tenders. 1.9 One bidder can submit only one bid for the same work. 1.10 The bid shall be written/ printed legibly, free from any erasure/overwriting /conversions of figures. Any corrections, where unavoidable, shall be made by crossing it out, duly signed with date by the authorised signatory of the bidder. The tenders found with erasure/overwriting /conversions of figures etc. are likely to be rejected outrightly. 1.11 Bid(s) which do not fulfil any / all of the above conditions are incomplete in any respect are liable to be rejected. FSDA, U.P. reserves the right to reject any or all the tenders without assigning any reason thereof. 1.12 FSDA, U.P. reserves the right to disqualify the Consultant who will not meet the contractual obligations against the contract, entered into with FSDA, U.P. FSDA, U.P. also reserves the right to blacklist the Consultant. 1.13 Upon the written directions of the Commissioner, FSDA, U.P., the Consultant shall immediately remove from the work any staff(s) deployed thereon, who may in the opinion of the Commissioner FDA UP be incompetent or responsible for misconduct. Such persons shall not be employed again on the works without the written permission of the Officer-in-charge, or such other officer so

12 authorized for such purpose. 1.14 In case it is found that any theft or damage has occurred to the property or premises of the FSDA, U.P. due to negligence of personnel in performing his/ her duty and /or absence from the place of duty and/or not providing substitute by the Consultant or any other reason, the cost of all such losses or damages as assessed by FSDA, U.P. / Competent authority shall be recovered from the Consultant s monthly bill or from his security deposit. 2. REQUIREMENTS : CONSULTANCY (Technical and Management) for obtaining NABL accreditation to Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi. Within a period of Twelve Months which includes Pre assessment, Formal & informal technical guidance, Training, Preparation of all Manuals, Standard Operating Procedures (SOP's) and documents required for Accreditation as per NABL requirements, read with ISO/IEC:17025/2005, Internal Audits, assisting at the time of NABL Audit. 3. SITE VISIT. The bidders are strongly advised to assess the site conditions and submit a realistic offer for the execution of the work at their own risk without any further liability on FSDA, U.P. 4. DISCLAIMER: 4.1 This document includes statements, which reflect various assumptions, which may or may not be accurate. Each bidder should conduct their own estimation and analysis and should check the accuracy, reliability and completeness of the information in this document and obtain independent advice from appropriate sources in their own interest before submission of bid. 4.2 Neither FSDA, U.P. nor its employees will have any liability whatsoever to any bidder or any other person under the Law or Contract, the principles of restitution or unjust enrichment or otherwise for any loss, expense or damage whatsoever which may arise from or be incurred or suffered in connection with anything contained in this document, any matter deemed to form part of this document, provision of services and any other information supplied by or on behalf of FSDA, U.P. or its employees, or otherwise arising in any way from the selection process for the supply / provision of Services for the Project. 4.3 Though adequate care has been taken while issuing the Bid document, the Bidder should satisfy them self that documents are complete in all respects. Intimation of any discrepancy/ doubt (if any) should be sent to the FSDA, U.P. address for speedy response. 4.4 This document and the information contained herein are Strictly Confidential and are for use of only the person (s) to whom it is issued. It may not be copied or distributed by the recipient to any third parties. 5. COST OF BIDDING: The Bidder shall bear all costs associated with the preparation and submission of its Bid and FSDA, U.P. will in no case be responsible or liable for those costs. 6. BIDDING DOCUMENTS: The Scope of Work, Bidding Procedures and Contract Terms are described in the Bidding Documents. In addition to the covering Letter accompanying Bidding Documents, the Bidding documents include: (a) Invitation For Bids (IFB) - Section I (b) Qualifying Requirements - Section II

