ESIC: TECHNO-COMMERCIAL BID DOCUMENT

FOR

ENGAGEMENT OF AGENCY FOR PROVISION OF TECHNICAL MAPOWER (IT) SUPPORT

FOR ESI CORPORATION ___________________________________________________ TTEENNDDEERR LLEETTTTEERR COVERING LETTER PPRREEQQUUAALLIIFFIICCAATTIIOONN TTEENNDDEERR DDOOCCUUMMEENNTT::

SECTION - A I. BACKGROUND II. AN OVERVIEW OF IT PROJECT AND INFRASTRUCTURE IN

ESIC III. INDICATIVE SCOPE OF THE WORK AND TERMS OF

REFERENCE IV. PRE-QUALIFICATION CRITERIA V. SUBMISSIONS TO BE MADE

SECTION - B II.. METHOD OF APPLICATION IIII.. INSTRUCTIONS TO APPLICANTS SECTION- C (Forms – to be filled in by bidders for pre- qualification) i. FORM : ‘A’- Registration / Incorporation of firm ii. FORM ‘B’ -Details of Experience iii. FORM ‘C’ -Details of Financial Position iv. FORM ‘D’ -Details of Technical Manpower

FFIINNAANNCCIIAALL BBIIDD DDOOCCUUMMEENNTT SSEECCTTIIOONN::11

I. FINANCIAL PROPOSAL II. TERMS & CONDITIONS: FINANCIAL PROPOSAL

a) Submission of Financial Proposals b) Opening of Financial proposal c) Performance Guarantee d) Tenure of contract e) Payment terms: f) Confidential Information g) Personnel h) General conditions:

SSEECCTTIIOONN::22 -- STANDARD FORM OF AGREEMENT & GENERAL

CONDITIONS OF CONTRACT

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- GENERAL CONDITIONS (GC) OF CONTRACT - LETTER OF ACCEPTANCE AND OTHER

CORRESPONDENCE WITH THE AGENCY- APPENDIX ‘A’ - FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY -

APPENDIX “B” - ATTENDANCE REPORT – APPENDIX ‘C’ - KEY PERSONNEL - APPENDIX 'D'

- MONTHLY DEPLOYMENT REPORT- APPENDIX ‘E’

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COVERING LETTER From_________________ _________________ _________________ To DIRECTOR (SYSTEMS), 5th Floor, ESI. Corporation, Panchdeep Bhavan, CIG. Road, New Delhi - 110002. SUB : Submission of techno-commercial bids for providing required qualified Technical Manpower (Systems Administrators, Network Administrators, Database Administrators, Web Administrators / Developers, Programmers, etc) in ESIC. Sir, Having examined the details given in the pre-qualification press notice and pre-qualification document published on your website for the above work, I/we hereby consider ourselves eligible and submit the pre-qualification document and other relevant information. 1) I/we hereby certify that all the submissions and statements made and

information supplied in the pre-qualification document including that in enclosed forms 'A' to 'D' are true.

2) I/we have submitted the copies of necessary work orders, certificates,

MOA, etc as documentary evidence for the submissions made by me/us in respect of information given in Forms ‘A’ to ‘C’ and shall furnish those in respect of Form ’D’, when called upon.

3) I/we have furnished all information in details necessary for pre-

qualification and have no further pertinent information to submit. 4) I/we are furnishing the 3 (three) SEALED ENVELOPES as follows:

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(i) 1st Envelope containing demand draft No. dated of Bank for Rs. 5000/- as non-refundable cost of tender, duly marked as: “TENDER FOR PROVIDING TECHNICAL MANPOWER IN ESIC: NON-REFUNDABLE TENDER FEE OF Rs. 5000/-“ (ii) 2nd Envelope containing Technical (Pre-qualification) bid duly marked as : “TENDER FOR PROVIDING TECHNICAL MANPOWER IN ESIC: TECHNICAL (PRE-QUALIFICATION) BID “ (iii) 3rd Envelope marked as : “TENDER FOR PROVIDING TECHNICAL MANPOWER IN ESIC: FINANCIAL BID “ containing (i) Financial bid in one envelope inside and (ii) another envelope containing EMD of Rs.1,00,000/- (Rupees one lakh) inside. Enclosures: 3 sealed envelopes as above.

Signature of Applicant(s)

Seal of the Company Date of submission.

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___________________________________________________

EMPLOYEES' STATE INSURANCE CORPORATION PANCHDEEP BHAWAN; COMRADE INDRAJIT GUPTA MARG;

NEW DELHI-110002. http://esic.nic.in

http://www.esic.in.

PREQUALIFICATION (TECHNICAL) BID DOCUMENT

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ESIC

PREQUALIFICATION DOCUMENT

FOR

PROVISION OF TECHNICAL MAPOWER ON CONTRACT

FOR ESI CORPORATION’S VARIOUS OFFICES

IN DELHI AND HARYANA, ETC.

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NNEEWW DDEELLHHII--111100000022.. http://esic.nic.in http://esic.nic.in

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Tender Letter

EMPLOYEES' STATE INSURANCE CORPORATION

PANCHDEEP BHAWAN; CIG ROAD NEW DELHI http; //esic.nic.in

http; //www.esic.in

G.32/11/6/101/07-ISD(MP) Dated: 16 November,07

Dear Bidders, Please quote "Tender for providing IT Manpower for ESIC" the top of envelope. The sealed envelope containing the tender should be addressed to:-

The Director (Systems) ESI. Corporation,

Panchdeep Bhawan, Comrade Indrajit Gupta Marg, New

Delhi-110002. The sealed envelope should be put in the tender box kept in the Systems Division (5th Floor), ESIC Building, "Pancheep Bhawan", Comrade Indrajit Gupta Marg, New Delhi-110002 by 2:00 P.M. on 19.12.2007. All communications must be addressed to the Office by designation and not by name.

Director (Systems)

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PPRREEQQUUAALLIIFFIICCAATTIIOONN TTEENNDDEERR DDOOCCUUMMEENNTT

SECTION - A I. BACKGROUND

Employees' State Insurance Corporation (ESIC), a statutory Autonomous Body, under the Union Ministry of Labour, is the implementing agency of a pioneering Social Security Scheme in India providing social security protection to over 9 million covered industrial workers and their family members all over the country. It embarked on IT-enablement of its functions under Pilot Project in various offices, Hospitals and Dispensaries situated in Delhi and Haryana and is in the process of spreading the reach of ICT to its other formations and institutions all over the country.

II. AN OVERVIEW OF IT PROJECT AND INFRASTRUCTURE IN

ESIC. The cutting edge of ESI. Scheme is the medical benefits available to the insured industrial workers and their family members and cash benefits for Insured Persons (IPs) in the certain events. 1422 dispensaries and 144 ESI Hospitals provide medical care to all the beneficiaries without any cost ceiling and on need basis and over 800 branch offices are functioning to disburse the cash benefit payments under 40 Regional and Sub-Regional Offices. A hospital is one of the most complex and expensive organizations involving several cadres of employees, different kinds of equipments, complex logistics and functions, meeting 24X7 not only the medical needs of the patients but also their dietary and other needs. Presently ESIC has 144 Hospitals with total bed strength of 23,000 beds. There are four Occupational Diseases Centres at New Delhi, Chennai, Kolkata & Pune durectly run by ESIC. While 22 hospitals - in Delhi, (at Rohini, Jhilmil, Okhla & Basaidarapur) and one Model hospital each at Nacharam (Andhra Pradesh), Beltola (Assam), Phulwari-Sharief (Bihar), Bapunagar, Ahmedabad (Gujarat), Ranchi (Jharkhand), Bangalore (Karnataka), Ashramam (Kerala), Rourkela (Orissa), Jaipur (Rajasthan), Jammu (Jammu & Kashmir), Ludhiana (Punjab), Chandigarh (Chandigarh), Indore (Madhya Pradesh) & NOIDA (Uttar Pradesh) - are run directly by the ESIC, remaining 122 hospitals are run by the respective State Governments on cost sharing basis, the major part of the cost being shared by ESIC. An IT enablement Pilot Project covering besides Hqrs. Office, at Delhi the Regional Office, Haryana, Faridabad, Divisional Office, Ambala, and its

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18 Branch Offices; Regional Office Delhi, its 3 Divisional Offices and 13 Branch Offices, ESI Hospitals Basaidarapur and Okhla, 7 ESI Dispensaries in Delhi, Central Medical Stores, & Directorate (Medical) Delhi at Basaidarapur was started in 2005. It was also contemplated to cover the ESI Hospitals Jhilmil, Rohini and NOIDA and remaining 24 ESI Dispensaries in Delhi under the Pilot Project. These locations have been provided with complete hardware and networking such as Server with Linux Server OS, clients with Linux desktop, etc with broadband / dial-up internet connectivity for accessing web-based application programs / data hosted on central servers housed at NIC Headquarters, New Delhi. The software for Insurance Management Systems at Regional Offices, Divisional Offices, and Branch Offices; for Dispensary Management System in Dispensaries, for Hospital Management Systems in Hospitals, Central-Stores Management Systems for Central Stores besides MIS and other modules for Hqrs. Office, D(M)D, etc was entrusted for development by NIC for implementation at sites. The sites under the pilot project were provided with Servers, Desktops, Networking through LAN, Internet connectivity and other peripherals and infrastructure for implementations of various modules developed by NIC. The web-based software developed by NIC has been implemented at following locations:

(i) Regional Office Faridabad, (ii) Regional Office Delhi; (iii) Divisional Offices Ambala, Rohini, Okhla and Nandnagri (iv) 18 Branch Offices in Haryana and 12 Branch offices in Delhi (v) 7 ESI Dispensaries in Delhi and (vi) 1 ESI Hospital (Basaidarapur) in Delhi (Partly).

