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GOVERNMENT OF INDIA
MINISTRY OF COMMERCE & INDUSTRY
OFFICE OF THE CONTOLLER GENERAL OF PATENTS,
DESIGNS & TRADEMARKS
BOUDHIK SAMPADA BHAWAN,
PLOT NO.32, SECTOR –14, DWARKA,
NEW DELHI -110075
e-mail:[email protected],
Website: www.ipindia.nic.in,
Tele: 011-25300200, Fax : 011-28034301,02
TENDER DOCUMENT FOR
SUPPLY OF IT MANPOWER
(PROGRAMING, NETWORKING ETC.)
AT
VARIOUS OFFICES UNDER
THE CONTROLLER GENERAL OF PATENTS,
DESIGNS & TRADE MARKS
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GOVERNMENT OF INDIA
MINISTRY OF COMMERCE & INDUSTRYOFFICE OF THE CONTOLLER GENERAL OF PATENTS, DESIGNS & TRADEMARKS BOUDHIK SAMPADA BHAWAN,
PLOT NO.32, SECTOR –14, DWARKA, NEW DELHI -110075
E-mail:[email protected], Website:www.ipindia.nic.in,
Tele: 011-25300200, Fax : 011-28034301,02
No. IPO/IT-DIV/Manpower/2016/01 Date: 19/02/2016
NOTICE INVITING TENDER (NIT)
On behalf of The President of India, Controller General of Patents, Designs & Trademarks (CGPDTM) invites open tender under Two Bid System i.e. Technical Bid and Financial Bid from reputed experienced and financially sound Companies/Firms/Agencies for providing experienced IT manpower (Programing, Networking etc.) to various offices under Controller General of Patents, Designs & Trademarks located at the addresses mentioned below for three years from the date of taking up of supply of manpower in pursuance of contract unless extended further by mutual agreement of the CGPDTM and service provider, on the same terms and conditions or otherwise as mentioned in the tender document. The present requirement is given below. However, the number may be increased or decreased on the requirement of the Department.
S. No.
Nature of work EMD Period
of Contra ct Period of Sale of tender document
Last date for submission of Tender Date of opening of Tender
1.
Supply of IT
manpower
(Programing,
Networking etc.)
Rs1,00,000/-
(Rupees One
Lac only)
03
Years
19/02/2016
to
11/03/2016
upto 01.00
PM
11/03/2014
up to 5:00
PM
Technical bid
14/03/2016 at
11:00 AM
Financial bid
15/03/2016 at
3:00 PM
Locations:Intellectual Property office, Delhi
Intellectual Property office, Mumbai
Intellectual Property office, Chennai
Intellectual Property office, Kolkata
Intellectual Property office, Ahmedabad
The tender documents can be purchased from the CASH COUNTER of The Patent Office, Mumbai on a payment of Rs. 1000/- (Non refundable) through cash/ DD drawn in favour of “ Controller of Patents”, Mumbai. The tender documents can also be seen / downloaded by visiting Website: www.ipindia.nic.in or www.tender.gov.in
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TABLE OF CONTENTS
1.
Background and Requirements
2.
Eligibility Criteria
3.
Financial (Tender Fee, EMD & Security Deposit)
4.
Pre Bid Meeting
5.
Bidding Process
6.
Bid Submission
7.
Last date for submission of bids
8.
Opening of bids
9.
Bid validity
10. Scope of work, requirement and general instructions for Bidders
11. Technical requirement for the bidder for “technical bid”
12. Technical requirement for manpower to be deployed by the successful bidder
13. Job profile of technical professionals
14. Criteria for Technical Evaluation
15. General terms and conditions of contract (GTCC)
16. Liabilities control etc. of the persons deployed
17. Legal
18. Force Majeure
19. Arbitration
20. Applicable Law
21. Technical Bid
22. Financial Bid
23. Annexure – A: Acceptance letter by the Tenderer on the letter Head of the company
24. Annexure- B: Undertaking by the Bidder
25. Annexure- C: Contract Agreement
26. Annexure- D: Data Security Certificate
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1.
BACKGROUND & REQUIREMENTS:
The Intellectual Property Office discharges statutory functions under the Patents Act, 1970, the Trade Marks Act, 1999, the Designs Act, 2000 and the Geographical Indications of Goods (Registration and Protection) Act, 1999. The statutory powers are delegated by the Controller General of Patents, Designs and Trade Marks (CGPDTM) to the officers working at different levels in various divisions. To support these Officers, the IP Office engages contractual manpower having varying degrees of skills in IT for development/maintenance/networking/handholding etc. at various levels such as:
Development and maintenance of application software Maintenance of Network/ VPN/LAN/Website
Content management & Preparation Troubleshooting of IT matters Support in application modules
2.
ELIGIBILITY CRITERIA:
Tenders are invited from experienced and reputed Companies/Firms/Agencies for providing IT manpower (Programmers/Networking Engineers etc.) to the office of Controller General of Patents, Designs & Trademarks (CGPDTM) with the eligibility as below:-
1. The bidders must be the agencies offering IT support services and supplying computer professionals for at least three years with an average annual cumulative turnover of at least Rs. 10 crores during the last 3 years (2012-13 to 2014-15). Copies of the balance sheets of last three financial years, duly certified by a Chartered Accountant shall be submitted in support of the requisite turnover.
2. Agencies providing only Data Entry Operators, HR staffing companies, providers of placement and security personnel services and non-IT firms are not eligible for this tender.
3. The bidders must have themselves supported the services and supplied computer professionals to at-least three software projects of value more than 1 Crore. Copies of orders/contracts and completion certificate from the clients should be submitted as supporting documents.
4. The bidder should be ISO 9001:2008, ISO 20000:2011 & ISO 27001 certified company
5. The bidder should be registered with the Service Tax department and shall have a valid PAN from the Income Tax department
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6. The bidder should be registered with the Employees Provident Fund Organization (EPFO) and Employees State Insurance Corporation (ESIC) on the date of bid submission.
7. An undertaking (self-certificate) that the bidder hasn’t been blacklisted by a Central / State Government institution and there has been no litigation with any government department on account of similar services shall be submitted.
