BIDDING
DOCUMENTS
FOR
Supply
of laboratory equipment - Bio Safety Cabinet, Class A, Type
A -2 ( four Units) for Animal
Quarantine and Certification
Stations at Delhi, Mumbai, Kolkata and Chennai
IFB No. 50-49/20010 L.H(AQ)
Due for opening on
(04.10.2010 at 1530 Hours)
GOVERNMENT OF
MINISTRY OF AGRICULTURE
DEPARTMENT OF ANIMAL HUSBANDRY, DAIRYING & FISHERIES
Animal Quarantine and Certification Services
(Northern Region)
Kapeshera, New Delhi-110 037
Closing date & time for 4th October,
2010 at 2.30 P.M
receipt of Tenders
(1430 hours)
Tender opening date & Time 4th
October ,2010 at 3.30 P.M
(1530 hours)
No. 50- 49/2010- LH (AQ)
Government of India
MINISTRY OF AGRICULTURE
Department of Animal Husbandry, Dairying & Fisheries
--------
Krishi Bhawan, New Delhi-110 001
Dated 8th September , 2010
To
As per list
Subject:-Supply
of four units of Bio Safety Cabinet,
Class-A, Type A- II (Lab. Equipments)
for installation at four Animal Quarantine and Certification Stations at Delhi,
Mumbai, Kolkata and Chennai.
The Tender bids duly filled in the prescribed form
(Annexure-I) are invited for supply of four units of Bio Safety
Cabinet, Class-A, Type A- II (Lab.
Equipments) for installation at
four Animal Quarantine and Certification Stations at Delhi, Mumbai, Kolkata and
Chennai. The bids are required to be dropped in the Tender Box placed in the Office of Animal Quarantine and
Certification Services(Northern Region) Kapeshera, New Delhi-110 037 latest by 2.30 P.M. on 04.10.2010 in a sealed
cover which should be super-scribed as TENDER FOR SUPPLY of four units of Bio Safety Cabinet, Class-A, Type A-
II (Lab. Equipments) for
installation at four Animal Quarantine and Certification Stations at Delhi,
Mumbai, Kolkata and Chennai. Tender documents can also be downloaded from our
website www.dahd.nic.in. Tender will not
be accepted through electronic/online process..
2. Bidders shall submit
their bids in two parts as under:
a)
Technical bids, in duplicate, consisting of technical details bringing out
clearly in a separate sheet, the deviations in specifications if any from that of Technical Specifications and also
clause-by-clause compliance of specifications along with the commercial terms
and conditions and bid security.
b) Price bids showing prices
in a separate sealed cover inside the main cover.
3. All
bids must be accompanied by a Bid Security specified in the Tender Document and
must be delivered to the address mentioned in this letter on or before 1430
Hours (IST) on the date mentioned above. Bids will be opened on 04.10.2010 at
1530 hours in the presence of representative of bidders or authorized
representatives who choose to attend in person at the address mentioned above
on or before 15.30 hours (IST) on the date mentioned above.
4.
In the event of the specified date
for the submission and opening of tenders being declared holiday for purchaser
office, the due date for submission and opening of tenders will be the next
working day at the appointed time.
5. It is the responsibility of the bidders
to ensure that their tender whether sent by post or by courier or in person are
dropped in the tender box in the Office of the Quarantine Officer (NR), Animal
Quarantine & Certification Services, Government of India, Ministry of
Agriculture, Department of Animal Husbandry, Dairying and Fisheries, Kapashera,
New Delhi-110037 by the closing date and time specified above for receipt of
tender, failing which tender would be considered late and rejected. The
Department of Animal Husbandry, Dairying and Fisheries will not be responsible
for postal delay, if any, in the
delivery of documents or non-receipt of the tender documents.
6. Tender documents are not transferable.
s/d
(Bharati Datta)
Deputy
Secretary to the Government of India
Tele fax No. 011-23389856
Copy for information to :-
Dr.Vijay Kumar
Animal Quarantine and
Certification Services(Northern Region)
Kapeshera,
New Delhi-110 037
Fax No.011- 25060647
Tel.No. 011-25063272
TABLE
OF CONTENTS
SECTION SUBJECT PAGE
I INVITATION
FOR BIDS
1-2
II INSTRUCTIONS
TO BIDDERS 5-15
III CONDITIONS
OF CONTRACT 17-25
IV SCHEDULE
OF REQUIREMENTS
26
V TECHNICAL
SPECIFICATIONS
27
VI QUALIFICATION
CRITERIA
28-29
VII BID
FORM AND PRICE SCHEDULES
30-31
VIII BID
SECURITY FORM
32
IX CONTRACT
FORM
33
X PERFORMANCE
SECURITY FORM
34
XI PROFORMA
CERTIFICATE FOR ISSUE
35-36
BY
THE PURCHASER AFTER SUCCESSFUL
COMMISSIONING
OF EQUIPMENT/PLANT
XII INSPECTING
AUTHORITY AND 37
SPECIAL
TEST DETAILS
XIII LIST
OF SCHEDULED BANKS 38-40
IV PROFORMA
FOR PERFORMANCE BOND 41-42
XV LIST OF CONSIGNEES 43
SECTION II INSTRUCTION TO BIDDERS (ITB)
CLAUSE TOPIC
PAGE
NUMBER
A INTRODUCTION
01 Source of funds 5
02 Eligible bidders 5
03 Cost of bidding 5
B BIDDING
DOCUMENTS
04 Content of bidding documents 5
05 Clarifications of bidding
documents 5
06 Amendment of bidding
documents 6
C PREPARATION
OF BIDS
07 Language of bid 6
08 Documents comprising the bid 6
09 Bid form 6
10 Bid prices 7
11 Bid currencies 7
12 Documents establishing
bidders 7
eligibility and
qualifications
13 Documents establishing goods
eligibility 8
and conformity to bid
documents
14 Bid security 8
15 Period of validity of bids 9
16 Format and signing of bid 9
D SUBMISSION
OF BIDS
17 Sealing and marking of bids 9-10
18 Deadline for submission of
bids 10
19 Late bids 10
20 Modification and withdrawal
of bids 11
E BID
OPENING AND EVALUATION
21 Opening of bids by purchaser 11
22 Clarification of bids 12
23 Preliminary examination 12
24 Evaluation and comparison of
bids 12-13
25 Contacting the purchaser
14
F AWARD
OF CONTRACT
26 Post qualification 14
27 Award criteria 14
28 Purchasers right to vary
quantities 14
at time of award
29 Purchasers right to accept
any bid 14
and to reject any or all
bids
30 Notification of award 15
31 Signing of contract 15
32 Performance security 15
SECTION
II INSTRUCIONS TO BIDDERS (ITB)
A.
INTRODUCTION
01
Source of funds.
01.01 The Ministry of Agriculture, Department of
Animal Husbandry, Dairying and Fisheries has received funds from the
Consolidated Fund of India during the current financial years towards purchase of four units of Bio Safety Cabinet, Class-A, Type A- II , a laboratory
equipment to be installed at four Animal Quarantine & Certification
Stations situated at New Delhi, Chennai,
Kolkata and Mumbai and intends to apply part of these funds to eligible
payments under the contract(s) for which this Invitation for Bid is issued.
02
Eligible bidders
02.01 This Invitation for Bid is open to the eligible reputed firms/manufacturers/ authorized agents only.
03
Cost
of bidding.
03.01 The bidder shall bear all costs associated with the
preparation and submission of its bid, and the President of India hereinafter
referred to as the Purchaser, will in no case be responsible or liable for
those costs, regardless of the conduct or outcome of the bidding process.
B THE BIDDING DOCUMENTS
04 Content of
bidding documents.
04.01 The goods required, bidding procedures and
contract terms are prescribed in the bidding documents. In addition to the
Invitation for Bid, the bidding documents include:
a. Instruction to Bidders. b. Conditions of
contract.
c. Schedule of Requirements d. Technical
Specifications
e. Qualification Requirements f. Bid Form and Price Schedules
g. Contract Form
h. Special Warranty provisions &
i. Proforma
04.02 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 bidders risk and may result in the rejection of its bid.
