Contractor 7Contractor means ________________________________ (in the case of a Partnership) and trading in the name and style of_________________________________ and having a place of business at ___________________________and shall include the partners for the time being of the said firm and the legal representatives of a deceased partner. (c) (In the case of “Contractor" shall mean Shri trading in individual) the name and style of_______________________________ and shall include his heirs, successors and legal representatives. (in the case of “Contractor" shall mean a company……………………………Company) incorporated under _______________________ and having its registered office at and shall include its assigns and successors. (d) " This Contract" Shall mean the Articles of Agreement, the Special conditions, the Appendix, the Schedule of Quantities and specifications etc. attached hereto and duly signed. (e) "Notice in writing" Or written notice shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address to have been received when in the ordinary course of post, it would have been delivered. (f) "Act of Insolvency" Shall mean any Act of Insolvency as defined by the Presidency Towns Insolvency Act or the Provincial Insolvency Act or any Act amending such or iginal. (g) "Net Prices" If in arriving at the contract amount, the contractor shall have added to or deducted from the total of the items in the tender any sum, either as a percentage or otherwise, then the net price of any item in the tender shall be the sum arrived at by adding to or deducting from the actual figure appearing in the Tender as the price of that item a similar percentage or proportion of the sum so added or deducted by the Contractor the total amount of any Prime Cost items and provisional sums of money shall be deducted from the total amount of the Tender. The expression "net rates" or "net prices" when used with reference to the contract or accounts shall be held to mean rates or prices so arrived at. (h) " The works" Shall mean “Comprehensive Annual Maintenance Contract for Maintenance of Standalone AC units at Bank’s Main Office Building in Chennai”as provided herein. Word importing persons include firms and corporations. Word importing the singular only also includes the plural and vice-versa where the context requires. 5.2
Tender 7Tender E-Tender being followed by xxxxx://xxx.xxxxxxxxxxxxx.xxx (f) “Bank’s Officer/Caretaker” The term “Bank’s Officer/Caretaker” shall mean the person appointed and paid by the Bank to inspect the works. The Contractor shall afford the Bank’s Officer/Caretaker every facility and assistance for inspecting the works. Neither the Bank’s Officer/Caretaker nor any representative of the Bank shall have power to set out works or to revoke, alter, enlarge or relax any requirements of the Contract, or to sanction any day work, additions, alterations, deviations, or omissions, or any extra work whatever, except in so far as such authority may be specifically conferred by a written order of the Bank’s Officer with the prior concurrence in writing of the Bank. The Bank’s Officer/Caretaker or any representative of the Bank shall have power to give notice to the Contractor or his representative of non-approval of any work or materials and such work shall be suspended or the use of such materials shall be discontinued. (g) “Notice in writing” written notice shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address to have been received when in the ordinary course of post it would have been delivered. (h) “Act of Insolvency” Shall mean any Act of Insolvency as defined by the Presidency Towns Insolvency Act or the Provincial Insolvency Act or any Act amending such original. (i) “The works” Shall mean the Annual Maintenance Contract for Housekeeping/ Cleaning & Sweeping at Office Building, Common & Peripheral Areas of RBI Kohima as provided herein. Section-D ई-िनिवदा के संबंध म� मह�पूण� िनद�श / Important Instructions Regarding E-tender बोली प्र�ुत करने वाले लोगों से अनुरोध है िक वे अपनी ऑनलाइन िनिवदा प्र�ुत करने से पहले इस िनिवदा के िनयम और शतfi को पढ़ ल�। Bidders are requested to read the important instruction on e-tendering process as given below and the Terms & Conditions of this tender given in subsequent pages before submitting your online tender. 1
Act of Insolvency 5Act of Insolvency means any Act of Insolvency as defined by the Presidency Towns Insolvency Act or the Provincial Insolvency Act or any Act amending such or iginal. (g) "Net Prices" If in arriving at the contract amount, the contractor shall have added to or deducted from the total of the items in the tender any sum, either as a percentage or otherwise, then the net price of any item in the tender shall be the sum arrived at by adding to or deducting from the actual figure appearing in the Tender as the price of that item a similar percentage or proportion of the sum so added or deducted by the Contractor the total amount of any Prime Cost items and provisional sums of money shall be deducted from the total amount of the Tender. The expression "net rates" or "net prices" when used with reference to the contract or accounts shall be held to mean rates or prices so arrived at. (h) " The works" Shall mean “Comprehensive Annual Maintenance Contract for Maintenance of Standalone AC units at Bank’s Main Office Building in Chennai”as provided herein. Word importing persons include firms and corporations. Word importing the singular only also includes the plural and vice-versa where the context requires. 5.2
