E-TENDER NOTICE BID DOCUMENT

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1 (A Govt. of West Bengal Enterprise) C.I.N.: U40109WB2007SGC Office of the Advisor(S&V), Vidyut Bhavan Block-DJ, Saltlake Sec-II, Bidhannagar, Kolkata E-TENDER NOTICE BID DOCUMENT For Finalization of Rate Contract for Security Personnel in respect of all concerned sites of WBSEDCL for guarding the company s property. TENDER NOTICE NO: Adv(S&V)/(T)/PSG/866 DATE: 23/ 06 /2015 Chief Security Officer W.B.S.E.D.C.L. Website: cso.wbsedcl@gmail.com Phone: Fax: / Page 1 of 26

2 CONTENTS Sl. No. Description Page No 1 Instruction to Bidder(IB) Section I 03 2 Scope of Work (SW) Section II 14 3 General Terms & Conditions Of Contract (GTCC) Section III 16 4 List of Annexure (LA) Section IV 21 5 Enclosures (Annex-I to Annex- VI) Page 2 of 26

3 IB.1. INSTRUCTION TO BIDDER (IB) SECTION-I INTRODUCTION: The Government of West Bengal has restructured the erstwhile WBSEB into two successor entities, namely West Bengal State Electricity Distribution Company Limited (WBSEDCL) and West Bengal State Electricity Transmission Company Limited (WBSETCL), under the ownership of the State Government. The two Companies started functioning from April 1, WBSEDCL provides power to 96% of West Bengal, catering to every sector - from ordinary villages to huge industrial units. It serves a customer base of more than 1.40 crore across West Bengal. The service network spans over 5 Zones, 19 Regional Offices, 71 Distribution Divisions and_505_customer_care_centers. To mitigate short power supply and being an environ-friendly corporate, WBSEDCL has set up Purulia Pumped Storage Project with a capacity of 900 MW hydel power. Customer Relationship Management (CRM) has been introduced to address customer grievances. Changed work culture and improved mindset has helped the Company move towards better customer care, with special focus on fast-track systems for commercial and industrial power. Major initiatives have improved distribution efficiency. Hundred per cent feeder and DTR metering has been completed, transforming WBSEDCL into a technocommercially viable organization. IB.2. ISSUE OF BID DOCUMENTS WBSEDCL invites two part Tenders from resourceful, reputed, eligible, competent and established Security Agencies having registered offices in West Bengal for (a) Engagement of private security agencies and (b) Formulation of Rate per head per day in respect of Security Supervisor, Armed Security Guards, Unarmed Security Guards and Ex-Servicemen Unarmed Guards & Supervisors. The Security Supervisors, Armed Security Guards and Security Guards would be posted in different Establishments/ Installations of WBSEDCL and Massanjore Hydel Plant through the enlisted security agencies throughout the state of West Bengal. IB.2.1.Eligibility of Bidders:- The intending bidders/agencies should have the following qualifications for enlistment: IB Registration under the Private Security Agencies (Regulations) Act, IB Valid Licenses under the above mentioned Act read with the prescribed Rules. IB Credentials to prove their satisfactory past services in Govt., PSU & Other enterprises. IB Valid Service Tax Registration certificate, Pan registration, Income Tax Return for last three assessment years i.e , , , PF/ESI (wherever applicable) registration, Profession Tax Registration certificate, Appointment order, work completion certificate. IB Code nos under the Employees Provident Fund Act and ESI Act. IB Valid Registration Certificate under EPF Act, ESI Act etc. IB Minimum 1000(One Thousand) numbers of Security Guards employed in different organizations in last 12(twelve) months during the Financial year IB Amount of Average Annual turnover which should not be less than Rs. 20,000,000 (Rupees Two Crores) only during financial years , , Page 3 of 26

4 For proof of turnover, tax audit report for bidder other than companies & audit report for bidder being companies registered under Company s Act are required to be submitted for last 03 (three) assessment years i.e , , IB Tender submitted by any Agency/Firm/State Govt./Central Govt./State & Central Govt. undertakings who has been blacklisted by any State Electricity Board/Power Sector Company/State Government/Central Government/State & Central Undertakings and / or convicted by a Court of law will be rejected. IB Audit Report for three financial years , , for Companies and Tax Audit Report for , , for other than company. Audit Report or Tax Audit Report to be submitted must consist of Auditor s report, Annexures to auditor s report, annual report with balance sheet and profit loss statements, additional information to financial statements, form 3CA, 3CB, 3CD and other necessary documents. IB The Selected Bidder must have its offices in West Bengal. Agencies operating from outside the state without office(s) in West Bengal will not be considered. Selected Bidder must give the proper address of office in west Bengal and its registered office. IB Business experience for at least 05 (five) years i.e , , , , in guarding by providing security guards/gunmen/supervisors of that Selected Bidder. IB Govt. owned enterprise having similar business experience may also participate. IB Bid document shall not be issued from the Office by post or by courier. IB Intending Bidders should note that the liability to the extent shown below will be taken into consideration by WBSEDCL while finalizing rate of security service. IB.2.2.Cost of Tender:- Rs 6, (Rupees Six Thousands) only IB.3. RESPONSIBILITY OF BIDDERS: IB.3.1. It shall be the sole responsibility of Bidders to determine and to satisfy themselves by such means as they consider necessary or desirable for all matters pertaining to this contract including, in particular, all factors that may affect the cost, duration and execution of the work. IB.3.2. It must be understood and agreed that such factors have properly been investigated and considered while submitting the bid. Any claim, whatsoever, including those for financial adjustments to the contract, once awarded under these documents will not be entertained by WBSEDCL. Neither any change in time schedule of the contract nor any financial adjustments, arising thereof, shall be permitted by WBSEDCL, which are based on the lack of such clear information of its effect. IB.3.3. The bid shall include all the information as per bid document. IB.3.4. The bidder shall bear all the costs associated with the preparation and submission of bid and WBSEDCL in no case shall be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. IB.4. FORMATION OF CARTEL & PENAL MEASURES: Any evidence of unfair trade practices, including overcharging, price fixing, cartelization etc. as defined in various statutes, will automatically disqualify the parties. Repeated occurrence of such evidence of above tenderers may also be viewed seriously by the WBSEDCL authority and penal measures as deemed fit would be imposed on such bidders. IB.4.1. Default in Statutory Compliances: Page 4 of 26

