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cument History2013OverviewDocumentTitleDocumentStatusAbstractProcurement Policy Manual for RajCOMP Info Services LimitedRajCOMP Info Services Limited- Manual on Policies and Procedures forProcurementFinalDepartment <strong>of</strong> Information<strong>Technology</strong> & <strong>Communications</strong>(DoIT&C),<strong>Government</strong> <strong>of</strong> <strong>Rajasthan</strong> (<strong>GoR</strong>)This document provides a broad framework and guidelines for RajCOMPInfo Services Limited Staff in carrying out various procurement activities.Document Publication HistoryRequest for eBids for Selection <strong>of</strong> EnrolmentAgencies for Bhilwara & Nagaur Districts for<strong>Rajasthan</strong> UID Project through eProc/ eTenderDate Author Version Remark17 th February 2011 Dr. S.S. Vaishnava V3 Final VersionDistributionVersion Name LocationFinalMD RajComp Info ServicesLimitedRajComp Info Services Limited <strong>of</strong>fice,JaipurSecretary (IT)RajComp Info Services Limited <strong>of</strong>fice,Jaipur


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectBid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur Districts for<strong>Rajasthan</strong> UID Project through eProc/ eTender[Reference No. F11(149)/DoIT/Project/13/1659 dated 08/03/2013]Mode <strong>of</strong> Bid Submission Online though eProcurement/ eTenderingsystem at http://eproc.rajasthan.gov.inProcuring AuthoritySecretary & Commissioner,DoIT&C, Second Floor, IT Building, YojanaBhawan Campus, Tilak Marg, C-Scheme,Jaipur (<strong>Rajasthan</strong>)Last Date & Time <strong>of</strong> Submission <strong>of</strong> eBid 18/03/2013 upto 11 AMDate & Time <strong>of</strong> Opening <strong>of</strong> Technical eBid 18/03/2013 at 12.30 PMBidding Document Fee: Rs. 400/- (Rupees Four Hundred only)Name <strong>of</strong> the Bidding Company/ Firm:Contact Person (Authorised BidSignatory):Correspondence Address:Mobile No.Website & E-Mail:TelephoneFax Nos.:&Department <strong>of</strong> Information <strong>Technology</strong> & <strong>Communications</strong> (DoIT&C)2 nd Floor, IT Building, Yojana Bhawan Campus, Tilak Marg, C-Scheme, Jaipur(<strong>Rajasthan</strong>)Phone: 0141-2224855 Fax: 0141-2222011Web: http://doitc.rajasthan.gov.in, Email: uid@rajasthan.gov.inPage 2 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectTABLE OF CONTENTSS.No. Chapter PageAbbreviations & Definitions 41. Chapter-1: Invitation for eBids (IFB) and Notice Inviting eBids (NIB) 82. Chapter-2: Project Pr<strong>of</strong>ile & Background Information 103. Chapter-3: Pre-qualification/ Eligibility Criteria 114. Chapter-4: Scope <strong>of</strong> Work, Deliverables and Timelines 135. Chapter-5: Instruction to Bidders (ITB) 246. Chapter-6: General Terms and Conditions <strong>of</strong> Tender & Contract 477. Chapter-7: Special Terms and Conditions <strong>of</strong> Tender & Contract 57Annexures/ Bidding Forms1. Bidder‟s Authorisation Certificate 592. Self-Declaration 603. Certificate <strong>of</strong> Conformity/ No Deviation 614. UIDAI Enrolment Process Flow 625. Indicative Training Design Structure 636. Financial Bid Format (BoQ Format) 647.Bank Guarantee (BG) Formats – Bid Security (EMD) & Performance 67Security (PBG)8. Draft Agreement Format 729. Memorandum <strong>of</strong> Appeal under the RTPP Act, 2012 74Page 3 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectABBREVIATIONS & DEFINITIONSAADHAARActAuthenticationAuthorisedSignatoryBGBid/ eBidBid SecurityBidderBidding DocumentBiometric DataCIDRCMCBrand name associated with UIDThe <strong>Rajasthan</strong> Transparency in Public Procurement Act, 2012 (Act No.21 <strong>of</strong> 2012) and Rules theretoThe process <strong>of</strong> verifying the UID number <strong>of</strong> a resident with reference tohis biometrics.The bidder‟s representative/ <strong>of</strong>ficer vested (explicitly, implicitly, or throughconduct) with the powers to commit the authorizing organization to abinding agreement. Also called signing <strong>of</strong>ficer/ authority having the Power<strong>of</strong> Attorney (PoA) from the competent authority <strong>of</strong> the respective Biddingfirm.Bank GuaranteeA formal <strong>of</strong>fer made in pursuance <strong>of</strong> an invitation by a procuring entityand includes any tender, proposal or quotation in electronic formatA security provided to the procuring entity by a bidder for securing thefulfilment <strong>of</strong> any obligation in terms <strong>of</strong> the provisions <strong>of</strong> the biddingdocuments. Also called as EMD.Any person/ firm/ agency/ company/ contractor/ supplier/ vendorparticipating in the procurement/ bidding process with the procuremententityDocuments issued by the procuring entity, including any amendmentsthereto, that set out the terms and conditions <strong>of</strong> the given procurementand includes the invitation to bidRefers to the facial image, iris scan and fingerprints collected by theEnrollment Agency from the enrollees based on the standards prescribedby the UIDAICentral Identity Repository owned and maintained by UIDAI whichreceives all enrolment data for de-duplication and generation <strong>of</strong> uniqueidentity numbers.Contract Monitoring CommitteeCompetent Authority An authority or <strong>of</strong>ficer to whom the relevant administrative or financialpowers have been delegated for taking decision in a matter relatingto procurement. Secretary & Commissioner, IT&C, Govt. <strong>of</strong> <strong>Rajasthan</strong> inthis bidding document.Contract/ProcurementContractContract/ ProjectPeriodDayA contract entered into between the procuring entity and a successfulbidder concerning the subject matter <strong>of</strong> procurementThe Contract/ Project Period shall commence from the date <strong>of</strong> issue <strong>of</strong>Work order till the time as prescribed in RFQ.A calendar day as per <strong>GoR</strong>/ GoI.Page 4 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectDoIT&C Department <strong>of</strong> Information <strong>Technology</strong> and <strong>Communications</strong>,<strong>Government</strong> <strong>of</strong> <strong>Rajasthan</strong>.eGRAS Online <strong>Government</strong> Receipts Accounting System (e-GRAS) is an e-Governance Initiative <strong>of</strong> <strong>Government</strong> <strong>of</strong> <strong>Rajasthan</strong> under Mission ModeProject category and is part <strong>of</strong> Integrated Financial Management System(IFMS). e-GRAS facilitates collection <strong>of</strong> tax/ non-tax revenue in both themodes: online as well as manual. All types <strong>of</strong> government revenue maybe deposited online using this website: https://egras.raj.nic.in/EMDEnrolling Agency/Enrolment Agency(EA)EnrolmentEnrolment Center(EC)Enrolment Station(ES)FOR/ FOBGoI/ <strong>GoR</strong>GoodsICTIFBINRIntroducerITITBEarnest Money Deposit. Also, called as Bid Security.The Agency appointed by the Registrar for collection <strong>of</strong> the Demographicand Biometric data in the area assigned by the Registrar. The termsEnrolling Agency and Enrolment Agency used interchangeably and meanthe same.Refers to the exercise <strong>of</strong> collection <strong>of</strong> demographic data after verification,collection <strong>of</strong> biometrics, and the allocation <strong>of</strong> the UID number after deduplication.Refers to the premises located in the area where the enrolment is beingcarried out. One Enrolment Center can host multiple Enrolment Stations.Refers to an individual enrolment booth/enclosure inside the EnrolmentCenter. The capture <strong>of</strong> Demographic and Biometric data is done in thisStation.Free on Board or Freight on BoardGovt. <strong>of</strong> India/ Govt. <strong>of</strong> <strong>Rajasthan</strong>All articles, material, commodities, electricity, livestock, furniture, fixtures,raw material, spares, instruments, s<strong>of</strong>tware, machinery, equipment,industrial plant, vehicles, aircraft, ships, railway rolling stock andany other category <strong>of</strong> goods, whether in solid, liquid or gaseous form,purchased or otherwise acquired for the use <strong>of</strong> a procuring entity as wellas services or works incidental to the supply <strong>of</strong> the goods if thevalue <strong>of</strong> services or works or both does not exceed that <strong>of</strong> the goodsthemselvesInformation and Communication <strong>Technology</strong>.Invitation for eBids (A document published by the procuring entityinviting ebids relating to the subject matter <strong>of</strong> procurement and anyamendment thereto and includes notice inviting eBid and request forproposal)Indian RupeeA person who is authorized to introduce a resident who does not possessany supporting documents in order to help them establish IDInformation <strong>Technology</strong>Instruction to BiddersPage 5 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectKYRLDLoINCBNIBNotificationPANPBGPCPQProcurementProcessProcurement/ PublicProcurementProject SitePSD/ SDPurchaserTendering AuthorityRegistrarBid ProposalRISLRVATServicesKnow Your ResidentLiquidated DamagesLetter <strong>of</strong> IntentA bidding process in which qualified bidders only from within India areallowed to participateNotice Inviting eBidA notification published in the Official GazettePermanent Account NumberPerformance Bank GuaranteeProcurement/ Purchase CommitteePre-QualificationThe process <strong>of</strong> procurement extending from the issue <strong>of</strong> invitation toeBid till the award <strong>of</strong> the procurement contract or cancellation <strong>of</strong> theprocurement process, as the case may beThe acquisition by purchase, lease, license or otherwise <strong>of</strong> works, goodsor services, including award <strong>of</strong> Public Private Partnership projects, by aprocuring entity whether directly or through an agency with which acontract for procurement services is entered into, but does not includeany acquisition without consideration, and “procure” or “procured” shallbe construed accordinglyWherever applicable, means the designated place or places.Performance Security Deposit/ Security DepositPerson or entity that is a recipient <strong>of</strong> a good or service provided by aseller (bidder) under a purchase order or contract <strong>of</strong> sale. Also calledbuyer. District Administration in this bid document.Person or entity that is has issued the bid document on the behalf onPurchaser. DoIT&C in this bid document.The Agency <strong>of</strong> State <strong>Government</strong> with whom the UIDAI has entered intoa Memorandum <strong>of</strong> Understanding for covering issues related to theimplementation <strong>of</strong> the UID Project. DoIT&C, <strong>GoR</strong> is one <strong>of</strong> the Registrarsfor UID Project in <strong>Rajasthan</strong>.An early stage in procurement process, issuing an invitation for suppliers,through a bidding process, to submit a proposal on a specific commodityor service for invitation <strong>of</strong> financial quotes.RajCOMP Info Services Limited<strong>Rajasthan</strong> Value Added TaxAny subject matter <strong>of</strong> procurement other than goods or works andincludes physical, maintenance, pr<strong>of</strong>essional, intellectual, consultancyand advisory services or any service classified or declared as such by aPage 6 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectprocuring entity and does not include appointment <strong>of</strong> any person made byany procuring entitySLAState <strong>Government</strong>State PublicProcurement PortalSubject Matter <strong>of</strong>ProcurementTINTPAUIDUIDAIVAT/ CenVATWO/ POService Level Agreement is a negotiated agreement between two partieswherein one is the customer and the other is the service provider. It is a aservice contract where the level <strong>of</strong> service is formally defined. In practice,the term SLA is sometimes used to refer to the contracted delivery time(<strong>of</strong> the service) or performance.<strong>Government</strong> <strong>of</strong> <strong>Rajasthan</strong> (<strong>GoR</strong>)http://sppp.raj.nic.inAny item <strong>of</strong> procurement whether in the form <strong>of</strong> goods, services or worksTax Identification NumberThird Party AuditorsUnique IdentificationUnique Identification Authority <strong>of</strong> IndiaValue Added Tax/ Central VATWork Order/ Purchase OrderPage 7 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project1. INVITATION FOR eBIDS (IFB) & NOTICE INVITING eBIDS (NIB)Name & Address <strong>of</strong> theProcuring EntityName & Address <strong>of</strong> theProject Officer In-charge(POIC)Subject Matter <strong>of</strong>ProcurementBid ProcedureBid Evaluation Criteria(Selection Method)Websites for downloadingBidding Document,Corrigendum’s, Addendumsetc.EstimatedCostProcurementBid Security/ Earnest MoneyDeposit (EMD) and Mode <strong>of</strong>PaymentPeriod <strong>of</strong> Sale <strong>of</strong> BiddingDocument (Start/ End Date)Manner, Start/ End Date forthe submission <strong>of</strong> eBidsSubmission <strong>of</strong> Banker’sCheque/ Demand Draft forTender Fee, EMD, andProcessing Fee*Date/ Time/ Place <strong>of</strong>Technical eBid OpeningDate/ Time/ Place <strong>of</strong>Financial eBid Opening Name: DoIT&C, <strong>GoR</strong> Address: IT Building, Yojana Bhawan Campus, Tilak Marg, C-Scheme,Jaipur (<strong>Rajasthan</strong>) Name: Shri Ramesh Chandra Gupta Designation: Officer on Special Duty (OSD), UID Project Address: IT Building, Yojana Bhawan Campus, Tilak Marg, C-Scheme,Jaipur (<strong>Rajasthan</strong>) Email: uid@rajasthan.gov.inSelection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur District for<strong>Rajasthan</strong> UID projectSingle-stage: two part (envelop) limited competitive eBid procedure athttp://eproc.rajasthan.gov.inLeast Cost Based Selection (LCBS)-L1 Websites: http://sppp.raj.nic.in, http://eproc.rajasthan.gov.in,http://www.rajasthan.gov.in, http://doitc.rajasthan.gov.in Bidding document fee: Rs. 400/- (Rupees Four Hundred only) in Cash/Demand Draft in favour <strong>of</strong> “Secretary & Commissioner, DoIT&C”payable at “Jaipur”. RISL Processing Fee: Rs. 1000/- (Rupees One Thousand only) inCash/ Demand Draft in favour <strong>of</strong> “Managing Director, RISL” payable at“Jaipur”. Bhilwara: Rs. 4.20 Crore (Rs. Four crore twenty lakh only); Nagaur: Rs. 6.16 Crore (Rs. Six crore sixteen lakh only); Amount (INR):o Bhilwara: Rs. 8.4 Lakh (Rs. Eight lakh forty thousand only);o Nagaur:Rs. 12.32 Lakh (Rs. Twelve lakh thirty two thousand only);[0.5% for S.S.I. <strong>of</strong> <strong>Rajasthan</strong>, 1% for Sick Industries, other than S.S.I.,whose cases are pending with Board <strong>of</strong> Industrial & FinancialReconstruction]. Mode <strong>of</strong> Payment: Cash, a Banker‟s Cheque or Demand Draft or BankGuarantee (in specified format), <strong>of</strong> a Scheduled Bank or depositthrough eGRAS (https://egras.raj.nic.in/)08/03/2013 to 18/03/2013 Manner: Online at eProc website (http://eproc.rajasthan.gov.in) Start Date: 08/03/2013 from 11 AM End Date: 18/03/2013 upto 11 AMupto 12 Noon on 18/03/2013 Date: 18/03/2013 Time: 12.30 PM Place: DoIT&C, Committee Room, Second Floor, IT Building, YojanaBhawan Campus, Tilak Marg, C-Scheme, Jaipur (<strong>Rajasthan</strong>)Will be intimated later to the Technically qualified biddersPage 8 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectBid Validity120 days from the bid submission deadlineNote:1) Bidder (authorised signatory) shall submit their <strong>of</strong>fer on-line in Electronic formats both for technical andfinancial proposal. However, DD for Tender Fees, RISL Processing Fees and EMD should be submittedphysically at the <strong>of</strong>fice <strong>of</strong> Tendering Authority as prescribed in NIT and scanned copy <strong>of</strong> same shouldalso be uploaded along with the technical eBid/ cover.2) * In case, any <strong>of</strong> the bidders fails to physically submit the Banker‟s Cheque/ Demand Draft for TenderFee, EMD, and RISL Processing Fee upto 12 Noon on 18/03/2013, its Bid shall not be accepted. TheBanker‟s Cheque/ Demand Draft for Bidding document fee and Bid Security (EMD) should be drawn infavour <strong>of</strong> “Secretary & Commissioner, DoIT&C” and the RISL Processing Fee in favour <strong>of</strong> “ManagingDirector, RajCOMP Info Services Ltd.” payable at “Jaipur” from any Scheduled Commercial Bank.3) To participate in online bidding process, Bidders must procure a Digital Signature Certificate (Type III)as per Information <strong>Technology</strong> Act-2000 using which they can digitally sign their electronic bids. Bidderswho wish to participate in this bidding process must register on http://eproc.rajasthan.gov.in (biddersalready registered on http://eproc.rajasthan.gov.in before 30-09-2011 must register again).Bidders canprocure the same from any CCA approved certifying agency, i.e. TCS, Safecrypt, Ncode etc. Bidderswho already have a valid Digital Signature Certificate (DSC) need not procure a new DSC.4) DoIT&C will not be responsible for delay in online submission due to any reason. For this, bidders arerequested to upload the complete bid well advance in time so as to avoid 11th hour issues like slowspeed; choking <strong>of</strong> web site due to heavy load or any other unforeseen problems.5) Bidders are also advised to refer "Bidders Manual Kit" available at eProc website for further detailsabout the e-Tendering process.6) Training for the bidders on the usage <strong>of</strong> e-Tendering System (eProcurement) is also being arranged byDoIT&C on a regular basis. Bidders interested for training may contact e-Procurement Cell, DoIT&C forbooking the training slot.Contact No: 0141-4022688 (Help desk 10 am to 6 pm on all working days)e-mail: eproc@rajasthan.gov.inAddress : e-Procurement Cell, RISL, Yojana Bhawan, Tilak Marg, C-Scheme, Jaipur7) The procuring entity reserves the complete right to cancel the bid process and reject any or all <strong>of</strong> theeBids.8) No contractual obligation whatsoever shall arise from the bidding document/ bidding process unless anduntil a formal contract is signed and executed between the procuring entity and the successful bidder.9) Procurement entity disclaims any factual/ or other errors in the bidding document (the onus is purely onthe individual bidders to verify such information) and the information provided therein are intended onlyto help the bidders to prepare a logical bid-proposal.10) The provisions <strong>of</strong> RTPPA Act 2012 and Rules thereto shall be applicable for this procurement.Furthermore, in case <strong>of</strong> any inconsistency in any <strong>of</strong> the provisions <strong>of</strong> this bidding document with theRTPP Act 2012 and Rules thereto, the later shall prevail.Page 9 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project2. PROJECT PROFILE & BACKGROUND INFORMATION1) Project Pr<strong>of</strong>ilea. The <strong>Government</strong> <strong>of</strong> India (GoI) has embarked upon an ambitious initiative to provide aUnique Identification (UID) to every resident <strong>of</strong> India and has constituted the UniqueIdentification Authority <strong>of</strong> India (UIDAI) for this purpose. The timing <strong>of</strong> this initiativecoincides with the increased focus <strong>of</strong> the GoI on social inclusion and development throughmassive investments in various social sector programs, and transformation in publicservices delivery through e-Governance programs. The UID has been envisioned as ameans for residents to easily and effectively establish their identity, to any agency,anywhere in the country, without having to repeatedly produce identity documentation toagencies. More details on the UIDAI and the strategy overview can be found on thewebsite: http://www.uidai.gov.in.b. The widespread implementation <strong>of</strong> the UID project needs the reach and flexibility to enrolresidents across the country. To achieve this, the UIDAI proposes to partner with a variety<strong>of</strong> agencies and service providers (acting as Registrars, District Registrars and EnrollingAgencies) to enrol residents for UID. By participating in enrolling residents, registrars,District Registrar and enrolment agencies across the country would be part <strong>of</strong> a trulyhistoric exercise, one which can make our welfare systems far more accessible andinclusive <strong>of</strong> the poor, and also permanently transform service delivery in India.c. UID Enrolments <strong>of</strong> Residents in <strong>Rajasthan</strong>: DoIT&C have been designated as nodaldepartment and State Registrar for the UID project. The administrative head <strong>of</strong> theRevenue Districts (District Collectors/ Magistrates) <strong>of</strong> <strong>Rajasthan</strong> have been identified asthe District Registrars <strong>of</strong> the UID project who will be in charge <strong>of</strong> the enrolment process intheir respective revenue districts.d. Implementation Strategy and Approach: Multiple Registrar approach has been adoptedin <strong>Rajasthan</strong>, where efforts <strong>of</strong> all registrars will be coordinated to achieve maximumenrolments. Around 1.5 crore residents have already been enrolled for Aadhaar in<strong>Rajasthan</strong>.Page 10 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project3. PRE-QUALIFICATION/ ELIGIBILITY CRITERIA1) A bidder participating in the procurement process shall possess the following minimum prequalification/eligibility criteria.S.No.BasicRequirementSpecific RequirementsDocumentsRequired1 Legal Entity UIDAI empanelled Enrolling Agencies (as per latestUIDAI list) having F1, F2, F3 and F4 Financial- Copy <strong>of</strong> UIDAIempanelmentcategory (for undertaking demographic and certificatebiometric data collection for enrolment <strong>of</strong> residentsanywhere in India)2 Consortium UIDAI empanelled consortiums Copy <strong>of</strong> UIDAIConsortiumAgreement3 