Tender Documents

under Job Contract for

Sanitation (Outer/periphery areas of the Hotel & Back
Offices) & Maintenance/Cleanliness of Staff Quarters
at The Ashok Hotel, New Delhi

CONTENTS

Section Particulars Page Nos.

Contents 01

Summary/Salient Features of the Tenders 02

Instructions for submitting Tenders 03 - 07

Notice Inviting Tender 08 – 13
A
Schedule of work 14 - 18
General Terms & Conditions of the
B 19 - 30
Contract

31 - 42
C Tender details – Technical Bid

D Financial Bid 43 - 47
Draft LOA/Service Level Agreement to
E be executed with Successful Bidder & 48 - 63
Undertaking

F Integrity Pact 64 - 70

1
 The _Ashok Hotel
NOTICE INVITING TENDER (NIT)

Summary/salient features of the Tender for Job Contract for Sanitation (Outer/periphery
areas of the Hotel & Back Offices) & Maintenance/Cleanliness of Staff Quarters at The
Ashok Hotel.

Sl.
Particulars Remarks
No.
1 Availability of Tender Documents From 13.02.2021 to 05.03.2021 up to 1600
hours. Bidding would be done through e-
tendering through website
https://etenders.gov.in/eprocure/app or
http://www.itdc.co.in

2 Type of Biding Two Types (On line)

3 Tender Documents Fee NIL (free downloadable from websites)
4 Option for Bidders to visit Site From 15.02.2021 to 04.03.2021 between
1100 hours 1600 hours

5 Pre-bid meeting for responding to 17.02.2021 at 1100 hours at The Ashok Hotel,
queries. Diplomatic Enclave, 50-B Chanakyapuri, New
Delhi – 110021.
6 Start Date & Time of Tender submission 18.02.2021 from 1000 hrs.
(online)
7 Last Date & Time of Tender submission 05.03.2021 upto 1600 hrs.
(online)
8 Date & time of opening of Technical Bids 06.03.2021 at 1600 hrs.
(online)
9 Estimated Tender Value excluding
Statutory payments i.e. EPF, ESI & GST 2,60,00,000.00
extra as applicable
10 EMD NIL

11 Security Deposit consisting of 3% Performance Security in the form of DD /

Performance Security and Retention RTGS / NEFT or any other on line mode on total
Money.` Contract amount + 3% Retention Money
deduction from gross amount of every monthly
bill.
12 Validity of offers 120 days from the date of opening of technical
bids.

13 Details of the contact person for Chief (HR), The Ashok Hotel, New Delhi,
inspection of site/clarification, if any. Tel.No. 011-24123160,

2
 ANNEXURE
The Ashok Hotel, New Delhi
(Unit of ITDC, A Govt. of India Undertaking)
Diplomatic Enclave, 50-B, Chanakyapuri, New Delhi-110021
Instructions/Guidelines for NIC E-Tendering Portal
(Bidder should read and understand the following instructions before submitting the Tender)
URL - https://etenders.gov.in

For Registration of Bidders - Click “Online Bidder Enrolment” link + Bidders

registration manual

For Bidders – Class 3 DSCs are required

System Requirement – Windows 7 or onward plus internet connection + Java 8

Version 151 (Available at Sl.No. 5, “Download” Tab of NIC E-Tendering Portal )
Gap of 24 hours is advised between tender closing date & time and tender opening
date & time.
Every bidder can participate from their own location.

Tab “Help For Contractors”

Special Instructions to the Contractors/Bidders for the e-submission of the bids online
through this eProcurement Portal
1. Bidder should do Online Enrolment in this Portal using the option Click Here to
Enroll available in the Home Page. Then the Digital Signature enrollment has to
be done with the e-token, after logging into the portal. The e-token may be
obtained from one of the authorized Certifying Authorities such as
eMudhraCA/GNFC/IDRBT/MtnlTrustline/SafeScrpt/TCS.
2. Bidder then logs into the portal giving user id / password chosen during
enrollment.
3. The e-token that is registered should be used by the bidder and should not be
misused by others.
4. DSC once mapped to an account cannot be remapped to any other account. It
can only be inactivated.
5. The Bidders can update well in advance, the documents such as certificates,
purchase order details etc., under My Documents option and these can be
selected as per tender requirements and then attached along with bid
documents during bid submission. This will ensure lesser upload of bid
documents.
6. After downloading / getting the tender schedules, the Bidder should go through
them carefully and then submit the documents as per the tender document,
otherwise, the bid will be rejected.

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7. The BOQ template must not be modified/replaced by the bidder and the same
should be uploaded after filling the relevant columns, else the bidder is liable to
be rejected for that tender. Bidders are allowed to enter the Bidder Name and
Values only.
8. If there are any clarifications, this may be obtained online through the
eProcurement Portal, or through the contact details given in the tender
document. Bidder should take into account of the corrigendum published before
submitting the bids online.
9. Bidder, in advance, should prepare the bid documents to be submitted as
indicated in the tender schedule and they should be in PDF/XLS/RAR/DWF
formats. If there is more than one document, they can be clubbed together.

10. The bidder reads the terms and conditions and accepts the same to proceed
further to submit the bids

11. The bidder has to submit the tender document(s) online well in advance before
the prescribed time to avoid any delay or problem during the bid submission
process.
12. There is no limit on the size of the file uploaded at the server end. However, the
upload is decided on the Memory available at the Client System as well as the
Network bandwidth available at the client side at that point of time. In order to
reduce the file size, bidders are suggested to scan the documents in 75-100 DPI
so that the clarity is maintained and also the size of file also gets reduced. This
will help in quick uploading even at very low bandwidth speeds.

13. It is important to note that, the bidder has to Click on the Freeze Bid Button, to
ensure that he/she completes the Bid Submission Process. Bids Which are not
Frozen are considered as Incomplete/Invalid bids and are not considered for
evaluation purposes.
14. The Tender Inviting Authority (TIA) will not be held responsible for any sort of
delay or the difficulties faced during the submission of bids online by the bidders
due to local issues.

15. The bidder may submit the bid documents online mode only, through this portal.
Offline documents will not be handled through this system.

16. At the time of freezing the bid, the eProcurement system will give a successful
bid updation message after uploading all the bid documents submitted and then
a bid summary will be shown with the bid no, date & time of submission of the
bid with all other relevant details. The documents submitted by the bidders will
be digitally signed using the e-token of the bidder and then submitted.

17. After the bid submission, the bid summary has to be printed and kept as an
acknowledgement as a token of the submission of the bid. The bid summary will

4
 act as a proof of bid submission for a tender floated and will also act as an entry
point to participate in the bid opening event.

18. Successful bid submission from the system means, the bids as uploaded by the
bidder is received and stored in the system. System does not certify for its
correctness.

19. The bidder should see that the bid documents submitted should be free from
virus and if the documents could not be opened, due to virus, during tender
opening, the bid is liable to be rejected

20. The time that is displayed from the server clock at the top of the tender Portal,
will be valid for all actions of requesting bid submission, bid opening etc., in the
e-Procurement portal. The Time followed in this portal is as per Indian Standard
Time (IST) which is GMT+5:30. The bidders should adhere to this time during
bid submission.

21. All the data being entered by the bidders would be encrypted at the client end,
and the software uses PKI encryption techniques to ensure the secrecy of the
data. The data entered will not be viewable by unauthorized persons during bid
submission and not viewable by any one until the time of bid opening. Overall,
the submitted bid documents become readable only after the tender opening by
the authorized individual.

22. During transmission of bid document, the confidentiality of the bids is

maintained since the data is transferred over secured Socket Layer(SSL) with
256 bit encryption technology. Data encryption of sensitive fields is also done.

23. The bidders are requested to submit the bids through online eProcurement
system to the TIA well before the bid submission end date and time (as per
Server System Clock).

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Frequently Asked Questions on Digital Signature Certificate
1. What is a Digital Signature Certificate?
Digital Signature Certificates (DSC) are the digital equivalent (that is electronic
format) of physical or paper certificates. Examples of physical certificates are
drivers' licenses, passports or membership cards. Certificates serve as a proof of
identity of an individual for a certain purpose; for example, a driver's license
identifies someone who can legally drive in a particular country. Likewise, a
digital certificate can be presented electronically to prove your identity, to access
information or services on the Internet or to sign certain documents digitally.
2. Why is Digital Signature Certificate (DSC) required?
Like physical documents are signed manually, electronic documents, for example
e-forms are required to be signed digitally using a Digital Signature Certificate.
Transactions that are done using Internet if signed using a Digital Signature
certificate becomes legally valid.

3. Who issues the Digital Signature Certificate?

A licensed Certifying Authority (CA) issues the digital signature. Certifying
Authority (CA) means a person who has been granted a license to issue a digital
signature certificate under Section 24 of the Indian IT-Act 2000.
4. What are the different types of Digital Signature Certificates valid for
eTendering programmme ?
The different types of Digital Signature Certificates are: Class 2: Here, the
identity of a person is verified against a trusted, pre-verified database. Class 3:
This is the highest level where the person needs to present himself or herself in
front of a Registration Authority (RA) and prove his/ her identity.
5. What type of Digital Signature Certificate (DSC) is to be obtained for
eFiling on the eTendering Portal?
DSC of Class 2 and Class 3 category issued by a licensed Certifying Authority
(CA) needs to be obtained for efiling on the eTendering Portal.
6. What is the cost of obtaining a Digital Signature Certificate?
The cost of obtaining a digital signature certificate may vary as there are many
entities issuing DSCs and their charges may differ. The approximate cost could
vary between ₹ 2000 to ₹ 3000 depending on the number of years for which it is
issued.
7. How to obtain DSC for dept users?
The Department Officers shall get the DSCs or e-Tokens from any of the
authorized vendors of CA, India. For convenience, the vendor addresses are
given here : To View click here The Vendor list is not exhaustive. The
Department users may ensure that they get two pairs of Keys (One for Signing
and One for Encryption).
8. How to obtain DSC for contractors/bidders
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 Bidders can obtain the e Tokens from the following address To View click here
9. How much time do CAs take to issue a DSC?
The time taken by Certifying Authorities to issue a DSC may vary from three to
seven days.
10 .What is the validity period of a Digital Signature Certificate?
The Certifying Authorities are authorized to issue a Digital Signature Certificate
with a validity of one or two years. The maximum period for which the DSC is
issued is only two years. On the expiry of the term, the Digital Signature
Certificate can be revalidated by paying the fees again.
11 . What is the legal status of a Digital Signature?
Digital Signatures are legally admissible in a Court of Law, as provided under the
provisions of IT.
12 Is a company required to obtain a Digital Signature Certificate in its
own name for eTendering
Digital Signature Certificate (DSC) is not required by Companies but by
individuals. For example the Director or the Authorized signatory signing on
behalf of the Company requires a DSC.
13 Can I do e-filing of documents if I do not possess a DSC?
No. It is mandatory to have a valid digital signature certificate for e-filing the
forms on eTendering portal.
For further guidance please refer “Bidders Manual Kit” on the NIC E-Tendering Website
https://etenders.gov.in/eprocure/app
24 Hour Support details
For any technical related queries please call at 24 x 7 Help Desk Number
0120-4200462, 0120-4001002, 0120-4001005,0120-6277787.
International Bidders are requested to prefix 91 as country code
Note- Bidders are requested to kindly mention the URL of the Portal and Tender Id in
the subject while emailing any issue along with the Contact details. For any issues/
clarifications relating to the tender(s) published kindly contact the respective Tender
Inviting Authority.
Tel : 0120-4200462, 0120-4001002, 0120-4001005, 0120-6277787
E-Mail : support-eproc[at]nic[dot]in
For any Policy related matter / Clarifications
Please contact Dept of Expenditure, Ministry of Finance.
E-Mail: cppp-doe[at]nic[dot]in
or
THE ASHOK HOTEL
50 – B Chanakya puri
New Delhi –1100 21
Phone 24123160

7
 SECTION - A
The Ashok Hotel, New Delhi
(Unit of ITDC, A Govt. of India Undertaking)
Diplomatic Enclave, 50-B, Chanakyapuri, New Delhi-110021

NOTICE INVITING TENDERS

Sub: Job Contract for Sanitation (Outer/periphery areas of the Hotel & Back
Offices) & Maintenance/Cleanliness of Staff Quarters at The Ashok Hotel.
Online tenders are invited by The Ashok Hotel, New Delhi (A Unit of India Tourism Development
Corporation Ltd.) from well reputed and experienced agencies/firms/service providers for the aforesaid job
work as per details outlined at Annexure – “I”.
The tenders are required to be submitted online in two bid system in the prescribed format. The tenders can
be applied from the website https://etenders.gov.in/eprocure/app or http://www.itdc.co.in. The EMD
amount is NIL, however, bidders are required to submit Bid Security Declaration as per format given at
Annexure “II”.
The prescribed services should strictly comply with our requirement given in the tender document.
Incomplete / conditional offer will be rejected out rightly. The tender completed in all respect must be
applied online before the last date and time of tender submission. The techno commercial bid will be opened
on the date and time of opening in presence of intending bidders. Financial bids of only technically qualified
tenders shall be opened at a later date. The date of opening of financial bid will be intimated to only
technically qualified bidders. The Management reserves the right to accept/reject any or all bid in part or all
without assigning any reason thereof.
The date and time schedule for applying the tender is as follows:
Tender Announcement Date 13.02.2021

Date and Time of Pre-bid Meeting 17.02.2021 at 1100 hrs.

Start Date & Time of Tender submission 18.02.2021 from 1000 hrs.
(online)

Last Date and Time of Tender Submission 05.03.2021 upto 1600 hrs.

Date and Time of opening of Tender 06.03.2021 at 1600 hrs.

All the prospective bidders may note that in case of inadequate response or NIL response in respect of the
above tender, the last date and time of submission of tender will be extended automatically for a further
period of 7 days after closing date if the received bids are less than 3, this extension will happen twice
automatically. Corrigendum in this regard will be notified on the websites only. There will be no separate
press advertisement.

8
The tenderer should carefully read the clauses here under, before submitting their
tender. Clarifications, if any, may be sought prior to submission of tender. No
request for clarification will be entertained once the tender is submitted.

Eligibility Criteria

I. The Service Provider should be financially sound having operational experience of

similar work (i.e. providing manpower) in 5/4/3 star hotels, hospitals, Autonomous bodies,
Govt. Bodies, Educational Institutes and large commercial establishments for a minimum
period of three years ending last day of month previous to the one in which applications are
invited and competent to carry out the job contract to the satisfaction of the Management of
The Ashok Hotel. The contract will be for a period of two years from the date of award of
contract and may be renewed for a further period of one year at the discretion of The Ashok
Hotel on the same terms and conditions as may be agreed upon by the Hotel and the
Service Provider.
II. Average Annual Financial Turnover of the Bidder during last 3 financial years
2016 -17, 2017-18 & 2018-19 should be 30% of the Estimated Tender Value.

III. Experience: Experience of having successfully completed similar works/contracts

during last seven years ending 31.03.2019 should be either of the following:-

a) Three similar completed works(contracts) costing not less than the amount equal to
40% of the tender value (estimated cost) excluding Service Tax/GST.
OR
b) Two similar completed works (contracts) costing not less than the amount equal to
50% of the tender value (estimated cost) excluding Service Tax/GST.
OR
c) One similar completed works(contracts) costing not less than the amount equal to
80% of the tender value (estimated cost) excluding Service Tax/GST.

IV. Tendering should be done through e-tendering through website

https://etenders.gov.in/eprocure/app or http://www.itdc.co.in.

