INDIA TOURISM DEVELOPMENT CORPORATION

LIMITED
UNIT: Hotel Samrat, Chanakyapuri, New Delhi
(GOVERNMENT OF INDIA UNDERTAKING)

TENDER DOCUMENT

NAME OF WORK : Energy Saving Control System in Air Conditioning

Plant at Hotel Samrat, New Delhi

CLIENT:
Samrat Hotel
52-B , Chanakayapuri,
New Delhi-110021
e-tendering Service Provider (ASP)
C1 India Pvt. Ltd.
C104, Sector -2,
Nodia-201301 (U.P)

INDIA TOURISM DEVELOPMENT CORPORATION

OFFICE OF SENIOR MANAGER (E&M),
HOTEL SAMRAT, 50 B, KAUTILYA MARG, CHANKYAPURI,
NEW DELHI-110021
INDEX

Section
Annexure -1
Section I
Section II
Section III
Section IV
Section V
Section VI
Section VII

Title
Check List
Notice Inviting EOI
Terms and Conditions
Integrity Pact
Bid Form
Certificate
Relationship Certificate
Letter of Authorization for attending Bid Opening

Section VIII

Form of Bank Guarantee in lieu of security deposit

Annexure 2

Format for Information about similar works

Annexure - 3

Financial Bid Form

Page No.

Mgr.(E&M),
Hotel Samrat,
50B, Kautilya,Chanakya Puri,
New Delhi-110021

CHECK LIST
Annexure-1
Following documents are submitted with the EOI cum bid. This check list should also be submitted
(duly filled up) with the bid.
Name of the building(s) under Consideration: Hotel Samrat,50B Kautilya Marg, Chanakya Puri, New Delhi.
Sl.
No.
1
2
3
4
5
6
7

8
9
a
bi
b ii
biii
C

d
10.
a
b.

11
12

13
14

15

Documents Enclosed

Yes/
No

Document placed at /
Page No.

Application Fee of Rs. 1000(non-refundable).

EMD for Rs. 1,00,000/-(refundable)
Complete EOI document duly signed in token of acceptance
Proof of having the services of Certified Energy Auditor of Bureau of Energy
Efficiency.
Undertaking of the bidder that they will furnish the performance security to the
Hotel Samrat as per format given or in the form of Bank Demand Draft.
Copy of Agreement/MOU with Technical Partner or Original Equipment
Manufacturer/Joint Venture Firm, if any
Performance/Experience Certificates from the organizations/clients as a proof
of having executed work of similar nature satisfactorily as per qualifying
criteria.
Copy of Valid PAN card.
Proof of registration with
Works Contract Tax/VAT
Service Tax
ESI
PF
Copies of similar works executed in the last three years along with completion
certificates issued by the previous clients showing the nature of work and their
value
Information about above works as per format Annexure-2
History and structure of the firm, name of director (S) partners/proprietor with
technical staff.
Audited balance sheets for last THREE years ending 31st march of financial
year.
i.
2011-12
ii.
2012-13
iii.
2013-14
Latest Bank Solvency Certificate of value not less than 10 Lacs. In any case it
should not be older than 12 months from the last day of issue of this EOI.
An affidavit on stamp paper of Rs.100/- (Non judicial) duly notarized stating
the In case any ambiguity is noticed in the Documents (list out
documents) submitted at any stage, we shall be entirely responsible
and liable for any action as deemed fit under the Law.
Copy of Articles or Memorandum of Association or Partnership Deed or
Proprietorship Deed as the case may be.
The Bidder
(a) Name of the Company
:
(b) Mailing Address
:
(c) Contact Tele No./ Mobile No.
:
(d) Fax No
:
(e) E-mail ID
:
(f) Designated contact person with
:
Details
Bid Form in Section-IV

Signature of Bidder with Seal

SECTION - I
INDIA TOURISM DEVELOPMENT CORPORATION LTD.
HOTEL SAMRAT, 50-B, KAUTILYA MARG, CHANKYAPURI, NEW DELHI-110021
NOTICE INVITING EXPRESSION OF INTEREST
Online EOIs are invited on behalf of India Tourism Development Corporation Ltd., New Delhi for
Appointment of Energy Saving Companies (ESCOs) for conducting Detailed Energy Audit (DEA) &
implementation of DEA report for works at Unit Energy Saving Control System in Air
Conditioning Plant at Hotel Samrat, New Delhi on Build, Own and Operate Basis.
Broad details of the hotel are given below
Total area of the plot
:28069 Sq. Mt.
Total covered area of the hotel
:26370 Sq. Mt.
Number of rooms & suits
:255+3 Party Hall+4 Restaurant
Electrical load Sanctioned
:2325.98 KW
Total Connected Load
:3350 KVA
Installed capacity for air Conditioning: Trane HE:2X570 TR (Water Cooled)-one stand by
Year of commissioning
: 1999
Total Electrical consumption during 2012-13 :2862580 Units
Total Electricity bill during 2012-13 :Rs. 27150881
1. E-tenders (online bids) are invited on behalf of India Tourism Development Copn. Ltd. New
Delhi for Energy Saving Control System in Air Conditioning Plant at Hotel Samrat, New
Delhi for an estimated cost of nil as per terms and conditions indicated in the tender
documents. The estimate however, is given merely as a rough guide.
2. Tender shall be uploaded as per guidelines indicated in e procurement websitehttps://itdc.eproc.in , www.eprocure.gov.in and https://tenders.gov.in. The bidder is
expected to examine all instructions, forms, terms and conditions in the bidding documents.
Failure to furnish all information /documents as asked for in the NIT or submission of a bid
not substantially responsive to the NIT in every respect will be at bidders risk and may result
in rejection of its bid.
3. Tender documents can be downloaded from e-tender portal https://itdc.eproc.in,
www.theashokgroup.com , www.eprocure.gov.in and www.tenders.gov.in . The online bids
will be received up to 3 P.M. till 16.2.2015. The technical bids will be opened on 16.2.2015 at
3.30 PM electronically.
4. The bidders who are desirous of participating in e-tender shall upload their bids in the format
prescribed in the tender document .The bidder should upload the relevant digitally signed
certificated, documents etc after page numbering signed and stamped all the documents and
tender document. The bidder shall sign on all the documents, certificated uploaded by them
owing the responsibility for their correctness/authenticity.
5. The bids are required to be uploaded as per the guidelines indicated for e-procurement as
given as website- https://itdc.eproc.in.
6. In order to participate in the tender, the bidder has to register with e-tendering service
providers M/s C-1 India Pvt. Ltd, C-104, Sector-2, Noida-201301 (UP) on payment of
prescribed annual registration fees the details of which is given in the websitehttps://itdc.eproc.in. The prospective bidder is requested to contact Authorized service
provider M/s C-1 India Pvt. Ltd for any query/ process regarding e-tendering.
7. For any clarification with regard to tender enquiry, you may contact e- tendering helpdesk
nos. + 91 1124307416, +91 11 14366668, +91 9971222700. Intending bidders in their own
interest may approach the e-tendering helpdesk well in advance to ascertain the requirements
to participate in the tender.

