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Office of the Superintendent, Postal Stores Depot, Bengaluru -560018

No.PSD/BG/7-138/Proc-NCT/2017-18 dated at BG- 560018 the 14.11.2017 Notice Inviting e-Tender

Online Tenders are invited on behalf of the President of India for Procurement of 50 lakhs numbers of Plastic Security Seals (Bag Fasteners) of different colours with specification for the quantity noted in Part-I of Annexure-II for a period of one year from the date of acceptance of tender/award of contract which can be extended for a further period of one year. The method of submission of tender, amounts of Earnest Money/ Security Deposit and General Terms and Conditions, applicable to the contract has been mentioned in Annexure-I.

1. The work is to be performed strictly as per parameters/technical specifications given in Part-I of Annexure-II. The terms and conditions specific to the contract have been mentioned in Part-II of Annexure-II. The proforma for submission of tender has been given in Annexure-III (for Technical Bid) and for Commercial Bid in BOQ format to this Notice Inviting e-Tender. Pre contract Integrity Pact is included as Annexure-V of NIT. The schedule of tender is given as under:

2. Schedule of Tender

1 Tender No No.PSD/BG/7-138/Proc-NCT/2017-18 dtd 14-11-2017

2 Last date and time of uploading of Tender 12 -12-2017 upto 16.00 hrs

3 Date and time of Online Opening of tender 14-12-2017 at 10.30 hrs

4 Approximate value of tender Rs.58,50,000/-

5 Amount of Earnest Money Deposit as per clause 3 of Annexure I:

Rs.1,75,000/- (Rs.One Lakh Seventy Five thousand only)

6 Venue of Opening of e-Tender.

O/o the Superintendent, Postal Stores Depot, 5th Main, 4th Cross, Chamarajpet, Bengaluru-560018. (Ph: 080-26600666) e-mail:[email protected] [email protected]

7 Cost of Tender Application Fee Rs.1,000/- (Rs. One thousand only)

3. Notice inviting Tender can be viewed from the Website www.indiapost.gov.in and the Tender form can be downloaded from the website www.eprocure.gov.in . The Tender Application Fee of Rs.1,000/- (Rs.One thousand only) should be credited under UCR in any Post office and the scanned copy of the receipt must be uploaded and the bids should be submitted as stipulated in Clause 4 of Part-I of Annexure-I of NIT. The payment of Rs.1,000/- (Rs.One thousand only) towards Tender Application fee is not exempted to any category of bidders except firms registered under NSIC/MSME ACT 2006 with current validity. Bidders claiming exemption for paying fees should submit the document concerned. Superintendent Postal Stores Depot, Bengaluru-560018 Digital Signature Certificate of the Tenderer

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4. All the documents in support of eligibility criteria are also to be uploaded along with Technical Bid. The Tenderers are advised in their own interest to upload the scanned copies of the desired papers/documents with their bids failing which their bids may be declared non responsive.

5. The foremost requirement of participation in e-Tender is to have a digital signature. Instruction to the Bidders to upload the bids online is also enclosed as Annexure-VI. It is the responsibility of the bidder to upload the NIT and other required documents with Digital Signature one by one. 6. The Terms and Conditions of the tender are enclosed (PDF Format) and the price bid (Commercial bid) at BOQ format.

7. Complete tender documents may be down loaded from the Central Public Procurement Portal (http://eprocure.gov.in) and notice can be viewed from website of the Department of Posts (www.indiapost.gov.in). Information on any issue of corrigendum related to this Tender will also be available on website of CPP and also in the website of Department.

8. Offline bids will not be entertained for the tenders published in e-procurement platform

9. The Chief PMG, Karnataka Circle/The PMG Bengaluru HQ Region,Bengaluru reserves the right to cancel the Tender at any time/stage or relax/amend/withdraw any of the terms and conditions contained in the Tender documents without assigning any reason thereof. Any enquiry, after uploading of the bid shall not be entertained. In case of withdrawal of bid, the EMD will stand forfeited.

Superintendent Postal Stores Depot, Bengaluru- 560018

Digital Signature Certificate of the Tenderer

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Office of the Superintendent, Postal Stores Depot, Bengaluru-560018

ANNEXURE-I GENERAL TERMS AND CONDITIONS

Sub: e-Tender for Procurement of 50 lakhs numbers of Plastic Security Seals (Bag Fasteners) of different colours.

1. Parties: The parties to the Contract are the contractor (the tenderer to whom the work have been awarded) and the Government of India through Department of Posts for & on behalf of President of India. 2. Addresses: For all purposes of the contract including arbitration there under, the address of the

contractor mentioned in the tender shall be the final unless the contractor notifies a change of address by a separate letter sent by Registered post with acknowledgement due, to the Department of Posts. The contractor shall be solely responsible for the consequences of any omission or error to notify change of address in the aforesaid manner.

3. Earnest Money (Bid Security):

3.1 Earnest Money Deposit of Rs.1,75,000/- (Rs.One Lakh Seventy Five thousand only) will be accepted in the form of Bank Draft or Pay Order drawn in favour of “Chief Postmaster, Bengaluru GPO, Bengaluru-560001” payable at Bengaluru.

3.1.1. The scanned copies of Receipts for EMD and Tender application fee must be uploaded accordingly and the original receipts along with required samples to be sent in a sealed envelope before the closing date of the tender to the Superintendent, Postal Stores Depot, Bengaluru-560018 i.e before 12-12-2017 upto 16.00 hours only through Registered/Speed Post and not through any other mode or the sealed envelope may be dropped in the tender box provided for the purpose at office premises.

3.2 Exemption of EMD: Firms registered under NSIC/DGS&D/MSME Act 2006 Part-II (Registered with District Industries centre/Joint director of Industries and commerce Government of Karnataka/ Respective state governments) with current validity, are exempted from furnishing Earnest Money Deposit.

3.3 No request for transfer of any previous deposit of earnest money or performance securities or payment of any pending bill held by the Department in respect of any previous work will be entertained.

3.4 Tenderer shall not be permitted to withdraw his offer or modify the terms and conditions thereof. In case the tenderer fails to observe and comply with the stipulation made herein or backs out after quoting the rates, the aforesaid amount of Earnest Money will be forfeited to the Government.

3.5 The tenders without Earnest Money Deposit/ Valid Registration Certificate as referred to in Para 3.1 and 3.2 above will be summarily rejected.

3.6 Earnest Money Deposit will be forfeited if the successful tenderer fail to furnish the Performance Security Deposit in stipulated period. Superintendent

Postal Stores Depot, Bengaluru-560018 Digital Signature Certificate of the Tenderer

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3.7 No claim shall lie against the Government/ Department in respect of erosion in the value

or interest on the amount of Earnest Money Deposit or Security Deposit. 3.8 Earnest Money would be refunded to the unsuccessful tenderer/ bidders without interest

after the finalization of the tender process. 3.9 EMD of unsuccessful tender will be returned after expiry of final bid validity or latest on or

before 30th day of the award of contract. EMD of the successful tenderer will be refunded only after Performance Security Deposit is credited.

4. Submission of Bids:

1. Bidder should take into account any corrigendum published on the tender document before uploading their bids.

2. Bidder should get ready the bid documents in advance to be uploaded as indicated in the tender document/schedule and generally, they can be in PDF/XLS formats. Bid documents may be scanned with 100 dpi with black and white option. 3. Bidder should log into the site well in advance for bid submission so that he/she upload the bid in time i.e on or before the bid submission time. Bidder will be responsible for any delay due to other issues. 4. The bidder has to authenticate with his digital signature certificate and upload the required bid documents owing responsibility for their correctness/authenticating documents one by one as indicated in the tender document. The required document for the e-tender should be properly paged and indexed. The requisite information should be highlighted.