TechnicalCapability4 Taxregistration5 MandatoryUndertakingThe bidders must have the capacity to install atleastthe following minimum number <strong>of</strong> machines forindividual districts for which the bidder is bidding (i.e.if the bidder is bidding for both the districts, then heshall have the cumulative number required forindividual districts) :Minimum No. <strong>of</strong> Machines to be deployed = 80% <strong>of</strong>the unenrolled population <strong>of</strong> District) / (25 x 6 x 50)The bidder should have a registered number <strong>of</strong>i. Service Taxiii. Income Tax / Pan number.Bidder should: -a) not be insolvent, in receivership, bankrupt orbeing wound up, not have its affairsadministered by a court or a judicial <strong>of</strong>ficer, nothave its business activities suspended and mustnot be the subject <strong>of</strong> legal proceedings for any <strong>of</strong>the foregoing reasons;b) not have, and their directors and <strong>of</strong>ficers nothave, been convicted <strong>of</strong> any criminal <strong>of</strong>fencerelated to their pr<strong>of</strong>essional conduct or themaking <strong>of</strong> false statements ormisrepresentations as to their qualifications toenter into a procurement contract within a period<strong>of</strong> three years preceding the commencement <strong>of</strong>the procurement process, or not have beenotherwise disqualified pursuant to debarmentproceedings;c) not have a conflict <strong>of</strong> interest in the procurementin question as specified in the bidding document.d) comply with the code <strong>of</strong> integrity as specified inthe bidding document.Self-Declaration asper Annexure-2Copies <strong>of</strong> relevantcertificates <strong>of</strong>registrationSelf-Declaration asper Annexure-2Page 11 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectNote:1. Bhilwara and Nagaur have 15 lakh & 22 lakh estimated unenrolled populationrespectively. Bidder can bid for one or more number <strong>of</strong> districts.2. In addition to the provisions regarding the qualifications <strong>of</strong> the bidders as set out ineligibility criteria above: -i. the procuring entity shall disqualify a bidder as per the provisions under“Clause: Exclusion/ Disqualification <strong>of</strong> bids in Chapter-5: ITB”; andii. the procuring entity may require a bidder, who was pre-qualified, todemonstrate its qualifications again in accordance with the same criteria usedto pre-qualify such bidder. The procuring entity shall disqualify any bidder thatfails to demonstrate its qualifications again, if requested to do so. The procuringentity shall promptly notify each bidder requested to demonstrate itsqualifications again as to whether or not the bidder has done so to thesatisfaction <strong>of</strong> the procuring entity.Page 12 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project4. SCOPE OF WORK, DELIVERABLES & TIMELINES1) Details <strong>of</strong> work (SoW)The scope <strong>of</strong> work <strong>of</strong> the enrolment agency is defined broadly on two parameters.A. Functional ScopeThe functional scope <strong>of</strong> this engagement shall include all the steps from setting up anenrolment station/center for enrolment <strong>of</strong> all residents <strong>of</strong> District or area allocated for theUID Enrolment Project up to providing requisite MIS reports to District Registrar, Registrarand UIDAI on enrolments completed on a daily basis till the duration <strong>of</strong> the project. TheEnrolling Agency shall also be responsible for delivering additional services as required bythe Registrar through this bid document.i. Procure Biometric Devices as per UIDAI Specifications: The enrolment agencyshould procure camera and biometric devices (for fingerprint and iris capture), usedfor capture <strong>of</strong> biometric data at the enrolling station, which conform to latest UIDAIspecifications and certified by UIDAI appointed agencies.ii. Setting up <strong>of</strong> Enrolment Stations and Enrolment Centre: The minimum number<strong>of</strong> Enrolment Stations that a Enrolment agency have to setup shall be as describedunder “special terms and conditions”.The work plan including enrolment plan, location <strong>of</strong> enrolment centre‟s andschedule for the enrolment centre shall be prepared by the Enrolment Agency andapproved by District Registrar. The exact location <strong>of</strong> enrolment centre, catchmentarea <strong>of</strong> the enrolment centre and number <strong>of</strong> enrolment stations per enrolmentcentre shall be decided by the District Registrar (from proposal/project schedulingplan presented by the EA) in consultation with the Enrolment Agency. There maybe more than one enrolment centre in a village to cater for large or dispersed (inhamlets) population.A permanent enrolment station in this context would mean an enrolment station(say at District/tehsil head quarter) that shall be available for entire duration <strong>of</strong>project at a fixed location. A stationary enrolment station in this context would meanan enrolment station that shall be available at a particular location like school,panchayat <strong>of</strong>fice etc. for a period required to complete enrolment <strong>of</strong> the populationin the catchment area assigned. A mobile enrolment station also be made availablein a tehsil (in last six months <strong>of</strong> the project period) in this context would mean anenrolment station housed in a mobile vehicle with facilities as defined in this sectionand shall move around in the catchment area (locality) assigned until the enrolment<strong>of</strong> the target population in the locality is completed.The process for setting up Enrolment centre, enrolment stations and the enrolmentprocess flow is detailed out in Annexure-4 at the end <strong>of</strong> this document. ThePage 13 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectminimum facilities in the setup are as below.a) Setting up <strong>of</strong> Enrolment station: Enrolment Station refers to anindividual enrolment booth/enclosure inside the Enrolment Centre. Thecapture <strong>of</strong> Demographic and Biometric data is done in this Station. Anenrolment station including a mobile enrolment station shall be equippedwith all the necessary machinery which include –Mandatory RequirementsAA.1 Laptop/Desktop available (The minimum system, WindowsOperating System requirement are defined in AadhaarInstallation Setup Manual; 4 USB /USB hub for connectingbiometric devices)A.2 UIDAI s<strong>of</strong>tware installed, tested, configured, registered withCIDR as per installation and configuration manualA.3 UIDAI standards compliant Iris capture devices duly certified bySTQC (make & model)A.4 UIDAI standards compliant finger print capture devices dulycertified by STQC (make & model)A.5 UIDAI standards compliant digital camera as per UIDAIspecifications.A.6 White back ground screen, non reflecting, opaque, ~3ft wide,and with stand ,available for taking photographsA.7 Extra monitor for residents to verify their data (15-16" with aresolution above 1024x768)A.8 All devices as per UIDAI standardsA.9 Working <strong>of</strong> all equipment at every station testedA.10 Printer ( A4 laser printer; must print photo with good qualityreceipt)A.11 Printer Paper( Inventory for 5 stations for 10 days ~ 20 rims)A.12 Anti Virus / Anti Spyware checksA.13 Data Card /Internet connectivity for Enrolment Client to beonline every 24-48 hrsA.14 All Operators and Supervisors enrolled into AADHAAR andregistered with CIDRA.15 The pre-enrolment data from the Registrars, if used, isavailable for import on laptopsA.16 If Registrar has additional fields to be captured, then the KYR+s<strong>of</strong>tware for capturing the KYR+ fields is configured and tested.A.17 Sponge for wetting and hand-cleaning cloth availableA.18 If scanning mandated by UIDAI then provision <strong>of</strong> scanner asper UIDAI specifications and guidelinesb) Setting up <strong>of</strong> Enrolment Centre: Enrolment Centre refers to thepremises located in the area where the enrolment is being carried out.The process for setting up Enrolment centre is defined in „Set upEnrolment centre sub process flow‟ in Annexure-4. One EnrolmentPage 14 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectCentre can host a single or multiple Enrolment Stations. Following arethe specifications for a permanent/ stationary/mobile enrolment center –BMandatory RequirementsEnrolment CentreB.1 Backup power supply (generator) <strong>of</strong> 2 KVA capacity for everyfive enrolment stations kept in a centreB.2 Fuel to run the generatorsB.3 Printed enrolment forms for filling data available in sufficientnumbersB.4 Bubble packed, water resistant, envelopes (CD mailer) for pendrive transfer to CIDR via India Post (2 Envelopes/day/centre.Enrolment Centre should maintain a minimum stock <strong>of</strong> 20 days)B.5 Preprinted pre-addressed labels for envelopes (2 /day/centre.Enrolment Centre should maintain a minimum stock <strong>of</strong> 20 days)B.6 Data Backup <strong>of</strong> each station at least twice a day on an externalhard disk (backup should be maintained for a minimum period<strong>of</strong> 60 days).B.7 Adequate lighting, fans & power points for plugging variousbiometric devices availableB.8 Local authorities informed <strong>of</strong> enrolment scheduleB.9 Introducers informed <strong>of</strong> enrolment scheduleB.10 Banner for the Enrolment Centre placed at entranceB.11 Posters depicting enrolment process in English & the locallanguage present in visible placesB.12 Grievance handling Helpline Number and other importantnumbers displayed prominently inside/outside the enrolmentcentreB.13 The User Manual <strong>of</strong> the s<strong>of</strong>tware available for ready reference& operators aware <strong>of</strong> the sameB.14 Ink pad for taking thumb impressions on consent whereresident/introducer is unable to signB.15 External Hard disk for taking backupB.16 Manned HelpdeskB.17 Sufficient number <strong>of</strong> tables and chairs for enrolment stationoperatorsB.18 Chairs/benches available in shade for current enrolleeB.19 IEC tool Kit for Enrolment Centre (It is duty <strong>of</strong> EA to collect allIEC material required at enrolment centre (IEC Tool kit) fromRegistrar/District‐Registrar. EA will further post all such IECmaterial in and around EC as per UIDAI guidelines and asrequired by Registrar / District Registrar before startingenrolments at a EC.)B.20 Photocopier machine for photocopying resident's PoI, PoA andother documentsPage 15 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectc) Other Requirements at Enrolment Centre are listed as below:DesiredC Other LogisticsC.1 Mobile phone/ Land phone/Internet available for immediatecommunication with UIDAI /Registrars etcC.2 Extension box for Power CordC.3 Water, soap and towel for cleaning handsC.4 Drinking water facility availableC.5 Hall / room spacious & furniture organized to minimizemovement <strong>of</strong> enrolee while capturing biometric informationC.6 At least one station is suitable for physically challenged,pregnant women, women with infants and elderly enrolees.This station is clearly marked with a visible banner.C.7 Carry cases for all devices availableC.8 Material for cleaning biometric instruments and laptops asspecified by device manufacturersC.9 A separate enclosure to enrol “purdah-nasheen” womenavailableC.10 Sufficient no. <strong>of</strong> operators available for job rotation &preventing operator fatigueC.11 Lady operators / volunteers to assist women enrolleesC.12 Security arrangement in place to stop enrolees from carryingbags / suitcases or any other material into the enrolmentcentresC.13 A ramp is provided for disabled and old age peopleC.14 First aid kit availableC.15 ORS kit available for areas in extreme heat conditionsC.16 GPS Receiver (USB/built in)C.17 Bar Coded Stickers (Optional as per Registrar's mandate)C.18 Bar Code Reader (Optional as per Registrar's mandate)C.19 Chairs/benches available in shade for waiting enrolleesEnrolment Center - Health & Safety ConsiderationsD.1 All the electrical equipment are properly earthedD.2 All wiring on the floor or along the walls properly insulatedD.3 Wiring required for the generator backup and for connectingthe various devices used for enrolment neatly organizedD.4 Fuel for generator or any other inflammable material storedaway from the enrolment areaD.5 Fire safety equipment available handyD.6 Power generator kept sufficiently away from the enrolmentstationsD.7 Local Emergency Help numbers available at the center &operators aware <strong>of</strong> the samed) An enrolment center shall be manned by a supervisor and technicalpersonnel in addition to the operators at the enrolling stations. A ratio <strong>of</strong>Page 16 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectiii.5:1 operators to supervisors as well as operators to technical staff subjectto a minimum <strong>of</strong> one supervisor per one enrolment centre should bemaintained by the Enrolment Agency.e) The premises <strong>of</strong> the enrolment center shall be provided by the DistrictRegistrar. Above premise should be a lockable premise with electricsupply as far as possible (Electricity charges will be borne by DistrictRegistrar for above premises). Providing other infrastructure like tables,chair, electric fan etc. will be responsibility <strong>of</strong> EA only.f) However the enrolling agency shall ensure required infrastructure likepower (if not already available) etc. with the help <strong>of</strong> the local bodyauthorities. In cases where such facilities are not available, the enrollingagency shall be responsible for providing alternate arrangements likepower generator including fuel etc. at their own cost.g) An area in the enrolment center shall be clearly demarcated for enrolleeswaiting to be enrolled and facilities for seating should be provided.h) In case <strong>of</strong> mobile enrolment centers/stations also, the decision onfrequency/period <strong>of</strong> availability shall be decided by the District Registrarbased on density <strong>of</strong> population, geographical terrain etc.i) Safety and security <strong>of</strong> all equipments and EA‟s manpower will be theresponsibility <strong>of</strong> Enrolment Agency only. EA may opt for insuring hisassets at his own cost. Any delay in enrolment due to theft/damage/crashetc. <strong>of</strong> equipments and other infrastructure will not be accepted and willbe attributed to Enrolment Agency‟s performance.Hiring Manpower for Enrolment:a) Manpower for Project Administration: The Enrolment Agency willdeploy following managerial staff per district for the project execution.Project Manager (at least 1 per district) –I. He/she would be overall in charge for project implementation andhave the overall responsibility for the project, supervision,monitoring and implementation.II. He/ she would be the single point contact for the DistrictRegistrar/ Registrarb) Manpower for Enrolment Station/Centre: The Enrolling Agency shallhire manpower to operate the enrolment station/center as per theguidelines prescribed by UIDAI.Page 17 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectOperators: Enrolling agency shall hire manpower (operator) to executeenrolment at the enrolment stations as per the criteria provided belowI. The operator should have passed MatriculationII. The operator should have a basic understanding <strong>of</strong> operating acomputer and should be comfortable using the computer.III. The operator should have undergone training on the variousequipment and -devices to be used during enrolment.IV. The operator should have passed the Operator test for UIDenrolment and certified from a testing and certifying agencyauthorized by UIDAI.Supervisor: The enrolling agency shall hire Supervisors to superviseenrolment at the enrolment centers as per the criteria provided belowI. The supervisor shall preferably a graduateII. The supervisor shall have a good understanding and experiencein using a computer.III. The supervisor should have undergone training on the variousequipment and devices to be used during enrolment.IV. The operator should have passed the Supervisor test andcertified from a testing and certifying agency authorized byUIDAI.Technical personnel: The enrolling agency shall hire Technicalpersonnel to provide technical support during enrolment at theenrolment centers as per the criteria provided below computer skills.I. The Technical personnel shall be a Graduate and have acertification/experience on hardware/s<strong>of</strong>tware trouble shootingand maintenanceII. The Technical personnel shall have a good understanding andexperience in using a computer.III. The Technical personnel should have undergone training on thevarious equipment and -- devices to be used during enrolment.IV. The Technical personnel should have passed the Technicalpersonnel test and certified from a testing and certifying agencyauthorized by UIDAI.c) Induction training: After hiring the personnel as described above, theEnrolment Agency should impart induction training on the variousactivities involved in the enrolment process to enable them to understandPage 18 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectiv.and adjust to the local situation. The induction training is to be given justbefore actual deployment <strong>of</strong> the personnel for enrolment operations andshall be compulsory. The period <strong>of</strong> induction training shall be from 10 to15 days.Training <strong>of</strong> Manpower: The EA shall identify resources to employ in the Enrolmentoperations, get them trained and certified and then deploy them on the enrolmentstations. UIDAI shall empanel training institutes to impart training in UIDAIprescribed enrolment operations. EAs may opt for engaging specialized trainingagencies (only those who have been empanelled with UIDAI) for providing trainingto its Enrolment personnel. However the enrolling agencies may also train their ownmanpower subject to certain conditions as prescribed below -a) The training schedule and content shall be as prescribed by UIDAI on itswebsite.b) The Enrolment agency may prefer to have master trainers onboard.Master trainers shall be identified by the Enrolment agency from its pool<strong>of</strong> trainers and get them trained by UIDAI/ its representative as per itsschedule. Master trainers shall train the trainers.c) The Enrolment agency shall have the requisite number <strong>of</strong> trainers fortraining its personnel. Trainers have to be trained by the Master trainersand should have passed the certification exam.d) The training and enrolment operations shall be separate activities.e) Duration <strong>of</strong> the training will vary depending on the category/ level <strong>of</strong> theparticipant and shall be prescribed by UIDAI on its website.f) The enrolling agency providing in-house training shall translate thetraining material into local language and hand it over to the courseparticipants.g) The Enrolment agency shall ensure the availability <strong>of</strong> the requisiteinfrastructure for imparting training which shall include1. Availability <strong>of</strong> at least two sets <strong>of</strong> the equipment and gadgets listedabove.2. Certified trainersh) The size <strong>of</strong> a batch for training shall not exceed 40 per batch.i) The training schedule and contents for training shall be defined byUIDAI/its representative.j) The manpower trained by the Enrolling Agency/Empanelled trainingagency shall be considered qualified only after passing the Certifying testconducted by a Testing and Certifying Agency authorized by UIDAI.Page 19 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectTherefore the agency shall coordinate with the testing agency for testingand certifying its trainees.k) The agency shall be subject to process audits for training from time totime by UIDAI/ its representative.Indicative training modules and duration is provided in Annexure-5.Alternatively an individual can undergo self training based on the contentprovided on the UIDAI website and attend the certification test. Uponsuccessful certification the individual is deemed competent to perform in therole he is certified and can be hired by the Enrolment agencies for enrolmentoperations.v. Conduct Enrolment Operations as per Standard Processes specified byUIDAI/Registrar:Prior to the commencement <strong>of</strong> the Enrolment operations the Enrolment Agencyshall work closely with the local governing bodies, key introducers in publicizing theUID, its importance and schedule for UID registration in that location. During theenrolment operation also publicity and awareness shall be done in coordination withthe local authorities to encourage UID registrations. All content and material forsuch publicity will be jointly worked by UIDAI/Registrar/District Registrar and shallconform to specifications laid down by UIDAI.The Enrolment Agencies shall use the s<strong>of</strong>tware provided by the UIDAI/Registrar forthe collection <strong>of</strong> demographic data and the biometric data. The s<strong>of</strong>tware will besupported by a User Manual. Further, UIDAI has defined clear-cut standardprocesses for enrolment as mentioned hereunder -a) Collect demographic data after due verification as prescribed by UIDAI:Registrar will facilitate the EA in providing pre-enrolment data availablewith state, if required by EA and agreed by the Registrar. Bidders canrefer to Resident Enrolment Process document for the detailed processflow and description <strong>of</strong> capturing Demographic and Biometric datacapture. The enrolment agency shall be responsible for printing <strong>of</strong> theenrolment forms, acknowledgement receipts etc. at their own cost.Format <strong>of</strong> enrolment form and acknowledgement receipts will be providedby Registrar/UIDAI. Enrollees‟ PoI, PoR, DoB and other documents asrequired by Registrar should be photocopied