Note: The Bidder having CMMi level Certification of 4 or above and ISO 9001:2008, ISO 20000:2011 & ISO 27001 certification may be awarded additional marks in the technical evaluation of the bid. Please refer to “Criteria for Technical Evaluation”
The bidders shall submit the copies of relevant documents to support their eligibility in the Envelope-1 of the tender. The copies of these documents shall be duly attested by the bidder with signature and stamp.
3.
FINANCIAL - (Tender Fee, EMD & Security Deposit)1. The tender documents can be purchased from the CASH COUNTER of The Patent Office, New Delhi on a payment of tender fee of Rs. 1000/- (Non refundable) through cash/ DD drawn in favour of “Controller of Patents”, New Delhi. The tender documents can also be seen / downloaded by visiting Website: www.ipindia.nic.in or www.tender.gov.in
2. The Technical bid should be accompanied with Earnest Money Deposit (EMD), refundable, of Rs. 100,000 (Rupees One Lac only) in the form of Demand Draft/Pay Order drawn in favour of “Controller of Patents” payable at Delhi. Failing which the tender shall be rejected out rightly. 3. All entries in the tender form should be legible and filed clearly. If the space for furnishing
information is insufficient, a separate sheet duly signed by the authorized signatory may be attached. No overwriting or cutting is permitted in the Bid Forms. In such cases, the tender shall be summarily rejected.
4. All bids complete in every respect must reach this office within the last date and time of receipt of bid. No extension shall be allowed for any reason what so ever. Late tenders, Tenders received without Bid security/Earnest Money will be rejected summarily.
5. The EMD in respect of the agencies which do not qualify the Technical Bid (First Stage)/Financial Bid (Second Stage) shall be returned to them without any interest.
6. In case of providing false information or breach of any terms and conditions attached to this contract, the Performance Security Deposit of the agency will be liable to be forfeited by the Department besides annulment of the contract.
7. The agency shall raise the bill, in triplicate, along with attendance sheet and leave record of the persons deployed (duly verified by Controlling Officer) and submit the same to the
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Administrative Officer in the first week of the succeeding month. The bills for payment shall be raised after making payment of salaries to the manpower employed for the preceding month. The payment of salary shall be made on the 1st working day of the succeeding month and the bill raised by the agency shall be supported by evidence of bank account transfer of salaries clearly indicating the amount transferred to each manpower employed.
8. The Competent authority of this Department reserves the right to withdraw/relax any of the terms and conditions mentioned above so as to overcome the problem encountered by the contracting parties.
9.
Tenderer shall also submit attested copy of valid labour license from the Regional Labour Commissioner for specific number required for the contract under Contract Labour (Regulation & Abolition) Act, 1970.4.
PRE BID MEETING:
The intending Bidder, if required, may submit the queries in writing to e-mail at [email protected] (subject: Queries for IT manpower tender) to seek clarifications latest by 02/03/2016. The queries would be taken up in the Pre Bid meeting on 04/03/2016 (02:00 pm) at Office of the Controller General of Patents, Designs & Trade Marks, Boudhik Sampada Bhawan, Antop Hill, S M Road, Mumbai.
5.
BIDDING PROCESS:
5.1.
Bid Submission:The tenders shall be submitted in two separate sealed Envelopes/covers enclosed in a bigger envelop.
ENVELOPE-1:
The Envelope-1 shall contain the followings:
D.D. of Rs.1000/- favouring “Controller of Patents”, Mumbai, as tender fee, if the tender documents are downloaded from website.
Earnest Money Deposit (EMD) as per NIT
Acceptance letter for un-conditional acceptance of tender conditions as per the Proforma given in the Instructions to Tenderers. (Signed and Stamped) Annexure ‘A’
An undertaking affidavit on Stamp Paper of Rs. 10/- as per Annexure ‘B’
Tendering Companies/Firms/Agencies are required to enclose photocopies of the following documents (duly attested) along with the Technical Bid, failing which their bids shall be summarily/out-rightly rejected and will not be considered anyfurther:-Page 7 of 31 1. Registration certificate:
2. Copy of PAN/GIR card.
3. Copy of the IT returns filed for the last three financial years. 4. Copies of the Service tax registration certificate.
Credentials/documents in support of meeting the eligibility criteria as prescribed.
This envelope shall be marked as: Envelope-1: TECHNICAL BID, “EMD”, Acceptance letter (Annexure A), Annexure ‘B’, Signed tender document including NIT, GTCC etc.) NIT No.:
DUE ON:
FROM: (NAME OF THE BIDDER) ENVELOP -2:
Envelop 2 shall contain the following:
Price Bid duly filled in, signed and stamped on each page by the tenderer/ authorized representative of the tenderer.
No cutting or overwriting shall be allowed. In any such cases, the bid shall be treated as CANCELLED AND BIDDER SHALL BE TREATED AS DISQUALIFIED.
This envelope shall be marked as: ENVELOPE-2: PRICE BID for (Name of work as mentioned in NIT “Notice Inviting Tender”)
NIT No. :
DUE ON:
FROM: (NAME OF THE BIDDER)
5.2.
Last Date for Submission of bids:
Both envelopes (1 and 2) shall be placed in a bigger envelope with the mention of Name of work, date and time of submission of bids along with tenderer name and address and to be submitted in the office of The Controller General of Patents, Designs & Trade Marks, Boudhik Sampada Bhawan, Antop Hill, S M Road, Mumbai before last date and time i.e. up to 05.00 PM on 11/03/2016.
Tenders received after the last date shall be summarily rejected and will be returned to the intending tendered in sealed condition.
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The tenderer shall sign and stamp each page of this tender document and all other enclosures appended to it as a token of having read and understood the terms and conditions contained herein and submit the same along with the bid.
Order for arrangement of documents with the Technical Bid: Application- Technical Bid.
Attested copy of the registration of agency. Attested copy of PAN/GIR Card.
Attested copy of the latest IT return filed by the agency. Attested copy of the Service tax registration letter/certificate. Certified document in support of financial turnover of the agency.
