- National Aerospace Laboratories

- National Aerospace Laboratories
TENDER DOCUMENT
FOR
PROCUREMENT OF
WORKING COMPUTERS, INDUSTRIAL COMPUTERS, WORKING LAPTOP,
RUGGED LAPTOP AND HIGH END COMPUTER
COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH
NATIONAL AEROSPACE LABORATORIES
NWTC ROAD, BELUR, BANGALORE – 560037
KARNATAKA-INDIA
1
Council of Scientific and Industrial Research
National Aerospace Laboratories
HAL Airport Road, Kodihalli, Bangalore – 560017, Karnataka-India
Tel #: 00 91 80 25051986 / 1857 / 1858/1859
Fax #: 00 91 80 25051856
Email: [email protected]
Website: www.nal.res.in
Invitation for Bids / Notice Inviting Tender
CSIR- National Aerospace Laboratories (NAL), Bangalore is one of the premier laboratories under Council of Scientific
and Industrial Research, an autonomous body under Department of Scientific and Industrial Research (Government of
India), New Delhi. CSIR-NAL is a Science and Knowledge based Research, Development and Consulting Organization.
It is internationally known for its excellence in Scientific Research in Aerospace Engineering.
The Director, CSIR-NAL invites sealed bids from Manufacturers, their distributors and Indian Agent of Foreign
Principals, if any, for the procurement of the following equipment(s) / item(s) for its day-to-day research. The Technical
specifications are given in Chapter 4 appended herewith.
Sr.
No.
Tender No.
1
ABP/MAV/106/2013
Brief Description of item(s)
Quantity
Working Computers, Laptop,
Rugged Laptop, Industrial
Computers and High End
Computers
As
mentioned in
Chapter 4
Single /
Two Bid
Two
Bid
1.
The address for submission of bids and for obtaining further information:
Sr. Controller of Stores & Purchase
Purchase Section
CSIR- Centre for Mathematical Modelling and Computer Simulation
NAL, NWTC Road, Belur, Bangalore – 560037
Karnataka-India
Tel # : 080 25051986/ 25051857/ 25051858
Fax # : 080 25051856
Email : [email protected]
2.
The bidding documents can be downloaded directly from our website www.nal.res.in free of cost.
3.
Each complete set of bidding document may be purchased by any interested bidder on submission of a written
application to the above office and upon payment of a non-refundable and non-transferable fee of Rs. 300/- in
the form of a Demand Draft in favour of The Director, National Aerospace Laboratories payable at Bangalore
during office hours on all working days up to 4.30 p.m. either in person or by post.
2
4.
The Bid prepared by the Bidder shall include the following:i)
Bid Security
a) In case of Foreign Bidder : US$1200.00
[US$ Six Thousand Five Hundred only]
b) In case of Indigenous Bidder : Rs. 70000.00
[ Rupees Seventy Thousand only]
ii)
Form as specified in Chapter No.8
5.
All bids must be accompanied by a bid security as specified above and must be delivered to the above office
at the date and time indicated above. Bids will be opened in the presence of Bidders' representatives who
choose to attend on the specified date and time. In the event of the date specified for bid receipt and opening
being declared as a closed holiday, the due date for submission of bids and opening of bids will be the
following working day at the appointed time.
6.
The Schedule for Submission of Bids and Opening of Bids is as follows:-
7.
Date
Time in hours (IST)
Submission of Bids
04.03.2014
9:30 AM (IST)
Opening of Technical Bids
04.03.2014
11.00 AM (IST)
Venue
As detailed at Sr. No.1
The Director, CSIR- National Aerospace Laboratories (NAL), Bangalore reserves the right to accept any or all
tenders either in part or in full or to split the order without assigning any reasons there for.
3
CONTENTS OF TENDER / BIDDING DOCUMENT
The bidding documents, apart from the Invitation for Bids / Notice Inviting Tender have been divided into 8
chapters as under:
Chapter No.
Name of the Chapter
Page No.
1
Instructions to Bidder (ITB)
5
2A
General Conditions of Contract (GCC)
19
2B
Special Conditions of Contract (SCC)
30
3
Schedule of Requirements
35
4
Specifications and Allied Technical Details
36
5
Qualification requirements
42
6
Price Schedule Forms
45
7
Contract Form
47
8
Standard Forms
48
ACRONYM
LIST OF SHORT FORMS AND FULL FORMS
EXPANSION
BG
BANK GUARANTEE
BS
BID SECURITY
CIF
COST INSURANCE FREIGHT
CIP
COST INSURANCE PRICE
CSIR
COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH
CVC
CHIEF VIGILANCE COMMISSIONER
DGS&D
DIRECTOR GENERAL OF SUPPLIES & DISPOSAL
EMD
EARNEST MONEY DEPOSIT
ESIC
EMPLOYEES STATE INSURANCE CORPORATION
FCA
FREE CARRIAGE ALONG SIDE
FOB
FREE ON BOARD
FS
FULL SCALE
GCC
GENERAL CONDITIONS OF CONTRACT
GOI
GOVERNMENT OF INDIA
ICC
INTERNATIONAL CHAMBERS OF COMMERCE
IEMs
INDEPENDENT EXTERNAL MONITORS
IOP
INTENSIVE OPERATION PERIOD
IP
INTEGRITY PACT
IPC
INDIAN PENAL CODE
IST
INDIAN STANDARD TIME
IT
INCOME TAX
ITB
INSTRUCTION TO BIDDER
JS (A)
JOINT SECRETARY (ADMINISTRATION)
LC
LETTER OF CREDIT
NAL
NATIONAL AEROSPACE LABORATORIES
NIT
NOTICE INVITING TENDER
NSIC
NATIONAL SMALL INDUSTRIES CORPORATION
PS
PERFORMANCE SECURITY
SCC
SPECIAL CONDITIONS OF CONTRACT
UNCITRAL
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE
4
Clause No.
CHAPTER 1 - INSTRUCTIONS TO BIDDERS - Table of Contents
Contents
A. Introduction
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
1.36
1.37
1.38
1.39
1.40
1.41
Eligible Bidders
Cost of Bidding
Fraud and Corruption
B. The Bidding Documents
Cost of Bidding Documents
Content of Bidding Documents
Clarification of Bidding Documents
Amendment to Bidding Documents
C. Preparation of Bids
Language of Bid
Documents Comprising the Bid
Bid form and price schedule
Bid Prices
Bid Currencies
Documents establishing Bidder's Eligibility and Qualifications
Documents establishing Goods' Eligibility and Conformity to Bidding Documents
Bid Security / Earnest Money Deposit
Period of Validity of Bids
Format and Signing of Bid
D. Submission and Sealing of Bids
Submission, Sealing and Marking of Bids
Due date for Submission of Bids
Late Bids
Withdrawal, Substitution and Modification of Bids
E. Opening and Evaluation of Bids
Opening of Bids by the Purchaser
Confidentiality
Clarification of Bids
Preliminary Examination
Responsiveness of Bids
Non-Conformity, Error and Omission
Examination of Terms & Conditions, Technical Evaluation
Conversion of Single Currency
Evaluation and Comparison of Bids
Comparison of Bids
Contacting the Purchaser
Post qualification
F. Award of Contract
Negotiations
Award Criteria
Purchaser's right to vary Quantities and Time of Award
Purchaser's right to accept any Bid and to reject any or all Bids
Notification of Award
Signing of Contract
Order Acceptance
Performance Security
5
Page No.
6
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8
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10
11
11
11
12
13
13
13
14
14
14
14
15
15
15
16
16
17
17
17
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17
17
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A.
Introduction
Instructions to bidder are broad guidelines to be followed while formulating the bid and its submission to the
Purchaser. It also describes the methodology for opening and evaluation of bids and consequent award of contract.
1.1
Eligible Bidders
1.1.1.
This Invitation for Bids is open to all suppliers.
1.1.2.
Bidders should not be associated, or have been associated in the past, directly or indirectly, with a firm
or any of its affiliates which have been engaged by the Purchaser to provide consulting services for the
preparation of the design, specifications, and other documents to be used for the procurement of the
goods to be purchased under this Invitation of Bids.
1.1.3.
Bidders who fulfil the pre-qualification/eligibility criteria mentioned in Chapter 5 will be considered for
technical evaluation
1.2
Cost of Bidding
1.2.1.
The Bidder shall bear all costs associated with the preparation and submission of its bid, and “the
Purchaser", will in no case be responsible or liable for these costs, regardless of the conduct or outcome
of the bidding process.
1.3
Fraud and corruption
1.3.1.
The purchaser requires that the bidders, suppliers and contractors observe the highest standard of
ethics during the procurement and execution of such contracts. In pursuit of this policy, the following are
defined:
Sr. No.
Term
Meaning
(a)
Corrupt practice
The offering, giving, receiving, or soliciting, directly or indirectly, of
anything of value to influence the action of a public official in the
procurement process or in contract execution.
(b)
Fraudulent practice
a misrepresentation or omission of facts in order to influence a
procurement process or the execution of a contract.
(c)
Collusive practice
means a scheme or arrangement between two or more bidders,
with or without the knowledge of the purchaser, designed to
establish bid prices at artificial, non-competitive levels.
