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CENTRAL WAREHOUSING CORPORATION (Govt. of India Undertaking) Corporate Office, New Delhi

OPEN TENDER NOTICE FOR APPOINTMENT OF CONSULTANT FOR RENDERING SERVICES FOR OBTAINING & MONETIZING DUTY CREDIT SCRIP BENEFIT UNDER SERVICE EXPORTS FROM INDIA SCHEME (SEIS) OF FOREIGN TRADE POLICY (2015-2020)

1 Tender Ref. No. CWC/FD/SEIS/2018-19

2 Cost Of the Tender (online payment) Rs 1180/-

3 EMD (online payment) Rs 30,000/-

4 Tender Processing Fee(online payment) Rs. 3835/- (3250 + 18% GST)

5 Scope of Work As per Clause-2

6 Eligibility criteria As per Clause-3

7 Proforma for online submission of financial bid

Annexure-VII

8 Web Site address from where Tender can be downloaded

www.tenderwizard.com/CWC, www.cewacor.nic.in, www.eprocure.gov.in. All the corrigendum, clarification, extension etc shall only be published on these websites.

9 Nature of bid process Two Stage bidding process : Online submission through e-tendering system of Corporation at the website www.tenderwizard.com/CWC

10 Address for Correspondence Group General Manager (F&A), Central Warehousing Corporation, Corporate Office, 4/1 Siri Institutional Area, August Kranti Marg, Hauz Khas, New Delhi-110 016

11 Start date for Downloading of Tender 10.08.2018

12 Start date for online Bid Submission 10.08.2018

13 Last date for Downloading of Tender 31.08.2018 (upto 3:00PM)

14 Last date for online Bid Submission 31.08.2018 (upto 3:00PM)

15 Opening of online Technical bid

31.08.2018 (3:00PM)

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Part-A Central Warehousing Corporation

FINANCE DIVISION

TENDER NO. CWC/FD/SEIS/2018-19 OPEN TENDER FOR APPOINTMENT OF A CONSULTANT FOR RENDERING SERVICES FOR OBTAINING & MONETIZING DUTY CREDIT SCRIP BENEFIT UNDER SERVICE EXPORTS FROM INDIA SCHEME (SEIS) OF FOREIGN TRADE POLICY (2015-2020)

1) COMPANY PROFILE (INCLUDING INTRODUCTION & BACKGROUND)

• Central Warehousing Corporation, (hereinafter referred to as CWC) is a Mini

Ratna Category-I, Schedule A PSU operating 466 warehouses throughout the

country with a storage capacity of 105.18 lakh MTs.

• CWC, a Government of India Undertaking was established under section 3 of

the Warehousing Corporations Act, 1962 primarily with a view to acquire,

build and run godowns and warehouses for storage of agricultural produce

and other notified commodities.

• CWC is one of the biggest public warehouse operators in the country offering

logistics services to a diverse group of clients. CWC is providing warehousing

services for wide range of products ranging from agricultural produce to

sophisticated industrial products. Warehousing activities of CWC include

food grain warehousing, operating industrial warehouses, custom bonded

warehouses, container freight stations, inland clearance depots and air-cargo

complexes. Apart from storage and handling, CWC also offers services in the

area of clearing & forwarding, handling & transportation, procurement &

distribution, dis-infestation services, fumigation services and other ancillary

services, such as consultancy and training for construction of warehousing

infrastructures to different agencies.

• Bidders may familiarize themselves with CWC by visiting CWC’s website at

cewacor.nic.in. CWC is operating CFS/ICDs at various locations as given in

Annexure-1X

• As per Appendix 3E Para 3.08 of the Foreign Trade Policy (FTP) 2015-20

issued by DGFT, CWC is entitled to Duty Credit Scrips under Service Export

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India Scheme (SEIS) on the value of its services which are considered as

deemed exports. CWC proposes to avail the services of reputed consultant,

who is having experience and knowledge on the subject matter in order to

avail the SEIS benefit under the Foreign Trade Policy 2015-20.

2) SCOPE OF WORK

Main Objective: The consultant is expected to provide the services on end

to end basis starting right from preparing the applications, submission of the

same, registration and obtaining the duty credit scrips for utilization and/or

monetization under SEIS scheme of Foreign Trade Policy 2015-20.

(i) Applying/updating IEC (Import/Export Code)

(ii) Assisting and guiding CWC in understanding the scope & terms of

diverse benefits envisaged under the policy and keeping CWC updated on

relevant policies, laws, rules and Regulations during the agreement

period.

(iii) Advising and Collecting all required documents and details from CWC

that are required for preparing the application for availing Duty Scrip

benefit under SEIS for all the eligible years and examining the

details/documents furnished by CWC for its correctness and

acceptance/requirements by DGFT. Collection of all documents required

from Banks/Vendors of CWC for filing application under SEIS scheme,

under prior intimation to CWC.

(iv) Assisting CWC in getting the necessary registration with DGFT and

ensure that CWC has complied with all formalities/procedures that are

required for claiming the export benefits under FTP.

(v) Payment of statutory and legal fees to all appropriate authorities as per

the norms. The fees shall be remitted by CWC in favour of statutory

authorities either through NEFT/ any other moder(s) or will be

reimbursed to consultant on production of necessary document. The job

of the consultant shall be to ensure proper compliance of the Application

process, follow up with the approval authorities, doing required

correspondence, providing clarifications and doing other related

papers/documentation work.

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(vi) To understand the operation and transactions of CWC especially the

nature of various services provided by CWC in order to determine the

services covered under SEIS.

(vii) Identification of eligible transactions, and computation of the related

eligible benefit for all the eligible years i.e from F.Y. 2015-16 to F.Y.

2019-20.

(viii) Arrange for all certificates including Chartered Accountant (CA)

Certificates and other requirements which are needed for processing,

release and utilization of SEIS claim, with no extra charges for same.

(ix) Preparation and submission of necessary clarification, including replies

etc. and filling up the Forms along with supporting documents.

(x) Assisting CWC in complying with the procedure/formalities and filing of

Application under the scheme on behalf of CWC along with all the

necessary documentation in order to get the duty credit scrips.

(xi) Regular follow up of the application with DGFT and other authorities and

attending to their queries as and when the need arises, including

coordinating with other Government authorities wherever and whenever

necessary and obtaining Duty Scrip licenses for the eligible amount.

(xii) Registration of Duty Credit Scrip licenses at various locations, if

required, wherever the scrips can be utilized.

(xiii) Arranging monetization of the scrips .

(xiv) Assisting CWC in complying with the procedure/formalities/audit in

relation to issue, monetization/utilization of duty scrips, including

preparation and submission of necessary applications/ documents to

the concerned authorities. In case CWC decides to utilize the SEIS Scrips

for the authorized purchases, the Consultant shall advise CWC for the

same and in that case, utilization shall be deemed as monetization of the

scrips.