Certified documents in support of entries in column 12 and 13 of Technical Bid application. Copy of the terms and conditions in Tender Document with each page duly signed and
sealed by the authorized signatory of the agency in token of their acceptance.
6.
OPENING OF BIDS:The "Technical Bid" will be opened on 14/03/2016 at 11:00 a.m in the presence of the tenderers or/and their representatives at the Office of the Controller General of Patents, Designs & Trade Marks, Boudhik Sampada Bhawan, Antop Hill, S M Road, Mumbai.
“Financial Bid” will be opened on 15/03/2016 at 03:00 p.m., of those bidders who are declared eligible in the technical bid at the Office of the Controller General of Patents, Designs & Trade Marks, Boudhik Sampada Bhawan, Antop Hill, S M Road, Mumbai.
6.1. VALIDITY OF BIDS:
The Bids should be valid for 60 days from the date of opening of tenders.
CGPDTM or any person authorized by him reserves the right to accept/reject any or all the tenders in part or full or divide the work among two or more parties and in such case bidders/intending bidders, shall not have any claim on Office of Controller General of Patents, Designs and Trade Marks.
7. SCOPE OF WORK, REQUIREMENT AND GENERAL INSTRUCTIONS FOR BIDDERS
The contract for supply of above mentioned manpower initially will be given for three years from the date of order issued by this office for supply of IT manpower after selecting the personnel on the basis of test/ interview. The period of the contract may be further extended provided the requirement of the Department for the above manpower persists at that time, or, may be curtailed/ terminated at any time
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before the normal tenure owing to deficiency in service or substandard quality of manpower deployed by the selected Company/Firm/Agency. The Controller General or a personal Authorized by him however, reserves right to terminate this initial contract at any time after giving one-month notice to the selected service providing Company/Firm/Agency.
The Department has initial requirement as mentioned below for IT manpower (Programmers, Networking Engineers etc.) that are well conversant with technologies as specified in the technical qualifications of each manpower. The requirement of the Department may increase or decrease during the initial period of contract also.
Requirement (Tentative may increase / decrease)
Team Leader Data Base administrator Senior Programmer Network Administrator Programmer Web Designer/ Content Manager Content/ Document Writer Network operator cum Field Engineer 5 1 12 1 7 1 2 7 Total=36
Total consolidated emoluments per month for Contractual professional IT manpower support services: S.No Position Team
Leader Database Administ rator Netwo rk Admin istrator Senior Progra mmer Content/ Documen t Writer Web Designer/ Content Manager Progra mmers Network operator cum Field Engineer 1 Amount per month (Rs.) 45000 45000 45000 35000 35000 35000 25000 25000 2 Min. Experience 4+yr 4+yr 4+yr 3+yr 3+yr 3+yr 2+yr 2+yr
3 Annual
Increment(Rs.) 5% of the monthly amount at Sl. No.1 (applicable after 1 year of joining) Location and quantum of Deployment:
The Manpower is required to be deployed at following locations: a) Intellectual Property office, Delhi
b) Intellectual Property office, Mumbai c) Intellectual Property office, Chennai d) Intellectual Property office, Kolkata e) Intellectual Property office, Ahmedabad
Exact number of manpower required in each category would be notified to the successful bidder after the award of contract.
While the majority of IT manpower is required at Delhi and Mumbai Location, Network operators cum Field Engineers are to be deployed in each of the above offices. The requirement is initially for three years from the date of taking up of supply of manpower in pursuance of contract unless extended further by mutual agreement of the CGPDTM and service provider, on the same terms and conditions
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or otherwise as mentioned in the tender document. The present requirement may also be increased or decreased on the requirement of the Department.
8. TECHNICAL REQUIREMENT FOR THE BIDDER FOR “TECHNICAL BID”
The tendering Company/Firm/Agency should fulfill the following technical specifications for Technical Bid:-
The manpower Company/Firm/Agency should be registered with the appropriate registration authority.
The Company/Firm/Agency should have at least three years experience in successfully providing IT manpower (Programming, Networking etc.) to Government Departments, Public Sector Companies/Banks etc.
Completion certificate from those companies to whom the manpower was provided. The Company/Firm/Agency should have its own Bank Account.
Bidder should not sublet the contract to any other agency. An Undertaking is this regard should be submitted.
Note: No deviation from the above conditions shall be allowed
9. TECHNICAL REQUIREMENT FOR MANPOWER TO BE DEPLOYED BY THE SUCCESSFUL BIDDER He/ She should possess qualification and experience as mentioned below and should be between age group of 18 years to 40 years.
Educational Qualification: (A) PROJECT MANAGER
Technical Qualifications
a) BE/ B.Tech with specialization in Computers/ Electronics & Communications or equivalent/ MCA. Candidates having a Degree in Management will be preferred.
b) Total Experience of 10+ years with a minimum experience of 3 years in Project Management and Planning.
c) The candidate should have managed at least 2 projects of the similar nature. (B) SOLUTION ARCHITECT
Technical Qualifications
a) MCA / (BE / B.Tech. with specialization in Computers/ Electronics & Communication) or equivalent
OR
b) M.Sc. in Computer Science/IT OR
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d) Experience of 8+ years in OOAD, Java/JEE, Concurrent programming, Distributed computing, Client –Server / Multi-tier architecture, Web-Technologies with hands-on experience with tools and related frameworks.
(C) TEAM LEAD:
Technical Qualification
a) MCA / (BE / B.Tech with specialization in computers/ Electronics & Communication) or equivalent
OR
b) M.Sc. in Computer Science/IT OR
c) Masters degree Physics / Mathematics / Statistics /Operations Research /Electronics with either Post Graduate Diploma in Computer Science
d) Experience of 4+ years as a programmer in software development and independent handling of projects using .NET technologies, SQL server, Oracle, open source technologies. (D)SENIOR PROGRAMMER:
Technical Qualification
a) MCA / (BE / B.Tech with specialization in computers/ Electronics & Communication) or equivalent
OR
b) M.Sc. in Computer Science/IT OR
c) Masters degree Physics / Mathematics / Statistics /Operations Research /Electronics with either Post Graduate Diploma in Computer Science
e) Experience of 3+ years as a programmer in software development using .NET technologies, SQL server, Oracle, open source technologies.