(d)
Coercive practice
means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the
procurement process or affect the execution of a contract.
1.3.2.
The purchaser will reject a proposal for award if it determines that the Bidder recommended for award
has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in
competing for the Contract in question.
B.
The Bidding Documents
1.4
Cost of Bidding Documents
1.4.1.
Interested eligible bidders may purchase the bidding documents on payment of the cost of bidding
documents as indicated in the Invitation for bids / NIT or alternatively, the bidding documents can be
downloaded from our Website as indicated in the Invitation for Bids / NIT free of cost.
1.5
Content of Bidding Documents
1.5.1.
The goods required, bidding procedures and contract terms are prescribed in the bidding documents
which should be read in conjunction. The bidding documents, apart from the Invitation for Bids / Notice
Inviting Tender have been divided into Eight Chapters as indicated on Page 4.
1.5.2.
The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding
documents. Failure to furnish all information required by the bidding documents or submission of a bid
not substantially responsive to the bidding documents in every respect will be at the Bidder's risk and
may result in rejection of its bid.
6
1.6
Clarification of bidding documents
1.6.1.
A prospective Bidder requiring any clarification of the Bidding Documents shall contact the Purchaser in
writing at the Purchaser’s address specified in the Special Conditions of Contract (SCC). The Purchaser
will respond in writing to any request for clarification, provided that such request is received not later
than ten (10) days prior to the due date for submission of bids. The Purchaser shall forward copies of its
response to all those who have acquired the Bidding Documents directly from it, including a description
of the inquiry but without identifying its source. Should the Purchaser deem it necessary to amend the
Bidding Documents as a result of a clarification, it shall do so following the procedure under clause
relating to amendment of bidding documents and Clause relating to Due date for Submission of Bids.
The clarifications and amendments issued would also be hosted on the website of the purchaser for the
benefit of the other prospective bidders who are expected to take cognizance of the same before
formulating and submitting their bids.
1.7
Amendment of Bidding Documents
1.7.1.
At any time prior to the due date 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.
1.7.2.
All prospective bidders who have received the bidding documents will be notified of the amendment in
writing or by cable or by fax, or by e mail and will be binding on them. The same would also be hosted on
the website of the purchaser and all prospective bidders are expected to surf the website before
formulating and submitting their bids to take cognizance of the amendments.
1.7.3.
In order to allow prospective bidders reasonable time to take the amendment into account while
formulating their bids, the Purchaser, at its discretion, may extend the due date for the submission of
bids and host the changes on the website of the purchaser.
1.8
Language of Bid
1.8.1.
The bid prepared by the Bidder, as well as all correspondence and documents relating to the bid
exchanged by the Bidder and the Purchaser, shall be written in English language only especially when
the details are technical. However, if GOI makes it mandatory under Rajbhasha Adhiniyam, in that case
views of Rajbhasha unit of CSIR may be sought.
1.8.2.
The Supplier shall bear all costs of translation, if any, to the English language and bear all risks of the
accuracy of such translation, for documents provided by the Supplier.
1.9
Documents Comprising the Bid
1.9.1.
The bid prepared by the Bidder shall include:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
C.
Preparation of bids
Bidder Information Form
Bid security as specified in the Invitation to Bids
Service support details form
Deviation Statement Form
Performance Statement Form
Manufacturer’s Authorization Form
Documentary evidence establishing that the bidder is eligible to bid and is qualified to
perform the contract if its bid is accepted
Documents establishing goods eligibility and conformity to bidding documents
Applicable Price Schedule Form
DGS&D Registration certificate in case the items under procurement falls under the
restricted category of the current export-import policy of the Government of India
Bid form
Schedule of requirements
7
1.10
Bid form and price schedule
1.10.1.
The bidder shall complete the Bid Form and the appropriate price schedule form furnished in the bidding
documents. These forms must be completed without any alterations to its format and no substitutes
shall be accepted. All blank spaces shall be filled in with the information requested. The Bid Form and
the appropriate Price Schedule form shall be submitted in accordance with ITB Clause 1.18.3 of the
bidding documents.
1.11
Bid Prices
1.11.1.
The Bidder shall indicate on the appropriate price schedule form, the unit prices and total bid prices of
the goods it proposes to supply under the contract.
1.11.2.
Prices indicated on the price-schedule form shall be entered separately in the following manner:
(a)
For Goods manufactured within India
i)
ii)
iii)
iv)
(b)
The price of the goods quoted Ex-works including taxes already paid.
VAT and other taxes like Excise Duty, etc. which will be payable on the goods if the
contract is awarded.
The charges for inland transportation, insurance and other local services required for
delivering the goods at the desired destination as specified in the price schedule form.
The installation, commissioning and training charges including any incidental services,
if any.
For Goods manufactured abroad
i)
ii)
iii)
iv)
The price of the goods quoted on FCA (named place of delivery abroad) or FOB (named
port of shipment), as specified in the price schedule form.
The charges for insurance and transportation of the goods to the port / place of
destination.
The agency commission charges payable to Indian agent in Indian rupees, if any.
The installation, commissioning and training charges including any incidental
services, if any
1.11.3.
The terms FOB, FCA, CIF, CIP, etc. shall be governed by the rules prescribed in the current edition of the
INCO terms published by the International Chambers of Commerce, Paris.
1.11.4.
Where there is no mention of packing, forwarding, freight, insurance changes, taxes, etc.; such offer shall
be rejected as incomplete.
1.11.5.
The price quoted shall remain fixed during the bid evaluation/contract period and shall not vary on any
account. No escalation of prices is permitted.
1.11.6.
All lots and items must be listed and priced separately in the Price Schedules. If a Price Schedule shows
items listed but not priced, their prices shall be assumed to be included in the prices of other items. Lots
or items not listed in the Price Schedule shall be assumed to be not included in the bid.
1.11.7.
The purchases made by the purchaser for scientific purpose are exempt from Excise Duty and Custom
Duty is leviable at a concessional rate, as follows:-
1.11.8.
Excise Duty
The Purchaser is exempted from payment of Excise Duty vide Govt. of India
Notification No.10/97-Central Excise dated 1st March, 1997
Custom Duty
The Purchaser is exempted from payment of Custom Duty vide Govt. of India
Notification No.51/96-Customs dated 23rd July, 1996
In case of imports the freight & insurance will be paid by the Purchaser, as the consignments are to be
shipped through the Purchaser’s nominated freight forwarder
8
1.11.9.
The quotation should be only in Indian Rupees for indigenous items. In case of foreign quote, the
vendors may quote their rates in Indian Rupees as well as in Foreign Currency.
1.11.10. In case of INR bids, the price criteria should be on Free Delivery to CSIR-NAL, Bangalore. Govt. Levies
like Central Excise Duty, Sales Tax, etc., if any, shall be paid at actual rates applicable on the date of
delivery. Rates should be quoted accordingly giving the basic price, Central Excise Duty, VAT/ Central
Sales Tax, etc., if any.
1.11.11. Custom Duty is levied on all imports meant for CSIR-NAL. Since the suppliers are requested to quote only
on FOB/FCA basis, freight, insurance and Custom Duty as applicable to R&D Institutions will be paid by
the Purchaser, unless otherwise specified in CHAPTER 3.
Note: All payments due under the contract shall be paid after deduction of statutory levies at source
(like ESIC, IT, etc.), wherever applicable.
1.12
Bid Currencies
1.12.1.
Prices shall be quoted in Indian Rupees for offers received for supply within India and in freely
convertible foreign currency in case of offers received for supply from foreign countries.
1.13
Documents Establishing Bidder’s Eligibility and Qualifications
1.13.1.
The bidder shall furnish, as part of its bid, documents establishing the bidder’s eligibility to bid and its
qualification to perform the contract if its bid is accepted.
1.13.2.
The documentary evidence of the bidder’s qualification to perform the contract, if the bid is accepted,
shall establish to the purchaser’s satisfaction that:
(a)
(b)
(c)
The bidder meets the qualification criteria listed in bidding documents, if any.
Bidder who doesn’t manufacture the goods it offers to supply shall submit Manufacturers’
Authorization Form using the form specified in the bidding document to demonstrate that it
has been duly authorized by the manufacturer of the goods to quote and / or supply the
goods.
In case a bidder not doing business within India, it shall furnish the certificate to the effect
that the bidder is or will be represented by an agent in India equipped and able to carry out the
supply, maintenance, repair obligations etc. during the warranty and post warranty period or
ensure a mechanism at place for carrying out the supply, maintenance, repair obligations etc.
during the warranty and post-warranty period.
1.13.3.
Conditional tenders shall not be accepted.
1.14
Documents Establishing Goods' Eligibility and Conformity to Bidding Documents
1.14.1.
To establish the goods’ eligibility, the documentary evidence of the goods and services eligibility shall
consist of a statement on the country of origin of the goods and services offered which shall be
confirmed by a certificate of origin at the time of shipment.
1.14.2.