(xv) Strict Adherence to Foreign Trade Policy and procedures in respect of

availing benefits under SEIS Scheme for CWC.

(xvi) After issuance of scrips, providing assistance, including documentation

work for monetization of duty credit scrips, till the realization of the

amount.

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(xvii) Any other activity not listed about but connected with the entire

process of availing the benefits by CWC. In general, The consultant is

expected to provide the services on end to end basis starting right from

preparing the applications, submission of the same, registration and

obtaining the duty credit scrips for utilization and/or monetization under

SEIS scheme of Foreign Trade Policy 2015-20.

3) ELIGIBILITY CRITERIA

S.No.

Eligibility Criteria Documents to be uploaded

1. Bidder should be a (1)Registered Company in India under Companies Act, 2013/)Public Sector Undertaking/statutory body OR (2)Registered Partnership Firm OR (3) Proprietorship OR (4)LLP OR (5) Cooperative society OR (6) Others. (If the tenderer is a partnership firm/LLP, there shall

1)For Registered Company/PSU/ statutory body i)Copy of Certificate of Incorporation ii)Copy of Memorandum of Association iii)Copy of Articles of Association iv) Current list of Directors. 2)For Partnership Firm i)Copy of the partnership deed ii)List of partners iii)Copy of registration of Partnership deed. 3)For Proprietorship i)Declaration of Proprietorship/Sole Proprietorship compulsory ink signed as per Appendix-VI 4) For LLP i)Copy of Limited Liability Partnership Agreement ii)Copy of certificate of registration iii)Current list of Partners 5) For Cooperative society Bye-Laws ( of co. operative Society ) Registered Co-op. Societies should furnish the proof of Registration with Registrar of Co-op. Societies or Taluk Co-op. Officer along with a resolution passed by the Society to participate in the tender enquiry. 6) For others

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not be any re-constitution of the partnership without the prior written consent of the Corporation)

i) Notarised copy of certificate of Incorporation.

2. The bidder should not have been blacklisted or otherwise debarred by any State Government, Central Government or any other Public Sector undertaking or a Corporation or any other Autonomous Organization of Central or State Government as on the last date of submission of bid.

Undertaking in this regard compulsory ink signed by the authorized signatory as per Annexure IV.

3. Average annual turnover (from consultancy services) during last 3 financial year ending 31.03.2018 should not be less than Rs.100.00 lakhs

Bidder is required to upload copies of audited Balance Sheet and statement of P&L account. Annual financial turnover shall also be supported by a certificate from a Chartered Accountant. In case of year 2017-18 if audit is not completed, then provisional Balance Sheet and Statement of P&L for the same duly certified by Chartered Accountant may be furnished, which will be considered for this tender (Annexure-I).

4. The bidder should have at least 3 years experience in providing consultancy services in relation to handling export benefits under Foreign Trade Policy as on the bid opening date.

Bidder is required to upload self declaration of experience supported with certificates from clients.

5. The bidder during the financial years i.e. 2015-16 or 2016-17 or 2017-18 must have rendered services in relation to obtaining duty credit scrips under SFIS/SEIS and utilization/monetization thereof to at least two Companies registered under Companies Act in India having gross annual turnover of Rs.250 crores or more (as per the stand alone annual accounts of the said companies) in any one of the preceding three Financial Years i.e. 2015-16, 2016-17 & 2017-18

Bidder is required to upload documents i.e. copy of annual report of concerned company, certificate of work done, etc. in support of services rendered. (Annexure-II)

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6. The Net worth of bidder as per the last audited balance sheet i.e. as on 31.03.2018 should be positive.

Annexure-I

7.

Cost of the Tender (Rs 1180/-)

Unique Transaction Reference (UTR) of e- payment gateway of M/s KEONICS OR certificate of registration and competence (for tenderers registered with NSIC).

8. EMD (Rs 30,000/-) Unique Transaction Reference (UTR) of e- payment gateway of M/s KEONICS OR certificate of registration and competence (for tenderers registered with NSIC).

9. Tender processing fee (Rs. 3835/- (3250 + 18% GST)

Proof of Online Payment

10. Registration with Income Tax and GST Department

I) Copy of PAN card. and

II) Copy of GST registration

(Application for registration with Income Tax Department and /or with GSTN etc will not be considered as a valid document)

13. Financial Bid Annexure-VII of the tender document. 14. Pre-contract integrity pact Annexure-X

(compulsory ink signed on each page of annexure)

15. Authorized signatory (i) For Registered Company/LLP in India under Companies Act, 2013/ Public Sector Undertaking/statutory body/ Cooperative society- Copy of Board Resolution/ Power of Attorney in favour of authorized signatory.

(ii) For Registered Partnership Firm – Power of Attorney by all partners.

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4. GENERAL TERMS & CONDITIONS

1. Period of Contract:

The contract shall remain valid till the time all the Duty Credit Scrips entitled under the Foreign Trade Policy 2015-20 are obtained, their subsequent utilization and monetisation and compliance of all post utilization procedures and formalities.

2. EMD:

2.1 Earnest Money Deposit (EMD) of Rs 30,000/- (Rupees Thirty thousand only) is to be paid online through E-payment. Proof of the payment has to be uploaded through e-tendering. EMD shall remain valid for a period of thirty (30) days beyond the original Bid validity period or any extension thereof.

2.2 The EMD submitted by the Bidder shall be forfeited:

2.2.1 If the Bidder withdraws its Bid during the period of Bid validity specified by the Bidder in the Bid Proposal;

2.2.2 If the Bidder does not accept the correction of errors of its Bid price.

2.2.3 If Bidder found involved in Fraudulent Practice; if the Bidder

submits false, dubious, forged or tampered documents/declaration/statement.

2.2.4 In the case of a successful Bidder, EMD is liable to be forfeited:

a) If Bidder fails to accept the letter of award. b) If Bidder fails to furnish the required Performance bank guarantee

by the due date without prejudice to any other rights and remedies of the Corporation under the contract and law.

2.3 The Earnest Money will be returned to all unsuccessful bidders

immediately, after decision on tenders and award of contract to successful bidder. The bidder who has submitted EMD, but could not complete the online bid submission process, for any reason, EMD in such cases, will be returned immediately upon opening of technical bids. The Earnest money will be returned to the successful bidder on submission of Performance Bank Guarantee/ Security Deposit. No interest shall be payable on the amount of Earnest Money in any case.

