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Bengaluru Co-Operative Milk Union LTD.,: No. Bamul/Trust/E-Tender/ND/31/2019-20 Date: 09.10.2019

The Bengaluru Co-Operative Milk Union Ltd. is inviting technical and commercial tenders from qualified life insurance companies to provide group term life insurance for approximately 2 lakh milk producers, staff, and their dependents for a period of one year. Interested bidders must meet IRDA qualification criteria and submit their proposals by November 4th, 2019 for consideration. The selected insurer will be responsible for issuing policies and settling claims in a timely manner.

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0% found this document useful (0 votes)
195 views27 pages

Bengaluru Co-Operative Milk Union LTD.,: No. Bamul/Trust/E-Tender/ND/31/2019-20 Date: 09.10.2019

The Bengaluru Co-Operative Milk Union Ltd. is inviting technical and commercial tenders from qualified life insurance companies to provide group term life insurance for approximately 2 lakh milk producers, staff, and their dependents for a period of one year. Interested bidders must meet IRDA qualification criteria and submit their proposals by November 4th, 2019 for consideration. The selected insurer will be responsible for issuing policies and settling claims in a timely manner.

Uploaded by

Divya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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1

BENGALURU CO- OPERATIVE MILK UNION Ltd.,


Dr. M.H. MARIGOWDA ROAD: BENGALURU – 560029
Phone: 26096295 Fax:25536597 Email: bamultrust@gmail.com
No. Bamul/Trust/E-Tender/ND/31/2019-20 Date: 09.10.2019
TENDER NOTIFICATION
(Through e-Procurement Portal)
The Bengaluru Co-Operative Milk Union Ltd., Bengaluru (Bamul Trust),
invites, tender from the Interested & eligible IRDA Registered and Qualified
Life Insurance companies to provide “ Group Term Life Insurance ’’ (Any Kind
of death/Any Cause of Death Cover) for Members Milk producers, staff and
their Dependents of dairy Co-operative societies for the period of One years.
Tenderer are advised to note the qualification criteria specified in Section
VII of IRDAI to qualify for award of the contract.
Tender documents may be downloaded from e-procurement website
https://eproc.karnataka.gov.in/. Interested Tenderers may obtain further
information at the same address. The Bengaluru Co-operative Milk Union Ltd.,
will not be held responsible for the website problems if any, last date
submission or non-receipt of the same. Also may contact Help line No: 080-
26096295, Email -bamultrust@gmail.com.
Date of commencement of Tender From 11.10.2019
Last date for Tender Clarification On 30.10.2019 before 5.00 PM
Last date for Submission of Tender 04.11.2019 before 5.00 PM
Date of opening of Technical
Tender-Part-1 On 06.11.2019 at 11.30. AM
& Commercial Tender-Part-2 On 07.11.2019 at 2.30. PM
Place of Opening of Technical and Bengaluru Co-operative Milk Union,
Commercial Tender Board Room, Bengaluru Dairy,
Dr.M.H. Marigowda road,
Dharmaram college post, Bengaluru-29

The details of the tender fees, EMD & Security Deposit and Tender
Terms & Conditions are available in e-procurement portal
(https://www.eproc.karnataka.gov.in) for verification.

Sd/-
MANAGING DIRECTOR
(Tender Inviting Authority)
For Bengaluru Co-operative Milk Union Ltd.,
2

IMPORTANT NOTE TO BIDDERS:

1. The evaluation will be done for the total premium amount of insurance, as
such incomplete quote shall not be considered for evaluation considering
it as incomplete offer/quote/Bid
2. BENGALURU CO-OPERATIVE MILK UNION LTD shall analyse all
Tender/Bids received through this tender, exclusion and inclusion in the
policies, negotiations of price terms and conditions and claims
management.
3. The incomplete quote, omissions, deletion of clauses etc,. – Such tender
shall be liable for rejection at the discretion of Bengaluru Co-operative
Milk Union Ltd., The time period required to settle the Claims Shall be
clearly mentioned in the technical tender.

Documents to be furnished to claim THE ELIGABILITY

A) The Bidder / Insurance Company registered with IRDA – Document


B) Insurance Company Service Tax Registration – Certificate
C) Previous 3 Years Insurance Experience Details with Government /Private
Organisations - Document to be furnish.
D) Last 3 Years Balance Sheet
E) Total Number of Claims Reported & Total Number of Claims Settled Details
For the Year 2018-19.

