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Transcript of 2 UPS Battary Tender Document 10-11-2012rayatshikshan.edu/WebFiles/2 UPS_Battary Tender...
PRIVATE & CONFIDENTIAL
NOT FOR CIRCULATION
Rayat Shikshan Sanstha ,Satara
Karmaveer Samadhi Parisar,Satara
Dist –Satara 415 002 , Maharashtra
Web Site - http://www.rayatshikshan.edu mail : [email protected]
Phone Number: (02162)234566,233857,232444
TENDER DOCUMENT
Tender Notice Number : UPS_Batteries – 12/2012
Tender Reference Number : UPS_Batteries – 12/2012
Last Date for Submission : Date 30 /11/2012 5.00 PM Of Sealed Tender
Description of Work:
SUPPLY, INSTALLATION AND COMPREHENSIVE MAINTENANC OF .
UPS BATTERIES (SMF) - 12 V / 7AH/ 7.2 AH/ 9 AH Make - Exide / Trentech /
Panasonic / Champion 1 KVA UPS - 3 No of SMF Batteries 3 KVA UPS – 8 No of SMF Batteries (Total - 422 UPS-1 KVA- 272 UPS & 3 KVA - 150 UPS)
Issued To: Name of the bidder
Price of Tender Copy: Rs. 3000/-
2
Tender Notice No. : UPS_Batteries /12/2012
Name of Organization :
Name And Designation Of Receiver:
Address :
Telephone : Fax:
E-mail : Website :
Receipt Number : ___________________
Date and Time : ___________________ Place : ______________
Name And Designation Of Issuing Person :
Signature Of Issuing Person :
SUPPLY, INSTALLATION AND COMPREHENSIVE MAINTENANC OF .
UPS BATTERIES (SMF) - 12 V / 7AH/ 7.2 AH/ 9 AH Make - Exide / Trentech /
Panasonic / Champion 1 KVA UPS - 3 No of SMF Batteries & 3 KVA UPS – 8 No of SMF Batteries (Total - 422 UPS-1 KVA- 272 UPS & 3 KVA - 150 UPS)
a. Price of Tender document1 :
3000/-
b. Date of collection of Tender document : 20 /11/2012 To 30 /11/2012
c. Last date and time for submission :
of application for Tender document 30 /11/2012 5.00 PM
d. Time and date of opening of Technical :
Tenders
e. Place of opening of Tenders : Head office ,Rayat Shikshan Sanstha,
Satara
f. Address for communication : Secretary , Rayat Shikshan Sanstha ,
Karmaveer Samadhi Parisar, Satara
Dist-Satara 415 002 , Maharashtra
Website: www.rayatshikshan.edu
E-maill:[email protected]
(02162) 234566, 233857, 232444
1 Tender document is non-transferable.
3
TENDER DOCUMENT
FOR
SUPPLY, INSTALLATION AND COMPREHENSIVE MAINTENANC OF .
UPS BATTERIES (SMF) - 12 V / 7AH/ 7.2 AH/ 9 AH Make - Exide / Trentech /
Panasonic / Champion 1 KVA UPS - 3 No of SMF Batteries 3 KVA UPS – 8 No of SMF Batteries (Total - 422 UPS-1 KVA- 272 UPS & 3 KVA - 150 UPS)
a. Supply, Installation and Comprehensive Maintenance of UPS BATTERIES (SMF)
listed in the Technical Specifications.
b. Technical support to all these UPS BATTERIES (SMF) during the warranty
period.
c. Provide regular updates and upgrades for the UPS BATTERIES (SMF).
4
SECTION INDEX
………………………………………………………………………………………………
SECTION NO. SECTION PAGE NO
………………………………………………………………………………………………
I INVITATION FOR BIDS (IFB) 05
………………………………………………………………………………………………
II INSTRUCTIONS TO BIDDERS (ITB) 07
………………………………………………………………………………………………
III GENERAL CONDITIONS OF CONTRACT (GCC) 22
………………………………………………………………………………………………
IV SPECIAL CONDITIONS OF CONTRACT (SCC) 34
………………………………………………………………………………………………
V TECHNICAL SPECIFICATIONS 41
………………………………………………………………………………………………
VI QUALIFICATION CRITERIA 44
………………………………………………………………………………..……………
VII BID FORM 46
………………………………………………………………………………………………
VIII AGREEMENT FORM 49
………………………………………………………………………………………………
IX PERFORMANCE SECURITY FORM 52
………………………………………………………………………………………………
X MANUFACTURER’S AUTHORIZATION FORM 54
………………………………………………………………………………………………
XI CAPABILITY STATEMENT 56
………………………………………………………………………………………………
XII LIST OF ELIGIBLE COUNTRIES 63
………………………………………………………………………………………………
XIII VENDOR DETAILS 65
………………………………………………………………………………………………
XIV DETAILS OF SERVICE CENTRES 67
5
SECTION I : INVITATION FOR BIDS (IFB)
6
SECTION I : INVITATION FOR BIDS (IFB)
Secretary, Rayat Shikshan Sanstha, Satara (hereinafter referred to as “Purchaser having its registered office at Rayat
Shikshan Sanstha ,Satara , Invites sealed bids from eligible bidders for the supply, installation and comprehensive
maintenance of
SUPPLY, INSTALLATION AND COMPREHENSIVE MAINTENANC OF .
UPS BATTERIES (SMF) - 12 V / 7AH/ 7.2 AH/ 9 AH Make - Exide / Trentech /
Panasonic / Champion 1 KVA UPS - 3 No of SMF Batteries 3 KVA UPS – 8 No of SMF Batteries (Total - 422 UPS-1 KVA- 272 UPS & 3 KVA - 150 UPS)
1. all as per the listing in the Section V (Technical Specifications) of this document.
2. Interested eligible Bidders may obtain the Tender documents from:
3. A complete set of Tender documents may be purchased as mentioned below on payment of Rs.
3000/- by Cash or DD, drawn in favour of ` Secretary, Rayat Shikshan Sanstha, Satara payable at
Satara.
a. Price of Tender document2 : 3000/-
b. Date of collection of Tender document : 20/11//2012
c. Last date and time for submission of :
application for Tender document 30 /11/2012 5.00 PM
d. Time and date of opening of Technical Tenders :
e. Place of opening of Tenders : Head office ,Rayat Shikshan Sanstha, Satara
f. Address for communication : Secretary , Rayat Shikshan Sanstha ,
Karmaveer Samadhi Parisar, Satara
Dist-Satara 415 002, Maharashtra
Website: www.rayatshikshan.edu
(02162) 234566, 233857, 232444
4. All bids must be accompanied by a bid security as specified in the bid document and must be
delivered to the above office on or before the date and time indicated above.
5. Bids will be opened in the presence of Bidders or their authorized representatives (with the
authority letter from the bidder), who choose to attend on the specified date and time and at the
specified place.
6. In the event of the date specified for receipt and opening of bid being declared as a holiday for
the Purchaser, the due date for submission of bids and opening of bids will be the following
working day at the appointed time(s) / places(s).
2 Tender document is non-transferable.
7
SECTION II: INSTRUCTIONS TO BIDDERS (ITB)
8
SECTION II: INSTRUCTIONS TO BIDDERS
TABLE OF CLAUSES --------------------------------------------------------------------------------------------------------------
CLAUSE NO. TOPIC PAGE NO. --------------------------------------------------------------------------------------------------------------
A. Introduction
1. Source of funds 10 2. Eligible Bidders 10
3. Eligible goods and services 11
4. Cost of Bidding 11
B. The Bidding Documents
5. Contents of Bidding Documents 11
6. Clarification of Bidding Documents 11
7. Amendment of Bidding Documents 12
C. Preparation of Bids
8. Language of Bid 12
9. Documents comprising the Bid 12 10. Bid Form 13
11. Bid Prices 13 12. Bid Currency 13
13. Documents establishing Bidder’s eligibility and qualification 13
14. Documents establishing Goods eligibility and conformity to Bid Documents 14
15. Bid Security 15
16. Period of validity of Bids 15
17. Format and Signing of Bid 15
D. Submission of Bids
18. Sealing and Marking of Bids 16
19. Deadline for submission of bids 17
20. Late Bids 17
21. Modification and withdrawal of Bids 17
E. Opening And Scrutiny of Technical Bids
22. Opening of Bids by the Purchaser 17
23. Clarification of Bids 18 24. Preliminary Examination 18
25. Evaluation and Comparison of Financial Bids 18 26. Contacting the Purchaser 19
9
--------------------------------------------------------------------------------------------------------------
CLAUSE NO. TOPIC PAGE NO.
--------------------------------------------------------------------------------------------------------------
F. Award of Contract
27. Post-qualification 20 28. Award Criteria 20
29. Purchaser’s Right to Vary Quantities at Time of Award 20
30. Purchaser’s Right to Accept any Bid and to
Reject Any or All Bids 20
31. Notification of award 20
32. Signing of Contract 21
33. Performance Security 21
34 Security Deposit 21
35. Corrupt and / or Fraudulent practices 21
36. Interpretation of the Clauses in the Tender 21
Tender Document / Contract Document
10
A. INTRODUCTION
1 Source of Funds
1.1 The Purchase Order for the purchase of these equipments will be issued by the
Secretary, Rayat Shikshan Sanstha, Satara and the payment for the supply of the items
mentioned in the said purchase orders will be made directly by Secretary, Rayat
Shikshan Sanstha, Satara
2 Eligible Bidders
2.1 This invitation for Bids is open to all reputed original equipment manufacturers/
authorized distributors in the field of:
SUPPLY, INSTALLATION AND COMPREHENSIVE MAINTENANC OF .
UPS BATTERIES (SMF) - 12 V / 7AH/ 7.2 AH/ 9 AH Make - Exide / Trentech /
Panasonic / Champion 1 KVA UPS - 3 No of SMF Batteries 3 KVA UPS – 8 No of SMF Batteries (Total - 422 UPS-1 KVA- 272 UPS & 3 KVA - 150 UPS)
2.2
2.3 (who are authorized to supply the equipment and provide warranty on behalf of the
respective original equipment manufacturers),
And who have their sales and support office(s) in the State of Maharashtra, INDIA.
2.4 The Bidder should have been in the business of sales and support of:
• Hardware equipments, Software supply and Lcd projectors, Spekar set for the last five years, having an annual turnover exceeding Rs. 1,00,00,000 consistently for
the last three years and should have executed at least one single order of not less
than Rs. 10,00,000 for supply, installation and commissioning of a similar job at the client site.
2.5 The Bidder should be able to support all the purchaser’s locations in Maharashtra and
attend to the problem within 24 hours of being informed thereof.