05 Clarification of bidding
documents.
A prospective bidder requiring any
clarification of the bidding documents may notify the purchaser in writing at
the purchasers mailing address indicated in the Invitation for Bid. The
purchaser will respond in writing to any
request for clarification of the bidding documents, which it receives no
later than 15 (Fifteen) days prior to the deadline for submission of bids
prescribed by the purchaser. Written
copies of the purchasers response (including an explanation of the query but
without identifying the source of inquiry) will be sent to all prospective
bidders, which have received the bidding documents.
06 Amendment of bidding
documents.
06.01 At any time prior to the deadline for
submission of bids, the purchaser may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective bidder,
modify the bidding documents by amendment.
06.02 The amendment will be notified in writing to
all prospective bidders, which have received the bidding documents and will be
binding on them.
06.03
In order to afford prospective bidders reasonable time in which to take the
amendment into account in preparing their bid, the purchaser may, at its
discretion, extend the deadline for the submission of bids.
C.
PREPARATION OF BIDS
07.
Language of bid.
07.01 The bid
prepared by the bidder and all correspondence and documents relating to the bid
exchanged by the bidder and the purchaser, shall be written in the English
language, provided that any printed literature furnished by the bidder may be
written in another language so long as accompanied by an English translation of
its pertinent passages in which case, for purpose of interpretation of the bid,
the English translation shall govern.
07.02 The bid prepared by the bidder and all
correspondence and documents relating to the bid exchanged by the bidder and
the purchaser, may also be written in
the Hindi Language, provided that the same is accompanied by an English
translation, in which case, for purpose of interpretation of the bid, the
English translation shall govern.
08 Documents
comprising the bid.
08.01 The bid prepared by the bidder shall comprise
of the following components:-
A. A bid form
and a price schedule completed in accordance with clauses 9,10 and 11,
B. documentary evidence established in accordance
with clause 12 that the bidder is eligible to bid and is qualified to perform the contract if its bid
is accepted,
C. documentary
evidence established in accordance with clause 13 that the goods and ancillary
services to be supplied by the bidder are eligible goods and services and
conform to the bidding documents and
D. Bid
Security furnished in accordance with clause 14.
9. Bid form.
The bidder shall complete the bid form and the
appropriate price schedule furnished in the bidding documents, indicating for
the goods to be supplied, a brief description of the goods, their country or
origin, quantity and prices.
10. Bid
Prices.
10.01 The bidder shall indicate on the appropriate
price schedule attached to these documents, the unit prices and total bid
prices of goods, it proposes to supply under the contract.
10.02 Prices indicated on the price schedule shall
be entered separately in the following manner:
i) the
price of the goods, quoted ex-factory, ex-showroom, ex-warehouse or
off-the-shelf, as applicable, including customs, excise and any other duties and sales and other taxes already paid
or payable,
a) on the
components and raw material used in the manufacture or assembly of the goods
quoted ex-factory or
b) on the previously imported Goods of
foreign origin quoted ex-
showroom, ex-warehouse or off-the-shelf
ii)
any sales and
other taxes/duties which will be payable on the goods in
iii)
charges for
inland transportation, insurance (if required) and other local costs incidental
to delivery of the goods to their final destination and
10.03
Prices quoted by the bidder shall be
fixed during the bidders Performance of the contract and not subject to
variation on any account. A bid
submitted with an adjustable price quotation will be treated as non-responsive
and rejected, pursuant to clause 24.
11 Bid
currencies.
The prices shall be quoted in Indian rupees.
12 Documents
establishing bidders eligibility and qualifications:
12.01 Pursuant to clause 08, the bidder shall
furnish, as part of its bid, documents establishing the bidders eligibility
to bid and its qualifications to
perform the contract if its bid is accepted.
12.02 The documentary evidence of the bidders eligibility
to bid shall establish to the Purchasers satisfaction that the bidder, at the
time of submission of its bid, is eligible as defined under clause 08.
12.03 The documentary evidence of the bidders
qualifications to perform the contract if its bid is accepted, shall establish
to the purchasers satisfaction: As per section VI Qualification Criteria.
13. Documents
establishing goods eligibility and conformity
to bidding documents.
Pursuant to clause 08, the bidder shall furnish, as
part of its bid, documents establishing the eligibility and conformity to the
bidding documents of all goods and services, which the bidder proposes to
supply under the contract.
14. Bid
security.
14.01 Pursuant
to clause 08, the bidder, who is not registered with the DGS&D/NSIC shall
furnish as part of its bid, a bid security of Rs. 10,000/- (Rupees ten thousand
only) against the said equipment. The Registration of Indian Agent with
DGS&D under Compulsory Registration Scheme for Indian Agents of Ministry of
Finance (Department of Expenditure) will not be at par with Registration with
DGS&D. Such Indian Agents are required to deposit Bid Security.
14.02 The bid security is required to protect the
purchaser against risk of bidders conduct, which would warrant the securitys
forfeiture, pursuant to clause 14.07.
14.03 The bid security shall be demonstrated in
Indian Rupees and shall be in the form of a Fixed Deposit Receipts or Bankers Cheque or Account Payee Demand
Drafts or Bank Guarantees (in the prescribed proforma given in section X issued
by any of the scheduled banks as per list given in section XIII).
14.04 Any bid from a bidder, who is not registered
with the DGS&D/NSIC and who fails to furnish Bid Security (furnish a
notarized copy of the registration certificate for the item quoted), not
secured in accordance with clause 14.01 and 14.03, will be summarily rejected
by the purchaser, as non-responsive, pursuant to clause 23.
14.05 Unsuccessful bidders bid security will be
discharged/returned as promptly as possible after the expiration of the period
of bid validity prescribed by the purchaser, pursuant to clause 15, but not
later than 30 days of the award of contract. The bidders are advised in their own interest
to send a pre-receipted challan along with their bid so that the return of bid
security, after the bids have been rejected, is made within the stipulation
period.
14.06 The successful
bidders bid security will be discharged /returned upon the bidder executing the contract
pursuant to clause 31 and furnishing the Performance security, pursuant to
clause 32.
14.07 The bid security may be forfeited:
a)
If a bidder
withdraws its bid or impairs or derogates from the bid in any respect during
the period of bid validity specified by the bidder on the bid form or;
b)
In the case of a
successful bidder, if the bidder fails
to sign the
contract in accordance with clause 31 or
to furnish Performance
security in accordance with clause 32.
15. Period
of validity of bids.
15.01 Bids shall remain valid for 180 (one hundred and
eighty) days after the date of bid opening prescribed by the purchaser,
pursuant to clause 18. A bid valid for a
shorter period shall be rejected by the purchaser as non-responsive.
15.02 In exceptional circumstances, the purchaser
may solicit the bidders consent to an extension of the period of bid
validity. The request and the responses
thereto shall be made in writing. The
bid security provided under clause
14 shall also be suitably
extended. A bidder may refuse the
request without forfeiting its bid security. A bidder granting the request will
not be required nor permitted to modify its bid.
16. Format and signing of bid.
16.01 The
bidder shall prepare two copies of the bid, clearly making each original Bid
and Copy of Bid as appropriate. In the
event of any discrepancy between them, the original shall govern.
16.02 The original and copy of the bid shall be
typed or written in indelible ink and shall be signed by the bidder or a person
or persons duly authorised to bind the bidder to the contract. Written
power-of-attorney of the signatory shall accompany the bid. The person or persons signing the bid shall
initial all pages of the bid.
16.03 The bid shall contain no interlineations,
erasures or overwriting except as necessary to correct errors made by the bidder, in
which case the person or persons signing the bid shall initial such
corrections.
SUBMISSSION
OF BIDS
17.
Sealing and marking of bids.
17.01 The bidders shall seal the original and copy
of the bid in an inner and an outer envelope, duly marking the envelopes as
original and copy.