These sites basically need support of Technical Personnel.

Due to delay in completion and rolling out of the pilot project, ESIC has decided to engage the services of Technical Consultant for studying the work done in the Pilot Project and remaining work and formulation of further plan for implementation of Enterprise Resource Planning (ERP) system throughout the country.

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III. INDICATIVE SCOPE OF THE WORK AND TERMS OF

REFERENCE:

Broad scope of the work is as follows:

1. The finally selected vendor shall provide required qualified Technical Manpower / IT Professionals (Systems Administrators, Network Administrators, Database Administrators, Exchange/Web Administrators/Developers, Programmers, etc) for on site support in Systems administration, implementation of Information Technology (IT) based solution, etc for all the sites, or the specific site(s) as may be specified. The sites may include any ESI intuition(s) anywhere in the country but immediate requirements, as may be required from time to time, would be particularly at any, few or all of the locations indicated in Para-II above as of now, and detailed as follows: -

A. Location of Hospitals: S. No.

Location of ESIC Hospitals

State No. of Beds Approx-imate No. of Nodes

1. Basaidarapur (ODC)

Delhi 600 154

2. Jhilmil Delhi 200 (to be expanded to 250)

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3. Okhla Delhi 100 (to be expanded to 150)

65

4. Rohini Delhi 100 75

5. NOIDA Uttar Pradesh

150 63

B. Location of ESIC Branch Offices in Haryana:

Sl. No Place/Address Tel. No.

1. AMBALA Branch Manager, Branch Office, ESI Corporation, 8, Model Town,

0171-2650521

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AMBALA CITY. 2. BHIWANI

Branch Manager, Branch Office, ESI Corporation, Old Mela Ground, Near Doordarshan Kendra, BHIWANI

01664-242189

3. BAHADURGARH Branch Manager, Branch Office, ESI Corporation, Kothi No. 571,Gali No. 1 Dayanand Nagar, BAHADURGARH

01276-227613

4. DHARUHERA Branch Manager, Branch Office, ESI Corporation, 297 A, HIG Housing Board Colony, Sector-6 DHARUHERA (REWARI)

01274-242546

5. DUNDAHERA Branch Manager, Branch Office, ESI Corporation, Kothi No. 1200, Yadav Clinic, Dundahera Wali Gali, Ist Floor, Sector 21, DUNDAHERA(GURGAON)

0124-236848

6. GURGAON Branch Manager, Branch Office, ESI Corporation, 421/7/16, Civil Line, Near by Rajiv Chowk, GURGAON

0124-2322285

7. HISSAR Branch Manager, Branch Office, ESI Corporation, Opp. Haryana Tin Factory IDC HISSAR

01662-221492

8. JAGADHIRI Branch Manager, Branch Office, ESI Corporation, ESI Hospital Building, Durga Colony, JAGADHIRI

01732-227613

9. NIT FARIDABAD Branch Manager, Branch Office, ESI Corporation, NH-5, N.I.T FARIDABAD

0129-2413811

10. PANIPAT Branch Manager, Branch Office, ESI Corporation, Opp. Main Post Office, Bholi Stand, Tikona Park, PANIPAT

0180-2652979

11. PINJORE Branch Manager, Branch Office, ESI Corporation, HMT Colony, PINJORE

01733-263963

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12. RAI Branch Manager, Branch Office, ESI Corporation, Sh. Raj Kumar Kaushik Bhawan Near ESI Dispensary RAI(SONEPAT)

0130-2366661

13. ROHTAK Branch Manager, Branch Office, ESI Corporation, Old housing board road Shivaji Chowk ROHTAK

01262-298232

14. SEC-16, FARIDABAD Branch Manager, Branch Office, ESI Corporation, 16/6, Mathura Road, Oja's Niwas, Rajiv Chowk, FARIDABAD

0129-2290372

15. SEC-24, FARIDABAD Branch Manager, Branch Office, ESI Corporation, Plot No. 241, Sector-24 FARIDABAD

0129-2230003 0129-2231913

16. SEC-31, FARIDABAD Branch Manager, Branch Office, ESI Corporation, 14/7, Mathura Road, Parmeshwari Colony, Sector-31 FARIDABAD

0129-2278664

17. SEC-8, FARIDABADSEC-31, FARIDABAD Branch Manager, Branch Office, ESI Corporation, ESI Hospital Building, Sector-8, FARIDABAD

0129-2301132

18. SONIPAT Manager, Branch Office, ESI Corporation, Industrial Area By Pass Rohtak Road Near Kalupur Chungi SONIPAT

01264-42704

C. Location of ESIC Branch Offices in Delhi:

Sl. No Place/Address Tel. No. 1. AJMERI GATE

Manager, Branch Office ESI Corporation 2-A/3, Asaf Ali Road NEW DELHI -2.

23261679

2. ASHOK VIHAR Manager, Branch Office ESI Corporation AG-20, Shalimar Bagh, DELHI-88

27479465

3. ASHRAM Manager, Branch Office ESI Corporation

26349849

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1-B, SPL Staff Colony,Jung Pura Ext.,Bhogal NEW DELHI-49.

4. BADLI (ROHINI) Manager, Branch Office ESI Corporation D-11, Sector-7, Rohini, NEW DELHI-85

27933074

5. KARAM PURA (NAJAF GARH) Manager, Branch Office ESI Corporation Behind Holy Child School, ESI Dispensary Complex, Raghubir Nagar, NEW DELHI.

25103831

6. KISHAN GANJ Manager, Branch Office ESI Corporation Near Gulabi Bagh Traffic Intersaction Vivekanand Puri, NEW DELHI-7

23651897

7. KALKAJI Manager, Branch Office ESI Corporation ESI Dispensary complex, Kalkaji, Near Desh Bandhu College, NEW DELHI-19

26447101

8. MAYAPURI Manager, Branch Office ESI Corporation DDA Shopping Centre-III 1st Floor Phase-I, Mayapuri NEW DELHI-64

28116386

9. NANGLOI Manager, Branch Office ESI Corporation Qtr.No.1-2, ESI Dispensary Complex, Jwalapuri, Nangloi DELHI-41

25267678

10. OKHLA Manager, Branch Office ESI Corporation E.S.I.Hospital complex, Okhla Industrial Area, Ph.-I NEW DELHI-20

26383868

11. PALAM Manager, Branch Office ESI Corporation Mandir Sabha (Regd) Sadar Bazar, Delhi Cantt. NEW DELHI-45

25691799

12. SHAHDARA Manager, Branch Office ESI Corporation Type-D, Staff Qtrs. ESI Dispensary Complex, Nand Nagri DELHI-32

22581093

13. SUBZI MANDI 27126957

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Manager, Branch Office ESI Corporation Behind Birla Mill, Roshanara Road,X-Scheme, Shakti Nagar, Near Nagia Park, Sabzi Mandi, DELHI -7

