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1 RESERVE BANK OF INDIA Estate Department, Bhubaneswar Date of Publish: Mach 15, 2019 E-tender- No : RBI/Bhubaneswar/Estate/136/18-19/ET/282 Name of Work : Tender for Supply Installation Testing and Commissioning of EPABX System with Telephone wiring to each flat with Analog Instrument for Staff Qtrs at Baramunda, at Reserve Bank of India, Bhubaneswar. – 751001 Part I – TECHNO- COMMERCIAL BID E-Tender No : RBI/Bhubaneswar/Estate/136/18-19/ET/282 Name of Tenderer : ________________________________________________________ Address :__________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 1 Date of publish of Tender March 15, 2019 at 6:00 PM 2 Validity of Tender Three month from the above noted date 3 Date of pre-bid meeting April 08, 2019 at 11:00 AM 4 Due date of Submission April 18 2019 by 2:00 PM 5 Date of opening of Part I of the e-Tender April 18, 2019 by 3:00 PM

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  • 1

    RESERVE BANK OF INDIA Estate Department, Bhubaneswar

    Date of Publish: Mach 15, 2019

    E-tender- No : RBI/Bhubaneswar/Estate/136/18-19/ET/282 Name of Work : Tender for Supply Installation Testing and Commissioning of EPABX System with Telephone wiring to each flat with Analog Instrument for Staff Qtrs at Baramunda, at Reserve Bank of India, Bhubaneswar. – 751001

    Part I – TECHNO- COMMERCIAL BID

    E-Tender No : RBI/Bhubaneswar/Estate/136/18-19/ET/282

    Name of Tenderer : ________________________________________________________

    Address :__________________________________________________________________

    ___________________________________________________________________

    ___________________________________________________________________

    1 Date of publish of Tender March 15, 2019 at 6:00 PM

    2 Validity of Tender Three month from the above noted date

    3 Date of pre-bid meeting April 08, 2019 at 11:00 AM

    4 Due date of Submission April 18 2019 by 2:00 PM

    5 Date of opening of Part I of the e-Tender April 18, 2019 by 3:00 PM

  • 2

    DISCLAIMER Reserve Bank of India, Estate Department, Bhubaneswar, has prepared this document to give

    background information for Tender for Supply Installation Testing and Commissioning of EPABX

    System with Telephone wiring to each flat with Analog Instrument for Staff Qtrs at Baramunda, at

    Reserve Bank of India, Bhubaneswar - 751001 to the interested parties. While Reserve Bank of

    India has taken due care in the preparation of the information contained herein and believe it to be

    in order, neither Reserve Bank of India nor any of its authorities or agencies nor any of their

    respective officers, employees, agents or advisors give any warranty or make any representations,

    express or implied as to the completeness or accuracy of the information contained in this

    document or any information which may be provided in association with it.

    The information is not intended to be exhaustive. Interested parties are required to make their own

    inquiries and respondents will be required to confirm in writing that they have done so and they do

    not rely only on the information provided by RBI in submitting the Tender. The information is

    provided on the basis that it is non-binding on Reserve Bank of India or any of its authorities or

    agencies or any of their respective officers, employees, agents or advisors.

    Reserve Bank of India reserves the right not to proceed with the Project or to change the

    configuration of the Project, to alter the time table reflected in this document or to change the

    process or procedure to be applied. It also reserves the right to decline to discuss the matter

    further with any party expressing interest. No reimbursement of cost of any type will be paid to

    persons or entities expressing interest.

  • 3

    RESERVE BANK OF INDIA

    ESTATE DEPARTMENT BHUBANESWAR

    NOTICE INVITING TENDER (NIT)

    (Only through e-procurement)

    SCHEDULE OF TENDER (SOT) E-Tenders are invited under two-bid system by the Regional Director, Reserve Bank of India,

    Bhubaneswar, from reputed companies/agencies/firms for Supply Installation Testing and

    Commissioning of EPABX System with Telephone wiring to each flat with Analog Instrument for

    Staff Qtrs at Baramunda, at Reserve Bank of India, Bhubaneswar. The details are as follows :

    a. e-Tender No. RBI/Bhubaneswar/Estate/136/18-19/ET/282 b. Name of the work : Supply Installation Testing and Commissioning

    of EPABX System with Telephone wiring to each flat with Analog Instrument for Staff Qtrs at Baramunda, at Reserve Bank of India, Bhubaneswar – 751001

    c. Mode of Tender e-Procurement System Online (Part I – Techno- Commercial Bid and Part II - Financial Bid through https://www.mstcecommerce.com/eprochome/rbi

    d. Date of NIT available to the parties to download

    March 15, 2019 from 6:00 PM onwards

    e. Date and venue of pre-bid meeting (offline) 11:00 AM on April 08, 2019 In the Conference Hall, 2nd Floor, Reserve Bank of India, Pt. Jawaharlal Nehru Marg Bhubaneswar – 751001

    f. Uploading the outcome of Pre-bid meeting on to RBI website in the form of addendum, corrigendum, etc.

    By 6:00 PM on April 08, 2019

    g. Estimated cost of work Rs. 8,53,090/- (Rupees Eight Lakh Fifty Three Thousand and Ninety Only)

    h. Earnest Money Deposit Rs. 17,062/-(Rupees Seventeen Thousand and Sixty Two only) in the form of Demand Draft, in favor of Reserve Bank of India, Bhubaneswar to be delivered in physical form at Estate Department Second floor, Reserve Bank of India Pt. Jawaharlal Nehru Marg, Bhubaneswar, OR

    https://www.mstcecommerce.com/eprochome/rbihttps://www.mstcecommerce.com/eprochome/rbi

  • 4

    Payment of Rs. 17,062/- (Rupees Seventeen Thousand and Sixty Two only) by NEFT to Beneficiary Name: RBI Bhubaneswar Beneficiary A/c No:186004001 IFSC: RBIS0BBPA01 Note: Kindly mention your name/ company name in the NEFT Transaction remarks. Or Rs. 17,062/- in the form of Bank Guarantee, as per enclosed format of Bank guarantee for EMD as per Annexure-II

    i Last date of submission of DD and/or NEFT transaction receipt for EMD

    April 18, 2019 through NEFT Transaction. DD can be submitted on or before April 18, 2019 by 14:00 Hrs.

    j. Bidding start date of Techno- Commercial Bid and Financial Bid at https://mstcecommerce.com/eprochome/rbi

    10:00 Hrs of April 09, 2019

    k. Date of closing of online e-Tender for submission of Techno- Commercial Bid & Financial Bid

    14:00 Hrs. of April 18, 2019

    l. Date & time of opening of Part-I (i.e. Techno- Commercial Bid)

    15:00 Hrs. of April 18, 2019

    m. Date & Time of opening of Part- II (Financial Bid)

    Opening of Financial Bid will be intimated to all the eligible bidders later

    n. Transaction fee Rs 749/- plus GST Payment of Transaction fee through MSTC Gateway/NEFT/RTGS in favour of MSTC Limited or as advised by M/s MSTC Ltd.

    o. Tender fees for download from portal Nil

    (MK Mall) Regional Director March 15, 2019

    https://mstcecommerce.com/eprochome/rbi

  • 5

    Name of Work: E-Tender for Supply Installation Testing and Commissioning of EPABX System with Telephone wiring to each flat with Analog Instrument for Staff Quarters at Baramunda, at Reserve Bank of India, Bhubaneswar – 751001. Important instructions for E-procurement Bidders are requested to read the terms & conditions of this tender before submitting their online tender. Process of e-Tender: A) Registration: The process involves vendor’s registration with MSTC e-procurement portal which is free of cost. Only after registration, the vendor(s) can submit his/their bids electronically. Electronic Bidding for submission of Technical Bid will be done over the internet. The vendor should possess Class III signing type digital certificate. Vendors are to make their own arrangement for bidding from a P.C. connected with Internet. MSTC is not responsible for making such arrangement. (Bids will not be recorded without Digital Signature). SPECIAL NOTE: THE TECHNICAL BID HAS TO BE SUBMITTED ON-LINE at www.mstcecommerce.com/eprochome/rbi 1) Vendors are required to register themselves online with www.mstcecommerce.com → e- Procurement → PSU/Govt. Depts. → Select RBI Logo → Register as Vendor → Filling up details and creating own user id and password → Submit. 2) Vendors will receive a system generated mail confirming their registration in their email which has been provided during filling the registration form. In case of any clarification, please contact RBI/MSTC, before the scheduled time of e-Tender. Contact person (RBI):

    i) NARAYAN CHANDRA PANDA, Assistant General Manager, E-mail ID: [email protected], Phone no: 0674-2396463

    ii) SP SAHU Manager(Electrical),

    E-mail ID: [email protected] Phone no: 0674-2399990

    https://www.mstcecommerce.com/eprochome/rbihttps://www.mstcecommerce.com/eprochome/rbihttps://www.mstcecommerce.com/mailto:[email protected]:[email protected]