The
Inner and outer envelopes shall be (a) addressed to the purchaser at the
following address: -
Quarantine Officer,
Animal
Quarantine and Certification Services
(Northern
Region)
Government
of
Ministry of
Agriculture
Department
of Animal Husbandry, Dairying and Fisheries
Kapeshera,
New Delhi-110 037
b) bear
the Invitation for Bid (IFB) number and the words DO NOT OPEN
BEFORE 04.10.2010.
17.02 The inner envelope shall indicate the name
and address of the bidder to enable the bid to be returned unopened in case it is declared late.
17.03 If the outer envelope is not sealed and
marked as required by clause 17.01, the purchaser will assume no responsibility
for the bids misplacement or premature opening.
Bidders shall submit their bids in two parts as under:
a)
Technical bids, in duplicate, consisting of technical details bringing out
clearly in a separate sheet, the deviations in specifications if any from that of Technical Specifications and also
clause-by-clause compliance of specifications along with the commercial terms
and conditions and bid security (if applicable).
b) Price
bids showing prices in a separate sealed cover inside the
main cover.
c) It may be noted that when the main cover is
opened on the date and time scheduled
for Bid opening, only the technical bids
will be opened and read out in public.
d) Technical bids will be opened on 06.10.2010 at 1100 hours
followed by opening of price bids in respect of bidders whose technical bids
are found substantially responsive.
18. Deadline
for submission of bids.
18.01 Bids must be received by the purchaser at the
address specified under clause 17.01 no 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 a holiday for the purchaser, the bids
will be received up to the appointed time on the next working day.
18.02 The purchaser may, at its discretion, extend
this deadline for the submission of bids by amending the bidding documents in accordance with clause 06, 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.
18.03 It is the responsibility of the bidders to see
that the completed bidding documents whether sent by post or by courier or by
person are received in the Office of Quarantine Officer (NR), Animal Quarantine
& Certification Services, Government of India, Ministry of Agriculture,
Department of Animal Husbandry, Dairying and Fisheries, Kapashera, New
Delhi-110037 by the time and date stipulated for receipt as above failing which
the bid would be considered late and rejected.
Mere handing over of the bidding documents at reception counter or at
any other counter or room or person cannot be considered as submission of bid.
19. Late
bids.
Any bid received by the purchaser
after the deadline for submission of bids prescribed by the purchaser, pursuant
to clause 18, or a single bid incorporating both technical details and price,
pursuant to clause 17.03, will be rejected and/or returned
unopened to the bidder.
20. Modification
and withdrawal of bids.
20.01 The bidder may modify or withdraw its bid
after the bids submission, provided that written notice of the modification or
withdrawal is received by the purchaser prior to the deadline prescribed for
submission of bids.
20.02 The bidders modification or withdrawal
notice shall be prepared, sealed, marked and dispatched in accordance with the
provisions of clause17. A withdrawal notice may also be sent by fax/e-mail but
followed by a signed confirmation copy, postmarked not later than the deadline
for submission of bids.
20.03 No bid may be modified subsequent to the
deadline for submission of bids.
20.04 No bid may be withdrawn in the interval
between the deadline for submission of bids and the expiration of the period of
bid validity specified by the bidder in the bid form. Withdrawal of a bid during this interval
may result in the Bidders forfeiture of its bid security pursuant to clause
14.07.
E. BID OPENING AND EVALUATION
21.
Opening of bids by purchaser.
21.01 The purchaser will open bids in the presence
of bidders representatives, who choose to attend, at the time and date
specified in the invitation for bids and in Office of Quarantine Officer (NR),
Animal Quarantine & Certification Services, Government of India, Ministry
of Agriculture, Department of Animal Husbandry, Dairying and Fisheries,
Kapashera, New Delhi-110037.
21.02 The
bidders representatives, who choose to attend on behalf of the bidders shall
bring with them a letter of authority from the bidder on the letterhead for
having been authorised to be present at the time of opening of the bid. In the absence of such a letter of
authority, the representative(s) will not be allowed to enter and/or to attend
the bid opening. The bidders representatives who are present shall sign a
register evidencing their attendance. In
the event of the specified date of bid opening being declared a holiday for the
purchaser, the bids shall be opened at the appointed time and location on the
next working day.
21.03 The bidders name, technical specifications,
bid prices, modifications, bid withdrawals and the presence or absence of the
requisite bid security and such other details as the purchaser, at its
discretion, may consider appropriate will be announced at the opening.
22. Clarification
of bids.
To assist in the examination,
evaluation and comparison of bids, the purchaser may, at its discretion, ask
the bidder for a clarification of its bid.
The request for clarification and the response shall be in writing and
no change in the price or substance of the bid shall be sought, offered or
permitted.
23. Preliminary
examination.
23.01 The
purchaser will examine the bids to determine whether they are complete, whether
any computational errors have been made, whether required bid security has been
furnished, whether the document have been properly signed, whether the bid
validity is as required and whether the bids are generally in order.
23.02 Bids from agents without proper authorisation
from the manufacturers/reputed firms as per section XI and principals original
proforma invoice with break-up of price
shall be treated as non-responsive and shall be rejected.
23.03 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 supplier does not
accept the correction of the errors, its bid will be rejected. If, there is a
discrepancy between the words and figures, the amount in words shall prevail.
23.04 Prior to
the detailed evaluation, pursuant to clause 24, 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, which conforms to all the terms and
conditions of the bidding documents without material deviations. The purchasers determination of a bids
responsiveness is to base on the contents of the bid itself without recourse to
extrinsic evidence.
23.05 A bid determined as not substantially
responsive will be rejected by the purchaser and may not subsequently be made
responsive by the bidder by correction of the non-conformity.
23.06 The purchaser may waive any minor
informality or non-conformity or irregularity in a bid, which does not
constitute a material deviation, provided such waiver does not prejudice or
affect the relative ranking of any bidder.
23.07 The purchasers determination as to the
substantial responsiveness or otherwise of each bid or consideration of a minor
informality or non-conformity or irregularity is final and conclusive.
24. Evaluation and comparison of bids.
24.01 The
purchaser will technically evaluate all bids previously determined to be
responsive and compare the bids previously determined to be substantially
responsive, pursuant to clause 23 and technically acceptable.
24.02 The purchasers evaluation of a bid will
include and take into account:
In the case of goods manufactured indigenously excise duty, sales tax and other similar taxes and duties, which will be payable on
the goods if a contract is awarded to the bidder and on Free Delivery at Site
basis (District headquarters).
24.03 The purchasers evaluation of bid will take
into account, in addition to the bid price
the following factors, in the manner and to the extent indicated in
clause 24.04 and in the Technical
Specifications:
a)
Cost of
transportation and other costs within
b)
delivery
schedule offered in the bid,
c)
deviations in
payment schedule from that specified in the conditions of contract, and
d)
the cost of
guarantee/warranty
24.04 Pursuant to clause 24.03, following
evaluation methods will be followed:
a) Inland transportation, insurance and
incidentals:
Bidder
shall quote separately for inland transportation, insurance and other
incidentals for delivery of goods to the site.
These costs incurred in
b) Delivery schedule:
The purchaser requires that the goods under the
Invitation for Bids shall be delivered at the time specified in the Schedule of
Requirements. The Bids offering delivery beyond the stipulated delivery period
will be treated as unresponsive.
c) Deviation in payment schedule:
Bidders shall state their bid price for the payment
schedule outlined in the conditions of contract. Bids will be evaluated on the
basis of this base price. Bidders are,
however, permitted to state an alternative payment schedule and indicate the
reduction in bid price they wish to offer for such alternative payment
schedule. The purchaser may consider the alternative payment schedule offered
by the selected bidder.
d) Guarantee/warranty:
Bidders bid shall include guarantee/warranty for a
period specified in Technical Specification from the date of installation,
commissioning and taking over of the equipment by the consignee. In case this element is quoted at extra cost,
such cost will be added to the bid price for ranking purpose.