(E) PROGRAMMER: Technical Qualification
a) MCA / (BE / B.Tech with specialization in computers/ Electronics & Communication) or equivalent
OR
b) M.Sc. in Computer Science/IT OR
c) Masters degree Physics / Mathematics / Statistics /Operations Research /Electronics with either Post Graduate Diploma in Computer Science.
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d) Experience of 2+ years as a programmer in software development using .NET technologies, SQL server, Oracle, open source technologies.
(F) Database Administrator: Technical Qualifications
a) Bachelor’s degree or higher qualification in any discipline from a recognized Indian University. However preference will be given to those who possess degree in science.
b) Must be Certified Microsoft Database Administrator having 4+ years working experience of Database Administrator on MS SQL Server and related tools.
or
Oracle database certified professional having 4+ years working experience of Database Administrator on Oracle and related tools.
(G)Network Administrator: Technical Qualifications
a) BE/B.Tech/Diploma in networking with CCNA
b) Experience of 4+ years in independent management of enterprise network. (H)Network Operator cum Field Engineer:
Technical Qualifications
a) Diploma in Computer Hardware/ Network Maintenance from a recognized institute. b) Experience of 2+ years in IT infrastructure and network troubleshooting.
(I) Web Designer / Content Manager: Technical Qualifications
a) B.E./ B.Tech./MCA/ Graduate in Science with knowledge of web technologies and website management.
b) Experience of 3+ years in content management of websites of reputed organizations. (J) Content / Document Writer:
Technical Qualifications
a) MCA / Graduate in Science with knowledge of web technologies and website management. b) Experience of 3+ years in system study and documentation of projects and software
including experience in preparing the Users requirement specifications (URS), System Requirement Specifications (SRS) and design documents.
10.
JOB PROFILE OF TECHNICAL PROFESSIONALS
1. Project Managera. Thorough understanding of both the theoretical and practical aspects of project management phases, techniques and tools.
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b. Ability to initiate the project, determining the scope and requirements of the project. c. Ability to plan and execute the project as per the scope, work plan, deliverables, testing
Q/A, assessment and completion of the project.
d. Independently handling application architecture, design methodologies and well versed with all stages of Project Management Life Cycle
e. Should have the ability to understand the client’s need 2. Solution Architect
a. Ability to understand the general technological functions and problems.
b. Ability to gather the business requirements of the users and be able to prepare the requirement document
c. Ability to lay out and implement the system architecture of the overall solution of the project.
d. Convert the approved architecture into details design document. 3. Team Lead
a. Independently handling of system design, software development modules allocation and integration of the modules.
b. Keeping abreast of the technological advances and application of latest technology tools for software development.
c. Overall responsibility of a user’s application.
d. Guiding teams of Sr. Programmers and Programmer in meeting the above job profiles. e. Overall responsibility of meeting the project timelines.
4. Senior Programmer:
a. Software maintenance of the existing applications and developing new applications. b. Guidance to programmer on project operations and software development.
c. Maintaining user defined time schedules of software development.
d. Preparation of system and operations manuals for the application software. e. Preparation of training manuals and scheduling user’s training.
f. Act as a system administrator by allocating/removing redundant user-id and passwords. g. Ensuring strict compliance to the back-up schedules.
h. Day to day coordination with the user for software maintenance. i. Responsibility for meeting the timelines.
5. Programmer:
a. Independently handling the software project operations on the client machines. b. Front-end application software development.
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e. Supervision of Input/output to the projects being handled.
f. Coordination with maintenance agencies and providing first line of maintenance. g. Net browsing to address subject specific queries of the users.
h. Project training and computer basics training to user officials. 6. Database Administrator:
a) The DBA shall be responsible for backup of storage as per the policies of IPO/NIC at the Data Centre. These policies would be discussed with The DBA at the time of installation and configuration. It should be noted that the activities performed by the DBA will be under the supervision of NIC.
b) The DBA shall be responsible for monitoring and enhancing the performance of scheduled backups, schedule regular testing of backups and ensuring adherence to related retention policies.
c) The DBA shall be responsible for prompt execution of on-demand backups of volumes and files whenever required by NIC or in case of upgrades and configuration changes to the system. d) The DBA shall be responsible for real-time monitoring, log maintenance and reporting of
backup status on a regular basis. The DBA shall appoint administrators to ensure prompt problem resolution in case of failures in the backup processes.
e) The administrators shall undertake media management tasks, including, but not limited to, tagging, cross-referencing, storing, logging, testing, and vaulting in fire proof cabinets (onsite and offsite).
f)The DBA shall also provide support for file and volume restoration requests at the Data Centre. g)Coordination with maintenance agencies to handle situations like network choking, network
viruses, hard disk crashes etc. 7. Network Administrator:
a. Independently monitoring the performance of the intranet and implementation of the security policies, firewall management.
b. Administering network port management, new installations, etc. c. Management of Intranet IP addresses.
d. Liaising with external agencies for network support and troubleshooting. e. Overall responsibility of network availability and uptime.
f. Coordination with field engineers for timely troubleshooting of field requests. g. Maintaining the security and access logs.
h. Proactive escalation for maintenance and up-keeping of the network infrastructure. 8. Network Operator cum Field Engineer:
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a. Assisting the network administrator for maintaining the network IT infrastructure.
b. Troubleshooting the escalations received from the field or as directed buy the network administrator/ system administrator / senior officials.
c. Responsibility for maintaining virus free intranet and proactive escalations for the same. d. Any other duty assigned by the Network administrator/ system administrator.
9. Website Manager/ Content Manager: a. Writing web content for websites /portals
b. Regular updation/content management of the website as and when received from the system administrator.
c. Creating provisions for adding new web pages / new links for displaying the required information.
d. Creation and regular updation of the news items and links as and when received from the system administrator.
e. Designing of the user interfaces.
f. Monitoring of the broken links and load on the website. 10. Content/ Document Writer:
a. Designing of the user manuals, Annual reports. b. Documentation of available software modules. c. Versioning of the user manuals.
d. System study for new requirements, designing of the user interfaces as per the requirement of the User requirements Specifications (URS).
e. Preparation of the User Requirement specifications (URS) and System Requirement Specification (SRS).
f. Compilation of statistical reports based on the inputs from various sections of the office/ branch offices.
g. Editing and Proof reading content once written.
h. Writing product descriptions, manuals, guides, job cards, support material etc.