To establish the conformity of the goods and services to the specifications and schedule of requirements
of the bidding document, the documentary evidence of conformity of the goods and services to the
bidding documents may be in the form of literature, drawings and data, and shall consist of :
(a)
(b)
(c)
A detailed description of the essential technical and performance characteristics of the goods;
A list giving full particulars, including available sources and current prices of spare parts,
special tools, etc., necessary for the proper and continuing functioning of the goods during the
warranty period following commencement of the use of the goods by the Purchaser in the
Priced- bid ; and
An item-by-item commentary on the Purchaser's Technical Specifications demonstrating
substantial responsiveness of the goods and services to those specifications or a statement of
deviations and exceptions to the provisions of the Technical Specifications.
9
1.14.3.
For purposes of the commentary to be furnished pursuant to above, the Bidder shall note that standards
for workmanship, material and equipment, designated by the Purchaser in its Technical Specifications
are intended to be descriptive only and not restrictive. The Bidder may substitute these in its bid,
provided that it demonstrates to the Purchaser's satisfaction that the substitutions ensure substantial
equivalence to those designated in the Technical Specifications.
1.15
Bid Security (BS) / Earnest Money Deposit (EMD)
1.15.1.
The Bidder shall furnish, as part of its bid, a Bid security (BS) / Earnest
Money Deposit (EMD) of
amount as specified in NIT in the form of a Bank Guarantee / Demand Draft drawn on any Scheduled /
Nationalized Bank in favour of the Director, CSIR-National Aerospace Laboratories, Bangalore.
A.
In case of Foreign Bidder(s):
a)
The BS shall be submitted either by the principal or by the Indian agent
b)
The bidder who submits the tender on behalf of their principals should produce
documentary evidence in support of their authority to quote or submit proforma invoice
of their principals
c)
The Bank Guarantee is insisted due to steep fluctuations in foreign exchange & hence,
the foreign DDs are not accepted towards BS/EMD
B. In the case of indigenous bidders
a)
the BS shall be submitted by the manufacturer or their specifically authorized dealer/bidder.
1.15.2.
Bids submitted without BS/EMD will stand rejected. BS/EMD will not be accepted in the form of cash /
cheque or any other form other than DD/Bank Guarantee as per Annexure A. No interest is payable on
BS/EMD
1.15.3.
The bid security is required to protect the Purchaser against the risk of Bidder's conduct, which would
warrant the security's forfeiture.
1.15.4.
The bid security shall be in Indian Rupees for offers received for supply within India and denominated in
the currency of the bid or in any freely convertible foreign exchange in the case of offers received for
supplies from foreign countries in equivalent Indian Rupees. The bid security shall be in one of the
following forms at the bidders’ option:
(a)
A Bank Guarantee (BG) issued by a Nationalized / Scheduled bank / Foreign Bank
operating in India in the form provided in the bidding documents and valid for 45 days
beyond the validity of the bid. In case a bidder desires to submit a BG issued from a
foreign bank, then the same should be confirmed by a Nationalised / Scheduled Indian
bank;
OR
(b)
A Banker’s cheque or demand draft in favour of the Purchaser issued by any
Nationalized / Scheduled Indian bank.
1.15.5.
The bid security shall be payable promptly upon written demand by the Purchaser in case the conditions
listed in the ITB clause 1.15.11 are invoked.
1.15.6.
The bid security should be submitted in its original form. Copies shall not be accepted.
1.15.7.
The bid security of unsuccessful bidder will be discharged / returned as promptly as possible, positively
within a period of 30 days after the expiration of the period of bid validity or placement of order
whichever is later, without any interest.
1.15.8.
The successful Bidder's bid security will be discharged upon the Bidder furnishing the Performance
Security, without any interest. Alternatively, the BS could also be adjusted against Performance Security,
if it is paid through Demand Draft / Banker’s Cheque.
1.15.9.
In case a bidder intimates at the time of tender opening in writing that the bid security is kept inside the
financial bid, then in such cases, the technical bid of the party would be accepted provisionally till
opening of the financial bids with which the party has attached the bid security.
10
1.15.10. The bid security may be forfeited:
(a)
(b)
If a Bidder withdraws or amends or modifies or impairs or derogates its bid during the period
of bid validity specified by the Bidder on the Bid Form;
OR
In case of a successful Bidder, if the Bidder fails to furnish order acceptance within 15 days of
the order or fails to sign the contract and / or fails to furnish Performance Security within 21
days from the date of contract / order.
1.15.11. Whenever the bidder chooses to submit the Bid Security in the form of Bank Guarantee, then he should
advise the banker issuing the Bank Guarantee to immediately send by Registered Post (A.D.) an
unstamped duplicate copy of the Guarantee directly to the Purchaser with a covering letter to compare
with the original BG for the correctness, genuineness, etc.
1.16
Period of Validity of Bids
1.16.1.
Bids shall remain valid for minimum of 90 days after the date of bid opening prescribed by the
Purchaser. A bid valid for a shorter period shall be rejected by the Purchaser as non-responsive.
1.16.2.
In exceptional circumstances, the Purchaser may solicit the Bidder's consent to an extension of the
period of validity. The request and the responses thereto shall be made in writing (or by cable, telex, fax
or e-mail). The bid security provided shall also be suitably extended. A Bidder may refuse the request
without forfeiting its bid security. Such bidder’s bid will be returned unopened if they do not extend the
validity of the bid as requested by CSIR-NAL. A Bidder granting the request will not be required nor
permitted to modify its bid.
1.16.3.
Bid evaluation will be based on the bid prices without taking into consideration the above corrections.
1.17
Format and Signing of Bid
1.17.1.
The bids may be submitted as single bid or two-bid as specified in the Invitation for Bids.
1.17.2.
In case the bids are invited on single bid basis, then the Bidder shall prepare two copies of the bid,
clearly marking each "Original Bid" and "Copy Bid", as appropriate. In the event of any discrepancy
between them, the original shall govern.
1.17.3.
In case the bids are invited on two-bid system, the Bidder shall submit the bids in two separate parts.
One part shall contain Technical bid comprising all documents listed under clause relating to Documents
Comprising the Bid excepting bid form and price schedule forms. The second part shall contain the
priced-bid comprising bid form and price schedule forms. The Bidder shall prepare two copies of the bid,
clearly marking each "Original Bid" and "Copy Bid", as appropriate.
1.17.4.
The original and all copies of the bid shall be typed or written in indelible ink and shall be signed by the
Bidder or a person or persons duly authorized to bind the Bidder to the Contract. All pages of the bid,
except for un-amended printed literature, shall be initialled by the person or persons signing the bid.
1.17.5.
Any interlineations, erasures or overwriting shall be valid only if they are initialled by the person or
persons signing the bid.
D.
Submission and sealing of Bids
1.18
Submission, Sealing and Marking of Bids
1.18.1.
The bidders may submit their duly sealed bids generally by post or by hand.
1.18.2.
In the case of bids invited on single bid basis, the Bidders shall seal the original and each copy of the bid
in separate inner envelopes, duly marking the envelopes as "original" and "copy". The envelopes shall
then be sealed in an outer envelope.
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1.18.3
The main envelope (original) which will contain both the bids should be super scribed with our tender
enquiry No. …………………. due on ………………. and to be submitted to the address given below so as to
reach on or before …………….. (IST) on ……………………
The Director,
CSIR-National Aerospace Laboratories,
NWTC, Belur
Bangalore – 560 037, India.
The envelopes must be super-scribed with the following information:
• Tender Reference Number
• Due Date
• Name of the Vendor
Envelope No. 1 : Shall contain “Technical Bid” and Bid Security (BS)/Earnest Money Deposit (EMD), etc. as
per Clause 1.9.1 (a –j).
The technical offer should not contain any price information.
The Technical Bid must be submitted in an organized and structured manner. No brochures/leaflets, etc.
should be submitted in loose form. Please indicate page nos. on your quotation e.g. if the quotation is
containing 25 Pages, please indicate as 1/25, 2/25, 3/25 -----------25/25.
The Technical Offer should comprise of the following:
a)
Tenders, which are submitted without following the two bid offer system, will summarily be
rejected.
b)
The technical bid should contain commercial terms with reference to the tender
c)
The technical offer should be complete to indicate that all products and services asked for
are quoted. Each page of the bid and cutting/corrections shall be duly signed and stamped
by the bidder. Unsigned Tenders will be rejected. Failure to comply with this requirement
may result in the bid being rejected.
Envelope No. 2 : Shall contain “Commercial Bid” with individual prices of all items as per Clause 1.9.1 (k– l).
1.18.4.
(a) The inner and outer envelopes shall be addressed to the Purchaser indicated in the Special
Conditions of Contract (SCC).
(b) The name and address of the bidder, Tender No., due date and a warning “Do not open before
_________” to be completed with the time and date as specified in the invitation for bids.
1.18.5.
If the outer envelope is not sealed and marked as required above, the Purchaser will assume no
responsibility for the bid's misplacement or premature opening of the submitted bid. In such cases,
bids received in open condition within the due date and time will be accepted at the risk of the bidder
if the same is presented to the Sr. Controller of Stores & Purchase before expiry of the due date and
time of opening of the bids.
1.18.6.
Firms submitting bids in a single envelope against the requirement of two-bid system would be
considered for further evaluation at the risk & responsibility of the bidder. However, the opened priced
bid would be sealed immediately by the Tender opening Committee without disclosing the price.
1.19
Due date for Submission of Bids
1.19.1.