25. Contacting
the purchaser.
25.01 Subject to clause 22, no bidder shall contact
the purchaser on any matter relating to its bid, from the time of the bid
opening to the time the contract is awarded.
25.02 Any
effort by a bidder to influence the purchaser in the purchasers bid
evaluation, bid comparison or contract award decisions shall result in the
rejection of the bidders bid and also banning of business dealings with the
bidder for a period of three years from the date of such ban.
F.
AWARD OF CONTRACT
26. Post-qualification.
26.01 Notwithstanding the Qualification
Requirements set out in section VI the purchaser will determine to its
satisfaction whether the bidder selected as having submitted the lowest
evaluated responsive bid is qualified to satisfactorily perform the contract.
26.02 The determination will take into account the
bidders financial, technical and production capabilities. It will be based
upon the examination of the documentary evidence of the bidders qualifications
submitted by the bidder, pursuant to
clause 12, as well as such other information as the purchaser deems
necessary and appropriate.
26.03
An affirmative determination will be a prerequisite for award of the contract
to the bidder. A negative determination will result in rejection of the
bidders bid, in which event the purchaser will proceed to the next lowest
evaluated bid to make a similar determination of that bidders capabilities
to perform satisfactorily.
27. Award criteria.
Subject to clause 29, the purchaser
will award the contract to the successful bidder whose bid has been determined
to be substantially responsive and has been determined as the lowest evaluated
bid, provided further that the bidder is determined to be qualified to perform
the contract satisfactorily.
28.
Purchasers right to vary quantities at time of award.
The purchaser reserves the right at
the time of award to increase or decrease the quantity of goods and services
specified in the Schedule of Requirements without any change in prices or
other terms and conditions.
29.
Purchasers right to accept
any bid and to reject any or all bids.
The purchaser reserves the right to accept or
reject any bid and to annul the bidding process and reject any or all bids at
any time prior to award of contract, without thereby incurring any liability to
the affected bidder or bidders or any obligations to inform the affected bidder
or bidders of the grounds for the purchasers action.
30.
Notification of award.
30.01
Prior to the expiration of the period of bid validity, the purchaser will
notify the successful bidder in writing, by registered letter or by fax (to be
confirmed in writing by registered letter), that its bid has been accepted.
30.02
The notification of award will constitute the formation of the contract.
30.03
Upon the successful bidders furnishing of Performance security, pursuant to
clause 32, the purchaser will promptly notify each unsuccessful bidder and will
discharge its bid security, pursuant to clause 14.
31. Signing
of contract.
31.01
At the same time, as the purchaser notifies the successful bidder that its bid
has been accepted, the purchaser will send the bidder the contract form
provided in the bidding documents, incorporating all agreements between the
parties.
31.02
Within seven (07) days of receipt of the contract form, the successful bidder
shall sign and date the contract and return it to the purchaser.
32. Performance Security.
32.01 Within fifteen (15) days of the receipt of
notification of award from the purchaser, the successful bidder shall furnish
the Performance security in accordance with the conditions of contract, in the
Performance security form provided in the bidding documents or another form
acceptable to the purchaser.
32.02 Failure
of the successful bidder to comply with the requirement of clause 31 or clause
32 shall constitute sufficient grounds for the annulment of the award and
forfeiture of the bid security, in which event the purchaser may like to award
to the next lowest evaluated bidder or call for new bids.
SECTION
III-CONDITIONS OF CONTRACT (COC)
Clause Topic Page
Number
Number
01 Definitions 17
02 Application 17
03 Standards 17
04 Use
of contract documents and information
17-18
05 Patent
rights 18
06 Performance
security 18
07 Inspection
and tests 18-19
08 Packing 19
09 Delivery and documents 20
10 Insurance 20
11 Transportation 20-21
12 Warranty 21
13 Payment 21
14 Prices 22
15 Change
orders 22
16 Contract
amendments 22
17 Assignment 22
18 Delays
in suppliers Performance 22-23
19 Liquidated
damages 23
20 Termination
for default 23
21 Force
Majeure 23-24
22 Termination
for insolvency 24
23 Termination
for convenience 24
24 Resolution
of disputes 24-25
25 Governing
language 25
26 Applicable
law 25
27 Notices 25
28 Taxes
and duties
25
SECTION III-CONDITIONS OF CONTRACT (COC)
Definitions
01 In this contract, the following terms
shall be interpreted as indicated:
a) the contract means the agreement entered
into between the purchaser and the supplier, as recorded in the contract form
signed by the parties, including all attachments and appendices thereto and all
documents incorporated by reference
therein;
b) the
contract price means the price payable to the supplier under the contract for
the full and proper Performance of its contractual obligations;
c) the goods
means Bio Safety Cabinet, Class-A, Type A- II , a laboratory equipment which
the supplier 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 such
obligations of the supplier covered under the contract;
e) the purchaser means the President of India and
includes its successors or assignees;
f) the
supplier means the individual or firm supplying the goods under the contract
and includes its successors or assignees
and;
g) the Secretary means the Secretary of the
Ministry of Agriculture, Department of Animal Husbandry, Dairying and Fisheries
or Joint Secretary in the said Ministry or Department, and any officer of the
said Department of Animal Husbandry, Dairying and Fisheries who is authorized
for the time being to execute relevant contracts relating to the purchase and
supply of goods on behalf of the President of India.
02
Application
These conditions of contract shall apply to the
extent they are not superseded by provisions in other parts of the contract:
03 Standards
The
goods supplied under this contract shall conform to the standards mentioned in
the Technical Specifications.
04 Use of contract documents and
information.
04.01 The supplier shall not, without the purchasers
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 the Performance of the contract. Disclosure
to any such employed person shall be made confidential and shall extend only so far as
may be necessary or purposes of such Performance.
04.02 The
supplier shall not, without the purchasers prior written consent, make use of
any documentary information enumerated in clause 04.01 except for purposes of
performing the contract.
04.03 Any document other than the contract itself,
enumerated in clause 04.01, shall remain the property of the purchaser and
shall be returned (all copies) to the purchaser on completion of the suppliers
Performance under the contract if so required by the purchaser.
05. Patent rights
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 the purchasers country.
06. Performance
security.
06.01 Within fifteen (15) days after the purchasers issue of notification of award, the supplier, whether
or not registered with the DGS&D/NSIC shall furnish Performance security to
the purchaser for an amount of 5% (five percent) of the contract value, valid
up to 90 (ninety) days after the completion of Performance obligations excluding
warranty obligations.
06.02 The proceeds of the Performance security
shall be payable to the purchaser as compensation for any loss resulting from
the suppliers failure to complete its obligations under the contract.
06.03 The Performance security
shall be denominated in Indian Rupees
and shall be in the form of a Fixed Deposit Receipts or Bankers Cheques or Account Payee Demand
Drafts or Bank Guarantees (in the prescribed proforma given in section X issued
by any of the scheduled banks as per list given in section XIII).
06.04 The Performance security
will be discharged by the purchaser and returned to the supplier on completion
of the suppliers Performance obligations excluding the warranty obligations
under the contract.
06.05 In the event of any
contract amendment, the supplier shall, within 21 (twenty-one) days of such
amendment to the Performance security, rendering the same valid for the
contract, as amended.
07 Inspection
and tests
07.01 The purchaser or its
representatives shall have the right to inspect and/or to test the goods to confirm their conformity to the
contract. The Technical
Specifications and Inspection authority
and special test details indicated in section XII shall specify what
inspections and tests, the purchaser required and where they are to be
conducted. The purchaser shall notify
the supplier in writing of the identity of any representatives for this
purpose.
07.02 The inspections and tests may be conducted
on the premises of the supplier or its sub-contractor(s),at point of delivery
and/or at the goods final destination, where conducted on the premises
of the supplier
or its sub-contractor(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.
07.03 Should any inspected or tested goods fail
to conform to the specifications, the purchaser may reject them and the
supplier shall either replace the rejected goods or make all alterations
necessary to meet specification requirements free of cost to the purchaser,
within a period of 45(forty five) days of intimating such rejection.