8. Minimum system requirement for e-tendering is given below-

COMPUTER SYSTEM REQUIREMENT

Minimum of 512 MB of RAM.
Minimum 1 USB Port.
Window operating system.
DSC
Dongle
driver
should
be
installed
before
logging
in.
Reliable internet connectivity.
Certificate with full chain.
Certificate should not be expired and should be a valid certificate.
OPERATING SYSTEM
Window XP SP3
Window 7
BROWSER VERSION
Internet explorer versions 8.0 or above /Chrome/Mozilla Firefox.
9. The bidders are required to have class -3 digital certificates (if they not have) from the
authorized digital signature issuance company.
10. E- tenders are invited for the subject work Normally contractors whose names are on the
approved list of contractors of PWD/ CPWD/ MES/ Railways/ PSUs (Either with State or
with Central govt.) may be permitted to E- tendering according to their financial category.
However in the present case eligibility criteria is given in the para 06 & 07 (Section II). The
details of items are indicated in the Schedule of work/ quantity upload herewith. The
tenderer should carefully pursue the clauses mentioned as here under before submitting their
tender, require clarification if any, may be sought prior to submission of tender. No request
for clarification will be entertained once the tender is submitted.
11. Eligibility criteria: The firm can check their eligibility based on the criteria given under
Section II (Clause 7).
12. The interested agencies are advised to inspect and examine the site and its surroundings and
satisfy themselves before submitting their tenders as to the nature of the ground and sub-soil,
the form and nature of the site, the means of access to the site, the accommodation they may
require and in general shall themselves obtain all necessary information as to the risk,
contingencies and other circumstances which may influence or effect their tender. An agency
shall be deemed to have full knowledge of the site, whether he inspects it or not and no extra
charges consequent on any misunderstanding or he inspects it or not and no extra charges
consequent on any misunderstanding or otherwise shall be allowed.
The agencies may see the electricity bills of the hotel for the last two years & the installations
viz a viz the conditions before submitting the EOI.
13. Submission of a EOI by an agency implies that he has read this notice and all other contract
documents and has made himself of the scope and specifications of the work to be done and
of the conditions and rates at which stores, tools, plant etc. will be issued to him by the
Corporation and local conditions and other factors bearing on the execution of the work.
14. The agency shall quote in figures as well as in words the %age. Unless the figure is whole
followed by the word 'only' it should invariably be up to two places of decimal.
15. The offer shall be given in EOI format.
16. The EOI for the works shall not be witnessed by an agency/s who himself/ themselves
has/have participated for the same works. Failure to observe this condition shall render the
EOI of the contractor submitting EOI as well as of those witnessing the EOI liable to
rejection.
17. The EOI shall be accompanied by earnest money of Rs.1,00,000/- only (Refundable).
Through online payment through https://itdc.eprocure.in . The cost of money transfer
(including payment gateways commission and tax etc.) has to be borne by the bidder.
18. The date of sale of EOI is from 30-01-2015 to 14-02-2015 Upto 1700 Hrs.

19. On acceptance of EOI bid, the earnest money will be treated as part of the Security.
20. The India Tourism Development Corporation will return the earnest money, where applicable
to every unsuccessful agency/s on production by the bidder of a certificate of the Architect /
Project Engineer that all EOI documents have been returned.
21. An agency shall submit the EOI, who satisfies each and every Condition laid down in this
notice, failing which, the offer will be liable to be rejected.
22. India Tourism Development Corporation Ltd. does not bind them to accept the lowest or any
offer or to give any reasons for their decision.
23. The India Tourism Development Corporation Ltd. reserves to themselves the right of
accepting the whole or any part of the offer and the agency shall be bound to perform the
same at his quoted offer.
24. Sales Tax, VAT or any other tax applicable (Except for Service Tax) in respect of this
contract shall be payable by the contractor and the Corporation will not entertain any claim
whatsoever in this respect.
25. The offer of agency shall be exclusive of service tax which shall be reimbursed separately
(wherever applicable) after receiving claims of the agency duly supported with service tax
deposit challans.
26. This EOI Document shall form part of the Contract Document.
27. The validity of the EOI bid shall be up to 90 days from the date of opening.
28. ITDC General Terms and Conditions of Contract forms for Engineering and Architecture
works shall also be applicable.
29. Original documents shall be produced as required for cross verifications.
30. The contractor shall be solely responsible for complying with all the provisions of EPF,
Miscellaneous Provisions Act 1952 and ESI Act relating to manpower engaged for this
contract and in the event of any liability on ITDC by virtue of its being the Principal
Employer. Due to failure of the contractor to comply with the said Acts the contractor shall
indemnify and reimburse the amount payable by ITDC on this account.
31. The rates of the contractor shall be inclusive of labour cess @ 1% or as applicable and
necessary recovery of labour cess shall made from each RA bill by the ITDC to be deposited
with the labour board of the concerned state. In case the labour board is not established in the
state, recovery made by ITDC on an account of labour cess shall be retained under suspense
and will be deposited with the labour board at the later date as and when the labour board is
established in the state. Labour Cess to be deducted as per ITDC rules, if applicable.
32. Any communication for change of schedule/condition or any information with regards
to this E.O.I will only be displayed on the website & will not be published elsewhere. All
interested agencies/ firms are requested to keep a watch on the website for all updates
regarding this EOI.

For & On Behalf of the

India Tourism Development Corporation Ltd.
Mgr.(E&M),
Hotel Samrat,
50-B, Chankyapuri,
New Delhi-110021

SECTION II
TERMS AND CONDITIONS
1. INTRODUCTION:
Hotel Samrat, New Delhi intends to appoint Energy Saving Companies (ESCOs) for conducting
Detailed Energy Audit (DEA) & implementation of DEA report of Air Conditioning System,Hotel
Samrat, New Delhi on Build, Own and Operate Basis for optimizing energy spends and
implementation of the measure for sustainable savings on electricity spends.
2. SCOPE OF WORK:
a)

To conduct Detailed Energy Audit (DEA) mainly of the Air Conditioning System,Hotel
Samrat mentioned above by Certified Energy Auditor of Bureau of Energy Efficiency and
submits the report with recommendation of technology solution energy saving options for airconditioning.

b)

Recommendation of energy saving options for AC shall be vetted by officer designated for
the purpose and decision for implementation of suitable options by Hotel Samrat will be final.

c)

Implementation of recommendations of Detailed Energy Audit (DEA) report on Build, Own

and Operate (BOO) basis by ESCOs in time bound manner with sharing the actual energy
saving. The firm has to install all the equipments required at their own cost. Hotel Samrat
shall not bear any expenditure or make any investment on this score.

d)

The Energy Saving Control System in A.C. Plant must be installed within three months
from the 7th day after the day of issue of written order to commence the work or from the date
of handing over the site whichever is later.

e). The solution implemented by the ESCO should be such that it is aligned and technically capable
so as to demonstrate the energy savings achieved in a transparent manner as per the
benchmarking process.
3. ELIGIBILITY CRITERIA:
3.1

The bidder must be an individual or an Indian firm practicing as Energy Saving Firm
accredited by BEE.

3.2

The bidder should have valid agreement with the Technology Partner or Original Equipment
Manufacturer/Joint Venture Firm (wherever applicable).

3.3

ESCOs should have the services of Certified Energy Auditor of Bureau of Energy Efficiency.

4. TENURE OF THE ASSIGNMENT:

The Contract Period for the ESCOs appointed shall be for the period of five years including Technical
Support/Up gradation of the equipments installed for energy saving . After expiry of the agreement of
5 years all equipments (in working condition) will be the property of Hotel Samrat.
The contract period will start from the date of completion of installation of Energy Saving Control
System in Air Conditioning Plant.