5. It is the responsibility of the bidder to ensure that all the required documents as specified in the tender are uploaded one by one with his Digital Signature. Department is not responsible for any omission of Digital signature due to any technical error. The bidder shall authenticate the bid with his/her Digital Signature Certificate for submitting the bid electronically on e-procurement platform and the bids not authenticated by Digital Certificate of the bidder will not be accepted on the e-procurement platform. The bidder should ensure that all the required steps are followed while uploading NIT and other documents and that they are all digitally signed.

6. Bidder has to select the payment option as “offline” to pay the Tender application fee/EMD as applicable and enter details of the instrument.

7. Bidder should prepare the EMD/tender application fee as per the instructions specified in the tender document. The original should be posted by Speed or Registered Post only (and not through courier) to the undersigned on or before the date and time of the last date of bid submission i,e dated 12-12-2017 upto 16.00 hrs or the same duly enclosed in a cover along with the samples can be dropped in the tender box provided at Postal Stores Depot, Bengaluru. The details of the UCR issued by any post office/ any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected. Superintendent Postal Stores Depot, Bengaluru- 560018 Digital Signature Certificate of the Tenderer

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8. A standard BOQ format has been provided with the tender document to be filled by all the bidders. Bidders are requested to note that they should necessarily submit their Financial bids in the format provided and no other format is acceptable. Bidders are required to download the BOQ file, open it and complete the white coloured (Unprotected) cells with their respective financial quotes and other details (such as name of the bidder). No other cells should be changed. Once the details are completed the bidder should save it and submit it online, without changing the file name. If the BOQ file is found to be modified by the bidder, the bid will be rejected.

9. The server time (which is displayed on the bidder’s dash board) will be considered as the standard time for referencing the dead line for submission of the bids by the bidders, opening of the bids etc. The bidder should follow this time during the bid submission.

10. Upon the successful and timely submission of bids, the portal will give a successful bid submission message and a bid summary will be displayed with the bid number and the date and time of the submission of the bid with all other relevant details.

11. The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings. The representative who wants to attend the bid opening meeting should produce the letter of authorization from the firm to participate in the bid opening process along with this acknowledgement.

12. A copy of the bid summary may be submitted along with the EMD Receipt/ Tender Application Fee and Samples.

13. The required documents for the tender should be properly paged and indexed and the requisite information should be highlighted also.

5. Authentication of the bid with Digital Signature certificate: Signature should be done electronically as per e procurement system. Individual signing the tender or other documents connected with the contract must specify whether he signs as:

(a) ‘Sole proprietor’ of the concern or constituted attorney of such sole proprietor; In case, the bid is authenticated with the DSC of the authorized person, other than the proprietor, then copy of the power of Attorney/authorization in favour of the authorized person should be uploaded.

(b) A partner of the firm, if it be a partnership firm, in which case he must have authority to execute contracts on behalf of the firm and to refer to arbitration disputes concerning the business of the partnership either by virtue of the partnership agreement or by a power of attorney duly executed by the partners of the firm. A copy of the Registered Partnership Deed and if Power of Attorney is executed in favour of any of the Partners or any authorized officers of the firm, then a copy of the Power of Attorney Sworn in before Notary Public should be uploaded. Superintendent Postal Stores Depot, Bengaluru- 560018 Digital Signature Certificate of the Tenderer

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(c) Director or a principal officer duly authorized by the Board of Directors of the Company, if it is a company. Copy of such authorization to sign the tender/contract duly signed by all the Directors of the Company should be uploaded. Such authorization should have the specimen signature of such authorized officer.

(d) In the case of Co-operative Society, the person who is signing the tender document must have authority to do so and relevant document from the competent authority should be uploaded.

N.B:

(i) In case of partnership firms, a copy of the partnership agreement or general power of attorney is executed in favour of any of the partners or any authorized officers of the firm, then copy of power of attorney duly attested by a Notary public should be furnished on stamped paper duly sworn or affirmed by all the partners admitting execution of the partnership agreement or the general power of attorney. The attested copy of the certificate of registration of the firm should also be uploaded along with the tender.

(ii) In the case of partnership firms, where no authority to refer disputes concerning the business of partnership firm has been conferred on any partner, the tender and all other related documents must be signed by all partners of the firm.

(iii) A person signing the tender form or any documents forming part of the tender on behalf of another person in case of sole proprietorship/partnership/private limited companies should have an authority to bid such other person and if, on enquiry it appears that the persons so signing had no authority to do so, the Superintendent Postal Stores Depot, Bengaluru-560018 may, without prejudice, cancel the contract and hold the signatory liable for all costs, consequences and damages under the civil and criminal remedies available. (iv) In case of Pvt. Ltd., / Limited companies, company Incorporation Certificate along with the Articles of Association has to be uploaded.

(v) The Tenderer should authenticate the tender, and all its Annexures while uploading the tender with valid Digital Signature Certificate of the authorized person who is competent to submit the tender/bid. This acts as acceptance of the offer made by the tenderer and will be deemed as a contract and no separate formal contract will be drawn. NO PAGE SHOULD BE OMITTED TO BE UPLOADED, FROM THIS NOTICE INVITING TENDER AND NOTHING SHOULD BE ADDED/MODIFIED IN THE TENDER DOCUMENT WHILE UPLOADING. (vi) IT MAY BE ENSURED THAT NO PAGE OF NIT IS DOWNLOADED, PRINTED AND UPLOADED WITH THE MANUAL SEAL & SIGNATURE OF THE BIDDERS. NIT UPLOADED WITHOUT DIGITAL SIGNATURE OF THE TENDERER WILL NOT BE ACCEPTED. (vii) The Tenderer should sign the pre-integrity pact submitted in Annexure-V.

Superintendent Postal Stores Depot, Bengaluru- 560018 Digital Signature Certificate of the Tenderer

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6. Technical Bid:

6.1 The following documents should be uploaded along with the technical bid (i.e Notice inviting tender consisting of 36 pages) failing which the tender will be rejected:

(i) The scanned copy of the EMD/Tender application fee deposited in any of the form mentioned under EMD i,e Para-3 of Annexure-I & Para-3 of NIT page No.3.

(ii) Copy of MSME in Part-II/NSIC certificate claiming exemption for EMD/tender application fee.

(iii) Copy of the Balance Sheet, Profit & Loss statement and annual IT returns of the firm for the last three financial years i.e 2014-15, 2015-16 & 2016-17 along with the copy of PAN card of the authorized person.

(iv) Copy of the relevant documents supporting the authorization for signing the tender as mentioned under Para-5 of Annexure-I.

(v) List showing the details of the machinery available along with the number of persons under employment to process the work tendered in case of manufacturers.

(vi) List of important Govt. and Semi-Govt. Concerns to whom the supply is made during the latest three years.

(vii) Copy of the Registration certificate of GST/TIN and service number. (viii) Details of quality control mechanism available. (ix) ISI/ISO certification if any. (x) Certificate stating that the firm is not black listed at any instance of time and no

criminal proceedings are pending against the Firm, Proprietor or any of the partners of the firm.

(xi) Pre-Contract Integrity pact is digitally signed and uploaded. (xii) Declaration stating that:

a. The samples submitted are in accordance with specifications mentioned in Annexure-II, Part-I of the tender.

b. The soft copies of the related documents uploaded are genuine. c. The terms and conditions are gone through & abide by the same.