07.04 The purchasers right to
inspect, test and, where necessary, reject the goods after the goods arrival
at the final destination shall in no way be limited or waived by reason of the
goods having previously been inspected, tested and passed by purchaser or its
representatives prior to the goods dispatch from the place of manufacture.
07.05 Nothing in clause 08 shall in any way release the supplier from
any warranty or other obligations under the contract.
08 Packing.
08.01 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 open storage. case size and weights shall take into
consideration, where applicable, the remoteness of the goods final destination
and the absence of heavy handling facilities at all points in transit. In addition, the supplier shall also
take into consideration the limitations
of the packing size acceptable for inland transportation in India by rail/road
and make necessary arrangement for the goods smooth transportation up to the
final destination specified in the contract.
08.02 The packing, marking and documentation within
and outside the packages shall comply strictly with such special requirements
as shall be expressly provided for in the contract and subject to clause 16, in
any subsequent instructions ordered by the purchaser.
08.03 Packing instructions:
The supplier will be required to make separate packages for
each consignee. Each package will be
marked on three sides with the following:
a) brief
description of goods,
b) contract
no. and date,
c) suppliers
name and address,
d) packing
list reference number and
e) consignees
name and full address.
9. Delivery
and documents
9.01 Delivery of the goods shall be made by the
supplier in accordance with the terms specified by the purchaser in the
notification of award.
09.02 For purposes of the
contract, F.O.B., C.I.F. and other trade terms used to describe the obligations
of the parties shall have the meanings assigned to them as specified in
the notification of award.
Within 24 hours of
dispatch, the supplier shall notify the purchaser, consignee, indenter and
the paying authority, the full details
of dispatch also shall supply following documents:
(i) copies of suppliers invoice showing goods description, quantity, unit price and
total amount,
(ii) Railway receipt/Consignment Note/acknowledgement for
receipt of goods from the consignee (s),
(iii) manufacturers /suppliers
guarantee certificate,
(iv) inspection certificate issued by the nominated inspection agency,
where applicable, and the suppliers factory inspection report,
(v) certificate of origin and
(vi) any other document specified in the notification of
award/contract.
10.
INSURANCE
10.01 The goods supplied under the contract, if
considered necessary, shall be fully insured in Indian rupees against loss or
damage incidental to manufacture or
acquisition, transportation, storage and delivery in the following
manner.
10.02 Where delivery of the goods is required by the
purchaser on a C.I.F. basis, the supplier shall arrange and pay for air
insurance, making the indenter as the beneficiary. Where delivery is on F.O.S.
basis, air insurance shall be the responsibility of the indenter.
10.03 In the case of C.I.F.
contract, the supplier shall obtain the air insurance in an amount equal to
110% of the C.I.F. value of the goods from warehouse to warehouse on all
risks basis including war risks and strike clauses. In the case of domestic
contracts for delivery of goods to site, the insurance shall be obtained by the
supplier, if considered necessary, in an amount equal to 110% of ex-works value
of goods from warehouse to warehouse (final destination) on all risks basis
including war risks and strike clause.
11. Transportation.
11.01 Where the
supplier is required under the contract
to deliver the goods C.I.F. or to a specified destination within India,
transport of the goods to the port of discharge or such other point in India as
shall be specified in the contract, shall be arranged and paid for by the
supplier and the cost thereof shall be included in the contract price.
11.02 Where the
supplier is required to affect delivery under any other terms, for example, by
post or to another address in
11.03 In all
the above cases, transportation of the goods after delivery shall be the responsibility
of the purchaser.
11.04 The
supplier shall not arrange part-shipments and/or transshipment without the
express/prior written consent of the purchaser.
12. Warranty
12.01 The supplier warrants that
the goods supplied under the contract incorporate all recent improvements
unless provided otherwise in the contract.
12.02 The purchaser/indenter
shall promptly notify the supplier in writing of any claims arising under this
warranty.
12.03 Upon receipt of such
notice, the supplier shall, with all reasonable speed, replace the goods, free
of cost at the ultimate destination. No claim whatsoever shall lie on the
purchaser for the replaced goods thereafter.
12.04 If the supplier, having
been notified, fails to remedy the defect(s) within a reasonable period, the
purchaser may proceed to take such remedial action as may be necessary, at the suppliers risk
and expense and without prejudice to any other rights which the purchaser may
have against the supplier under the contract.
12.05 The warranty for defective
goods will begin de novo from the date of replacement.
13. Payment
Payment for goods and services:
Payment for goods and services
shall be made in Indian rupees in the following manner:
The contract price
shall be paid to the contractor on submission of a claim supported by the
acceptance certificate issued by the consignee/purchasers representative in the proforma given in
section XI;
13.01 The suppliers request for payment shall be
made to the paying authority specified in the notification of award/contract in
writing accompanied by an invoice describing, as appropriate the goods
delivered and the services performed and upon fulfillment of other obligations
stipulated in the contract.
13.02 The paying authority on submission of claim by
the supplier shall make payments promptly.
13.03 No payments will be made without the written
authority of the purchaser.
14
Prices
Prices charged by the supplier for goods delivered and services
performed under the contract shall not vary from the prices quoted by the
supplier in its bid.
15
Change orders
15.01 The purchaser may at any time, by a written
order given to the supplier pursuant to clause 27, 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 supplied under the contract are to
be specifically manufactured for the purchaser;
b) the
method of packing;
c) the
place of delivery or
d) the
services to be provided by the supplier.
15.02 If any such change causes
an increase or decrease in the time required for, the suppliers Performance of
any part of the work under the contract, whether changed or not changed by the
order, an equitable adjustment shall be made in the contract delivery schedule
and the contract shall accordingly be amended.
Any claims by the supplier for adjustment under this clause must be
asserted within forty-five (45) days from the date of purchasers change order.
16 Contract Amendments
Subject to clause 15, no variation in or modification of the terms of
the contract shall be made except by written amendment signed by the parties.
17 Assignment
The supplier shall not assign, in whole or in part, its obligations to
perform under the contract, except with the purchasers prior written consent.
18 Delays in the suppliers Performance.
18.01 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 Schedule of Requirements.
18.02 Any unexcused delay by the
supplier in the Performance of its delivery obligations shall render the supplier liable to any or all of the
following sanctions:
·
forfeiture of its Performance
security.
·
imposition of liquidated damages
and/or
·
termination of the contract for
default.
18.03 If at any time during the 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 receipt of the suppliers notice, the purchaser shall
evaluate the situation and may at its discretion extend the suppliers time for
Performance, in which case the extension
shall be ratified by the parties
by amendment of the contract.
19 Liquidated damages
19.01 For delays:
Subject
to clause 21, if the supplier fails to deliver any or all of the goods or
perform the services within the time period(s) specified in the contract, the
purchaser shall, without prejudice to its other remedies under the contract,
deduct from the contract price, as
liquidated damages, a sum equivalent to 0.5 percent of the delivered price of
the delayed goods or under performed services for each week of delay or part
thereof until actual delivery or Performance, up to a maximum deduction of 10
(ten) percent of the delayed goods or services contract price. Once the maximum is reached, the purchaser may consider
termination of the contract.
19.02 For shortfall in
Performance:
Recovery shall be made
from the supplier for not meeting the guaranteed Performance/productivity of
the goods during actual testing as detailed in Technical Specifications, a
sum equivalent to one percent of the cost of the equipment/plant for each unit
of shortfall in the guaranteed Performance/productivity, where applicable.
20 Termination
for default
20.01 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 in part:
a)
if the supplier fails to deliver
any or all of the goods or perform the services within the time period(s)
specified in the contract or any extension thereof granted by the purchaser
pursuant to clause 18,
OR
(b) if the supplier fails to perform any
other obligation(s) under the contract.
