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PRE-QUALIFICATION REQUIREMENT
1. The bidder shall submit EMD as specified in tender specification. Offer without proper earnest money shall
not be considered under any circumstances.
2. The bidder shall be a company, registered under the Companies Act 1956/2013 or registered as L.L.P or
proprietor ship/partnership firm under the related statutory Act for provision for deployment of the
Manpower/Computer Operator services.
3. The bidder should have a valid labour license issued by Labour Commissioner for providing
Manpower/Computer Operator in services/industries/government departments.
4. The bidder should have EPF certification/ registration with code number issued by Employee Provident
fund organization under EPF Act 1952. Further, bidder should not have any conviction under above Act
during last two years.
5. The bidder should have ESI certificate with code number issued by Employees State Insurance Corporation
under ESIC Act, 1948. Further, bidder should not have any conviction under above Act in last two years.
6. Work Experience
The bidder should have experience of successfully executing Computer Operator Supply Contract involving
deployment of Manpower/Computer operator in any Govt. /Semi Govt./Public Sector Undertakings in
Generation/Transmission/Distribution company during the last 7(Seven) financial years reckoned from the
financial year beginning from 01.04.2023 of value not less than that specified below:
a) Three completed works worth not less than Rs 8.98 Crore each (40% of annual cost of work)
OR
b) Two completed works worth not less than Rs 11.23 Crore each (50% of annual cost of work)
OR
c) One completed work worth not less than Rs 17.97 Crore (80% of annual cost of work).
Note:-If a bidder has completed work of less than a year (not less than 6 month) or more than one year, its
capability shall be annualized and calculated for 12 months.
The bidder shall have to submit copy of order/LOI/agreement for work experience and related
experience certificate along with the tender documents.
7. Financial Position :
(a) The Minimum Average Annual Turnover (MAAT) for the best Three years out of the last Five
Financial years MAAT should not be less than Rs 22.46 Crore (30% of the Annual cost (it shall be
taken on reducing basis of bid which are under consideration for award of work).
(b) Net worth for each of the last three financial years should be positive. Net worth means the sum total
of the paid up capital and free reserves (excluding reserves created out of revaluation) reduced by
aggregate value of accumulated loses (including debit balance in profit and loss account for current
year) and intangible assets. (*: Annual total income as incorporated in the Profit and Loss account
except the recurring income e.g. sale of fixed assets)
*: Audited balance sheet & certificate from auditor certifying that revenue is from Manpower/Computer
Operator outsource services shall be submitted separately. It must have UDIN No.
(c) Solvency:- the bidder should have a minimum solvency of 25% of annual estimated cost or credit
facility for the same from Nationalized/scheduled bank i.e. Rs. 5.61 Crore (it shall be taken on reducing
basis of
bid which are under consideration for award of work)
8. As evidence of meeting the above qualifying Requirement the intending Bidder(s) should submit the
following documents:
a. Attested Copies of work orders/Contract agreements along with a completion certificate stating the name
of work, date of commencement of work, date of 100% completion of work and the value of the work on
completion, issued by competent authority of the client.
b. Attested copies of notices/conviction order from the EPFO and ESIC. In case, there is no litigation, an
affidavit may be submitted stating no litigation.
c. Audited Profit and loss account and balance sheet for the last /preceding five financial years with UDIN
no.
d. Valid Labour License under the Contract Labour (Regulation & Abolition) Act, 1970 only.
e. Registration under Companies Act/Registered Partnership deed/Affidavit for/Company MOA/AOA/LLP.
f. Copy of PAN Card, EPF, ESI & GST Registration Number of company/LLP/Firm.
g. Undertaking for mandatory compliance of all statutory liabilities and other terms and conditions as
specified in bid document.
h. Submission of attested copy of Employee’s Compensation Insurance Policy (WC Policy) taken from any
of the IRDA recognized Insurance Company for such labours deployed. An affidavit on stamp paper of
Rs. 10/- have to be submitted compulsorily for providing suitable WC Policy before agreement in non ESI
covered areas in case WC Policy is not available at the time of submission of bid.
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i. Certificate from the bank stating the financial capability/credit facility for the required solvency.
j. Undertaking on stamp paper of Rs. 100/- that firm is not backlisted/debarred from doing business from
Central/State Govt. PSU or Semi Government Department.
k. The Contractor will ensure that all its employees are covered under Employee State Insurance (ESIC)
Scheme and if in any circle/district ESIC Dispensary / Hospital is not located then Contractor needs to
cover its employees under Workmen’s Compensation Insurance Policy.
9. No joint venture shall be allowed for participation in bid.
10. Techno –commercial Evaluation Criteria
The techno-commercial evaluation shall be done as per the methodology given in Annexure-1 to Qualification
of Requirement.
(A) Methodology –The evaluation components, their weightages and their scale of assessment, etc. shall be
decided as per the table given below by the Purchaser/Service Recipient and would be binding on all bidders
under consideration.
S. Components for Techno-Commercial Score Document's
Criteria
No. Evaluation (Max.) Required
Overall experience for similar works in One mark per year of Work Order(s) and
Outsourcing of Manpower/Computer experience Performance
1 5
Operator across all sectors including Certificates
public sectors.
Experience in Outsourcing of
Manpower/Computer Operator in
Work Order(s) and
Central/State PSU(s)/ Government One mark per year of
2 10 Performance
Department(s) Generation, experience
Certificates
Transmission/ Distribution, serving in
the States of India in similar field
Highest, single award on per year
contract value out of all awarded
outsourcing contracts, in any one of the
Work Order(s) and
last 3 years, in any Central/ State PSU (s)
3 One Mark for Rs. One Crore 10 Performance
/Government Department (s), including
Certificates
Public Transmission/Generation/
Distribution serving in any states of
India.
Audited Balance Sheet
& certificate from
Rs 10.00- 15.00 cr :- 10 marks 35 auditor
Turnover from outsourcing of
15.00 – 20.00 cr : 20 marks certifying that the
4 Manpower/Computer Operator of last 3
20.00-30.00 cr: 30 marks revenue is from
years in similar field.
above 30.00 cr : 35 marks Manpower/Computer
Operator
Outsourcing Services
below 10.43 cr. – 0 marks
The bidder should have a solvency or
above 10.43 cr. – 20 marks Certificate from bank
5 credit facility from
20 in Prescribed format
Nationalized/scheduled bank
Average No. of personnel per month for One mark for 100 Personnel
6 whom Provident Fund deposited for the 20 Annual EPFO returns
financial year 2021-2022/2022-2023
7 Total 100

*Minimum Techno-Commercial score required for qualification is 60 marks.