6.2 All documents of technical bid along with undertaking should be submitted electronically in PDF format separately in each file and named accordingly. The bidder should ensure that the documents uploaded are clearly visible while opening the tenders. If any information required is not accessible by the TEC, the tender is liable to be rejected. The department will not take any responsibility for the delay/conversion of data, during/after uploading/transmission data due to poor/non/low electronic signals. 6.3 The Tenderer shall be required to furnish a declaration “online” along with Technical Bid stating that all the required soft copies as mentioned in the NIT, uploaded by them are genuine. Any incorrectness/ deviation noticed will be viewed seriously apart from cancelling the work duly forfeiting the EMD and the firm will also be blacklisted. Furnishing of wrong/ambiguous information in the compliance statement may lead to rejection of bid and further black listing of the bidder, if prima-facie it appears that the information in the compliance statement was given with amplified/fraudulent intent. 6.4 A declaration stating that the terms and conditions mentioned in the tender are acceptable to the firm in full is to be made by uploading a signed copy to this effect along with the technical bid. Superintendent

Postal Stores Depot, Bengaluru- 560018 Digital Signature Certificate of the Tenderer

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6.5 The bidder has to keep track of any changes by viewing addendum/corrigendum issued by the Tender Inviting Authority on time to time basis on e-procurement platform. The Department will not be responsible for any claims/problem arising out of this. No conditional bid will be accepted. 7. Commercial Bid: 7.1 The Department shall carry out the Technical evaluation solely based on the uploaded certificates/documents in the e-procurement system and open the price bids of the responsive bidders. 7.2 The Commercial Bid should be submitted in BOQ file given in CPP Portal digitally signed and upload the same. Otherwise same will be rejected.

7.3 The Commercial Bids of the Tenderer short-listed after evaluation of technical bids will be opened either on the same day or on a specified date and time to be intimated to the respective tenderer. A duly constituted Tender Evaluation Committee (TEC) will evaluate the Technical bids and Commercial Bids.

7.4 A Net price for each item (inclusive of all kinds of taxes, other incidental charges like freight charges, door delivery, octroi, entry fee, parking fee etc.) should be quoted along with its break up showing various items of charge. The price quoted shall be firm and final. Evaluation of Commercial Bids will be based on net price (including taxes and other incidental charges) for each item and not the basic price.

The lowest bidder (L1) for each item will be awarded order for 60% of the total requirement subject to capacity and the second lowest bidder (L2) will be awarded the balance quantity (40%) subject to matching with the L1 rate. In case L2 does not match with the L1 rate the L3 will be awarded order subject to L3 matching with L1 rate. In case L2, L3 etc do not match the L1 rate, order may be given to L1 for the full quantity subject to capacity of L1.

If there is a difference in rates between words and figures quoted in the commercial bid, the amount in words will prevail.

7.5 Further the prices quoted will be evaluated item wise and not the total consolidated price. 7.6 Terms of payment as stated in Annexure-I of Tender Document shall be final. 7.7 At the time of payment of bills, Income Tax, if any, shall be deducted at source as per Government Rules and guidelines as may be prevailing at the time of payment. 7.8 No terms and conditions should be entered by the Tenderer along with Commercial bid and no separate information on any conditions in BOQ will be entertained. 7.9 Any conditional bid will not be entertained.

Superintendent Postal Stores Depot, Bengaluru- 560018 Digital Signature Certificate of the Tenderer

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8. (a) Validity of the Bids:

The bids shall be valid for a period of one year from the date of acceptance of tender/award of work which can be extended for a further period of one year with mutual consent under agreed terms, conditions and rates, unless it is curtailed or terminated by this office owing to deficiency of service, substandard of quality of material supplied, breach of contract, reduction or cessation of the requirement of the work.

(b) Validity of Tender:

The tender will be valid for a period of one year from the date of acceptance of tender/award of work which can be extended further for a period of one year with mutual consent under the same agreed terms, conditions and rates, unless it is curtailed or terminated by this office owing to deficiency of service, substandard of quality of material supplied, breach of contract, reduction or cessation of the requirement of the work.

9. Opening of the Tender:

The tenderer is at liberty either himself or authorize not more than one representative to be present at the time of opening of the tender. The representative attending the opening of the tender on behalf of the tenderer should bring with him a letter of authority from the tenderer and proof of identification. On the date and time indicated in the “Schedule of Tender”, Technical bids will be opened first. Thereafter, Commercial Bids of the tenderers short-listed after evaluation of technical bids will be opened either on the same day or on a specified date and time to be intimated to the respective tenderer.

10. Criterion for Evaluation of Tenders:

10.1 The evaluation of the tenders will be done on the basis of certificates/documents uploaded through online only as furnished in form given in Annexure – III, which includes;

10.1.1 Payment of Fee of Rs.1,000/- for Tender documents;

10.1.2 Payment of Earnest Money (Bid Security) of Rs.1,75,000/-(Rs.One Lakh Seventy five thousand only)

10.1.3 Submission of documents mentioned in Para 6.1 of Technical Bid under Annexure-I & Annexure-III.

10.1.4 Submission of samples and then based on the commercial information furnished in BOQ.

10.2 The bidder shall invariably furnish the original EMD Receipt and tender application fee receipt along with samples to tender inviting authority before the closing date of the tender mentioned through post (not through private couriers/ordinary post/any other mode) and the receipt of the same is the responsibility of the bidder. The Department will not take any responsibility for delay or non receipt. Superintendent Postal Stores Depot, Bengaluru- 560018 Digital Signature Certificate of the Tenderer

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10.3 The Commercial Bid of such firms found valid based on technical parameters as per Part-I and II of Annexure-II & Annexure – III, will be opened either on the same day or on the date, time and venue to be announced after opening of the Technical Bid. Evaluation of Commercial Bids will be based on net price for each item(including all taxes and other incidental charges) and not the basic price.

Further the prices quoted will be evaluated item wise and not the total consolidated price.

10.4 It must be kept in view that no decision will be given by the Tender Evaluation Committee for any inferences drawn during the meeting of this committee by the Tenderers or their representatives will be their own view and the Department will not be responsible and abide by the same. The reasons for selections or rejections of a particular tender will not be disclosed.

10.5 The award of work will be further subject to any specific terms and conditions of the contract given in Part II of Annexure – II of this NIT.

10.6 The participating MSMEs in a tender, quoting price within the band of L1 + 15% may also be allowed to supply a portion of the requirement by bringing down their prices to the L1 price, in a situation where L1 price is from someone other than an MSME. Such MSMEs may be allowed to supply upto 20% of the total tendered value. In case of more than one such eligible MSME, the supply will be shared equally. Such claims will be considered only on specific claim by MSMEs entrepreneurs with supportive documents. 10.7 Out of 20% target of annual procurement from MSMEs, a sub target of 4% (i,e 20% out of 20%) will be earmarked for procurement from MSMEs owned by SC/ST entrepreneurs. In the event of failure of such MSMEs to participate in the tender process or meet the tender requirements and the L1 price, the 4% sub-target for procurement earmarked for MSMEs owned by SC/ST entrepreneurs will be met from other MSMEs. Such claims will be considered only on specific claim by SC/ST entrepreneurs with supportive documents.

10.8 If the L1 or L2 bidder fails to supply the ordered quantity within the time specified with the required specification in the supply order, then Superintendent, PSD, Bengaluru-560018 reserves the right to place order to L3/L4 bidders if they are agreeing to supply at the L1 rates under the same terms and conditions.

11. Right of acceptance:

11.1 The CPMG Karnataka Circle/The PMG, Bengaluru HQ Region, Bengaluru reserves all rights to reject any tender including those tenderers who fail to comply with the instructions without assigning any reason whatsoever and does not bind itself to accept the lowest or any specific tender. The CPMG Karnataka Circle/The PMG, Bengaluru HQ Region, Bengaluru reserves the right to cancel the tender at any time without assigning any reason. The decision of The CPMG Karnataka Circle/The PMG, Bengaluru HQ Region, Bengaluru in this regard is final and binding.