20.02 In the event the purchaser
terminates the contract in whole or in
part, pursuant to clause 21.01, the purchaser may procure, upon such terms and
in such manner, as it deems appropriate, goods similar to those undelivered and
the supplier shall be liable to the purchaser for any excess costs for such
similar goods. However, the supplier shall continue Performance
of the contract to the extent not terminated.
21 Force
Majeure
21.01 Notwithstanding the provisions of clause 18, 19 and 20 the
supplier shall not be liable for forfeiture of its Performance security, liquidated damages or
termination for default, if and to the extent that, its delay in Performance or
other failure to perform its obligations under the contract is the result of an
event of Force Majeure.
21.02 For purpose of this clause,
Force Majeure means an event beyond the control of the supplier and not
involving the suppliers fault or negligence and not
foreseeable. Such events may include,
but are not restricted to, acts of the purchaser either in its Sovereign or contractual
capacity, wars or revolutions, fires, floods, epidemics, quarantine
restrictions and freight embargos.
21.03 If a force Majeure situation arises, the
supplier shall promptly notify the purchaser in writing of such conditions and
the cause thereof. Unless otherwise
directed by the purchaser in writing, the supplier shall continue to perform
its obligations under the contract as far as reasonably practical, and shall
seek all reasonable alternative means for Performance not prevented by the
Force Majeure event.
22. Termination for insolvency
The purchaser may at any time
terminate the contract by giving written notice to the supplier without
compensation to the supplier, if the supplier becomes a bankrupt or otherwise
insolvent, 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.
23 Termination
for convenience
23.01 The purchaser, may by written notice sent to
the supplier, 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 purchasers convenience, the extent
to which Performance of work under the contract is terminated, and the date
upon which such termination becomes effective.
23.02 The goods that are complete and ready for
shipment within 30 (thirty) days after the suppliers receipt of notice of
termination shall be purchased 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
(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.
24. Resolution of disputes
24.01 The purchaser and the supplier shall make
every effort to resolve amicably by direct informal negotiations any
disagreement or dispute arising between them under or in connection with the
contract.
24.02 If, after thirty (30) days from the
commencement of such informal negotiations, the purchaser and the supplier have
been unable to resolve amicably a contract dispute, either party may require
that the dispute be referred for resolution to the formal mechanism specified
in clause 24.03 below. These mechanisms
may include, but are not restricted to,
conciliation mediated by a third party, adjudication in an agreed national or
international forum and/or international arbitration.
24.03 The dispute resolution mechanism to be applied
pursuant to clause 24.02 shall be as follows:
·
The agreement
signed will be subject to Indian Laws.
·
The purchaser
and the Contractor shall make every effort to resolve amicably by direct
informal negotiation any disagreement or dispute arising between them under or
in connection with the contract.
·
In case the
informal negotiations fail, resolution of dispute will be made through
arbitration by an arbitrator nominated by Secretary, Department of Animal Husbandry, Dairying & Fisheries. The provisions of the Arbitration and
conciliation Act, 1996 (India) shall be applicable and the award shall be final
and binding.The place of arbitration shall be New Delhi unless the Arbitrator
directs otherwise.
25. Governing Language.
The contract shall be written in the
language of the bid, as specified by the purchaser in the Instructions to
Bidders. Subject to clause 26, that English
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 that same language.
26. Applicable Law
The contract shall be interpreted in accordance with the Laws of India.
27
Notices
27.01 Any notice given by one party to the other
pursuant to the contract shall be sent in writing or by telegram or fax and
confirmed in writing to the address specified for the purpose in the
notification of award/contract.
27.02 A notice
shall be effective when delivered or on the effective date of notice, whichever
is later.
28 Taxes
and Duties
A local supplier shall be entirely responsible for all taxes, duties,
license fees, etc. incurred until delivery of the contracted goods to the
purchaser.
SECTION IV: SCHEDULE OF REQUIREMENTS
PART I:
Item Brief Description of Goods Quantity Delivery period
Note:
1. All
the materials should be well packed to avoid any breakage during transit.
3.
The warranty
shall be as per Clause 12 of the Conditions of Contract. But if period as
per Technical Specification is more, then that will be applicable. This period
shall apply to all relevant clauses of Bidding documents.
4.
Bidders shall
submit their Bids in two parts as per clause 17.03 of Section-II Instruction
to Bidders (IFB).
5.
Bidders shall
submit their Performance statement as per Section VI Qualification Criteria
(Proforma- A) along with certificate from the users and copy of the orders for
the equipment quoted.
6.
Bid security
(EMD) to be furnished in favour of DDO (NPRE),
Ministry of Agriculture, Department of Animal Husbandry, Dairying &
Fisheries, Shastri Bhawan,
7.
The Registration of Indian Agent with DGS&D under
Compulsory Registration Scheme for Indian Agents of Ministry of Finance
(Department of Expenditure) will not be at par with Registration with
DGS&D. Such Indian Agents are required to deposit Bid Security.
SECTION V
TECHNICAL SPECIFICATIONS
Name
of Laboratory equipment:- Bio
Safety Cabinet, Class A, Type A -2
1.
Microprocessor
Controlled Bio-safety should be of 4 ft. Class II Type A2 (70% circulation and
30% exhaust).
2.
It should have
nominal inflow velocity of 105 fpm (0.5 m/sec) & nominal down flow velocity
of 55 fpm (0.3 m/sec).
3.
System must be NSF certified and
certification on 220 volt should be attached with offer.
4. System should have Interior-mounted, line-of-sight
LCD information center with "Filter Life Remaining" bar graph, status
line for alarm conditions and alerts to warn filter remaining life in
percentage.
5.
Blower motor should be of the latest technology generates
less heat (67 BTU/ Hour or less), noise level 62 dBA. It must have greater
torque so filter last longer.
6.
System should have a built in mechanism to
compensate upto 200% filter load automatically on the complete range without
any manual intervention.
7.
System should automatically compensate for low and
high voltage and maintains proper blower speed.
8.
System should have
built-in interval or elapsed timer for experiment monitoring or UV light
control.
9.
System should have
touchpad control on right-hand side post for manual activation of blower,
light, timer, audible alarm mute and menu selection
10.
Bio-safety
Cabinet should have type 304 stainless
steel interior and removable, seamless, dished work surface with lift out knobs
11.
Exterior of
Bio-safety Cabinet should be epoxy-coated.
12.
System should
Contain-Air Negative Pressure Channel
13.
System should be of
Class 5 conditions per ISO 14644-1 and 2 (formerly Class 100).
14.
System should have supply and exhaust 99.99% efficient HEPA filters .
15.
System should have
two electrical duplex receptacles, (single outlets on 230 volt models), located
one on each side, with ground fault interruption and stainless steel splash
covers.
16.
System should have
fully-closing, clear 1/4" tempered safety glass sash with two sash
handles; counterbalanced, anti-racking mechanism; and 10° slope 29" sash
opening viewing height.
17.
System should have
bright, 100 foot-candle,
glare-free fluorescent lighting located outside the contaminated work area.
There should be provision for demonstration before
final approval of equipment.
(Referred to in Clause 12.03 of ITB)
1.
The bidders must
be a reputed
firms /manufacturers /authorised agents who
have been given license for commercial manufacture or supply of specified
equipment in the country. In support of
this, the bidder shall furnish performance statement in the enclosed Proforma
A.
PROFORMA
A
IFB
No. :
Date
of opening :
Time :
|
Order
placed by (full address of Purchaser) |
Order
number and
date |
Description
and quantity of
ordered goods and services |
Value
of order (Rs.) |
Date
of completion of Contract |
Remarks indicating
reasons
for
delay if
any |
Have
the goods been functioning Satisfactorily (attach
documentary
proof) |
|
|
As
per contract |
Actual |
||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|
|
|
|
|
|
|
Signature and seal of the bidder
SECTION - VII
BID FORM AND PRICE SCHEDULES
Date
IFB
No.
The President of
Through the Department of Animal
Husbandry, Dairying and Fisheries,
Room No.230, Krishi Bhawan,
New Delhi-110001.
