Tuesday, January 12, 2010

TENDER FOR CAMPUS CLEANING AND SECURITY SERVICES IN THE DMS OFFICE CAMPUS, CHENNAI-600 006.

TAMILNADU HEALTH SYSTEMS PROJECT
7th Floor, DMS Buildings, DMS Campus,
Teynampet, Chennai – 600 006
Website : www.tnhsp.net
E-mail: tnhsproject@gmail.com






TENDER FOR CAMPUS CLEANING AND SECURITY SERVICES IN
THE DMS OFFICE CAMPUS, CHENNAI-600 006.



LAST DATE OF RECEIPT OF TENDER: 28.01.2010.















ABSTRACT


S. NO. DESCRIPTION PAGE NO.

1. SECTION – I INVITATION FOR BIDS (IFB) 4
2. SECTION – II INSTRUCTION TO BIDDERS (ITB) 6
3. SECTION – III GENERAL CONDITIONS OF CONTRACT (GCC) 17
4. SECTION – IV SPECIAL CONDITIONS OF CONTRACT (SCC) 24
5. SECTION – V SCHEDULE OF REQUIREMENTS 29
6. SCOPE OF WORK 31
7. SECTION – VI QUALIFICATION CRITERIA 34
8. SECTION – VII BID FORM AND PRICE SCHEDULE 35
9. SECTION – VIII BID SECURITY FORM 38
10. SECTION – IX CONTRACT FORM 40
11. SECTION – X PERFORMANCE SECURITY FORM 42
12. SECTION – XI PERFORMANCE STATEMENT 44










TENDER FOR CAMPUS CLEANING AND SECURITY SERVICES
IN THE DMS OFFICE CAMPUS, CHENNAI-600 006.



LAST DATE FOR SALE OF BIDDING
DOCUMENT : 27.01.2010


LAST DATE AND TIME FOR
RECEIPT OF BIDS : 28.01.2010 / 3.00pm

TIME AND DATE OF OPENING
OF BIDS : 28.01.2010 / 4.00pm

PLACE OF OPENING OF BIDS : TAMIL NADU HEALTH SYSTEMS PROJECT,
VII FLOOR, DMS BUILDINGS,
CHENNAI-600 006.

ADDRESS FOR COMMUNICATION : TAMIL NADU HEALTH SYSTEMS PROJECT,
VII FLOOR, DMS BUILDINGS,
CHENNAI-600 006.

























SECTION - I : INVITATION FOR BIDS (IFB)






















SECTION - I : INVITATION FOR BIDS (IFB)

Sealed Tenders in duplicate will be received upto 3.00 PM on 28.01.2010 by the Project Director, Tamil Nadu Health Systems Project, Chennai-600 006 for Campus Cleaning and Security services in the DMS Office Campus, Chennai-600 006.

1. Interested eligible Bidders may obtain further information from the Project Director, Tamil Nadu Health Systems Project, 7th Floor, DMS Compound, Teynampet, Chennai - 6

2. A complete set of bidding document will be provided to any interested eligible bidder on submission of a written application to the Project Director, Tamil Nadu Health Systems Project, Chennai-600 006 from the office of Tamil Nadu Health Systems Project, Chennai-600 006, from 10.00 hours to 17.00 hours on all working days either in person or by post. The tender document can also be downloaded from www.tenders.tn.gov.in and TNHSP website www.tnhsp.net at free of cost

a) Last Date and time for Receipt
of bids : 28.01.2010 / 03.00 PM

b) Time and date of Opening
of bids : 28.01.2010 / 04.00 PM

c) Place of opening of bids : Tamil Nadu Health Systems Project,
VII Floor, DMS Campus,
Chennai-6.

4. All bids must be accompanied by a bid security as specified in the bid document and must be delivered to the above office at the date and time indicated above.

5. Bids will be opened in the presence of Bidders / Representative, who choose to attend on the specified date and time.



















SECTION - II : INSTRUCTION TO BIDDERS











SECTION - II : INSTRUCTIONS TO BIDDERS
TABLE OF CLAUSES

CLAUSE NO. TOPIC NUMBER PAGE NO.
A.INTRODUCTION 9
1. Eligible Bidders 9
2. Cost of Bidding 9
B. BIDDING DOCUMENTS 9
3. Contents of Bidding Documents 9
C. PREPARATION OF BIDS 10
4. Documents Comprising the Bid 10
5. Bid Form 10
6. Bid Prices 10
7. Bid Currencies 11
8. Documents Establishing Bidder’s Eligibility and 11
Qualifications

9. Bid Security 12
10. Period of Validity of Bids 13
11. Format and Signing of Bid 13
D. SUBMISSION OF BIDS 13
12. Sealing and Marking of Bids 13
13. Deadline for Submission of Bids 14
14. Late Bids 14





CLAUSE NO. TOPIC NUMBER PAGE NO.