During this period, the ESCOs shall continue to explore and implement cost optimization measures as
approved by the Hotel Samrat Management and ensure that cost optimization measures implemented
mainly on Air Conditioning System, Hotel Samrat , New Delhi are contributing sustainable saving
and imbibed in system without any Expenditure and compromise on services.
During the course of the assignment, ESCOs shall undertake the initiatives jointly with Hotel Samrat
management and ESCOs shall ensure that there is no adverse impact advice on working equipments
of Hotel Samrat.
Samrat Hotel shall ensure and provide all necessary support to the ESCOs team while on visit to their
office(s) for study and implementation to ensure smooth execution of the assignment and shall make
available the bills, available layout and other information(s) as may be required from time to time.
The scope of the work will be considered for extension in a phased manner in other areas of energy
use of Hotel Samrat, New Delhi at discretion of Hotel Samrat, New Delhi with same Terms &
Conditions. Hotel Samrat reserves the right to carry out the job without routing through appointed
ESCOs.
5. BID VALIDITY:
The bid shall be valid for a period of 90 days from the date of opening of the Financial Bid. An
agreement on non-judicial stamp paper of Rs 100/- is to be made after award of work.
6. Tender cost and Earnest Money Deposit (EMD):
The required tender form cost of Rs. 1000/-(non-refundable) Rupees one thousand rupees only and
Earnest Money deposit of Rs.100000/- (Refundable) (Rupees one lakh only ) needs to be deposited
online as per instructions given in the website- https://itdc.eproc.in No interest will be payable on
EMD. In the case of successful bidder, earnest money deposit will
be adjusted towards the
security deposit or it may be forfeited in case ` the successful bidder refuses
to accept the award
of supply or fails to complete the
required formalities within the specified and
permitted
time The earnest money is
refundable to the unsuccessful bidders .The EMD shall be
The EMD shall be forfeited :a) If a bidder withdraws his bid during the period of validity specified by the ESCOs on the
bid form.
b) In case of a successful bidder, if the bidder fails to accept the order within 15 days of
award of work.
c) If the successful bidder not submitted the Performance Security within 15 days from the
date of award of work.
Tender without EMD will be summarily rejected.
7. PREPARATION OF BID:
The BID prepared by the bidder shall comprise the following documents:a) Complete EOI documents to be digitally singed.
b) Proof of having the services of Certified Energy/Auditor of Bureau of Energy Efficiency.
c) The undertaking of the bidder that they will furnish the performance security to Hotel Samrat.
d) Copy of agreement with technical partner for Original Equipment Manufacturer/ Joint Venture/
Technology license (wherever applicable)
e) Proof of having successfully completed similar works during the last 7 years ending last days of the
month previous to the one in which tenders are invited as per the following:
Three similar** completed works with demonstrated savings not less than the amount equal to
Rs.30.00 lac in a year Alternatively Energy saved in 3 Buildings upto /250 TR Capacity Plant

OR
Two similar** completed works with demonstrated savings not less than the amount equal to
Rs.42.0 lac in a year Alternatively Energy saved in 2 Buildings upto 300 TR capacity plant
OR
One similar** completed works with demonstrated savings not less than the amount equal to
Rs.56.0 lac in a year Alternatively Energy saved in 1 building upto 400 TR capacity plant
Similar** Works means who had installed Energy savings system for mainly Air
Conditioning System in commercial buildings out of which minimum one should be in
Office/Hotel/Hospital Building.
g) Tenderer shall produce a Copy of valid PAN Number.
h) Proof of registration with WORKS CONTRACT TAX/VAT, SERVICE TAX, ESI, and PF.
i) Copies of Similar works executed in the last three years along with completion certificate issued by
previous clients showing the nature of work and their value saved .
j) History and Structure of firm name of director / partners / proprietor with technical staff.
k) Audited balance sheets for last THREE years ending 31st march of financial year (2011-12, 201213, 2013-14).
l) Latest bank solvency certificate from a scheduled bank of value not less than 10 lacs. In any case, it
should not be older than 12 months from the last day of issue of EOI.
All the above certificate / documents shall be submitted by the firm duly digitally signed and should
be duly attested from a Gazetted Officer or an officer in PSE or their C.A.
An affidavit on stamp paper of Rs.100/- (Non judicial) duly notarized stating that In case any
ambiguity is noticed in the Documents (list out documents) submitted at any stage, we shall be
entirely responsible and liable for any action as deemed fit under the Law. Since the mode of
submission of documents through E-tendering the affidavit as specified above shall be considered
valid legally for tender evaluation and the same original affidavit will be submitted by the bidders on
or before opening of the technical bid in the office of Manager (E&M) Hotel Samrat, New Delhi110021
Check List duly filled in, as per Annexure - I.
Any other relevant information considered necessary for successful implementation of the proposed
scope of work.
EOI documents (price part) each page duly digital signed with prices in the manner specified in this
EOI.
8. CLARIFICATION ON EOI DOCUMENT:
The prospective bidder, requiring any clarification on EOI documents shall a pre-bid meeting is
Schedule on----------------at-----------hrs. at the addressed given below:
Manager (E&M),
Hotel Samrat, 50B KautilyaMarg, Chankyapuri,
New Delhi-110021
Hotel Samrat shall respond in writing to any request for the clarification of the EOI Documents. Any
clarification issued by Hotel Samrat shall form an integral part of bid document and it may amount to
an amendment of relative clauses of the bid document and will be informed to all the bidders through
website.

9. PROCEDURE FOR SUBMISSION OF BID:

9.1 If due to unforeseen contingencies, the date of opening is declared as Holiday, the bid shall be
opened on the next working day at the same time and venue without any further notice.
9.2The bidder should give all the relevant information and should not contradict in any manner.
9.3 Hotel Samrat has got the power to alter the date/time of submission of the bids and opening of the
bids at its discretion.
10. PERFORMANCE SECURITY:
The bidder shall furnish total performance guarantee of Rs. 5,00,000/- ( Five Lacs) out of which Rs.
4,00,000/- (Four Lacs) to be furnished to Hotel Samrat within 15 days from the date of issue of
acceptance offer letter by Hotel Samrat and Rs. 1,00,000/- of EMD (already deposited) to be
considered in Performance Guarantee. This performance security will be refunded after the
completion of the Contract Period of five year.
The performance security will be adjusted by Hotel Samrat as compensation for any loss from the
successful bidders failure to complete its obligations under the contract agreement to be executed
after the offer is accepted or any damage done to the installation.
The performance security may be furnished in the form of Bank Demand Draft/ Payment through
RTGS or Bank Guarantee issued by a Nationalized/ Scheduled bank excluding Co-op Banks in the
form provided in this EOI document (Section VIII) valid for the period of contract.
11. ACCEPTANCE OF BID / ISSUE OF APPOINTMENT ORDER:
Acceptance of Hotel Samrat for selected bidders will be communicated. The bidder shall, within 7
days of issue of acceptance order of Hotel Samrat, give his acceptance along with performance
security in conformity with above clause.
12. SIGNING OF CONTRACT:
The issue of a work order shall constitute the award of contract to the selected bidder.
13. OPENING AND EVALUATION OF BID:
Bid received by the Hotel Samrat will be opened in the presence of the bidders representatives who
choose to attend the opening on the date and time specified above. Only the bidders who have
submitted their bid in response to this EOI are permitted to attend the opening of the Bid. The
Financial Bids of Individuals/firms found to meet eligibility criteria only will be evaluated by Hotel
Samrat. The evaluation of financial bids for ranking shall be done on the basis of lowest percentage of
remuneration quoted for the actual energy saved vide Financial Bid for five years inclusive of all non
convictable duties and taxes, if any.
Hotel Samrat reserves the right to accept or reject any or all EOI at any stage of the process and/ or
modify the process or any part thereof at any time without assigning any reason, without assigning
any reason, without any obligation or liability whatsoever.
This EOI does not constitute any form of commitment on the part of Hotel Samrat, New Delhi.
Furthermore, this EOI confers neither the right nor an expectation on any firm/ company to participate
in the proposed project by Hotel Samrat, New Delhi.
14. BENCHMARKING & MODE OF QUANTIFICATION OF SAVINGS:
14.1 Benchmarking:
Parameter for the Benchmarking shall be jointly defined by the Hotel Samrat and ESCOs team based
on load requirement; business need etc. and shall be revised, updated and modified considering
increase/decrease in load from time to time. However, the decision of Hotel Samrat in this regard is
final.

14.2 Mode of Quantification of Saving:

Monthly quantum of savings on electricity spends shall be calculated as detailed below:

Benchmarking shall be carried out for 4 days basis wherein out of 4 days, 3 days shall be on
condition and balance 1 day with controller off.
Plus savings if any, achieved by Hotel Samrat on contract Demand i.e. demand Charges
calculated based on difference in average Demand Charges during six months prior to the
services of Consultants and Demand Charges for the current month.
Plus savings, if any, on improvement in Power Factor calculated based on difference in
average Penalty/Incentives if any, during six months prior to the services of ESCOs.
Any other Incentive/s which support in optimizing Electricity spent except Prompt Payment
Discount shall also be considered for qualification of saving.
In order to demonstrate the energy savings as per this benchmarking process, real time data of
energy usage of air-conditioning with or without the control or energy saving measure should
be recorded and must be used for computing the energy savings.
The proper calculations will be made based on above mentioned benchmarking.