2.6 Bidders should not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the Purchaser in accordance with the Clause 35 of I.T.B
2.7 The Bidder should have done minimum 5 similar jobs before. Bidders need to prove
their expertise on similar jobs.
2.8 The Bidder should be able to understand the requirements and specifications and provide design diagrams if required.
2.9 The Bidder should have proper knowledge and expertise in handling such software.
2.10 Bidders should have a proper and complete infrastructure required to carry out the
survey and analysis of the entire project.
2.11 Bidders should have tie-ups with at least 2 different World Class Hardware, Software
and Networking, Lcd projectors, Spekar set Corporates. The Bidder should highlight the type of tie-up / partnership with such organizations and furnish documentary
proof.
11
3 Eligible Goods and Services
3.1 All goods and ancillary services to be provided under the Contract shall have their origin in eligible countries, and all expenditures made under the contract will be
limited to such goods and services. Refer Section XII for List of Eligible Countries.
3.2 For purpose of this clause, “origin” means the place where the goods are from or from
which the ancillary services are supplied. Goods are produced when, through
manufacturing, processing or substantial or major assembling of components, a
commercially recognized product results that is substantially different in basic
characteristics or in purpose or utility from its components.
4 Cost of Bidding
4.1 Bidder shall bear all the costs associated with the preparation and submission of its
bid. The Purchaser shall in no case be responsible or liable for these costs, regardless of the conduct or the outcome of the bidding process.
B. THE BIDDING DOCUMENTS
5 Contents of Bidding Documents
5.1 The goods required, bidding procedure and contract terms are prescribed in the
bidding documents. In addition to the Invitation for Bids, the bidding documents
include:
a) Instructions to Bidders (ITB);
b) General Conditions of Contract (GCC);
c) Special Conditions of Contract (SCC);
d) Technical Specifications;
e) Bid Form;
f) Contract Form;
g) Performance Security Form;
h) Manufacture’s Authorization Form;
i) Capability Statement Form;
j) List of Eligible Countries;
k) Bank Solvency Certificate;
5.2 The Bidder is expected to examine all instructions, forms, terms and specifications in
the bidding documents. Failure to furnish all information required by the bidding
documents or submission of a bid not substantially responsive to the bidding
documents in every respect will be at the Bidder’s risk and may result in rejection of
its bid.
6 Clarification of Bidding Documents
6.1 A prospective Bidder requiring any clarification of the bidding documents shall
contact Purchases in writing at Purchaser’s Head office Rayat Shikshan Sanstha,
Karmaveer Samadhi Parisar, Satara The Purchaser will respond in writing to any
12
request for the clarification of any biding documents, which it receives three days
prior to deadline for submission of bids as prescribed by the Purchaser.
7 Amendment of Bidding Documents
7.1 At any time prior to the deadline for submission of bids, the Purchaser may, for any
reason, whether on its own initiative or in response to the clarification request, if any, by a prospective bidder, modify the bidding documents.
7.2 All prospective eligible bidders who have received the bidding documents will be
notified of the amendment in writing and the amendment will be binding on them.
7.3 In order to allow prospective bidders a reasonable time to take the amendments into consideration, if any, while preparing their bids the Purchaser, at its discretion, may
extend the deadline for the submission of bids.
C. PREPARATION OF BIDS
8 Language of Bid
8.1 The bid prepared by the Bidder, as well as all correspondence and documents relating
to the bid submitted by the Bidder to the Purchaser shall be in English language. Supporting documents and printed literature furnished by the Bidder may be in
another language provided they are accompanied by an appropriate translation of the relevant document in the English language and in such a case, for purpose of
interpretation of the bid, the translation shall prevail.
9 Documents Comprising the Bid
9.1 The Bid shall comprise two envelops submitted simultaneously, one containing the
Technical Bid and the other containing the Financial Bid.
9.2 Initially, only the Technical Bids will be opened on the date and at the address, and time specified in ITB 22 and evaluated by the Purchaser. The Financial Bids will
remain sealed and be held in custody of the Purchaser. No amendments or changes to the Technical Bids will be permitted. Bids which do not conform to the specified
requirements will be rejected as deficient bids. The Bidder should bid for all work in the Technical Specifications.
9.3 Financial Bids of technically compliant bids will be subsequently opened publicly on
the date and at the address and time to be decided and advised by the Purchaser. The
Financial Bids will be evaluated and the contract awarded to the Bidder as per the clause 28 herein below.
9.4 The Technical Bid shall contain the following :
a) Technical Bid Submission Sheet with all items with correct technical
specifications;
b) Documents establishing evidence in accordance with ITB Clause 13 that the
Bidder is eligible to bid and is qualified to perform the contract if its bid is
accepted;
c) Documents establishing evidence in accordance with ITB Clause 14, that the
goods and ancillary services to be rendered by the Bidder are eligible goods and
services and conform to the bidding documents; and
d) Bid security furnished in accordance with ITB Clause 15.
9.5 The Financial Bid shall contain the following:
13
a) A bid Form and a Price Schedule completed in accordance with ITB Clauses 10,
11 and 12;
10 Bid Form
10.1 The Bidder shall complete the Bid Form and the appropriate Price Schedule furnished
in the documents indicating the goods to be supplied, a brief description of the goods, Name of the Manufacturer and their country of origin, quantity and prices.
11 Bid Prices
11.1 The Bidder shall indicate the unit price and total bid prices of the goods it proposes to
supply under the Contract as per the technical specifications mentioned in section V.
The Bidder shall indicate price for various slabs of purchases in the lot of 1, 5, 10, 25,
50, 100, 250, 500, 1000, 1500, 3000, 5000 and 10000 units.
11.2 Prices indicated on the price schedule shall be entered separately in the following
manner:
11.2.1 The prices of the goods quoted should exclude duties, taxes and other applicable statutory charges, already paid or payable:
a) on components and raw material used in the manufacture or assembly of
goods; or
b) on the previously imported goods of foreign origin. .
11.2.2 The prices of the goods quoted should also not include inland transportation,
insurance, octroi and other local costs incidental to delivery of the goods to
their final destination within the municipal limits of the locations specified by
the Purchaser.
11.2.3 The charges, levies, etc. mentioned above in 11.2.1 and 11.2.2 should be
quoted separately.
11.3 The Bidder’s separation of the price components in accordance with the ITB Clause
11.2 above will be solely for the purpose of facilitating the comparison of bids by the Purchaser and will not in any way limit the Purchaser’s right to contract on any of the
terms offered.
11.4 The price should be quoted inclusive of the three years warranty.
12 Bid Currency
12.1 Quoted prices should be mentioned in words as well as figures.
12.2 Prices shall be quoted in Indian Rupees (INR) only.
13 Documents Establishing Bidder’s Eligibility and Qualification
13.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, documents
establishing the Bidder’s eligibility to bid and its capability to perform the Contract if
its bid is accepted.
13.2 The documentary evidence of the Bidder’s eligibility to bid shall establish to the
Purchaser’s satisfaction that the Bidder, at the time of submission of its bid, is from an eligible country as defined in Section XII (List of Eligible Countries).
13.3 The documentary evidence of the Bidder’s qualifications to perform the Contract if
the bid is accepted, shall establish to the Purchaser’s satisfaction:
13.3.1 that, in the case of a Bidder offering to supply goods under the contract which
the Bidder did not manufacture or otherwise produce, the Bidder has been
14
duly authorized (as per authorization form in Section X) by the goods
manufacturer to supply or produce to supply the goods in India.
13.3.2 That, the Bidder has the financial, technical and production capability, if
required, necessary to perform the Contract and the same meets the criteria
outlined in the Qualification Requirements specified in Section VI. To this
end, all bids submitted shall include the following information:
a) The legal status, place of registration and principal place of business of the Bidder, whether a company, firm or partnership, etc;
b) Details of experience and past performance of the Bidder as well as details
of equipment offered and their performance of jobs of similar nature
within the past five years and details of current contracts in hand and other
commitments.
c) Details of Service Centers: information regarding year of establishment,
number of engineers, number of systems maintained from that Service
Centre etc. as per format in Section XI of this bid documents.
d) Reports on the financial standing of the Bidder, such as Profit & Loss
statement, Balance Sheets and auditor’s reports of last three years.
e) Income Tax Clearance Certificate for the past three years
f) Bank Solvency Certificate
g) Certified true copy of latest Memorandum And Articles of Association
(incase of Company) or Certified True Copy of Partnership Deed (incase
of Partnership Firm)
14 Documents Establishing Goods Eligibility and Conformity to Bid Documents.
14.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, documents
establishing the eligibility and conformity to the bidding documents of all goods supplied and services provided that the Bidder proposes to supply / provide under the
contract.
14.2 The documentary evidence of the goods’ eligibility shall consist of a statement in the
price schedule regarding the country of origin of goods offered, which shall be
confirmed by a ‘Certificate of Origin’ at the time of shipment.
14.3 The documentary evidence of conformity of goods and services to the bidding
documents may be in the form of literature, drawing and data, and shall consist of :
a) a detailed description of the essential technical and performance characteristics of the goods;
b) a list giving full particulars, including available sources and current prices of spare
parts, special tools, etc., necessary for the proper and continuing functioning of the
goods for the period of five years following the commencement of the use of the
goods by the Purchaser, and
c) an item-by-item commentary on Purchaser’s Technical Specification demonstrating substantial responsiveness of the goods and services to those
specifications or a statement of deviations and exceptions to the provisions of the
Technical Specifications.
14.4 For purposes of the commentary to be pursuant to ITB Clause 14.3 (c) above, the Bidder shall note that standards for workmanship, material and equipment, and
references to brand names or catalogue numbers designated by the Purchaser in its Technical Specifications are intended to be descriptive only and not restrictive.
15
15 Bid Security
15.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, a Bid
Security for an amount of Rs. 50,000/- in the form of Demand Draft of a
nationalized/scheduled bank, drawn in favor of Secretary, Rayat Shikshan
Sanstha, Satara. The Bid Security shall be submitted using the Bid Security Form included in Section VII, Bid Forms. The form must include the complete name of the
Bidder. The Bid Security shall be valid for a period of one hundred and eighty
(180) days beyond the end of the validity period of the bid. This shall also apply if
the period of the bid validity is extended.
15.2 The Bid Security is required to protect the Purchaser against the risk of the Bidder’s
conduct, which warrants the security forfeiture, pursuant to ITB Clause 15.7.
15.3 The Bid Security shall be in Indian Rupees (INR) only.
15.4 Any bid that is not secured in accordance with ITB Clause 15.1 and 15.3 above will
be rejected by the Purchaser as non-responsive, pursuant to ITB Clause 24.