Gentlemen,
Having
examined the bidding documents (including addenda Nos.), the receipt of which
is hereby duly acknowledged, we, the undersigned, offer to supply and deliver
(description of goods and services) in conformity with the said bidding
documents for the sum of (total bid amount in words and figures) or such other
sums as may be ascertained in
accordance with the schedule of prices attached herewith and made part of this
bid.
We
undertake, if our bid is accepted, to commence delivery within (number) days
and to complete delivery of all the items specified in the contract and to
perform the entire incidental services within (number) days calculated from the
date of your notification of award.
If
our bid is accepted, we will obtain the guarantee of a bank in a sum not
exceeding 5 % (five percent) of the contract price for the due Performance of
the contract (if applicable).
We
agree to abide by this bid for a period of 180 (one hundred and eighty) days from the date fixed for bid
opening under clause 21 of the instruction to
bidders and it shall remain bidding up on us and may be accepted at any
time before the expiration 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.
We
understand that you are not bound to accept the lowest or any bid you may
receive.
(in the capacity of)
Duly authorised to sign bid for and on behalf
of
..
PRICE
SCHEDULE FOR GOODS /ITEMS
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|||||
|
Sl. No. |
Item Des-cription |
Quantity |
Price per
unit |
Unit Price Inclu- ding Ex-cise Duty [a+b+c+d+e+f] |
Total Price Inclu- ing Excise Duty 4x6 |
Sales and other Taxes Payable, if Contract is awarded |
|||||
|
Ex- factory/ Ex-ware-
house/ Ex-show- room/ Off-the shelf (a) |
Excise Duty (if any) (b) |
Pac-king and For- war- ding © |
Inland Trans- portation (d) |
Insu- rance and Incidental costs (e) |
Inci den- tal Ser-vices (inclu-ding super-vi-sion) (f) |
||||||
|
|
|
|
|
|
|
|
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|
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|
Total bid price in Rupees:
In
words:
Signature
of bidder
Name
Business Address
Date:
NOTE:
(i) In case of discrepancy between unit price and
total price, the unit price shall prevail.
SECTION
VIII
BID
SECURITY FORM (BANK GUARANTEE)
Whereas
[name of bidder] (hereinafter
called the bidder) has submitted his bid dated
.(date)for the supply
of
..
..(hereinafter called the bid).
KNOW ALL MEN by these presents that
we
of
.having registered office at
(hereinafter called the bank) are
bound up to the President of India (hereinafter call the purchaser) in the
sum of
.. for which payment well and truly to be, made to
the said purchaser, the bank binds itself, its
successors and assigns by these presents.
Sealed with the common seal of the
said bank this
day of
., 2010.
The conditions of this obligation
are:
If the
bidder withdraws its bid during the period of bid validity specified by the
bidder on the bid form or
If the
bidder, having been notified of the acceptance of its bid by the purchaser
during the period of bid validity,
fails or refuses to execute the contract form, if
required or;
fails
or refuses to furnish the Performance security, in accordance with the
instructions to bidders.
We undertake to pay to the purchaser up to the above
amount upon receipt of its first written demand, without the purchaser having
to substantiate its demand, provided that in its demand the purchaser will note
that the amount claimed by it, is due to it, owing to the occurrence of one or
both of the two conditions, specifying the occurred condition or conditions.
This
guarantee will remain in force up to and including 60 (sixty) days after the
period of bid validity or as it may be extended by the purchaser, notice of
which extension(s) to the bank is hereby waived and any demand in respect
thereof should reach the bank not later than the above date.
Signature and Seal of the Bank.
Date
Place
..
Witness
..
(Signature,
name and address)
SECTION
IX
CONTRACT
FORM
This agreement made the
day of
.. 2010 between the President of India (hereinafter
the purchaser) of the one part and
(name of supplier) of (address, city and country of supplier) (hereinafter the supplier) of the other
part.
Whereas the purchaser is desirous
that certain goods and ancillary services, viz. (brief description of goods and services)
and has accepted a bid by the supplier for supply of those goods and services
in the sum of (contract price in words and figures) (hereinafter the contract price).
Now this Agreement witnesses
as follows:
In this agreement words and expressions shall have the same meanings as
are respectively assigned to them in the conditions of contract referred to.
The following documents shall be deemed to form and
be read and construed as part of this agreement, viz.:
the
Technical Specifications,
the
Conditions of Contract and
the
purchasers Notification of Award
In consideration of the payments to
be made by the purchaser to the supplier as hereinafter mentioned, the supplier
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.
The purchaser hereby covenants to pay the supplier in
consideration of the provision of the goods and services and the remedying of
defects therein, the contract price or such other sum as may become payable
under the provisions of the contract at the times and in the manner prescribed by
the contract. Brief particulars of the
goods and services which shall be supplied/provided by the supplier are as
under:
Sl.No.
Brief description Quantity
to Unit price Delivery terms
Of
goods/services be supplied (FOB/CIF/FOR
etc)
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 supplier)
in
the presence of
SECTION X
PERFORMANCE SECURITY FORM (BANK
GUARANTEE)
Whereas
(name
and address of the supplier) (hereinafter called the supplier) has
undertaken, in pursuance of contract No
..dated
..2010 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 supplier shall furnish you with a bank
guarantee by a recognised bank for the sum specified therein as security for
compliance with its obligations in accordance with the contract.
And whereas we have agreed to give
the supplier such a bank guarantee.
Now therefore we hereby affirm that
we are guarantors and responsible to you, on behalf of the supplier, up to a
total of
(amount of the guarantee in words and figures),
such sum being payable in the types and proportions of currencies in which the
contract price is payable, and we
undertake to pay you, upon your first written demand declaring the supplier to
be in default under the contract and without cavil or argument, any sum or sums within the
limits of (amount of guarantee) as
aforesaid, without your needing to prove or to show grounds or reasons
for your demand or the sum specified therein.
We hereby waive the necessity of
your demanding the said debt from the supplier before presenting us with the
demand.
We further agree that no change or
addition to or other modification of the terms of the contract to be performed
there under or of any of the contract documents which may be made between you
and the supplier shall in any way release us from any liability under this
guarantee and we hereby waive notice of any such change, addition or
modification.
This guarantee shall be valid until the date of issue of
the Acceptance Certificate issued by the purchasers representative.
Signature and seal of the guarantor
Place
Date
SECTION XI PROFORMA OF CERTIFICATE FOR ISSUE BY THE
PURCHASER AFTER SUCCESSFUL SUPPLY OF GOODS
(referred to in clause 13 of COC)
No
.. Date
.
To
Messrs.
.
.
Subject: Certificate of supply
of Goods.
This
is to certify that the goods as detailed below has/have been received in good
condition in accordance with the contract/technical specifications.
Contract No. Date
Description of the goods
Quantity
Bill
Of
Goods
Consignment Note no
. dated
...
(f) Name of
the vessel/Transporter
(g) Name of the Consignee
Date of
delivery of goods
The supplier has fulfilled its contractual obligations
satisfactorily ## or
The
supplier has failed to fulfill its contractual obligations with regard to the
following:
He has not adhered to the time schedule specified in
the contract in dispatching the documents pursuant to Technical Specifications.
The extent of delay for each of the activities to be
performed by the supplier in terms of the contract is
The
amount of recovery on account of failure of the supplier to meet his
contractual obligations is
(here indicate the amount).
Signature
Name
Designation
with stamp
## Explanatory notes for filling up the
certificate:
He has adhered to the time schedule specified in the
contract in dispatching the documents pursuant to Technical Specification.
In the event of documents having not been supplied or
delivery of goods having been delayed on account of the supplier, the extent of
delay should always be mentioned in clear terms.
SECTION XII
INSPECTION AUTHORITY & SPECIAL TEST DETAILS
(Referred to in clause 07.01 of COC)
Inspection Authority : Department of Animal Husbandry,
Dairying & Fisheries
Inspection Officer : Regional Officer/Quarantine Officer of
concerned
A.Q
& CS Station or any other officer
(s) nominated,
Place of Inspection : At the place of consignee after
receipt of the goods.
