10,000/- (non-refundable) to be paid by PayPURCHASE OF RESIDENTIAL FLATS IN DELHI, NOIDA & ADJOINING...
Transcript of 10,000/- (non-refundable) to be paid by PayPURCHASE OF RESIDENTIAL FLATS IN DELHI, NOIDA & ADJOINING...
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NOTICE INVITING TENDER
PURCHASE OF RESIDENTIAL FLATS IN DELHI, NOIDA & ADJOINING AREA OF NOIDA
� Issue of tender forms from 02.09.2019 to 03.10.2019 from Regional Office, Delhi (South) during 10:00 AM to 02:00 PM on working days. The tender documents can also be downloaded from bank’s website www.unionbankofindia.co.in/english/tendelviewall.aspx and government portal www.eprocure.gov.in.
� Pre-bid meeting: on 23.10.2019 at 11:00 AM at Regional Office, Delhi (South).
� Last date & Time of submission of tender at Regional Office Delhi (South) 03.10.2019 upto 03:00 pm
� Date & Time of opening of tender at Regional Office Delhi (South) on 03.10.2019 at 3:30 pm
� Cost of Tender Document: `10,000/- (non-refundable) to be paid by Pay Order/Demand Draft in favour of ‘Union Bank of India’ payable at Delhi. Tender forms downloaded from website shall also be accompanied by requisite cost of tender as mentioned above.
� Earnest Money Deposit: `1,00,000/- (` One Lac Only) per bid to be paid by pay order
in favour of ‘Union Bank of India’ payable at Delhi.
� This tender attracts IP (Integrity Pact) if the award value is more than or equal to ` 1.50 Crore and in that case, IP will have to be executed by the successful bidder(s).
Address:
Chief Manager (P&D), Union Bank of India, Regional Office, 602 A, Konnectus Tower, Bhavbhuti Marg, Opp. New Delhi Railway Station, Ajmeri Gate Side, Delhi - 110001
Signature & Stamp of Bidder Page 2 of 28
PURCHASE OF RESIDENTIAL FLATS IN DELHI, NOIDA & ADJOINING AREA OF NOIDA
1. Union Bank of India intends to purchase residential 2 & 3 BHK flats in Delhi and
Noida in the area as mentioned below. Desired location of flats is within 2 km of Metro Station of the corridor mentioned alongwith basic amenities viz. school, hospital, market and public conveyance facility. Distance from Airport and New Delhi Railway Station will also be taken in consideration. The applicant may submit application for the properties which are under construction for which guaranteed possession will be available within 6 months from the date of submission of tender. However, the Bank will prefer the properties which are in ready possession. The details of properties to be purchased are as under:
No. of flats required
Carpet area Configuration
of flats Corridor
10 700 to 800 sft. 2BHK Noida & Adjoining Area of NOIDA
10 700 to 800 sft. 2BHK South Delhi
10 700 to 800 sft. 2BHK Dwarka
4 1000 to 1100 sft. 3BHK Delhi, Noida & Adjoining area of NOIDA
1 1200 to 1320 sft. 3BHK Delhi, Noida & Adjoining area of NOIDA
*One Reserved car parking space for each flat is mandatory. * Preference will be given to the proposals/property where property is located closer to the Metro Station. *The number indicated is tentative and can be increased or decreased at sole discretion of the bank. Claim of nothing extra in this regard shall be entertained.
2. The offers from Development Authorities/ State Governments / PSUs / Reputed builders / Developers, having experience in the construction projects and development of properties, will be preferred. Bank will prefer flats in one project as per the area indicated above. In case required number of flats as per the area indicated above are not available in one block or complex or building in any one of the area indicated above mentioned location OR the rates quoted for the flats by the bidders appears to be on higher side OR required number of flats are not available in a particular location, Bank reserves the right to purchase more / less number of flats of any type at any other location mentioned in the table above.
3. If the owner / bidder has more than one projects / premises to offer at same or different locations/corridors, separate bids has to be submitted for each of the locations/projects.
4. The completed tender documents i.e. Technical and Price Bids in separate sealed
envelopes, duly marked as “Technical Bid” and “Price Bid” are to be placed in a
single cover superscribed “Tender for Residential Flats at -------- (mention name of location) in Delhi , Noida & other adjoining area of Noida” should be submitted on or before the date and time prescribed for submission along with eligible copies of credentials like:
a. Copy of IOD (Intimation of project approval) / Approval from local statutory authority.
b. Copy of commencement Certificate of the project. c. Copy of Occupation Certification / Completion Certificate issued by local statutory
authority d. Set of approved plans
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e. Clear title certificate or ownership document or development agreement. f. Copy of all requisite NOC (fire, pollution, etc as applicable) & Lift license
5. The bidder has to get three envelopes and mark the envelopes as I, II & III. Submission of tender will be as under:
i) Envelope marked as I: Financial bid be put in this envelope and sealed properly. This envelope would be superscribed as ‘Financial Bid’. The envelope will be opened if the offer is found suitable fulfilling the requirements of the Bank. Unsealed price bids shall be rejected.
ii) Envelope marked as II: Technical Bid, duly completed in all respects, be put in this envelope and sealed properly. The envelope would be superscribed as ‘Technical Bid’ and shall consist of EMD, Tender fees and all required documents excluding price bid. All enclosed documents must be self attested at page.
iii) Envelope marked as III: The above two sealed envelopes marked as I & II be placed in envelope III and sealed properly (i.e. envelope marked as III will contain two envelopes
marked as I & II). This envelope marked as III would be superscripted as “Offer for Residential Flats at ---------------- (mention name of location) in Delhi / Noida & other adjoining area of Noida”
6. The duly filled in, sealed and superscribed tender must be dropped in the Tender Box placed at Regional Office, Delhi (South).
7. Tender document fee of `10,000/- (` Ten Thousand only) to be along with
Technical bid in the form of Demand Draft/Pay Order drawn in favour of ‘Union Bank of India’ payable at Delhi.
8. Earnest Money Deposit (EMD) of `1,00,000/- (` One Lac only) per bid be submitted
along with the technical bid in the form of Demand Draft / Pay Order drawn in favour of ‘Union Bank of India’ payable at Delhi. Tender not accompanied by EMD shall be rejected. The EMD of the bidders, who are not prequalified after evaluation of technical bid, will be refunded generally within 60 days (without interest) from the date of opening of Technical bids.
9. EMD will be forfeited if the bidder withdraws their offer / bid before opening of
price bid for any reason whatsoever.
10. The Technical Bids will be opened on 03.10.2019 at Regional Office, Delhi (South) in presence of the bidders. All the bidders are advised in their own interest to be present on the date at the specified time.
11. Offers from Brokers/Intermediaries will not be entertained as Bank does not pay brokerage/commission.
12. Bank reserves the right to reject any or all the tenders without assigning any reason whatsoever. Canvassing in any form will disqualify the bidder.