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11.2 Any failure on the part of the tenderer to observe the prescribed procedure and any attempt to canvass for the work/bring pressure on the department to accept his tender/cancel the tender will prejudice the tenderer’s quotation and will not be accepted.

11.3 Any Conditional bid will not be accepted and will be rejected outright.

12. Communication of Acceptance:

Successful Tenderer will be informed of the acceptance of his tender. Necessary instructions regarding the amount and time provided for security deposit will be communicated.

13. Time Schedule for completion of work:

The work must be completed within the time schedule prescribed in the Supply Order.

14. Performance Security:

14.1 The successful Tenderer at the time of agreement will have to furnish Performance Security equivalent to 10% of the value of goods/work (fixed in multiples of thousands) in the form of Bank Guarantee from a Nationalized Bank for a period extending to two months beyond the date of completion of supply, within seven days from the date of acceptance of the tender and produce the documents in original.

14.2 The successful bidder has to produce the Performance Security irrespective of its registration status (i,e DGS&D/ NSIC/MSME) as per Rule 158 of GFR.

14.3 The performance security (Security deposit) will not be adjusted against any payment due to the firm from the Department of Posts.

14.4 The Security Deposit can be forfeited by order of the Department of Posts in the event of any breach or negligence or non-observance of any condition of contract or for unsatisfactory performance or for non-acceptance of the work order. On expiry of the contract, such portion of the said Security Deposit as may be considered by the Department of Posts sufficient to cover any incorrect or excess payments made on the bills to the firm, shall be retained until the final audit report on the account of firm’s bill has been received and examined.

15. Penalty:

In the event of the contractor failing to:

(i) Observe or perform any of the conditions of the supply order/terms and conditions of NIT or supply of the items as set out herein (or)



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(ii) Execute the supply order in good and workmen-like manner and to the satisfaction of and by the time fixed by the Department of Posts: (a) It shall be lawful for the Department of Posts in its discretion in both the events to

withhold/cancel the supply order and to make such arrangement as the department may think fit at the risk of the supplier and black list the firm.

(b) In the event of (a) above, any excess cost incurred by reason of the difference between the prices paid and the accepted rates, Department of Posts may charge the amount of such excess cost to the supplier to be adjusted from the Security Deposit or demand the supplier to pay the said amount within seven days to the credit of the Department of Posts.

(c) In the event of discovery of any defect due to the fault of the contractor for supplying the defective goods, the supplier shall be bound to replace the entire defective goods at his own cost within the time fixed by the Department of Posts.

(d) In the event of rejection of whole goods, the Department of Posts may at its

discretion, either; (i) Permit the supplier to supply the goods within such time as the

Department may specify at supplier’s own cost which shall include the cost of all sorts i.e., material, labour, overheads, transportation etc., (OR)

(ii) Arrange to procure the goods from elsewhere other than the supplier in which case the amount of extra cost, if any, shall be recovered from the supplier in the manner provided in Sub- Clause (b) of this Clause.

(e) The powers of the Department of Posts under this condition shall in no way affect

or prejudice the powers in certain events to terminate the contract vested in him as herein provided for forfeiture of Performance security/Security deposit mentioned under clause 14 above.

(f) Since the work being awarded to the contractor is of important nature, the time schedule

given in clause 13 must be adhered to failing which a penalty at the rate of 5% per month’s delay or part thereof will be imposed which will be recovered in the manner stated in sub-clause (b) of this clause.

(g) The SP, PSD, Bengaluru-560018 has got powers to blacklist the approved/selected

company, if any part of the conditions/terms of contract is not followed during the currency or extended period of contract.

(h) Performance Security deposit and EMD amount shall, liable to be forfeited, if the

contractor either fails to complete the supply within the stipulated time or if the supply is not made satisfactorily, as per the terms and conditions. If the successful contractor backs out after the award of the contract, EMD and Performance Money Deposit shall be forfeited.

Superintendent

Postal Stores Depot, Bengaluru- 560018


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16. Natural calamity, Strike, etc.,

In case of strike, combination of workmen or natural calamity of any kind, fire accidents or circumstances beyond the control of the firm causing stoppage of his work, whereby the delivery or completion of work may be suspended resulting in undue delay without penalty, Department of Posts shall have the power during such stoppage to get the work done elsewhere, without charging the contractor. No obligation will rest on the Department of Posts to pay for any portion of the work undertaken before such a stoppage. The contractor shall provide every facility for removal and use of materials as may be necessary for timely completion of the work.

17. Insolvency, etc.

In the event of the firm being adjudged insolvent or having a receiver appointed for it by a court or any other order under the Insolvency Act made against them or in the case of a company, the passing of any resolution or making of any order for winding up, whether voluntary or otherwise, or in the event of the firm failing to comply with any of the conditions herein specified, the Department of Posts shall have the power to terminate the contract without previous notice.

18. Breach of Terms and Conditions

In case of breach of any of terms and conditions mentioned above, the competent authority will have the right to cancel the work order without assigning any reason there for and nothing will be payable by this Department in that event and the Security deposit shall also stand forfeited. Apart from this, the competent authority reserves the right to ‘Blacklist’ the firm/company/supplier.

19. Subletting of work The firm shall not assign or sublet the work or any part of it to any other person or firm without having first obtained permission in writing of the Director General, Department of Posts, which he will be at liberty to refuse if he thinks fit. 20. Right to call upon information regarding status of work: The Department will have the right to call upon information regarding status of work at any point of time. 21. Precautionary measures: 21.1 While observing the economy in costs in his own interest the contractor must be careful that quality and cleanliness of the work is maintained as well as time scheduled prescribed etc should not be disturbed.

The supplier must take every care to see that the work or any portion there of, does not fall into unauthorized hands. Care should be taken to execute the work under proper security conditions and no spare item of work/copies should be retained/sold or otherwise made over by the contractor or any of his staff members to any person other than the person(s) authorized by the Department of Posts. Superintendent Postal Stores Depot, Bengaluru-560018 Digital Signature Certificate of the Tenderer

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22. Samples: The following should be kept in view while supplying samples as sought for in Part – I of Annexure – II:

22.1 Samples sought for should be equivalent to the quality mentioned in the specifications provided in Part-I of Annexure-II for which rates are quoted). Five pieces of Plastic Security Seals (Bag Fasteners) (for which rates are quoted) conforming to the specifications should be sent in a separate cover/box/packet super scribed as “Sample of Plastic Security Seals (Bag Fasteners)”addressed to the Superintendent,Postal Stores Depot,5th main, 4th cross, Chamarajpet, Bengaluru-560018 through Speed post/Registered Post only (not through couriers) so as to reach the office of tender inviting authority by the due date and time i.e 12.12.2017 or the same may be dropped in the tender box provided for the same within the due date and time i.e 12.12.2017. The receipt of the same is the responsibility of the bidder. Tenders without samples are liable to be rejected.

22.2 A certificate from the authorized signatory of the firm stating that the samples provided are in confirming the specifications mentioned in Annexure-II of Part-I of the tender document should be uploaded as stated in the undertaking. If sample is not as per the specifications required, it will be rejected out rightly. 22.3 The bidder should not bring any pressure on the department to accept his sample produced during the tender. If found then his bid will be rejected. 22.4 The tenderer must confirm that the stores/materials offered will confirm to the specification in all respects. The mere fact that the competent authority has approved the samples, just by seeing it in a non expertise way, will in no way absolve the contractor from supplying stores/materials of the different specifications. Where the stores/materials offered are not to the required specification, the extent of deviation may be clearly indicated. 22.5 Samples should be supplied free of charge and will not be returned back. 23. The tender is not transferable. Only one tender shall be submitted by one Tenderer.