E. BID OPENING AND EVALUATION 14
15. Opening of Bids by Purchaser 14
16. Contacting the Purchaser 15
F. AWARD OF CONTRACT 15
17. Pre-qualification 15
18. Award Criteria 15
19. Purchaser’s Right to Accept any Bid and Reject any or 15
all Bids

20. Notification of Award 16
21. Signing of Contract 16
22. Performance Security 16



















A. INTRODUCTION

1. Eligible Bidders

Bidder should be a registered legal proprietorship firm / Private Limited / Limited Company. Copies of the relevent registration documents to be attached with the tender document.

2. Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of its bid and the Project Director, Tamil Nadu Health systém Project hereinafter referred to as “the Purchaser”, will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

B. THE BIDDING DOCUMENTS

3. Contents of Bidding Documents

3.1 The services required, bidding procedures and contract terms are prescribed in the Bidding documents. In addition to the Invitation for Bids, the Bidding Documents include:
a. Instruction to Bidders (ITB);
b. General Conditions of Contract (GCC);
c. Special Conditions of Contract (SCC);
d. Schedule of Requirements;
e. Qualification criteria;
f. Bid Form and Price Schedules;
g. Bid Security form
h. Contract Form;
i. Performance Security Form;
k. Performance statement
3.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bidding Documents. Failure to furnish all information required in the Bidding Documents or submission of a bid not substantially responsive to the Bidding Documents in every respect will be at the Bidder’s risk and may result in rejection of its bid.

C. PREPARATION OF BIDS


4. Documents Comprising the Bid

The bid prepared by the Bidder shall comprise the following components:
(a) A Bid Form and Price Schedule completed in accordance with ITB Clauses 5, 6 and 7;
(b) Documentary evidence established in accordance with ITB Clause 11 that the Bidder is
eligible to bid and is qualified to perform the contract if its bid is accepted and
(c) Bid Security furnished in accordance with ITB Clause 8.

5. Bid Form

5.1 The Bidder shall complete the Bid Form and the appropriate Price Schedule furnished in the bidding documents, indicating for the Services to be provided and, a brief description of the Services, quantity and prices.
5.2 The Bidder 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 the Bid document and for entering into a contract through visit to site and inspection of the premises.

6. Bid Prices

6.1 The Bidder shall indicate on the Price Schedule the unit prices and total Bid prices of the Services it proposes to provide under the Contract.
6.2 Prices indicated on the Price Schedule shall be entered separately in the following manner:
(i) The total amount of the services to be provided including

The rate to be quoted should be lump sum, per month. This should include cost of labor, cleaning equipments, materials and other consumables, PF, ESI, contributions and costs of other statutory compliances.

The quoted rates should include a breakup of staff remuneration;
areas being deployed in, number of supervisors, duty timings, cleaning and related materials to be used and periodicity of pest control activities, etc.
An organization chart indicating different levels along with the designations of persons (like, Managers, supervisors, staff) available presently and proposed to be deployed for each area at the site to be provided.

6.3 The Bidders separation of the price components will be solely for the purpose of facilitating the comparison of bids by the Purchaser and will not in any way limit the Purchaser’s right to contract on any of the terms offered.

6.4 Fixed price: Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the contract and not subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.

7. Bid Currencies

Prices shall be quoted in Indian Rupees.

8. Documents establishing bidder’s eligibility and qualifications

8.1 The bidder shall furnish, as part of its bid, documents establishing the bidder’s eligibility to bid and its qualifications to perform the Contract if its bid is accepted.

8.2 The documentary evidence of the Bidder’s qualifications to perform the Contract if its bid is accepted, shall establish to the Purchaser’s satisfactions.

8.3 That the bidder has the financial, technical capability necessary to perform the Contract and meets the criteria outlined in the qualification requirements specified in Section VI. To this end, all bids submitted shall include the following information:

(i) The legal status, place of registration and principle place of business of the company or firm or partnership, etc;
(ii) Details of experience and past performance of the bidder on services offered and on those of similar nature within the past three years and details of current contracts in hand and other commitments (suggested proforma given in Section XI)



9. Bid Security

9.1 Pursuant to ITB Clause 4, the Bidder shall furnish, as part of its bid, bid security for the amount as indicated in Section V schedule of requirements.

9.2 The bid security is required to protect the Purchaser against risk of Bidders conduct which would warrant the security’s forfeiture, pursuant to ITB Clause 9.

The bid security shall be in Indian Rupees and shall be in one of the following forms:
a. A Bank Guarantee or an irrevocable letter of credit issued by a nationalized / scheduled bank located in India, in the form provided in the bidding document or any other form acceptable to the purchaser and valid for 45 days beyond the validity of the bid; or

b. A cashier’s cheque, certified cheque or demand draft or letter of credit on any scheduled bank in favour of Project Director, Tamil Nadu Health Systems Project, Chennai-6.

9.3 Any bid not secured in accordance with ITB Clauses 9.1 and 9.2(a) above will be rejected by the Purchaser as non-responsive.