 Turnover (MAAT) : Rs. 22.46 Crore (Minimum)

 Solvency: Rs. 5.61 Crore (Minimum)
 All certified financial documents from charted accountant must have UDIN no. otherwise it will not be
accepted.
 Only online uploaded documents on GEM Portal will be considered.
 SCOPE OF SERVICES
1. Scope of work :- Supply of skilled manpower (Computer Operator) for doing Typing work
in Hindi & English having Knowledge of MS Office and Internet for MVVNL Head Office
4A Gokhle Marg Lucknow & all Zone for two years .
Background
The Purpose of this Tender is to select contracting agency in various districts of MVVNL who will
supplycomputer operator manpower for different Zone. The tentative manpower requirement is as
shown below:
Sl.No. Name of DISCOM No. of computer operator
1 MVVNL 1227

1. Essential Qualification required for computer operator manpower to be deployed

a. The qualification of all Computer Operators shall be minimum graduation, minimum typing
speed shall be 30 words per minute in Hindi and minimum 35 words per minute in English,
shall have minimum 03 year working experience, whose certificate (EPF Slip etc.) shall be
provided by the concerned firm.
Major Duties :-
a. All types of official works on various operating platform like MS-Word, Excel, Power Point
and E-mail.
b. Must be well versed in drafting of Hindi and English documents.
c. Must have knowledge of official record keeping.
d. Other necessary works allotted in MVVNL interest from time to time.
e. Must be disciplined, polite, well behaved, of sound health and punctual on duty.
 SPECIAL CONDITIONS OF CONTRACT
1. Period of Contract
1.1 The period of Contract under the scope of work shall be up to 24 months from the date of
placement of order which can further be extended in two tranches of one year each on mutual consent
between both the parties on same rates, terms and conditions, as specified in bid documents, based on
the performance of the contractor. However, the Discom may terminate the contract by giving 60 days’
notice without assigning any reason.
2. Mandatory Obligation on the Contractor
2.1 The Contractor shall be obliged to pay the applicable wages to its deployed personnel which shall
not be less than the at least minimum wages to the skilled personnel as applicable (as per the
classification equivalent to the monthly/daily wages determined by the applicable (as per the
classification equivalent to the monthly/daily wages determined by the Labour Commissioner, Govt. of
Uttar Pradesh under Minimum Wages Act. 1948 or latest amendment thereof) through bank transfer
only in the account of deployed personnel. Firm shall provide Salary slip to all personnel. In this
connection, the order issued by Government of Uttar Pradesh revising the wages from time to time
shall be binding on the contractor from the effective date mentioned in such notification.
2.2 The Contractor shall discharge its liability for the deployed Computer Operators in respect of
Employees Provident Fund under The Employee Provident Funds and Miscellaneous Provision Act,
1952 on regular basis on or before the due date as per provision on of Act.
2.3 The Contractor shall discharge its liability for the deployed personnel in respect of Employees State
Insurance Corporation (ESIC) under the Employee’s State Insurance Act, 1948, and only in places where
ESIC is not applicable, the Contractor will obtain Insurance under Workmen Compensation Insurance
Policy from any of the IRDA recognized Insurance Companies. Copy of the policy shall be submitted to
the Discom evidencing compliance of the provision before signing of agreement.
2.4 The contractor shall also have to bear all other liabilities as per existing “Contact labour (Regulation
and Abolition) Act 1970” and other applicable Labour Act as amendable from time to time.
2.5 The contractor shall also bear all other expenses like Leaves, Training, additional Salary, Group
Insurance.
2.6 The Contractor shall be liable to give work off/holidays to the deployed labour as per the Contract
labour (Rules and Abolition) Act, 1970 or latest amendments thereof and shall also be liable to provide
the substitute labour for this periods.
2.7 The Contractor shall have to provide Photo Identity Card for each and every deployed personnel
which will have to be prominently displayed while on duty. The sample for the same is enclosed at
Annexure….
2.8 The contractor will have to make the payments of wages directly into a Bank Account of deployed
personnel through NEFT/RTGS and shall provide details of their bank accounts number, bank name,
etc. to the Officer/employee appointed by Discom as the Controlling officer/Officer-In-Charge, .
2.9 The Contractor will mandatorily submit documents showing the proof of age and qualification of
the personnel deployed by it. The verification of the credential of the personnel by the Discom is
mandatory and shall majorly be a one-time activity in a year. Duly signed Declaration to be given for all
deployed manpower should be submitted to the Engineer of contract & Discom H.Q. before deploying
the respective manpower. Random police verification would be carried out regularly to the check the
genuineness of the declaration.
In case, the bill raised by the Contractors after three months gap, the same shall be passed only after
successful verification of the credentials of deployed labour by Discom. Any addition/ removal of work
force will be properly/ promptly intimated to Discom and the added work force credentials will also be
verified by the Discom.
2.10 The contractor shall have to ensure fulfillment of the eligibility criteria as mentioned in Section
Qualification requirement Eligibility criteria of Bidders of the bid document, at all times.
3. Quoting of Price (all inclusive)
3.1 While quoting the profit margin all the expenses such as supervisory cost, overhead expenses, leave
reserves of the deployed manpower should be factored in the Bidder's profit margin charges. The
above is only illustrative and for avoidance of doubt is reiterated that nothing will be paid extra by
Discom over and above the quoted profit margin.
3.2 (a) Profit margin acceptable band will be minimum 4.5 percent to 7.0 percent.
 (b) The bidder quoting less than 6.0% of profit margin, shall have to submit Contract performance
guarantee for an amount totaling 15% of per annum cost of total contract value before signing of
agreement.
(c) For avoidance of doubt it is made clear that discom does not made any assertion that 6.0% profit
margin is adequate to take care of all the items. Bidders are required to make the own commercial
assessment of the same.
3.3 If in a particular district, the ESI facility is statutorily available for urban as well as rural Computer
Operator, in such case the payment of ESI Computer Operator deployed in rural areas will also be
reimbursed by Discom on the approved rates for urban areas. The contractor shall have to produce
necessary documentary evidence in support thereof.
4. Submission of Bills
4.1 The contractor shall submit bills with all prescribed documents to Circle/Division office or any other
office as prescribed by the Discom.
4.1(a) While submitting the bills for payment purpose, the Contractor shall have to enclose copy of the
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following documents before 20 (Twentieth) day of the succeeding month for the work/service
extended during the previous month:
• Each month EPF Challan Sheet along with ECR Sheet in which deployed manpower should be
highlighted for EPF Verification.
• Copy of Biometric Card provided by ESIC (along with ESIC receipt) of each labour deployed. In
case ESIC is not applicable than the copy of Workmen Compensation Insurance Policy or Group
Personal Accident Policy, taken from any of the PSU”s for the number of labours deployed.
• The contractor shall have to get the attendance sheet (day-wise and shift-wise) verified by
second working day of next month by Officer in charge or their authorized representatives and
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submit it with consolidated bills upto 20 (Twentieth) day of the succeeding month.
• The contractor shall have to provide Bank Account details of each deployed manpower along
with monthly salary slips in which he is paying the wages to the Computer Operator. Also