SPECIAL CONDITIONS AND INSTRUCTIONS TO TENDERER

1.) The premium rates may be quoted for the specified Insurance Policy
(premium rates quoted should be valid for One year and renewal subject
to Mutual consent). The premium calculation sheet for the individual items
may be furnished separately
2.) THE EVALUATION WILL BE DONE BASED ON THE ELIGIBILITY CRITERIA AND
TOTAL PREMIUM OF INSURANCE. Partial/Part Quoted Premiums will be
rejected.
3.) Tenders received after the due date and time will not be considered.
4.) The Services offered in the respective policies may be indicated in the
offer failing which will be treated that all the conditions mentioned in the
Tender document is accepted and agreed by the insurance company.
5.) The policy period is one year
6.) The premium shall be quoted as per the prescribed format only (Price
schedule PART 2 of tender) any deviation may be mentioned separately.
7.) The premium amount in advance will be paid by the Bengaluru Co-operative
Milk Union Ltd., and the policies may be issued in the name of Managing
Director Bengaluru Co-operative Milk Union ltd.,
3

8.) Further clarifications can be obtained from this Office (Bamul Trust.)
9.) The Managing Director reserves the right to accept Or reject any Or all the
tenders Or part of the tender without assigning any reasons thereof and also
to award co Insurance.
10.) The tenderer should furnish the financial status of the organization for the last
three years (premium, claims settlement, profitability etc) and also the IRDAI
Registration number to be quoted along with the tender.
11.) The premium quoted shall be final and no revision will be entertained in what
so ever fashion at a later date. It is also the responsibility of the Company to
issue the policies as per the Agreement.
12.) The policies may be issued in the name of Managing Director Bengaluru Co-
operative Milk Union Ltd., and the Claim settlement shall be done accordingly.

1 Insuring Milk Producers, Staff, and their dependents of Dairy cooperative


societies to Bengaluru Co-operative Milk Union ltd., for a period of one year

Terms and Conditions:

BENGALURU CO-OPERATIVE MILK UNION LTD covering 3 Districts of


Bengaluru Rural, Bengaluru Urban,& Ramanagara, approximately 2.0 (Two) lakhs
Milk producers and staff of dairy cooperative societies are to be covered under
Group insurance policy, BENGALURU CO-OPERATIVE MILK UNION LTD Invites –
Technical and Commercial Tender from IRDAI approved Life Insurance companies
with respect to death only policy from life Insurance companies.

1. The Age limit of the insured persons between 18 to 60 years.


2. The Policy shall be for a period of one year from the date of receipt of
Premium.
3. Sum Assured for death of Rs.1.00 lakh
4. Agreement / MOU should be made with the Bengaluru Co-operative milk
union ltd.
5. Group term life insurance policy shall be in the name of Managing Director of
Bengaluru Co-operative milk union ltd
6. The premium payment will be routed through the Managing Director of
Bengaluru Co-operative milk union ltd.,
7. Claims shall be Settled in the Name of Nominee of the insured .
8. Settlement of claimed amount in full to be made within 15 days after the
receipt of all the relevant complete documents.
9. Quarterly review meeting at Bengaluru Co-operative milk union ltd., shall be
arranged to review the Claim settlement, services etc.
10. The Tenderer should have experience of handling Group life / Life insurance,
if so furnish the claims settlement details and premium quoted from your
company.
4

11. Managing Director of Bengaluru Co-operative Milk Union Ltd., reserves the
right to accept or reject the Tender without assigning any reasons there of
and also to award to insurance company
12. All disputes are settled in the Legal Jurisdiction of Bengaluru Co-operative
Milk Union Ltd., only.

SCOPE OF INSURANCE COVERAGE:

The policy shall give indemnity only for death in Group term life .

Managing Director
Tender Inviting Authority
Bengaluru Co-operative Milk Union Ltd.,

Note : For any clarification contact C.E.O. Bamul Trust, Phone Number : 080 - 26096295

Signature of the Tenderer


5

SECTION 1. LETTER OF INVITATION

[Location and Date]

Dear [Name of Insurance Company]:

1. Bengaluru Co-operative Milk Union ltd., invites Proposals to provide the


following Insurance Services: [Short description of objectives and scope of the
assignment]. More details on the Services are provided in the attached Terms
of Reference.
2. The Tender has been addressed to the following Insurance Company:

Name of the Insurance Company

Address:-

3. A Insurance Company will be selected under Quality-and Cost-Based


4. The Tender / RFP include the following documents:
Section 1 - Letter of Invitation
Section 2 - Information to Insurance Company
Section 3 - Technical Proposal - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 - Terms of Reference
Section 6 - Standard Form of Contract.
6. Please inform us, upon receipt:
- That you received the letter of invitation; and
- Whether you will submit a proposal alone or in association with other entity
as Joint Venture with joint and several responsibilities.