15.5 Unsuccessful Bidder’s Bid Security will be discharged / refunded as promptly as
possible after receipt of application from the bidder.
15.6 The successful Bidder’s Bid Security will be discharged only upon receipt of the contract duly signed by the Bidder along with furnishing of the performance security
pursuant to ITB Clause 33. The Purchaser shall, return to the successful Bidder, the
Bid Security.
15.7 The Bid Security shall be forfeited:
15.7.1 if a Bidder withdraws its bid during the period of bid validity specified by the
Bidder on the Bid Form;
15.7.2 or in case of a successful Bidder, if the Bidder fails:
a) to sign the Contract in accordance with ITB Clause 32; or
b) to furnish the performance security in accordance with ITB Clause 33.
c) in supplying / installing / commissioning the requisite Desktops, PC
Sharers, Software and Networking Components within the scheduled period
16 Period of Validity of Bids
16.1 Bids shall be valid for 180 days after the date of bid opening prescribed by the
Purchaser, pursuant to ITB Clause 19. A bid valid for a shorter period shall be
rejected by the Purchaser as non-responsive.
16.2 In exceptional circumstances, the Purchaser may solicit the Bidder’s consent to an extension of the period of validity. The request and the responses thereto shall be
made in writing. The Bid Security period provided under ITB Clause 15 shall also be suitably extended. A Bidder may refuse the request without forfeiting its Bid Security.
A Bidder granting the request will not be permitted to modify its bid.
16.3 Bid evaluation will be based on the bid prices.
17 Format and Signing of Bid
17.1 The Bidder shall prepare one original set of the Technical Bid and one original set of
the Financial Bid as described in ITB Clause 9 and clearly mark each “ORIGINAL
TECHNICAL BID” and “ORIGINAL FINANCIAL BID”. In addition, the Bidder
shall submit copies of the Technical Bid and Financial Bid with clear marking “COPY OF TECHNICAL BID” and “COPY OF FINANCIAL BID”. In the event of
any discrepancy between the original and the copies, the original shall prevail.
16
17.2 The original and the photocopy of the bid shall be typed or written in indelible ink and
shall be signed by the Bidder or a person or persons duly authorized to bind the
Bidder to the Contract. The letter of authorization shall be supported by a written power-of-attorney accompanying the bid. All pages of the bid, except for un-amended
printed literature, shall be initialed by the person or persons signing the bid.
17.3 Any interlineations, erasures or overwriting shall be valid only if they are signed by
the person or persons signing the bid.
17.4 The Technical and the Financial bid should be complete in all respects as per the
conditions and technical specifications specified in the tender document. Partially filled bids are liable to get rejected without assigning any reason.
D. SUBMISSION OF BIDS
18 Sealing and Marking of Bids
18.1 The Bidders shall submit the original of the Technical Bid, the original of the Financial Bid, the copy of the Technical Bid and the copy of the Financial Bid each in
separate sealed inner envelops altogether four envelops duly marked as “ORIGINAL TECHNICAL BID”, “ORIGINAL FINANCIAL BID”, “COPY OF TECHNICAL
BID” and “COPY OF FINANCIAL BID”.
18.2 Each of the four envelopes shall be addressed to: Secretary, Rayat Shikshan Sanstha,
Satara” and bear the Invitation for Bids (ITB) title, and a statement
SUPPLY, INSTALLATION AND COMPREHENSIVE MAINTENANC OF .
UPS BATTERIES (SMF) - 12 V / 7AH/ 7.2 AH/ 9 AH Make - Exide /
Trentech / Panasonic / Champion 1 KVA UPS - 3 No of SMF Batteries 3 KVA UPS – 8 No of SMF Batteries (Total - 422 UPS-1 KVA- 272 UPS & 3 KVA - 150 UPS)
18.3 The inner envelopes shall also indicate the name and address of the Bidder to which
the bid will be remain unopened in case it is declared “late”.
18.4 If the envelopes are not sealed and marked as required by ITB Clause 18.2, the Purchaser will assume no responsibility for the bid’s misplacement or premature
opening.
18.5 Telex, email, cable, facsimile, telephonic or courier bids will be rejected.
19 Deadline for Submission of Bids
19.1 Bids must be received by The Purchaser at the address specified under ITB Clause
18.2 not later than the time and date specified in the Invitation for Bids (Section I). In
the event of the specified date for the submission of Bids being declared as a holiday
for the Purchaser, the bids will be received up-to the appointed time on the next
working day.
19.2 The Purchaser may, at its discretion, extend this deadline for submission of bids by
amending the bid documents in accordance with ITB Clause 7, in which case all rights and obligations of the Purchaser and Bidders previously subject to the deadline
will thereafter be subject to the deadline as extended.
20 Late Bids
17
20.1 Any bid received by the Purchaser after the deadline for submission of bids prescribed
by the Purchaser pursuant to ITB Clause 19, will be rejected and/or returned
unopened to the Bidder.
21 Modification and Withdrawal of Bids
21.1 The Bidder may modify or withdraw its bid after submission, provided that written notice of the modification or withdrawal is received by the Purchaser prior to the
deadline prescribed for submission of bids.
21.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and
dispatched in accordance with the provisions in ITB Clause 18. A withdrawal notice
may also be sent by fax but followed by the signed confirmation copy, post marked
not later than the deadline for submission of bids.
21.3 No bid may be modified subsequent to the deadline for submission of bids.
21.4 No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of the bid validity specified by the Bidder on the Bid
Form. Withdrawal of a bid during this interval may result in the bidder’s bid security being forfeited, pursuant to ITB Clause 15.7.1.
E. OPENING AND SCRUTINY OF TECHNICAL BIDS
22 Opening of Bids by the Purchaser
22.1 The Purchaser will open all ORIGINAL Technical Bids in the presence of the Bidders
or their representatives (having the authority letter) who choose to attend, at the
Purchaser’s office .
22.2 A Bidder’s representative/s who is/are present shall sign an attendance register evidencing his/their attendance. In the event of the specified date of bid opening being
declared holiday for the Purchaser, the bid shall be opened at the appointed time and address on the next working day.
22.3 The Technical Bid submitted by a bidder who or whose representative is absent shall
also be opened and may be rejected on the basis of the regular criterions mentioned in
this document
22.4 The Bidders’ names will be announced at the time of opening of Technical bids.
22.5 The Purchaser shall prepare a record of the opening of Technical Bids that shall include Name of the Bidder, availability of Bid Security and other documents as per
Clause 13.
22.6 The Bidders shall be short-listed based on the scrutiny of Technical Bids. At the end
of the scrutiny of the Technical Bids, the Purchaser will invite Bidders who have
submitted substantially responsive Technical Bids and who are determined as being
qualified to attend the opening of Financial Bids.
22.7 The Purchaser will notify Bidders in writing who have been rejected on the grounds
of being substantially non-responsive to the requirements as per Section V and shall
return their Financial Bids unopened.
22.8 Withdrawn bids will be returned unopened to the bidders.
23 Clarification of Bids
23.1 During scrutiny of bids, the Purchaser may, at its discretion, ask the Bidder for a clarification of its bid. The request for a clarification and the response shall be in
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writing and no change in prices or substance of the bid shall be sought, offered or
permitted.
24 Preliminary Examination
24.1 The Purchaser will examine the Technical Bids to determine whether they are
complete, whether any computational errors have been made, whether bid security has been furnished, whether the documents have been properly signed, and whether the
bids are generally in order. Bids from dealers, without proper authorization from the manufacturer as per Section X, shall be treated as non-responsive. If any document or
information as per ITB Clause 13 is missing, the bid shall be rejected.
24.2 The Purchaser may waive any minor formality or non-conformity in a bid which does
not constitute a material deviation, provided such a waiver does not prejudice or affect
the relative ranking of any Bidder.
Prior to the detailed evaluation, pursuant to ITB Clause 25, the Purchaser will
determine the substantial responsiveness of each bid to the bidding documents. For
purposes of these Clauses, a substantially responsive bid is one that conforms to all
the terms and conditions of the bidding documents without material deviation.
Deviations from or objections/reservations to critical provisions such as those
concerning Performance Security (GCC Clause 7), Warranty (GCC Clause 15),
Applicable law (GCC Clause 30) and Taxes and duties (GCC Clause 32) will deemed
to be material deviations. The Purchaser’s determination of a bid’s responsiveness is
to be based on the contents of the bid itself without recourse to extrinsic evidence.
24.3 If a bid is not substantially responsive, it will be rejected by the Purchaser and may
not subsequently be made responsive by the Bidder by correction of the non-
conformity.
25 Evaluation and comparison of Financial Bids
25.1 The Original Financial Bids of only short-listed Bidders shall be opened at the
Purchaser’s Head office, Rayat Shikshan Sanstha, Karmaveer Samadhi Parisar, Satara
and those of others shall be returned without opening.
25.2 The Purchaser will evaluate and compare the bids that have been determined to be substantially responsive pursuant to ITB Clause 24. In case of Financial Bids,
arithmetical errors will be rectified on the following basis. If there is a discrepancy
between the unit price and the total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail and the total price shall be corrected. If the
Bidder does not accept the correction of errors, its bid will be rejected. If there is a
discrepancy between words and figures, the amount in words will prevail.
25.3 The Purchaser’s evaluation of a bid will exclude and not take into the account:
a) in the case of goods manufactured in India or goods of foreign origin already
located in India, sales and other similar taxes, which will be payable on the goods
if a contract is awarded to the Bidder;
b) any allowance for price adjustment during the period of the execution of the
contract, if provided in the bid.
25.4 Delivery will be accepted only after the payment of the appropriate Octroi charges (if
applicable) by the Bidder. Documentary proof required.
25.5 The Purchaser’s evaluation of a bid price and of the price of incidental services, will
be made having due regards to the following factors.
25.5.1 cost of inland transportation, insurance and other costs within India incidental
to the delivery of the goods to their final destination;
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25.5.2 delivery schedule offered in the bid;
25.5.3 deviations in payment schedule from that specified in the Special Conditions
of Contract;
25.5.4 the availability in India of spare parts and after-sales services for the
equipment offered in the bid;
25.6 Delivery Schedule-
The Purchaser requires that the goods under the Invitation for Bids shall be delivered at the time specified in the Technical Specifications. The estimated time of arrival of
goods at the project site should be calculated for each bid after allowing for reasonable transportation time. The Bidder will have to pay a penalty to the Purchaser
in the form and at the rate mentioned in the GCC Clause 23 read with SCC Clause 8.