Bid 5Bid means and include offer and quotation. 2.13 "PERFORMANCE TEST" shall mean all operational checks and tests required to determine the performance parameters including inter-alia capacity, efficiency and operating characteristics of the Stores as specified in the Contract. 2.14 "ACCEPTANCE” shall mean and deemed to include one or more of the following as stipulated in the tender: a) the written acceptance of stores by the Inspector at Contractor's works to ship the materials; b) acceptance of the stores at Purchaser's Site Stores after its receipt and due inspection and release of Material Receipt Voucher. Where the scope of the Contract is only supply, the acceptance should be completed within 75 (seventy five) days from the date of receipt of Stores at Purchaser's Site subject to Contractor meeting the requirements stipulated in the Contract. c) Where the scope of the Contract includes supply, erection and commissioning, acceptance shall mean issue of necessary Material Receipt Voucher after commissioning and final acceptance of Equipment, Machinery and Instrument etc. which should be completed within 75 (seventy five) days from the date of commissioning of the Stores at Purchaser's Site subject to Contractor meeting the requirements stipulated in the Contract. 3
Bidder 5Bidder (including the term 'tenderer', 'consultant' or 'service provider' in certain contexts) means any person or firm or company, including any member of a consortium or joint venture (that is an association of several persons, or firms or companies), every artificial juridical person not falling in any of the descriptions of bidders stated hereinbefore, including any agency branch or office controlled by such person, participating in a procurement process. iii. “Bidder from a country which shares a land border with India" for the purpose of this Order means: - a. An entity incorporated, established or registered in such a country; or b. A subsidiary of an entity incorporated, established or registered in such a country; or c. An entity substantially controlled through entities incorporated, established or registered in such a country; or d. An entity whose beneficial owner is situated in such a country; or e. An Indian (or other) agent of such an entity; or. f. A natural person who is a citizen of such a country; or g. A consortium or joint venture where any member of the consortium or joint venture falls under any of the above iv. The beneficial owner for the purpose of 3 above will be as under: In case of a company or Limited Liability Partnership, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has a controlling ownership interest or who exercises control through other means. Explanation a. "Controlling ownership interest" means ownership of or entitlement to more than twenty-five per cent. of shares or capital or profits of the company; b. "Control" shall include the right to appoint majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements; i. In case of a partnership firm, the beneficial owner is the natural person(s)· who, whether acting alone or together, or through one or more juridical person, has ownership of entitlement to more than fifteen percent of capital or profits of the partnership; ii. In case of an unincorporated association or body of individuals, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has ownership of or entitlement to more than fifteen percent of the property or capital or profits of such association or body of individuals; iii. Where no natural person is identified under (i) or (ii) above, the beneficial owner is the relevant natural person who holds the position of senior managing official; iv. In case of a trust, the identification of beneficial owner(s) shall include identification of the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and any other natural person exercising ultimate effective control over the trust through a chain of control or ownership. v. An Agent is a person employed to do any act for another, or to represent another in dealings with third person. vi. The successful bidder shall not be allowed to sub-contract works to any contractor or agency from a country which shares a land border with India unless such contractor is registered with the Competent Authority. vii. The bidder and OEM must submit an undertaking (format enclosed in the Annexure – XV of RfP) along with the Eligibility criteria and Technical bid duly signed by authorized signatory. 4.18.