For the purpose of arriving at saving quantification for the contract period of second and subsequent
years, the Electricity spends prior to the implementation of ESCOs services with suitable calibrations
shall be worked out and a benchmark for comparison arrived at in mutual consultation with the firm.
However, the decision of Hotel Samrat in this regard is final.
15. PAYMENT TERMS:
15.1 Remuneration for the above services payable by Hotel Samrat, New Delhi to the consultants
shall be a portion of savings discovered and approved through this EOI.
15.2 Remuneration for the above services shall be paid in quarterly installments based on actual
monthly saving achieved by the Hotel Samrat as per the Clause- 15.1 above.
15.3 The monthly saving shall also be compared with respect to the power consumption and other
factors during the same month of the year prior to entering into this contract. If the saving as such
found to be less calculated saving based on the bench mark, the lesser will be considered for the
purpose of the payment of share of savings.
15.4 During the entire contract period of 5 years, if the quantum of energy savings on AirConditioning as worked in any month is less than 10% from March to November of that year and 5%
from December to February of that year, no remuneration shall be payable for that month. No
payment shall be released if savings are less than 10% or 5% as mentioned above.
The Bill should be submitted in duplicate to respective Mgr. (Hotel Samrat). The claim should be
duly certified by the Engineer In charge (Hotel Samrat) for the savings achieved shall be duly checked
& TDS as admissible will be deducted. While submitting the claim for payment, details of Bank
Account, such as Bank name, Account Number, MICR code and name of the Account Holder should
be given to facilitate the payment through ECS. Service Tax as applicable should be indicated
separately quoting Service Tax Registration Number which shall be reimbursed separately on
submission of documentary proof of remitting with the concerned authority.
16. PENALTY:
16.1 If the ESCOs fail to demonstrate the minimum expected guaranteed Energy Saving on Airconditioning, no remuneration shall be payable for that month.
16.2 If any damage is caused to Hotel Samrat property while conducting energy audit and
implementation of its recommendations for guaranteed energy saving or because of any interface
arrangement with Hotel Samrat system, the ESCOs shall be liable either to make appropriate repairs
either directly or if the ESCOs do not carries out such repairs the same will be have to be
compensated on cost to cost basis by the ESCOs.

17. TRANSFER OF CONTRACT RIGHTS:

The firms shall not transfer at any stage any of its duties, obligations and benefit of the contracts to
any third party. The firms shall not change its constitution or merge with any other entity without the
written consent of Hotel Samrat, New Delhi.
18. FORCE MAJEURE:
If at any time, during the continuance of this contract, the performance in whole or in part by either
party of any obligations under this contract is prevented or delayed by reason of any war, or hostility,
acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemic quarantine
restrictions, strikes, lockouts or acts of God (herein after referred to as events) provided notice of
happenings, of any such eventuality is given by the either party to the other within 21 days from the
date of occurrence thereof, neither party shall be reason of such event be entitled to terminate this
contract nor shall either party have any claim for damages against the other in respect of such nonperformance, or delay in performance under the contract shall be resumed as soon as practicable after
such event, come to an end or cease to exist, and the decision of theHotel Samrat as to whether the
performance have been resumed or not shall be final and conclusive. Further that if the performance
in whole or part of any obligation under this contract prevented or delayed by reasons of any such
event for a period exceeding 60 days, either party may, at its option, terminate the contract.
19. TERMINATION BY DEFAULT:
The Hotel Samrat may, without prejudice to any other remedy for breach of contract by written notice
of default, terminate this contact in whole or in part.
a) If the bidder fails to perform any other obligation(s) under the contract, and
b) If the bidder, in the above circumstances, does not remedy his failure within a period of 15 days (or
such longer period as the Hotel Samrat may authorize in writing) after receipt of the default notice
from the Hotel Samrat.
20. TERMINATION FOR INSOLVENCY:
The Hotel Samrat may, at any time, terminate the contract by giving written notice to the bidder,
without compensation to the bidder, if the bidder becomes unwilling, bankrupt or other insolvent, as
declared by the competent court provided that such, termination will not prejudice or affect any right
action or remedy which has accrued or will accrue thereafter the Hotel Samrat.
23. SUMMARY REJECTION OF BIDS:
23.1 While all the conditions specified in the bid documents are critical and are to be complied,
special attention of bidders is invited to the following clauses of bid documents, non-compliance of
which shall result in outright rejection of bid:
i) Any bid, received late without conclusive proof that it was delivered before the closing time.
ii) Any bid, not accompanied by required earnest money or received with insufficient amount of
EMD.
iii) Any bid received not in accordance with clause 7 of Section-II of the EOI Document.
iv) Any conditional bid.
v) Any bid in which rates have not been quoted in accordance with specified formats/details as
specified in EOI Document.
vi) Any effort by a bidder to influence the Hotel Samrat in the bids evaluation, bids comparison or
contract award decision may also result in rejection of the bid.
vii) Any bid having validity less than 90 days.
23.2 Different firms or companies having any common Partner(s) or Director(s) are not permitted to
quote for more than EOI offer. In case more than one offer is received from such bidders, then all
such offers except with the lowest quote shall be rejected summarily.
23.3 Genuineness of the papers is the responsibility of the bidder, if at any stage it is found that the
papers submitted by the bidder are not in order, the bid or work order issued to the bidder is liable to
be cancelled and further necessary action against the bidder will be taken.

24. OTHER TERMS & CONDITIONS:

24.1Hotel Samrat shall ensure and provide all necessary support to the ESCOs team while in visit
their office(s) for study and implementation to ensure smooth execution of assignment and shall make
available the bills, layout and other information(s) as may be required from time to time.
24.2 The bidder shall furnish full details of equipments including their cost, details of purchase,
warranty etc., installed inHotel Samrat premises at the commencement of the contract and as and
when added. Insurance for such equipments installed are to be born by the ESCOs. Watch & ward,
safety, maintenance etc shall be the responsibility of the agency.
24.3Hotel Samrat representatives shall have the right to inspect and test the equipments as per
prescribed test schedule for their conformity to the specifications.
24.4 The Bidder shall provide training for maintenance staff of the building free of cost wherever
required.
24.5 Any equipment installed for achieving energy saving by ESCOs will be the ESCOs property and
shall have to be supported technically with up gradation due to technology changes within the contract
period.
24.6 The staff engaged by ESCOs for carrying out Electrical Works must be Electrical License
Holder.
24.7Hotel Samrat reserves the right to accept or reject any bid at any time without assigning any
reason.
24.8 This bid does not constitute any form of commitment on the part of Hotel Samrat, New Delhi.
Further more, this bid confers no right on any firm/company to consider their offer for the job. The
offer submitted by firm/company will be considered on its merits.
24.9 While calculating the savings in monetary value, the fixed charges payable to the electricity
supply company shall not be taken into account. For this purpose only the variable charges shall be
taken.
24.10 The ESCOs has to bear the expenses towards traveling, lodging, boarding, conveyance and
laborers etc. for the job.
25. After installation of saving system proper monitoring & proper sealing/locking to be done by
engineer Incharge.
26. TEMPORARY OFFICE STORES ETC.
The contractor shall be allowed to put up his temporary offices stores etc as per designated space by
the Engineers In charge.
Due to constraints of space mentioned above, space allowed for storage of material will be limited and
the contractor shall schedule the delivery of the material and equipment at site keeping in mind these
restraints. Depending upon the exigencies at the site temporary offices, stores etc. may have to moved
or shifted and the contractor shall do so, if so requested by ITDC at no extra cost to the ITDC.
The contractor may be allocated space in the building for his stores, offices etc. depending upon the
availability of the space. Necessary partitions blocking of opening doors etc. shall be provided by the
contractor at his own expenses. The area to be allocated will be decided by ITDC in consultation with
the contractor, but the decision of the ITDC in this regard shall be final and binding. No material or
plants are to be stored inside the building without the prior written consent of the Site Engineer.
27. SITE HAZARD
The contractor shall ensure cleanliness and keep the site free from all debris, hazardous material loose
wire open wired and any other material and avoid damage due negligence.