  • 6

    Contact person (MSTC Ltd): MSTC Technical Help Desk- 0674-2571699(D)

    1. Shri Tammana DMV Satyasai, BM [email protected] 0674 - 2571699(D) 09441487624

    2. Shri Ramavath Mahesh, AM [email protected] 0674-2571699 (D) 08801281004

    B) System Requirement: I. Windows 7 or above Operating System II. IE-7 and above Internet browser. III. Signing type digital signature IV. Latest updated JRE 8 (x86 Offline) software to be downloaded and installed in the system. To disable “Protected Mode” for DSC to appear in the signer box following settings may be applied. Tools => Internet Options =>Security => Disable protected Mode if enabled- i.e., Remove the tick fromthe tick box mentioning “Enable Protected Mode”. Other Settings: Tools => Internet Options => General => Click on Settings under “browsing history/ Delete Browsing History” => Temporary Internet Files => Activate “Every time I Visit the Webpage”. To enable ALL active X controls and disable ‘use pop up blocker’ under Tools→ Internet Options → custom level (Please run IE settings from the page www.mstcecommerce.com once) 2. The Technical Bid and the Financial Bid shall have to be submitted online at www.mstcecommerce.com/eprochome/rbi. Bids will be opened electronically on specified date and time as given in the Tender. 3. All entries in the tender should be entered in online Technical & Commercial Formats without any ambiguity. Special Note towards Transaction fee: 4. The vendors shall pay the transaction fee using “Transaction Fee Payment” Link under “My Menu” in the vendor login. The vendors have to select the particular tender from the event dropdown box. The vendor shall have the facility of making the payment either through NEFT or Online Payment. On selecting NEFT, the vendor shall generate a challan by filling up a form. The vendor shall remit the transaction fee amount as per the details printed on the challan without making change in the same. On selecting Online Payment, the vendor shall have the provision of making payment using its Credit/ Debit Card/ Net Banking. Once the payment gets credited to MSTC’s designated bank account, the transaction fee shall be auto authorized and the vendor shall be receiving a system generated mail.

    mailto:[email protected]:[email protected]://www.mstcecommerce.com/https://www.mstcecommerce.com/eprochome/rbihttps://www.mstcecommerce.com/eprochome/rbi

  • 7

    5. Transaction fee is non-refundable. A vendor will not have the access to online e-Tender without making the payment towards transaction fee. NOTE: Bidders are advised to remit the transaction fee well in advance before the closing time of the event so as to give themselves sufficient time to submit the bid. 6. Information about tenders /corrigendum uploaded shall be sent by email only during the process till finalization of tender. Hence the vendors are required to ensure that their corporate email I.D. provided is valid and updated at the time of registration of vendor with MSTC. Vendors are also requested to ensure validity of their DSC (Digital Signature Certificate). 7. E-Tender cannot be accessed after the due date and time mentioned in NIT. 8. Bidding in e-Tender: a) Vendor(s) need to submit necessary EMD, Tender fees (if any) and Transaction fees (If any)

    to be eligible to bid online in the e-Tender. Tender fees and Transaction fees are non-refundable. No interest will be paid on EMD. EMD of the unsuccessful vendor(s) will be refunded by the tender inviting authority.

    b) The process involves Electronic Bidding for submission of Technical and Commercial Bid. c) The vendor(s) who have submitted transaction fee can only submit their Technical Bid and

    Commercial Bid through internet in MSTC website www.mstcecommerce.com → e- procurement → PSU/Govt depts → Login under RBI → My menu→ Auction Floor Manager → live event →Selection of the live event.

    d) The vendor should allow running JAVA application. This exercise has to be done immediately after opening of Bid floor. Then they have to fill up Common terms/Commercial specification and save the same. After that click on the Technical bid. If this application is not run, then the vendor will not be able to save/submit his Technical bid.

    e) After filling the Technical Bid, vendor should click ‘save’ for recording their Technical bid. Once the same is done, the Commercial Bid link becomes active and the same has to filled up and then vendor should click on “save” to record their Commercial bid. Then once both the Technical bid has been saved, the vendor can click on the “Final submission” button to register their bid.

    f) Vendors are instructed to use Attach Doc button to upload documents. Multiple documents can be uploaded.

    g) In all cases, vendor should use their own ID and Password along with Digital Signature at the time of submission of their bid.

    h) During the entire e-Tender process, the vendors will remain completely anonymous to one another and also to everybody else.

    i) The e-Tender floor shall remain open from the pre-announced date & time and for as much duration as mentioned above. All electronic bids submitted during the e-Tender process shall be legally binding on the vendor. Any bid will be considered as the valid bid offered by that vendor and acceptance of the same by the Buyer will form a binding contract between Buyer and the Vendor for execution of supply.

    j) It is mandatory that all the bids are submitted with digital signature certificate, otherwise the same will not be accepted by the system.

    https://www.mstcecommerce.com/

  • 8

    k) Buyer reserves the right to cancel or reject or accept or withdraw or extend the tender in full

    or part as the case may be without assigning any reason thereof. l) No deviation of the terms and conditions of the tender document is acceptable. Submission

    of bid in the e-Tender floor by any vendor confirms his acceptance of terms & conditions of the tender.

    m) Any order resulting from this tender shall be governed by the terms and conditions mentioned therein.

    n) The tender inviting authority has the right to cancel this e-Tender or extend the due date of receipt of bid(s) without assigning any reason thereof.

    o) Vendors are requested to read the vendor guide and see the video in the page www.mstcecommerce.com/eprochome to familiarize them with the system before bidding.

    p) No deviation to the technical and commercial terms & conditions are allowed. Submission of bid in the e-tender floor by any vendor confirms his acceptance of terms & conditions for the tender. Any order resulting from this tender shall be governed by the terms and conditions mentioned therein. The tender inviting authority has the right to cancel this e-tender or extend the due date of receipt of bid(s) without assigning any reasons thereof. Vendors are requested to read the vendor guide and see the video in the page www.mstcecommerce.com/eprochome to familiarize them with the system before bidding

    https://www.mstcecommerce.com/eprochomehttps://www.mstcecommerce.com/eprochomehttps://www.mstcecommerce.com/eprochomehttps://www.mstcecommerce.com/eprochome

  • 9

    Name of Work: E-Tender for Supply Installation Testing and Commissioning of EPABX System with Telephone wiring to each flat with Analog Instrument for Staff Quarters at Baramunda, at Reserve Bank of India, Bhubaneswar – 751001.

    1. E-Tenders are invited under two-bid system by the Regional Director, Reserve Bank of India, Bhubaneswar, from OEM or their authorised dealer for Supply Installation Testing and Commissioning of EPABX System with Telephone wiring to each flat with Analog Instrument for Staff Quarters at Baramunda, at Reserve Bank of India, Bhubaneswar – 751001. The work is estimated to cost Rs.14.98 lakh and is to be completed within a period of 30 days.

    2. Tenders will be consider for opening to Part- II (Financial bid) only for those firms having:

    • Minimum 5 years’ experience in undertaking similar nature of works

    • Minimum yearly turnover of at least Rs.14.98 lakh during last 3 years supported

    by audited financial statements.

    • Should furnish solvency certificate issued by the Applicant’s banker specifically for the purpose of the work, for an amount of Rs.14.98 lakh.

    • Completed works of Supply Installation Testing and Commissioning of EPABX

    System with Telephone wiring to each flat with Analog Instrument individually costing

    (a) Three works each costing not less than the amount equal to Rs.,5,99,200/- (40% of the estimated cost) or

    (b) Two works each costing not less than the amount equal to Rs.7,49,000/- (50% of the estimated cost) or

    (c) One work costing not less than the amount equal to Rs.11,98,400/- (80% of the estimated cost during the last five years (works completed on or before November 2019).

    • Tenderers should submit copies of detailed work order indicating scope and

    value of works and completion certificate for the qualifying works.

    • Tenderers should also provide a list of completed works with all the details.

    • A service setup in Bhubaneswar for rendering after sales service. The proof of service setup such as local electricity bill/telephone bill /Rental Agreement must be uploaded in the e-tendering portal.

    3. The companies/firms participating in the bidding process are required to submit/upload

    the following documents along with Part-I in the e-tendering portal in order to satisfy the Bank about their eligibility for participating in the tendering process. The bidders who fail to submit/upload any of the following documents in the e-tendering portal will not be eligible for opening of Part-II (Price bid) :

  • 10

    (a) Composition of the firm Full particulars (whether contractor is an individual, or a partnership firm, or a company etc.) of the composition of the firm of contractors in detail should be submitted along with

    name(s) and address(es) of the partners, copy of the Articles of Association / power of Attorney/any other relevant

    document.