13. For further information, please contact:
Chief Manager (P&D), Union Bank of India, Regional Office, 602 A, Konnectus Tower, Bhavbhuti Marg, Opp. New Delhi Railway Station, Ajmeri Gate Side, New Delhi - 110001
Signature & Stamp of Bidder Page 4 of 28
PURCHASE OF RESIDENTIAL FLATS IN DELHI / NOIDA & ADJOINING AREA
TERMS AND CONDITIONS:
1.1 The terms and conditions shall form part of the tender to be submitted by the bidder to Union Bank of India hereinafter termed as “Bank”.
1.2 All bidders are requested to submit the tender documents (TECHNICAL BID AND PRICE BID) duly
filled, supported by relevant documents to be dropped in the Tender Box kept at Regional Office, Delhi (South). Tenders/bids received through courier/post/hand delivery will not be accepted. Bank shall not be responsible for envelopes delivered anywhere else and to person by hand or courier / post other than those dropped in the tender box within due date & time. Tender document received by the Bank after due date and time i.e. after 03:00 PM on 03.10.2019 shall be rejected out rightly.
1.3 All columns/tables in the tender document must be duly filled and no column/table should be left blank. “Nil” or “Not Applicable” should be marked where there is nothing to report. All the pages of the tender documents should be signed by the authorised signatory of the bidder. Any over-writing or use of white ink should be duly authenticated by the bidder. The Bank reserves the right to reject incomplete tenders or in cases where information submitted is found incorrect/incomplete.
1.4 In case the space in the tender document is found insufficient, the bidder may use separate sheets to provide full information.
1.5 VALIDITY OF OFFER: The offer should remain valid at least for a period of 180 days from the date of opening of technical bids. During the validity period of the offer, the bidder should not withdraw / modify the offer in terms of price and other terms and conditions quoted in the technical and price bids. In this regard, the undertaking is to be submitted along with the Technical Bid as per the prescribed format.
1.6 There should not be any deviations in the terms & conditions as have been stipulated in the tender document. However, in the event of imposition of any other condition, which may lead to deviation with respect of the terms & conditions as mentioned in the tender document, the bidder is required to attach a separate sheet marking “list of deviations”.
1.7 Canvassing in any form will automatically disqualify the bidder. 1.8 Property should be situated in good area/locality in specified locations with congenial
surroundings and proximity to public amenities like Metro Station, bus stop, bank, market, hospitals, schools, post office, etc. The property shall also be elevated and not prone to water logging. The locality shall have amenities of water supply, sewerage, Storm water drain.
1.9 Offers, which are ready for possession or guaranteed possession within 6 months from the date
of submission of tender, will be preferred. Further, preference will be given to the offer received providing all the flats in one building block preferably of same floor plate or same vertical side.
1.11 Offers of extended constructions over the existing buildings with external columns will not be considered.
1.12 The payment will be made by Pay Order/ RTGS/ NEFT against the possession of property to the extent of 97% of the purchase cost. The balance 3% payment will be retained as Retention money towards rectification of defects/repairs that may arise during one year period after taking possession. The selected bidder should attend to the defects/repairs free of cost during the period of one year from the date of possession.
1.13 The payment for projects which are under construction and likely to take time for completion,
only token amount / part payment to the extent of 20% of the purchase cost (maximum to be decided by the Bank) against Bank Guarantee (equivalent to 30% of the purchase cost) valid upto possession date committed + one month. The bidder availing advance payment of 20% of
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purchase cost should also agree to pay penalty @ 18% per annum on the token amount / part payment in case of delay beyond the committed date of possession. No advance will be considered where the property is fully ready for possession and that 97% of purchase cost will be made against possession and after execution of sale deed.
1.14 Where the Bank is purchasing full building/wing or entire property, the Sale Agreement and
Conveyance Deed shall be signed together without any additional monetary compensation if possible. The payment for such deal shall be made simultaneously along with signing of Conveyance Deed and possession of property.
1.15 The particulars of amenities provided / proposed to be provided inside the flats, building,
complex should be furnished in the Technical Bid.
1.16 Carpet area (as defined in RERA ACT) “Carpet area” means the net usable floor area of an apartment, excluding the area covered by external walls, area under service shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition wall of the apartment.
1.17 A pre-bid meeting of all the intending bidders desirous of attending the same shall be held on -
23.09.2019 at 11:00 AM at Regional Office, Delhi (South) where they can have detailed dialogue regarding the tender, procedure for filling-in the Technical Bid, Financial Bid or any other matter / clarifications concerning the tender.
1.18 The short-listed properties complying with advertisement criteria will be visited by Bank
Officials / empanelled valuers & Architect for assessing the valuation and to verify the quality of construction, materials used, etc. The bidder should provide requisite information / documentary proof to the visiting officials/Bank’s approved valuers for verification.
1.19 The particulars such as flat numbers, floor numbers, wing, carpet area, name of project/building etc. should be furnished in the Technical Bid. Details of measurements of the proposed flat offered should invariably be furnished in the Technical Bid. The bidder should clearly understand concept of carpet area as explained above in para 1.16 and the same only will be considered for payment.
1.20 The property offered should be unencumbered and have clear and marketable title. Adequate documentary evidence to this effect should be furnished along with the Technical Bid.
1.21 While furnishing the information in Technical Bid full details of the items / materials used including the brand name, size, quantity, quality, etc. should be furnished for each and every item in the respective columns. In case of flooring, windows, doors, door shutters, etc. full particulars of quality of material used, thickness, size, brand name, etc. should be furnished. These details will be subjected for verification.
1.22 Plans duly approved by municipal authorities/competent authority should be submitted along with the Technical Bid. Particulars of TDR (Transfer of Development Right) used, if any, and the eligible FSI and FSI used, etc. are to be furnished in the respective column along with the requisite certificates issued by the competent authorities. For old buildings, NOC from the Society may be enclosed. The flats which are more than five years old (to be decided from the date of issue of OC/CC) shall not be considered.
1.23 All the legal documents required by the Bank for verification of the title clearance of the property should be submitted. The title certificate issued by Bank’s Solicitor / Advocate only shall be considered.
1.24 It is the policy of the Bank to issue Public Notice in the leading newspapers inviting claims from the public, if any, before entering into sale agreement/ conveyance deed / MOU for the offered property. The bidder should not have any objection in this regard.