Corrupt Practice 5Corrupt Practice means the offering, giving, receiving or soliciting of anything of values to influence the action of an official in the procurement process or in contract execution; and "Fraudulent Practice" means a misrepresentation of facts in order to influence a procurement process or the execution of contract to the detriment of the Bank and includes collusive practice among consultants (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Bank of the benefits of free and open competition. The Bank reserves the right to reject a proposal for award if it determines that the Consultant recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question. The Bank reserves the right to declare a firm ineligible, either indefinitely or for a stated period of time as per the Bank’s discretion, to be awarded a contract if at any time it determines that the firm has engaged in corrupt or fraudulent practices in competing for or in executing the contract.
Fraudulent Practice 5Fraudulent Practice means a misrepresentation of facts in order to influence a procurement process or the execution of contract to the detriment of the Bank and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non- competitive levels and to deprive the Bank of the benefits of free and open competition. 19.31.4 The Bank reserves the right to declare a bidder ineligible, either indefinitely or for a stated period of time, to be awarded a contract if at any time it determines that the bidder has engaged in corrupt or fraudulent practices in competing for or in executing the contract. 19.32
Notice in writing 5Notice in writing Or written notice shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address to have been received when in the ordinary course of post, it would have been delivered. (f) "Act of Insolvency" Shall mean any Act of Insolvency as defined by the Presidency Towns Insolvency Act or the Provincial Insolvency Act or any Act amending such or iginal. (g) "Net Prices" If in arriving at the contract amount, the contractor shall have added to or deducted from the total of the items in the tender any sum, either as a percentage or otherwise, then the net price of any item in the tender shall be the sum arrived at by adding to or deducting from the actual figure appearing in the Tender as the price of that item a similar percentage or proportion of the sum so added or deducted by the Contractor the total amount of any Prime Cost items and provisional sums of money shall be deducted from the total amount of the Tender. The expression "net rates" or "net prices" when used with reference to the contract or accounts shall be held to mean rates or prices so arrived at. (h) " The works" Shall mean “Comprehensive Annual Maintenance Contract for Maintenance of Standalone AC units at Bank’s Main Office Building in Chennai”as provided herein. Word importing persons include firms and corporations. Word importing the singular only also includes the plural and vice-versa where the context requires. 5.2
This Contract 5This Contract means the Articles of Agreement, the Special conditions, the Appendix, the Schedule of Quantities and specifications etc. attached hereto and duly signed. (e) "Notice in writing" Or written notice shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address to have been received when in the ordinary course of post it would have been delivered. (f) "Act of Insolvency" Shall mean any Act of Insolvency as defined by the Presidency Towns Insolvency Act or the Provincial Insolvency Act or any Act amending such original. (g) "Net Prices" If in arriving at the contract amount, the Contractor shall have added to or deducted from the total of the items in the Tender any sum, either as a percentage or otherwise, then the net price of any item in the Tender shall be the sum arrived at by adding to or deducting from the actual figure appearing in the Tender as the price of that item a similar percentage or proportion of the sum so added or deducted by the Contractor the total amount of any Prime Cost items and provisional sums of money shall be deducted from the total amount of the Tender. The expression "net rates" or "net prices" when used with reference to the contract or accounts shall be held to mean rates or prices so arrived at. 2.
RFP 4RFP or “Tender” or “Bid document” means the ‘Request for Proposal document’ i. “Bid” or “Offer” means the written reply or submission of response to this RfP by a bidder. j. “Consultant” or “Consulting Agency” or “Bidder” or “Seller” means the respondent to the RfP document. k. ‘Local currency’ means the Indian Rupees; l. “Member”, in case the Consulting Agency consist of a joint venture of more than one entity, means any of these entities, and “Members” means all of these entities; m. “Party’ means the SIDBI or the Consulting Agency, as the case may be, and Parties means both of them; n. “Personnel” means persons hired by the Consulting Agency as Employees and assigned to the performance of the Services or any part thereof; and ‘key personnel’ means the personnel referred to in Clause 8.4.2 (a). o. "Services" and/or “Deliverables” means the work to be performed by the Consulting Agency pursuant to his/her contract, as described in Appendix A hereto. The scope of work will be strictly as given in various Clauses in TOR. The approach and methodology to be adopted by the Consulting Agency for carrying out the assignment may be modified depending after mutual discussions with SIDBI. The work plan as indicated by the Consulting Agency may also get modified accordingly. p. “Vendor” or “Shortlisted Bidder” is one who is found eligible as per eligibility criteria set out in this RfP, whose technical Bid has been accepted and who has emerged as successful bidder as per the selection criteria set out in the RfP and to whom notification of award / / notification of selection of technical evaluation / LoI / Purchase Order has been given by the Bank. q. “Order value” means value of purchase order placed by the Bank on the bidder/selected bidder under this project for the full and proper performance of its contractual obligations; r. "Third Party" means any person or entity other than the SIDBI and the Consulting Agency 8.1.2.