Yours sincerely,

Sd/-
Bengaluru Co-operative Milk Union Ltd.,
6

SECTION 2
INFORMATION TO INSURANCE COMPANY

1. INTRODUCTION

1.1 The Client named in the “Data Sheet” will select a Insurance company among
those participated in the tender with the method of selection .
1.2 The Insurance company are invited to submit a Technical Proposal and a
Financial Proposal, as specified in the Data Sheet (the Proposal) for
Insurance services required for the Assignment named in the Data Sheet. The
Proposal will be the basis for contract negotiations and ultimately for a signed
contract with the selected Insurance company.
1.3 The Assignment shall be implemented in accordance with the phasing
indicated in the Data Sheet. When the Assignment includes several phases,
the performance of the Insurance Company under each phase must be to the
Client’s satisfaction before work begins on the next phase.
1.4 The Insurance company must familiarize themselves with local conditions and
take them into account in preparing their Proposals. To obtain first-hand
information on the assignment and on the local conditions, Insurance
company are encouraged to pay a visit to the Client before submitting a
Proposal, and to obtain clarification if any from Bengaluru Co-operative Milk
Union Ltd., The Insurance company representative should contact the officials
named in the Data Sheet to arrange for their visit or to obtain additional
information if required
1.5 The Bengaluru Co-operative Milk Union Ltd., will provide the inputs specified
in the Data Sheet
1.6 Please note that (i) the costs of preparing the proposal and of negotiating the
contract, including a visit to the Client, are not reimbursable as a direct cost of
the assignment; and (ii) the Bengaluru Co-operative Milk Union Ltd., is not
bound to accept any of the Proposals submitted.
1.7 Bengaluru Co-operative Milk Union Ltd., expects Insurance company to
provide professional, objective, and impartial advice and at all times hold the
Client’s interests paramount, without any consideration for future work, and
strictly avoid conflicts with other assignments or their own corporate interests.
Insurance company shall not be hired for any assignment that would be in
conflict with their prior or current obligations to other clients, or that may place
them in a position of not being able to carry out the assignment in the best
interest of the Client.
1.8 It is Bengaluru Co-operative Milk Union Ltd., policy to require that Insurance
Company observe the highest standard of ethics during the execution of such
contracts. In pursuance of this policy, the Bengaluru Co-operative Milk Union
Ltd: (a) Defines, for the purposes of this provision, the terms set forth below
as follows: (i) “corrupt practice” means the offering, giving, receiving, or
7

soliciting of anything of value to influence the action of a public official in the


selection process or in contract execution; and
(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a
selection process or the execution of a contract to the detriment of Bengaluru
Co-operative Milk Union Ltd., and includes collusive practices among
Insurance company’s (prior to or after submission of proposals) designed to
establish prices at artificial, non-competitive levels and to deprive Bengaluru
Co-operative Milk Union Ltd., of the benefits of free and open competition.
(b) will reject a proposal for award if it determines that the firm recommended
for award has engaged in corrupt or fraudulent activities in competing for the
contract in question;
(d) will declare a firm ineligible, either indefinitely or for a stated period of time,
to be awarded Bengaluru Co-operative Milk Union Ltd., - financed contract if it
at any time determines that the firm has engaged in corrupt or fraudulent
practices in competing for, or in executing, a Bengaluru Co-operative Milk
Union Ltd -financed contract; and
(e) will have the right to require that, Bengaluru Co-operative Milk Union Ltd.,
to inspect Insurance company’s accounts and records relating to the
performance of the contract and to have them audited by auditors appointed
by Bengaluru Co-operative Milk Union Ltd.,
1.9 Insurance company shall not be under a declaration of ineligibility for corrupt
and fraudulent practices issued by Bengaluru Co-operative Milk Union Ltd., in
accordance with the above sub para 1.8 (d).
1.10 Insurance company shall be aware of the provisions on fraud and corruption
stated in the standard contract under the clauses indicated in the Data Sheet.

2. CLARIFICATION AND AMENDMENT OF TENDER DOCUMENTS

2. Insurance company may request a clarification of any item of the tender


document up to the number of days indicated in the Data Sheet before the
Proposal submission date. Any request for clarification must be sent in writing
by paper mail, to the Client’s address indicated in the Data Sheet. The Client
will respond by cable, telex, facsimile, or electronic mail to such requests and
will send copies of the response (including an explanation of the query but
without identifying the source of inquiry) to all invited consultants who intend
to submit proposals.
2.2 At any time before the submission of Proposals, the Client may, for any
reason, whether at its own initiative or in response to a clarification requested
by an invited consultant, modify the tender documents by amendment. Any
amendment shall be issued in writing through addenda. Addenda shall be
sent by mail, cable, telex, facsimile, or electronic mail to all invited consultants
and will be binding on them. The Client may at its discretion extend the
deadline for the submission of Proposals.
8

3. PREPARATION OF PROPOSAL
3.1 Insurance company are requested to up-load a Proposal (para 1.2) written in
the language(s) specified in the Data Sheet.
Technical Proposal
3.2 In preparing the Technical Proposal, Insurance Company are expected to
examine the documents comprising this tender in detail. Material deficiencies
in providing the information requested may result in rejection of a Proposal.
3.3 While preparing the Technical Proposal and servicing the policy, Insurance
company must give particular attention to the following:
(i) If an Insurance company considers that it does not have all the expertise
for the Assignment, it may obtain a full range of expertise by associating with
individual Insurance Company (s) or entities in a joint venture or consultants,
as appropriate. Insurance company may associate with the other Insurance
Company invited for this Assignment only with approval of the Client as
indicated in the Data Sheet. Insurance company must obtain the approval of
the client.
3.4 The Technical Proposal should provide the following information using the
attached Standard Forms:
(i) A brief description of the Insurance Company’s organization and an
outline of recent experience on assignments of a similar nature. For
each assignment, the outline should indicate, inter alia, the profiles and
names of the staff provided, duration of the assignment, contract
amount, and Insurance Company’s involvement.
(ii) Any comments or suggestions on the Terms of Reference and on the
data, a list of services, and facilities to be provided by the Client
(iii) A description of the methodology and work plan for performing the
assignment
(iv) The list of the proposed staff team by speciality, the tasks that would
be assigned to each staff team member, and their timing.
(v) A detailed description of the proposed methodology, staffing, and
monitoring of insurance claims,
3.5 The Technical Proposal shall not include any financial information.

