RFP
RFP
RFP
MMTC Limited invites e-bids (technical and commercial) from eligible vendors for “Hiring of
desktops, laptops, printers, UPS, networking services and onsite service engineers for MMTC
exhibitions at Delhi.”
Earnest Money Rs. 5,000/- (Rupees Five Thousand Only) in form of a DD/PO/Banker’s
Deposit cheque favoring “MMTC Limited” drawn on any ‘Nationalized Bank or
first class Scheduled Bank other than Co-operative bank, payable at
Delhi/New Delhi OR in form of e-payment(NEFT/RTGS) as per details:
“State Bank of India, Branch: SCOPE Complex, Account No.
52142903753, IFSC Code SBIN0020511
or
State Bank of India, CAG Branch, CC Account No.00000010813608375,
IFSC Code SBIN0017313, State Bank of India, CAG II Branch, Parsvnath
Tower, Gole Market, New Delhi.
Payment advice in case of e-payment(EMD) should be attached along with
the Technical bid while uploading tender documents.
Tender Opening 25th Oct ’2018 at 15 30 Hrs at MMTC Limited, Corporate Office at Scope
Complex, Core – 1, Lodhi Institutional area, New Delhi – 110003
Contact Details Ms. Payal Arora, Sr. Manager (Systems)
Phone: 011-24381372/1343
MMTC reserves the right to reject any or all of the bids without assigning any reason and the
decision of MMTC in this regard shall be final.
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1. ELIGIBILITY CRITERIA
i. The bidder company/firm/proprietor should be registered in India.(Documents in support of
Company registration/firm/proprietorship, copy of PAN card and GST registration Number
(GSTIN) with State code should be submitted).
ii. Bidder must have positive net worth/ capital as on 31st March 2017 and 31st March 2018.
(Bidder to provide audited annual report for last two financial years i.e. FY 16-17 and FY 17-
18).
iii. The bidder should submit letter of acceptance of all terms and conditions of the RFP as per
FORM A-2.
iv. Bidder should provide at least one work order for services provided for Hiring of IT
equipments such as desktops, printers, networking, onsite engineers etc. during past three
years (2016/2017/2018).
v. The Bidder should not be black listed or on holiday by any Central Government /State
Government as of date of submission of tender. (Undertaking regarding this should be
provided by the bidder in their letter head duly signed by the Director/Authorized Signatories).
Supporting document(s) to be enclosed for above eligibility criteria or else bids are liable to be
rejected.
2. SCOPE OF WORK
MMTC is organizing Exhibition at Hotel Ashok, New Delhi during the period 01st November, 2018
to 6th November, 2018, where approximately 25 counters will be set up. We require desktops, laptops,
printers and UPS on rent basis and networking services for the setup of approximately a 25 node LAN
network for 6 days of the exhibition. The timings of the exhibition shall be from 9 am to 9 pm. Also,
network and hardware engineers would be required onsite during exhibitions period for support.
Details are as per Annexure-I. The setup has to be done on 31st October, 2018 i.e. one day before
commencement of exhibition.
The bidder may be required to provide services for other exhibitions and venues as decided by
MMTC during the contract period as and when required.
3. CONTRACT PERIOD
The contract period shall be for two years from the date of issuance of work order. The rates shall be
valid for the contract period. Within the contract period, the separate work order shall be issued based
on the actual requirements of the exhibition. The contract may be renewed for further period of one
year on the same terms & conditions and rates at the option of MMTC, subject to satisfactory
performance of contract by the service provider during the contract period.
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TERMS & CONDITIONS
4. DEFINITIONS
(a) “The Purchaser” means MMTC Limited.
(b) “The Bidder” means the company/firm/proprietor who participates in this tender and submits
its bid.
(c) “The Supplier” means the individual or firm supplying the services under the contract.
(d) “The Services” means all the services and/or other materials, which the Supplier is required to
supply to the Purchaser under the contract.
(e) “The Work Order” means the order placed by the Purchaser on the Supplier signed by the
Purchaser including all attachments and appendices thereto and all documents incorporated by
reference therein. The work order shall be deemed as “Contract”.
(f) “The Contract Price” means the price payable to the Supplier under the work order for the full
and proper performance of its contractual obligations.
5. GENERAL
MMTC reserves the right to revise or alter the scope of work before last date and time of closing of
tender. In case the services offered deviates from the scope of services as described in this RFP, the
Bidder should describe unambiguously in what respect and to what extent the services offered by him
differs from MMTC specification even if the deviation is not very material.
6. BID SUBMISSION
The bid shall be submitted in two parts, Technical and commercial bid.
a) TECHNICAL BID
i. Technical bid consists of Form- “A1” & “A2” along with supporting documents.
ii. The technical and commercial bid must be submitted in Electronic Mode on the MMTC E-
Tendering website https://mmtc.abcprocure.com/EPROC/ by the bid submission date and
time.
iii. EMD of Rupees Five thousand only has to be submitted in form of DD or PO or Bankers Cheque
or e-payment mode. EMD in form of DD or PO or Bankers Cheque has to be submitted in
physical latest by 15 00 Hrs on 25th Oct’2018 at MMTC Limited at abovementioned address on
Page 1. Payment advice in case of e-payment(EMD) should be attached while uploading tender
along with the Technical bid. Non-submission of EMD shall result in rejection of bid.