1.25 The bidders, at their own cost, shall obtain Income Tax and other statutory clearances as and when required.
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1.26 The following documents should be enclosed with the offer: a) Copy of title investigation and Search Report for 30 years along with copy of Title Deed
documents. b) Copies of sanctioned floor plans, layout plan showing clearly the carpet area measurement of
flats offered c) Commencement Certificate from competent authority. d) Structural Stability Certificate from licensed structural engineer of Municipal Corporation /
Local authority. e) NOC from the Society in case offered flats are in old building (age of the building should not
be more than five years old). f) Copy of IOD (Intimation of project approval) / Approval from local statutory authority. g) Copy of commencement Certificate of the project. h) Copy of Occupation Certification / Completion Certificate issued by local statutory authority i) Set of approved plans j) Clear title certificate or ownership document or development agreement. k) Sample photographs of the building / flats / amenities etc. l) Copy of all requisite NOCs and lift license
Sr. No.
Description of documents Attached with tender
Yes No
1 Project registration certificate with RERA authorities complying provisions of Real Estate (Regulation & Development) Act, 2016 (RERA) and the rules & regulations made under the Act and established Real Estate Regulatory Authority ( DELHI RERA).
2 Copy of title investigation and Search Report for 30 years along with copy of Title Deed documents.
3 Copies of sanctioned floor plans, layout plan showing clearly the carpet area measurement of flats offered.
4 Commencement Certificate from competent authority.
5 Structural Stability Certificate from licensed structural engineer of Municipal Corporation / Local authority.
6 NOC from the Society in case offered flats are in old building (age of the building should not be more than five years old).
7 Copy of IOD (Intimation of project approval) / Approval from local statutory authority.
8 Copy of commencement Certificate of the project.
9 Copy of Occupation Certification / Completion Certificate issued by local statutory authority.
10 Set of approved plans
11 Clear title certificate or ownership document or development agreement.
12 Sample photographs of the building / flats / amenities etc.
13 Irrevocable undertaking on stamp paper of Rs. 100/- and duly notarized
14 Copy of all requisite NOCs and lift license
1.27 Bank reserves the right to accept or reject any or all the tenders / offers without assigning any
reason whatsoever. 1.28 The requirements of flats mentioned in the tender document are indicative. Depending on the
availability/exigencies, the Bank may enhance requirement in a particular corridor / centre or may readjust allocation.
1.29 The offer submitted shall confirm to area norms specified. The Bank will consider offers to a
maximum of ±10% above the area indicated, however the same is subject to approval of the competent authority.
1.30 Offer submitted must be for minimum 50% of required flats in one project at any of the
specified location. 1.31 The Bank may also consider and purchase more number of flats than that published in
advertisement.
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1.32 Bidder’s constitution documents like Articles of Association / Memorandum of Association/partnership deed/ proprietorship registration documents or any other related document specified by the Bank should be submitted along with in technical bid.
1.33 Undertaking from bidder that no financial assistance has been availed for purchase of the land
and/or construction of flat/building. In case there is mortgage on the property, No Objection Certificate from concerned Bank/financial institution to be submitted.
2. “INTEGRITY PACT (IP): Vendors/bidders/sellers, only those who commit themselves to Integrity Pact (IP) with the Bank, would be considered competent to participate in the bidding process. In other words,
entering into this pact would be the preliminary qualification. In case of bids, valuing ` 1.50 Crs. or more, not accompanied with signed IP by the bidders along with the technical bid, the offers shall be summarily rejected. IP shall cover all phases of contract i.e. from the stage of Notice Inviting Tenders (NIT)/ Request for Proposals (RFP) till the conclusion of the contract i.e. final payment or the duration of warrantee/guarantee. Format of IP is attached in Annexure “A” for strict compliance. The following Independent External Monitors (IEMs) have been appointed by the Bank, who will review independently and objectively, whether and to what extent parties have complied with their obligation under the pact. 1. Mr. B. Ravichandran, IRS (C&CE) (Retd.),
e-mail: [email protected]
2. Mr. Ashwani Kumar,
e-mail: [email protected] It may kindly be noted that all clarification/query/status with respect to tender may be forwarded to the following officer and not to IEMs except query related to Integrity Pact: Mr. Abhimanyu Rath Chief Manager (P&D), Ph. No.:011- 23215011 E-mail: [email protected]
i) Copy of tender document, newspaper advertisement and complaints are forwarded to the
Independent External Monitors (IEMs) in time i.e. within 2-3 days of floating of tender.
ii) Signing of the Integrity Pact should be the first item in Pre-qualification Criteria since this
is a requirement to be fulfilled and checked before considering any offer and start
evaluating its compliance to other parameters such as technical, functional etc. IP should
be signed by the authorized signatory of the vendor/firm.
iii) Integrity Pact will be submitted by the bidder on plane bond paper with witnesses and no
deviation should be allowed in the IP format finalized by the Bank.
iv) This tender attracts IP if the award value is more than or equal to ` 1.50 Crore and in that
case, IP will have to be executed by the successful bidder(s).
v) Upon opening of technical bids, the authorized officer of the Bank will sign the IP with
witnesses. Concerned Department who has called the bids will sign the IP on behalf of the
Bank.
vi) Reporting of the progress of tenders covered under IP on monthly basis in the standard
reporting formats viz. pre-contract, post contract, monthly compliance report and summary
enclosed with Circular Letter No. 1860 dt. 20/01/2018.
Role /Functions of Independent External Monitors (IEMs):
1. IEMs would have access to all Contract documents, whenever required. Meetings of the IEMs
will be Monthly/Quarterly basis to discuss /review information on tenders awarded during the
previous quarter. Additional sittings can be held as per requirement.
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2. Both IEMs should be invariably cited in the NIT, to ensure the desired transparency and
objectivity in dealing with the complaints arising out of any tendering process, the matter
should be examined by the full panel of IEMs, who would look into the records, conduct an
investigation, and submit their joint recommendations to the Management.
3. IEMs would examine all complaints received by them & give their recommendations/views to
the MD&CEO at the earliest/ within 10 days as far as possible.
4. Issues like Warranty/Guarantee should be outside the purview of IEMs. The recommendations of
IEMs would be in the nature of advice and would not be legally binding.
5. IEMs are not consultants to the Management. Their role is independent in nature and the advice
once tendered would not be subject to review at the request of the organization.
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EVALUATION OF TECHNICAL BIDS
1. The evaluation of offers received will be done through Combined Quality cum Cost Based System (CQCCBS). The salient feature of evaluation system is mentioned as under:
1.1 All the offers received will be screened and short listed by the Bank on the requirement
specified and the details submitted by the bidder by carrying out inspection of the offered sites. The bidder should have flats in ready condition/sample flat for the inspection of Bank and its authorized Architects/Valuers/Advocates. After opening of the Technical Bid, all such short listed offers will be inspected and examined for further evaluation on the qualitative aspects in various parameters. The detailed list and marks assigned to each parameter is as under:
Sr. No
Parameter Maximum Marks
Marks by committee
1.
Location Factor i) Locality without slum area with availability of school,
hospital, market (30 marks) ii) Locality with slum area with availability of school,
hospital, market (25 marks) iii) Location without availability of school, hospital, market
(15 marks)
30
2.