by EA at his own cost. It willbe duty <strong>of</strong> EA to help resident in getting them verified by designatedverifier. Verifier will be appointed and monetarily incentivized by DistrictRegistrar directly on the basis <strong>of</strong> number <strong>of</strong> successful UID generated forresidents who were verified by particular verifier.Page 20 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectvi.b) The latest version <strong>of</strong> the Resident Enrolment Process document titled“Resident Enrolment Process Ver ” is uploaded on the UIDAIwebsite and the bidders may download the same from the following linkhttp://uidai.gov.in/index.php?option=com_content&view=article&id=148&Itemid=169c) Collect Biometric data from the enrollees as prescribed by the UIDAI:Bidder‟s may refer Registrar Onboarding Documents and other relevantdocuments available on http://uidai.gov.in/. Enrolment agency has tomake sure that it is in sync with latest guidelines/process documents/clientapplication etc. released by UIDAI and available onhttp://www.uidai.gov.in/ from time to time and Registrar/DistrictRegistrar/UIDAI will not be responsible for any delay/defect/error inenrolment process due to such negligence <strong>of</strong> EA.d) Get consent letter and generate acknowledgement receipt: After thedemographic and biometric details are captured, the enrolment operatorshall show the demographic data to the enrollee and get his consent. Ifneeded any corrections are made to the data and signed <strong>of</strong>f by theoperator by providing his finger prints. All exceptions need to be signed <strong>of</strong>fby the Supervisor. A consent letter has to be printed and the signature/thumb impression <strong>of</strong> the enrollee obtained and the letter filed. Anacknowledgement receipt is simultaneously printed which is provided tothe enrollee as a reference.e) Data backup and transfer: EA must ensure data backup at least twice aday on external media. The KYR demographic data along with biometricdata thus collected would be transmitted to the UIDAI for a process <strong>of</strong> deduplicationand allotment <strong>of</strong> the AADHAAR Number.f) Index and Store PoI, PoR, DoB and other required documents <strong>of</strong>enrollees: Arrangements will be made by the Registrar / UIDAI to storeverified copies <strong>of</strong> enrollees‟ documents related to PoI, PoR, and DoB,along with enrolment form & acknowledgment slip. However, till the time<strong>of</strong> handover <strong>of</strong> physical documents to District-Registrar/ Agency appointedby UIDAI, it will be duty <strong>of</strong> EA to index and store temporarily & safely thedocuments with him. These documents must further be submitted withDistrict Registrar/agency nominated by UIDAI at a location required.Further guidelines regarding this process will be made available tosuccessful bidder.Send Enrolment Data to CIDR and Registrar: The selected enrolment agencyPage 21 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectshall transfer the data to the UIDAI, as per their guidelines/directions. The enrollingagencies are therefore advised to obtain these instructions before they proceed tocollect the demographic and Biometric Data.vii. Other Services to be provided by the Enrolment Agency:a) Photocopy <strong>of</strong> PoI, PoA, DoB and other required documents.b) Comply with audit activities by Registrar/District Registrar/UIDAI or otherdesignated agenciesc) Pre-enrolment activity may be taken up by Enrolment Agency inconsultation with District Registrard) EA will deploy GPS instrument for every enrolment station, if so requiredby UIDAI.e) EA will deploy hardware keys for enrolment stations, if so required byUIDAI.viii. EA shall be responsible to make sure that the data is kept in a very secure andconfidential manner and under no circumstances, shall neither use the data nor partwith the data to any other agency other than the UIDAI/ Registrar/District Registrar.Mechanisms to ensure the same have to be put in place by the Enrolling agencyand shall be subject to audit by UIDAI/Registrar/District Registrar/theirrepresentative from time to time.ix. Provide Electronic MIS Reports on Enrolment Status Daily: Daily online MISreport shall be filled by agency for each enrolment station.x. UIDAI guidelines for enrolment are updated and changed from time to time.Whereas, all attempt has been made to present above the latest extant guidelines,selected bidders will be required to undertake the enrolment as per the latestguidelines in this regards.B. Additional Scope/ change in storage <strong>of</strong> documents: UIDAI is planning that EA shallmandatorily scan all PoI/PoA/DoB documents along with enrolment form andacknowledgement-cum-consent form upfront and will integrate them with resident datapacket, if so required by UIDAI. From a date to be that to be notified by the StateRegistrar/UIDAI, instead <strong>of</strong> photocopying and storing PoI, PoR, DoB and other requireddocuments <strong>of</strong> enrollees as mentioned at Clause [A, v, (f)], these documents shall has to bescanned and integrate with resident data packet as per purchaser/UIDAI directions.C. Geographical Scope: The geographical scope <strong>of</strong> work for enrolment operations shallinclude the areas under Bhilwara & Nagaur District. The districts have 15 lakh and 22 lakhestimated unenrolled population respectively.Page 22 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project2) Roles & Responsibilities <strong>of</strong> StakeholdersThe broad roles have been defined as below -District Registrar in consultation with Registrari. Audit <strong>of</strong> Enrolment Centers‟ readinessii. Audit <strong>of</strong> enrolment agency processes and their effectivenessiii. Verify PoI, PoA, DoB and other documents in case <strong>of</strong> document based verification.Alternatively, if due to any constraints, the Registrar/District Registrar needs to appointsomebody else, they can do so even from amongst EA operators/supervisors.iv. Approve work plan including enrolment plan, location <strong>of</strong> enrolment centre‟s andschedule for the enrolment centre. The exact location <strong>of</strong> enrolment centre, catchmentarea <strong>of</strong> the enrolment centre and number <strong>of</strong> enrolment stations per enrolment centreshall be decided by the Purchaser in consultation with the Enrolment Agency.v. Identify suitable locations for setting up enrolment centresvi. Setup mechanism for document verification either by Registrar‟s/District Registrar‟sown personnel or by EA Supervisor/Personnel.vii. Ensure pre-enrolment data, where applicable, is available to Enrolment Agencyviii. Ensure list <strong>of</strong> Introducers (if applicable) is available with their demographic, biometricdetails and UID numbersix. Facilitate communication and awareness about UIDAI enrolmentx. Provide template for paper-based enrolment formxi. Setup mechanism for periodic process and data quality auditUIDAIi. Make Enrolment s<strong>of</strong>tware availableii. Make process documents availableiii. Empanel Enrolment Agencies to facilitate speedy onboarding <strong>of</strong> Enrolment Agenciesby Registrarsiv. Facilitate certification <strong>of</strong> biometric devicesv. Provide training contentvi. Appoint a training and certification agency and provide testing content to this agencyvii. Provide required standards and guidelinesviii. Vet awareness and publicity contentix. Provide solution for document storage (Registrar/EA should store the documentssafely till the time UIDAI makes arrangement for document storage)Page 23 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project3) DeliverablesThe following include project deliverables but not limited to -a) Successful generation <strong>of</strong> Addhaar4) Project Duration and Time Extension:a) Project duration for designated area shall be <strong>of</strong> 6 months starting from date <strong>of</strong> issuance <strong>of</strong>work order to successful bidder.b) Time extension: The project period can be extended by upto 6 months on the same termsand conditions to cater population as agreed between District/State Registrar & selectedbidder.Page 24 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project5. INSTRUCTION TO BIDDERS (ITB)1) Sale <strong>of</strong> Bidding/ Tender Documentsa) The sale <strong>of</strong> bidding documents shall be commenced from the date <strong>of</strong> publication <strong>of</strong> NoticeInviting Bids (NIB) and shall be stopped one day prior to the date <strong>of</strong> opening <strong>of</strong> eBid. Thecomplete bidding document shall also be placed on the State Public Procurement Portaland eProcurement portal. The prospective bidders shall be permitted to download thebidding document from the websites and pay its price while submitting the eBid to theprocuring entity.b) The bidding documents shall be made available to any prospective bidder who pays theprice for it in cash or by bank demand draft, banker's cheque.c) Bidding documents purchased by Principal <strong>of</strong> any concern may be used by its authorisedsole selling agents/ marketing agents/ distributors/ sub-distributors and authorised dealersor vice versa.2) Changes in the Bidding Documenta) At any time, prior to the deadline for submission <strong>of</strong> eBids, the procuring entity may for anyreason, whether on its own initiative or as a result <strong>of</strong> a request for clarification by a bidder,modify the bidding documents by issuing an addendum in accordance with the provisionsbelow.b) In case, any modification is made to the bidding document or any clarification is issuedwhich materially affects the terms contained in the bidding document, the procuring entityshall publish such modification or clarification in the same manner as the publication <strong>of</strong> theinitial bidding document.c) In case, a clarification or modification is issued to the bidding document, the procuringentity may, prior to the last date for submission <strong>of</strong> eBids, extend such time limit in order toallow the bidders sufficient time to take into account the clarification or modification, as thecase may be, while submitting their eBids.d) Any bidder, who has submitted his eBid in response to the original invitation, shall have theopportunity to modify or re-submit it, as the case may be, within the period <strong>of</strong> time originallyallotted or such extended time as may be allowed for submission <strong>of</strong> eBids, when changesare made to the bidding document by the procuring entity:Provided that the eBid last submitted or the eBid as modified by the bidder shall beconsidered for evaluation.Page 25 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project3) Period <strong>of</strong> Validity <strong>of</strong> Bidsa) eBids submitted by the bidders shall remain valid during the period specified in the NIB/bidding document. A eBid valid for a shorter period shall be rejected by the procuring entityas non-responsive eBid.b) Prior to the expiry <strong>of</strong> the period <strong>of</strong> validity <strong>of</strong> eBids, the procuring entity, in exceptionalcircumstances, may request the bidders to extend the bid validity period for anadditional specified period <strong>of</strong> time. A bidder may refuse the request and such refusal shallbe treated as withdrawal <strong>of</strong> eBid and in such circumstances bid security shall not beforfeited.c) Bidders that agree to an extension <strong>of</strong> the period <strong>of</strong> validity <strong>of</strong> their eBids shall extend or getextended the period <strong>of</strong> validity <strong>of</strong> bid securities submitted by them or submit new bidsecurities to cover the extended period <strong>of</strong> validity <strong>of</strong> their bids. A bidder whose bid securityis not extended, or that has not submitted a new bid security, is considered to have refusedthe request to extend the period <strong>of</strong> validity <strong>of</strong> its eBid.4) Format and Signing <strong>of</strong> eBidsa) Bidders must submit their bids online at eProcurement portal i.e.http://eproc.rajasthan.gov.in.b) All the documents uploaded should be digitally signed with the DSC <strong>of</strong> authorizedsignatory.c) A Single stage-Two part/ cover system shall be followed for the eBid: -a. Technical Bid, including fee details, eligibility & technical documentsb. Financial Bidd) The technical bid shall consist <strong>of</strong> the following documents: -S. No. Documents Type Document FormatFee Details1. Bidding document Fee (Tender Fee) Pro<strong>of</strong> <strong>of</strong> submission (PDF)2. RISL Processing Fee (eProc) Instrument/ Pro<strong>of</strong> <strong>of</strong> submission(PDF)3. Bid Security (EMD) Instrument/ Pro<strong>of</strong> <strong>of</strong> submission(PDF)4. All the documents mentioned in the“Eligibility Criteria”, in support <strong>of</strong> theeligibilityAs per the format mentionedagainst the respective eligibilitycriteria clause (PDF)Technical Documents5. Bidder‟s Authorisation Certificate As per Annexure-1 (PDF)6. Self Declaration As per Annexure-2 (PDF)7. Certificate <strong>of</strong> Conformity/ No Deviation As per Annexure-3 (PDF)Page 26 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectb) Financial bid shall include the following documents: -S. No. Documents Type Document Format1. Covering Letter – Financial eBid On bidder‟s letter head dulysigned by authorized signatoryas per Annexure-6 (PDF)2. Financial eBid As per BoQ (.XLS) formatavailable on eProc portalc) The bidder should ensure that all the required documents, as mentioned in this biddingdocument, are submitted along with the eBid and in the prescribed format only. Nonsubmission<strong>of</strong> the required documents or submission <strong>of</strong> the documents in a differentformat/ contents may lead to the rejections <strong>of</strong> the eBid submitted by the bidder.5) Cost & Language <strong>of</strong> Biddinga) The Bidder shall bear all costs associated with the preparation and submission <strong>of</strong> its eBid,and the procuring entity shall not be responsible or liable for those costs, regardless <strong>of</strong> theconduct or outcome <strong>of</strong> the bidding process.b) The eBid, as well as all correspondence and documents relating to the eBid exchanged bythe Bidder and the procuring entity, shall be written only in English Language. Supportingdocuments and printed literature that are part <strong>of</strong> the eBid may be in another languageprovided they are accompanied by an accurate translation <strong>of</strong> the relevant passages inEnglish/ Hindi language, in which case, for purposes <strong>of</strong> interpretation <strong>of</strong> the eBid, suchtranslation shall govern.6) Alternative/ Multiple BidsAlternative/ Multiple eBids shall not be considered at all.7) Bid Security (EMD)Every bidder, if not exempted, participating in the procurement process will be required t<strong>of</strong>urnish the bid security as specified in the NIB.a) In lieu <strong>of</strong> bid security, a bid securing declaration shall be taken from Departments <strong>of</strong> theState <strong>Government</strong>, Undertakings, Corporations, Autonomous bodies, Registered Societiesand Cooperative Societies which are owned or controlled or managed by the State<strong>Government</strong> and <strong>Government</strong> Undertakings <strong>of</strong> the Central <strong>Government</strong>.b) Bid security instrument or cash receipt <strong>of</strong> bid security or a bid securing declaration shallnecessarily accompany the sealed technical bid.c) Bid security <strong>of</strong> a bidder lying with the procuring entity in respect <strong>of</strong> other bids awaitingdecision shall not be adjusted towards bid security for the fresh bids. The bid securityoriginally deposited may, however, be taken into consideration in case bids are re-invited.Page 27 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectd) The bid security may be given in the form <strong>of</strong> a banker‟s cheque or demand draft or bankguarantee, in specified format, <strong>of</strong> a scheduled bank or deposited through eGRAS. The bidsecurity must remain valid thirty days beyond the original or extended validity period <strong>of</strong> thebid.e) The issuer <strong>of</strong> the bid security and the confirmer, if any, <strong>of</strong> the bid security, as well as theform and terms <strong>of</strong> the bid security, must be acceptable to the procuring entity.f) Prior to presenting a submission, a bidder may request the procuring entity to confirm theacceptability <strong>of</strong> proposed issuer <strong>of</strong> a bid security or <strong>of</strong> a proposed confirmer, if required.The procuring entity shall respond promptly to such a request.g) The bank guarantee presented as bid security shall be got confirmed from the concernedissuing bank. However, the confirmation <strong>of</strong> the acceptability <strong>of</strong> a proposed issuer or <strong>of</strong> anyproposed confirmer does not preclude the procuring entity from rejecting the bid securityon the ground that the issuer or the confirmer, as the case may be, has become insolventor has otherwise ceased to be creditworthy.h) The bid security <strong>of</strong> unsuccessful bidders shall be refunded soon after final acceptance <strong>of</strong>successful bid and signing <strong>of</strong> Agreement and submitting performance security.i) The Bid security taken from a bidder shall be forfeited, including the interest, if any, in thefollowing cases, namely: -a. when the bidder withdraws or modifies its bid after opening <strong>of</strong> bids;b. when the bidder does not execute the agreement, if any, after placement <strong>of</strong> supply/work order within the specified period;c. when the bidder fails to commence the supply <strong>of</strong> the goods or service or execute workas per supply/ work order within the time specified;d. when the bidder does not deposit the performance security within specified period afterthe supply/ work order is placed; ande. if the bidder breaches any provision <strong>of</strong> code <strong>of</strong> integrity, prescribed for bidders,specified in the bidding document.j) Notice will be given to the bidder with reasonable time before bid security (EMD) depositedis forfeited.k) No interest shall be payable on the bid security (EMD).l) In case <strong>of</strong> the successful bidder, the amount <strong>of</strong> bid security may be adjusted in arriving atthe amount <strong>of</strong> the Performance Security, or refunded if the successful bidder furnishes thefull amount <strong>of</strong> performance security.m) The procuring entity shall promptly return the bid security after the earliest <strong>of</strong> the followingevents, namely:-a. the expiry <strong>of</strong> validity <strong>of</strong> bid security;Page 28 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectb. the execution <strong>of</strong> agreement for procurement and performance security is furnished bythe successful bidder;c. the cancellation <strong>of</strong> the procurement process; ord. the withdrawal <strong>of</strong> bid prior to the deadline for presenting bids, unless the biddingdocuments stipulate that no such withdrawal is permitted.8) Deadline for the submission <strong>of</strong> eBidsa) Bids shall be received online at eProcurement portal and up to the time and date specifiedin the NIB.b) Normally, the date <strong>of</strong> submission and opening <strong>of</strong> eBids would not be extended. Inexceptional circumstances or when the bidding document are required to be substantiallymodified as a result <strong>of</strong> discussions in pre-bid meeting (if any)/ conference or otherwise andthe time with the prospective bidders for preparation <strong>of</strong> eBids appears insufficient, the datemay be extended by the procuring entity. In such case the publicity <strong>of</strong> extended time anddate shall be given in the manner, as was given at the time <strong>of</strong> issuing the original NIB andshall also be placed on the State Public Procurement Portal, if applicable. It would beensured that after issue <strong>of</strong> corrigendum, reasonable time is available to the bidders forpreparation and submission <strong>of</strong> their eBids. The procuring entity shall also publish suchmodifications in the bidding document in the same manner as the publication <strong>of</strong> initialbidding document. If, in the <strong>of</strong>fice <strong>of</strong> the eBids receiving and opening authority, the lastdate <strong>of</strong> submission or opening <strong>of</strong> eBids is a non-working day, the eBids shall be receivedor opened on the next working day.9) Withdrawal, Substitution, and Modification <strong>of</strong> eBidsa) If permitted on eProc portal, a Bidder may withdraw its eBid or re-submit its eBid (technicaland/ or financial cover) as per the instructions/ procedure mentioned at eProc websiteunder the section "Bidder's Manual Kit".b) eBids withdrawn shall not be opened and processes further.10) Opening <strong>of</strong> eBidsa) The eBids shall be opened by the bid opening & evaluation committee on the date andtime mentioned in the NIB in the presence <strong>of</strong> the bidders or their authorisedrepresentatives who choose to be present.b) The committee may co-opt experienced persons in the committee to conduct the process<strong>of</strong> eBid opening.c) The committee shall prepare a list <strong>of</strong> the bidders or their representatives attending theopening <strong>of</strong> eBids and obtain their signatures on the same. The list shall also contain therepresentative‟s name and telephone number and corresponding bidders‟ names andPage 29 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectaddresses. The authority letters, if any, brought by the representatives shall be attached tothe list. The list shall be