5 Bidders with default in compliances to the statutes based on tax Audit Report or Audit Report as the case may be shall be considered as not eligible. IB.5. KEY DATES: The schedule of issue, submission and opening of Bid Documents is furnished herein below: Sl No. Action Date & time 1. Period and time of issue of bid document. 2. Pre bid discussion with bidders. From 26/06/2015, Bid documents can be downloaded from the web site At WBSEDCL Head Quarter, Vidyut Bhavan, Salt Lake, 7TH floor, C Block on 03/07/2015 at 15:00 hrs. 3. Bid submission start date 04/07/2015 at 12:00 hrs Last date of submission of complete Bid together with bid security in the manner stated in the bid document. Opening of Techno Commercial Part of Bid document 6. Opening of Financial Bid At the office of C.S.O., WBSEDCL, 7th floor, C Block Bidyut Bhavan, Salt Lake on or before 09/07/2015 up to 15:00 hrs. On 10/07/2015 at 12:00 hrs. Price bid will be opened subsequently with prior intimation to the Techno Commercially successful Bidders. IB.6. IB.7. IB.8. If any Strike or Holiday, falls on any of the scheduled date, then the next working day (between mentioned working hours) shall be considered as scheduled date and schedule time. COLLECTION OF TENDER DOCUMENTS: IB.7.1. Intending bidders desirous of participating in the tender are to log on to the website for the tender. The tender can be searched by typing WBSEDCL in the search engine provided in the website. IB.7.2. Bidders willing to take part in the process of e-tendering are required to obtain Digital Signature Certificate (DSC) in the name of person who will sign the tender, from any authorized Certifying Authority (CA) under CCA, Govt of India (viz. ncode Solution, Safescrypt, e-mudhra). DSC is given as a USB e-token. After obtaining the Class 2 or Class 3 Digital Signature Certificate (DSC) from the approved Certifying Authority they are required to register the fact of possessing the Digital Signature Certificates through the registration system available in the website. IB.7.3. Tenders are to be submitted online and intending bidders are to download the tender documents from the website stated above, directly with the help of the e-token provided. This is the only mode of collection of tender documents. SUBMISSION OF TENDER DOCUMENT UNDER COMPANY: IB.8.1. Tenders are to be submitted online through the website All the documents uploaded by the Tender Inviting Authority form an integral part of the contract. Tenderers are required to upload all the tender documents along with the other documents, as asked for in the tender, through the above website within the stipulated date and time as given in the Tender. Tenders are to be submitted in two folders - one is Technical Proposal and the Page 5 of 26

6 other is Financial Proposal. The tenderer shall carefully go through the documents and prepare the required documents and upload the scanned documents in Portable Document Format (PDF) to the portal in the designated locations of Technical Bid. IB.8.2. The bidder needs to download the Forms / Annexures, fill up the particulars in the designated Cell and upload the same in the designated location of Technical Bid. He needs to download the BOQ, fill up the rates of items in the BOQ in the designated Cell and upload the same in the designated location of Financial Bid. The documents uploaded shall be virus scanned and digitally signed using the Digital Signature Certificate (DSC). Tenderers should take note of all the addendum/corrigendum related to the tender and upload the latest documents as part of the tender. IB.9. PRE-BID MEETING: IB.9.1. The Tendering Authority will call a pre-bid meeting with all the applicants who have purchased Tender Documents. This is to provide opportunity for any clarification of confusion needed by the applicants to submit Tenders correctly. In case any change in tendered clause is required, copy of the same shall be supplied to all the applicants, who have purchased the specific tender document, prior to bid opening. IB. 9.2.Pre bid discussion will be held at WBSEDCL as per schedule indicated in clause IB 5 above to clarify the queries, if any, from the Selected Bidders in respect of tender. Interested Selected Bidders who shall participate the Bid may participate (maximum two persons) in the said meeting for any such clarification. IB.9.3. Non-attendance at the pre bid discussion will not be a cause for disqualification of the bidders. IB.10. CLARIFICATION OF BIDDING DOCUMENTS: If there be any discrepancy or obscurity in the meaning of any clause of the bid document, such queries must be sent to the Chief Security Officer, WBSEDCL, Vidyut Bhavan, 7th Floor, Block C, Saltlake City Sec-II, DJ Block Kolkata in written form two days prior to the date of Pre-bid discussion (i.e. within 03/07/2015). Such query received from Selected Bidders prior to pre bid discussion shall only be discussed in the pre bid meeting. No other query except the written submitted ones will be clarified during pre bid discussion. After submission of bid, correspondences in any form shall be treated as Bad Conduct. If any changes are decided in pre-bid meeting the same will be informed on the same day of pre bid meeting only and no other communication shall be made afterwards on the issues discussed in the pre bid meeting. The clarification given in pre-bid discussion shall be final and binding on the bidder. IB.11. AMENDMENT / ADDENDUM OF BIDDING DOCUMENTS: At any time, prior to the deadline of submission of Bid, WBSEDCL may, for any reason, modify the Bidding Documents by issuing Addendum / Amendments and the same will be available in the company website ( only in due time. WBSEDCL shall not have any obligation to inform the Selected Bidder through any other mode of communication. IB.12. LANGUAGE OF THE BID: The bid so prepared by the bidder and all other correspondences and documents relating to the bid, exchanged by the bidder and WBSEDCL, shall be written in English Language only. Page 6 of 26

