Hiring of 20 Sherpas and 8 other persons for bringing down the garbage from the summit to the Mt Everest base camp

FORM OF AGREEMENT

THIS AGREEMENT is made on ______between Embassy of India, Kathmandu, Nepal (hereinafter referred to as "the Buyer") of the one part and ______, (hereinafter called "the Supplier") of the other part.

WHEREAS the buyer is desirous of ‘Hiring of 20 Sherpas and 8 other persons for bringing down the garbage from the summit to the Mt Everest base camp under "India – Nepal Economic Cooperation Programme" in accordance with all the requirements as set out in the contract.

AND WHEREAS the Supplier has submitted the tender and the Buyer has accepted the tender submitted by Supplier for the total amount of NRs. ______(Nepalese Rupees ______only) towards ‘Hiring of 20 Sherpas and 8 other persons for bringing down the garbage from the summit to the Mt Everest base camp’.

The whole services comprised in this Agreement shall be completed well in time and should be within 2 months from the date of award of the work in conformity in all respects with provisions of the agreement. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this agreement words and expressions shall have the same meaning as are respectively assigned to them in the Terms and Conditions of agreement hereinafter referred to. 2. The agreement shall consist of this Form of Agreement, and the following documents, all of which by this reference are incorporated herein and shall form part thereof;

a. Tender Press Notice b. Instructions to Bidders c. Terms and Conditions d. Form of Tender e. Acceptance of Tender f. Earnest Money Deposit Explanatory notes, correspondences and/or minutes of meetings (If any)

Page 1 of 6 Hiring of 20 Sherpas and 8 other persons for bringing down the garbage from the summit to the Mt Everest base camp 3. The aforesaid documents shall be taken as complementary and mutually explanatory of one another, but in the case of ambiguities or discrepancies the terms and conditions of the tender document shall be final. 4. In consideration of the payment to be made by the Buyer to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Buyer to provide services of the Sherpas and others workers in conformity in all respects with the provisions of the agreement. 5. The Buyer hereby covenants to pay the Supplier in consideration of the provision of services by Sherpas and other, the price at the time and in the manner prescribed by the agreement.

IN WITNESS WHEREOF the parties hereto have caused their respective Common Seals to be hereunto affixed (or have hereunto set their respective hands and seals) the day month and year first above written.

Signed, Sealed and Delivered at Kathmandu by the said:

For and on behalf of For and on behalf of Embassy of India M/s.

(Ajay Pasbola) (Supplier) Colonel Defence Attaché Embassy of India Kathmandu (Buyer)

Witnesses:

1.

2.

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INSTRUCTIONS TO BIDDERS

1. Scope of the bid: Hiring of 20 Sherpas and 8 other persons for bringing down the garbage from the summit to the Mt Everest base camp for Defence Wing, Embassy of India, Kathmandu.

2. Sale of Tender: Tenders can be purchased from Defence Wing, Embassy of India, 336 Kapurdhara Marg, P.O. Box No. 292, Kathmandu from 6-8 May 2013 during 1000 hrs to 1200 hrs on payment of NRs. 500/- or can be downloaded from the website of Embassy of India, Kathmandu at www.indianembassy.org.np or at www.eprocure.gov.in 3. Eligibility: Only authorized registered supplier/agencies are eligible to participate. 4. Certificate: Bid should be accompanied by a duly attested copy of the certificate of registered supplier/agencies. 5. Clarification: Prospective bidders can obtain further information and any clarification regarding bidding document from Defence Wing, Embassy of India, 336 Kapurdhara Marg, P.O. Box No. 292, Kathmandu (phone # 4420128). 7. No. of bids per bidder: The bidder shall submit only one bid. A bidder who submits more than one bid shall be disqualified. 8. Cost of bidding: The bidder shall bear all the costs associated with the preparation and submission of bid and this Embassy shall in no case be responsible or liable to these costs. 9. Amendment of bidding document: The Embassy may amend the bidding document by issuing Addenda, before the deadline for submission of bids. 10. Language: All documents relating to the bid shall be in English language. 11. Earnest Money: Each bid shall be accompanied by Earnest Money Deposit of NRs. 5 lakhs in the form of a bank draft in favour of Embassy of India, Kathmandu from a scheduled bank registered in Nepal. 12. Refund of Earnest Money: Earnest Money Deposit of successful bidder shall be retained till satisfactory completion of works. Earnest Money Deposit of unsuccessful bidders shall be returned in original after completing the process of evaluation of bids. 13. Submission of Tender: Completed tenders in all respects alongwith enclosures shall be submitted in a sealed envelope which shall be super scribed “HIRING OF 20 SHERPAS AND 8 OTHER