    (b) Work experience & Completion of similar works of specified value during the specified period

    Copies of the detailed work orders indicating date of award, value of awarded work, time given for completing the work, etc and the corresponding completion certificates indicating actual date of completion and actual value of executed similar works should be enclosed in proof of the work experience. The details along with documentary evidence of previous experience, if any, of carrying out works for the Reserve Bank of India at any centre should also be submitted.

    (c) Creditworthiness of the contractor & their Turn over during the specified period

    Income Tax Assessment orders along with the latest final accounts of the business of the contractor duly certified by a Chartered Accountant should be enclosed in proof of their creditworthiness and turnover for last three years

    (d) Service Set-up Certificate from the manufacturers / any other valid

    document in support of having a full-fledged service setup at the desired place should be enclosed.

    (e) Name(s) and address(es) of the Bankers and their present contact executives

    Written information about the names and addresses of their bankers along with full details, like names, postal addresses, e-mail IDs, telephone (landline and mobile) nos., fax nos., etc., of the contact executives (i.e. the persons who can be contacted at the office of their Bankers by the Bank in case it is so needed) should be furnished.

    (f) Details of bank accounts Full particulars of their bank accounts, like account no., type, when opened, etc., should be given.

    (g) Name(s) and

    address(es) of the Clients and their present contact executives

    Written information about the names and addresses of their clients along with full details, like names, postal addresses, e-mail IDs, telephone (landline and mobile) nos., fax nos., etc., of the contact executives (i.e. the persons who can be contacted at the office of their clients by the Bank in case it is so needed) should be furnished.

  • 11

    (h) Details of completed works

    The client-wise names of work(s), year(s) of execution of work(s), awarded and actual cost(s) of executed work(s), completion time stipulated in the contract(s) and actual time taken to complete the work(s), name(s) and full contact-details of the officers/ authorities / departments under whom the work(s) was/were executed should be furnished.

    (i)

    Client Certificate

    02 Client Certificate as per the format in Annexure VI

    4. In the event of intending tenderers’ failure to satisfy the Bank regarding the eligibility criteria;

    the Bank reserves the right to cancel the bids submitted by the company/firms/bidders. The decision of the Bank in this regard would be final and binding.

    5. E-Tender’s in prescribed form shall be duly filled and submitted in two parts in the e-tendering

    portal only. Part-I of tender will contain the Bank’s standard technical and commercial conditions for the proposed work, tenderers’ covering letter ,documents to be submitted in order to satisfy eligibility criteria and the submission of EMD of Rs.17,062/- (Rupees Seventeen Thousand and Sixty Two only) in the form of an irrevocable bank guarantee issued by a scheduled bank in the Bank’s standard proforma (Annexure-II) which is available in the tender-form or through a demand draft favouring “Reserve Bank of India” payable at “Bhubaneswar - 751001-” or through NEFT transaction to the account details as per the instructions specified in the Schedule of tender (SOT) above. Bank does not consider any exemption from payment of EMD. NSIC/MSME or any other certificate is not acceptable from the exemption of EMD.

    6. Part II tender will contain no conditions but only Bank’s schedule of quantities, tender

    drawings, if any, and tenderers’ price bid which is required to be quoted in the e-tendering portal only. Uploading of the price bid along with the other documents would result in rejection of the bids submitted by the bidder.

    7. Part I of the tenders will be opened at April 18, 2019 at 15:00 Hrs in the presence of the

    authorized representative of the tenderers who choose to be present. Part II of the tender will be opened on a subsequent date which will be intimated to the tenderers later.

    8. The Bank shall obtain reports on past performance of the tenderer from his clients and

    bankers. The Bank shall evaluate the said reports before opening of the Part – II of the tenders. If any tenderer is not found to possess the required eligibility for participating in the tendering process at any point of time and/or his performance reports received from his clients and/or his bankers are found unsatisfactory, the Bank reserves the right to reject his offer even after opening of Part - I of the tender and his sealed cover containing Part-II of the tender along with EMD shall be returned back to him as it is. The Bank is not bound to assign any reason for doing so.

  • 12

    9. The Bank is not bound to accept the lowest tender and reserves the right to accept either in

    full or in part any tender. The Bank also reserves the right to reject all the tenders without assigning any reason therefore.

    Date: March 15, 2019 MK Mall Bhubaneswar - 751001 Regional Director

    *********

  • 13

    INDEX

    S. No. Item

    1 Section A - Form of Tender

    2 Section B - Article of Agreement

    3 Section C - General Instructions to Contractor

    4 Section D - Special condition

    5 Section E - Safety Code

    6 Section F - Technical Specifications

    7 Commercial conditions – Acceptance check list

    8 Annexure I- List of approved make of materials

    9 Annexure II- Format of BG in lieu of EMD

    10 Annexure III – Format of BG for Security Deposit

    11 Annexure IV – Format for Bankers’ Certificate

    11 Annexure V – Format for Solvency’ Certificate

    12 Proforma of principal bankers and similar works

    13 Annexure VI – Client certificate regarding

    performance of Contractor

    14 Annexure VII – Format of power of Attorney

  • 14

    SECTION- A

    Form of Tender

    To Place: -----------------------------

    The Regional Director Date: ------------------------------ Reserve Bank of India Bhubaneswar - 751001.

    Dear Sir,

    We have carefully examined the specifications, designs and schedule of quantities relating to the works specified in the memorandum hereinafter set out and have visited and examined the installation site of the works specified in the said memorandum and have acquired the requisite information relating thereto as affecting the tender. We hereby offer to execute the works specified in the said memorandum within the specified time, specified in the said memorandum at the rates mentioned in the attached Schedule of Quantities and in accordance in all respects with specifications, designs and instructions in writing referred to in articles of agreement, general instructions to the tenderers and special conditions, conditions hereinbefore referred to, specifications, schedule of works, data sheet and schedule of quantities and with such materials as are provided for, by and in all other respects, in accordance with such conditions so far as they may be applicable.

    MEMORANDUM

    (a) Description of works Supply, Installation, Testing and Commissioning of EPABX

    System with Telephone wiring to each flat with Analog

    Instrument for Staff Qtrs at Baramunda, Reserve Bank of India,

    Bhubaneswar.

    (b) Estimated cost Rs. 8,53,090/- lakhs (Including GST)

    (c) Mode of payment As per clause 20(A) under Section -C.

    (d) Earnest Money Rs. 17,062/-

    (e) Percentage to be deducted from each RA bills.

    5 %.

    (f) Time allowed for completion of the work from the 10th day after the written order to commence the work.

    30 days.

  • 15

    2. We also agree that our tender will remain valid for acceptance by the Bank for 90 days from the date of opening of Part I of the tender and this period of validity can be extended for such period as may be mutually agreed between the Bank and us in writing.

    3. Should this Tender be accepted, I/we hereby agree to abide by and fulfill all the Terms and Conditions of the Tender and in default thereof, to forfeit and pay to you or your successors, or assignees or nominees such sums of money as are stipulated in the conditions contained in the tender together with the written acceptance of the Contract.

    4. I/We understand that you reserve the right to accept or reject any or all the tender either in full or in part without assigning any reason therefor.

    5. The E-Tender is submitted in two parts (bids) online at www.mstcecommerce.com/eprochome/rbi. The Technical Bid and the Financial Bid shall be submitted online at www.mstcecommerce.com/eprochome/rbi.

    Dated this---------- day of -------- 2019.

    For and on behalf of M/s ----------------------------------------------------------------------

    -----------------------------------------------------

    (Signature with seal)

    Name :

    Designation :

    Place :

    Date :

    (Certified true copy of the Power of Attorney of the above signatory should be enclosed).

    Witnesses:

    1 Signature with name, address and date:-

    -------------------------------------------------------------------------------------------------------

    2. Signature with name, address and date:-

    ______________________________________________________________________________

    https://www.mstcecommerce.com/eprochome/rbihttps://www.mstcecommerce.com/eprochome/rbihttps://www.mstcecommerce.com/eprochome/rbi

  • 16

    SECTION- B.

    ARTICLES OF AGREEMENT

    ARTICLES OF AGREEMENT made on the ___________ day of _______________ two thousand eighteen between the Reserve Bank of India having its Central Office at Mumbai – 400001 (hereinafter called “the Bank” of the one part and _________________________ (hereinafter called “the Contractor”) of the other part.

    WHEREAS the Bank is desirous for Supply Installation Testing and Commissioning of EPABX System with Telephone wiring to each flat with Analog Instrument for Staff Qtrs at Baramunda, Reserve Bank of India, Bhubaneswar and has caused drawings and specifications describing the work to be done.

    AND WHEREAS the said Drawings from Numbers ________________ to ______________ , the specifications, and the schedule of quantities have been signed by or on behalf of the parties hereto.