2.4 The bidders registered with the National small Industries Corporation

under revised scheme who can produce certificate of registration will not be required to submit the requisite cost of tender and earnest money up

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to the monetary limit fixed by the NSIC. Tenderers should furnish requisite amount of earnest money with the tender beyond monetary limit fixed in the registration certificate by NSIC. This concession will not be available to the parties who do not furnish Registration Certificate

3. FINANCIAL BID EVALUATION

Selection of the Consultant will be done on the basis of lowest quoted percentage rate (i.e. L1). Financial Bids submitted by bidder shall be evaluated and the bidder who stands L1 based on the percentage rates quoted shall be awarded the work. In case the lowest total quoted rate is found to be equal, contract shall be awarded to the bidder having the higher average annual turnover (audited) of last three financial years.

4. SECURITY DEPOSIT:

a. The successful Tenderer will have to deposit a sum of Rs. 150,000/- (Rupees One lac fifty thousand only) or 5% of annual contract value whichever is higher towards Security Deposit within 15 days from the date of issue of work order in the form of Bank Guarantee for full contact period and extension thereof. The interest free Security Deposit amount of Rs. 150,000/- can also be paid by demand draft in favour of CWC or by way of transfer of money to the bank account of CWC through RTGS/NEFT. This guarantee will remain in-force and effect until 31st December, 2021 or until such times as this guarantee is discharged in writing by the CWC. However, in case the availment and monetization of all the duty credit Scrips entitlements under or activities related thereto are not yet completed, the duration of validity of the bank guarantee shall be extended for such period at the discretion of CWC.

b. In case of termination of the contract for any reason, the Security Deposit shall stand forfeited, the Consultant(s) shall have no claim whatsoever against CWC in consequence of such termination of the contract.

c. In the event, the Consultant gives up the work before expiry of the contract including extension periods, if opted for the CWC or is unable to service the contract for whatever reason, the Security Deposit shall stand forfeited.

d. No interest shall be payable on the Security Deposit.

e. CWC shall also be entitled to make recoveries form the consultant’s bills, Security Deposit or from any other amount due to him, against any over payment made to him due to inadvertence, error, collusion, misconstruction or misstatement etc. as deemed fit by CWC. The Security Deposit paid by the consultant towards satisfactory performance of the contract shall, subject to necessary deductions, if any, be returned to him after four months on expiry of the contract.

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5. BRIBES, COMMISSION, CORRUPT GIFTS ETC.

Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the Bidder or any one or more of their partners/Directors, agents or servants or anyone else on their behalf to any officer, servant, representative or agent of the Corporation or any person on his or their behalf for showing forbearing, favour or disfavour to any person in relation to the contract, shall subject the Bidder to the cancellation of this contract or any other contract with the Corporation and also for payment of any loss or damage caused to the corporation if any resulting from such cancellation.

6. PAYMENT TERMS:

(a) Rates for services to be rendered by the Consultant to be quoted in percentage on monetization/utilization value of the scrips.

(b) The rates quoted shall be inclusive of all out of pocket/travelling/miscellaneous expenses/expenditures for obtaining CA certificates or any other certificates required and all taxes and duties etc. (excluding GST). GST as applicable will be paid extra on submission of tax invoice.

(c) Payment for Consultancy Fees will be made at two stages i) First on

successful receipt of the Duty Credit Scrip and ii) second on their monetization/utilization. An amount calculated by multiplying “ the 25% of the face value of the scrips obtained with the percentage of fee quoted” shall become due to the consultant on obtaining the Duty Credit scrips by Central Warehousing Corporation. As the total amount payable for the services shall not exceed the amount calculated by multiplying “the value for which scrips monetized./utilized with the percentage of fee quoted”, the amount to be billed and payable for final bill shall be calculated reducing the amount already paid on obtaining the scrips for the respective year. The final (stage ii) bill amount shall become due to the consultant after the monetization/utilization of the SEIS scrips. GST payable will be extra.

(d) The Consultant shall submit the final bills as and when the scrips are

utilized/monetized and CWC will make payment within 30 days on submission of bills.

(e) The consultant shall note that any dispute regarding payment must be

raised within 90 days from the date of settlement of relevant bills failing which the same will not be entertained.

(f) All payments related to this subject work would be made through

electronic mode only (RTGS/NEFT). The bidder would be required to provide the particulars of their bank account for this purpose.

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(g) The bidders shall ensure correctness of the Bank particulars furnished

and the CWC shall not be responsible for any error in the particulars furnished by the bidder. In the event of change in bank account during currency of the contract, it is the responsibility of the bidder to advise CWC of the changes under the signature of an authorized person on their letterhead and seek an amendment to the bank account, if required. Failure on the part of the bidder to communicate changes in bank account details or delay in receipt of communications or non-updation of bank account details may result in payments being made to an unrelated account for which CWC shall not be responsible.

7. TERMINATION OF CONTRACT:

If the consultant does not perform the Contractual obligations satisfactorily, as per the scope of work, the Contract is liable to be terminated after issue of notice of 30 (thirty) days to the consultant and the Security Deposit shall be forfeited.

8. EXIT CLAUSE:

CWC at its sole discretion can terminate the contract without assigning any reasons whatsoever by giving thirty (30) days notice in writing to the Consultant.

9. ARBITRATION:

All disputes and differences arising out of or in any way touching or concerning this contract, whatsoever (except as to any matter, the decision of which is expressly provided for in the contract) shall be referred to the sole arbitration of any person appointed by the Managing Director, Central Warehousing Corporation, New Delhi. There will be no objection to any such appointment on the ground that the person so appointed is an employee of the Corporation, that he had to deal with the matters to which the contract relates and that in the course of his duties as such employee of the Corporation he had expressed views on all or any of the matter in dispute or difference. The award of such arbitrator shall be final and binding on the parties to the contract. It is a term of the contract that in the event of such Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act or resigning for any reason, the Managing Director, Central Warehousing Corporation at the time of such transfer, vacation of office or inability to act or resigning shall appoint another person to act as Arbitrator in accordance with the terms of this contract. Such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is also a term of this contract that no person other than a person appointed by the Managing Director, Central Warehousing Corporation as aforesaid should act as Arbitrator and if for any

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reason that is not possible, the matter is not to be referred to arbitration at all. The Arbitrator shall give reasoned award. Provided further that any demand for arbitration in respect of any claim(s) of the bidder or of the Corporation under the contract shall be in writing and made within one year of the date of termination or completion (expiry of the period) of the contract and where this provision is not complied with, the claim(s) of the bidder shall be deemed to have been waived and absolutely barred and the Corporation shall be discharged and released of the liabilities under the contract. The venue of the Arbitration shall be at such place as may be fixed by the Sole Arbitrator in his sole discretion. The work under the contract shall, if reasonably possible, continue during the arbitration proceedings and no payment due or payable to the tenderer shall be withheld on account of such proceedings. The costs of arbitration shall be borne by the parties as per the decision of the Arbitrator. The Arbitrator shall give separate award in respect of each dispute or differences referred to him and shall give reasons for his decision. Subject as aforesaid the Arbitration and Conciliation Act, 1996 shall apply to the Arbitration proceedings under this clause.