D. Location of ESIC Dispensaries in Delhi: Sl. No Place/Address Tel. No. 1. AZAD PUR

Medical Officer Incharge ESI Dispensary C-2/35, Model Town-III, AZAR PUR DELHI

27242791

2. AJMERI GATE Medical Officer Incharge ESI Dispensary House No. 1311, (Part I)/8, Ajmeri Gate, Asaf Ali Road, NEW DELHI

23235125

3. BHOLA NAGH NAGAR Medical Officer Incharge ESI Dispensary 4/990, Bhola Nath Nagar, Shahdara, DELHI-32

22203944

4. FACTORY ROAD, Medical Officer Incharge ESI Dispensary Factory road, Opp., Sarojini Nagar, D.T.C. Depot, DELHI

24671333

5. INDERLOK Medical Officer Incharge ESI Dispensary New Masjid, Inderlik, DELHI

25412632

6. JAHANGIR PURI Medical Officer Incharge ESI Dispensary B-13 TO B-20, D.D.A., Tenaments, Jahangirpuri, DELHI

27215203

7. JANGPURA Medical Officer Incharge ESI Dispensary Near Hakikat Rai Park, Jangpura, Opp. Railway Crossing, NEW DELHI

24312832

8. JAWALA PURI Medical Officer Incharge ESI Dispensary Resettlement Colony, Phase-4, Jawala Puri,

25587204

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DELHI

9. KALKAJI Medical Officer Incharge ESI Dispensary Opp. CGHS Dispensary, Kalkaji NEW DELHI

26430583

10. K.G.-I Medical Officer Incharge ESI Dispensary K.G.-I, Old Rohtak Road, Near Subzi Mandi DELHI

23612476

11. KRISHNA NAGAR, Medical Officer Incharge ESI Dispensary C-4/14, Krishna Nagar, DELHI

22212700

12. MAYAPURI-PHASE-II Medical Officer Incharge ESI Dispensary D-22, Facility area, MAYAPURI - Phase II, DELHI

25132417

13. MALVIYA NAGAR, Medical Officer Incharge ESI Dispensary A-9/58, Malviya Nagar, NEW DELHI

26441309

14. MANGOLPURI Medical Officer Incharge ESI Dispensary Block D, Mangol Puri, DELHI-83

27923274

15. MAYA PURI Medical Officer Incharge ESI Dispensary 2/1 TO 5/1, Built up space, Shopping Centre, Maya Puri, Ph-II, Near Petrol Pump, NEW DELHI

25144516

16. MEHRAULI Medical Officer Incharge ESI Dispensary Neela House Road, Mehrauli DELHI

26960217

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17. MORI GATE Medical Officer Incharge ESI Dispensary Opp. Mori Gate, Near Nallah, DELHI-6

22524744

18. MAYUR VIHAR, Medical Officer Incharge ESI Dispensary MIG Flat No. 183-A, to 184-B, Mayur Vihar, DELHI

22751272

19. MADIPUR Medical Officer Incharge ESI Dispensary Pocket-3, Paschim Puri, MADI PUR, NEW DELHI

25213796

20. NAJAFGARH Medical Officer Incharge ESI Dispensary House No. 1281-82, Krishna Mandir Gali, Najafgarh, NEW DELHI

25012143

21. NARELA Medical Officer Incharge ESI Dispensary House No. 70, Panna Udyan, Railway Road, Narela, DELHI

27282452

22. NIA-I Medical Officer Incharge ESI Dispensary NIA-I, Near Karampura Bus Stop, Najafgarh Road, NEW DELHI

25102949

23. NIA-II, Medical Officer Incharge ESI Dispensary NIA-II, I Block, Karampura, NEW DELHI

25101314

24. NAND NAGRI Medical Officer Incharge ESI Dispensary Nand Nagri, Near DTC Depot, NEW DELHI

22591935

25. OKHLA Medical Officer Incharge ESI Dispensary Main Okhla, Near Modi Mills, NEW DELHI

26314455

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26. OKHLA PHASE-I Medical Officer Incharge ESI Dispensary ESI Hospital Complex, Near DTC Central Workshop Teh Khand, NEW DELHI-20

26813134

27. PAHARGANJ Medical Officer Incharge ESI Dispensary Gurudwara Street, Chuna Mandi, Pahar Ganj, NEW DELHI

23544210

28. PALAM COLONY, Medical Officer Incharge ESI Dispensary Behind Shivani Public School, Dabri Road, Palam NEW DELHI

25038332

29. RAGHUBIR NAGAR, Medical Officer Incharge ESI Dispensary Behind Holy Child School, NEW DELHI

25438441

30. ROHINI SEC. VII Medical Officer Incharge ESI Dispensary D-11, Sec. VII, Rohini DELHI

27048945

31. ROHINI SEC. V Medical Officer Incharge ESI Dispensary Rohini DELHI

27042878

32. SHANTI NAGAR, Medical Officer Incharge ESI Dispensary 406, Chandra Kutir, Tri Nagar, shanti Nagar, DELHI

27196493

33. SUBZI MANDI Medical Officer Incharge ESI Dispensary Subzi Mandi, Behind Birla, Cotton & General Mills, Shakti Nagar, DELHI

27125932

34. SEELAMPUR Medical Officer Incharge ESI Dispensary Phase-4, Seelampur,(Welcome), DELHI

22826829

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35. TILAK VIHAR Medical Officer Incharge ESI Dispensary Near Works Dept., Opp. Police Station, Tilak Vihar, NEW DELHI

25191925

36. VISHWAKARMA NAGAR, Medical Officer Incharge ESI Dispensary House No. 181 to 186, Labour Colony, Vishwakarma Nagar, Shahdara, DELHI

22152500

E. Location of Hqrs. Office, Regional Offices, D(M)D and CMS : 1 ESI CORPORATION, HEADQUARTERS,

Panchdeep Bhavan, CIG Road, New Delhi-110002

23234092-98 Jd-sys@esic.nic.in

2. ESI Corporation, D.D.A. Shopping Cum-Office Complex, Rajendra Place, New Delhi-110008.

25734381 rdesidel@bol.net.in rd-delhi@esic.nic.in

3. ESI Corporation, H.No.5, N.I.T. Sector – 16, Faridabad-121002 Haryana

2284728, 2282442, 2264078(F) esicfbd@nicfbd.chd.nic.inrd-haryana@esic.nic.in

4. Directorate (Medical) Delhi ESI Hospital Campus, Ring Road, BASAIDARAPUR, NEW DELHI

5. Central Medical Stores ESI Hospital Campus, Ring Road, BASAIDARAPUR, NEW DELHI

2. The vendor shall provide qualified Systems Administrators/ Network

Administrators/ Database Administrators/ Exchange/Mail/Web Administrators/Developers/Programmers, etc for full support services and management for a period of one year for operation / support / development of the systems / applications / solutions implemented / running / required at sites where placed as may be asked by ESIC.

3. Vendor shall normally provide technical support personnel with minimum qualification of BCA / B.Sc (IT or Computer Science) or equivalent from AICTE approved / Govt. approved institutions preferably with additional special qualification(s) such as MCSE, MCSA, RHCE, RHCT, SCJP / SCJA, SCJD, SCWCD, SCDJWS,

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OCP, OCA, MCDBA, MCTS, MCITP, CCNA, CCNP, Degree / Diploma / Certificate in Web Development / Multimedia, etc. particularly whenever asked for specific site(s)

4. ESIC may call for or associate with interview of such proposed candidates before approving the name(s) of personnel proposed by the vendor.

5. The vendor shall adhere to the time schedule given by the ESIC for providing the support which would normally coincide with respective office times.

6. The hardware / software / equipment and products required for the purpose are provided / shall be provided at sites by ESIC.

7. System / Database / Web Administration / development / support schedule shall be work specific, as per requirement of individual site(s) depending upon functioning time of the institution(s).

8. Support for integration of the system with newly developed modules shall also have to be provided, whenever required.

IV. PRE-QUALIFICATION CRITERIA: 1. The vendor should be reputed IT solution / support provider or IT

Manpower / Services Provider capable of providing support for medium to large IT Projects involving complex management processes and duly registered / incorporated for the purpose. (Ref : FORM ‘A’)

2. Vendor should have successfully provided / been providing IT

Professional support for developed / customized and implemented IT based Solution in at least 5 (five) Government Intuitions / PSUs / Autonomous Govt. organisations. (Ref : FORM ‘B’)

3. The vendor should have minimum of three years experience in providing

technical / technical manpower support. (Ref : FORM ‘B’) 4. The vendor should be a financially sound company with minimum annual

turnover of Rs. 5 Crores (Rupees five crores only) or more during each of the last three financial / accounting years and should be a profit making company / firm for all the 3 years ending 31.3.2007. (Ref : FORM ‘C’)

5. The vendor should have a minimum of 200 (two hundred) professionally

qualified persons working on support of IT / IT projects as on 31.3.2007. (Ref : FORM ‘D’-List of 200 professionals may be enclosed).

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6. The vendor should be registered with Income Tax and Service Tax Departments and should hold PAN /TAN and ST Registration number. (Copy of PAN / ST Registration Certificate to be enclosed)

V. SUBMISSIONS TO BE MADE.

The bidders shall submit documentary evidence of whatever claim they make in respect of their qualifications, experience and eligibility criteria as detailed in Para-IV ibid. All claims should be verifiable. Additional details for client references alongwith phone number, fax number, contact person name, mobile no., e-mail address or URL with complete details may be given to establish the authenticity of the claim made in respect of experience of in similar lines / solutions.

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SECTION - B

I. METHOD OF APPLICATION: 1. If the applicant is a proprietary firm, the application shall be signed by the

proprietor with his full name and the full name of his firm/company with its current address.

2. If the applicant is a firm in partnership, the application shall be signed by

all partners of the firm above their full names and current addresses or alternatively by a partner holding power of attorney for the firm. In the latter case, a certified copy of the power of attorney should accompany the application. In both cases, a certified copy of the partnership deed and current address of all partners of the firm should accompany the application.

