e-procurement notice for...e-procurement notice nit no. omc/e-proc/cmc/04/2019 dated. 04/11/2019 1....

E-procurement Notice

NIT No. OMC/E-PROC/CMC/04/2019 Dated. 04/11/2019

1. Name of the work Empanelment of agencies for providing technical /

professional manpower at various locations of OMC

2. Availability of bid document in

Govt. Portal

05/11/2019 after 05:00PM

3. Last date for sending queries to

OMC

13/11/2019 up to 05:00PM

4. Pre-bid meeting 16/11/2019 at 11.00AM

5. Uploading of final tender

schedule

25/11/2019 up to 05:00PM

6. Last date of online submission

of tender in portal

07/12/2019 up to 05:00PM.

7. Date of opening of Techno-

commercial Bid

9/12/2019 at 11:00AM.

8.

Tender paper fee

Amount: Rs. 5,000/- (Rupees five thousand only) +

GST@18% only through on line as available in

www.tendersodisha.gov.in

9. Submission of EMD The bidder shall have to deposit Rs.50,000.00

(Rupees fifty thousand) ) only through on line as

available in www.tendersodisha.gov.in

All other details can be seen from the tender document available at Govt. web site i.e

www.tendersodisha.gov.in & in OMC website i.e. www.omcltd.in.

OMC reserves the right to reject this tender without assigning any reason thereof.

GENERAL MANAGER (MAT)

The Odisha Mining Corporation Ltd. (A Gold Category State PSU)

Registered Office: OMC House, Bhubaneswar-751001, India

Tel: 0674-2377400/2377401, Fax: 0674-2396889, 2391629, www.omcltd.in

CIN : U13100OR1956SGC000313

http://www.omcltd.in/

The Odisha Mining Corporation Limited

Empanelment of agencies for providing technical / professional manpower in OMC NIT No. OMC/E-PROC/CMC/04/2019, Dated. 04/11/2019

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Glossary of Terms

DSC Digital Signature Certificate

EFT Electronic Fund Transfer

EMD Earnest Money Deposit

FY Financial Year

GST Goods and Services Tax

GSTIN GST Identification Number

GSTR GST Returns

GTE General Technical Evaluation

IFSC Indian Financial System Code

IT Income Tax

ITC Input Tax Credit

MICR Magnetic Ink Character Recognition

MSE Micro and Small Enterprise

MSME Micro, Small & Medium Enterprise

NEFT National Electronic Funds Transfer

NIT Notice Inviting Tender

OMC The Odisha Mining Corporation Limited

PAN Permanent Account Number

PSU Public Sector Undertaking

RTGS Real Time Gross Settlement

SMS Short Message Service

TIA Tender Inviting Authority



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1. NOTICE INVITING TENDER

1.1 The Odisha Mining Corporation Limited invites e-tender for empanelment of

agencies, experienced in providing technical / professional manpower in various

stream, as per the below requirements:

Sl. No.

Domain of expertise

Brief description of required experience of

the agencies

Time period of empanelment

Location for providing the

services

1 Technical/ Professional Manpower for Various stream and departments of OMC

Experience of providing technical / professional manpower during last 3 years

Initially for 0 3 years.

(However, OMC may extend the period for

another two years based on requirement &

satisfactory performance at same rate,

terms & conditions).

OMC office at Bhubaneswar

and other Regional offices

and mines locations

1.2 OMC intends to empanel up to 5 (five) such agencies; based on the number of bids

received, as well as the quality and experience of the agencies who submit their bids,

OMC may choose to empanel a lesser or higher number of such agencies.

1.3 The bids are to be submitted in two parts in two covers, namely: (i) Techno-

Commercial Bid – under Cover I and (ii) Price Bid – under Cover II

1.4 The entire bidding process shall be held on the e-procurement portal of the

Government of Odisha (www.tendersodisha.gov.in). Bidders should possess

compatible & valid Digital Signature Certificate (DSC) of Class‐II or Class‐III.

1.5 The Techno-Commercial Bid shall not contain any information regarding the Price

Bid.

http://www.tendersodisha.gov.in/



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2. DATA SHEET AND SCHEDULE FOR THE TENDER

Sl. No. Parameter Name

1. Name of tender Empanelment of agencies for providing technical / professional manpower at various locations of OMC

2. Type of tender Open tender

3. Mode of tender e-tender

4. E-tender site www.tendersodisha.gov.in

5. Tender paper fee

Amount: Rs. 5,000/- (Rupees five thousand only) + GST@18% only through on line as available in www.tendersodisha.gov.in

6. Earnest Money Deposit (EMD)

Amount: Rs. 50,000/- (Rupees fifty thousand only) only as EMD through on line as available in www.tendersodisha.gov.in

Schedule of the tender process

7. Date of publication of NIT 05/11/2019

8. Last date for sending queries to OMC

13/11/2019 up to 05:00PM. Queries may be sent by email to [email protected] [email protected]

9. Pre-bid meeting 16/11/2019 at 11.00 AM

10. Uploading of final tender schedule

25/11/2019 up to 05:00PM

11. Last date of online submission of tender in portal

07/12/2019 up to 05:00PM.

12. Opening of Techno-Commercial Bids

09/12/2019 at 11:00AM.




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3. SCOPE OF SERVICES

3.1 The Odisha Mining Corporation Ltd, a Gold Category State PSU, intends to empanel

agencies having experience in providing technical / professional manpower in

various streams. The tenure of the empanelment shall be initially for 03 (three)

years. In case of requirement of OMC, the contract period may be extended upto

another 2 (two) years subject to satisfactory performance with same rate, terms &

conditions. During the period of the empanelment, OMC will intimate the

empanelled agencies as and when there is any requirement for deployment of

technical / professional manpower in various stream/department mentioning the

job-requirement, qualification and duration of engagement of specific resources. The

professional fees payable for such manpower deployment shall be as mentioned in

clause no 3.2.4. The bidder shall bid the service charge on percentage (%) in price bid

(BoQ) available in the tender and should be submitted on line.

3.2 The module/stream/department where requirement for deployment of technical /

professional manpower may come up with OMC are as follows:

3.2.1 Illustrative requirement at various department:

Sl. No. Department/Stream Proposed Professional

1 Mining

Senior Professional Junior Professional

2 Finance

3 Procurement

4 Sales & Marketing

5 Human Resource & Industrial Relation

6 Information Technology

7 Geology

8 Business excellence

9 Project Management

10 CSR

11 Contract Management

*The above list is illustrative; OMC may ask professionals for other departments

/professional area that are not mentioned in the above list.

3.2.2 Illustrative Job Responsibility of deployed executives at OMC

Let’s take an example, if a Contract Management executive deployed at OMC

then the job responsibility will be



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JOB DESCRIPTION

Title Sr. CMC Professional Version 1.2

Location OMC Headquarters Date Created ----/----/2019

Job Purpose OMC is planning to set up a centralized Contract Management Cell

(CMC). This role is responsible for supporting the CMC manager in the

functioning of the CMC including as preparation and release of tender

documents, contracts, assisting in contract signing, commercial

monitoring of contracts and overall vendor data management

Key Responsibilities Areas (KRAs) and Key Performance Indicators (KPIs)

# Area of work KRAs

1 Operational Perform the activities related to assessing of proposals from various ROs / different sections in HO

2 Operational Responsible for the day to day activities involved in vendor database management process and keeping the database updated

3 Operational Responsible for the day to day activities in execution of the overall contract signing process

4 Operational Responsible for the day to day activities in the preparation of the Tender and Draft agreement

5 Operational Responsible for day to day activities involved in monitoring and renewal of contracts

6 Operational Perform the procurement related associated activities in the SAP MM Module

Desired Educational/ Professional Qualification and Experience

Academics Experience

Bachelor of Engineering/Technology from an AICTE recognized institute

AND

MBA or equivalent ( Post Graduate Diploma in Management of 2years duration) from recognized Institution .

5 years of experience in procurement of goods and services, for mining companies, particularly in the area of Contract Management

S. No. Key Skills

1 Working knowledge of drafting contracts and contractual terms & conditions and contract management and monitoring

2 Excellent written communication skills - English

3 Understanding of the mining value chain and the requirements of goods & services for a mining company like OMC

4 Excellent negotiation skills - Hindi, English and Odia



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3.2.3 Qualification for Professionals(Illustrative)

The resources provided must be B.E./B.Tech from reputed institutes for technical

departments, CA/ICWA for finance department and MBA/PGDM in respective

stream for commercial departments. Additional qualification in respective field

shall be preferred. OMC shall share the Job description to agency when any

requirement will come up.

3.2.4 Experience of Proposed Professionals

Sl

No

Proposed

professional

Desired Experience of

Professionals

Remuneration/month

1 Senior Professional

Should have at-least 05 years and above of relevant post experience Should have experience in respective domain as per the requirement may come up as mentioned in clause 3.2.1

To be decided by OMC after Pre-bid meeting & shall be reflected in the final tender.

2 Junior Professional

Should have at-least 02 years of relevant post experience Should have experience in respective domain as per the requirement may come up as mentioned in clause 3.2.1

To be decided by OMC after Pre-bid meeting & shall be reflected in the final tender.

3.2.4(a) The proposed professionals should be physically fit and the age should not

be above 65 years.

3.2.4(b) In case during contract period, OMC require Expert Level Professionals then

OMC shall fix the remuneration separately.

3.2.5 Selection Procedure of professional

OMC would share detailed job-requirement, qualification and duration of

engagement of specific resources with all empanelled agencies and request for

resumes of candidates. The agencies shall provide the resumes and OMC would

select the resources for deployment based on qualification, age, post

qualification experience, area of specialization and personal interview.