Distance from nearest Metro Station i) upto 01 km (30 marks) ii) More than 01 km and upto 2 km (25 marks) iii) More than 02 km and upto 04 km (20 marks) iv) More than 04 and up to 06 km (10 marks) v) More than 06 km (00 marks)
30
3.
Distance from New Delhi Railway Station & IGI Airport i) upto 25 km (10+10 = 20 marks) ii) More than 25 km and upto 30 km (7+7 = 14 marks) iii) More than 30 and up to 35 km (5 + 5 = 10 marks) iv) More than 35 km (00 marks)
20
4.
Exclusivity and number of flats offered i) Exclusive stand alone building/Wing (20 marks) ii) Flats scattered in one wing & having other occupants in the wing (10 marks) iii) Flats scattered over two-three wings (05 marks)
20
5
Time of completion required i) Ready Possession with all approvals (30 marks) ii) Possession available within next 3 months (20 marks) iii) Possession available within next 6 months (10 marks)
30
6
Quality of construction, specification of internal fixtures/ finishing items i) Excellent (25 marks) ii) Good (15 marks) iii) Average (05 marks)
25
7
Internal layout of flats i) Most suitable (15 marks) ii) Good (10 marks) iii) Average (05 marks)
15
8
Availability of RESERVED car parking (Pro rata basis) i) Exclusive covered car parking for each flat (20 Marks) ii) Combination of Open/ stilt reserve car parking for each
flat (10 marks) iii) Other type of parking (05 marks)
i. Covered car parking for each flat (20 marks) ii. Jack/stilt car parking for each flat (10 marks) iii. Open car parking for each flat (5 marks)
20
9
Layout of the complex i) Availability of clubhouse / gym / swimming pool /
garden (10 marks) ii) Availability of gym / swimming pool / garden (8 marks) iii) Availability of Gym / garden (6 marks)
10
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iv) Availability of garden (4 marks) Layout of the complex (clubhouse, gym, swimming pool, garden & jogging track) i. Availability of all 5 amenities (10 marks) ii. Availability of any 4 amenities (8 marks) iii. Availability of any 3 amenities (6 marks) iv. Availability of any 2 amenities (4 marks) v. Availability of any 1 amenities (2 marks)
Total 200 Marks
Percentage marks obtained (Total/100)
1.2 Minimum 50% marks are necessary for opening of the price bid. However, decision of the Bank for short listing/selection of offer will be final & binding on the bidders.
1.3 Financial bids will be opened only if minimum two technically qualified bids for each location
are found suitable. 1.4 Bidders are advised to note importantly that evaluation of offers will be under Combined
Quality cum Cost Based System (CQCCBS). The methodology under this system will be as under:
i) Preliminary evaluation of the technical bids will be done to ensure that the bidders fulfill the basic selection criteria as per detailed terms and conditions specified in the tender documents.
ii) Thereafter, the technical bids will be subjected to detailed evaluation by allotting marks on various parameters/criteria prescribed in the bid document to arrive at the qualifying marks.
iii) Qualifying marks obtained by shortlisted bidders by Site Inspection Committee will be allotted a weightage of 70% for Technical Bid while the financial bids will be allotted weightage of 30%.
iv) The price bids of only those bidders who qualify technically by obtaining a minimum qualifying mark of 50% in their technical evaluation and shortlisted by Site Inspection Committee will be opened.
v) Price bid of the bidder with the lowest cost will be given a financial score of 100 and other bids will be given financial score that are inversely proportional to their quoted prices. Similarly technical bid of the bidder having obtained highest marks will be given technical score of 100 and other bids will be given technical score in proportion to the marks obtained by them.
vi) The total score, both technical and financial, shall be obtained by weighing the quality and cost scores and adding them up.
vii) On the basis of the combined weightage score for quality and cost, the bidders shall be ranked in terms of the total score obtained. The bidder obtaining the highest total combined score in evaluation of cost and quality will be ranked as H-1 (lowest bidder). The formula for working out the combined score will be as under:
Total scores= T(w) x T (s) + F(w) x F(s) T (w) stands for weightage for Technical score i.e. 0.7 T(s) stands for Technical score evaluated as mentioned in (v) above F (w) stands for weightage for Financial score i.e. 0.3 F(s) stands for Financial score evaluated as mentioned in (v) above
We produce below an example to clarify the matters. Suppose, there are three bidders (A, B & C) qualified based on the marks received / technical parameters and the marks received by them and rate quoted by them are as under:
Bidder Marks obtained
in Technical
Bid
Rate Quoted for carpet area
in Rs./sq.ft.
Weightages on technical
parameters as per CQCCBS in %
[T(s)]
Weightages on price as per CQCCBS in %
[F(s)]
Total score under CQCCBS in % [0.70 x T(s) + 0.30 x F(s)]
A 80% 15000 100 90 97 (H1)
B 70% 13500 87.5 100 91.25 (H3)
C 75% 14000 93.75 96.42 94.55 (H2)
1.5 The order will be placed in favour of H1 after assessing the reasonability of the rates.
• It is observed from the above that bidder (A) is H1 bidder and order shall be placed to him.
• In case the H1 bidder (A) is unable to provide all the flats as per Bank’s requirement, then Bank may purchase flats from H2 in its own discretion at a rate agreed by H1 multiplied by
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proportionate marks obtained by H2 in technical evaluation As per above examples = (Rate of H1) x 93.75% Or the actual rate quoted by H2 in financial bid whichever is lower
• Even after clubbing the total nos. of flats provided by H1 & H2, total demand of Bank does not fulfil. Bank at its own discretion may purchase flat from H3 at a rate of agreed rate of H1 multiplied by proportionate marks obtained by H3 in technical evaluation.
• As per above examples = (Rate of H1) x 87.5% Or the actual rate quoted by H3 in financial bid whichever is lower
1.5 The offer of the bidder who do not deposit EMD shall be summarily rejected. EMD will be
forfeited if the bidder fails to honour the commitment in any manner. The earnest money deposited shall not carry any interest and will be refunded to the unsuccessful tenderers. In case any of the bidder/ offerer fails to offer flats upon evaluation of bids, the Bank shall have the right to proceed with the remaining bidder / bidders.