No credit will be given to earlier deliveries and bids offering delivery beyond 2
weeks of stipulated delivery period will be treated as unresponsive.
25.7 Deviation in Payment Schedule -
The Special Conditions of Contract stipulate the payment schedule offered by the
Purchaser. No advance payment will be made in any circumstance.
25.8 Spare parts and after sales service facilities within State of Maharashtra -
The cost to the Bidder of establishing the minimum service facilities and parts inventories, as outlined elsewhere in bidding documents should be quoted separately
and will be considered by the Purchaser while comparing the Price Bid.
26 Contacting the Purchaser
26.1 Subject to ITB Clause 23, no Bidder shall contact the Purchaser on any matter relating
to its bid, from the time of the Financial bid opening to the time the contract is
awarded. If it wishes to bring additional information to the notice of the Purchaser, it
should do so in writing. The Purchaser reserves its right as to whether such additional
information should be considered or otherwise.
26.2 Any effort by a Bidder to influence the Purchaser in its decision on bid evaluation, bid
comparison or contract award may result in disqualification of the Bidder’s bid and also forfeiture of his bid security amount.
F. AWARD OF CONTRACT
27 Other qualifications
27.1 The Purchaser will determine to its satisfaction whether a Bidder that is selected on account of the evaluated responsive bid, meets the criteria specified in ITB Clause
13.3 and is qualified to perform the contract satisfactorily.
27.2 The determination will take into account the Bidder’s financial, technical, supply,
installation and service capabilities. It will be based upon the examination of the
documentary evidence of the Bidder’s qualification submitted by the Bidder, pursuant
to ITB Clause 13, as well as such other information as the Purchaser deems necessary
and appropriate.
27.3 An affirmative determination will be a prerequisite for the award of the contract to the
Bidder. A negative determination will result in rejection of the Bidder’s bid, in which
event, the Purchaser will proceed to evaluate the other bids to make a similar
determination of a Bidder’s capabilities to perform the contract satisfactorily.
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28 Award Criteria
28.1 Subject to ITB Clause 30, the Purchaser will award the contract to the successful
Bidder whose bid has been determined as the accepted evaluated bid, provided further
that the Bidder is determined to be qualified to perform the contract satisfactorily.
28.2 The Purchaser reserves the right to award the contract to the Bidder whose bid may not have been determined as the lowest evaluated bid, provided further that the Bidder
is determined to be qualified to perform the contract satisfactorily.
28.3 The purchaser reserves the right to award the contract in parts to more than one
bidder, provided further that the Bidder(s) are determined to be qualified to perform
the contract satisfactorily.
29 Purchaser’s Right to Vary Quantities at the Time of Award
29.1 The Purchaser reserves the right at the time of award of Contract to decide the initial
quantity of each good specified in the Technical specifications and place order in phases/lots during the validity period of the bid. The applicable unit price for
subsequent lots shall be with reference to the total quantity purchased till the placing of that order e.g. if 5 units are purchased initially, then 10 units are purchased later
(during the validity period of the Bid), the final price should be adjusted as per discount offered on the purchase of 15 units.
30 Purchaser’s Right to Accept Any Bid and to Reject Any or All Bids
30.1 The Purchaser reserves the right to accept or reject any bid, and to annul the bidding
process and reject all bids at any time prior to the award of the Contract, without
thereby incurring any liability to the affected Bidder/s or any obligation to inform the
affected Bidder/s in writing or verbally, of the grounds for the Purchaser’s action.
31 Contract Award Notification
31.1 Prior to the expiry of the bid validity period, the successful Bidder will be sent letter
of intent in writing by the Purchaser. The awardees is required to send a confirmation
in writing by a registered letter, that the bid has been accepted, only after which the
awardees will be called for an agreement.
31.2 The notification of acceptance of the bid and execution of the contract in the prescribed form mentioned in Section VIII will constitute the formation of the
Contract.
31.3 Upon the successful Bidder’s furnishing the performance security pursuant to ITB
Clause 33, the Purchaser will promptly notify each unsuccessful Bidder and will return its Bid Security furnished; pursuant to ITB Clause 15.
32 Signing of Agreement
32.1 At the same time as the Purchaser notifies the successful Bidder that its bid has been
accepted, the Purchaser will send to that Bidder the Draft of the Agreement provided in Section VIII of the bidding documents, incorporating all the agreements between
the two parties.
32.2 Within 7 days of receipt of the Contract Form, the successful Bidder shall sign and
date the agreement and return it to the Purchaser.
33 Security Deposit
33.1 Successful Vendor will have to sign an Agreement/Contract with the Purchaser
& submit Security Deposit equal to 5% of the Order value in the form of a Fixed
Deposit Receipt (FDR) Secretary, Rayat Shikshan Sanstha, Satara from any
Nationalized or Scheduled Bank, valid for 36 months or warranty period from
the date of purchase order, submitted at the time of agreement.
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33.2 This Security Deposit will be forfeited if the supply/ installation/ commissioning is
not made as specified.
33.3 Purchaser will release FDR of Security Deposit only after warranty period.
34 Performance Security
34.1 Within 7 days of the receipt of notification of acceptance of the bid by the Purchaser,
the successful Bidder shall furnish the performance security in accordance with the
Conditions of The Contract, in the Performance Security Form provided in the
bidding documents or in another form acceptable to the Purchaser.
34.2 Failure of the successful Bidder to comply with the requirement of the ITB Clause 32 or ITB Clause 34 shall constitute sufficient grounds for the annulment of the
acceptance of the bid and forfeiture of the Bid Security, in which event the Purchaser
may make the award to any other evaluated Bidder or call for fresh bids.
35 Corrupt and / or Fraudulent Practices.
35.1 The Purchaser requires that the Bidders / Manufacturers / Dealers / Suppliers / Contractors under this tender observe the highest standards of ethics during the
procurement and execution of such contracts.
35.2 Furthermore, Bidders shall be aware of the provision stated in sub clause 5.4 and sub
clause 24.1 of the General Conditions of Contract.
36 Interpretation of the clauses in the Tender Document / Contract Document
In case of any ambiguity in the interpretation of any of the clauses in the Tender Document or
the Contract Document, the Purchaser’s interpretation of the clauses shall be final and
binding on all parties.
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SECTION III: GENERAL CONDITIONS OF CONTRACT (GCC)
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SECTION III: GENERAL CONDITIONS OF CONTRACT (GCC)
TABLE OF CLAUSES
CLAUSE NO. TOPIC PAGE NO. 1. Definitions6 25
2. Application 25
3. Country of Origin 25
4. Standards 26
5. Use of Contract Documents and Information 26
6. Patent Rights 26
7. Performance Security 26
8. Inspection and Tests 27
9. Packing 27
10. Delivery and Documents 28
11. Insurance 28
12. Transportation & Labour 28
13. Incidental Services 28
14. Spare Parts 29
15. Warranty 29
16. Payment 30
17. Prices 30
18. Change Orders 30
19. Contract Amendments 31
20. Assignment 31
21. Subcontracts 31
22. Delays in the Supplier’s Performance 31
23. Penalty Clause 31
24. Termination for Default 32
25. Force Majeure 32
26. Termination for Insolvency 33
27. Termination for Convenience 33
28. Resolution of Disputes 33
29. Governing Language 33
30. Applicable Law 34
31. Notices 34
32. Taxes and Duties 34
33. Binding Clause 34
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GENERAL CONDITIONS OF CONTRACT
1 Definitions
1.1 In this Contract, the following terms shall be interpreted as indicated :
a) “The Contract” means the agreement entered into between the Purchaser and the successful Bidder, as recorded in the Contract Form Signed by the parties,
including all the attachments and appendices thereto and all documents incorporated by reference therein;
b) “The Contract Price” means the price payable to the successful Bidder under the Contract for the full and proper performance of its contractual obligations;
c) “The Goods” means all the equipment, machinery and /or other materials which
the Bidder is required to supply to the Purchaser under the Contract;
d) “Services” means services ancillary to the supply of the Goods, such as
transportation and insurance and any other incidental services, such as installation,
commissioning, provision of technical assistance, training and other obligations of
the Bidder covered under the Contract;
e) “GCC” means the General Conditions of Contract contained in this section.
f) “SCC” means the Special Conditions of Contract.
g) “The Purchaser(s) or Client(s)” means the organization purchasing the Goods, as
named in SCC.
h) “The Client’s Country” is the country named in SCC.
i) “The Supplier” means the successful Bidder, represented by an individual or a
firm or a company supplying the Goods and providing the Services under this Contract.
j) “The Project Site”, where applicable, means the place or places specified by the Purchaser.
k) “Day” means a working day.
2 Application
2.1 These General Conditions shall apply to the extent that they are not superseded by
provisions in other parts of the Contract.
3 Country of Origin
3.1 For purposes of this Clause, “origin” means the place where the Goods are produced,
or from which the Services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembling of components, a
commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components.
4 Standards
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4.1 The Goods supplied under this Contract shall conform to the standards mentioned in
the Technical Specifications and when no applicable standard is mentioned to the authoritative standards relating to the goods in the country of origin and such
standards shall be the latest issued by the concerned standards certifying institutions in the respective countries of origin.
5 Use of Contract Documents and Information
5.1 The Supplier shall not, without the Purchaser’s prior written consent, disclose the
Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample
or information furnished by or on behalf of the Purchaser in connection therewith, to
any person other than a person employed by the Supplier in performance of the
Contract. Disclosure to any such employed person shall be made in confidence and
shall extend only so far as may be necessary for purposes of such performance.
5.2 The Supplier shall not, without the Purchaser’s prior written consent, make use of any
document or information enumerated in GCC Clause 5.1 except for the purposes of
performing the Contract.
5.3 Any document, other than the Contract itself, enumerated in GCC Clause 5.1 shall
remain the property of the Purchaser and shall be returned (in all copies) to the
Purchaser on completion of the Supplier’s performance under the Contract, if so required by the Purchaser.
5.4 The Supplier shall permit the Purchaser to inspect its accounts and records for the last
five years, relating to its performance and to have them audited by auditors appointed by the Purchaser, if so required by the Purchaser.
6 Patent Rights
6.1 The Supplier shall indemnify the Purchaser against all third-party claims of
infringement of patent, trademark or industrial design rights arising from use of the
Goods or any part thereof in India.
7 Performance Security
7.1 At the time of signing the agreement, the Supplier shall furnish performance security
of the amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to the Purchaser as
compensation for any loss resulting from the Supplier’s failure to complete its
obligations under the Contract.