Bids must be received by the Purchaser at the address specified in SCC not later than the time and date
specified in NIT. 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.
1.19.2.
The Purchaser may, at its discretion, extend the due date for submission of bids by amending the bid
documents in accordance with Clause relating to Amendment of Bidding Documents in which case all
12
rights and obligations of the Purchaser and Bidders previously subject to the due date will thereafter be
subject to the due date as extended.
1.20
Late Bids
1.20.1.
Any bid received by the Purchaser after the due date for submission of bids prescribed by the Purchaser
will be rejected.
1.20.2.
Such tenders shall be marked as late and not considered for further evaluation. They shall not be
opened at all and be returned to the bidders in their original envelope without opening.
1.21
Withdrawal, substitution and Modification of Bids
1.21.1.
A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by sending a written
notice in accordance with ITB Clause 1.18 duly signed by an authorized representative, and shall include
a copy of the authorization in accordance with ITB Clause 1.17.4 (except that no copies of the
withdrawal notice are required). The corresponding substitution or modification of the bid must
accompany the respective written notice. All notices must be:
(a)
(b)
1.21.2.
Submitted in accordance with ITB Clauses 1.17 and 1.18 (except that withdrawal notices do
not require copies), and in addition, the respective envelopes shall be clearly marked
“WITHDRAWAL,” “SUBSTITUTION,” or “MODIFICATION”; and
Received by the Purchaser prior to the due date prescribed for submission of bids, in
accordance with ITB Clause 1.19.
Bids requested to be withdrawn in accordance with ITB Clause 1.21.1 shall be returned unopened to the
Bidders. No bid may be withdrawn, substituted, or modified in the interval between the due date for
submission of bids and the expiration of the period of bid validity specified by the Bidder on the Bid Form
or any extension thereof.
E.
Opening and Evaluation of Bids
1.22
Opening of Bids by the Purchaser
1.22.1.
The Purchaser will open all bids one at a time in the presence of bidders' authorized representatives who
choose to attend, as per the schedule given in Invitation for Bids. The Bidders' representatives who are
present shall sign the quotation opening sheet 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. In case of two-bid, the financial bid shall be opened
only after technical evaluation.
1.22.2.
First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the
corresponding bid shall not be opened, but returned to the Bidder. No bid withdrawal shall be permitted
unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and
is read out at bid opening. Next, envelopes marked “SUBSTITUTION” shall be opened and read out and
exchanged with the corresponding Bid being substituted, and the substituted Bid shall not be opened,
but returned to the Bidder. No Bid substitution shall be permitted unless the corresponding substitution
notice contains a valid authorization to request the substitution and is read out at bid opening.
Envelopes marked “MODIFICATION” shall be opened and read out with the corresponding Bid. No Bid
modification shall be permitted unless the corresponding modification notice contains a valid
authorization to request the modification and is read out at Bid opening. Only envelopes that are opened
and read out at Bid opening shall be considered further.
1.22.3.
The bidders’ names, bid modifications or withdrawals, bid prices, discounts, and the presence or
absence of requisite bid security and such other details as the Purchaser, at its discretion, may consider
appropriate, will be announced at the opening. No bid shall be rejected at bid opening, except for late
bid(s). The contents of the bid forms and price schedule form would however be announced only at the
time of opening of Priced-bids in the case of two-bid system.
1.22.4.
Bids that are received late shall not be considered further for evaluation, irrespective of the
circumstances.
13
1.22.5.
Bidders interested in participating in the bid opening process, should depute their representatives along
with an authority letter to be submitted to the Purchaser at the time of bid opening.
1.23
Confidentiality
1.23.1.
Information relating to the examination, evaluation, comparison, and post qualification of bids, and
recommendation of contract award, shall not be disclosed to bidders or any other persons not officially
concerned with such process until publication of the Contract Award.
1.23.2.
Any effort by a Bidder to influence the Purchaser in the examination, evaluation, comparison, and post
qualification of the bids or contract award decisions may result in the rejection of its Bid.
1.24
Clarification of Bids
1.24.1.
To assist in the examination, evaluation, comparison and post qualification of the 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 prices or substance of the bid shall be sought, offered or
permitted. However, no negotiation shall be held except with the lowest bidder, at the discretion of the
Purchaser. Any clarification submitted by a bidder in respect to its bid which is not in response to a
request by the purchaser shall not be considered.
1.25
Preliminary Examination
1.25.1.
The Purchaser shall examine the bids to confirm that all documents and technical documentation
requested in ITB Clause 1.9 have been provided, and to determine the completeness of each document
submitted.
1.25.2.
The Purchaser shall confirm that the following documents and information have been provided in the
Bid. If any of these documents or information is missing, the offer shall be rejected.
(a) All the tenders received will first be scrutinized to see whether the tenders meet the basic
requirements as incorporated in the tender enquiry document. The tenders, who do not meet
the basic requirements, are to be treated as non-responsive and ignored. The following are
some of the important points, for which a tender may be declared as non-responsive and to be
ignored, during the initial scrutiny:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
The Bid is unsigned
The Bidder is not eligible
The Bid validity is shorter than the required period
The Bidder has quoted for goods manufactured by a different firm without the
required authority letter from the proposed manufacturer
Bidder has not agreed to give the required performance security
The goods quoted are sub-standard, not meeting the required specification, etc.
Against the schedule of Requirement (incorporated in the tender enquiry), the bidder
has not quoted for the entire requirement as specified in that schedule.
The bidder has not agreed to some essential condition(s) incorporated in the tender
enquiry.
(b) Bid Form and Price Schedule Form, in accordance with ITB Clause1.10. In case of two-bid
system these forms shall be examined after opening of the price bids of the technically
qualified bidders.
1.26
Responsiveness of Bids
1.26.1.
Prior to the detailed evaluation, the purchaser will determine the substantial responsiveness of each bid
to the bidding documents. For purposes of this clause, a substantive responsive bid is one, which
conforms to all terms and conditions of the bidding documents without material deviations, reservations
or omissions. A material deviation, reservation or omission is one that:
14
(a)
(b)
(c)
affects in any substantial way the scope, quality, or performance of the Goods and Related
Services specified in the Contract;
OR
limits in any substantial way, inconsistent with the Bidding Documents, the Purchaser’s rights
or the Bidder’s obligations under the Contract;
OR
if rectified, would unfairly affect the competitive position of other bidders presenting
substantially responsive bids.
1.26.2.
The Purchaser’s determination of a bid’s responsiveness is to be based on the contents of the bid itself
without recourse to extrinsic evidence.
1.26.3.
If a bid is not substantially responsive, it will be rejected by the Purchaser and may not subsequently be
made responsive by the Bidder by correction of the material deviation, reservation or omission.
1.27
Non-Conformity, Error and Omission
1.27.1.
Provided that a Bid is substantially responsive, the Purchaser may waive any non-conformities or
omissions in the Bid that do not constitute a material deviation.
1.27.2.
Provided that a bid is substantially responsive, the Purchaser may request that the Bidder submit the
necessary information or documentation, within a reasonable period of time, to rectify non-material nonconformities or omissions in the bid related to documentation requirements. Such omission shall not be
related to any aspect of the price of the Bid. Failure of the Bidder to comply with the request may result
in the rejection of its Bid.
1.27.3.
Provided that the Bid is substantially responsive, the Purchaser shall correct arithmetical errors on the
following basis:
(a) if there is a discrepancy between the unit price and the line item total that is obtained by
multiplying the unit price by the quantity, the unit price shall prevail and the line item total shall
be corrected, unless in the opinion of the Purchaser there is an obvious misplacement of the
decimal point in the unit price, in which case the line item total as quoted shall govern and the
unit price shall be corrected;
(b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless
the amount expressed in words is related to an arithmetic error, in which case the amount in
figures shall prevail subject to (a) and (b) above.
1.27.4.
Provided that a bid is substantially responsive, the Purchaser may request that a bidder may confirm the
correctness of arithmetic errors as done by the purchaser within a target date. In case, no reply is
received then the bid submitted shall be ignored and its Bid Security may be forfeited.
1.28
Examination of Terms & Conditions, Technical Evaluation
1.28.1.
The Purchaser shall examine the Bid to confirm that all terms and conditions specified in the GCC and
the SCC have been accepted by the Bidder without any material deviation or reservation.
1.28.2.
The Purchaser shall evaluate the technical aspects of the Bid submitted in accordance with ITB Clause
1.14, to confirm that all requirements specified in Schedule of Requirements of the Bidding Documents
have been met without any material deviation or reservation.
1.28.3.
If, after the examination of the terms and conditions and the technical evaluation, the Purchaser
determines that the Bid is not substantially responsive in accordance with ITB Clause 1.26, it shall reject
the Bid.
1.29.
Conversion to Single Currency
1.29.1.
To facilitate evaluation and comparison, the Purchaser will convert all bid prices expressed in the
amounts in various currencies in which the bid prices are payable to Indian Rupees at the selling
exchange rate established by any bank in India as notified in the Newspapers on the date of bid opening
in the case of single bid and the rates prevalent on the date of opening of the Priced bids in the case of
two-bid. For this purpose, exchange rate notified in www.xe.com or www.rbi.org or any other website
could also be used by the purchaser.