signed by all the members <strong>of</strong> eBid opening committee with dateand time <strong>of</strong> opening <strong>of</strong> the eBids.d) All the documents comprising <strong>of</strong> technical eBid/ cover shall be opened & downloaded fromthe eProc website (only for the bidders who have submitted the prescribed fee(s) toDoIT&C).e) The committee shall conduct a preliminary scrutiny <strong>of</strong> the opened technical eBids toassess the prima-facie responsiveness and ensure that the: -a. bid is accompanied by bidding document fee, bid security or bid securing declaration,and processing fee (if applicable);b. bid is valid for the period, specified in the bidding document;c. bid is unconditional and the bidder has agreed to give the required performancesecurity; andd. other conditions, as specified in the bidding document are fulfilled.e. any other information which the committee may consider appropriate.f) No eBid shall be rejected at the time <strong>of</strong> eBid opening except the eBids not accompaniedwith the pro<strong>of</strong> <strong>of</strong> payment or instrument <strong>of</strong> the required price <strong>of</strong> bidding document,processing fee and bid security.g) The Financial eBid cover shall be kept unopened and shall be opened later on the dateand time intimated to the bidders who qualify in the evaluation <strong>of</strong> technical eBids.11) Selection Method:a) There are two items in the financial bid for each district. The selection method is LeastCost Based Selection (LCBS or L1) calculated for each district separately for each itemindividually and not on the total financial bid.12) Clarification <strong>of</strong> eBidsb) To assist in the examination, evaluation, comparison and qualification <strong>of</strong> the eBids, the bidevaluation committee may, at its discretion, ask any bidder for a clarification regarding itseBid. The committee‟s request for clarification and the response <strong>of</strong> the bidder shall be inwriting.c) Any clarification submitted by a bidder with regard to its eBid that is not in response to arequest by the committee shall not be considered.d) No change in the prices or substance <strong>of</strong> the eBid shall be sought, <strong>of</strong>fered, or permitted,except to confirm the correction <strong>of</strong> arithmetic errors discovered by the committee in theevaluation <strong>of</strong> the financial eBids.Page 30 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projecte) No substantive change to qualification information or to a submission, including changesaimed at making an unqualified bidder, qualified or an unresponsive submission,responsive shall be sought, <strong>of</strong>fered or permitted.f) All communications generated under this rule shall be included in the record <strong>of</strong> theprocurement proceedings.13) Evaluation & Tabulation <strong>of</strong> Technical eBidsa) Determination <strong>of</strong> Responsivenessa. The bid evaluation committee shall determine the responsiveness <strong>of</strong> a eBid on thebasis <strong>of</strong> bidding document and the provisions <strong>of</strong> pre-qualification/ eligibility criteria <strong>of</strong>the bidding document.b. A responsive eBid is one that meets the requirements <strong>of</strong> the bidding document withoutany material deviation, reservation, or omission where: -i. “deviation” is a departure from the requirements specified in the bidding document;ii. “reservation” is the setting <strong>of</strong> limiting conditions or withholding from completeacceptance <strong>of</strong> the requirements specified in the bidding document; andiii. “Omission” is the failure to submit part or all <strong>of</strong> the information or documentationrequired in the bidding document.c. A material deviation, reservation, or omission is one that,i. if accepted, shall:-1. affect in any substantial way the scope, quality, or performance <strong>of</strong> the subjectmatter <strong>of</strong> procurement specified in the bidding documents; or2. limits in any substantial way, inconsistent with the bidding documents, theprocuring entity‟s rights or the bidder‟s obligations under the proposed contract;orii. if rectified, shall unfairly affect the competitive position <strong>of</strong> other bidders presentingresponsive eBids.d. The bid evaluation committee shall examine the technical aspects <strong>of</strong> the eBid inparticular, to confirm that all requirements <strong>of</strong> bidding document have been met withoutany material deviation, reservation or omission.e. The procuring entity shall regard a eBid as responsive if it conforms to all requirementsset out in the bidding document, or it contains minor deviations that do not materiallyalter or depart from the characteristics, terms, conditions and other requirements setout in the bidding document, or if it contains errors or oversights that can be correctedwithout touching on the substance <strong>of</strong> the eBid.b) Non-material Non-conformities in eBidsPage 31 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projecta. The bid evaluation committee may waive any non-conformities in the eBid that do notconstitute a material deviation, reservation or omission, the eBid shall be deemed to besubstantially responsive.b. The bid evaluation committee may request the bidder to submit the necessaryinformation or document within a reasonable period <strong>of</strong> time. Failure <strong>of</strong> the bidder tocomply with the request may result in the rejection <strong>of</strong> its eBid.c. The bid evaluation committee may rectify non-material nonconformities or omissions onthe basis <strong>of</strong> the information or documentation received from the bidder under (b)above.c) Technical Evaluation CriteriaBids shall be evaluated on the basis <strong>of</strong> documents submitted with technical bid.d) Tabulation <strong>of</strong> Technical eBidsa. If Technical eBids have been invited, they shall be tabulated by the bid evaluationcommittee in the form <strong>of</strong> a comparative statement to evaluate the qualification <strong>of</strong> thebidders against the criteria for qualification set out in the bidding document.b. The members <strong>of</strong> bid evaluation committee shall give their recommendations below thetable as to which <strong>of</strong> the bidders have been found to be qualified in evaluation <strong>of</strong>Technical eBids and sign it.e) The number <strong>of</strong> firms qualified in technical evaluation, if less than three for each district andit is considered necessary by the procuring entity to continue with the procurementprocess, reasons shall be recorded in writing and included in the record <strong>of</strong> the procurementproceedings.f) The bidders who qualified in the technical evaluation shall be informed in writing about thedate, time and place <strong>of</strong> opening <strong>of</strong> their financial eBids.14) Evaluation & Tabulation <strong>of</strong> Financial eBidsSubject to the provisions <strong>of</strong> “Comparison <strong>of</strong> bids and determination <strong>of</strong> the best value bid”,“Division <strong>of</strong> Quantities among more than One Bidder at the Time <strong>of</strong> Award” and “Acceptance <strong>of</strong>Successful eBid and Award <strong>of</strong> Contract” below, the procuring entity shall take following actionsfor evaluation <strong>of</strong> financial eBids:-a) The financial eBids <strong>of</strong> the bidders who qualified in technical evaluation shall be openedonline at the notified time, date and place by the bid evaluation committee in the presence<strong>of</strong> the bidders or their representatives who choose to be present.b) the process <strong>of</strong> opening <strong>of</strong> the financial eBids shall be similar to that <strong>of</strong> technical eBids.Page 32 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectc) the names <strong>of</strong> the bidders, the rates given by them and conditions put, if any, shall be readout and recorded;d) conditional eBids are liable to be rejected;e) the bid evaluation committee shall prepare a comparative statement separately for eachdistrict in tabular form in accordance with rules along with its report on evaluation <strong>of</strong>financial eBids and recommend the lowest <strong>of</strong>fer for acceptance to the procuring entity, ifprice is the only criterion, or most advantageous eBid in other case;f) The members <strong>of</strong> bids evaluation committee shall give their recommendations below thetable regarding lowest eBid or most advantageous eBid and sign it.g) it shall be ensured that the <strong>of</strong>fer recommended for sanction is justifiable looking to theprevailing market rates <strong>of</strong> the goods, works or service required to be procured.15) Comparison <strong>of</strong> bids and determination <strong>of</strong> the best value bida) The tendering authority shall compare responsive bids <strong>of</strong> all eligible bidders to determinethe best value bid for each district separately, in accordance with the evaluation criteriagiven in this BID DOCUMENT.b) There are two items in the financial bid for each District:a. Unit cost <strong>of</strong> Enrolment per successful Aadhaar number generated.b. Additional unit cost for Scanning <strong>of</strong> documents per successful Aadhaar numbergenerated as per scope <strong>of</strong> work chapter 4, clause 1, B.c) For evaluation <strong>of</strong> financial bid, the above two items shall be considered individually andseparately for each district.d) Initially, the unit cost <strong>of</strong> Enrolment per successful Aadhaar number generated quoted bythe bidders at serial number 1 <strong>of</strong> the financial bid format/BoQ only shall be considered. Thebidder with least quote <strong>of</strong> this item shall be the successful best value (L1) bidder.e) If more than one bidder quotes the same rate then lottery will be drawn to select thesuccessful bidder.f) The comparison shall include all costs and all taxes and duties applicable to the bidder asper law <strong>of</strong> the Central/ State <strong>Government</strong>/ Local Authorities except Service Tax.g) If and when scanning <strong>of</strong> the document is mandated by UIDAI, the successful bidder(s)shall be asked to match the L1 quote <strong>of</strong> the corresponding districts (calculated for allresponsive bidders) for the second item mentioned in the financial bid format/BoQ. Onmatching this rate, and subject to acceptance <strong>of</strong> this rate, with or without negotiation, thesuccessful bidder(s) will have to perform scanning <strong>of</strong> documents as mentioned in scope <strong>of</strong>work and will be paid accordingly. Otherwise, the tendering authority/purchaser shall befree to terminate the contract as per the „termination for convenience‟ clause.Page 33 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project16) Division <strong>of</strong> Quantities among more than One Bidder at the Time <strong>of</strong> Awarda) After determination <strong>of</strong> the best value bid, all the responsive and eligible bidders <strong>of</strong> thatdistrict shall be asked to match the best value (L1) bid.b) If one (01) or more such bidders match the best value (L1) bid, order will be placed bysplitting the total required quantity among the best value bidder and one bidder who matchthe best value (L1) bid. In case there are more than one bidder who matches the bestvalue (L1) bid, the bidders with lower original bid value will be given preference. The ratio<strong>of</strong> the splitting shall be 60:40 (as far as possible) among the two (02) selected bidders, withthe higher share to the original best value (L1) bidder and the remaining share to the otherselected bidders.c) In case no other eligible and responsive bidder matches the best value (L1) bid, the orderfor the total required quantity shall be placed to the best value (L1) bidder.17) Correction <strong>of</strong> Arithmetic Errors in Financial eBidsThe bid evaluation committee shall correct arithmetical errors in substantially responsiveeBids, on the following basis, namely: -a) if there is a discrepancy between the unit price and the total price that is obtained bymultiplying the unit price and quantity, the unit price shall prevail and the total price shallbe corrected, unless in the opinion <strong>of</strong> the bid evaluation committee there is an obviousmisplacement <strong>of</strong> the decimal point in the unit price, in which case the total price as quotedshall govern and the unit price shall be corrected;b) if there is an error in a total corresponding to the addition or subtraction <strong>of</strong> subtotals, thesubtotals shall prevail and the total shall be corrected; andc) if there is a discrepancy between words and figures, the amount in words shall prevail,unless the amount expressed in words is related to an arithmetic error, in which case theamount in figures shall prevail subject to clause (a) and (b) above.18) Negotiationsa) Except in case <strong>of</strong> procurement by method <strong>of</strong> single source procurement or procurement bycompetitive negotiations, to the extent possible, no negotiations shall be conducted afterthe pre-bid stage (if any). All clarifications needed to be sought shall be sought in the prebidstage itself.b) Negotiations may, however, be undertaken only with the lowest or most advantageousbidder <strong>of</strong> the district when the rates are considered to be much higher than the prevailingmarket rates.c) The bid evaluation committee shall have full powers to undertake negotiations. Detailedreasons and results <strong>of</strong> negotiations shall be recorded in the proceedings.Page 34 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectd) The lowest or most advantageous bidder shall be informed in writing either throughmessenger or by registered letter and e-mail (if available). A minimum time <strong>of</strong> seven daysshall be given for calling negotiations. In case <strong>of</strong> urgency the bid evaluation committee,after recording reasons, may reduce the time, provided the lowest or most advantageousbidder has received the intimation and consented to regarding holding <strong>of</strong> negotiations.e) Negotiations shall not make the original <strong>of</strong>fer made by the bidder inoperative. The bidevaluation committee shall have option to consider the original <strong>of</strong>fer in case the bidderdecides to increase rates originally quoted or imposes any new terms or conditions.f) In case <strong>of</strong> non-satisfactory achievement <strong>of</strong> rates from lowest or most advantageous bidder,the bid evaluation committee may choose to make a written counter <strong>of</strong>fer to the lowest ormost advantageous bidder and if this is not accepted by him, the committee may decide toreject and re-invite eBids or to make the same counter-<strong>of</strong>fer first to the second lowest ormost advantageous bidder, then to the third lowest or most advantageous bidder and so onin the order <strong>of</strong> their initial standing and work/ supply order be awarded to the bidder whoaccepts the counter-<strong>of</strong>fer. This procedure would be used in exceptional cases only.g) In case the rates even after the negotiations are considered very high, fresh eBids shall beinvited.19) Exclusion <strong>of</strong> eBids/ Disqualificationa) A procuring entity shall exclude/ disqualify a eBid, if: -a. the information submitted, concerning the qualifications <strong>of</strong> the bidder, was false orconstituted a misrepresentation; orb. the information submitted, concerning the qualifications <strong>of</strong> the bidder, was materiallyinaccurate or incomplete; andc. the bidder is not qualified as per pre-qualification/ eligibility criteria mentioned in thebidding document;d. the eBid materially departs from the requirements specified in the bidding document orit contains false information;e. the bidder, submitting the eBid, his agent or any one acting on his behalf, gave oragreed to give, to any <strong>of</strong>ficer or employee <strong>of</strong> the procuring entity or other governmentalauthority a gratification in any form, or any other thing <strong>of</strong> value, so as to undulyinfluence the procurement process;f. a bidder, in the opinion <strong>of</strong> the procuring entity, has a conflict <strong>of</strong> interest materiallyaffecting fair competition.b) A eBid shall be excluded/ disqualified as soon as the cause for its exclusion/disqualification is discovered.Page 35 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectc) Every decision <strong>of</strong> a procuring entity to exclude a eBid shall be for reasons to be recorded inwriting and shall be: -a. communicated to the concerned bidder in writing;b. published on the State Public Procurement Portal, if applicable.20) Lack <strong>of</strong> competitiona) A situation may arise where, if after evaluation <strong>of</strong> eBids, the bid evaluation committee mayend-up with one responsive eBid only. In such situation, the bid evaluation committeewould check as to whether while floating the NIB all necessary requirements to encouragecompetition like standard bid conditions, industry friendly specifications, wide publicity,sufficient time for formulation <strong>of</strong> eBids, etc. were fulfilled. If not, the NIB would be re-floatedafter rectifying deficiencies. The bid process shall be considered valid even if there is oneresponsive eBid, provided that: -a. the eBid is technically qualified;b. the price quoted by the bidder is assessed to be reasonable;c. the eBid is unconditional and complete in all respects;d. there are no obvious indicators <strong>of</strong> cartelization amongst bidders; ande. the bidder is qualified as per the provisions <strong>of</strong> pre-qualification/ eligibility criteria in thebidding documentb) The bid evaluation committee shall prepare a justification note for approval by the nexthigher authority <strong>of</strong> the procuring entity, with the concurrence <strong>of</strong> the accounts member.c) In case <strong>of</strong> dissent by any member <strong>of</strong> bid evaluation committee, the next higher authority indelegation <strong>of</strong> financial powers shall decide as to whether to sanction the single eBid or reinviteeBids after recording reasons.d) If a decision to re-invite the eBids is taken, market assessment shall be carried out forestimation <strong>of</strong> market depth, eligibility criteria and cost estimate.21) Acceptance <strong>of</strong> the successful eBid and award <strong>of</strong> contracta) The procuring entity after considering the recommendations <strong>of</strong> the bid evaluationcommittee and the conditions <strong>of</strong> eBid, if any, financial implications, trials, sample testingand test reports, etc., shall accept or reject the successful eBid. If any member <strong>of</strong> the bidevaluation committee, has disagreed or given its note <strong>of</strong> dissent, the matter shall bereferred to the next higher authority, as per delegation <strong>of</strong> financial powers, for decision.b) Decision on eBids shall be taken within original validity period <strong>of</strong> eBids and time periodallowed to procuring entity for taking decision. If the decision is not taken within the originalvalidity period or time limit allowed for taking decision, the matter shall be referred to thenext higher authority in delegation <strong>of</strong> financial powers for decision.Page 36 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectc) Before award <strong>of</strong> the district-wise contract, the procuring entity shall ensure that the price <strong>of</strong>successful eBid is reasonable and consistent with the required quality.d) A eBid shall be treated as successful only after the competent authority has approved theprocurement in terms <strong>of</strong> that eBid.e) The procuring entity shall award the contract to the bidder whose <strong>of</strong>fer has beendetermined to be the lowest or most advantageous for the district concerned in accordancewith the evaluation criteria set out in the bidding document and if the bidder has beendetermined to be qualified to perform the contract satisfactorily on the basis <strong>of</strong> qualificationcriteria fixed for the bidders in the bidding document for the subject matter <strong>of</strong> procurement.f) Prior to the expiration <strong>of</strong> the period <strong>of</strong> bid validity, the procuring entity shall inform thesuccessful bidder, in writing, that its eBid has been accepted.g) As soon as a eBid is accepted by the competent authority for a district, its written intimationshall be sent to the concerned bidder by registered post or email and asked to execute anagreement in the format given in the bidding documents on a non-judicial stamp <strong>of</strong>requisite value and deposit the amount <strong>of</strong> performance security or a performance securitydeclaration, if applicable, within a period specified in the bidding documents or where theperiod is not specified in the bidding documents then within fifteen days from the date onwhich the letter <strong>of</strong> acceptance or letter <strong>of</strong> intent is dispatched to the bidder.h) If the issuance <strong>of</strong> formal letter <strong>of</strong> acceptance is likely to take time, in the meanwhile a Letter<strong>of</strong> Intent (LOI) may be sent to the bidder. The acceptance <strong>of</strong> an <strong>of</strong>fer is complete as soonas the letter <strong>of</strong> acceptance or letter <strong>of</strong> intent is posted and/ or sent by email (if available) tothe address <strong>of</strong> the bidder given in the bidding document. Until a formal contract isexecuted, the letter <strong>of</strong> acceptance or LOI shall constitute a binding contract.i) The bid security <strong>of</strong> the bidders