Services 4Services and/or “Deliverables” means the work to be performed by the Consulting Agency pursuant to his/her contract, as described in Appendix A hereto. The scope of work will be strictly as given in various Clauses in TOR. The approach and methodology to be adopted by the Consulting Agency for carrying out the assignment may be modified depending after mutual discussions with SIDBI. The work plan as indicated by the Consulting Agency may also get modified accordingly. p. “Vendor” or “Shortlisted Bidder” is one who is found eligible as per eligibility criteria set out in this RfP, whose technical Bid has been accepted and who has emerged as successful bidder as per the selection criteria set out in the RfP and to whom notification of award / LoI / Purchase Order has been given by the Bank. q. “Order value” means value of purchase order placed by the Bank on the bidder/selected bidder under this project for the full and proper performance of its contractual obligations; r. "Third Party" means any person or entity other than the SIDBI and the Consulting Agency 8.1.2.
The works 4The works means “Comprehensive Annual Maintenance Contract for Maintenance of Standalone AC units at Bank’s Main Office Building in Chennai”as provided herein. Word importing persons include firms and corporations. Word importing the singular only also includes the plural and vice-versa where the context requires. 5.2
Bank 3Bank means The Reserve Bank of India and shall include its assigns and successors. (b) “Contractor” (in the case of a partnership) “Contractor” shall mean Partnership Firm trading in the name and style of cleaning, housekeeping and sweeping and having a place of business at Kohima, and shall include the partners for the time being of the said firm and the legal representatives of a deceased partner. (in the case of individual) “Contractor” shall mean Shri trading in the name and style of cleaning, housekeeping and sweeping and shall include his heirs, successors and legal representatives. (in the case of Company) “Contractor” shall mean Company, a company incorporated under Companies Act, 2013 or under any previous company law and having its full-fledged service setup at Kohima, and shall include its successors and assigns. (c) “Site” Shall mean the site of the Contract Works including common peripheral area thereon and any other land (inclusively) as aforesaid allotted by the Bank for the Contractor’s use. (d) “This Contract” Shall mean the Articles of Agreement, the Special Conditions, the Conditions, the Appendix, the Schedule of Quantities and Specifications, etc. attached hereto and duly signed. (e) “Tender” E-Tender being followed by xxxxx://xxx.xxxxxxxxxxxxx.xxx (f) “Bank’s Officer/Caretaker” The term “Bank’s Officer/Caretaker” shall mean the person appointed and paid by the Bank to inspect the works. The Contractor shall afford the Bank’s Officer/Caretaker every facility and assistance for inspecting the works. Neither the Bank’s Officer/Caretaker nor any representative of the Bank shall have power to set out works or to revoke, alter, enlarge or relax any requirements of the Contract, or to sanction any day work, additions, alterations, deviations, or omissions, or any extra work whatever, except in so far as such authority may be specifically conferred by a written order of the Bank’s Officer with the prior concurrence in writing of the Bank. The Bank’s Officer/Caretaker or any representative of the Bank shall have power to give notice to the Contractor or his representative of non-approval of any work or materials and such work shall be suspended or the use of such materials shall be discontinued. (g) “Notice in writing” written notice shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address to have been received when in the ordinary course of post it would have been delivered. (h) “Act of Insolvency” Shall mean any Act of Insolvency as defined by the Presidency Towns Insolvency Act or the Provincial Insolvency Act or any Act amending such original. (i) “The works” Shall mean the Annual Maintenance Contract for Housekeeping/ Cleaning & Sweeping at Office Building, Common & Peripheral Areas of RBI Kohima as provided herein. Section-D ई-िनिवदा के संबंध म� मह�पूण� िनद�श / Important Instructions Regarding E-tender बोली प्र�ुत करने वाले लोगों से अनुरोध है िक वे अपनी ऑनलाइन िनिवदा प्र�ुत करने से पहले इस िनिवदा के िनयम और शतfi को पढ़ ल�। Bidders are requested to read the important instruction on e-tendering process as given below and the Terms & Conditions of this tender given in subsequent pages before submitting your online tender. 1
