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PAWAN HANS LIMITED
(A Govt. of India Enterprise)
REQUEST FOR PROPOSAL (RFP)
NO.PHL/CO/MKTG/4817/74
FOR
APPOINTMENT OF CONSULTANT
FOR CONDUCTING CUSTOMER
SATISFACTION SURVEY FOR
PAWAN HANS LTD.
(Limited Tender – Applicable only for Qualified Bidders based on Pawan Hans
EoI dated 01st August, 2014)
1
Name of the Project / work:
Consultant required designing and carrying out Customer Satisfaction Surveys. The
Firm shall be responsible for conducting a market research and designing
appropriate customer satisfaction surveys and administering the same to arrive at
PHL Customer Satisfaction Rating.
Location of the work:
The following Locations/ Customers shall be included for conducting
Customer Satisfaction Survey:
Sr. No.
1
2
4
5
6
7
8
8
9
Locations
New Delhi
Mumbai
Cochin
Guwahati
Gangtok
Agartala
Aizawl
Kolkata
Shimla
Customer
NTPC, GAIL, A&N Admn., 1-2 any other client
ONGC
Lakshadweep Administration
Govt. of Arunachal Pradesh & Govt. of Meghalaya
Govt. of Sikkim
Govt. of Tripura
Govt. of Mizoram
Govt. of West Bengal
Govt. of Himachal Pradesh
Note:
Pawan Hans reserve the right to change/ alter the above locations/ clients. However the final
list of clients/ locations would be provided at the time of issuance of LOI to the selected
Consultant.
Name of the office inviting RFP:
Marketing Department,
Pawan Hans Ltd.
Corporate Office,
C-14, Sector-1, NOIDA-201301,
Distt Gautam Budh Nagar (U.P.).
Ph-0120-2476735, 2476759
Fax-0120-2476979
2
PAWAN HANS LIMITED (PHL), NEW DELHI
Marketing Department
Pawan Hans Ltd.
Corporate Office,
C-14, Sector-1, NOIDA-201301,
Distt Gautam Budh Nagar (U.P.).
Ph-0120-2476735, 2476759
Fax-0120-2476979
Tender No.
Date
: PHL/CO/MKTG/4817/74
: 07th November, 2014
To
_________________________
_________________________
INVITATION OF BID
Dear Sirs,
Sealed Tenders under 'TWO BID SYSTEM' are invited by PHL from consultant Firms for
APPOINTMENT OF CONSULTANT REQUIRED FOR CUSTOMER SATISFACTION
SURVEY AT PHL in the prescribed bid form and the proforma attached to this bid
package. The details of the tender are given below:1. Tender No.
PHL/CO/MKTG/4817/74
2. Description
Consultant required designing and carrying out
Customer Satisfaction Surveys. The Firm shall
be responsible for conducting a market research
and designing appropriate customer satisfaction
surveys and administering the same to arrive at
PHL Customer Satisfaction Rating.
Requirements: Develop Customer Survey(s) for
PHL to gather objective and subjective feedback
on PHL performance and market position in the
aviation/service industry. The survey shall target
existing customer.
Use primary and secondary data/response
gathering while carrying out executive of the
above designed survey.
To arrive at PHL overall customer satisfaction
rating as well as that of different major
customer/customer segments.
3
To report on key and detailed findings of the
survey and issues impacting the PHL Customer
Satisfaction Ratings.
3. Delivery period
To submit Draft Report within 15 days from the
date of issue of letter of Appointment and Final
Report within 01 week (07 days) of the approval
of Draft Report.
4. Date & Time for submission
of Proposal
1400 hrs (IST) on 20th November, 2014.
5. Date & Time for opening
of Technical Bid.
1430 hrs (IST) on 20th November, 2014.
6. Date & Time for opening
of Priced Bid.
To be intimated
Qualified bidders.
7. EMD
Rs.25,000/- (Rupees twenty five thousand only)
in form of Bank Draft/Pay Order from
Nationalized Bank in favor Pawan Hans Ltd.
payable at New Delhi/ Noida.
8. Performance Bank Guarantee
10% of total contract value (to be submitted by
the selected party within 5 days of issuance of
LoA
9. Bid Validity
03 Months from the date of Bid submission.
10. Correspondence Address
later
to
technically
In-Charge (Marketing)
Pawan Hans Ltd.
Corporate Office,
C-14, Sector-1, NOIDA-201301,
Distt Gautam Budh Nagar (U.P.).
Ph-0120-2476735, 2476759
Fax-0120-2476979
The Proposal will be governed by the instructions to bidder as per General Terms &
Conditions and Special Terms & Conditions.
„TWO BID SYSTEM' shall be followed for this Tender. Bidder should take due care to
submit tenders in accordance with requirement in sealed covers. PHL shall have the right
to accept/reject or prefer any Bid without assigning any reason whatsoever including
rejecting the lowest quoted bid.
Yours faithfully,
FOR PAWAN HANS LTD.
4
INDEX
THE SET OF BID DOCUMENT CONTAINS THE FOLLOWING:
SL. NO.
DESCRIPTION
1.
Letter of Application.
6
2.
Instructions to Consultants/Bidders
7-8
3.
Terms of Reference (TOR).
9-10
4.
General Terms and Conditions.
11-19
5.
Special Terms and Conditions.
20
6.
Bid Rejection & Bid Evaluation Criteria
21
7.
Evaluation of Technical Bid
22
7.
Details of Consultant‟s Key Professionals.
23
8.
Format for Price Bid.
24
9.
Information Required
25




PAGE NO.
Form – I
Form – II
Form – III
Form – IV
26
27
28
29
ANNEXURES
A - Integrity Pact
B - Proforma for Bank Guarantee towards Advance
Payment
C - Instructions to Bidders for E-Tendering
********
5
31-46
47-49
50
1.
LETTER OF APPLICATION
(This should be furnished on the letterhead of the applicant)
Registered Business Name of the Consultant: -------------------------------Registered Business Address of the Consultant : ------------------------------Telephone
Fax
To,
In-charge (Marketing)
Pawan Hans Ltd.
Corporate Office,
C-14,Sector-1, NOIDA-201301,
Distt Gautam Budh Nagar (U.P.).
Ph-0120-2476735, Fax-0120-2476979
Dear Sir,
We hereby forward information documents for the following consultancy services:
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------We authorize Pawan Hans Ltd. or its authorized representatives to verify the
statements, documents and information‟s submitted and to clarify the financial and
technical aspects of this application. For this purpose, we hereby authorize any Public
Official, Engineer, Bank Depository, manufacturer, distributor etc or any other person or
firm to furnish pertinent information deemed necessary and requested by Pawan Hans
Ltd. to verify statements and information provided in this application or regarding our
competence and standing.
The name and position of person, who may be contracted for further information, if
required, is as follows:
Name
:
Designation :
Address
:
We declare that the statements made and information provided in the duly
completed application are completed, true and correct in every detail.
Date:
(Authorized Representative of Applicant)
Place:
6
2.
INSTRUCTION TO THE CONSULTANTS/ BIDDERS
2.1
Please go through the enclosed Bid Documents before submission of bids online
through Pawan Hans E-portal.
2.2
Request for Proposal (RFP) documents in PDF format are hereby issued to
only shortlisted consultants on the basis of PHL EoI dated 01st August, 2014
2.3
Please ensure that all documents are submitted in English language.
2.4
Please ensure that the Online bids are submitted under 'Two Bid System‟ viz.
(a) „Technical Bid‟ and (b) „Priced Bid‟ through Pawan Hans E-portal only.
The Bidder in their „Priced Bid‟ should quote rates as per Proforma attached.
2.5
“Technical Bid/ Un-priced Bid” shall contain the following documents signed by
the Authorized person on each page and upload the Scanned copy in collaboration
folder on Pawan Hans Tender Wizard/ E-Portal:
2.5.1 Details as per Srl No. – 4 of the General Terms and Conditions i.e.
Documentary evidence in respect of Consultancy work handled such as
appointment letters, completion certificate, description of the work and
details of key professionals who handled the work to be submitted.
2.5.2 Description covering the methodology/ work plan, detailed activity schedule,
proposed timelines for completion of work.
2.5.3 Details of Consultant‟s Key Professionals as per Proforma attached at
Srl.NO.7. CV of the Team Leader and Key Professionals to the proposed
job to be attached.
2.5.4 EMD Rs.25,000/- in form of Bank Draft/ Pay Order from a Nationalized
Bank in favour of “Pawan Hans Ltd.” Payable at New Delhi/ Noida.
Scanned Copy of Bank Draft/ Pay Order shall be attached with the
Technical Bid, to be submitted through Pawan Hans E-portal and original
need to be submitted in a separate sealed envelope before the due
date/time of Bid submission.
2.5.5 Letter of Application as per Proforma attached at Srl.No.1.
2.6
Price Bid should clearly quote a fixed lumpsum amount in Rupees (Indian
Currency).This amount shall be inclusive of all taxes including service tax,
duties, fees, levies and other charges imposed under the applicable law of
the Consultant and their personnel. Other than the amount quoted in the priced
bid, no other charge/expense/surcharge/additional amount will be payable. Please
ensure that the „Priced Bid‟ should be submitted on-line only, as per Proforma
attached. The Consultant shall submit the financial quote unconditionally.
Conditional offer shall be considered non responsive and is liable to be
rejected.
2.7
The bidders are requested to submit Technical Bid/ Price Bid through Pawan
Hans E-portal only, along with all required & relevant documents and Priced
Bid as per proforma given in the E-Tender in the separate E-folder only.
7
2.8
Bidders are required to upload the scanned copy of technical Bid in the
folders prescribed for „Technical Bid‟. For Price Bid, bidders must fill their
quote online in the Excel Sheet and Digitally Signed the same for uploading
on Pawan Hans Tender Wizard/ E-Portal. (www.tenderwizard.com/PAWANHANS)
2.9
An Authorized Representative of the Firm shall initial on each page of the
Bid document with Company Seal.