15
1.30
Evaluation and comparison of bids
1.30.1.
The Purchaser shall evaluate each bid that has been determined, up to this stage of the evaluation, to be
substantially responsive.
1.30.2.
To evaluate a Bid, the Purchaser shall only use all the factors, methodologies and criteria defined below.
No other criteria or methodology shall be permitted.
1.30.3.
The bids shall be evaluated on the basis of final landing cost which shall be arrived as under:
(a)
For Goods manufactured within India
i)
The price of the goods quoted Ex-works including taxes already paid.
ii)
VAT and other taxes like Excise Duty etc. which will be payable on the goods if the
contract is awarded.
The charges for inland transportation, insurance and other local services required for
delivering the goods at the desired destination as specified in the price schedule form.
The installation, commissioning and training charges including any incidental services,
if any.
iii)
iv)
(b)
For Goods manufactured abroad
i)
ii)
iii)
iv)
1.30.4.
The price of the goods, quoted on FCA (named place of delivery abroad) or FOB
(named port of shipment), as specified in the price schedule form.
The charges for insurance and transportation of the goods to the port / place of
destination.
The agency commission charges payable to Indian agent in Indian rupees, if any.
The installation, commissioning and training charges including any incidental
services, if any
The comparison between the indigenous and the foreign offers shall be made on FOR destination basis
and CIF / CIP basis respectively. However, the CIF / CIP prices quoted by any foreign bidder shall be
loaded further as under:a)
Towards Customs Duty and other statutory levies–as per applicable rates
b)
Towards custom clearance, inland transportation etc.- 2% of the CIF / CIP value
Note: Where there is no mention of packing, forwarding, freight, insurance charges, taxes etc. such offers shall be
rejected as incomplete.
1.30.5.
In case of Purchase of many items against one tender, which are not inter- dependent or, where
compatibility is not a problem, normally the comparison would be made on ex-works, ( in case of
indigenous items) and on FOB / FCA (in the case of imports) prices quoted by the firms for identifying the
lowest quoting firm for each item.
1.30.6.
Orders for imported stores need not necessarily be on FOB / FCA basis rather it can be on the basis of
any of the INCO term specified in International Chambers of Commerce (ICC) INCO terms 2000 as may
be amended from time to time by the ICC or any other designated authority and favorable to CSIR
Laboratories / Institutes or Headquarters.
1.30.7.
Wherever the price quoted on FOB / FCA and CIF / CIP basis are the same, the Contract would be made
on CIF / CIP basis only.
1.30.8.
The GCC and the SCC shall specify the mode of transport i.e., whether by air / ocean / road / rail.
1.31
Comparison of Bids
1.31.1.
The Purchaser shall compare all substantially responsive bids to determine the lowest valuated bid, in
accordance with ITB Clause1.30.
16
1.32
Contacting the Purchaser
1.32.1.
Subject to ITB Clause 1.24, 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.
1.32.2.
Any effort by a Bidder to influence the Purchaser in its decisions on bid evaluation, bid comparison or
contract award may result in rejection of the Bidder's bid.
1.33
Post qualification
1.33.1.
In the absence of pre-qualification, the Purchaser will determine to its satisfaction whether the Bidder
that is selected as having submitted the lowest evaluated responsive bid is qualified to perform the
contract satisfactorily, in accordance with the criteria listed in ITB Clause 1.13.
1.33.2.
The determination will take into account the eligibility criteria listed in the bidding documents and will be
based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the
Bidder, as well as such other information as the Purchaser deems necessary and appropriate.
1.33.3.
An affirmative determination will be a prerequisite for award of the contract to the Bidder. A negative
determination will result in rejection of the Bidder’s bid.
1.34
Negotiations
1.34.1.
There shall not be any negotiation normally. Negotiations, if at all, shall be an exception and only in the
case of items with limited source of supply. Negotiations shall be held with the lowest evaluated
responsive bidder. Counter offers tantamount to negotiations and shall be treated at par with
negotiations in the case of one time purchases.
1.35
Award Criteria
1.35.1.
Subject to ITB Clause 1.37, the Purchaser will award the contract to the successful Bidder whose bid has
been determined to be substantially responsive and has been determined to be the lowest evaluated
bid, provided further that the Bidder is determined to be qualified to perform the contract satisfactorily.
The details of the award would be hosted on the website of the Purchaser.
1.36
Purchaser's right to vary Quantities at Time of Award
1.36.1.
The Purchaser reserves the right at the time of Contract award to increase or decrease the quantity of
goods and services originally specified in the Schedule of Requirements without any change in unit price
or other terms and conditions. Further, at the discretion of the Purchaser, the quantities in the contract
may be enhanced by 30% within the delivery period.
1.37
Purchaser's right to accept any Bid and to reject any or All Bids
1.37.1.
The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject
all bids at any time prior to award of Contract, without thereby incurring any liability to the affected
Bidder or Bidders.
1.38
Notification of Award
1.38.1.
Prior to the expiration of the period of bid validity, the Purchaser will notify the successful bidder in
writing by registered letter or by cable or telex or fax or e mail that the bid has been accepted and a
separate purchase order shall follow through post.
1.38.2.
Until a formal contract is prepared and executed, the notification of award should constitute a binding
contract.
1.38.3.
Upon the successful Bidder’s furnishing of the signed Contract Form and performance security pursuant
to ITB Clause 1.41, the Purchaser will promptly notify each unsuccessful Bidder and will discharge its bid
security.
F.
Award of contract
17
1.39
Signing of Contract
1.39.1.
Promptly after notification, the Purchaser shall send the successful Bidder the Agreement.
1.39.2.
Within twenty-one (21) days of date of the Agreement, the successful Bidder shall sign, date, and return
it to the Purchaser.
1.40
Order Acceptance
1.40.1.
The successful bidder should submit Order Acceptance within 15 days from the date of issue, failing
which it shall be presumed that the vendor is not interested and his bid security is liable to be forfeited
pursuant to ITB Clause 1.15.11.
1.40.2.
The order acceptance must be received within 15 days. However, the Purchaser has the powers to
extend the time frame for submission of Order Acceptance and submission of Performance Security (PS).
Even after extension of time, if the Order Acceptance / PS are not received, the contract shall be
cancelled and limited tenders irrespective of the value shall be invited from the responding firms after
forfeiting the bid security of the defaulting firm, where applicable, provided there is no change in
specifications. In such cases the defaulting firm shall not be considered again for re-tendering in the
particular case.
1.41
Performance Security
1.41.1.
Within 21 days of receipt of the notification of award / PO, the Supplier shall furnish performance
security in the amount specified in SCC, valid till 60 days after the warranty period. Alternatively, the PS
may also be submitted at the time of release of final payment in cases where part payment is made
against delivery & part on installation. The PS, where applicable, shall be submitted in advance for
orders where full payment is to be made on Letter of Credit (LC) or on delivery. In this case, submission
of PS at the time of negotiation of documents through Bank would be stipulated as a condition in the LC
and the BS should be kept valid till such time the PS is submitted.
1.41.2.
The proceeds of the performance security shall be payable to the Purchaser as compensation for any
loss resulting from the Supplier's failure to complete its obligations under the Contract.
1.41.3.
The Performance Security shall be denominated in Indian Rupees for the offers received for supplies
within India and denominated in the currency of the contract in the case of offers received for supply
from foreign countries.
1.41.4.
In the case of imports, the PS may be submitted either by the principal or by the Indian agent and, in the
case of purchases from indigenous sources, the PS may be submitted by either the manufacturer or their
authorized dealer/bidder.
1.41.5.
The Performance security shall be in one of the following forms:
(a)
(b)
A Bank guarantee or stand-by Letter of Credit issued by a Nationalized / Scheduled bank
located in India or a Foreign Bank with preferably its operating branch in India in the form
provided in the bidding documents.
OR
A Banker’s cheque or Account Payee demand draft in favour of the purchaser
1.41.6.
The performance security will be discharged by the Purchaser and returned to the Supplier not later than
60 days following the date of completion of the Supplier's performance obligations, including any
warranty obligations, unless specified otherwise in SCC, without levy of any interest.
1.41.7.
In the event of any contract amendment, the supplier shall, within 21 days of receipt of such
amendment, furnish the amendment to the performance security, rendering the same valid for the
duration of the contract, as amended for further period of 60 days thereafter.
1.41.8.
Whenever the bidder chooses to submit the Performance Security in the form of Bank Guarantee, and
then he should advise the banker issuing the Bank Guarantee to immediately send by Registered Post
(A.D.) an unstamped duplicate copy of the Guarantee directly to the Purchaser with a covering letter to
compare with the original BG for the correctness, genuineness, etc.
18
CHAPTER 2
CONDITIONS OF CONTRACT
A.
GENERAL CONDITIONS OF CONTRACT
Clause No.