28. TIME OF COMPLETION

The work for installing equipment for energy saving shall be completed in all respect within 03
month from the 7th day of which ITDC issues written order to commence the work or from the date of
handing over the site whichever is later
29. BYE LAWS AND REGULATIONS
The installation shall be in conformity with the Bye-laws and Regulation of the Local authority
concerned in so far as these become applicable to the installation but if these specification and
drawing call for a higher standard of material and or workmanship than.
30. MANUFACTURES INSTRUCTIONS
Where manufactures have furnished specific instruction relating to the material used in this job
covering points not specifically mentioned in these documents such instructions shall be followed in
all cases subject to approval of the Engineer In charge.
31. QUIET OPERATION AND VIBRATION
All equipment shall operate under all conditions of load without any sound or vibration, which is
objectionable in the opinion of ITDC. In case of moving machinery sound or vibration noticeable
outside the room in which it is installed, or annoying noticeable inside its own room shall be
considered objectionable. Such conditions shall be corrected by the contractor at his own expenses.
32. ACCESSIBILITY
The contractor shall verify the sufficiency of the size of the shafts and opening of clearance in the
cavity walls and suspended ceiling for the proper installation of his ducting piping. His failure to
communicate insufficiency of any of the above shall constitute his acceptance to sufficiency of the
same.
The contractor shall locate all equipment, which must be serviced operated or maintained in fully
accessible positions. The contractor shall make all the necessary repairs and changes at his own
expenses.
33. ELECTRICAL/MECHANICAL INSTALLATION
The electrical/mechanical works shall be carried out by the contractor through qualified technician
under full supervision of the contractor. The installation shall be in total conformity with the
contractor and approved by ITDC equipment shall be connected and tested in the presence of the
authorized representative of the contractor and of ITDC totally satisfactory and full conformity withthe contract specifications and equipment manufacturers instructions. It is clearly understood that the
final responsibility for the sufficiency adequacy and conformity to the contract requirement of the
mechanical installation work for air conditioning services lies solely with the contractor.
34. WATER AND ELECTRICITY
No water & Electricity charges will be deducted from bill.

35. PAYMENT TERMS

The monthly payments to be released on the basis of approved rates/condition w.e.f date of
completion.
36. The project shall be implemented on pure savings share model on Build-Own-Operate basis for 5
years, with no investment from Hotel Samrat.
37. All monitoring, savings & control equipments to be deployed by contractor at their cost.
38. Invoice of savings share and payment collection on monthly basis.

39. The proper report of energy savings to be made as per satisfaction of Engineer In charge.
40. The percentage savings share to be paid to bidder, excluding service tax.
41. In the event of award of work the contractor shall bring all material required for execution of
works along with challan in duplicate indicating reference of work order quantity, specification etc.
And get them checked /verified through security.
42. One copy of challan will be retained with the security department .the original copy will be
stamped and signed by security and will be returned to contractor who wills submit the same along
with the bills for necessary verification and processing for payment. For material brought inside the
hotel without proper challan/security checks, no payment shall be released by the hotel.
43. In case the materials are required to be taken back from the hotel after execution of the work, the
same will be allowed only through proper non returnable gate pass.
44. In the event of award of work, the contractor should submit receipted challans of ESI & EPF,
supported by a photocopy of the passbook showing clearance of cheque in respect of ESI & EPF
challans.
45. LABOUR
The Contractor shall employ labour in sufficient numbers either directly or through sub-contractors,
where such subletting is permitted, to maintain the required rate of progress and of quality to ensure
workmanship of the degree specified in the Contract and to the satisfaction of the Project Engineer.
The Contractor shall not employ in connection with the Works any person who has not completed his
fifteenth year of age.
1. The Contractor shall comply with the provisions of the Payment of Wages Act, 1936, Minimum
Wages Act, 1948, Employers Liability Act, 1938, Workmen's Compensation Act. 1923. Industrial
Disputes Act, 1947, Maternity Benefit Act, 1961 and Mines Act, 1952, The Employees State
Insurance Act, 1948, Safety Code and Labour Welfare Acts, or rules, or any modifications thereof or
any other law relating thereto and rules made there under from time to time.
2. The Contractor shall indemnify the Corporation against any payments to be made under and for
observance of the Regulations aforesaid without prejudice to his right to claim indemnity from his
sub-contractors.
3. Proper gate passes of their employees to be made from security department of Hotel Samrat and
contractor is fully responsible of their employees.
46. ARBITRATION AND LAWS
ARBITRATION
Except where otherwise provided for in the Contract all questions and disputes relating to the meaning
of the specifications. Designs, drawings and instructions herein before mentioned and as to the quality
of workmanship or materials used on the Work or as to any other question, claim right, matter or thing
whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications,
estimates, instructions, orders or these conditions or otherwise concerning the Works, or execution or
failure to execute the same whether arising during the progress of the Work or after the completion or
abandonment thereof shall be referred to the sole arbitration of the Managing Director/Chief Engineer
of the India Tourism Development Corporation or any other person appointed by him. There will be
no objection if the arbitrator so appointed is an employee of India Tourism Development Corporation
and that he had to deal with the matters to which the Contract relates and that in the course of his
duties as such he had expressed views on all of the matters in dispute or difference. The arbitrator to
whom the matter is originally referred being transferred or vacating this office or being unable to act
for any reason, the **Managing Director/Chief Engineer shall appoint another person to act as
arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with
the reference from the stage at which it was left by his predecessor. It is also a term of this Contract
that no person other than a person appointed by the Managing Director/ the Chief Engineer, as
aforesaid should act as Arbitrator and if for any reason, that is not Possible, the matter is not to be
referred to Arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000
(Rupees fifty thousand) and above, the Arbitrator shall give reasons for the award.

Subject as aforesaid the provisions of the Arbitration Act, 1996, or any statutory modification or reenactment thereof and the rules made there under and for the time being in force shall apply to the
Arbitration proceeding under this clause.
It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be
referred to Arbitration under this clause together with the amount or amounts claimed in respect of
each such dispute.
The Arbitrator(s) may from time to time with consent of the parties enlarge the time for making
and publishing the award.
The work under the Contract shall, if reasonably Possible, continue during the Arbitration proceedings
and no payment due or payable to the Contractor shall be withheld on account of such proceedings.
The Arbitrator shall be deemed to have entered on the reference on the date he issues notice to both
the parties fixing the date of the first hearing.
The Arbitrator shall give a separate award in respect of each dispute or difference referred to him.
The venue of Arbitration shall be such place as may be fixed by the Arbitrator in his sole discretion.
The award of the Arbitrator shall be final, conclusive and binding on all parties to this Contract.
47. This Contract shall be governed by the Indian laws for the time being in force and the courts at
New Delhi will have jurisdiction to entertain any dispute or claims availing on the contract.
48. All the licensees, permits and third party approvals necessary to execute the work shall be taken
by the bidder.
49. ITDC shall not be liable for any breach on the part of the bidder.
50. The bidders workmen will make entry/exit from the staff entry gate as per direction of Chief
Security Officer of ITDC. The bidder shall make the arrangement to identify each of workmen at
security point at the time of entering the premises before resuming work and on departure after
completing the work
51. The staff deployed by the bidder shall not loiter or use the public area such as lounge, lawns,
swimming pool, washroom, cloak room etc. Except specific duty area.
52. The bidder shall be solely responsible for due observation, implementation and compliance of
statutory provisions and requirements under various laws as applicable time to time with regard to the
present work.