Agencies shall submit their detailed proposals which shall include the

qualification, age, post qualification experience, area of specialization,

positions/designations of proposed resources in line with the requirement. The

agencies will only submit the required CVs as enclosed in Annexure-5 for

interview.



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The professionals will be selected based on the personal interview and the name

of the selected candidates will be intimated to the concerned empanelled

agency. The salary of the selected candidates to be paid by the agency and the

same shall be reimbursed by OMC on submission of supporting documentary

evidence regarding the payment of salaries as well as statutory dues like EPF, ESI

and professional charges (if any) paid/deposited by the agency in respect of the

deployed professional.

In case the performance of a deployed resource is found unsatisfactory, more

competent resources shall be provided for interview & selection within 15 days.

The resources proposed for interview & deployment must be working directly on

the agencies’ payroll for at least three months. The agencies shall not propose

resources which are recently hired by it and/or are going to be hired by it based

on requirement of OMC. However in case of exigency, OMC may consider the

deployment of professionals beyond the payroll of the concerned empanelled

agency. In such case the selected candidates should be enrolled in the pay roll of

the respective agency before deployment.

3.2.6 Working protocol:

The deployed resources shall be required to:

i. Work in close conjunction with Module/stream in-charge

ii. The resource shall report to concerned sectional head of OMC.

iii. Report to office as per the working hour as scheduled in respective

OMC offices where deployed.

iv. Adhere to working & holiday calendar followed by respective OMC

offices

v. Seek prior approval from module/stream in-charge before availing any

planned leave.

vi. The deployed resource shall follow the rule ,regulation and working

protocol of OMC

vii. The deployed resource shall not disclose any information, document in

the form of soft & hard copy to any one without written permission

from the concerned sectional head.

3.3 Terms and tenure of the empanelment:

3.3.1 The tenure of the empanelment shall be initially for 03 (three) years. In case of

requirement of OMC, the contract period may be extended up to another 2 (two)

years subject to satisfactory performance with same rate, terms & conditions.

3.3.2 In case of insufficient response to any enquiry sent by OMC, OMC reserves the

right to send a fresh enquiry to the empanelled agencies.



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3.3.3 The Letter of Intent (LOI) containing the fixed remuneration of professionals

shall be sent to the Agency. The Agency has to deposit Initial Security Deposit as

per the rate mentioned in ISD clause (6) within seven days of receipt of the LOI,

failing which the EMD of such agency will be forfeited by OMC.

3.4 Location of the work: The location of the work shall be at various mines offices and

Regional offices at different locations as well as the OMC Head office at

Bhubaneswar in the state of Odisha.

3.5 Subletting The professionals proposed by the agencies during the empanelment should be on

the payroll of the agency and should be available to work with OMC, as and when

the requirement of OMC comes up. The agency is not allowed to subcontract,

outsource, sub-let to any third party. The replacement of the proposed professionals

shall not be normally allowed except in the case of resignation, medical incapacity or

demise of such professionals or any other extraneous circumstances beyond the

reasonable control of the agency. Such replacement shall be subject to availability of

professionals of equivalent or better qualifications and experience. Any replacement

of professionals shall be with the written approval of the Module/stream in-charge

from OMC. However, the OMC management reserves the right to refuse any such

approval without being bound to provide any reason or rationale for such decision.

4. Instruction to Bidders

4.1 The bidders intending to participate in this tender are required to register on the e-

procurement portal of the Government of Odisha (www.tendersodisha.gov.in.) This

is a onetime activity for registering on the Government website. During registration,

the bidders will be required to attach a Digital Signature Certificate (DSC) to the

bidder’s unique user ID. The DSC used should be of appropriate class (Class II or

Class III) issued by a registered Certifying Authority. The registration of bidders on

the portal shall be free of cost. The registration should be in the name of the bidder,

whereas the DSC holder should be the duly authorized signatory of the bidder.

4.2 The tender documents shall be available on the state e-procurement portal and the

tender section of the website of OMC (www.omcltd.in/). There shall be no sale of

hard copies of the tender documents. Tenders can be accessed by the prospective

bidders at the above websites and may be downloaded by them free of cost.

4.3 The bids are to be submitted in two covers, consisting of: (i) Techno-Commercial Bid

(under Cover I) and (ii) Price Bid (under Cover II). Both the Techno-Commercial Bid

and the Price Bid have to be submitted on the e-procurement portal of the

Government of Odisha.

https://omcltd.in/



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4.4 The authorized signatory of the bidder should be duly authorized by a Power of

Attorney authorizing him/her to perform all tasks related to tender submission,

including but not limited to sign and submit the bid and to participate in the bidding

process on behalf of the bidder. Also the person will act as nodal officer/contact

person on behalf of the bidder during execution of contract period. The format for

the Power of Attorney is given in Annexure 1 of this tender document. Each page of

all scanned documents submitted as part of the Techno-Commercial Bid should be

initialed by the authorized signatory of the bidder.

4.5 Eligibility criteria for bidders: The bidders participating in this tender should fulfill

the following criteria :

Sl. No. Eligibility Criteria Required Documents

1. The Bidder should be a company and should be registered under Indian Companies Act 1956 / 2013.

Copy of Certificate of Incorporation/ registration as the case may be. Copy of MOA and Articles of Associations should be attached

3. The bidder should have valid PAN and GSTIN

Copy of PAN and GSTIN should be attached

4. Average Annual Turnover from manpower outsourcing services during the last 03 (three) Financial years ending on 31st March 2019 should be at least 100 (Hundred) Crores. The Bidder should be a profit-making (at PAT level) company for the last 03 (three) financial years ending on 31st March 2019

Audited Balance sheet and Profit & Loss statement along with certificate of statutory auditor certifying turnover of the bidder from manpower outsourcing services only for the 03 (three) preceding financial year i.e. 2016-17, 2017-18, 2018-19 as per Annexure-7

5. The bidder should not have been blacklisted/ debarred from participating in any bid by OMC or any other Government/ private organization during any of the last 03 years. If later on, it is found that the Bidder has suppressed / submitted false / misleading / incorrect information; the Bidder will be black listed for a period of five years.

An undertaking to this effect should be submitted in non-judicial stamp paper duly notarized as per Annexure-2.

6. The bidder shall have successfully carried out at least 03 (Three) technical /

Copies of Work Order with Completion



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professional manpower supply contract in State or Central Government organizations/ PSUs /Private organization (whose turnover above 100 Cr during any financial year proceeding three consecutive Financial Years ending on 31.03.2019) in India of value not less than 01(one) Cr. each during the last 03(Three) years.

Certificate/ Continuation Certificates. In case of experiences Pvt. Company, copy of Balance Sheet, Profit /Loss, account of that company shall be attached.

7. The bidder should have a minimum strength of 100(Hundred) technical / professionals in its payroll.

List of employees (technical / professionals) working with the organization containing their qualification /technical / professional degree and experience. (These employees should be on the membership list of EPF/PF trust)

8. The company should have registration under the Employees Provident fund act 1952, State Insurance Act 1948 and Contract Labor Act.

Copy of EPF registration certificate, ESI registration certificate, Labor License, latest EPF challan

4.5.1 Other criteria: The bidder shall also meet the following criteria:

i) Bidding in the form of a consortium is not allowed.

ii) Valid registration: The bidder shall be registered on the e-

procurement portal of the Government of Odisha.

iii) Tax related: The bidder shall have valid PAN, GSTIN in its name and

documents in support of the same should be submitted by the bidder

as part of its Techno-Commercial Bid. Copy of recently filled (for the

month preceding the month in which tender is floated). GST return

(GSTR-1 & 3B) duly attested by the authorized signatory.

4.6 Earnest Money Deposit (EMD)

4.6.1 The Bidder shall furnish, as part of its bid, an EMD of Rs. 50,000- (Rupees fifty

thousand) only to be deposited through on line. Instruction to be followed for

on line payment available in e-procurement portal during processing of the

tender by the bidder.

4.6.2 Earnest money deposit (EMD) on submission/ cancellation of bids:



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EMD as mentioned above only shall be submitted through online in the portal

of Govt. of Odisha i.e. at www.tendersodisha.gov.in.

The EMD of the rejected bidders will be refunded to the account from where

the money has been debited. After financial evaluation, the EMD of bidders

other than empanelled bidder will be credited to their respective account

through e-procurement portal.

After signing of the Agreement with the Preferred Bidders on submission of

required Initial Security Deposit by the empanelled Bidder, the EMD of the

said bidders will be refunded to their respective account through e-

procurement portal.

In case of cancellation of the tender before bid opening date and time, the EMD shall be refunded.

EMD of the Bidder liable to be forfeited if the bidder withdraws the bid or

make any changes to the BID before Finalization of the BID.

The Bidders, who are Local Micro & Small Enterprises (MSEs) registered with

respective DICs, Khadi, Village, Cottage and Handicraft Industries, OSIC &

NSIC shall be exempted to deposit EMD amount and shall pay 25% of the

Performance Security/Initial Security Deposit.

The bidders are required to attach scanned copy of relevant documents

evidencing such exemption granted, along with the Techno-Commercial Bid

document while submitting online.

The bidder, who does not submit EMD amount claiming exemption but does

not submit relevant document, is ineligible for bidding.

4.7 Bid validity period: The bid shall initially remain valid and binding on the bidder for

at least 180 (one hundred eighty) days from the last date of submission of the bid.

Any bid with a shorter validity period shall be rejected by OMC. Under exceptional

circumstances, OMC may in writing request the bidders to extend the bid validity

period of their bids. A bidder may refuse the request of OMC to extend their bid,

without forfeiture of its EMD and the EMD of such bidder will be returned to the

concerned bidder. However, such bids will not be evaluated further.