    AND WHEREAS the Contractor has agreed to execute upon and subject to the conditions set forth in special conditions and in the Schedule of Quantities and Conditions of Contract (all of which are collectively hereinafter referred to as “the said Conditions”) the works shown upon the said Drawings and or described in the said Specifications and included in the Schedule of Quantities at the respective rates therein set forth amounting to the sum as therein arrived at or such other sum as shall become payable thereunder (hereinafter referred to as “the said Contract amount”).

    NOW IT IS HEREBY AGREED AS FOLLOWS:

    1. In consideration of said Contract Amount to be paid at the times and in the manner set forth in the said conditions, the Contractor shall upon and subject to the said Conditions execute and complete the work shown upon the said Drawings and described in the said Drawings and described in the said Specifications and the Schedule of Quantities.

    2. The Employer shall pay the Contractor the said Contract Amount, or such other sum as shall become payable, at the times and in the manner specified in the said conditions.

    3. The said Conditions and Appendix thereto shall be read and construed as forming part of this agreement and the parties hereto shall respectively abide by, submit themselves to the said Conditions and perform the agreements on their part respectively in the said Conditions contained.

  • 17

    4. The drawing, agreement and documents mentioned herein shall form the basis of this Contract.

    5. This Contract is neither a fixed Lump sum Contract nor a Piece work Contract but is a Contract to carry out the Supply Installation Testing and Commissioning of EPABX System with Telephone wiring to each flat with Analog Instrument for Staff Qtrs at Baramunda, Reserve Bank of India, Bhubaneswar to be paid for according to actual measured quantities at the rates contained in the Schedule of Rates and Probable quantities or as provided in the said Conditions.

    6.The Contractor shall afford every reasonable facility for the carrying out of all works relating to civil works and other ancillary works in the manner laid down in the said Conditions, and shall make good any damages done to walls, floors etc. after the completion of such works.

    7. The Bank reserves to itself the right of altering the Drawings and nature of the work by adding to or omitting any items of work or having portions of the same carried out without prejudice to this contract.

    8. Time shall be considered as the essence of this Contract, and the Contractor hereby agrees to commence the work soon after the site is handed over to him or from tenth day after the day of issue of formal works order as provided for in the said Conditions, whichever is later, and to complete the entire work within 30 days, subject nevertheless to the provisions for extension of time.

    9. The Employer reserves to itself the right of altering the items to be executed by adding to or omitting any items of work or having portions of the same carried out without prejudice to this Contract. However, the Contractor shall not be entitled to any payment for the works done exceeding the tender quantities unless specifically approved in writing by the Engineer.

    10. All payments by the Employer under this Contract will be made only at Reserve Bank of India, Bhubaneswar.

    11. All disputes arising out of or in any way connected with this Agreement shall be deemed to have arisen at Bhubaneswar and only courts in Bhubaneswar shall have jurisdiction to determine the same.

    12. Sexual Harassment Clause: The Contractor shall comply with the provisions of “the Sexual Harassment of women at work place (Prevention, Prohibition and Redressal) Act, 2013”. In case of any complaint of sexual harassment against its employee within the premises of the Bank, the complaint will be filed before the Internal Complaints Committee constituted by the Contractor and the Contractor shall ensure appropriate action under the said Act in respect to the complaint. Any

  • 18

    complaint of sexual harassment from any aggrieved employee of the contractor against any employee of the Bank shall be taken cognizance of by the Regional Complaints Committee constituted by the Bank. The Contractor shall be responsible for any monetary compensation that may need to be paid in case the incident involves the employees of the Contractor, for instance any monetary relief to Bank’s employee, if sexual violence by the employee of the Contractor is proved. The Contractor shall be responsible for educating its employees about prevention of sexual harassment at work place and related issues.

    13. Non-disclosure clause: The Contractor shall not disclose directly or indirectly any information, materials and details of the Bank’s infrastructure/Systems/equipment etc., which may come to the possession or knowledge of the Contractor during the course of discharging its contractual obligations in connection with this agreement, to any third party and shall at all times hold the same in strictest confidence. The Contractor shall treat the details of the contract as private and confidential, except to the extent necessary to carry out the obligations under it or to comply with applicable laws. The Contractor shall not publish, permit to be published, or disclose any particulars of the works in any trade or technical paper or elsewhere without the previous written consent of the Employer. The Contractor shall indemnify the Employer for any loss suffered by the Employer as a result of disclosure of any confidential information. Failure to observe the above shall be treated as breach of contract on the part of the Contractor and the Employer shall be entitled to claim damages and pursue legal remedies. The Contractor shall take all appropriate actions with respect to its employees to ensure that the obligations of non-disclosure of confidential information under this agreement are fully satisfied. The Contractor’s obligations with respect to non-disclosure and confidentiality will survive the expiry or termination of this agreement for whatever reason.

    14. That the several parts of this Contract have been read by the Contractor and fully understood by the Contractor.

    IN WITNESS WHEREOF the Employer and the Contractor have set their respective hands to these presents and two duplicates hereof the day and year first herein above written.

    (If the Contractor is a partnership firm or an individual)

    IN WITNESS WHEREOF the employer has set its hands to these presents through its duly authorized officials and the Contractor has caused its common seal to be affixed hereunto and the said two duplicates hereof to be executed on its behalf, the day and year first herein above written.

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    (If the Contractor is a company).

    Signature Clause:

    SIGNED AND DELIVERED by the

    Reserve Bank of India, Bhubaneswar

    _______________________ ______

    _____________________________

    (Name and designation)

    In the presence of

    1 __________________________

    Address ____________________ ____

    __________________________

    2 _________________________

    Address ________________________

    __________________________

    (Witnesses)

    If the party is a partnership firm or an

    individual

    SIGNED AND DELIVERED BY____________________________

    ___________________________________________

    In the presence of

    1 __________________________

    Address ____________________

    __________________________

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    2 __________________________

    Address ____________________

    __________________________

    (Witnesses)

    THE COMMON SEAL OF __________________________

    Was hereunto affixed pursuant to the resolutions Passed by its Board of Directors at the meeting held on _____________

    in the presence of

    (Witness)

    1 __________________________

    2 __________________________

    If the contractor signs under common seal, the signature clause should tally with the sealing causes in the Articles of Association

    Directors, who have signed these presents in token thereof in the presence of

    1. __________________________

    2. __________________________

    If the contract is signed by the

    hand of Power of Attorney, whether a company or an individual

    SIGNED AND DELIVERED BY

    The contractor by the hand of

    shri ____________________________ .

    And duly constituted attorney.

  • 21

    SECTION - C

    GENERAL INSTRUCTIONS TO CONTRACTORS

    1. Sealed tenders are invited by the Reserve Bank of India for Supply Installation Testing and Commissioning of EPABX System with Telephone wiring to each flat with Analog Instrument for Staff Qtrs at Baramunda, Reserve Bank of India, Bhubaneswar. The tenders for the above work in two parts i.e. Part-I containing technical specifications of equipment and the terms and conditions (Rates and amount of items shall not appear anywhere in this part) and Part-II containing only rates of items stated in figures and words and amounts in figures and words shall be submitted, both in duplicate and in separate sealed covers addressed to The Regional Director, Reserve Bank of India, Estate Department, Bhubaneswar, so as to reach him not later than 1400 hrs. on April 18, 2019. No terms and conditions or any other information/ enclosure shall be included in Part II. Any information and enclosure other than prices against the items appearing in Part II shall not be considered for evaluation. Part-I of the tenders will be opened on the same day at 1500 hrs. All the envelopes shall be super-scribed "Tenders for Supply Installation Testing and Commissioning of EPABX System with Telephone wiring to each flat with Analog Instrument for Staff Qtrs at Baramunda, Reserve Bank of India, Bhubaneswar. (Part-I /Part-II)". Part-II of the tender will be opened on same date or a subsequent date under intimation to all the tenderers. Tenderers are advised to use only the forms supplied by the Bank and not to use any other forms on their own letterhead or otherwise for furnishing any information/rates/amount etc. However the firms shall enclose the relevant catalogues/leaflets/brochures of the manufacturers of the equipment offered along with the Part-I of tender. Incomplete tenders may be rejected at Bank’s discretion.

    2. Tender should clearly indicate on each copy of the tender under their full signature whether it is original or duplicate copy.

    a) Tenders shall remain valid for acceptance by the Bank for a period of 90 days from the date of opening of the part-I of the tender which period may be extended by mutual agreement and the tenderer shall not cancel or withdraw the tender during this period.

    b) The tenderers must use only the forms issued by the Bank to fill in the rates. Any addition/alteration in the text of the tender form made by the tenderer shall not be valid and shall be treated as null and void.

    c) The tender form must be filled in English or Hindi and all entries must be made by hand and written in ink. If any of the documents is missing or unsigned, the tender may be considered invalid by the Bank at its discretion.

    d) Rates should be quoted both in figures and words in columns specified. All erasures and alterations made while filling the tender must be attested by initials of the tenderer. Over-writing of figures is not permitted. Failure to comply with either or these conditions will render the tender void at the Bank’s option. No advice whatsoever especially on any change in rate, specifications or conditions after opening the tender will be entertained.