Contents
Page No.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
2.35
2.36
2.37
2.38
2.39
2.40
Definitions
Contract Documents
Fraud and Corruption
Joint Venture, Consortium or Association
Scope of Supply
Suppliers’ Responsibilities
Contract price
Copy Right
Application
Standards
Use of Contract Documents and Information
Patent Indemnity
Performance Security
Inspections and Tests
Packing
Delivery and Documents
Insurance
Transportation
Incidental Services
Spare Parts
Warranty
Terms of Payment
Change Orders and Contract Amendments
Assignment
Subcontracts
Extension of time
Penalty Clause
Termination for Default
Force Majeure
Termination for insolvency
Termination for Convenience
Settlement of Disputes
Governing Language
Applicable Law
Notice
Taxes and Duties
Right to use Defective Goods
Protection against Damage
Site preparation and installation
Annual Maintenance Contract
20
20
20
21
21
21
21
21
21
21
21
22
22
23
23
23
24
24
24
24
25
26
26
26
26
26
27
27
27
28
28
28
28
29
29
29
29
29
29
29
Note: The General Conditions of Contract shall form the part of purchase order / contract.
19
A.
GENERAL CONDITIONS OF CONTRACT
Definitions
2.1.1. The following words and expressions shall have the meanings hereby assigned to them:
Sr. No.
(a)
Words / Expressions
Contract
(b)
Contract Documents
(c)
Contract Price
(d)
(e)
Day
Completion
(f)
(g)
GCC
Goods
(h)
Related Services
(i)
(j)
SCC
Subcontractor
(k)
Supplier
(l)
Council
(m)
Purchaser
(n)
The final destination
Meaning
The Contract Agreement entered into between the Purchaser and the
Supplier, together with the Contract Documents referred to therein,
including all attachments, appendices, and all documents incorporated
by reference therein.
The documents listed in the Contract Agreement, including any
amendments thereto.
The price payable to the Supplier as specified in the Contract
Agreement, subject to such additions and adjustments thereto or
deductions there from, as may be made pursuant to the Contract.
Calendar day
The fulfilment of the Related Services by the Supplier in accordance
with the terms and conditions set forth in the Contract.
The General Conditions of Contract.
All of the commodities, raw material, machinery and equipment, and/or
other materials that the Supplier is required to supply to the Purchaser
under the Contract
The services incidental to the supply of the goods, such as
transportation, insurance, installation, training and initial maintenance
and other such obligations of the Supplier under the Contract.
The Special Conditions of Contract.
Any natural person, private or government entity, or a combination of
the above, to which any part of the Goods to be supplied or execution
of any part of the Related Services is subcontracted by the Supplier.
The natural Person, Private or Government entity, or a combination of
the above, whose bid to perform the Contract has been accepted by
the Purchaser and is named as such in the Contract Agreement.
The Council of Scientific & Industrial Research (CSIR), registered under
the Societies Registration Act, 1860 of the Government of India having
its registered office at 2, Rafi Marg, New Delhi-110001, India.
Any of the constituent Laboratory/Institute of the Council situated at
any designated place in India as specified in SCC
The place named in the SCC.
2.2
Contract Documents
2.2.1
Subject to the order of precedence set forth in the Contract Agreement, all documents forming the
Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory.
The Contract Agreement shall be read as a whole.
2.3
Fraud and Corruption
2.3.1.
The purchaser requires that bidders, suppliers, contractors and consultants, if any, observe the highest
standard of ethics during the procurement and execution of such contracts. In pursuit of this policy,
(a) The terms set forth below are defined as follows:
I.
Corrupt practice
The offering, giving, receiving, or soliciting, directly or indirectly, of
anything of value to influence the action of a public official in the
procurement process or in contract execution
II. Fraudulent practice
A misrepresentation or omission of facts in order to influence a
procurement process or the execution of a contract
III. Collusive practice
A scheme or arrangement between two or more bidders, with or
without the knowledge of the Borrower, designed to establish bid
prices at artificial, non-competitive levels
IV. Coercive practice
Harming or threatening to harm, directly or indirectly, persons or their
property to influence their participation in the procurement process or
affect the execution of a contract
20
(b)
The Purchaser will reject a proposal for award if it determines that the Bidder recommended for
award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive
practices in competing for the Contract in question.
2.4
Joint Venture, Consortium or Association/Amalgamation/Acquisition etc.
2.4.1.
If the Supplier is a joint venture, consortium, or association, all of the parties shall be jointly and severally
liable to the Purchaser for the fulfilment of the provisions of the Contract and shall designate one party
to act as a leader with authority to bind the joint venture, consortium, or association. The composition or
the constitution of the joint venture, consortium, or association shall not be altered without the prior
consent of the Purchaser.
2.4.2.
Amalgamation/Acquisition etc.:
In the event the Manufacturer/Supplier proposes for amalgamation, acquisition or sale its business to
any firm during the contract period, the Buyer/Successor of the Principal Company are liable for
execution of the contract and also fulfilment of contractual obligations i.e., supply, installation,
commissioning, warranty, maintenance/replacement of spares, accessories, etc. While submitting your
bid, you may confirm this condition
2.5
Scope of Supply
2.5.1.
The Goods and Related Services to be supplied shall be as specified in the Schedule of Requirements.
2.6
Suppliers’ Responsibilities
2.6.1.
The Supplier shall supply all the Goods and Related Services included in the scope of Supply in
accordance with Scope of Supply Clause of the GCC and the Delivery and Completion Schedule, as per
GCC Clause relating to delivery and document.
2.7
Contract price
2.7.1.
Prices charged by the Supplier for the Goods supplied and the Related Services performed under the
Contract shall not vary from the prices quoted by the Supplier in its bid.
2.8
Copy Right
2.8.1.
The copyright in all drawings, documents, and other materials containing data and information furnished
to the Purchaser by the Supplier herein shall remain vested in the Supplier, or, if they are furnished to
the Purchaser directly or through the Supplier by any third party, including suppliers of materials, the
copyright in such materials shall remain vested in such third party
2.9
Application
2.9.2.
These General Conditions shall apply to the extent that they are not superseded by provisions in other
parts of the Contract.
2.10
Standards
2.10.1.
The Goods supplied and services rendered under this Contract shall conform to the standards
mentioned in the Technical Specifications and Schedule of Requirements, and, when no applicable
standard is mentioned, to the authoritative standard appropriate to the Goods' country of origin and such
standards shall be the latest issued by the concerned institution.
2.11
Use of Contract Documents and Information
2.11.1
The Supplier shall not, without the Purchaser's prior written consent, disclose the Contract, or any
provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on
behalf of the Purchaser in connection therewith, to any person other than a person employed by the
Supplier in performance of the Contract. Disclosure to any such employed person shall be made in
confidence and shall extend only so far, as may be necessary for purposes of such performance.
2.11.2
The Supplier shall not, without the Purchaser's prior written consent, make use of any document or
information enumerated above except for purposes of performing the Contract.
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2.11.3
Any document, other than the Contract itself, enumerated above shall remain the property of the
Purchaser and shall be returned (in all copies) to the Purchaser on completion of the Supplier's
performance under the Contract if so required by the Purchaser.
2.12
Patent Indemnity
2.12.1.
The Supplier shall, subject to the Purchaser’s compliance with GCC Sub-Clause 2.12.2, indemnify and
hold harmless the Purchaser and its employees and officers from and against any and all suits, actions
or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature,
including attorney’s fees and expenses, which the Purchaser may suffer as a result of any infringement
or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other
intellectual property right registered or otherwise existing at the date of the Contract by reason of:
(a)
(b)
the installation of the Goods by the Supplier or the use of the Goods in India
AND
the sale in any country of the products produced by the Goods
2.12.2.
If any proceedings are brought or any claim is made against the Purchaser, the Purchaser shall promptly
give the Supplier a notice thereof and the Supplier may at its own expense and in the Purchaser’s name
conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or
claims.
2.13
Performance Security (PS)
2.13.1
Within 21 days of receipt of the notification of award of Contract / Purchase Order, the Supplier shall
furnish Performance Security in the amount specified in SCC, valid till 60 days after the warranty period.
Alternatively, the PS may also be submitted at the time of release of final payment in cases where part
payment is made against delivery & part on installation. The PS, where applicable, shall be submitted in
advance for orders where full payment is to be made on Letter of Credit (LC) or on delivery. In this case,
submission of PS at the time of negotiation of documents through Bank would be stipulated as a
condition in the LC and the BS should be kept valid till such time the PS is submitted.
2.13.2
The proceeds of the Performance Security shall be payable to the Purchaser as compensation for any
loss resulting from the Supplier's failure to complete its obligations under the Contract.
2.13.3
The Performance Security shall be denominated in Indian Rupees for the offers received for supplies
within India and denominated in the currency of the contract in the case of offers received for supply
from foreign countries.
2.13.4
In the case of imports, the PS may be submitted either by the principal or by the Indian agent and, in the
case of purchases from indigenous sources, the PS may be submitted by either the manufacturer or their
authorized dealer / bidder.
2.13.5
The Performance security shall be in one of the following forms:
(a)
(b)
A Bank guarantee or stand-by Letter of Credit issued by a Nationalized / Scheduled bank
located in India or a bank located abroad in the form provided in the bidding documents.
OR
A Banker’s cheque or Account Payee demand draft in favour of the purchaser.
2.13.6
The Performance Security will be discharged by the Purchaser and returned to the Supplier not later than
60 days following the date of completion of the Supplier's performance obligations, including any
warranty obligations, unless specified otherwise in SCC, without levy of any interest.