7 IB.13. VALIDITY OF TENDER & OFFER: The offer against tender should remain valid for a minimum period of 120 days from the next day of opening of the tender. However, WBSEDCL may, on the merit of case, request extension of validity of the offer for a further suitable period without any change in terms & conditions of the offer. IB.14. EARNEST MONEY DEPOSIT [BID GUARANTEE]: IB All bids must be accompanied with a refundable earnest money, as Bid Guarantee. The bid shall be considered non responsive if the earnest money deposit (EMD) is not submitted along with the bid. IB The Bid Guarantee is to be submitted only in the form of irrevocable demand draft/pay order of Rs. 4,00,000/- (Rupees Four Lakhs) only issued by any Branch of any Indian scheduled Bank, in favour of West Bengal State Electricity Distribution Company Limited payable at Kolkata. IB The Bid Guarantee of the unsuccessful Bidder/ Bidders, will be returned against their written claim within one month from the date of issue of rate contract order. IB The successful bidder/bidders, on whom rate contract order would be placed from respective WBSEDCL Zone, shall extend the validity period of Bid Guarantee for a period of another six months with a claim period of 90 days thereafter within 15 days from the date of placement of such rate contract order. The said Bid Guarantee of the successful Bidder/ Bidders, will be returned within 15 (fifteen) days from the date of acceptance of Performance Guarantee of bid document. IB No interest shall be payable by WBSEDCL on the above Bid Guarantee. IB The Bid Guarantee shall be forfeited for any of the following reasons: IB If during the period of bid validity, the bidder withdraws or modifies the bid in part or as a whole. IB If the successful Bidder/ Bidders fails/fail to accept the rate contract order unconditionally as per clause GTCC 18 (Acceptance of Order) of bid document or fails/fail to furnish the contract performance guarantee as stipulated in clause GTCC 15 (Performance Guarantee) of bid document. IB If the successful bidder/bidders fail to extend the validity period of EMD as per Clause IB 14.4 of bid document. IB If any cartel is formed by the tenderer. IB.15. SIGNING OF BIDS: IB The bid shall be signed by a person / persons duly authorized by the bidder. IB To be qualified for evaluation and finalization of contract, Bidder/ Bidders shall submit a written power of attorney, authorizing the signatory of the Bid to act on behalf of the Bidder. IB All the pages of the bid and where, entries/ amendments have been made, shall be signed by the person/persons signing the bid. IB The complete bid shall be without alterations, interlineations or erasers, except those to accord with instructions issued by WBSEDCL or as necessary to correct errors made by the bidders, in which case such corrections shall be initialed by the person/persons signing the bid. Bids not duly signed shall be treated as cancelled. Page 7 of 26

8 IB.16. SUBMISSION OF BID: Bids Proposal shall contain scanned copies and/or declarations in the following standardized formats in two covers (folders). IB STATUTORY COVER: a) To be submitted in Drafts Folder i.tender Fee Scanned copy of Demand Draft (DD)/ Pay Order (PO) with CTS-2010 compliance towards tender fee as prescribed in the NIT, in favour of West Bengal State Electricity Distribution Company Limited payable at Kolkata. ii.earnest Money Deposit (EMD) Scanned copy of Demand Draft (DD)/ Pay Order (PO) with CTS-2010 compliance towards EMD as prescribed in the NIT, in favour of West Bengal State Electricity Distribution Company Limited payable at Kolkata. b) To be submitted in Annexure folder i.application for Tender/ Bid Proposal (Annexure-I) ii.proforma for Contract Performance (Annexure-II) c) To be submitted in NIT folder i.notice Inviting Tender(NIT) ii. Addenda/Corrigenda: if published. Note: Bidders are to keep track of all the Addendum/Corrigendum issued with a particular tender and upload all the above digitally signed along with the NIT. Tenders submitted without the Addendum/Corrigendum will be treated as informal and liable to be rejected. d) To be submitted in Forms folder i.proforma for undertaking to be submitted by the Bidders (Annexure-V) ii.proforma of Letter of Bid (Annexure-VI) Note: Tenders will be summarily rejected if any item in the statutory cover is missing. IB.16.2.NON-STATUTORY COVER: a) Company Details: i. Registration under the Private Security Agencies (Regulations) Act, ii.valid Licenses under the above mentioned Act read with the prescribed Rules. iii.credentials to proof their satisfactory past services in Govt., PSU & Other enterprise. iv. Code nos under the Employees Provident Fund Act and ESI Act. v. Registration and Code Nos EPF Act, ESI Act etc. vi. Business experience for at least 05 (five) year in guarding by providing security guards/gunmen/supervisors of that Selected Bidder. b) Certificates & Financial Info: i.valid Service Tax Registration certificate, PAN registration, Income Tax Return for last three assessment years i.e , , , PF/ESI (wherever applicable) registration, Profession Tax Registration certificate, Appointment order, work completion certificate, Exemption certificate (if any issued by any competent authority). ii. Audit Report for the last three financial years , , for Companies and Tax Audit Report for , , for other than company. iii. Amount of Average Annual turnover which should not be less than Rs 20,000,000 (Rupees Two Crores) only in during financial years , , For proof of Page 8 of 26