Contractor must provide monthly statement of bank account showing transaction of salary in
his manpower’s account.
• Shift wise roaster.
• GST receipt, along with deposit challan & copy return file as per rules.
• Receipt of Premium paid to Workmen Compensation Insurance policy or group personal
accident policy.
• Bonus (as per payment of bonus act 1965) will be paid extra as legally applicable on submission
of proof paying it to labourers.
• Any other document, if applicable.
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4.2 All above payment excluding wages (wages to be paid on 7 day) must be made in respective
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department by 20 (Twentieth) of succeeding month else penalty of Rs. 100/- per day per personnel
for which the payment including the salary disbursement has been delayed or not been done (along
with all the penalties imposed by ESIC or EPFO) shall be imposed and recovered from its bill/contract
performance guarantee. Any non-compliance regarding timely payment of salaries, PF. ESIC or any
other payments due by Contractor to the deployed manpower may attract Stringent Actions including
Legal proceedings and repetition of such offences might result into blacklisting of the Contractor for
any future contracts/tenders.
4.3 In case of delayed payment to personnel, 18% interest and penalty shall be imposed on the amount
made available by the department to the service provider.
4.4 The outsource personnel currently working will be hired by the service provider selected by the GEM
Portal on recommendation of officers of MVVNL. Only for new personnel, service provider will select
applicants from among the applicants available on Sevayojan.up.nic Portal operated by the Uttar
Pradesh employed departments.
4.5 After being placed in service if any recovery will be done from personnel then MVVNL will have the
right to take delisting action against the service provider on receipt of compliant related to it.
4.6 If working agency made less payment than minimum wages to any personnel then 10 times of (less
payment value) penalty will be imposed on service provider.
4.7 After the successful completion of work/service during the very first month of the contract period, the
bills shall be passed only after the Contractor produces the undertaking for depositing wages into the
accounts of the personnel deployed by it. The evidence of payment of EPF (i.e.) ECR), ESIC (or WC
Policy), and applicable GST shall not be mandatory to submit in first month. However, from the second
month onwards all such statutory payments proofs are to be furnished along with the bills submitted
by the Contractor (in accordance with guidelines mentioned in 4.2 above in this section). The Discom
will verify the disbursement of wages along with the evidence of payment of EPF, ESIC or WC (as the
case may be).l The Discom will cross check the details, submitted by contractor to the Discom along
with its bill from the EPFO portal. The Discom will also verify the payment receipts submitted by
Contractor for the ESIC contribution or WC contribution of the concerned employees.
4.8 Contractor shall present bills in two parts, First part consisting of wages paid to the contractor’s
personnel and other part will consist of statutory payments like details of EPF, ESI etc as applicable.
However before submission of the bill, the Contractor has to ensure that the payment of persons
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deployed by the Contractor have been made for the billed period before 7 (Seventh days) of the
succeeding month. The correctness of amount and/or of any penalty imposed by the competent
authority of the Discom/Service Recipient shall be binding on the Contractor. He will also enclose proof
of payment/Wages made to staff for that month.
4.9 Payments shall be made promptly by the respective Discom, within thirty (30) days after submission of
a valid bill along with all prescribed documents mentioned in Clause 4.1 of Special conditions of
contract. In such case, where there is any dispute/issue related to the billed amount then payment at
the rate of 80% of the least allowable amount (after deducting taxes, penalties & Performance
Security) of the bill shall be done and the balance amount payable/recoverable if any, shall be
paid/adjusted along with next month's Payment.
It should be noted that in case of compensation recoverable, the contractor shall have to deposit
the payment with the Discom not later than fifteen (15) days after submission of settlement statement.
For any delay beyond this period (15 days), the Contractor shall have to pay the settlement amount
along with the applicable bank interest, beyond the 15 days period.
In any bill payment related dispute/issue arising between Discom and Contactor, a committee shall
be formed and convened by concerned Engineer of contract for resolution of such dispute. The
committee shall resolve such issues within a period of 30 days from the day of identification of such
issues. The decision of the committee shall be binding on both the parties.
In case there is no further resolution regarding bill payment related dispute/ issue within the
stipulated timeline, Clause-15- Section…. General Conditions of Contract will be applicable.
4.10 The contractor shall also have to give an undertaking that, they are not availing any benefit of
Employer share of Employee provident fund (EPF) under schemes like Pradhan Mantri Protsahan
Yojana (PMRPY) or any other similar schemes. In case, contractor is availing any benefit for any such
said schemes, the same shall be intimated to the Discom and reimbursement shall be reduced to the
extent of benefit received by the contractor. In case, the fact of such reimbursement is not disclosed
and is discovered subsequently, penal action shall be taken against such a contractor.
5. Changes in Manpower Requirement
5.1 The Contractor must deploy the requisite number of manpower as and when required and notified by
Officer/employee appointed by Discom as the Controlling officer/Officer-In-Charge,. The Discom/Service
Recipient reserves its right to increase or decrease the manpower requirement numbers during the period
of the contract as per the job requirement and contractor/contractors must abide by the same without any
fail/objections. The change in manpower requirement shall be within the variation limit, mentioned in the
specifications i.e. (-50/+100%)
6. Contract Performance Guarantee
6.1 The security deposit or contract performance guarantee shall be as per below mentioned condition.
a) The Contractor shall furnish Bank Guarantee (valid for the entire contract period + 6 months and
extension (if any) thereof for an amount totaling 10% of per annum contract value. The bank
guarantee shall be from Scheduled commercial bank excluding Cooperative bank and Regional Rural
banks (of any Bank having Branch situated in the State of Uttar Pradesh). The bank guarantee should
also have a further claim period of 3 months from the date of completion of the contract.
b) If the successful bidder quote (profit margin) has been less than 6.0%, then Bank Guarantee should be
submitted (valid for the entire contract period + 6 months and extension (if any) thereof for an
amount totaling 15% of per annum contract value. The bank guarantee shall be from Scheduled
commercial bank excluding Cooperative bank and Regional Rural banks (of any Bank having Branch
situated in the State of Uttar Pradesh). The bank guarantee should also have a further claim period of
3 months from the date of completion of the contract.
6.2 The purpose of Contract Performance Guarantee is to cover the risk of business. It is a
pre estimation of losses occurring to Discom due to non-performance of the Contractor.
6.3 Within twenty-eight (28) days of issue of letter of award, the successful bidder shall furnish requisite
contract performance guarantee which could be invoked at any branch of the bank in UP and also execute
an agreement on the prescribed from duly stamped for the due and proper fulfillment of the contract. The
cost of stamp paper including cost of revenue stamps and stationery charges shall be borne by the
Contractor.
6.4 Failure by the successful bidder to furnish the prescribed Contract performance guarantee or to