13 (c) Scope of work - Section III (d) Instruction to Bidders (ITB) - Section IV (e) General Terms and Conditions of Contract (GTCC) (g) List of Annexure - 7. AMENDMENT OF BIDDING DOCUMENTS: Section-V Section VI 7.1 At any time prior to the deadline for submission of Bids, FSDA, U.P. may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding Documents by way of issuing an addendum. 7.2 The Amendment / Addendum shall be part of the Bidding Documents, it will be binding on the Bidder(s). 7.3 In order to afford prospective Bidders reasonable time in which to take the Amendment into account in preparing their Bids, FSDA, U.P. may, at its discretion, extend the deadline for the submission of Bids. 8. LANGUAGE OF BID. The Bid prepared by the Bidder and all correspondences and documents relating to the Bid exchanged by the Bidder and FSDA, U.P.shall be written in English language, provided that any printed literature furnished by the Bidder may be written in another language so long as it is accompanied by an English translation of its pertinent passages in which case for purpose of interpretation of the Bid, the English translation shall be considered. The English translation shall have to be notarized certified to be the true copy by the bidder or the person who has translated the same. 9. DOCUMENTS COMPRISING THE BID: The bidders are strongly advised to examine all the instructions, requirements, forms, terms & conditions and specifications etc. in the bidding documents. Failure to furnish all / any of the information(s) required as per the bidding document or submission of a Bid which is Technically Non- Responsive, will be at the bidder s risk and shall result in rejection of their Bid(s). The bid prepared and submitted by the bidder shall comprise of two parts i.e. Part-I (Technical Bid) & Part-II (Financial Bid) as detailed below. Each Part along with all documents/schedules/formats/annexures/declaration etc. are to be submitted in sealed envelopes marked as Technical Bid & Financial Bid in a large envelope. (A) Part-I (Technical Bid) must contain the following documents :- (i) Bid document duly signed by the bidder along with all required documents/schedules / formats/ annexures/ declaration etc. duly filled in & signed by the authorized signatory of the bidder with seal in a separate envelope super scribed as Technical Bid. Bids containing information in formats other than the prescribed format shall not be acceptable and may make the bid nonresponsive. (ii) Requisite Bid Security (EMD) shall be submitted with Technical Bid failing which the bid may be treated as non-responsive. (iii) Requisite Cost of Tender Document i.e. Rs.1000/- in shape of Demand Draft from a Nationalized/Scheduled Bank issued in favour of Commissioner, Food safety and drug Administration, U.P. Payable at Lucknow. if the document is downloaded from FSDA, U.P. website OR the Original Copy of Money Receipt, if the document is purchased from the office.

14 (B) Part-II (Financial-Bid): must contain the following documents :- Price schedules (strictly as per prescribed format at Annexure-III) duly filled-in, signed & stamped by the authorized signatory of the bidder. Price schedules should be submitted in a double sealed envelope separately duly super scribed as Financial Bid. The envelope containing the Technical bid, EMD and Commercial Bid shall then be kept in an envelope which is duly sealed. The outer envelope shall clearly indicate the Bidder s name and address and with the following text in bold capital letters Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi foe chemical and biological scope Tender no Dtd 10. SUBMISSION OF BID & EARNEST MONEY DEPOSIT (EMD): 10.1 The Bidder shall complete and submit the Bid Document in single enclosing all documents in sealed envelopes. super scribing Tender Specification No., Date.. & Description of work. 10.2 The bidder shall submit E.M.D as a part of the bid in the prescribed manner for the amount mentioned. The Bids without EMD shall be rejected out rightly. 10.3 The E.M.D is required to protect FSDA, U.P. / it s representative against the risk of bidder s conduct, which would warrant the security s (EMD) forfeiture. 10.4 The E.M.D shall be in the following form: A/C Payee Demand Draft in favour of Commissioner Food Safety and Drug Administration, U.P. issued by a Nationalized / Scheduled Bank payable at Lucknow only. 10.5 Unsuccessful bidder s E.M.D shall be refunded back as promptly as possible, but not later than thirty (30) days after the expiry of the period of bid validity. The successful bidder s E.M.D shall be discharged upon furnishing of the performance. 10.6 The E.M.D may be forfeited due to following reasons: 1) If the bidder withdraws bid during the period of bid validity specified by the bidder in the bid document 2) In case the successful bidder fails to give his acceptance / sign the contract in specified time and / or fails to submit the requisite performance Bank guarantee. 