9 turnover, tax audit report for bidder other than companies & audit report for bidder being companies registered under Company s Act are required to be submitted for last three years. c) Credentials: i.proof of Minimum 1000(One Thousand) numbers of Security Guards employed in different organizations in last 12(twelve) months during the Financial year ii.the Selected Bidder must have its offices in West Bengal. Agencies operating from outside the state without office(s) in West Bengal will not be considered. Selected Bidder must give the proper address of office in west Bengal and its registered office. Note: Failure of submission of any one of the above mentioned documents will render the E-Tender liable to summary rejection. IB.17. FINANCIAL PROPOSAL: The financial proposal should contain the following documents in one cover (folder). The Bidder shall quote the rate online in the space marked for quoting rate in BOQ (only downloadable copies of the above documents are to be uploaded, virus scanned and digitally signed by the bidder). IB.18. SUBMISSION OF ORIGINAL COPIES OF DOCUMENTS OF TENDER FEE AND EARNEST MONEY DEPOSIT: IB Mode of Payment: Tender Fee must be submitted in the form of Demand Draft (DD)/Pay Order (PO) with CTS-2010 compliance of any scheduled Bank of India. EMD must be submitted in the form of Demand Draft (DD)/ Pay Order (PO) with CTS-2010 compliance of any scheduled Bank of India. Note: Payment in any other form will not be accepted. IB Place of submission: The original Demand Draft/Pay Order, towards Tender Fee and Earnest Money Deposit shall be submitted in the following office: Chief Security Officer, West Bengal State Electricity Dist. Co. Ltd. Vidyut Bhavan, 7 th Floor, Block-C, Bidhannagar, DJ-Block, Sector-II, Saltlake City, Kolkata IB Time of submission: The original Demand Draft/Pay Order towards Tender Fee and EMD shall be submitted in a sealed envelope in the office as stated above within the date and time as specified in the NIT. If the bidder fails to submit the original copies within the due date and time his tender will not be opened and his bid will stand rejected. Note: Conditional and incomplete e-tenders are liable to summary rejection. IB.19. PREBID OPENING: The price bids submitted by the tenderers, shall be opened on the due date and time, in presence of the tenderers/ authorized representative of the tenderer who are found eligible in the techno- commercial evaluation. Page 9 of 26

10 The price bids shall be as per Pro forma for Price Bid enclosed in the Tender Document, and shall be complete in all respect duly signed and stamped on each page, by the tenderer, failing which the same shall be treated as rejected. IB.20. OPENING OF TENDER DOCUMENT & OTHER DETAILS: IB Opening of Technical Proposal: IB Technical proposals will be opened by the Tender Inviting Authority or his authorized representative electronically from the website stated above, using their Digital Signature Certificate. IB Technical proposals for those tender whose original DD/PO towards tender original DD/PO towards tender fee & EMD has not been received, will not be opened and will stand rejected. IB Cover (Folder) for Statutory Documents (vide IB.16.1.) will be opened first and if found in order, Cover (Folder) for Non-statutory Documents (vide IB.16.2.) will be opened. If there is any deficiency in the Statutory Documents, the tender will summarily be rejected. IB Decrypted (transformed into readable formats) documents of the Statutory and Non-statutory Covers will be downloaded for the purpose of evaluation. IB.21. TECHNO-COMMERICAL EVALUATION: While evaluation, the tender inviting authority or his authorised representative may summon of the tenderers and seek clarification / information or additional documents or original hard copy of any of the documents already submitted and if these cannot be produced within the stipulated timeframe, their proposals will be liable for rejection. The summary list of tenderers, whose bids will be found techno-commercially eligible, will be uploaded in the web portals. Date of opening of financial bid will be intimated to the technocommercially qualified tenderers. IB Step 1: The Cost of Bid will be examined as set forth in clause IB 2.2, failing which the bid will be rejected. IB Step 2: Subsequently, the EMD / Bid Guarantee will be examined as set forth in clause IB 14 (Earnest Money) failing which the bid will be rejected. IB Step 3: After that, the Techno Commercial Evaluation as per Eligibility of Bidders will be examined as set forth in clause IB 2.1. (Eligibility of Bidder) Thereafter the eligible bidders will be shortlisted. IB Step 4: Opening of Price part and financial evaluation: The Part of bids containing price offer of the bidders who have successfully met the requirements of previous steps will be opened in presence of bidder s representative on any subsequent pre-intimated date. The bidder will not be allowed to attach any techno-commercial terms and conditions in the Price Bid offer. Attachment of any kind of Techno Commercial Terms & Condition in the Price Bid offer shall led to cancellation of bid. IB Evaluation and finalization of rate shall be made on the rate per security guards only comprising of activity as per price bid sheet (BOQ). IB For any discrepancy in the amount of figures and words, the quoted amount in figure will prevail. IB Immediately on opening of the Techno-Commercial Bids the same shall have to be evaluated both in technical and commercial aspects. Page 10 of 26