4.8 Pre-bid meeting: A pre-bid meeting shall be organized by OMC; the date and time of

the pre-bid meeting is indicated in the Data Sheet and Schedule for the Tender.

Bidders willing to attend the pre-bid meeting shall inform OMC by email, authorizing

the officials/ representatives of the bidder who would be attending the meeting, at

least 1 (one) working day before the pre-bid meeting so that adequate meeting

arrangements can be made by OMC. However, attendance of the bidders at the pre-

bid meeting is not mandatory. A maximum of two officials/ representatives from




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each bidder may attend the pre-bid meeting. All costs of the bidder related to

attending the pre-bid meeting shall be borne by the bidder.

4.9 Issue of clarifications: Bidders may also send their queries & queries received after

the last date for sending queries (as per the Data Sheet and Schedule for the Tender)

may not be considered by OMC. The responses to the queries shall be discussed in

the pre-bidding and if necessary amendment to the tender document shall be made.

4.10 Issue of corrigendum / amendment: At any time prior to the bid due date, OMC may

at its own initiative or in response to a query or clarification requested by a

prospective bidder, issue corrigendum/ amendment to the tender documents, which

shall be freely available for download on its website and also on the e-procurement

portal of the Government of Odisha and the same shall also be considered to be part

of the tender documents. In order to give bidders a reasonable amount of time to

take into account such corrigendum / amendment, OMC may at its own discretion

also extend the bid due date.

4.11 Acknowledgement by the bidder: It shall be deemed that by submitting its bid, the bidder has:

i) received all relevant information requested from OMC;

ii) accepted the risk of inadequacy, error or mistake in the information provided

in the tender documents or furnished by or on behalf of OMC relating to any of the matters related to this tender or otherwise;

iii) satisfied itself about the scope of empanelment services being followed by OMC, to be delivered and the extant conditions and all matters, things and information necessary and required for submitting an informed bid;

iv) acknowledged and agreed that inadequacy, lack of completeness or incorrectness of information provided in the bidding documents or ignorance of any of the matters shall not be a basis for any claim for compensation, damages, extension of time for performance of its obligations, loss of profits etc. from OMC;

v) agreed to be bound by the undertakings provided by it under and in terms; and

OMC shall not be liable for any omission, mistake or error in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to the tender documents or the bidding process, including any error or mistake therein or in any information or data given by OMC.

4.12 Right to accept or reject any/ all bids: Notwithstanding anything contained in the tender documents, OMC reserves the right to accept or reject any bid and to annul the bidding process and reject all bids, at any time without any liability or any



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obligation for such acceptance, rejection or annulment, and without assigning any reasons thereof. OMC reserves the right to reject any bid if at any time, a material mis-representation is made or uncovered, or the bidder does not provide, within the time specified by OMC.

4.13 Language of the bid: The bid and all related correspondence and documents in relation to the bidding process shall be in the English language. Supporting documents and printed literature furnished by the bidder with the bid may be in any other language provided that they are accompanied by translations of all the pertinent passages in the English language, duly authenticated and certified by the bidder. Supporting materials, which are not translated into English, may not be considered. For the purpose of interpretation and evaluation of the bid, the English language translation shall prevail. The English translation of the documents shall be carried out by professional translators and the translator shall certify that he is proficient in both languages in order to translate the document and that the translation is complete and accurate.

4.14 Bid to be submitted by bidders: The bid to be submitted by bidders shall consist of the Techno-Commercial Bid and the Price Bid.

4.14.1 Techno-Commercial Bid: Bidders shall have to submit their Techno-

Commercial Bid on the e-procurement portal of the Government of Odisha.

The Techno-Commercial Bid should consist of clear and legible scanned

copies of all the required documents and should be submitted within the bid

due date, as indicated in the Data Sheet and Schedule for the Tender. The

Techno-Commercial Bid should contain no Price Bid related information. The

Techno-Commercial Bid shall consist of the following:

i) Power of Attorney (as per the format given in Annexure 1) in favor of

the authorized signatory of the bidder who shall also be the DSC holder. Please refer to Clause 4.4 for further details

ii) Proof of payment of EMD; in case of local micro & small enterprise

bidders who are exempted from submission of EMD, the bidder

should submit a copy of their latest and current valid registration

certificate as well as relevant documentary evidence regarding their

exemption from payment of EMD. Please refer to Clause 4.6 for

further details.

iii) Documents towards fulfillment of eligibility criteria: Please refer to

Clause 4.5 and Sub Clause 4.5.1, for further details of documents to

be submitted in this regard.



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iv) Documents related to the experience, credentials and personal of the

bidder as required for determining the Technical Score (Ts) of the

bidder – please see Clause 4.24.

v) Techno-Commercial Bid checklist as per Annexure 4

4.14.2 Price Bid: The Price Bid shall be submitted online in the e-tender portal of the

Government of Odisha in Cover-II. The Price Bid shall be the rate of “Service

Charge” in % for providing the required technical / professional manpower

services to OMC.

4.15 Material deviation

Material deviations in the bids received shall include, inter alia, the following: i) The Techno-Commercial Bid does not contain and/ or is not accompanied by

all of following documents: a) Proof of payment of EMD or exemption related documents. Please

refer to Clause 4.6 for further details.

b) Documents towards fulfillment of eligibility criteria; please see Clause 4.5 for details.

ii) Bidder shall submit the Curriculum vitae (as per the format given in Annexure

5) and other requisite documents towards the qualification, experience and other criteria for person to be deployed including documentary evidence.

iii) The bid submitted by the bidder is valid for the minimum bid validity period, as per Clause 4.7.

4.16 Opening of Techno-Commercial Bids: The Techno-Commercial Bids shall be opened as per the schedule indicated in the Data Sheet and Schedule for the Tender. The Techno-Commercial Bids shall first be evaluated to determine whether they are complete, whether the required documents have been submitted in the correct formats and whether the documents have been properly signed by the authorized signatory and whether the Techno-Commercial Bid is generally in order. It will be determined whether the Techno-Commercial Bid is of acceptable quality, is generally complete and is substantially responsive to the tender documents. For purposes of this determination, a substantially responsive Techno-Commercial Bid is one that conforms to all the terms, conditions and specifications of the tender documents without any material deviations (as defined in Clause 4.15), objections, conditional or reservations.

4.17 A Techno-Commercial Bid which is not substantially responsive, may be rejected by OMC, and may not subsequently be made responsive by the bidder by correction of



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the material deviations, as defined in Clause 4.15.No request for correction in the Techno-Commercial Bid will be allowed. The responsive Techno-Commercial Proposals shall then be evaluated in detail to determine whether they fulfill the eligibility criteria (as given in Clause 4.5) and other requirements of the tender, such as submission of all the requisite documents as listed in Clause 4.14.

4.18 OMC may waive any non-conformity in the Bid that does not constitute a material deviation, reservation or omission. OMC may request the Bidder to submit information or documentation, to rectify non-material nonconformities in the Technical-Commercial Bid related to documentation requirements. Requesting information or documentation on such non-conformities shall not be related to any aspect of the Price Bid. Failure of the Bidder to comply with the request of OMC may result in the rejection of its Bid. OMC, however, is not bound to waive such non-conformity under this Clause.

4.19 If required, OMC may ask bidders to provide clarifications on their bid or provide shortfall documents. The request for clarification and the response shall be in writing.

4.20 Evaluation of Techno-Commercial Bids: The Techno-Commercial Bids received by OMC, shall first be evaluated by OMC to check if they meet the below requirements: i) whether the Techno-Commercial Bid has been properly signed by the

authorized signatory of the bidder;

ii) whether the Techno-Commercial Bid is accompanied by the required EMD or proof of exemption thereof;

iii) whether the bidder has quoted the Bid validity which is not shorter than the required bid validity period;

iv) whether the bidder is qualifying as per the eligibility criteria for bidders, as per Clause 4.5; and

v) Whether the Techno-Commercial Bid is unconditional.

The Techno-Commercial Bids which fulfill the above criteria shall be evaluated further in accordance with the scoring criteria given in Clause 4.24 and a Technical Score( Ts ) shall be assigned to each such Techno-Commercial Bid. Techno-Commercial Bids which do not fulfill the above criteria shall not be evaluated further and shall not be considered to be technically qualified. Techno-Commercial Bids which fulfill the above criteria and which receive a score of 70 (seventy) or higher out of 100 shall be considered to be technically qualified bids. Accordingly the list of technically qualified bidders shall be prepared.

4.21 Opening and Evaluation of Price Bids



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4.21.1 The Price Bids of only the techno-commercially qualified bidders shall be opened.

A comparative statement shall be prepared as per Clause 4.14.2.

In the Price Bid, the bidders shall quote “Service Charge” in percentage (%) to be

calculated only on the remuneration fixed by OMC for any categories of manpower

required by OMC i.e. the bidder has to quote single rate for service charge

irrespective of type of manpower proposed in Cl. No: 3.2.

4.21.2 OMC retains the right to negotiate the Service Charge quoted by the agency after financial evaluation, to arrive at a lowest price before awarding the assignments. The negotiated service charge as decided is to be accepted by all the empanelled agencies.

4.22 The bidders achieving the top 5 (five) technical scores, Ts shall be empanelled by OMC. However, based on the number of bids received, as well as the quality and experience of the agencies who submit their bids, OMC may choose to empanel a lesser number of such agencies. In case the technical scores of two or more bidders are identical, the bidders will be ranked on the basis of their financial turnover, i.e. the bidder with higher financial turnover will be assigned a higher rank while identifying the top 5 (five) ranked bidders for empanelment.