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Details of Offer – Technical Bid Name of the Corridor for which offer is submitted:
PART A: GENERAL INFORMATION
1 Ref: No. ________ (This reference number is to be filled by the Bidder. The same reference number is to be quoted in price bid also)
2 Details of bidder / firm / builder /owner/developer:
2.1 Name of the Owner/Co./Firm, etc. :
2.2 Address & Phone No.: FAX No. & E-mail address:
2.3 Name of the contact person:
2.4 Constitution of bidder / firm: (Whether Proprietary / Partnership /Pvt. Ltd. / Public Ltd. / PSU etc.):
2.5 Whether Bidder is owner of the land of project offered? (YES / NO)
2.6 If Bidder is not owner of the land, Copy of registered Memorandum of Undertaking between Developers and the land owners in case the land does not belong to the builders:
3 Details of Property offered:
3.1 Name of the owner
3.2 Location & Address of the property
a. Name of the scheme
b. Sector No./Locality name
c. Street
4 Details of Boundaries and adjacent buildings
Boundary of the property a. North b. East c. South d. West
5 DETAILS OF LAND / SITE
Type of ownership of the land
a. Freehold
b. Leasehold (please specify years of lease)
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c. If leasehold give residual period of lease and name of the title holders
d. Annual lease rent & amount
6 Size of the plot
a. Frontage in ft.
b. Depth in ft.
7 Area of the plot ___________________ sq.ft.
a. Coverage area (ground coverage) ___________________ sq.ft.
b. Open area ___________________ sq.ft.
8 Topography of the land / site
a. Level
b. Undulated
c. Slopping
d. Low laying or raised
e. Any establishment easements regarding right of way / passing for mains of water / electricity.
f. Does the site or portion fall within railway/National Highway and whether underground cable or over head HT line traverse the site
g. Site Plan of the land/site to be enclosed
9 Marketability of Title of the bidder:
i. Solicitor’s / Advocate’s name and address, Phone / FAX Nos.
ii. Detailed report of the Solicitor / Advocate for marketability of titles is to be enclosed:
iii. Details of encumbrances, if any
10 Usage of property (as approved by Competent Authority) a. Residential b. Commercial c. Residential/Commercial d. Shopping Complex
11 Distance from public amenities (in Km)
a. Metro Railway Station (Mention Name of Metro station)
b. New Delhi Railway Station
c. Bus stop
d. Market
e. Police Station (Mention Name of police station)
f. Educational Institution
Signature & Stamp of Bidder Page 14 of 28
g. Bank
h. Hospital
i. Post Office
12 DETAILS OF LOCALITY
12.1 Type of locality
a. Residential b. Commercial c. Shopping Complex d. Industrial e. Slum
12.2 Whether the locality is free from special hazards like fire, flood, etc.
12.3 Whether the locality has protection from adverse influence such as Encroachments, unauthorized hutments, Industrial nuisance, smoke, dust, noise, etc.
PART B: TECHNICAL INFORMATION
13 DETAILS OF PLANS / BLUE PRINTS / SANCTIONED PLAN
13.1 Whether the plan of the property is sanctioned by Competent Authority
13.2 If sanctioned, please enclose copy of approved land / site plans
13.3 Names & Address / Phone No. of Architect
14 IF THE PLANS ARE NOT SANCTIONED
14.1 Give reasons for non approval of plans
14.2 How much time will be taken to obtain sanction?
14.3 Is there any deviation from the sanctioned plan?
14.4 Can these deviations be regularized?
15 BUILDING
15.1 Type of Building: (Residential/Commercial)
15.2 Type of Construction (Load Bearing/RCC/Steel framed)
15.3 Type of Foundation (Structure should be designed to take care of earthquake intensity applicable for the area)
15.4 Whether the proposal is for sale of residential flats in multi-storied building.
15.5 No. of Floors and height of each floor including Basement, if any
15.6 Clear floor height from floor to ceiling
15.7 No. of Flats on each floor of the wing/building
15.8 No. of Flats in the wing/building
Signature & Stamp of Bidder Page 15 of 28
15.9 Total No. of Flats offered (specify floor-wise flat numbers)
15.10 Area of premises offered per flat : Super Built-Up area Plinth area Carpet area (Bidders are advised in their interest not to leave any of the aforesaid columns blank under any circumstances. Bidders are required to enclose layout plans of the premises on offer.)
___________________ sq.ft. ___________________ sq.ft. ___________________ sq.ft.
15.11 List of common areas included for the purpose of commuting super built up area and its percentage to :
a. Carpet area
b. Plinth area
16 CARPET AREA DETAILS
16.1 Area of flat
___________________ sq.ft.
16.2 Details of rooms
Dimensions Area (Carpet) (in sq.ft.)
a. Hall Dining room
b. Bedrooms – No. 1. No. 2. No. 3.
c. Kitchen
d. Study
e. Toilet
f. Bath/Toilet (combined)
g. Servant Quarters / Store room, etc.
h. Passages
i. Any other area (please specify)
17 CONSTRUCTION SPECIFICATIONS / MATERIALS USED (separate Annexure may be used)
a. Floor
b. Internal Walls
c. External Walls
d. Doors/Windows
e. Kitchen
f. Bathroom
g. Dado in Kitchen and wall tiles in bathroom
Signature & Stamp of Bidder Page 16 of 28
h. Electrical Fittings,
i. Sanction of electricity load per flat
j. Separate meter installed per flat
18 AGE / CONDITION OF THE CONSTRUCTION / BUILDING
18.1 Newly constructed within 2 years (Completion and occupation certificate with date to be enclosed)
18.2 Old construction - Mention year of completion (OC / CC to be enclosed)
18.3 Under construction (Mention stage of construction)
18.4 Time period required to complete the construction, in case it is under construction
18.5 Whether structural stability certificate enclosed (Certificate shall be from Licensed Structural Engineer of Municipal Corporation)
19 Likely date of possession
20 AMENITIES PROVIDED (IN THE FLAT) Nos.
a. Fans
b. Geysers
c. Wardrobes
d. Exhaust Fans
e. Electrical Fittings – Tubelights etc.
f. Washbasins and mirrors
g. Shower in bathroom / bathtubs
h. Any other facility like intercom / telephone / dish antenna / internet, etc.
i. Details of internal furnishings
21 COMMON FACILITIES PROVIDED (Give details)
a. Car Parking space Reserved & Covered:_____ No. / Open: _____ No.
b. Scooter parking Reserved & Covered:_____ No. / Open: _____ No.
c. Power / Electricity Adequate and available / Not available
d. Water supply Municipal Corpn. Borewell Overhead Tank
Provided / Not provided Yes / No Yes / No Give Capacity
e. Lifts, if any Make: Number of lifts: Size/Capacity:
f. Generator for emergency
Signature & Stamp of Bidder Page 17 of 28
g. Anti lightening device
h. Security arrangements (fire- fighting/anti-burglary device etc.)
i. Proper sanitary / sewerage system
j. Any other facility
22 PROVISION FOR PROPER ARRANGEMENT OF FIRE SAFETY
22.1 Are the safety measures taken
22.2 If yes, give details of arrangements
22.3 Is No Objection Certificate obtained / Secured from the fire control authorities
22.4 If yes, produce proof/ copies of certificates
23 COMPLETION / OCCUPATION CERTIFICATE
23.1 Whether completion / occupation certificate is issued by the competent authority
23.2 Designation of the authority which has issued the completion / occupation certificate
23.3 Enclose a certified copy of the completion / occupation certificate
24 DETAILS OF LAND / SITE
24.1 Tenure of the land
a. Freehold
b. Leasehold
c. If leasehold give residual period of lease and name of the title holders
e. Annual lease rent & amount
24.2 Size of the plot
a. Frontage in ft.
b. Depth in ft.