10. LAWS GOVERNING THE CONTRACT:

The contract will be governed by the laws of the country in force from time to time. The Contract shall be interpreted in accordance with the laws of the Union of India & will be under the jurisdiction of court in New Delhi.

Part-B General Information

1. Last date and time for submission of bids: The last date for submission of

bid is 31.08.2018 upto 3:00PM hrs. The bidder has to submit online bids through e-procurement portal www.tenderwizard.com/CWC.

2. Manner of submission of the Bids: tenders are to be submitted online through the website stated above. The tender document may be downloaded from website & submission of the bid is to be done as per Tender time schedule. No manual bid will be accepted.

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3. Time and date for opening of Bids: The bid will be opened electronically on 31.08.2018 at 3:00 PM. Bidders can witness electronic opening of bid.

4. Furnishing of Bids: Bids should be submitted by Bidders furnishing details like valid GST registration number, Bank account with address and complete postal & E-mail address of their office.

5. Clarification/missing documents: Corporation, if necessary, can ask the tenderer for any specific clarification relating to qualifying document / condition or can seek missing document(s) within the specified time of 15 days. For this purpose, the procedure stated below is to be followed and the specific clarification and missing document is required to be uploaded on the same portal as per the procedure prescribed therein. The Missing document to be submitted should not be of a date later than the date of submission of original bid, however the pre-contract integrity pact as per Annexue-X and declaration proprietary firm as per Annexure-VI submitted as missing documents can be of a date after the date of submission of original bid. The missing documents sought is allowed to be submitted only by uploading on the tender website through which same has been asked. With respect to qualifying criteria, if any information/document is not submitted or party submitted or wrong document is submitted or the document submitted does not explain fully the tender requirements, same can be sought by the Corporation from the tenderer. (a) Corporation can waive any minor infirmity or non-conformity or irregularity

like spelling mistake(s), signature missing on any page which does not constitute a material deviation.

(b) The tenderer has the option to respond or not to respond to these queries. (c) The request for clarification and missing document(s) by the Corporation and

the response of the bidder shall be in writing and no change in price or substance of the tender shall be sought, offered or permitted.

(d) If the tenderer fails to respond, within the stipulated time period or the clarification(s)/document(s) submitted is non-conforming to requirement of tender conditions, no further time will be given for submitting the same and the tender will be summarily rejected.

(e) All the responses to the clarifications will be part of the Proposal of the respective tenderer and if the clarifications are in variance with the earlier information in the proposal, the information provided in later stages will be the part of the agreement.

Procedure to be followed for obtaining missing documents & specific clarification:

(i) An Icon for clarification shall appear on “Bid details” page (in front of each of the bidder’s name) at Corporation’s end after opening of Technical / Financial Bid.

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(ii) Corporation shall click on clarification icon for the desired bidder and enter the details of clarifications / missing documents sought within the prescribed time.

(iii) After entering the details of clarification / missing document sought by the Corporation, same icon shall appear at Bidder’s end for replying to the particular clarification / missing document sought by the Corporation. The system will also send the alert to the bidder at his registered e-mail address about the clarification / missing document sought by the Corporation.

(iv) Bidder will click on clarification icon and will reply to the same and upload the required document (optional) in support of clarification sought and also submit missing document, if any, within the prescribed time. Bidder cannot ask for any clarification from the Corporation.

(v) Once the prescribed time expires, clarification icon from bidder site shall also disappear automatically.

(vi) After expiry of prescribed time, Corporation shall download the clarification / missing document submitted by the bidder.

6. Rejection of Bids: Any bid received without EMD, unless exempt like in case

of MSEs shall be summarily rejected. Canvassing by the Bidder in any form, unsolicited letter and post-tender correction may invoke summarily rejection of the bid. Conditional bids will be rejected.

7. Validity of Bids: The Bid should remain valid till 120 days from the last date of submission of bid.

8. Earnest Money Deposit: Bidders should deposit EMD amount Rs.30,000/- (Rupees Thirty thousand Only) through RTGS in favour of Central Warehousing Corporation and scanned copy of RTGS payment details duly authorized by the Bank should be attached in the Bid. EMD of the unsuccessful bidders will be returned to them without interest at the earliest after finalization of the tender. EMD of the successful bidder would be returned, without any interest whatsoever, after the receipt of Performance Bank Guarantee.

Part-C Instruction for Bidder

1. This Bids being processed through e-tendering/ e- procurement system. The

Bid documents are to be downloaded, filed & uploaded through e-tendering system of Corporation at the website www.tenderwizard.com/CWC. If any Bidder wishes to participate in the CWC’s tenders, Bidder has to register their firm once with annual registration fee in our website www.tenderwizard.com/CWC for online e-Tendering in consultation with our service provider M/s. K.S.E.D.C. Limited.

2. All the documents uploaded by the Tender Inviting Authority form an integral part of the contract with Consultant. They are required to upload all the

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tender documents along with other documents, as asked for in the tender, through the above website within stipulated date and time as given in the Tender Notice. The persons uploading, signing and submitting the bid should be duly authorized for the same. In support of the said authorization, copy of Power of Attorney or authorization from the Board, in case of Company should be furnished with the bid.

3. The Consultant shall carefully go through the documents and prepare the required documents and upload the scanned documents in Portable Document Format (PDF) to the portal in the designated location. The bidder needs to fill up the rates in the designated cell and upload the same in designated location.

4. CWC may issue amendment/errata to the tender documents before due date of submission of tender. The consultant is required to read the tender document in conjunction with amendments, if any, issued by CWC. They are not supposed to incorporate any amendment/errata in the body of tender document either in ink or pencil. In case the Consultant on the body of tender incorporates amendments/ errata issued, they shall not be considered and the amendment/errata issued by CWC shall only hold good. The amendments/ errata issued to these documents, if any would be uploaded on web site. The consultant shall visit these sites from time to time to see any amendments/errata.

5. CWC reserves the right to postpone and/or extend the date of receipt of opening of tenders or to withdraw the tender notice or cancel the tender, without assigning any reason thereof. In such cases, the bidders shall not be entitled to any form of compensation from CWC.

6. The successful bidder shall require to sign the integrity pact with CWC as per enclosed Performa (Annexure-X)

7. Digital Signature: The Bidder shall require the Class 3 Digital Signature/ Digital Security Certificate for participating in Corporation e-tendering process (for login, downloading & uploading of Bid documents or for submitting the e-Bid documents). Digital Signature can be obtained from any of the authorized agencies of CCA (Controller of Certifying Authorities). For this a separate processing fee would be payable to the authorized agency of CCA.