  • 22

    e) Each of the tender documents should be signed by the person or persons submitting the tender in token of his/their having acquainted himself/themselves with the General Conditions of the contract, General Specifications, Special Conditions etc. as laid down. Any tender with any of the documents not so signed will be rejected.

    f) Tender shall be evaluated on the net value. The firm quoting lowest after including buyback (if applicable) amount will be considered as the L1 bidder.

    3. The tender submitted on behalf of a firm shall be signed by all the partners of the firm or by a partner who has the necessary authority on behalf of the firm to enter into the proposed contract. Otherwise the tender may be rejected by the Bank.

    4. The Reserve Bank of India does not bind itself to accept the lowest or any other tender and reserves to itself the right to accept or reject any or all the tenders, either in whole or in part, without assigning any reason for doing so.

    5. On receipt of intimation of the acceptance of his/their tender, from the Bank, the successful tenderer shall be bound to sign the formal contact and within fourteen days thereof the successful tenderer shall sign an agreement in accordance with the draft agreement and the schedule or conditions but the written acceptance by the Reserve Bank of India of a tender will constitute a binding contract between the Reserve Bank of India and the person so tendering, whether such formal agreement is or is not subsequently executed. The cost of necessary stamp paper for execution of agreement shall be borne by the successful tenderer.

    6. The contractor shall not assign the contract. He shall not sublet any portion of the contract except with the written consent of the Employer. In case of breach of this condition, the Employer may serve a notice in writing to the contractor rescinding the contract whereupon the security deposit shall stand forfeited to the Employer, without prejudice to Bank’s other remedies against the contractor.

    7. The contractor shall carry out all the works strictly in accordance with specifications, drawings, details and instructions of the Bank’s Engineer. If in the opinion of Bank’s Engineer, changes have to be made in the design and with the prior approval in writing of the Employer they desire the contractor to carry out the same, the contractor shall carryout the same. The Bank’s Engineer’s decision in such cases shall be final.

    8. A schedule of Probable Quantities in respect of each item of work and specifications accompany these special conditions. The Schedule of Probable quantities is liable to alterations by Bank’s Engineer. Each tender should contain not only the rates but also value of each item of work entered in a separate column and all the amount quoted against various items should be totalled in order to show the aggregate value of the entire tender.

    9. The tenderer must obtain for himself on his own responsibility and at his own expense all the information which may be necessary for the purpose of making a tender and for entering into a contract and must examine the Drawings, inspect the site of the work and acquaint himself with the entire scope of work, all local conditions, means of access to the work, nature of the work and matters appertaining thereto.

    10. The rates quoted in the tender shall include all charges, transportation, loading, unloading, packing, crating, forwarding, freight charges, transit insurance cover etc. The rates shall also be firm and shall not be subject to exchange variation, labour conditions, fluctuation in railway/road

  • 23

    freights or any other conditions whatsoever. The tenderers must include in their rates, sales tax including works contract tax, excise duty, octroi or any other tax and duty or other levy whether existing or future, levy levied by the Central Government or any State Government or Local Authority, if applicable. No claim in respect of sales tax, excise duty, octroi or other tax, duty or levy whether existing or future, shall be entertained by the Employer.

    11. The Contractor should note that unless otherwise stated , the tender is strictly on item rate basis and his attention is drawn to the fact that rates for each and every item should be correct, workable and self-supporting. The quantities in Schedule of Quantities approximately indicate the total extent of work but may vary to any extent and may even be omitted thus altering the aggregate value of the contract. No claim shall be entertained on this account. Payment will be made as per actual measurement at site.

    12. The Contractor may, when authorized, and shall, when directed, in writing by the Bank omit from or vary the works shown upon the drawings, or described in the specification, or include in the schedule of quantities, but the Contractor shall make no addition, omission or variation without such authorization or direction. A verbal authority or direction by the Bank shall, if confirmed by them in writing within seven days, be deemed to have been given in writing.

    13. Liquidated Damages - Time is the essence of contract. Time allowed for carrying out the entire work is 30 days which shall be strictly observed by the tenderer and it shall be reckoned from the 10th day of the date of written order to commence the work is issued. The work shall throughout the stipulated period of the contract be proceeded with all due diligence and if the contractor fails to complete the work within the specified period, he shall be liable to pay compensation to the Bank at the rate of 0.25% of accepted contract amount per week subject to a maximum of 10% of the accepted tender amount. The tenderer shall before commencing the work prepare a detailed work programme, which shall be approved by the Bank’s Engineer.

    14. Along with the tender, the tenderer shall submit an undated Bar Chart showing the details in number of days from day-1, to be taken for each stage of work such as resource mobilization, materials schedule, manpower deployment, works schedule etc. which shall be approved by the Bank before commencement of work.

    15. The Contractor should be prepared to work in more than one shifts and if necessary, round the clock to ensure that the Time Schedule as described above is strictly adhered to.

    16. The Contractor shall not be entitled to any compensation for any loss suffered by him on account of delays in commencing or executing the work, whatever the cause of delays may be including delays arising out of modifications to the work entrusted to him or in any sub-contract connected therewith or delays in awarding contracts for other trades of the project, or in commencement or completion of such works or in procuring Government controlled or other building materials or in obtaining water and power connections for construction purpose or for any other reasons whatsoever and the Employer shall not be liable for any claim in respect thereof. The Employer does not accept liability for any sum besides the tender amount, subject to such variations as are provided for herein.

    17. The successful tenderer is bound to carry out any or all items of work necessary for the completion of the job even though such items are not included in the quantities and rates. The schedule of instructions in respect of such additional items and their quantities will be issued in writing by the Employer.

  • 24

    18. The successful tenderer must cooperate with the other contractors appointed by the Employer so that the work will proceed smoothly with the least possible delay and to the satisfaction of the Bank’s Engineer.

    19. The tenderer shall warrantee that the work shall be free from any defect whatsoever for a period of one year Defect liability period (DLP) from the date of completion of the entire work and further 2 (two) years given in the schedule of quantity work.

    20. (A) Terms of Payment:-

    i) 50% of the quoted rate against supply of materials at site as pro rata basis and on submission of a Bank Guarantee (as mentioned at clause no.20.B.). Balance amount will be paid on successfully installation, testing, commissioning and handing over of the system to the Bank.

    ii) 5% of bill amount will be deducted from each RA bill and kept under security deposit for a period of one year for Defect Liability and released the same after one year Defect Liability Period.

    iii) Final payment will be made as per joint measurement basis and exact quantity utilized at site.

    (B) Performance Bank Guarantee (BG):- The Bank Guarantee amounting to 15% of the contract amount valid for 3 year (from the date of completion of the entire work), in a form (Annexure-III) acceptable to the Bank as security against due fulfillment of the terms and obligations of the Contract and warranty period of the equipment.

    (C) If the L-1 bidder quotes exceptionally low amount as compared to the Bank’s estimation, then firm has to submit required amount of BG as desired by Bank before award of work.

    21. Earnest Money Deposit (EMD):-

    a) All tenderers shall deposit Earnest Money of Rs 17,062.00 /- by a demand draft drawn in favour of Reserve Bank of India, payable at Bhubaneswar, from any Scheduled Bank with the Part-I tender documents OR in the form of Bank Guarantee as per enclosed format (Annexure-II). Without a valid EMD the tender will not be accepted. The EMD paid by the tenderer shall be held by the Reserve Bank of India as security for the execution and due fulfilment of the Contract. No interest shall be paid on the said deposit. Under no circumstances, Earnest Money Deposit will be accepted in the form of fixed deposit receipts or insurance guarantee or cheque or cash. EMD will be released after virtual completion of the work. The EMD of unsuccessful tenderer shall be released to them without any interest after award of work.

  • 25

    b) All compensation or other sums of money payable by the contractor to the Bank under the terms of this Contract may be deducted from his Earnest Money and the security deposit if the amount so permits unless the contractor deposits such amounts in cash within ten days of issue of demand notice by the Bank and the Contractor shall, unless such deposit has become otherwise payable, within ten days after such deduction make good in cash the amount so deducted.

    22. The successful tenderer shall fabricate sample of each item given in the Schedule of Quantities and get the same approved from the Bank’s Engineer before going for manufacture. Any minor modification / changes suggested by the Bank’s Engineer shall be affected without any extra cost.

    23. Any defects or shortcomings found in the work executed during the period of one year Defect liability period (DLP) from the completion of the entire work and further 2 (two) years shall be attended to / rectified by the contractor without any extra cost to the Employer. In case of failure to do so within ten days from such notice from the Bank, the Employer will get such rectification works carried out through any other firm and the expenditure incurred by the Bank shall be recovered from any money due to the contractor.