V. Tender Document Fee: Nil (free downloadable from websites).

VI. The bidders who have downloaded the tender documents shall be solely responsible
for checking the website for any updates/modifications/alterations changes made in the
Tender document or any related document as issued by The Ashok Hotel (A UNIT OF
ITDC) subsequently and take into consideration the same while preparing and submitting
the bid. In case of any discrepancy between the tender documents downloaded from the
web site and the master copy available in the office, the latter shall prevail and will be
binding on the tenderers. No claim on this account will be entertained. It is clearly
understood that The Ashok Hotel (A UNIT OF ITDC) will accept the Tender documents
as available in the website and the tender shall be rejected if any tampering in the tender
document is found to be done at the time of opening of tender.
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VII. E.M.D:: Nil. However, bidders are required to submit Bid Security
Declaration as per format annexed at Annexure ‘II’ on non-judicial stamp paper of
Rs. 100/- or the amount as may be applicable in the respective state - whichever is
higher. Signed and scanned copy of the said Declaration has to be uploaded along
with technical bid and original document is to be submitted in the office of
Chief(HR), The Ashok Hotel on or before the due date/extended due date of
submission of bid. Cost of the stamp paper is borne by the bidder.

VIII. The rates of financial bid are not to be quoted in Technical Bid. In case the
same are given, then the tender can be summarily rejected.

IX. During the process of e-tendering, the bidders must be extremely careful in making
their bids and will be fully liable and responsible for the bids submitted by them, including
any errors made by them, if any, and no complaints/representation in this regard will be
entertained by ITDC/The Ashok Hotel. It must be clearly understood that the Ashok Hotel
reject any tender without assigning any reason whatsoever. The tenderer shall be bound by
the terms and conditions of the tender / agreement and shall not raise any objection on the
same once the tender award is executed. The validity of offer should be for a period of 120
days from the date of opening of technical bids.

X. Tenderer(s) must be careful to read the terms and conditions of Tender documents
before submitting their offer. The Service Provider shall submit his Tender only after
carefully examining the whole of the Tender documents and the conditions of Tender and
of contract, general scope of work, etc. Any information/documents furnished by the
tenderer, if found incomplete/false at any time, The Ashok Hotel (A UNIT OF ITDC) will
be at liberty to take action as deemed fit and shall terminate the contract forthwith. In case,
it is found during the evaluation or at any time before signing of the contract or after its
execution and during the period of subsistence thereof, that one or more of the eligibility
conditions have not been met by the Agency, or the Agency has made material
misrepresentation or has given any materially incorrect or false information, the Agency
shall be disqualified forthwith, if not, yet appointed as the service provider and if the Agency
has already been issued the LOA or has entered into the contract, as the case may be, the
same shall, notwithstanding anything to the contrary contained therein be liable to be
terminated along with forfeiture of Performance Security by a communication in writing by
the Corporation/Hotel to the applicant, without the Corporation/Hotel being liable in any
matter whatsoever to the Applicant and without prejudice to any other right or remedy
which the Corporation/Hotel may have under the Bidding Documents, the Contract or
under applicable law. Besides, the Corporation/Hotel reserves the right to blacklist the
Agency for any future dealing along with initiation of any appropriate penal action as per the
applicable law.

XI. The individual/firm and its partners/company including its directors applying for the
contract should not have any type of criminal records. Persons/companies against whom

10
any type of criminal proceedings are pending before any court in India or abroad should not
apply.

XII. The various provisions of labour laws as applicable with regard to the engagement of
persons for job contract which are of statutory in nature shall be strictly implemented/
complied with by the Service Providers. The labour provisions as mentioned in the tender
documents shall be adhered to by the Service Providers and the Service Providers shall
quote their rates for the work excluding EPF, ESI and GST and GST Cess (if applicable)
herein after termed as GST, which will be reimbursed separately on production of deposit
challans/proof of payment on actual basis. The Service Provider is required to submit
separate challans towards deposit of PF & ESI contributions in respect of the staff deployed
by him exclusively for such job contract without mixing with other existing contracts with
the Service Provider.

XIII. The Service Provider is solely responsible to make all payments to the workers in
accordance with the provisions of relevant labour laws and The Ashok Hotel (A UNIT OF
ITDC) will have no liability whatsoever in this regard. Further, the Service Provider shall be
liable to pay such direct and indirect taxes, duties, fees and other impositions levied under
applicable laws of India.

XIV. It shall be the responsibility of the Service Provider to deploy minimum workforce
(as committed) for carrying the job work in each area satisfactorily. All staff should be
uniformed (as detailed in scope of work/approved by the management), trained and security
cleared. In exigencies, the management reserves the right to give direction to the Service
Provider to depute the manpower for longer hours also. The Service Provider is required to
provide competent Supervisor/Manager/Authorized Representative without any additional
cost for overall coordination and supervision of all activities of the workforce
required/deployed as per the Scope of work under the contract. He will also be responsible
for the conduct and discipline of the operative staff. The Supervisor/Manager/Authorized
Representative has authority to receive and act on such instructions issued by The Ashok
Hotel(a Unit of ITDC). He will maintain separate attendance register, duty roster for the
workforce engaged by the Service Provider on daily basis and will submit the same as and
when required/ asked for by The Ashok Hotel (a Unit of ITDC). There would be no direct
supervision/ control exercised by the Principal Employer in respect of employees employed
by the Contractor.

XV. The tenderer must have their own telephone at their office/shop/residence and no
PP number shall be acceptable. The Service Provider shall not be allowed to transfer, assign,
pledge or sub-contract the work awarded to them in full or part and its rights and liabilities
under this contract to any other Service Provider. Once the rates have been quoted and
offer made, refusal to accept the work by the Service Provider shall make the Service
Provider disqualified for further tendering. The Ashok Hotel (A UNIT OF ITDC) reserves
the exclusive right to award the abovementioned contract in any manner to get the best
results out of this contract.

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XVI. Successful Service Provider will have to deposit 3% of contract amount with The
Ashok Hotel (A UNIT OF ITDC) as Performance Security within 15 days of receipt of
LOA by successful bidder in the form of DD / RTGS/ NEFT or any other on line mode
in favour of The Ashok Hotel (a Unit of ITDC) on any scheduled Bank payable at New
Delhi. Retention Money will be deducted @ 3% of gross amount from every monthly bill,
which will be retained by The Ashok Hotel as Interest free Security Deposit and will be
refunded after three months subject to submissions of documents for statutory compliances
i.e. ESI, PF remittances etc. The Ashok Hotel (A UNIT OF ITDC) has the option to
recover the dues, if any, paid by The Ashok Hotel to any other Service Provider/work-force
to get the work completed/ and also towards any other amount recoverable from the
Service Provider.

XVII. Any bidder requiring clarification on the Tender Documents may contact the
following person on any working day between 1100 hrs. to 1600 hrs. from 15.02.2021 to
04.03.2021. All the interested bidders are requested to attend the pre-bid meeting to be held
on 17.02.2021 at 1100 hours in The Ashok Hotel, New Delhi, as per the scheduled time and
date given herein to seek clarification of their queries and also to apprise themselves about
the scope of work and requirements, non attendance at the pre-bid will not be cause of
disqualification of the bidders. However, all bidders are requested to invariably attend the
meeting to avoid any confusion and to obtain all required qualifications:-

CONTACT PERSON
1. Chief(HR), The Ashok Hotel, New Delhi.
Tel.No. 011-24123160

XVIII. Selection Process & Award of work :

a) The Ashok Hotel does not bind itself to accept lowest or any other tender/bid and
cancel the bidding process and reject all bids at any time prior to award of the
contract without assigning any reasons whatsoever and without thereby incurring any
liability to the affected bidder on the grounds for The Ashok’s action.

b) On the basis of information furnished by the tenderers in Technical Bids along with
supporting documents wherever necessary, the tenders will be technically evaluated
by The Ashok Hotel against the prescribed eligibility criteria. Details in this regard
are furnished in Section-B of this tender documents.

c) The bidders will have to furnish the requisite documents attested by a Gazetted
Officer or an Officer of a PSU or Chartered Accountant supporting the
qualification/eligibility criteria/credential as specified in the bid document, failing
which, the bid is liable to be summarily rejected. Further, the bidders will have to
produce the original of the submitted documents as and when required/asked by The
Ashok Hotel.

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 d) All the required supporting documents digitally signed must be uploaded as
per the prescribed method alongwith entire tender documents including
techno commercial bid of the tender.

e) MSEs: As per the Govt. Guidelines, the Micro and Small Enterprises will be
given due preferences and in case, the MSE’s meet the eligibility
criteria, then the work distribution will be done accordingly.
XIX. All future corrigendum’s, addendums, amendments, extension of bid submission date
with regards to this bid if any shall be published only at website
https://etenders.gov.in/eprocure/app or http://www.itdc.co.in. All the bidders are
required to look at the website for this purpose regularly. Further, all the interested bidders
represent to attend the pre-bid meeting to be held in The Ashok Hotel, New Delhi as per
the scheduled time and date given herein to seek clarification of their queries and also to
apprise themselves about the scope of work and requirement. Non-attendance at the pre-bid
meeting will not be cause of disqualification of the bidder. However, all bidders are
requested to invariably attend the pre-bid meeting to avoid any confusion and to obtain all
required clarifications.
XX. The bidders will have to produce the originals of the submitted documents as and
when required / asked by The Ashok Hotel for cross verification.
XXI. An affidavit on stamp paper of 10/- (non-judicial) be submitted along with the
technical bid stating that “in case any ambiguity is noticed in documents (listed out
documents submitted at any stage), we shall be entirely responsible and liable for any action
as deemed fit under the law.” This should be notarized. Since the mode of submission of
document is through e-tendering, the affidavit as specified above shall be considered valid
legally for tenders evaluation and the same original affidavit will be submitted by the bidder
on or before opening of the technical bid in the office of Chief(HR), The Ashok Hotel,
New Delhi.
XXII. All the tenderers have to enter into an Integrity Pact on non-judicial stamp
paper of 100/- or the amount as may be applicable in the respective state -
whichever is higher and signed and scanned copy of the said Integrity Pact has to
be uploaded along with technical bid and original document is to be submitted in
the office of Chief(HR), The Ashok Hotel on or before the due date/extended due
date of submission of bid. Cost of the stamp paper is borne by the bidder.

XXIII. The successful bidder(s) shall execute the Service Level Agreement and Integrity Pact
with The Ashok Hotel positively within fifteen days of award of job contract, failing which
his tender/contract shall be liable for cancellation. It is made clear that the General Terms &
Conditions, Technical Bid, Scope of Work, Financial Bid etc. attached with the Tender
Documents are deemed to form an integral part of the contract.

FOR & ON BEHALF OF THE ASHOK HOTEL, NEW DELHI

(A Unit of ITDC)
13
 Annexure-I
THE ASHOK
New Delhi

Sub. : Job Contract for Sanitation (Outer/periphery areas of the Hotel &
Back Offices) & Maintenance/Cleanliness of Staff Quarters at The
Ashok Hotel.

(The tenderer must inspect the areas carefully before quoting the rates)

SCOPE OF WORK

Part-I “S A N I T A T I O N”

1. Proper upkeep and hygiene including cleanliness, washing & scrubbing,

maintenance of the areas mentioned below and satisfactory performance of
the work assigned in relation to above.

2. Main In-Gate,Out-Gate(In-gate to Main Porch and Main Porch to out-gate

washing & cleaning), Staff Entry In-Gate to Staff exist gate area, Supply gate
area, Ophelia to Staff Gate, Ophelia Parking Area, Laundry Deptt./Gallery
upto Telephone Exchange including Toilets, Stores Gallery, Basement area
near lockers, staff canteen, Main Parking Area and Annexe Parking Area,
Ashok Theatre & Toilets, Red Stone Porch washing, Terrace of The Ashok,
Office Areas of MMD, Accounts, HR including toilets, stairs leading to Main
Kitchen and its surrounding area, entrance area of The Ashok through
Samrat Parking Area.

Part-II “S T A F F Q U A R T E R”

Proper upkeep and hygiene including cleanliness, maintenance of the Staff Quarters
and satisfactory performance of the work assigned in relation to above, which
includes the following areas.

1. All Floors of ‘A’, ‘B’ & ‘C’ Block Staff Quarters.

2. 64 Gents Toilets and 64 Ladies Toilets of ‘C’ Block Staff Quarters.
Surroundings of ‘A’, ‘B’ & ‘C’ Block Staff Quarters and Taxi Stand Area.

Note - Cleaning material will be provided by the Hotel.

- In exigency, cleanliness of any other area intimated by The Ashok Hotel.

14
Manpower Resources :
The Service Provider shall provide the aforesaid Job Contract Services round the clock in shifts
as per the requirement of The Ashok Hotel New Delhi. The Service Provider should ensure to
maintain the adequate number of manpower as committed and also arrange a pool of standby
staff of equal status. In case any staff of the Service Provider is absent from the duty, a reliever
of equal status shall be provided by the Service Provider from an existing pool of staff. The
leave arrangement as and when required shall have to be made by the Service Provider only
and there shall not be any additional liability on THE ASHOK HOTEL in this regard. The Service
Provider is deemed to have quoted to cover for extra manpower requires as relief on weekly
off/holiday/leave. Therefore, the Service Provider should supply extra manpower of suitable
category.
The Service Provider shall ensure that all persons employed by him shall be of good conduct,
character, efficient, and conversant with the nature of work. They should be in proper uniform
and identity cards whenever they are in the hotel complex. Antecedents of each worker and
supervisors of the Service Provider, who will be present/deploy in the premises of The Ashok
Hotel, New Delhi in connection with execution of assigned job, should be duly verified by the
Police Authority. No person having adverse antecedents should be permitted to work or visit
the premises of The Ashok Hotel, New Delhi during contract period. The Service Provider is
bound to remove any of the workers employed by him and arrange for replacement as and
when advised to do so. THE ASHOK HOTEL reserves the right to conduct further
verification/check in order to validate the checks conducted by the Service Provider. The staff
deployed by the Service Provider should be properly trained and experienced (10th class
preferred, unskilled category) for carrying out a wide variety of work as per the scope
using appropriate materials and tools/equipment.
The manpower deployed for services will remain available at the place of their duty as per duty
roster issued/posted by the Service Provider. The Service Provider will ensure that tender
specified manpower for rendering required service is available at the place of duty at all times.
If The Ashok Hotel finds that the Service Provider’s committed manpower is not
able to provide satisfactory service, the Service Provider will have to provide
additional hands on his own without any increase in the monthly bill. It shall be the
Service Provider’s responsibility to attend emergency work in time. In case of
reduction in scope of work at any time during the term of contract, the Service
Provider will reduce the mandays appropriately and payment will be reduced
proportionately to this effect.
The ASHOK HOTEL reserves the right to revise the scope of work under intimation of the
Service Provider. In case of revised scope of work(increased/decreased), the amount as
agreed with the Service Provider for providing assigned services shall be re-considered by The
ASHOK HOTEL.

The Supervisor, wherever it is mentioned to be deployed as per minimum workforce required,

will be responsible for smooth operation of the job under scope of work and to supervise the
work of the operative staff so deployed by the Service Provider in the said areas. The
Supervisor deployed by the Service Provider should be properly trained/skilled and experienced
(Supervisor - Matriculate but not Graduate).

15
Minimum Mandays Required :

Part-I Sanitation (Outer/periphery areas of the Hotel & Back Offices)

As per the volume of work, the minimum mandays (UNSKILLED CATEGORY)

required for the above job work is 30 mandays per day (10950 mandays per
annum). The Service Provider will also be required to provide Relievers as
required on Weekly Off/Leave and other permissible holidays.

Part-II Maintenance/Cleanliness of Staff Quarters

As per the volume of work, the minimum mandays (UNSKILLED CATEGORY)

required for the above job work is 18 mandays per day (6570 mandays per
annum). The Service Provider will also be required to provide Relievers as
required on Weekly Off/Leave and other permissible holidays.

Minimum 03 Supervisors (MATRICULATE BUT NOT GRADUATE) per days (1095

mandays per annum) will be provided by the Services Provider for Part-I & Part-II.
The Service Provider will also be required to provide Relievers as required on
Weekly Off/Leave and other permissible holidays.