8. The Bidder has to register (if not registered earlier) by clicking on the REGISTER ME link on the website www.tenderwizard.com/CWC with a non-refundable registration fee of Rs.5900/- (Rupees Five thousand Nine hundred only) including GST @ 18%) to be paid online through E-payment/ NEFT mode after obtaining digital signature to participate in e-tendering/e-procurement system. For any assistance please contact Helpdesk. The detailed procedure for the registration is as under:

i) Go to the url:-www.tenderwizard.in/CWC

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ii) clicking on the REGISTER ME link iii) In the Vendor Registration form, vendor has to fill up the

applicant details, digital signature information. iv) After making the requisite payments through e-payment towards

registration fee the form is to be submitted. iv) The User-id and Password are generated in the form of

Acknowledgement. v) The User-id and password would be Activated by M/S K.S.E.D.C

Limited, only after receipt of the e-payment towards the registration fee.

vi) Tender Processing Fee of Rs.3835/- (Rupees Three Thousand Eight Hundred and thirty five only) [Non-refundable] for each tender is to be paid online before the date and time set for closing as per clause No.(8) below. Those bidders who failed to submit the tender processing fee online to M/S KSEDC Limited their bid would not made available by the system and shall not be considered during the opening of the tender.

vii) The e-tender processing fees, vendor registration fees, EMD and tender cost have to be deposited through e-payment gateway of M/s KSEDC Ltd. only.

9. All the bidders are requested to get themselves registered well in advance and no extra time will be considered for the delay in on-line Vendor Registration, if any. In case bidders wait till the last moment for uploading tenders, and if any technical problem is encountered at that time, the Bid closing time may elapse. The bidder must ensure that proof of payments made towards, Tender cost and EMD are uploaded on the e-tendering site. The availability of these documents is a mandatory requirement during the opening of the bid. In case the bidder fails to upload the relevant documents pertaining payments of EMD and Tender cost , the bid shall rejected and the bidder will be out of race.

10. Further, the Contact persons for clarification about e-tendering procedures are Mr. Shibu Yadvender- Mobile No. 08800115946 or Mr. Rakesh Jha -Mobile No. 09560095924.

11. For complete details, refer website www.tenderwizard.com/CWC

12. The bidders are required to upload the completed documents only after

satisfying each and every condition laid down in the tender documents.

13. CWC reserves the right to postpone and/or extend the date of receipt of opening of tenders or to withdraw the tender notice or cancel the tender, without assigning any reason thereof. In such cases, the bidders shall not be entitled to any form of compensation from CWC.

14. The successful bidder shall require to sign the non-disclosure agreement with

CWC as per enclosed Performa (Annexure-VIII)

15. The successful bidder shall be required to execute an agreement with CWC for carrying out the work as per the agreed conditions, within sixty days from the date of award of contract in the format as per Annexure-V. The cost of stamp

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paper for the agreement will be borne by the successful bidder.

16. Documents/information to be furnished with the bid shall be as under:

(a) Covering letter as per format enclosed (b) Duly signed tender documents/addendums/amendments/corrections thereto. (c) Proof of payment of EMD of Rs.30,000/- through RTGS/NEFT to CWC

bank account. (d) Proof of payment of cost of tender and tender processing fee (e) Turnover and net worth as per (Annexure-I) (f) Experience along with documentary proof (Annexure-II) (g) Declaration of non-blacklisting (Annexure-IV) (h) Declaration of proprietary firm (Annexure-VI) (i) Copy of other documents as mentioned in Clause 3 (Eligibility Critaria). (j) Financial bid (Annexure-VII)

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Covering Letter from bidder (To be uploaded on Bidding company letter head) From To The Group General Manager (F&A) Central Warehousing Corporation, CO, New Delhi Dear Sir, Open tender notice for appointment of consultants for providing services for obtaining & monetizing duty credit scrip benefit under Service Exports from India scheme (SEIS) of Foreign Trade Policy (2015-2020)

REF. : TENDER NO. CWC/FD/SEIS/2018-19 Being duly authorized to represent and act on behalf of …………….. hereinafter referred to as “the Bidder” and having reviewed and fully understood all of the requirements of the bid document and information provided, the undersigned hereby apply for the consultancy work referred above. We are submitting our Bid enclosing the following with the details as per the requirements of the Bid Document, for your evaluation.

(a) Duly signed tender documents/addendums/amendments/corrections thereto. (b) Proof of payment of EMD of Rs.30,000/- through RTGS/NEFT to CWC bank

account. (c) Proof of payment of tender fee and tender processing fee (d) Turnover and net worth as per (Annexure-I) (e) Experience along with documentary proof (Annexure-II) (f) Declaration of non-blacklisting (Annexure-V) (g) Declaration of proprietary firm (Annexure-VI) (h) Copy of other documents as mentioned in Clause 3 (Eligibility Critaria). (i) Finance bid (Annexure-VII)

We hereby agree to abide by all the terms and conditions stated in the tender document and with all the addendums/amendments/corrections thereto.

Yours faithfully, Signature of Bidder Authorized signatory

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ANNEXURE-I

TURNOVER AND NET WORTH OF THE FIRM

A. Average Annual Turnover of the Bidder Turnover from consultancy services (Rs. In lakhs) 2015-16 2016-17 2017-18 Average Note: 1. The annual turnover of the bidder should be duly supported by copies of the

audited Balance Sheet and Statement of Profit and Loss for the year 2015-16, 2016-17 and 2017-18. In case audit for 2017-18 not completed, provisional audited Balance Sheet and Statement of Profit and Loss duly certified by Chartered Accountants to be furnished.

2. The net worth of M/s._________ as per the latest audited financial statements of F.Y. (i.e. as on 31.03.2018) is Rs.__________

Note: In addition, annual turnover of the bidder shall also be submitted duly certified by Chartered Accountant.

Signature (Authorized Signatory)

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Annexure-II

PROFORMA FOR FURNISHING EXPERIENCE CERTIFICATE FROM THE CLIENT ON THEIR LETTERHEAD.