24. Repeat order clause:

Further order (Repeat Order), if any, not exceeding 100% of the tender quantity should be honoured at the same terms & conditions and rates during the currency of the tender and its extension period.

24.1 In case successful L1 bidder is unable to supply full requirement, the requirement may be split among others as per the provisions of GFR 2005. 24.2 The Superintendent is at discretion to place order on the tender items in piece meal or full quantity or otherwise subject to stock position prevailing in the depot.



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25. Terms of payment: 25.1 No payment shall be made in advance nor shall any loan from any bank or financial institution be recommended on the basis of the order of award of work. No security of any kind will be given to the tenderer or to any person, on the basis of award of contract nor any letter will be issued from the Department recommending loan/surety to any bank/institutions/body. 25.2 The tenderer shall submit the bill, on completion of the supply for sanction of the amount of bill and passing the bill for payment. Part payment to the supplier will be released at the discretion and availability of funds after its receipt of part supply as per the supply order placed and after satisfying that it meets the requirement as per the specification given in Part-I of Annexure-II. If the supply does not meet the specification required it will be rejected outrightly. 25.3 All payments shall be made by Cheque/NEFT only. Before releasing payments TDS and other taxes as applicable from time to time shall be deducted from each bill and the payment will be made for net amount. 25.4 The Department of Posts shall be at liberty to withhold any of the payments in full or in part subject to recovery of penalties mentioned in preceding Para-15. 25.5 The term “Payment” mentioned in this para includes all types of payment due to the tenderer arising on account of this contract excluding Earnest Money & Security Deposit governed by the separate clauses of the contract. 25.6 Wherever applicable all payments will be made as per schedule of payments stated in Part–II of Annexure-II. 25.7 Since GST is implemented from 01-07-2017 the invoice for the bills must contain the break-up of taxes along with CGST/SGST number to enable the department to avail CENVAT credit. 26. Arbitration: If any difference arises concerning this agreement, its interpretation on the payment to made there under, the same shall be settled by mutual consultation and negotiations. If attempts such conciliation do not yield any results within a period of 30 days, either of the parties may make a request to other party for submission of the Secretary, Department of Legal Affairs. Such request shall be accompanied with a panel of names of three persons to act as the sole arbitrator. In case of such arbitrator refusing, unwilling of becoming incapable to act or his mandate having been terminated under law, another arbitrator shall be appointed in the same manner from among the panel of three persons to be submitted by the claimant. The arbitration proceedings shall take place at Bengaluru and shall be conducted in English/Kannada. The provisions of Arbitration and Conciliation Act 1996 and the rules framed there under and in force shall be applicable to such proceedings. Superintendent Postal Stores Depot, Bengaluru- 560018. Digital Signature Certificate of the Tenderer

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No.PSD/BG/7-138/Proc-NCT/2017-18 dated at BG- 560018 the 14.11.2017 ANNEXURE – II

PART I

Sub: e-Tender for supply of 50 lakhs numbers of Plastic Security Seals (Bag Fasteners) of different colours.

Parameters and technical specifications for executing the work. SL.No. Parameters Measurements range in mm 1 Length of Seal 225 to 230 2 Length of flag 45 to 50 3 Width of flag 15 to 20 4 Length of tail 180 to 190 5 Length of tail below prongs 170 to 180 6 Width of tail at tip 2 to 3 7 Width of tail at the center 3 to 4 8 Width of tail near flag 4 to 5 9 Length of locking chamber 8 to 10 10 Width of locking chamber 12 to 15 11 Height of locking chamber 7 to 8 12 Thickness of seal 2 to 3 13 Length of metal lock 10 to 12 14 Width of metal lock 5 to 7 15 Height of metal lock 1 to2 16 Material of lock Stainless Steel 17 Material of seal Plastic 18 Colour of seal Different colours 19 Weight of seal 5 to 6 gms 20 Weight of lock 0.2 to 0.4 gms 21 Marking to be provided 1) India post logo in two

Colour, on one side.

2) 7 digit numeric code on other side (with prongs)

22 Parameters Measurements range in mm 23 Packing Quantity 500 pcs (packed in a manner

that the seals can be taken out one at a time without scattering the rest.

24 Packing material Duplex Board mono cartons.

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No.PSD/BG/7-138/Proc-NCT/2017-18 dated at BG- 560018 the 14.11.2017 Annexure II PART-II

Terms and Conditions Specific to the Contract. 1. All the firms participating in the Tender must submit a list of their owners/partners, etc. along with their contact telephone Nos. and a Certificate to the effect that the firm is not blacklisted by any Govt. Department nor any Criminal Case is registered against the firm or its owner or partners anywhere in India. The firms which are blacklisted by any Govt. Dept. Shall not be considered for this tender. 2. The required documents for the tender should be properly paged and indexed and the requisite information should be highlighted also. 3. The items should be delivered on or before the due date which will be noted in the Supply Order. If the L1 bidder fails to supply the material within the due date the Superintendent, Postal Stores Depot, Bangalore will reserves the right to place order to L2 and L3 bidders at the L1 rate.

4. In case of breach of any terms and conditions of contract, the competent authority reserves the right to call explanation of the firm by issuing Show Cause Notice. In case of non satisfactory reply action like forfeiting of Security Deposit or blacklisting the firms will be taken.

5. The supplier should supply Plastic Security Seals (Bag Fasteners) as per specification mentioned in the Notice Inviting Tender.

6. A sample of the material prepared as per the specifications mentioned in Part-I of Annexure-II may be sent to this office for approval before taking up large scale manufacturing of the material and it is the responsibility of the bidder for getting the sample approved.

7. PACKING: The material should be supplied duly packed consistent with the safety of the contents so as to avoid loss or damage in transit as prescribed at Postal Stores Depot(1st Floor) 5th Main,4th Cross,Chamarajpet,Brngalurue-560018 (Ph: 080-26600666/26600845) at the cost and responsibility of the contractor.

7.1 The material should be neatly packed in carton boxes (each containing 2000 bag fasteners) of good quality which can with stand the weight while stocking the boxes one on the another as per the specifications and each box should be tied around on all the four sides with PP strap as per specification so as to lift the box easily without causing any damage to the material inside while dispatching.

7.2 The Carton Boxes should be neatly labeled specifying the type, colour, and series of the Bag labels.

Superintendent Postal Stores Depot, Bangalore- 560018.


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8. The supplier shall be responsible for all loss, destruction damage or deterioration of the materials for any cause what so ever, while the materials are waiting dispatch or are in the course of transit from the supplier to the consignee. The contractor shall alone be responsible to make claims in respect of non-delivery, short delivery, mis-delivery, loss, destruction, damage or deterioration of the materials.

The Superintendent, PSD, Bengaluru will, as soon as possible on arrival of consignment at PSD, Bengaluru 560018, notify the contractor of any loss or damage to the material that may have occurred during transit. Tenders in which transit insurance cost has been claimed as an extra, will not be considered.

9. The Superintendent, Postal Stores Depot, Bengaluru 560018 will retain the right to place an order for supply of items, either in part or full depending on the stock position for supply of which has been accepted by the Government, and the supplier will commence the work on that item, only after receipt of such supply order.

If at any time after the acceptance of the tender the Government shall for any reason whatsoever not require the whole or part of the item, The Superintendent, Postal Stores Depot, Bengaluru 560018, shall be entitled to give a notice at any time during the currency of the contract, in writing to this effect to the contractor, who shall have no right to claim for any payment of compensation or otherwise, however, on account of any profit or advantage which he might have derived from the execution of the job if executed in full but which he did not derive in consequence of such fore closure.

10. The successful tenderer if fails to supply the items as per rate and sample approved, the item is liable to be rejected, Security Deposit or EMD will be forfeited to the Department on such cases.