The Service Provider is deemed to have quoted to cover for extra manpower required as relief
on weekly off/holidays/leave. Therefore, the Service Provider should employ extra manpower
of suitable category.

The above per category requirement is minimum nos. of mandays to be deployed by the
Service Provider. The Service Provider may decide to deploy more mandays per category
depending on their assessment of the scope of work for various activities. No additional
payment shall be made if the Service Provider keeps more staff at site for carrying out the job
contract.

In case in light of revised scope of work, if constituents of minimum mandays is required to be

changed, suitable increase/decrease in mandays may be effected. A notice shall be required to
be given immediately if impact of such change is more than 10% of the present minimum
mandays as enumerated above.

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Uniform :

The manpower deployed by the Service Provider shall be in proper uniform and identity
card whenever they are in the premises of The Ashok Hotel, New Delhi as per the details
furnished below :-

Supervisors
For Gents Staff
1 Coat T/C
2 Tie
2 sets of Terricot Trousers
2 sets of Terricot Shirts
2 sets of black Socks
1 pair black shoe
1 Name badge
1N95 Mask (reusable)

Operating Staff
For Gents Staff For Lady Staff
2 sets of Terricot Trousers 2 sets of Salwar
2 sets of Terricot Shirts 2 sets of Kameez
2 sets of black Socks 2 sets of Duptta
1 pair black shoe 2 sets of Socks
1 Name badge 1 pair Sandal
1 Thermal ware set (for winters) 1 Name badge
1N95 Mask (reusable) 1 Thermal ware set (for winters)
1N95 Mask (reusable)

Note:
 Uniform (as stated above) is to be provided by the Service Provider per annum.
(within 45 days after award to contract & within 30 days after starting of 2 nd Year of
contract)
 No branding of bidder/vendor will be allowed.
 The proper washing of the uniform of the workers to be deployed will be ensured by
the Service Provider.
 Colour, Pattern and design are to be approved first.
 Stitching charges to be borne by the service provider

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 MANPOWER STANDARDS

The Service provider will ensure the following:-

APPEARANCE

1. Manpower deployed will be able bodied having acceptable physical appearance.

2. Manpower deployed will maintain proper hygienic and pleasant manners.
3. Manpower deployed will wear uniforms, which will be clean, ironed and complete in all
respect (inclusive of shoes, socks, name badge etc.) while in the premises

SPEECH AND LANGUAGE

1. Manpower deployed will always speak politely and maintain discipline within premises
2. Manpower deployed will only use decent and parliamentary languages in their dealings within
premises

TECHNICAL KNOWLEDGE

1. Manpower deployed will have knowledge of the job assigned.

2. Manpower deployed will perform their assigned work in a positive & proper manner
3. Manpower deployed will effectively utilize material resources and minimize wastage
4. Manpower deployed will have knowledge of safely using cleaning materials, operating the
equipments etc.
5. Manpower deployed will have adequate knowledge of the cleanliness, hygiene and
fire regulations and adhere with the same
6. Manpower deployed will have adequate knowledge about the hotel & the department

BEHAVIOUR WITHIN WORK PREMISES / ESTABLISHMENT

1. Manpower deployed will always abide by the instructions of the Supervisors

2. Manpower deployed will report on duty in good health, clean and dressed in proper uniform
at their place of work on the time specified. Manpower deployed will not leave the
designated work place without the permission of the Supervisors
3. Manpower deployed will always be courteous and will not indulge in argument or gossip or
shout while in the premises.
4. Manpower will leave after completion of their duty.
4. Manpower will keep usage of cell / mobile phones & conversations to the minimum while
in the premises.

*******************

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 SECTION – B

GENERAL TERMS & CONDITIONS FOR CONTRACT.

It is understood that following shall be adhered to by the Service Provider upon signing the
bid documents and on submission of the bid:

1. That all directors/partners shall be liable jointly and severally and be responsible for
execution and operation of the assigned job in accordance with the contract terms.

2. That the persons to be engaged are adult workers who have attained the age of 18
years and restricted to 62 years of age. The persons so deployed should be in good
physique and sound health. The Service Provider should prohibit the same worker
working in more than one place in ITDC.

3. That the persons will be paid the Minimum Wages as per Minimum Wages Act and
other prevalent Acts & Rules as notified/ordered by the appropriate authority from
time to time.

4. That the monthly contributions on account of EPF & ESI etc. as applicable under
relevant rules for engagement of the persons will be paid by the Service Provider
from time to time to the appropriate authorities and the receipt/ECR thereof would
be produced to The Ashok Hotel on month to month basis before clearance of dues
/reimbursement on actual of a particular month; Half yearly/yrly ESI/PF Returns
should be submitted for verification within the due date.

5. That the Service Provider will be held responsible for any damage caused by his
person/persons to the property of The Ashok Hotel intentionally or unintentionally
in course of discharging of the work assigned to them or otherwise and the decision
of the Competent Authority of The Ashok Hotel regarding determination of such
compensation payable by the contractor shall be final and binding.

6. That the employees of the Contractor will be allowed paid holidays other than weekly
off day as per prevalent Labour Laws in NCT of Delhi at the cost of the contractor
firm.

7. That The Ashok Hotel will not be responsible to pay any other charges or
Costs/Compensation/Damage in respect of engagement of such employees of the
contractor except for what is specifically mentioned in the contract.

8. That due to administrative or any other reason(s), if no work is allotted or assigned to

the contractor’s employee for Job Contract for any day(s), then that/those day(s) will
be treated as “no work no pay” basis.

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9. That the employees of the Service Provider will sign the attendance Register and give
their face recognition/ID on the biometric/face reading (IRIS) machine to be
separately arranged and maintained by the service provider at Staff Entry Gate of
The Ashok Hotel, New Delhi at his own cost. In case of absence of Contractor’s
employee(s) except on weekly off/leave, the day/days will be treated as “No work no
pay” basis.

10. That the Service Provider will accept full and exclusive responsibility for payment of
Wages, PF, ESI, Bonus, Leave, Gratuity etc. and other statutory obligations, those
applicable presently under law or are made applicable in future by State/Central
Govt./Local Bodies in respect of his employees deployed by him at the site of
Principal Employer. The successful tenderer should accept full and exclusive
responsibility for insurance of all the persons deployed by him.

11. That the Service Provider shall also comply with the provisions of relevant Acts viz.
Contract Labour (Regulations and Abolition) Act, 1970, Industrial Disputes Act,
Employees State Insurance Act, Workmen’s Compensation Act, Payment of Wages
Act, Payment of Bonus Act, Payment of Gratuity Act, Shops & Establishment Act,
Employee’s Provident Fund and Miscellaneous Provisions Act, 1952, Minimum
Wages Act and other applicable Statutory Laws, Rules and Regulations, and as
modified from time to time and take such necessary steps as may be deemed
necessary in this regard. If the Payment of Bonus Act is applicable to the tenderer’s
firm, they should comply with the provisions of the Act and the rules made there
under, as modified from time to time. The Contractor shall satisfy all the queries
asked for by the representatives/ Authorities of the Labour
Department/EPF/ESI/The Ashok Hotel etc. and produce all relevant documents
during inspections.

12. That if, because or any strike or lockout in the Company, the Service Provider is
unable to function or his business is affected, the Company shall not be liable for
any loss which the Service Provider may suffer in this regard.

13. That the Service Provider shall ensure and keep insured its personnel so deployed in
the premises of The Ashok Hotel, New Delhi against all liabilities for death and/or
injury whatsoever, that may arise in course of or on account of any accident while
performing the assigned job. The Ashok Hotel/ITDC will not be responsible and
shall not be held liable for any such death, injury or accident to employees and other
personnel deployed by the Service Provider. In the event of The Ashok Hotel/ITDC
is held liable to pay any damage or compensation in respect of such employees (of
the Contractor), the Service Provider shall reimburse such damage or compensation
on demand from The Ashok Hotel/ITDC or The Ashok Hotel/ITDC shall be
entitled to recover/adjust the same from the amounts payable to the Service
Provider/Contractor towards his monthly bills or from his Security Deposit. Service
Provider shall indemnify The Ashok Hotel, New Delhi from any claim made or
damages suffered by The Ashok Hotel, New Delhi by reason of any default on the

20
 part of the Service Provider or its employees in due observance and performance of
the provisions of law applicable to the matter relating to the manpower.
14. Obligation of Service Providers to be adhered to:
 Obtain Labour License at his cost from the appropriate Licensing Officer.
 Employment Card as per Rule 76 of Contract Labour (R&A) Act.
 Appointment Letter to his employee.
 In addition to weekly off and 03 paid National Holidays viz Republic Day,
Independence Day, Gandhi Jayanti, a total number of 27 (15PL & 12CL) days
in a calendar year shall be admissible to the workmen of the Service Provider
as leave with wages, which is to be extended by the Service Provider.
 Maintain all records and Registers required under the Law.
 Remit Provident Fund contributions with appropriate authority in prescribed
forms.
 Deposit ESI Contribution with appropriate authority.
 Obtain insurance cover in respect of his staff at his own cost.
 Submit challans & ECR of PF & ESI contributions every month.
 Distribute wage slip to his employee each month.
 Ensure payment as per Minimum Wages Act 1948(as revised time to time by
the appropriate Govt.).
 Submit PF & ESI Monthly/Half Yearly/ Yearly Returns & Inspection report.
 Install Biometric (face reading) Attendance Machine/IRIS at his own cost and
maintain Attendance in register and biometric computerized attendance
system in respect his manpower deployed in The Ashok Hotel, New Delhi
and submit the same as and when required/asked for by The Ashok Hotel.
 The Wages of workmen are to be paid by the 7th of every month.
 Submit duly signed and stamped undertaking/Declaration as per standard
proforma enclosed with NIT with monthly bill.

15. Earnest Money : NIL. However, Bidders are required to submit Bid Security
Declaration as per format annexed at Annexure ‘II’ on non-judicial stamp paper
of Rs. 100/- or the amount as may be applicable in the respective state -
whichever is higher and signed and scanned copy of the said Declaration has to
be uploaded along with technical bid and original document is to be submitted
in the office of Chief(HR), The Ashok Hotel on or before the due
date/extended due date of submission of bid. Cost of the stamp paper is borne
by the bidder.

16. One Bid per Bidder :

Each Bidder shall submit only one Bid, either individually, or as a partner in a
partnership firm or a public limited firm for the job work as outlined in the NIT. A
Bidder who submits more than one Bid will be disqualified.

17. Amendment of Tender Documents :

21
 Before the deadline for submission of Bids, The Ashok Hotel may modify the
bidding documents by issuing addenda. Any addendum thus issued shall be part of
the bidding documents and shall be hosted on the website
https://etenders.gov.in/eprocure/app or http://www.itdc.co.in. To give
prospective Bidders reasonable time in which to take an addendum into account in
preparing their Bids, THE ASHOK HOTEL shall extend, as necessary, the deadline
for submission of Bids and the same is also to be notified on the said website. There
will be no separate press advertisement.

18. Site Visit :

18.1 The Bidder, at his own responsibility, cost and risk, is encouraged to visit and
examine the Site of work and its surroundings and obtain all information that
may be necessary for preparing the Bid and entering into a contract for
execution of the work. The costs of visiting the Site shall be at the Bidder's own
expense. It shall be deemed that the tenderer has visited the site/area and got
fully acquainted with the working conditions and other prevalent conditions
whether he actually visits the site/area or not and has taken all the factors into
account while quoting his rates.

18.2 It will be imperative of each Tenderer to fully inform himself/herself of all legal
conditions and factors which may have any effect on the execution of the
contract as described in the tender documents. The Ashok Hotel shall not
entertain any request for clarification from the bidders regarding such legal
conditions.

18.3 It is the responsibility of the bidder that all factors have properly been
investigated and considered while submitting the bid and that no claim
whatsoever including those for financial adjustment to the contract awarded
under the bidding documents will be entertained by The Ashok Hotel.

19. Amendments/Modification and Withdrawal of Bids :

In case the bidder has submitted the bid well before the deadline such bidder is
permitted to submit alteration/modification to his tender upto the last date and
time of bid submission. Withdrawal of a bid at any time will make bidder to be
suspended from participation in any tender of The Ashok Hotel/ITDC for a
period of one year.

20. Change Orders or Additional Work :

The Ashok Hotel may at any time by a written order given to the Service Provider
make changes within the existing general scope of the contract. It is understood that
any changes/modifications to the scope of work prior to signing this contract will
not constitute a change order. Any work or operation which shall be necessarily
incidental to the proper performances of any item or work or part thereof shall be

22
 deemed to have been by implication provided for in the relevant item of work or part
thereof and shall not constitute extra work. Any extra quantity of work already
awarded will not come within the scope of “Extra work”.

21. Bid Validity:

Bid shall remain valid for a period not less than of 120 days from the date of opening
of technical bids. A bid valid for a shorter period shall be rejected by The Ashok
Hotel. In exceptional circumstances, prior to expiry of the original time limit, The
Ashok Hotel may request the bidders to extend the period of validity for a specified
additional period. The request and the bidder's responses shall be made in writing. A
bidder may refuse the request to extend for specified additional period. A bidder
agreeing to the request will not be required or permitted to modify his bid but will be
required to extend the validity of his bid security for a period of the extension.

22. Rate Validity :

The prices/rate shall be quoted by the Bidder entirely in Indian Rupees. All rates
quoted shall not be affected by any escalation in rates whatsoever and valid for the
total period of contract. Items for which no rate or price is entered by the bidder will
not be paid by THE ASHOK HOTEL when executed and shall be deemed covered
by the other rates and prices in the price bid. However, any change in the minimum
wages and statutory payment being notified from time to time by appropriate
authorities, the agreed rate will be considered for revision only after written request
received from the concerned Service Providers after payment to his workmen on
revised rate.

23. The bidder shall accept all the clauses of NIT failing which their bid/tender is liable
to be rejected. No claim for financial or any other adjustments to Value of Contract,
on lack of clarity of any such factors shall be entertained.

24. Performance Security/ Security Deposit :

24.1 Security Deposit shall consist of two parts;

a) Performance Security to be submitted at award of work and

b) Retention Money to be recovered from running bills.

The security deposit shall bear no interest.

24.2 Performance Security should be 3% of contract amount and should be submitted

within 15 days of receipt of LOA by the successful bidders in the form of Demand
Draft/RTGS/NEFT or any other on line mode in favour of The Ashok Hotel on any
Scheduled Bank payable at New Delhi. Failure of the successful bidder to comply with the
requirement as above shall constitute sufficient ground for cancellation of the award of work
and banning/delisting the firm without any intimation.

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24.3 Retention Money should be deducted at 3% of the gross amount from every monthly
bill. Retention Money will be refunded after three months subject to submission of
documents for statutory compliances i.e. ESI, PF remittances etc. and reconciliation by The
Ashok Hotel.
24.4 Performance Security will be refunded within 30 days after completion of contract
period or after expiry of the final extension of the contract or early closure/termination of
contract due to administrative reasons or for any cause whatsoever, subject to submission of
clearance certificate from all departments and necessary certificate/proof regarding deposit
of PF & ESI and other statutory dues with the appropriate authorities. Contractor shall
submit an affidavit certifying that the legal dues of all the workmen have been duly settled.
The Contractor shall also submit an Indemnity Bond indemnifying The Ashok
Hotel/ITDC) or may otherwise arise in respect of any statutory liability(ies) concerning his
employees deployed with the Principal Employer.