SECTION - III
PRE CONTRACT INTEGRITY PACT
This pre bid pre contract Agreement (hereinafter called the integrity Pact) is made on .day of
the month of .2015, between, on one hand, the President of India acting through Shri
., Designation of the officer, Ministry/Department, Government of India (hereinafter
called the CORPORATION which expression shall mean and include, unless the context
otherwise requires, his successors in office and assigns) of the First part and
M/s represented by Shri Chief Executive
Officer (hereinafter called Bidder/Seller which expression shall mean and include, unless the
context otherwise requires, his successors and permitted assigns) of the Second Part.
WHERE AS the CORPORATION proposes to procure (Name of the Stores/Equipment/item) and
the bidder/Seller is willing to offer/has offered the stores and
WHERE AS the BIDDER in a private company/public company/Government undertaking/
Partnership expert agency, constituted in accordance with the relevant law in the matter and the
CORPORATION is a Ministry/Department of the Govt. of India/PSU performing its functions on
behalf of the President of India
NOW THEREFORE: To avoid all forms of corruption by following a system that is fair,
transparent and free from any influence/prejudiced dealings prior to, during and subsequent to the
agency of the contract to be entered with a view to:Enabling the CORPORATION to obtain the desired said stores/equipment at a competitive price in
conformity with the defined specifications by avoiding the high cost and the distortionary impact of
corruption on public procurement and
Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure
the contract by providing assurance to them that their competitors will also abstain from bribing and
other corrupt practices and the CORPORATION will commit to prevent corruption, in any form, by
its officials by following transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows :1. Commitments of the CORPORATION:
1.1 The CORPORATION undertakes that no official of the CORPORATION, connected directly
or indirectly with the contract, will demand, take a promise for or accept, directly or through
intermediates, any bribe, consideration, gift reward, favour or any material or Immaterial benefit or
any other advantage from the BIDDER, either for themselves or for any person, organization or
third party related to the contract in exchange for an advantage in the bidding process, bid
evaluation, contracting or implementation process related to the contract.
1.2 The CORPORATION will, during the pre contract stage, treat all BIDDERs alike, and will
provide to all BIDDERs the same information and will not provide any such information to any
particular BIDDER which could afford an advantage to that particular BIDDER in comparison to
other BIDDERs.
All the officials of the CORPORATION will report to the appropriate Government office any
attempted or completed breaches of the above commitments as well as any substantial suspicion of
such a breach.
2. In case any such preceding misconduct on the part official(s) is reported by the Bidder to the
Corporation with full and verifiable facts and the same is prima facie found to be correct by the
CORPORATION, necessary disciplinary proceeding, or any other action as deemed fit, including
criminal proceedings may be initiated by the CORPORATION and such a person shall be debarred
from further dealings delayed to the contract process. In such a case while an enquiry is being
conducted by the CORPORATION the proceedings under the contract would not be stalled.
3. Commitments of BIDDERS:
3. The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair
means and illegal activities during any stage of its bid or during any pre-contract or post contract
stage in order to secure the contract or in furtherance to secure it and in particular commit itself to
the following:3.1 The bidder will not offer, directly or through intermediaries any bribe, gift, consideration,
reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage
or inducement to any official of the CORPORATION, connected directly or indirectly with the
bidding process, or to any person, organization or third party related to the contract in exchange for
any advantage in the bidding, evaluation contracting and implementation of the contract.

3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or,
indirectly any bribe, gift consideration reward, favour, any material or immaterial benefit or other
advantage, commission, fees brokerage or inducement to any official of the CORPORATION or
otherwise in procuring the Contract or forbearing to do or having done any act in relation to the
obtaining or execution of the contract or any other contract with the Government for showing or
forbearing to show favour or disfavor to any person in relation to the contract or any other contract
with the Government.
3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian
BIDDERS shall disclose their foreign principals or associates.
3.4 BIDDERS shall disclose the payments to be made by them to agents/brokers or any other
intermediary, in connection with this bid/contract.
3.5 The BIDDER further confirms and declares to the CORPORATION that the BIDDER is the
original manufacturer/integrator/authorized government sponsored export entity of the defence
stores and has not engaged any individual or firm or company whether Indian or foreign to
intercede, facilitate or in any way to recommend to the CORPORATION or any of its functionaries
whether officially or unofficially to the award of the contact to the BIDDER, nor has any amount
been paid, promised or intended to be paid to any such individual, firm or company in respect of
any such intercession, facilitation or recommendation.
3.6 The BIDDER, either while presenting the bid or during pre contract negotiations or before
signing the contract shall disclose any payments he has made, is commited to or intends to make to
officials of the CORPORATION or their family members, agents, brokers or any other
intermediatries in connection with the contract and the details of services agreed upon for such
payments.
3.7 The BIDDER will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting and
implementation of the contract.
3.8 The BIDDER will not accept any advantages in exchange for any corrupt practice, unfair means
and illegal activities.
3.9 The BIDDER shall not use improperly for purposes of competition or personal gain, or pass on
to others, any information provided by the CORPORATION as part of the business relationship,
regarding plans, technical proposals and business details, including information contained in any
electronic data carrier. The BIDDER also undertakes to exercise due and adequate care any such
information is divulged.
3.10 The BIDDER commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.
3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the
actions mentioned above.
3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the
BIDDER, either directly or indirectly, is a relative of any of the officers of the CORPORATIONS,
or alternatively if any relative of an officer of the CORPORATION or alternatively, if any relative
of an officer of the CORPORATION has financial interest/stake in the BIDDERs firm, the same
shall be disclosed by the BIDDER at the time to filling of tender. The term Relative for this
purpose would be as defined in Section 6 of the Companies Act 1956.
3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings
or transactions, directly or indirectly, with any employee of the CORPORATION.
4. Previous Transgression:
4.1 The BIDDER declares that no previous transgression occurred in the last three years
immediately before signing of this integrity Pact, with any other company in any country in respect
of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any
Government Department in India that could justify BIDDERs exclusion from the tender process.
4.2 The bidder agrees that if it makes incorrect statement on this subject, BIDDER can be
disqualified from the tender process or the contract, If already awarded can be terminated for such
reason.

5. Earnest Money (Security Deposit)

5.1 While submitting commercial bid, the BIDDER shall deposit an amount
(to be specified in RFP) as Earnest Money/Security Deposit, with the
CORPORATION through any of the following instruments:
i. Bank Draft in favour of------------------------------ii. A confirmed guarantee by an Indian Nationalized Bank, promising payment of the guaranteed
sum to the CORPORATION on demand within three working days without any demur whatsoever,
and without seeking any reasons whatsoever. The demand for payment by the CORPORATION
shall be treated as conclusive proof of payment.
iii. Any other mode or through any other instrument (to be specified by the RFP)
5.2 The Earnest Money/Security Deposit shall be valid up to a period of five years or the complete
conclusion of the contractual obligations to the complete satisfaction of both the BIDDER and the
CORPORATION, including warranty period, whichever is later.
5.3 In case of the successful BIDDER a clause would also be incorporated in the Article, pertaining
to Performance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall
be applicable for forfeiture of Performance Bond in case of a decision by the CORPORATION to
forfeit the same without assigning any reason for imposing sanction for violation of this Pact.
5.4 The interest shall be payable by the CORPORATION to the BIDDER on Earnest
Money/Security Deposit for the period of its currency.
6. Sanctions for Violations:
6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on
its behalf (Whether with or without the knowledge of the BIDDER) shall entitle the
CORPORATION to take all or any one of the following actions, wherever required.
i. To immediately call off the pre contract negotiations without assigning any reason or giving any
compensation to the BIDDER. However the proceedings with the other BIDDER(s) would
continue.
ii. The Earnest Money Deposit (in pre contract stage) and/or Security Deposit/Performance Bond
(after the contract is signed) shall stand forfeited either fully or partially, as decided by the
CORPORATION and the CORPORATION shall not be required to assign any reason therefore.
iii. To immediately cancel the contract, if already signed, without giving any compensation to the
BIDDER.
iv. To recover all sums already paid by the CORPORATION, and in case of an Indian BIDDER
with interest thereon at 2% higher than the prevailing Prime Lending, Rate of State Bank of India,
while in case of a BIDDER from a country other than India with interest thereon at 2% higher than
the LIBOR. If any outstanding payment is due to the BIDDER from the CORPORATION in
connection with any other contract for any other stores. Such outstanding payment could also be
utilized recover the aforesaid sum and interest.
v. To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the
BIDDSER, in order to recover the payments, already made by the CORPORATION along with
interest.
vi. To cancel all or any other contracts with the BIDDER. The BIDDER shall be liable to pay
compensation for any loss or damage to the CORPORATION resulting from such
cancellation/rescission and the CORPORATION shall be entitled to deduct the amount so payable
from the money(s) due to the BIDDER.
Vii. To debar the BIDDER from participating in future bidding processes of the Government of
India for a minimum period of five years, which may be further extended at the discretion of the
CORPORATION.
viii. To recover all sums paid in violation of this Pact by BIDDERS(S) to any middleman or agent
or broker with a view to securing the contract.
ix. In cases where irrevocable letters of Credit have been received in respect of any contract signed
by the CORPORATION with the BIDDER , the same shall not be opened.
x. Forfeitures of Performance Bond in case of a decision by the CORPORATION to forfeit the
same without assigning any reason for imposing sanction for violation of this Pact.
6.2 The CORPORATION will be entitled to take all or any of the actions mentioned to para 6.1(i) to
(x) of this pact, also on the Commission by the BIDDER or any one employed by it or acting on its
behalf (whether with or without the knowledge of the BIDDER) of an offence as defined in Chapter
IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute
enacted for prevention of corruption.