Financial Proposal

3.6 In preparing the Financial Proposal, Insurance company are expected to take
into account the requirements and conditions/nature of policies, type of assets
etc,. of the tender documents. The Financial Proposal should follow Standard
Forms (Section 4). It lists all costs associated with the Insurance coverage’s /
risks
3.7 Insurance company shall express the price of their premium / services in
Indian Rupees.
9

3.8 The Data Sheet indicates how long the proposals must remain valid after the
submission date. During this period, the Insurance Company is expected to
keep available the key professional staff proposed for the assignment. The
Client will make its best effort to complete negotiations within this period.

4. SUBMISSION, RECEIPT, AND OPENING OF PROPOSALS

4.1 The original Proposal (Technical Proposal and Financial Proposal; see para
1.2) shall be prepared and to be up-loaded through e-procurement portal.. For
any assistance please contact e-governance department, GOK.
4.2 The representative’s authorization is confirmed by a written power of attorney
accompanying the Proposal.
4.3 For each Proposal, the Insurance Company should prepare the number of
copies indicated in the Data Sheet.
4.4 The “Technical Proposal,” and the Financial Proposal shall be up-load
through e-procurement portal only.
4.5 After the deadline for submission of proposals the Technical Proposal
shall be opened immediately by the evaluation committee. The Financial
Proposal shall remain sealed and deposited with the Client until all submitted
proposals are opened publicly.

4. PROPOSAL EVALUATION General

5.1 From the time the proposals are opened to the time the contract is awarded, if
any Insurance company wishes to contact the Client on any matter related to
its proposal, it should do so in writing at the address indicated in the Data
Sheet. Any effort by the Insurance Company to influence the Client in the
Client’s proposal evaluation, proposal comparison or contract award decisions
may result in the rejection of the proposal.

5.2 Evaluators of Technical Proposals shall have no access to the Financial


Proposals until the technical evaluation, including its approval by competent
authority is obtained

Evaluation of Technical Proposals

5.3 The evaluation committee appointed by the Client as a whole, and each of its
members individually, evaluates the proposals on the basis of their
responsiveness to the Terms of Reference, applying the evaluation criteria, A
proposal shall be rejected at this stage if it does not respond to important
aspects of the Terms of Reference. The proposal shall be of tailor made to
suit Bengaluru Co-operative Milk Union Ltd., requirement and any deviation
shall clearly be mentioned and it is the discretion of Bengaluru Co-operative
Milk Union Ltd., to accept OR reject the deviations if any.
10

Public Opening and Evaluation of Financial Proposals; Ranking

5.4 After the evaluation of quality is completed, the Bengaluru Co-operative Milk
Union Ltd., shall notify those Insurance company whose proposals did not
meet the requirement or were considered non-responsive to the tender/RFP
and Terms of Reference, indicating that their Financial Proposals will be
returned unopened after completing the selection process. The Bengaluru Co-
operative Milk Union Ltd., shall simultaneously notify the Insurance
companies that have qualified technically, indicating the date and time set for
opening the Financial Proposals. The notification may be sent by registered
letter, cable, telex, and facsimile, or electronic mail, phone.
5.5 The Financial Proposals shall be opened publicly in the presence of the
Insurance companies’ representatives who choose to attend. The name of the
Insurance Company, the premium prices quoted shall be read aloud and
recorded when the Financial Proposals are opened and minted.
5.6 The evaluation committee will determine whether the Financial Proposals are
complete, (i.e., whether they have coasted all items of the corresponding
Technical Proposals, if not, the Client will cost them and add their cost to the
initial price), correct any computational errors.
5.7 The lowest Bid Proposal will be considered.

6. NEGOTIATIONS

6.1 Negotiations will be held at the address indicated in the Data Sheet. The aim
is to reach agreement on all points and sign a contract.
6.2 Negotiations will include a discussion of the Technical Proposal, the proposed
methodology (work plan). The agreed work plan and final Terms of Reference
will then be incorporated in the “Description of Services” and form part of the
contract.

7. AWARD OF CONTRACT

7.1 The contract for insurance coverage’s will be awarded following negotiations.
7.2 The Insurance company is expected to commence the Assignment on the
date and at the location specified in the Data Sheet / as informed later.