11. BID PRICES: 11.1 Bidders have to quote for the entire requirements/service covered under scope of work as per the enclosed format in Annexure III. The total Bid Price shall also cover all the Consultant s obligations mentioned in or reasonably to be inferred from the Bidding Documents in respect of operation and management of Customer Management Centre, all in accordance with the requirement of Tender Documents. The Bidder shall complete the appropriate Price Schedules enclosed herein at Annexure III. 11.2 The bidders are strongly advised to assess the requirement under the scope and should submit a realistic offer at their own risk without any further liability on FSDA, U.P.. 11.3 The Price offered shall be inclusive of all costs as well as duties, taxes and levies paid or payable during implementation of the contract (excl. service tax). If the Bidder is exempted from Excise duties, concession in the sales tax, levy of entry tax etc, the same should be clearly mentioned and should be supported with documentary evidence. 11.4 Prices quoted by the Bidder shall be FIRM and not subject to any price adjustment during the

15 contract period. A Bid submitted with variable price or an adjustable price shall be treated as nonresponsive and rejected out rightly. 11.5 In case there is any increase in the number of any services in the scope, the Contract Price may be increased in the same terms & conditions. 12. CONTRACT PRICE: 12.1 The Prices quoted for the Contract shall remain FIRM and FSDA, U.P. shall not compensate Consultant for any variations. However, any variation in the taxes & duties within the scheduled date of work order/ agreement shall be borne by FSDA, U.P., else the same shall be borne by the Consultant. 12.2 In case FSDA, U.P. revise the scope of works, Consultant shall be compensated based on the Unit Price Rate agreed upon before order placement or as per mutually acceptable rates. 13. BID CURRENCIES. The prices should be quoted in the currency of Indian Rupees only. 14. PERIOD OF VALIDITY OF BIDS: 14.1 Bids shall remain valid for Twelve Months from the date of opening of Price Bids. 14.2 Notwithstanding Clause 14.1 above, FSDA, U.P. may solicit the Bidder s consent to an extension of the period of Bid Validity. The request and the responses thereto shall be made in writing or Email or by Fax. 15. ALTERNATIVE BIDS: Bidders shall submit Bids complying with the Tender Documents. Alternative bids shall not be considered for evaluation. 16. FORMAT AND SIGNING OF BID: 16.1 The Bid Form and accompanying documents contacting technical bid and financial bid must be submitted in a large envelop marked as technical bid and financial bid. 16.2 The Bid shall be typed or written legibly and shall be signed by the Bidder or a person or persons duly authorized to sign on behalf of the Bidder. Such authorization shall be indicated by written Power-of-Attorney / Board Resolution accompanying the Bid. 16.3 The bid shall be written/ printed legibly, free from any erasure/overwriting /conversions of figures. Any corrections, where unavoidable, shall be made by crossing it out, duly signed with date by the authorised signatory of the bidder. The tenders found with erasure/overwriting /conversions of figures etc. are likely to be rejected out rightly. 17. SEALING AND MARKING OF BIDS: 17.1 Technical Bid Envelope: Shall contain the copy of Bid Document duly signed and seal, Bid EMD, Cost of Tender Document, all supporting documents for qualifying requirement along with duly filled in formats / annexures / declaration/ schedules etc. given at Section- IV(A). 17.2 Financial Bid Envelope: Shall contain the Price schedule duly filled in & signed & Sealed as per the format at Annexure III under Section-IV(B). 17.3 The outer large envelopes shall contains the following address: a) To be addressed to the FSDA, U.P. at the following address :- Joint Commissioner, Govt. Public Analyst Laboratory, Sector-C, Aliganj, Lucknow-226024 U.P., Bear the work name in bold capital letters as: Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut &

16 Jhansi. For chemical and biological scope. Tender no dtd 17.4 The Bidders have the option of sending the Bids by Post/ Courier services or in person. Bids submitted by Telex/Telegram/Fax/Email will not be accepted. No request from any Bidder to FSDA, U.P. to collect the proposals from Airlines/ Cargo Agents etc. shall be entertained by FSDA, U.P.. 18. DEADLINE FOR SUBMISSION OF BIDS: 18.1 The Bid, must be received by FSDA, U.P. at the address and date & time mentioned in the invitation for bids. 18.2 FSDA, U.P. may, at its discretion, extend the dead line for the submission of Bids by amending the Bidding Documents, in which case all rights and obligations of FSDA, U.P. and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended. 