11 IB The criteria for Techno-Commercial evaluation will consist of past performance, financial soundness, technical competence, adequate quality procedures, organizational capacity and manufacturing capability, commensurate with requirements as per tender specification. The tenderers, whose offers are found to be acceptable both technically & commercially, may be considered for opening of their respective price bids. IB Tenderer shall ensure that all the pre-requisites as mentioned in the Tender schedules are duly fulfilled by them and if there be any deficiency regarding non-submission of any document, WBSEDCL reserves the right to cancel that bid unilaterally. Tenderers may be intimated accordingly. IB Prior to finalization of Techno-Commercial bid, if there be any minor technical deviation with the tenderers, they may be informed the same and to comply positively within three days, failing which their offer will be liable for rejection without any further intimation. No further negotiation will be entertained. IB.22. PRICE EVALUATION & FINALIZATION OF THE TENDER: Financial proposals of the tenderers declared techno-commercially eligible, will be opened electronically by the Tender Inviting Authority from the web portal stated above on the prescribed date. The encrypted copies will be decrypted and the rates will be read out to the bidders remaining present at that time. After opening of the financial proposal the preliminary summary result containing inter-alia, name of bidders and the rates quoted by them will be uploaded. The Tender Accepting Authority may ask any of the tenderers to submit analysis to justify the rate quoted by that tenderer. Intending tenderers may remain present if they so desire. IB Price offer shall be submitted in the prescribed format only. IB No deviation in any form in the Price Bid Sheet is acceptable. IB.22.3.No separate price evaluation shall be quoted as the same will be provided by WBSEDCL. IB The Rate per security personnel shall remain firm during the entire period of validity / tenure of Contract. IB The Rate per Security personnel for different locations and periodicity of billing, as described in details format in BOQ. However, this is excluding service tax. IB.22.6.Any variation, up or down, in taxes & duties or any new levy introduced by Central or State Govt. subsequent to Price Bid opening will not be considered for evaluation of Price Bids. IB The evaluation of Price Bid would be done based on following formula as per offer of Bidder in BOQ. **Evaluated Rate (ER) = Rate(A) x Rate(B) x Rate (C) x Rate (D) x 25 + Rate (E) x 05. [i.e. approx 2000 unarmed security guards, 150 armed security guards & 40 supervisors for civilian guards and approx 25 unarmed ex-serviceman gds & 05 supervisors ex-servicemen for ex-serviceman gds including half yearly increments as promulgated by the Labour Commission, Govt. of West Bengal and quoted on basis of per month (28/30/31 days as the case may be with 365 days in a year) including Vender Service charge which must not be less than 10%]. IB Necessary Tabulation of Bids shall be prepared indicating all elements of unit landed prices of all the bidders and L1, L2, L3. Positions of the bids are to be ascertained. IB To finalise the tender promptly, negotiation of prices with L2, L3, L4 bidders and so on, may be made if required for the purpose of rational allocation. Page 11 of 26

12 IB No price preference will be allowed to any tenderer based on the size of the industry or its geographic location. IB Co- operative Society will not be considered with separate status. However placement of Promotional Order is not mandatory for each tender and shall be processed at the discretion of WBSEDCL. IB.23. TAXES, DUTIES AND OTHER LEVIES: IB The selected bidder shall be solely responsible for the taxes that may be levied on their security personnel or on earning of any of his employees and shall hold the employer indemnified and harmless against any claims that may be made against the employer. The WBSEDCL shall not take any responsibility whatsoever regarding taxes under Income Tax Act, for the selected bidder or his personnel. IB Quoted rate shall include all the taxes & duties excepting service tax. Service taxes shall be allowable by WBSEDCL over & above the contracted rate. IB.24. P.F. CODE NO. & LABOUR LICENSE: The successful Selected Bidders shall submit to the respective Zonal Managers of WBSEDCL necessary PF code no. and labour license from Govt. of West Bengal and they shall take ESI registration (where ESI is applicable) including individual labour wise registration after obtaining order / engagement of labour for the Guarding of Company s property. IB.25. STATUTORY OBLIGATIONS: Statutory obligations as per law of the land are to be complied with P.F., ESI, Employees compensation, Bonus, Minimum wages, for the persons as published by Joint Labour Commissioner, Govt. of West Bengal etc. are to be paid to the persons involved in guarding. In non ESI areas the Selected Bidder has to arrange for Medical Benefit to the Employees engaged by them & or arrange for mediclaim policy / appropriate insurance policy for the benefit of the employees engaged by them from any of Insurance Company controlled by Insurance Regulatory Development Authority. The wage revision which comes under revisions twice in a year and that has to be complied by the Selected Bidder immediately after such revisions made by the Labour Commission, Govt. of West Bengal. IB Statutory obligations as per law of the land shall mean the provisions of following Acts including the latest amendments and / or replacement, if any: IB Electricity Act, 2003 and Rules & Regulations and amendments made there under. IB The Industrial Dispute Act, 1947 and rules & regulations and amendments made there under. IB Contract Labour (Regulation and Abolition) Act 1970 and rules & Regulations and amendments made there under and other Labour Laws applicable. IB EPF & Miscellaneous Provisions (MP) Act 1952 and Rules & Regulations and amendments made there under. IB Employees Compensation Act, 1923 and Rules and Regulations and amendments made there under. IB Child Labour Prohibition & Regulation Act, 1956 and Rules & Regulations and amendments made there under. IB Minimum Wages Act, 1948 and Rules and Regulations and amendments made there under. Page 12 of 26

13 IB Payment of Bonus Act, 1965 and Rules and Regulations and amendments made there under. IB Employees State Insurance Act, 1948 and Rules and Regulations and amendments made there under. IB Payment of Wages Act, 1936 and Rules and Regulations and amendments made there under. IB.26. DEFAULT AND PENALTY: IB Provident Fund:-The relevant provisions of the Employees Provident Fund & Misc. Provident Fund Act, 1952 Act should strictly be compiled with by the Agencies and the Provident Fund elements are to be regularly deposited with P.F. Commissioner s Office as per provisions of the Act. The WBSEDCL would take no responsibility whatsoever in this regard. Provident Fund Registration Number and Code No.(Attested Copies) should be furnished with tender bid. The quoted rate should also include this item. If required, WBSEDCL may ask to produce documentary evidence from the selected bidder. IB Insurance & Minimum Wages:- Provisions of the E.S.I Act, 1948 where applicable, shall have to be complied with E.S.I. Contribution is to be regularly deposited with Regional Director E.S.I.C.. Attested copies of documents of Registration under said act and Employer s Code No. are to be submitted along with all tender bids. In case of non-esi area, adequate insurance coverage insurance coverage of equivalent amount of premium for extending benefits, in case of aliments requiring prolong treatment, employment injury including death of the personnel deployed for security duty should be available. WBSEDCL will not take any responsibility for additional payment and relevant provisions of Minimum Wages Act, 1948 shall be strictly adhered to read with the payment of Wages Act, If required, WBSEDCL may ask to produce documentary evidence from the selected bidder. IB.26.3.Compliance of the Contract Labour (R&A) Act, 1970 & Private Security Agencies (Regulation) Act, 2005:-Compliance of relevant provisions under the Contract Labour (R&A) Act, 1970 and Private Security Agencies (regulation) Act, 2005 shall have to be ensured, other statutory compliance viz. service tax, profession tax, Income Tax must be complied as and where applicable to the extent. IB For any default in midterm of contact, necessitating termination of the contract and change of Selected Bidder, all dues including 5% penalty will be deducted from the pending bills or earnest money deposit (EMD) of the defaulting company. The contracting Selected Bidder shall not be eligible to get payment against any such bills. If WBSEDCL already made payment of such bills, the same will be realized from the Demand Draft/Pay Order submitted as Bid Guarantee (EMD) / pending bills of contracting Selected Bidder lying with WBSEDCL. Page 13 of 26