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iv. The Technical bid will be opened in the presence of the authorized representative of the bidder as
per the schedule mentioned above. The person intending to attend the opening should bring
authorization letter for the same from the company.
b) COMMERCIAL BID
For any technical issues difficulties pertaining to the e-Procurement portal bidders are
advised to get in touch with the service providers helpdesk:
i) The bidder shall have valid Class‐III Digital Signature Certificate (DSC) (with signing and
encryption) issued from Licenced Certifying Authorities operating under Root Certifying
Authority of India (RCAI), Controller of Certifying Authorities (CCA) in India. The details of
the License CA’s are available on www.cca.gov.in wherein the details have been mentioned.
ii) The bidders shall be asked to register on the e-portal so as to have a valid user id for accessing
e-tendering/e-auction portal of MMTC.
iii) For minimum system requirements clients/bidders should be asked to refer to home page of the
url https://mmtc.abcprocure.com under tab Downloads/Minimum System Requirement-V2.0.
iv) Internet connectivity and other paraphernalia requirements shall have to be ensured by bidders
themselves. In order to ward-off such contingent situation like internet connectivity failure,
power failure etc., bidders are requested to make all the necessary arrangements / alternatives
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whatever required so that they are able to circumvent such situation and still be able to
participate in the e-Tender / e-Auction successfully. However, the bidders are requested not to
wait till the last moment to quote their bids to avoid any such complex situations. It is to be
noted that neither MMTC LIMITED nor MMTC LIMITED’S SERVICE PROVIDER shall be
responsible for these unforeseen circumstances.
v) Bidders shall be advised to print and save bid submission receipt on submission of bids
The Bidder shall bear all costs associated with the preparation and submission of their bids and
MMTC shall in no case be responsible or liable for such costs regardless of the result of the
bidding process. The Bidder whose bid is not accepted shall not be entitled to claim any cost,
charges and expenses of and incidental to or incurred by him through or in connection with his
submission of bid, even though MMTC may elect to modify/withdraw the RFP.
Any Bidder requiring any clarification of the bid documents may notify MMTC through email only
at payal@mmtclimited.com within seven days of publishing of tender.
MMTC reserves the right to make revisions or amendments to this RFP prior to the closing date of
the bid. Such revisions or amendments shall be announced by an addendum or addenda. In such case,
the addendum shall include an announcement of the new closing date set for the submission of offers,
if any. The bid submitted by the Bidder shall take into account all such amendments/revisions.
11. VALIDITY
The bidders shall hold valid their bids for 90 (Ninety) days from the closing date for the e-bids. In
exceptional circumstances, prior to the expiry of the original bid validity period, MMTC may request
the bidders for a specified extension in the period of validity. The request and the response thereto
shall be made in writing. A bidder may refuse the request for extension without forfeiting his Earnest
Money Deposit (EMD). A bidder agreeing to the request will not be permitted to modify their bid,
but will be required to extend the validity correspondingly.
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OR
1. “State Bank of India, Branch: SCOPE Complex, Account No. 52142903753, IFSC
Code SBIN0020511
or
2. State Bank of India, CAG Branch, CC Account No.00000010813608375, IFSC
Code SBIN0017313, State Bank of India, CAG II Branch, Parsvnath Tower, Gole
Market, New Delhi.
Payment advice in case of e-payment(EMD) should be attached along with the Technical bid
while uploading tender documents.
b) EMD will be refunded to unsuccessful bidders. Also the said earnest money deposit
will be refunded to successful Bidder on signing of the Contract and after submission
and confirmation of Performance Guarantee.
c) No interest will be payable by MMTC on EMD.
d) The EMD may be forfeited by MMTC if a Bidder withdraws his bid during the period
of bid validity or extended bid validity specified above.
e) Should the tender be withdrawn or cancelled by MMTC, which MMTC has right to
cancel any time, EMD will be refunded.
The bidder under MSME/NSIC category as per Govt. Of India Guidelines is exempted from
submission of EMD. The bidder must submit a valid certificate from the authorized issuing
authorities.
Bids received and accepted after fulfilling the terms and conditions of this RFP, will be evaluated to
ascertain the best and lowest evaluated bid in the interest of MMTC.
After technical evaluation, the Commercial Bids of only those technically qualified will be taken up
for further price evaluation.
All technically qualified Bidders shall be invited to attend the opening of commercial bids at MMTC
office. The date of the opening of the Commercial bids would be communicated to the technically
qualified Bidders.
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When deemed necessary, MMTC may enquire for clarifications from the Bidder during bid
evaluation. However, such clarifications furnished by Bidders shall in no way change or cause any
change in the substance of the bid submitted, or price quoted thereof.
MMTC reserves the right to accept or reject any bid and to annul the bidding process and reject all
bids at any time prior to the award of Contract, without thereby incurring any liability to the affected
Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for this
action. MMTC is not bound to accept the lowest or any bid or to assign any reason for non-
acceptance.