19. LATE BIDS Any Bid received by the FSDA, U.P. after the deadline for submission of Bids prescribed by FSDA, U.P., will be declared Late and rejected outright and returned unopened to the Bidder if tender document is purchased from FSDA, U.P. counter. If the bid is downloaded then the firm has to submit the tender cost for return of the same. 20. MODIFICATION AND WITHDRAWAL OF BIDS: 20.1 The Bidder may modify or withdraw his Bid after the Bid s submission, provided that written request for the modification or withdrawal is received by the FSDA, U.P. prior to the deadline mentioned for submission of Bids. 20.2 The Bidder s modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions of Clause 18 & 19. A withdrawal notice may be sent by Fax/Email but must be followed by an original signed confirmation copy. 20.3 No Bid can be withdrawn in the interval between the deadline for submission of Bids and the expiry of the period of Bid validity. 21. EVALUATION OF BID: 21.1 PROCESS TO BE CONFIDENTIAL: Information relating to the examination, clarification, evaluation and comparison of Bids and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process. Any effort by a Bidder to influence the FSDA, U.P. s processing of Bids or award decisions may result in the rejection of the Bidder s Bid. 22. CLARIFICATION OF BIDS: To assist in the examination, evaluation and comparison of Bids, FSDA, U.P. may, at its discretion, ask the Bidder for a clarification of its Bid. All responses to requests for clarification shall be in writing and no change in the price or substance of the Bid shall be sought, offered or permitted. 23. EXAMINATION OF BIDS / RESPONSIVENESS: 23.1 FSDA, U.P. will examine the Bids to determine whether they are complete, whether any computational error have been made, whether required EMD have been furnished, whether all

17 the documents have been submitted & properly signed on each page and whether the Bids are in order. 23.2 Arithmetical errors will be rectified on the following basis. 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 shall prevail and the total price will be corrected. If there is a discrepancy between the Total Amount and the sum of the total price, the sum of the total price shall prevail and the Total Amount will be corrected. 23.3 FSDA, U.P. will determine the substantial responsiveness of each Bid to the Bidding Documents including capability to execute the work as per the scope. Substantially responsive bid is one, which conforms to all the terms and conditions of the Bidding Documents without any material deviation. 23.4 A Bid determined as not substantially responsive will be rejected by the FSDA, U.P. and will not subsequently allowed to be made responsive by the Bidder by correction of the non conformity. 24. EVALUATION AND COMPARISON OF BIDS: The bids shall be evaluated in the following procedures as noted below: 24.1 Evaluation: The Bidder s responses shall be reviewed for compliance with the Qualification Requirements as per Section-II, Submission of required documents as per Section- VI. The Bidder(s) who fails to comply with any of the above, shall be termed as non-responsive and their bid(s) shall not be evaluated further. Project Experience: The bidder is required to submit details of projects with relevant work involved with certification on client s letter head as proof of the scope of work, value and completion. The documentary proof of all projects needs to be furnished. 24.2 Price Bid Evaluation: Price Bid will be opened for the technically responsive bidders only. Price Bid should be unconditional, failing which the bid shall be summarily rejected. Date and time of opening of Price bid shall be intimated later on to the responsive bidders only. The bidder would submit the quote of bid as per the format Annexure-III given in the bid document. The evaluation committee will determine if the price proposals are complete, unconditional and without any correction / overwriting. 24.3 FSDA, U.P. reserves the right to accept or reject any of the proposal without assigning any reason thereof, if the situation so warrants. 24.4 The FSDA, U.P. s evaluation of a Bid will take into account, in addition to the Bid price, the following factors, in the manner and to the extent indicated in this Clause: a. Deviations from Bidding Documents as mentioned in Deviation Sheet. b. Past performance and capability to execute the contract. c. Turn over 24.5 The purpose of this clause is only two provide the bidders and idea of the evaluation process that FSDA U.P. may adopt. However FSDA UP reserve the right to modify the evaluation process at any time during the tendering process without assigning any reason, what so ever, and without intimating the bidders on the same.