6.3 The decision of the CORPORATION to the effect that a breach of the provisions of this Pact
has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the
BIDDER can approach the independent Monitor(s) appointed for the purposes of this Pact.
7. Fall Clause:
7.1 The BIDDER undertakes that it has not supplied/is not supplying similar product/systems or sub
systems at a lower offer than that offered in the present bid in respect of any other
Ministry/Department of the Government of India or PSU and if it is found at any stage that similar
product/systems or subsystems was supplied by the BIDDER to any other Ministry/Department of
the Govt. of India Or PSU at a lower offer, then that very offer, with due allowance for elapsed
time, will be applicable to the present case and the difference in the cost would be refunded by the
BIDDER to the CORPORATION to the CORPORATION, if the contract has already been
concluded.
8. Independent Monitors:
8.1 The CORPORATION has appointed Independent Monitors (hereinafter referred to as Monitors)
for this Pact in consultation with the Central Vigilance Commission (Names and Addresses of the
Monitors to be given).
8.2 The task of the Monitors shall be to review Independently and objectively, whether and to what
extent the parties comply with the obligations under this Pact.
8.3 The Monitors shall not be subject to instructions by the representatives of the parties and
perform their functions neutrally and independently.
8.4 Both the parties accept that the Monitors have the right to access all the documents relating to
the project/procurement, including minutes of meeting.
8.5 As soon as the Monitor notices, or has reason to believes, a violation of this Pact, he will so
inform the Authority designated by the CORPORATION.
8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project
documentation of the CORPORATION including that provided by the BIDDER. The BIDDER
will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The same is applicable to sub contractors. The
Monitor shall be under contractual obligation to treat the information and documents of the
BIDDER/subcontractor(s) with confidentiality.
8.7 The CORPORATION will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an Impact on the
contractual relations between the parties. The parties will offer to the Monitor the option to
participate in such meeting.
8.8 The Monitor will submit a written report to the designated Authority of
CORPORATION/Secretary in the Department/within 8 to 10 weeks from the date of reference or
intimation to him by the CORPORATION/BIDDER and should the occasion arise, submit
proposals for correcting problematic situations.
9. Facilitation of Investigation:
In case of any allegation of violation of any provisions of this Pact or payment of commission, the
CORPORATION or its agencies shall be entitled to examine all the documents including the Books
of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents
in English and shall extend all possible help for the purpose of such examination.
10. Law and Place of Jurisdiction:
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the
CORPORATION.
11. Other Legal Actions:
The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may
follow in accordance with the provisions of the extant law in force relating to any civil or criminal
proceedings

12. Validity:
12.1 The validity of this Integrity Pact shall be from date of its signing and extend up to 5 years or
the complete execution of the contract to the satisfaction of both the CORPORATION and the
BIDDER/Seller, including warranty period, whichever is later. In case BIDDER is unsuccessful,
this Integrity Pact shall expire after six months from the date of the signing of the contract.
12.2 Should one of several provisions of this Pact turn out to be invalid; the reminder of this Pact
shall remain valid. In this case, the parties will strive to come to an agreement to their original
intentions.
13. The parties hereby sign this Integrity Pact at -----------on -----------CORPORATION
Name of the Officer
Designation
Dept./MINISTRY/PSU
Witness
1.____________________
2.____________________

BIDDER
CHIEF EXECUTIVSE OFFICER

Witness
1.______________________
2. ______________________

SECTION IV
BID FORM
To,
Manager (E&M),
Hotel Samrat, 50B KautilyaMarg, Chankyapuri,
New Delhi-110021.
Dear Sir,
1. Having examined the conditions of contract and specification including all clarifications issued by
ITDC after release of this EOI which is hereby duly acknowledged, we, undersigned, offer the
services in conformity with the said conditions of contract and specifications.
2. We undertake, if our Bid is accepted, to commence the service within time frame and complete the
job of the items specified in the contract as per the schedule laid out in the EOI document and submit
the Performance Security Guarantee Bond.
3. We agree to abide by this Bid for a period of 90 days from the date fixed for bid opening and it
shall remain binding upon us and may be accepted at any time before the expiration of that period.
4. Until a formal work order of contract is prepared and executed, this Bid together with your written
acceptance thereof in your notification of award shall constitute a binding contract between us.
5. Bid submitted by us in properly sealed and prepared so as to prevent any subsequent alteration and
replacement.
6. We understand that you are not bound to accept the lowest or any bid you may receive.
7. We certify that we have not been debarred or blacklisted by any Central/ State Govt Deptt. or PSU
or any fully or partially controlled Govt Body
Signature of ESCOs with Seal
(Authorized Signatory)
Name
: ...........................................
Address:................................................
..................................................
Tele No.:.........................................
Mobile No.:...................................
Fax No.:..........................................

SECTION V

CERTIFICATE
I hereby certify that I have read all terms and conditions mentioned in EOI documents
carefully and I abide by all terms and conditions prescribed by Hotel Samrat, New Delhi. I also
declare that to the best of my knowledge, I have not suppressed any facts to Hotel Samrat, New Delhi.
There is no deviation from the terms and conditions of the EOI.
Signature of ESCOs with Seal
(Authorized Signatory)
Full Name
Address
Tele No.
Mobile No.
Fax No. :

:
:
:
:

Annexure-2
Details of Similar Works Completed
(To be filled by Firm)
Sr.
No.

All Similar works

completed. (at least one in
Hotel/Hospital/Office
Building)

Name of
Client

Contact
person with
address and
contact details

Installed Capacity
of AC plant

Saved
Amount in a
Year

( Tonnes)
(in Lacs)

Signature of bidder with office seal

SECTION-VI

RELATIONSHIP CERTIFICATE

I, . S/O /D/O / W/O ,

(in capital letters)

(in capital letters)

hereby certify that none of my relatives are employed in Hotel Samrat, New Delhi. In case at any
stage, it is found that the information given by me is false/ incorrect, Hotel Samrat, New Delhi shall
have the absolute right/ power to take any action as deemed fit without any prior intimation to me.