25. GST :

25.1 Quoted prices/rate should be inclusive of all taxes and duties, except GST & GST
cess(if applicable) hereinafter termed as GST. Please note that the Supplier(Service
Provider) shall submit the GST compliant tax invoice/debit note/revised tax invoice.
GST charged in the tax invoice/debit note/revised tax invoice by the Supplier shall
be released separately to the Supplier only after Supplier files the outward supply
details in GSTR-1 on GSTN portal and Reconciliation of Inward supply is done by
The Ashok/ITDC with corresponding details of outward supply of Service Provider
and Supplier accept the changes made by The Ashok Hotel/ITDC and has paid the
GST at the time of filling the monthly return.
25.2 The Vendor shall pass the benefits accrued due to the GST to The Ashok Hotel/
ITDC . In contingency of any legal proceedings/action taken by the tax authorities
for non compliance of anti profiteering clause by the Vendor, the Vendor shall
indemnifies The Ashok/ITDC from any losses monetary or otherwise suffered on
account of non compliance of anti profiteering clause by the Vendor.

25.3. The Vendor shall indemnify The Ashok Hotel/ITDC from any direct or indirect
losses suffered by the ITDC due to non compliance on part of vendor under GST
Act, which may effects the GSTN rating of The Ashok/ITDC.

25.4. In case of any non-compliance by the vendor which results into loss of input tax
credit under GST Law to The Ashok Hotel/ITDC, the vendor shall pay The Ashok
Hotel/ ITDC an amount equal to lost input tax credit along with interest/penalties
or any other monetary loss suffered because of such non compliance under GST Act.

25.5. Vendor shall indemnify The Ashok/ ITDC against any loss monetary or otherwise
arising due to legal proceedings initiated by the tax authorities as a result of non
compliance/default in paying tax by The Ashok/ITDC. Vendor shall indemnify The
Ashok/ITDC in respect of the recourse action in case of “BLACK LISTING” under
24
 the ‘’Compliance Rating Score’’ mechanism due to non compliance/ default by
Vendor.

25.6. In case of any new tax/levy/duty etc becomes applicable after the date of Bidder’s
offer but before opening of the price bid, the Bidder/Contractor must convey
separately its impact on his price duly substantiated by documentary evidence in
support of the same before opening of Price bid. Claim for any such impact after
opening the Price Bid will not be considered by The Ashok for reimbursement of tax
or reassessment of offer.
26. Insurance Coverage :

The Service Provider shall take accidental Insurance coverage for their employees
other than ESI and undertake to indemnify and keep indemnified The Ashok
Hotel/ITDC from against all manners of claims and demands, losses, damages and
cost (including Legal costs) and expenses that may arise in regard to the same or that
The Ashok Hotel/ITDC may suffer or incur with respect and / or incidental to the
same. The contractor at his own expenses arranges to effect and maintain until the
virtual completion of the contract.

27. Corrupt or Fraudulent Practices :

The Ashok Hotel requires that Service Provider observes the highest standard of
ethics during the execution of the Contract. In pursuance of this policy, The Ashok
Hotel will reject a proposal for award if it determines that the bidder recommended
for award has indulged in corrupt or fraudulent practices in competing for the
contract in question. Further, The Ashok Hotel will declare the Service
Provider/Firm ineligible and put on Holiday, either indefinitely or for a stated period
of time if it at any time determines that the Firm has indulged in corrupt/fraudulent
practices in competing for, or in executing a contract.

28. Change of Ownership :

The Service Provider shall notify The Ashok Hotel of any material change in their
status in particular where such change would impact on performance of obligations
under this contract.

The obligation of the service provider/firm under this contract shall not cease even if
the Ownership changes. The successor or transferee shall have the obligation to
perform the contract. In the event of the Service Provider, with prior
consent/approval in writing, transferring the business during the period of this
contract, the Service Provider shall make it one of the terms and stipulations of the
contract for the transfer of his properties and business, that such other person or
company, shall continue to perform the duties or engagements of the Service
Provider under this contract and be subject to his liabilities there under.

25
29. Force Majeure Clause :

Any delay or failure of the performance of either parties thereto shall not constitute
default hereunder or give rise to any claim for damages, if any, to the extent such
delays or failure of performance caused by occurrences such as acts of God or the
public enemy, expropriation or confiscation of facilities by Government authority,
compliance with any order or request of any Governmental authorities, acts of war,
rebellion, sabotage, fire, floods, explosions, riots or illegal strikes, provided always
that such occurrences result in impossibility of performances of the contract. Only
events of Force Majeure which impedes the execution and/or performance of the
contract at the time of its occurrence shall be taken into cognizance.

30. Blacklisting/Removal from Work :

30.1 The Service Provider shall be removed from the work under the following
circumstances:
 If the Service Provider is convicted under a criminal act.
 If the Service Provider has been found guilty of adopting corrupt practice
or proven misconduct.
 If the Service Provider has become insolvent/bankrupt.
 If despite warnings, the Service Provider does not ensure improvement
the performance or does not initiate any steps to meet the complaints.

30.2 The Service Provider shall be blacklisted for a specific period under any of the
following circumstances:
 If the Service Provider fails to execute the contract or execute it
unsatisfactorily or it is proved to be responsible for unsatisfactory
performance.
 If the contracts awarded to the Service Provider, anywhere in the
department have been rescinded by the Service Provider for unjustified
reasons.
 If the Service Provider is found to have given false information at the time
of enlistment.
 If Service Provider violates the labour regulations and other
contract/company laws.
 If the Service Provider has been found involved in unethical business
practices.
 If the Service Provider has been found adopting wrongful means to
influence the departmental authorities/Officers of The Ashok Hotel.
 If Service Provider abandons the contract at any stage during the tenure of
the contract.
 In addition any other reason the Competent Authority may deem fit.

26
 30.3 The Service Provider who has been blacklisted shall not be allowed to
participate in all the tenders anywhere in the ITDC and its Units in future.
Besides the above, the Management shall be at liberty to initiate any other
action or actions as deemed fit & proper.

30.4 The near relatives of all The Ashok Hotel employees are prohibited from
participation in the tender. Near relatives for this purpose is defined as:
a) Members of Hindu undivided family.
b) Husband/wife of the employee.
c) Employee’s father, mother, son(s), son’s wife, sister & sister’s husband
(brother-in-law).

30.5 The tenderer(s) should give a certificate/undertaking (as per enclosed format)
to the effect that none of his/her such relative is working in The Ashok Hotel
as defined above. The certificate will be signed by the authorized signatory on
behalf of all Directors/Partners as the case may be and the same will be
construed as declaration given by them, failing of which the tender/work will
be cancelled and security deposit will be forfeited at any stage whenever it is
noticed. The Ashok Hotel will not pay any damages to the company or firm
or concerned person. The company or firm or the person will also be
debarred from further participation in the tender process in all the units of
India Tourism Development Corporation Ltd. and shall be blacklisted.

30.6 Absolute loyalty/Secrecy of information on The Ashok Hotel is expected

from the Service Provider and persons so engaged by him for the services
requisitioned by The Ashok Hotel. If any sort of breach of
loyalty/misconduct with the Staff or Officers or Customers or Clients directly
or indirectly related to The Ashok Hotel/ITDC is noticed, the Service
Provider will be legally bound to withdraw that person/persons immediately
on a written request from the competent authority of The Ashok Hotel failing
which the contract will be liable for termination without any further notice.

30.7 The Ashok Hotel is not under any obligation to accept the lowest
tender/tenders and reject any or all the tenders without assigning any reason
whatsoever, and also to distribute the work and allot the work/works to more
than one tenderer at its sole discretion.

31. No Right to Recourse :

Any decision made by The Ashok Hotel in relation to the selection of a short list
from the Tenders will be final. The Ashok Hotel is not liable for any costs or
expenses incurred by a Bidders in preparing and lodging the proposal and
presentation, if any, thereafter irrespective of whether the Tender is successful in
proceeding to the next stage in the process or not.

32. General Selection Process :

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 32.1 Technical bids will be opened online on scheduled date and time. On the
basis of information furnished by the tenderers in Technical Bids along with
supporting attested documents wherever necessary, the tenderers will be
technically evaluated by The Ashok Hotel against the prescribed eligibility
criteria. It is made clear that the bids of Tenderers, who do not qualify
during technical bid stage, will not be taken up further for evaluation.
32.2 The technical bids will be reviewed for compliance of the bids with the
necessary technical requirement and scope of work of NIT. The technical bids
will be analyzed and evaluated on specific experience of the bidders, financial
capability of the bidders and prior credentials of the bidders etc as per the
criteria prescribed in the NIT. It will be based upon an examination of the
documentary evidence (duly attested by Gazetted Officer/an Officer of a
PSU/Chartered Accountant of the Firm) submitted by the bidders as a part of
the bid as well as such other information as The Ashok Hotel deems
necessary and appropriate.

32.3 The Financial Bids of all the technically qualified bidders shall be opened on-
line at a scheduled time and date to be informed to concerned technically
qualified bidders online.

32.4 Besides other terms and conditions highlighted in the tender documents, bids
may be rejected under following grounds :

 Technical bid containing financial bid details.

 Bid providing information/documents which is found to be incorrect/
misleading at any stage/time during the tendering process.
 Incomplete bid that do not quote for the complete scope of work as
indicated in the bid documents, addendum (if any)
 Bids which do not conform to The Ashok Hotel Technical /Financial Bid
Format

33. Award of work :

33.1 The price/rate offers in the prescribed financial bid format received shall be
studied in detail and a comparative statement of substantially responsive bids
shall be prepared. A substantially responsive tender offer is one that conforms
to all the terms, conditions and specifications included in Tender Documents.
It is clarified that The Ashok Hotel is not bound to accept any offers, even
though lowest and at the same time The Ashok Hotel will reasonably examine
to ensure, whether the rates are workable or not without compromising the
quality and if required the rate analysis of the party shall be obtained and
studied before recommending such offer.
33.2 If, however, a technically acceptable tenderer becomes L-1 as per
comparative statement of price bid due to under quote towards prescribed
minimum wages, statutory payments etc, the tender of the particular bidder
shall be rejected as non-responsive and next lowest technically acceptable and
28
 not under quoted financial bid towards prescribed minimum wages, statutory
payments etc. shall be taken as L-1.
33.3 It is reiterated that only lowest offer of substantially responsive bids quoting
the rate towards prescribed minimum wages and statutory payment in
accordance with the rules applicable for employment of contract labour shall
be considered.
33.4 The Letter of Acceptance will be issued accordingly which shall constitute the
intention of The Ashok Hotel to place the order for aforesaid job contact
with the successful bidder/s. The agreed rate shall be in force for the
entire period of contract and extension, if any and shall not be revised
under any circumstances except increase in Minimum Wages by the
appropriate authorities and statutory payments.
34. Submission of Bills & Payment Terms
34.1 The Service Provider will ensure that the wages be disbursed through NEFT
or A/C payee cheque under unavoidable circumstances latest by 7th of every
month in presence of Management Representative. In case deployed
manpower of the Service Provider does not have Bank Account, it is the
responsibility of the Service Provider to get the bank account opened
immediately in respect of such manpower. In case the agency does not
disburse wages to the deployed manpower by 10th of every month, a penalty
of Rs. 5000/- per incident shall be levied. Further, if the wages are disbursed
by the agency beyond 10th of every month then a penalty of Rs. 10,000/- per
incident shall be levied along with a formal complaint to the Labour
Commissioner.

34.2 The Service Provider shall submit the monthly bill on or before the 15th of
following month for the services rendered/provided in the last month as per
the scope defined. All payment will be made through RTGS/Account Payee
Cheque only. The Service Provider will submit the following documents
along with bill to The Ashok Hotel, New Delhi –
i. Verified Biometric/IRIS Attendance records of the staff deployed for the
month duly verified by the concerned Head of Department of The Ashok
or his/her nominee.
ii. Copy of wage Register wherein the name of the worker, his father’s
name, Bank Account Number, PF & ESI No. etc. should be mentioned
alongwith salary transfer sheet through NEFT
iii. Copy of all labour related statutory fillings including but not limited to
EPF/ESI challans/ECR Form 36-B of relevant Act etc.
iv. Undertaking of the agency & satisfactory performance certificate from
concerned HOD.
34.3 The bill payment shall be released by The Ashok Hotel only after receipt and
scrutiny of the challans and other relevant documents. In the absence of such
proof of having deposited statutory dues/relevant amounts with appropriate
authorities, payments will not be released. Payment towards the bill amount

29
 will be subject to deduction of taxes at sources and penalty (if any) as per the
terms and conditions of contract.
34.4 The tax deduction at source (TDS) shall be deducted as per the provisions of
Income tax department, as amended from time to time and a certificate to this
effect shall be provided to the service provider. In case, the Successful bidder
fails to comply with any statutory / taxation liability under appropriate law
and as a result thereof The Ashok Hotel is put to any loss / obligation,
monetary or otherwise, The Ashok Hotel will be entitled to get itself
reimbursed out of the outstanding bills or the Performance Security Deposit
of the agency, to the extent of the loss or obligation in monetary terms.

35. The Services of the Service Provider can be utilized in other Delhi Based
Units/Divisions/Offices of ITDC at the same service charge, terms and conditions,
in case of requirement.

36. In case, any manpower is deployed by the Service Provider in the middle of the
month or any manpower leave the job in between, service charge will be paid to the
Service Provider on pro-rata basis.

**************

30
 SECTION – C

THIS LETTER TO BE SUBMITTED BY THE TENDERER ON LETTER HEAD

The General Manager

THE ASHOK HOTEL
(a unit of India Tourism Development Corporation Ltd.)
Diplomatic Enclave,
50-B, Chanakyapuri,
New Delhi-110021

Sir,

I,..........................................................................., Proprietor/ Authorized Signatory / Partner /

Manager of M/S. …........................................., solemnly declare that:

Having examined and understood the terms and conditions of job contract laid down in the
Bid Documents, we the undersigned offer for job works ………………………. in
conformity with the said specified conditions of contract.

If I/We fail to keep the tender open for a period of 120 days validity after opening the
tender or make any modifications in the terms and conditions therein which are not
acceptable to the hotel, I /We agree that the hotel shall without prejudice to any other right
or remedy be at liberty to take action in the matter. Until a formal Work Order or contract is
prepared and executed this Bid together with your written acceptance thereof in your
notification shall constitute a binding contract between us.

We undertake, if our Bid is accepted, we will furnish the Security deposit in the form of
Demand Draft(of any scheduled bank)/RTGS/NEFT or any other on-line mode for the
sum as stipulated in the Tender Document, which will be released only on The Ashok Hotel
being satisfied that all statutory/other dues are complied /paid in full. We understand that
you are not bound to accept the lowest or any bid you may receive.

I, hereby also agree to execute a “Service Level Agreement” with the Tenderee within 15
days of receipt of the Letter of Acceptance from the Tenderee based on all the terms and
conditions laid down in the Tender Document and any other agreed terms and conditions
during finalization of contract in the event of being selected as a successful tenderer. If, after
receipt/acceptance of LOA/work order, I/We fail to commence the execution of the works
within a week or as communicated by Management of The Ashok Hotel, I/We agree that
action as deemed fit may be taken against us/me.

If any information and document submitted is found to be false/ incorrect at any time,
THE ASHOK HOTEL shall have the absolute right to cancel my/our Tender/Contract
and action as deemed fit may be taken against us/me, including termination of the contract,

31
forfeiture of all dues including performance security and banning/ delisting of our firm
without any prior intimation to me/us.