11. The defective materials shall have to be replaced with serviceable one by the contractor free of any charge or cost.

12. The Stores supplied should be strictly as per the specification mentioned in Part-I of Annexure-II and confirm to the standards prescribed in every aspect. The supply, once made, will be got checked, and if it is found that the specifications prescribed are not followed, the Department will be forced to reject the supply. Any loss which may occur to the tenderer/Supplier will be at his own responsibility.

13. The undersigned reserves the right to reject any tender or all tenders without assigning any reason. He also reserves the right to accept any tender. His decision in the matter shall be final.

14. The Department shall not be liable for any increase in the cost of the stores due to increase in taxes or cost of raw materials, during the currency of contract and this shall be invariably borne by the tenderer.

Superintendent Postal Stores Depot, Bangalore- 560018.


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15. The contract will be valid for a period of one year from the date of acceptance of the tender which can be extended for a further period of one year and the contractor is bound to comply with all the supply orders placed by the undersigned during the period. The terms and conditions mentioned here will be binding on the tenderer as an agreement on acceptance of the tender.

16. Delivery including (unloading) should be made free of cost at Postal Stores Depot(1st Floor) 5th Main,4th Cross,Chamarajpet,Bengaluru-560018 (Ph: 080-26600666/26600845). Arrangement for loading & unloading of the items at the above address is the responsibility of the supplier.

17. The rates quoted should be inclusive of all taxes, transportation charges, printing, loading, unloading, other incidental charges and en route expenditure like Octori, Entry fee, Parking fee etc.

18. An advance stamped receipt should be sent along with the bill in triplicate.

19. No payment shall be made in advance nor any loan from any bank or financial institution shall be recommended on the basis of the order of award of work.

20. The bills will be raised on the Superintendent, Postal Stores Depot, Bengaluru-560018.

21. All payments shall be made by Cheque/NEFT only on completion of the work in full.

22. Dispatch of the items must be notified to Superintendent, Postal Stores Depot, Bengaluru along with the bill.

23. The receipt of the Supply Order should be acknowledged by return of post.

24. Any violation of terms and conditions or supply of inferior quality of items will result in total rejection of the item, apart from taking suitable remedial action at the cost and risk of the tenderer and black listing the firm.

25. Further orders, if any, within the period of validity of tender should be honoured at the same terms and conditions (See clause 24 of Annexure-I).

26. The Department of Posts shall be at liberty to withhold any payments full or in part subject to recovery of penalties.

27. The Pre-contract integrity pact should be digitally signed and uploaded.

Superintendent

Postal Stores Depot, Bangalore- 560018.


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ANNEXURE- III

TECHNICAL INFORMATIONS AND UNDERTAKING

(See clause 6 of Annexure – I of this tender Document)


1 Name of the Tenderer/Concern:

Telephone Number (O)----------------------- ®------------------------- Mob: ------------------------

2 Nature of the concern (i.e. Sole Proprietor or Partnership firm or a Company or a Government Department or a Public Sector Organization)

Specific category to be mentioned and supporting documents to be uploaded as specified in para 5 of Annexure I.

3 Particulars relating to Earnest Money deposited through DD *(Scanned copy of the DD to be uploaded and the original DD to be sent by Registered post/Speed post to the undersigned along with the samples on or before 12-12-2017 upto 16.00 hrs)

DD Number: Date: Name of the Bank: Amount:

4. Particulars relating to Cost of Tender application fee deposited in post office. ACG-67 Receipt number/Date & name of the post office deposited (Original receipt to be enclosed)* Scanned copy of the ACG-67 receipt to be uploaded and the original receipt to be sent by Registered post/Speed post to the undersigned along with the samples on or before 12 -12-2017 upto 16.00 hrs

Receipt Number: Date: Name of the Post Office: Amount:

5 Whether copy of registration certificate issued by NSIC/DGS&D/MSME are uploaded along with the details of the stores to claim exemption of EMD.

6 Whether each page of NIT and its Annexure have been uploaded with Digital signature

7 Whether authorization letter has been uploaded authorizing the person to sign the tender documents other than the Proprietor and in case of partnership any one the partners/members and one of the Board of Directors in case of Private companies.

8 Whether Samples enclosed a. Whether declaration that sample is as per

the specifications mentioned in Annexure-II Part-I of NIT is uploaded.

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9 Whether copy of the PAN Card & IT returns for the last three financial years i.e 2014-15, 2015-16 & 2016-17 uploaded.

10 Whether certificate of registration for GST is uploaded.

11 Whether annual reports (Profit & Loss statements & Balance Sheets) for the last three financial years i.e 2014-15, 2015-16 & 2016-17 uploaded.

12 Whether details showing the type, size and number of different machines, the tenderer is having in his premises and the number of persons under his employment for facilitating the work tendered in case of manufacturers is uploaded.

13 Whether list of important Govt./Semi-Govt. concerns to whom supply made out during the latest three years and the time frame within which supplied is uploaded.

14 Whether the tenderer has participated in any tenderer process that the Superintendent, Postal Stores Depot. Bengaluru-560018 has initiated. If so, with what result.

15 Whether supply of any such item as tendered for herein, have been done, for the Department of Posts, either as per orders from the Superintendent, Postal Stores Depot, Bengaluru-560018 or by any other authority, on any previous occasion

16 Whether the tenderer is Blacklisted for supplying any item by any Government concern or otherwise penalized during the last one year. If yes, give details showing reasons thereof. Otherwise a declaration that the firm is not blacklisted and no criminal proceedings are pending against the Firm, Proprietor or any of the Partners of the firm as mentioned in undertaking may be uploaded.

17 Whether certificate/Declaration showing the turnover of the firm for the last three financial years i.e 2014-15, 2015-16 & 2016-17 duly attested by chartered accountant is uploaded.

18 Approximate time required to complete the supply.

19 Details of quality control mechanism available

20 ISI/ISO certification if any

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21 Whether Pre-Contract Integrity pact is digitally signed and uploaded.

22 Whether declaration for: 1. That the tenderer will abide by the terms

and conditions of tender. 2. Soft copies uploaded are genuine as

mentioned in the undertaking is uploaded.

23 e-mail ID and Fax Number of the tenderer

Superintendent Postal Stores Depot, Bengaluru - 560018 Digital Signature Certificate of the Tenderer.

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No.PSD/BG/7-138/Proc-NCT/2017-18 dated at BG- 560018 the 14 .11.2017

ANNEXURE-IV

Tender form No-2

COMMERCIAL INFORMATION

(In the following proforma to be submitted in BOQ only)


Sl. No

Description of the item

Quantity

Rate for 50 Lakhs Plastic Security Seals (Bag Fasteners)

(Both in words and figures)

1

Plastic Security Seals (Bag Fasteners) of different colours

50,00,000 pieces of Bag fasteners

1. ** Rate should be quoted for the specification as per Annexure-II Part-I inclusive of cost of basic

material, all taxes, all kinds of incidental charges, packing, transportation charges, Printing, Octroi, entry fee, parking fee, Loading, Unloading and Door delivery charges at O/o Superintendent, Postal Stores Depot (1st Floor), 5th Main, 4th Cross, Chamarajpet, Bengaluru-560018 (Ph: 080-26600666)

2. The rate should be quoted both in words and figures.

The rates should be quoted in the above proforma only in BOQ, if otherwise subjected to rejection. Superintendent Postal Stores Depot, Bengaluru- 560018. Digital Signature Certificate of the Tenderer.