3. If the applicant is a limited company or a corporation, the application shall

be signed by a duly authorized person or person holding power of attorney for signing the application accompanied by original authorization OR a copy of the power of attorney. The applicant should also furnish a copy of the Memorandum/Articles of Association duly attested by a Public Notary.

II. INSTRUCTIONS TO APPLICANTS. 1. Tender document duly completed and signed should be submitted in a

sealed cover. The sealed cover superscribed " Tender for supply of IT Professional" shall be deposited in the Tender Box placed in the Office of Director (Systems), 5th Floor, ESI. Corporation, Panchdeep Bhavan, Comrade Indrajit Gupta Marg, New Delhi - 110002 up to 2:00 P.M. on 19.12.2007 and shall be opened on the same day in the Training Hall, 5th floor, ESI. Corporation, Panchdeep Bhavan, CIG. Road, New Delhi - 110002 at 3:00 P.M.

2. All information called for, including that in the enclosed forms should be furnished against the relevant columns in the forms. If for any reason information is furnished on a separate sheet, this fact should be mentioned against the relevant columns. If information is not provided in a column, "not applicable" should be clearly indicated. No blank or a dash will be accepted.

3. Applicants are cautioned that not giving complete information called for in the application or not giving it in clear terms or making any changes in the prescribed forms or deliberately suppressing any information may result in the application being summarily rejected.

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4. Application submitted in any other manner/mode other than that specified at 1 above or those received late will not be entertained.

5. The application should be type written. 6. Pages of the application should be serially numbered and the applicant

should sign each page of the application and all enclosures. Blank pages should be crossed by ink.

7. As far as possible, overwriting should be avoided. Corrections if any, should be made out, initialing with date and re-writing pages of the pre-qualification documents and numbers.

8. Additional sheets, if any, attached by the applicant should also be numbered and signed by the applicant.

9. Any information furnished by the applicant found to be incorrect either immediately or at a later stage would make him liable to be debarred from tendering/taking up any work in ESIC.

10. The ESIC reserves the right to accept or reject any or all applications at any time without assigning any reason, whatsoever, without incurring any liability to the applicant.

11. Applicants may visit the site(s) of the project at their own cost and collect any information that they consider necessary for proper assessment of the prospective assignment.

12. After evaluation of pre-qualification applications, only the applicants/bidders who qualify would be invited to submit tenders for the project.

13. The applicants should submit their proposal along with a signed forwarding letter.

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SECTION- C (Forms)

(i) FORM : ‘A’

Details of Registration / Incorporation of firm Sl. No. Registering /

Incorporating Authority

Date of Registration

Copy of Registration / Incorporation Certificate

enclosed (YES or NO)

1. 2. 3. 4. 5

Signature of the bidder or his authorized representative

Seal of the Company NB: - PLEASE ENCLOSE COPIES OF REGISTRATION / INCORPORATION CERTIFICATES / MOA IN SUPPORT OF CLAIM.

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(ii) FORM ‘B’ Details of Experience

Sl. No. Name of Govt. / PSU/ Autonomous Organisation

Support Provided Copy of Work Order / Certificate enclosed

From (Date)

To (Date)

(YES or NO)

1. 2. 3. 4. 5 6

Signature of the bidder or his authorized represen

Seal of the Company NB: - PLEASE ENCLOSE COPIES OF WORK ORDERS / CERTIFICATES IN SUPPORT OF CLAIM.

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(iii) FORM ‘C’

Details of Financial Position Sl No. Financial /

Accounting Year Annual Turnover (Rs. Lakhs)

Profit Loss Copy of Balance Sheet / PL A/c enclosed (YES or NO)

1. 2. 3. 4.

Signature of the bidder or his authorized representative

Seal of the Company

NB: - PLEASE ENCLOSE COPIES OF AUDITED BALANCE SHEET AND PROFIT & LOSS ACCOUNT OF RELEVANT YEARS IN SUPPORT OF CLAIM.

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III. FORM ‘D’

Details of Technical Manpower Number of 20 professionally qualified employees

Qualification : (Please put a tick (√ ) mark in appropriate column)

Name

ME / M.Tech

BE / B.Tech /

MCAs / DOEACC ‘B’ Level

M.Sc(IT) / BCA /

DOEACC ‘A’ Level

B.Sc(IT) / PGDCA / DOEACC ‘O’ Level

Addl. Qualificati

on-1

Addl. Qualificati

on-2 Remarks

1)

2) 3) 4) 5) 6) 7)

8) 9) 10) 11)

12) 13) 14) 15) 16) 17) 18) 19) 20)

Signature of the bidder or his authorized represenSeal of the Company

NB:- COPIES OF CERTIFICATE IN SUPPORT OF CLAIM WILL BE ASKED FOR VERIFICATION AT ANY STAGE AND ANY WRONG DECLARATION WILL DISQUALIFY THE BIDDER AND RENDER LIABLE FOR FOREFEITURE OF EARNEST MONEY / SECURITY MONEY AND CANCELLATION OF AWARD AT ANY STAGE .

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___________________________________________________

EMPLOYEES' STATE INSURANCE CORPORATION

PANCHDEEP BHAWAN; COMRADE INDRAJIT GUPTA MARG; NEW DELHI-110002.

http://esic.nic.in http://www.esic.in.

FINANCIAL BID DOCUMENT

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FFIINNAANNCCIIAALL BBIIDD DDOOCCUUMMEENNTT SECTION: 1 I. FINANCIAL PROPOSAL FROM TO

Director (Systems) ESIC Hqrs. Office,

Panchdeep Bhawan, CIG Road, New Delhi.

Sub.: Engagement of agency for providing technical manpower support in ESIC. Sir, We, the undersigned, offer to provide the technical manpower support in accordance with your tender No. G-32/11/6/101/07-ISD (MP) dated ……………. and our Techno-commercial Proposal. We hereby offer the following rates for the proposed personnel on consolidated fixed monthly payment basis:-

Items

ME / M.Tech

BE / B.Tech /

MCAs / DOEACC ‘B’ Level

M.Sc(IT) / BCA /

DOEACC ‘A’ Level

B.Sc(IT) / PGDCA / DOEACC ‘O’ Level

Remarks, if any

A. Basic Wages

B. Agency Charges on ‘A’ C. Agency EPF Contribution on ‘A’

D. Agency ESIC Contribution on ‘A’

E. Basic vendor rate (A+B+C+D)

F. Service Tax on ‘E’ @12.36% G. Net Vendor Rate (E+F)

Consolidated rates in respect of the aforesaid personnel, as per above break-up, are as

follows:

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Sl. No. Basic Professional Qualification

Fixed (consolidated)

Monthly payment

Weight-age for calculation of bid-value (As per need

estimation)*

Offer after application of

weightage

Remarks

A B C D ( C X D )

1. ME / M.Tech 05

2. BE / B.Tech / MCAs / DOEACC ‘B’ Level

30

3. BCA / M.Sc(IT) / DOEACC ‘A’ Level

30

4. B.Sc (IT) / PGDCA / DOEACC ‘O’ Level

35

Total > 100

Our proposal is binding upon us and subject to the modifications resulting from contract

negotiations, up to expiration of the validity period (90 days) of the Proposal, i.e. (Date__________). We undertake to produce the Originals / proofs in respect of details submitted with technical bid in respect of Form “A” to Form ”D” etc. to the satisfaction of ESIC.

We undertake that, in competing for (and, if the award is made to us, for providing Technical Support Personnel) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”. We understand you are not bound to accept any Proposal you receive. Yours sincerely, Authorised signatory: Name and title of Signatory: Name of the Firm: Address:

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II. TERMS & CONDITIONS: FINANCIAL PROPOSAL 1. Submission of Financial Proposals: The Financial proposals shall be submitted in two

parts:-

a) Commercial Proposal and a refundable EMD of Rs. 1,00,000 /- in the form of a demand draft drawn in favour of ESI Fund Account No. 1 on any scheduled bank and payable at New Delhi.

2. Opening of Financial proposal:

The proposals will be opened by the Evaluation Committee or its authorized representative. Sequence of opening shall be as follows:- i) EMD Envelope. ii) Financial Proposal envelope.

3. Performance Guarantee: The successful agency will be required to furnish performance

bank guarantee equivalent to 10% of the estimated annual value of the work, as assessed by ESIC, valid for a period 15 months within 30 days of letter of intent / award and to be extendable till the tenure of contract, in case the same is extended beyond one year, by mutual agreement / consent.

4. Tenure of contract– The term of contract would deem to have commenced from the issue

of letter of award and shall be in force for one year (12 months), in the first instance and may be renewed for tenure of one year (12 months) or more, as the sole discretion of ESIC.