9.4 Unsuccessful bidders bid security will be discharged/returned as promptly as possible but not later than 30 days after the expiration of the period of bid validity prescribed by the Purchaser, pursuant to ITB Clause 10.1.
9.5 The successful bidder's bid security will be discharged upon the bidders signing the contract, pursuant to ITB Clause 22 and furnishing the security.

9.6 The bid security may be forfeited:

(a) If a bidder withdraws its bid during the period of bid validity specified by the Bidder on
the Bid form; (or)

(b) In case of a successful bidder, if the bidder fails:
(i)to sign the contract in accordance with ITB Clause 21; or
(ii)to furnish performance security in accordance with ITB Clause 22.

10. Period of Validity of Bids

10.1 Bids shall remain valid for 30 days after the date of bid opening prescribed by the Purchaser. A bid valid for a shorter period may be rejected by the Purchaser as non-responsive.

10.2 In exceptional circumstances, the Purchaser may solicit the bidders consent to an extension of the period of validity. The request and the responses thereto shall be made in writing (or by cable or telex). The bid security provided under ITB Clause 9 shall be suitably extended. A bidder may refuse the request without forfeiting its bid security. A bidder granting the request is not required or permitted to modify its bid.

11. Format and Signing of Bid
11.1 The bidder shall prepare two copies of the bid clearly marking each “Original Bid” and “Copy Bid” as appropriate. In the event of any discrepancy between them, the original shall govern.

11.2 The original and all copies of the bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorised to bind the Bidder to the Contract. The letter of authorisation shall be indicated by written power-of-attorney accompanying the bid. All pages of the bid, except for unamended printed literature, shall be initialed by the person or persons signing the bid.

11.3 Any interlineations, erasures or overwriting shall be valid only if they are initialed by the person or persons signing the bid.
D. SUBMISSION OF BIDS

12. Sealing and Marking of Bids
(a) The bidders shall seal the envelope containing the bid addressed to the Purchaser as follows:
Project Director,
Tamil Nadu Health Systems Project,
VII Floor, DMS Buildings, Teynampet,
Chennai-600 006.
(b) The envelope „Contining the bid shall bear the details “Bid for Campus cleanling and Security Services in DMS Office Campus“ –Not to be opened before 4.00 PM on 28.01.2010.
(C) If the envelope is not sealed and marked as required by ITB Clause 12, the Purchaser will assume no responsibility for the bid’s misplacement or premature opening.

13. Deadline for Submission of Bids

13.1 Bids must be received by the Purchaser at the address specified under ITB Clause 12 not later than the time and date specified in the Invitation of Bids (Section I). In the event of the specified date for the submission of bids being declared a holiday for the Purchaser, the bids will be received up to the appointed time on the next working day.

13.2 The Purchaser may, at its discretion, extend this deadline for submission of bids by amending the bid documents, in which case all rights and obligations of the purchasers and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

14. Late Bids

Any bid received by the Purchaser after the deadline for submission of bids prescribed by the Purchaser, pursuant to ITB Clause 7, will be rejected and/or returned unopened to the Bidder.

E. BID OPENING AND EVALUATION

15. Opening of Bids by Purchaser

15.1 The Purchaser will open all bids, in the presence of bidder / representatives who choose to attend, at 04.00 PM on 28.01.2010.

15.2 The bidders/ representatives who are present shall sign a register evidencing their attendance. In the event of the specified date of bid opening being declared a holiday for the Purchaser, the bids shall be opened at the appointed time and location on the next working day.

15.3 The bidders names, modifications, bid withdrawals and the presence or absence of the requisite bid security and such other details as the Purchaser, at its discretion, may consider appropriate will be announced at the opening. No bid shall be rejected at bid opening, except for late bids, which shall be returned unopened to the bidder pursuant to ITB Clause 14.

16. Contacting the purchaser

16.1 No bidder shall contact the Purchaser on any matter relating to its bid, from the time of bid opening to the time the contract is awarded.

16.2 Any effort by a bidder to influence the Purchaser in the Purchaser’s bid evaluation, bid comparison or contract award decisions may result in rejection of the bidders bid.

F. AWARD OF CONTRACT

17. Pre Qualification

17.1 The Purchaser will determine to its satisfaction whether the bidder that is selected as having submitted the lowest evaluated responsive bid meets the criteria specified in ITB Clause and is qualified to perform the contract satisfactorily.

17.2 The determination will take into account the bidders financial and technical capabilities. It will be based upon an examination of the documentary evidence of the bidders qualifications submitted by the bidder, as well as such other information as the Purchaser deems necessary and appropriate.

18. Award Criteria

18.1 Subject to ITB Clause 20, the Purchaser will award the contract to the successful bidder whose bid has been determined to be substantially responsive and has been determined as the lowest evaluated bid, provided further that the bidder is determined to be qualified to perform the contract satisfactorily.
18.2 The Purchaser reserves the right at the time of award of contract to increase or decrease the quantity of Services and services originally specified in the schedule of requirements without any change in unit price, total price or other terms and conditions.

19. Purchaser’s right to accept any bid and to reject any or all bids
The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the purchaser's action.