Date : Signature ___________________________

(Name in Block Letters of the Signatory)

Attach Copy of Power of Attorney (Documentary proof)

32
 DECLARATION
Declaration by the tenderer on official letter head stating the following:

Dear Sir,
We hereby confirm that I/we am/are not under any 'liquidation', any 'court receivership' or
similar proceedings and 'bankruptcy'.
We further confirm that we have not been blacklisted or kept under holiday by any Public
Sector Undertaking/Government Organization/The ASHOK HOTEL/ITDC/any other
organization. We are not involved in any major litigation that may have an impact of
affecting or compromising the delivery of services as required under this tender.
We hereby undertake that M/s……………………………….(agency’s name) and his
Partner/Company including its Directors applying for the contract does not have any type
of criminal records nor any type of criminal proceedings are pending before any court of
India or abroad.
If we become a successful Bidder and pursuant to the provisions of the Bidding Documents,
award is given to us for ………………………………(name of the contract), the following
Certificate shall be automatically enforceable.
"We agree and acknowledge that The Ashok Hotel (A UNIT OF ITDC) is entering into the
Service Level Agreement solely on its own behalf and not on behalf of any other person or
entity. In particular, it is expressly understood and agreed that the Government of India is
not a party to the Agreement and has no liabilities, obligations or rights there under. It is
expressly understood and agreed that The Ashok Hotel is authorized to enter into
Agreement, solely on its own behalf under the applicable laws of India. We expressly agree,
acknowledge and understand that THE ASHOK HOTEL is not an agent, representative or
delegate of the Government of India. It is further understood and agreed that the
Government of India is not and shall not be liable for any acts, omissions, commissions,
breaches or other wrongs arising out of the Agreement. Accordingly, we hereby expressly
waive, release and forego any and all actions or claims, including cross claims, VIP claims or
counter claims against the Government of India arising out of the Agreement and covenants
not to sue to Government of India as to any manner, claim, cause of action or things
whatsoever arising of or under the Agreement."
We agree that if any discrepancy is noticed at any time, our Bid may be rejected /
terminated. We have read and agreed to the terms and conditions laid down by The Ashok
Hotel for this contract.

(Signature of the Authorized Person)

Date: Name:………………………………….
Place: Designation …………………………
Business Address: …………………..
Seal:…………………..

33
 Format for Affidavit: Non-judicial stamp paper of 10/-

AFFIDAVIT

I/We,…………...............................................................................,Director /Proprietor /
Authorized Signatory/Partner/Manager of
M/S……..........……………………..........................………, solemnly declare that :

1. We are submitting Tender for .....................................................................................

.............................................................against Tender Notice No. .......................................
....................................................... dated……………………………

2. That none of my/partner’s relative(s) is/are employed in The Ashok Hotel (A UNIT
OF ITDC).

3. All information furnished by us in respect of fulfillment of eligibility criteria and

qualification information of this Tender is complete, correct and true.

4. All documents/credentials attached along with this Tender are genuine, authentic,
true and valid.

5. In case any ambiguity is noticed in documents (listed out documents submitted at any
stage), we shall be entirely responsible and liable for any action as deemed fit under the law.
The Ashok Hotel (A UNIT OF ITDC) shall have the absolute right to cancel my/our
Tender/Contract and action as deemed fit may be taken against us/me, including
termination of the contract, forfeiture of all dues including Security performance and
banning/ delisting of our firm without any prior intimation to me/us.

6. I/we agree that I/we have not applied in the name of sister concern for the subject
empanelment process. Further, I/we agree that the decision of The Ashok Hotel in
selection of contractor for the said job contract will be final and binding on me/us.

Signature of the tenderer,

Dated ..........................

34
 Technical Bid Proforma
TENDER DETAILS : Technical Bids
Bidders are requested to provide the information outlined in FORMAT in this section as
part of the Tender. Responses must be provided in the same order as at the FORMAT
numbering and headings, although Format templates can be reproduced.
A.I: BIDDER’s DETAILS
COMPANY NAME

Name and designation of contact person with

telephone/mobile number
Date and place of incorporation

Date of business commenced

Registered company address

Address for service of notices

Telephone no:
Facsimile no:
Email
Nominated representative for this tender
response
Name
Position
Mailing Address
Direct Telephone
Mobile
Email Address
Status of the company (Limited Company/
Partnership/ Hindu Undivided Family
Business/ Sole Proprietor ) (Please attach
photocopy, Memorandum of article, etc.)
PF Registration No.
ESI Registration No.
Registration under Contract Labour (R&A)
Act(If not applicable, please give reasons)
GSTIN No.
Income Tax (Give PAN No.)

35
Firm’s Registration number, if any (Registration
Certificate to be attached)
(Please attach photocopy)

I/We hereby confirm that the undersigned/any of the partners/any of the Directors of the
Company applying as Service Provider did not/do not had/have any criminal record.
Further we hereby declare that the above information is true to the best of my/our
knowledge and belief. In the event, the information is found to be false or incorrect,
my/our tender/contract may be cancelled/terminated without any notice.

Signature in the capacity of

SEAL
Date:

A.II: List of Key Personnel in the Agency/Firm and their details(Organizational Set
up)
Sl. Name & Designation Mobile No. Educational Experience Whether
No Qualification trained or
to be
trained for
specialized
jobs.

A.III: Details of Companies / Firms:

Yes/No
(Whether Limited Company/Partnership/Hindu Undivided Family Business/Sole
Proprietor (Consortium/Joint Venture not permissible).

B.I: OPERATIONAL EXPERIENCE OF 3 YEARS: Yes/No

BII. DETAILS OF WORK EXPERIENCE:
The Bidder is required to provide details of previous relevant experience similar to this
scope of work. Tenderers should provide copies of successfully completed work orders/
signed contracts during the last seven years ending 31.03.2019 in the format below (list all
credentials)
{Pl. refer Section-A of Tender Documents while furnishing detailed experience}
Sl. Name of the Contract End Nature of No. of Name, address,
No Client Start date date service manpower Tel. no of
36
 organization provided deployed contact person
in client org*

*The Ashok Hotel/ITDC reserve the right to contact the person mentioned to verify the
details of information provided by the bidder.
C. Annual Turnover:
Average Annual Financial Turnover of the Bidder during last 3 years 2016 -17, 2017 -18
& 2018 -19 should be 30% the estimated tender value.
Item FY 2016 -17 FY 2017 -18 FY 2018 -19
Annual Turnover (in
INR)

(Should attach copy of Audited financial statements (Balance Sheet and Profit &
Loss Account) / Certificate from the CA for previous 3 financial years)
D. Has the Agency/Firm been black listed by any Public Sector Enterprise / Any other
Organization: Yes/No
E. Does the Agency/Firm has business with any other Units(s) of ITDC ? Yes/No
(If yes, attach details)

F. Whether the Agency is ISO certified: (If yes, attach details) Yes/No
(This is desirable)

G. Bid Security Declaration as per prescribed format Yes/No

H. Valid registration certificate under MSME Act Yes/No

I/We hereby confirm that the undersigned/ none of the partners in the Agency / none of
the Directors of the Company applying for the service provider had / have any criminal
record. Further we hereby declare that the above information is true to the best my/our
knowledge & belief. In the event, the information is found to be false or incorrect, my/our
tender/ contract may be cancelled/terminated without any notice.

Signature in the capacity of

DATE:
SEAL

37
 TECHNICAL BID
B: DETAILS OF WORK EXPERIENCE FOR QUALIFYING IN TECHNICAL
BID PURPOSE ONLY
Note: {Pl. refer Section-A of Tender Documents}
Detail of previous experience of service provider of having successfully completed similar
works /contracts or closely related works in 5/4/3 star hotels, hospitals, Govt. Bodies, large
commercial establishments, Autonomous bodies, Educational Institutes during last seven
years ending 31.03.2019.
Sl. No Description Contract/Work- Contract/Work Contract/Work
I - II -III
1 Name of the
Contract/Work

2 Name , Address &

Telephone No. of
Client*
3 Nature/details of
service provided
under contract
4 Nos. of manpower
deployed under
contract
5 Date of
Commencement
6 Actual Date of
Completion
7 Annualized Value
of each completed
contract (in )
(Excluding
Service
Tax/GST).
1. Only the annualized value of each completed contract as executed by the tenderer in his own name should
be indicated.
2. Work order/agreement and its corresponding Client’s certificate/Completion Certificate clearly indicating
details of service provided and annualized value of each completed contract excluding service tax/GST
to be enclosed.
3. In case any Client’s/Completed certificate submitted for qualifying in technical bid purpose does not
show specifically annualized value of the completed contract excluding Service Tax/GST, equivalent amount
towards service tax/GST will be deducted (Sl.7 above) for determining the annualized value of completed
contract/work.
* THE ASHOK HOTEL reserve the right to contact the person mentioned to verify the details of the
information provided by the bidders.
Signature in the capacity of………….
DATE:
SEAL

38
 ANNEXURE -
BID SECURITY DECLARATION
(To be executed on a non-judicial stamp paper of Rs. 100/- or the amount as may be
applicable in the respective state – whichever is higher)

Date: Tender No.

To,

The Ashok Hotel

Diplomatic Enclave
50-B, Chanakyapuri
New Delhi – 110021.

I/We. The undersigned, declare that:

I/We understand that, according to terms and conditions of the NIT/RFP, bids must
be supported by a Bid Security Declaration.

I/We accept that I/We may be suspended from participating in any tender of The
Ashok Hotel/ITDC for a period of one year from the date of issue of LOA or from
the date of notification with regard to suspension, whichever is earlier, if I am /We
are in a breach of any obligation under the bid conditions/RFP, because I/We:

a) have withdrawn/modified/amended, impairs or derogates from the tender/RFP,

my/our Bid during the period of bid validity specified in the NIT; or

b) having been notified of the acceptance of our Bid by the The Ashok Hotel/ITDC
during the period of bid validity (i) fail or refuse to execute the contract, if
required, or (ii) fail or refuse to furnish the Performance Security, in accordance
with the Instructions to Bidders.

I/We understand this Bid Securing Declaration shall cease to be valid if I am/we are
not the successful Bidder, upon the earlier of (i) the receipt of your notification of the
name of the successful Bidder; or (ii) thirty days after the expiration of the validity of
my/our Bid.

SEAL,SIGNATURE & NAME OF THE BIDDER

Signing this document

39
 TECHNICAL PARAMETERS TO QUALIFY FOR THE TENDER
Parameters furnished below are essential in order to be eligible for the bid and only those
Agencies who meet the requirements and provide documentary proof of the same will be
considered for evaluation.
Please attach relevant documents duly attested by Gazetted Officer or an Officer of a PSU
or Chartered Accountant of the firm. All documents uploaded by scanning original attested
copies and in a readable font. In absence of any supporting documents, bid is liable to be
rejected summarily.
S. No Required Supporting Attached
Criteria
Documents (Yes/No)
A B C D
1 Status of the Firm/company (Limited Furnish appropriate
Company/Partnership/Hindu Undivided attested documents
Family Business/ Sole Proprietor etc.) (Partnership deed/ Article
of Incorporation,
Memorandum of article
documents/certificate of
incorporation)
2 The firm/company having operational Attach attested
experience of providing manpower of agreements/ experience
minimum 3 years ending last day of month certificates/signed
previous to the one in which applications contract & extension
are invited, in 5/4/3 star hotels, hospitals, thereof/ completion
Govt. offices, large commercial certificate from
establishments, Autonomous bodies and various clients
Educational Institutes etc.
3 Experience of having successfully completed Attach attested Work
similar work/contract during last seven years order & agreement
as on 31.03.2019 be either of the following:- and its corresponding
a) Three similar completed Client’s/ Completion
works(contracts) costing not less than Certificate to prove
the amount equal to 40% of the tender experience of having
value (estimated cost) excluding Service successfully completed
Tax/GST. works/ contracts
or specifically furnishing
b) Two similar completed works (contracts) details of service
costing not less than the amount equal to provided and value of
50% of the tender value (estimated cost) completed contract
excluding Service Tax/GST. excluding service
or tax/GST.
c) One similar completed works(contracts)
costing not less than the amount equal to
80% of the tender value (estimated cost)
excluding Service Tax/GST.
4 The Bidder has the appropriate Quality Attach appropriate
Assurance Accreditation and Management attested documents- such
as a valid ISO: 9001
standards, practices and processes certification
40
 certification. This is Desirable.

5 PAN number of the Bidder issued by the Furnish appropriate

Income Tax Dept. Govt. of India. attested documents
6 Should have valid GSTIN Number Furnish appropriate
attested documents
7 Should have PF Registration independently Furnish appropriate
attested documents
8 Should have ESI Registration independently Furnish appropriate
attested documents
9 Should not have been blacklisted for Declaration on the
business by any PSU/ Govt. Depts. etc. as official letter head of the
per enclosed format of declaration Company (attested)
(original to be submitted in the office of
Chief(HR), The Ashok Hotel, New
Delhi, before opening of technical bids)
10 Particulars of Labour License from Labour Furnish appropriate
Dept under CL(R&A) Act. attested documents.
11 Duly acknowledged Returns of Income Tax Attach appropriate
for last three Assessment years. attested copy of ITR.
12 Please attach General Power of Attorney/ Attach appropriate
Authorization to sign, to quote, to negotiate attested documents.
rates from sole proprietor/all partners of
firms, as applicable
13 Agency should have current general Attach Bank Solvency
solvency of 25% of the Annual Tender certificate (Date of
value issued by the Bank (original to be issue should not be
submitted in the office of Chief(HR), prior to the
The Ashok Hotel, New Delhi, before publication of NIT).
opening of technical bids)
14 Average Annual Financial Turnover of the Audited financial
Bidder during last 3 years 2016 -17, 2017- statements (Balance
18, 2018 -19 should be 30% the estimated Sheet and PL Account
tender value. statement)/Certificate
from the CA for last 3
years(attested)
15 Affidavit: on a non-judicial stamp paper of Affidavit on a non-
10/- as per enclosed format(original to judicial stamp of
be submitted in the office of Chief(HR), 10/-duly notarized
The Ashok Hotel, New Delhi, before
opening of technical bids)

41
 16 Bid Security Declaration (original to be Declaration (as per
submitted in the office of Chief(HR), format) on a non-
The Ashok Hotel, New Delhi on or judicial stamp of
before closing date and time of the 100/- or the amount
tender as may be applicable
in the respective
state - whichever is
higher. Duly
notarized.
17 In case registered under MSMEs, submit Furnish attested valid
valid registration certificate registration certificate
of MSME.
18. Integrity pact (original to be submitted Integrity Pact on a
in the office of Chief(HR), The Ashok non-judicial stamp
Hotel, New Delhi on or before closing of 100/- or the
date and time of the tender amount as may be
applicable in the
respective state -
whichever is higher.
Duly notarized
(mention date and
other relevant
details) Attach
signed copy.

*Attested means attestation by Gazetted Officer or an Officer of a PSU or Chartered

Accountant of the firm.

Signature in the capacity of

DATE: SEAL

42
 SECTION – D
Financial/Price Bid

THE ASHOK HOTEL

NEW DELHI

( a unit of INDIA TOURISM DEVELOPMENT CORPORATION LTD. )

Please go through the details below before filling the financial bid-

1. Rates shall be quoted in the BOQ only (as per Appendix-A) and no other method
of quoting shall be permitted. Rate shall be quoted both in figure and words (in
BOQ only) and no percentage (%) should be mentioned in the financial bid.

2. Tenderer should provide all prices and should not leave any field blank. In case the
field is not applicable, tenderer must indicate “0”(zero) in all such fields.

3. Bidders must ensure that manpower deployed for the said job work should not be
paid less than the prevalent rates of Minimum Wages as notified by the
appropriate Government and other statutory charges.

4. The quoted rates should be inclusive of all costs as per the scope of work, wages,
Leave Compensation, uniform etc. to perform the job work related work in
accordance with the law of the land exclusive of GST and statutory components
like EPF, ESI. The Service Provider shall submit to The Ashok Hotel /ITDC,
the GST compliant tax invoice/debit note/revised tax invoice. GST charged in the
tax invoice/debit note/revised tax invoice by the Supplier/Service Provider shall
be released separately to the Supplier only after Supplier files the outward supply
details in GSTR-1 on GSTN portal and Reconciliation of Inward supply is done
by The Ashok/ ITDC with corresponding details of outward supply of Supplier
and the Supplier accept the changes made by The Ashok/ ITDC and has paid the
GST at the time of filling the monthly return. ESI/EPF shall be reimbursed
separately (wherever applicable) after receiving claim of the contractor duly
supported with ESI/EPF deposit challans in respect of associated manpower.
5. It is mandatory to provide break up of all Taxes, duties and levies wherever
applicable and/or payable.