Page 3 of 6 Hiring of 20 Sherpas and 8 other persons for bringing down the garbage from the summit to the Mt Everest base camp PERSONS FOR BRINGING DOWN THE GARBAGE FROM THE SUMMIT TO THE MT EVEREST BASE CAMP”. 14. Last date for submission of Tender: Tenders shall be submitted upto 1430 hrs. of May 10, 2013. Tenders shall be submitted to the Defence Wing of the Embassy of India, 336 Kapurdhara Marg, P.O. Box No. 292, Kathmandu. 15. Tenders should be submitted within the stipulated time and date. Late submission of tenders will not be entertained under any circumstances. 16. Contents of bid: The following documents and addenda, if any, shall form part of the tender for ‘Hiring of 20 Sherpas and 8 other persons for bringing down the garbage from the summit to the Mt Everest base camp’ for Defence Wing, Embassy of India, Kathmandu. (i) Tender Notice (ii) Instructions to bidders (iii) Terms and conditions (iv) Form of Bid (v) Earnest Money Deposit (vi) Addenda, if any issued by Embassy of India 17. Opening of bids: Bids shall be opened in the Embassy of India, Kathmandu at 1500 hrs on May 10, 2013. 18. The bidder shall sign each page of this document and no page of this document shall be removed by the bidder. Any cutting shall also be attested by the bidder. 19. The Embassy reserves the right to reject or accept any application without assigning any reason.

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TERMS & CONDITIONS 1. Price: The price shall be quoted in NRs including all charges/taxes. 2. Performance Guarantee: Successful bidder shall have to deposit Performance Guarantee equal to 5% of the tendered cost of the work from a scheduled bank registered in Nepal at the time of award of work. The amount of Earnest Money Deposit shall also be adjusted against the performance guarantee. 3. Interview of the Sherpas : The successful bidder shall make arrangement for the interview of the Sherpas and other workers, alongwith bio data, on the dates prescribed by the Embassy of India for interviews. 4. Delivery: Successful bidder shall be required to provide services of Sherpas and others in all respects within 7 days from and including the date of the award of work. The period of services is not extendable. 5. Liquidated Damages: In the case of delay in delivery of providing of services of Sherpas and others, if any, the successful bidder shall be liable to pay a penalty of 1.0% of the value of supply order for each day of delay, subject to maximum of 10% of the ‘Tendered Cost’. 6. Payment: Payment towards the work shall be made by Nepal SBI Ltd Cheque in favour of the supplier/agency after satisfactory delivery of services to the Embassy of India, Kathmandu. 7. Advance payment: Advance payment of work, if required, shall be made against bank guarantee of the amount equal to the amount of advance from a scheduled bank registered in Nepal. 8. Refund of Earnest Money and Performance Guarantee: Earnest Money and Performance Guarantee deposited by the supplier shall be released on receipt of a request from the Supplier after satisfactory completion of work in all respects. This shall be subject to deduction of liquidated against default in services. Stipulated at serial number 5 of these terms and conditions.

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FORM OF TENDER

1. Technical Specifications Sl. Services Services Specified and Services specified by No. Required required by the Embassy of the supplier quoted in India the bid 1. Hiring of 20 (a) Clear the Mt Everest Sherpas and 8 Area between Base Camp other persons and Summit for bringing (b) Specify amount of down the garbage to be brought garbage from down. the summit to (c) Bring all collected non the Mt Everest degradable garbage till base camp Kathmandu (d) Provide Full board package. (e) Clearing of garbage to also be done after conclusion of all the expedition prior to removal of ladder/ropes.

2. Price Sl. Description of Quantity Rate per Kg of Total price (In NRs. No. item/Works garbage being both in figures and in brought down (In words) NRs. both in figures and in words) 1. Hiring of 20 Sherpas - and 8 other persons for bringing down the garbage from the summit to the Mt Everest base camp

Total

Defence Attaché

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