20. Notification of Award

20.1 Prior to the expiration of the period of bid validity, the Purchaser will notify the successful bidder in writing by registered letter or by cable or telex, to be confirmed, that its bid had been accepted.
20.2 The notification of award will constitute the formation of the contract.
Upon the successful bidders furnishing of performance security pursuant to ITB Clause 22, the Purchaser will promptly notify each unsuccessful bidder and will discharge its bid security, pursuant to ITB Clause 9.

21. Signing of Contract

21.1 At the same time as the Purchaser notifies the successful bidder that its bid has been accepted, the Purchaser will send the bidder the contract form provided in the bidding documents, incorporating all agreements between the parties.

21.2 Within 14 days of receipt of notification of award, the successful bidder shall sign and date the contract and return it to the Purchaser.

22. Performance Security
22.1 Within 14 days of the receipt of notification of award from the Purchaser, the successful bidder shall furnish the performance security in accordance with the conditions of contract, in the performance security form provided in the bidding documents or in another form acceptable to the Purchaser.

22. Failure of the successful bidder to comply with the requirement of ITB Clause 21 or ITB Clause 22 shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event the Purchaser may make the award to the next lowest evaluated bidder or call for new bids.






SECTION – III : GENERAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES


Clause No. Topic Page No.

1. Definitions 18
2. Application 18
3. Use of Contract Documents and Information 18
4. Performance Security 19
5. Payment 19
6. Prices 20
7. Contract Amendments 20
8. Assignment 20
9. Liquidated Damages 20
10. Termination for Default 21
11. Force Majeure 21
12. Termination for Insolvency 22
13. Termination for Convenience 22
14. Resolution of Disputes 22
15. Governing Language 22
16. Notices 22
17. Taxes and Duties 23
18. Duration of Contract 23










SECTION - III : GENERAL CONDITIONS OF CONTRACT

1. Definitions

1.1 In this contract the following terms shall be interpreted as indicated:
(a) “The Contract” means the agreement entered into between the Purchaser and the
Agency as recorded in the Contract Form signed by the parties, including all the
attachments and appendices thereto and all documents incorporated by reference
therein;
(b) “The Contract Price” means the price payable to the Agency under the Contract for
the full and proper performance of its contractual obligations;
(c) “Services” means cleanliness and security services and other obligations of the
Agency covered under the contract;
(d) “GCC” means the General Conditions of Contract contained in this section.
(e) “SCC” means the Special Conditions of Contract.
(f) “The Purchaser” means the Organisation purchasing the Services, as named in
SCC;
(g) “The Agency” means the individual or firm supplying the Services under this
Contract;
(h) “The Project Site”, where applicable means the place or places named in SCC.
(i) “Day” means calendar day.

2. Application

2.1 These General Conditions shall apply to the extent that they are not superseded by provisions in other parts of the Contract.

3. Use of Contract Documents and Information

3.1 The Agency shall not, without the Purchaser’s prior written consent, disclose the Contract, or any provision thereof or information furnished by or on behalf of the Purchaser in connection therewith, to any person other than a person employed by the Agency in performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance.

3.2 The Agency shall not, without the Purchaser’s prior written consent, make use of any document or information enumerated in GCC Clause 3.1 except for purposes of performing the Contract.

3.3 Any document, other than the Contract itself, enumerated in GCC clause 3.1 shall remain the property of the Purchaser and shall be returned (in all copies) to the Purchaser on completion of the Agency’s performance under the Contract if so required by the Purchaser.

4. Performance Security

4.1 Within 14 days after the Agency’s receipt of notification of award of the Contract, the Agency shall furnish performance security to the Purchaser in the amount specified in the Special Conditions of Contract.

4.2 The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the Agency’s failure to complete its obligations under the Contract.

4.3 The Performance Security shall be denominated in Indian Rupees and shall be in one of the following forms:

(a) A Bank guarantee issued by a nationalized/ scheduled bank located in India and in the form provided in the bidding Documents or any other form acceptable to the Purchaser; or

(b) A cashier’s cheque, certified cheque, or demand draft.

4.4 The performance security will be discharged by the Purchaser and returned to the Agency not later than 30 days following the date of completion of the Agency’s performance obligations, including any other obligations, unless specified otherwise in SCC

5. Payment

5.1 The method and conditions of payment to be made to the Agency under the Contract shall be specified in the Special Conditions of Contract.

5.2 The Agencies request(s) for payment shall be made to the Purchaser in writing, accompanied by an invoice describing, as appropriate, the Services delivered and the services performed and upon fulfillment of other obligations stipulated in the contract.

5.3 Payment shall be made promptly by the Purchaser but in no case later than thirty (30) days after submission of the invoice/claim by the Agency.

5.4 Payment shall be made in Indian Rupees only.

6. Prices

6.1 Prices charged by the Agency for Services delivered and Services performed under the Contract shall not vary from the prices quoted by the Agency in its bid.