14 Scope of Work (SW) Section II SW.1. SCOPE OF WORK SW.1.1. Engagement of security personnel/ supervisor for guarding different company s office/installations/distribution lines throughout West Bengal. Such security personnel should be of both the categories i.e. with Gun and without Gun. The Selected Bidder will have to place their personnel for duty within 24 hours of receipt of requisition placed. The licenses for guns to be given to the persons deployed by the Selected Bidder will be the responsibility of the Selected Bidder. Selected Bidder should have management capacity to run such security work in vital installations and necessary License for possession of arms and ammunition. SW.1.2. The engagement may be round-the-clock or in one/two shifts depending upon importance of the installations as per actual requirement. SW.1.3. The Selected Bidder shall have to submit the reports after clearing of all wages, PF, ESI etc to the security personnel with authenticate copies to the concerned controlling officer of WBSEDCL. SW.1.4. Payment will be made on per security personnel basis only. Monthly payment will be made directly to the Selected Bidder on the basis of actual number of security guards billed. The Selected Bidder shall submit bills in triplicate. The bill has to be certified by the Supervising Officer. SW.1.5. A certificate has to be submitted by the Selected Bidder indicating correctness and completeness of the reading which shall duly be approved by the Supervising Officer. SW.1.6. If any such circumstances come in future, the controlling officer of that site of WBSEDCL may be asked for proof of PF deposit and proof of ESI deposit in the PF, ESI code as would be submitted by the Selected Bidder to the respective Zonal Manager & related document against each employee has to be submitted by the Selected Bidder with the bill as per Annexure-V from the second monthly bill onward. Where ESI provisions are not applicable, insurance documents as a proof of medical benefit is to be submitted with bill. SW.1.7. If required the controlling officer of that site of WBSEDCL may ask for Bank statement as documentary evidence as a proof of employees receipt of salary which is paid through Bank, has to be submitted with the bills for payment. SW.1.8. Bills shall be submitted to the respective Controlling Officer after the end of each calendar month. Payment will normally be released within forty five (45) days from the date of submission of bill, complete in all respect. Page 14 of 26

15 BOQ Format Job Description No of Quantity Per Unit Rate Total Quoted Rate (A) Monthly Rate per Unarmed Security Guard for guarding and allied job excluding Service Tax For Civilian Guards (In Rupees) 2000 (B) Monthly Rate per Armed Security Guard (Gunman )for guarding and allied job excluding Service Tax For Civilian Guards (In Rupees) (C) Monthly Rate per Supervisor security personnel for guarding and allied job excluding Service Tax For Civilian Guards (In Rupees) (D) Monthly Rate per Unarmed Security Guard for guarding and allied job excluding Service Tax For Ex-Serviceman Guards (In Rupees) (E) Monthly Rate per Supervisor security personnel for guarding and allied job excluding Service Tax For Ex-Serviceman Guards (In Rupees) TOTAL AMOUNT (In Rupees) = (In Figures) = *****The quoted rate includes all taxes, duties excepting service tax. *****Service taxes shall be allowable by WBSEDCL over & above the contracted rate The Evaluation of Price Bid would be done based on following methodology: **Evaluated Rate (ER) = Rate(A) x 2000 unarmed gds Civilian gds(appx) + + Rate(B) x 150 gunmen Civilian gds (appx) + + Rate (C)x 40 supervisors Civilian gds (appx)+ + Rate(D) x 25 unarmed gds Ex-serviceman (appx) + + Rate (E)x 05 supervisors Ex-Serviceman (appx). {Note: Monthly rate must be quoted on basis of per month as 28/30/31 days as the case may be (Yearly value = 365 days X daily rate) including vendor service charge not less than 10% } Page 15 of 26