4.23 Empanelment of bidders: After completion of the evaluation of the bids, the tender and procurement committee (TPC) of OMC shall recommend the qualified bidders for empanelment and Letter of Intent (LOI) shall be sent to successful bidders for empanelment.



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4.24 Technical scoring criteria: The scoring criteria for computation of the Technical Score, Ts is specified below:

Sl. No.

Criteria Max. score

Marking scheme

Documents to be submitted in the Techno-Commercial Bid

Other Requirements

1 Experience of the agency 50

1A Number of Years’ Experience for supplying manpower

15 >=3 Years and < =5 Years : 5 Marks

> 5 Years and < 10 Years : 10 Marks

> =10 Years : 15 marks

Work order along with completion certificate or Continuation certificate of the work for the min. period of 06 (Six) month for a single contract or more, commencing from FY 2016-17 shall be considered for technical scoring and the work of the year preceding FY 2016-17 shall be considered for higher scoring.

The experience shall be considered on contracts of supplying technical / professional manpower.

1B Number of Technical / professional manpower supplied during the last 3 years in Government/ Semi-Government/ Autonomous Bodies/ Government Authorities / Public Limited Companies/ Private organizations

15 >=100 and <200: 5 Marks

>=200 and < 500 : 10

Marks

>= 500 : 15 Marks

Work order along with completion certificate/Continuation certificate The bidder shall submit the list of deployed professionals by name and Copy of EPF challan where the name of the deployed professionals should be there or employment certificate of the professionals.

The professionals should be on the payroll of the bidder.

1C The bidder shall have successfully carried out at least 03 (Three) technical / professional manpower supply contract in State or Central Government organizations/ PSUs /Private organization (whose turnover above 100 Cr.) in India of value not less than 1

10 >=3 Contracts and <=5 : 5 Marks > 5 Contracts: 10 Marks

Work order along with completion certificate



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Sl. No.

Criteria Max. score

Marking scheme


Other Requirements

Cr. during the last 5 years.

1D Relevant quality certificate from a recognized institution

5 Any ISO / other relevant certificate will be considered

Copy of Valid Certificates

1E Presence in Odisha for the last 3 year 5 >=3 and <5 years: 2 marks

>=5 and <10 years: 3 marks

>= 10 years: 5 marks

Relevant authenticated document

such as Client certification, PO etc. of work executed/executing in Odisha has to be attached.

2 Turnover 20

2A The average turnover of the bidder from providing manpower services in the last 3 (three) financial years (FY 2017-18, FY 2016-17 and FY 2015-16) should be at least 100 Cr. Other income, non-service and income from other services rather than manpower supply, shall not be considered for arriving at the annual turnover

20 >= 100 and <200 Crores : 5 marks >=200 Crores and <500 : 10 Marks >=500 Crores and <800 :15 Marks >=800 Crores :20 Marks

Audited annual accounts along with a certificate from statutory auditor certifying the turnover from manpower outsourcing service during the preceding three financial year 2016-17, 2017-18, 2018-19.

3 Presentation 30

3A The bidder shall present relevant experience of the firm, existing manpower strength and managerial staffs, experience of working with Govt/PSU/Multinational companies/ companies of national repute etc

30 Bidders will be called to make a presentation to OMC.

The eligible bidders shall be requested to make a presentation on their proposal, to TPC constituted for the purpose. OMC may also ask to arrange interaction with senior officials of the company where bidder providing manpower



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Sl. No.

Criteria Max. score

Marking scheme


Other Requirements

supply.

Technical Score, Ts 100



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5. Termination of Contract

The contract can be terminated by OMC with written notice of 30 days. However, during the execution of contract, both the parties shall discharge their due obligations.

5.1 Termination by OMC a) OMC reserves the right to suspend any of the Services and/or terminate this

Agreement in the following circumstances:

Agency becomes the subject of bankruptcy, insolvency, winding up, receivership proceedings or

If the performance of the agency is found to be non-satisfactory and falls below expectations of OMC;

If the engaged service provider resorts to unfair practices;

If the engaged service provider provides false information consciously;

If the engaged service provider fails to meet targets as agreed mutually or as per agreed bar chart of activities if any.

Misconduct by the technical/professional manpower provided by the Agency;

If OMC, in its sole discretion and for any reason whatsoever, decides to terminate the contract.

If the service provider fail to comply with any final decision reached as a result of civil court proceedings

If the service provider becomes insolvent or bankrupt, go into liquidation etc. or does not abide to the code of conduct.

In the event of any direction issued by the Govt., OMC shall have right to terminate the contract with proper notice.

The service provider shall be intimated in writing, to improve its performance. If the performance is not improved within 30 days, OMC may terminate the contract.

5.2 Termination for Default: b) OMC may without prejudice to any other remedy for breach of contract,

(including forfeiture of Initial Security Deposit) by written notice of default sent to the Implementer, terminate the Contract in whole or in part.

If the agency fails to deliver any or all of the services within the time period(s) specified in the Contract, or any extension thereof granted by OMC, or



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If agency fails to perform any other obligation under the Contract to the satisfaction of OMC.

5.3 Conditions for Termination a) Upon occurrence of an event of default as set out in above-mentioned

Section 5.2, OMC will deliver a Default notice in writing to the agency, which shall specify the reason of default, and give the other agency an opportunity to correct the default within 30 days.

b) At the expiry of notice period specified in Section 5.1 unless the agency receiving the default notice remedied the default, OMC may terminate the Agreement.

5.4 Force Majeure: 5.4.1 Any delay in or failure of performance by either party to this contract shall not

constitute default hereunder or give rise to any claims for damages/compensation against said party, if and to the extent caused by matters beyond the control of said party including but not limited to, Act of God, general strikes or other concerned acts of workmen, lock-outs, ordinary severe weather and civil commotion.

5.4.2 Neither party can claim any compensation from the other party on account of Force Majeure event.

5.5 Liquidated Damage:

5.5.1 If the empanelled agency fails to deploy manpower service within the original delivery period, unless such failure is due to force majeure situation, as per clause No

5.4 or due to OMC’s default, liquidated damage shall be imposed an amount equivalent @2% of the value of the service order (excluding Taxes) of delayed portion per month or part thereof subject to maximum @10% of the total ordered value excluding Taxes. GST on penalty shall be recovered in addition to the penalty amount.

5.5.2 OMC at any time feels & ascertain that the agency is not in a position to deliver manpower service within the deployment period or taking no steps for deployment of manpower, it shall be open to the management to cancel the service order and a limited tender may call among the empanelled agency.

5.6 Waiver of Penalty: If at any time during the Contract, the agency should encounter conditions impending timely performance of service, the agency shall promptly notify to OMC in writing of the fact of the delay, it’s likely duration and its cause(s). As soon as practicable after receipt of the bidder’s notice, the OMC shall evaluate the situation and may at its discretion waive the penalty on the request of the agency.

5.7 Time period for mobilization:



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The service provider shall be given a time period of 15 days from the date of issue of the LOI/PO, towards mobilization of professional and start of work else the LOI/PO and contract shall be cancelled along with forfeiture of Initial Security Deposit.

5.8 Manpower deployment In respect of all manpower deployed by the service provider for the delivery of services to OMC, the service provider shall comply with all legislations and rules of State and/or Central Government or other local authority notified from time to time governing the protection of health, sanitary arrangements, wages, welfare and safety for professional employed for the works. The rules and other statutory obligations with regard to the minimum wages, EPF, ESI, welfare and safety measures, maintenance of registers etc. shall be deemed to be part of the contract.

5.8.1 The service provider is required to obtain a Labor License from the appropriate authority for the persons so deployed by the bidder as provided under the prevailing contract labor(R&A)Act.

5.9 Statutory Laws

All prevailing statutory laws and regulation / acts and rules etc. as applicable to this contract shall be complied by the service provider. In case of failure by to do so, OMC may its discretion ensure compliance directly on its behalf and recover the expenses including penalties from you and/or takes such action as deemed fit at your risk and at your cost. You shall always keep the company indemnified against all dues, claims; payments of benefits relating to the employees engaged by you and shall reimburse such money as may be demanded by the company.

5.9.1 The service provider shall engage manpower according to the statutory

provisions specified in several employment Acts and shall be responsible for compliance with the applicable laws during the contract period including but not restricted to the following:

i) Minimum Wages Act, 1948

ii) Payment of Wages Act, 1936

iii) Mines Act 1952 and Rules, 1955

iv) Workmen’s Compensation Act,

v) Contract Labour (R&A) Act, 19

vi) Payment of Bonus Act,

vii) Employees PF and Miscellaneous Provision Act

viii) Employees State Insurance Act

ix) The Maternity Benefits (Mines) Rules, 1963

x) Factories Act, 1948

xi) Leave and Leave Encashment



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5.9.2 In case the service provider fails to observe and perform and discharge its / his obligation under the applicable laws, OMC shall recover from the service provider any cost or expenses that it may have incurred or suffered on account of failure of the service provider.

5.9.3 The service provider shall abide by the decision / recommendation / award of the labour court/ industrial tribunal / wage board or commissions appointed by the appropriate authority and shall arrange implementation of the decision / recommendation / award from time to time and maintain such relevant records and registers as are required to be maintained under the Applicable Laws including such legislation / award / decision and produce them before the OMC and other authorities as and when required under any Applicable Laws.

5.9.4 The service provider shall be fully responsible for his workers with regard to terms of employment / non-employment and condition of service. OMC will not be held responsible in any manner whatsoever in respect of the worker engaged by the service provider for carrying out the job in OMC.

5.9.5 All the statutory liabilities and obligations should be taken into account while

quoting of rate by the service provider and payment to its workers to be made accordingly.