7. Contract Amendments

7.1 No variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties.

8. Assignment

8.1 The Agency shall not assign, to any other Agency in whole or in part, its obligations to perform under the contract, except with the Purchaser’s prior written consent.

9. Liquidated Damages

9.1 Subject to GCC Clause 10, if the Agency fails to deliver any or all of the Services or to perform the Services within the period(s) specified in the Contract, the Purchaser shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum of Rupees (to be indicated in SCC) for the delayed Services or unperformed Services (viz) non-employment of required number and category of personnel for each day and other materials upto a maximum deduction of the percentage specified in the SCC. Once the maximum is reached, the Purchaser may consider termination of the Contract pursuant to GCC Clause 10.



10. Termination by Default

10.1 The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the Agency, terminate the Contract in whole or part;

(a) if the Agency fails to deliver any or all of the Services within the time period(s)
specified in the Contract.
(or)
(b) if the Agency fails to perform any other obligation(s) under the Contract.

10.2 In the event the Purchaser terminates the Contract in whole or in part, pursuant to GCC Clause, the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Services or Services similar to those undelivered, and the Agency shall be liable to the Purchaser for any excess costs for such similar Services. However, the Agency shall continue the performance of the Contract to the extent not terminated.

11. Force Majeure

11.1 Notwithstanding the provisions of GCC Clauses 9 and 10, the Agency shall not be liable for forfeiture of its performance security, liquidated damages or termination for default, if and to the extent that, its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.

11.2 For purposes of this Clause “Force Majeure” means an event beyond the control of the Agency and not involving the Agency’s fault or negligence and not foreseeable. Such events may include, but are not limited to, acts of the Purchaser either in its sovereign or contractual capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

11.3 If a Force Majeure situation arises, the Agency shall promptly notify the Purchaser in writing of such conditions and the cause thereof. Unless otherwise directed by the Purchaser in writing, the Agency shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event.

12. Termination for Insolvency
12.1 The Purchaser may at any time terminate the Contract by giving written notice to the Agency, if the Agency becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Agency, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Purchaser.

13. Termination for Convenience

13.1 The Purchaser, may by written notice sent to the Agency, may terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Purchaser’s convenience, the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective.

14. Resolution of Disputes
14.1 The Purchaser and the Agency shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract.

14.2 If, after thirty (30) days from the commencement of such informal negotiations, the Purchaser and the Agency have been unable to resolve amicably a Contract dispute, either party may require that the dispute be referred for resolution to the formal mechanisms specified in the Special Conditions of Contract. These mechanisms may include, but or not limited to, conciliation mediated by a third Party, adjudication in an agreed national forum, and national arbitration.

15. Governing Language

15.1 The contract shall be written in English language. All correspondence and documents pertaining to the Contract which are exchanged by the parties shall be written in the same language.

16. Notices
16.1 Any notice given by one party to the other pursuant to this Contract shall be sent to other party in writing to the other Party’s address specified in Special Conditions of Contract.

16.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.
17. Taxes and Duties

Agency shall be entirely responsible for all taxes( including service taxes ) , duties, etc., incurred until delivery of the contracted Services to the Purchaser. However any statutory taxes if levied by GoI / GoTN after the contract is concluded will be paid by the purchaser during the contract period.

18. Duration of contract

The tenure of the contract will be for a period of one year. The contract is extendable for the next 1 to 3 years at the discretion of the management subject to satisfactory performance which will be evaluated by a team of officers from the management.
























SECTION - IV : SPECIAL CONDITIONS OF CONTRACT

TABLE OF CLAUSES
(The corresponding Clause number of the General Conditions is in parentheses)
Clause Topic Page
Number Number

1. Definitions (Clause 1) 25
2. Performance Security (Clause 4) 25
3. Payment (Clause 5) 26
4. Prices (Clause 6) 26
5. Liquidated Damages (Clause 9) 26
6. Resolution of Disputes (Clause 14) 27
7. Notices (Clause 18) 27
8. Enclosures to Bid 28
















SECTION - IV : SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions of contract. The Corresponding clause number of the General Conditions is indicated in parentheses.

1. Definitions(GCC Clause 1)

(a) The Purchaser is
The Project Director,
Tamil Nadu Health Systems Project,
VII Floor, DMS Buildings, Teynampet,
Chennai-600 006.
(b) The Agency is (To be filled in at the time of finalisation of contract)

(c) Project site is the place(s) mentioned in the Schedule of Requirements.

2. Performance Security (GCC Clause 4 )

2.1 Substitute Clause 4.1 of GCC by the following:
Within 14 days after the Agency’s receipt of Notification of Award, the Agency shall furnish performance Security to the Purchaser for an amount of 5% of the contract value valid up to 60 days after the date of completion of Performance obligations

2.2 Substitute Clause 4.3 (b) of GCC by the following:
A cashier’s cheque or banker’s certified cheque or crossed demand draft or pay order drawn in favour of the Purchaser.