18 24.6 Bidders shall offer their Bid price basing on the terms and conditions specified in the Bidding Documents. The Cost of all quantifiable deviations and omission from the specification & requirements, terms and conditions specified in Bidding Documents may be evaluated. FSDA, U.P. will make his own assessment of the cost of any deviation for the purpose of ensuring fair comparison of Bids. 25. AWARD OF CONTRACT: FSDA, U.P. will award the Contract to the successful responsive Bidder who s Bid has been evaluated to be the lowest price proposal (L1). If more than one responsive bidder(s) are having the same L1 price, then in such event, FSDA, U.P. reserves all rights to award works to any one of the responsive bidder who has more execution experience. However, FSDA, U.P. may at its discretion add, modify and abandon any of the activities specified in the scope of work, accordingly award the work and reduce the value of the work order proportionately. 26. SERVICE LEVEL AGREEMENT The purpose of this Service Level Agreement (SLA) is to clearly define the levels of service which shall be provided by the Consultant to FSDA, U.P. during the contract period. The SLA is intended to establish a clear set of measurable parameters against which the performance of the Bidder can be measured. The Consultant and FSDA, U.P. shall maintain a monthly review to monitor the performance of the services being provided by the Consultant. 27. SERVICE LEVEL AGREEMENT PARAMETERS: As per section-iii, scope of work. 28. CONTACTING FSDA, U.P. 28.1 From the time of Bid opening to the time of contract award, if any Bidder wishes to contact FSDA, U.P. on any matter related to the Bid, he should do so in writing. 28.2 Any effort by a Bidder to influence FSDA, U.P. s decisions in respect of Bid evaluation, Bid comparison or Contract of Award, will result in the rejection of the Bidder s Bid. 29. THE FSDA, U.P. S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS OR TO RELAX ANY TERMS AND CONDITIONS: 29.1 The FSDA, U.P. reserves the right to accept or reject any Bid and to annul the Bidding process and reject all Bids at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the FSDA, U.P. s action. 29.2 In the interest of work, FSDA, U.P. reserves the right to relax any terms and conditions without affecting the quality & price of the Service requirement. 29.3 The FSDA, U.P. will award the Contract to the successful Bidder whose Bid has been determined to be the lowest evaluated responsive Bid, provided further that the Bidder has been determined to be Technically qualified to perform the Contract satisfactorily. 30. LETTER OF INTENT / NOTIFICATION OF AWARD: The letter of intent / Notification of Award shall be issued to the successful Bidder whose bid have

19 been considered responsive, Technically acceptable and evaluated to be the lowest price proposal(l1). The successful Bidder shall be required to furnish a letter of acceptance within 7 days of issue of the letter of intent / Notification of Award by FSDA, U.P. and to execute an agreement with FSDA, U.P. 31. CORRUPT OR FRAUDULENT PRACTICE: 31.1 FSDA, U.P. requires that the Bidders observe the highest standard of ethics during the execution of the contract. 31.2 In pursuance of this policy, FSDA, U.P. defines, for the purposes of this provision, the terms set forth below as follows: a. Corrupt practice means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves and/ or those close to them, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the contract execution; and b. Fraudulent practice means a misrepresentation of facts in order to influence a evaluation process or the execution of the contract detriment to FSDA, U.P., and includes collusive practice having illegal cartel (prior to or after Bid submission ) designed to establish Bid prices at artificial non-competitive levels and to deprive FSDA, U.P. of the benefits of free and open competition. 31.3 FSDA, U.P. will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practice in competing for the contract in question. 31.4 FSDA, U.P. will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded an contract if FSDA, U.P. at any time determines that the firm is engaged in corrupt or fraudulent practice in competing for, or in executing, the Contract. 31.5 Furthermore, Bidders shall be aware of the provision stated in the General Terms and Conditions of Contract. 32. SIGNING OF CONTRACT AGREEMENT: Within 15 days of issue of work order, the Consultant shall execute a contract agreement with FSDA, U.P. as per the Tender Conditions. In the event of non-execution of the contract agreement, FSDA, U.P. shall terminate the work order & forfeiture of EMD and may assign the work to other eligible bidder. 33. LITIGATION HISTORY: The Bidder should provide accurate information on any litigation or arbitration resulting on contracts completed or under execution by him over the last two (02) financial years. A consistent history of awards involving litigation against the Bidder may result in disqualification of Bid.