CONTRACT 3CONTRACT or "PURCHASE ORDER” shall mean the communication or document signed for and on behalf of the Purchaser by an Officer duly authorised confirming the acceptance for and on behalf of the Purchaser on the terms and conditions mentioned or referred to in the said communication or document including all attachments and appendices thereto while accepting the Tender or Offer of the Contractor for supply of Stores and any subsequent amendments thereto made on the basis of mutual agreement. 2.10 "SHIPPING RELEASE" shall mean the document issued by the inspector or the inspection agency nominated by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection. 2.11 "GUARANTEE PERIOD" or" WARRANTY PERIOD" shall mean the period during which the Contractor shall remain liable without any extra cost to the Purchaser for repair, replace or rectify any defective part or performance of the Stores supplied under the Contract. 2.12 "BID" shall mean and include offer and quotation. 2.13 "PERFORMANCE TEST" shall mean all operational checks and tests required to determine the performance parameters including inter-alia capacity, efficiency and operating characteristics of the Stores as specified in the Contract. 2.14 "ACCEPTANCE” shall mean and deemed to include one or more of the following as stipulated in the tender: a) the written acceptance of stores by the Inspector at Contractor's works to ship the materials; b) acceptance of the stores at Purchaser's Site Stores after its receipt and due inspection and release of Material Receipt Voucher. Where the scope of the Contract is only supply, the acceptance should be completed within 75 (seventy five) days from the date of receipt of Stores at Purchaser's Site subject to Contractor meeting the requirements stipulated in the Contract. c) Where the scope of the Contract includes supply, erection and commissioning, acceptance shall mean issue of necessary Material Receipt Voucher after commissioning and final acceptance of Equipment, Machinery and Instrument etc. which should be completed within 75 (seventy five) days from the date of commissioning of the Stores at Purchaser's Site subject to Contractor meeting the requirements stipulated in the Contract. 3
Control 3Control shall include the right to appoint majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements; i. In case of a partnership firm, the beneficial owner is the natural person(s)· who, whether acting alone or together, or through one or more juridical person, has ownership of entitlement to more than fifteen percent of capital or profits of the partnership; ii. In case of an unincorporated association or body of individuals, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has ownership of or entitlement to more than fifteen percent of the property or capital or profits of such association or body of individuals; iii. Where no natural person is identified under (i) or (ii) above, the beneficial owner is the relevant natural person who holds the position of senior managing official; iv. In case of a trust, the identification of beneficial owner(s) shall include identification of the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and any other natural person exercising ultimate effective control over the trust through a chain of control or ownership. v. An Agent is a person employed to do any act for another, or to represent another in dealings with third person. vi. The successful bidder shall not be allowed to sub-contract works to any contractor or agency from a country which shares a land border with India unless such contractor is registered with the Competent Authority. vii. The bidder and OEM must submit an undertaking (format enclosed in the Annexure – XV of RfP) along with the Eligibility criteria and Technical bid duly signed by authorized signatory. 4.18.
