request for proposal for providing office vehicles - … · selection process. nisg also accepts no...

Request for Proposal

For

Providing Office Vehicles

National Institute for Smart Government

RFP #

Date: 09/05/2018

Blank Page

Request for Proposal For Providing Office Vehicles

© 2017 NISG. All rights reserved Page 1 of 25

Table of Index

1 Disclaimer ........................................................................................................................... 2

2 Definition & Abbreviations ................................................................................................. 3

3 RFP Issuing Authority .......................................................................................................... 5

4 Important Dates.................................................................................................................. 6

5 Pre-Qualification Criteria .................................................................................................... 7

6 Scope of Work .................................................................................................................... 8

7 Contract Duration ............................................................................................................. 10

8 Security Deposit ................................................................................................................ 20

9 Bid Format Document ...................................................................................................... 12

10 Payment Terms ............................................................................................................. 20

11 Penalty .......................................................................................................................... 21

12 Force Majeure ............................................................................................................... 21

13 Arbitration Clause ......................................................................................................... 22

14 Jurisdiction .................................................................................................................... 22



1 Disclaimer

The information contained in this Request for Proposal document (“RFP”) or subsequently

provided to Bidders, whether verbally or in documentary or any other form by or on behalf

of National Institute for Smart Government (NISG), or any of its employees or advisors, is

provided to Bidders on the Terms and Conditions set out in this RFP and such other terms and

conditions subject to which such information is provided.

This RFP is not an agreement and is neither an offer nor an invitation by NISG to the

prospective Bidders or any other person. The purpose of this RFP is to provide interested

parties with information that may be useful to them in the formulation of their Proposals

pursuant to this RFP.

This RFP may not be appropriate for all companies, and it is not possible for NISG, its

employees or advisers to consider the objectives, technical expertise and particular needs of

each party who reads or uses this RFP. The assumptions, assessments, statements and

information contained in this RFP, may not be complete, accurate, adequate or correct. Each

bidder should therefore conduct its own investigations and analysis and should check the

accuracy, adequacy, correctness, reliability and completeness of the assumptions,

assessments and information contained in this RFP and obtain independent advice from

appropriate sources.

Information provided in this RFP to the Bidders is on a wide range of matters, some of which

depend upon interpretation of facts. The information given is not an exhaustive account of

requirements and should not be regarded as a complete or authoritative statement of facts.

The specifications laid out in this RFP are indicated as the minimum requirements whereas

the bidders are expected to focus on the objectives of the project and formulate their solution

offerings in a manner that enables achieving those objectives in letter as well as spirit.

NISG accepts no responsibility for the accuracy or otherwise for any interpretation or opinion

expressed herein. NISG, its employees and advisers make no representation or warranty and

shall have no liability to any person including any Bidder under any law, statute, rules or

regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,

damages, cost or expense which may arise from or be incurred or suffered on account of

anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness,

reliability or completeness of the RFP and any assessment, assumption, statement or



information contained therein or deemed to form part of this RFP or arising in any way in this

Selection Process.

NISG also accepts no liability of any nature whether resulting from negligence or otherwise

however caused arising from reliance of any Bidder upon the statements contained in this

RFP.

NISG may in its absolute discretion, but without being under any obligation to do so, update,

amend or supplement the information, assessment or assumption contained in this RFP.

The issue of this RFP does not imply that NISG is bound to select a Bidder or to appoint the

Selected Bidder, as the case may be. NISG reserves the right to reject all or any of the

Proposals without assigning any reasons whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and submission

of its Proposal including but not limited to preparation, copying, postage, delivery fees,

expenses associated with any demonstrations or presentations which may be required by

NISG or any other costs incurred in connection with or relating to its Proposal. All such costs

and expenses will remain with the Bidder and NISG shall not be liable in any manner

whatsoever for the same or for any other costs or other expenses incurred by an Bidder in

preparation or submission of the Proposal, regardless of the conduct or outcome of the

Selection Process.

2 Definition & Abbreviations

1. “Confidential Information” means any information disclosed to or by any Party to this

Contract and includes any information in relation to the parties, a third party or any

information with regard to any taxpayer, or any other person who is covered within the

ambit of any commercial taxes legislation including any such information that may come

to the knowledge of the Parties hereto / bidder’s Team by virtue of this Contract that:

a. Is by its nature confidential or by the circumstances in which it is disclosed

confidential OR

b. Is designated by the disclosing party as confidential or identified in terms

connoting its confidentiality; but does not include information which is or becomes

public knowledge other than by a breach of this contract.