8. CONFIDENTIALITY

8.1 Information relating to evaluation of proposals and recommendations


concerning awards shall not be disclosed to the consultants who submitted
the proposals or to other persons not officially concerned with the process,
until the winning firm has been notified that it has been awarded the contract.
11

DATA SHEET
Information to Insurance Company Clause Reference

The name of the Client is: Bengaluru Co-operative Milk Union Ltd.,
The method of selection is: 1) Based on insurance coverage’s,
2) Insurance service proposed,
3) claim settlement methodology,
4) fast settlement of claims,
5) system of keeping the records,
6) Traceability of documents, claims, etc,.
Educating and follow up with the client regarding
ease of operation of claims
7) communication facility proposed,
8) deviations with respect to tender terms,
9) Insurance terms suitability to Bengaluru Co-
operative Milk Union Ltd., Omissions of
coverage’s
A technical and a Financial YES
Proposals are requested:
The name, objectives and Insurance for active milk producers of dairy
description of the Assignment cooperative societies for the period of one year.
are:
The Assignment is Insurance coverage’s for a period of ONE YEAR
The Client will provide the No. Of active milk producers of dairy cooperative
following inputs: societies requires for insurance coverage’s
The clauses on fraud and Managing Director ,
corruption in the contract are Bengaluru Co-operative Milk Union Ltd.,
Sub-Clause 2.7.1 of G.C.C. Ph : 080 - 26096295
Clarifications may be requested
upto one day prior / before the
submission date.
The address for requesting
clarifications is
Proposals should be submitted in English
the following language
Proposals must remain valid 90 Valid from Opening of Bid date to 90 days.
days after the submission date
The proposal submission Bengaluru Co-operative Milk Union Ltd.,
address is: DRC Post, Dr. MH Marigowda Road,
Bengaluru -560 029.
12

SECTION 3. TECHNICAL PROPOSAL - STANDARD FORMS

3A. Technical Proposal submission form.


3B. Insurance Company’s references.

3A. TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date] FROM: (Name of TO: (Name and Address of Client)


Insurance Company)
______________________ ______________________________
______________________ ______________________________
______________________ ______________________________

Ladies/Gentlemen:
Subject : provide Insurance for active milk producers of dairy
Co-operative societies for the period of one year.
--------------------------------------------------------

We, the undersigned, offer to provide the INSURANCE COVERAGE services for
the above in accordance with your Request for Proposal / TENDER, and our Proposal.
We are hereby submitting our Proposal which includes this Technical Proposal, and a
Financial Proposal.

If negotiations are held during the period of validity of the Proposal, we undertake to
negotiate on the basis of actual services / coverage’s required. Our Proposal is binding
upon us and subject to the modifications resulting from contract negotiations.
We understand you are not bound to accept any Proposal you receive.
We remain,

Yours sincerely,
Authorized Signature:
Insurance company & Address
13

3b. Insurance Company’s REFERENCES Relevant Services Carried Out in the


Last Five Years That Best Illustrate Qualifications

Using the format below, provide information on each


reference assignment for which your firm/entity, either
individually as a corporate entity or as one of the major
companies within an association, was legally
contracted. Assignment Name:

Name of Client:

Address:

Start Date (Month/Year): Completion Date Approx. Value of


Services/Sum insured

Name of Senior Staff (Director/Coordinator, Team Leader) involved and functions


performed:

Narrative Description of Insurance Policies / coverage’s executed:

Description of Actual Services provided:

Details of claim disbursement :

Any other relevant information’s / data’s

Company turn over details

Staff details of branch

Turn over details of the branch


14

SECTION 4

FINANCIAL PROPOSAL - STANDARD FORMS


FINANCIAL PROPOSAL SUBMISSION FORM

[Location, Date] FROM: (Name of TO: (Name and Address of Client)


Insurance Company)
______________________ ____________ ______________________________
______________________________

Subject: provide Insurance for active milk producers of dairy


Cooperative societies for the period of one year.

--------------------------------------------------------------

We, the undersigned, offer to provide the Insurance services for the above in
accordance with your Request for Proposal / tender, and our Proposal (technical and
Financial Proposals). Our attached financial proposal is for the sum of [Amount in words
and figures].

Our financial proposal shall be binding upon us subject to the modifications


resulting from contract negotiations, up to expiration of the validity period of the
Proposal.

We undertake that, in competing for (and, if the award is made to us, in


executing) the above contract, we will strictly observe the laws against fraud and
corruption in force in India namely “Prevention of Corruption Act 1988”. We understand
you are not bound to accept any Proposal you receive. We remain,

Yours sincerely,

Authorized Signature:
Name and Title of Signatory:

Name of the Insurance Company & Address:


15

SECTION 5

TERMS OF REFERENCE
Terms of Reference should normally contain the following sections:

1. BACKGROUND

2. A CONCISE STATEMENT OF OBJECTIVES

3. AN OUTLINE OF THE TASKS TO BE CARRIED OUT

4. SCHEDULE FOR COMPLETION OF TASKS

5. DATA, SERVICES AND FACILITIES TO BE PROVIDED BY THE CLIENT


16

SECTION VI:
CONTRACT FOR INSURANCE SERVICES
between
____________________________
[Name of Client]
and
____________________________
[Name of Insurance Company]
Dated :
1 CONTENTS
I. FORM OF CONTRACT
II. GENERAL CONDITIONS OF CONTRACT
1. General Provisions
1.1 Definitions
1.2 Law Governing the Contract
1.3 Language
1.4 Notices
1.5 Location
1.6 Authorized Representatives
1.7 Taxes and Duties
2. Commencement, Completion, Modification, and Termination of Contract
2.1 Effectiveness of Contract
2.2 Commencement of Services
2.3 Expiration of Contract
2.4 Modification
2.5 Force Majeure
2.5.1 Definition
2.5.2 No Breach of Contract
2.5.3 Extension of Time
2.5.4 Payments
2.6 Suspension
2.7 Termination
2.7.1 By the Client
2.7.2 By the Insurance company
2.7.3 Cessation of Rights and Obligations
2.7.4 Cessation of Services
2.7.5 Payment upon Termination
2.7.6 Disputes about Events of Termination
3.0 Dispute Settlement
17