Controlling ownership interest 3Controlling ownership interest means ownership of or entitlement to more than twenty-five per cent. of shares or capital or profits of the company; b. "Control" shall include the right to appoint majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements; i. In case of a partnership firm, the beneficial owner is the natural person(s)· who, whether acting alone or together, or through one or more juridical person, has ownership of entitlement to more than fifteen percent of capital or profits of the partnership; ii. In case of an unincorporated association or body of individuals, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has ownership of or entitlement to more than fifteen percent of the property or capital or profits of such association or body of individuals; iii. Where no natural person is identified under (i) or (ii) above, the beneficial owner is the relevant natural person who holds the position of senior managing official; iv. In case of a trust, the identification of beneficial owner(s) shall include identification of the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and any other natural person exercising ultimate effective control over the trust through a chain of control or ownership. v. An Agent is a person employed to do any act for another, or to represent another in dealings with third person. vi. The successful bidder shall not be allowed to sub-contract works to any contractor or agency from a country which shares a land border with India unless such contractor is registered with the Competent Authority. vii. The bidder and OEM must submit an undertaking (format enclosed in the Annexure – XV of RfP) along with the Eligibility criteria and Technical bid duly signed by authorized signatory. 4.18.
Net Prices 3Net Prices If in arriving at the contract amount, the contractor shall have added to or deducted from the total of the items in the tender any sum, either as a percentage or otherwise, then the net price of any item in the tender shall be the sum arrived at by adding to or deducting from the actual figure appearing in the Tender as the price of that item a similar percentage or proportion of the sum so added or deducted by the Contractor the total amount of any Prime Cost items and provisional sums of money shall be deducted from the total amount of the Tender. The expression "net rates" or "net prices" when used with reference to the contract or accounts shall be held to mean rates or prices so arrived at. (h) " The works" Shall mean “Comprehensive Annual Maintenance Contract for Maintenance of Standalone AC units at Bank’s Main Office Building in Chennai”as provided herein. Word importing persons include firms and corporations. Word importing the singular only also includes the plural and vice-versa where the context requires. 5.2
PARTIES 3PARTIES to the Contract are the Contractor named in the Contract and the Purchaser. 2.7 "CONTRACTOR” shall mean firm or company with whom or with which the order for the supply of Stores is placed and shall be deemed to include the Contractor’s legal successors and/or assignees (approved by the Purchaser), representatives, heirs, executors and administrators unless excluded by the Contract. 2.8 "STORES” shall mean and include what the Contractor agreed to supply under the Contract as specified in the Contract and shall include inter-xxxx xxxxx and materials, equipment, machinery, components, instruments, appliances, accessories and plant 2.9 “CONTRACT” or "PURCHASE ORDER” shall mean the communication or document signed for and on behalf of the Purchaser by an Officer duly authorised confirming the acceptance for and on behalf of the Purchaser on the terms and conditions mentioned or referred to in the said communication or document including all attachments and appendices thereto while accepting the Tender or Offer of the Contractor for supply of Stores and any subsequent amendments thereto made on the basis of mutual agreement. 2.10 "SHIPPING RELEASE" shall mean the document issued by the inspector or the inspection agency nominated by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection. 2.11 "GUARANTEE PERIOD" or" WARRANTY PERIOD" shall mean the period during which the Contractor shall remain liable without any extra cost to the Purchaser for repair, replace or rectify any defective part or performance of the Stores supplied under the Contract. 2.12 "BID" shall mean and include offer and quotation. 2.13 "PERFORMANCE TEST" shall mean all operational checks and tests required to determine the performance parameters including inter-alia capacity, efficiency and operating characteristics of the Stores as specified in the Contract. 2.14 "ACCEPTANCE” shall mean and deemed to include one or more of the following as stipulated in the tender: a) the written acceptance of stores by the Inspector at Contractor's works to ship the materials; b) acceptance of the stores at Purchaser's Site Stores after its receipt and due inspection and release of Material Receipt Voucher. Where the scope of the Contract is only supply, the acceptance should be completed within 75 (seventy five) days from the date of receipt of Stores at Purchaser's Site subject to Contractor meeting the requirements stipulated in the Contract. c) Where the scope of the Contract includes supply, erection and commissioning, acceptance shall mean issue of necessary Material Receipt Voucher after commissioning and final acceptance of Equipment, Machinery and Instrument etc. which should be completed within 75 (seventy five) days from the date of commissioning of the Stores at Purchaser's Site subject to Contractor meeting the requirements stipulated in the Contract. 3