Dated:

Name of two Companies registered under Companies Act in India having gross annual turnover of Rs.250 crores or more (as per the stand alone annual accounts of the said companies) in any one of the preceding three Financial Years i.e. 2015-16, 2016-17 & 2017-18 Sl. No. Details Response 1 Name and address of Client 2 Nature of work 3 Contract Date 4 Contract Number 5 Contract Period 6 Contract Value in INR 7 Name and address of unit where

services were provided

8 Current Status of the project 9 Completion Date 10 Value of Duty Scrip Benefits and Ref.

No. (enclosed copy of Duty Credit Scrips)

11 Documentary Evidence for having successfully completed the Eligible assignment.

Date Signature

(Authorized Signatory)

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Annexure-III

BANK GUARANTEE FOR BID SECURITY (PERFORMANCE BANK GUARANTEE) (To be stamped in accordance with Stamp Act) Bank Guarantee No. ……….. Date ………………………... To [CWC's Name & Address] Dear Sir, In consideration of the …………….. [CWC's Name]…………. (hereinafter referred to as the 'CWC,' which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators and assigns) having awarded to M/s. ………..[Contractor's Name] ………..with its Registered/Head Office at …………………………..…………………… (Hereinafter referred to as the 'Contractor', which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a Contract by issue of CWC's Notification of Award No. …………….. Dated ………….. and the same having been unequivocally accepted by the Contractor, resulting in to a contract bearing No…………. dated …………. Valued at……………….. for ……………… and the Contractor having agreed to provide a Performance Guarantee for the faithful performance of the entire Contract equivalent to Rs. ___________________________________________(Rupees …………………………… Only) to the CWC. We ……………….. [Name & Address of the Bank] …..………. having its Head Office at ………………………….. (hereinafter referred to as the 'Bank', which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the CWC, on demand any and all monies payable by the contractor to the extent of Rs. ……….Rupees ……………………….Only) as aforesaid at any time upto ……………. (@) ………… [days/month/year] without any demur, reservation, context, recourse or protest and/or without any reference to the Contractor. Any such demand made by the Corporation on the Bank shall be conclusive and binding notwithstanding any difference between the Corporation and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Corporation and further agrees that the guarantee herein contained shall continue to be enforceable till the Corporation discharges this guarantee. The Corporation shall have the fullest liberty, without affecting in any way the liability of the Bank under this guarantee, from time to time to extend the time for performance of the Contract by the Contractor. The Corporation shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have

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against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract between the Corporation and the Contractor or any other course or remedy or security available to the CWC. The Bank shall not be released of its obligations under these presents by any exercise by the Corporation of its liberty with reference to the matters omission or commission on the part of the Owner or any other indulgence shown by the Corporation or by any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the Bank. The Bank also agrees that the Corporation at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance without proceeding against the Contractor and not withstanding any security or other guarantee that the Corporation may have in relation to the Contractor's liabilities. Notwithstanding anything contained hereinabove, our liability under this guarantee is restricted to …………. (*) ……….. and it shall remain in force up to and including…………. (@) ……… and shall be extended from time to time for such period, as may be desired by M/s………….. [Contractor's Name] ………... on whose behalf this guarantee has been given. In witness where of the Bank, through its authorized officer, has set its hand and stamp on this ………………………… day of ……………….. 2017 at …………………… This ………………. day of ………….. 2017 at …………………………... WITNESS …………………………..… (Signature) ……….………… (Signature) …………………………….. (Name) (Name) ………………….…. …………………………….. ……………………………… (Official Address) (Designation with Bank Stamp) Attorney as per Power of Attorney No……………… Dated ……………………. Notes: 1.(@) This date will be 6 Month beyond the CONTRACT period as specified

in the Contract. 2.The stamp papers of appropriate value shall be purchased in the name of

Guarantee issuing Bank.

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Annexure-IV Pro-forma for Declaration of Non-Blacklisting

(To be submitted on Bidding company letter head)

Dated: To, The Group General Manager (F&A) Central Warehousing Corporation, CO, New Delhi Subject: Declaration for Not Being Blacklisted with reference to Tender No. CWC/FD/SEIS/2018-19 With reference to the above mentioned tender, we hereby confirm that we have not been black listed by any State Government, Central Government or any other Public Sector undertaking or a Corporation or any other Autonomous Organization of Central or State Government as on Bid calling date and there has been no litigation with any government department on account of similar services. Yours faithfully, For (Bidders Name) Authorized Signatory

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ANNEXURE-V AGREEMENT

OPEN TENDER NOTICE FOR APPOINTMENT OF CONSULTANTS FOR PROVIDING SERVICES FOR OBTAINING & MONETIZING DUTY CREDIT SCRIP BENEFIT UNDER SERVICE EXPORTS FROM INDIA SCHEME (SEIS) OF FOREIGN TRADE POLICY (2015-2020), in response to the uploading of e-tender by me/us on ____________ the Group General Manager(F&A) Central Warehousing Corporation. I/ We, ________________________________________ (here enter full name and address of tenderer) am/are executing this agreement on ___________ and hereby confirm that I/we have thoroughly examined and understood the terms and conditions of Notice Inviting Tender and the Invitation to Tender and Instructions to Tender bearing No. ……………………..dated ………………by the Group General Manager(F&A), Central Warehousing Corporation for appointment of consultants for providing services for obtaining & monetizing duty credit scrip benefit under service exports from India scheme (SEIS) of Foreign Trade Policy (2015-2020). I/we am/are willingly undertaking the said work consequent on the award of work given to me/us by the, Group General Manager(F&A) at the rate quoted in financial bid which forms part of this agreement and as per terms and conditions of the tender.

I/We, assure the said Corporation that I/we will undertake the said work to the best of my/our ability at all stages, during the tenure of the contract. This agreement will remain in force for a period of two years with effect from ____________ or the date up to which the contract is extended.

WITNESS

1.

(Authorized Signatory of Tenderer)

WITNESS 1.

2.

Group General Manager (F&A) CENTRAL WAREHOUSING CORPORATION

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ANNEXURE-VI

UNDERTAKING (For Sole Proprietary Firm)

(Compulsory ink signed)

I…………………………………..R/o…………………………………………………………do hereby solemnly affirm and declare as under:- 1. That I am Sole Proprietor of …………………………..(Sole Proprietor Firm Name) 2. That the office of the firm is situated at ………………………..................

………………………………………………………………………………. Place: Date:

(Authorized Signatory)

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ANNEXURE-VII FINANCIAL BID

Tender inviting authority: CENTRAL WAREHOUSING CORPORATION Name of work : APPOINTMENT OF CONSULTANTS FOR PROVIDING

SERVICES FOR OBTAINING & MONETIZING DUTY CREDIT SCRIP BENEFIT UNDER SERVICE EXPORTS FROM INDIA SCHEME (SEIS) OF FOREIGN TRADE POLICY (2015-2020)

Ref. No. : CWC/FD/SEIS/2018-19

SCHEDULE OF RATES

1. Services (as per scope of work) for SEIS

Description Quote the Rate in (%) (In words and figures) on monetized value of the Duty Credit Scrip realized by CWC. If the figure is not mentioned appropriately, then the fees quoted in words will be considered for this Tender.

Services as per scope of work _______________%

(In words):__________

_____________________

Note:

(1) The rates are inclusive of all out of pocket/travelling/miscellaneous expenses/expenditures for obtaining CA certificates or any other certificates required and all taxes and duties etc. (excluding GST). GST as applicable will be paid extra on submission of tax invoice.