whose eBids could not be accepted shall be refunded soonafter the contract with the successful bidder is signed and its performance security isobtained for concerned district.22) Information and publication <strong>of</strong> awardInformation <strong>of</strong> award <strong>of</strong> contract shall be communicated to all participating bidders andpublished on the respective website(s) as specified in NIB.23) Procuring entity’s right to accept or reject any or all eBidsThe Procuring entity reserves the right to accept or reject any eBid, and to annul (cancel) thebidding process and reject all eBids at any time prior to award <strong>of</strong> contract, without therebyincurring any liability to the bidders.Page 37 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project24) Right to vary quantitya) At the time <strong>of</strong> award <strong>of</strong> contract, the quantity <strong>of</strong> goods, works or services originallyspecified in the bidding documents may be increased, but such increase shall not exceed20% <strong>of</strong> the quantity specified in the bidding documents. It shall be without any change inthe unit prices or other terms and conditions <strong>of</strong> the eBid and the bidding documents.b) If the procuring entity does not procure any subject matter <strong>of</strong> procurement or procures lessthan the quantity specified in the bidding documents due to change in circumstances,the bidder shall not be entitled for any claim or compensation.c) Repeat orders for extra items or additional quantities may be placed on the rates andconditions given in the contract (if the original order was given after inviting opencompetitive eBids). Delivery or completion period may also be proportionately increased.The limits <strong>of</strong> repeat order shall be as under: -a. 50% <strong>of</strong> the quantity <strong>of</strong> the individual items and 20% <strong>of</strong> the value <strong>of</strong> original contract incase <strong>of</strong> works; andb. 25% <strong>of</strong> the value <strong>of</strong> goods or services <strong>of</strong> the original contract.25) Performance Security Deposit (PSD)a) Prior to execution <strong>of</strong> agreement, Performance security shall be solicited from all successfulbidders except the departments <strong>of</strong> the State <strong>Government</strong> and undertakings, corporations,autonomous bodies, registered societies, co-operative societies which are owned orcontrolled or managed by the State <strong>Government</strong> and undertakings <strong>of</strong> the Central<strong>Government</strong>. However, a performance security declaration shall be taken from them. TheState <strong>Government</strong> may relax the provision <strong>of</strong> performance security in particularprocurement or any class <strong>of</strong> procurement.b) The amount <strong>of</strong> performance security shall be 5% <strong>of</strong> the contractual value (calculated bymultiplying 100% <strong>of</strong> awarded population with the successful L1 rate for the district) forwhich bid is accepted, on or before signing <strong>of</strong> contract. In case <strong>of</strong> Small Scale Industries(SSI) <strong>of</strong> <strong>Rajasthan</strong>, it shall be 1% <strong>of</strong> the amount <strong>of</strong> quantity ordered for supply <strong>of</strong> goodsand in case <strong>of</strong> sick industries, other than SSI, whose cases are pending before the Board<strong>of</strong> Industrial and Financial Reconstruction (BIFR), it shall be 2% <strong>of</strong> the amount <strong>of</strong> supplyorder.c) Performance security shall be furnished in any one <strong>of</strong> the following forms: -a. deposit though eGRAS;b. Bank Draft or Banker's Cheque <strong>of</strong> a scheduled bank;c. National Savings Certificates and any other script/ instrument underNational Savings Schemes for promotion <strong>of</strong> small savings issued by a Post Officein <strong>Rajasthan</strong>, if the same can be pledged under the relevant rules. They shall bePage 38 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectaccepted at their surrender value at the time <strong>of</strong> bid and formally transferred in thename <strong>of</strong> procuring entity with the approval <strong>of</strong> Head Post Master;d. Bank guarantee/s <strong>of</strong> a scheduled bank. It shall be got verified from the issuingbank. Other conditions regarding bank guarantee shall be same as mentioned inthe bidding document for bid security (EMD);e. Fixed Deposit Receipt (FDR) <strong>of</strong> a scheduled bank. It shall be in the name <strong>of</strong>procuring entity on account <strong>of</strong> bidder and discharged by the bidder in advance. Theprocuring entity shall ensure before accepting the FDR that the bidder furnishes anundertaking from the bank to make payment/ premature payment <strong>of</strong> the FDR ondemand to the procuring entity without requirement <strong>of</strong> consent <strong>of</strong> the bidderconcerned. In the event <strong>of</strong> forfeiture <strong>of</strong> the performance security, the Fixed Depositshall be forfeited along with interest earned on such Fixed Deposit.d) Performance security furnished in the form specified in clause [b.] to [e.] <strong>of</strong> (c) above shallremain valid for a period <strong>of</strong> 60 days beyond the date <strong>of</strong> completion <strong>of</strong> all contractualobligations <strong>of</strong> the bidder, including warranty obligations and maintenance and defectliability period.e) Forfeiture <strong>of</strong> Security Deposit: Security amount in full or part may be forfeited, includinginterest, if any, in the following cases:-a. When any terms and condition <strong>of</strong> the contract is breached.b. When the bidder fails to make complete supply satisfactorily.c. if the bidder breaches any provision <strong>of</strong> code <strong>of</strong> integrity, prescribed for bidders,specified in the bidding document.f) Notice will be given to the bidder with reasonable time before PSD deposited is forfeited.g) No interest shall be payable on the PSD.26) Execution <strong>of</strong> agreementa) A procurement contract shall come into force from the date on which the letter <strong>of</strong>acceptance or letter <strong>of</strong> intent is despatched to the bidder.b) The successful bidder shall sign the procurement contract within 15 days from the date onwhich the letter <strong>of</strong> acceptance or letter <strong>of</strong> intent is despatched to the successful bidder.c) If the bidder, whose eBid has been accepted, fails to sign a written procurement contract orfails to furnish the required performance security within specified period, the procuringentity shall take action against the successful bidder as per the provisions <strong>of</strong> the biddingdocument and Act. The procuring entity may, in such case, cancel the procurementprocess or if it deems fit, <strong>of</strong>fer for acceptance the rates <strong>of</strong> lowest or most advantageousbidder to the next lowest or most advantageous bidder, in accordance with the criteria andprocedures set out in the bidding document.Page 39 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectd) The bidder will be required to execute the agreement on a non-judicial stamp <strong>of</strong> specifiedvalue at its cost and to be purchase from anywhere in <strong>Rajasthan</strong> only.27) Confidentialitya) Notwithstanding anything contained in this bidding document but subject to the provisions<strong>of</strong> any other law for the time being in force providing for disclosure <strong>of</strong> information, aprocuring entity shall not disclose any information if such disclosure, in its opinion, is likelyto: -a. impede enforcement <strong>of</strong> any law;b. affect the security or strategic interests <strong>of</strong> India;c. affect the intellectual property rights or legitimate commercial interests <strong>of</strong> bidders;d. affect the legitimate commercial interests <strong>of</strong> the procuring entity in situations that mayinclude when the procurement relates to a project in which the procuring entity is tomake a competitive bid, or the intellectual property rights <strong>of</strong> the procuring entity.b) The procuring entity shall treat all communications with bidders related to the procurementprocess in such manner as to avoid their disclosure to competing bidders or to any otherperson not authorised to have access to such information.c) The procuring entity may impose on bidders and sub-contractors, if there are any forfulfilling the terms <strong>of</strong> the procurement contract, conditions aimed at protecting information,the disclosure <strong>of</strong> which violates (a) above.d) In addition to the restrictions specified above, the procuring entity, while procuring asubject matter <strong>of</strong> such nature which requires the procuring entity to maintain confidentiality,may impose condition for protecting confidentiality <strong>of</strong> such information.28) Cancellation <strong>of</strong> procurement processa) If any procurement process has been cancelled, it shall not be reopened but it shall notprevent the procuring entity from initiating a new procurement process for the same subjectmatter <strong>of</strong> procurement, if required.b) A procuring entity may, for reasons to be recorded in writing, cancel the process <strong>of</strong>procurement initiated by it -a. at any time prior to the acceptance <strong>of</strong> the successful eBid; orb. after the successful eBid is accepted in accordance with (d) and (e) below.c) The procuring entity shall not open any bids or proposals after taking a decision to cancelthe procurement and shall return such unopened bids or proposals.d) The decision <strong>of</strong> the procuring entity to cancel the procurement and reasons for suchdecision shall be immediately communicated to all bidders that participated in theprocurement process.Page 40 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projecte) If the bidder whose eBid has been accepted as successful fails to sign any writtenprocurement contract as required, or fails to provide any required security for theperformance <strong>of</strong> the contract, the procuring entity may cancel the procurement process.f) If a bidder is convicted <strong>of</strong> any <strong>of</strong>fence under the Act, the procuring entity may: -a. cancel the relevant procurement process if the eBid <strong>of</strong> the convicted bidder has beendeclared as successful but no procurement contract has been entered into;b. rescind (cancel) the relevant contract or forfeit the payment <strong>of</strong> all or a part <strong>of</strong> thecontract value if the procurement contract has been entered into between the procuringentity and the convicted bidder.29) Code <strong>of</strong> Integrity for Biddersa) No person participating in a procurement process shall act in contravention <strong>of</strong> the code <strong>of</strong>integrity prescribed by the State <strong>Government</strong>.b) The code <strong>of</strong> integrity include provisions for: -a. Prohibitingi. any <strong>of</strong>fer, solicitation or acceptance <strong>of</strong> any bribe, reward or gift or any materialbenefit, either directly or indirectly, in exchange for an unfair advantage in theprocurement process or to otherwise influence the procurement process;ii. any omission, including a misrepresentation that misleads or attempts to misleadso as to obtain a financial or other benefit or avoid an obligation;iii. any collusion, bid rigging or anti-competitive behaviour to impair the transparency,fairness and progress <strong>of</strong> the procurement process;iv. improper use <strong>of</strong> information shared between the procuring entity and the bidderswith an intent to gain unfair advantage in the procurement process or for personalgain;v. any financial or business transactions between the bidder and any <strong>of</strong>ficer oremployee <strong>of</strong> the procuring entity;vi. any coercion including impairing or harming or threatening to do the same, directlyor indirectly, to any party or to its property to influence the procurement process;vii. any obstruction <strong>of</strong> any investigation or audit <strong>of</strong> a procurement process;b. disclosure <strong>of</strong> conflict <strong>of</strong> interest;c. disclosure by the bidder <strong>of</strong> any previous transgressions with any entity in India or anyother country during the last three years or <strong>of</strong> any debarment by any other procuringentity.c) Without prejudice to the provisions below, in case <strong>of</strong> any breach <strong>of</strong> the code <strong>of</strong> integrity bya bidder or prospective bidder, as the case may be, the procuring entity may takeappropriate measures including: -Page 41 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projecta. exclusion <strong>of</strong> the bidder from the procurement process;b. calling-<strong>of</strong>f <strong>of</strong> pre-contract negotiations and forfeiture or encashment <strong>of</strong> bid security;c. forfeiture or encashment <strong>of</strong> any other security or bond relating to the procurement;d. recovery <strong>of</strong> payments made by the procuring entity along with interest thereon at bankrate;e. cancellation <strong>of</strong> the relevant contract and recovery <strong>of</strong> compensation for loss incurred bythe procuring entity;f. debarment <strong>of</strong> the bidder from participation in future procurements <strong>of</strong> the procuringentity for a period not exceeding three years under section 46.30) Interference with Procurement ProcessA bidder, who: -a) withdraws from the procurement process after opening <strong>of</strong> financial bids;b) withdraws from the procurement process after being declared the successful bidder;c) fails to enter into procurement contract after being declared the successful bidder;d) fails to provide performance security or any other document or security required in terms<strong>of</strong> the bidding documents after being declared the successful bidder, without validgrounds,shall, in addition to the recourse available in the bidding document or thecontract, be punished with fine which may extend to fifty lakh rupees or ten per cent <strong>of</strong>the assessed value <strong>of</strong> procurement, whichever is less.31) Appealsa) Subject to “Appeal not to lie in certain cases” below, if any bidder or prospective bidder isaggrieved that any decision, action or omission <strong>of</strong> the procuring entity is incontravention to the provisions <strong>of</strong> the Act or the rules or guidelines issued thereunder, hemay file an appeal to such <strong>of</strong>ficer <strong>of</strong> the procuring entity, as may be designated by it for thepurpose, within a period <strong>of</strong> 10 days from the date <strong>of</strong> such decision or action, omission, asthe case may be, clearly giving the specific ground or grounds on which he feelsaggrieved:a. Provided that after the declaration <strong>of</strong> a bidder as successful in terms <strong>of</strong> “Award <strong>of</strong>Contract”, the appeal may be filed only by a bidder who has participated inprocurement proceedings:b. Provided further that in case a procuring entity evaluates the technical eBid before theopening <strong>of</strong> the financial eBid, an appeal related to the matter <strong>of</strong> financial eBid may befiled only by a bidder whose technical eBid is found to be acceptable.Page 42 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectb) The <strong>of</strong>ficer to whom an appeal is filed under (a) above shall deal with the appeal asexpeditiously as possible and shall endeavour to dispose it <strong>of</strong> within 30 days from the date<strong>of</strong> filing <strong>of</strong> the appeal.c) If the <strong>of</strong>ficer designated under (a) above fails to dispose <strong>of</strong> the appeal filed under that subsectionwithin the period specified in (c) above, or if the bidder or prospective bidder or theprocuring entity is aggrieved by the order passed, the bidder or prospective bidder or theprocuring entity, as the case may be, may file a second appeal to an <strong>of</strong>ficer or authoritydesignated by the State <strong>Government</strong> in this behalf within 15 days from the expiry <strong>of</strong> theperiod specified in (c) above or <strong>of</strong> the date <strong>of</strong> receipt <strong>of</strong> the order passed under (b) above,as the case may be.d) The <strong>of</strong>ficer or authority to which an appeal is filed under (c) above shall deal with theappeal as expeditiously as possible and shall endeavour to dispose it <strong>of</strong> within 30 daysfrom the date <strong>of</strong> filing <strong>of</strong> the appeal:e) The <strong>of</strong>ficer or authority to which an appeal may be filed under (a) or (d) above shall be :First Appellate Authority: Principal Secretary or as determined by <strong>GoR</strong>Second Appellate Authority: Finance Department, <strong>GoR</strong>f) Form <strong>of</strong> Appeal:a. Every appeal under (a) and (c) above shall be as per Annexure-9 along with asmany copies as there are respondents in the appeal.b. Every appeal shall be accompanied by an order appealed against, if any, affidavitverifying the facts stated in the appeal and pro<strong>of</strong> <strong>of</strong> payment <strong>of</strong> fee.c. Every appeal may be presented to First Appellate Authority or Second AppellateAuthority, as the case may be, in person or through registered post or authorisedrepresentative.g) Fee for Appeal: Fee for filing appeal:a. Fee for first appeal shall be rupees two thousand five hundred and for secondappeal shall be rupees ten thousand, which shall be non-refundable.b. The fee shall be paid in the form <strong>of</strong> bank demand draft or banker‟s cheque <strong>of</strong> aScheduled Bank payable in the name <strong>of</strong> Appellate Authority concerned.h) Procedure for disposal <strong>of</strong> appeal:a. The First Appellate Authority or Second Appellate Authority, as the case may be,upon filing <strong>of</strong> appeal, shall issue notice accompanied by copy <strong>of</strong> appeal, affidavitand documents, if any, to the respondents and fix date <strong>of</strong> hearing.b. On the date fixed for hearing, the First Appellate Authority or Second AppellateAuthority, as the case may be, shall,-i. hear all the parties to appeal present before him; andPage 43 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectii. peruse or inspect documents, relevant records or copies there<strong>of</strong> relating tothe matter.c. After hearing the parties, perusal or inspection <strong>of</strong> documents and relevant recordsor copies there<strong>of</strong> relating to the matter, the Appellate Authority concerned shallpass an order in writing and provide the copy <strong>of</strong> order to the parties to appeal free<strong>of</strong> cost.d. The order passed under (c) shall also be placed on the State Public ProcurementPortal.i) No information which would impair the protection <strong>of</strong> essential security interests <strong>of</strong> India, orimpede the enforcement <strong>of</strong> law or fair competition, or prejudice the legitimate commercialinterests <strong>of</strong> the bidder or the procuring entity, shall be disclosed in a proceeding under anappeal.32) Stay <strong>of</strong> procurement proceedingsWhile hearing <strong>of</strong> an appeal, the <strong>of</strong>ficer or authority hearing the appeal may, on an applicationmade in this behalf and after affording a reasonable opportunity <strong>of</strong> hearing to the partiesconcerned, stay the procurement proceedings pending disposal <strong>of</strong> the appeal, if he, or it, issatisfied that failure to do so is likely to lead to miscarriage <strong>of</strong> justice.33) Vexatious Appeals & ComplaintsWhoever intentionally files any vexatious, frivolous or malicious appeal or complaint under the“The <strong>Rajasthan</strong> Transparency Public Procurement Act 2012”, with the intention <strong>of</strong> delaying ordefeating any procurement or causing loss to any procuring entity or any other bidder, shall bepunished with fine which may extend to twenty lakh rupees or five per cent <strong>of</strong> the value <strong>of</strong>procurement, whichever is less.34) Offenses by Firms/ Companiesa) Where an <strong>of</strong>fence under “The <strong>Rajasthan</strong> Transparency Public Procurement Act 2012” hasbeen committed by a company, every person who at the time the <strong>of</strong>fence was committedwas in charge <strong>of</strong> and was responsible to the company for the conduct <strong>of</strong> the business <strong>of</strong>the company, as well as the company, shall be deemed to be guilty <strong>of</strong> having committedthe <strong>of</strong>fence and shall be liable to be proceeded against and punished accordingly:b) Provided that nothing contained in this sub-section shall render any such person liable forany punishment if he proves that the <strong>of</strong>fence was committed without his knowledge or thathe had exercised all due diligence to prevent the commission <strong>of</strong> such <strong>of</strong>fence.c) Notwithstanding anything contained in (a) above, where an <strong>of</strong>fence under this Act hasbeen committed by a company and it is proved that the <strong>of</strong>fence has been committed withPage 44 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectthe consent or connivance <strong>of</strong> or is attributable to any neglect on the part <strong>of</strong> any director,manager, secretary or other <strong>of</strong>ficer <strong>of</strong> the company, such director, manager, secretary orother <strong>of</strong>ficer shall also be deemed to be guilty <strong>of</strong> having