2.13.7
In the event of any contract amendment, the supplier shall, within 21 days of receipt of such
amendment, furnish the amendment to the Performance Security, rendering the same valid for the
duration of the contract, as amended for further period of 60 days thereafter.
2.13.8.
The order confirmation should be received within 15 days from the date of notification of award.
However, the Purchaser has the powers to extend the time frame for submission of order confirmation
and submission of Performance Security (PS). Even after extension of time, if the Order Acceptance/PS is
not received, the contract shall be cancelled and limited tenders irrespective of the value would be
invited from the responding firms after forfeiting the bid security of the defaulting firm, where applicable
provided there is no change in specifications. In such cases the defaulting firm would not be considered
again for re-tendering in the particular case.
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2.14
Installation/Inspections and Tests
2.14.1
Bidder shall be responsible for installation / demonstration wherever applicable and for after sales
service during the warranty and thereafter.
2.14.2
Installation, demonstration to be arranged by the supplier free of cost and the same is to be done within
15 days of the arrival of the equipment at site.
2.14.3
The Supplier shall at its own expense and at no cost to the CSIR-NAL carry out all such tests and/or
inspections of the Goods and related Services as are specified in the SCC or as discussed and agreed to
during the course of finalization of contract.
2.14.4
The CSIR-NAL or its representative shall have the right to inspect and/or to test the Goods to confirm
their conformity to the Contract specifications at no extra cost to the CSIR-NAL. The Technical
Specifications and SCC shall specify what inspections and tests the CSIR-NAL requires and where they
are to be conducted. The CSIR-NAL shall notify the Supplier in writing in a timely manner of the identity of
any representatives retained for these purposes.
2.14.5
The inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at
the point of delivery and/or at the Goods final destination. If conducted on the premises of the Supplier
or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and
production data shall be furnished to the inspectors at no charge to the CSIR-NAL.
2.14.6
Whenever the Supplier is ready to carry out any such test and inspection, it shall give a reasonable
advance notice, including the place and time, to the CSIR-NAL. The Supplier shall obtain from any
relevant third party or manufacturer any necessary permission or consent to enable the CSIR-NAL or its
designated representative to attend the test and/or inspection.
2.14.7
Should any inspected or tested Goods fail to conform to the specifications, the CSIR-NAL may reject the
goods and the Supplier shall either replace the rejected Goods or make alterations necessary to meet
specification requirements free of cost to CSIR-NAL.
2.14.8
The CSIR-NAL's right to inspect, test and, where necessary, reject the Goods after the Goods' arrival at
final destination shall in no way be limited or waived by reason of the Goods having previously been
inspected, tested and passed by CSIR-NAL or its representative prior to the Goods shipment.
2.14.9
Supplier shall provide CSIR-NAL with a report of the results of any such test and/or inspection.
2.14.10
With a view to ensure that claims on insurance companies, if any, are lodged in time, the bidders and /or
the Indian agent shall be responsible for follow-up with their principals for ascertaining the dispatch
details and informing the same to CSIR-NAL and he shall also liaise with CSIR-NAL to ascertain the arrival
of the consignment after clearance so that immediately thereafter in his presence the consignment
could be opened and the insurance claim be lodged, if required, without any loss of time. Any delay on
the part of the bidder/ Indian Agent would be viewed seriously and he shall be directly responsible for
any loss sustained by the NAL on the event of the delay.
2.15
Packing
2.15.1.
The Supplier shall provide such packing of the Goods as is required to prevent their damage or
deterioration during transit to their final destination as indicated in the Contract. The packing shall be
sufficient to withstand, without limitation, rough handling during transit and exposure to extreme
temperatures, salt and precipitation during transit and open storage. Packing case size and weights shall
take into consideration, where appropriate, the remoteness of the Goods' final destination and the
absence of heavy handling facilities at all points in transit.
2.15.2.
The packing, marking and documentation within and outside the packages shall comply strictly with such
special requirements as shall be provided for in the Contract including additional requirements, if any,
specified in SCC and in any subsequent instructions ordered by the Purchaser.
2.16
Delivery and Documents
2.16.1.
Delivery of the Goods and completion and related services shall be made by the Supplier in accordance
with the terms specified by the Purchaser in the contract. The details of shipping and/or other
documents to be furnished by the supplier are specified in SCC.
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2.16.2.
The terms FOB, FCA, CIF, CIP etc shall be governed by the rules prescribed in the current edition of the
INCO terms published by the International Chambers of Commerce (ICC), Paris.
2.16.3.
The mode of transportation shall be as specified in SCC.
2.16.4.
The Bidders may please note that the delivery of the system should be strictly within ………….. months
from the date of placement of firm Purchase Order
2.16.5.
Goods should not be dispatched until the vendor received a firm Purchase Order
2.17
Insurance
2.17.1.
Indigenous goods, the Goods supplied under the Contract shall be fully insured in Indian Rupees against
any loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the
manner specified in SCC.
2.17.2.
Where delivery of the goods is required by the Purchaser on CIF / CIP basis for imported goods (or) FOR
destination for Indigenous goods, the supplier shall arrange and pay for Marine / Transit Insurance,
naming the Purchaser as beneficiary and initiate & pursue claims till settlement, on the event of any loss
or damage.
2.17.3.
Where delivery is on FOB or FCA basis for imported goods or FOR dispatch station for indigenous goods,
then insurance would be the responsibility of the Purchaser.
2.17.4.
The equipments to be supplied will be insured by the vendor against all risks of loss or damage from the
date of shipment till such time it is delivered at CSIR- NAL site in case of Rupee transaction
2.17.5.
With a view to ensure that claims on insurance companies, if any are lodged in time, the bidders and / or
the Indian agent shall be responsible for follow up with their principals for ascertaining the dispatch
details and informing the same to the Purchaser and he shall also liaise with the Purchaser to ascertain
the arrival of the consignment after clearance so that immediately thereafter in his presence the
consignment could be opened and the insurance claim be lodged, if required, without any loss of time.
Any delay on the part of the bidder / Indian Agent would be viewed seriously and he shall be directly
responsible for any loss sustained by the purchaser on the event of the delay.
2.18
Transportation
2.18.1.
Where the Supplier is required under the Contract to deliver the Goods FOB, transport of the Goods, up
to and including the point of putting the Goods on board the vessel at the specified port of loading, shall
be arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract price.
Where the Supplier is required under the Contract to deliver the Goods FCA, transport of the Goods and
delivery to the custody of the carrier at the place named by the Purchaser or other agreed point shall be
arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract price.
2.18.2.
Where the Supplier is required under the Contract to deliver the Goods CIF or CIP, transport of the Goods
to the port of destination or such other named place of destination in the Purchaser’s country, 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.
2.18.3.
In the case of supplies from within India, where the Supplier is required under the Contract to transport
the Goods to a specified destination in India, defined as the Final Destination, transport to such
destination, including insurance and storage, as specified in the Contract, shall be arranged by the
Supplier, and the related costs shall be included in the Contract Price.
2.19
Incidental Services
2.19.1.
The supplier may be required to provide any or all of the services, including training, if any, specified in
SCC
2.20
Spare Parts
2.20.1.
The Supplier shall be required to provide any or all of the following materials, notifications, and
information pertaining to spare parts manufactured or distributed by the Supplier:
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(a)
(b)
Such spare parts as the Purchaser may elect to purchase from the Supplier, providing that this
election shall not relieve the Supplier of any warranty obligations under the Contract; and
In the event of termination of production of the spare parts:
(i) Advance notification to the Purchaser of the pending termination, in sufficient time to
permit the Purchaser to procure needed requirements; and
(ii) Following such termination, furnishing at no cost to the Purchaser, the blueprints,
drawings and specifications of the spare parts, if requested.
2.21
Warranty
2.21.1.
The Supplier warrants that all the Goods are new, unused, and of the most recent or current models, and
that they incorporate all recent improvements in design and materials, unless provided otherwise in the
Contract.
2.21.2.
The Supplier further warrants that the Goods shall be free from defects arising from any act or omission
of the Supplier or arising from design, materials, and workmanship, under normal use in the conditions
prevailing in India.
2.21.3.
Unless otherwise specified in the SCC, the warranty shall remain valid for Thirty Six (26) months after the
Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final
destination indicated in the SCC, or for Eighteen (18) months after the date of shipment from the port or
place of loading in the country of origin, whichever period concludes earlier.
2.21.4
The defects, if any, during the guarantee/warranty period are to be rectified free of charge by arranging
free replacement wherever necessary.
2.21.5
The warranty on the associated software should cover providing of upgraded version/s, if any, released
during the warranty period free of cost.
2.21.6
The bidder shall assure the supply of spare parts after warranty is over for maintenance of the
equipment supplied if and when required for a period of 10 years from the date of supply of equipment
on payment on approved price list basis.
2.21.7
The equipment must be supported by a Service Centre manned by the principal vendor’s technical
support engineers. The support through this Centre must be available 24 hours in a day, seven days a
week and 365 days a year. Also it should be possible to contract the Principal’s vendor support Centre
on a toll free number/web/mail.