execute the agreement within the period specified in Bid document after its bid has been accepted or
notice to start the work within such time as is determined by the Officer/employee appointed by Discom as
the Controlling officer/Officer-In-Charge, after notification of the acceptance of the bid shall entail action
as deemed appropriate by the Discom (including forfeiture of the earnest money deposit (EMD),
cancellation of the contract, blacklisting of bidder, etc.).
6.5 The EMD shall be kept valid by the successful bidder, till the time the requisite CPG amount has been
submitted by them and accepted by the Officer/employee appointed by Discom as the Controlling
officer/Officer-In-Charge, . No payment shall be made to the contractor until the submission of the CPG by
them and acceptance of the same by Officer-in-charge and its subsequent verification.
6.6 The contract performance guarantee shall only be released by respective Officer/employee appointed
by Discom as the Controlling officer/Officer-In-Charge, subject to an undertaking by the Contractor stating
successful completion of Contract along with certificate stating that all Statutory compliance have been
made successfully.
7. Contractor Profit Margin Charges
7.1 Minimum profit margin should not be less than 4.5% as per G.O.
7.2 Such profit margin shall be quoted taking into account all overhead expenses envisaged by the bidder (not
attributable to the Discom/Service Recipient) for efficient functioning/execution of Contract. Any other dues if
applicable shall be paid by contractor to its deployed personnel.
7.3 Bidders shall note that in case of revisions of minimum wages as notified by Labour office, Uttar
Pradesh, Contractor must pay the wages to their deployed workers as per revised minimum wages as
notified time to time by competent authority. Accordingly DA, PF & ESI shall be calculated based on
prevailing minimum wages and bill shall be submitted accordingly.
8. Bid Evaluation
8.1 Prior to evaluation of bid, the Discom/Service Recipient shall determine whether each bid is
substantially responsive to the requirements of the bid documents. A substantially responsive bid is one
which confirms to all the terms, conditions and specifications of the bidding documents and complies with
all the statutory laws in force and as amended from time to time without any deviation in scope or
reservations.
8.2 To assist in the analysis, evaluation and computation of the bids, the Discom/Service Recipient may ask
bidders individually for clarification of their submitted bids after opening of Bid part-I. No offline
st
documents will be accepted after opening of bid part-1 . The request for clarification and the response
shall be in writing but no change (whatsoever) in the price or substance of the bid offered shall be
permitted and may lead to rejection of the bid submitted.
 8.3. Techno-Commercial Evaluation:
8.3.1 The bidders, whose bids are found to be substantially responsive, complete in all respects (as per
necessary terms and conditions of bid document) and meeting required minimum eligibility criteria shall
stand eligible for Techno-commercial evaluation.
8.3.2 For bid to be considered for techno-commercial evaluation, all conditions as specified in Section-:
Eligibility Criteria. For Bidders of the bid document must be fulfilled (along with the necessary documents).
The techno-commercial evaluation shall be done as per condition given in Qualification requirement
Techno-commercial Evaluation Criteria.
8.3.3 The minimum qualifying criteria for a financial evaluation is 60 marks as indicated in Techno-
commercial Evaluation Criteria.
8.4. Financial Evaluation:-
8.4.1 All such bidders who qualify as per clause 8.3 shall be eligible for financial bid opening.
8.4.2 The contractor has to quote for complete package given in the schedule of rates, else the bid shall be
rejected.
9. Contract award process.
9.1 Least Cost Based Selection (LCBS) method shall be adopted for selection of successful bidder.
9.2 The bidders (eligible for price bid opening) quoting the lowest rate of Contractor Profit Margin Charges
shall be adjudged as L-1 and such rate will then be deemed as the lowest rate to perform the work/service
subject to the decision of competent authority.
10. Tie Breaking
In case of more than one bidder quoting same percentage of profit:
Bidder will be decided by “RUN L1 TOOL” applicable on GeM Portal. (‘kklukns’k la[;k
3@2021@103@18&2&2021&97¼y0m0½2016 Vh0lh0&1 fnukad 19-02-2021 ds vuqlkj)
11. Confidentiality of data or information:
11.1 It is a condition of this Bid that the information provided herein is for the purpose of enabling
prospective bidders to submit proposals to the Discom. It may neither be used in any other context nor
revealed to any other party not directly involved in the submission of a proposal in accordance with the
terms of the specification.
11.2 Information relating to examination, clarification, evaluation and comparison of bids and
recommendations for award of Contract shall not be disclosed to bidders or any other person not officially
concerned with such process. Any effort by a bidder to influence the processing of bids or award decision
may result in the rejection of bidder's bid.
12. Acceptance or Rejection of bid/ offer.
12.1 The Discom reserves the right to accept or reject any or all bids without assigning any reasons thereof.
The Discom also reserves the right to reject any bid which in its opinion is non-responsive, not workable or
violating any of the conditions/specifications without any liabilities to any loss whatsoever it may cause to
the bidder in the process.
12.2 Any Bidders who has earlier participated in any tender for outsourcing of activities in any
office/department of the Discom or in any Discom in Uttar Pradesh and has not taken over the work
against order placed on them (or) their order has been cancelled by the Discom on account of poor
performance or because of non-payment of wages/statutory payment, such bidders/ Contractor shall not
stand eligible to participate in this tender process and their bid/ proposal/offer may be summarily rejected
by the purchaser.
12.3 Any bid which is unreasonable, nonresponsive or not workable shall be rejected.
13. Miscellaneous.
13.1 In case, any penalty is imposed by the regulator/ government any other judiciary or compensation
thereof, as decided by the concerned authority, on the Discom related to services/ scope of work as per
this Bid document, then the same shall be passed on to the Contractor.
13.2 Contractor must cooperate with the Discom to conduct random checks with outsourced employees
deployed to check the disbursal of salaries and other compliance payments like PF, ESIC, etc. by the
Contractor Subsequently, if it is found that the Contractor is not complying with stipulated pay-outs to its
labour, Discom shall initiate actions like Encashment of BG/Legal Proceedings/Blacklisting of the Contractor
and forfeiture of Bank Guarantee etc.
15. The Engineer in Charge shall have right to ask the contractor to replace or transfer deployed manpower
without any reasons thereof.
16. Contractor will be required to take Group insurance policy of its deployed manpower for at least 7.5 lacs
per person from a IRDA recognized insurance company. In case of unfortunate death of a contractors
employee in work related accident immediate relief of Rs. 7.5 lacs shall be released by the respective SE to
the next of kin of deceased. The Contractor shall have to deposit this amount in concerned Discom account
within 120 days or after getting the claim from the Insurance Company whichever is earlier. Otherwise
rupees 7.5 lacs will be deducted from the contractor running bill.
17. The bidders are required to deposit EMD in the form of NEFT/RTGS in Account no. 10101985738 and IFSC
code SBIN0003347 of State Bank of India, Ashok Marg Branch, Lucknow and in favour of Executive
Engineer to Managing Director, MVVNL. The EMD shall also be accepted in form of BG/FDR.
Submission of Earnest money in the form of Bank Guarantee from a schedule bank in india, executed
on a non-judicial stamp, paper of requisite value as per U.P. stamp Act strictly on the specified
proforma appended with Tender document(only applicable when amount of earnest money exceed Rs.