The IT manpower will require to work under the supervision of NIC as well as officials of IPO authorized by CGPDTM.
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Criteria for Technical Evaluation
Note: Seven Mandatory qualification criteria as mentioned above must be fulfilled by the bidder in order to be qualified for opening his financial bid.
Sr. No.
Eligibility Criteria Specification Status
M - Mandatory O - Optional
Marks
1 Average annual financial turnover of at least Rs. 10 crores during
the last 3 years
M
2 IT firm with 3 years of experience M
3 CMMi level 4 company ( Level 4=1 mark, Level 5= 2 Marks) O
4 ISO 9001:2008, ISO 20000:2011 & ISO 27001 certified company (Marks will be awarded if having 2 or more certification)
O
5 Requisite EMD enclosed M
6 Registered with the Service Tax department and carry a valid PAN from the Income Tax department
M
7 Registered with the Employees Provident Fund Organization
(EPFO) on the date of bid submission
M
8 Employees State Insurance Corporation (ESIC) on the date of bid
submission
M
9 Undertaking (self-certificate) M
Page 17 of 31 11. GENERAL TERMS AND CONDITIONS OF CONTRACT
1. These General Conditions shall apply to the extent that they are not superseded by provisions in other parts of the Contract.
2. The manpower supplied under this Contract shall conform to the education qualification as mentioned in the tender.
3. The successful tenderer shall have to deposit Rupees 15,00,000/- towards the Performance Security in the form of demand Draft/Bank Guarantee to the Administrative officer, The Patent Office Delhi, Boudhik Sampada Bhawan, , Plot No.32, Sector 14, Dwarka, New Delhi-110078, covering the period of contract. In case, the contract is further extended beyond the initial period, the Bank Guarantee/Demand Draft will have to be accordingly renewed by the successful tenderer. EMD will be returned to the tenderer after deposit of performance security. Further, if agency fails to deploy required number of manpower against the initial requirement within 10 days from the date of receipt of the order or within 15 days from the date of order whichever is earlier, the EMD shall stand forfeited without giving any further notice.
4. The proceeds of the performance security shall be payable to the CGPDTM as compensation for any loss resulting from the Supplier's failure to complete its obligations under the Contract.
5. The office or its representative shall have the right to inspect and/or to test the qualification to confirm their conformity to the contract specification at no extra cost.
6. No variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties.
7. The conditional bids shall not be considered and will be out rightly rejected in very first instance. 8. The contract shall commence from the date of receipt of acceptance of the work order which shall be accepted by the tendering Company/Firm/Agency within not more than 10 days from the receipt of the order or 15days from the date of said order whichever is earlier and shall continue till one year unless it is curtailed or terminated by the Controller General or a person Authorized by him owning to deficiency of services, sub-standard quality of manpower deployed, breach of contract, reduction or cessation of the requirements etc.
9. The contract may be extended, on the same terms and condition or with some addition/deletion/modification, for a further period of 1 year.
10. The amount of pre-estimated agreed liquidated damages calculated @ Rs. 2000/- per day per person on account of delay, if any, in providing a suitable substitute for the period beyond three working days by the agency shall be deducted from the monthly bills of the service providing Agency/Firm/Company in the following month.
sub-Page 18 of 31
contract its rights and liabilities under this contract to any other agency without the prior written consent of this Department.
12.The present requirement of manpower has been mentioned in the tender document on urgent basis. The requirement of the Department may increase or decrease during the period of initial contract also. In case of decrease in the requirement the same will be informed to the tenderer and additional manpower may be withdrawn at any time and the tenderer would have to provide additional manpower, if required on the same terms and conditions. In case, the manpower is replaced during the period of contract the same shall be augmented with the alternate stable manpower for at-least one month in order to smoothly hand/take over the assignments.
13. All selected manpower is to wear Identity card provided by the contracting party every day during the working hours.
14. The contracting Company/Firm/Agency shall not indulge in malpractices like charging of registration or consultation fee from the manpower deployed in this department under the contract. Any such malpractice shall render the contracting Company/Firm/Agency liable for termination of contract.
15.The contracting Company/Firm/Agency shall submit a documentary proof of payment to the manpower deployed in the office(s) of CGPDTM through their Bank account along with requisite pay slips of respective manpower
16.The contracting Company/Firm/Agency shall submit an undertaking that the payments to manpower shall be made in the regular, timely and transparent manner each month. In the event of any breach CGPDTM reserves the right to terminate the contract and forfeit the performance guarantee.
17.The tenderer will be bound by the details furnished by him/her to this Department while submitting the tender or at subsequent stage. In case any of such documents furnished by him/her is found to be false at any stage, it would be deemed to be a breach of terms of Contract marking him/her liable for legal action besides termination of contract.
18.The CGPDTM or a personal Authorized by him as competent authority reserves right to terminate the contract during initial period also after giving a week notice to the contracting agency.
19. The contracting Company/Firm/Agency shall sign the Contract agreement as per ANNEXURE-“C” and Data Security Certificate as per ANNEXURE-“D” after finalization of the tender process but before the issue of work order/Letter of Intent.
Page 19 of 31 12. LIABILITIES, CONTROL ETC. OF THE PERSONS DEPLOYED
a) The contracting agency shall ensure that the manpower deployed in the Office of CGPDTM conforms to the technical specifications of age, educational and skill qualification prescribed in the tender document.
b) The Controller General of Patents, Designs and Trademarks is a Central Government Office and has five days working (i.e. Monday to Friday) in a week from 9.30 to 6.00 PM with a lunch break of ½ hr from 1.00 PM to 1.30 PM. Besides this the department observes the Gazetted holidays notified by the Government of India from time to time. The manpower is required to work from Monday to Friday as per above mentioned timing. These operators however may be required to attend the office as and when required on Saturday/Sunday/Gazetted holiday (on prior intimation). No overtime/ compensatory benefits shall be provided by IPO.
c) The contracting Company/Firm/Agency shall furnish the following documents in respects of the manpower that will be deployed by it in this Department before the deployment of manpower.