24.3 Area of the plot ___________________ sq.ft.
a. Coverage area (ground coverage) ___________________ sq.ft.
b. Open area ___________________ sq.ft.
24.4 Topography of the land / site
a. Level
b. Undulated
c. Slopping
d. Low laying or raised
24.5 Any establishment easements regarding right of way / passing for mains of water / electricity.
24.6 Does the site or portion fall within railway / National Highway and whether underground cable traverse the site
Signature & Stamp of Bidder Page 18 of 28
24.7 Site Plan of the land / site to be enclosed
25 OTHER INFORMATION
25.1 Whether readymade flats have been constructed and sold by the builder to any Government / Semi-Government Institutions / Financial Institutions etc.? If so names and addresses of such clients and total cost of such sales to each client to be given.
25.2 No. of years in the construction line
25.2.1 Last 3 years turnover in Rs. crore
25.2.2 Details of last 5 projects completed a. Names & location of projects b. Total No. of flats c. Date of commencement d. Date of completion e. Total value
25.3 Name and address of the banker
25.4 Name of the Structural Consultant with licence number
25.5 Any other information not covered above/Other remarks, if any.
26 LIST OF ANNEXURES: (attached separate sheet if space is found insufficient)
Certificate from the Owner/s
I/We______________________(Name) M/s._________________________________ (Name/Company/ Body/Firm) hereby certify that I/we are the owners of the flats/property as described at _______________________________________________________________________________(Address) and are legally entitled to sell the subject flat/property.
___________________ Signature of the Owner
I / We declare that the information furnished above is true and correct and conforms to the Bank's specifications.
_________________ Signature of Bidder
Signature & Stamp of Bidder Page 19 of 28
DECLARATION
I/We further declare, confirm and undertake: (a) To provide structural stability certificate from a qualified Architect/Chartered Engineer
within 7 days, when called for. (b) That the flats/property has clear marketable title and the property is free from all court
cases, litigation and is free from any kind of dispute of any nature. (c) That the property, if mortgaged, required NOC would be provided to the satisfaction of the
Bank and their solicitors. The process and payment terms as suggested by the Bank and their solicitors will be followed to effectively transfer/assign the flats to the Bank.
(d) That the flats/property will be delivered mortgage free, if mortgaged, at the time of registration.
(e) That the drafts of all documentation which may be finalized by the Bank and its solicitors/lawyers shall be final and binding on me/us.
(f) That all the outgoing and other expenses will be borne by the Bank from the date of handing over of possession of the flats on conclusion of the sale transaction, whichever is later. Any expenditure/expenses prior to the said date will be borne by me/us.
(g) If required, to furnish the No Dues Certificate / NOC from the concerned Society, for which the entire payment will be made by me/us.
(h) That the transfer expenses or any other charges or contributions or outgo and all other expenses demanded by and / or payable for transfer of the offered flats to the Society, or to any other entity/authorities etc. incurred by either parties shall be borne and paid by me/us alone.
(i) I/We am/are aware that the Bank is not bound to accept the lowest or any or all the Tenders and will not be required to give any reason for rejecting any Tender.
(j) That the car parking (whether covered or stilt or open or both) would be as per the measurement at site and would be incorporated in the sale deed before execution of the sale deed or a letter authorizing the said use will be provided by us.
(k) The form which is downloaded from the website has not been changed or corrected in any manner, and on the conditions as appearing in the original will be treated as valid.
(l) That all the terms and conditions specified in this Tender Form are acceptable to me/us and that all the required details have been furnished in the appropriate blank places.
(m) That there is no mention of any financial details in Technical Bid or anywhere else other than Financial Bid, and that there are no technical and commercial conditions in Financial Bid.
(n) That the following documents as per the requirement of the Bank or its solicitors will be provided :
• Sale deed or any other title documents through which the offered flats/property was purchased by me/us earlier.
• All original chain documents pertaining to the flats/property.
• Receipt of payment of latest Society charges, Electricity Bill and any other charges.
• Non-encumbrance Certificate and any other document required for effective transfer of the flats/property to the Bank.
(o) My/our offer is open for acceptance for a period of 180 days from the date of opening of technical bids.
(p) I/We, the undersigned am/are submitting this offer (in a sealed envelope No.III duly sperscribed and as per the directions given in the instructions/tender document) for offering the subject flat by dropping the same in the Tender Box kept at respective controlling office. I am/We are aware that the offers will be opened at 04:10 PM on the said date and I am/We are invited to be present at the time of tender opening.
(q) There are 7 pages in Technical Bid and I have signed on each page, apart from Tender documents and financial bid.
Place: Date: __________________________
SIGNATURE OF BIDDER WITH SEAL
Name of the signatory:
Signature & Stamp of Bidder Page 20 of 28
(on stamp paper of Rs.100/- and duly notarized)
IRREVOCABLE UNDERTAKING
To, The Chief Manager (P&D) Union Bank of India Regional Office New Delhi- 110001
Pursuant to your advertisement on website / in _______________________ dated
_______________ for purchase of residential flats in Mumbai, I / we submit my / our offer,
offering ______________ flats situated at ___________ in the building named as
__________________________ strictly in terms of your advertisement. The offer is valid
for minimum 180 days from the date of opening of Technical Bid i.e. upto and inclusive of
__________(date). I/We, in consideration of your agreeing to process and consider our
proposal, irrevocably undertake that during the currency of my / our offer, I / we will not
withdraw or modify the offer in terms of price quoted or in terms of other terms and
conditions on which the offer is made. As the Bank has invested good amount of money
and time for processing my / our proposal, in the event of my / our committing default of
this undertaking, for any reason whatsoever, I/We hereby further undertake to pay Union
Bank liquidated damages equivalent to 1% of my / our offer price subject to maximum of
Rs.5.00 lacs.
This undertaking is executed on this _______ day of _____________ 2019.
Signature ________________ Seal Name _________________ Address __________________
NOTARY SEAL & SIGN
Signature & Stamp of Bidder Page 21 of 28
NOTICE INVITING TENDER
PURCHASE OF RESIDENTIAL FLATS IN DELHI, NOIDA & ADJOINING AREA OF NOIDA
PRICE BID
Signature & Stamp of Bidder Page 22 of 28
PRICE BID (Excluding stamp duty and registration charges)
PURCHASE OF RESIDENTIAL FLATS IN DELHI, NOIDA & ADJOINING AREA OF NOIDA
Ref. No.__________ (The reference number mentioned in the Technical Bid to be furnished)
Number of flats in building named ______________________________ at ______________ (place).