500/-) along with the tender bid Part-1 in soft copy (Signed and Scanned copy of deposited tender
EMD) on GeM portal and original copy of Bank Guarantee should be sent/deposited to MVVNL within
5 days of opening of tender. The validity of bank guarantee would not be less than 270 days from the
date of tender opening plus claim period of 6 month. Any deviation or addition/deletion from the text
of the specified proforma of a bank guarantee/inadequate value of stamp paper shall render the Bank
Guarantee invalid for the purpose of opening of tender Bid Part- II.
18. The Contractor shall furnish Bank Guarantee valid for the entire contract period and 06 months
extension (if any) thereof for an amount totaling 10% of per annum contract value. The bank guarantee
shall be from Scheduled commercial bank excluding Cooperative bank and Regional Rural banks (of any
Bank having Branch situated in the State of Uttar Pradesh). The bank guarantee should also have a
further claim period of 3 months from the date of completion of the contract.
19. If the successful bidder quote (profit margin) has been less than 6.0%, then Bank Guarantee should be
submitted (valid for the entire contract period + 6 months and extension (if any) thereof for an amount
totaling 15% of per annum contract value. The bank guarantee shall be from Scheduled commercial bank
excluding Cooperative bank and Regional Rural banks (of any Bank having Branch situated in the State of
Uttar Pradesh). The bank guarantee should also have a further claim period of 3 months from the date of
completion of the contract.
20. The skilled computer operators hired by the tenderer will be his employees only.
21. The tenderer will himself be responsible for any kind of accident of his skilled computer operator, less
payment/less EPF/less ESI deposit or non-deposit, in this regard, in future, if any question related to legal
procedure/recall falls on the department, then the tenderer will also be fully responsible for that and after
deducting the security deposit deposited by the tenderer, the desired amount will be paid to the concerned
22. It will be the responsibility of the concerned tenderer to comply with the required clauses under the Labor
Act. At the time of any kind of accident at the workplace/going or coming for/from workplace of the skilled
computer operator provided by the tenderer, the tenderer will ensure payment to the family members of
the victim party under the provisions implemented by the Department under the Workmen's
Compensation Act, 1923.
23. Any case related to future employment by skilled computer operator hired by the tenderer will not be filed
against Madhyanchal Vidyut Vitran Nigam Ltd./UP Power Corporation Ltd., nor will it be valid.
24. List of computer operator to be provided by the tenderer, in which name, father's name, full permanent
address of each tenderer will have to be made available and also attested photocopies of latest passport
size color photograph, experience certificate, character certificate verified by district administration
certificate of educational qualification and Aadhaar card of each tenderer will have to be made available to
the officer/employee appointed by Discom as the Controlling officer/Officer-In-Charge.
25. Any kind of experience certificate will not be issued by any officer of the department to the skilled
computer operators (contractors) to be retained by the tenderer.
26. According to the prescribed form of skilled computer operator employed by the tenderer, it will be
necessary to provide photo countersigned identity card, which will be mandatory to be presented on
demand.
27. It will be necessary for the tenderer to regularly deposit the EPF deduction amount in the office of the
concerned EPF commissioner as per the rules of his skilled computer operator whose records and the self-
attested photocopy of the EPF passbook of the tender workers will have to be compulsorily made available
to the Officer/employee appointed by Discom as the Controlling officer/Officer-In-Charge.
28. If the skilled computer operators employed by the tenderer are found involved in any suspicious activities,
an FIR will be lodged against them in the police station and the contract of the tenderer can also be
terminated.
29. The invoice provided by the tenderer will be verified according to the present register through the
consignee officer/junior engineer, the invoice will be signed by the concerned junior engineer himself and
will be made available in the office of the Controlling Officer appointed by Officer/employee appointed by
Discom as the Controlling officer/Officer-In-Charge.
30. According to the invoice submitted by the tenderer, the skilled computer operator to whom the
remuneration is payable, shall be paid through RTGS/NEFT. Will be transferred to the account of skilled
computer operator for which the tenderer will have to send RTGS along with his invoice. Full details will
have to be made available to the Officer/employee appointed by Discom as the Controlling officer/Officer-
In-Charge, along with the EPF payable to skilled computer operators. Details of challan copy of E.P.F.
Payment etc. in favor of the Commissioner will also have to be made available to the Officer/employee
appointed by Discom as the Controlling officer/Officer-In-Charge.
31. If any kind of financial irregularity done by computer operator himself comes to the notice of the
department, then the contract can be terminated immediately. As a result of contract being void or
irregularity, the entire amount will be the responsibility of the tenderer and if any amount is determined on
him as a penalty under the departmental provisions as applicable, Contractor will also be responsible for its
deposit, otherwise in case of non-deposit, the required amount deducted from the deposited bank
guarantee and action will be initiated as per contract terms & conditions.
32. A committee will be constituted under the Officers/employees appointed by Discom to inspect the typing
speed etc. of all Computer Operators and will be kept for work only after the validation of
Documents/Recommendation/consent of the committee.
33. If Computer Operator provided by the firm is not found qualified by the concerned committee, then the
firm will be immediately provided with another provided by Computer Operator in his place.
34. If the complaint related to the work/behavior of the provided by Computer Operator provided by the firm
is received by the officer of the concerned section (under which the computer operator is working), then
within 03 days of informing the firm, another computer operator will be provided. Will happen.
35. Maintaining the confidentiality of the work will be the supreme responsibility of the skilled computer
operator provided by the firm and the firm. If the confidentiality of the work is violated by any tenderer,
then necessary action will be taken against him as per rules and another tenderer will be made available
immediately in his place by the tenderer.
36. In case any skilled computer operator personnel engaged by the tenderer for execution of work is found
unsuitable, it will be mandatory for the firm to arrange another skilled computer operator personnel in
place of the skilled computer operator within 03 days.
37. If any skilled computer operator is removed by the firm, then his prior information will have to be given to
the Officer/employee appointed by Discom as the Controlling officer/Officer-In-Charge, by them and other
experienced skilled computer operator will have to be made available in his place.
38. Experience of computer Operators to be supplied by the tenderer will be calculated on the basis of EPF
Details for other govt. department candidates and EPF/experience certificate issued by office bearer (HOD)
for candidates working under MVVNL/UPPCL .
39. It is mandatory for the tenderer to compile work-efficiency and integrity certificate from all officer bearer
(HOD) under MVVNL for the manpower supplied every year in the month of July before dispensation of
salary for the month of August.
th
40. Office bearers may request to Engineer of Contract through proper channel till 15 of July of every year to
change Group of computer Operator with proper reason and recommendations.
 General Conditions of the Specification
1. Discom’s representative