5. Payment terms:

Payment in respect of personnel provided will be made on production of consolidated monthly bill(s) with duly certified / countersigned attendance sheet in respect of each site.

6. If the Agency fails to provide the personnel(s) mentioned above within the time period of 15

days, ESIC shall deduct a sum equivalent to 1.0 % per day of delay for each personnel from 8th day from the following bill / Security Money , against delay of per day per case, until actual placement of personnel. If the agency fails to provide the demanded personnel within 30 days, ESIC will have the option to consider termination of the contract. ESIC can otherwise also have the right to terminate the order as and when required after giving agency one months notice.

ESIC reserves the right to award the work. 7. Confidential Information

1.1 The agency and its personnel shall keep confidential any confidential information of ESIC. The agency shall ensure that the confidential information will be used only for the purposes of ESIC assignment and shall not be disclosed to any other party for any reason whatsoever.

1.2 The obligations of confidentiality under this section shall survive termination or expiration of work awarded.

8. Personnel

8.1 For the purpose of fulfilling its obligations the agency shall be required to assign personnel to be available for delivery of required services at the locations of ESIC except for those personnel who are expressly permitted / authorized by ESIC to operate offsite.

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8.2 If ESIC, at its sole discretion, determines that the services are not being performed satisfactorily or that any security rules, standards, guidelines, policies, or procedures are not being followed by any of the personnel, as informed to the agency / personnel, necessary and appropriate action of replacing individuals who have been assigned for rendering the services may be taken by ESIC.

8.3 Neither the agency nor any personnel / employee of the agency shall be or shall be

deemed to be an employee of ESIC for any purpose whatsoever. The agency shall be solely responsible for payment of compensation and any other costs attendant to employment of its employees / personnel, including any amounts that may be due as prevailing wage under applicable law to agency’s employees /personnel assigned to perform services. The agency will furnish ESIC with a written declaration that payments of all statuary obligations have been / will be made. Such a declaration shall accompany the payment requests made by the agency.

8.4 The agency will not frequently change / replace the professional staff / personnel

proposed / accepted by ESIC during the course of contract. If replacement is inevitable (under reasonable cases where the professional staff has left the organization of the agency, etc), the agency will ensure to provide a professional staff of equivalent qualification/experience, acceptable to ESIC. Such replacement shall be made in planned manner with prior approval of ESIC. The agency in such circumstances will offer CVs of 2-3 personnel and the decision to choose among them will be of ESIC. Similarly if the performance of any professional staff is not found satisfactory, ESIC shall have the option to ask the agency to immediately change / replace the concerned professional by giving at least 15 days notice.

9. General conditions: 9.1 Please note that ESIC is not bound to select any of the firms submitting proposals.

Further, as quality is the principal selection criterion, ESIC does not bind itself in any way to select the firm offering the lowest price / rates.

9.2 Proposals should be valid for 90 days from the last date of submission. ESIC will make its best efforts to finalize selection within this period.

9.3 Please note that on payments, which agency will receive from ESIC, certificate from the concerned tax authorities regarding payment of due tax shall be submitted, for further information in this regard, if required.

9.4 Financial Offers received without EMD fee would summarily be rejected. 9.5 For delivery of services agency would make his professional staff available at ESIC

offices in Delhi, Haryana or any other place, as may be required, without any additional cost.

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SECTION – 2

STANDARD FORM OF AGREEMENT &

GENERAL CONDITIONS OF CONTRACT

41

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FORM OF CONTRACT AGREEMENT CONTRACT FOR PRIVIDING IT PROFESSIONAL STAFF SERVICES This contract (hereinafter called the “Contract) is made on this____ day of _____.

BETWEEN EMPLOYEES’ STATE INSURANCE CORPORATION, CIG ROAD, NEW DELHI (hereinafter called the “Client”) on the one part,

AND (Name of the Agency with address) (hereinafter called the “Agency”) on the other part.

WHEREAS a) The client intends to obtain IT Professional’s support Services at its various offices as

defined in this contract. (Hereinafter called the “contract”). b) The Client has requested the Agency, as per their techno-commercial bids, to provide

certain professionals required for various sites as detailed in the bid. (Hereinafter called the IT professionals).

c) The Agency, having represented to the Client that they have the required experience, professional skills, personnel and resources, have agreed to provide the IT professionals on the terms and conditions set forth in the Contract.

NOW THEREFORE, the parties hereby agree as follows:-

1. The following documents attached hereto shall be deemed to form an integral part of this contract:-

(a) The General Conditions of Contract (hereinafter called ‘GC’). (b) The following Appendices:-

. Appendix A: Copy of Letter of acceptance and other correspondence with the

agency Appendix B: Copy of Bank Guarantee for Performance Security.

2. The mutual rights and obligations of the Client and the Agency shall be as set forth in the

contract; in particular:

a) The agency shall provide the IT Professionals at the sites as demanded by the client within 15 days of such request, as per the provisions of the contract; and

b) The Client shall make payments to be agency in accordance with the provisions of the contract;

IN WITNESS WHEREOF, THE Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written. Authorized Signatory for and on behalf of the Client Witness 1. Signature Name Address 2. Signature Name Address

Authorized Signatory for and on behalf of the __________ M/s. Agency, Witness 1. Signature Name Address 2. Signature Name Address

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GENERAL CONDITIONS (GC) OF CONTRACT 1. GENERAL PROVISIONS:

Definitions: Unless the context otherwise requires, the following terms wherever used in this Contract have following meanings: a) “Applicable Law” means the laws and any other instruments having the force of law in

India as they may be issued and in force from time to time. b) “Client” means the ESIC. c) “Agency” means _____________________(Name of the agency. d) “Contract” means the Contract signed by the Parties, together with all

documents/Appendices attached hereto and includes all modifications made in terms of the provision of Clause 2.6 hereof,

e) “Operator” means any person or entity who is employed by the Client for execution of operations & maintenance works of ____________________________________________ (name) of the project.

f) “Effective Date” means the date of which the Contract comes into force and effect pursuant to Clause 2.1 hereof;

g) “Government” means the Government of India. h) “Local Currency” means the Indian Rupees i) “Personnel” means persons hired by the Agency as employees / contract employees and

assigned to the performance of the Services or any part thereof. j) “Party” means the Client or the Agency, as the case may be, and “Parties” means both of

them. k) “Services” means the work to be performed by the Agency pursuant to this Contract

including for the purpose of operations & maintenance work. l) “Starting Date” means the date referred to in Clause 2.3 hereof; m) “Third Party” means any person or entity other than the Government, the Client and the

Agency.

1.2 Relations between the Parties: Nothing contained herein shall be construed as establishing a relation of master and servant or of principal and agent as between the Client and the Agency. The Agency, subject to this Contract, has complete charge of Personnel performing the Services and shall be fully responsible for the services performed by them or on their behalf hereunder.

1.3 Law Governing Contract: This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Laws of the Government of India.

1.4 Language: This Contract has been executed in English Language, which shall be the binding and controlling language for all matters relating to the meaning of interpretation of this Contract.

1.5 Headings: The Headings shall not limit, alter or affect the meaning of this Contract.

1.6 Notices: 1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to

this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, telegram or facsimile to such Party at the addresses specified as Under:-

For the Client: Director (Systems)

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ESIC Hqrs. Office, Panchdeep Bhawan, CIG Road, New Delhi.

For the Agency : Attention: ___________________(Name of Authorized Representative) Address: Name and address of the Agency: Fax: Telephone: 1.6.2 Notice will be deemed to be effective as follows:-

a) In the case of personal delivery or registered mail, on delivery. b) In the case of telexes (24) hours following confirmed transmission; c) In the case of telegrams (24) hours following confirmed transmission; d) In the case of facsimiles (24) hours following confirmed transmission;

1.7 Location:

The IT Professionals shall be provided at such locations as required by ESIC hereto in India, as the Client may approve, though the initial requirement is primarily in the States of Delhi and Haryana.

1.8 Authorized Representatives: Any action required or permitted to be taken and any document required or permitted to be executed under the Contract by the Client or the Agency be taken or executed by the officials as under:- For the Client: Representative of ESIC For the Agency: Authorized Representative or his designated representative.

1.9 Taxes and Duties: The agency and the personnel shall pay the taxes and other impositions levied under the existing, amended or enacted laws during life of this contract and the client shall perform such duties in regard to the deduction of such taxes as may be lawfully imposed. Service Tax The client shall, however, pay / reimburse to the agency all amounts due for their service tax in accordance with the applicable law of the Govt. of India.

2. COMMENCEMENT, COMPLETION, MODIFICATIONS AND TERMINATION

OF CONTRACT 2.1 Effectiveness of Contract:

This Contract shall come into force and effect on the date (The “Effective Date”) of the Client’s notice to this effect to the Agency.

2.2 Termination of Contract for Failure to Become Effective: If this Contract has not become effective within six (6) months of the date hereof either Party may, by not less than four (4) weeks written notice to other Party, declare this contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto.