6. THE ASHOK HOTEL (A UNIT OF ITDC) will take into account all taxes,
duties, levies for the purpose of evaluation.

43
7. The Service Provider should take into consideration that total scope of work
including the committed manpower that would be deployed for carrying out the
job work.

8. Quoted rates should be free from any pre-conditions regarding payments etc or
otherwise offers are liable to be rejected.
9. There will be no escalation in the price/rate during entire contract period and
extension, if any and benefit of any decrease in taxes/duties shall be passed on to
THE ASHOK HOTEL by the Service Provider except increase in the wages of
workforce in accordance with the Minimum Wages Notification issued by Govt.
of NCT of Delhi/any other appropriate Government, if so ordered by statutory
authorities during the period of contract, the increase of rates shall be set-off by
the Company by giving proportionate increase in the rates to this effect. However,
in case, any manpower is deployed by the agency in the middle of the month or
any manpower leave the job in between, service charge will be paid to the agency
on pro-rata basis.
10. The amount needs to be quoted for minimum manpower as mentioned in the
scope of work. The Ashok Hotel (A UNIT OF ITDC) reserves the right to revise
the scope of work under intimation of the Service Provider. In case of revised
scope of work (increased/decreased), the amount as agreed with the Service
Provider for providing assigned services shall be calculated on pro-rata
basis(increased/decreased) based on revised scope of work.
11. Every workman employed by the Service Provider shall have to be allowed in each
week, a weekly off and statutory holidays with wages as required under the
relevant laws.

***********************

44
 Financial Bid

THE ASHOK HOTEL

NEW DELHI

( a unit of INDIA TOURISM DEVELOPMENT CORPORATION )

I/We, after having read, examined the bid documents and inspected the areas relating to Job
Contract for Sanitation (Outer/periphery areas of the Hotel & Back Offices) &
Maintenance/Cleanliness of Staff Quarters and also scope of works to be carried out
for The Ashok Hotel on temporary basis, hereby quote the rates for the entire job works.
The amount is inclusive of all kinds of rates, charges and wages including service charge etc
but excluding EPF, ESI and GST, which will be reimbursed on actual basis as per prevailing
rates on production of proof of deposit.

Rate per month Amount for 2 Years

………………….. …………………….

Rate in words (…………………………..) (……..………………………..)

GRAND TOTAL : ……………………..

(Amount in words………………………………………………………………)

I certify that the quoted amount is firm up to the expiry of the contract period and
extension, if any except revision in minimum wages as notified by the appropriate authority.

Authorized Signatory
M/s---------------------
(with signature & rubber seal)

DATE:

45
 Appendix-“A” – Financial Bid
BREAKUP OF WAGES & OTHER PAYMENTS
[Please specify the break-up of the bid in INR for the staff at different hierarchy
appointed by the Service Provider as per the format below per person basis per
month]
Supervisor
Unskilled (Matriculate but
Components Per month not Graduate)
Per month

Minimum Wages (as per Govt. of

NCT of Delhi) as on 01.10.2020
Leave (12-C/L & 15-P/L – total 27
leaves per annum) (per month
leave rate to be quoted)
National Holidays (03 per annum)
(per month N/H rate to be
quoted)
Uniform cost* (with washing cost
to be given separately)
Misc. Charges**
Welfare Fund ***
Sub Total
Reliever Charges 1/6
TOTAL
Service Charge (in ) #
GRAND TOTAL(Per month per
manday)

(Rupees________________________________________________________________
only)

Rates should be quoted excluding of EPF, ESI, EDLI, Admn.Charges and GST.
These components will be reimbursed on actual basis on production challans/proof
of payment.

46
*Service Provider has to submit the bills/invoice towards uniform cost after issuing the
prescribed uniform to all their workers

**(Misc. Charges – License, Police verification, Identity Card, Medical Check up as required
under NDMC and ISO 22000 norms etc.)

***As per the Bombay Labour Welfare Fund Act 1953 (Bombay Act No. XL of 1953) as
extended to the National Capital Territory of Delhi.

[EPF, ESI and GST will be reimbursed on actual basis on production of evidence as per
Govt. Rules]

# Service Charge shall be fixed during entire contract period and extension, if any. In
case, any manpower is deployed by the Service Provider in the middle of the
month or any manpower leave the job in between, service charge will be paid to
the Service Provider on pro-rata basis.

Authorized Signatory

M/s---------------------
(with rubber seal)

47
 SECTION – E
LETTER OF ACCEPTANCE
( On the letterhead paper of the Principal Employer - sample)
Ref.No. Date ………………..
To:……………………………………………….
(Name and address of the Service Provider)
Sub: Job Contract for Sanitation (Outer/periphery areas of the Hotel &
Back Offices) & Maintenance/Cleanliness of Staff Quarters at The
Ashok Hotel.
Dear Sir,
Reference to your Bid dated……………………… in response to our NIT dated
…………… for execution of the above job work and subsequent discussion with your
representative, we are pleased to award the above captioned job work to your company
initially for a period of two years w.e.f. ……………… on following terms and
conditions. Thereafter, it may be renewed for another one year at the sole discretion of The
Ashok Hotel on the existing terms and conditions.
1. You shall deploy sufficient manpower at The Ashok Hotel, with proper uniform,
suitable and skillful in the trade required for performance of the duties assigned and
satisfactory execution of work under the contract round the clock as specified in aforesaid
NIT and enclosed at Annexure-“I”. In case the manpower deployed by you is not found
fit and or not satisfactory for the performances of the specified job work suitable
replacement will be provided by you immediately.
2. You shall furnish a list of workforce indicating name, parentage, age, qualification,
residential/permanent address, qualification & experience, specimen signature along with
two photographs and Character/Antecedent Verification Certificate from local police
station (both in soft/hard copy).
3. You shall be fully responsible for maintaining discipline and ensure that the
manpower provided by you is of good character, well behaved, and does not indulge into
any activity harmful to the reputation and image of The Ashok Hotel or its employees. The
Ashok Hotel will not in any manner be responsible for any act, omission or commission of
the employees engaged by you and no claims in this respect will lie against The Ashok Hotel.
4. You will execute and efficiently handle the work entrusted to your company in
accordance with the directions and instructions by the unit management or its
officials/executives. You shall not be allowed to sub-let the contract in any manner. You will
also be responsible for supervising and dictating to your employees the manner of
execution/completion of the job work.
5. It is made clear that The Ashok Hotel will have privity of contract with the
contractor only and will give instruction to him and is concerned only with the satisfactory
completion of work assigned. It is clearly understood by and between the parties that the
48
manpower deployed by you shall at all time and for all purposes be the employees of your
company and no relation of employer-employee or master-servant exist between your
employees and The Ashok Hotel/ITDC.

6. In consideration of services provided by your company, The Ashok Hotel shall pay
an amount of …………………..(Rupees………………..……..only) (all inclusive) Per
Month subject to deductions in case of unsatisfactory performance and failure to meet
statutory obligations. GST @...........as applicable will be paid extra.
7. The amount specified above shall remain fixed for the period of contract and
extension, if any. The total monthly contract value as specified above is however subject to
change depending upon change in scope/quantum of work as well as any change in the
minimum wages as notified by Govt. of NCT of Delhi or any change in statutory payments
like ESI, EPF, GST etc.
8. You shall be solely responsible for due observation, implementation and compliance
of statutory provisions and requirements under various labour laws as applicable from time
to time to your employees and for similar contract. You shall be liable for all statutory
payment and compensation to your employees. Your company shall indemnify The Ashok
Hotel from any claim made or damages suffered by The Ashok Hotel by reason of any
default on the part of your company, or its employees in due observance and performance
of the provisions of law applicable to the matter relating to the manpower.
9. You are hereby requested to furnish Performance security, in the prescribed form for
an amount of __________ within 15 days of receipt of this Letter of Acceptance failing
which action of cancellation of the award of work and forfeiture of the Bid Security shall be
taken.
10. The above terms and conditions are only illustrative and all other general/specific
terms and conditions of The Ashok Hotel relating to similar contracts shall be applicable to
your company. You will have to enter into a Service Level Agreement on non-judicial stamp
paper 100/- as per enclosed draft agreement.
You are requested to sign the duplicate copy of this letter as a token of your acceptance.

Yours faithfully,
Authorized Signatory
Name and Title of Signatory

49
 DRAFT AGREEMENT
[Non-judicial stamp paper of Rs 100/-]

SERVICE LEVEL AGREEMENT

This Service Level Agreement made at New Delhi on this the….. day of ______ 2021
between The Ashok Hotel, New Delhi (A UNIT OF ITDC) having their Registered
Office at Scope Complex, Core-8, Lodhi Road, New Delhi through its General Manager
(hereinafter referred to as the Company) which expression shall unless the context
otherwise required shall mean and include its successors and assignees of the one part;

AND

M/s ................... a proprietary concern/partnership firm/body corporate, registered /

incorporated under Indian Partnership Act / Companies Act, 1956/ having its Principal
Office of Business/Registered Office at ............. through its sole
proprietor/partner/Director, Mr. ….................. (hereinafter called the Service Provider or
the Second Party) of the other part, which expression unless the context otherwise required
shall mean and include its legal heirs, successors and assignees on the other part.

RECITALS

A. The Ashok Hotel/Company is desirous of awarding the Job Contract for

Sanitation (Outer/periphery areas of the Hotel & Back Offices) &
Maintenance/Cleanliness of Staff Quarters at The Ashok Hotel including but
not limited to as specified hereinbelow. All the works enumerated shall collectively
be referred to as “Works”.

B. M/s.________________ has submitted tender and has agreed to carry out the said
job work.

C. Pursuant to the submission of proposal and discussions, believing the representations

of M/s. ___________ , to be true, The Ashok Hotel/Company has agreed to
award the Job Contract to carry out the works as described herein below in this
Service Level Agreement on the terms and conditions hereinafter contained.

NOW THIS SERVICE AGREEMENT WITNESSETH AND IT IS

HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:

1. SERVICE DESCRIPTION
That the Service Provider will provide services as detailed herein below which will be
required to be properly implemented by the Service Provider :-
50
 Ref. Service Name Description/Area Specifications
No.

i. Sanitation ( outer/ As defined at Minimum mandays required

periphery areas of Annexure ‘A’ unskilled category - 30 mandays
the Hotel & Back per day
Offices)
ii. Cleanliness of Staff - Do - Minimum mandays required
Quarters and unskilled category - 18 mandays
surrounding areas per day
Supervisor :: 3 mandays per day
(Matriculate but not graduate)

Note: - Cleaning material will be provided by the Hotel.

- The Service Provider will require to provide reliever on weekly off/leave and other
permissible holidays.
- The Company reserves the right to revise scope of work under intimation to the Service
Provider as per operational requirement. In case of revised scope of work,
increase/decrease of above mandays will be affected by the Service Provider and
payment will be made proportionately to this effect. A notice shall be given by the
Management if impact of such change is more than 10% of the present minimum
mandays as enumerated above.

2. TERM
The Agreement shall be effective from …………for a period of Two Years unless
terminated earlier in accordance with the provisions contained in the Service Level
Agreement. Thereafter, it may be renewed for a further period of one year at the sole
discretion of The Ashok Hotel on the existing terms and conditions as may be agreed
upon by The Ashok Hotel and the Service Provider.

3. CONSIDERATION
3.1. The contract is being awarded purely on temporary basis on the rate of
…………..(Rupees ………. only) [all inclusive excluding cost towards
EPF/ESI/EDLI/Admn.Charges and GST which will be paid/reimbursed on actual
as per prevailing rate on production of evidence as per Govt. Rules] from the date of
commencement of work w.e.f. on the terms as more particularly described
in Annexure B to this Service Level Agreement. However, the service provider will
be required to submit the bill on monthly basis for service rendered during the
month.
3.2 In case any statutory increase in the wages of workforce in accordance with the
Minimum Wages Notification issued by Government of NCT of Delhi/any other
appropriate Govt./Statutory Authority during the period of contract, the increase of
rates shall be set-off by The Ashok Hotel by giving proportionate increase in the
rates to this effect. However, there will be no escalation in the rates due to any other
reason.
51
3.3 The Service charge will be fixed during the entire contract period and extension (if
any).

3.4 The payment shall be made by The Ashok Hotel to the Service Provider subject to
deduction of all applicable taxes. The Service Provider shall be solely liable for
payment of all central, state and local levies taxes, duties, fines and penalties, by
whatever name called, as may become due and payable in relation to the support
services to The Ashok Hotel.

3.5 In case any tax deduction at source is made to the bills/invoices by The Ashok Hotel
as per applicable law, The Ashok Hotel shall provide appropriate tax deduction
certificates to that effect to the Service Providers.

4. COVENANTS OF SERVICE PROVIDER

4.1. At all times during the term of the Service Level Agreement,
the Service Provider shall be solely responsible for executing the works under this
contract as specified hereinabove to the satisfaction of General Manager of The
Ashok, New Delhi or his authorized representative. The Service Provider will deploy
his workforce as per the minimum mandays indicated hereinabove under Clause 1.
In case any female staff is detained beyond 2000 hrs. (08.00 p.m.), the dropping
facility will be provided by the Hotel being the Principal Employer at no cost to the
Service Provider.
4.2. The Service Provider shall decide the modus operandi as to the engagement of
workforce (Unskilled - 10th class preferably and Supervisor - Matriculate but
not graduate) for rendering proper and efficient services to The Ashok Hotel and to
conform to its prescribed standard including but not limited to :-
i. Deployment of required workforce per day(shift-wise).
ii. To sweep, wash, clean, maintain & upkeep the entire premises as referred to above.

iii. To adhere to all safety guidelines issued by the ISO Certification done from time to
time.
iv. To follow and adhere training schedule.
v. Always be uniformed and well groomed and punctual.
vi. The workforce deployed should be able to understand, comprehend and
communicate with the guests and fulfill guest needs.
vii. The workforce should prevent wastage of cleaning material and equipment and
should not cause any damage to the Hotel property due to improper usage or
otherwise.

52
viii. The required workforce should be present at the area assigned for duty on time in
each shift and should not leave the allocated area until permitted by the concerned
area supervisor.
ix. Any other work assigned by The Ashok in addition to above duties.
4.3 The workforce deployed by the Service Provider shall be in the sole employment of
the Service Provider and shall be solely responsible for their workers’ wages,
statutory payments etc. Under no circumstances shall The Ashok Hotel be liable for
any payment (including but not limited to compensation on account of
injury/death/termination) of any nature to the workforce(s) or any other personnel
whatsoever of the Service Provider. It is clearly understood by and between the
parties to this agreement that the workforce deployed by the Service Provider to
carry out obligations under the contract shall at all times and for all purposes be
deemed to be the employees of the Service Provider and no relation of employer -
employee or master-servant shall be understood to exist between the said workforce
and The Ashok Hotel .
4.4. The Service Provider shall furnish to The Ashok Hotel a list of Manpower indicating
name, parentage, age, qualification, residential address and permanent address,
specimen signature along with two photographs and character verification certificate
from local police station for each of them (both in soft/hard copy), without which
the workmen of the Service Provider cannot be deployed in the contract job. The
Service Provider shall prohibit any person working in more than one place in ITDC
Units.
4.5. The Service Provider shall not deploy any workmen at the site of The Ashok Hotel,
whose employment is objected to by the Hotel for security or for any other reasons.
The Ashok Hotel will have the right to instruct the Service Provider to forthwith
replace any employee(s) who may be deemed unsuitable by The Ashok Hotel for any
reason whatsoever, where or not of having indulged in any act of omission or
commission constituting misconduct or misbehavior, theft, fraud, violence etc., and
the Contractor/Service Provider shall be bound to comply with the Ashok Hotel’s
instructions in this behalf without any delay.