SECTION V GENERAL TERMS AND CONDITIONS OF CONTRACT (GTCC) 1. GENERAL INSTRUCTIONS: 20 1.01 All the Bids shall be prepared and submitted in accordance with these instructions. 1.02 Bidder shall bear all costs associated with the preparation and delivery of its Bid, and, FSDA, U.P. will in no case shall be responsible or liable for these costs. 1.03 The Bid should be submitted by the Bidder in whose name the bid document has been issued and under no circumstances it shall be transferred / sold to the other party. 1.04 FSDA, U.P. reserves the right to request for any additional information and also reserves the right to reject the proposal of any Bidder, if in the opinion of FSDA, U.P., the data in support of Tender requirement is incomplete. 1.05 The Bidder is expected to examine all instructions, forms, annexures, terms & conditions and specifications in the Bid Documents. Failure to furnish all information required in the Bid Documents or Submission of a Bid not substantially responsive to the Bid Documents in every respect may result in rejection of the Bid. However, the Bid Documents in every respect may result in rejection of the Bid. However, FSDA, U.P. s decision in regard to the responsiveness and rejection of bids shall be final and binding without any obligation, financial or otherwise, on FSDA, U.P.. 1.06 FSDA, U.P. reserves the right to make minor changes in scope at the time of placing order or during project execution 2 DEFINITIONS : 2.1 Bidder shall mean the firm who quotes against this bid document issued by FSDA, U.P.. 2.2 FSDA, U.P. shall mean the Owner/Purchaser on whose behalf this bid enquiry is issued by its authorized representative / officers. 2.3 Codes and Standards shall mean all the applicable codes and standards as per FSDA, U.P. 2.4 Contract shall mean the Detailed Work Order issued by FSDA, U.P.. 2.5 Contract Period shall mean the period during which the Contract shall be executed as agreed between the Consultant and FSDA, U.P. in the Contract inclusive of extended contract period for reasons beyond the control of the Consultant and / or FSDA, U.P. due to force majeure. 2.6 Consultant shall mean the successful Bidder whose bid has been accepted by FSDA, U.P. and shall include his heirs, legal representatives, successors and permitted assigns. 2.7 Letter of Intent shall mean the official notice issued by FSDA, U.P. notifying the Consultant that his proposal has been accepted and it shall include amendments thereto, if any, issued by FSDA, U.P.. The Letter of Intent issued by FSDA, U.P. shall be binding on the Consultant. The detailed Work Order shall be taken as effective from the date of successful commissioning of the entire establishment within the stipulated time period. 2.8 Month shall mean the calendar month and Day shall mean the calendar day. 2.9 Offer Sheet shall mean Bidder s FIRM offer submitted to FSDA, U.P. in accordance with the specification. 2.10 Project shall mean CONSULTANCY (Technical and Management) for obtaining NABL accreditation to Consultancy (Technical & Management) for obtaining NABL accreditation of Foods testing Laboratory at Gorakhpur, Varanasi, Meerut & Jhansi for chemical and biological scope. 2.11 Site shall mean the project location as defined by FSDA, U.P.. 2.12 Terms & Conditions shall mean collectively all the terms and stipulations contained in those

21 portions of this bid document known as Instruction to Bidder, Bid form and other forms as per General terms & Conditions of Contract, Technical Specifications Requirements and the Amendments, Revisions, Deletions or Additions, as may be made by FSDA, U.P. from time to time. 2.13 Works shall mean all services / works to be executed by the Consultant as per the scope of work. 8 DEFICIENCIES COMPLIANCE: Upon monthly completion of work under this contract, If any defects or shortcomings are detected by Officer in Charge, the Consultant has to make good the deficiencies in confirmation with this contract & satisfaction of the Officer in Charge 10 PRICE VALIDITY: All bids submitted shall remain valid, firm and subject to unconditional acceptance by FSDA, U.P. for twelve month from opening of the Price bids. For award of Contract, the prices shall remain valid and FIRM till contract completion, except Service Tax. 10 CONTRACT PERIOD: 10.1 The bidder shall render satisfactory operation of the services for the total contract period i.e. 01 years (12 months) from the date of issue of work order. In the event of any defect in the equipment/ Software/services arising during the service period / guarantee period, FSDA, U.P. shall reserves the right to levy penalty and deduct from the Consultant s monthly bills. 