All costs and charges related to the bid shall be expressed in Indian Rupees.
In addition to the Bidder being the successful Bidder meeting all eligibility, technical and commercial
criteria, MMTC will also determine to its satisfaction whether the Bidder selected has submitted the
successful responsive bid among the Bidders short listed and is qualified to satisfactorily perform the
Contract. The determination will take into account the Bidders technical, financial and
implementation capabilities. It will be based upon the documentary evidence of the Bidder’s
qualification submitted by the Bidder, as well as such other information as MMTC may deem
necessary and appropriate.
MMTC will award the Contract to the successful Bidder whose bid has been determined to be
substantially responsive and has been determined as the lowest evaluated bid provided further that the
Bidder is determined to be qualified to perform the Contract satisfactorily. The L1 party will be
decided on basis of Total amount (B1) in Form B (Commercial Bid).
b) This will be issued by a scheduled commercial bank other than Co-operative bank or Gramin
bank. The bank must have net worth of at least Rs. 500 crore and capital adequacy ratio of 9%.
c) Keeping in view their net worth/NPS/Profitability, bank Guarantees issued by Nainital Bank
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Ltd and Dhanlaxmi Bank shall also not be accepted.
d) In case of Performance Guarantee from a foreign bank branch situated outside India, the Bank
Guarantee must be issued through any of the Indian Scheduled Commercial Bank, other than co-
operative bank or Gramin bank or Nainital Bank or Dhanlaxmi Bank, preferably in the city where
MMTC’s office is located, fulfilling the criteria of net worth and Capital Adequacy Ratio as above.
e) Performance Guarantee shall be valid until the termination of the contract period. All
expenses, commissions and interests related to issuance and surrendering of the Performance
Guarantee, accrued to the Bank, shall be at the sole cost of the bidder. The bidder, who has caused
and delivered the Performance Guarantee, shall not be entitled to put forth any accrued interests
thereon. The Performance Guarantee amount shall be available, if invoked, at the counters of bank in
New Delhi within banking hours on the date of presentation.
f) Performance Bank Guarantee shall be acceptable only from such Banks who provide
independent confirmation of Performance Bank Guarantee to our Auditors.
Failure of the successful bidder to comply with the above requirements shall constitute a sufficient
ground for the annulment of the award.
g) BG should be in favour of “MMTC Limited, Core-1, SCOPE Complex, New Delhi”. The
BG submitted for this purpose should be issued by Structured Financial Messaging System
(SFMS) enabled scheduled commercial banks through SFMS platform only. The details of
beneficiary for issue of BG under SFMS platform is furnished below. The Bank guarantee is to
be furnished in specified format as given in Annexure II.
******
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GENERAL TERMS AND CONDITIONS OF THE CONTRACT
b) Payment shall be made within 15 days after successful completion of work and after submission
of complete invoices and confirmation of the Bank Guarantee from issuing and zonal branch of the
bank.
c) Bank guarantee drawn on a scheduled commercial bank in favour of MMTC LIMITED for an
amount of (10%) of the contract value should be submitted on receipt of the Work order.
The bidder shall bear all Taxes, Duties, Levies and any other Incidental expenses including boarding
lodging & conveyance for execution of the work order.
a) Delivery of the Services and performance of the activities mentioned in the Contract shall be
made by the Bidder in accordance with the time schedule specified in the Contract and Scope of
Work.
b) Delay by the Bidder in the performance of its obligations shall render the Bidder liable to any or
all of the following sanctions: -
The services to be given at exhibition venue (within Delhi) during the period of exhibition, within the
contract period.
25. INDEMNITY
The supplier irrevocably undertakes & agrees to indemnify and hold harmless purchaser in full, being
unlimited with time against all allegations, claims, actions, suits, demands, damages, losses,
settlements, costs and expenses consequences, liabilities of any kind whatsoever directly/indirectly
arising from or relating to or resulting from the said work or infringement of any rights protected by
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patent registration, design or trademark. In the event of any claim in respect of any alleged breach of
patent, registered design or trademark being made against Purchaser, it shall notify to the Bidder and
Bidder shall at his own expense, either settle any such dispute or conduct any litigation that may arise
there from.
If at any time during the existence of this contract either party is unable to perform in whole or in
part any obligations under this contract because of war, hostility, military operations, civil
commotion, sabotage, quarantine, restrictions, acts of God and acts of Government(including but not
restricted to prohibitions of exports and imports), fires, floods, explosions, epidemics, strikes or any
other labour trouble, embargoes, then the date of fulfillment of any obligations engagement shall be
postponed during the time when such circumstances are operative. Any waiver/extension of time in
respect of the delivery of any part of the project shall not be deemed to be waiver extension of time in
respect of the remaining deliverables. If operations of such circumstances exceed three months either
party will have the right to refuse further performance of the contract in which case neither party shall
have the right to claim eventual damages.
The party which is unable to fulfill its obligations under the present contract must within 15 days of
occurrence of any of the causes mentioned in this clause shall inform the other party of the existence
or termination of circumstances preventing the performance of the contract. Certificate issued by
Chamber of Commerce or any other Competent Authority connected with the case shall be sufficient
proof of the existence of the above circumstances and their duration.