2.3 Substitute Clause 4.4 of the GCC by the following:

The Performance Security will be discharged by the Purchaser and returned to the Agency not later than 60 days following the date of completion of the Agency’s performance obligations, under the Contract.

2.4 Add Clause 4.5 to the GCC of the following:

In the event of any contract amendment, the Agency shall, within 7 days of receipt of such amendment, furnish the amendment to the Performance Security, rendering the same valid for the duration of the Contract, as amended for further period of 60 days thereafter.

3. Payment (GCC Clause 5)

Payment for Services shall be made in Indian Rupees as follows:
(i) No advance payment is payable.
(ii) monthly settlement of payments against the invoices raised at the end of the suceeding month against certification from the Appropriate authority / Committee during performance of the Contract.

4.Prices (GCC Clause 6)
Substitute to clause 6.1 of the GCC with the following:

4.1 Prices payable to the agency as stated in the contract shall not be subjected to adjustment during performance of the contract.

5.Liquidated Damages (GCC Clause 9)

5.1 For delays:

Substitute GCC Clause 9.1 by the following
Subject to Clause 11, if the Agency fails to deliver any or all of the Services or delayed performance of services within the time period(s) specified in the Contract, the Purchaser shall without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum of Rs. 100/- per day plus the salary of the personnel absent for the day ( for non-employment of required number and category of personnel ) and other materials to be used for each day as agreed in the contract. If the non-performance is repeated frequently, the Purchaser may consider termination of the Contract based on the recommendation of the committee.

6. Resolution of Disputes (GCC Clause 14 )
Add as GCC Clauses 14.3 and 14.4 the following:

14.3 The dispute resolution mechanism to be applied pursuant to GCC Clause 15 shall be as follows:
(a) In the case of a dispute or difference arising between the Purchaser and a Agency relating to any matter arising out of or connected with this agreement, such dispute or difference shall be settled in accordance with the Arbitration and Conciliation Act 1996 the Arbitral Tribunal shall consist of 3 Arbitrator, one each to be nominated by the Purchaser and the Agency. The third Arbitrator shall be chosen by the two Arbitrators so appointed by the parties and shall act as Presiding Arbitrator. In case of failure of the two Arbitrators appointed by the parties to reach upon a consensus within a period of 30 days from the appointment of the Arbitrator appointed subsequently, the Presiding Arbitrator shall be appointed by the President, Institution of Engineers (India).
14.4 The venue of arbitration shall be the place from where the Contract is issued (ie.) Chennai.

7. Notices (clause 18)

For the purpose of all notices, the following shall be the address of the Purchaser
and Agency.

Purchaser: The Project Director,
Tamil Nadu Health Systems Project,
VII Floor, DMS Buildings,Teynampet
Chennai-600 006.

Agency:
(To be filled in at the time of finalisation of contract)








8. Enclosures to Bid:

Bid shall include the duly filled up Tender documents along with
a) Bid Security.
b) Documentary evidence of constitution of firm such as Memorandum of
Articles, Partnership Deed, etc., with details of Name, Address, Tel. No.,
Fax No., E-mail Address of firm and the Managing Director / Partner /Proprietor.
c) Authorisation of senior responsible officer of the Company to transact
business.
d) Annual turnover statement for the last three years (2006-07,2007-08 and 2008-09)
certified by the Auditor.
e) Copies of Balance Sheet and Profit & Loss Account for three years (2006-07,2007- 08 and 2008-09) certified by the Auditors.
f) Qualification Criteria – Section VI
g) Performance Statement - Section XI
h) Duly filled in Price Schedule - Section VII
i) Bid Form

Please note that the Bidder run the risk of his bid being rejected if the Price Schedule contains any conditions.





























SECTION – V : SCHEDULE OF REQUIREMENTS









SECTION – V – SCHEDULE OF REQUIREMENTS


S. No. Brief Description of Work Period of Contract Bid Security
1. Campus cleanling and Security Services in the DMS Office Campus including maintenance of Garden/Lawns One year Rs. 25,000/-





































SCOPE OF WORK



















SCOPE OF WORK

The Bidder should:

Provide Cleanliness and security services including maintenance of Garden/Lawn in the entire DMS Office Campus area covering all areas excluding inner areas of the buildings. The services include the following. Bidders are requested to inspect the site and quote the rates for the services.

A. Providing Garbage Bins near the several Offices in the Campus separately for degradable and non-degradable waste.

B. Sweeping and collecting the garbage within the Campus, outside the buildings, with adequate manpower.

C. Removing the garbage twice daily from the Bins before 9 A.M. and 3 PM.

D. Removing the collected waste to the Municipal Corporation collecting points.

E. Mobile Toilets shall be provided and maintained for the visitors.

Security System:

1. Security men include one Supervisor.

2. Duty hours : 7 AM. to 3 PM. - 5 persons
3 PM. to 10 PM. - 3 persons
10 PM. to 7 AM. - 2 persons.

3. Duties : Regulating the entry of visitors and private vehicles.

Preventing defecation and putting up unauthorised posters and banners.

