INDIA TOURISM DEVELOPMENT CORPORATION

OFFICE OF DEPUTY GENERAL MANAGER (E&M), 3 FLOOR ASHOK HOTEL, 50 B, CHANKYAPURI, NEW DELHI-110021
RD

Expression of Interest
EOI (Expression Of Interest) for Appointment of Energy Saving Companies (ESCOs) for conducting Detailed Energy Audit (DEA) & implementation of DEA report of Air Conditioning System, Ashok Hotel, New Delhi on build, own and operate basis. Before submitting EOI document, the Bidders are requested to read the EOI Document carefully. Incomplete EOI Document which does not conform to the EOI requirement will not be accepted. For overview of bidding terms & condition and suggested formats please visit our website www.theashokgroup.com. Interested parties who meet the criteria may furnish EOI Document complete in all respect as per the instructions contained therein. The enclosed document must reach us -well before closing time by 15.00 Hrs on 15-10-2013.

Dy. Gen. Mgr. (E&M), Hotel Ashok, 50-B Chanakyapuri, New Delhi-110021

INDIA TOURISM DEVELOPMENT CORPORATION

OFFICE OF DEPUTY GENERAL MANAGER (E&M), 3 FLOOR ASHOK HOTEL, 50 B, CHANKYAPURI, NEW DELHI-110021
RD

INDEX
Section Annexure -1 Section I Section II Section III Section IV Section V Section VI Section VII Section VIII Annexure 2 Annexure - 3 Title Check List Notice Inviting EOI Terms and Conditions Integrity Pact Bid Form Certificate Relationship Certificate Letter of Authorization for attending Bid Opening Form of Bank Guarantee in lieu of security deposit Format for Information about similar works Financial Bid Form Page No.

Dy. Gen. Mgr. (E&M), Hotel Ashok, 50B, 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: Ashok Hotel, Chanakya Puri, New Delhi Sl. Documents Enclosed Yes/ Document placed No. No at / Page No. 1 Application Fee of Rs. 1000(non-refundable). 2 EMD in the form of DD for Rs. 1,00,000/-(refundable) 3 Complete EOI document duly signed in token of acceptance 4 Proof of having the services of Certified Energy Auditor of Bureau of Energy Efficiency. 5 Undertaking of the bidder that they will furnish the performance security to the hotel Ashok as per format given or in the form of Bank Demand Draft. 6 Copy of Agreement/MOU with Technical Partner or Original Equipment Manufacturer/Joint Venture Firm, if any 7 Performance/Experience Certificates from the organizations/clients as a proof of having executed work of similar nature satisfactorily as per qualifying criteria. 8 Copy of Valid PAN card. 9 Proof of registration with a Works Contract Tax/VAT bi Service Tax b ii ESI b iii PF C 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 d Information about above works as per format Annexure-2 10.a History and structure of the firm, name of director (S) partners/proprietor with technical staff. b. Audited balance sheets for last THREE years ending 31st march of previous financial year. i. 2009-10 ii. 2010-11 iii. 2011-12 11 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. 12 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.

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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

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Bid Form in Section-IV

Signature of Bidder with Seal

SECTION - I

INDIA TOURISM DEVELOPMENT CORPORATION LTD.

ASHOK HOTEL, 50-B, CHANKYAPURI, NEW DELHI-110021 NOTICE INVITING EXPRESSION OF INTEREST Sealed 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 Ashok Hotel, New Delhi on Build, Own and Operate Basis. Broad details of the hotel are given below
Total area of the plot :85591.36 Sq. Mt. Total covered area of the hotel :77911.20 Sq. Mt. Number of rooms & suits :550+Convention Hall + 10 Restt. + 5 Banquet Halls Electrical load Sanctioned :4462.44 KW Total Connected Load :5189 KVA Installed capacity for air Conditioning:2X500 TR Carrier 19XRV Model + 2X110 TR Carrier (Air Cooled) Total Electrical consumption during 2012-13 :17960164 Units Total Electricity bill during 2012-13 :Rs. 119611500

1. EOI document can be down loaded from website http://tenders.gov.in or www.theashokgroup.com or www.eprocure.gov.in. The EOI should be submitted enclosing the application fee in the form of Demand Draft of Rs. 1000/- in favour of ITDC Ltd Unit: Ashok Hotel, payable in Delhi (non refundable) in a separate sealed Envelope No.1 for the work. 2. Eligibility criteria: The firm can check their eligibility based on the criteria given under Section II (Clause 7). 3. 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. 4. 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.