16 General Terms & Conditions of Contract (GTCC) Section III GTCC.1.GENERAL TERMS: GTCC.1.1.For timely a completion of the job, WBSEDCL reserves the right to divide/split/modify/ cancel the entire job during placement of order without showing any reason whatsoever. GTCC.1.2. The bidder has to furnish all the information as required regarding their offer. GTCC.1.3. All correspondence, documents & Bid, exchanged between the Bidder and WBSEDCL shall be written in English language. Failure to comply with this request may disqualify a bidder. GTCC.1.4. The Company reserves the right, to reject any or all the tenders, at its discretion, without assigning any reason whatsoever. GTCC.1.REGULATORY MECHANISM Supply/ Deployment/ Engagement of security personnel shall be regulated in terms of private Security Agencies (Regulations) Act, 2005 read with the private Security Agencies Central model Rule, 2006 and any other rules framed by the appropriate /controlling Governing authority under the Act. Relevant jobs are to be done by the respective Agencies within the legal parameter with accountability to regulatory mechanism as provided in the said Act and rules framed there under as per constitutional objective and in national security and interest. Besides different statutory obligation the detailed compliance of Law as specified in Clause IB.25.will also be applicable. GTCC.2.PERIOD OF CONTRACT The order would be on rate contract basis. The contract period will be initially for two years from the date of issue of the order. No request of any change in that contract will be considered for next two years from the issue of the order. The same may, however, be renewed from time to time and not exceeding upon 5 (five) years on satisfactory performance of the selected bidder. For any default in midterm of contact, necessitating termination of the contract and change of Selected Bidder, all dues including 5% penalty will be deducted from the Security Deposit of the defaulting company. GTCC.3.CONDUCT & DISCIPLINE Every security personnel shall behave well with the members of the public and also his superior, colleagues and subordinates. All employees shall be at work punctually at the time fixed and notified to them. Late attendance and irregular attendance including early departure constitute a breach of discipline, punishable being act of misconduct. The security personnel so deployed should be discipline and for any breach thereof, the Selected Bidder has to replace the concerned person within 24(Twenty Four) hours of written notification by the Controlling Officer. The Selected Bidder should make good to any loss of property incurred by such acts of misconduct as per prevailing norms. GTCC.4.CONTROLLING OFFICER OF WORK The controlling officer of the work would be head of the respective unit of the company or the officer authorized by him for this purpose. The Security Personnel/ Supervisor will have to report to the controlling officer at the commencement of the shift as fixed up by the WBSEDCL. Page 16 of 26

17 GTCC.5. PAYING AUTHORITY Paying authority against this contract would be the Drawing & Disbursing Officer of the respective unit where Security Personnel are actually deployed / engaged. The Controlling Officer would release payment as per actual deployment and certification of satisfactory performance of the personnel so deployed. GTCC.6.RELEASE OF PAYMENT Payment would be released on monthly basis against bill in triplicate to be submitted by the security Selected Bidder to the controlling officer. The Controlling officer after due certification towards satisfactory performance will forward the same to the paying authority for release of payment in due course. No advance payment would be made. Release of payment for second month onwards is subject to verification of full payment made to P.F. & E.S.I. authorities where applicable in respect of persons engaged for the previous month. GTCC.7. OVERTIME ALLOWANCES/BONUS Bonus will be paid to guard in per day basis and same the will claim in payment bill also. No overtime allowances would be allowed. Double Shift duties will not be allowed. GTCC.8.RESPONSIBILITY FOR THEFT/ LOSS OF COMPANY S PROPERTY In case of any theft / loss of Company s property where security agencies have been engaged for guarding purpose, a departmental enquiry will be held. If negligence on the part of Security personnel if found, the Selected Bidder shall have to accept the liability and made good the loss assessed by WBSEDCL. The amount is to be deposited in cash in Company s account. GTCC.9. ACCOMODATION/OTHER NECESSITY FOR SECURITY PERSONNEL The Company would provide space within office or otherwise if available subject to realization of Rs per day per head. Electricity and water would also be made available in the accommodation at respective sites. Electricity charges have to be paid by the Selected Bidder to Company as per actual consumption recorded through meter. If Selected Bidder have failure to deliver the pay slips as a proof of wages to the security personnel individually within one month from the date of payment will attract Rs. 2/- per security guards for such non delivery and in case of failure to supply proper dress/ uniform to each security personnel a Rs.500/- will attract per guards also. GTCC.10. ELIGIBILITY TO BE ENGAGED AS SECURITY PERSONNEL All the security personnel likely to be engaged by the concerned Selected Bidder must possess prescribed standard of physical fitness along with adequate training as prescribed under Private Security Agencies (Regulation) Act, 2005 and Rules framed thereon with other requisites. Age limit in case of Private Security personnel is 50(fifty) years and in case of ex- BSF/Army personnel is 55 (fifty five) years. GTCC.11. OTHER IMPORTANT CONDITIONS Bid Documents are not transferable. All the tenderers must keep their offers valid for acceptance for a period of 90 (ninety) days from the date of opening of tender. Page 17 of 26

18 GTCC Posting submission of tender or quotation submitted by Telex / Fax/ Telegraph is not acceptable. Incomplete tenders, i.e. illegible and / or submitted with qualifications or with conditions at variance with the terms and conditions of tender i.e. combined offer/conditional offer/counter offer are liable to be rejected. GTCC The Company reserves the right to accept the full or part of tender or reject any / or all tenders and / or negotiable by way of revised and / or improved offer from all the tenderer for the concerned job. The company reserves the right to withdraw full or part of the tender without assigning any reasons whatsoever. WBSEDCL also reserves the right to engage more than one Selected Bidder at same rate at different establishments. GTCC As per current orders in vogue, all payments for that month to security guards will be completed by 07 th day of the next month by NEFT transfer only. For example: January 2016 wages/pf/esi payment must be paid within 07 February GTCC WBSEDCL is open for 365 days in a year, and the bidder needs to take into consideration of services payable on Holidays and that service as sought is round the clock. GTCC As per Labour Commissioner, Govt. of West Bengal the daily rate will be arrived at by dividing the monthly rate by 26 and one day rest in any period of seven (07) days. GTCC The monthly rate should be quoted as daily rate X 30 days or 31 days or 28 days as the case may be. The yearly value should be taken as 365 days X daily rate. GTCC.11.7.The bidder should bid as per evaluation formula given in BOQ as monthly rate and including the service charge of not less than 10%. GTCC Attendance of representatives of respective agencies in Pre-bid meeting is a must for resolution/understands any crucial matter before Tech Bid. GTCC All kinds of legal proceedings in any matter arising out of this contract shall be settled by the appropriate court under the jurisdiction of High Court of Kolkata. GTCC.12. The Tender must be accompanied with the following documents:- GTCC Registration under the Private Security Agencies (Regulations) Act, GTCC Valid Licenses under the above mentioned Act read with the prescribed Rules. GTCC Credentials to prove their satisfactory past services in Govt., PSU & Other enterprises. GTCC Valid S.T. Registration certificate, Pan registration, Income Tax Return for last three assessment years i.e , , , PF/ESI (wherever applicable) registration, Profession Tax Registration certificate, Appointment order, work completion certificate. GTCC Code nos under the Employees Provident Fund Act and ESI Act. GTCC Valid Registration certificates under EPF Act, ESI Act etc. GTCC Proof of minimum 1000(One Thousand) numbers of Security Guards employed in different organizations in last 12(twelve) months during the Financial year (in listed tabular format.) GTCC Amount of Average Annual turnover which should not be less than RS. 02 crores (Rupees Two Crores) only during financial years , , For proof of turnover, tax audit report for bidder other than companies & audit report for bidder being companies registered under Company s Act are required to be submitted for last three years. GTCC Tender submitted by any Agency/Firm/State Govt./Central Govt./State & Central Govt. undertakings who has been blacklisted by any State Electricity Board/Power Sector Company/State Government/Central Government/State & Central Undertakings and / or convicted by a Court of law will be rejected. Page 18 of 26