(a) Arbitration: Any dispute or difference whatsoever arising between the parties out of or
relating to the construction, meaning, scope, operation or effect of this contract or the validity of the
breach thereof shall be settled by arbitration by a sole arbitrator to be nominated by Chairman and
Managing Director(CMD) of MMTC. The provisions of Arbitration and Conciliation Act -1996 with
its amendments, shall apply to such arbitration proceedings and the award made in pursuance thereof
shall be binding on the parties. The venue of arbitration shall be Delhi. The language of the
arbitration shall be English.
(b) Exclusive Jurisdiction: The parties hereto agree that any matter or issue arising hereunder or
any dispute hereunder shall be subject to the exclusive jurisdiction of the courts of Delhi only.
In case of mergers and acquisitions of Bidder Company, all contractual conditions and obligations
shall automatically get transferred to acquiring company/entity and acquiring company must assume
all the obligations of the contract till the end of the contract period.
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29. FRAUD PREVENTION POLICY
(a) Commitments of Bidder(s) shall be bound to take all measures necessary to prevent Fraud and
Corruption while dealing with MMTC. They agree and undertake to observe the
principles/provisions as laid down in “Fraud Prevention Policy” of MMTC (Full text of which is
available at MMTC) during their participation in the tender process, during the execution of contract
and in any other transactions with MMTC.
(i) The bidder(s)/ shall not directly or through any other person or firms, offer, promise or give or
otherwise allow any of MMTC’s employees any material or other benefit which he/she is not
legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during
the tender process or during the execution of the contract.
(ii) The bidder(s) shall not enter with other bidders into any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices, specifications,
certifications, subsidiary contracts, submission or non-submission of bids or any other actions
to restrict competitiveness or to introduce cartelization in the bidding process.
(iii) The bidder(s) shall not commit or allow any employee of MMTC to commit any offence under
the relevant provisions of IPC/Prevention of Corruption Act, further the bidder(s) will not use
improperly or allow any employee(s) of MMTC, for purposes of competition or personal gain
or pass on the other, any information or documents provided by MMTC as part of the business
relationship, including information contained or transmitted electronically.
(iv) The bidder(s) shall not instigate third persons to commit offences/activities outlined in fraud
prevention policy or be an accessory to such offences.
(v) The bidder(s) if in possession of any information regarding fraud /suspected fraud, hereby
agree and undertake to inform MMTC of same without any delay.
(b) Disqualification from tender process and exclusion from future contracts : If the bidder(s)
before award or during execution has committed a transgression through a violation of Clause above
of “fraud prevention Policy” of MMTC in any other form such as to put their reliability or credibility
in question, MMTC other than taking recourse available under law, shall be entitled to disqualify the
Bidder(s) from undertaking any transaction with MMTC and/or declare the bidder(s)/contractor(s)
ineligible to be awarded a contract either indefinitely or for a stated period of time.
(c) Damages: If MMTC has disqualified the bidder(s) from the tender process prior to the award
or during execution according to clause mentioned above, MMTC shall be entitled to demand and
recover from the contractor liquidated damages or the contract value or the amount equivalent to
Performance Bank Guarantee.
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its obligations under the Agreement or otherwise, come(s) within the ambit of the said policy, MMTC
at its sole discretion reserves the right to suspend/discontinue dealings or take any curative measures
with the agency(s) in accordance with the policy in force.
The timely delivery of the services is essence of the Contract. In the event of successful Bidder’s
failure to perform the Contract, the liquidated damages are payable by the successful Bidder @ 2 %
per week of the contract Price subject to a maximum of 10% of total contract value.
Any sum of money due and payable to the supplier (including security deposit refundable to him)
under this contract may be appropriated by the purchaser or any other person or persons contracting
through the purchaser and set off the same against any claim of the Purchaser or such other person or
persons for payment of a sum of money arising out of this contract or under any other contract made
by the supplier with the Purchaser or such other person or persons contracting through purchaser.
The Purchaser may, without prejudice to any other remedy for breach of purchase order/ work order,
by written notice of default, sent to the supplier, terminate this Purchase order/ work order in whole or
in part:
(i) If the Supplier/service provider fails to deliver any or all of the services within the time
period(s) specified in the work order, or any extension thereof granted by the Purchaser.
(ii) If the Supplier fails to perform any other obligation(s) under the work order; and
(iii) If the Supplier, in either of the above circumstances, does not remedy his failure within a
period of 7 days (or such longer period as the Purchaser may authorize in writing) after receipt
of the default notice from the Purchaser.
(iv) In the event of Purchaser terminates the work order in whole or in part, pursuant to paragraph
21. The Purchaser may proceed, upon such terms and in such manner as it deems appropriate,
services similar to those undelivered and the Supplier shall be liable to the Purchaser for any
excess cost for such similar services. However, the Supplier shall continue performance of the
work order to the extent not terminated.
35. CONFIDENTIALITY
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All documents, information and reports relating to the assignment would be handled and kept strictly
confidential and not to be shared/published/supplied or disseminated in any manner whatsoever to
any third party, except with MMTC’s prior written permission. In this regard supplier has to enter into
Non-Disclosure Agreement with MMTC as per Annexure- IV.