committed such <strong>of</strong>fence and shallbe liable to be proceeded against and punished accordingly.d) For the purpose <strong>of</strong> this sectiona."company" means a body corporate and includes a limited liability partnership,firm, registered society or co-operative society, trust or other association <strong>of</strong>individuals; andb. "director" in relation to a limited liability partnership or firm, means a partner in thefirm.e) Abetment <strong>of</strong> certain <strong>of</strong>fenses: Whoever abets an <strong>of</strong>fence punishable under this Act,whether or not that <strong>of</strong>fence is committed in consequence <strong>of</strong> that abetment, shall bepunished with the punishment provided for the <strong>of</strong>fence.35) Debarment from Biddinga) A bidder shall be debarred by the State <strong>Government</strong> if he has been convicted <strong>of</strong> an<strong>of</strong>fencea. under the Prevention <strong>of</strong> Corruption Act, 1988 (Central Act No. 49 <strong>of</strong> 1988); orb. under the Indian Penal Code, 1860 (Central Act No. 45 <strong>of</strong> 1860) or any other lawfor the time being in force, for causing any loss <strong>of</strong> life or property or causing athreat to public health as part <strong>of</strong> execution <strong>of</strong> a public procurement contract.b) A bidder debarred under (a) above shall not be eligible to participate in a procurementprocess <strong>of</strong> any procuring entity for a period not exceeding three years commencing fromthe date on which he was debarred.c) If a procuring entity finds that a bidder has breached the code <strong>of</strong> integrity prescribed interms <strong>of</strong> “Code <strong>of</strong> Integrity for bidders” above, it may debar the bidder for a period notexceeding three years.d) Where the entire bid security or the entire performance security or any substitute there<strong>of</strong>,as the case may be, <strong>of</strong> a bidder has been forfeited by a procuring entity in respect <strong>of</strong> anyprocurement process or procurement contract, the bidder may be debarred fromparticipating in any procurement process undertaken by the procuring entity for a periodnot exceeding three years.e) The State <strong>Government</strong> or a procuring entity, as the case may be, shall not debar a bidderunder this section unless such bidder has been given a reasonable opportunity <strong>of</strong> beingheard.Page 45 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project36) Monitoring <strong>of</strong> Contracta) An <strong>of</strong>ficer or a committee <strong>of</strong> <strong>of</strong>ficers named Contract Monitoring Committee (CMC) maybe nominated by procuring entity to monitor the progress <strong>of</strong> the contract during itsdelivery period.b) During the delivery period the CMC shall keep a watch on the progress <strong>of</strong> the contractand shall ensure that quantity <strong>of</strong> goods and service delivery is in proportion to the totaldelivery period given, if it is a severable contract, in which the delivery <strong>of</strong> the goods andservice is to be obtained continuously or is batched. If the entire quantity <strong>of</strong> goods andservice is to be delivered in the form <strong>of</strong> completed work or entire contract like fabricationwork, the process <strong>of</strong> completion <strong>of</strong> work may be watched and inspections <strong>of</strong> the selectedbidder‟s premises where the work is being completed may be inspected.c) If delay in delivery <strong>of</strong> goods and service is observed a performance notice would begiven to the selected bidder to speed up the delivery.d) Any change in the constitution <strong>of</strong> the firm, etc. shall be notified forth with by thecontractor in writing to the procuring entity and such change shall not relieve any formermember <strong>of</strong> the firm, etc., from any liability under the contract.e) No new partner/ partners shall be accepted in the firm by the selected bidder in respect<strong>of</strong> the contract unless he/ they agree to abide by all its terms, conditions and depositswith the procuring entity through a written agreement to this effect. The bidder‟s receiptfor acknowledgement or that <strong>of</strong> any partners subsequently accepted as above shall bindall <strong>of</strong> them and will be sufficient discharge for any <strong>of</strong> the purpose <strong>of</strong> the contract.f) The selected bidder shall not assign or sub-let his contract or any substantial part there<strong>of</strong>to any other agency without the permission <strong>of</strong> procuring entity.Page 46 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project6. GENERALTERMS AND CONDITIONS OF TENDER & CONTRACTBidders should read these conditions carefully and comply strictly while sending their bids.DefinitionsFor the purpose <strong>of</strong> clarity, the following words and expressions shall have the meanings herebyassigned to them: -a) “Contract” means the Agreement entered into between the Purchaser and the successful/selected bidder, together with the Contract Documents referred to therein, including allattachments, appendices, and all documents incorporated by reference therein.b) “Contract Documents” means the documents listed in the Agreement, including anyamendments thereto.c) “Contract Price” means the price payable to the successful/ selected bidder as specified in theAgreement, subject to such additions and adjustments thereto or deductions there from, asmay be made pursuant to the Contract.d) “Day” means a calendar day.e) “Delivery” means the transfer <strong>of</strong> the Goods from the successful/ selected bidder to thePurchaser in accordance with the terms and conditions set forth in the Contract.f) “Completion” means the fulfilment <strong>of</strong> the related services by the successful/ selected bidder inaccordance with the terms and conditions set forth in the Contract.g) “Goods” means all <strong>of</strong> the commodities, raw material, machinery and equipment, and/or othermaterials that the successful/ selected bidder is required to supply to the Purchaser under theContract.h) “Purchaser” means the entity purchasing the Goods and related services, as specified in thebidding document.i) “Related Services” means the services incidental to the supply <strong>of</strong> the goods, such asinsurance, installation, training and initial maintenance and other similar obligations <strong>of</strong> thesuccessful/ selected bidder under the Contract.j) “Subcontractor” means any natural person, private or government entity, or a combination <strong>of</strong>the above, including its legal successors or permitted assigns, to whom any part <strong>of</strong> the Goodsto be supplied or execution <strong>of</strong> any part <strong>of</strong> the related services is subcontracted by thesuccessful/ selected bidder.k) “Supplier/ Successful or Selected bidder” means the person, private or government entity, or acombination <strong>of</strong> the above, whose eBid to perform the Contract has been accepted by thePurchaser and is named as such in the Agreement, and includes the legal successors orpermitted assigns <strong>of</strong> the successful/ selected bidder.l) “The Site,” where applicable, means the designated project place(s) named in the biddingdocument.Page 47 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectNote: The bidder shall be deemed to have carefully examined the conditions, specifications, size,make and drawings, etc., <strong>of</strong> the goods to be supplied and related services to be rendered. If thebidder has any doubts as to the meaning <strong>of</strong> any portion <strong>of</strong> these conditions or <strong>of</strong> the specification,drawing, etc., he shall, before submitting the eBid and signing the contract refer the same to theprocuring entity and get clarifications.1) Contract DocumentsSubject to the order <strong>of</strong> precedence set forth in the Agreement, all documents forming theContract (and all parts there<strong>of</strong>) are intended to be correlative, complementary, and mutuallyexplanatory.2) Interpretationa) If the context so requires it, singular means plural and vice versa.b) Entire Agreement: The Contract constitutes the entire agreement between the Purchaserand the Supplier/ Selected Bidder and supersedes all communications, negotiations andagreements (whether written or oral) <strong>of</strong> parties with respect thereto made prior to thedate <strong>of</strong> Contract.c) Amendment: No amendment or other variation <strong>of</strong> the Contract shall be valid unless it is inwriting, is dated, expressly refers to the Contract, and is signed by a duly authorizedrepresentative <strong>of</strong> each party thereto.d) Non-waiver: Subject to the condition (f) below, no relaxation, forbearance, delay, orindulgence by either party in enforcing any <strong>of</strong> the terms and conditions <strong>of</strong> the Contract orthe granting <strong>of</strong> time by either party to the other shall prejudice, affect, or restrict the rights<strong>of</strong> that party under the Contract, neither shall any waiver by either party <strong>of</strong> any breach <strong>of</strong>Contract operate as waiver <strong>of</strong> any subsequent or continuing breach <strong>of</strong> Contract.e) Any waiver <strong>of</strong> a party‟s rights, powers, or remedies under the Contract must be in writing,dated, and signed by an authorized representative <strong>of</strong> the party granting such waiver, andmust specify the right and the extent to which it is being waived.f) Severability: If any provision or condition <strong>of</strong> the Contract is prohibited or rendered invalidor unenforceable, such prohibition, invalidity or unenforceability shall not affect thevalidity or enforceability <strong>of</strong> any other provisions and conditions <strong>of</strong> the Contract.3) Languagea) The Contract as well as all correspondence and documents relating to the Contractexchanged by the successful/ selected bidder and the Purchaser, shall be written inEnglish language only. Supporting documents and printed literature that are part <strong>of</strong> theContract may be in another language provided they are accompanied by an accuratePage 48 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projecttranslation <strong>of</strong> the relevant passages in the language specified in the special conditions <strong>of</strong>the contract, in which case, for purposes <strong>of</strong> interpretation <strong>of</strong> the Contract, this translationshall govern.b) The successful/ selected bidder shall bear all costs <strong>of</strong> translation to the governinglanguage and all risks <strong>of</strong> the accuracy <strong>of</strong> such translation.4) Joint Venture, Consortium or Associationa) Unless otherwise specified in the special conditions <strong>of</strong> the contract, if the Supplier/ Bidderis a joint venture, consortium, or association, all <strong>of</strong> the parties shall be jointly andseverally liable to the Purchaser for the fulfilment <strong>of</strong> the provisions <strong>of</strong> the contract.5) Service <strong>of</strong> Notice, Documents & Ordersa) A notice, document or order shall be deemed to be served on any individual by -a. delivering it to the person personally; orb. leaving it at, or sending it by post to, the address <strong>of</strong> the place <strong>of</strong> residenceor business <strong>of</strong> the person last known;c. on a body corporate by leaving it at, or sending it by post to, the registered <strong>of</strong>fice <strong>of</strong>the body corporate.b) When the procedure laid down in (a) above is followed, service shall be deemed to beeffected by properly addressing, preparing and posting the document, notice or order, asthe case may be.6) Scope <strong>of</strong> Supplya) Subject to the provisions in the bidding document and contract, the services to besupplied shall be as specified in the bidding document.b) Unless otherwise stipulated in the Contract, the scope <strong>of</strong> supply shall include all suchitems not specifically mentioned in the Contract but that can be reasonably inferred fromthe Contract as being required for attaining delivery and completion <strong>of</strong> related services asif such items were expressly mentioned in the Contract.7) Supplier’s/ Selected Bidder’s ResponsibilitiesThe Supplier/ Selected Bidder shall supply all services included in the scope <strong>of</strong> supply inaccordance with the provisions <strong>of</strong> bidding document and/ or contract.8) Purchaser’s Responsibilitiesa) Whenever the supply <strong>of</strong> services requires that the Supplier/ Selected Bidder obtainpermits, approvals, and import and other licenses from local public authorities, thePurchaser shall, if so required by the Supplier/ Selected Bidder, make its best effort toPage 49 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectassist the Supplier/ Selected Bidder in complying with such requirements in a timely andexpeditious manner.b) The Purchaser shall pay all costs involved in the performance <strong>of</strong> its responsibilities, inaccordance with the general and special conditions <strong>of</strong> the contract.9) Contract Pricea) The Contract Price shall be paid as specified in the contract subject to any additions andadjustments thereto, or deductions there from, as may be made pursuant to the Contract.b) Prices charged by the Supplier/ Selected Bidder for the services performed under theContract shall not vary from the prices quoted by the Supplier/ Selected Bidder in its bid,with the exception <strong>of</strong> any price adjustments authorized in the special conditions <strong>of</strong> thecontract.10) Recoveries from Supplier/ Selected Biddera) Recoveries <strong>of</strong> liquidated damages, short supply, breakage, rejected articles shallordinary be made from bills.b) Amount may also be withheld to the extent <strong>of</strong> short supply, breakages, and rejectedarticles and in case <strong>of</strong> failure in satisfactory replacement by the supplier along withamount <strong>of</strong> liquidated damages shall be recovered from his dues and security depositavailable with the department.c) In case, recovery is not possible recourse will be taken under <strong>Rajasthan</strong> PDR Act or anyother law in force.11) Taxes & Dutiesa) The income tax and other taxes etc (if applicable) except service tax shall be deducted atsource from the payment to the Supplier/ Selected Bidder as per the law in force at thetime <strong>of</strong> execution <strong>of</strong> contract.b) The entry tax, if applicable shall be deducted at source and deposited in the governmenttreasury in proper revenue receipt head <strong>of</strong> account.c) Bid price is exclusive <strong>of</strong> service tax, hence Service tax shall be paid to the bidder inaddition to bid price. Bidder shall be responsible for depositing Service tax to<strong>Government</strong>.d) Service tax will be paid as per applicable rates at that time.e) However revision <strong>of</strong> any other tax or duty shall be on account <strong>of</strong> the bidder.f) Revision in service tax shall be on account <strong>of</strong> the procuring entity if it has been asked forseparately in the financial bid and is not taken into account for the purpose <strong>of</strong> comparison<strong>of</strong> bids. If, however, they have not been asked for separately, any benefit or additionalPage 50 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectcost will be on account <strong>of</strong> the bidder. Revision <strong>of</strong> any other tax or duty shall be onaccount <strong>of</strong> the bidder.g) If any tax exemptions, reductions, allowances or privileges may be available to thesuccessful/ selected bidder in India, the Purchaser shall use its best efforts to enable thesuccessful/ selected bidder to benefit from any such tax savings to the maximumallowable extent.12) Confidential Informationa) The Purchaser and the Supplier/ Selected Bidder shall keep confidential and shall not,without the written consent <strong>of</strong> the other party hereto, divulge to any third party anydrawings, documents, data, or other information furnished directly or indirectly by theother party hereto in connection with the Contract, whether such information has beenfurnished prior to, during or following completion or termination <strong>of</strong> the Contract.b) The Purchaser shall not use such documents, data, and other information received fromthe Supplier/ Selected Bidder for any purposes unrelated to the Contract. Similarly, theSupplier/ Selected Bidder shall not use such documents, data, and other informationreceived from the Purchaser for any purpose other than the design, procurement, orother work and services required for the performance <strong>of</strong> the Contract.c) The obligation <strong>of</strong> a party under sub-clauses above, however, shall not apply toinformation that: -i. the Purchaser or Supplier/ Selected Bidder need to share with other institutionsparticipating in the Contract;ii. now or hereafter enters the public domain through no fault <strong>of</strong> that party;iii. can be proven to have been possessed by that party at the time <strong>of</strong> disclosure andwhich was not previously obtained, directly or indirectly, from the other party; oriv. otherwise lawfully becomes available to that party from a third party that has noobligation <strong>of</strong> confidentiality.d) The above provisions shall not in any way modify any undertaking <strong>of</strong> confidentiality givenby either <strong>of</strong> the parties hereto prior to the date <strong>of</strong> the Contract in respect <strong>of</strong> the supply orany part there<strong>of</strong>.e) The provisions <strong>of</strong> this clause shall survive completion or termination, for whateverreason, <strong>of</strong> the Contract.Page 51 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project13) Delivery period & Extent <strong>of</strong> Quantity – Repeat Ordersa) The time specified for delivery shall be deemed to be the essence <strong>of</strong> the contract and thesuccessful bidder shall arrange supplies within the period on receipt <strong>of</strong> the firm orderfrom the Purchase Officer.b) The selected bidder shall arrange supplies within the stipulated time period.c) If the orders are placed in excess <strong>of</strong> the quantities, the bidder shall be bound to meet therequired supply. Repeat orders may also be placed on the rate and conditions given inthe bidding document. If the bidder fails to do so, the Purchase Officer shall be fee toarrange for the balance supply by limited tender or otherwise and the extra cost incurredshall be recoverable from the bidder.14) Liquidated Damages (LD)a) The Purchaser may without prejudice to all its other remedies under the Contract shalldeduct from the Contract Price, a sum equivalent to Rs. 100 per ES per calendar daydelay until actual delivery <strong>of</strong> performance as liquidated damages, subject to a maximum<strong>of</strong> 10% <strong>of</strong> the total ordered value.b) Fraction <strong>of</strong> a day in reckoning period <strong>of</strong> delay in supplies shall be eliminated if it is lessthan half a day.c) If the supplier requires an extension <strong>of</strong> time in completion <strong>of</strong> contractual supply onaccount <strong>of</strong> occurrence <strong>of</strong> any hindrance, he shall apply in writing to the authority, whichhas placed the supply order, for the same immediately on occurrence <strong>of</strong> the hindrancebut not after the stipulated date <strong>of</strong> completion <strong>of</strong> supply.d) Delivery period may be extended with or without liquidated damages if the delay in thesupply <strong>of</strong> goods is on account <strong>of</strong> hindrances beyond the control <strong>of</strong> the bidder.15) Bidders must make their own arrangements to obtain import licence, if necessary. If a bidderimposes conditions which are in addition to or in conflict with the conditions mentionedherein, his bid is liable to summary rejection. In any case none <strong>of</strong> such conditions will bedeemed to have been accepted unless specifically mentioned in the letter <strong>of</strong> acceptance <strong>of</strong>bid issued by the Purchase Officer.16) Settlement <strong>of</strong> Disputes: If any dispute arise out <strong>of</strong> the contract with regard to theinterpretation, meaning and breach <strong>of</strong> the terms <strong>of</strong> the contract, the matter shall be referredto by the Parties to the Head <strong>of</strong> the Department who will appoint his senior most deputy asthe Sole Arbitrator <strong>of</strong> the dispute who will not be related to this contract and whose decisionshall be final.17) All legal proceedings, if necessary arise to institute may by any <strong>of</strong> the parties (<strong>Government</strong> <strong>of</strong>Contractor) shall have to be lodged in courts situated in <strong>Rajasthan</strong> and not elsewhere.Page 52 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project18) Limitation <strong>of</strong> LiabilityExcept in cases <strong>of</strong> gross negligence or wilful misconduct: -a) neither party shall be liable to the other party for any indirect or consequential loss ordamage, loss <strong>of</strong> use, loss <strong>of</strong> production, or loss <strong>of</strong> pr<strong>of</strong>its or interest costs, provided thatthis exclusion shall not apply to any obligation <strong>of</strong> the supplier/ selected bidder to payliquidated damages to the Purchaser; andb) the aggregate liability <strong>of</strong> the supplier/ selected bidder to the Purchaser, whether underthe Contract, in tort, or otherwise, shall not exceed the amount specified in the