Test Details: The Goods shall be inspected/tested
for their conformity to the accepted specification and services specified in
the contract and to prove its guaranteed performance.
SECTION XIII
LIST OF SCHEDULED BANKS
(referred to in clause 14 of ITB
and 06 of COC)
1. State Bank of
2. State Bank of Bikaner & Jaipur
3. State Bank of
4. State Bank of
5. State Bank of
6. State Bank of
7. State of
8. State Bank of Travancore
NATIONALISED
BANKS
1. Allahabad Bank
2. Andhra Bank
3. Bank of
4. Bank of
5. Bank of
6. Canara Bank
7. Central Bank of
8. Corporation Bank
9. Dena Bank
10. Indian Bank
11. Indian Overseas Bank
12. Oriental Bank of Commerce
13. Punjab National Bank
14. Punjab & Sind Bank
15. Syndicate Bank
16. UCO Bank
17. Union Bank of
18. United Bank of
19. Vijaya bank
OTHER
PUBLIC SECTOR BANK
1. IDBI Ltd.
SCHEDULED
PRIVATE SECTOR BANKS
The Bank of Rajasthan Ltd.
Bharat Overseas Bank Ltd.
Catholic Syrian Bank Ltd.
City Union Bank Ltd.
Development Credit Bank Ltd.
Dhanalakshmi Bank Ltd.
Federal Bank Ltd.
Ganesh Bank of Kurundwad Ltd.
HDFC Bank Ltd.
ICICI Bank Ltd.
IDBI Bank Ltd.
IndusInd Bank Ltd
ING Vysya Bank Ltd.
Jammu & Kashmir Bank Ltd.
Karnataka Bank Ltd.
Karur Vvsya Bank Ltd.
Kotak Mahindra Bank Ltd.
Lakshmi Vilas Bank Ltd.
The Nainital Bank Ltd.
The Ratnakar Bank Ltd.
The Sangli Bank Ltd.
SBI Commercial & International
Bank Ltd.
The South Indian Bank Ltd.
Tamilnad Mercantile Bank Ltd.
The United Western Bank Ltd.
Axix Bank
30. Yes Bank Ltd.
SCHEDULED FOREIGN BANK
1. ABN Amro Bank N.V.
2. Abu Dhabi Commercial Bank Ltd.
3. American Express Bank
4. Antwerp Diamond Bank N.V.
5. Arab Bangladesh Bank
6. Bank International
7. Bank of
8. Bank of
9. Bank of
10. Bank of
11. Bank of Tokyo-Mitsubishi Ltd.
12. Barclays Bank
13. BNP Paribas
14. China Trust Commercial Bank
15. Cho Hung Bank
16. Citi Bank N.A.
17. Calyon Bank
18. Deutsche Bank A.G.
19. DBS Bank Ltd.
20. The Hongkong and Shanghai Banking Corporation Ltd.
21. ING Bank N.V.
22. J.P. Morgan Chase Bank
23. Krung Thai Bank Public Company Ltd.
24. Mashreq Bank p.s.c.
25. Mizuho Corporate Bank
26. Oman International Bank S.A.O.G.
27. Societe Generale
28. Sonali Bank
29. Standard Chartered Bank
30. State Bank of Mauritius Ltd.
31. UFJ Bank Ltd.
NOTE:
1. The bank guarantee and
extension letter, if any, shall be furnished on a non-judicial stamp paper from
any of the above banks mentioned above, failing which the bid will be treated
as non-responsive and rejected.
2. The list of banks is subject to change
as and when Reserve Bank of
SECTION XIV
PERFORMANCE BOND (BANK GUARANTEE)
In
consideration for the President of India, acting through the Department of
Animal Husbandry, Dairying & Fisheries(hereinafter called the purchaser)
having agreed to release the 100% payment of net F.O.B. price under the terms
and condition of a concluded contract No
dated
(hereinafter
called the goods and services) to Messrs.
..(hereinafter
called the supplier) on submission of a
bank guarantee to the satisfaction of the purchaser for the due
Performance of the said contract.
We
(hereinafter called the bank) at the request of the supplier do, as a primary
obligor and not merely as surety, hereby irrevocably, unconditionally and
absolutely undertake against any loss or damage caused or suffered by the
purchaser by reason of any failure of the supplier to perform or omission or
negligence to perform any part of its
obligations to the satisfaction of the purchaser in terms of the contract.
We,
the bank, do hereby undertake to pay the amount due and payable under
this guarantee without any demur merely on a demand from the purchaser stating that the amount
claim is due by way of loss or damage
caused to or would be caused to or suffered by the purchaser by reason of any
breach by the said supplier of any of the terms and conditions contained in the
said contract or by reason of the suppliers failure or omission or negligence
to perform the said contract or any part thereof. Any such demand made on the bank shall be
conclusive as regards the amount due and payable by the bank under this
guarantee, which shall not be considered as satisfied by any intermediate
payment or satisfaction of any part of or obligation hereunder. However, our liability under this guarantee
shall be restricted to an amount not exceeding
.
We, the bank, undertake to pay to
the purchaser any amount so demanded by the purchaser, notwithstanding;
any dispute or difference between the purchaser and
the supplier or any other person or between the supplier or any person or any
suit or proceeding pending before any court or tribunal or arbitrator relating
thereto or;
the invalidity, irregularity or enforceability
of the contract or;
any other circumstances which might otherwise
constitute discharge of this guarantee, including any act or omission or commission on the part
of the purchaser to enforce the obligations by the supplier or any other person
for any reason whatsoever.
We, the bank, further agree that the guarantee herein
contained shall be continued one and remain in full force and effect during the
period that would be taken for the Performance of the said contract and that it
shall continue to be enforceable till all the dues of the purchaser under or by virtue of the
said contract have been fully
paid and its
claims satisfied or discharged or till the office of the Department of Animal
Husbandry, Dairying and Fisheries certifies that the terms and conditions of
the said contract have been fully and promptly carried out by the said supplier
and accordingly discharges this guarantee.
We, the bank, hereby agree and undertake that any
claim which the bank may have against the supplier shall be subject to and
subordinate to the prior payment and Performance in full of all the obligations
of the bank hereunder and the bank will not, without prior written consent of the purchaser, exercise any legal rights
or remedies of any kind in respect of any such payment or Performance so long
as the obligations of the bank hereunder remain owning and outstanding,
regardless of the insolvency, liquidation,
or bankruptcy of the supplier or otherwise howsoever. We, the bank, will not counter claim or set
off against its liabilities to the
purchaser hereunder any sum outstanding to the credit of the purchaser with it.
We, the bank further agree with the purchaser that
the purchaser shall have fullest liberty without our consent, without affecting
in any manner our obligations hereunder to vary any of the terms and conditions
of the said contract or to extend time of Performance by the said supplier from
time to time or to postpone for any time
or from time to time and of the powers exercisable by the purchaser against the
said supplier and forbear or enforce any of the terms and conditions relating
to the said contract and we shall not be relieved from our liability by reason
of any such variation or extension being granted to the said supplier or for
any forbearance, act or omission on the part of the purchaser or any indulgence
by the purchaser to the said supplier or by any such matter or thing whatsoever
which under the law relating to sureties would, but for this provision, have
effect of so relieving us.
This
guarantee will not be discharged due to the change in the constitution of the
bank or the supplier.
We,
the bank, lastly undertake not to revoke this guarantee during its currency
except with the previous consent of the purchaser in writing.
The
disputes relating to this bank guarantee shall be resolved as per the terms and
conditions of the contract.
Signature and seal of the Bank
Place:
Date
:
SECTION XV -- LIST OF CONSIGNEES
Laboratory equipment :
Bio
Safety Cabinet, Class A, Type A -2 (four Units)
Regional
Officer/Quarantine Officer of the concerned Animal Quarantine and Certification
Service Station situated at New Delhi, Mumbai, Chennai and Kolkata