2. “Contract” means the Agreement entered into between “National Institute For Smart

Government (NISG)” and the “Contractor” as recorded in the Contract form signed by

“NISG” and the ”Contractor” including all attachments and Annexes thereto, the Bid and

all Annexes thereto and the agreed terms as set out in the bid, all documents incorporated

by reference therein and amendments and modifications to the above from time to time:

“NISG” shall mean National Institute For Smart Government and shall include its legal

representatives, successors and permitted assignees.

3. The “Contractor” means the company with whom the order has been placed for

providing services as specified in this tender/contract and shall be deemed to include the

bidder's successors, representatives (approved by NISG), heirs, executors, administrators

and permitted assignees as the case may be, unless excluded by the terms of the contract.

4. “Parties” means NISG and the shortlisted Contractor and “Party” means either of the

Parties.

5. “The Contract Price / Value” means the price payable to the bidder under the

Contract for the full and proper performance of its contractual obligations.

6. “Bidder” shall mean an Individual Company registered under the Companies Act 1956 or

a Consortium of companies registered under the Companies Act 1956 consisting of not

more than two companies as defined in this document which participates in the Bidding

process.



3 RFP Issuing Authority

This RFP is issued by National Institute for Smart Government

Project Title


RFP Issuer

Admin Department

National Institute for Smart Government

5th Floor and 6th Floor , Rear Wing

Mahanagar Door Sanchar Sadan

9 CGO Complex

Lodhi Road

New Delhi – 110003,

India

Contact Person

Ramesh Sangamwar

Phone No.: 011-24321445

Email: [email protected]

Fax: +91-011-24321444

mailto:[email protected]



4 Important Dates

Event Date

RFP Publication Wednesday, 09-MAY-2018

Sale of RFP document – Start Date Wednesday,09-MAY-2018

Bid Submission Closing Thursday, 24-MAY-2018

Bid Opening Shall be intimated later

For any clarification please contact the issuing authority mentioned in the above section.



5 Pre-Qualification Criteria

S. No. Condition Required Document

1 Bidder should be in the business of

transport services from last 10 years.

Bidder need to submit Company

registration

2 Bidder should have a minimum fleet size

of 10 cars.

Registration Certificate of the cars in

the name of Bidder/Company

3 Bidder should have provided similar services to any 2 Central/State Govt./PSU/Corporate departments in last 5 years.

Customer Work Order

4 Earnest Money Deposit (EMD) As per section 12



6 Scope of Work

The scope of the contract includes hiring of three Cars for NISG Office, New Delhi on monthly

basis for a period of one year, from the date of contract. The vehicles will be used by the NISG

employees for airport drop & pick up covering all business meetings in and around Delhi,

Gurgaon, Noida and Faridabad (NCR) as well.

Types of Vehicle Hatch back CAR Petrol & CNG

Make & Model Maruti Suzuki Wagon R

Maruti Suzuki Celerio X

Maruti Suzuki Ignis New

Maruti Suzuki Swift

Tata Bolt

Toyota Etios Liva

Hyundai i20,

Hyundai Grand i10

Or Similar segment

Model & Registration Jan 2017 onwards

Duty hours:

1. Normal Duty hours of the cars shall be from 9:00 AM to 6:30 PM on Monday to Friday,

however, it can be preponed/extended by 2 hours.

2. On the Saturday & Sunday, the cabs can be called, if required.

Terms & Conditions:

1. The vehicle is required to be parked at office premises or at a place (within Delhi/NCR)

directed by NISG Administration during the duty hours.

2. It will be the responsibility of the contractor to ensure that the vehicle is registered as per

the latest Motor Vehicle ACT. The Driver’s License, RC Book and other documents should

always be available with driver and shall be produced to the NISG Administration on

demand.

3. The Vehicle shall also generally carry accessories like tool kit, consumable spare, Umbrella,

torch light, fire extinguisher, first aid box, etc. which are to be arranged by the contractor.



4. The vehicle shall always be provided with decent upholstery, clean seat covers,

comfortable seat cushions, hand rests, window and other basic fittings / accessories /

equipment’s for maximum comfort of the employee. All times shall invariably be in good

condition.