Contract,provided that this limitation shall not apply to the cost <strong>of</strong> repairing or replacing defectiveequipment, or to any obligation <strong>of</strong> the supplier/ selected bidder to indemnify thePurchaser with respect to patent infringement.19) Change in Laws & Regulationsa) Unless otherwise specified in the Contract, if after the date <strong>of</strong> the Invitation for Bids, anylaw, regulation, ordinance, order or bylaw having the force <strong>of</strong> law is enacted,promulgated, abrogated, or changed in <strong>Rajasthan</strong>/ India, where the Site is located (whichshall be deemed to include any change in interpretation or application by the competentauthorities) that subsequently affects the Delivery Date and/ or the Contract Price, thensuch Delivery Date and/ or Contract Price shall be correspondingly increased ordecreased, to the extent that the Supplier has thereby been affected in the performance<strong>of</strong> any <strong>of</strong> its obligations under the Contract. Notwithstanding the foregoing, suchadditional or reduced cost shall not be separately paid or credited, if the same hasalready been accounted for in the price adjustment provisions where applicable.b) If any dispute arise out <strong>of</strong> the contract with regard to the interpretation, meaning andbreach <strong>of</strong> the terms <strong>of</strong> the contract, the matter shall be referred to by the Parties to theHead <strong>of</strong> the Department who will appoint his senior most deputy as the Sole Arbitrator <strong>of</strong>the dispute who will not be related to this contract and whose decision shall be final.c) All legal proceedings, if necessary arise to institute may by any <strong>of</strong> the parties(<strong>Government</strong> <strong>of</strong> Contractor) shall have to be lodged in courts situated in <strong>Rajasthan</strong> andnot elsewhere.20) Force Majeurea) The supplier/ selected bidder shall not be liable for forfeiture <strong>of</strong> its PSD, LD, ortermination for default if and to the extent that its delay in performance or other failure toperform its obligations under the Contract is the result <strong>of</strong> an event <strong>of</strong> Force Majeure.Page 53 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectb) For purposes <strong>of</strong> this Clause, “Force Majeure” means an event or situation beyond thecontrol <strong>of</strong> the supplier/ selected bidder that is not foreseeable, is unavoidable, and itsorigin is not due to negligence or lack <strong>of</strong> care on the part <strong>of</strong> the supplier/ selected bidder.Such events may include, but not be limited to, acts <strong>of</strong> the Purchaser in its sovereigncapacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freightembargoes.c) If a Force Majeure situation arises, the supplier/ selected bidder shall promptly notify thePurchaser in writing <strong>of</strong> such conditions and cause there<strong>of</strong> within 15 days <strong>of</strong> occurrence <strong>of</strong>such event. Unless otherwise directed by Purchaser, the supplier/ selected bidder shallcontinue to perform its obligations under the contract as far as reasonably practical.d) If the performance in whole or part or any obligation under the contract is prevented ordelayed by any reason <strong>of</strong> Force Majeure for a period exceeding 60 days, either party atits option may terminate the contract without any financial repercussion on either side.e) In case a Force Majeure situation occurs with the Purchaser, the purchaser may take thecase with the supplier/ selected bidder on similar lines.21) Change Orders and Contract Amendmentsa) The Purchaser may at any time order the supplier/ selected bidder through Notice inaccordance with clause “Notices” above, to make changes within the general scope <strong>of</strong>the Contract in any one or more <strong>of</strong> the following: -i. number <strong>of</strong> machines to be deployed by bidder;ii. the method <strong>of</strong> enrolment;iii. the place <strong>of</strong> delivery <strong>of</strong> services; andiv. the related services to be provided by the supplier/ selected bidder.b) If any such change causes an increase or decrease in the cost <strong>of</strong>, or the time required for,the supplier‟s/ selected bidder‟s performance <strong>of</strong> any provisions under the Contract, anequitable adjustment shall be made in the Contract Price or in the Delivery and CompletionSchedule, or both, and the Contract shall accordingly should be amended. Any claims bythe supplier/ selected bidder for adjustment under this clause must be asserted within thirty(30) days from the date <strong>of</strong> the supplier‟s/ selected bidder‟s receipt <strong>of</strong> the Purchaser‟schange order.c) Prices to be charged by the supplier/ selected bidder for any related services that might beneeded but which were not included in the Contract shall be agreed upon in advance bythe parties and shall not exceed the prevailing rates charged to other parties by thesupplier/ selected bidder for similar services.Page 54 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project22) Terminationa) Termination for Defaulti. The procuring entity may, without prejudice to any other remedy for breach <strong>of</strong>contract, by written a written notice <strong>of</strong> default <strong>of</strong> at least 21 days sent to the supplier/selected bidder, terminate the contract in whole or in part: -a. If the supplier/ selected bidder fails to deliver any or all quantities <strong>of</strong> the servicewithin the time period specified in the contract, or any extension there<strong>of</strong> grantedby purchaser; orb. If the supplier/ selected bidder fails to perform any other obligation under thecontract within the specified period <strong>of</strong> delivery <strong>of</strong> service or any extension grantedthere<strong>of</strong>; orc. If the supplier/ selected bidder, in the judgement <strong>of</strong> the Purchaser, is found to beengaged in corrupt, fraudulent, collusive, or coercive practices in competing for orin executing the contract.d. If the supplier/ selected bidder commits breach <strong>of</strong> any condition <strong>of</strong> the contract.ii. If even after 21 days, the performance doesn‟t improve as notified under earliernotice then purchaser may –a. terminate the contract in whole and forfeit the PSD; orb. Reduce the scope <strong>of</strong> the work by reducing the target population and requiredminimum number <strong>of</strong> enrolment stations (the PSD shall not be forfeited in such acase; however, LD shall be payable).iii. Before cancelling a contract and taking further action, advice <strong>of</strong> senior most financeperson available in the <strong>of</strong>fice and <strong>of</strong> legal adviser or legal assistant posted in the<strong>of</strong>fice, if there is one, may be obtained.b) Termination for InsolvencyThe purchaser may at any time terminate the Contract by giving a written notice <strong>of</strong> atleast 30 days to the supplier/ selected bidder, if the supplier/ selected bidder becomesbankrupt or otherwise insolvent. In such event, termination will be without compensationto the supplier/ selected bidder, provided that such termination will not prejudice or affectany right <strong>of</strong> action or remedy that has accrued or will accrue thereafter to purchaser.c) Termination for Conveniencei. The purchaser, by a written notice <strong>of</strong> at least 30 days sent to the supplier/ selectedbidder may terminate the Contract, in whole or in part, at any time for itsconvenience. The Notice <strong>of</strong> termination shall specify that termination is for thePurchaser‟s convenience, the extent to which performance <strong>of</strong> the supplier/ selectedPage 55 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectbidder under the Contract is terminated, and the date upon which such terminationbecomes effective.ii. Depending on merits <strong>of</strong> the case the supplier/ selected bidder may be appropriatelycompensated on mutually agreed terms for the loss incurred by the contract if anydue to such termination.iii. If and when scanning <strong>of</strong> the document is mandated by UIDAI and a successful bidderdoes not accept the rate for scanning <strong>of</strong> documents, the purchaser may terminate thecontract for convenience, provided the rate for scanning <strong>of</strong> document was notoriginally <strong>of</strong>fered by the successful bidder.iv. The goods/services that are complete within notice period <strong>of</strong> termination shall beaccepted by the Purchaser at the Contract terms and prices. For the remaininggoods/services, the Purchaser may elect:a. To have any portion completed and delivered at the Contract terms and prices;and/orb. To cancel the remainder and pay to the supplier/ selected bidder an agreedamount for partially completed Goods and Related Services and for materials andparts previously procured by the supplier/ selected bidder.v. It is clarified that in the case <strong>of</strong> termination for convenience, the PSD shall bereturned, subject to deduction <strong>of</strong> any due payments, penalties, LD etc.Page 56 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project7. SPECIAL TERMS AND CONDITIONS OF TENDER & CONTRACT1) Payment Terms and Schedulea) Payments shall be made to the Enrolment Agency by the District Registrar/State Registrar onmonthly basis based on number <strong>of</strong> successful generation <strong>of</strong> aadhaar at agreed rates, as maybe applicable (i.e. agreed unit rate including or excluding the agreed unit rate for scanning <strong>of</strong>documents).b) The supplier‟s/ selected bidder‟s request for payment shall be made to the purchaser inwriting, accompanied by invoices describing, as appropriate, the goods delivered and relatedservices performed, and by the required documents submitted pursuant to general conditions<strong>of</strong> the contract and upon fulfilment <strong>of</strong> all the obligations stipulated in the Contract.c) Due payments shall be made promptly by the purchaser, generally within sixty (60) days aftersubmission <strong>of</strong> an invoice or request for payment by the supplier/ selected bidder, and thepurchaser has accepted it.d) Payments are subject to release <strong>of</strong> funds by UIDAI.e) The currency or currencies in which payments shall be made to the supplier/ selected bidderunder this Contract shall be Indian Rupees (INR) only.f) All remittance charges will be borne by the supplier/ selected bidder.g) In case <strong>of</strong> disputed items, the disputed amount shall be withheld and will be paid only aftersettlement <strong>of</strong> the dispute.h) Any penalties/ liquidated damages, as applicable, for delay and non-performance, asmentioned in this bidding document, will be deducted from the payments for the respectivemilestones.i) Taxes, as applicable, will be deducted at source, from due payments, as per the prevalentrules and regulations.2) Special Conditions <strong>of</strong> the bida) In case <strong>of</strong> default by any <strong>of</strong> the selected bidder for any reason, the remaining work to beperformed by that bidder may be given to remaining selected bidder, subject to theiracceptance.b) Selected bidder is expected to deploy the following minimum number <strong>of</strong> enrolment stations(which include Permanent ES, Stationary ES and Mobile ES) -Minimum No. <strong>of</strong> Machines to be deployed[timeline starts after date <strong>of</strong> issue <strong>of</strong> work order]Time In 1 month In 1.5 month In 2 monthNo. <strong>of</strong> Machines 25% 50% 100%Page 57 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projecta. The minimum number <strong>of</strong> machines shall be calculated as per following formula –Minimum No. <strong>of</strong> Machines to be deployed = 80% <strong>of</strong> unenrolled population <strong>of</strong>allocated area / (25 x 6 x 50)Assumptions: No <strong>of</strong> working days in a months – 25 No <strong>of</strong> Months – 6 Estimated No <strong>of</strong> enrolments per machines in a day - 503) Service Level Requirements and penaltiesUIDAI imposes the following penalties and these will be applicable on selected EAs.a. Rs 150 for each demographic errorb. Errors such as bio-metric mix-up, process violation such as capturing wrong person‟sphotograph or capturing multiple resident‟s photographs or bio-metrics in the sameenrolment packet, capturing photo from a photo, recording residents as bio-metricexceptions when all their bio-metric modalities are available and can be captured etc.would invite a penalty <strong>of</strong> Rs 500 for every such error. Besides this, criminal caseagainst the concerned enrolment operator/supervisor may be filed in case attempt t<strong>of</strong>raud can be established.Page 58 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectANNEXURE-1: BIDDER’S AUTHORIZATION CERTIFICATE {to be filled by the bidder}To,{Procuring entity},______________________________,______________________________,I/ We {Name/ Designation} hereby declare/ certify that {Name/ Designation} is hereby authorizedto sign relevant documents on behalf <strong>of</strong> the company/ firm in dealing with NIB reference No.______________________ dated _________. He/ She is also authorized to attend meetings &submit technical & commercial information/ clarifications as may be required by you in the course<strong>of</strong> processing the Bid. For the purpose <strong>of</strong> validation, his/ her verified signatures are as under.Thanking you,Name <strong>of</strong> the Bidder: -Authorised Signatory: -Seal <strong>of</strong> the Organization: -Date:Place:Verified Signature:Page 59 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectANNEXURE-2: SELF-DECLARATION {to be filled by the bidder}To,{Procuring entity},______________________________,In response to the NIB Ref. No. _____________________________ dated ___________ for{Project Title}, as an Owner/ Partner/ Director/ Auth. Sign. <strong>of</strong>____________________________________, I/ We hereby declare that presently our Company/firm _________________, at the time <strong>of</strong> bidding,: -a) possess the necessary pr<strong>of</strong>essional, technical, financial and managerial resources andcompetence required by the Bidding Document issued by the Procuring Entity;b) have fulfilled my/ our obligation to pay such <strong>of</strong> the taxes payable to the Union and theState <strong>Government</strong> or any local authority as specified in the Bidding Document;c) is having unblemished record and is not declared ineligible for corrupt & fraudulentpractices either indefinitely or for a particular period <strong>of</strong> time by any State/ Centralgovernment/ PSU/ UT.d) does not have any previous transgressions with any entity in India or any other countryduring the last three yearse) does not have any debarment by any other procuring entityf) is not insolvent in receivership, bankrupt or being wound up, not have its affairsadministered by a court or a judicial <strong>of</strong>ficer, not have its business activities suspendedand is not the subject <strong>of</strong> legal proceedings for any <strong>of</strong> the foregoing reasons;g) does not have, and our directors and <strong>of</strong>ficers not have been convicted <strong>of</strong> any criminal<strong>of</strong>fence related to their pr<strong>of</strong>essional conduct or the making <strong>of</strong> false statements ormisrepresentations as to their qualifications to enter into a procurement contract within aperiod <strong>of</strong> three years preceding the commencement <strong>of</strong> the procurement process, or nothave been otherwise disqualified pursuant to debarment proceedings;h) does not have a conflict <strong>of</strong> interest as mentioned in the bidding document whichmaterially affects the fair competition.i) will comply with the code <strong>of</strong> integrity as specified in the bidding document.j) I/we undertake that I/we have capacity to install minimum number <strong>of</strong> machines asdefined in the bid document.If this declaration is found to be incorrect then without prejudice to any other action that may betaken as per the provisions <strong>of</strong> the applicable Act and Rules thereto prescribed by <strong>GoR</strong>, my/ oursecurity may be forfeited in full and our bid, to the extent accepted, may be cancelled.Thanking you,Name <strong>of</strong> the Bidder: -Authorised Signatory: -Seal <strong>of</strong> the Organization: -Date:Place:Page 60 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectANNEXURE-3: CERTIFICATE OF CONFORMITY/ NO DEVIATION {to be filled by the bidder}To,{Procuring Entity},______________________________,CERTIFICATEThis is to certify that, the specifications <strong>of</strong> services which I/ We have mentioned in the Technicalbid, and which I/ We shall supply if I/ We am/ are awarded with the work, are in conformity withthe minimum specifications <strong>of</strong> the bidding document and that there are no deviations <strong>of</strong> any kindfrom the requirement specifications.Also, I/ we have thoroughly read the bidding document and by signing this certificate, we herebysubmit our token <strong>of</strong> unconditional acceptance to all the terms & conditions <strong>of</strong> the biddingdocument without any deviations.I/ We also certify that the price I/ we have quoted is inclusive <strong>of</strong> all the cost factors involved in theend-to-end implementation and execution <strong>of</strong> the project, to meet the desired Standards set out inthe bidding Document.Thanking you,Name <strong>of</strong> the Bidder: -Authorised Signatory: -Seal <strong>of</strong> the Organization: -Date:Place:Page 61 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectANNEXURE-4: UIDAI ENROLMENT PROCESS FLOWPage 62 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectANNEXURE-5: INDICATIVE TRAINING DESIGN STRUCTURE - DETAILS OF TRAININGMODULES & THEIR DURATION (IN DAYS)Module Name & course DurationMasterTrainerEnrolmentOperatorSupervisorTechnicalSupportRegistrarRepresentativeUIDAI Overview 0.5 0.5 0.5 0.5Introduction to UIDAI enrolment process 0.5 1 1 0.51Basics on Hardware devices (Biometric,camera, PC etc)0.5 0.5 0.5 0.5 0.5Working with the bio metric devices 0.5 1 1 0.5UID Client Application S<strong>of</strong>tware 1.5 2 2 2 0.5Trouble Shooting on UID Client ApplicationS<strong>of</strong>tware and Biometric devices0.5 0.5 0.5 1Setting up an Enrollment center 0.5 --- 1 1.5Enrollment Centre Management 0.5 --- 0.5 0.5 0.5Exception Handling 0.5 1 1 0.5S<strong>of</strong>t Skills - Interaction with Residents /Senior Residents, Grievance handling,,Crowd handling etc1 1.5 1.5 0.5 0.5Training Delivery Techniques 1.5 --- --- ---Total 8 8 9.5 8 3Page 63 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectANNEXURE-6: FINANCIAL BID COVER LETTER & FORMATCOVER LETTER {to be submitted by the bidder on his Letter head}To,The Secretary & Commissioner,DoIT&C, Govt. <strong>of</strong> <strong>Rajasthan</strong>,Jaipur (Raj.)Reference: NIB No. :___________________________________ Dated:__________Dear Sir,We, the undersigned bidder, Having read & examined in detail, the Bidding Document, the receipt<strong>of</strong> which is hereby duly acknowledged, I/ we, the undersigned, <strong>of</strong>fer to supply/ work as mentionedin the Scope <strong>of</strong> the work, Technical specifications, Service Level Standards & in conformity withthe said bidding document for the same.I / We undertake that the prices are in conformity with the specifications prescribed. The quote/price are inclusive <strong>of</strong> all cost likely to be incurred for executing this work. The prices are inclusive<strong>of</strong> all type <strong>of</strong> govt. taxes/duties.I / We undertake, if our bid is accepted, to deliver the goods in accordance with the deliveryschedule specified in the schedule <strong>of</strong> Requirements.I/ We hereby declare that in case the contract is awarded to us, we shall submit the contractperformance guarantee as prescribed in the bidding document.I / We agree to abide by this bid for a period <strong>of</strong> _____ days after the last date fixed for bidsubmission and it shall remain binding upon us and may be accepted at any time before theexpiry <strong>of</strong> that period.Until a formal contract is prepared and executed, this bid, together with your written acceptancethere<strong>of</strong> and your notification <strong>of</strong> award shall constitute a binding Contract between us.I/ We hereby declare that our bid is made in good faith, without collusion or fraud and theinformation contained in the bid is true and correct to the best <strong>of</strong> our knowledge and belief.We understand that you are not bound to accept the lowest or any bid you may receive.We agree to all the terms & conditions as mentioned in the bidding document and submit that wehave not submitted any deviations in this regard.Page 64 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectDate:Authorized SignatoryName:Designation:Page 65 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectFinancial Bid Format{to be submitted by the bidder only in BoQ format (.XLS) available at eProc portal}Tender Inviting Authority: Secretary & Commissioner, DoIT&C, Govt. <strong>of</strong> <strong>Rajasthan</strong>Name <strong>of</strong> Work: Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur District for<strong>Rajasthan</strong> UID ProjectNIT Ref. No.: F11(149)/DoIT/Project/13/1659Bidder Name :SCHEDULE OF WORKSS. No. Description <strong>of</strong> work Qty. Unit EstimatedunenrolledpopulationUNIT RATE InFigures To beentered by theBidderRs. PAMOUNTRs. PBoQ 1 - Bhilwara District1 2 3 4 5 6=4x51 Unit cost <strong>of</strong> Enrolment persuccessful Aadhaar numbergenerated2 Additional unit cost for Scanning<strong>of</strong> documents per successfulAadhaar number generated asper scope <strong>of</strong> work chapter 4,clause 1, BFiguresWords1 No. 1500000 0.00 Rupeesonly1 No. 1500000 0.00 Rupeesonly0.000.00Total in Figures 0.00Total in WordsBoQ 2 - Nagaur District1 Unit cost <strong>of</strong> Enrolment persuccessful Aadhaar numbergenerated2 Additional unit cost for Scanning<strong>of</strong> documents per successfulAadhaar number generated asper scope <strong>of</strong> work chapter 4,clause 1, BNotes-1 No. 2200000 0.00 Rupeesonly1 No. 2200000 0.00 Rupeesonly0.000.00Total in Figures 0.00Total in Words1. It is clarified that the item number 2 refers to the additional/incremental unit cost, in casedocuments as mentioned in Chapter 4, clause 1, B in scope <strong>of</strong> work are required to bescanned and integrated with the data packet.2. The evaluation and comparison <strong>of</strong> bids shall be made for both the items above individuallyand separately and not on the total.Page 66 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project3. The total cost for items mentioned here shall be exclusive <strong>of</strong> service tax but will include allother taxes and duties.ANNEXURE-7: BANK GUARANTEE FORMAT {to be submitted by the bidder‟s bank}BANK GUARANTEE FORMAT – BID SECURITY (EMD)(To be stamped in accordance with Stamp Act and to be issued by a Nationalised/ Scheduledbank having its branch at Jaipur and payable at par at Jaipur, <strong>Rajasthan</strong>)To,The Secretary & Commissioner,Department <strong>of</strong> Information <strong>Technology</strong> & <strong>Communications</strong> (DoIT&C),IT Building, Yojana Bhawan Campus, Tilak Marg,C-Scheme, Jaipur-302005 (Raj).Sir,1. In accordance with your Notice Inviting Bid for vide NIBreference no. M/s. …………………………….. (Name & full address <strong>of</strong> thefirm) (Hereinafter called the “Bidder”) hereby submits the Bank Guarantee to participate in thesaid procurement/ bidding process as mentioned in the bidding document.It is a condition in the bidding documents that the Bidder has to deposit Bid Security (EMD)amounting to in respect to the NIB Ref. No._______________ dated _________ issued by DoIT&C, IT Building, Yojana BhawanCampus, Tilak Marg, C-Scheme, Jaipur, <strong>Rajasthan</strong> (hereinafter referred to as “DoIT&C”) by aBank Guarantee from a Nationalised Bank/ Scheduled Commercial Bank having its branch atJaipur irrevocable and operative till the bid validity date (i.e. days from thedate <strong>of</strong> submission <strong>of</strong> bid). It may be extended if required in concurrence with the bid validity.And whereas the Bidder desires to furnish a Bank Guarantee for a sum <strong>of</strong> to the DoIT&C as earnest money deposit.2. Now, therefore, we the ……………………………….