Name & address of Tenderer with Seal

SECTION-VII
LETTER OF AUTHORISATION FOR ATTENDING BID OPENING
[To reach DGM (E&M),Hotel Samrat, New Delhi before date of bid opening]
To,
Manager (E&M),
Hotel Samrat, 50B KautilyaMarg, Chankyapuri,
New Delhi-110021.
Subject: Authorization for attending/ bid opening on _____________________ (Date) in the EOI
of Appointment of ESCOs for Optimizing Energy Spends and implementation of
measures for sustainable savings on Electricity spends.
Following persons are hereby authorized to attend the bid opening for the tender (EOI)
mentioned above on behalf of ______________________________________________
(Bidder) in order of preference given below.
Name

_________________________

Specimen Signatures

I.

II.
(Alternate Representative)
Signatures of bidder with office seal
Or
Officer authorized to sign the bid
documents on behalf of the bidder.

Note: 1. Only one representative will be permitted to attend bid opening. Alternate
representative will be permitted when regular representative is not able to attend.
2. Permission for entry to the hall where bids are opened may be refused in case
authorization as prescribed above is not received.

SECTION - VIII
Form of Bank Guarantee in lieu of Security Deposit
Individual Contract
To
India Tourism Development Corporation, Scope Complex, Core 8, 6th floor, Lodi Road New
Delhi-110003
1

3.

In consideration of Hotel Samrat, New Delhi, a unit of I.T.D.C (hereinafter called the
Corporation which expression shall unless repugnant to the subject or context include his
successor and assigns) having agreed under the terms and conditions of Contract
No..
Datemade
between .and the corporation in connection with
Appointment of Energy Saving Companies (ESCOs) for conducting Detailed Energy Audit
(DEA) & implementation of DEA report for works at Unit Energy Saving Control System
in Air Conditioning Plant, Hotel Samrat, New Delhi
hereinafter called the said Contract) to accept a Deed of Guarantee as herein provided for
Rs from a Scheduled Bank in lieu of the Security deposit to be made by
the Contractor or in lieu of the deduction to be made from the Contractors bills for the due
fulfillment by the said Contractor on the terms and conditions contained in the said Contract
we, theBank Ltd. ( hereinafter referred to as the said Bank) a
company under the Companies Act, 1956 and having our registered office at
. do hereby undertake and
agree to indemnify and keep indemnified the corporation from time to time to the extent of
Rs.( Rupees..only) against any losses, damage,
cost, charges and expenses caused to or suffered by or that may be caused to or suffered by
the Corporation by reason of any breach or breaches by the said Contractor of any of the
terms and conditions contained in the said Contract and to unconditionally pay the amount
claimed by the Corporation on demand and without demur to the extent aforesaid.
We . Bank Ltd further agree that the corporation shall be the sole
judge of and as to whether said Contractor has committed any breach or breaches of any of
the terms and conditions of the said Contract and the extent of loss, damage, costs, charges
and expenses caused or suffered by or that may be caused or suffered by the Corporation on
account thereof and the decision of the Corporation that the said Contractor has committed
such breach or breaches and as to the amount or amounts of loss, damage, costs, charges and
expenses suffered by or that may be causes to or suffered by the Corporation from time to
time shall be final and binding on us.
We, the said bank, further agree that the Guarantee herein contained shall remain in full force
and effect during the period that would be taken for the performance of the said Contract and
till all the dues of the Corporation under the said Contract by virtue of any of the terms and
conditions governing the said Contract have been fully paid and its claims satisfied or
discharged and till.. Certifies that the terms and conditions of the said
Contract have been fully and properly carried out by the said claim under this Guarantee after
.. years from the date expiry of the defects Liability period as provided in
the said Contract or from the date of cancellation of the said Contract, as the case may be
unless a notice of the claim under this Guarantee has been served on the Bank before the
expiry of the of the said period of .years in which case the same shall be
enforceable against the Bank notwithstanding the fact, that the same is enforced after the
expiry of the said period of .Years.
The Corporation shall have the fullest liberty without effecting in any way the liability of the
Bank under this Guarantee or Indemnity, from time to time to vary any of the terms and
conditions of the said Contract or to extend the time of performance by the said Contractor or
to postpone for any time and from time to time any of the powers exercisable by it against the
said Contractor and either to enforce or forebear from enforcing any of the terms and
conditions governing the said Contract or securities available to the Corporation and the said
Bank shall not released from its liability under these presents any exercise by the Corporation
of the liability with reference to the matters aforesaid or by reason of time being given to the
said Contractor or any other forbearance, act or omission on the part of the corporation or any
indulgence by the Corporation to the said Contractor or any other matter or thing whatsoever
which under the law relating to sureties would but for this provision have the effect of so
releasing the Bank from its such liability.

It shall not be necessary for the Corporation to proceed against the Contractor before
proceeding against the Bank and the Guarantee herein contained shall be enforceable against
the Bank, notwithstanding any security which the Corporation may have obtained or obtain
from the Contractor shall at the time when proceedings are taken against the Bank hereunder
be outstanding or unrealized.
We, the said Bank, lastly undertake not to revoke this Guarantee during its currency except
with the previous consent of the Corporation in writing and agree that any change in the
constitution of the said Contractor or the said Bank shall not discharge our liability hereunder.
Dated this day of 2014..For and on behalf
of the Bank The above Bank Guarantee is accepted by India Tourism Development
Corporation/

For and on behalf of the ITDC.

Of ..
Sd
Dated.
(Name & Designation)

NOTES:
For proprietary concerns
Sri..Son of Resident of...carrying on
Business under the name & style of ..At (Hereinafter called
the said Contractor which expression shall unless the context requires otherwise include his Heirs,
executors, administrators, legal representatives).
For Partnership Concerns.
(a) Sri Son of resident of .......
.
(b) SriSon of Resident of ..
.Carrying on business under the name and style of .
...( hereinafter collectively called the said Contractor
Which expression shall unless the contest requires otherwise include each of them and their
Respective heir, executors, administrators and legal representatives).
For Companies
S/Sri .. a company under the Companies Act, 1956 having its
Registered office at .in the state of (
herein after called the said Contractor which expression shall unless the context requires other wise
shall include 1st successors and assigns).

Annexure -3
Financial Bid
FOR IMPLEMENTATION OF ENERGY EFFICIENCY MEASURES UNDER AN ESCO
MODEL AT Hotel Samrat IN NEW DELHI-110021
The percentage savings share to be paid to the bidder for five years.
Sr.
No.

1.

Time duration of sharing of Energy

Saved
( from the date of completion of
installation work)
For 5 years

Payment as % of actual
Energy saved

Rate of Service tax applicable

& payable extra %

.% (Not to
be quoted here)

Note:
No payment will be made if the minimum savings will be less than 10% per month from March
to Nov. & 5% from Dec to Feb of every year.
Note: TDS as per rules in force will be deducted.

Manager (E&M),
Hotel Samrat, 50B KautilyaMarg, Chankyapuri,
New Delhi-110021.

Signature of Contractor with seal.

INDIA TOURISM DEVELOPMENT CORPORATION LIMITED

UNIT: HOTEL SAMRAT, NEW DELHI.

Energy Saving Control System in Air Conditioning Plant

On
Build, Own and Operate Basis

FINANCIAL BID

Manager (E&M),
Hotel Samrat, 50B KautilyaMarg, Chankyapuri,
New Delhi-110021.

Annexure -3
Financial Bid
FOR IMPLEMENTATION OF ENERGY EFFICIENCY MEASURES UNDER AN ESCO
MODEL AT Hotel Samrat IN NEW DELHI-110021
The percentage savings share to be paid to the bidder for five years.
Sr.
No.

1.

Time duration of sharing of Energy Saved

( from the date of completion of
installation work)
For 5 years

Payment as % of actual
Energy saved

Rate of Service tax

applicable & payable extra
%

..%

..%

Note: No payment will be made if the minimum savings will be less than 10% per month from
March to Nov. & 5% from Dec to Feb of every year.
Note: TDS as per rules in force will be deducted.

Manager (E&M),
Hotel Samrat, 50B KautilyaMarg, Chankyapuri,
New Delhi-110021.

Signature of Contractor with seal.