In case of imported supplies, the seller shall be entirely responsible for all taxes, stamp duties, license
fee and other such levies imposed outside the Purchaser’s country (India) and the price indicated in
the contract shall be deemed to be inclusive of all such taxes and duties, unless otherwise specifically
mentioned.
All domestic purchases shall be subject to TDS provisions, if any, as per GST Act. Further Seller /
Vendor shall comply with all the necessary statutory compliances including but not limited to
providing GST invoices, or other documentation as per GST Law relating to the above supply to
MMTC, uploading the details of the invoices, payment of taxes, timely filing of valid statutory returns
for the tax period in the Goods and Services TAX (GST) Portal.
In case, if any Input Tax Credit of GST Act is denied or demand is recovered from MMTC on
account of any act of Seller / Vendor, including but not limited to non-payment of GST Charged and
recovered, non-generation of e-way bill, non-filling of returns non-uploading / improper uploading of
valid invoices raised on MMTC in the returns etc, the Seller /Vendor shall indemnify MMTC in
respect of all claims of tax, penalty and / or interest, loss, damages, costs, expenses and liability that
may arise due to such non-compliance. Such amount shall be recovered from any payment due to the
Seller /Vendor or from Security Deposit or any other amount available with MMTC in the same or in
other contracts including future contracts.
If any tax has been paid by the Seller in pursuance of any demand on account of suppression, fraud or
willful misstatement of facts, then the same shall not be passed on to MMTC through Debit Notes or
invoices or supplementary invoices.”
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TECHNICAL BID
FORM A-1
ELIGIBILITY CRITERIA
(iv) Bidder should provide at least one work order for services
provided for Hiring of IT equipments such as desktops,
printers, networking, onsite engineers etc. during past three
years (2016/2017/2018).
Supporting document (s) to be enclosed for above eligibility criteria or else bids are liable to be
rejected.
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FORM A-2
To,
Sr.Manager(Systems)
MMTC Limited,
Scope Complex
7 Lodhi Road
New Delhi -110003
Signature:
Name:
Designation:
Company/Firm:
Date:
Place:
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COMMERCIAL BID
FORM – B
S.N Item Description Amount in INR Qty (Nos) No. of days Total
o (RS. Inclusive of Amount=
all taxes) unit unit rate
rate x Qty x
No. of days
1. Desktop on Rent (Per day per 25 6
unit)
2. Laptop on Rent (Per day per 5 6
unit)
3. UPS on Rent (Per day per unit) 25 6
4. Mono Laser Printer with 25 6
cartridge (Per unit)
5. Replacement cartridges(per 25* 1
unit)
6. RJ45 Connector Box on 1* 1
purchase basis (Per box of 100
pcs)
7. AMP Cat 5e Cable Box on 1* 1
purchase basis ( per box of 305
meters)
8. Site Engineer (2 engineers per 2 6
day)
9 D-Link Switches (24-port) on 10 6
rental basis (Per day per Unit)
TOTAL AMOUNT
*The quantity may vary depending upon the usage. The vendor shall be required to supply on
requirement basis.
Please Note while quoting- The rates quoted above should be strictly as per the format. If there are
any other charges quoted separately the bid will not be considered and may be disqualified.
********
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ANNEXURE – I
S.
No. Item Details
1 Desktops on Rent with minimum configurations :-
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ANNEXURE-II
BG No.
Date
To
MMTC Limited
Core-I, Scope Complex
7, Lodhi Road
New Delhi-110003
1. WHEREAS, MMTC Limited, having its registered office at Core-1, Scope Complex, 7,
Institutional Area, Lodhi Road, New Delhi-110003 India and one of its office at
_______________________ (hereinafter called ‘the MMTC’) have entered into contract No.
___________________________________ dated ________ (hereinafter called ‘the
CONTRACT) for _________________________________________________________ with
M/s ____________________________________ (name) ____________________address
______________________________________________ , (hereinafter called the ‘XX’)
2. AND WHEREAS the ‘XX’ under the contract is required to furnish a Security for the
performance of the CONTRACT and MMTC has agreed to accept the Bank Guarantee in lieu of
security deposit of the said sum of Rs. __________ (10% of the total contract value).
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5. NOTWITHSTANDING anything to the contrary contained hereinabove, liability under the
Guarantee is restricted to Rs. ______________. Our Guarantee shall remain in force until
______________ (______________date).
6. All your rights under the Guarantee shall be forfeited and we shall be relieved and discharged
from all liability thereunder unless a claim under the Guarantee is made on our Bank in writing on
or before _____________ (expiry date).
7. Your Letter of Demand in writing may be presented to the Bank by Registered Post or in person
and the same shall be binding on us.
9. We further agree that MMTC shall have the fullest liberty without our consent and without
effecting in any manner, our obligations hereunder to vary any of the terms and conditions of the
delivery or extend time of performance by the said “XX” from time to time or to postpone for any
time or from time to time, any of the powers exercisable by MMTC against the said “XX” and to
forbear or enforce any part of the terms and conditions relating to the said CONTRACT and we
shall not be relieved from our liability by reason of any such variation or extension being granted
to the said M/s “XX”.