5.9.6 There will be no relationship of Employer – Employee between the OMC and

man-power engaged by the service provider under the contract and no claim of employment will be entertained or tenable. It shall be the responsibility of service provider to regulate and effect any terms of employment with the engaged manpower without any liability whatsoever to the OMC.

5.9.7 Normally no accommodation shall be provided. However in case of availability, OMC may consider for providing the same on chargeable basis as applicable.

5.10 Indemnity Contractor/service provider shall indemnify, defend and hold OMC harmless against:

a. Any and all third party claims, actions, suits or proceedings against OMC, for any loss of or damage to property of such third party, or death or injury to such third party, arising out of breach by the service provider/contractor of any of its obligations under the Agreement, except to the extent that any such claim, action, suit or proceeding has arisen due to a negligent act or omission, breach of the Agreement, or breach of statutory duty on the part of OMC, its suppliers and contractors, employees, servants or agents; and

b. any and all losses, damages, costs, and expenses including legal costs, fines, penalties and interest actually suffered or incurred by OMC from third party claims arising by reason of breach by the service provider/contractor of any of its obligations under the Agreement, except to the extent that any such losses, damages, cost & expenses including



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legal costs, fines, penalties and interest (together to constitute “Indemnifiable Losses”) have arisen due to negligent act or omission breach of the Agreement, or breach of statutory duty on the part of OMC, its suppliers or contractors, employees, servants or agents or any of the representations; and

c. to the extent of the value of free issue materials to be issued till such time the entire Contract is executed and proper account for the free issue materials is rendered and the left over/surplus and scrap items are returned to OMC. The contractor shall not utilize OMC’s free issue materials for any job other than the one contracted out in this case and also not indulge in any act, commission or negligence which will cause/result in any loss/damage to the OMC and in which case, the Contractor shall be liable to OMC to pay compensation to the full extent of damage/loss and undertake to pay the same.

OMC remains indemnified (even if the Contract ends pre-maturely) towards all or any obligations due to OMC by the Bidder and shall continue to remain in force till such time all or any such claims are suitably addressed. (Please refer to the format for Indemnity Bond attached at Annexure – H)

5.11 Providing services/ support

5.11.1 The service provider’s personnel shall be used for providing work / services as

specified by OMC in this tender. In case the personnel of the service provider deployed at OMC is found engaged in doing any work other than the above or found not capable / useful, the service provider shall withdraw him/her from service and arrange for replacement within 7 days of time at their own cost. Misconduct by the manpower deployed by the service provider shall be replaced with suitable candidate.

5.11.2 The service provider shall be responsible for any physical damage to equipment, property and third party liabilities caused by acts on part of its deployed manpower at the premises of OMC. All equipment shall be used only for the purpose of carrying out legitimate business of OMC and shall not be put in any other use.

5.11.3 The manpower deployed by the service provider shall maintain office decorum. They shall be courteous, polite and cooperative and able to help the personnel of OMC and resolve their problems. The service provider shall verify the character antecedents before providing CVs of professionals and deploying any person at OMC premises. Personnel deployed by the Service Provider will have no criminal antecedents; same will be verified and certified by the service provider.



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5.11.4 OMC reserves the right to deduct amount from the Initial Security Deposit as may be considered reasonable for unsatisfactory services or delay in providing of services. The decision of OMC will be final in this regard.

5.11.5 Medical or any other allowances to the professional deployed will not be borne by OMC. It will be the responsibility of the service provider.

5.11.6 The service provider shall keep the present and permanent address with contact details, educational and technical qualification details, specimen signature, and two passport size photographs of the persons deployed in OMC and furnish the details/information to OMC, as and when required.

5.11.7 The manpower deployed at Head Office (Bhubaneswar) will be entitled to avail Gazetted holidays of the Government of Odisha and 12 (twelve) days of leave on annual basis. In case of posting of candidate at Regional Offices/Mines additional 15 days compensatory leave shall be granted on annual basis in lieu of Gazetted holidays of Govt. of Odisha with 12 (twelve) days of leave on annual basis. Any other leave will be treated as un-paid and incase of absence from the duty, the payable remuneration will be appropriated accordingly

5.12 Cessation of rights

5.12.1 Cessation of rights and obligations Upon termination of the contract pursuant or upon expiration of the contract, all rights and obligations of both the parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality, (iii) the service provider’s obligation to permit inspection, copying and auditing of their accounts and records and (iv) any right which a party may have under the Applicable Law

5.12.2 Cessation of services Upon termination of the contract by notice of either party to the other, the service provider shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum.

5.12.3 Payment upon Termination: Upon termination of this contract, OMC shall make the following payments to the service provider (after offsetting against these payments any amount that may be due from the service provider to OMC): i) Remuneration for services satisfactorily performed prior to the effective date of termination.

6. Initial Security Deposit (ISD):



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The empanelled bidders have to deposit Initial Security Deposit as per following rate in

shape of DD drawn on any Nationalized/Scheduled Bank, favoring “The Odisha Mining

Corporation Limited”, payable at Bhubaneswar within 07(seven))days of issue of LOI.

Amount of Initial Security Deposit shall be:

Rs.1,00,000 (Rupees One Lakh Only)

The ISD deposited shall be released after completion of service order in relation to which

ISD is deposited. The ISD shall be released subject to satisfactory compliance of all

statutory laws and acts as applicable. The Initial Security Deposit shall be released on

receipt of recommendation from the concerned Sectional Head.

The Initial Security Deposit shall be for due and faithful performance during the

empanelment period and is liable for forfeiture in the following cases;

If the successful bidder denies to deploy required manpower after issuance of LOI or signing of agreement, or

If the successful bidder suspend the manpower deployment before completion period.

7. Payment Terms

7.1 The monthly remuneration of professionals fixed by OMC as at Clause No: 3.2.4 .

7.2 The monthly remuneration as fixed shall be paid by the concerned empanelled agency through bank credit by 7th of the succeeding month

7.3 The respective empanelled agency shall deposit monthly EPF and ESI dues in respect of professionals deployed in OMC with appropriate authority within stipulated period.

7.4 The agency shall submit Tax invoice in original as per service order which shall be certified by the concerned nodal officer towards performance of the agency

7.5 Tax invoice chargeable to the OMC containing the fixed remuneration as per the work order/LOI issued and statutory dues(i.e EPF, ESI, Professional charges if any) deposited shall be reimbursed including service charges of agency after every month of services rendered if found in order.

7.6 The empanelled agency has to submit adequate documentary proof of payment of monthly remuneration through bank along with documentary proof of EPF and ESI deposit, attendance data of the concerned professional which will be certified by concerned Module/stream in-charge of OMC, based on which invoice will be raised within 20th of subsequent month by Empanelled Agency failing which they may be processed by OMC only in the next month. The payment will be made subsequently based on the invoice data. The list of documents to be submitted for invoice processing is given in Annexure 10.

7.7 The empanelled agency is responsible relating to the payment of gratuity, bonus, leave salary, compensation under Workmen Compensation Act and Industrial Dispute Act in respect of their professionals deployed at OMC.



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7.8 TDS under IT Act and any other Act as applicable & statutory deductions as per Govt.

norm shall be deducted from the bills. All bills are to be submitted as per GST Act &

Rules as applicable

7.9 The payments shall be made directly to the bank account of the agency. No cash

payment is allowed.

7.10 GST Clause

i) Bidders should have registration under the GST Act.

ii) The agency whose services are taken by OMC has to raise invoices as required

under section 31 of the GST Act and relevant rules made there under.

iii) The invoice should contain the particulars as required under Rule 46 of CGST

Rules.

iv) The agency should file the GST Returns as required in the GST Acts, and details

of invoice submitted to OMC and GST amount charged thereon should reflect

in Form GSTR-2A within a reasonable time, so as to make OMC enable to take

Input Tax Credit (ITC) of the GST amount paid against those invoices.

v) If due to any reason attributable to the agency, the input credit of the GST

amount paid on invoices raised by the agency is not available to OMC/ or is

denied to OMC, then the same will be recovered from the dues of the agency

or the agency has to deposit an equivalent amount with OMC.

vi) The agency has to comply with all the provisions of the GST Act, and rules and

notifications issued there under.

vii) The agency hereby undertakes to indemnify OMC, from any liabilities arising in

future due to non-compliance by the agency of the GST Act, rules and any

other Acts currently in force and applicable to the agency by OMC.

8. Price Fall clause:

The price charged for the services delivered by the agency shall in no event exceed

the lowest price at which the agency provides similar services to any person(s)/

organisation(s) including OMC or to the Central Government or State Government

departments or any Public Sector undertakings of the Central or a State

Government, as the case may be, during the tenure of the empanelment. If any

agency reduces its price or provides or even offers to provide the similar services, at

a price lower than the rates under this empanelment, to any person or organization

during the tenure of the empanelment, the person rates shall be automatically



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reduced with effect from that date for the subsequent delivery of all services under

this empanelment.

9. Dispute Resolution, Confidentiality, IP Rights & Legal matters

9.1 Dispute Resolution: Any dispute, difference or controversy of whatever nature

howsoever arising under, or out of, or in relation, to this tender between OMC and

the agency, and so notified in writing by either party to the other party shall, in the

first instance, be attempted to be resolved amicably and the parties agree to use

their best efforts for resolving all disputes arising under or in respect of this tender

promptly, equitably and in good faith. In the event of any dispute between the

parties, it is agreed that a discussion shall be held between the agency and OMC

within 7 (seven) days from the date of reference to discuss and attempt to amicably

resolve the dispute. If such meeting does not take place within the 7 (seven) day

period or the dispute is not amicably settled within 15 (fifteen) days of the meeting,

the dispute shall be decided by the Civil Court of competent jurisdiction at

Bhubaneshwar within the period as specified under the Law of Limitation. There

shall be no arbitration between Parties. The provisions of Arbitration & Conciliation

Act,1996 as amended from time to time, will have no application to the present

work.