2.3 Commencement of Services:

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The Agency shall commence the Services not later than on a date (Starting Date) seven (15) days after receipt of request from ESIC for placement of IT Professionals at its specified site(s).

2.4 Expiration of Contract:

Unless terminated earlier pursuant to Clause GC 2.9 hereof, the Contract shall expire when pursuant to the provisions hereof, the services have been completed and payments of remuneration and reimbursable expenditure under this contract have been made.

2.5 Entire Agreement: This Contract all covenants, stipulations and provisions agreed by the Parties will form part of the agreement. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any such statement, representation, promise or agreement not set forth herein.

2.6 Modifications:

Modifications of the terms and conditions of this Contract, including any modification of the scope of the services, may only be made by written agreement between the Parties. Pursuant to Clause GC 7.2 hereof, however, each Party shall give due consideration to any proposals for modifications made by the other Party.

2.7 Force Majeure: 2.7.1 Definition:

a) for the purpose of the Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party, and which makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action are within the power of the Party invoking force Majeure to prevent, confiscation or any other action by Government Agencies.

b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party’s Sub Agency or agent or employees nor (ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at the time of the conclusion of this Contract, and (B) avoid or overcome in the carrying out of its obligations hereunder:

c) Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.

2.7.2 No Breach of Contract:

The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under this Contract in so far as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of the Contract.

2.7.3 Measures to be taken: i) A party affected by an event of Force Majeure shall take all reasonable measures to

remove such Party’s inability to fulfill its obligations hereunder with a minimum of delay.

ii) A party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause

47

of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.

iii) The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure.

2.7.4 Consultation:

Not later than 30 days after the Agency, as a result of an event of Force Majeure, has become unable to provide the manpower Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances.

2.7.5 Extension of time: Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.

2.7.6 Payments: During the period of their inability to provide the Services of IT manpower as a result of an event of Force Majeure, the Agency, shall be entitled to continue to be paid under the terms of this Contract, in respect of IT professionals provided on sites of the client, subject to consultation as per Clause 2.7.4.

2.8 Suspension: The Client may, by written notice of suspension to the Agency, suspend all payments to the Agency hereunder if the Agency fails to perform any of their obligations under this Contract, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Agency to remedy by the Agency of such notice of suspension within reasonable time.

2.9 Termination: 2.9.1 By the Client:

The Client may, by not less than thirty (30) days written notice of termination to the Agency (except in the event listed in paragraph (f) below, for which there shall be written notice of not less than sixty (60) days, such notice to be given after the occurrence of any of the event specified in paragraphs (a) through (g) of this Clause 2.9.1, terminate this Contract- a) If the Agency fail to remedy a failure in the performance of their obligations hereunder,

as specified in a notice of suspension pursuant to Clause 2.8, hereinabove, within 15 (fifteen) days of receipt of such notice of suspension or within such further period as the Client may have subsequently approved in writing;

b) If the Agency or if any of their members become insolvent or bankrupt or enter into any agreement with their creditors for relief or debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary;

c) If the Agency fail to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause 8 hereof;

d) If the Agency submit to the Client, a statement which has a material effect on the rights, obligations or interests of the Client and representation or statement, made/submitted by the Agency or any part there of is found to be false;

e) If, as a result of Force Majeure, the Agency is unable to perform a material portion of the services for a period of not less than thirty (30) days;

f) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract;

g) If the Agency, in the judgment of the Client has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

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For the purpose of this Clause: ‘Corrupt practice’ means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution. “Fraudulent practice” means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the Client, and includes collusive practices among Agency (prior to or after submission of proposals) designed to establish compensation at artificial non competitive levels and to deprive the client customer of the benefits of free and open completion. 2.9.2 By the Agency:

The Agency may, by not less than 30 days written notice of termination to the Client (except in the event listed in the paragraph (e) below for which there shall be written notice of not less than sixty (60) days, such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (e) of this Clause 2.9.2, terminate this Contract: a) If the Client fails to pay any money due to Agency pursuant to this Contract and not

subject to dispute pursuant to Clause 8 hereof within thirty (30) days after receiving written notice from the Agency that such payment is overdue;

b) If the Client is in material breach of its obligations pursuant to this Contract and has not

remedied the same within forty-five (45) days (or such longer period as the Agency may have subsequently approved in writing) following the receipt by the Client of the Agency’s notice specifying such breach;

c) If as a result of Force Majeure, the Agency is unable to perform a material portion of the

services for a period of not less than fifteen (15) days; or

d) If the Client fails to comply with any final decision reached as a result of settlement / arbitration pursuant to Clause 8 hereof.

e) If the Agency, in its sole discretion and for any reason whatsoever decides to terminate

the Contract, with a notice of 30 (thirty) days. 2.9.3 Cessation of rights and Obligations:

Upon termination of this contract, pursuant to Clauses 2.9.1 or 2.9.2 hereof, or upon expiration of this Contract pursuant to Clause 2.4 hereof, all rights and obligations of 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 set forth in Clause 3.3 hereof, (iii) the Agency’s obligations to permit inspection, copying and auditing of their accounts and records set forth in Clause 3.6 (ii) hereof, (iv) the Agency’ obligations regarding default in performance of the service in accordance with the provisions of the Contract and for any loss suffered by the Client, whereof, as a result of such default, and (v) any right which a party may have under the Applicable Law.

2.9.4 Cessation of Services: Upon termination of this Contract, by notice of either Party to the other, pursuant to Clauses 2.9.1 or 2.9.2 hereof, the Agency 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. With respect to personnel deployed by the Agency and equipment and materials furnished by the Client, the Agency shall proceed as provided, respectively by Clauses 3.9 or 3.10 hereof.

2.9.5 Payment under Termination:

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Upon termination of this Contract pursuant to Clauses 2.9.1 or 2.9.2 hereof, the Client shall make the following payments to the Agency (after offsetting against there payments of any amount that may be due from the Agency to the Client): • Remuneration pursuant to Clause 6 hereof for Services satisfactorily performed prior to

the effective date of termination; • Reimbursable expenditures pursuant to Clause 6 hereof for expenditure actually incurred

prior to the effective date of termination: and • Except in the case of termination pursuant to paragraphs (a) through (d) of Clause 2.9.1

hereof, reimbursement of any reasonable cost incidental to the prompt and orderly termination of the Contract including the cost of the return travel of the Agency personnel and their eligible dependents.

2.9.6 Disputes about Events of Termination:

If either Party, whether an event specified in Clause 2.9.1 or in Clause 2.92 hereof has occurred, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to arbitration, pursuant to Clause 8 hereof, and this Contract, shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.

3. OBLIGATIONS OF THE AGENCY: 3.1 General: 3.1.1 Standard of Personnel:

The Agency shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and provide personnel of requisite qualification, experience and good character. The Agency shall always act, in respect of any matter relating to this Contract, or to the Services, as faithful advisers to the Client, and shall at all times support and safeguard the Client’s legitimate interests in any dealing with Sub-Agency or Third Parties.

3.1.2 Law Governing Services: The Agency shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that the Personnel and agents of the Agency are engaged as per and comply with the Applicable Law.

3.2 Conflict of Interests: 3.2.1 Agency not to benefit from Commissions, Discounts etc.:-

The remuneration of the Agency pursuant to Clause 6 hereof shall constitute the Agency’s sole remuneration in connection with the contract or the services, and subject to Clause 3.2.2 hereof, the agency shall not accept for their own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or to the Services or in the Discharge of their obligations hereunder, and the Agency shall use their best efforts to ensure that any of the Personnel and agents of either of them, similarly shall not receive any such additional remuneration.

3.2.2 Sub-contracting: If the Agency, as part of the Services, have the responsibility of advising the Client, on the engagement of services from its sub-contracted agency, the Agency shall comply with any applicable guidelines of the client and shall at all times exercise such responsibility in the best interest of the Client, to restrict the payment as may be passed on to the sub-contractors only.

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3.2.3 Agency and Affiliates not to engage in certain activities:

The Agency agree that during the term of this Contract the Agency and any entity affiliated with the Agency in providing the services of manpower, shall be disqualified from providing services (other than the Services under this contract and any continuation thereof) for the project of the client.

3.2.4 Prohibition of conflicting Activities: Neither the agency nor their Sub-agency nor the personnel of either of them shall engage, either directly or indirectly, during the term of this contract, in any business or professional activities in India, which would conflict, with the activities assigned to them under this contract.

3.3 Confidentiality:

The Agency, their Sub-Agency and the Personnel of either of them shall not, either during the term or within one year after the expiration of this Contract, disclose any proprietary or confidential information, such as machine addresses, IDs and Passwords, etc relating to the sites, nor will they use any such information in any manner without the prior written consent of the Client.