5. The contractor shall submit copies of all relevant documents like registration certificate,

fitness certificate, road permit, and goods tax payment receipt insurance etc. at the time

of agreement.

6. The contractor should press into good quality fuel with posh interiors, noiseless drive and

in perfect running condition, as per requirement.

7. The Noise level outside and inside the vehicle shall always be maintained at a desirable

low level befitting a well maintained vehicle. The doors of the vehicle shall be maintained

in best conditions without allowing any room for noise etc. Vibration in the vehicle shall

always be within desirable / tolerance limits. All servicing / repairs (Major / Minor) are the

responsibility of the contractor.

8. The Vehicle shall have to report for duty as per the prior instructions of the NISG

Administration at the given place and time.

9. The vehicle will be kept absolutely in good running condition and contractor should

maintain the vehicle regularly.

10. In the event of non-availability of the designated vehicle, on any account, the contractor

have to provide suitable alternate vehicle within the usual reporting time.

11. In case of non-availability of the vehicle as per the time and venue instructed by NISG

Administration, due to any reason (such as vehicle break down, vehicle impounded) ,

contractor has to arrange suitable alternate vehicle at the reporting destination within

the usual reporting time. In case it is not made available, then twice the expenses incurred

by NISG Administration, towards arranging alternate vehicle themselves will be recovered

from the contractor.

12. Contractor shall be responsible to ensure that the driver abide by the rules laid down by

the Transport Authority or any Authority relevant to the subject and should always strictly

follow the traffic rules and regulations so as to ensure safety of the passengers. If any

penalty is awarded on the Driver for violation of traffic rules it shall be borne by the

Contractor.

13. The driver shall always be in uniform and shall be courteous, sober and never be under

the influence of liquor / intoxicants while on duty and shall avoid over speeding or

hazardous driving, ensuring safety and comfort of the passengers. The Driver shall be

conversant in Hindi.

14. The driver should possess all documents like driving license, registration certificate,

pollution control certificate etc. and copies shall be provided to the Authority at NSIG.



15. The driver should also have some knowledge of vehicle mechanism so that he could

attend minor repairs and should be well conversant with roads and routed in NCR, Noida,

Gurgaon and adjacent areas.

16. In case the contractor is deputing a substitute Driver, during the leave / absence period

of the regular Driver, the particulars related to be submitted to the NISG Administration.

7 Contract Duration

The contract will be initially for a period of one year, commencing from the date of award.

Thereafter NISG reserves the right to extend the contract for further period as per the same

rates, terms & conditions of the contract. However, if the performance of the contractor is

not found to be satisfactory, NISG reserves the right to terminate the contract without

assigning any reason thereof. In the event of such termination, the contractor shall have no

right to claim for the payment for the balance period.

8 Earnest Money Deposit (EMD)

Bidders shall submit, along with their Bids, EMD of Rs. 25,000/-, in the form of a Account

Payee Demand Draft or Fixed Deposit Receipt or Bankers Cheque or Bank Guarantee (in the

format specified in Annexure - A) issued by any of the commercial banks in favour of “National

Institute for Smart Government”, payable at Delhi, and should be valid up to 45 days from

Bid Validity date.

The EMD, for the amount mentioned above, of successful bidder would be returned upon

submission of Performance Bank Guarantee.

The bid security of all unsuccessful bidders will be returned by NISG at the earliest either after

expiry of the final bid validity or within 30 day after award of the contract to the successful

bidder.

The EMD amount is interest free and will be refundable to the unsuccessful bidders without

any accrued interest on it.

The EMD document shall be submitted in the pre-qualification envelop.

The EMD may be forfeited:

a) If a bidder withdraws its bid during the period of bid validity.



b) In case of a successful bidder, if the bidder fails to sign the contract in accordance with

this RFP.

c) As per terms & conditions specified in this RFP document.

9 Bid Validity

Bid should be valid for 180 days from the last date of bid submission.

10 Language

The Proposal should be filled by the Bidder in English language only. If any supporting

documents submitted are in any language other than English, translation of the same in

English language is to be duly attested by the Bidders. For purposes of interpretation of the

Proposal, the English translation shall govern.

11 Alternative/ Multiple Bids

Alternative/ Multiple/Conditional Bids shall not be considered at all. Bidder can submit only

one bid. In case of alternate/multiple/conditional bid, the bid shall be rejected.