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Documents to be uploaded

1. Scanned copies of the receipts of tender application fee & DD for EMD. 2. Copy of Registration Certificate issued by NSIC, Govt. of India Enterprise/DG S&D, copy of Enterprise Memorandum Part-II filed under MSME Act 2006 units registered with District Industries Centre/ Department of Commerce and Industries, Government of Karnataka or with respective State Governments in respect of those who are seeking exemption for payment of Tender fee/Earnest Money Deposit (Bid Security) with current validity. 3. NIT and its Annexure along with undertaking, comprising of 36 pages, has to be authenticated with Tenderer’s Digital Signature Certificate and uploaded. (Clause 5 of Annexure-I refers). 4. A letter of authorization issued by the competent authority for signing the tender documents in case of Partnership, Private Ltd Co. or Public Ltd Co. or Registered Co-operative Society. 5. Copy of PAN card. 6. Income Tax returns for the last three financial years i.e 2014-15, 2015-16 & 2016-17 duly authenticated. 7. Copy of Certificate of Registration for GST or similar registration with Govt. Authorities. 8. In case of Private Ltd Co. or Public Ltd Co. or Registered Co-operative Society, Annual Reports consisting of audited copies of Balance sheet and Profit and Loss Account for the last three financial years i.e 2014-15, 2015-16 & 2016-17 duly authenticated. 9. In case of Sole Proprietorship or Partnership, Balance Sheets & Profit and Loss Account for the last three financial years i.e 2014-15, 2015-16 & 2016-17 duly authenticated. 10. List of major customers to whom the Plastic Security Seals (Bag Fasteners) were supplied during last 2 years. 11. List of Machineries and number of persons employed in case of manufacturers. 12. Any other information important in the opinion of the tenderer. 13. A Certificate to the effect that the firm is not blacklisted by any Govt. Department nor any Criminal Case is registered against the firm or its owner or partners anywhere in India. 14. A certificate showing the annual turnover of the company for the latest 3 years duly authenticated by chartered accountant. 15. Declaration stating that:

a. The samples submitted are in accordance with specifications mentioned in Annexure-II, Part-I of the tender.

b. The soft copies of the related documents uploaded are genuine. c. The terms and conditions are gone through by the tenderer & abide by the same.

16. Pre-Contract Integrity pact digitally signed.

Note: 1. The documents mentioned at serial 1 to 10 & 13 to 16 above are mandatory. 2. However, in respect of Firm/Company which commenced its operation on or after

01-04-2013, the financial statements mentioned at items 6 to 9 above should cover the period from the date of commencement of operation and upto 31.03.2017.

3. Tenders not accompanied with any of the documents mentioned at serial 1 to 10 & 13 to 16 except to the extent stated in Note 2 above will be rejected.

4. It is the responsibility of the tenderer to upload all the above said copies and any other supporting documents one by one with his Digital signature separately in each file. The department is not responsible for any technical issue while uploading/downloading the file.

5. The department will not take any responsibility for the delay/conversion of data, during/after uploading/transmission data due to poor/non/low electronic signals. Superintendent

Postal Stores Depot, Bengaluru - 560018 Digital Signature Certificate of the Tenderer.

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ANNEXURE-V

PRE CONTRACT INTEGRITY PACT

General

This pre bid pre contract agreement (herein after called the integrity pact) is made on ------day of the month of------2017, between, on one hand, the President of India acting through Sri…………………… ,Superintendent.,Postal Stores Depot,Bengaluru.

Designation of the officer, Ministry/Department, Government of India (herein after called the “BUYER”, which expression shall mean and include, unless the context other wise requires, his successors in office and assigns) of the First Part and M/s. ------represented by Sri-------Chief Executive Officer (herein after called the “BIDDER/SELLER” which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the second part.

WHEREAS the BUYER proposes to procure (Name of the stores/equipment/item) and the BIDDER/SELLER is willing to offer/has offered the stores and

WHEREAS the BIDDER is a private company/Public Company/Government undertaking/Partnership/Registered Export Agency, constituted in accordance with the relevant law in the matter and the BUYER is a Ministry/Department of the Government of India/PSU performing its function on behalf of the President of India.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/Prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered in to with a view to : -

Enabling the BUYER to obtain the desired said stores/equipment at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in any form by its officials by following transparent procedures.

Superintendent Postal Stores Depot, Bengaluru- 560018. Digital Signature Certificate of the Tenderer.

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The parties here to hereby agree to enter in to this integrity pact and agree as follows:-

COMMITMENTS OF THE BUYER:

1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract.

1.2 The BUYER will, during pre-contract stage, treat all bidders alike and will provide to all BIDDERs, the same information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other BIDDERs.

1.3 All the officials of the BUYER will report to the appropriate Government office any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the BUYER and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the BUYER the proceedings under the contract would not be stalled.

Commitments of BIDDERS:

3 The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following:-

4. The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract. Superintendent Postal Stores Depot, Bengaluru - 560018. Digital Signature Certificate of the Tenderer.

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5. The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the Government for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with the Government. 6. BIDDERs shall disclose the name and address of agents and representatives and

Indian BIDDERs shall disclose their foreign principals or associates.

7. BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with the bid/contract.

8. The BIDDER further confirms and declares to the BUYER that the BIDDER is the original manufacturer/integrator/authorized government sponsored export entity of the defense stores and has not engaged any individual or firm or company whether Indian or foreign to intercede facilitate or in any way to recommend to the BUYER or any of its functionaries, whether officially or unofficially to the award of the contract to the BIDDER, nor has any amount been paid, promised or intended to be paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation.

9. The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of the BUYER or their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.

10. The BIDDER will not collude with other parties interested in the contract to Impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.

11. The BIDDER will not accept any advantage in exchange for any corrupt practice, Unfair means and illegal activities.

12. The BIDDER shall not use improperly, for purposes of competition or personal Gain, or

pass on to others, any information provided by the BUYER as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged.

13. The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.


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14. The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.

15. If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filing of tender.

The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies Act 1956.

The BIDDER shall not lend or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the BUYER.

17. Previous Transgression

The BIDDER declares that no previous transgression occurred in the latest three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify BIDDER’s exclusion from the tender process

The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

18. Earnest Money (Security Deposit):-

18.1 While submitting commercial bid, the BIDDER shall deposit an amount (to be specified in RFP) as Earnest Money /Security Deposit, with the BUYER through any of the following instruments:

18.2 Bank Draft or a Pay Order in favour of “Chief Postmaster, Bengaluru GPO, Bengaluru-560001 payable at Bengaluru.

18.3 A confirmed guarantee by an Indian Nationalized Bank, promising payment of the guaranteed sum to the BUYER on demand within three working days without any demur whatsoever and without seeking any reasons whatsoever. The demand for payment by the BUYER shall be treated as conclusive proof of payment.

18.4 Any other mode or through any other instrument (to be specified in the RFP).


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18.5 The Earnest Money/Security Deposit shall be valid up to a period of one year or the complete conclusion of the contractual obligations to the complete satisfaction of both the BIDDER and the BUYER, including warranty period, whichever is later.

18.6 In case of the successful BIDDER a clause would also be incorporated in the Article pertaining to Performance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.

18.7 No interest shall be payable by the BUYER to the BIDDER on Earnest Money/Security Deposit for the period of its currency.

19. Sanctions for Violations: 19.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one of the following actions, wherever required:-

19.2 To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.

19.3 The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance Bond (after the contract is signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be required to assign any reason there for: (i) To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.

(ii) To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest.

(iii) To en cash the advance bank guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the BUYER, along with interest.


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(iv) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER.

(v) To debar the BIDDER from participating in future bidding processes of the Government of India for a minimum period of five years, which may be further extended at the discretion of the BUYER.

(vi) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a view to securing the contract.

(vii) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the BUYER with the BIDDER, the same shall not be opened.

(viii) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.