9.2 Governing law and jurisdiction: This tender shall be construed and interpreted in

accordance with and governed by the laws of State and Central Govt. in force in India,

The Courts at Bhubaneshwar shall have exclusive jurisdiction over all matters arising

out of or relating to this tender.

9.3 Infringement of Copyright by the Agency: If the agency has chosen to use software

on which, a person other than the successful bidder/agency has intellectual property

rights and such other person disputes the use of the said software for the proposed

solution for the OMC, then the OMC would not be held responsible for any legal

consequences, liabilities arising out of the same.

9.4 Limitation of liability: Notwithstanding anything contained herein, Agency shall not

be liable for any indirect, exemplary, special, punitive, consequential or incidental

loss, damage, claims, liabilities, charges, costs, expense or injury (including, without

limitation, loss of use, data, revenue, profits, business and for any claims of any third

party claiming through Agency) that may arise out of or result from this Agreement

and the aggregate liability of Agency, under this Agreement, shall not exceed the

total fees actually received by it under this Agreement as of the date such liability

arose.

9.5 Right to risk purchase: If the agency fails to deliver the services as per the agreed

schedule with OMC, OMC shall have the right to procure the services from any other

agency and recover from the agency all charges/expenses/losses/damages suffered



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by OMC, at the risk and cost of the agency, after giving 15 (fifteen) days of notice to

the agency. This will be without prejudice to the rights of OMC for any other action

including termination of the empanelment and forfeiture of the Initial Security

Deposit.

9.6 Blacklisting:

Bidder shall sign an Integrity Pact (Annexure - 9) and furnish an affidavit (Annexure - 2) as prescribed. In the event it is not signed and submitted by the Bidder, his bid is liable to be summarily rejected at the threshold (techno-commercial stage) and such a bid shall be returned to the Bidder without opening its price bid. However, the Bidder can be sent for HOLIDAYING for one year if:

a) not responded to request for quotations/tenders consecutively 3 times without

b) performance is below specified standard and/or below approved /specified limits,

c) the service provider is undergoing any process for removal from registration and

During the said one-year period, his/their name/case shall not occur for any consideration to award a Contract. A notarized declaratory format that it is not banned or blacklisted in shape of an affidavit shall be signed and submitted by the Bidder. If, however, the affidavit is not submitted, or it is found to be tainted with perjury at a latter point of time, OMC shall be entitled to take punitive measures such as termination of the Contract, banning, blacklisting apart from forfeiture of EMD & other deposits (please refer to the format of affidavit to be sworn and submitted by the Bidder attached as Annexure - 2).

Blacklisting/Banning of a business concern/entity or supplier may be resorted to in

following cases:-

(i) If Director of the business concern/entity is convicted by a Court of Law,

following prosecution under the normal process of Law for an offence

involving moral turpitude in relations to business dealings;

(ii) If the business concern/entity refuses / fails to return the OMC’s dues without

adequate cause;

(iii) If internal violation of important conditions of contract/agreement.

(iv) Any other violation as may be decided by the Competent Authority.

(v) If security consideration of the state i.e. any action that jeopardize the security

of the State.



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(vi) If there is justification/proof for believing that the Proprietor or Partner or

Director of the Concern/entity has been guilty of malpractices such as bribery,

corruption, cheating, fraud, cartelization and tender fixing etc.

(vii) If the business concern/entity is a concern/entity evader of Central / State

taxes / duties for which OMC has received notice from the concerned

department of Central / State Govt.

(viii) If submission of false/fabricated/forged documents for consideration of a

tender.

9.7 Compliance to Social Accountability – 8000 standard

9.7.1 OMC has implemented SA-8000 International standard. As part of due diligence

to meet SA-8000 requirement, the bidder / agency shall be required to ensure /

adhere to the following in the entire supply chain:

I. The organization shall not engage in or support any form of child labour.

II. The organization shall refrain any form of forced labour.

III. The organization shall provide safe work place and healthy work environment

and shall adhere to all statutory provisions / notifications, rules and

regulations made thereunder.

IV. The organization shall respect the right of worker to organization themselves

and bargain collectively.

V. The organization shall not allow or support any form of discrimination among

its workers and shall not engage in or tolerate any form of corporal

punishment.

VI. The organization shall follow the statutory rules and regulation pertaining to

normal working hours.

VII. The organization shall respect the right of the workers to minimum wages as

prescribed by State / Central Government from time to time.

VIII. The organization shall meet all requirement specified by this international

standard from time to time.

9.7.2 OMC shall conduct a due diligence survey (through questionnaire) in your

organization as step towards further extension of the commitment towards

Social Responsibility in our supply chain.



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10. E-tendering Process

10.1 The e-tendering process shall be held on the e-procurement portal of the

Government of Odisha (www.tendersodisha.gov.in). All the steps involved starting

from hosting of tenders till determination of the empanelled bidders shall be

conducted on line on the e-procurement portal.

10.2 There shall be no sale of hard copies of the tender from the offices of OMC. The

tenders can be accessed by the prospective bidders on the website

(www.tendersodisha.gov.in) and may be downloaded by them free of cost.

10.3 In order to submit a bid, the bidders have to get themselves registered online on the

e-procurement portal with valid Digital Signature Certificate issued by any Certifying

Authority or their authorized agencies. The online registration of the bidders on the

portal will be free of cost and one time activity only. The registration should be in the

name of bidder, whereas DSC holder may be either bidder himself or his duly

authorized signatory.

10.4 The bidder will have to accept unconditionally the online user portal agreement

which contains the acceptance of all the terms and conditions including commercial

and general terms and conditions and other conditions, if any, along with on-line

undertaking in support of the authenticity of the declarations regarding the facts,

figures, information and documents furnished by the bidder on-line in order to

become an eligible bidder. No conditional bid shall be allowed / accepted.

10.5 The bidder will have to give an undertaking online that if the

information/declaration/scanned documents furnished in support of the same in

respect of eligibility criteria are found to be wrong or misleading at any stage, they

will be liable to punitive action.

10.6 The bidder shall have to submit their Techno-Commercial Bid and Price Bid on-line.

The bidders will have to upload a scanned copy of the Techno-Commercial Bid in

Cover-I; the Price Bid is to be submitted in Cover-II.

10.7 Procedure for bid submission and payment of EMD

10.7.1 Log on to e-procurement portal: The bidders have to log onto the e-

procurement portal of the Government of Odisha

(www.tendersodisha.gov.in) using their digital signature certificate and then

search and then select the required active tender from the "Search Active

Tender" option. Thereafter the submit button can be clicked against the

selected tender so that it opens the "My Tenders" section.




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10.7.2 Uploading of the Techno-Commercial Bid and the Price Bid: The bidders have

to upload the required Techno-Commercial Bid and the Price Bid, as

mentioned in the tender document

10.7.3 Electronic payment of EMD: The EMD is to be paid using a single banking

transaction. The bidders have to select and submit the bank name as

available in the payment options. A bidder shall make electronic payment

using his/her internet banking enabled account with designated banks or

their aggregator banks. The payment gateways of the designated banks

(State Bank of India/ ICICI Bank, HDFC Bank) is integrated with the e-

procurement portal. A bidder having account in other banks can make

payment using NEFT/RTGS facility of designated banks. Online NEFT/RTGS

payment can be done using internet banking of the bank in which the bidder

holds his account, by adding the account number as mentioned in the challan

as an interbank beneficiary.

10.7.4 Bid submission: Only after receipt of intimation at the e-procurement portal

regarding successful transaction by bidder, the system will activate the

'Freeze Bid Submission' button to conclude the bid submission process.

10.7.5 System generated acknowledgement receipt for successful bid submission:

System will generate an acknowledgement receipt for successful bid

submission. The bidder should make a note of 'Bid ID' generated in the

acknowledgement receipt for tracking their bid status.

10.7.6 Settlement of Earnest Money Deposit on submission of bids: The bank will

remit the Earnest Money Deposit on cancellation of bids to respective

bidder’s account as per direction received from the tender inviting authority

through e-procurement system.

10.7.7 Forfeiture of EMDs: The forfeiture of EMD on submission of bid of defaulting bidder may be occasioned for various reasons. In case the EMD on submission of bid is forfeited, the e-procurement portal will direct the bank to transfer the EMD value from the Pooling Account of SPC to the registered account of the tender inviting authority, i.e. OMC.

10.8 Technical Parameter Sheet: The Technical Parameter Sheet containing the technical

specification parameters for each tendered item will be in Microsoft Excel format (or

any other format) and will be uploaded by OMC during tender creation. This will be

downloaded by the bidder and all the required information on this file shall be

furnished by the bidder during bid submission. Thereafter, the bidder will upload the

same file during bid submission in the General Technical Evaluation (GTE). In case the

Technical Parameter Sheet is incomplete and not submitted as per the instructions



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given, the bid shall be summarily rejected by OMC without any further reference to

the bidder.

10.9 Price Bid: The price bid containing will be in Microsoft Excel format (or any other

format) and will be uploaded by OMC during tender creation. This will be

downloaded by the bidder and will be used to quote the Price Bid, exclusive of

applicable taxes & duties etc. Thereafter, the bidder will upload the same Microsoft

Excel file during bid submission in cover-II. The Price Bid of the bidders will have no

conditions. Any Price Bid which is incomplete and not submitted as per the

instructions given shall be summarily rejected by OMC without any further reference

to the bidder.