2.10 Tender Processing Fee : Applicable Tender processing fee will be charged
from the bidders towards processing of E-tender. Details of same are
provided in the Pawan Hans Tender Wizard.
2.11 Bidders are required to submit following documents in original in sealed
envelope, indicating the tender reference, bidder‟s name.
1. EMD Amount of Rs. 25,000/- by Demand Draft/ Pay Order from a
Nationalized Bank in favour of “Pawan Hans Ltd.” Payable at New Delhi/
Noida.
2. Integrity Pact (signed and Stamped by an Authorized Official of the Bidder).
3. Bidder‟s Authorization Letter, authorizing an official to sign the Bid on
behalf of the Bidder.
4. CA Certificates indicating Bidders Net Worth (as on 31st March, 2014)
and Turnover as Business Consultancy (for years 2011-12, 12-13 & 1314). Copy of the same may be provided in the Technical Bid, in case
Original CA Certificate has been submitted along with EoI.
5. Any other document required as per Tender Document.
6. Bidders are requested to submit the above documents to :
In-charge (Marketing)
Pawan Hans Ltd., Corporate Office,
C-14, Sector-1, NOIDA-201301,
Distt. Gautam Budh Nagar (U.P.).
Ph-0120-2476735, 2476759, Fax-0120-2476979
Bidders shall ensure that your Online bid is submitted by the due date/time and the
documents required in original must reaches the office of Pawan Hans Ltd. before
the bid due date/time. PHL shall not be responsible if the Bid documents are
misplaced/ delayed in transit and not received at the above office by the prescribed date
and time.
Note: Bidder may ensure that their responsive Bid/ Document shall be serially arranged
as per RFP Document with Index and page nos. and duly signed/ stamped by an
Authorized Signatory of the Bidder.
*******
8
3.
TERMS OF REFERENCE
The Terms of Reference for the Consultant would be as under : 
Develop Customer Survey(s) for PHL to gather objective and subjective
feedback on PHL performance and market position in the Aviation/Service
industry. The survey shall mainly target existing customer of Pawan Hans

Complete the survey by carrying out primary and secondary data/response
gathering. Survey will required to be administered to PHL Customer types i.e.
Offshore, Onshore, State Govts./PSU and other (as per the details given at
Page 2 of RFP Document .

Develop comprehensive survey findings; submit a detailed report containing the
following:
 Introduction
 Executive Summary (Summary problem statement, methodology and
outcome)
 Details of Methodology followed- Sample sizes, scale type used, survey
method, data sources etc.
 Amended Proformas, if any, developed for measuring Customer
Satisfaction of various customer types and various specific customers (if
proposed to be different for various customers)
 Data obtained through administering the surveys (primary data)
 Data obtained through secondary research (secondary data)
 Data obtained (if any) through reusing customer feedback information
available with PHL from its various bases (if available)
 Customer satisfaction rating of various customer types and various
specific customers.
 Overall Customer satisfaction rating of PHL.
 Customer type/segment wise analysis of customer satisfaction rating
obtained and suggestions for improvement
 Individual Customer specific analysis of customer satisfaction rating
obtained and suggestions for improvement
 Overall Customer satisfaction rating analysis of PHL and its benchmarking
as compared to Industry i.e. local (Domestic) and International operators
(Helicopter/Airlines) may be provided.
 Suggestions for further improvement of PHL Customer Satisfaction
Ratings.
 Any further inputs desired by PHL during the study.
.
9
General Guidelines for Consultants.
The Consultant would be working in coordination with Pawan Hans Ltd. (PHL) on
delivering on this assignment.
The above requirements would enable the consultant to get a better understanding
of the task of hand. PHL would endeavor to provide any information and reports, if
available, at its end and if useful to enable the consultant to carry out the task.
Therefore, Information and inputs available with the Company could also be utilized
to supplement Consultant expertise in development of customer satisfaction ratings
and experience in Aviation and Tourism for the assignment.
The consultant would be required to work upon aggressive timelines of delivery of
the full assignment.
PHL shall have the right to vary the Terms of Reference/ enlarge scope of work
wherever it is considered necessary from the point of view having a comprehensive
and relevant customer satisfaction rating.
***************
10
4.
GENERAL TERMS & CONDITIONS
(i) Eligibility Criteria
-
Bidder should be a professional agency having experience in the field of
preparation and execution/administering of Customer Surveys/Market Research
(including product/market survey) for minimum last 7 years for PSUs,
Multinational companies, PSU JVs etc (as on 31st July, 2014).
-
Bidder should essentially have office either at Delhi/NCR or Mumbai with total
professional manpower strength of not less than 25.
-
Annual Turnover as Business Consultancy of the Bidder should not be less than
Rs. 1.00 crore (average) for the last 3 consecutive financial years (2011-12,
2012-13, 2013-14). To be duly certified by practicing/authorized Chartered
Accountancy firm.
-
Net worth of the Bidder (as on 31st March, 2014) should not be less than 40% of
Rs.1.00 Crore i.e. Rs 40 Lakhs. To be duly certified by practicing/authorized
Chartered Accountancy firm.
Bids of only those bidders meeting the eligibility criteria as above will be scored as per
technical bid evaluation criteria (Para 6.0) before opening of price bids.
The Bidders are required to submit CA Certificate in original for above criteria (Net
Worth and Turnover).
Copy of the CA Certificate may be submitted, in case the original has already been
submitted alongwith the EoI dated 01st August, 2014.
4.1
VALIDITY OF BIDS
Bids must be valid for 03 months from the date of submission.
4.2.
SUBMISSION OF BIDS
The bidders are requested to submit their bids online through Pawan Hans Eportal under „two bid system‟ before the closing date & time.
The “Bid” should contain the following :4.2.1. “Technical Bid”
4.2.2. The Technical Bid should provide the following information failing
which the Proposal shall be summarily rejected. :a. Experience of the Firm with respect to similar projects i.e. Aviation Industry
and experience in preparation of customer satisfaction surveys. In addition,
experience of firm in carrying out other types of customer research surveys/
market research may be provided. Documentary evidence such as
appointment letters, completion certificate, description of the work and details
of key professionals who handled the work to be submitted.
b. Methodology and Work Plan i.e. Understanding of objectives and TOR, Work
Plan, Quality of methodology and innovativeness. Bidder is required to provide
11
a description covering all the above aspects in detail so as to clearly
understand their approach in undertaking the work and their ability to
accomplish the assignment culminating into a qualitative output. Detailed
activity schedule specifying inter-alia the tasks and duration of each
component of assignments. Project management and quality control
methodology to be followed may also be detailed.
c. Availability of Professionals manpower in Proforma attached at Srl.No.7 Key Personnel to be assigned for the proposed job in a dedicated way with
regular interaction for the assignment. Proposed team structure to de depicted.
Team Leader (Qualification & Experience) and Other Professionals – Min. 02
nos. (Qualification & Experience). Team Leader should have MBA degree
from reputed institution and atleast 15 years post qualification experience
in preparation of consumer/ customer surveys/ market research. The other
Professionals should be professionally qualified with minimum 5 years post
qualification experience. CV of the Team Leader and Key Professionals duly
signed by them (in blue ink- no photocopies) should be attached.
d. Consultant‟s Resources (Domestic & Global) - A detailed description of
technical resources and Quality management systems of the Bidder would be
required to be enclosed with the Bid.
4.2.3
EMD of Rs.25,000/- by way of Bank Draft/Pay Order (in original).
4.2.4
Proforma Tender Letter attached at Srl.No.1.
4.2.5 The Technical Bid, if reflects financial proposal or accompanies
financial proposal, the Bid shall be summarily rejected. Bidder‟s
financial quote must be filled in the Excel sheet provided under Pawan
Hans E-Tender „Price Bid‟ Folder only. No other mode for financial bid
will be accepted.
4.2.6 Authorization letter in favour of person signing the bid (Clause 4.5).
4.2.7 Signed Integrity Pact as placed at Annexure A.
4.2.8 „Priced Bid‟
4.2.8.1 The Bidder is required to quote a lumpsum fees inclusive of all
expenses and taxes as per Proforma attached at Srl. No.8.
4.2.8.2 The Bidder shall in no way deviate from the Technical requirements. In
case the above information is found to be incorrect later on after
opening of price bids then their bids will be rejected and the bidder will
be debarred for next three years.
An Authorised Representative of the Firm shall initial on all the pages of the
proposal.
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4.3
EVALUATION OF BIDS AND SELECTION PROCEDURE
A single-stage procedure shall be adopted in evaluating the proposals.
Consultants qualifying in technical proposal will be eligible for financial evaluation.
After checking responsiveness of the Technical proposal in terms of having
provided the requisite data, relevant experience documents and information etc,
authorization letter, Earnest Money Deposit, the Technical Proposals shall be
evaluated as per Evaluation Criteria and Marking system as mentioned in the
Proforma attached at Srl.No.6. Technical Bids without EMD shall be summarily
rejected.
After evaluation of Technical Bid, Price Bid of the Technically Qualified
Bidders who score 70 or above marks would be opened on the date and time
informed later on. The Price Bid of the Lowest Bidder shall be finally selected.
The unopened sealed envelope containing Price Bid of unqualified Bidders shall
be returned.
4.4.
LANGUAGE
Tender papers shall be filed complete in all respect and shall be submitted
together with requisite information and Annexure. It shall be completed and free
from any ambiguity, change of inter-lineation. Any corrections should be
countersigned. The bid and any annotation or accompanying documentation shall
be in English language only.
Bidder shall set their quotations in firm figures and without any qualifications. Each
figures stated shall also be repeated in words. In the event of discrepancy between
the amount as stated in figures and in words the rate quoted in words shall be
deemed to be correct amount. Bids qualified by vague and indefinite expressions
such as 'subject to minimum acceptance' or 'subject to availability' etc. shall be
liable for disqualification, without recourse to the Bidder.
4.5.