5. 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. 6. The offer shall be given in EOI format. 7. 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. 8. The EOI shall be accompanied by earnest money of Rs.1,00,000/- only (Refundable). by crossed Bank Draft only issue in favour of India Tourism Development corporation, New Delhi (Unit The Ashok) by State Bank of India or a Nationalized Bank or any scheduled Bank. ALTERNATIVELY, the earnest money can be deposited with ITDC (Unit-The Ashok) cash counter and the EOI shall be accompanied by cash receipt. In case of web site down loading, only bank drafts permitted. 9. The date of sale of EOI is from 18-09-2013 to 14-10-2013 upto 1700 Hrs. The EOI shall be received In Tender Box, at security office at The Ashok, New Delhi up to 1500 hrs on the 15-10-2013 and shall be opened on the same day at 1530 Hrs in the presence of agencies who may be present. Submission of EOI shall be as under: 10. Sealed Envelope super scribed Envelope-I, consisting of Demand draft (non refundable) towards application fee & demand draft towards Earnest Money Deposit of related work. The envelope should be super scribed Envelope 1 along with name of work, Application Fee & EMD. EOI without the earnest money & cost of tender if any will be summarily rejected. 11. Sealed Envelope marked Envelope-II marked as Technical Bid shall contain complete EOI documents and is required as listed, each page duly signed and stamped. The envelope shall be super scribed as Envelope II Technical Bid for the work of Energy Saving Control System in Air Conditioning Plant at Ashok Hotel, New Delhi . 12. A separate sealed envelope marked Envelope-III (As above) should contain the EOI documents (price part) each page duly signed and stamped with prices in the manner specified in this EOI. The envelope shall be super scribed as Envelope-III Financial Bid for the work of Energy Saving Control System in Air Conditioning Plant at Ashok Hotel, New Delhi All the 3 envelopes should be put in a sealed cover super scribed as EOI for Energy Saving Control System in A.C. Plant at Ashok Hotel, New Delhi. 13. Technical bid (Envelope-II) & Financial Bid (Envelope-III) should be submitted in a bound form. 14. On acceptance of EOI bid, the earnest money will be treated as part of the Security. 15. 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. 16. 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. 17. India Tourism Development Corporation Ltd. does not bind them to accept the lowest or any offer or to give any reasons for their decision.

18. 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. 19. 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. 20. 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. 21. This EOI Document shall form part of the Contract Document. 22. The validity of the EOI bid shall be up to 90 days from the date of opening. 23. The use of whitener/ eraser in this EOI is prohibited. If any correction becomes necessary, the same should be done by SCORING OFF originally written rates/figures etc. and then rewriting should be done under initials of person filling the tender. 24. ITDC General Terms and Conditions of Contract forms for Engineering and Architecture works shall also be applicable. 25. Original documents shall be produced as required for cross verifications. 26. 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. 27. 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. 28. 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. Dy. Gen. Mgr. (E&M), Hotel Ashok, 50-B, Chankyapuri, New Delhi-110021

Date: 18/09/2013

SECTION II TERMS AND CONDITIONS 1. INTRODUCTION: Hotel Ashok, New Delhi intends to appoint Energy Saving Companies (ESCOs) for conducting Detailed Energy Audit (DEA) & implementation of DEA report of Air Conditioning System, Ashok Hotel, 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, Ashok Hotel mentioned above by Certified Energy Auditor of Bureau of Energy Efficiency and submits the report with recommendation of technology solution energy saving options for air-conditioning. Recommendation of energy saving options for AC shall be vetted by officer designated for the purpose and decision for implementation of suitable options by Ashok Hotel will be final. 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 Ashok shall not bear any expenditure or make any investment on this score. 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. 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.

b)

c)

d)

e).

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

3.3

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 Ashok Hotel. 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 Ashok Hotel Management and ensure that cost optimization measures implemented mainly on Air Conditioning System, Ashok Hotel , 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 Ashok Hotel management and ESCOs shall ensure that there is no adverse impact advice on working equipments of Ashok Hotel. Ashok 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 Ashok Hotel, New Delhi at discretion of Ashok Hotel, New Delhi with same Terms & Conditions. Ashok Hotel 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. Earnest Money Deposit (EMD): 6.1 EMD of Rs. 1,00,000/- can be paid through Demand Draft from Nationalized/ Scheduled Banks in favour of Hotel Ashok, New Delhi payable at New Delhi. 9

6.2

The EMD is required to protect Ashok Hotel, New Delhi against the risk of bidders conduct, which will warrant the forfeiture of the EMD. The bid without EMD in accordance with Clause-6.1 above shall be rejected by Hotel Ashok, New Delhi being non-responsive at the bid opening stage itself. The EMD will not bear any interest. The EMD of the bidder technically or financially unqualified will be refunded. The successful bidders EMD will be discharged upon the ESCOs acceptance of the appointment and furnishing the performance security. The EMD shall be forfeiteda) 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.