1.1 The Discom shall appoint an officer/employee designated as the Controlling Officer/Officer-incharge
who shall carry out the functions and obligations of the Discom under the Contract.

1.2 The Discom may from time to time appoint any other person as the Controlling Officer/ Officer in-
charge in place of the person previously so appointed, and shall give a notice of the name of such
other person to the Contractor without delay. The Discom shall take reasonable care to see that no
such appointment is made at such a time or in such a manner as to impede the progress of
works/services. The Controlling Officer/ Officer-in-charge shall represent and act for the Discom at
all times during the currency/validity of the Contract.

1.3 Any decision, instruction or approval given by the Controlling Officer /Officer-in-charge of
theDiscom to shall be binding on the Contractor.

1.4 All notices, instructions, orders, consents, certificates, approvals and all other communications
under the Contract shall be given by the Controlling Officer/ Officer-in-charge.

1.5 The Controlling Officer/ Officer-in-charge may authorize his representative(s) as site-in-charge for
the works/services.
2. Contractor’s Representative
2.1 The Contractor shall employ at least one competent representative (name, address, telephone
number, identity proof of the representative shall be communicated in writing to the Controlling
Officer/officer-in-charge by the Contractor) to supervise the works/services at each Circle. The
said representative, (or if more than one shall be employed, then one of such representatives), shall
be present whenever required and should be approachable in person or on phone at time and location
as specified by the Discom/ Service Recipient. Any written order or instruction which the
Controlling Officer/officer-in-charge or his duly authorised representative may give to the said
representative of the Contractor shall be deemed to have been given to the Contractor.

2.2 The Controlling Officer/officer-in-charge shall be at liberty to object to the presence of any
representative or person employed by the Contractor for execution of the Contract or otherwise
at the site, who in his/her opinion is found to have misconduct him-self/her-self or be incompetent or
negligent and the Contractor shall remove the person so objected to, upon receipt from the
Controlling Officer/ officer-in-charge a notice in writing requiring him to do so and shall provide
in his place a competent representative at the Contractor’s risk and expense.

3. Bankruptcy/Insolvency of the Contractor

3.1 If the contractor is imprisoned, becomes insolvent, compound with his creditors, has a receiving
order made against him or carries on business under a receiver for the benefit of the creditor or
any of them or being a partnership firm, become dissolved or being a corporation, goes into
liquidation or is being wound up, not being a voluntary winding up for the purpose only of
amalgamation or reconstruction, the Discom shall be at liberty:
To give such liquidated contractor or other person in whom, the Contract may become vested,
the option thereof to award the Contract or a portion to any other contractor, thereof to be
determined by the Discom subject to his/her providing an appropriate guarantee for the
performance of such Contract.

4. Duty and Behavior of Contractor’s Personnel

4.1 The personnel deployed by the Contractor must always carry their Photo-ID card issued
byDisocm.

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 4.2 The personnel deployed by the Contractor shall maintain the decorum and obey the instructions
of the officer-in-charge of the Discom for that particular work and place of duty. They must follow
the procedures of duty, performance and stipulated time guideline for working hours as set by the
officer-in-charge of the Discom from time to time.

4.3 It shall be accepted as an inseparable part of the Contract that in matters regarding competency,
efficiency, conduct and behaviour, the decision of the Officer-in-charge of the Discom shall be
final and binding on the Contractor in all such matters.

5. Safety Provisions
5.1 The Contractor shall arrange for the safety in its operation as prescribed by the Discom and all
safety protective equipment’s and tools are to be provided by the contrcator. It is the responsibility
of the Contractor to deal with any liability arising due to any injuries occurring to the Contractor‟s
staff during performance of duty. The Discom would not be liable to pay any compensation to the
injured employees of the Contractor under any circumstances.
5.2 In case the Contractor fails to make such arrangement, the authorized officer/staff of the Discom
shall be entitled to recover the costs thereof from the Contractor. The failure to comply with the
provisions of the Safety Rules and Regulations, if any, the Contractor shall without prejudice to
any other liability pay to the Discom a penalty amount, as determined by the competitive authority
of the Discom.

6. Checks and Supervision by the Contractor

6.1 The Contractor shall ensure that its personnel perform their duties efficiently by exercising frequent
surprise checks and by appointing sufficient supervisory staff as felt necessary by the Discom. In
case it is found that any damage has occurred due to negligence, ignorance or not performing the
duty by the personnel of the Contractor, all the losses so occurred to the Discomshall be recovered
from the amounts payable to the Contractor and its security deposits or Contract Performance
Guarantee.

7. Notices and Instructions

7.1 The Contractor shall furnish the complete address of its permanent office and local office along with
telephonic numbers, fax numbers, emails, etc. to the Discom. Any notice or instructions to be given
to Contractor under the terms of the Contract shall be deemed to have been served on him if it has
been sent at local office or to the address of the Contractor last notified by them or delivered to
authorized signatory.

8. Health of the Personnel deployed

8.1 All persons deployed by the Contractor shall be of sound physical and mental health and should not
be under the influence of any drug or liquor during duty and have full knowledge and experience to
competently complete the job assigned to them. In case it is found that any loss has occurred to the
Discom’s property/interest due to deployment of such personnel, the same shall have to be replaced
by the Contractor without any extra cost to the Discom.