…… (Bank), a body corporate constitutedunder the Banking Companies (Acquisition and Transfer <strong>of</strong> Undertaking) Act. 1969 (delete, ifnot applicable) and branch Office at…………………... (hereinafter referred to as theGuarantor) do hereby undertake and agree to pay forthwith on demand in writing by theDoIT&C <strong>of</strong> the said guaranteed amount without any demur, reservation or recourse.3. We, the aforesaid bank, further agree that the DoIT&C shall be the sole judge <strong>of</strong> and as towhether the Bidder has committed any breach or breaches <strong>of</strong> any <strong>of</strong> the terms costs, chargesand expenses caused to or suffered by or that may be caused to or suffered by the DoIT&Con account there<strong>of</strong> to the extent <strong>of</strong> the Earnest Money required to be deposited by the Bidderin respect <strong>of</strong> the said bidding document and the decision <strong>of</strong> the DoIT&C that the Bidder hasPage 67 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectcommitted such breach or breaches and as to the amount or amounts <strong>of</strong> loss, damage, costs,charges and expenses caused to or suffered by or that may be caused to or suffered by theDoIT&C shall be final and binding on us.4. We, the said Bank further agree that the Guarantee herein contained shall remain in full forceand effect until it is released by the DoIT&C and it is further declared that it shall not benecessary for the DoIT&C to proceed against the Bidder before proceeding against the Bankand the Guarantee herein contained shall be invoked against the Bank, notwithstanding anysecurity which the DoIT&C may have obtained or shall be obtained from the Bidder at anytime when proceedings are taken against the Bank for whatever amount that may beoutstanding or unrealized under the Guarantee.5. Any notice by way <strong>of</strong> demand or otherwise hereunder may be sent by special courier, telex,fax, registered post or other electronic media to our address, as aforesaid and if sent by post,it shall be deemed to have been given to us after the expiry <strong>of</strong> 48 hours when the same hasbeen posted.6. If it is necessary to extend this guarantee on account <strong>of</strong> any reason whatsoever, we undertaketo extend the period <strong>of</strong> this guarantee on the request <strong>of</strong> our constituent under intimation toyou.7. The right <strong>of</strong> the DoIT&C to recover the said amount <strong>of</strong> from us in manner aforesaid will not be precluded/ affected, even if, disputes havebeen raised by the said M/s. ……….………………(Bidder) and/ or dispute or disputes arepending before any court, authority, <strong>of</strong>ficer, tribunal, arbitrator(s) etc..8. Notwithstanding anything stated above, our liability under this guarantee shall be restricted to and our guarantee shall remain in force till bidvalidity period i.e. days from the last date <strong>of</strong> bid submission and unless ademand or claim under the guarantee is made on us in writing within three months after theBid validity date, all your rights under the guarantee shall be forfeited and we shall be relievedand discharged from all liability thereunder.9. This guarantee shall be governed by and construed in accordance with the Indian Laws andwe hereby submit to the exclusive jurisdiction <strong>of</strong> courts <strong>of</strong> Justice in India for the purpose <strong>of</strong>any suit or action or other proceedings arising out <strong>of</strong> this guarantee or the subject matterhere<strong>of</strong> brought by you may not be enforced in or by such count.10. We hereby confirm that we have the power/s to issue this Guarantee in your favor under theMemorandum and Articles <strong>of</strong> Association/ Constitution <strong>of</strong> our bank and the undersigned is/arethe recipient <strong>of</strong> authority by express delegation <strong>of</strong> power/s and has/have full power/s toexecute this guarantee under the Power <strong>of</strong> Attorney issued by the bank in your favour.Date ………………… (Signature) ……………………………………….Place ………………… (Printed Name) ………………………………….Page 68 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Project(Designation) ……………………………………(Bank‟s common seal) ………………………….In presence <strong>of</strong>:WTTNESS (with full name, designation, address & <strong>of</strong>ficial seal, if any)(1) ………………………………………………………………………………(2) ………………………………………………………………………………Bank DetailsName & address <strong>of</strong> Bank :Name <strong>of</strong> contact person <strong>of</strong> Bank:Contact telephone number:GUIDELINES FOR SUBMISSION OF BANK GUARANTEEThe Bank Guarantee shall fulfil the following conditions in the absence <strong>of</strong> which they cannot beconsidered valid: -1. Bank Guarantee shall be executed on non- judicial stamp paper <strong>of</strong> applicable valuepurchased in the name <strong>of</strong> the bank.2. Two persons should sign as witnesses mentioning their full name, designation, address and<strong>of</strong>fice seal (if any).3. The Executor (Bank Authorities) may mention the power <strong>of</strong> attorney No. and date <strong>of</strong> executionin his/ her favour authorizing him/ her to sign the document. The Power <strong>of</strong> Attorney to bewitnessed by two persons mentioning their full name and address.4. The Bank Guarantee should be executed by a Nationalised Bank/ Scheduled CommercialBank only.5. Non – Judicial stamp paper shall be used within 6 months from the date <strong>of</strong> Purchase <strong>of</strong> thesame. Bank Guarantee executed on the non-judicial stamp paper after 6 (six) months <strong>of</strong> thepurchase <strong>of</strong> such stamp paper shall be treated as non-valid.6. The contents <strong>of</strong> Bank Guarantee shall be strictly as per format prescribed by DoIT&C7. Each page <strong>of</strong> Bank Guarantee shall bear signature and seal <strong>of</strong> the Bank and B.G. number.8. All corrections, deletions etc. in the Bank Guarantee should be authenticated by signature <strong>of</strong>Bank Officials signing the Bank Guarantee.9. Bank should separately send through registered post/courier a certified copy <strong>of</strong> BankGuarantee, mentioning Bid reference, Bid title and bidder name, directly to the Purchaser atthe following address:Page 69 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectBANK GUARANTEE FORMAT – PERFORMANCE SECURITY (PBG)(To be stamped in accordance with Stamp Act and on a Stamp Paper purchased from <strong>Rajasthan</strong>State only and to be issued by a Nationalised/ Scheduled bank having its branch at Jaipur andpayable at par at Jaipur, <strong>Rajasthan</strong>)To,The Secretary & Commissioner,Department <strong>of</strong> Information <strong>Technology</strong> & <strong>Communications</strong> (DoIT&C),IT Building, Yojana Bhawan Campus, Tilak Marg,C-Scheme, Jaipur-302005 (Raj).1. In consideration <strong>of</strong> the Department <strong>of</strong> IT&C, Govt. <strong>of</strong> <strong>Rajasthan</strong> (hereinafter called "DoIT&C")having agreed to exempt M/s ..........................(hereinafter called "the said Contractor(s)" fromthe demand, under the terms and conditions <strong>of</strong> an Agreement No..................................dated.....................made between the DoIT&C through …………………… and.......................(Contractor) for the work .................(hereinafter called "the said Agreement") <strong>of</strong>Security Deposit for the due fulfilment by the said Contractor (s) <strong>of</strong> the terms and conditionscontained in the said Agreement, on production <strong>of</strong> a Bank Guarantee forRs...................(rupees ........................................only), we ...................(indicate the name <strong>of</strong> theBank), (hereinafter referred to as "the Bank") at the request <strong>of</strong> ..................Contractor(s) dohereby undertake to pay to the DoIT&C an amount not exceedingRs...................(Rupees..................................only) on demand.2. We................. (Indicate the name <strong>of</strong> Bank), do hereby undertake to pay Rs....................(Rupees............................only), the amounts due and payable under this guarantee withoutany demur or delay, merely on a demand from the DoIT&C. Any such demand made on thebank by the DoIT&C shall be conclusive as regards the amount due and payable by the Bankunder this guarantee. The Bank Guarantee shall be completely at the disposal <strong>of</strong> the DoIT&Cand We....................... (Indicate the name <strong>of</strong> Bank), bound ourselves with all directions givenby DoIT&C regarding this Bank Guarantee. However, our liability under this guarantee shall berestricted to an amount not exceeding Rs...................... (Rupees....................only).3. We.......................(indicate the name <strong>of</strong> Bank), undertake to pay to the DoIT&C any money sodemanded notwithstanding any dispute or disputes raised by the contractor(s) in any suit orproceeding pending before any Court or Tribunal or Arbitrator etc. relating thereto, our liabilityunder these presents being absolute, unequivocal and unconditional.4. We.....................(indicate the name <strong>of</strong> Bank) further agree that the performance guaranteeherein contained shall remain in full force and effective up to and that it shall continueto be enforceable for above specified period till all the dues <strong>of</strong> DoIT&C under or by virtue <strong>of</strong> thesaid Agreement have been fully paid and its claims satisfied or discharged or till the DoIT&Ccertifies that the terms and conditions <strong>of</strong> the said Agreement have been fully and properlycarried out by the said Contractor(s) and accordingly discharges this guarantee.5. We ...........................(indicate the name <strong>of</strong> Bank) further agree with the DoIT&C that theDoIT&C shall have the fullest liberty without our consent and without affecting in any mannerour obligations hereunder to vary any <strong>of</strong> the terms and conditions <strong>of</strong> the said Agreement or toextend time <strong>of</strong> performance by the said Contractor(s) from time to time or to postpone for anytime or from time to time any <strong>of</strong> the powers exercisable by the DoIT&C against the saidContractor(s) and to forbear or enforce any <strong>of</strong> the terms and conditions relating to the saidAgreement and we shall not be relieved from our liability by reason <strong>of</strong> any such variation, orextension being granted to the said Contractor(s) or for any forbearance, act or omission onthe part <strong>of</strong> the DoIT&C or any indulgence by the DoIT&C to the said Contractor(s) or by anyPage 70 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID Projectsuch matter or thing whatsoever which would but for this provision, have effect <strong>of</strong> so relievingus.6. The liability <strong>of</strong> us ............................. (indicate the name <strong>of</strong> Bank), under this guarantee will notbe discharged due to the change in the constitution <strong>of</strong> the Bank or the contractor(s).7. We .............................. (indicate the name <strong>of</strong> Bank), lastly undertake not to revoke thisguarantee except with the previous consent <strong>of</strong> the DoIT&C in writing.8. This performance Guarantee shall remain valid and in full effect, until it is decided to bedischarged by the DoIT&C. Notwithstanding anything mentioned above, our liability againstthis guarantee is restricted to Rs........................... (Rupees..............................only).9. It shall not be necessary for the DoIT&C to proceed against the contractor before proceedingagainst the Bank and the guarantee herein contained shall be enforceable against the Banknotwithstanding any security which the DoIT&C may have obtained or obtain from thecontractor.10. We .............................. (indicate the name <strong>of</strong> Bank) verify that we have a branch at Jaipur. Weundertake that this Bank Guarantee shall be payable at any <strong>of</strong> its branch at Jaipur. If the lastday <strong>of</strong> expiry <strong>of</strong> Bank Guarantee happens to be a holiday <strong>of</strong> the Bank, the Bank Guaranteeshall expire on the close <strong>of</strong> the next working day.11. We hereby confirm that we have the power(s) to issue this guarantee in your favor under thememorandum and articles <strong>of</strong> Association/constitution <strong>of</strong> our bank and the undersigned is/arethe recipient <strong>of</strong> authority by express delegation <strong>of</strong> power(s) and has/have full power(s) toexecute this guarantee for the power <strong>of</strong> attorney issued by the bank.Dated..........................day <strong>of</strong>....................For and on behalf <strong>of</strong> the (indicate the Bank)Signature(Name & Designation)Bank's SealThe above performance Guarantee is accepted by the DoIT&CFor and on behalf <strong>of</strong> the DoIT&CSignature(Name & Designation)Page 71 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectANNEXURE-8: DRAFT AGREEMENT FORMAT {to be mutually signed by selected bidder andprocuring entity}An agreement made this______ (enter date <strong>of</strong> Agreement)__between__(enter your firm’s name &address)__(hereinafter called "the approved supplier", which expression shall, where the contextso admits, be deemed to include his heirs, successors, executors and administrators <strong>of</strong> the onepart and the {PROCURING ENTITY} which expression shall, where the context so admits, bedeemed to include his successors in <strong>of</strong>fice and assigns <strong>of</strong> the other part.Whereas the approved supplier has agreed with the {procuring entity} to supply to the {procuringentity name and address} on behalf <strong>of</strong> (enter name <strong>of</strong> client organisation) to its various Offices aswell as at its branch <strong>of</strong>fices throughout <strong>Rajasthan</strong>, all those articles set forth in Our Work OrderNo. _________ Dated __________ appended hereto in the manner set forth in the conditions <strong>of</strong>the bidding document and contract appended herewith and at the rates set forth in the said order.And whereas the approved supplier has deposited a sum <strong>of</strong> Rs._____________ in the form <strong>of</strong>: -a) Bank Draft No./ Banker Cheque/ Bank Guarantee No.____________________dated._________ valid upto _____________.b) Post Officer Savings Bank Pass Book duly hypothecated to the Departmental authority.c) National Savings Certificates / Defence Savings Certificates / Kisan Vikas Patras or anyother script / instrument under National Saving Schemes for promotion <strong>of</strong> Small Savings, ifthe same can be pledged under the relevant rule. (The certificates being accepted atsurrender value) as security for the due performance <strong>of</strong> the aforesaid agreement which hasbeen formally transferred to DOIT&C.Now these Presents witness:1) In consideration <strong>of</strong> the payment to be made by the {procuring entity} through cheque/ DDat the rates set forth in the Work Order hereto appended the approved supplier will dulysupply the said articles set forth in Our Work Order No.___________ dated___/___/20___ there<strong>of</strong> in the manner set forth in the Invitation for Bids, Notice Inviting Bid,Scope <strong>of</strong> Work, Instructions to Bidders, General and Special Conditions <strong>of</strong> the Tender andContract, Technical Bid and Financial Bid along with their enclosures.2) The Invitation for Bids, Notice Inviting Bid, Scope <strong>of</strong> Work, Instructions to Bidders, Generaland Special Conditions <strong>of</strong> the Tender and Contract, Technical Bid and Financial Bid alongwith their enclosures enclosed with the NIB No._____ dated.___/___/20___ and alsoappended to this agreement will be deemed to be taken as part <strong>of</strong> this agreement and arebinding on the parties executing this agreement.3) Letter Nos._______________ dated __________ received from {bidder name} and letterNos. _____________ Dated ____________ issued by the {procuring entity} and appendedto this agreement shall also form part <strong>of</strong> this agreement.4) The {procuring entity} do hereby agree that if the approved supplier shall duly supplythe said articles in the manner aforesaid observe and keep the said terms andconditions, the {procuring entity} will through cheque/ DD pay or cause to be paid to theapproved supplier at the time and the manner set forth in the said conditions, the amountpayable for each and every consignment.Page 72 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectThe delivery including installation, commissioning, testing and acceptance shall be effected andcompleted within the period as specified in the Supply Order.In case <strong>of</strong> extension in the delivery and/ or installation period with liquidated damages, therecovery shall be made on the basis <strong>of</strong> percentages <strong>of</strong> value <strong>of</strong> stores/ works (as mentioned in thebidding document) which the bidder has failed to supply and complete the work.Warranty shall be provided by vendor as mentioned in the bidding document.All disputes arising out <strong>of</strong> this agreement and all questions relating to the interpretation <strong>of</strong> thisagreement shall be decided by the {procuring entity} and the decision <strong>of</strong> the {procuring entity}shall be final.In witness where<strong>of</strong> the parties hereto have set their hands on the _____ day <strong>of</strong>_____ (Year).Signature <strong>of</strong> the Approvedsupplier/ bidderSignature for and on behalf <strong>of</strong>procuring entityDesignation:Date:Designation:Date:Witness No.1Witness No.2Witness No.1Witness No.2Page 73 <strong>of</strong> 74


Bid Document for Selection <strong>of</strong> Enrolment Agencies for Bhilwara & Nagaur for RUID ProjectANNEXURE-9: MEMORANDUM OF APPEAL UNDER THE RTPP ACT, 2012Appeal No ………<strong>of</strong> ……………Before the ………………………… (First/ Second Appellate Authority)1. Particulars <strong>of</strong> appellant:a. Name <strong>of</strong> the appellant: b. Official address, if any: c. Residential address: 2. Name and address <strong>of</strong> the respondent(s):a. b. c. 3. Number and date <strong>of</strong> the order appealed against and name and designation <strong>of</strong> the <strong>of</strong>ficer/authority who passed the order (enclose copy), or a statement <strong>of</strong> a decision, action oromission <strong>of</strong> the procuring entity in contravention to the provisions <strong>of</strong> the Act by which theappellant is aggrieved: 4. If the Appellant proposes to be represented by a representative, the name and postal address<strong>of</strong> the representative: 5. Number <strong>of</strong> affidavits and documents enclosed with the appeal: 6. Grounds <strong>of</strong> appeal (supported by an affidavit): 7. Prayer: Place …………………………………….Date ……………………………………Appellant's SignaturePage 74 <strong>of</strong> 74

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