12 Late Bids

The bids submitted by telex/telegram/fax/e-mail etc. shall not be considered. No

correspondence will be entertained on this matter. Bids shall reach NISG office either in

person or speed post/registered courier.

NISG shall not be responsible for any postal delay or non-receipt/ non-delivery of the

documents. No further correspondence on the subject will be entertained.

NSIG reserves the right to modify and amend any of the above-stipulated condition/criterion

depending upon project priorities vis-à-vis urgent commitments.

13 Proposal Preparation Costs

The bidder shall be responsible for all costs incurred in connection with participation in the

RFP process, including, but not limited to, costs incurred in conduct of informative and other

diligence activities, participation in meetings/discussions/presentations, preparation of

proposal, in providing any additional information required by NISG to facilitate the evaluation

process, and in negotiating a definitive contract or all such activities related to the bid process.



NISG will in no case be responsible or liable for those costs, regardless of the conduct or

outcome of the bidding process.

14 Venue & Deadline for Submission of Proposals

Bids, in its complete form in all respects as specified in the RFP, must be submitted to NISG office on or before Bid Submission Closing Date & Time as mentioned at Section 4.

15 Bid Format Document

Bidder has to submit the bid in two sealed envelopes covered in an envelope:

Envelope 1:

1. Should contain the documents required as mentioned in section “Pre-Qualification

Criteria.

2. Bidder shall submit an undertaking on the company letter head stating that:

“To the best of my knowledge and belief that vehicles offered to the NISG are in sound

and safe condition and free of any known defects or faults which would affect its safe

operation under normal use.”

Envelope 2: should contain the financial bid in the format given below.



Financial Bid Format:

A. Fixed Charges

S. No.

Description Rate/Month/Car

(Rs)

Qty Amount for one month

Amount for one Year

(A) (B) C=A*B D=C*12

01 Monthly fixed Hiring charges for:

Three cars with driver, fuel and regular maintenance

Upto 2500 Kms/Month and 260 hrs/Month

______________

3 Cars

______________

______________

B. Bidder need to provide additional per Km and per Hour rates for usage above 2,500 KMs & 260 hours in a month.

S. No.

Description Rate/Month/Car

(Rs)

1 Above 2500 KM

2 Above 260 Hrs/Month

Note:

1. The prices offered shall be FIRM and no escalation in price on account of any reason

whatsoever will be allowed during the currency of the contract. The contract price is

exclusive of GST, and exclusive of check gate, external parking.

2. Bidder need to provide the rates without Taxes.

3. NISG shall pay the applicable IGST on the above rates



4. Value of Column D shall be considered as Bid Value.

5. Toll Tax, State tax, Parking shall be paid by NISG on actuals.

16 Bid Opening Session

NISG will constitute a Proposal Evaluation Committee to evaluate the responses of the

bidders. The Proposal Evaluation Committee constituted by the NISG shall evaluate the

responses to the RFP and all supporting documents / documentary evidence. Inability to

submit document within stipulated time frame will lead to rejection of bid.

The decision of the Proposal Evaluation Committee in the evaluation of responses to the RFP

shall be final. No correspondence will be entertained outside the process of

negotiation/discussion with the Committee.

The Proposal Evaluation Committee may ask for meetings with the Bidders to seek

clarifications on their proposals at any stage. The Proposal Evaluation Committee reserves the

right to reject any or all proposals on the basis of any deviations.

a) Total transparency will be observed while opening the proposals/bids.

b) NISG reserves the rights at all times to postpone or cancel a scheduled bid opening.

The bids will be opened, in the following sessions:

1. Opening of Pre-Qualification

2. Opening of Price Bid

Proposal which does not qualify the Pre-Qualification conditions as mentioned in this RFP

document, shall not be considered for Commercial Bid Opening. Bids shall be opened the

presence of bidders’ representatives who choose to attend the Bid opening sessions on the

specified date, time and address as intimated by the NISG.

17 Bid Evaluation

Bids shall be evaluated at two stages.

1. Pre-Qualification Evaluation



2. Financial Bid Evaluation

Financial bid of the bidders qualified in Pre-Qualification shall be opened on the dates

informed by the NISG.

Financial evaluation shall be done on L1 basis i.e. the bidder who has quoted the lowest

financial bid shall be invited for contract signing.