    24. Insurance.

    i) The contractor shall be responsible for all injury to persons, animals or things and for all structural and decorative damage to property which may arise from the operation or neglect of himself or of any nominated sub-contractor’s employees, whether such injury or damage arise from carelessness, accident or any other case whatever in any way connected with the carrying out of the contract. This liability under this clause shall be held to include, inter-alia, any damage to buildings, whether immediately adjacent or otherwise, and any damage to roads, streets, footpaths, bridges of ways as well as all damage caused to the buildings and works forming the subject matter of this contract, by frost or other inclemency of weather. The contractor shall indemnify the employer and hold him harmless in respect of all and any expenses arising from any such injury or damage to persons or property as aforesaid and also in respect of any claim made in respect of injury or damages under any Acts of Government or otherwise and also in respect of any award of compensation or damages consequent upon such claims.

    ii) The Contractor shall at his own expense, effect and maintain till issue of the virtual completion certificate under this contract, with an insurance company approved by the Bank, an All Risk Policy for insurance for the full amount of the contract including earthquake risk in the joint names of the Bank and the contractor (the name of the former being placed first in the policy) against all risk as per the standard risk policy for contractors and deposit such policy or policies with the Bank before commencing the works.

    iii) The Contractor shall reinstate all damages of every sort mentioned in this clause, so as to do delivery of the whole of the contract work complete and perfect in every respect and so as to make good or otherwise satisfy all claims for damage to the property or third parties.

    iv) The Contractor shall also indemnify the Employer against all claims which may be made against the Employer by any person / member of the public or other third party in respect of anything which may arise in respect of the works or in consequence thereof and shall at his own expenses arrange to effect and maintain, until the virtual completion of the contract with an approved office, a policy of insurance in the joint names of the Employer and the Contractor against such risks and deposit, such policy or policies with the Employer from time to time during the currency of this

  • 26

    contract. The contractor shall also similarly indemnify the Employer against all claims which may be made upon the Employer whether under the Workmen’s Compensation Act or any other statutes in force during the currency of this contract or at common Law in respect of any employee of the contractor or any sub-contractor and shall at his own expense effect and maintain, until the virtual completion of the contract, with an approved office a policy of insurance in the joint names of the Employer and the Contractor against such risks and deposit such policy or policies with the Employer from time to time during the currency of the contract.

    v) The minimum limit of the coverage under the policy shall be Rs. 2.00 lakh per person for any one accident or occurrence and Rs. 5.00 lakh in respect of damage to property for any one accident or occurrence.

    vi)The Contractor shall be responsible for anything which may be excluded from the insurance policies above referred to and also for all other damages to any property arising of and incidental to the negligent or defective carrying out of this contract. He shall also indemnify the Employer in respect of any costs, charges or expenses arising out of claim or proceedings of damage arising therefrom.

    vii) In default of the Contractor insuring as provided above, the employer may so insure and may deduct the premiums paid from any moneys due or which may become due to the contractor.

    viii) The Employer shall be at liberty and is hereby empowered to deduct the amount of any damage compensation, costs, charges and expenses arising or occurring from or in respect of any such claims or damage from any or all sums due or to become due to the Contractor.

    25. ARBITRATION

    i) All disputes and differences of any kind whatever arising out of or in connection with the contract or the carrying out of the works (whether during the progress of the works or within 12 months from the date of virtual completion of the work and whether before or within 12 months of determination, abandonment or breach of the contract) shall be referred to giving inter alia full details of the matter under dispute like quantities, rates, amount claimed and the reason thereto, and settled by the Bank who shall state his decision in writing. Such decision may be in the form of a final certificate or otherwise. The decision of the Bank with respect to any of the excepted matters shall be final and without appeal. But if the Contractor be dissatisfied with the decision of the Bank on a matter, question or dispute of any kind except any of the excepted matter or as to the Bank on a matter, question or dispute of any kind except any of the excepted matter or as to the withholding of any certificate to which the contractor may claim to be entitled, then and in any such case the contractor may within 28 days after receiving notice of such decision give a written notice to the Bank that matters in dispute be arbitrated upon. Such written notice shall specify the matters with full details and amounts which are in dispute or difference of which such written notice has been given and no other shall be and is hereby referred to the Arbitration and final decision of an arbitrator to be agreed upon and appointed by both the parties. The sole Arbitrator shall be from the panel of Arbitrators suggested by the Bank.

    ii) The Arbitrator shall have power to open up, review and revise any certificate, opinion, decision requisition or notice, save in regard to the excepted matters, referred to in the proceeding clause and to determine all matters in dispute which shall be submitted to arbitration and of which notice shall have been given as aforesaid.

  • 27

    iii) The Arbitrator shall make his award within one year (or such further extended time as may be decided by him or them as the case may be with the consent of the parties from the date of entering on the reference. In case during the arbitration proceedings the parties mutually settle, compromise or compound their dispute or difference, the reference to arbitration and the appointment of the Arbitrator shall deemed to have been revoked and the arbitration proceedings shall stand withdrawn or terminated, with effect from the date of which the parties file a joint memorandum of settlement thereof, with the Arbitrator or the Arbitrators as the case may be.

    iv) This submission shall be deemed to be a submission to arbitration within the meaning of the Indian Arbitration Act, 1940 or any statutory modification thereof.

    v) It is agreed that the contractor shall not delay the carrying out of the works by reason of any such matter, question or dispute being referred to arbitration, but shall proceed with the works with all due diligence and shall, until the decision of the Arbitrator or Arbitrators as the case may be, is given, abide by the decision of the Bank and no Award of the Arbitrator shall relieve the Contractor of his obligations to adhere strictly to the Bank’s instructions with regard to the actual carrying out of the works. The Bank and the Contractor hereby also agree that arbitration under this clause shall be a condition precedent to any right of action under the contract.

    I/we hereby declare that I/we have read and understood the above instructions and the same will remain binding upon me/us in case the work is entrusted to me/us.

    26. NON-DISCLOSURE CLAUSE

    The contractor shall not disclose directly or indirectly any information, materials and of the Bank’s infrastructure / system / equipment’s etc. which may come to the possession or knowledge of the contractor during the course of discharging its contractual obligations in connection with the agreement, to any third party and shall at all times hold the same in strictest confidence. The contractor shall treat the details of the contract as private and confidential, except to the extent necessary to carry out the obligations under it or to comply with applicable laws. The contractor shall not publish, permit to be publish, or disclose ant particulars of the works in any trade or technical paper or elsewhere without the previous written consent of the Employer. The contractor shall indemnify the Employer for any loss suffered by the Employer as a result of disclosure of any confidential information. Failure to observe the above shall be treated as breach of contract on the part of the contractor and the Employer shall be entitled to claim damages and pursue legal remedies.

    The contractor shall take all appropriate actions with respect to its employees to ensure that the obligations of non-disclosure of confidential information under this agreement are fully satisfied.

    The contractor’s obligations with respect to non-disclosure and confidentiality will survive the expiry or termination of this agreement for whatever reason.

    27. Contractor / vendor shall quote the rate reasonable as per present market rate .The lowest / abnormality quoted rate shall furnish the reason / justification on demand and if not found satisfactorily the contractor / vendor shall submit the valid BG on demand by Bank before commencement of work till completion of the work.

    Place:

    Date: Signature of the tenderer with Seal.

  • 28

    SECTION - D

    SPECIAL CONDITIONS

    1 The workmen will not be allowed to stay within the premises.

    2 The water required for the work or workmen can be availed from the available source at site free of cost.

    3 Reasonable electric power required for the work can also be similarly drawn from the supply available at site free of cost after obtaining approval from the Bank’s Engineer.

    4 Permission if any, required from the local bodies shall be obtained by the Contractor.

    5 The intending tenderer can obtain any clarifications regarding the tender drawings, specifications, etc. if any, from the office of the Regional Director, Reserve Bank of India, Estate Department Bhubaneswar on any working day of the Bank.

    6 The tenderer may note that the entire work involved shall be carried out with the least disturbance to the normal working of the Bank. The work should be done in more than one shift and if necessary, round the clock to ensure that the time schedule as described above is strictly adhered to.

    7 The materials for the work can be allowed to be brought to the working area through the lift, after due approval from the Bank’s Engineer. In case the lift is not made available for the purpose, then the Contractor shall bring the material through the staircase without any extra cost.

    8 The debris/dust or any wastage generated out of the above work shall be cleaned as frequently as required and as instructed by the Bank’s Engineer. The removal of debris/dust or any wastage material will not be allowed to be carried through the lift and the same shall be brought down through the stair case without any extra cost.

    9 The Contractor shall use and consider while quoting, only the approved materials as given in the List of approved brands and manufactures.

    Place:

    Date: Signature of the Tenderer with seal.

  • 29

    SECTION - E

    (SAFETY CODE)

    1 There shall be maintained in a readily accessible place first aid appliances including adequate supply of sterilized dressings and cotton wool.