7.3 The Performance Security shall be denominated in Indian Rupees (INR) and shall be in one of the following forms:
7.3.1 An FDR issued by a nationalized/scheduled bank located in India in the format
provided in the bidding documents or another format acceptable to the Purchaser.
7.4 The Performance Security will be discharged by the Purchaser and returned to the
Supplier after the warranty period following the date of completion of the Supplier’s
performance obligations, including the warranty obligation, under the contract.
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7.5 In the event of any contract amendment, the Supplier shall, within 21 days of receipt
of such amendment, furnish the revised details, rendering the same valid for the duration of the Contract, as amended, for further period of 60 days thereafter.
8 Inspections and Tests
8.1 The Purchaser or its representative shall have the right to inspect and/or to test the
Goods to confirm their conformity to the Contract specifications, at no extra cost to the Purchaser. SCC and the Technical Specifications shall specify what inspections
and tests the Purchaser requires to be carried out and where they have to be
conducted. The Purchaser shall notify the Supplier in writing in a timely manner of
the identity of its representatives / inspectors retained for these purposes and the place
of inspection, which shall be the Supplier’s premises or the final destination of Goods
as decided by the Purchaser.
8.2 The inspections and tests may be conducted on the premises of the Supplier or its
subcontractor(s), at point of delivery and/or at the project site. If conducted on the
premises of the Supplier or its subcontractor(s), all reasonable facilities and
assistance, including access to drawings and production data, shall be furnished to the
inspectors at no charge to the Purchaser.
8.3 Should any inspected or tested Goods fail to conform to the specifications, the Purchaser may reject the goods and the Supplier shall either replace the rejected
Goods or make alterations necessary to meet the specification requirements, free of cost to the Purchaser.
8.4 The Purchaser’s right to inspect, test and, where necessary, reject the Goods after the
arrival of Goods at the Project Site shall in no way be limited or waived by reason of the Goods having previously been inspected, tested and passed by the Purchaser or its
representative / inspector prior to the shipment of Goods.
8.5 A thorough inspection of the supplied hardware and the software will be carried out
by the technical consultant of the Purchaser. The bills will be released only after the
positive approval report of the technical consultant appointed by the Purchaser for the
Project.
8.6 Nothing in GCC Clause 8 shall in any way release the Supplier from any warranty or
other obligations under this Contract.
9 Packing
9.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination as indicated in the
Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation
during transit and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the final destination of Goods and
the absence of heavy handling facilities at all points in transit.
9.2 The packing, marking and documentation within and outside the packages shall
comply strictly with such special requirements as shall be provided for in the Contract
including additional requirements, if any, specified in subsequent instructions ordered
by the Purchaser.
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9.3 Packing Instructions: The Supplier will be required to make separate packages for
each consignment. Each package will be marked on three sides with proper paint/indelible ink, the following :
I) Project ii) Contract No. iii) Country of Origin of Goods iv) Supplier &
Manufacturer’s Name, and v) Packing list reference number.
10 Delivery and Documents
10.1 Delivery of the Goods shall be made by the Supplier in accordance with the terms
specified by the Purchaser in the Notification of Award. The details of shipping
and/or other documents to be furnished by the Supplier are specified in SCC.
11 Insurance
11.1 The Goods supplied under the Contract shall be fully insured by the Supplier in Indian
Rupees against loss or damage incidental to manufacture or acquisition,
transportation, storage, delivery and installation in the manner specified in SCC.
11.2 The Purchaser shall bear no additional cost for the same.
12 Transportation & Labour
12.1 Where the Supplier is required under the Contract to transport the Goods to a
specified place of destination within the State of Maharashtra, defined as Project site, transport and Labour cost to such a place and the insurance, as shall be specified in
the Contract, shall be arranged by the Supplier.
13 Incidental Services
13.1 The Supplier may be required to provide any or all of the following services,
including additional services, if any, specified in SCC.
13.1.1 performance or supervision of the on-site assembly and/or start-up of the
supplied Goods;
13.1.2 furnishing of tools required for assembly and/or maintenance of the supplied
Goods;
13.1.3 furnishing of detailed operations and maintenance manual for each appropriate
unit of supplied Goods;
13.1.4 performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties, provided that this service
shall not relieve the Supplier of any warranty obligations under this Contract: and
13.1.5 training of the Purchaser’s personnel, at the Supplier’s plant and/or on-site, in
assembly, start-up, operation, maintenance and/or repair of the supplied Goods.
13.2 Prices charged by the Supplier for incidental services, if not included in the Contract
Price for the Goods, shall be agreed upon in advance by the parties and shall not
exceed the prevailing rates charged to other parties by the Supplier for similar
28
services. These charges will be borne by the supplier. There will be no liability to this
effect will accrue on the purchaser at any stage.
14 Spare parts
14.1 As specified in the SCC, the Supplier may be required to provide any or all of the
following materials, notifications, and information pertaining to spare parts manufactured or distributed by the Supplier :
14.1.1 Such spare parts as the Purchaser may elect to purchase from the Supplier,
providing that this election shall not relieve the Supplier of any warranty
obligations under the Contract; and
14.1.2 In the event of termination of production of the spare parts :
I. advance notification to the Purchaser of the pending, termination in sufficient
time to permit the Purchaser to procure needed requirements; and
II. Following such termination, furnishing at no cost to the Purchaser, the
blueprints, drawings and specifications of the spare parts, if requested.
14.2 Supplier shall carry sufficient inventories to assure ex-stock supply of consumable
spares. Other spare parts and components shall be supplied as promptly as possible but in any case within one month of placement of the order
15 Warranty
15.1 The Supplier as well as the Manufacturer warrants that the Goods supplied under this
Contract are new, unused, of the most recent or current models and that they incorporate all recent improvements in design and materials unless provided
otherwise in the Contract. The Supplier further warrants that all Goods supplied
under this Contract shall have no defect arising from design, materials or
workmanship or from any act or omission of the Supplier that may develop under
normal use of the supplied Goods in the conditions prevailing in the country of final
destination.
15.2 This warranty shall remain valid for a period of 36 months or 24 months after the
Goods or any portion thereof, as the case may be, have been delivered, commissioned
and accepted at the final destination indicated in the Contract. The date of warranty
starts from last installed and commissioned hardware.
15.3 The Purchaser shall promptly notify the Supplier in writing of any claims arising
under this warranty.
15.4 Upon receipt of such notice, the Supplier, with all reasonable speed, repair or replace the defective goods or parts thereof, free of cost at the ultimate destination. The
Supplier shall take over the replaced parts/goods at the time of their replacement. No claim whatsoever shall lie on the Purchaser for the replaced parts/goods thereafter.
15.5 If the Supplier, having been notified, fails to remedy the defect(s) within the period
specified in SCC within a reasonable period, the Purchaser may proceed to take such
remedial action as may be necessary, at the Supplier’s risk and expense and without
prejudice to any other rights which the Purchaser may have against the Supplier under
the Contract. Performance security must be kept valid and subsisting throughout the
warranty.
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16 Payment
16.1 The methods and conditions of payment to be made to the Supplier under this Contract shall be specified in the SCC. Only after the positive satisfactory testing
report by the technical consultant, will the material be accepted by the Purchaser and Payment made.
16.2 The Supplier’s request(s) for payment shall be made to the Purchaser in writing,
accompanied by an invoice describing, as appropriate, the Goods delivered and the Services performed, and by documents, submitted pursuant to GCC Clause 10, and
upon fulfillment of other obligations stipulated in the contract.
17 Prices
17.1 Prices are payable to the Supplier as stated in the Agreement.
18 Change Orders
18.1 The Purchaser may at any time, by written order given to the Supplier pursuant to
GCC Clause 31, make changes within the general scope of the Contract in any one or
more of the following :
a) drawings, designs, or specifications, where Goods to be furnished under the
Contract are to be specifically manufactured for the Purchaser; b) the method of shipping or packing;
c) the place of delivery; and/or d) the Services to be provided by the Supplier.
18.2 If any such change causes an increase or decrease in the cost of, or the time required
for, the Supplier’s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the
Contract shall accordingly be amended. Any claims by the Supplier for adjustment
under this clause must be assessed within thirty (30) days from the date of the receipt
of the Purchaser’s change order by the Supplier.
19 Contract Amendments
19.1 Subject to GCC Clause 18, no variation in or modification of the terms of the Contract
shall be made except by written amendment signed by the parties.
20 Assignment
20.1 The Supplier shall not assign, in whole or in part, its obligations to perform under the
Contract, except with the Purchaser’s prior written consent.
21 Subcontracts
21.1 The Supplier shall notify the Purchaser in writing of all subcontracts awarded under
this Contract if not already specified in the bid. Such notification, in his original bid
or later, shall not relieve the Supplier of any liability or obligation under the contract.
Sub-contract shall be only for bought-out items and sub-assemblies
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22 Delays in the Supplier’s Performance
22.1 Delivery of the Goods and performance of the Services shall be made by the Supplier
in accordance with the time schedule specified by the Purchaser in the Technical Specifications.
22.2 If any time during performance of the Contract, the Supplier or its sub-contractor(s)
should encounter conditions impeding timely delivery of the Goods and performance of Services, the Supplier shall promptly notify the Purchaser in writing of the fact of
the delay, its likely duration and its cause(s). As soon as practicable after the receipt
of such notice, the Purchaser shall evaluate the situation and may, at its discretion,
extend the Supplier’s time for performance with or without a penalty, in which case
the extension shall be ratified by the parties by amendment of the Contract.
22.3 Except as provided under GCC Clause 25, a delay by the Supplier in the performance
of its delivery obligations shall render the Supplier liable to the imposition of a
penalty as well as seeking enforcement of Performance Security, pursuant to GCC
Clause 22.2, unless an extension of time is agreed upon pursuant to GCC Clause 22.2
without the application of penalty.
23 Penalty Clause
23.1 Subject to GCC Clause 25, if the Supplier fails to deliver any or all of the Goods or to
perform the Services within the period(s) specified in the Agreement, the Purchaser shall, without prejudice to its other remedies under the Contract, deduct from the
Contract Price, as penalty, a sum of Rs.10000/- per day until actual delivery or performance, up to a maximum deduction of the percentage specified in SCC. Once
the maximum is reached, the Purchaser may consider termination of the Contract pursuant to GCC Clause 24.
24 Termination for Default
24.1 The Purchaser may, without prejudice to any other remedy for breach of contract, by
written notice of default sent to the Supplier, terminate the Contract in whole or part:
a) if the Supplier fails to deliver any or all of the Goods within the period(s)
specified in the Contract, or within any extension thereof granted by the Purchaser
pursuant to GCC Clause 22; or
b) if the Supplier fails to perform any other obligation(s) under the Contract.
c) If the Supplier, in the judgment of the Purchaser, has engaged in corrupt and / 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 any thing of
value to influence the action of the Purchaser, its agents, employees or Office Bearers in the procurement process or in contract execution.