Sl. No
Location No. of flats
offered
Floor No.
Carpet Area of
each flat
Rate per sq.ft. carpet (Rs. in
figures & words)
Amount inclusive of all charges (Rs. in
figures & words)
Note:
i) Bidders shall quote rate and amount excluding registration and stamp duty charges. Bidders shall quote rate and amount including all other charges, levies, taxes & car parking charges, etc. but excluding stamp duty and registration charges.
ii) One Reserved car parking space for each flat is mandatory. iii) Price bid be placed in a sealed envelope superscribed “Price Bid” and the same shall be placed
alongwith Technical Bid cover in a larger envelope superscribed “Offer for sale of residential flats at_________(Name of location)”. The name of the bidder should be mentioned at the bottom left hand corner of the envelope.
TERMS & CONDITIONS
1. The offer is valid for 180 days from the date of opening of technical bids. During the validity period of the offer I/We, irrevocably undertake not to withdraw / modify the offer in terms of price and other terms and conditions.
2. The rates quoted per sq.ft. for carpet area should be inclusive of all charges/taxes whatsoever. Only registration and stamp duty charges will be borne by the Bank.
3. The bidder whose offer is finalised should execute the sale agreement/deed simultaneously with possession of the flats complete in all respects within the time frame informed by the Bank.
Place: Signature of the bidder with seal Date:
Signature & Stamp of Bidder Page 23 of 28
Annexure-A
TENDER - PURCHASE OF RESIDENTIAL FLATS IN DELHI, NOIDA & ADJOINING AREA OF NOIDA
Integrity Pact
Whereas Union Bank of India having its registered office at Union Bank Bhavan, 239,Vidhan Bhavan Marg, Nariman Point, Mumbai, India- 400 021 acting through its Regional office – Delhi South, represented by Dy. General Manager hereinafter referred to as the Buyer and the first party, proposes to procure residential flats in Delhi, Noida & adjoining areas of Noida, hereinafter referred to as Stores and / or Services.
And
M/s………………………….., represented by……………………… , (Designation_________) (which term, unless expressly indicated by the contract, shall be deemed to include its successors and its assignee), hereinafter referred to as the Bidder/ Seller and the second party, is willing to offer/ has offered the Stores and / or Services. 2. Whereas the Bidder / Seller is a Development Authority/ State Government / PSU/ private company/public company /partnership/ registered export agency, constituted in accordance with the relevant law in the matter and the Buyer is a Public Sector Undertaking and registered under Companies Act 1956. Buyer and Bidder/Seller shall hereinafter be individually referred to as “Party” or collectively as the “parties”, as the context may require. 3. Preamble Buyer has called for tenders under laid down organizational procedures intending to enter into contract/s for purchase of residential flats in Delhi, Noida & adjoining areas near Noida and the Bidder / Seller is one amongst several bidders/Proprietary Vendor/Customer Nominated Source/Licensor who has indicated a desire to bid/supply in such tendering process. The Buyer values and takes primary responsibility for values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness / transparency in its relations with its Bidder(s) and / or Seller(s). In order to achieve these goals, the Buyer will appoint Independent External Monitor(s) (IEM) in consultation with Central Vigilance Commission, who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. 4. Commitments of the Buyer. 4.1 The Buyer commits itself to take all measures necessary to prevent corruption and fraudulent practices and to observe the following principles:-
i) No employee of the Buyer, personally or through family members, will in connection with the tender, or the execution of a contract demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.
Signature & Stamp of Bidder Page 24 of 28
ii) The Buyer will during the tender process treat all Bidder(s) / Seller(s) with equity and reason. The Buyer will in particular, before and during the tender process, provide to all Bidder(s) / Seller(s) the same information and will not provide to any Bidder(s)/ Seller(s) confidential / additional information through which the Bidder(s) / Seller(s) could obtain an advantage in relation to the process or the contract execution.
iii) The Buyer will exclude from the process all known prejudiced persons.
4.2 If the Buyer obtains information on the conduct of any of its employees
which is a criminal offence under the Indian legislation Prevention of Corruption Act 1988 as amended from time to time or if there be a substantive suspicion in this regard, the Buyer will inform to its Chief Vigilance Officer and in addition can initiate disciplinary action.
5. Commitments of the Bidder(s) / Seller(s). 5.1 The Bidder(s)/ Seller(s) commit himself to take necessary measures to
prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution. i) The Bidder(s)/ Seller(s) will not, directly or through any other persons
or firm, offer promise or give to any of the Buyer’s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he / she is not legally entitled to, in order to obtain in exchange any advantage during the tendering or qualification process or during the execution of the contract.
ii) The Bidder(s)/ Seller(s) will not enter with other Bidders / Sellers into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process.
iii) The Bidder(s)/ Seller(s) will not commit any offence under the Indian legislation, Prevention of Corruption Act 1988 as amended from time to time. Further, the Bidder(s)/ Seller(s) will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Buyer as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.
iv) The Bidder(s)/Seller(s) shall ensure compliance of the provisions of
this Integrity Pact by its sub-supplier(s)/ sub-contractor(s), if any. Further, the Bidder/Seller shall be held responsible for any violation/breach of the provisions by its sub-supplier(s)/sub-contractor(s).
Signature & Stamp of Bidder Page 25 of 28
5.2 The Bidder(s)/Seller(s) shall ensure compliance of the provisions of this Integrity Pact by its sub-supplier(s)/ sub-contractor(s), if any. Further, the Bidder/Seller shall be held responsible for any violation/breach of the provisions by its sub-supplier(s)/sub-contractor(s).
5.3 The Bidder(s)/ Seller(s) will not instigate third persons to commit offences
outlined above or be an accessory to such offences 5.4 Agents / Agency Commission:
The Seller/Bidder confirms and declares to the buyer that the Seller/Bidder is the original manufacturer or authorized distributor / stockist of original manufacturer or Govt. Sponsored / Designated Export Agencies (applicable in case of countries where domestic laws do not permit direct export by OEMS) of the stores and / or Services referred to in this tender/ offer / contract / Purchase order and has not engaged any individual or firm, whether Indian or Foreign whatsoever, to intercede, facilitate or in any way to recommend to Buyer or any of its functionaries, whether officially or unofficially, to the award of the tender / contract / purchase order to the Seller/Bidder; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller/Bidder agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in anyway incorrect or if at a later stage it is discovered by the Buyer that the Seller/Bidder has engaged any such individual / firm, and paid or intended to pay any amount, gift, reward, fees, commission or consideration to such person, party, firm or institution, whether before or after the signing of this contract / purchase order, the Seller/Bidder will be liable to refund that amount to the Buyer. The Seller will also be debarred from participating in any RFQ / Tender for new projects / program with Buyer for a minimum period of five years. The Buyer will also have a right to consider cancellation of the Contract / Purchase order either wholly or in part, without any entitlement or compensation to the Seller/Bidder who shall in such event be liable to refund agents / agency commission payments to the buyer made by the Seller/Bidder along with interest at the rate of 2% per annum above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and Base Rate of SBI (State Bank of India) plus 2% (for Indian vendors). The Buyer will also have the right to recover any such amount from any contracts / Purchase order concluded earlier or later with Buyer.