1) List of manpower short listed by the office of CGPDTM or any person authorized by CGPDTM for deployment in the offices at mentioned in the document containing full details i.e. date of birth, marital status, address etc.
2) Bio-Data of the persons.
3) Attested copy of matriculation containing date of birth.
4) Attested copy of Qualifications as specified in the tender document.
5) Character Certificate from Group ‘A’ or Class-I Officers of the Central/State Government or Notary Public.
6) Certification of verification of antecedents of persons by local Police authority. 7) Identity Cards bearing photograph.
8) Contract agreement duly signed as per Annexure “C” 9) Data Security Certificate as per Annexure “D”
d) In case, the person employed by the successful Company/Firm/Agency commits any act omission/commission that amounts to misconduct/indiscipline/ incompetence, the successful Company/Firm/Agency will be liable to take appropriate disciplinary action against such persons, including their removal from the site of work required by the Department.
e) The tendering Company/Firm/Agency shall replace immediately any of its personnel who are found unacceptable to this Department because of security risks, incompetence, conflict of interest, improper conduct etc. upon receiving a notice from this Department.
f) The person deployed shall be required to maintain daily attendance/ leave report in the format as prescribed by office of CGPDTM.
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g) The agency shall depute a coordinator who would be responsible for immediate interaction with the competent authority so that optimal services of the persons deployed by the agency could be availed without any disruption.
h) The selected agency shall immediately provide a substitute in the event of any person leaving the job due to his/her personal reasons. The delay by the agency in providing a substitute beyond three working days shall attract a pre-estimated agreed liquidated damages @ Rs. 2000/- per day on the service-providing agency.
i) It will be the responsibility of the service providing agencies to meet transportation, food, medical and any other requirements in respect of the persons deployed by it (Agency) in this Department. The Office of Controller General of Patents, Designs and trademarks will have no liability in this regard.
j) For all intents and purpose the service providing agency shall be the “Employer” within the meaning of different Legislations in respect of manpower so employed and deployed in this Department. The persons deployed by the agency in the Department shall not have claims of Master and Servant relationship nor have any principal and agent relationship with or against the competent authority.
k) The Service providing agency shall be solely responsible for the redressal of grievances/resolution of disputes relating to person deployed. The Department shall, in no way be responsible for settlement of such issues whatsoever.
l) This Department shall not be responsible for any damages, losses. Claims, financial or other injury to any person deployed by service providing agency in the course of their performing the functions/duties, or for payment towards any compensation.
m) The person deployed by the service providing agency shall not have any claim or be entitled to pay, perks and other facilities admissible to casual, ad-hoc, regular/confirmed employees of this Department during the currency or after expiry of the contract.
n)
In case of termination of this contract on its expiry or otherwise, the persons deployed by the service providing agency shall not be entitled to and will have no claim for any absorption nor for any relaxation for absorption in the regular/otherwise capacity in the Department.13.LEGAL
1. The tendering agency will be responsible for timely payment to the supplied manpower and statutory authorities and compliance of all statutory provisions relating to minimum wages/specified contract amount, Provident Fund and Employees State Insurance etc. in respect of the persons deployed by it in this Department.
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service rendered by it to the Department to the concerned tax collection authorities from time to time as per extant rules and regulations on the matter.
3. The tendering agency shall maintain all statutory registers under the applicable law. The agency shall produce the same, on demand, to the concerned authority of this Department or any other authority under law.
4. The Tax Deduction at Source (TDS) shall be deducted as per the provisions of the Income Tax Department, as amended from time to time and a certificate to this effect shall be provided to the agency by this Department.
5. In case, the tendering agency fails to comply with any statutory/taxation liability under appropriate law, and as a result thereof the Department is put to any loss/obligation, minority or otherwise, the Department will be entitled to get itself reimbursed out of the outstanding bills or the Performance Security Deposit of the agency, to the extent of the loss or obligation in monitory terms.
14.FORCE MAJEURE
a. Force majeure clause will mean and be limited to the following in the execution of the contract / purchase orders placed by CGPDTM:
War / hostilities.
Riot or Civil commotion.
Earthquake, flood, tempest, lightning or other natural physical disaster.
Restriction imposed by the Government or other statutory bodies, which is beyond the control of the Agencies, which prevent or delay the execution of the order by the Agency.
b. The Agency will advise CGPDTM in writing, the beginning and the end of the above causes of delay, within seven days of the occurrence and cessation of the force majeure conditions. In the event of a delay lasting for more than one month, if arising out of clauses of force majeure, CGPDTM reserve the right to cancel the order without any obligation to compensate the Agency in any manner for what so ever reason.
15. ARBITRATION
CGPDTM and the Agency will make every effort to resolve amicably, by direct negotiation, any disagreement or dispute arising between them under or in connection with the work order. If any dispute will arise between parties on aspects not covered by this agreement, or the construction or operation thereof, or the rights, duties or liabilities under these except as to any
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matters the decision of which is specially provided for by the general or the special conditions, such dispute will be referred to two arbitrators, one to be appointed by each party and the third to be appointed by the Department of Information Technology and the award of the arbitration, as the case may be, will be final and binding on both the parties. The arbitrators or the umpire as the case may be, with the consent of parties, may modify the time frame for making and publishing the award. Such arbitration will be governed in all respects by the provision of the Indian Arbitration Act, 1996 or later and the rules there under and any statutory modification or reenactment, thereof. The arbitration proceedings will be held in New Delhi, India.
16. APPLICABLE LAW:
The work order will be governed by the laws and procedures established by Govt. of India, within the framework of applicable legislation and enactment made from time to time concerning such commercial dealings/processing.