LEGAL CONSTITUTION
Bidders shall clearly indicate their legal constitution and the person signing the
tender shall state his capacity and also the source of his authority to bind the
bidder. The power of attorney of authorization or any other document constituting
adequate proof of the authority of the signatory to bind the bidder shall be annexed
to the tender. PHL may reject outright any tender unsupported by adequate proof
of the signatory's authority.
4.6
The bid shall be submitted by the Bidder directly under his letter head.
4.7.
FAX /E.MAIL OFFERS
Fax and e-mail offers will not be considered.
13
4.8.
MAILING ADDRESS/TELEGRAPHIC/TELEX ADDRESS
The tender documents and offer shall be signed on each page. The bidder should
indicate the full mailing address with contact details and telegraphic/telex address.
4.9.
ANY CHANGE IN THE FORMAT
The offer should strictly adhere to the prescribed format so as to facilitate
PHL to consider and evaluate them properly. Any change in the format may
cause rejection of the bid.
4.10
MODIFICATION OF BID AFTER CLOSING DATE
In case certain clarifications are sought by PHL after opening of tenders, then the
reply of the bidder should be restricted to the clarifications sought. Any bidder who
modifies his bid after the closing date without specific reference by PHL shall
render the bid liable to be ignored and rejected without notice and without further
reference to the bidder and his EMD will be forfeited.
4.11
BID VALIDITY EXTENSION
PHL shall have right for extension(s) of Bid validity at its sole discretion. In case a
bidder/ bidders do not agree to the extension(s), the bid bond would be returned to
those bidder/bidders.
4.12
EMD
The EMD in respect of the unsuccessful bidder shall be released after issue of
Appointment Letter to successful Consultant. The EMD in respect of successful
Consultant shall be retailed till submission of performance Bank Guarantee.
PHL shall have an unqualified option to forfeit the EMD amount in the event of
following :a)
if the tender is withdrawn during the validity period or any extension thereof
agreed by the bidder.
b)
if the tender is varied or modified in a manner not acceptable to PHL during
the validity or agreed extension of the validity or after issue of Letter of
Appointment (LOA) by PHL.
c)
if the successful bidder is seeking modifications to the agreed terms and
conditions.
d)
if the successful bidder refuses to satisfactorily carry out/undertake operations
at any time of operations for whatsoever reasons till a valid Performance
Bank Guarantee is given to PHL.
Bids received without EMD will be rejected. The original Bank Draft/ Pay Order
towards EMD must be sent to Pawan Hans office in a sealed envelope before
the due date/time of submission.
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4.13
PERFORMANCE BANK GUARANTEE
The successful bidder shall furnish the required Performance Bank Guarantee
(10% of total contract value) from any Nationalized Bank or Scheduled Bank in
India, as per Annexure-B II, with a validity period of upto 2 months (beyond the
contract period) within 5 (five) days of issue of LOA.
4.14
DATE OF BID SUBMISSION AND OPENING OF BIDS
Bidders must submit their Bids online on Pawan Hans E-Portal on or before 1400
hours (IST) on 20th November, 2014. Late bids will not be accepted or
considered. Technical Bid (online) shall be opened at 1430 hours on
20th November, 2014.
4.15
RATES
The rates quoted by the bidder must be firm and fixed, without any qualification
and should be inclusive of all expenses towards traveling, boarding, lodging, taxes
(including service tax), levies, duties, costs etc. leviable including personal tax
liabilities of the Bidder. The bidders shall, therefore, confirm this aspect in their bid
categorically. Income Tax, as applicable in India, will be borne by the Bidder.
4.16
CORRUPT AND FRAUDULENT PRACTICES
PHL requires that bidders/ contractors observe the highest standard of ethics
during the execution of contract. In pursuance of this policy, the Employer:
a.
Defines, for the purposes of this provision, the terms set forth below as
follows :
i. „Corrupt Practice” means the offering, giving or soliciting of anything
of value to influence the action of a public official in the
procurement process or in contract execution; and
ii. „Fraudulent practice‟ means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract
to the detriment of the Employer, and includes collusive practice
among bidders(prior to or after bid submission) designed to
establish bid price at artificial non-competitive levels and to deprive
the Employer of the benefits of free and open competition;
b.
Will reject a proposal for award if it determines that the bidder recommended
for award has engaged in corrupt or fraudulent practices in competing for the
contract in question.
c.
Will declare a firm ineligible and put on holiday, either indefinitely or a
for a stated period of time if it at any time determines that the firm has
engaged in corrupt or fraudulent practices in competing for, or in executing a
contract
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4.17
INTEGRITY PACT
The bidders to the RFP are required to sign the integrity pact and sent in original
before the due date/time of submission of Bids. Format of Integrity Pact is Attached
at Annexure A.
4.18
COMMENTS AND OBLIGATIONS OF THE „COUNTERPARTY‟
a. The Counterparty, directly or indirectly (through agent, consultant, advisor,
etc.), shall not pay any bribe/ influence or give undue/ unlawful benefit to
anyone to gain undue advantage in dealing with PHL.
b. The Counterparty will not engage in collusion of any kind including price
fixation etc. with other counterparts.
c. The counterparty will not pass PHL confidential information to any third party
unless specifically authorized by PHL in writing.
d. The Counterparties shall promote and observe best ethical practices within
their respective organizations.
e. The Counterparty shall inform the Independent External Monitor.
f. If it received any demand, directly or indirectly, for bribe/ favour or any
illegal gratification/ payment / benefit;
g. If it comes to know of any unethical or illegal payment / benefit;
h. If it makes any payment to any PHL associate.
i. The Counterparty shall not make any false or misleading allegations against
PHL or its associates.
4.19 VIOLATIONS AND CONSEQUENCES
a. If a counterparty commits a violation of its commitments and obligations under
the Integrity Pact Programme during bidding process, their entire Earnest Money
Deposit / Bid Security, would be forfeited an in addition, they may be blacklisted
from the PHL business in future.
b. In case of violation of the Integrity Pact by Counterparty after award of the
Contract, PHL shall be entitled to terminate the Contract. PHL would forfeit the
security deposits, encash the bank guarantee(s) and other payments payable to
counterparty in such cases.
c. Subject to satisfaction on the Independent External Monitor, PHL may ban/
blacklist/ put on holiday and exclude the counterparty from future dealing
until PHL is satisfied that the counterparty shall not commit any such
violation in future.
d. In addition to above, PHL reserve its right to initiate criminal proceedings against
the violating counterparty, if the allegations by counterparty are found frivolous,
untrue and misleading and may also impose exemplary cost for the same.
e. The counterparty will be entitled to claim as determined by the Independent
External Monitor, if the above (d) is found incorrect.
16
4.20
ISSUE OF APPOINTMENT LETTER
The Letter of Appointment of Consultant shall be issued which would cover all the
Tender conditions as given in the RFP document. Acceptance to the Appointment
Letter shall be immediately (within 48 hours) given by the shortlisted consultant.
4.21
STANDARD CLAUSES OF LETTER OF APPOINTMENT
The following standard clauses would be included in the formal Letter of
Appointment :4.21.1 Arbitration
In the event of any dispute or difference relating to the interpretation and
application of the provision of this Tender, such dispute or difference shall be
referred by either party to the arbitration under the Arbitration & Conciliation Act
1996. The Arbitration shall be made by a sole arbitrator nominated by CMD of
Pawan Hans Ltd. The award of the Arbitrator shall be binding upon the parties to
the dispute. The parties to the dispute will share equally the cost of arbitration as
intimated by the Arbitrator". Place of Arbitration shall be Delhi.
The Laws of India shall be applicable.
4.21.2 Force Majeure
If by Force Majeure any party is rendered unable wholly or in part to carry out its
obligations under this Tender or is delayed in carrying out its obligations under this
agreement such party shall as soon as possible and in any event not later than 24
hours after the date of commencement of such force majeure give written notice
thereof to the other party stating the nature, date of commencement, effect and
expected duration of such Force Majeure. All obligations of the parties hereunder
including the obligations to pay money in respect for the said period shall be
suspended during the continuance of such Force Majeure. The party claiming
Force Majeure shall use due diligence to remove the effects of such Force
Majeure at earliest possible. The party claiming Force Majeure shall use its best
endeavor to carry out during the period this Agreement is suspended, any
obligation not affected by such Force Majeure subject to Agreement between the
parties as to reasonable terms and conditions under which any such obligations
may be carried out. If Force Majeure is expected to continue for more than 07
days, the PHL may terminate the appointment by giving atleast 02 days written
notice to other party.
4.21.3 Termination Clause
PHL shall have right to Terminate appointment at any stage and shall not
be bound to pay any amount for any job done till successful completion of
the assignment.
4.21.4 Liquidated damage clause
LD will be levied @ Rs.5000/- per day of delay or part thereof in case of
delay in commencement of work, submission of Draft Report and
17
submission of Final Report subject to a Maximum LD of 10% of the total
value of the contracted amount can be deductable /adjustable from EMD/
Bills.
4.21.5 Duties & taxes
All taxes, duties, levies, fees, charges, costs etc. shall be borne by the
Consultant.
4.22
PHL shall have the right to accept/reject or prefer any Bid without assigning any
reason whatsoever including rejecting the lowest quoted bid.
4.23
PHL shall not entertain any third party involvement in the contract nor any
commission/brokerage shall be allowed to be paid to any third party whether within
or outside India.
4.24
Conflict of Interest
The consultant shall not receive any remuneration in connection with the
assignment except as provided in the contract. The consultant and its affiliates
shall not engage in consulting activities that conflict with the interest of the client
and shall be excluded from any other service related to the assignment other than
a continuation of the “Services”. It should be the requirement of the consultancy
contract that the consultants should provide professional, objective and impartial
advice and at all times hold the client‟s interests paramount, without any
consideration for future work, and that in providing advice they avoid conflicts with
other assignments and their own corporate interests. Consultants shall not be
hired for any assignment that would be in conflict with their prior or current
obligations to other clients, or that may place them in a position of being unable to
carry out the assignment in the best interest of the Employer.
4.25
All information would be made available to all short listed consultants together.
4.26
Professional Liability.