9. Subletting
9.1 The Contractor shall not sublet any activity or any part thereof under the Contract.

10. Force Majeure

10.1 Force Majeure means any event or circumstance or combination of events and circumstances
including those stated below that wholly or partly prevents or unavoidably delays an affected party
in the performance of its obligations under this Agreement, but only if and to the extent that such
events or circumstances are not within the reasonable control, directly or indirectly, of the affected

20
 party and could not have been avoided if the affected party had taken reasonable care or complied
with prudent utility practices.

10.2 Act of God, including, but not limited to lightning, drought, fire and explosion (to the extent
originating from a source external to the site), earthquake, volcanic eruption, landslide, flood,
cyclone, typhoon, tempest, tornado, mutiny, civil commutation, riot, terrorist attack, strike (subject
to certification by Labour Commissioner), lock-out (subject to certification by Labour
Commissioner), exceptionally adverse weather conditions which are in excess of the statistical
measures for the last hundred (100) years, any act of war (whether declared or undeclared),
invasion, armed conflict or act of foreign enemy, blockade, embargo, direct or indirect political
events; or any event or circumstance of a nature analogous to any of the above.

10.3 A notification to this effect duly certified by statutory authorities shall be provided by the
Contractor to the Discom. The authority as decided by the Discom (including committee, etc.)
shall decide upon Force Majeure cases and the decision of such authority shall be final and
binding on Contractor/Contractor.

11. Damage to Property and injury to personnel

11.1 The Contractor shall indemnify and keep indemnified the Discom against all losses and claims
for injuries or damage to any person or any property whatsoever which may arise out of or in
consequence of the execution of the Contract and against all claims, demands, proceedings,
damages, costs, charges and expenses whatsoever in respect of or in relation thereto.
11.2 The Discom shall not be liable for damage or compensation payable as per provision of law/act in
respect or consequence of any accident or injury to any workmen or other person in the
employment of the Contractor. The Contractor shall have to pay all claims, demands, proceedings
costs, charges and expenses whatsoever in respect there of or in relation there to.
11.3 In the event of any accident and/or injury, in respect of which compensation may become payable
under the Workman’s Compensation Act-VIII of 1923 including all amendments thereof,
Authorized officer of Discom shall have full powers to retain out of any sums payable/becoming
payable to the Contractor, any sum as may be deemed sufficient to meet such liability on receipt
of award of compensation from the competent authority under the said act, and the same shall be
adjusted from this amount. Any shortfall shall be recovered and any excesses shall be refunded.
The opinion of the Authorized officer of Discom shall be final in regard to all matters arising
under this clause.
11.4 In case it is found that any theft or damage has occurred to the property or premises of the
Discom due to negligence of personnel in performing their duty and/or absence from the place of
duty and/or not providing substitute by the Contractor or any other reason, the cost of all such losses
or damages as assessed by the Discom shall be recovered from the Contractor’s monthly bill or
from their Security Deposit/Contract Performance Guarantee or in any other manner as may
deemed fit.
11.5 In case any personnel of the Contractor is implicated in any law suit or is injured by any person or
group of persons, agitating mob, etc. during the course of performing his/her duty/their duties for
the Discom, it shall be the sole responsibility of the Contractor to defend its personnel in the court
of law or to extend all medical and financial help, etc. without charging any cost to the Discom.
11.6 The Discom shall be deemed to be indemnified by the Contractor for lapses or other mischief’s
etc.by its personnel
11.7 Claims arising due to “any activity” shall be liable for adjustment from contract performance
guarantee furnished by Contractor.

12. Arbitration
12.1 If any dispute, difference or controversy shall at any time arise between the Contractor on the
one hand and the UPPCL and the Engineer of the Contract on the other hand Contract, or as
the true construction, meaning and intent of any part or condition of the same or as to manner
of execution or as to the quality or description of or the payment for the same, or as to the true
intent, meaning, interpretation construction or effect of the clause of the contract specification
or drawing or any of them or as to anything to be, done committed or suffered in pursuance of

21
 the contract or specification, or as in the mode of carrying the contract into effect or as to the
breach or alleged breach or as to obviating or compensation for the commission any of such
breach or as to any other matter or thing whatsoever connected with or arising out of the
contract, and whether before or during the progress or after the completion of the contract such
question, difference or dispute shall be referred for adjudication to the UPPCL or any other
person nominated by him on this behalf and his decision on writing shall be final binding and
conclusive. This submission shall be deemed to be a submission to arbitration modification
thereof. The arbitrator may from time to time with consent of the parties, enlarge the time for
making and publishing the award.

12.2 Upon every or any such reference, the costs of an incidental to the reference and award
respectively shall be at the discretion of the arbitrator, who shall be competent to determine the
amount thereof or direct the same to be taxed as between solicitor and client or as between
party and party and to direct by whom in what manner the same shall be borne and paid.

12.3 Work under the contractor shall, if reasonable, continue during the arbitration proceedings and
no payment due or payable by the corporation shall be withheld on account of such proceeding.
In case of refusal/neglect by such nominee UPPCL may nominate another person in his place.

13. Jurisdiction
13.1 Any dispute or difference, arising under, out of, or in connection with Tender/ Contract order shall
be subject to exclusive jurisdiction at Lucknow Bench of Allahabad High Court only.

14. Blacklisting
14.1 In case(s) of severe default(s) by the Contractor (including but not limited to relevant clause of this
section), the process of blacklisting or debarring of Contractor and recoveries (if any) thereof may
be undertaken by the Discom if deemed necessary.

15. Taxes
15.1 The Contractor shall be responsible for payment of all taxes duties statuary/local levies arising as
as result of commercial transactions under this Contract such GST etc. Discom shall not be
responsible for any tax related liability in any manner whatsoever.

15.2 During the Contract period, the Contractor shall deposit GST and other applicable taxes at prevailing
rates as per Government of India guidelines including during extended period if any.

15.3 If any tax exemptions, reductions, allowances, or privileges may be available to the Contractor,
the Discom shall use its best endeavors to enable the Contractor to benefit from any such tax
savings to the maximum allowable extent.

15.4 The statutory deduction of taxes and duties at source, related to these works and services, shall be
done by the Discom and tax deduction certificate shall be issued to the Contractor wherever
applicable as per law.

15.5 For the purpose of the Contract it is agreed that the Contract value shall include all taxes (including)
but not limited to GST or any other similar tax/duty/Cess/surcharge/levy by whatever name called
under applicable tax laws as on the last date of bid submission) for supplies to be made or
services to be performed under the contracts in their quoted bid price. The Discom shall not be bear
any separate liability over and above the contract price for payment of taxes.