19 GTCC Audit Report for the years , , for Companies and Tax Audit Report for , , for other than company. Audit Report or Tax Audit Report to be submitted must consist of Auditor s report, Annexures to auditor s report, annual report with balance sheet and profit loss statements, additional information to financial statements, form 3CA, 3CB, 3CD etc and other necessary documents. GTCC Credentials for deployment of about 1000(one thousand) nos security personnel in the last twelve (12) months of financial year GTCC The Selected Bidder must have its offices in West Bengal. Agencies operating from outside the state without office(s) in West Bengal will not be considered. Selected Bidder must give the proper address of office in west Bengal and its registered office. GTCC Business experience for at least 05 (five) year in guarding by providing security guards/gunmen/supervisors of that Selected Bidder. GTCC Govt. owned enterprise having similar business experience may also participate. GTCC Bid document shall not be issued from the Office by post or by courier. GTCC Intending Bidders should note that the liability to the extent shown below will be taken into consideration by WBSEDCL while finalizing rate of security service. GTCC.13. FORCE MAJEURE: GTCC The Selected Bidder shall be under no liability if the Selected Bidder is prevented from carrying out any of the Selected Bidders obligations by reason of war, Invasion, act of foreign country, hostilities, riots, civil commotion, mutiny, accident, earthquake, fires, floods, orders and /or restrictions and other cause beyond the reasonable control of the Selected Bidder. However, such force majeure circumstances are to be intimated immediately and to be established subsequently with proper documents / proofs to the entire satisfaction of WBSEDCL. GTCC WBSEDCL will not take any additional liability towards enhanced taxes, duties and price variation due to force majeure condition. GTCC.14. CANCELLATION/TERMINATION OF ORDER: WBSEDCL shall have the right to repudiate the contract if the work is not compete the under mentioned clauses. GTCC Non acceptance of contract as per Acceptance of order. GTCC Non submission of BG within time as per performance guarantee. GTCC If failed to implement as per terms and conditions stated under GTCC. GTCC In each above cases 15 days termination notice shall be issued prior to termination of contract. GCC.15. PERFORMANCE GUARANTEE: As contract security, the successful bidder has to furnish a performance Guarantee in the form of Demand Draft/Pay Order (I.B.14. Earnest Money) by any Schedule Bank in India. The BG shall be submitted to the respective Division of a particular Zone. 10% of Contract Value of all CCC under particular Division to be submitted to respective Division within one month from the date of issue of execution order from respective Zone. Validity of BG will be for 2 years from the date of order and claim period will be further 3 months. Page 19 of 26

20 GTCC.16. LEGAL JURISDICTION: During execution of this job, if any dispute arises thereby, the necessary legal affairs and / or court case shall be exclusively within the jurisdiction of High Court at Kolkata only. GTCC.17. RISK PURCHASE / PERFORMANCE: Adherence to time schedules mentioned in the foregoing clauses shall be deemed as the essence of contract and if the Selected Bidder fail to deliver within the periods prescribed for such work in the rate contract order, WBSEDCL shall be entitled to execute the job through the best and nearest substitute available elsewhere on the account and at the risk of the contracting Selected Bidder or to cancel the contract and the contracting Selected Bidder shall be liable to compensate for any loss or damage which WBSEDCL may sustain by reason of such failure on the part of the Contracting Selected Bidder. GTCC.18. ACCEPTANCE OF ORDER: The successful Selected Bidder shall submit written unconditional acceptance of order to the respective Zonal Managers of WBSEDCL within 7 (seven) days from the date of issue of the contract. Such letter shall be super superscripted as Acceptance Order. In case of noncompliance, WBSEDCL reserves the right to cancel the order & get the job done, through other Selected Bidder, at the sole discretion of WBSEDCL. All the tenders should be submitted in the prescribed offer form on 09/07/2015 upto 15:00 hrs in the office of the CSO, WBSEDCL. The envelope should be superscribed with the tender number and addresses to:- The Chief Security Officer West Bengal State Electricity Dist. Co. Ltd. Vidyut Bhavan, 7 th Floor, Block-C, Bidhannagar, DJ-Block, Sector-II, Saltlake City, Kolkata Tender will be opened on 10/07/2015 at 12:00 hrs at Conference Room (Vidyut Bhavan) in presence of all tenders or their authorized representatives (one head per tenderer). Page 20 of 26

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