10.10 The Price Bid to be quoted shall comprise of the following components:

Position/ Designation/Catagory

Service Charge in % (Excluding GST)

Senior Professional

Junior Professional

10.11 Modification of bids: Modification of the submitted bid shall be allowed online only

before the bid due date. A bidder may modify and resubmit the bid online as many

times as he may wish before the bid due date and not thereafter. No request in this

regard will be accepted by OMC.



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11. Annexure 1: Format for Power of Attorney

(to be executed on non judicial stamp paper and to be duly notarized)

Known all men by these presents, we …………………………………………….. (name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./ Ms. (name), …………………… son/daughter/wife of ……………………………… and presently residing at …………………., who is presently employed with us and holding the position of ……………………………. , as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our tender against the NIT no. OMC/MAT/E-PROC/10/2019 dated 1st July, 2019 published by the Odisha Mining Corporation Limited for the “Empanelment of agencies for providing technical / professional manpower in OMC”, including but not limited to signing and submission of all applications, bids, other statutory documents and invoices etc as required by OMC in writings, AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us. IN WITNESS WHEREOF WE,…………………………., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2019. For Witnesses ………………………………………………………………….. 1. (Signature, name, designation and address)

2.

Accepted (Signature) (Name, Title and Address of the Attorney)



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12. Annexure 2: (Affidavit by the deponent that it is not Banned/Blacklisted)

(to be executed on non judicial stamp paper and to be duly notarized)

Sub: Tender No: ____________ Date:_________________

In response to the Tender Document above stated, I/We hereby declare and solemnly swear that our Company/ firm ___________________ is not banned/blacklisted as on date by any competent court of Law, forum or any State Government or Central Government or their agencies or by any statutory entities or any PSUs. AND, if at any stage the declaration/statement on oath is found to be false in part or otherwise, then without prejudice to any other action that may be taken, I/We, hereby agree to be treated as a disqualified Bidder for the ongoing Contract. In addition to the disqualification our concern/entity may be banned/blacklisted. AND, that I/We, shall have no right whatsoever, to claim for consideration of my/our bid at any

stage and the money deposited in the form of EMD shall be liable for forfeiture in full, and the

tender, if any to the extent accepted may be cancelled.

Signature of the Deponent

(Authorized signatory of the Bidder with Seal)

Date:

Place:



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13. Annexure 3: Mandate Form - on the Letterhead of the Bidder

To


OMC House, Post Box No. – 34, Unit 5, Bhubaneswar

Odisha – 751001

Sub: Mandate for payment through electronic mode i.e. EFT/NEFT/RTGS

Dear Sir,

We are hereby giving our consent to get all our payments due from The Odisha Mining Corporation

Ltd. through electronic mode i.e. EFT/NEFT/RTGS. We also agree to bear all the bank charges

payable in this regard.

(Please furnish the information in capital letters)

1. Name of the bidder

2. Address of the bidder

PIN Code

IT PAN

E-mail ld Mobile No

Phone FAX No

3. Bank Particulars:

Bank Name

Branch Name

Branch Place

Account No.

Account Type Saving/Current/Cash Credit Branch State

RTGS Enable Yes/No NEFT Enabled Yes/No Core-Bank Enabled * Yes/No

Branch Code MICR Code IFSC Code

* In case of bidders having Bank account in Andhra Bank

4. Effective Date



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We hereby declare that the particulars furnished are correct & complete. If any transaction is

delayed or not effected for incomplete/incorrect information/any other technical reasons, we will

not hold the OMC Ltd. responsible.

Date Signature of the Bidder

Certified that the bank particulars furnished are correct as per our record.

Date: Signature of the bank with

seal



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14. Annexure 4: Check-list for the Techno-Commercial Bid

(to be enclosed with the Techno-Commercial Bid)

1. Name of the bidder, postal address & registered Office:

2. Type of organization:

3. Contact name & designation of the authorized signatory of the bidder & contact number:

4. Official email, phone, fax:

5. Official website:

Sl. No. Documents to be submitted Complied Documents

1 Signed copy of this check list with stamp

2 Power of Attorney (Ref: Clause 4.14.1 (i))

3 Proof of payment of EMD / documents related to exemption from the same (Ref: Clause 4.14.1 (ii))

4 Documents in support of meeting the Technical Capacity - towards requirements of Clause 4.5.

5 Documents in support of meeting the Financial Capacity - towards requirements of Clause 4.5

6 Documents in support of meeting the other criteria specified as part of the eligibility criteria - towards requirements of Clause 4.5.1

7 Bank details for refund of EMD through e-payment (Ref: Clause 4.14.1 (iv))

8 Documents related to the experience,

credentials and personal of the bidder, as

required for determining the Technical Score, Ts

of the bidder (Ref: Clause 4.24)

9 The Techno-Commercial Bid contains no Price Bid related information

Not applicable

Date Signature of the Bidder



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15. Annexure 5: Format for Submission of Curriculum Vitae (CV)1

<Name of the Personnel>

Summary:

<Summary of the experience, qualifications and other credentials of the personnel>

1. Name of the personnel:

2. Name of Agency:

3. Date of Birth: Citizenship:

4. Education:

College/ University Attended Degree/ Certificate Date Obtained

5. Languages:

6. Employment Record:

From (Year) To (Year) Employer Positions held

7. Details of Professional certifications:

8. List of all works done in last 3 years:

Sl. No. Details of the Value of the Name of the Date

1 to be accompanied by the necessary documentary evidence regarding the qualifications and experience of the professionals

Color passport

size photograph

of the personnel



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Work

Work

Client/ Customer

9. Certification:

I. I, the undersigned, certify to the best of my knowledge and belief that:

II. This CV correctly describes my qualifications and my experience.

III. I am not currently employed by OMC.

IV. In the absence of medical incapacity, I am willing and will be available to deliver

required services at OMC during the tenure of the empanelment and any agreed

extension thereof.

V. I, the undersigned, certify that to the best of my knowledge and belief, this

curriculum vitae correctly describes me my qualification and my experience.

VI. I understand that any willful misstatement described herein may lead to my

disqualification or dismissal, if engaged and forfeiture of EMD

Date:

To be signed by the personnel and the authorized signatory of the agency



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16. Annexure 6: Agreement between OMC and Agency for empanelment

Ref: [•]

This Agreement (hereinafter called the “Agreement”) is made on this [•] the day of the month of [month], [year].

BETWEEN The Odisha Mining Corporation Limited, an undertaking of the Government of Odisha and having its head office at OMC House, Bhubaneswar-751001 (hereinafter referred to as “OMC”, which expression shall, unless repugnant to or inconsistent with the context, mean and include its successors and assigns) of the first part.

AND M/s. [•], a company incorporated under the provisions of the Companies Act, 1956/2013 or a LLP registered under LLP Act or a firm established in India and having its registered office at [•] (hereinafter referred to as the “agency” which expression shall unless repugnant to or inconsistent with the context, mean and include its successors and assigns) of the other part. WHEREAS

i. The agency, in the ordinary course of its business, is engaged in providing

professional manpower services to its clients, and have been empaneled by OMC vide letter of empanelment no. [•] dated [•];

ii. on the basis of the said empanelment, OMC has enlisted the agency to undertake

certain, described in Clause 1 (the “Scope of Work”) and thereafter the agency and OMC have mutually agreed to the terms & conditions as set out here;

iii. the agency is being engaged to provide the required services for a period of [•] days/

months on the terms and conditions set forth in this Agreement;

NOW THEREFORE THE PARTIES hereby agree as follows: 1. The mutual rights and obligations of the agency and OMC shall be as set forth in the

tender, in particular:

(a) The agency shall provide their services in accordance with the provisions as laid down in tender ; and

(b) OMC shall make payments to the agency in accordance with the provisions as per the payment clause of the tender.



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1. Conditions of Agreement (a) The time period for delivering the scope of services shall be for a tenure of [•]

([●]) days/ months from the effective date of the Agreement.

(b) The Agreement shall be governed by the laws of India and the courts of

Bhubaneshwar shall have exclusive jurisdiction over all disputes arising under, pursuant to and/or in connection with this Agreement

(c) This Agreement has been executed in English, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Agreement

All the terms and conditions as per the tender schedule vide No….. shall be

applicable for this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their respective authorized representatives on the day and year first before written. For and on behalf of Odisha Mining Corporation

For and on behalf of M/s.

(Authorized Representative) (Authorized Signatory) Name: Name: Designation: Designation: Odisha Mining Corporation Name of the agency: OMC House, Bhubaneswar-751001 Address: In presence of the following witnesses Name: Name: Designation: Designation: Odisha Mining Corporation Name of the agency: OMC House, Bhubaneswar-751001 Address:

Annexure 7: Bidders Organization and Experience

[Provide here a brief (maximum 10 pages) description of the background of the organization]



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Annual Turnover* in last three years

(in Lakhs) FY 2018-19: FY 2017-18: FY

2016-17:

Average Annual Turnover for above

three Financial Years:

*Audited Statements to be enclosed

Audited Net worth of Agency as on 31.03.2019 (Positive/ Negative):

Experience in Similar Assignment:

Number of years:

Total assignments:

Assignments completed in last 3 years:

Name of Assignments with Start date and end date:

: Location: No. of Site Professionals-Months: Duration of Assignment:

Type of Manpower Supplied

Any Award or Felicitation received by

your Agency:

Any Other Relevant Details:

Annexure 8: Indemnity Bond

(To be furnished in Stamp paper as per Stamp Act)



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(Stamp Paper should be purchased in the name of the Service provider)

This deed of Indemnity executed by …….………………………… hereinafter referred to as 'Indemnifier' which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representative and assignees in favour of M/s. Odisha Mining Corporation Ltd., Bhubaneswar, hereinafter referred to as the ‘Indemnified’ which expression shall unless repugnant to the context or meaning thereof, include its successors and assignees witnesses as to. Whereas the indemnified herein has awarded to the Indemnifier herein a purchase order/ service order for the supply of ………………………………………………. on terms and conditions set out inter alia in the Purchase order/ Service Order No………………………………………………. valued at Rs…………………(Rupees ………….. only) And Whereas, it is required under the above mentioned purchase order/ service order to provide an Indemnity bond to the indemnified to safeguard its interest, to be free from defect due to faulty material or workmanship for a period of………………………..calendar months from the date of receipt of stores or ………… actual working hours from the date of commissioning whichever is earlier of the stores supplied by the Indemnifier to the indemnified. The indemnifier hereby irrevocably agrees to indemnify the indemnified that for any and all claims, liabilities, damages, losses, costs, charges, expenses, proceedings & actions of any nature whatsoever made or instituted against or caused to be suffered by the Indemnified directly or indirectly by reasons of.