The consultant is expected to carry out its assignment with due diligence and in
accordance with prevailing standards of the profession. As the consultant‟s liability
to the employer will be governed by the applicable law. They should ensure that
(a) there must be no such limitation in case of the consultant‟s gross negligence or
willful misconduct; (b) the consultant‟s liability to the employer would in no case be
limited to less than the total payments expected to be made under the consultant‟s
contract, and (c) any such limitation may deal only with the consultant‟s liability
toward the employer and not with the consultant‟s liability toward third parties.
4.27
Staff Substitution
During an assignment, if substitution is necessary (for example, because of ill
health or because a staff member proves to be unsuitable, or the member is no
longer working with the consultant), the consultant shall propose other staff of at
least the same level of qualifications and experience for approval by the Employer.
18
4.28
Standards of ethics
The consultants should observe the highest standard of ethics during the selection
and execution of such contracts.
4.29
Monitoring of the Contract:
PHL after appointment of the consultant throughout in the execution process shall
be monitoring the progress of the assignment.
*************
19
5.
SPECIAL TERMS AND CONDITIONS
5.1
Payment Schedule
The lump-sum fees which is inclusive of all expenses towards traveling, boarding/
lodging and other incidental expenses and service tax would be payable on the
achievement of following milestones :
(a)
Signing Amount 20% payable on appointment backed by matching
bank guarantee issued by a Scheduled Nationalized bank in India after
independent confirmation from PHL.
(b)
Next 50% payable after 10 days from submission of final draft report.
(c)
Balance 30% payable within 30 days after acceptance of final report by
Competent Authority.
(d)
The payment shall be made under RTGS/ECS transfer etc. upon receipt
of bank details from the bidder along with bill.
Pawan Hans would not be liable to pay any other charges other than the lumpsum
Fee as quoted by the successful bidder in the Priced Bid.
5.2
PROPOSED SCHEDULE OF COMPLETION OF ASSIGNMENT
(a)
Commencement of Assignment (Proposed) : Within 7 days of issuing of LoA
(b)
Submission of draft report (in duplicate)
(c)
Submission of Final Report & Presentation : Within one week (after PHL approval
(six Color copies and in DVD)
on draft report)
5.3
: Within 15-Days after commencement
of Assignment
INTERNAL RESOURCE CO-ORDINATOR
In-charge (Marketing) would endeavor to provide all available information,
co-ordinate meetings with the Company officials and interact with Consultant on
regular basis and he would be fully supported by other Committee Members.
5.4
GENERAL
(i)
Any information/document furnished by Pawan Hans and the report submitted
by the Consultant would be treated in strict confidence and not utilized for any
other purpose / client and shall be returned back after study.
(ii)
If required, the Consultant will arrange to make separate presentations to the
Company at any of its office/base in India (including to the board, if required) at
any time but not later than 30 days of the presentation of final report.
*************
20
6. BID REJECTION and BID EVALUATION CRITERIA
The Bid Rejection and Bid Evaluation Criteria for appointment of consultant for
conducting Customer Satisfaction Survey for PHL are given hereunder :(A) BID REJECTION CRITERIA
The following vital Tender conditions should be strictly complied with in all
respects and confirmed by the Bidder, failing which the Bid will be rejected prior to
the commencement of Evaluation of Technical Bid : 1. Please ensure that the bids are submitted online through PHL E-Portal, under 'Two
Bid System‟ viz. (a) „Technical Bid‟ and (b) „Priced Bid‟. The Bidder in their „Priced
Bid‟ should quote rates as per Proforma Excel Sheet attached. Complete Bid
should be serially arranged with Page Nos., Index and Signed & stamped on each
page from an Authorized Signatory of Bidder.
2. Details as per Srl No. – 4 of the General Terms and Conditions i.e. Documentary
evidence in respect of Consultancy work handled such as appointment letters,
completion certificate, description of the work and details of key professionals who
handled the work to be submitted.
3. Description covering the methodology/ work plan, detailed activity schedule,
proposed timelines for completion of work.
4. Details of Consultant‟s Key Professionals as per Proforma attached at Srl.NO.7. CV
of the Team Leader and Key Professionals to the proposed job to be attached.
5. EMD Rs.25,000/- in form of Bank Draft/Pay Order from a Nationalized Bank in
favour of “Pawan Hans Ltd.” Payable at Delhi/ Noida.
6. Letter of Application as per Proforma attached at Srl.No.1.
7. Price should be quoted strictly as per „Price Bid Proforma‟ in INR only, in the Pawan
Hans E-Portal only. Conditional offer shall be considered non responsive and is
liable to be rejected.
21
B.
EVALUATION OF TECHNICAL BID (Refer Para 4.3 of General Terms &
Conditions)
Criteria
Score (Total Marks :100)
1. Consultant‟s
Specific
Experience
in
preparation and execution/administering of Total Marks : 20 Max
Customer Surveys/Market Research
a. Experience in preparation of comprehensive
customer/consumer satisfaction surveys or
consumer/ customer market research.
10 marks max. (5 marks each
minimum value Rs 03.00 lacs)
b. Experience of above project(s) in Aviation 10 marks max. (5 marks each
Industry
minimum value Rs 03.00 lacs)
2. Methodology and Work Plan.
Nil marks for no project or project
value less than Rs 03.00 lacs.
Total Marks : 30 Max
a. Understanding of objectives
b. Work Plan and Quality of methodology
c. Innovativeness
10 marks max.
10 marks max.
10 marks max.
3. Key Personnel to be assigned for the Total Marks : 30 Max
proposed job in a dedicated way with regular
interaction for the assignment.
a. Team Leader (Qualification & Experience)
15 marks max.
b. Other Professionals – Min. 02 nos.
15 marks max.
(Qualification & Experience)
Points to be assigned to each of the above
positions shall be determined considering the
qualification (5-marks) & relevant experience
(10 marks) for Team Leader and 2.5 marks for
qualification and 5 marks for experience for
each of the other professionals.
4. Consultant‟s Resources (Domestic & Global)
Total Marks : 10 Max
 Technical resources
 Quality management systems
5. Experience in dealing with PSUs
5 marks max.
5 marks max.
Total Max Marks: 10
 1 to 3 PSUs
 3 or above PSUs
Minimum Technical Score
05 Marks Max
10 Marks Max
70
PHL shall be free to use any information already submitted by the bidder in EOI response
during evaluation of this RFP as well.
22
7.
DETAILS OF CONSULTANT‟S KEY PROFESSIONALS
Name of the Consultancy Firm:
Sr. Name of the
Educational
No Team Leader Qualification
and key
Professionals
(to be
supported
with CV as
specified)
1
2
3
No and brief detail of
Projects/assignments
handled for preparation
of comprehensive
customer/consumer
satisfaction surveys or
consumer/ customer
market research
4
23
Consultancy
Experience in
Aviation i.e.
Airline/helicopter
Industry and
Tourism
5
8. “Priced Bid” proforma
(To be submitted on-line in the Excel Sheet provided, through
Pawan Hans E-Portal only)
PAWAN HANS LIMITED
SELECTION OF CONSULTANT FOR CONDUCTING CUSTOMER SATISFACTION
SURVEY
Tender No.PHL/CO/Mktg./4817/74
„FIXED AND FIRM RATES‟ TO BE SUBMITTED WITH BID
Company Name
: _______________________________________
The following lumpsum rates quoted shall include all expenses towards traveling,
boarding, lodging, all taxes including service tax, levies, duties, costs etc. including
personal tax liabilities of the Bidder.
Gross Amount before service tax (Rs.) :________________________
Service Tax :________________________
Total Amount with service tax (Rs.) :________________________
Name _________________________
Designation_______________________
Date _______________________
24
INFORMATION REQUIRED
1.0
Consultant‟s including individual firms and consortiums are requested to
provide the following information with necessary supporting documents.
i)
Consultants identification data as per enclosed Form – I.
ii) Consultants previous experience details as per enclosed Form – II.
iii) Experiences in execution of similar consultancy work with details to be
furnished. Copies of the Letter of Appointment/ Work Order and
Completion Certificate are to be furnished as supporting documents
indicating time / financial over run, of consultancy work, if any.
iv) Consultant‟s resources including equipment and facilities for preparation
of reports and drawings facilities and other relevant details are to be
furnished.
v) Consultants current jobs in hand to be furnished as per Form – III.
vi) Details of litigation / civil suit for the consultancy work executed by the
consultant during last 7 years as per Form – IV.
2.0
Following documents are required to be submitted by Consultants along with
application.
(i)
List of similar works carried out during last 7 years (as on 31st July, 2014)
with copies of Letter of Appointments and Completion Certificate etc
issued by the clients.
(ii)
Audited Annual Accounts for last 3 financial years, FY 2011-12, 2012-13 &
2013-14 (including Balance Sheet and Profit & Loss Account).
(iii)
Copy of Registration of Service Tax/ Income Tax Clearance Certificate
(ITCC)/PAN Number and Memorandum/ Articles of Association, Certificate
for firm, partnership deed, and trust deed.
(iv)
List of qualified and experienced key personnel of the consultants for
designing/study as well as execution along with complete bio-data and
exact nature and duration of their experience shall be furnished.
(v)
Organization chart of consulting firm showing delegated authority of the
Key Persons proposed to deploy in the project /work.
(vi)
Copies of Performance/ Experience Certificates issued by clients,
establishing the agency‟s credibility of timely completion of similar jobs
successfully shall be furnished.
(vii) Copies of awards received, if any, (international / national / state level).
(viii) In case the consultant proposes to get specialized design/ study done
through their associates, proper MOU with the respective associates
along with their bio-data shall have to be furnished with this EOI bid itself.
3.0
Incomplete application or application without supporting documents will not
be considered and are liable to be rejected. Bid Documents need to be signed
and stamped by an Authorized Signatory of Bidding Organization.
**********
25
Form – I
Consultant‟s Identification Data
I
IN CASE OF INDIVIDUAL
i)
ii)
iii)
iv)
v)
II.
Name of Business
Name of Owner
Whether his business is registered.