17.TECHNICAL BID
1. For providing IT Manpower to the office(s) under the office of Controller General of Patents, Designs and Trademarks.
2. Name of Tendering Company/Firm/Agency (Attach certificate of registration)
3. Name of Proprietor /Director of Company/Firm/Agency
4. Full address of Registered Office _________________________________ _________________________________ _________________________________ _________________________________ Telephone Number: _________________ FAX No. _____________________ E-Mail Address _____________________
5. Full address of Branch offices __________________________________ __________________________________
Page 23 of 31 __________________________________ Telephone Number: __________________ FAX No. _____________________ E-Mail Address _____________________ 6. Banker of Company/Firm/Agency __________________________________ (Full Address)
(Attach certified copy of statement __________________________________ of A/c for the last three years)
Telephone Number of Banker __________________________________
7. PAN/GIR No. __________________________________
(Attach attested copy)
8. Service Tax Registration No. __________________________________ (Attach attested copy)
9. E.P.F. registration Number __________________________________ (Attach attested copy)
10. E.S.I. Registration Number __________________________________ (Attach attested copy)
Financial turnover of the tendering Company/Firm/Agency for the last 3 financial years. (Attach separate sheet if space provided is insufficient)
Financial Year Amount (Rs. Lakh) Remarks if any
2012-13 2013-14 2014-15
12. Give details of the major similar contracts handled by the tendering Company/Firm/Agency during the last three years in the following format:
Page 24 of 31 Sl. No. Details of client
along with address, telephone numbers Type of manpower supplied Amount of Contract (Rs. Lakh) Duration of Contract From Duration of Contract To 1. 2. 3.
(If the space provided is insufficient, a separate sheet may be attached) 13. Additional information, if any
(Attach separate sheet, if required)
Signature of authorized person Name:
Seal: Date:
Place:
DECLARATION:
________________________Son/Daughter/Wife of Shri--- signatory of the agency/firm mentioned above is competent to sign this declaration and execute this tender document:
I have carefully read and understood all the terms and conditions of the tender and undertake to abide by them:
The information/documents furnished along with the above application are true authentic to the best of my knowledge and belief. I/We am/are well aware of the fact that furnishing of any false information/fabricated document would lead to rejection of my tender at any stage besides liabilities towards prosecution under appropriate law:
Signature of authorized person Full Name:
Seal: Date: Place:
Page 25 of 31 FINANCIAL BID:
The Financial Bid for Providing IT manpower to the office (s) under the office of Controller General of Patents, Designs and Trademarks should be submitted as under:
1. Name of tendering Company/Firm/Agency:
2. Details of Earnest Money Deposit: Rs. 1,00,000/- (One Lac only) D.D/Pay Order No. Date and Drawn on Bank:
3. Rates with the following break up:
Rates per month for professional IT manpower support services:
S.No Position Team Leader Database Administ rator Netwo rk Admin istrator Senior Progra mmer Content/ Documen t Writer Web Designer/ Content Manager Progra mmers Network operator cum Field Engineer 1 Amount per month (Rs.) 45000 45000 45000 35000 35000 35000 25000 25000 2 Min. Experience 4+yr 4+yr 4+yr 3+yr 3+yr 3+yr 2+yr 2+yr
3 Annual
Increment(Rs.) 5% of the monthly amount at Sl. No.1 (applicable after 1 year of joining) 4 Agency Charges ___% of amount at Sr. No. 1 and annual Increment at Sr. No. 3 when applicable 5 Service Tax Extra as applicable from time to time
Signature of authorized person
Full Name: ________________________ Seal: _________________________ Date:
Place: Notes:
1. The Agency charges quoted by the tendering agency should be inclusive of all statutory/taxation liabilities at the time of entering into the contract.
2. The payment shall be made to the deployed manpower on conclusion of the calendar month on the 1st working day of succeeding month
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Annexure- ‘A’
Acceptance letter by the Tenderer on the letter Head of the company
To
THE CONTROLLER OF PATENTS PATENT OFFICE
BOUDHIK SAMPADA BHAWAN, PLOT NO.32, SECTOR –14, DWARKA, NEW DELHI -110075
Sir/Madam
I/We hereby accept unconditionally all the terms and conditions as contained in tender documents as well as notice inviting tenders (NIT) and in default thereof, to forfeit and pay to CGPDTM, or its successors or its authorized nominees such sums of money as are stipulated in the notice inviting tenders and tender documents.
Dated the day of
SIGNATURE OF TENDERER NAME (CAPITAL LETTERS) ADDRESS
SEAL OF TENDERER
SIGNATURE OF WITNESS NAME (CAPITAL LETTERS) ADDRESS
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Annexure- ‘B’
Undertaking by the Bidder(a) I/We agree to abide by and fulfill all terms and conditions referred to above and as contained in tender documents elsewhere and in default thereof, to forfeit and pay to CGPDTM, or its successors or its authorized nominees such sums of money as are stipulated in the notice inviting tenders and tender documents.
(b) I/We hereby pay the earnest money of amount as mentioned in the Tender in favour of Controller of Patents, payable at place as mentioned in the “NIT”
(c) If I/We fail to provide the desired manpower as per the order/ Letter of Intent within 10 days of the date of issue of Letter of Intent and/or I/we fail to sign the agreement as per contract and/or I/we fail to submit performance guarantee as per contract, I/we agree that CGPDTM shall, without prejudice to any other right or remedy, be at liberty to cancel the Letter of Intent and to forfeit the said earnest money as specified above.
(d) I/we are also enclosing herewith the Acceptance letter on the prescribed proforma as referred to in condition of NIT.