I. any wrongful, incorrect, dishonest, criminals, fraudulent or negligent work default, failure, bad faith, disregard of its duties and obligation, act or omission by the Indemnifier.

II. any theft robbery, fraud, or other wrongful action or omission by the Indemnifier and /or any of its staff

The indemnifier hereby irrevocably agrees to indemnify the indemnified that any items/ services loaned by indemnified for use by the indemnifier in the event of the products/ services getting damaged/ non-operational, or such that it affects its life guarantee, the indemnifier shall as may be deemed necessary repair or make good the defective assets at site, free of cost, within a reasonable time specified by the indemnified or reimburse the pro-rata cost of the stores to the extent the life not achieved as per the guarantee, or supply spare stores for the defective portion only free of cost at site in respect of the purchase order/ service order obligations that emanate from the same already referred to the extent of ₹.………………(Rupees………………………………………………… only)

For ……………………………………………………………………

(Signature with Name and Designation) Station: Date: Company Seal Witness



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1…………………………………………..

Signature with Name, Designation and Address

2…………………………………………..

Signature with Name, Designation and Address

Annexure 9: Integrity pact

Integrity Pact

Between



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The Odisha Mining Corporation Limited (OMCL) hereinafter referred to as "The Principal",

and

..................................................... hereinafter referred to as "The Bidder/ Contractor"

Preamble

The Principal intends to award, under laid down organizational procedures, Contract/s

for............................................. The Principal values full compliance with all relevant laws of

the land, rules, regulations, economic use of resources and of fairness / transparency in its

relations with its Bidder(s) and / or Contractor(s).

Section 1 - Commitments of the Principal

1. The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles: -

a) No employee of the Principal, personally or through family members, will in connection

with the tender for, or the execution of a Contract, demand; take a promise for or accept,

for self or third person, any material or immaterial benefit which the person is not legally

entitled to.

b) The Principal will, during the tender process treat all Bidder(s) with equity and reason.

The Principal will in particular, before and during the tender process, provide to all Bidder(s)

the same information and will not provide to any Bidder(s) confidential / additional

information through which the Bidder(s) could obtain an advantage in relation to the tender

process or the Contract execution.

c) The Principal will exclude from the process all known prejudiced persons.

2. If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this

regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate

disciplinary actions.

Section 2 - Commitments of the Bidder(s)/ Contractor(s)

The Bidder(s)/ Contractor(s) commit themselves to take all measures necessary to prevent

corruption. The Bidder(s)/ Contractor(s) commit themselves to observe the following

principles during participation in the tender process and during the Contract execution. a)

The Bidder(s)/ Contractor(s) will not, directly or through any other person or firm, offer,

promise or give to any of the Principal's employees involved in the tender process or the

execution of the Contract or to any third person any material or other benefit which he/ s

he is not legally entitled to, in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the Contract.



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b) The Bidder(s)/ Contractor(s) will not enter with other Bidders info any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to prices,

specifications, certifications, subsidiary contracts, submission or non-submission of bids or

any other actions to restrict competitiveness or to introduce cartelization in the bidding

process.

c) The Bidder(s)/ Contractor(s) will not commit

any offence under the relevant IPC/PC Act; further the Bidder(s)/ Contractor(s) will not use

improperly, for purposes of competition or personal gain, or pass on to others, any

information or document provided by the Principal as part of the business relationship,

regarding plans, technical proposals and business details, including information contained or

transmitted electronically.

The Bidder(s)/Contractors(s) of foreign origin shall disclose the name and address of the

Agents/representatives in India, if any. Similarly, the Bidder(s)/Contractors(s) of Indian

Nationality shall furnish the name and address of the foreign principals, if any. Further

details as mentioned in the "Guidelines on Indian Agents of Foreign Suppliers" shall be

disclosed by the Bidder(s)/Contractor(s). Further, as mentioned in the Guidelines all the

payments made to the Indian agent/representative must be in Indian Rupees only.

e) The Bidder(s)/ Contractor(s) will, when presenting their bid, disclose any and all payments

made, is committed to or intends to make to agents, brokers or any other intermediaries in

connection with the award of the Contract.

2 The Bidder(s)/ Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences.

Section 3 - Disqualification from tender process and exclusion from future contracts

If the Bidder(s)/Contractor(s), before award or during execution has committed a

transgression through a violation of Section 2, above or in any other form such as to put

their reliability or credibility in question, the Principal is entitled to disqualify the

Bidder(s)/Contractor(s) from the tender process or take action as per the procedure

mentioned in the Guidelines on Banning of business dealings in the manual of OMC.

Section 4 - Compensation for Damages

1 If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3, the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit/ Bid Security.

2 If the Principal has terminated the Contract according to Section 3, or if the Principal is

entitled to terminate the Contract according to Section 3, the Principal shall be entitled to

demand and recover from the Contractor liquidated damages of the Contract value or the

amount equivalent to Performance Security.



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Section 5 - Previous transgression

1 The Bidder declares that no previous transgressions occurred in the last three years with

any other Company in any country conforming to the anti-corruption approach or with any

Public Sector Enterprise in India that could justify his exclusion from the tender process.

If the Bidder makes incorrect statement on this subject, he can be disqualified from the

tender process or action can be taken as per the procedure mentioned in Guidelines on

Banning of business dealings in the manual of OMC.

Section 6 - Equal treatment of all Bidders/ Contractors/ Subcontractors

1 In case of Sub-contracting, the Principal Contractor shall take the responsibility of the

adoption of Integrity Pact by the Sub-contractor.

2 The Principal will enter into agreements with identical conditions as this one with all

Bidders and Contractors.

3 The Principal will disqualify from the tender process all bidders who do not sign this Pact

or violate its provisions.

Section 7 - Criminal charges against violating Bidder(s)/ Contractor(s)/ Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of

an employee or a representative or an associate of a Bidder, Contractor or Subcontractor

which constitutes corruption, or if the Principal has substantive suspicion in this regard, the

Principal will inform the same to the Chief Vigilance Officer, OMC.

Section 8 - Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12

months after the last payment under the Contract, and for all other Bidders 6 months after

the Contract has been awarded. Any violation of the same would entail disqualification of

the bidders and exclusion from future business dealings.

If any claim is made / lodged during this time, the same shall be binding and continue to be

valid despite the lapse of this pact as specified above, unless it is discharged / determined

by MD/ Chairman/ CMD of OMC.

Section 9 - Other provisions

1 This agreement is subject to Indian Law. Place of performance and jurisdiction is the

Registered Office of the Principal, i.e. Bhubaneswar.

2 Changes and supplements as well as termination notices need to be made in writing. Side

agreements have not been made.

3 If the Contractor is a partnership or a consortium, this agreement must be signed by all

partners or consortium members.



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4 Should one or several provisions of this agreement turn out to be invalid, the remainder of

this agreement remains valid. In this case, the parties will strive to come to an agreement to

their original intentions.

5 In the event of any contradiction between the Integrity Pact and its Annexure, the Clause

in the Integrity Pact will prevail.

_______________________ _____________________________

(For & On behalf of the Principal) (For & On behalf of the Bidder/Contractor)

(Office Seal) (Office Seal)

Place -------------

Date

Witness 1:

(Name & Address) _________________________

_________________________

_________________________

_________________________

Witness 2:

(Name & Address) _________________________

_________________________

Annexure 10: List of document for Invoice Processing

Sl. No. Aspect of bill processing Documentary requirements

1 Monthly invoice based bill processing

— Submission of attendance records, counter- signed by OMC’s designated officer, as a mark of acceptance/ verification



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2 Invoice/ bill raised by the service provider

— Submission of invoice in duplicate — To be stamped and signed by the authorized

signatory of the service provider — Pre-receipted and affixed with a revenue

stamp — All invoices and documents (in hard

copy)shall be certified and counter signed by OMC’s designated module in-charge and/or nodal officer and also self- certified by the authorized officer of the service provider.

— Bank statement as proof of payment of salary/ remuneration to the professionals deployed at OMC

— Proof of payment statutory dues – EPF & E S I (as applicable) as well as other statutory dues(like bonus, leave salary, gratuity, retrenchment benefit etc) if any paid.

— Monthly return submitted to the RPFC & other statutory authorities relating to the preceding month.

— Copy of GST return (presently GSTR-1 & GSTR-3B) for the month proceeding to the month of invoice duly certified by the agency failing that no GST shall be released.

3 Release of Initial Security Deposit (ISD) – to be released 3 (three) months after completion of the scope of services

— Copy of completion certificate issued by OMC’s designated key contact and/or nodal officer, as a mark of acceptance of satisfactory completion of the scope of services