I. FORM OF CONTRACT

This CONTRACT (hereinafter called the "Contract") is made the _________ day of the
month of ______________, _____, between, on the one hand, _______________(hereinafter
called the "Client") and, on the other hand, _______________(hereinafter called the "Insurance

company"). [Note : If the Insurance company consist of more than one entity, the above should
be partially amended to read as follows:
“...(hereinafter called the "Client") and, on the other hand, a joint venture consisting of the
following entities, each of which will be jointly and severally liable to the Client for all the
Consultants' obligations under this Contract, namely, ________________ and
_______________________ (hereinafter called the " Insurance companies’.")”].

WHEREAS
(a) the Client has requested the Insurance company to provide certain Insurance services as
defined in the General Conditions of Contract attached to this Contract (hereinafter
called the "Services");

(b) the Insurance company having represented to the Client that they have the required
professional skills, and personnel and technical resources, have agreed to provide
the Services on the terms and conditions set forth in this Contract; and

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of this
Contract:
(a) The General Conditions of Contract (hereinafter called "GC");
(b) The Special Conditions of contract (hereinafter called "SC");
(c) The following Appendices:
Appendix A: Description of the Services _______________
Appendix B: Reporting Requirements _______________
Price schedule / Premium quote ______________________

[Note: If any of these Appendices are not used, the words "Not Used" should be inserted below
next to the title of the Appendix on the sheet attached hereto carrying the title of
that Appendix.].
2. The mutual rights and obligations of the Client and the Insurance company shall be as set
forth in the Contract; in particular:
(a) The Insurance company shall carry out the Services in accordance with the provisions of the
Contract; and
(b) The Client shall make payments to the Insurance company in accordance with the provisions
of the Contract.
18

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in
their respective names as of the day and year first above written.

FOR AND ON BEHALF OF [NAME OF THE CLIENT]

By

(Authorized Representative)
FOR AND ON BEHALF OF [NAME OF THE Insurance company]

By

(Authorized Representative)
[Note: If the Insurance company consist of more than one entity, all of these entities should
appear as signatories, ]
19

II. GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:

"Applicable Law" means the laws and any other instruments having the force of
law in India, as they may be issued and in force from time to time;
Consultant means the Insurance Company
"Contract" means the Contract signed by the Parties, to which these General
Conditions of Contract (GC) are attached, together with all the documents listed
in Clause 1 of such signed Contract;
“Effective Date” means the date on which this Contract comes into force and
effect pursuant to Clause GC 2.1
“Contract Price” means the price to be paid for the performance of the Services,
in accordance with Clause 6;
"GC" means these General Conditions of Contract;
" BAMUL" means the Bengaluru Co-Operative Milk Union Ltd,.
"Local currency" means Indian Rupee;
"Member", in case the Insurance company consist of a joint venture of more than
one entity, means any of these entities, and "Members" means all of these
entities; ‘Member in Charge’ means the entity specified in the SC to act on their
behalf in exercising all the Consultants’ rights and obligations towards the Client
under this Contract.
"Party" means the Client or the Insurance Company, as the case may be, and
Parties means both of them;
"Personnel" means persons hired by the Consultants or by any Sub-consultant
as employees and assigned to the performance of the Services or any part
thereof; and ‘key personnel’ means the personnel referred to in Clause GC4.2 (a)
"SC" means the Special Conditions of Contract by which these General
Conditions of Contract may be amended or supplemented;
"Services" means the work to be performed by the Insurance company pursuant
to this Contract as described in Appendix A; and
"Sub-consultant" means any entity to which the Insurance Company subcontract
any part of the Services in accordance with the provisions of Clauses 3.5 and 4.
‘Third party” means any person or entity other than the Bengaluru Co-operative Milk
Union Ltd., the Client, the Consultants, or a Sub-Consultant.
20

1.2 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between the
Parties shall be governed by the Applicable Law.

1.3 Language

This Contract has been executed in English language, which shall be the binding
and controlling language for all matters relating to the meaning or interpretation of this
Contract.

1.4 Notices

Any notice, request or consent made pursuant to this Contract shall be in writing
and shall be deemed to have been made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when sent by
registered mail, telex, telegram or facsimile to such Party at the address specified in the
SC.

1.5 Location

The Services shall be performed at such locations as are specified in appendix


A and, where the location of a particular task is not so specified, at such locations,
whether in Karnataka or elsewhere, as the Client may approve.