(Signature of the Tenderer)

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ANNEXURE - VIII NON-DISCLOSURE AGREEMENT

WHEREAS, we the undersigned Bidder, _______________________________________________ , having our principal place of Business / registered office at __________________________________, hereinafter referred to as the Bidder, are desirous of tendering for Bid No. ………………………dated __________ providing OPEN TENDER NOTICE FOR APPOINTMENT OF CONSULTANTS FOR PROVIDING SERVICES FOR OBTAINING & MONETIZING DUTY CREDIT SCRIP BENEFIT UNDER SERVICE EXPORTS FROM INDIA SCHEME (SEIS) OF FOREIGN TRADE POLICY (2015-2020) of Central Warehousing Corporation.

WHEREAS, the Bidder is aware and confirms that the information and other documents made available by Corporation, during the tendering process and thereafter, or otherwise (confidential information for short) is privileged and strictly confidential and/ or proprietary to Group General Manager,(F&A),.

NOW THEREFORE, in consideration of the foregoing, the Bidder agrees to all the following conditions, in order to induce Corporation to grant the Bidder specific accesses to confidential information, property, information systems, network, databases and other data, at CO and ROs. IT IS HEREBY AGREED AS UNDER: a) The Bidder agrees to hold in trust any confidential information received by

the Corporation, as part of the Tendering process or otherwise, and the Bidder shall maintain strictest of confidence in respect of such confidential information. The Bidder also agrees:

i) To maintain and use the confidential information only for the purposes of tendering for this Bid and only as permitted herein;

ii) To only make copies as specifically authorized by the prior written consent of Corporation and with the same confidential or proprietary notices as may be printed or displayed on the original;

iii) To restrict access and disclosure of confidential information to such of their employees, agents, consultants and representatives strictly on a “need to know” basis, to maintain confidentiality of the confidential information disclosed to them in accordance with this clause; and

iv) To treat confidential information as confidential unless and until Corporation notifies the Bidder of release of its obligations in relation to the said confidential information.

b) Confidential information does not include information which; i) The Bidder knew or had in its possession, prior to disclosure, without

limitation on its confidentiality; ii) Is independently developed by the Bidder without breach of conditions

under this Tender; iii) Information in the public domain as a matter of law;

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iv) Is received from a third party not subject to the obligation of confidentiality with respect to such information;

v) Is released from confidentiality with the written consent of Corporation .The Bidder shall have the burden of proving hereinabove are applicable to the information in the possession of the Bidder.

c) Notwithstanding the foregoing, the Bidder acknowledges that the nature of activities to be performed as part of the Tendering process may require the Bidder’s personnel to be present on premises of Corporation or may require the bidder’s personnel to have access to software, hardware computer networks, databases and storage media of the Corporation while on or off premises of Corporation. It is understood that it would be impractical for Corporation to monitor all information made available to the bidder’s personnel under such circumstances and to provide notice to the Bidder of the confidentiality of all such information. Therefore, the Bidder agrees that any technical or business or other information of Corporation that the Bidder’s personnel representatives or agents acquire while on Corporation premises, or through access to computer systems or databases while on or off Corporation premises, shall be deemed confidential information.

d) Confidential information shall at all times remain the sole and exclusive property of Corporation. Upon completion of the tendering process, confidential information shall be returned to Corporation or destroyed, if incapable of return. The destruction shall be witnessed and so recorded, in writing, by an authorized representative of Corporation. Nothing contained herein shall in any manner impair rights of Corporation in respect of the confidential information.

e) In the event that the Bidder becomes legally compelled to disclose any confidential information, the Bidder shall give sufficient notice to Corporation to enable Corporation to prevent or minimize to the extent possible, such disclosure, Bidder shall not disclose to a third party any confidential information or the contents of this Bid without the prior written consent of Corporation. The obligations of this Clause shall be satisfied by handling confidential information with the same degree of care, which the Bidder applies to its own similar confidential information but in no event less than reasonable care.

f) The obligations herein shall survive the completion or cancellation of the Tendering process. For and on behalf of : _____________________________________ (bidder) Authorized Signatory Name :_________________________ Designation : ________________________ Office Seal :________________________ Place :________________________ Date :_______________________

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ANNEXURE - IX

LIST OF CFS/ICDs OF CWC

Region wise CFSs/ICDs being operated by CWC

S.No. CWC Region Name of CFS/ICD 1

Ahmedabad

1. CFS Adalaj 2. CFS Gandhidham 3. CFS Kandla Port 4. CFS Pipavav 5. ICD Vapi, Valvada 6. ICD Dashrath, Vadodara

7. CFS Mundra 2 Bangalore 8. CFS Panambur, Mangalore

9. CFS, Whitefield, Bangalore 3

Chennai

10. CFS Virugambakkam 11. CFS Chrompet 12. ICD Signanallur, Coimbatore 13. CFS Madhavaram

4 Delhi 14. ICD Patparganj, Delhi 15. ICD, NSEZ (Noida) (UP)

5 Hyderabad 16. CFS Kukatpally, Hyderabad 17. CFS Visakhapatnam

6 Kolkata 18. CFS Kolkata 7 Lucknow 19. ICD Kanpur 8

Mumbai

20. CFS Pune 21. CFS Ambad , Nasik 22. ICD Waluj, Aurangabad 23. ICD Verna 24. CFS Impex park 25. CFS Distripark 26. CFS D’Node

27. Chennai 1. CFS Tuticorin

28. Delhi 2. ICD Loni, Ghaziabad (UP)

29. Mumbai

3. CFS Logistics Park, Navi Mumbai

4. CFS Kalamboli, Navi Mumbai

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ANNEXURE - X

PRE-CONTRACT INTEGRITY PACT General This pre-bid/pre-contract Agreement (hereinafter called the Integrity Pact) is made on ______ day of the month of ________ between on one hand, the Central Warehousing Corporation (A Govt. of India Undertaking), 4/1 Siri Institutional area, HauzKhas, New Delhi, acting through Group General Manager(F&A), Central Warehousing Corporation (A Govt. of India Undertaking) (hereinafter called the “CORPORATION" which expression shall mean and include, unless the context otherwise requires, his successors in office and assigns) of the First Part and M/s ________ represented by Shri __________, (Name of the contractor) (hereinafter called BIDDER which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the Second Part. WHEREAS the CORPORATION proposes to appoint CONSULTANTS FOR PROVIDING SERVICES FOR OBTAINING & MONETIZING DUTY CREDIT SCRIP BENEFIT UNDER SERVICE EXPORTS FROM INDIA SCHEME (SEIS) OF FOREIGN TRADE POLICY (2015-2020) and the BIDDER is willing to execute the items of work as scope of work, the work order issued General conditions of the contract of CWC. WHEREAS the BIDDER is a private company/public company/Government undertaking/partnership firm constituted in accordance with the relevant law in the matter and the corporation is a PSU performing its functions on behalf of the Ministry of Consumer Affairs, Food and Public Distribution, New Delhi, Govt. of India. NOW, THEREFORE, To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to:- Enabling the CORPORATION to obtain the desired said work at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and Enabling BIDDER to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the CORPORATION will commit to prevent corruption, in any form, by its officials by following transparent procedures. The parties hereto hereby agree to enter into this integrity Pact and agree as follows: 1. Commitments of the Corporation 1.1 The Corporation undertakes that no official of the CORPORATION, connected

directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift,

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reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organisation or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract.