4.6. The Service Provider shall be solely responsible for implementation of various Labour
Laws and statutory obligations such as EPF & Misc. Provision Act, Contract
Labour(R&A) Act. ESI Act, Minimum Wages Act, The Workman's Compensation
Act, 1923, Payment of Bonus Act, Payment of Gratuity Act, Shops & Establishment
Act, Employees State Insurance Act, GST Act. etc in respect of staff engaged by
him under this Agreement including but not limited to matters relating to Labour
license, timely payment of wages & allowances, payment of overtime, grant of leave,
payment of workmen’s compensation, working hours, safety, maternity benefits,
holidays, disciplinary action against the workforce, payment of provident fund
contribution, payment of gratuity and payment of bonus. If the Payment of Bonus
Act and Payment of Gratuity Act is applicable to the tenderers firm, they should
comply with the provisions of the Act and the rules made there under as modified
from time to time. Service Provider shall also ensure to extend the weekly off, leave

53
 and holidays as admissible to their workers under applicable Act. The Service
Provider will also reimburse all such contributions and/or expenses and all other
charges/liabilities to which the company may be held liable in respect of staff
engaged by him by any authority/Court under the provisions of any of the
laws/social legislature in force as on date or as may be made applicable
subsequently. In the alternative the Company shall be at liberty to deduct and/or
adjust the said amounts from either the monthly payments or the security deposit.
The Service Provider hereby undertakes to indemnify The Ashok Hotel against all
claims made or damage suffered which may arise under the applicable Acts or
Statute not hereinabove specifically mentioned having bearing over engagement of
workers directly or indirectly for execution of work.

4.7. In case the performance is not found satisfactory by way of shortage of manpower
and/or efficiency in service, The Ashok Hotel shall be at liberty to make appropriate
deductions from the bill of the Service Provider as deemed fit by its General
Manager or any other officer authorized by him for the purpose. The Ashok
Hotel’s decision in this regard shall be final and binding upon the Service Provider.

4.8. The Service Provider shall provide the uniform annually to its employees as
prescribed within the stipulated time and shall be responsible for their proper
upkeep, maintenance and any turnout. The Service Provider shall submit the
bills/invoice towards uniform cost after issuing the prescribed uniform to all their
workers. The Service Provider will also ensure that the workforce, deployed by him
should have good character, well behaved, skillful in the trade and should not indulge
in any activity harmful to the reputation and image of The Ashok Hotel or its
Employees.

4.9. The Service Provider shall deploy sufficient manpower as committed and will alone
be entitled to dictate the work force about the manner of the execution of the job
award under this contract. The Ashok Hotel will not have any connection with the
workforce deployed by the Service Provider. In case while rendering services by the
workforce of the Service Provider, if his/her name appears on any of the document
of The Ashok Hotel/ITDC, it should not be construed as employer-employee
relationship between the workforce and The Ashok Hotel/ITDC. The Service
Provider is required to submit a monthly Roster of the workmen working in each
shift, indicating timing, weekly off, place of work to concerned Head of Department
of The Ashok Hotel before the beginning of each month.

4.10. The Service Provider’s Workmen will make entry/exit from The Ashok Hotel, New
Delhi by the staff entry gate as per directions of Chief Security Officer of The Ashok
Hotel, New Delhi. The Service Provider shall make the arrangement to identify each
of his workmen at the security point at the time of entering the premises before
resuming work and on departure after completing work. All Service Provider's
workmen shall display on person the identity Cards issued by the Service Provider
bearing photograph, Name and identification mark. However, they are liable to be

54
 checked at any time during their work anywhere within the premises by the
concerned authorities.
4.11. The staff deployed by Service Provider shall not loiter or use the public area such as
lounge, lawns, wash room, cloak room, Guest Lifts etc. except while assigned specific
duty in that area, if any irregularity is found, The Ashok Hotel will bring the same to
the notice of Service Provider for proper action in the matter. The Service Provider
shall at all-time undertake to maintain discipline and good order amongst the
workforce deployed in The Ashok Hotel.
4.12 It is clearly understood by and between the parties to the Agreement that the
Manpower deployed by the Service Provider shall at all time and for all purposes be
the employees of the Service Provider. The Ashok Hotel, New Delhi will not have
any connection with the manpower deployed by the Service Provider. It is made clear
that The Ashok Hotel, New Delhi (A UNIT OF ITDC) will have privity of contract
only with the Service Provider and will give instruction to him and will have nothing
to do or concerned with the conditions of employment of the employees working for
him at The Ashok Hotel, New Delhi. The Service Provider shall comply with all the
directions, general or special, as may be given by The Ashok Hotel from time to time,
which shall be deemed to be part of this Agreement. The Ashok Hotel may vary,
delete and withdraw such directions from time to time. Service Provider shall ensure
that the support services to be performed under this Agreement shall be in
accordance with the timelines provided by The Ashok Hotel from time to time.
4.13 The Service Provider shall, in its sole discretion, engage and provide to The Ashok
Hotel such Manpower as it deems fit for the purposes to execute the work under the
contract. The Ashok Hotel shall have no right or authority whatsoever to interfere
or influence in any manner the selection or engagement of the Manpower. Further,
The Ashok Hotel, New Delhi shall not be responsible for, or otherwise concerned
with, the employment or non-employment of the Manpower by way of discharge,
termination, dismissal or retrenchment or re-employment.
4.14 The Service Provider or the members or the staff deployed by him will not do any
act which may be derogatory to or inconsistent with The Ashok Hotel’s high
standards and reputation or the business or cause nuisance to the Management of the
Hotel or its customers or visitors.
4.15 In the event of any misconduct by any member of the staff deployed by the Service
Provider, the Service Provider alone shall have the right to take disciplinary action
against any person (s) engaged/employed by him, while no right whatsoever shall
vest in any such person (s) to raise any dispute and/or claim whatsoever against The
Ashok Hotel. The Ashok Hotel shall, under no circumstances be deemed or treated
as the employer in respect of any person(s) engaged/employed by the Service
Provider for any purpose whatsoever nor would The Ashok Hotel be liable for any
claim(s) whatsoever of any person(s) of the Service Provider.
4.16 The Service Provider when called upon by The Ashok Hotel will make himself
available or any of his workforce for evidence before the Enquiry Officer appointed
by The Ashok Hotel or Competent Court in connection with the disciplinary
55
 proceedings against any of the employees of Company, if the act of misconduct had
happened in his presence.

4.17 The Service Provider shall, when called upon by The Ashok Hotel produce any or all
of his employees for medical examination by any doctor appointed by The Ashok
Hotel to check if any of them have any disease contagious or dangerous to human
life and health and if in the opinion of Doctor it shall appear necessary to withdraw
and/o replace any employee, the Service Provider shall do so forthwith.

4.18 The Service Provider shall maintain manpower deployment details and Biometric/IRIS
attendance records of the workforce deployed at The Ashok Hotel along with their
daily reporting and leaving time duly authenticated by the representative of the
Company. The Biometric attendance records should be maintained every month and
furnished along with the Invoices/Bills. The Service Provider shall install Biometric
Attendance Machine(face reading) at the premises of The Ashok Hotel in the manner
set out by The Ashok Hotel at his own cost.
4.19 The Service Provider will ensure that the applicable wages must be disbursed latest
by 7th of every month through NEFT/or A/c Payee Cheque under un-avoidable
circumstances in the presence of authorized representative of the Management. The
wages paid/disbursed shall be in accordance with the prevalent Minimum Wages and
or minimum wages revised from time to time by the State Government/or other
appropriate Govt., if ordered by appropriate statutory authority. In case deployed
Contract Workmen do not have Bank Account, it is the responsibility of the Service
Provider to get the bank account opened in respect of such Contract Workmen. The
father’s name, Bank Account number of the employee, wages etc. have to be given in
the Wage Bill, every month.
4.20 The Service Provider shall indemnify The Ashok Hotel/ITDC from any claim made
or damages suffered by The Ashok Hotel/ITDC by reason of any default on the part
of Service Provider, or his employees in due observance and performance of the
Provisions of law.

5. SUBMISSION OF BILL/PAYMENT
5.1 The Service Provider shall submit his certified bill along with biometric/IRIS
attendance duly verified by respective Head of Department or his authorized
representative, copies of ESI & EPF challans/ECR(in respect of only those
manpower, deployed at The Ashok)/Form 36B of EPF Act, copies of passbook
indicating clearance of cheques in respect of PF & ESI in respect of workmen/staff
employed by him under this Contract, bills/invoice towards uniform cost after
issuing prescribed uniform to all their workers alongwith undertaking as prescribed in
the NIT, salary/wages bill with relevant documents of NEFT in token of having
disbursed the wages along with satisfactory performance certificate from concerned
HOD for getting the proportionate monthly payment from The Ashok Hotel. The
bill payment shall be released by the company only after receipt and scrutiny of the
challans and other relevant documents and specified undertaking (w.r.t. PF/ESI
56
 remittance with the concerned authority, issuance of uniform/PCC done/issued ESI
Cards and Identity Cards). In the absence of such proof of having deposited the
relevant amounts, payments will not be released.
5.2 The Ashok Hotel shall release the payment of Service Provider within 15 days of
submission of bill, duly complete in all respect. However, even in case the payment
is not released by The Ashok Hotel within stipulated period for reasons whatsoever,
the Service Provider shall be liable to make the payment of wages to its workers by
7th day of the month.

6. STANDARDS OF CONDUCT
6.1 The Service Provider shall provide support services under the Job Contract in
accordance with applicable law, rules, regulations, orders, instructions or directions of
Government or any of its Authorities.

6.2 The terms of this Agreement and shall adhere to standards of quality and standards
of conduct as may be prescribed by the Company to the Service Provider from time
to time.

6.3 The Ashok Hotel shall have the right to impose, for any misfeasance/non-
performance of service, under noted penalty on the Service Provider and deduct such
amounts from the bills of the Service Provider as :-
i) If the workforce deployed by the Service Provider to carry out the said job work is
not found upto the satisfactory level and in case their manpower indulged in any
misconduct, deductions as decided by the concerned Head of Department shall be
made from the Service Charge of the contractor’s monthly bill subject to minimum
deduction of 1000/- per incident. If desired by The Ashok Hotel, suitable
replacement will be provided by the Service Provider immediately.

ii) If any manpower deployed by the Service Provider is found unpunctual and irregular
in their duty as per duty roster of respective departments, proportionate deductions
will be made from the service charge of the Service Provider’s monthly bill towards
short attendance etc. The Service Provider will provide immediately replacement of
such manpower, who is habitual absentee.
iii) If the Service Provider fails to send prior intimation regarding absence/leave availed
by their manpower, 100/- per person per incident will be deducted from the service
charge of the Service Provider.

iv) If the biometric/IRIS (face reading) attendance machine installed by the Service
Provider remained non-functional for more than 3 days due to any reason whatsoever,
penalty of 500/- per day will be deducted from the monthly bill of the Service
Provider.

57
v) If the uniform and identity cards are not issued by the Service Provider within the
prescribed schedule, deduction as recommended by the Concerned Head of
Department of The Ashok Hotel will be made from the Service Charge of the Service
Provider. In case Service Provider do not issue valid Identity Cards/prescribed
uniform/submit updated status of PCC and ESI Cards to their workers, 100/- per
day per person shall be deducted from the monthly bill of the Service Provider.

(vi) In case of any guest’s complaints regarding indecent behaviour of the workers of the
Service Provider or any negligence in providing services to the valued guest of the
hotel, the compensation/relaxation given to the valued clientele on this account will
be charged double the amount paid by The Ashok Hotel from the Service Provider,
and if required, replace the erring person from the premises of The Ashok Hotel.
(vii) Immediately upon notice from The Ashok Hotel, the Service Provider shall recall and
take appropriate action against the erring person in commensurate with the
misconduct committed by the erring person including habitual absenteeism and if
required, replace the erring person from the premises of the Service Provider.
(viii) If any item found missing whether on account of theft or pilferage or is broken due to
carelessness, negligence and unlawful activities of the Service Provider or any of his
workmen, The Ashok Hotel shall recover entire cost of providing replacement for
the same alongwith a penalty as decided by the Concerned Head of
Department/Management of Ashok Hotel, which will be final and binding upon the
Service Provider.
(ix) In case the Service Provider does not disburse wages to the deployed manpower by 10th
of every month, a penalty of Rs. 5000/- per incident shall be levied. Further, if the
wages are disbursed by the agency after 10th of every month then a penalty of Rs.
10,000/- per incident shall be levied along with a formal complaint to the Labour
Commissioner.
(ix) In case the Service Provider fails to carry out the works as per the satisfaction of the
General Manager or the concerned Head of Department of The Ashok Hotel,
deduction will be made from the service charge of the Service Provider subject to
minimum deduction of 1000/- per incident. The Ashok Hotel shall be at its
discretion to arrange the alternative Agency and difference of rates/Service charge, if
any, shall be deducted from the bills of the Agency.

7. PERIOD REVIEW
This Agreement is valid from the Effective Date outlined herein above for a period
of Two Years unless terminated earlier in accordance with the provisions contained
in the Agreement.

This Agreement will be reviewed on quarterly basis and updated as needed. Revisions
may become necessary due to changing service needs, modifications to existing
services, addition of services, significant variations from agreed upon-service levels,
or unanticipated events Contents of this document would be amended as required.
58
 The Service Provider will respond to service related incidents and/or requests
submitted by the Company or its clients within the following time frames:
 0-8 hours (during business hours) for issues classified as High priority.
 Within 48 hours for issues classified as Medium priority.
 Within 5 working days for issues classified as Low priority.

8. PERFORMANCE STANDARDS/COMPENSATION

The service provider will need to set the performance standards in the context of
anticipated workloads and the service levels may need to vary in the light of any
changes to these workloads during the course of the contract.

Where the Service Provider fails to achieve the agreed performance standards, the
service provider will be liable to pay penalty as stated above for each incident.

In case the Service Provider’s service performance falls well below the expected level,
it would constitute a material breach of the contract as a whole and that the
Company shall have right to terminate the agreement.

9. TERMINATION OF CONTRACT
9.1 Upon early closure/termination of contract due to administrative reasons or for any
cause whatsoever, this Service Level Agreement shall cease to effect forthwith.

9.2. In case the Service Provider commits any breach or infringement of any of the terms
and conditions of the Agreement, by his act or omission, The Ashok Hotel shall have
right to cancel or terminate the contract forthwith including forfeiture of security
deposit and banning/delisting the firm without any intimation. The opinion of the
General Manager of The Ashok Hotel, New Delhi and/or his nominee shall be final
binding on the point whether or not any breach has been committed.

9.3 The Service Provider shall not terminate the contract before the expiry of the period
of contract. In case the Second Party terminates or abandons the contract prior to
the expiry of contract period, the Service Provider shall be liable to pay liquidated
damages equivalent to the amount payable to The Ashok Hotel for the unexpired
contract period. The security deposit of the Service Provider shall also be forfeited.

9.4 If any information and document submitted by the Service Provider is found to be
false/incorrect at any time, The Ashok Hotel shall have the absolute right to cancel
contract forthwith without any notice and action as deem fit will be taken against the
firm/Service Provider including forfeiture of all dues, security deposits and
banning/delisting the firm without any intimation.

9.5 In case agency fails to carry out the work as per the satisfaction of the General
Manager or the concerned Head of Department of The Ashok, New Delhi, the

59
 Management shall be at its discretion to arrange the alternative agency and difference
of rates if any shall be deducted from the bills of the Service Provider.

9.6 It should be clearly understood by the Service Provider that the engagement of the
Service Provider does not confer upon it the exclusive right to be considered for job
deployment. The discretion to utilize the Service Provider lies solely with The Ashok
Management.