1.6 Authorized Representatives

Any action required or permitted to be taken, and any document required or


permitted to be executed, under this Contract by the Client or the Consultants may be
taken or executed by the officials specified in the SC.

1.7 Taxes and Duties

The Consultants, Sub-consultants and their Personnel shall pay such taxes,
duties, fees and other impositions as may be levied under the Applicable Law, the
amount of which is deemed to have been included in the Contract Price.
21

2. Commencement, Completion, Modification and termination of Contract

2.1 Effectiveness of Contract

This Contract shall come into effect on the date the Contract is signed by both
Parties or such other later date as may be stated in the SC.

2.2 Commencement of Services

The Consultants shall begin carrying out the Services from the date the Contract
becomes effective, or at such other date as may be specified in the SC.

2.3 Expiration of Contract

Unless terminated earlier pursuant to Clause 2.7, this Contract shall terminate at
the end of such time period after the Effective Date as is specified in the SC. ONE
YEAR PERIOD

2.4 Modification

Modification of the terms and conditions of this Contract, including any


modification of the scope of the Services or of the Contract Price, may only be made by
written agreement between the Parties.

2.5 Force Majeure


2.5.1 Definition

For the purposes of this Contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party, and which makes a Party's performance of its
obligations under the Contract impossible or so impractical as to be considered
impossible under the circumstances.

2.5.2 No Breach of Contract

The failure of a Party to fulfil any of its obligations under the contract shall not be
considered to be a breach of, or default under this Contract insofar as such inability
arises from an event of Force Majeure, provided that the Party affected by such an
event (a) has taken all reasonable precautions, due care and reasonable alternative
measures in order to carry out the terms and conditions of this Contract, and (b) has
informed the other Party as soon as possible about the occurrence of such an event.
22

2.5.3 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any
action or task, shall be extended for a period equal to the time during which such Party
was unable to perform such action as a result of Force Majeure.

2.5.4 Payments

During the period of their inability to perform the Services as a result of an event
of Force Majeure, the Consultants shall be entitled to continue to be paid under the
terms of this Contract, as well as to be reimbursed for additional costs reasonably and
necessarily incurred by them during such period for the purposes of the Services and in
reactivating the Service after the end of such period. Any assets subsequently added.
The same shall be insurance covered and the additional premium amount will be paid
by Bengaluru Co-operative Milk Union ltd.

The Premium payment shall be made by Bamul Trust Bengaluru Co-operative


Milk Union ltd.,’s against the premium notice served by the insurance company
prior to the commencement of insurance coverage / start period.

2.6 Suspension:

The Client may by written notice of suspension to the Consultants, suspend all
payments to the Consultants hereunder if the Consultants fail to perform any of their
obligations under this contract, including the carrying out of the Services, provided that
such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request
the Consultants to remedy such failure within a period not exceeding thirty (30) days
after receipt by the Consultants of such notice of suspension.

2.7 Termination
2.7.1 By the Client
The Client may terminate this Contract, by not less than thirty (30) days’ written
notice of termination to the Consultants, to be given after the occurrence of any of the
events specified in paragraphs (a) through (d) of this Clause 2.7.1 and sixty (60) days’
in the case of the event referred to in (e):

(a) if the Consultants do not remedy a failure in the performance of their


obligations under the Contract, within thirty (30) days of receipt after being
notified or within such further period as the Client may have subsequently
approved in writing;
23

(b) if the Consultants (or any of their Members) become insolvent or bankrupt;
(c) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
or
(d) if the consultant, in the judgment of the Client has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract.
For the purpose of this clause: “Corrupt practice” means the offering, giving,
receiving or soliciting of anything of value to influence the action of a public
official in the selection process or in contract execution. “Fraudulent practice”
means a misrepresentation of facts in order to influence a selection process
or the execution of a contract to the detriment of GOK, and includes collusive
practice among consultants (prior to or after submission of proposals)
designed to establish prices at artificial non-competitive levels and to deprive
GOK of the benefits of free and open competition.
(e) if the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.

2.7.2 By the Insurance Company

The Consultants may terminate this Contract, by not less than thirty (30)
days' written notice to the Client, such notice to be given after the
occurrence of any of the events specified in paragraphs (a)
through (c) of this Clause 2.7.2:

(a) if the Client fails to pay any monies due to the Consultants pursuant to this
Contract and not subject to dispute pursuant to Clause 7 hereof within forty-five
(45) days after receiving written notice from the Consultants that such payment is
overdue;

(b) If the Client is in material breach of its obligations pursuant to this Contract
and has not remedied the same with in forty-five (45) days (or such longer period
as the Consultants may have subsequently approved in writing) following the
receipt by the Client of the Consultants’ notice specifying such breach;

(c) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days.

2.7.3 Cessation of Rights and Obligations


Upon termination of this Contract pursuant to Clause GC 2.7 , or upon expiration
of this Contract pursuant to Clause GC 2.3, all rights and obligations of the
Parties hereunder shall cease, except :
24

(i) such rights and obligations as may have accrued on the date of
termination or expiration;
(ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof;
(iii) the Consultants’ obligations to permit inspection, copying and auditing of their
accounts and records set forth in Clause GC3.5 (ii) hereof; and (iv) any right which
a Party may have under the Applicable Law.