Fraudulent Practice: a misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment of the Purchaser, and
includes collusive practice among Suppliers (prior to or after bid submission)
31
designed to establish bid prices at artificial, non-competitive, levels and to
deprive the Purchaser of the benefits of free and open competition;
24.2 In the event the Purchaser terminates the Contract in whole or in part, pursuant to
GCC Clause 24.1, the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier
shall be liable to the Purchaser for any excess costs for such similar Goods or Services. However, the Supplier shall continue the performance of the Contract to the
extent not terminated.
25 Force Majeure
25.1 Neither the Supplier and nor the Purchaser shall be liable for any failure or delay on
its part in performing any of its obligations hereunderunder, if such failure or delay
shall be result of or arising out of Force Majeure conditions and, provided that the
party claiming Force Majeure shall use its best efforts to avoid or remove such cause
of non-performance and shall fulfill and continue performance hereunder with the
utmost dispatch whenever and to the extent such cause or causes are removed
25.2 Any extraordinary event, which cannot be controlled by the parties, shall for the
purpose of this agreement, be considered as a Force Majeure event. Such events
include acts of God, acts or omissions of any Government or agency thereof,
compliance with rules, regulations or order of any Government Authority. PROVIDED however, if either party claims that existence of any of the aforesaid
conditions is delaying or disabling the performance by said party of its obligations hereunder, then such party shall give immediate notice by registered mail or courier to
the other party of the existence of such conditions whose existence are claimed to delay or disable the performance of obligations as aforesaid.
26 Termination for Insolvency
26.1 The Purchaser may at any time terminate the Contract by giving written notice to the
Supplier, if the Supplier becomes bankrupt or otherwise insolvent. In this event,
termination will be without compensation to the Supplier, provided that such
termination will not prejudice or affect any right of action or remedy which has
accrued or will accrue thereafter to the Purchaser.
27 Termination for Convenience
27.1 The Purchaser by written notice sent to the Supplier, may terminate the Contract, in
whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Purchaser’s convenience, the extent to which
performance of the Supplier under the Contract is terminated, and the date upon which such termination shall become effective.
27.2 The Goods that are complete and ready for shipment within 30 days after the
Supplier’s receipt of notice of termination shall be accepted by the Purchaser at the Contract terms and prices. For the remaining Goods, the Purchaser may elect:
a) to have any portion completed and delivered at the Contract terms and prices; and/or
32
b) to cancel the remainder and pay to the Supplier an agreed amount for partially
completed Goods and for materials and parts previously procured by the Supplier.
28 Resolution of Disputes
The decision of the Purchaser shall be final and binding on the Supplier incase of any dispute
between the Purchaser and the Supplier. The jurisdiction of the claim dispute will be Satara court only. All the dispute shall be or decided by the committee of three persons- Each
representative of Purchaser of Supplier and Chairman of the Sanstha who will be the Chairman of the Committee its decision will be final.
29 Governing Language
29.1 The contract shall be written in English language. Subject to GCC Clause 30, English
language version of the Contract shall govern its interpretation. All correspondence
and other documents pertaining to the Contract which are exchanged by the parties
shall be written in the same language.
30 Applicable Law
30.1 The Contract shall be governed by and interpreted in accordance with the laws of the
Union of India.
31 Notices
31.1 Any notice given by one party to the other pursuant to this Contract shall be sent to
the other party in writing by facsimile and confirmed by original copy by post to the other Party’s address specified in SCC.
31.2 A notice shall be effective when delivered or on the notice’s effective date, whichever
is later.
32 Taxes and Duties
32.1 Supplier shall be entirely responsible for all taxes, duties, license fees, octroi, road
permits, etc., incurred until delivery of the contracted Goods to the Purchaser.
33 Binding Clause
All decisions taken by the Purchaser regarding the processing of this tender and award
of contract shall be final and binding on all parties concerned and shall not be
challenged in any Court of Law or other judicial forum. Any communications made to the purchaser by the bidder/s either orally, in writing or by any other mode
whatsoever, prior to the floating of this Tender document, shall not be considered.
33
SECTION IV: SPECIAL CONDITIONS OF CONTRACT (SCC)
34
SECTION IV: SPECIAL CONDITIONS OF CONTRACT (SCC)
TABLE OF CLAUSES
CLAUSE NO. TOPIC PAGE NO.
1. Performance Security (GCC Clause 7) 37
2. Inspection and Tests (GCC Clause 8) 37
3. Delivery and Documents (GCC Clause
10)
37
4. Insurance (GCC Clause II) 38
5. Incidental Services (GCC Clause) 38
6. Warranty (GCC Clause 15) 38
7. Payment (GCC Clause 16) 39
8. Penalty Clause (GCC Clause 23) 40
9. Notices ( GCC Clause 31) 40
10. Right to use defective equipment 40
11. Supplier’s Integrity 40
12. Supplier’s Obligations 40
13. Patent Rights 41
14. Site Preparation and Installation 41
15. Hardware Installation 41
35
SPECIAL CONDITIONS OF CONTRACT
The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions
of Contract. The corresponding clause number of the General Conditions is indicated in parentheses.
1 Performance Security (GCC Clause 7)
1.1 Within 7 days after the successful Bidder’s receipt of letter of indent (LOI), the successful Bidder shall furnish Performance Security to the Purchaser. The Security
deposit mentioned in ITB clause No 33 will be considered as Performance Security.
2 Inspection and Tests (GCC Clause 8)
2.1 The inspection of Goods shall be carried out to check whether the Goods are in
conformity with the technical specifications described in the contract. Following
broad test procedure will generally be followed for inspection and testing:
2.1.1 Functionality tests: The equipments will be tested at the supplier's site for its
functionality as per specified in section V. The supplier should be able to
demonstrate all the functionality as per specified in section V.
2.1.2 Integration tests: These tests will be performed after completion of the
installation and commissioning of all the equipments at the site of installation.
The equipments supplied by the supplier will be tested for the compatibility with other equipments.
2.2 Before the Goods and equipment are taken over by the Purchaser, the Supplier shall
supply operation and maintenance manuals. These shall be in such details as will enable the Purchaser to operate, maintain and adjust the equipment as stated in the
specifications. The manuals and drawings shall be in the English language and in such form and numbers as stated in the contract. Unless otherwise agreed, the goods
and equipment shall not be considered to be complete for the purpose of taking over
until such manuals have been supplied to the Purchaser.
3 Delivery and Documents (GCC Clause 10)
Upon dispatch of the Goods, the Supplier shall notify the Purchaser and the insurance
company by cable/telex/fax the full details of the shipment including contract number,
railway receipt number and date, description of goods, quantity, name of the consignee,
octroi receipt details etc. The Supplier shall mail the following documents to the Purchaser
with a copy to the insurance company:
3.1 04 Copies of the Supplier invoice showing Goods description, quantity, unit price,
total amount;
3.2 Railway receipt/acknowledgment of receipt of Goods from the consignee(s);
3.3 Insurance Certificate;
3.4 Manufacturer’s/Bidder’s warranty certificate;
3.5 Inspection Certificate issued by the nominated inspection agency, and the Manufacturer’s factory inspection report; and
3.6 Certificate of Origin
36
The above documents shall be received by the Purchaser before arrival of the Goods (except
where the Goods have been delivered directly to the Consignee with all documents) and, if
not received, the Supplier will be responsible for any consequent expenses.
4 Insurance (GCC Clause 11)
For delivery of goods at site, the insurance shall be obtained by the Supplier in an amount equal to 110% of the value of goods from the Supplier’s / Manufacturer’s warehouse to site
specified by the Purchaser at the final destination, on “All Risks” basis, including War Risks and Strikes.
5 Incidental Services (GCC Clause 13)
5.1 The following services shall be furnished and the cost shall be included in the contract
price:
5.1.1 Performance of the on-site assembly, commissioning and start-up of the
equipment.
5.1.2 Furnishing the detailed operation and maintenance manuals for each item of
supply at each location.
5.1.3 Training of operators/users at every location in operating the equipment, to the satisfaction of the Purchaser.
5.1.4 Maintenance and repair of the equipment at every location during the warranty
period of 36 months including supply of all spares. This shall not relieve the
Supplier of any warranty obligations under this contract.
5.1.5 Maintenance and updates of the software at every location during the warranty
period. This shall not relieve the Supplier of any warranty obligations under this contract.
6 Warranty (GCC Clause 15)
6.1 The Supplier shall guarantee at least 95% uptime of the entire hardware equipment as
specified in Section V.
6.2 If any equipment or any system(s) gives continuous trouble, the Supplier shall replace
the system(s) with new system(s) within a period of 7 days without any additional cost to the Purchaser.
6.3 If any system(s) with this software gives continuous trouble, the Supplier shall replace
the software to newer version or upgrades without any additional cost to the
Purchaser.
6.4 Maintenance service
6.4.1 Free comprehensive maintenance services shall be provided by the Supplier
during the period of warranty for 36 months.
6.4.2 The maximum response time for maintenance complaint from any of the
destinations specified in the, Technical Specifications (i.e. time required for
the Supplier’s maintenance engineer to report at the installation after a request
call/telegram is made or letter is written) shall not exceed 24 hrs for all
locations.
It is expected that the average downtime of the item (system) will be less than
half the maximum downtime (i.e. defined as number of days for which an item
37
of equipment is not usable because of inability of the Supplier to repair it) as
mentioned in the form of technical details. In case an item is not usable
beyond the stipulated maximum downtime, the Supplier will be required to arrange for an immediate replacement of the same till it is repaired. Failure to
arrange for the immediate repair/replacement will make the Supplier liable for a penalty of Rs.1000/- per day till repair/replacement is completed. The
amount of penalty will be recovered from the Performance Security during the warranty period.
7 Payment (GCC Clause 16)
Payment for Goods and Services shall be made in Indian Rupees (INR) as follows, after
deducting applicable taxes, if any:
7.1 On Proof of Delivery : The Supplier should raise a Commercial Invoice for the
amount equivalent to 25 % (Twenty-Five percent only) of the Contract Price, after the equipment is supplied, against which payment will be made after verification.