Dated the day of
SIGNATURE OF TENDERER: NAME (CAPITAL LETTERS): ADDRESS:
SEAL OF TENDERER:
SIGNATURE OF WITNESS: NAME (CAPITAL LETTERS): ADDRESS:
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CONTRACT AGREEMENT
ANNEXURE ‘C’
(Agreement to be executed on Rs.100/- Non-judicial Court Stamp)
An agreement made this …………..………. day of BETWEEN
………..……… (hereinafter called the contractor or contracting agency which expression shall include his legal representatives) of the one part and The Controller General of Patents, Designs and Trademark (herein after referred as “the Government” or Department or Office of the Controller General of Patents, Designs & Trade Marks (which shall also include any person authorized by CGPDTM ) of the other part and WHEREBY the contractor agrees to supply the IT manpower to perform the work specified to them successfully on contract basis to the CGPDTM as mentioned in the tender document and on the terms and conditions hereinafter mentioned viz. : -
a) that it is expressly understood and agreed between the parties to this Agreement that the persons deployed by the contractor for the services mentioned above shall be the employees of the contractor for all intents and purposes and that the persons so deployed shall remain under the control and supervision of the contractor and in no case, shall a relationship of employer and employee between the said persons and the CGPDTM or IPO or any person authorized shall accrue/arise implicitly or explicitly.
b) That the number of IT manpower will be purely need based. Therefore, the number of Contractor’s IT manpower may be increased or decreased as per requirement. The office of CGPDTM will be under no obligation to engage any specific number of Contractor’s worker during the period of contract.
c) that this Contract shall remain valid for a period of one year w.e.f. ……… initially and if the services are found satisfactory the same may be extended for further period .However the Controller General of Patents, Designs and Trademarks or a person authorized by him shall have full power to terminate the contract if the manpower supplied is functioning to the satisfaction
d) that the Controller General of Patents, Designs and Trademarks or a person authorized by him shall have full power to reject the IT manpower which to the true intent and meaning is not in accordance with the requirement as per tender document
e) that the contracting agency will deposit a sum equivalent to 10% of the tender value as security for compliance with the terms and conditions of this contract.
f) the Controller General of Patents, Designs and Trademarks or a person authorized by him reserves the right
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b) to enter in to parallel contract for similar services with other agencies/person whenever it is found necessary.
c) to extend the contract up to further period, if required from the date of expiry of the initial period, at the same rates, terms and conditions.
g) that the contracting agency will be entirely responsible for the execution of this contract in all respect in accordance with terms & conditions and shall not assign or sub-let the same.
h) if the contracting agency becomes insolvent or he or his Agent offers any bribe in connection with the contract or the contractor fails to observe or perform any condition of this contract then notwithstanding any previous waiver of such default or action being taken under any other clause hereof the Controller General of Patents, Designs and Trademarks or a person authorized by him may on behalf of the Government terminate the contract and forfeit the said deposit and recover from the contractor any loss suffered by the Government on account of the contract being terminated.
i) if any dispute or difference shall arise including this contract the settlement of which is not hereinbefore provided for the same shall be referred to the arbitration of the Controller General of Patents, Designs and Trademarks or if he is unable or unwilling to act as arbitrator to the arbitration of any person nominated by him in writing and the decision of such arbitrator shall be final and binding on the parties to this contract.
j) The contracting agency as a taxable service provider, must have registered with Service tax Department and obtained Registration No. (15 digits Service Tax Code Number) and should attach a copy of Certificate along with the Agreement. The Invoices / Bills / Challans should be serially numbered and it should contain the Name and address of Service Provider, Service Receiver, Description of service, Value of service tax payable thereon.
k) The contracting agency shall also be responsible for timely statutory payments in respect of supplied manpower and there shall not be any responsibility of the Controller General of Patents, Designs and Trademarks or a person authorized by him.
l) That the contractor shall keep the CGPDTM or any person authorized by him indemnified against all claims whoever in respect of the employees deployed by the contractor including the court matter. In case any employee of the contractor so deployed enters in dispute of any nature whatsoever, it will be the primary responsibility of the contractor to contest the same. In case CGPDTM or any person authorized by him is made party and is supposed to contest the case, the CGPDTM or any person authorised by him will be reimbursed for the actual expenses incurred towards Counsel Fee and other expenses which shall be paid in advance by the contractor to CGPDTM or any person authorized by him on demand. Further, the contractor will ensure that no financial or any other liability comes on CGPDTM or any person authorised by
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him in this respect of any nature whatsoever and shall keep CGPDTM or any person authorised by him indemnified in this respect.
m) That the contractor shall further keep the CGPDTM or any person authorised by him indemnified against any loss to the CGPDTM or any person authorised by him property and assets. The CGPDTM or any person authorised by him shall have further right to adjust and/or deduct any of the amounts as aforesaid from the payments due to the contractor under this contract.
n) That the contracting agency shall be responsible for faithful compliance of terms and conditions of this agreement, and shall also abide by all terms and conditions as mentioned in the tender document. The same may be terminated and the security deposit will be forfeited and further the work may be got done from another agency at their risk and cost.
o) That if the contractor violates any of the terms and conditions of this agreement or commits any fault or their services are not to the entire satisfaction of CGPDTM or any officer authorized by the CGPDTM, a penalty leading to a deduction up to a maximum of 10% of the total amount of bill for particular month will be imposed.
p) The security money shall be liable to be forfeited or appropriated in the event of unsatisfactory performance of the contractor and/or loss/damage, if any, sustained by the Office of CGPDTM on account of failure or negligence of the workers deployed by him or in the event of breach of the agreement by the Contractor
IN WITNESS WHEREOF the parties hereto have signed these presents on the date, month and year first above written.
Signed by the said contracting agency ………. In the presence of: -
Ist Witness: Address: 2nd Witness: Address:
Signed for and on behalf of the Controller General of Patents, Designs and Trademarks ………… In the presence of: -
Ist Witness: Address:
2nd Witness: Address:
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ANNEXURE ‘D’ DATA SECURITY CERTIFICATE
(To be executed on Rs.100/- Non-judicial Court Stamp)
I / We hereby certify that the Office of Controller General of Patents, Designs and Trademarks shall have absolute right on the digital data and output products processed / produced by me / us. I / We shall be responsible for security / safe custody of data during processing. I / We also certify that the digital topographical data will not be taken out of the building premises on any media by any means by me/us or any other person deployed by me/us. The original input data supplied to me / us by the Office of CGPDTM or digital data and output products processed / produced from input data will not be passed on to any other agency or individual other than the authorized person of CGPDTM. I / We shall abide by all security and general instructions issued by CGPDTM or a person authorized by CGPDTM from time to time.
I / We also agree that any data pertaining to CGPDTM will be handed over / removed (as the case may be) from my / our possession in the presence of person(s) authorized by CGPDTM after completion of the task.
Signature of the contracting agency
Name, Date, Signature & Address of the witnesses
(1)