In case of tie between two or more bidders at the lowest financial bid, bidders shall

be invited for the negotiation. The lowest negotiated offer less shall be awarded the

contract.

In the shortlisted L1 bidder fails to sign the contract then the L2 bidder shall be invited

to negotiate the offer and signing the contract.

18 Withdrawal, Substitution, and Modification of Bids

No bid shall be withdrawn, substituted, or modified after submission.

19 Disqualification

The proposal submitted by the bidder is liable to be disqualified if one or more of the following

conditions are violated.

1. Violation of the bid submission process

a) Commercial proposal and Technical proposal are not submitted in the prescribed

b) If it comes to NSIG’s knowledge expressly or implied, that some bidders may have

compounded in any manner whatsoever or otherwise joined to form a cartel resulting

in delay / holding up the processing of Bid then the bidders so involved are liable to

be disqualified for this agreement.

c) If a bidder submits more than one bid formats and mode as given in the RFP

2. Non-compliance to the conditions of the bidding process

d) The Bid documents are not signed as per guidelines of the RFP

e) The Bid validity period is shorter than the required period

f) The Bid is not submitted in accordance with this document

g) During the validity of the Bid, or its extended period, if any, the bidder revises its

quoted prices



h) The bidder qualifies their bid with their own conditions or assumptions

i) Bid is received in incomplete form

j) Bid is not accompanied by all the requisite documents

3. Fraudulent and corrupt practice

Bidder tries to influence the proposal evaluation process by

unfair/unlawful/corrupt/fraudulent means at any point of time during the bid process

defines, for the purposes of this provision, the terms set forth below as follows:

a) “Corrupt” practice means the offering, giving, receiving, or soliciting of anything of

value to influence the action of a public official in the procurement process or in

agreement execution; and

b) “Fraudulent” practice means a misrepresentation of facts in order to influence a

procurement process or the execution of an agreement to the detriment of the

Purchaser, and includes collusive practices among bidders (prior to or after bid

submission) designed to establish bid prices at artificial, non-competitive levels and to

deprive the purchaser of the benefits of free and open competition;

c) “Unfair trade” practices means supply of goods (computer hardware, software,

printers, networking equipment, etc.) different from what is mentioned in the bid

documents, and includes change of parts/components, use of

refurbished/repaired/substandard/ duplicate parts instead of genuine new parts or

change the specifications and/or make of the company for which the supply order was

given by Purchaser.

4. Consequences of disqualification

a) If a bid or a proposal is disqualified, the bidder will not be eligible to participate in the

bidding process initiated by this RFP.

b) If the proposal/bid is disqualified, it will not be processed further and the same will be

communicated to the bidder. No further correspondence from the bidder with NISG

will be entertained.

c) If the disqualification is for the reasons of fraudulent or corrupt practice, NISG has the

right to initiate actions to blacklist the bidder as per the provisions of the relevant

acts/rules.



20 Right to Terminate the Process

NISG may terminate the RFP process at any time and without assigning any reason. NISG

makes no commitments, express or implied, that this process will result in a business

transaction with anyone.

This RFP does not constitute an offer by NISG. The bidder's participation in this process may

result NISG selecting the bidder to engage towards execution of the contract.

21 Right to Accept Any Proposal and To Reject Any or All Proposal(s)

NISG reserves the right to accept or reject any proposal, and to annul the tendering process

/ Public procurement process and reject all proposals 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 NISG action.

22 Errors & Omissions

Correction of Error

a) Bidders are advised to exercise adequate care in quoting the prices. No excuse for

corrections in the quoted figures will be entertained after the proposals are submitted

to NISG. All corrections, if any, should be initialed by the person signing the proposal

form before submission, failing which the figures for such items may not be

considered.

b) Arithmetic errors in proposals will be corrected as follows:

i. In case of discrepancy between the amounts mentioned in figures and in

words, the amount whichever is less shall govern.

ii. In case of discrepancy between the total price given for a line item /component

and the calculated total price (number of units multiplied by the cost per unit

for that line item), the total price given for a line item /component will be

considered.

iii. The amount stated in the commercial proposal, adjusted in accordance with

the above procedure, shall be considered as binding, unless it causes the

overall proposal price to rise, in which case the proposal price shall govern.

c) The amount stated in the Commercial proposal will be adjusted by NISG in accordance

with the above procedure for the correction of errors and shall be considered as

binding upon the bidder. If the bidder does not accept the corrected amount of

Commercial Proposal, its Proposal will be rejected.