7.2 On final satisfactory installation and commissioning, the Supplier should raise a
Commercial Invoice for the amount equivalent to 30% (Thirty percent only) of the
Contract Price. Payment will be made after the Acceptance Certificate is issued by
the Purchaser’s Technical Consultant and authorized representative for the respective
delivery, installation and commissioning of the equipment, and requisite training, on
the use of the system, of at least three members of staff of the Purchaser at each
respective locations of installations.
7.3 After completion of 90 days of final satisfactory installation and commissioning
next installment of 35 % (Thirty five percent only) of the Contract Price will be
made and remaining 10% Contract Price will be made after the acceptance of
10% Bank Guaranty form Nationalized bank issued by supplier to Secretary , Rayat
Shikshan Sanstha, Satara.
8 Penalty Clause (GCC Clause 23)
8.1 For delays: GCC Clause 23.1 - The applicable rate is 0.5% per week and the
maximum deduction is 10% of the contract price.
9 Notices ( GCC Clause 31)
38
For the purpose of all notices, the following shall be the address of the Purchaser and
Supplier.
Purchaser : Secretary, Rayat Shikshan Sanstha,
Karmaveer Samadhi Parisar, Satara
Supplier *: ________________________________
________________________________
________________________________
________________________________
(*To be filled in at the time of Contract signature)
10 Right to use defective equipment
If after delivery, acceptance and installation and within the guarantee and warranty period, the operation or use of the equipment proves to be unsatisfactory, the Purchaser shall have the
right to continue to operate or use such equipment until the rectification of defects, errors or omissions by repair or by partial or complete replacement is made without interfering with
the Purchaser’s operation.
11 Supplier’s Integrity
The Supplier is responsible for and obliged to conduct all contracted activities in accordance with the Contract, using state-of-the-art methods and economic principles and exercising all
means available to achieve the performance specified in the Contract.
12 Supplier’s Obligations
The Supplier is obliged to work closely with the Purchaser’s staff, act within its own
authority and abide by directives issued by the Purchaser.
The Supplier will abide by the job safety measures prevalent in India and will free the Purchaser from all demands or responsibilities arising from accidents or loss of life the cause
of which is the bidder’s negligence. The Supplier will pay all indemnities arising from such incidents and will not hold the Purchaser responsible or obligated.
The Supplier is responsible for managing the activities of its personnel or sub-contracted
personnel and will hold itself responsible for any misdemeanors.
The Supplier will treat as confidential and in strict confidence all data and information about
the Purchaser, obtained in the execution of his responsibilities and will not reveal such
information to any other party without the prior written approval of the Purchaser.
13 Patent Rights
In the event of any claim asserted by a third party of infringement of a copyright, patent,
trademark or industrial design rights arising from the use of the Goods or any part thereof in
39
the Purchaser’s country, the Supplier shall act expeditiously to extinguish such claim. If he
fails to comply and the Purchaser is required to pay compensation to a third party resulting
from such infringement, the Supplier shall be responsible for the compensation including all expenses, court costs and lawyer fees. The Purchaser will give notice to the Supplier of such
claim, if it is made, without delay.
14 Site Preparation and Installation
The Purchaser is solely responsible for the preparation of the sites in compliance with the technical and environmental specification defined by the Supplier. The Purchaser will
designate the installation sites before the scheduled installation date to allow the Supplier to perform a site inspection to verify the appropriateness of the sites before the installation of
the hardware / equipment.
15 Hardware Installation
The Supplier is responsible for all unpacking, assemblies, wiring, installation, cabling
between the various hardware units and connecting them to the power supply. He will test all
hardware operation and accomplish all adjustments necessary for successful and continuous
operation of the hardware at all installation sites.
40
SECTION V: TECHNICAL SPECIFICATIONS
41
SECTION V: TECHNICAL SPECIFICATIONS
42
Technical Specifications
UPS BATTERIES
1 KVA UPS - 12 V / 7 AH - 3 No of SMF Batteries 3 KVA UPS - 12 V / 7 AH - 8 No of SMF Batteries
( Total - 422 UPS - 1 KVA - 272 UPS & 3 KVA - 150 UPS )
Required only one brand from the following brand. Vender can quote any or all brand with all taxes
and all charges. 2 years warranty rate per unit with buy back and without buy back (Educational Version ),
Warranty type will be next business day on site comprehensive.
SN
Make & Model 12 V SMF Batteries
Make, Model &
Specification
Rate Per unit
(Include all Taxes)
2 Yrs warty With buy back
Rate Per unit
(Include all Taxes)
2 Yrs warty Without Buy Back
1
Exide
7 AH
2 7.2 AH
3 9 AH
4
Trentech
7 AH
5 7.2 AH
6 9 AH
7
Panasonic
7 AH
8 7.2 AH
9 9 AH
10
Champion
7 AH
11 7.2 AH
12 9 AH
43
Note –
A) Note - Prices should be given for slab wise quantities 1, 5, 10, 25, 40, units.
B) We are purchasing those Hardware & Software for Educational Use. Hence quote the prices
according to that (Educational Version)
C) Price will be quote include all taxes. & all charges
DELIVERY SCHEDULE
The above-mentioned equipment’s should be delivered to all the locations of the purchaser within
four weeks from the date of Agreement.
44
SECTION VI - QUALIFICATION CRITERIA
45
SECTION VI - QUALIFICATION CRITERIA
(Referred to in Clause 13.3.2 of ITB)
The Bidder must be a manufacturer/authorized agent of the:
UPS Equipments SUPPLY, INSTALLATION AND COMPREHENSIVE MAINTENANC OF
. UPS BATTERIES (SMF) - 12 V / 7AH/ 7.2 AH/ 9 AH Make - Exide / Trentech
/Panasonic / Champion 1 KVA UPS - 3 No of SMF Batteries 3 KVA UPS –
8 No of SMF Batteries (Total - 422 UPS-1 KVA- 272 UPS & 3 KVA - 150 UPS)
Bidders should furnish the detailed answers to the specific questions in the Service Support Details
Form - Section XIII and Capability Statement - Section XI, based on which they will be evaluated as
per the following criteria:
Particulars Max. Points
a. Yearly turnover for similar equipment sold in the 30 last 5 years
b. Number of technical and service personnel with 30
the company and after sales service facilities
available near the installations and
response time for maintenance complaints
c. Technical aspects of equipment 40
Total 100
Note: Only those Bidders securing 75 or more points and satisfying other conditions of post
qualification will be considered as qualified.
46
SECTION VII: BID FORM
47
SECTION VII: BID FORM
Date:
Tender No.:
To : ___________, ___________, ___________
Dear Sir:
Having examined all the Bidding Documents,
the receipt of which is hereby duly acknowledged, we, the, undersigned, offer to supply and deliver
__________________________________________________________________
__________________________________________________________________
(brief description of Goods and Services)
in conformity with the said bidding documents for the same for
__________________________________________________________________
__________________________________________________________________
(Total bid amount in words and figures)
in accordance with the Schedule of Prices attached herewith and made part of this bid.
We undertake, if our bid is accepted, to deliver the goods in accordance with the delivery schedule
specified in the Technical Specifications.
If our bid is accepted, we undertake to promptly produce a Demand Draft __________ drawn in
favour of ` Secretary, Rayat Shikshan Sanstha, Satara..’
We agree to abide by this bid for a period of 180 (One Hundred and Eighty only) days after the
date fixed for bid opening under Clause 22 of the Instruction to Bidders and it shall remain binding
upon us and may be accepted at any time before the expiry of that period.
Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof and your notification of award shall constitute a binding Contract between us.
contd...
48
I/We understand that you are not bound to accept the lowest or any bid you may receive.
I/We accept general terms and conditions as specified in this bid.
Dated this _______________ day of ________________, 2009
Signature ____________________ Seal of Company
Name & Designation ____________________
Duly authorized to sign Bid for and on behalf of * __________________________________
* Please enclose certified true copy of Power of Attorney/Board Resolution authorizing
the signing and submission of this Bid.
49
SECTION VIII: AGREEMENT FORM
50
SECTION VIII: AGREEMENT FORM
THIS AGREEMENT made at ________on the ______ day of ___________________, 2011
Between
The ____________________, a Company incorporated under the Companies Act, 1956 and having
its registered office ____________________________________________________ (Which expression shall mean and include its successors, administrators, executors and assignees, etc.)
hereinafter referred to as “the Purchaser", the party of the one part And
___________________________________________________________________________ (Name of Bidder)
a Company incorporated under the Companies Act, 1956 and having its registered office at
___________________________________________________________________________
(Which expression shall mean and include its successors, administrators, executors and assignees,
etc.) hereinafter referred to as “the Bidder”of the other part
WHEREAS the Purchaser is desirous of obtaining the supply of certain Goods and ancillary services
viz.
___________________________________________________________________________
(Brief Description of Goods and Services)
and has accepted a bid by the Bidder for the supply of those goods and services in the sum of
___________________________________________________________________________
(Contract Price in Words and Figures)
hereinafter called “the Contract Price in Words and Figures” hereinafter called “the Contract Price.”
NOW THIS AGREEMENT WITHNESSETH AS FOLLOWS:
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.
2 The following documents shall be deemed to form and be read and construed as part of this Agreement, viz. :
2.1 the Bid Form and the Price Schedule submitted by the Bidder;
2.2 the Technical Specifications;
2.3 the General Conditions of Contract;
2.4 the Special Conditions of Contract; and
2.5 the Purchaser’s Notification of Award
2.6 Standing Committee Resolution
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter mentioned, the Bidder hereby covenants with the Purchaser to provide the goods and services
and to remedy defects therein in conformity in all respects with the provisions of the Contract.
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the
Goods and Services and the remedying of defects therein, the Contract Price or such other
51
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.
5 Particulars of the goods and services which shall be supplied / provided by the Bidder are as
enlisted in the enclosed annexure :
TOTAL VALUE:
DELIVERY SCHEDULE:
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance
with their respective laws the day and year first above written.
Signed, Sealed and Delivered by the
Said __________________________________ (For the Purchaser)
in the presence of ________________________
Signed, Sealed and Delivered by the
said __________________________________ (For the Bidder)
in the presence of _______________________
Note: The terms and Conditions as per ___________ rules will be finalized by Legal Advisor.
52
SECTION IX: PERFORMANCE SECURITY FORM
SECTION IX: PERFORMANCE SECURITY FORM
To : _____________________________________________________________
(Name of Purchaser)
53
WHEREAS ________________________________________________________
(Name of Bidder)
hereinafter called “the Bidder” has undertaken, in pursuance of Contract No. ___________________ dated ____________ 2011 ___________ to supply
________________________________________________________________________________________
(Description of Goods and Services)
hereinafter called “the Contract”.