Date of Commencement of Business
(If applicable) Whether the Architect is registered with the council of
Architect and If yes, Registration Number
IN CASE OF PARTNERSHIP
(i) Name of Partners.
(ii) Reference of Partnerships Registration
(iii) Date of Establishment of Firm
(iv) Copies of partnership deed, if any.
(v) Name of Registered Consultant with Reg. No.
III)
IN CASE OF COMPANY LIMITED BY SHARES.
i.
ii.
iii.
iv.
Amount of paid-up capital
Name of Directors
Date of Registration of company
Certified copies of Memorandum and Articles of Association of
Company.
Signature of authorized
Representative of Consultant
26
Form II
Details of Similar Consultancy work / study completed during past seven years (as on 31st July, 2014)
S.No Brief description of
work/study
1
2
Consultant’s
Fees
Value of
work/study
Scheduled
Completion
Time in Months
3
4
5
Actual
Completion
Time in
Months
6
Date/year of Full Postal Address of
Completion Client & Name of Officer –
in-charge with Phone No.
7
8
Signature of authorized
Representative of Consultant
Note : Attach separate sheet if necessary.
Completion Certificate from Clients to be attached.
27
Form III
Details of Current jobs in Hand (As on 30th Sept, 2014)
S.N
o
Full Post Address
of Clients & Name
of Officer-incharge with Phone
No.
1
2
Brief description of
work/study
Undertaken by the
Consultants
3
Consultant’s
Fees
Value of
Work/Study
Date of
Commencem
ent
4
5
6
Scheduled
Completion
Time as on
Date
7
Percentage
completion as
on date
Expected date
of completion
Present
status of the
project
8
9
10
Note : Attach separate sheet if necessary.
Certified that the above information is correct.
Note: Letter of award/Certificate issued by client to be attached.
Signature of authorized representative
28
Form -IV
Summary of civil suits/litigation/arbitration cases in contracts executed during last seven years
S.No
Name of
work/study
1
2
Name & address
with telephone
number of the
client
3
Scheduled/Actual
completion dare
Reason for civil suit
/Litigation/arbitration
case
Date of Civil suit
/Litigation/arbitration
case
4
5
6
Present
Status
7
Remarks
8
Signature of authorized representative
29
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30
Annexure – A
INTEGRITY PACT
Between
Pawan Hans Ltd. (PHL) hereinafter referred to as “The Principal”,
and
hereinafter referred to as “The Bidder/ Contractor”
PREAMBLE
The Principal intends to award, under laid down organizational procedures,
contract(s)
for
________________________________________.The
Principal values full compliance with all relevant laws of the land, rules,
regulations, economic use of resources and of fairness/transparency in its
relations with its Bidder(s) and/or Contractor(s).
In order to achieve these goals, the Principal will appoint an Independent
External Monitor (IEM), who will monitor the tender process and the
execution of the contract for compliance with the principles mentioned above.
Section 1 – Commitments of the Principal
1. The Principal commits itself to take all measures necessary to prevent
corruption and to observe the following principles:a. No employee of the Principal, personally or through family
members, will in connection with the tender for, or the execution of
a contract, demand, take a promise for or accept, for self or third
person, any material or immaterial benefit which the person is not
legally entitled to. The word „take‟ shall also include the past and
future.
b. The Principal will, during the tender process treat all Bidder(s) with
equity and reason. The Principal will in particular, before and during
the tender process, provide to all Bidder(s) the same information
and will not provide to any Bidder(s) confidential/additional
information through which the Bidder(s) could obtain an advantage
in relation to the tender process or the contract execution.
c. The Principal will exclude from the process all known prejudiced
persons and persons who would be known to have a connection or
nexus with the prospective bidder.
2. If the Principal obtains information on the conduct of any of its employees
which is a criminal offence under the IPC/PC Act or the conduct rules of
the Principal, or if there be a substantive suspicion in this regard, the
Principal will inform the Chief Vigilance Officer and in addition can initiate
disciplinary actions.
31
Section 2 – Commitments of the Bidder(s)/ contractor(s)
1. The Bidder(s)/ Contractor(s) commit themselves to take all measures
necessary to prevent corruption in their dealings with PHL. He commits
himself to observe the following principles during his participation in the
tender process and during the contract execution.
a. The Bidder(s)/ Contractor(s) will not, directly or through any other
person or firm, offer, promise or give to any of the Principal‟s employees
involved in the tender process or the execution of the contract or to any
third person any material or other benefit which he/she is not legally
entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the tender process or during the execution of the
contract.
b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any
undisclosed agreement or understanding, whether formal or informal.
This applies in particular to prices, specifications, certifications,
subsidiary contracts, submission or non-submission of bids or any other
actions to restrict competitiveness or to introduce cartelisation in the
bidding process.
c. The Bidder(s)/Contractor(s) will not commit any offence under the
relevant IPC/PC Act; further the Bidder(s)/ Contractor(s) will not use
improperly, for purposes of competition or personal gain, or pass on to
others, any information or document provided by the Principal as part of
the business relationship, regarding plans, technical proposals and
business details, including information contained or transmitted
electronically.
d. The Bidder(s)/Contractors(s) of foreign origin shall disclose the name
and address of the Agents/representatives in India, if any. Similarly the
Bidder(s)/Contractors(s) of Indian Nationality shall furnish the name
and address of the foreign principals, if any. Further details as
mentioned in the “Guidelines on Indian Agents of Foreign Suppliers”
shall be disclosed by the Bidder(s)/Contractor(s).Further, as mentioned
in the Guidelines all the payments made to the Indian
agent/representative have to be in Indian Rupees only. Copy of the
“Guidelines on Indian Agents of Foreign Suppliers” is placed at (Page
nos. 7-8)
e. The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any
and all payments he has made, is committed to or intends to make to
agents, brokers or any other intermediaries in connection with the
award of the contract.
f. This integrity pact shall override the confidentiality clause, if any, in the
offer submitted by the Contractor/Bidder and in the agreement entered
into by the Principal with the Contractor/Bidder.
2. The Bidder(s)/Contractor(s) will not instigate third persons to commit
offences or acts outlined above or be an accessory to such offences.
32
Section 3- Disqualification from tender process and exclusion from future
contracts
If the Bidder(s)/Contractor(s), before award or during execution has committed
a transgression through a violation of Section 2, above or in any other form such
as to put his reliability or credibility in question, the Principal is entitled to
disqualify the Bidder(s)/Contractor(s) from the tender process or take action as
per the procedure mentioned in the “Guidelines on Banning of business
dealings”. Copy of the “Guidelines on Banning of business dealings” is placed at
Page nos. 9-18.
Section 4 – Compensation for Damages
1. If the Principal has disqualified the Bidder(s) from the tender process prior to the
award according to Section 3, the Principal is entitled to demand and recover the
damages equivalent to Earnest Money Deposit/Bid Security and other actual
damages due to the consequential delay.
2. If the Principal has terminated the contract according to Section 3, or if the
Principal is entitled to terminate the contract according to Section 3, the
Principal shall be entitled to demand and recover from the Contractor liquidated
damages of the Contract value or the amount equivalent to Performance Bank
Guarantee.
3. The Contractor/Bidder shall not be entitled to claim from the Principal any
amounts either as damages or otherwise, on account of termination.
Section 5 – Previous transgression
1. The Bidder declares that no previous transgressions occurred in the last 3 years
with any other Company in any country conforming to the corruption approach
or with any other Public Sector Enterprise in India that could justify his exclusion
from the tender process.
2. If the Bidder makes incorrect statement on this subject, he can be disqualified
from the tender process or action can be taken as per the procedure mentioned
in “Guidelines on Banning of business dealings”.
Section 6 – Equal treatment of all Bidders/Contractors/Subcontractors
1. The Bidder(s)/ Contractor(s) undertake(s) to demand from all subcontractors a
commitment in conformity with this Integrity Pact, and to submit it to the
Principal before contract signing.
2. The Principal will enter into agreements with identical conditions as this one with
all Bidders, Contractors and Subcontractors.
3. The Principal will disqualify from the tender process all bidders who do not sign
this Pact or violate its provisions.
33
Section 7– Criminal charges against violating Bidder(s)/Contractor(s)/
Subcontractor(s)
If the Principal obtains knowledge of conduct of a Bidder, Contractor or
Subcontractor, or of an employee or a representative or an associate of a Bidder,
Contractor or Subcontractor which constitutes corruption, or if the Principal has
substantive suspicion in this regard, the Principal will inform the same to the Chief
Vigilance Officer.
Section 8 – Independent External Monitor/Monitors
1.
The Principal appoints competent and credible Independent External Monitor for
this Pact. The task of the Monitor is to review independently and objectively,
whether and to what extent the parties comply with the obligations under this
agreement.
2.
The Monitor is not subject to instructions by the representatives of the parties
and performs his functions neutrally and independently. He shall report to the
Chairman, PHL.
3.
The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access
without restriction to all Project documentation of the Principal including that
provided by the Contractor. The Contractor will also grant the Monitor, upon his
request and demonstration of a valid interest, unrestricted and unconditional
access to his project documentation. The same is applicable to Subcontractors.
The Monitor is under contractual obligation to treat the information and
documents
of
the
Bidder(s)/
Contractor(s)/
Subcontractor(s)
with
confidentiality.
4.
The Principal will provide to the Monitor sufficient information about all
meetings among the parties related to the Project provided such meetings
could have an impact on the contractual relations between the Principal and the
Contractor. The parties offer to the Monitor the option to participate in such
meetings.
5.
As soon as the Monitor notices, or believes to notice, a violation of this
agreement, he will so inform the Management of the Principal and request the
Management to discontinue or take corrective action, or to take other relevant
action. The monitor can in this regard submit non-binding recommendations.
Beyond this, the Monitor has no right to demand from the parties that they act
in a specific manner, refrain from action or tolerate action.
6.
The Monitor will submit a written report to the Chairman, PHL within 8 to 10
weeks from the date of reference or intimation to him by the Principal and,
should the occasion arise, submit proposals for correcting problematic
situations.
7.