    2 An injured person shall be taken to a public hospital without loss of time, in cases where the injury necessitates hospitalization.

    3 Suitable and strong scaffolds should be provided for workman for all works that cannot safely be done from ground.

    4 No portable single ladder shall be over 8 meters in length. The width between the side rails shall not be less than 30 cm (Clear) and the distance between two adjacent rungs shall not be more than 30 cm. When a ladder is used, an extra mazdoor shall be engaged for holding the ladder.

    5 The excavated material shall not be placed within 1.5 meters of the edge of the trench or half of the depth of trench whichever is more. All trenches and excavations shall be provided with necessary fencing and lighting.

    6 Every opening in the floor of a building or in a working platform be provided with suitable means to prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height shall be one meter.

    7 No floor, roof or other part of the structure shall be so overloaded with debris or materials as to render it unsafe.

    8 Workers employed on mixing and handling material such as asphalt, cement mortar or concrete and lime mortar shall be provided with protective footwear and rubber hand gloves.

    9 Those engaged in welding works shall be provided with welder’s protective eye-shields and gloves.

    10 (i) No paint containing lead or lead product shall be used except in the form of paste or readymade paint.

    (ii) Suitable facemasks should be supplied for use by the workers when the paint is applied in the form of spray or surface having lead paint dry rubbed and scrapped.

    11 Overalls shall be supplied by the Contractor to the painters and adequate facilities shall be provided to enable the working painters to wash during the periods of cessation of work.

    12 Hoisting machine and tackle used in the works, including their attachments, and supports shall be in perfect condition.

  • 30

    13 The ropes used in hoisting or lowering material or as a means of suspension shall be of durable quality and adequate strength and free from defects.

    Place:

    Date: Signature of the Tenderer with seal.

  • 31

    SECTION-F

    TECHNICAL SPECIFICATIONS

    General Requirements:-

    The Reserve Bank of India, Bhubaneswar Office wants to supply, install, testing and commissioning of EPABX System with Telephone wiring to each flat with Analog Instrument for its Staff Qtrs at Baramunda, Bhubaneswar. Supply, delivery of advanced EPABX (Intercom facility) for minimum 200 lines extension capacity for single line analog telephone with standard inbuilt features complete as required. The unarmored telephone cable to be run through 20 mm PVC conduits along with accessories in surface /recess including cutting the wall to fix GI box and suitable with telephone socket outlets to feed the push button handsets.

    Laying of different type of PVC insulated jelly filled armoured cables of 0.5 mm dia tinned copper armoured cables fixing of telephone sockets incorporated with different telephone KRONE boxes with end termination as required standard hardwares.1-KVA UPS to be provided for smooth operation of EPABX system.

    The cabling route to be followed strictly as per Bank’s enclosed drawing or as directed by Bank’s Engineer time to time. After successfully completion of the captioned work in all respect the debris/ wastages to be cleared from the site by the firm in their own cost.

    The Tenderer shall visit the premises and ascertain site conditions, existing structures, interconnection cables and other obstructions if any (sufficiency of estimated quantity in SITC of the work) and suitably allow for these exigencies in his offer. No extra claims will be admissible later on these grounds.

    Materials:-

    All materials & equipment’s used in Telecom installations shall confirm to Indian Standard Specifications wherever these exist. A list of approved materials is attached. Materials not included in the list as well as any particular make not included in the list should be approved by the Consultant or Engineer-in-charge before use. All required materials covered under this specification shall be supplied and installed by the contractor complete in all respect except in cases where it is clearly mentioned otherwise. The materials and accessories required for completing the work will form part of the work although they have not been specified separately. The work shall include all reasonable precautions and provisions for safety of operation and maintenance personnel.

    Standard:-

    (a) Unless otherwise specified, all materials covered under this specification shall be designed, manufactured, tested and installed in conformity with the latest Indian Standard Specifications. In case such Indian Standard Specifications are not published equivalent British Standard Specifications shall be followed.

  • 32

    (b) All equipment’s and materials selected shall also be supplied and installed taking into consideration the Factories Act, Fire Regulations and Local laws or by-laws. All materials used in the assembly of fittings and their accessories shall be of high quality and manufactured in accordance with the best modern practice.

    (c) All the materials supplied by the contractor according to the contract conditions will be subject to inspection and approval by the Consultant or/and Engineer-in-charge or their authorized representative from time to time. The contractor shall extend all required facilities for such inspection free of cost. At the time of inspection, the inspecting officer shall have full liberty to reject any such material, which does not confirm to specifications or the requirements. The owner shall not entertain any claim for the rejected materials. The contractor shall remove all rejected materials from the site at his own cost.

    (d) The owner shall not accept any surplus material procured by the contractor.

    Workmanship:

    Good workmanship and neat appearance are the pre-requisites for compliance with the various sections of these specifications. The work shall carried out under direct supervision of a person holding certificate of competency issued by the State Govt. and in accordance with the statutory rules and regulations in force. The relevant ISI code of practice shall be followed wherever applicable.

    Additional Specifications:

    a) Any damage to walls, floors, etc. during installation and erection must be repaired by the Contractor to match the original surface for which no extra amount will be paid.

    b) Approved materials and fittings shall only be used. The Contractor shall replace the unapproved materials and fittings at his own cost.

    c) Intending tenderers are advised to study all the schedule of works, specifications, conditions etc. in detail and inspect the site before submitting tenders so as to ascertain the nature and scope of the work involved and the methods to be adopted for executing the work.

    d) The Contractor will also be required to submit the ‘Form of Completion Certificate’ in the required proforma.

    Place:

    Signature of the tenderer with seal

    Date:

  • 33

    Commercial Conditions- Acceptance check list

    Sr.

    No. Description Bank’s Terms

    1. Validity 90 days from the opening of Part-I

    2. EMD Rs. 17,062.00.00

    3. Terms of payment

    (i) 50% of the quoted rate against supply of materials at site as pro rata basis and on submission of a Bank Guarantee (as mentioned at clause no.20.B.). Balance amount will be paid on successfully installation, testing, commissioning and handing over of the system to the Bank.

    (ii) 5% of bill amount will be deducted from each RA bill and kept under security deposit for a period of one year for Defect Liability and released the same after one year Defect Liability Period.

    4. Prices

    Inclusive of all taxes, duties, insurance, levies during the contract period.

    5. Defect Liability Period (DLP)

    12 months from date of completion of the work and handing over the work.

    6. Warranty period.

    24 months after DLP or 36 months from date of completion of the work and handing over the work.

    6. Service after sales

    Free of cost during the DLP and warranty period.

    7. Completion period

    30 days from 10th day of letter of award of work.

    8. Liquidated damages

    Rs.0.25% of accepted tender amount- per week of delay subject to maximum of 10% of the contract value.

    Part- II should not contain any terms and conditions but only price for bill of quantity. Terms and conditions, if any, incorporated in Part II, will not be valid or considered.

    Place:

    Date: Signature of Tenderer with seal.

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    Annexure-I

    List of approved Make/Brand of the materials.

    Sl. No.

    Item Make/Brand

    1 EPABX System Accord / MATRIX / Panasonic/ Syntel /BPL

    2 FRLS ,PVC Conduits

    Precision /AKG / Sudhakar /Sanco / Kinjal

    3 Telephone line Polycab /Finolex /Deltron

    4 Telephone socket

    Anchor/ ABB/Legrand /Schneider

    5 PVC Insulated, FRLS, polythene insulated jelly filled armored cable

    Polycab / Finolex / Deltron

    6 MDF Box with KRONE terminal IP 65/66 protection

    KRONE/ GE

    7 Networking RACK as compatible with EPABX main unit

    D - Link

    8 1-KVA single phase UPS

    (with maintenance free Battery back)

    Aplab / APC / Microteck / V guard

    9 G.I (Pipe medium class)

    TATA / Zindal

    10 DWC HDPE pipe ISI

    marked

    ORIPLAST / MATWEB

    11 Push button hand sets TATA / Betel / SIEMENS / Panasonic / BPL

    Place:

    Date: Seal & Signature of the Tenderer.

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    Annexure-II

    Proforma For Bank Guarantee In Lieu Of Earnest Money Deposit

    (To be submitted on non-judicial stamp paper of appropriate value purchased in the name of the issuing Bank)

    This deed of guarantee made this _____ day of ____ two thousand _____ between _____ (Name of Banker) having its registered office at _____ (place) and one of its local offices at____ (hereinafter referred to as the Surety), and Reserve Bank of India, a Corporation constituted by the Reserve Bank of India Act, 1934, having its Central Office at Central Office Building, Shahid Bhagat Singh Road, Mumbai-400 001 INDIA (hereinafter referred to as the Bank).