Round the clock security and preventing entry of unauthorised persons.

(c ) Maintaining Lawns / Garden:

 Garden / Lawn in the earmarked location shall be maintained by providing plants including watering and maintaining all through the year.




A. General:
1. The bidder should meet all the legal requirements (Registrations should have been renewed every year without default)

2. In the event of any illness / injuries resulting from any accident to their staff, take all responsibility for the same and provide necessary compensation towards medical care and meeting all medical expenses incurred for the same.

3. Ensure proper insurance cover of its staff employed within the hospital against medical and third party liability.

4. Be responsible for making alternative arrangement in the case of absenteeism of its personnel for the duty, to ensure scheduled work is completed satisfactorily.

5. In case of any labor disputes regarding their employees, resolve the same at the earliest to ensure scheduled work is completed satisfactorily and on time.

6. Provide all necessary Uniforms, Identification Cards (ID), Personal Protective Equipment etc., to its entire staff deployed and ensure proper maintenance of it.

7. Ensure that all their Staff assigned be adequately immunized against all types of communicable diseases and periodically monitored through health check ups.

8. Make it understood to their staff that there is no employer – employee relationship between them and the Purchaser and they do not form / engage themselves in any unionized activity.

9. Ensure by checking the antecedents of all the staff, that none have prior police records.

10. Ensure that their staff do not have any political affiliations and not a part of any unions

11. Remove any staff member from their employment on the request of the Purchaser, who acts against the interests of the Purchaser.

12. Allow the management to supervise the works carried out by the contract staff and to give any work orders deemed necessary directly to them.

13. Have the staff report for duty strictly as per the detailed scope of work.

14. Ensure that the services of their staff are only for the hospital earmarked to them.
15. Ensure deployment of one supervisor each for the cleanliness and security services.

16. Ensure that their staffs are available for 7 days of work per week.

17. Ensure accountability and supervision of the Staff, at all times.

18. Wear properly maintained uniform, with cap and shoes all through the duty time. Be clean shave and well groomed with normal length hair.

19. Behave politely with the authorities and visitors.

20. Not to drink alcohol, smoke, gamble or eat while on duty or indulge in idle or loose talking to any staff.

21. All the staff employed will need to be provided with Uniforms in navy blue colour pant and light blue colour shirt (for male), navy blue sari and light blue blouse (for female) with proper caps, shoes.

22. Maintain the premises free from garbages; carry out regular de-weeding, cutting of shrubs, pruning of plants, watering the garden, etc.,

23. Ensure through proper vigil for verification of vehicles coming into / moving out of the premises that there is no theft of any materials, consumables, scrap, equipment or any other related items. In case such theft is noticed, bring it immediately to the notice of the Purchaser or his representative and provide them and the police, as applicable, all information on the same, to help in successfully conducting the investigation.

24. Have a record of all vehicles entering / leaving with timings the premises maintained.

25. The security personnel should ensure that the Campus is free from unauthorised persons, stray animals, creature menace and unauthorised vehicles.

26. Regularly check all areas of the Campus, especially unused and vacant places, to ensue no unlawful activities take place within the premises.

27. Ensure that there is no open air defecation, urine, spitting, etc., and to keep pollution free
environment.







SECTION - VI : QUALIFICATION CRITERIA

(Referred to in Clause 8 of ITB)

1. The Bidder should be a registered legal entity (viz) proprietary firm / Private limited / limited company entity. Copies of the relevant Registration Documents to be attached with the Tender Document.

2. The Bidder should have carried out similar services in large organizations, either Private or Government Sector for atleast 3 years. Preference will be given for the experience in Campus maintenance.

3. The Bidder should abide by all the Legal & Statutory requirements like Minimum Wages Act, Child Labor Act, E.S.I. PF, Payment of Wages Act, Contract Labors (Regulation and Abolition) Act, Workman Compensation Act, Payment of Gratuity Act, etc. with respect to its staff assigned at the hospital, as part of this contract.

4. The annual financial turnover of the bidder should be Rs.10 lakhs and above in any one of last 3 years.































SECTION - VII : BID FORM AND PRICE SCHEDULES

















SECTION - VII : BID FORM AND PRICE SCHEDULES
Date:..............2010.
Contract No..............
To:



Gentlemen,
Having examined the Bidding Documents including Addenda Nos......................, the receipt of which is hereby duly acknowledged, we, the undersigned, offer the services and perform in conformity with the said Bidding Documents for the sum of.............................. (Total Bid amount in Words and Figures) or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this bid.

We undertake, if our bid is accepted, to deliver the Services in accordance with the delivery schedule specified in the Schedule of Requirements.

If our bid is accepted we will obtain the guarantee of a bank in a sum equivalent to 5% of the Contract Price for the due performance of the Contract, in the form prescribed by the Purchaser.

We agree to abide by this bid for a period of ................(Number) days from the date fixed for bid opening under Clause 19 of the Instruction to Bidders and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us.
We understand that you are not bound to accept the lowest or any bid you may receive.