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish you with a Fixed Deposit Receipt for the sum specified therein as security for compliance with the
Bidder’s performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Bidder a Guarantee:
WE, THEREFORE, hereby affirm that we are Guarantors and responsible to you, on behalf of the
Bidder, up to a total of ________________ (Amount of the Guarantee in Words and Figures) and we
undertake to pay you, upon your first written demand declaring the Bidder to be in default under the
Contract and without cavil or arguments, any sum or sums within the limit of
________________________ (Amount of Guarantee) as aforesaid, without your needing to prove or
to show grounds or reasons for your demand of the sum specified therein.
This guarantee is valid until the _________________ day of ______________
Signature and Seal of Guarantors
Date ________________________
Address __________________________________________________________________
__________________________________________________________________________
54
SECTION X: MANUFACTURER’S AUTHORIZATION FORM
55
SECTION X
(please see Clause 13.3.1of Instructions to Bidders)
MANUFACTURER’S AUTHORIZATION FORM
No. __________________ dated ___________________
To The ___________
_______________ _______________
Ref: Tender No. ________________
Dear Sirs:
We _______________________________________ who are established and reputed manufacturers
of _________________________________________________________________
having factories at
___________________________________________________________________ (address of factory)
do hereby authorize M/s.
__________________________________________________________________
(Name and address of Agent)
to submit a bid, and sign the contract with you against the above IFB.
We hereby extend our full guarantee and warranty as per Clause 15 of the General Conditions of
Contract and Clause 6 of the Special Conditions of Contract for the goods and services offered by the
above firm against this tender.
Yours faithfully,
(Name)
(Name of manufacturers)
Note: This letter of authority should be on the letterhead of the manufacturer and should be signed
by a person competent and having the power of attorney to bind the manufacturers. It should
be included by the Bidder in its bid.
56
SECTION XI: CAPABILITY STATEMENT
SECTION XI
CAPABILITY STATEMENT (CS)
57
Section A) SUPPLY, INSTALLATION AND COMPREHENSIVE MAINTENANC OF .
UPS BATTERIES (SMF) - 12 V / 7AH/ 7.2 AH/ 9 AH Make - Exide / Trentech /
Panasonic / Champion 1 KVA UPS - 3 No of SMF Batteries 3 KVA UPS – 8 No of SMF Batteries (Total - 422 UPS-1 KVA- 272 UPS & 3 KVA - 150 UPS)
Name & Address of the Bidder
Phone : Mobile:-
Fax: Email:
1 Classification
1.1 Manufacturer
1.2 Authorized Agent
1.3 Dealer
1.4 Others (please specify)
2 Plant
2.1 Location
2.2 Description, Type & size of building
2.3 is property on lease or free hold? If on lease, indicate date of expiry of lease in such
case
3 Type of equipment manufactured and supplied during last 3 years
Name of Capacity / size Nos. manufactured Nos. of orders on hand
equipment
4 Type of equipment supplied during last 3 years other than those covered under 4 above
58
Name of Capacity / size Name of Manufacturers Total Nos. No. of orders
equipment Model & country of origin Supp. in India on hand
59
Turnover of similar equipment sold in last three years
5 Details of Testing facilities available
5.1 List testing equipment available
5.2 Give details of tests which can be carried out on items offered.
5.3 Details of the testing organization available
6 Personnel / Organization :
Give Organization chart for following indicating clearly the No. of employees at various levels.
6.1 Quality assurance
6.2 Production
6.3 Marketing
6.4 Service
6.5 Spare parts
6.6 Administrative
7 Service centres nearest to each of the destination installations :
Location ___________________ Phone No. ______________________
Year of Establishment ____________________________
8 Details of Organization at Service Center
8.1 No. of skilled employees ____________________________________
8.2 No. of Unskilled employees ____________________________________
8.3 No. of Engineering employees ____________________________________
8.4 No. of Administrative employees ____________________________________
8.5 List of special repair/workshop facilities available ____________________________________
8.6 The storage space available for spare parts (sq.m.) ____________________________________
8.7 Value of minimum stock of spares
available at all the service centers in respective currency ____________________________________
60
8.8 Value of the modes/types by
number of equipment serviced
by the centre in the last 2 years _______________________________
8.9 Name of two buyers to whom similar equipment was supplied in the past and to whom reference may be made by the Purchaser regarding the Bidder’s technical and
delivery ability.
1. ____________________________________
2. ____________________________________
61
Section B) SUPPLY, INSTALLATION AND COMPREHENSIVE MAINTENANC OF .
UPS BATTERIES (SMF) - 12 V / 7AH/ 7.2 AH/ 9 AH Make - Exide / Trentech /
Panasonic / Champion 1 KVA UPS - 3 No of SMF Batteries 3 KVA UPS –
8 No of SMF Batteries (Total - 422 UPS-1 KVA- 272 UPS & 3 KVA - 150 UPS)
CAPABILITY STATEMENT (CS)
1 Name & Address of the Bidder
Phone : Mobile:-
Fax:
Email:
2 Classification
2.1 Manufacturer -
2.2 Authorized Agent -
2.3 Dealer -
2.4 Others (please specify)
3 Plant
3.1 Location
3.2 Description, Type & size of building
3.3 is property on lease or free hold? If on lease, indicate date of expiry of lease in such
case
4 Type of equipment manufactured and supplied during last 3 years
Name of Capacity / size Nos. manufactured Nos. of orders on hand equipment
5 Type of equipment supplied during last 3 years other than those covered under 4 above
Name of Capacity / size Name of Manufacturers Total Nos. No. of orders
equipment Model & country of origin Supp. in India on hand
62
6 Turnover of similar equipment sold in last three years
7 Details of Testing facilities available
7.1 List testing equipment available
7.2 Give details of tests which can be carried out on items offered.
7.3 Details of the testing organization available
8 Personnel / Organization :
Give Organization chart for following indicating clearly the No. of employees at various levels.
8.1 Quality assurance
8.2 Production
8.3 Marketing
8.4 Service
8.5 Spare parts
8.6 Administrative
9 Service centers nearest to each of the destination installations :
Location ___________________ Phone No. ______________________
Year of Establishment ____________________________
10 Details of Organization at Service Centre
10.1 No. of skilled employees ____________________________________
10.2 No. of Unskilled employees ____________________________________
10.3 No. of Engineering employees ____________________________________
10.4 No. of Administrative employees ________________________________
10.5 List of special repair/workshop facilities available ____________________________________
10.6 The storage space available for spare parts (sq.m.) ____________________________________
10.7 Value of minimum stock of spares
available at all the service centers in respective currency
____________________________________
63
10.8 Value of the modes/types by number
of equipment serviced by the centre in the last 2 years
____________________________________
10.9 Name of two buyers to whom similar equipment was supplied in the past and to whom reference may be made by the Purchaser regarding the Bidder’s technical and
delivery ability.
1. ____________________________________
2. ____________________________________
64
SECTION XII: LIST OF ELIGIBLE COUNTRIES
SECTION XII
65
LIST OF ELIGIBLE COUNTRIES
Australia China, People’s Republic
Hong Kong, ROC India
Israel Indonesia
Japan Kazakhstan
Korea,
Malaysia
Maldives
Marshall Islands,
Austria
Belgium
Canada
Denmark
Finland
France
Germany
Italy
New Zealand Philippines
Singapore Sri Lanka
Taiwan, ROC Thailand
Uzbekistan Netherlands
Norway
Spain
Sweden
Switzerland
Turkey
United Kingdom
United States of America
66
SECTION XIII - DETAILS OF THE VENDOR
67
SECTION XIII - DETAILS OF THE VENDOR
Details filled in this form must be accompanied by sufficient documentary evidence, in order to verify the correctness of the information.
S. No Item Details
1. Name of Company
2. Mailing Address
3. Telephone and Fax numbers
4. Constitution of the Company
5. Name and designation of the person authorized to
make commitments to the ___________
6. Email Address
7. Year of commencement of Business
8. Turn over of the company
(not of group)
2009-10
2010-11
2011-12
9. Profit of the company
(not of group)
2009-10
2010-11
2011-12
10. Sales Tax Number
11. Income Tax Number
Service/Support Details
S. No Item Description
1 Own or Franchise
2 Postal Address
3 Contact numbers
4 Number of service engineers
5 Service Facilities available (Describe)
6 Time to report to the location
68
To,
Secretary,
Rayat Shikshan Sanstha, Satara
Subject – SUPPLY, INSTALLATION AND COMPREHENSIVE MAINTENANC OF .
UPS BATTERIES (SMF) - 12 V / 7AH/ 7.2 AH/ 9 AH Make - Exide / Trentech /
Panasonic / Champion 1 KVA UPS - 3 No of SMF Batteries 3 KVA UPS – 8 No of SMF Batteries (Total - 422 UPS-1 KVA- 272 UPS & 3 KVA - 150 UPS)
Sir,
I have read the terms and conditions stated in your tender and I agree with
them. I am ready to SUPPLY, INSTALLATION AND COMPREHENSIVE
MAINTENANC OF . UPS BATTERIES (SMF) - 12 V / 7AH/ 7.2 AH/ 9 AH Make -
Exide / Trentech /Panasonic / Champion 1 KVA UPS - 3 No of SMF Batteries 3 KVA UPS –8 No of SMF Batteries (Total - 422 UPS-1 KVA- 272 UPS
& 3 KVA - 150 UPS) items related to them as per the enclosed list. Please
accept my tender.
Thank you,
Yours Faithfully,
(Sign and Stamp)
69
SECTION XIV –
DETAILS OF SERVICE CENTRES & SUPPLY CUSTOMERS LIST
70
SECTION XIV - DETAILS OF SERVICE CENTRES
Details of Service Centres and Delaer Offices in Following Districts -
(Sangli, Kolhapur, Ratnagiri, Sindhudurg, Raigad, Mumbai, Thane, Nashik, Ahmednagar, Solapur,
Satara, Pune, Beed)
Sr.
No
Place &
Dist
Own or
Franchise
Postal Address Contact
numbers
Service
Facilities available
(Describe)
Number
of service engineers
Time to
report to the
location
1
2
3
4
5
6
7
71
SUPPLY CUSTOMERS LIST
SUPPLY, INSTALLATION AND COMPREHENSIVE MAINTENANC OF .
UPS BATTERIES (SMF) - 12 V / 7AH/ 7.2 AH/ 9 AH Make - Exide / Trentech /
Panasonic / Champion 1 KVA UPS - 3 No of SMF Batteries 3 KVA UPS – 8
No of SMF Batteries (Total - 422 UPS-1 KVA- 272 UPS & 3 KVA - 150 UPS)