2.7.4 Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant to
Clauses GC 2.7.1 or GC 2.7.2 hereof, the Consultants shall, immediately upon
dispatch or receipt of such notice, take all necessary steps to bring the Services to
a close in a prompt and orderly manner and shall make every reasonable effort to
keep expenditures for this purpose to a minimum. With respect to documents
prepared by the Consultants and equipment and materials furnished by the Client,
the Consultants shall proceed as provided, respectively, by Clauses GC 3.8 and
GC 3.9.

2.7.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses GC 2.7.1 or GC 2.7.2


hereof, the Client shall make the following payments to the Consultants (after
offsetting against these payments any amount that may be due from the
Consultant to the Client): in similar manner, the insurance company shall be
reimbursed the premium amount collected on pro-rata basis as per IRDA norms.
1. remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed
prior to the effective date of termination;
2. reimbursable expenditures pursuant to Clause GC 6 hereof for expenditures
actually incurred prior to the effective date of termination; and
3. except in the case of termination pursuant to paragraphs (a) through (b) of
Clause GC 2.7.1 hereof, reimbursement of any reasonable cost incident to the
prompt and orderly termination of the Contract.

2.7.6 Disputes about Events of Termination


If either Party disputes whether an event specified in paragraphs (a) through (e)
of Clause GC 2.7.1 or in Clause GC 2.7.2 hereof has occurred, such Party may, within
forty-five (45) days after receipt of notice of termination from the other Party, refer the
matter to arbitration pursuant to Clause GC 7 hereof, and this Contract shall not be
terminated on account of such event except in accordance with the terms of any
resulting arbitral award.
25

3.0 Disputes shall be settled by arbitration in accordance with the following


provisions:
Arbitrators
In case of any difference of opinion with regard to interpretation of any or whole of
the clause MOU, the decision of a 3 member committee consisting of a nominee of
Bamul, Nominee of the Insurance Company and third member mutually agreed
upon shall be final.

Miscellaneous
In any arbitration proceeding hereunder:
(a) Proceedings shall, unless otherwise agreed by the Parties, be held in Bengaluru.
(b) The English language shall be the official language for all purposes
(c) The decision of the sole arbitrator or of a majority of the arbitrators (or of the third
arbitrator if there is no such majority) shall be final and binding and shall be
enforceable in any court of competent jurisdiction, and the Parties hereby waive any
objections to or claims of immunity in respect of such enforcement.

-: CHECK LIST:-
I Here by submitting the Check-List to the best of Knowledge

01 Bio-data of Tenderer uploaded ( Yes/No )

02 IRDAI Registration Certificate ( Yes/No )

03 Documents Furnished to Claim The Eligibility ( Yes/No )

04 Price Quote is uploaded ( Yes/No )

05 Tender Terms and Conditions are accepted ( Yes/No )

Signature of the Tenderer


26

PRICE QUOTE

From Date …………………….


-----------------------------------
-----------------------------------
-----------------------------------

To:
The Managing Director,
Bengaluru Co-operative Milk Union Ltd.,
BENGALURU – 560 029.

Subject: Insurance for active milk producers of dairy cooperative societies for the
Period of one year-reg.
Ref : No. Bamul/Trust/E-Tender/ND/ 31 /2019-20 Date:-09.10.2019

With reference to the above I/We here with submitting my/our price
quote the premium Rate as mentioned below

Premium Amount In words


DESCRIPTION Sum Insured in Rs.
%
Provide Insurance for For death of Sum
Approximate 2 lakh Insured Rs.1.00
milk producers of dairy lakhs (Rupees One
cooperative societies lakhs only)
for the period of one
year.

The above Premium rate is inclusive of all taxes and others

I/We hereby once again confirm that I/We have thoroughly studied the tender Document and
understand the tender condition s tender / Instructions / Specification/ details. I/We fully
understand the nature of service to be rendered. My/ Our offer to provide service is strictly in
accordance with these requirements. I/We hereby agree that the decision of Managing Director,
Bengaluru Co-operative Milk Union Ltd., shall be final in any dispute regarding the Insurance
coverage, terms and conditions as detailed in Tender

Signature of Tenderer/ Company


Date: With seal

Place:
27

BENGALURU MILK UNION LTD : BENGALURU-29

TENDER NO: Bamul/Trust/E-Tender/ND/ 31 /2019-20 Date:-09.10.2019

I T E M : Group Term Life Insurance


NAME OF THE INSURANCE COMPANY
REGD. HEAD OFFICE AT
REGD. OFFICE IN BENGALURU

LAND LINE
E-MAIL I.D.

IRDAI REGN.
PAN NO./ CERTIFICATE
CONTACT PERSON
NAME :
DESINGNATION :
CONTACT PH NUMBER :

I.T. CLEARANCE
CERTIFICATE
PERFORMANCE
CERTIFICATE
ANY OTHER
INFORMATION

Signature of Authorized
Person of Insurance Co.,

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