10. The liability of the Bank under this Guarantee shall be discharged on receipt of Rs. ________
only by MMTC.
12. This guarantee will not be discharged due to change in the constitution of the Bank or the said
‘XX’.
13. We have the power to issue this Guarantee in your favour under the Charter of our Bank and the
undersigned has full power to execute this Guarantee under the Power of Attorney granted to him
by the Bank.
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Witness: 1
(Authorised Signatory)
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ANNEXURE-III
(To be executed on a non-judicial stamp paper of Rs.100/- duly notorised by notary public)
That it is further confirmed that in case any further benefit is received by me/us in future by
way of availment of input tax credits which were not allowed to be availed before 1 st July
2017 or reduction in tax rates or in any other manner which results in reduction of cost of the
_______________________ (goods/services) supplied to the MMTC Limited, then I/we will
pass that benefit to the MMTC Limited also.
That we hereby undertake to indemnify MMTC from any tax loss, interest, penalty etc., levied
by the authorities due to my/our delayed return/fault return/delay in deposit of Tax or any
other reason attributable to me/us. That
I_________________________________________________ (Name and designation) am the
authorized person to submit the affidavit on behalf of M/s (Name of the organization).
Deponent.
Verification:
I the above named deponent do hereby solemnly state that the contents of this affidavit are
true to the best of my knowledge and belief and that it conceals nothing material and that no
part of it is false.
Deponent
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ANNEXURE-IV
This Non-Disclosure Agreement (“The Agreement”) is signed at (Venue) on this __________ day of
__________ 2018, by and between ............................. having its registered offices at ______
(hereinafter referred to as “...........” which expression shall include its successors, and assigns which
expression unless it be repugnant to the context or meaning thereof includes its successors,
representatives and permitted assigns) on the one part.
and
MMTC Limited having its registered office at Core-1, SCOPE Complex, 7 Institutional Area, Lodhi
Road, New Delhi-110 003 (“MMTC” which expression unless repugnant to the context or meaning
thereof includes its successors, representatives and assigns) on the other part.
WHEREAS:
B. MMTC is India's leading international trading company, with a turnover of over US$ 5.5
billion. MMTC is the largest non-oil importer in India. MMTC's diverse trade activities
encompass Third Country Trade, Joint Ventures, Link Deals - all modern day tools of
international trading.
C MMTC, pursuant to its Tender dated _______, declared [INSERT NAME] as successful
Bidder for its appointment as ___________________. Pursuant to appointment of [INSERT
NAME] as ___________________________, certain Confidential Information relating to
MMTC’s business may be disclosed by MMTC to [INSERT NAME] which shall be subject to
the terms and conditions contained in this Agreement.
D. Both Parties agrees that the security of IT infrastructure of MMTC is critical and the IT
architecture/environment/reports needs to be analyzed and reviewed to ensure that MMTC’s
IT infrastructure remains secured to the best possible extent. Therefore [INSERT THE NAME]
has agreed to observe and be bound by the restrictions and obligations relating to its use of
such Confidential Information.
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1. DEFINITIONS:
(a) The term "Confidential Information" includes data, reports, drawings, records,
correspondence, notes, compilations, studies, in the form of samples, models and other
information/documentation given or disclosed by MMTC to [please insert the name] or any of
their Representative(s) relating to or in any way connected and relating to any of MMTC’s
business activities actual or proposed, IT Infrastructure, systems, marketing plans, agreements,
methods, techniques, processes, theories, formulas, know-how, techniques, applications,
systems, components, improvements, technology, market projections, sales records, software
programs, test data, customers, customer lists, or any other information relating to MMTC that
[PLEASE INSERT THE NAME] becomes aware of whether or not disclosed by MMTC and
whether such information is in tangible, writing, oral, electronic, printed, human or in machine
readable form, regardless or the media or form transmitted or stored in, or any information
ascertainable by inspection, or any other information designated as Confidential Information
at the time of disclosure.
(b) “Contract” means the Contract for providing ______________________ to be entered into
between MMTC and [INSERT NAME] pursuant to the award letter dated __________
declaring [INSERT NAME] as successful Bidder for its appointment as
____________________.
2.1 MMTC may, from time to time, disclose Confidential Information to [PLEASE INSERT THE
NAME] and/or their Representatives for performance by [PLEASE INSERT THE NAME] of
the Contract entered into between MMTC and [PLEASE INSERT THE NAME].
2.2 The [INSERT NAME] understands and acknowledges that the Confidential Information is
proprietary and confidential information of MMTC which has been created, developed or
obtained by MMTC by investment of significant time, substantial effort and expense. The
Confidential Information is a valuable, special and unique asset of MMTC which gives
significant competitive advantage to MMTC and that protection of Confidential Information is
of the highest importance to MMTC. Therefore [INSERT NAME] acknowledges and
undertake:
(a) to keep the Confidential Information in strict confidence for the entire duration of the
Contract.;
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(b) without the prior written consent of MMTC, [INSERT NAME] shall not disclose Confidential
Information furnished to it to anyone other than its duly authorised representatives expressly
approved by MMTC;
(c) [INSERT NAME] shall procure that its approved Representatives shall not communicate
with any third party, copy, publish, disclose or otherwise deal with any Confidential
Information, otherwise than for the performance of their obligations under the Contract.