Site 3Site means the site of the Contract Works including common peripheral area thereon and any other land (inclusively) as aforesaid allotted by the Bank for the Contractor’s use. (d) “This Contract” Shall mean the Articles of Agreement, the Special Conditions, the Conditions, the Appendix, the Schedule of Quantities and Specifications, etc. attached hereto and duly signed. (e) “Tender” E-Tender being followed by xxxxx://xxx.xxxxxxxxxxxxx.xxx (f) “Bank’s Officer/Caretaker” The term “Bank’s Officer/Caretaker” shall mean the person appointed and paid by the Bank to inspect the works. The Contractor shall afford the Bank’s Officer/Caretaker every facility and assistance for inspecting the works. Neither the Bank’s Officer/Caretaker nor any representative of the Bank shall have power to set out works or to revoke, alter, enlarge or relax any requirements of the Contract, or to sanction any day work, additions, alterations, deviations, or omissions, or any extra work whatever, except in so far as such authority may be specifically conferred by a written order of the Bank’s Officer with the prior concurrence in writing of the Bank. The Bank’s Officer/Caretaker or any representative of the Bank shall have power to give notice to the Contractor or his representative of non-approval of any work or materials and such work shall be suspended or the use of such materials shall be discontinued. (g) “Notice in writing” written notice shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address to have been received when in the ordinary course of post it would have been delivered. (h) “Act of Insolvency” Shall mean any Act of Insolvency as defined by the Presidency Towns Insolvency Act or the Provincial Insolvency Act or any Act amending such original. (i) “The works” Shall mean the Annual Maintenance Contract for Housekeeping/ Cleaning & Sweeping at Office Building, Common & Peripheral Areas of RBI Kohima as provided herein. Section-D ई-िनिवदा के संबंध म� मह�पूण� िनद�श / Important Instructions Regarding E-tender बोली प्र�ुत करने वाले लोगों से अनुरोध है िक वे अपनी ऑनलाइन िनिवदा प्र�ुत करने से पहले इस िनिवदा के िनयम और शतfi को पढ़ ल�। Bidders are requested to read the important instruction on e-tendering process as given below and the Terms & Conditions of this tender given in subsequent pages before submitting your online tender. 1
The Bank 3The Bank or “SIDBI” or “Buyer” means Small Industries Development Bank of India h. “RFP” or “RfP” or “Tender” or “Bid document” means the ‘Request for Proposal document’ i. “Bid” or “Offer” means the written reply or submission of response to this RfP by a bidder. j. “Consultant” or “Consulting Agency” or “Bidder” or “Seller” means the respondent to the RfP document. k. ‘Local currency’ means the Indian Rupees; l. “Member”, in case the Consulting Agency consist of a joint venture of more than one entity, means any of these entities, and “Members” means all of these entities; m. “Party’ means the SIDBI or the Consulting Agency, as the case may be, and Parties means both of them; n. “Personnel” means persons hired by the Consulting Agency as Employees and assigned to the performance of the Services or any part thereof; and ‘key personnel’ means the personnel referred to in Clause 8.4.2 (a). o. "Services" and/or “Deliverables” means the work to be performed by the Consulting Agency pursuant to his/her contract, as described in Appendix A hereto. The scope of work will be strictly as given in various Clauses in TOR. The approach and methodology to be adopted by the Consulting Agency for carrying out the assignment may be modified depending after mutual discussions with SIDBI. The work plan as indicated by the Consulting Agency may also get modified accordingly. p. “Vendor” or “Shortlisted Bidder” is one who is found eligible as per eligibility criteria set out in this RfP, whose technical Bid has been accepted and who has emerged as successful bidder as per the selection criteria set out in the RfP and to whom notification of award / / notification of selection of technical evaluation / LoI / Purchase Order has been given by the Bank. q. “Order value” means value of purchase order placed by the Bank on the bidder/selected bidder under this project for the full and proper performance of its contractual obligations; r. "Third Party" means any person or entity other than the SIDBI and the Consulting Agency 8.1.2.