Monitor shall be entitled to compensation on the same terms as being extended
to / provided to Independent Directors on the PHL Board.
8.
If the Monitor has reported to the Chairman PHL, a substantiated suspicion of
an offence under relevant IPC/ PC Act, and the Chairman PHL has not, within
the reasonable time taken visible action to proceed against such offence or
reported it to the Chief Vigilance Officer, the Monitor may also transmit this
information directly to the Central Vigilance Commissioner.
9.
The word „Monitor‟ would include both singular and plural.
34
Section 9 – Pact Duration
This Pact begins when both parties have legally signed it. It expires for the
Contractor 3 years after the last payment under the contract, and for all other
Bidders 12 months after the contract has been awarded.
If any claim is made/lodged during this time, the same shall be binding and
continue to be valid despite the lapse of this pact as specified above, unless it is
discharged / determined by Board of PHL.
Section 10 – Other provisions
1. This agreement is subject to Indian Law. Place of performance and
jurisdiction is the Registered Office of the Principal, i.e. Delhi.
2. Changes and supplements as well as termination notices need to be made in
writing. Side agreements have not been made.
3. If the Contractor is a partnership or a consortium, this agreement must be
signed by all partners or consortium members and in the case of a Company
by an authorised representative.
4. Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will
strive to come to an agreement to their original intentions.
(For & On behalf of the Principal)
(For & On behalf of
Bidder/ Contractor)
(Office Seal)
(Office Seal)
Place -------------Date -------------Witness 1:
(Name & Address)
_____________________________
_____________________________
_____________________________
_____________________________
Witness 2:
(Name & Address)
_____________________________
_____________________________
_____________________________
_____________________________
35
PART of Integrity Pact
GUIDELINES FOR INDIAN AGENTS OF FOREIGN SUPPLIERS
1.0
There shall be compulsory registration of agents for all Global
(Open) Tender and Limited Tender. An agent who is not
registered with PHL Departments/Stations shall apply for
registration in the prescribed Application –Form.
1.1
Registered agents will file an authenticated Photostat copy duly
attested by a Notary Public/Original certificate of the principal
confirming the agency agreement and giving the status being
enjoyed by the agent and the commission/remuneration/salary/
retainer ship being paid by the principal to the agent before the
placement of order by PHL Departments/Stations.
1.2
Wherever the Indian representatives have communicated on
behalf of their principals and the foreign parties have stated
that they are not paying any commission to the Indian agents,
and the Indian representative is working on the basis of salary
or as retainer, a written declaration to this effect should be
submitted by the party (i.e. Principal) before finalizing the order
2.0
DISCLOSURE
OF
PARTICULARS
REPRESENTATIVES IN INDIA (IF ANY)
2.1
Tenderers of Foreign nationality shall furnish the following details
in their offer:
OF
AGENTS/
2.1.1 The name and address of the agents/representatives in India, if
any and the extent of authorization and authority given to commit
the Principals. In case the agent/representative be a foreign
Company, it shall be confirmed whether it is real substantial
Company and details of the same shall be furnished.
2.1.2 The amount of commission/remuneration included in the quoted
price(s) for such agents/representatives in India.
2.1.3 Confirmation of the Tenderer that the commission/ remuneration
if any, payable to his agents/representatives in India, may be
paid by PHL in Indian Rupees only.
2.2
Tenderers of Indian Nationality shall furnish the following details
in their offers:
2.2.1 The name and address of the foreign principals indicating their
nationality as well as their status, i.e, whether manufacturer or
agents of manufacturer holding the Letter of Authority of the
Principal specifically authorizing the agent to make an offer in
India in response to tender either directly or through the
agents/representatives.
36
2.2.2 The amount of commission/remuneration included in the price (s)
quoted by the Tenderer for himself.
2.2.3 Confirmation of the foreign principals of the Tenderer that the
commission/remuneration, if any, reserved for the Tenderer in the
quoted price(s), may be paid by PHL in India in equivalent
Indian Rupees on satisfactory completion of the Project or
supplies of Stores and Spares in case of operation items .
2.3
In either case, in the event of contract materializing, the terms of
payment will provide for payment of the commission
/remuneration, if any payable to the agents/representatives in
India in Indian Rupees on expiry of 90 days after the discharge of
the obligations under the contract.
2.4
Failure to furnish correct and detailed information as called for in
paragraph-2.0 above will render the concerned tender liable to
rejection or in the event of a contract materializing, the same
liable to termination by PHL. Besides this there would be a penalty
of banning business dealings with PHL or damage or payment of a
named sum.
37
PART of Integrity Pact
GUIDELINES ON BANNING OF BUSINESS DEALINGS
CONTENTS
Sr. No
Description
Page(s)
1.
Introduction
10
2.
Scope
10
3.
Definitions
11
4.
Initiation of Banning / Suspension
12
5.
Suspension of Business Dealings
12-14
6.
Ground on which Banning of Business Dealing can be
initiated
14-15
7.
Banning of Business Dealings
15-16
8.
Removal
from
List
of
Suppliers/Contractors etc.
9.
Procedure for issuing Show-cause Notice
10.
Appeal against
Authority
11.
Review of the Decision by the Competent Authority
17
12.
Circulation of the names of Agencies with whom
Business Dealings have been banned
17-18
the
Approved
Decision
38
of
the
Agencies-
16
16-17
Competent
17
1.
Introduction
1.1
1.2
Pawan Hans Ltd. (PHL), being a Public Sector Enterprise and ‘State’,
within the meaning of Article 12 of the Constitution of India, has to
ensure preservation of rights enshrined in Chapter III of the
Constitution. PHL has also to safeguard its commercial interests.
PHL deals with Agencies, who have a very high degree of integrity,
commitments and sincerity towards the work undertaken. It is not
in the interest of PHL to deal with Agencies who commit deception,
fraud or exercise of coercion or undue influence or other misconduct
in the execution of contracts awarded / orders issued to them. In
order to ensure compliance with the constitutional mandate, it is
incumbent on PHL to observe principles of natural justice before
banning the business dealings with any Agency.
Since banning of business dealings involves civil consequences for
an Agency concerned, it is incumbent that adequate opportunity of
hearing is provided and the explanation, if tendered, is considered
before passing any order in this regard keeping in view the facts
and circumstances of the case.
2.
Scope
2.1
The General Conditions of Contract (GCC) of PHL generally provide
that PHL reserves its rights to remove from list of approved
suppliers/contractors or to ban business dealings if any Agency has
been found to have committed misconduct, violation of any law or
any term of the agreement and also to suspend business dealings
pending investigation. If such provision does not exist in any GCC,
the same may be incorporated.
2.2
Similarly, in case of sale of material there is a clause to deal with
the Agencies/customers/buyers, who indulge in lifting of material in
unauthorized manner. If such a stipulation does not exist in any
Sale Order, the same may be incorporated.
2.3
However, absence of such a clause does not in any way restrict the
right of Company (PHL) to take action/decision under these
guidelines in appropriate cases.
2.4
The procedure of (i) Removal of Agency from the List of approved
suppliers / contractors;
(ii) Suspension and
(iii) Banning of
Business Dealing with Agencies, has been laid down in these
guidelines.
2.5
These guidelines apply to all the Departments/Stations and
subsidiaries of PHL.
2.6
It is clarified that these guidelines do not deal with the decision of
the Management not to entertain any particular Agency due to its
poor/inadequate performance or for any other reason.
2.7
The banning shall be with prospective effect, i.e., future business
dealings.
3.
Definitions
In these Guidelines, unless the context otherwise requires:
i)
‘Party/Contractor/Supplier/Purchaser/Customer’ shall mean and
include a public limited company or a private limited company, a
firm whether registered or not, an individual, a cooperative society
39
or an association or a group of persons engaged in any commerce,
trade, industry, etc.
‘Party/Contractor/Supplier/Purchaser/Customer’ in the context of
these guidelines is indicated as ‘Agency’.
ii)
‘Inter-connected Agency’ shall mean two or more companies having
any of the following features:
a.
b.
c.
d.
iii)
a.
b.
c.
d.
e.
If one is a subsidiary of the other.
If the Director(s), Partner(s), Manager(s) or
Representative(s) are common;
If Management is common;
If one owns or controls the other in any manner;
‘Competent Authority’ and ‘Appellate Authority’ shall mean the
following:
For Company (entire PHL) Wide Banning
The General Manager (Engineering) shall be the „Competent Authority‟
for the purpose of these guidelines. Chairman & MD, PHL shall be the
„Appellate Authority‟ in respect of such cases.
In case the foreign supplier is not satisfied by the decision of the First
Appellate Authority, it may approach PHL Board as Second Appellate
Authority.
For Departments / detachments only
Any officer not below the rank of Deputy General Manager appointed
or nominated by the General Manager shall be the „Appellate
Authority‟ in all such cases.
For Corporate Office only
For procurement of items / award of contracts, to meet the
requirement of Corporate Office only, Head of Deputy General
Manager (Admin) shall be the “Competent Authority” and General
Manager (Engineering) shall be the “Appellate Authority”.
Chairman & MD, PHL shall have overall power to take suo-moto action
on any information available or received by him and pass such
order(s) as he may think appropriate, including modifying the order(s)
passed by any authority under these guidelines.
iv) ‘Investigating Department’ shall mean any Department or Unit
investigating into the conduct of the Agency and shall include the
Vigilance Department, Central Bureau of Investigation, the State
Police or any other authority or agency set up by the Central or State
Government having powers to investigate.
v) ‘List of approved Agencies - Parties/Contractors/Suppliers/ Purchasers/
Customers shall mean and include list of approved/ registered Agencies
- Parties/ Contractors/ Suppliers/ Purchasers/ Customers, etc.
4.
Initiation of Banning/Suspension
Action for banning/suspension of business dealings with any Agency should
be initiated by the department having business dealings with them after
noticing the irregularities or misconduct on their part. The Vigilance
Department of PHL shall have the right to recommend banning/suspension
and this shall be binding on the Department/Regions/Bases and non-
40
compliance of these recommendations/instructions shall be deemed to be
misconduct on the part of the Head of the Department/Regional Head/Base
Managers.