(d) In case the Confidential Information is disclosed to any of [INSERT NAME] approved
Representatives, [INSERT NAME] shall further enter into agreements with its
Representatives binding them to the same obligations to which [INSERT NAME] is bound
under this Agreement, and ensure compliance of this Agreement by its approved
Representatives and make them liable for any breach by them of such obligations.
(e) to inform its approved Representatives to whom any Confidential Information may be
disclosed of their obligations of confidentiality pursuant to this Agreement, to ensure
compliance with its terms and to be liable for any breach by them of such obligations; and
(f) to keep separate all Confidential Information from all documents and other records of the
Parties and shall mark all such Confidential Information received from MMTC as
“Confidential”.
(g) the Confidential Information which may be disclosed to [INSERT NAME] will contain
proprietary assets, designs and other intellectual property rights with respect to the MMTC’s
Products which are the exclusive property of MMTC and are critical for the business of the
MMTC and its profitability, [INSERT NAME] agrees not to do anything which may, in any
manner, whether directly or indirectly, affect the above proprietary rights, interest, business
and profitability of MMTC.
(h) The [INSERT NAME] shall not copy or modify any Confidential Information without the
prior written consent of MMTC. Any permitted reproduction of Confidential Information must
contain all confidential or proprietary legends which appear on the original. [INSERT NAME]
shall immediately notify the disclosing party in the event of any loss or unauthorised
disclosure or use of the Confidential Information.
(i) [INSERT NAME] shall notify MMTC promptly of any material unauthorised possession, use
or knowledge, or attempt thereof, of the MMTC’s Confidential Information by any person or
entity other than MMTC and its Authorised Representatives
(j) promptly furnish to MMTC full details of the unauthorised possession, use or knowledge, or
attempt thereof;
(k) use reasonable efforts to assist MMTC in investigating or preventing the recurrence of any
unauthorised possession, use or knowledge, or attempt thereof, of Confidential Information;
(l) use reasonable efforts to cooperate with MMTC in any litigation and investigation against
third parties deemed necessary by MMTC to protect its proprietary rights; and
(m) promptly use all reasonable efforts to prevent a recurrence of any unauthorized
possession, use or knowledge of Confidential Information
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3. The Undertakings in Clause 2 shall not apply to any Confidential Information which:
(a) at the time of its disclosure to [INSERT NAME] is in the public domain;
(b) In the event that [INSERT NAME] is required or requested by any court, legislative or
administrative body to disclose any Confidential Information, then it shall prior to disclosure
promptly notify MMTC or any of its duly authorized representative so that an appropriate
protective order and/or any other action can be taken if possible.
In the event that such protective order is not, or cannot be, obtained, then [INSERT NAME]
may disclose to the appropriate body that portion of the Confidential Information that it is
legally required to disclose and shall use reasonable efforts to obtain assurances that
confidential treatment shall be accorded to the Confidential Information.
4. NO COMMITMENTS, WARRANTIES OR SOLICITATION
(a) The Confidential Information disclosed by MMTC to [INSERT NAME] shall be used by
[INSERT NAME] strictly for the purposes expressly authorised by MMTC.
(b) No representations or warranties, express or implied, are made by MMTC concerning the
accuracy or completeness of the Confidential Information supplied under this Agreement and
neither MMTC nor any of its Representatives shall be liable in any way to [INSERT NAME]
for receipt or use of such Confidential Information and MMTC expressly disclaims any such
liability whether in negligence or otherwise.
(c) MMTC shall not be under any obligation or commitment to enter into discussions or any
further agreement merely by reason of the execution of this Agreement or the disclosure,
evaluation or inspection of Confidential Information, and this Confidentiality Agreement shall
not constitute nor should it be construed to constitute an offer or commitment by MMTC with
regard to the Tender.
(d) MMTC shall not be precluded from entering into any agreement or obligation with any other
party relating to the Agreement or the Confidential Information merely by reason of the
execution of this Agreement or the disclosure, evaluation or inspection of Confidential
Information.
(e) Without prejudice to the generality of the above, nothing herein shall grant to [INSERT
NAME] the right to make representations and/or commitments of any kind on behalf of
MMTC without the prior written consent of MMTC.
(a) Upon the written request of MMTC, the [INSERT NAME] shall return to MMTC all
Confidential Information that is in tangible form (including, without limitation, Confidential
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Information contained on computer disks) furnished, together with any copies or extracts
thereof;. [INSERT NAME] shall also deliver to MMTC written statements signed by the
receiving party certifying that all materials have been returned within fifteen (15) days of
receipt of the request.
(b) Upon specific request by MMTC, [INSERT NAME] shall destroy all analyses,
compilations, drawings, or other documents which have been prepared and which reflect any
Confidential Information.