1.2 The CORPORATION will, during the pre-contractor stage, treat all BIDDERS

alike and will provide to all BIDDERS the same information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other BIDDERS.

1.3 All the officials of the CORPORATION will report to the appropriate authority

any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official(s) is

reported by the BIDDER to the CORPORATION with full and verifiable facts and the same is prima facie found to be correct by the CORPORATION, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the CORPORAION and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the CORPORAION the proceedings under the contract would not be stalled.

3. Commitments of Bidders

The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following:-

3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,

consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the CORPORATION, connected directly or indirectly with the bidding process, or to any person, organisation or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract.

3.2 The BIDDER further undertakes that it has not given, offered or promised to

give, directly or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the CORPORATION or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the

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CORPORATION for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other contract with the CORPORATION.

3.3 The BIDDER, either while presenting the bid or during pre-contract

negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of the CORPORATION or their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.

3.4 The BIDDER will not collude with other parties interested in the contract to

impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.

3.5 The BIDDER will not accept any advantage in exchange for any corrupt

practice, unfair means and illegal activities. 3.6 The BIDDER shall not use improperly, for purposes of competition or

personal gain, or pass on to others, any information provided by the CORPORATION as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged.

3.7 The BIDDER commits to refrain from giving any complaint directly or

through any other manner without supporting it with full and verifiable facts.

3.8 The BIDDER shall not instigate or cause to instigate any third person to

commit any of the actions mentioned above. 3.9 If the BIDDER or any employee of the BIDDER or any person acting on

behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers of the CORPORATION, or alternatively, if any relative of an officer of the CORPORATION has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filling of tender. The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies Act, 1956.

3.10 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the CORPORATION

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4. Previous Transgression 4.1 The BIDDER declares that no previous transgression occurred in the last

three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify BIDDER’s exclusion from the tender process.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject,

BIDDER can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

5. Earnest Money (Security Deposit) 5.1 While submitting Technical bid, the BIDDER shall deposit an amount of Rs.

_______ (to be specified in NIT) as Earnest Money, with the CORPORATION as specified in the NIT.

5.2 The Earnest Money/Security Deposit and performance guarantee shall be

valid for the period as per the relevant terms & condition of the contract 5.3 No interest shall be payable by the CORPORATION to the BIDDER on

Earnest Money/Security Deposit/performance guarantee for the period of its currency and upto their validity.

6. Sanctions for Violations

Any breach of the aforesaid provision by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the CORPORATION to take all or any one of the following actions, wherever required:-

(i) To immediately call off the pre-contract negotiations without assigning

any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.

(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance Bond (after the contract is signed) shall stand forfeited either fully or partially, as decided by the CORPORATION and the CORPORATION shall not be required to assign any reason therefore.

(iii) To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.

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(iv) To recover all sums already paid by the CORPORATION, and in case of

an Indian BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the CORPORATION in connection with any other contract for any other stores/work such outstanding payment could also be utilized to recover the aforesaid sum and interest.

(v) To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the CORPORATION, along with interest.

(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER

shall be liable to pay compensation for any loss or damage to the CORPORATION resulting from such cancellation/rescission and the CORPORATION shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER.

(vii) To debar the BIDDER from participating in future bidding processes of

the CORPORATION for a minimum period of five years, which may be further extended at the discretion of the CORPORATION.

(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a view to securing the contract.

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the CORPORATON with the BIDDER, the same shall not be opened.

(x) Forfeiture of Performance Bond in case of a decision by the Corporation to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.

6.1 The CORPORATION will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x) of this Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.

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6.2 The decision of the CORPORATION to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the independent Monitor(s) appointed for the purposes of this Pact.

7 Fall Clause 7.1 The BIDDER undertakes that it has not supplied/is not supplying similar

product/systems or subsystems at a price lower than that offered in the present bid in respect of any other Ministry/Department of the Government of India or PSU and if it is found at any stage that similar product/systems or sub systems was supplied by the BIDDER to any other Ministry/Department of the Government of India or a PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the Corporation, if the contract has already been concluded.

8 Independent Monitor 8.1 The CORPORATION has appointed Independent Monitors (hereinafter

referred to as Monitors)

8.2 For this pact, in consultation with the Central Vigilance Commission. Shri Diwan Chand Arya, Flat No. B2A-102, Golf Link Residency, Sector-18-B, Dwarka, Delhi-75 and Sh. Shahnawaz Ali, Flat No.301, SMR’s Oosman Vinay Heights, Keshav Nagar, Mettuguda, Secunderabad-500 017 have been appointed.

8.3 The task of the Monitor shall be to review independently and objectively,

whether and to what extent the parties comply with the obligations under this Pact.

8.4 The Monitor shall not be subject to instructions by the representatives of the

parties and perform their functions neutrally and independently. 8.5 Both the Parties accept that the monitors have the right to access all the

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

8.6 As soon as the Monitor notices, or has reason to believe, a violation of this

Pact, he will so inform the Authority designated by the Corporation. 8.7 The BIDDER(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Corporation including that

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provided by the BIDDER. The BIDDER will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER/Subcontractor(s) with confidentiality.

8.8 The Corporation will provide to the Monitor sufficient information about all

meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings.

8.9 The Monitor will submit a written report to the designated Authority of

Corporation within 8 to 10 weeks from the date of reference or intimation to him by the Corporation / BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.

9 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the Corporation or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination.

10 Law and Place of Jurisdiction This Pact is subject to Indian Law. The Place of performance and jurisdiction is the seat of the Corporation. 11 Other Legal Actions The actions stipulated in this integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings. 12 Validity 12.1 The validity of this Integrity Pact shall be from date of its signing and extend

upto 5 years or the complete execution of the contract to the satisfaction of both the Corporation and the BIDDER/Seller, including warranty period, whichever is later. In case BIDDER is unsuccessful, this integrity Pact shall expire after six months from the date of the signing of the contract.

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12.2 Should one or several provisions of this Pact out to be invalid; the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.

13 The parties hereby sign this Integrity Pact at ___________ on_________ CORPORATION BIDDER Name of the Officer Designation Witness Witness 1. ______________________ 1._________________________ 2. ______________________ 2. _________________________

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