9.7 The Service Provider shall in no case sub-contract for the aforesaid job work. If the
Service Provider does so, the contract shall stand terminated without notice and the
Security Deposit shall stands forfeited.

10 OBLIGATION & LIABILITIES

10.1 The Service Provider shall deposit immediately an amount of ------ with The
Ashok Hotel as interest free Security Deposit besides deduction of 3% retention
money from each running bill. Retention money will be refunded to the Service
Provider after three months subject to submissions of documents for statutory
compliances i.e. ESI, PF remittances etc. In the event of Service Provider committing
any breach of the terms and conditions of the Service Level Agreement, The Ashok
Hotel may without prejudice to the other rights and remedies available to it, be
entitled to forfeit the security deposit in full or any part thereof. In such an event the
Service Provider shall pay such additional amount or alternatively the same shall be
adjusted from the bill(s) so as to keep the amount of security deposit secure for all
the times.
10.2 After completion of the contract/expiry of final extension of contract or early
closure/termination of contract due to administrative reasons or for any cause
whatsoever, The Ashok Hotel shall return the security deposit (interest free) or part
thereof after adjusting its dues within 30 days subject to submission of clearance
certificate from the concerned department and necessary certificate/proof regarding
deposit of all statutory dues, including PF & ESI, with appropriate authorities and
payment of all dues to its employees by the Service Provider /Agency.
10.3 Obligation of Service Providers to be adhered to :-
 Obtain Labour License at his cost from the appropriate Licensing Officer.
 Employment Card as per Rule 76 of Contract Labour (R&A) Act.
 Appointment Letter to his employee.
 In addition to weekly off and 03 paid National Holidays viz Republic Day,
Independence Day, Gandhi Jayanti, a total number of 27 (15PL & 12CL) days
in a calendar year shall be admissible to the workmen of the Service Provider
as leave with wages, which is to be extended by the Service Provider.
 Maintain all records and Registers required under the Law.
 Remit Provident Fund contributions in prescribed forms.
 Obtain insurance cover in respect of his staff at his own cost.
 Deposit ESI Contribution with appropriate authority.
 Submit challans & ECR of PF & ESI contributions every month.
 Provide wage slip each month to his employee.
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  Ensure payment as per Minimum Wages Act 1948(as revised time to time by
the appropriate Govt.).
 Submit PF & ESI Monthly/Half Yearly/ Yearly Returns & Inspection report.
 Install Biometric(Face Reading) Attendance Machine at The Ashok Hotel at
his own cost and maintain Attendance in Register and biometric
computerized attendance system in respect his manpower deployed in The
Ashok Hotel under contract and submit the same as and when required/asked
for by The Ashok Hotel.
 The Wages of workmen of a month are to be paid by the 7th of the following
month.
 Submit duly signed and stamped declaration as per standard proforma
enclosed with NIT with monthly bill.

11 APPLICABLE LAWS & NOTICES

11.1 In case of any dispute or difference in connection with the terms & conditions of this
Agreement, the parties shall at the first instance, make efforts to resolve the same
amicably, failing which, the dispute will be settled through arbitration proceedings to
be conducted by Head of the Hotels Division or any person nominated by him. The
arbitration proceedings shall be as per the provisions of the Arbitration &
Conciliation Act 1996. Only Delhi Courts will have jurisdiction.

11.2 That the powers conferred upon The Ashok Hotel by this contract, and all notices,
consents, directions and approval to be given by the Management shall be in writing
and may unless otherwise expressly provided, shall be exercised by General Manager
of The Ashok Hotel or any other officer so authorized for the purpose. Any notice
to be served on the Service Provider shall be deemed to be sufficiently served if
delivered to the Supervisor/Manager of the Service Provider or sent by Registered
AD addressed to the Service Provider at his registered office or last known place of
business or his residence.
11.3 The Ashok Hotel does not recognize any association of the traders and in case any
negotiation is necessary with regard to the clarification of the terms & conditions of
the contract or modification thereof, such negotiations would be sought by the
Service Provider alone and no collective representations shall be entertained.
11.4 Any notice to be served on The Ashok Hotel by the Service Provider shall be duly
served if delivered under signatures in the office of General Manager, The Ashok,
New Delhi or sent by registered post addressed to the General Manager, The Ashok,
New Delhi. The period of notice under this Contract will count from the date of
issue of notice by either side.
12 All terms & conditions of NIT including LOA, Minutes of Pre-bid Meeting and Integrity
Pact shall also be deemed as part of this Service Level Agreement and will be binding on
both the parties. Any changes/modifications/amendments required to be incorporated
in the Contract Agreement at a later stage shall be discussed and mutually agreed by both

61
 the parties and such supplementary Agreements shall be bindings on both the parties
and shall form the part of this Service Level Agreement.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their
respective hands to this writing the day and year first herein above mentioned.

For & on behalf of The Ashok, For & on behalf of

New Delhi (a Unit of ITDC Ltd) M/s.
Signature: Signature:
Name : Name :
Desig. : Desig. :
Stamp: Stamp:

Witnesses :- Witnesses :-

1. 1.

2. 2.

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 UNDERTAKING

(TO BE SUBMITTED BY THE SERVICE PROVIDER along with each monthly bill
for compliance of the provision of Contract Labour (Regulation & Abolition)
Act, Rules and other laws as applicable)

I, ………………………………………………..s/o…………..proprietor/partner/Director of
………………………., do hereby declare and undertake as under-

1. That in the capacity of independent Service Provider by M/s ……………………………………

(Description of Principal Employer) against work order no………..dated……………. I have
complied with the provisions of Contract Labour (R&A) Act, 1970 in holding a valid
license under the Act and Rules thereto. I have paid the wages for the month of
………………………. to all my employees and no dues are payable to any employee.

2. That I have covered all the eligible employees under the Employees Provident Fund and
Miscellaneous Provisions Act and the Employees State Insurance Act and deposited the
contributions under our code number for the ………….. months and as such no amount
whatsoever is payable.

3. It is certified that the PF Challan for Rs……….. and ESI Challan for Rs…………..enclosed
with my bill pertains to my workers whose name are appearing in the wage sheet for
the month ………………………

4. I further declare and undertake that I have complied with all the statutory obligations
and in case any liability pertaining to my employees is to be discharged by the Principal
Employer for my lapses, I undertake to reimburse the same or the Principal Employer is
authorized to deduct the same from my dues as payable.

5. That I declare & undertake that the bill for the month……….. submitted by us is based
on biometric attendance marked by our employees on our biometric attendance
machine installed at The Ashok Hotel for the prescribed duty hours. In case the
Principle Employer found any discrepancy in the bill, the Principle Employer is at liberty
to deduct the amount from my payable dues.

THE SERVICE PROVIDER

Authorized Signatory
M/s---------------------
(with rubber seal)

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 SECTION – F

Guidelines for Integrity Pact:-

 Details of IEM appointed by ITDC:

Names and contact details of the two

Independent External Monitors(IEM’s) appointed by ITDC

 The Role of the Independent External Monitors (IEM’s) is detailed at Sr. No. 8 in the
Integrity Pact annexed to the tender document.
 The main task of the IEM’s is to review independently and objectively, whether and to
what extent the parties comply with the obligations under the Integrity Pact.
 The IEM’s are not be contacted for any clarification or help regarding the tender; in all
such cases please contact the concerned officials whose details are given in the tender
documents.

Dr. Bhushan Chander Gupta Shri Jagmohan Garg

IAS (Retd.) (Ex-Vigilance Commissioner CVC)
e-mail: bcgupta2000@yahoo.com e-mail: jagmohan.garg@gmail.com

 The Integrity Pact is to be prepared on a non-judicial stamp paper of ₹ 100/- or

the amount as may be applicable in the respective state – whichever is higher, by
the bidder. Cost of the stamp paper is to be borne by the bidder.

 The bidder will mention the date and other relevant details as per the tender
documents

 A scanned copy of the Integrity Pact signed by the authorized

signatory/partners/consortium members is to be uploaded alongwith the Techno-
Commercial Bid and the original document is to be submitted to the office of the
tender inviting authority as detailed in the NIT document on or before the due
date/extended due date of submission of the bids.

 The original Integrity Pacts are to be signed by the signatory authorized to sign the
“Service Level Agreement” related to the tender on behalf of the ITDC
Parliament House Catering Unit and a copy is to be provided to the bidder.

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 INTEGRITY PACT
(To be executed on a non-judicial stamp paper of 100/- or the amount as may be
applicable in the respective state - whichever is higher)
This Integrity Pact (hereinafter referred to as the Agreement) is made on this______
day of the month of ___________2021
Between
The Ashok Hotel, New Delhi (A UNIT OF ITDC, Govt. of India Undertaking) (a
company duly incorporated and existing under the provisions of the Companies Act,
1956, having its registered Office at SCOPE Complex, Core 8, 7 Lodi Road, New
Delhi-110003 (hereinafter referred to as the Principal, which expression shall unless
repugnant to the meaning of context hereof include its successors and permitted
assigns).
And
M/s. _________________________ (name and address of the
Individual/firm/company/consortium members) through [mention details of the
duly authorized signatory] (hereinafter referred to as the Bidder/Contractor which
expression shall unless repugnant to the meaning of context hereof include its
successors and permitted assigns).
Preamble
Whereas, the Principal has floated a Tender______________[Tender No.]
(hereinafter referred to as Tender) and intends to award under laid down procedures,
contract(s)/purchase order/work order for
___________________________________________(Name of the contract/Order)
or items covered under the tender (hereinafter referred to as the Contract).
Whereas, 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).
Whereas, in order to achieve these goals, the Principal has appointed competent and
credible Independent External Monitors (IEM's) for this Pact after approval of
Central Vigilance Commission.
Whereas to meet the aforesaid purpose both parties have agreed to enter into this
Integrity Pact (hereinafter referred to as the Agreement), the terms and conditions of
which, shall be read as an integral part of the tender document and contract between
the parties.
Now, Therefore, in consideration of the mutual covenants contained in this Pact,
both parties hereby agree as follows:-
Section 1- Commitments of the Principal

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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.
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 process or the contract execution.
c. The Principal will exclude from the process all known prejudiced persons.
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 if there is a substantive suspicion in
this regard, the Principal will inform the Chief Vigilance Officer and in addition can
initiate disciplinary actions.
Section 2- Commitments of the Bidder(s)/Contractor(s)
The Bidder(s)/Contractor(s) commit themselves to take all measures necessary to
prevent corruption.
1. The bidder(s)/Contractors(s) commit themselves to observe the following
principles during participation in the tender process and during the contract
execution:-
a. The Bidder(s) / contractor(s) will not, directly or through any other persons 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
cartelization 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) /Contractors 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)/Contractor(s) of foreign origin shall disclose the name and address
of the Agents/representatives in India, if any. Similarly, the
bidder(s)/contractor(s) of Indian Nationality shall furnish the name and address of
the foreign principals, if any. And the details as mentioned in the 'Guidelines on
66
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 Rupee only.
In a tender, either the Indian Agent on behalf of the Principal/OEM or the
Principal/OEM itself can bid but both cannot bid simultaneously for the same
item/product in the same tender. If an agent submits bid on behalf of the
Principal/OEM, the same agent shall not submit a bid on behalf of another
Principal/OEM in the same tender for the same item/product.
e. The Bidder(s)/Contractor(s) will, when presenting their bid, disclose any and all
payments made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.
f. Bidder(s)/Contractor(s) who have signed the integrity pact shall not approach the
courts while representing the matter to IEM’s and shall wait for their decision in the
matter.

2. The Bidder(s)/Contractor(s) will not instigate third person to commit offences

outlined above or be an accessory to such offences.

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 terminate the Contract, if already
executed or exclude the Bidder/Contractor from future contract award processes.
The imposition and duration of the exclusion will be determined by the severity of the
transgression and action will be taken as per the procedure prescribed in the
"Guidelines on banning of business dealings" of the Principal.

Section 4: Compensation for Damages

Without prejudice to any rights that may be available to the Principal under law or
Contract or its established policies and laid down procedures, the Principal shall have
the following rights in case of breach of this Agreement by the
Bidder(s)/Contractor(s).
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 the damages from
the Bidder/Contractor.
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.

67
Section 5: Previous Transgression
1. The Bidder declares that no previous transgressions occurred in the last three years
with any other company in any country conforming to the anti-corruption approach
or with any other public sector enterprise in India that could justify 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 the
"Guidelines on Banning of business dealings" of the Principal.
Section 6: Equal treatment of all Bidders/Contractors.
1. In case of sub-contracting, the principal contractor shall take the responsibility of
the adoption of Integrity Pact by the sub-contractor(s).
2. The Principal will enter into Agreements with identical conditions as this one with
all bidders, contractors.
3. The Principal will disqualify from the tender process all bidders who do not sign
and submit this Integrity Pact along with their Technical Bid for this Tender or violate
its provisions at any stage of the tender process.

Section 7: Violations of the Integrity Pact

If the Principal obtains knowledge of conduct of a Bidder, Contractor, or of an
employee or a representative or an associate of a Bidder, Contractor which constitutes
corruption, or if the Principal has substantive suspicion in this regard, the Principal
will inform the same to the Chief Vigilance Officer.

Section8: Independent External Monitor/Monitors (IEM)

1. The Principal will appoint competent and credible Independent External Monitor
for this Pact after approval of Central Vigilance Commission.
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. The monitor would have access
to all contract documents whenever required. It will be obligatory for him/her to treat
the information and documents of the bidders/contractors as confidential. He/she
reports to the C&MD, ITDC.
3. The Bidder/Contractor 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/her request and
demonstration of a valid interest, unrestricted and unconditional access to their
project documentation. The same is applicable to sub-contractors (if any).
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4. The Monitor is under contractual obligation to treat the information and
documents of the Bidders(s)/ contractor(s)/ sub-contractors(s) with confidentiality.
The monitor has also signed declarations on 'Non- Disclosure of Confidential
Information' and of 'Absence of conflict of interest'. In case of any conflict of interest
arising at a later date, the IEM shall inform C&MD (ITDC) and recuse
himself/herself from that case.

5. 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.
6. As soon as the Monitor notices, or believes to notice, a violation of this agreement,
he/she 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 nonbinding 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.
7. The Monitor will submit a written report to the C&MD, ITDC 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.

8. If the Monitor has reported to the C&MD, ITDC, a substantiated suspicion of an

offence under relevant IPC/PC Act, and the C&MD, ITDC 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.

Section 9 - Pact Duration

1. This pact begins when both parties have signed this Agreement. It expires for the
Contractor 12 months after the last payment under the contract and for all other
bidders 6 months after the contract has been awarded.
2. Any violation of the same would entail disqualification of the bidders and exclusion
from future business dealings.

3. If any claim is made / lodged during this time, the same shall be binding and
continue to be valid despite the lapse of this Agreement as specified above, unless it
is discharged / determined by C&MD of ITDC.
Section 10 - Other provisions
1. This Agreement is subject to Indian Law, the place of performance and jurisdiction
is the Registered Office of the Principal i.e. New Delhi.

69
2. Changes and supplements, as well as termination notices need to be made in
writing. Side agreements have not been made.
3. This agreement must be signed by the duly authorized signatory only. If the
Contractor is a partnership or a consortium, this agreement must be signed by all
partners or consortium members. In case of any change in partnership/consortium
the new partner or member will have to sign this document.
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.
5. Issues like Warranty / Guarantee etc. shall be outside the purview of IEMs.
6. In the event of any contradiction between this Agreement and its annexure, the
clause of the Agreement will prevail.
For the sake of brevity, both the parties agree that this Agreement will have
precedence over the Tender/Contract documents with regard to any of the
provisions covered in this Agreement.

(For & on behalf of the Principal) (For & on behalf of the Bidder)
(Office Seal) (Office Seal)

Place:
Date:

Witness-1
Signature:
Name:

Address

Witness- 2

Signature
: Name:

Address:

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