3.4 Liability of the Agency:

Subject to additional provisions, as under, the Agency’s liability under this Contract shall be as provided by the Applicable law.

(a) Except in case of gross negligence or willful misconduct on the part of the agency’s

personnel, in carrying out the services, the Agency, with respect to damage caused to the Client’s property, shall not be liable to the Client:-

(i) For any indirect or consequential loss or damage and (ii) For any direct loss or damage that exceeds (A) total payments for Fees and Reimbursable Expenditures made or expected to be made the Agency hereunder or (B) the proceeds, the Agency may be entitled to receive from any insurance maintained by the Agency to cover such a liability, beyond the extent of higher of (A) and (B).

(b) This limitation of liability shall not affect the Agency’s liability, if any, for damage to Third Parties caused by the Agency or any person or firm acting on behalf of the Agency in carrying out the Services.

3.5 Insurance to be taken out by the Agency:-

The Agency (i) shall take out and maintain at his own cost and shall cause any Sub-Agency to take out and maintain at his own cost, (or the Sub agency, as the case may be), but on terms and conditions approved by the Client, insurance against the risks and for the coverage specified as under and (ii) at the Client’s request shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums therefor have been paid:

a) Third Party motor vehicle liability insurance (as per Motor Vehicles Act 1988) in

respect of motor vehicles operated in India by the Agency or their Personnel or any Sub Agency or their Personnel, with a minimum coverage for the Project Period.

b) Professional liability insurance, with a minimum coverage equal to the total amount of

the Contract value except the out of pocket expenses. This Liability shall be valid for a period of the five years after completion of the Services.

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c) Employer's liability and worker's compensation insurance, ESI Registration, EPF Registration, in respect of the Personnel of the Agency, in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate.

3.6 Accounting, Inspection and Auditing: The Agency (i) shall keep accurate and systematic accounts and records of the Services hereunder, in accordance with internationally accepted accounting principles and in such form and details as will clearly identify all relevant time charges and cost, and the basis thereof (ii) shall permit the Client or its designated representatives periodically and upto one year from the expiration or termination of this Contract, to inspect the same and make copies thereof available as well as to have them audited by auditors appointed by the Client. 3.7 Agency' Actions requiring Client's prior Approval: The Agency shall obtain the Client's prior approval in writing before taking any of the following actions:- a) Deployment of personnel at sites. c) Entering into a sub contract for the performance of any part of the Services, it being understood (i) that the selection of the Sub Agency and the terms and conditions of the sub contract shall have been got approved in writing by the Client prior to the execution of the subcontract, and (ii) that the Agency shall remain fully liable for the performance of the Services by the Sub Agency and its Personnel pursuant to this Contract. c) Substitution of any personnel if required on grounds beyond reasonable Control of the Agency; 3.8 Reporting Obligations: The Agency shall submit to the Client monthly attendance reports in Appendix-A in respect of IT Personnel provided by it at various sites alongwith certificate from the concerned Controlling Officer, as would be notified for a cluster of sites, for each cluster within 7 days from end of the month. 3.9 Personnel deployed by the Agency to be reverted to the Agency: All Personnel deployed by the Agency shall revert to the charge of the agency without any claim on the Client, and the Agency shall, not later than upon termination or expiration of this Contract, get delivered all such documents / software, etc to the Client, as might have been issued to its personnel during the course of work at sites. 3.10 Equipment and Materials Furnished by the Client: The equipments and material provided by the client at the site(s) for use by the IT professionals provided by the Agency shall be handled with reasonable care and caution and left in perfect condition. 4. AGENCY PERSONNEL AND SUB AGENCY: 4.1 General: The Agency shall employ and provide such qualified and experienced Personnel as are required by client for each site. 4.2 Description of Personnel: a) The list of Agency’s key contact personnel has been described in Appendix B. b) If additional personnel are required beyond the initial requisition(s) the same may be increased by agreement in writing between the Client and the Agency.

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4.3 Approval of Personnel: The IT Personnel listed by name in Appendix ‘A’ will be got approved by the Client. In respect of alternative personnel whom the Agency may propose for the Services, the Agency shall submit to the Client for review and approval of a copy of their biographical data. If the Client does not object in writing (stating the reasons for the objection) within 30 calendar days from the date of receipt of such biographical data and (if applicable) such Personnel shall be deemed to have been approved by the Client. The removal and/or replacement of personnel is covered under Clause 4.5 hereof. 4.4 Working Hours, Payments of Compensation, Overtime, Leave etc. a) Working hours and holidays for the Agency' IT Personnel shall match with that of the Client. b) Pro-rata payment (P) for the days worked in respect of the personnel, on the basis of number of - No. of days in a month(m) / working days in a month (d) X No. of days worked (w) ie. P=m/d*w shall be made to the agency in respect of each personnel. However, limited emergency leave as detailed in Para 4.4(d) below shall be allowed in the prescribed manner. c) The Personnel shall not be entitled to be paid separately for overtime nor to take paid sick leave or vacation leave from the client. The Agency's remuneration shall be deemed to cover these items. Any taking of leave by personnel shall be subject to the prior approval by the Client and the Agency shall ensure that absence for leave purposes are filled by provision of another personnel of equivalent qualification / experience. d) The man days shown against each personnel shall be exclusive of leave period. The period for which the Agency's personnel will be on annual leave or on sick leave shall not be charged on the bill. The work of the personnel of the Agency will have to be adjusted within the regulatory working hours, without any overtime according to the requirement at site. However, an emergency leave to the extent of 1 day for each month shall be allowed for the personnel either in one spell on accumulation basis or every month for which no pro-rata deduction shall be made, subject to confirmation and approval by controlling officer of the client. 4.5 Removal and /or Replacement of Personnel:

a) No changes shall be made by the agency in the Personnel deployed at the sites without the consent of the client / its area controlling officer(s). If, for any reason beyond the reasonable control of the Agency, it becomes necessary to replace any of the Personnel, the Agency shall forthwith provide as a replacement a person of equivalent qualifications and experience acceptable to the Client. Such replaced person shall be inducted only after approval by the Client.

b) If the client (i) finds that any of the Personnel has committed serious misconduct or has been

charged with having committed a criminal action or (ii) has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Agency shall, at the Client's written request specifying the grounds therefor, forthwith take off such personnel and provide as a replacement a person with qualifications and experience acceptable to the Client. Such person shall be inducted only after approval by the client.

c) For any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate of remuneration applicable to such person, the Agency may wish to claim as a result of such replacement, shall be subject to the prior written approval by the Client as per qualification of the personnel.

d) Except as the Client may otherwise agree, (i) the Agency shall bear all additional travel and other costs arising out of or incidental to any removal and / or replacement, and (ii) the remuneration to be paid for any of the Personnel provided as a replacement shall not exceed the remuneration which would have been payable to the Personnel replaced, and shall be as per the compensation rate of this contract.

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5. OBLIGATIONS OF THE CLIENT 5.1 Assistance and Exemptions:

(a) Unless otherwise specified, the Client shall use its best efforts to ensure to provide to the Agency, Sub-agency and Personnel any such other assistance as may be specified in the contract or reasonably required for performance under this contract.

5.2 Access to Offices: The Client warrants that the Agency shall have free and unimpeded access to its all offices in India in respect of which access is required for the performance of the Services.

5.3 Change in the Applicable Law: If after the date of signing of agreement there is any change in the Applicable Law with respect to taxes, levies and duties which increases or decreases the cost of reimbursable expenses incurred by the Agency in performing the Services, then the remuneration and reimbursable expenses otherwise payable to the Agency under the Contract shall be increased or decreased accordingly.

5.4 Facilities to be provided by the Client: 5.4.1 The Client shall nominate an authorized representative to liaise with the Agency

on all matters connected with the agreement. In turn, the Team Leader of the Agency for the work shall act as the Liaison Officer for the Agency to liaise with the representative of the Client.

5.5. Payment:

In consideration of the Services performed by the Agency under this Contract the Client shall make to the Agency such payments and in such manner as is provided in Clause 6 of the Contract.

6.0 PAYMENTS TO THE AGENCY 6.1 Payments to the Agency:

All payments shall be made by the Client to the Agency in Indian Rupees as per data sheet and TOR.

6.2 Currency of Payment: All payments shall be made in Indian Rupees.

6.3 Duties and Taxes: For domestic agency personnel and foreign agency personnel who are permanent residents in India; The agency, Sub-agency and the Personnel shall pay the taxes, duties, fees, levies and other impositions levied under the existing, amended or enacted laws during life of this contract and the client shall perform such duties in regard to the deduction of such taxes as may be lawfully imposed.