20 The BUYER will be entitled to take all or any of the actions mentioned at para 6(i) to (x) of this Pact also on the Commission by the BIDDER or any one employed by it or acting its behalf (whether with or without the knowledge of the BIDDER), or an offence as defined in Chapter IX of the Indian Penal Code, 1860, or Prevention of Corruption Act 1988 or any other stature enacted for prevention of corruption. 21 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the Independent Monitor(s) appointed for the purposes of this Pact.

22. Fall Clause:-

The BIDDER undertakes that it has not supplied/is not supplying similar product/systems or subsystems at a price lower than that offered in the present bid in respect of any other Ministry/Department of the Government of India or PSU and if it is found at any stage that similar product/systems or sub systems was supplied by the BIDDER to any other Ministry/Department of the Government of India or a PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER , if the contract has already been concluded.


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23. Independent Monitors:-

23.1 The BUYER has appointed Independent Monitors (hereinafter referred to as Monitors) for this Pact in consultation with the Central Vigilance Commission (Names and Addresses of the Monitors to be given).

23.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact.

23.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently.

23.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project/procurement, including minutes of meetings.

23.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform the Authority designated by the BUYER.

23.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub-contractors. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER/Subcontractor(s) with confidentiality.

23.7 The BUYER will provide to the Monitor sufficient information about all meetings among the parties related the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings.

23.8 The Monitor will submit a written report to the designated Authority of BUYER/Secretary in the Department within 8 to 10 weeks from the date of reference or intimation to him by the BUYER/BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.


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24 Facilitation of Investigation:- In case of any allegation of violation of any provisions of this Pact or payment of

commission, the BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination.

25 Law and Place of Jurisdiction:- This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat

of the BUYER.

26 Other Legal Actions:- The actions stipulated in this Integrity Pact are without prejudice to any other legal action

that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

27 Validity:- 27.1 The validity of this Integrity Pact shall be from date of its signing and extend up to

five years or the complete execution of the contract to the satisfaction of both the BUYER and the BIDDER/Seller, including warranty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract.

27.2 Should one or several provisions of this Pact turn out to be invalid the reminder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.

28 The parties hereby sign this Integrity Pact at on

BUYER BIDDER

Name of the Officer CHIEF EXECUTIVE OFFICER/

Designation DSC of the tenderer

Deptt./Ministry/PSU

Witness: Witness:

1.

2.

* Provisions of these clauses would need to be amended/deleted in line with the policy of the BUYER in regard to involvement of Indian agents of foreign suppliers.

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ANNEXURE-VI

Instruction for online bid submission:

As per the directions of the Department of Expenditure this tender document has been published on the CPP Portal (http://eprocure.gov.in). The bidders are required to submit soft copies of their bids electronically on the CPP Portal, using valid digital signature certificate. The instructions given below are meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal. More information useful for submitting online bids on the CPP Portal may be obtained at http://eprocure.gov.in).

Registration:

1. Bidders are required to enroll on the e-procurement module of the CPP Portal http://eprocure.gov.in) by clicking on the link “click here to enroll”. Enrolment on the CPP Portal is free of charge.

2. As part of the enrolment process, the bidders will be required to choose a unique user name and assign a password for their accounts.

3. Bidders are advised to register their valid e-mail address and mobile numbers as part of the registration process. These would be used for any communication from the CPP Portal.

4. Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (Class II or Class III certificates with signing key usage) issued by any certifying authority recognized by CCA India (eg: SIFY/TCS/nCode/ eMudhra etc.) with their profile.

5. Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure that they do not lend their DSCs to others which may lead to misuse.

6. Bidders then log into the site through the secured login by entering their user ID/Password and the password of the DSCs/e token.

Searching for tender documents:

1. There are various search options built in the CPP Portal to facilitate bidders to search active tenders by several parameters. These parameters could include Tender ID, Organization name, location, date, value etc. There is also an option of advance search for tenders, wherein the bidders may combine a number of such parameters mentioned above to search for a tender published on the CPP Portal.


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2. Once the bidders have selected the tenders they are interested in, they may download the required documents/tender schedules. These tenders can be moved to the respective

“My tender” folder. This would enable the CPP Portal to intimate the bidders through SMS / email in case there is any corrigendum issued to the tender document.

3. The bidder should make a note of the unique tender ID assigned to each tender, in case they want to obtain any clarification /help.

Preparation of Bids:

1. Bidder should take into account any corrigendum published on the tender document before uploading their bids.

2. Please go through the tender advertisement and the tender document carefully to understand the documents required to be uploaded as part of the bid. Please note the number of covers in which the bid documents have to be submitted, the number of documents – including the names and contents of each of the document that need to be uploaded. Any deviations from these may lead to rejection of bid.

3. Bidder in advance, should get ready the bid documents to be uploaded as indicated in the tender document/schedule and generally, they can be in PDF/XLS formats. Bid documents may be scanned with 100 dpi with black and white option.

4. To avoid the time and effort required in uploading the same set of standard documents which are to be submitted as a part of every bid, a provision of uploading such standard documents (eg; PAN card copy, Annual Reports, Auditors certificate etc.,) has been provided to the bidders. Bidders can use “My Space” area while submitting a bid, and need not be uploaded again and again. This will lead to a reduction in the time required for bid submission process.

Submission of Bids:

1. Bidder should log into the site well in advance for bid submission so that he/she upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to other issues.

2. The bidder has to digitally sign and upload the required bid documents one by one as indicated in the tender document.

3. Bidder has to select the payment option as “offline” to pay the tender fee/EMD as applicable and enter details of the instrument.


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4. Bidder should prepare the EMD as per the instructions specified in the tender document. The original along with samples should be posted to the tender processing section, latest by the last date of bid submission. The details of the UCR issued by any Post office / any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected.

5. A standard BOQ format has been provided with the tender document to be filled by all the bidders. Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable. Bidders are required to download the BOQ file, open it and complete the white coloured (Unprotected) cells with their respective financial quotes and other details (such as name of the bidder). No other cells should be changed. Once the details have been completed the bidder should save it and submit it online, without changing the file name. If the BOQ file is found to be modified by the bidder, the bid will be rejected.

6. The server time (which is displayed on the bidder’s dash board) will be considered as the standard time for referencing the dead line for submission of the bids by the bidders, opening of the bids etc. The bidder should follow this time during the bid submission.

7. All the documents being submitted by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bid is maintained using the secured Socket Layer 128 bit encryption technology. Data storage encryption of sensitive fields is done.

8. The uploaded tender documents become readable only after the tender opening by the authorized bid openers.

9. Upon the successful and timely submission of bids, the portal will give a successful bid submission message and a bid summary will be displayed with the bid number and the date and time of the submission of the bid with all other relevant details.

10. The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.


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UNDERTAKING

1. I/We undertake that I/we have carefully studied all the terms and conditions and understood the parameters of the proposed work of the Department of Posts and shall abide by them.

2. I/We also undertake that I/We have understood “Parameters and Technical specifications” for performing the work mentioned in Annexure-II of the tender and shall execute the work strictly as per these “Parameters and Technical Specifications”.

3. I/We further undertake that the information given in this tender is true and correct in all respect and we hold the responsibility for the same.

4. I/we also undertake that the samples being supplied with Technical Bid are in accordance with specifications given in the Part – I of Annexure – II to the NIT and I/we shall be responsible for rejection/cancellation of contract if the sample are not found up to the mark or for civil/criminal proceedings if the material supplied is found to be sub-standard or not in accordance with the sample furnished along with the tender, at a future date.

5. I/we certify that soft copies uploaded are genuine and authenticated with Digital Signature Certificate. Any incorrectness/deviation shall result in cancellation of work besides forfeiture of EMD and the firm will be blacklisted.

6. I/We certify that the firm is not blacklisted by any Government Agency/Public Company in the latest 3 years nor any criminal case is registered against the firm or its owners or partners any where in India.


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