6. Previous Transgression 6.1 The Bidder /Seller declares that no previous transgressions have occurred in
the last three years from the date of signing of this Integrity Pact with any other company in any country conforming to the anti corruption approach or with any other Public Sector Enterprise in India that could justify Bidder’s/ Sellers’ exclusion from the tender process.
6.2 If the Bidder / Seller makes incorrect statement on this subject, Bidder /
Seller can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason without any liability whatsoever on the Buyer.
Signature & Stamp of Bidder Page 26 of 28
7. Company Code of Conduct
Bidders / Sellers are also advised to have a company code of conduct (clearly rejecting the use of bribes and other unethical behavior) and a compliance program for the implementation of the code of conduct throughout the company.
8. Sanctions for Violation 8.1 If the Bidder(s)/ Seller(s), before award or during execution has committed
a transgression through a violation of Clause 5, above or in any other form such as to put his reliability or credibility in question, the Buyer is entitled to disqualify the Bidder(s)/ Seller(s) from the tender process or take action as per the procedure mentioned herein below:
i) To disqualify the Bidder / Seller with the tender process and
exclusion from future contracts. ii) To debar the Bidder / Seller from entering into any bid from Buyer
for a period of two years. iii) To immediately cancel the contract, if already signed / awarded
without any liability on the Buyer to compensate the Bidder /Seller for damages, if any. Subject to Clause 5, any lawful payment due to the Bidder/Seller for supplies effected till date of termination would be made in normal course.
iv) To encash EMD / Advance Bank Guarantees/ Performance Bonds
/ Warranty Bonds, etc. which may have been furnished by the Bidder / Seller to the extent of the undelivered Stores and / or Services.
8.2 If the Buyer obtains knowledge of conduct of a Bidder/ Seller or of an
employee or a representative or an associate of a Bidder / Seller which constitutes corruption, or if the Buyer has substantive suspicion in this regard, the Buyer will inform to its Chief Vigilance Officer.
9. Compensation for Damages 9.1 If the Buyer has disqualified the Bidder(s) / Seller(s) from the tender process
prior to the award according to Clause 8, the Buyer is entitled to demand and recover the damages equivalent to Earnest Money Deposit in case of open tendering.
9.2 If the Buyer has terminated the contract according to Clause 8, or if the Buyer
is entitled to terminate the contract according to Clause 8, the Buyer shall be entitled to encash the advance bank guarantee and performance bond/ warranty bond, if furnished by the Bidder / Seller, in order to recover the payments, already made by the Buyer for undelivered Stores and / or Services.
10. Price Fall Clause
Signature & Stamp of Bidder Page 27 of 28
The Bidder undertakes that it has not supplied/ is not supplying same or similar product/systems or subsystems at a price lower than that offered in the present Bid in respect of any other Ministry/Department of the Government of India or PSU or Coal India Ltd and its subsidiaries during the currency of the contract and if it is found at any stage that same or similar product/ Systems or Subsystems was supplied by the Bidder to any other Ministry / Department of the Government of India or a PSU or any Public Sector Bank at a lower price during the currency of the contract, then that very price will be applicable to the present case and the difference in the cost would be refunded by the Bidder to the Buyer, if the contract has already been concluded.”
11. Independent External Monitor(s) 11.1 The Buyer has appointed Independent External Monitors for this Integrity
Pact in consultation with the Central Vigilance Commission.
11.2 As soon as the Integrity Pact is signed, the Buyer shall provide a copy thereof, along with a brief background of the case to the Independent External Monitors.
11.3 The Bidder(s) / seller (s), if they deem it necessary, may furnish any
information as relevant to their bid to the Independent External Monitors. 11.4 If any complaint with regard to violation of the IP is received by the buyer in
a procurement case, the buyer shall refer the complaint to the Independent External Monitors for their comments / enquiry.
11.5 If the Independent External Monitors need to peruse the records of the
buyer in connection with the complaint sent to them by the buyer, the buyer shall make arrangement for such perusal of records by the Independent External Monitors.
11.6 The report of enquiry, if any, made by the Independent External Monitors
shall be submitted to the Management of Union Bank of India within 2 weeks, for a final and appropriate decision in the matter keeping in view the provision of this Integrity Pact.
12. Law and Place of Jurisdiction
This Integrity pact is subject to Indian Laws, and exclusive Jurisdiction of Courts at Mumbai, India.
13. Other Legal Actions
The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.
14 Integrity Pact Duration 14.1 This Integrity Pact beginswhen both parties have legally signed it. It expires
for the successful Bidder / Seller 10 months after the last payment under the contract, and for all other Bidders / Sellers within 6 months from date of placement of order / finalization of contract.
Signature & Stamp of Bidder Page 28 of 28
14.2 If any claim is made / lodged during this time, the same shall be binding
and continue to be valid despite the lapse of this Integrity Pact as specified above, unless it is discharged / determined by MD & CEO, Union Bank of India.
14.3 Should one or several provisions of this Integrity Pact turn out to be invalid, the remainder of this Integrity Pact remains valid. In this case, the parties will strive to come to an agreement to their original intentions
15. Other Provisions 15.1 Changes and supplements need to be made in writing. Side agreements have
not been made. 15.2 The Bidder(s)/Seller(s) signing this IP shall not initiate any Legal action or
approach any court of law during the examination of any allegations/complaint by IEM and until the IEM delivers its report.
15.3 In view of the nature of this Integrity Pact, this Integrity Pact shall not be
terminated by any party and will subsist throughout its stated period. 15.4 Nothing contained in this Integrity Pact shall be deemed to assure the
Bidder/ Seller of any success or otherwise in the tendering process. 16. This Integrity Pact is signed with Union Bank of India exclusively and hence
shall not be treated as precedence for signing of IP with MoD or any other Organization.
17. The Parties hereby sign this Integrity Pact at______________on________
(Seller/Bidder) and ______________on________ (Buyer)
BUYER BIDDER* / SELLER* Signature: Signature:
General Manager/ Dy G.M. Authorized Signatory (*) Union Bank of India, …………………………Division Date: Date:
Stamp: Stamp:
Witness Witness
1._____________________ 1.__________________
_____________________ __________________ 2._____________________ 2.__________________
_____________________ __________________
(*) – Authorized signatory of the company who has also signed and submitted the main bid