10.2 Time is the essence of the contract and the Consultant shall ensure that all the obligations under the contract are completed within the agreed and stipulated time schedule. The Consultant shall be solely responsible for all the delays including the delays caused by its vendors. In case of delay in progress of the works, FSDA, U.P. reserves the right to withhold the payment, cancel the contract unilaterally or complete the work departmentally or by engaging another agency at the cost and risk of the Consultant. 10.3 If during the defect liability (project compilation) period any services performed found to be defective, these shall be promptly rectified by Consultant at its own cost (Including the cost of dismantling and reinstallation) on the instruction of FSDA, U.P. 11 DEDUCTIONS : 11.1 Deduction of taxes at source shall be made from the bill of the Consultant in accordance with the prevailing Income Tax rules. 11.2 While performing under the contract, the damages caused by the Consultant or his sub- Consultant/ workmen/ property of FSDA, U.P. shall be promptly made good by the Consultant at his own cost. In case the Consultant fails to cover up the damage/lapses, FSDA, U.P. shall have the right to take steps to make good the damages and all the cost on this account shall be recovered from the bills of the Consultant or any money due to the Consultant from this arising out of this contract or any other contract or any other transaction with FSDA, U.P. or any of its unit. In determination of the damage, the opinion of the Officer-In-Charge (OIC) shall be conclusive. 11.3 Any dues arising out of failure on the part of the Consultant to carry out any obligation under the contract shall be deducted from the bills of the Consultant or from any money due to the

22 Consultant from this contract or any other contract or transaction made by the Consultant with FSDA, U.P.. 12 OFFICER IN CHARGE: The Officer-In-Charge (OIC) for this contract shall be officer in charge of Government Public Analyst Laboratory, Sector C, Aliganj, Lucknow, U.P. 13 TIME EXTENSIONS: The Consultant may request for extension of the time limits in case of :- a) Delay is caused by FSDA, U.P.. b) Force Majeure However, it is the discretion of FSDA, U.P. to extend the time limit. 14 TERMINATION FOR DEFAULT: 14.1 FSDA, U.P. may, without prejudice to avail any other remedy within existing law of India for breach of contract by the Consultant, by written notice of default sent to the Consultant, terminate the contract in whole or in part :- (i) (ii) If the Consultant fails to execute the work within the period as specified in the contract, or any extension granted by FSDA, U.P.; If the Consultant fails to perform its obligation under the contract and if the Consultant does not cure, after receipt of a notice of default, its failure within the time specified in the notice. The notice of default shall specify the nature of default as well as the time within which the default has to be cured by the Consultant. 14.2 In the event of FSDA, U.P. s termination of the contract in whole or in part, FSDA, U.P. may execute the remaining work or services undelivered by the Consultant, and the Consultant shall remain liable to FSDA, U.P. for any excess cost for such works or services etc. and risks, if any. 14.3 FSDA, U.P. will pay the Consultant, for all the services that are completed satisfactorily within Thirty (30) days after the Consultant s termination and pay the Consultant an agreed amount for partially completed services duly certified by the Officer In-Charge. The payment shall be made only after all the aforementioned services are accepted by FSDA, U.P. 14.4 In case of termination of contract for default by the Consultant, FSDA, U.P. may not permit the Consultant to participate in any of the future tender of FSDA, U.P.. 14.5 The contract may be terminated by either party by giving written notice to the other, at least Ninety (90) days in advance and neither party shall have any right of any claim on the other on account of such termination. 15 FORCE MAJEURE: 15.1 In the event of Consultant is delaying in performing its obligations in the contract, and such delay is caused by force major including war, civil resurrection, strikes (other than the strike solely by the Consultant s or his sub-consultant s men), fire, flood, epidemics, earthquakes, extremely adverse climatic conditions, such delay may be excused and the period of such delay may be added to the time of performance of the obligations without any addition to the contract price. 15.2 If a force majeure situation arises, the Consultant shall promptly notify FSDA, U.P. in writing of such condition and the cause thereof, but not later than 7 days from its occurrence. Unless otherwise directed by FSDA, U.P. in writing, the Consultant shall continue to perform