5.
Suspension of Business Dealings
5.1
If the conduct of any Agency dealing with PHL is under investigation
by any department (except Foreign Suppliers of imported
coal/coke), the Competent Authority may consider whether the
allegations under investigation are of a serious nature and whether
pending investigation, it would be advisable to continue business
dealing with the Agency. If the Competent Authority, after
consideration of the matter including the recommendation of the
Investigating Department, if any, decides that it would not be in the
interest to continue business dealings pending investigation, it may
suspend business dealings with the Agency. The order to this effect
may indicate a brief of the charges under investigation. If it is
decided that inter-connected Agencies would also come within the
ambit of the order of suspension, the same should be specifically
stated in the order. The order of suspension would operate for a
period not more than six months and may be communicated to the
Agency as also to the Investigating Department. The Investigating
Department may ensure that their investigation is completed and
whole process of final order is over within such period.
5.2
The order of suspension shall be communicated to all Departmental
Heads within the Departments/Regions/Bases. During the period of
suspension, no business dealing may be held with the Agency.
5.3
As far as possible, the existing contract(s) with the Agency may
continue unless the Competent Authority, having regard to the
circumstances of the case, decides otherwise.
5.4
If the gravity of the misconduct/violation under investigation is very
serious and it would not be in the interest of PHL, as a whole, to
deal with such an Agency pending investigation, the Competent
Authority may send his recommendation to Chief Vigilance Officer
(CVO), PHL Corporate Office along with the material available. If
Corporate Office considers that depending upon the gravity of the
misconduct/violation, it would not be desirable for all the
Departments/Regions/Bases and Subsidiaries of PHL to have any
dealings with the Agency concerned, an order suspending business
dealings may be issued to all the Departments/Regions/Bases by
the Competent Authority of the Corporate Office, copy of which may
be endorsed to the Agency concerned. Such an order would operate
for a period of six months from the date of issue.
5.5
For suspension of business dealings
following shall be the procedure :-
with
Foreign
Suppliers,
i. Suspension of the foreign suppliers shall apply through out
the Company including Subsidiaries.
41
ii. Based on the complaint forwarded by General Manager
(Engineering) or received directly by Corporate Vigilance, if
gravity of the misconduct under investigation is found
serious and it is felt that it would not be in the interest of
PHL to continue to deal with such agency, pending
investigation,
Corporate
Vigilance
may
send
such
recommendation
on
the
matter
to
General
Manager(Engineering) to place it before a Committee
consisting of the following :
1.
Director-Finance/Head of Corporate Finance;
2.
Head of Department concerned;
3.
Head of Department of Corporate Office;
4.
Head of Department (Legal).
The committee shall expeditiously examine the report, give
its comments/recommendations within twenty one days of
receipt of the reference by General Manager (Engineering).
iii. The comments/recommendations of the Committee shall
then be placed by General Manager (Engineering) before the
Board of PHL and if the Board opines that it is a fit case for
suspension, Departmental Head may pass necessary orders
which shall be communicated to the foreign supplier by
General Manager (Engineering).
6.
5.6
If the Agency concerned asks for detailed reasons of suspension,
the Agency may be informed that its conduct is under investigation.
It is not necessary to enter into correspondence or argument with
the Agency at this stage.
5.7
It is not necessary to give any show-cause notice or personal
hearing to the Agency before issuing the order of suspension.
However, if investigations are not complete in six months time, the
Competent Authority may extend the period of suspension by
another three months, during which period the investigations must
be completed.
Grounds on which Banning of Business Dealings can be initiated
6.1
If the security consideration, including questions of loyalty of the
Agency to the State, so warrants;
6.2
If the Director/Owner of the Agency, proprietor or partner of the
firm, is convicted by a Court of Law for offences involving moral
turpitude in relation to its business dealings with the Government or
any other public sector enterprises or PHL, during the last five
years;
6.3
If there is strong justification for believing that the Directors,
Proprietors, Partners, owner of the Agency have been guilty of
malpractices such as bribery, corruption, fraud, substitution of
tenders, interpolations, etc;
42
6.4
If the Agency continuously refuses to return/refund the dues of PHL
without showing adequate reason and this is not due to any
reasonable dispute which would attract proceedings in arbitration or
Court of Law;
6.5
If the Agency employs a public servant dismissed/removed or
employs a person convicted for an offence involving corruption or
abetment of such offence;
6.6
If business dealings with the Agency have been banned by the Govt.
or any other public sector enterprise;
6.7
If the Agency has resorted to Corrupt, fraudulent practices,
coercion, undue influence and other violations including
misrepresentation of facts;
6.8
If the Agency uses intimidation/threatening or brings undue outside
pressure on the Company (PHL) or its official in acceptance/
performances of the job under the contract;
6.9
If the Agency indulges in repeated and/or deliberate use of delay
tactics in complying with contractual stipulations;
6.10
Willful indulgence by the Agency in supplying sub-standard material
irrespective of whether pre-despatch inspection was carried out by
Company (PHL) or not;
6.11
Based on the findings of the investigation report of
CBI/Police/internal Vigilance or any other investigative agency
including
Government
Audit
against
the
Agency
for
malafide/unlawful acts or improper conduct on his part in matters
relating to the Company (PHL) or even otherwise;
6.12
Established litigant nature of the Agency to derive undue benefit;
6.13
Continued poor performance of the Agency in several contracts;
6.14
If the Agency misuses the premises or facilities of the Company
(PHL), forcefully occupies tampers or damages the Company‟s
properties including land, water resources, forests / trees, etc.
(Note: The examples given above are only illustrative and not
exhaustive. The Competent Authority may decide to ban business
dealing for any good and sufficient reason).
7
Banning of Business Dealings
7.1
Normally, a decision to ban business dealings with any Agency
should apply throughout the Company including Subsidiaries.
However, the Competent Authority of the Department/Unit except
Corporate Office can impose such ban unit-wise only if in the
particular case banning of business dealings by respective
Department/Unit will serve the purpose and achieve its objective
43
and banning throughout the Company is not required in view of the
local conditions and impact of the misconduct/default to beyond the
Department/Unit. Any ban imposed by Corporate Office shall be
applicable across all Departments/Stations of the Company
including Subsidiaries.
7.2
For Company-wide banning, the proposal should be sent by ACVO of
the Department/Unit to the CVO through the Chief Executive of the
Department/Unit setting out the facts of the case and the
justification of the action proposed along with all the relevant
papers and documents except for banning of business dealings with
Foreign Suppliers of imported coal/coke.
The Corporate Vigilance shall process the proposal of the
Department/Unit for a prima-facie view in the matter by the
Competent Authority nominated for Company-wide banning.
The CVO shall get feedback about that agency from all other
Departments/Stations. Based on this feedback, a prima-facie
decision for banning/or otherwise shall be taken by the Competent
Authority.
If the prima-facie decision for Company-wide banning has been
taken, the Corporate Vigilance shall issue a show-cause notice to
the agency conveying why it should not be banned throughout PHL.
After considering the reply of the Agency and other circumstances
and facts of the case, a final decision for Company-wide banning
shall be taken by the Competent Authority.
7.3
7.4
There will be a Standing Committee in each Department/Unit to be
appointed by Chief Executive for processing the cases of “Banning
of Business Dealings” except for banning of business dealings with
foreign suppliers of coal/coke. However, for procurement of
items/award of contracts, to meet the requirement of Corporate
Office only, the committee shall be consisting of Executive
Director/General Manager from Finance, Procurement and Legal:
i)
To study the report of the Investigating Agency and decide if
a prima-facie case for Company-wide/Local unit wise banning
exists, if not, send back the case to the Competent
Authority.
ii)
To recommend for issue of show-cause notice to the Agency
by the concerned department.
iii)
To examine the reply to show-cause notice and call the
Agency for personal hearing, if required.
iv)
To submit final recommendation to the Competent Authority
for banning or otherwise.
If the Competent Authority is prima-facie of the view that action for
banning business dealings with the Agency is called for, a showcause notice may be issued to the Agency as per paragraph 9.1 and
an enquiry held accordingly.
44
8
Removal from List of Approved Agencies - Suppliers/Contractors, etc.
8.1
8.2
8.3
9
If the Competent Authority decides that the charge against the
Agency is of a minor nature, it may issue a show-cause notice as to
why the name of the Agency should not be removed from the list of
approved Agencies - Suppliers/Contractors, etc.
The effect of such an order would be that the Agency would not be
disqualified from competing in Open Tender Enquiries.
Past performance of the Agency may be taken into account while
processing for approval of the Competent Authority for awarding the
contract.
Show-cause Notice
9.1
In case where the Competent Authority decides that action against
an Agency is called for, a show-cause notice has to be issued to the
Agency. Statement containing the imputation of misconduct or
misbehaviour may be appended to the show-cause notice and the
Agency should be asked to submit within 15 days a written
statement in its defence.
9. 2
If the Agency requests for inspection of any relevant document in
possession of PHL, necessary facility for inspection of documents
may be provided.
The Competent Authority may consider and pass an appropriate
speaking order:
9.3
a. For exonerating the Agency if the charges are not
established;
b. For removing the Agency from the list of approved
Suppliers/Contactors, etc.
c. For banning the business dealing with the Agency.
9.4
10
If it decides to ban business dealings, the period for which the ban
would be operative may be mentioned. The order may also mention
that the ban would extend to the interconnected Agencies of the
Agency.
Appeal against the Decision of the Competent Authority
10.1
10.2
The Agency may file an appeal against the order of the Competent
Authority banning business dealing, etc. The appeal shall be to the
Appellate Authority. Such an appeal shall be preferred within one
month from the date of receipt of the order banning business
dealing, etc.
Appellate Authority would consider the appeal and pass appropriate
order which shall be communicated to the Agency as well as the
Competent Authority.