23 Confidentiality

The bidder shall keep the information related to this bid as confidential. The bidder shall note

that the information will be used only for the purposes of this bid and shall not be disclosed

to any third party for any reason whatsoever. The bidder and its personnel shall not either

during the term or after the expiration of this contract, disclose any proprietary or

confidential information relating to the project, services without the prior consent of NISG.

24 Fraud and Corrupt Practices

a) The Bidders/Bidders and their respective officers, employees, agents and advisers

shall observe the highest standard of ethics during the Selection Process.

Notwithstanding anything to the contrary contained in this RFP, the Department shall

reject a Proposal without being liable in any manner whatsoever to the Bidder, if it

determines that the Bidder has, directly or indirectly or through an agent, engaged in

corrupt practice, fraudulent practice, coercive practice, undesirable practice or

restrictive practice (collectively the “Prohibited Practices”) in the Selection Process. In

such an event, the Department shall, without prejudice to its any other rights or

remedies, forfeit and appropriate the Bid Security or Performance Security, as the case

may be, as mutually agreed genuine pre-estimated compensation and damages

payable to the Authority for, inter alia, time, cost and effort of the Authority, in regard

to the RFP, including consideration and evaluation of such Bidder’s Proposal.

b) Without prejudice to the rights of the Department under Clause above and the rights

and remedies which the Department may have under the LOI or the Agreement, if an

Bidder is found by the Authority to have directly or indirectly or through an agent,

engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice during the Selection Process, or after the

issue of the LOI or the execution of the Agreement, such Bidder or Systems

Implementation Agency shall not be eligible to participate in any tender or RFP issued

by the Department during a period of 2 (two) years from the date such Bidder or

Systems Implementation Agency, as the case may be, is found by the Department to

have directly or through an agent, engaged or indulged in any corrupt practice,

fraudulent practice, coercive practice, undesirable practice or restrictive practice, as

the case may be.

c) For the purposes of this Section, the following terms shall have the meaning

hereinafter respectively assigned to them:

i. “corrupt practice” means (a) the offering, giving, receiving, or soliciting,

directly or indirectly, of anything of value to influence the action of any person



connected with the Selection Process (for avoidance of doubt, offering of

employment to or employing or engaging in any manner whatsoever, directly

or indirectly, any official of the Department who is or has been associated in

any manner, directly or indirectly with the Selection Process or the LOI or has

dealt with matters concerning the Agreement or arising there from, before or

after the execution thereof, at any time prior to the expiry of one year from

the date such official resigns or retires from or otherwise ceases to be in the

service of the Department, shall be deemed to constitute influencing the

actions of a person connected with the Selection Process); or (b) save as

provided herein, engaging in any manner whatsoever, whether during the

Selection Process or after the issue of the LOA or after the execution of the

Agreement, as the case may be, any person in respect of any matter relating

to the Project or the LOA or the Agreement, who at any time has been or is a

legal, financial or technical consultant/ adviser of the Department in relation

to any matter concerning the Project;

ii. “fraudulent practice” means a misrepresentation or omission of facts or

disclosure of incomplete facts, in order to influence the Selection Process;

iii. “coercive practice” means impairing or harming or threatening to impair or

harm, directly or indirectly, any persons or property to influence any person’s

participation or action in the Selection Process;

iv. “undesirable practice” means (a) establishing contact with any person

connected with or employed or engaged by Department with the objective of

canvassing, lobbying or in any manner influencing or attempting to influence

the Selection Process; or (b) having a Conflict of Interest; and

v. “Restrictive practice” means forming a cartel or arriving at any understanding

or arrangement among Bidders with the objective of restricting or

manipulating a full and fair competition in the Selection Process.