Dated this................. day of ...................... 200..

Signature : .........................................
(in the Capacity of) : .........................................
Duly authorised to sign bid for and on behalf of
..........................................................................
PRICE SCHEDULE


(1) (2) (3) (4) (5)
S.No. Description of work Quoted Amount
per month (Rs.) Service tax Total Amount
per month (Rs.)





















SECTION - VIII : BID SECURITY FORM

















SECTION - VIII : BID SECURITY FORM

Whereas .......................1 (hereinafter called "the Bidder") has submitted its bid dated ..........(date of submission of bid) for the …............ ................... (name and/or description of the
Services) (hereinafter called "the Bid").

KNOW ALL PEOPLE by these presents that WE ......... (name of bank) of ......................
(name of country), having our registered office at ..................... (address of bank)
(hereinafter called "the Bank"), are bound unto ...................... (name of purchaser)
(hereinafter called "the Purchaser") in the sum of
___________________________________________ for which payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors, and assigns by these presents. Sealed with the Common Seal of the said Bank this _________ day of ____________ 20 _______.
THE CONDITIONS of this obligation are :
1. If the Bidder
a) withdraws its Bid during the period of bid validity specified by the Bidder on
the Bid Form; or
b) does not accept the correction of errors in accordance with the ITB; or
2. If the Bidder, having been notified of the acceptance of its bid by the Purchaser
during the period of bid validity :

a) fails or refuses to execute the Contract Form if required; or
b) fails or refuses to furnish the performance security, in accordance with the
Instruction to Bidders;
We undertake to pay the Purchaser up to the above amount upon receipt of its first written
demand, without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser will note that the amount claimed by it is due to it, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.

This guarantee will remain in force up to and including forty five (45) days after the period
of the bid validity, and any demand in respect thereof should reach the Bank not later than
the above date. ................................................
(Signature of the Bank)
Name of Bidder.
















SECTION - IX : CONTRACT FORM



















SECTION - IX: CONTRACT FORM

THIS AGREEMENT made the .............. day of ................, 20........ between ...................
(Name and Address of Purchaser) represented by the Director of Medical and Rural Health Services ...................... (hereinafter “the Purchaser”) of one part and ................(Name and Address of Agency) .................................... (hereinafter “the Agency”) represented by ………………………
(Name of the Authorized Signatory and Designation), Aged …..... years, residing at ……
………………………… (Full Residential Address of the Signatory) of the other part:

WHEREAS the Purchaser is desirous that Sanitation and Security Services should be
provided by the Agency, and has accepted a bid by the Agency for those Services for a sum of ...................... (Contract Price in Words and Figures) (hereinafter “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to.

2. The following documents shall be deemed to form and be read and constructed as
part of this Agreement, viz.:
(a) Bid Form and Price Schedule submitted by the Bidder;
(b) Scope of Work
(c) General Conditions of Contract;
(d) Special Conditions of Contract; and
(e) Purchaser’s Notification of Award

3. In consideration of the payments to be made by the Purchaser to the Agency as hereinafter mentioned, the Agency hereby covenants with the Purchaser to provide the Services and to remedy defects therein in conformity in all respects with the provisions of the Contract.

4. The Purchaser hereby covenants to pay the Agency in consideration of the provision of the Services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.


















SECTION - X : PERFORMANCE SECURITY FORM


















SECTION - X : PERFORMANCE SECURITY FORM

To : ___________________________ (Name of Purchaser)

WHEREAS .......................................................... (Name of the Agency) herein called “the Agency” has undertaken, in pursuance of Contract No................ dated, ................ to supply ...................................................................... (Description of Services and Services) hereinafter called “the Contract”.

AND WHEREAS it has been stipulated by you in the said Contract that the Agency shall furnish you with a Bank Guarantee by a recognised bank for the sum specified therein as security for compliance with the Agency’s performance obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the Agency a Guarantee

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Agency, upto a total of ..............................................................................................................
(Amount of the Guarantee in Words and Figures) and we undertake to pay you, upon your first written demand declaring the Agency to be in default under the Contract and without cavil or argument, any sum or sums within the limit of ..................................... (Amount of Guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.

This guarantee is valid until the .............. day of .................. 200.

Signature and Seal of Guarantors
............................................
............................................
............................................
Date .................. 20 ............
Address ..............................
............................................
............................................


















SECTION - XI : PERFORMANCE STATEMENT

















SECTION - XI : PERFORMANCE STATEMENT

(Please see Clause 8 - Instructions to Bidders)

Proforma for Performance Statement (for a period of last three years)

Bid no.........
Name of the Firm / Agency

Order
placed by
(Full
Address of
Purchaser)
(1) Order
No.
and
Date
(2) Description
of services Value
of order Period and date of
Completion
of services and ongoing, if any Remarks indicating
reasons for delay and nonperformance of the services,
if any Supporting documents for the performances rendered by the agency / firm in previous assignments





________________________________________________________________________
Signature and Seal of the Bidder ...................................
..................................