    WHEREAS _______ (Tenderer’s name hereinafter referred to as ‘Tenderer’) a Company

    registered under _____ and having its registered office at ______ is bound to deposit with the

    Bank by way of earnest money INR ___________ (INR ___________ _______________only) in

    connection with its Tender for Supply Installation Testing and Commissioning of EPABX System

    with Telephone wiring to each flat with Analog Instrument for Staff Qtrs at Baramunda, Reserve

    Bank of India, Bhubaneswar and the specifications and terms and conditions enclosed therein.

    WHEREAS the tenderer as per clause No._____ Section II of Instructions to tenderers and special conditions has agreed to furnish a Bank Guarantee valid up to ___________ instead of deposit of earnest money in cash.

    NOW THIS WITNESSETH:

    1. That the Surety in consideration of the above Tender made by the Tenderer to the Bank hereby undertakes to guarantee payment on demand without demur to the Bank the said amount of INR ___________ (INR ___________ _______________ only) within one week from the date of receipt of the demand from the Bank on presentation of this deed of guarantee, which the Tenderer is bound to deposit with the Bank by way of earnest money in connection with his Tender.

    2. This guarantee shall not be affected by any infirmity or irregularity on the part of the Tenderer or by the dissolution or any change in the constitution of the Bank, Tenderer or the Surety.

    3. The Bank shall be eligible to make any claim under this guarantee if the Tenderer after submitting his Tender, rescinds from his offer or modifies the terms and conditions thereof in a manner not acceptable to the Bank or expresses his unwillingness to accept the order after the

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    Bank has decided to place order with the Tenderer for the above cited work for Bank’s Staff Qtrs at Baramunda, Bhubaneswar. The Banks’ decision in this regard shall be final and binding.

    4. The Surety shall not and cannot revoke this guarantee during its currency except with previous consent of the Bank in writing.

    5. Notwithstanding anything contained in the foregoing, the Surety’s liability under the guarantee is restricted to INR ___________ (INR ___________ _______________ only).

    6. This guarantee shall remain in force and effective up to _____________ and shall expire and become ineffective on intimation thereof being given to the Surety by the Bank in which event this guarantee shall stand discharged.

    7. The Surety will make the payment pursuant to the demand notice issued by the Bank, notwithstanding any dispute that may exist or arise between the Tenderer and the Bank or any other person.

    8. Any forbearance, act or omission on the part of the Bank in enforcing any of the conditions of the said tender or showing of any indulgence by the Bank to the tenderer shall not discharge the Surety in any way and the obligations of the Surety under this guarantee shall be discharged only on the intimation thereof being given to the Surety by the Bank.

    9. Notwithstanding anything contained hereinabove, unless a demand or claim under this guarantee is made on the Surety in writing on or before _____________, the Surety shall be discharged from all liabilities under guarantee thereafter.

    10. The Surety has the power to issue this guarantee under its Memorandum and Articles of Association and the person who is hereby executing this deed has the necessary powers to do so under the Power of Attorney granted to him by the Surety.

    SIGNED AND DELIVERED For and on behalf of

    For and on behalf of above named Bank. (Banker’s Name and Seal)

    Branch Manager

    (Banker’s seal)

    Address

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    Annexure-III

    Proforma of Bank Guarantee For Security Deposit

    (To be submitted on Non-judicial stamp paper of appropriate value purchased in the name of the issuing bank)

    No. _____________ Date ___________

    To

    The Regional Director

    Estate Department

    Reserve Bank of India

    Bhubaneswar

    Madam/Dear Sir,

    In consideration of your agreeing to accept the security deposit of INR ____ (INR ___ only) furnishable to you by Messrs ________ (hereinafter referred to as “the Contractor”) in terms of their contract with you for Supply Installation Testing and Commissioning of EPABX System with Telephone wiring to each flat with Analog Instrument for Staff Qtrs at Baramunda, Reserve Bank of India, Bhubaneswar as per their Tender dated ____ and your Special Conditions of Contract and other tender documents relating thereto subject to the conditions and alterations mutually agreed upon the set forth or referred to in your Contract dated _____ in the form of guarantee from us in the manner hereinafter contained, we ____ (Name of the Bank) do hereby covenant and agree with you as follows :

    1. We undertake to indemnify you and keep you indemnified from time to time to the extent of INR ___ INR(_____ only) against any loss or damage caused to or suffered by or that may be caused to or suffered by you by reason of any breach or breaches on the part of the Contractor of any of the terms and conditions contained in the said Contract and in the event of the Contractor making any default or default in carrying out any of the work under the said Contract or otherwise in the observance and performance of any of the terms and conditions relating thereto in accordance with the true intent and meaning thereof, we shall forthwith on demand pay to you such sum or sums not exceeding in total the said sum of INR _____ ( INR_______ only) as may be claimed by you as your losses and/or damages, costs, charges or expenses by reason of such default on the part of the Contractor.

    2. Notwithstanding anything to the contrary, your decision as to whether the Contractor has made any such default or defaults and the amount or amounts to which you are entitled by reasons thereof will be binding on us and we shall not be entitled to ask you to establish your claim or claims under this Guarantee but will pay the same forthwith on your demand without any protest or demur.

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    3. This guarantee shall continue and hold good until it is released by you on the application by the Contractor after expiry of the relative guarantee period of the said Contract and after the contractor had discharged all his obligations under the said Contract and produced a certificate of due completion of the work under the said contract and submitted a “No Demand Certificate”, provided always that this guarantee shall in no event remain in force after the day of ________ without prejudice to your claim or claims arisen and demanded from or otherwise notified to us in writing before the expiry of six months from the said date which will be enforceable against us notwithstanding that the same is or are enforced after the said date.

    4. Should it be necessary to extend this guarantee on account of any reason whatsoever, we undertake to extend the period of this Guarantee on your request till such time as may be required by you. Your decision in this respect shall be final and binding on us.

    5. You will have the fullest liberty without effecting this guarantee from time to time to vary any of the terms and conditions of the said contract or extend the time of performance of the Contractor or to postpone for any time or from time to time any of your rights or powers against the Contractor and either to enforce or forbear to enforce any of the terms and conditions of the said Contract and we shall not be released from our liability under this guarantee by the exercise of your liberty with reference to matters aforesaid or by reason of any time being given to the Contractor or any other forbearance, act or omission on your part or any indulgence by you to the Contractor or by any variation or modification of the said contract or any other act, matter or things whatsoever, which under the law relating to sureties would but for the provisions hereof have the effect of so releasing us from our liability hereunder provided always that nothing herein contained will enlarge our liability hereunder beyond the limit of INR ________ (INR _______ only) as aforesaid.

    6. This guarantee shall not in any way be affected by your taking or varying or giving up any securities from the Contractor or any other person, firm or company on its behalf or by the winding up, dissolution, insolvency or death as the case may be, of the Contractor.

    7. In order to give full effect to the guarantee herein contained you shall be entitled to act as if we were your principal debtors in respect of all your claims against the Contractor hereby guaranteed by us as aforesaid and we hereby expressly waive all our rights of surety-ship and other rights, if any, which are in any way inconsistent with any of the provisions of this guarantee.

    8. Subject to the maximum limit of our liability as aforesaid, this guarantee will cover all your claim or claims against the contractor from time to time arising out of or in relation to the said contract and in respect of which your claim in writing is lodged on us before expiry of six months from the date of expiry of this guarantee.

    9. Any notice by way of demand or otherwise hereunder may be sent by special courier, telex, fax or registered post to our local address as aforesaid and if sent by post, it shall be deemed to have been given when the same has been posted.

    10. This guarantee and the powers and provisions herein contained are in addition to and not by way of limitation of or substitution for any other guarantee or guarantees heretofore given to you by us (whether jointly with others or alone) and now existing uncancelled and that this guarantee is not intended to and shall not revoke or limit such guarantee or guarantees.

    11. This guarantee shall not be affected by any change in the constitution of the contractor or us nor shall it be affected by any change in your constitution or by any amalgamation or

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    absorption thereof or therewith but will ensure to the benefit of and be available to and enforceable by the absorbing or amalgamated company or concern.

    12. Any forbearance, act or omission on the part of the Bank in enforcing any of the conditions of the said tender or showing of any indulgence by the Bank to the Tenderer shall not discharge the Surety in any way and the obligations of the Surety under this guarantee shall be discharged only on the intimation thereof being given to the Surety by the Bank.

    13. This guarantee is irrevocable during the period of its currency and shall not be revoked without your previous consent in writing.

    14. We further agree and undertake to pay you without demur the amount demanded by you in writing notwithstanding any difference or dispute or controversy that may exist or arise between you and contractor or any other person.

    15. Notwithstanding anything contained herein above our liability under this guarantee is restricted to INR _____ (INR _______only). Unless a written claim is lodged on us for payment under this guarantee within six months from the date of expiry, including extensions if any, of this guarantee all your rights under the guarantee shall be forfeited and we shall be deemed to have been released and discharged from all liabilities there under, irrespective of whether or not the original guarantee is returned to us.

    16. We