6.3

6.4

6.5

6.6

7. PREPARATION OF BID: The BID prepared by the bidder shall comprise the following documents:Sealed Envelope 1: a) Tender fee in the form of DD for Rs 1,000/- and EMD in the form of Bank Demand Draft for Rs. 1,00,000/- . Sealed Envelope 2: b) Complete EOI documents duly signed & sealed on each page. c) Proof of having the services of Certified Energy/Auditor of Bureau of Energy Efficiency. d) The undertaking of the bidder that they will furnish the performance security to Hotel Ashok. e) Copy of agreement with technical partner for Original Equipment Manufacturer/ Joint Venture/ Technology license (wherever applicable) f) 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:

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Three similar** completed works with demonstrated savings not less than the amount equal to Rs.56.0 lac in a year / Energy saved in 3 Buildings upto 400 TR Capacity Plant OR Two similar** completed works with demonstrated savings not less than the amount equal to Rs.84.0 lac in a year / Energy saved in 2 Buildings upto 600 TR capacity plant OR One similar** completed works with demonstrated savings not less than the amount equal to Rs.112.0 lac in a year / Energy saved in 1 building upto 800 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. 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 previous financial year. 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 signed with seal 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. Check List duly filled in, as per Annexure - I. Any other relevant information considered necessary for successful implementation of the proposed scope of work.

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Sealed Envelope-III: Should contain the EOI documents (price part) each page duly signed and stamped with prices in the manner specified in this EOI. All the 3 envelopes should be put in a sealed cover super scribed as EOI for Energy Saving Control System in A.C. Plant at Ashok Hotel, New Delhi.

8. CLARIFICATION ON EOI DOCUMENT: The prospective bidder, requiring any clarification on EOI documents shall notify Ashok Hotel immediately in writing to Deputy General Manager to the contact address given below:Deputy General Manager (E&M), 3rd floor, Hotel Ashok, 50-B, Chankyapuri, New Delhi-110021 Ashok Hotel shall respond in writing to any request for the clarification of the EOI Documents, which it receives not later than 7 days prior to the date of opening of the EOI. Any clarification issued by Hotel Ashok 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 The bid should be submitted in sealed envelopes and super scribed as EOI for APPOINTMENT OF ESCOs for ASHOK HOTEL, NEW DELHI. 9.2 The envelope containing bid will also bear the name and address of the bidder and should be sealed with the official/personal seal of the bidder and should be addressed to: Deputy General Manager (E&M), 3rd floor, Hotel Ashok, 50B, Chankyapuri, New Delhi-110021. If the bid is not submitted in above manner and in the prescribed format, the same shall be rejected summarily. 9.3 The bidder should drop their EOI in the Tender Box kept at the address mentioned below from 10:00 hrs to 17:00 hrs. on all working days & till 15:00 Hrs on the closing date i.e. 15-10-2013. No acknowledgement will be issued for these submissions. Deputy General Manager, E&M, 3rd Floor, Hotel Ashok, 50-B, Chankyapuri, New Delhi-110021. 12

9.4 Venue of EOI opening: EOI will be opened at 15.30 Hrs on 15-10-2013 at Deputy General Manager (E&M), 3rd Floor, Hotel Ashok, 50-B, Chanakyapuri, New Delhi-110021. If due to administrative reason, the venue & time of bid opening is changed the same will be notified on the website. 9.5 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. 9.6 The bidder should give all the relevant information and should not contradict in any manner. 9.7 The Tender box will be closed immediately after the specified time. Any EOI presented after the sealing of the tender box will not be accepted. 9.8 Hotel Ashok 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 Ashok within 15 days from the date of issue of acceptance offer letter by Hotel Ashok 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 Ashok 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 Ashok for selected bidders will be communicated. The bidder shall, within 7 days of issue of acceptance order of Hotel Ashok, 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.

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13. OPENING AND EVALUATION OF BID: Bid received by the Hotel Ashok 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 Ashok. 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 Ashok 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 Ashok, New Delhi. Furthermore, this EOI confers neither the right nor an expectation on any firm/ company to participate in the proposed project by Hotel Ashok, New Delhi. 14. BENCHMARKING & MODE OF QUANTIFICATION OF SAVINGS: 14.1 Benchmarking: Parameter for the Benchmarking shall be jointly defined by the Hotel Ashok 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 Ashok 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 10 days basis wherein out of 10 days, 9 days shall be on condition and balance 1 day with controller off. Plus savings if any, achieved by Hotel Ashok 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.