(a) [INSERT NAME] shall indemnify, defend and hold harmless MMTC against any losses,
liabilities, claims, damages, costs, and expenses including reasonable legal fees and other
expenses and disbursements in connection therewith and interest charges thereon suffered or
incurred by MMTC which arise out of, result from, or may be payable by virtue of any breach
of any representation, warranty, covenant or agreement made or obligation required to be
performed under this Agreement by [INSERT NAME].
(b) [INSERT NAME] acknowledge that damages alone would not be an adequate remedy for
any breach of the terms and conditions of this Agreement and MMTC shall be entitled to the
remedies of injunction, specific performance or other equitable relief. Such remedy shall be in
addition to and not in lieu or limitation of other remedies available to MMTC at law or in
equity.
(c) Failure by MMTC in exercising any right, power or privilege hereunder shall not act as a
waiver, nor shall any single or partial exercise thereof preclude any further exercise of any
right, power or privilege.
7. Relationship of Parties
MMTC has no obligation under this Agreement to purchase any service or item from
[PLEASE INSERT THE NAME], or commercially offer any products using or incorporating
the Confidential Information. This Agreement is intended to facilitate only the exchange of
Confidential Information and is not intended to be, and shall not be construed to create a
teaming agreement, joint venture association, partnership, or other business organization or
agency arrangement and [PLEASE INSERT THE NAME] shall have the authority to bind
MMTC without the separate prior written agreement thereof.
[INSERT THE NAME] recognizes and agrees that, except as expressly and specifically set
forth in this Agreement, nothing herein shall be construed as granting any property right, by
license, implication, estoppels or otherwise, to any of MMTC’s Confidential Information, or
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to any invention or any patent right that has issued or that may issue based on such
Confidential Information. All Information disclosed is provided “as is” without any warranties
of any kind.
9 General Provisions
(a) MMTC has no obligation to supply Confidential Information hereunder and has no obligation
to enter into any Contract with [PLEASE INSERT THE NAME] and it has no right to offer
for sale products or services using or incorporating the Confidential Information.
(b) This Agreement shall not be assigned by [PLEASE INSERT THE NAME], and it shall not
delegate its duties under this Agreement, without prior written consent of the other.
(a) This Agreement shall enter into force on the date first above mentioned and shall remain in
force till the validity of the Contract.
(b) Notwithstanding clause 10 (a) above, MMTC may terminate this Agreement by giving a 30
days prior written notice to the other Party.
(a) Upon termination of this Agreement, [INSERT NAME] shall return all Confidential
Information that is in tangible form (including, without limitation, Confidential Information
contained on computer disks) furnished, together with any copies or extracts thereof; and
(b) Termination will not affect MMTC’s right to claim damages, in case of breach of any of the
terms and conditions of this Agreement by [INSERT NAME] or its Representatives.
(c) [INSERT NAME] shall cease use of any Confidential Information after the termination of this
Agreement. This clause shall survive termination of this Agreement.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter
thereof and supersedes any and all prior communications understandings and agreements between the
parties, whether written, oral, express or implied relating thereto. No amendment or modification to
this Agreement shall be valid unless in writing and signed by a duly authorised Representative of each
of the parties.
i. Arbitration:
Any dispute or difference whatsoever arising between the parties out of or relating to the construction,
meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be
settled by arbitration by a sole arbitrator to be nominated by Chairman and Managing Director(CMD)
of MMTC. The provisions of Arbitration and Conciliation Act -1996 shall apply to such arbitration
proceedings and the award made in pursuance thereof shall be binding on the parties.
The venue of arbitration shall be Delhi. The language of the arbitration shall be English.
The parties hereto agree that any matter or issues arising hereunder or any dispute hereunder shall be
subject to the exclusive jurisdiction of the courts of Delhi only.
15. SEVERABILITY
If any term or provision of this Agreement is found by a court of competent jurisdiction or by a duly
appointed Arbitrator under clause 13 of this Agreement, to be invalid, illegal or otherwise
unenforceable, such term or provision shall not affect the other terms or provisions of this Agreement
or this Agreement as a whole, (which shall continue to remain valid, binding and enforceable by and
against the parties notwithstanding any such finding) but such term or provision shall be deemed
modified or deleted to the extent necessary, to render such term or provision enforceable. Upon such
modification, the rights and obligations of the parties shall be construed and enforced in accordance
with such modification, preserving to the fullest permissible extent the intent and agreements of the
parties set forth in this Agreement.
16. NOTICES
Any notices to be given hereunder by either party to the other shall be in English and sent by
registered post, courier or facsimile to the other party at the addresses stated below:
(a) To,
Payal Arora
Sr. Manager (Systems)
MMTC LIMITED
Core-1, SCOPE Complex,
7 Institutional Area,
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Lodhi Road,
New Delhi-110 003
IN WITNESS WHEREOF this Agreement has been executed by the duly authorized
Representatives of the parties on the day and year first above written.
MMTC LIMITED
Core-1, SCOPE Complex,
7 Institutional Area,
Lodhi Road,
New Delhi-110 003
2. signed and delivered by:
[INSERT NAME]
1. Signature:
Name:
Address:
2. Signature:
Name:
Address:
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