45
11
Review of the Decision by the Competent Authority
Any petition/application filed by the Agency concerning the review of the
banning order passed originally by Chief Executive/Competent Authority
under the existing guidelines either before or after filing of appeal before
the Appellate Authority or after disposal of appeal by the Appellate
Authority, the review petition can be decided by the Chief
Executive/Competent Authority upon disclosure of new facts/circumstances
or subsequent development necessitating such review. The Competent
Authority may refer the same petition to the Standing Committee for
examination and recommendation.
12
Circulation of the names of Agencies with whom Business Dealings
have been banned
12.1
Depending upon the gravity of misconduct established, the
Competent Authority of the Corporate Office may circulate the
names of Agency with whom business dealings have been banned,
to the Government Departments, other Public Sector Enterprises,
etc. for such action as they deem appropriate.
12.2
If Government Departments or a Public Sector Enterprise request
for more information about the Agency with whom business
dealings have been banned, a copy of the report of Inquiring
Authority together with a copy of the order of the Competent
Authority/Appellate Authority may be supplied.
12.3
If business dealings with any Agency have been banned by the
Central or State Government or any other Public Sector Enterprise,
PHL may, without any further enquiry or investigation, issue an
order banning business dealing with the Agency and its interconnected Agencies.
12.4
Based on the above, Departments/Stations may formulate their own
procedure for implementation of the Guidelines.
-----xxxx------
46
To be provided after award of contract
ANNEXURE - B
PROFORMA OF BANK GUARANTEE
(To be stamped in accordance with stamp Act.)
The non-judicial stamp paper should be in the name of issuing bank.
Ref. No.
Bank Guarantee No. ---------------Dated ------------
To
PAWAN HANS LIMITED
C-14, Sector – 1, Noida – 201301,
Uttar Pradesh, India
Dear Sir,
1.
In consideration of Pawan Hans Ltd. having its head office at Safdarjung Airport, New
Delhi, India (hereinafter referred to as PHL which expression shall unless repugnant to the
context or meaning thereof include all its successors, administrators, executors and assigns),
and having entered into a contract dated ____________ (herein after called the Contract which
expression shall include all the amendments thereto) with M/s. -------------------------------having its head/Registered office at ---------------------- (herein after referred to as the Bidder
which expression unless repugnant to the context or meaning thereof, shall include all its
successors, administrators, executors and assigns) and the Contract having been unequivocally
accepted by the Bidder resulting in a contract bearing No. ---------------- dated ---------- value at
Rs. --------------- (in figures) Rs. -------------- ( in words) for ----------------------------------(scope of work ------------------ and PHL having agreed that the Bidder shall furnish to PHL
guarantee for the faithful performance of entire contract to the extent of 10% of the value of
the Contract Rs. ---------------------- we ------------------------(name of Bank) -----------------having its registered office at ----------------- (herein after referred to as 'the bank' which
expression shall unless repugnant to the context on meaning thereof include all its successors,
administrators, executors and assigns) do hereby guarantee and undertake to pay immediately
on first demand in writing in Rupees ----------------- as any and all monies to the extent of Rs. ------------------ (in figures) (Rs. in words ----------------------------------) in aggregate at any time
without any demur, reservation or recourse, contest or protests and/or without any reference to
the Contractor. Any such demand made by PHL on the Bank shall be conclusive and binding
notwithstanding any differences between PHL and Contractor or any dispute pending before
any Court, Tribunal, Arbitrator or any other authority. We agree that Guarantee herein
contained shall be irrevocable and shall continue to be enforceable till it is discharged by PHL
in writing.
47
2.
PHL shall have the fullest liberty, without effecting in any way the liability of the Bank
under this Guarantee from time to time to extend the time for performance of the contract by
the Bidder or vary the terms of the Contract. PHL shall have the fullest liberty without
affecting this Guarantee to postpone from time to time, the exercise of power vested in them or
any rights which they might have against the Bidder and to exercise the same at any time, any
manner and either to enforce or to forebear to enforce any covenants contained or implied in
the contract between PHL and the Bidder or any other course or remedy or security available to
PHL. The bank shall not be released of its obligation under these presents by any exercise by
PHL of its liberty with reference to matters aforesaid of any of them or by reason of any other
act or forbearance or other acts of commission or omission on the part of PHL or any other
indulgence shown by PHL or by any other matter or thing whatsoever, which under law would,
but for this provision have the effect of relieving the bank.
The bank undertakes that in case the period of the contract is extended beyond the
initial period of six months it shall extend the Bank Guarantee for another period for up to six
months on written instructions from PHL or for any further period as may be instructed in
writing by PHL.
3.
The bank also agrees that PHL at its option shall be entitled to enforce this Guarantee
against the bank as a principal debtor, in the first instance, without proceeding against the
Bidder/Contractor and not withstanding any security or other guarantee that PHL may have in
relation to the Bidder's/Contractor’s liability.
4.
The Bank further agrees that the Guarantee herein contained shall remain in full force
during the period that is taken for the performance of the contract i.e. complete delivery of the
material/equipment as the same is a condition of supply contract/complete delivery of the
services as the same is a condition of contract for services and all the dues of PHL under or by
virtue of this contract have been fully paid and its claim satisfied or discharged or till PHL
discharges this guarantee in writing.
5.
We further agree that as between us and PHL for the purpose of this guarantee any
notice given to us by PHL that the money is payable by the Bidder/Contractor and any amount
claimed in such notice by PHL shall be conclusive and binding on us notwithstanding any
difference between PHL and the Bidder/Contractor or any dispute pending before any Court,
Tribunal, Arbitrator or any other authority. We further agree that this Guarantee shall not be
affected discharged by any change in our constitution and the constitution of PHL or that of the
Bidder/Contractor. We also undertake not to revoke this Guarantee during its currency. This
guarantee shall not be determined discharged or affected by the liquidation, winding up,
dissolution or insolvency of the Bidder and shall remain valid binding and operative against the
Bank.
6. We further agree that no change or addition to or the other modification of the terms of the
contract to be performed thereunder or of any of the contract documents which may be made
between PHL and the Bidder/contractor shall in any way release us from any liability under
this guarantee and we hereby notice any such change addition or modification.
48
7.
Notwithstanding anything contained herein above, our liability under this Guarantee is
limited to Rs. ------ (Rupees. -------- in aggregate and it shall remain in full force upto and
including 120 days after ------------------- (indicate the date of expiry of bank guarantee) ----------------- unless extended further from time to time, for such period as may be instructed in
writing by PHL upto period of six months in which case it shall remain in full force upto and
including 60 days after expiry of the extended period. Any claim under this Guarantee must be
received by us before the expiry of 60 days after the said date/extended date/whichever later.
If no such claims have been received by us within 60 days after the said/extended date, right of
PHL under this Guarantee will cease. However, if such claim has been received by us within
and upto 60 days after the said date/extended date, all the rights of PHL shall not cease until we
have satisfied that claim.
8. Notwithstanding anything contained herein:
(i) Our liability under this BG shall not exceed Rs_________(Rupees_________)
(ii) This Bank Guarantee shall be valid up to_________
(iii)We are liable to pay the guaranteed amount or any part thereof under this BG only and
if you serve upon us a written claim or demand on or before_________.
In witness whereof the Bank through its authorized officers has set its hand and stamp on this
_____________at __________________
Signature of authorized officers of the Bank
Name & designation of the Officer
Seal, Name & address of the Bank and
Address of the Branch
49
Annexure – C
INSTRUCTIONS TO BIDDERS FOR PARTICIPATION IN E-TENDERING
The bidders interested in this tender may send their bid through online e-Tendering process. All
details pertaining to the tender and guidelines for e-tendering are available on the website
www.tenderwizard.com/PAWANHANS. Interested contractors need to register themselves on
the e-tendering website www.tenderwizard.com/PAWANHANS to get the USER ID and
PASSWORD from M/s ITI Limited, B-1/5A, JANAK PURI, NEAR AMARLEELA
HOSPITAL, NEW DELHI-110058 by paying required registration fee i.e. Rs. 2247/- (Incl. of
Service Tax), in addition to tender processing fee (as applicable) and completing the steps
specified on above referred website.
In case of any clarification vendors may visit our website www.pawanhans.co.in
FOR GENERAL INFORMATION CONTACT ADDRESS :Office of In-charge (Marketing)
Pawan Hans Limited, Corporate Office
C-14, SECTOR-1, NOIDA, (U.P.)
PIN CODE : 201301, INDIA
Telephone No.: 0120-2476759, 2476735
SPECIAL NOTE: THE BID HAS TO BE SUBMITTED ON-LINE AT www.tenderwizard.com/PAWANHANS. THE
DATE OF SUBMISSION OF ON-LINE BID AND DATE OF OPENING OF BID WILL BE AS PER TENDER NOTICE.
1) Requirements of Vendors :
1. P.C. connected with internet.
2. Registration with portal www.tenderwizard.com/PAWANHANS and submission of documents necessary to ITI Ltd.
before e-tender.
3. Class-III digital certificate in the name of the Company of the vendor is mandatory (in the name of the
Company who will be submitting the EMD & General Information). This may be obtained from any of the certifying
authorities. Bids will not be recorded without Digital Signature.
4. To participate in tender, Bidders need to pay Tender Processing Fee as applicable (provided at Tender Wizard/ EPortal).
Note: Please check the digital certificate. For more details bidders may visit e-tendering portal and download the help
manuals uploaded in the website.
Tenders shall be issued to the eligible contractors who fulfill the criteria of eligibility and should
have Class-III Digital Signature and registration with service provider M/s ITI Limited, B-1/5A,
JANAK PURI, NEAR AMARLEELA HOSPITAL, NEW DELHI-110058.
Contact Person:Mr. Nikhil
Help Desk No.
Fax
Email
:
:
:
:
Cell No. (0091)-9650544776
(0091)-11-49424365
(0091)-11-25618721
[email protected] ; [email protected]
TERMS & CONDITIONS AT THE TIME OF RUNNING THE EVENT IS FINAL.
All the bids will have to be mandatorily submitted with digital certificate otherwise the same will not be considered.
---------------------------- END OF DOCUMENT ----------------------------50