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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 Ashok in this regard is final. 15. PAYMENT TERMS: 15.1 Remuneration for the above services payable by Ashok Hotel, 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 Ashok 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 DGM (Ashok Hotel). The claim should be duly certified by the Engineer In charge (Ashok Hotel) 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 Air-conditioning, no remuneration shall be payable for that month. 16.2 If any damage is caused to Ashok Hotel property while conducting energy audit and implementation of its recommendations for guaranteed energy saving or because of any interface arrangement with Ashok Hotel 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 Ashok Hotel, New Delhi.

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18. FORCE MAJEURE: If at anytime, 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 non-performance, 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 the Ashok Hotel 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 Ashok Hotel 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 Ashok Hotel may authorize in writing) after receipt of the default notice from the Ashok Hotel. 20. TERMINATION FOR INSOLVENCY: The Ashok Hotel 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 Ashok Hotel. 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 Ashok Hotel in the bids evaluation, bids comparison or contract award decision may also result in rejection of the bid. 16

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: 24.1 Ashok Hotel 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 in Ashok Hotel 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. 24.3 Ashok Hotel 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. 24.7 Ashok Hotel 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 Ashok Hotel, 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.

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24.11 All equipments like motorized vales, control wiring, atomization system and other related works for energy savings will be borne by ESCOs and nothings to be paid extra. 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 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 18

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 with the 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-OwnOperate basis for 5 years, with no investment from Ashok Hotel. 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.

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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 subcontractors, 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 Ashok 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 20

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 re-enactment 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.

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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 .2012, between, on one hand, the President of India acting through Shr i ., 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 an d 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

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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.

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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.

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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. CORPORATION.

The place of performance and jurisdiction is the seat of the

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. ______________________

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SECTION IV BID FORM To, Deputy General Manager(E&M), 3rd Floor, Ashok Hotel, 50-B, Chankyapuri, New Delhi-21. 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.:.......................................... 26

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 Ashok Hotel, New Delhi. I also declare that to the best of my knowledge, I have not suppressed any facts to Ashok Hotel, 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. : : : : :

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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 ( Tonnes) Saved Amount in a Year (in Lacs)

Signature of bidder with office seal

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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 Ashok Hotel, New Delhi. In case at any stage, it is found that the information given by me is false/ incorrect, Ashok Hotel, 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

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SECTION-VII LETTER OF AUTHORISATION FOR ATTENDING BID OPENING [To reach DGM (E&M), Ashok Hotel, New Delhi before date of bid opening] To, Deputy General Manager, E&M, Ashok Hotel, 50-B, Chankyapuri, New Delhi-21. 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.

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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 In consideration of Hotel Ashok, 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, Ashok Hotel, 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

3.

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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 2011..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).

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Annexure -3 Financial Bid FOR IMPLEMENTATION OF ENERGY EFFICIENCY MEASURES UNDER AN ESCO MODEL AT ASHOK HOTEL IN NEW DELHI-110021 The percentage savings share to be paid to the bidder for five years. Sr. No. Time duration of sharing of Energy Saved ( from the date of completion of installation work) For 5 years Payment as % of actual Energy saved .% (Not to be quoted here) Rate of Service tax applicable & payable extra %

1.

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.

Dy. Gen. Manager (E&M) ASHOK HOTEL, 50-B, CHANAKYAPURI, NEW DELHI 110021 Signature of Contractor with seal.

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INDIA TOURISM DEVELOPMENT CORPORATION LIMITED UNIT: THE ASHOK, NEW DELHI.

Energy Saving Control System in Air Conditioning Plant On Build, Own and Operate Basis

FINANCIAL BID

Dy. Gen. Mgr. (E&M), Hotel Ashok, 50B Chanakya Puri, New Delhi-110021

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Annexure -3 Financial Bid FOR IMPLEMENTATION OF ENERGY EFFICIENCY MEASURES UNDER AN ESCO MODEL AT ASHOK HOTEL IN NEW DELHI-110021 The percentage savings share to be paid to the bidder for five years. Sr. Time duration of sharing of Energy No. Saved ( from the date of completion of installation work) 1. 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.

Dy. Gen. Manager(E&M) ASHOK HOTEL, 50-B, CHANAKYAPURI, NEW DELHI 110021 Signature of Contractor with seal.

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