25 Signing of Contract

a) Upon notification of the outcome of the commercial evaluation, NISG shall issue a

Letter of Intent before entering into an agreement with the successful bidder.

b) The successful bidder shall submit a fresh undertaking of not being blacklisted as on

date of the signing of the agreement.

c) Notwithstanding any delay in signing of agreement, upon acceptance of letter of

intent the bidder shall commence work on the project.

d) NISG shall have the right to annul the award in case there is a delay of more than 30

days in signing of agreement, for reasons attributable to the successful bidder.



e) NSIG does not commit to buy all the items in the quoted price for which pricing has

been sought. Out of the various priced items of the Commercial proposal, NISG will

have the option and the right to buy any combination of services or items. The priced

items which NISG intends to buy will be included in the commercial agreement with

the successful bidder.

f) During the period of the agreement, NISG could buy any of those items which are

included in the agreement and which are part of the quoted price of the bidder. NISG

will have the right to buy those services at the same rate for which the bidder was

selected as the successful bidder. The Price quote for all the services indicated in the

quote will be valid for the complete period of agreement.

g) Once an agreement is signed with the successful bidder based on the commercial

proposal, no adjustment of the agreement value shall be made on account of any

variations in costs of labour and materials or any other cost component affecting the

total cost in fulfilling the obligations under the agreement.

h) The agreement value arrived at shall be the only payment payable by NISG to the

bidder for completion of the contractual obligations by the successful bidder under

the agreement, subject to the terms of payment specified in this document. Applicable

taxes, duties, charges and levies shall be paid on actuals.

26 Failure to Agree with the Terms and Conditions of the RFP

Failure of the successful bidder to agree with the Draft Legal Agreement and Terms &

Conditions of the RFP shall constitute sufficient grounds for the annulment of the award, in

which event NISG may award the contract to the next best value bidder or call for new

proposals from the interested bidders.

27 Notices

Any notice given by one party to the other pursuant to the Contract shall be in writing to the

address specified in the contract. The term “in writing” means communicated in written form

with proof of dispatch and receipt. A Notice shall be effective when delivered or on the

Notice’s effective date, whichever is later.

28 Performance Bank Guarantee

The selected contractor has to submit a bank guarantee of Rs 30,000/- valid for a period of 60

days more than the contract duration (i.e. 1 year 2 months) from any

nationalized/commercial bank at the time of agreement as per the format provide at

Annexure – B.



29 Payment Terms

1. The monthly bills payable shall be released after deduction of statutory levies within 15

working days from the date of submission of bill in proper form.

2. Contractor should submit a bill for the previous month along with the Log sheet duly

signed by the officials. The payment shall be released on monthly basis and after

certification by the concerned Authorities.

3. Income tax will be deducted at source from the monthly bills payable, as per the IT Act

and certificate will be issued as per the statutory regulations.

4. All the road taxes, comprehensive insurance, etc. of the vehicle for the full seating

capacity, will be paid by the contractor at his own cost.

5. For any damage caused to the third party or NISG due to negligence of the driver, the

same will be made good by the contractor at his own cost.

6. Further in the event of hike in fuel cost there shall be no change in the agreed price during

the period of contract.

30 Penalty

If contractor fails to provide the vehicle due to any reason on any day, the recovery will be:

(Quoted Monthly Rate / 30) * 1.5, where Quoted Monthly Rate is column A of the price bid

form provided at section 9.

31 Force Majeure

1. Neither NISG nor the contractor shall be liable for failure to meet contractual obligations

due to force Majeure.

2. Force Majeure impediment is taken to mean unforeseen events, which occur after

commencement of this contract, including but not limited to strikes, blockade, war,

mobilization, revolution or riots, natural disaster, acts of GOD, in so far as such event

prevents or delays the contractual party from fulfilling its obligations.



3. In case the force majeure conditions continue for more than 60 days, both parties shall

discuss the effect of such conditions on the agreement and mutually decide the course of

action to be followed.

32 Arbitration Clause

On the aspect where these terms & conditions are silent or for case relating to deviation from

these terms & conditions, efforts would be made to resolve the issue through mutual

dialogues and consultations between NISG and the contractor. If such a resolution is not

possible then the unresolved disputes and differences shall be referred to the Chief Executive

Officer NISG or General Manager (Accounts /Admin). The decision of the Chief Executive

Officer NISG or General Manager (Accounts and Admin), who will act as an arbitrator, will be

final and binding on both the parties.

33 Jurisdiction

This is a legal binding document in the jurisdiction of Hyderabad, Telangana.