15.6 If any rates of Tax are increased or decreased, a new Tax is introduced, an existing Tax is
abolished, or any change in interpretation or application of any Tax occurs in the course of the
performance of Contract, which directly impacts tax liability of Contractor in performance of this
Contract, an equitable adjustment of the Contract value shall be made to take into account any
suchchange by addition to the Contract value or deduction there from, as the case may be.
22
 15.7 The contractor shall declare its GST registration number. Any liability arising out of GST
implication shall be borne and responsibility of the Discom.

16. Termination of Contract

16.1 Events of default any of the following events shall constitute an “Event of Default”. The
occurrence of any “Event of Default” shall lead to consequences as brought out in Clause:-

16.2 If the Contractor fails to deliver services as per time schedule in the Scope of Work.

16.3 If the Contractor unlawfully repudiates the Contract or has otherwise expressed an intention not to
be bound by the contract.

16.4 If the Contractor does not make timely payment of salaries to the deployed labour.

16.5 If the Contractor does not make the mandatory payments like EPF, ESIC and others liabilities if
any.

16.6 If it comes to the Discom’s notice that the Contractor is indulged in forging documents and
submitting forged documents of EPF Challan sheet, ESIC receipt of personnel deployed by it

16.7 If the Contractor becomes bankrupt or insolvent, goes into liquidation.

16.8 If the Contractor fails to make payment of any amount payable to the Discom, as and when the
same becomes due.

16.9 If the Contractor fails to provide, renew or replenish the payment security and / or contract
performance guarantee.

16.10 If the Contractor fails to fulfil any of the directions or orders of the or

16.11 comply with the requirement of the electricity laws or other laws in relation to bid area.

16.12 If the Contractor has made any false or misleading representation or warranty.

16.13 If the Contractor transfers, otherwise then pursuant to contract, any material or property of the
Discom.

16.14 If the Contractor indulges in any malpractice or corrupt practice.

If at any stage during the period of the Contract any case involving moral turpitude is instituted in a
court of law against the Contractor or his employees.

16.15 Termination for Convenience

The Discom shall be entitled to terminate the Contract without assigning any reason thereof at
any time of the Discom’s convenience, by issuing an “Order for Termination” to the Contractor.
The termination shall take effect on 30th day of issuance of “Order of Termination”, or such
extended period (over and above 30 days) as may be decided by the Discom.

16.16 Termination due to Change in Government / Management Policy

The Discom shall be entitled to terminate the Contract due to change any Government /

Management Policy, by issuing an “Order for Termination” to the Contractor

The termination shall take effect on 30th day of issuance of “Order of Termination”, or such
extended period (over and above 30 days) as may be decided by the Discom.

16.17 Effect of Termination (Either upon default or for convenience or Change in Management /
Government Policy)

• Upon serving the “Order for Termination”, the Discom shall have rights to step-in and
takeover the operations. The Contractor shall be obliged to co-operate with Discom and provide
all necessary support, data, documents, information, etc. which may be required by the Purchase
23
 for successful takeover of the operations and continuum of the services. However, during
transition period the Contractor shall continue to provide such services, as may be required
by the Discom for smooth take-over of operations.
• If the contract has been terminated on occurrence of “Event of Default” as defined in Clause
20.1.The Contract Performance Guarantee submitted by the Contractor shall be invoked on
or after the effective date of “Termination of the Contract” and amount so realized shall be
forfeited by the Discom, as a reasonable pre-estimate of the losses which have occurred to
the Discom due to non-performance of the Contractor.

• If the contract has been terminated on convenience as per Clause 20.3, the Discom shall
have rights to recover any amount payable by Contractor to the Discom from the Contract
Performance Guarantee.

• The Discom unconditionally reserve the rights to claim from the Contractor, any cost, expenses
or loss that may be incurred by reasons of breach of terms and conditions of the contract.

• The Discom shall not be liable for payment of any compensation, whether in contract or tort or
otherwise, towards the Contractor or any third party, upon termination of the contract.
• Upon termination of the contract, the Contractor shall immediately:-
a) Remove it’s manpower deployed on performance of services pertaining to the Contract;

b) cease all further work, except for such work as the Discom may specify in the “Order for
Termination” for the sole purpose of protecting that part of the facilities already executed, or
any work required to leave the site in a clean and safe condition;

c) removeall Contractor’s equipment from the site, repatriate the Contractor’s and its
subcontractors‟ personnel from the site, remove from the site any wreckage, rubbish and debris of
any kind, and leave the whole of the Site in a clean and safe condition; and

d) deliver to the Discom the parts of the facilities executed by the Contractor up to the date of
termination

e) to the extent legally possible, assign to the Discom all right, title and benefit of the Contractor
to the facilities as of the date of termination, and, as may be required by the Discom, in any
subcontracts concluded between the Contractor and its Subcontractors; and

f) Deliver to the Discom all non-proprietary drawings, specifications and other documents
prepared by the Contractor or its Subcontractors as at the date of termination in connection
with the facilities.

g) The Discom shall have the rights to recover from the Contractor any loss or damage occurred
to the property/ items/ materials/ equipment etc. of the Discom, due to any act of Contractor
or its personnel.
17. Corrupt or Fraudulent Practice(s)

17.1 The Discom requires that the bidders observe the highest standard of ethics during the
procurement and execution of the Contract(s).

17.2 In pursuance of this policy, the Discom defines, for the purposes of this provision the terms set
forth below as follows:

• Corrupt practice” means the offering, giving, receiving or soliciting of anything of value
to influence the action of an official/employee involved in the procurement process or in
execution of the Contract.

• Fraudulent practice” means misinterpretation of facts or information in order to influence the

procurement process or the execution of Contract to the detriment of the Discom, and
includes collusive practice among bidders (prior to or after bid submission) designed to

24
 establish bid prices at artificial non-competitive levels and to deprive the Discom of the
benefits of free and open competition.

• The Discom will reject a bid or cancel the Contract if already placed, if it determines that
the bidder recommended for Award or on whom the Contract/Award has already been
placed has engaged in corrupt or fraudulent practices in competing for the Contract/Award
in question.

• The Discom may declare a bidder ineligible for issue of Contract/Award, either
indefinitely or for a stated period of time, if it any time determines that the bidder has
engaged in corrupt or fraudulent practices in competing for or in executing an earlier
Contract of the Discom
18. Miscellaneous
In case, any penalty is imposed by the regulator/ government/ any other judiciary or compensation
thereof, as decided by the concerned authority, on the Discom related to services/ scope of work as per
this Bid document, then the same shall be passed on to the Contractor.

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