6.4 Mode of Billing and Payment: a) As soon as practicable as but not later than fifteen (15) days after the end of

each submission and its subsequent approval by the competent authority, the agency shall raise their bill periodically.

b) The Client shall cause the payment of the Agency’s monthly statements / bills within thirty (30) days after the receipt by the Client of such statements with supporting documents. Only such portion of a statement that is not satisfactorily supported may be withheld from payment. Should any discrepancy be found to exist between actual payment and cost authorized to be incurred by the Agency; the Client may add or subtract the difference from any subsequent payments. The interest at 8% per year on local currency shall become payable as from the above due date on any amount due but not paid on such due date.

c) The final payment under this Clause shall be made only after the final report and final statement identified as such shall have been submitted by the Agency and approved as satisfactory by the Client. Any amount which the Client has paid or caused to be paid in accordance with this clause in excess of the amount actually payable in accordance with

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the provisions of the Contract shall be reimbursed by the Agency to the Client within thirty (30) days after receipt by the Agency of notice thereof. Any such claim by the Client for reimbursement must be made within three (3) calendar months after receipt by the Client of a final report and a final statement approved by the Client in accordance with the above.

d) All payments under this contract shall be made to the accounts of the agency: 7. FAIRNESS AND GOOD FAITH: 7.1 Good Faith: The Parties undertake to act in good faith in respect to each other's rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract. 7.2 Operation of the Contract: The parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them and without detriment to the interest of either of them and that if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness but on failure to agree on any action pursuant to this Clause shall have the right of dispute subject to arbitration in accordance with Clause 8 thereof. 8.0 SETTLEMENT OF DISPUTES: 8.1 Amicable Settlement: The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or the interpretation thereof. 8.2 Right to Arbitration and Rules Procedure: Any dispute between the parties as to matters arising pursuant to this Contract which cannot be settled amicably within sixty (60) days after receipt by one Party of the other Party's request for such amicable settlement, shall be referred to the adjudication of a Committee of three arbitrators. The Committee shall be composed of one Dispute Review Expert to be nominated by the Client, one to be nominated by the Agency and the third, who will also act as the chairman of the Committee but not as an umpire, who will be chosen jointly by the two arbitrators from a panel of five candidates, none of whom would be in regular employment of the Government, supplied by the Director General, ESI Corporation. If either of the Parties fail to appoint his arbitrator or fail to agree on the third nominee within sixty (60) days after receipt of notice for the appointment of such arbitrator, the Standing Committee of ESI Corporation shall appoint, upon request from either Party and from such panel or otherwise, such arbitrator(s) for the matter in dispute. Save as otherwise provided in the Contract, the arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act 1996 and any statutory modification or enactment thereof and shall be held at such place and time in India as the committee of arbitrators may determine. The decision of the majority of the Arbitrators shall be final and binding as may be determined by the Arbitrators. Performance under the Contract shall continue during the arbitration proceedings and payments due to the Agency by the Client shall not be withheld, unless they are the subject matter of the arbitration proceedings. All awards shall be in writing and such awards shall state reasons for the awards. 8.3 Miscellaneous: If any arbitration proceedings hereunder: proceedings shall, unless otherwise agreed by the Parties, be held in Delhi. The English language shall be the official language for all the purposes, and the decision of majority of the arbitrators shall be final and binding and shall be enforceable in any court of competent jurisdiction and the Parties hereby waive any objections to or claims of immunity in respect of such enforcement.

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The Parties, in confirmation of the terms of agreement detailed hereinbefore put their hand dated this day of , 2007. Signature of the Agency Signature of the Client Stamp Stamp Witnesses: 1. Signature: Name: Designation: Address: 2. Signature: Name: Designation: Address:

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APPENDIX ‘A’

Copy of Letter of acceptance and other correspondence with the agency

Ref : ___________________ Acceptance Letter ________________________ Date : __________________ To, ESI Corporation Panchdeep Bhawan C.I.G. Road, New Delhi – 110002 Dear Sir, Sub.: Acceptance of offer for providing services of IT Professionals.

In consultation of ESI Corporation having offered the subject work of providing services of IT Professionals at its various sites vide letter No. _______________ dated ______. In consequence of techno-commercial bid issued vide Tender No. G-32/11/6/101/07-ISD dated 16-11-2007 M/s. ___________________ having qualified in the Tender hereby agrees and gives consent to the award of said providing services of IT Professionals as per terms and conditions intimated / communicated vide aforesaid techno-commercial bid documents. M/s. ______________________ also accepts and agrees to execute the legal agreement as per draft forwarded in the said bids and to furnish the required security/bank guarantee as stipulated therein.

We hereby accept and agree to the terms and conditions detailed in the said bids and

communicated to us.

Dated this ________________ day of ____________2005 at _____________. WITNESS Signature ______________________ Name _________________________ Official Address _________________ ______________________________ ______________________________ ______________________________

Signature ______________________ Name _________________________ ______________________________ (Designation with Bank Stamp) Attorney as per Power of Attorney

No. ______________________ Dated ______________

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APPENDIX “B”

FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY Ref : ___________________ Bank Guarantee : ________________________ Date : __________________ To, ESI Corporation Panchdeep Bhawan C.I.G. Road, New Delhi – 110002 Dear Sir, In consideration of Estate Employee Insurance Corporation” (hereinafter referred as the “Client”, which expression shall, unless repugnant to the context or meaning thereof include it successors, administrators and assigns) having awarded to M/s _________________________ (hereinafter referred to as the “Agency” which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a contract by issue of client’s Contract Agreement No. ______________________ dated ______________ and the same having been unequivocally accepted by the Agency, resulting in a Contract approximately valued at _________________ for providing services of IT Professionals at various offices of the Client (hereinafter called the “Contract”) and the agency having agreed to furnish a Bank Guarantee to the Client as Performance Security as stipulated by the Client in the said contract for performance of the above Contract amounting to ______________________ (in words and figures). We _________________ (Name of the Bank) having its Head Office at _____________________(hereinafter referred to as the Bank), which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators executors and assigns do hereby guarantee and undertake to pay the client Employees’ State Insurance Corporation immediately on demand any or, all monies payable by the Agency to the extent of _________________ as aforesaid at any time upto ________________@ without any demur, reservation, contest, recourse or protest and/or without any reference to the agency, in the form desired by the client. Any such demand made by the client on the Bank shall be conclusive and binding notwithstanding any difference between the Client and the Agency or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We agree that the Guarantee herein contained shall be irrevocable and shall continue to be enforceable till the Client discharges this guarantee. The Client shall have the fullest liberty without affecting in any way the liability of the Bank under the Guarantee, from time to time to vary the time for performance of the contract by the Agency. The Client shall have the fullest liberty without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Agency and to exercise the same at any time in any manner, and either to enforce or to forebear to enforce any covenants, contained or implied, in the Contract between the Client and the Agency or resort to any other course or security available to the Client. The bank shall not be relieved of its obligations under these presents by any exercise by the Client of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the Client or any other indulgence shown by the Client or by any other matter or thing whatsoever which under law would but for this provision have the effect of relieving the Bank.

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The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance without proceeding against the Agency and notwithstanding any security or other guarantee that the Client may have in relation to the Agency’s liabilities. Notwithstanding anything contained herein above our liability under this guarantee is limited to _____________ and it shall remain in force upto and including _________________@ and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s _________________ on whose behalf this guarantee has been given. Dated this _______________ day of _________________ 2007 at _____________ WITNESS ___________________________ __________________________ (Signature) (Signature) __________________________ ___________________________ (Name) (Name) ___________________________ ___________________________ ___________________________ ___________________________

(Official Address) Designation (with Bank Stamp) Attorney as per Power of Attorney No. _____________ Dated ___________________ Strike out, whichever is not applicable. @ The date will be eighteen month after the date of commencement of services. Note 1: The stamp papers of appropriate value shall be purchased in the name of bank who

issues the “Bank Guarantee”. Note 2: The Bank Guarantee will be accepted which is issued by State Bank of India or its subsidiaries or any Indian Nationalised Bank. If the Bank Guarantee is drawn on a foreign bank it will be accepted by ESIC only if such Guarantee is also accepted either by State Bank of India or any of its subsidiaries or any Indian Nationalised Bank.

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Appendix 'C'

Attendance Report

REPORT FOR THE MONTH OF : SITE DETAILS OPERATIVES DETAILS Attendance

Region

Sl

Place/Address of Regional / Sub-regional / Divisional /Branch Office / Dispensary / Hospital,

Approved (Number) Sl

Provided (Names of Technical Personnel)

Qualification

Category No. of

working days in the

month

No. of days

attended 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

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Appendix 'D'

KEY PERSONNEL Sl. No. Name of Personnel Title /Designation Contact Details

(Mobile) Contact Details (Office Phone)

1. 2. 3. 4. 5. …

63

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Appendix- E DEPLOYMENT REPORT FOR THE MONTH OF :

SITE DETAILS Identification Qualification

Region Sl

Place/Address of Regional / Sub-regional / Divisional /Branch Office / Dispensary / Hospital, Name Address

Contact No.

Qualification (s)

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