34 Annexure – A – Earnest Money Deposit

1. In consideration of ________________ (hereinafter called “NISG”) represented by

National Institute for Smart Government, on the first part and M/s ____________ of

___________ (hereinafter referred to as “Bidder”) on the Second part, having agreed to

accept the Earnest Money Deposit of Rs. ________ (Rupees _________) in the form of Bank

Guarantee for the Request for Proposal for procurement of _________ we __________

(Name of the Bank), (hereinafter referred to as the “Bank”), do hereby undertake to pay NISG

forthwith on demand without any demur and without seeking any reasons whatsoever, an

amount not exceeding ______ (Rupees _______) and the guarantee will remain valid up to a

period of 225 days from the last date of the bid submission. It will, however, be open to NISG

to return the Guarantee earlier than this period to the System Integrator, in case the System

Integrator does not qualify for the Price negotiations by the Price Negotiations Committee

(PNC) as constituted by NISG after a recommendation is made by the PNC on the bid(s) after

an evaluation.

2. In the event of the bidder withdrawing the tender before the completion of the stages

prior to the Price negotiations or during the Price negotiations, as the case may be, the

Guarantee deposited by the bidder stands forfeited to NISG. We also undertake not to revoke

this guarantee during this period except with the previous consent of NISG in writing and we

further agree that our liability under the Guarantee shall not be discharged by any variation

in the term of the said tender and we shall be deemed to have agreed to any such variation.

3. No interest shall be payable by NISG to the bidder on the guarantee for the period of

its currency.

Dated this______________________day of ____________________ 201

For the Bank of _______________

(Manager)



35 Annexure B - Performance Bank Guarantee

[Date]

From:

Bank _______________

To,

<>

New Delhi

Dear Sir,

1. Whereas NISG has issued the notice of award_______dated_________(hereinafter

referred to as the said Letter of Award or LoA) to M/s__________________________,

hereinafter referred to as the “CONTRACTOR” and the CONTRACTOR has undertaken to

produce a Performance bank guarantee for 10 % of total Contract value amounting to

_________ secure its obligations to the Defence Accounts Department. We the

_______________ bank hereby expressly, irrevocably and unreservedly undertake and

guarantee as principal obligors on behalf of the CONTRACTOR that, in the event that you

declare to us that the services have not been rendered according to the Contractual

obligations under the contract between NISG and CONTRACTOR (hereinafter referred to as

the said Contract), we will pay you forthwith on demand and without demur, all and any sum

up to a maximum of Rupees ____________ (Rupees _____________ only). Your written

demand shall be conclusive evidence to us that such repayment is due under the terms of the

said contract. We undertake to effect payment forthwith upon receipt of such written

demand.

2. We shall not be discharged or released from this undertaking and guarantee by any

arrangements, variations made between you and the CONTRACTOR, indulgence to the

CONTRACTOR by you, or by any alterations in the obligations of the CONTRACTOR or by any

forbearance whether as to payment, time performance or otherwise. Notwithstanding

anything to the contrary, as contained in the said contract, we agree that your decision as to

whether our constituent has made any such default(s) / breach (es), as aforesaid and the

amount or amounts to which you are entitled by reasons thereof, , will be valid, binding and

conclusive on us and we shall not be entitled to ask you to establish your claim or claims under



this Performance Bank Guarantee, but will pay the same forthwith on your demand without

any protest or demur.

3. In no case shall the amount of this guarantee be increased.

4. This guarantee shall remain valid till 90 days beyond duration of the contract.

5. Unless a demand or claim under this guarantee is made on us in writing or on before the

aforesaid expiry date as provided in the above referred contract or unless this guarantee is

extended by us, all your rights under this guarantee shall be forfeited and we shall be

discharged from the liabilities hereunder. This Performance Bank Guarantee shall be in

addition to and not in substitution or in derogation of any other security held by you to secure

the performance of the obligations of our constituent under the Contract.

6. This guarantee shall be a continuing guarantee and shall not be discharged by and change

in the constitution of the Bank or in the constitution of

M/s______________________________.

7. Notwithstanding anything contained herein above:

a) Our liability under this Bank Guarantee shall not exceed and is restricted to Rs.___________

(Rupees__________only)

b) This Guarantee shall remain in force up to and including _________.

c) Unless the demand/claim under this guarantee is served upon us in writing before

_________ all the rights of NISG under this guarantee shall stand automatically forfeited and

we shall be relieved and discharged from all liabilities mentioned hereinabove.

Yours faithfully,

For ____________________ Bank

(Authorised Attorney)

Place: ____________________

Date: ____________________

Seal of the Bank

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