2.21.8
An undertaking from the manufacturer is required in this regard stating that they would facilitate the
bidder on regular basis with technology / product updates & extend support for the warranty as well.
2.21.9
The vendor will have to arrange for all the testing equipment & tools required for installation, testing &
maintenance etc.
2.21.10
The principal vendor must have a local logistics support by maintaining a local spares depot in the
country of deployment of the equipment. This is to ensure immediate delivery of spares parts from
Principal Vendor of equipment to its channel partner/system integrator.
2.21.11
Details of onsite warranty, agency that shall maintain during warranty and undertake Annual
Maintenance Contract/Comprehensive Service Maintenance Contract beyond warranty shall be given in
the offer. In case of foreign quote, the Indian Agent who shall maintain during warranty and AMC beyond
warranty shall be given in the Technical Offer.
2.21.2.
The Purchaser shall give notice to the Supplier stating the nature of any such defects together with all
available evidence thereof, promptly following the discovery thereof. The Purchaser shall afford all
reasonable opportunity for the Supplier to inspect such defects.
2.21.3.
Upon receipt of such notice, the Supplier shall, within a reasonable period of time, expeditiously repair or
replace the defective Goods or parts thereof, at no cost to the Purchaser.
2.21.4.
If having been notified, the Supplier fails to remedy the defect within a reasonable period of time; the
Purchaser may proceed to take within a reasonable period such remedial action as may be necessary, at
the Supplier’s risk and expense and without prejudice to any other rights which the Purchaser may have
against the Supplier under the Contract.
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2.21.5.
Goods requiring warranty replacements must be replaced on free of cost basis to the purchaser.
2.22
Terms of Payment
2.22.1.
The method and conditions of payment to be made to the Supplier under this Contract shall be as
specified in the SCC.
2.22.2.
The Supplier's request(s) for payment shall be made to the Purchaser in writing, accompanied by an
invoice describing, as appropriate, the Goods delivered and the Services performed, and by documents,
submitted pursuant to Delivery and document Clause of the GCC and upon fulfilment of other
obligations stipulated in the contract.
2.22.3.
Payments shall be made promptly by the Purchaser but in no case later than thirty (30) days after
submission of the invoice or claim by the Supplier.
2.22.4.
Payment shall be made in currency as indicated in the contract.
2.23
Change Orders and Contract Amendments
2.23.1.
The Purchaser may at any time, by written order given to the Supplier pursuant to Clause on Notices of
the GCC make changes within the general scope of the Contract in any one or more of the following:
a)
b)
c)
d)
e)
Drawings, designs, or specifications, where Goods to be furnished under the Contract are to
be specifically manufactured for the Purchaser;
The method of shipping or packing;
The place of delivery; and/or
The Services to be provided by the Supplier.
The delivery schedule.
2.23.2.
If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier's
performance of any provisions under the Contract, an equitable adjustment shall be made in the
Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims
by the Supplier for adjustment under this clause must be asserted within fifteen (15) days from the date
of the Supplier's receipt of the Purchaser's change order.
2.23.3.
No variation or modification in the terms of the contract shall be made except by written amendment
signed by the parties.
2.23.4.
E-Payment: All payments, CSIR-NAL prefers to make Electronic Transfers through State Bank of India,
NAL Branch, Bangalore
2.24
Assignment
2.24.1.
The Supplier shall not assign, in whole or in part, its obligations to perform under the Contract to any third
party, except with the Purchaser's prior written consent.
2.25
Subcontracts
2.25.1.
The Supplier shall notify the Purchaser in writing of all subcontracts awarded under this Contract if not
already specified in the bid. Such notification, in the original bid or later, shall not relieve the Supplier
from any liability or duties or obligation under the Contract.
2.26
Extension of time
2.26.1.
Delivery of the Goods and performance of the Services shall be made by the Supplier in accordance with
the time schedule specified by the Purchaser.
2.26.2.
If at any time during performance of the Contract, the Supplier or its sub-contractor(s) should encounter
conditions impeding timely delivery of the Goods and performance of Services, the Supplier shall
promptly notify the Purchaser in writing of the fact of the delay, its likely duration and its cause(s). As
soon as practicable after receipt of the Supplier’s notice, the Purchaser shall evaluate the situation and
may, at its discretion, extend the Supplier’s time for performance with or without penalty, in which case
the extension shall be ratified by the parties by amendment of the Contract.
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2.26.3.
Except as provided under the Force Majeure clause of the GCC, a delay by the Supplier in the
performance of its delivery obligations shall render the Supplier liable to the imposition of penalty
pursuant to Penalty Clause of the GCC unless an extension of time is agreed upon pursuant to above
clause without the application of penalty clause.
2.27
Penalty clause
2.27.1.
Subject to GCC Clause on Force Majeure, if the Supplier fails to deliver any or all of the Goods or to
perform the Services within the period(s) specified in the Contract, the Purchaser shall, without prejudice
to its other remedies under the Contract, deduct from the Contract Price, as penalty, a sum equivalent to
the percentage specified in SCC of the delivered price of the delayed Goods or unperformed Services or
contract value for each week or part thereof of delay until actual delivery or performance, up to a
maximum deduction of the Percentage specified in SCC. Once the maximum is reached, the Purchaser
may consider termination of the Contract pursuant to GCC Clause on Termination for Default. The SCC
shall also indicate the basis for ascertaining the value on which the penalty shall be applicable.
2.28
Termination for Default
2.28.1.
The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of
default sent to the Supplier, terminate the Contract in whole or part
(a)
(b)
(c)
2.28.2.
If the Supplier fails to deliver any or all of the Goods within the period(s) specified in the
contract, or within any extension thereof granted by the Purchaser pursuant to GCC Clause
on Extension of Time;
OR
If the Supplier fails to perform any other obligation(s) under the Contract
If the Supplier, in the judgment of the Purchaser has engaged in corrupt or fraudulent or
collusive or coercive practices as defined in GCC Clause on Fraud or Corruption in competing
for or in executing the Contract.
In the event the Purchaser terminates the contract in whole or in part, he may take recourse to any one
or more of the following action:
(a)
(b)
(c)
The Performance Security is to be forfeited;
The Purchaser may procure, upon such terms and in such manner as it deems appropriate,
stores similar to those undelivered, and the Supplier shall be liable for all available actions
against it in terms of the contract.
However, the Supplier shall continue to perform the contract to the extent not terminated.
2.29
Force Majeure
2.29.1.
Notwithstanding the provisions of GCC Clauses relating to extension of time, penalty and termination for
default, 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.
2.29.2.
For purposes of this Clause, “Force Majeure” means an event or situation beyond the control of the
Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on
the part of the Supplier. Such events may include, but not be limited to, acts of the Purchaser in its
sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight
embargoes.
2.29.3.
If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of such
conditions and the cause thereof within 21 days of its occurrence. Unless otherwise directed by the
Purchaser in writing, the Supplier shall continue to perform its obligations under the Contract as far as is
reasonably practical, and shall seek all reasonable alternative means for performance not prevented by
the Force Majeure event.
2.29.4.
If the performance in whole or in part or any obligations under the contract is prevented or delayed by
any reason of Force Majeure for a period exceeding 60 days, either party may at its option terminate the
contract without any financial repercussions on either side.
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2.30
Termination for Insolvency
2.30.1.
The Purchaser may at any time terminate the Contract by giving written notice to the Supplier, if the
Supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without
compensation to the Supplier, provided that such termination will not prejudice or affect any right of
action or remedy, which has accrued or will accrue thereafter to the Purchaser.
2.31
Termination for Convenience
2.31.1.
The Purchaser, by written notice sent to the Supplier, may terminate the Contract, in whole or in part, at
any time. The notice of termination shall specify that termination is for the Purchaser's convenience, the
extent to which performance of the Supplier under the Contract is terminated, and the date upon which
such termination becomes effective.
2.31.2.
The Goods that are complete and ready for shipment within 30 days after the Supplier's receipt of notice
of termination shall be accepted by the Purchaser at the Contract terms and prices. For the remaining
Goods, the Purchaser may elect:
(a)
(b)
To have any portion completed and delivered at the Contract terms and prices ;
and / or
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.
2.32
Settlement of Disputes
2.32.1.
The Purchaser and the Supplier 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.
2.32.2.
If, after twenty-one (21) days, the parties have failed to resolve their dispute or difference by such mutual
consultation, then either the Purchaser or the Supplier may give notice to the other party of its intention
to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in
respect of this matter may be commenced unless such notice is given. Any dispute or difference in
respect of which a notice of intention to commence arbitration has been given in accordance with this
Clause shall be finally settled by arbitration. Arbitration may be commenced prior to or after delivery of
the Goods under the Contract. .
2.32.3.
The dispute settlement mechanism / arbitration proceedings shall be concluded as under:
(a)
(b)
In case of Dispute or difference arising between the Purchaser and a domestic supplier
relating to any matter arising out of or connected with this agreement, such disputes or
difference shall be settled in accordance with the Indian Arbitration & Conciliation Act, 1996,
the rules there under and any statutory modifications or re-enactments thereof shall apply to
the arbitration proceedings. The dispute shall be referred to the Director General, Council of
Scientific & Industrial Research and if he is unable or unwilling to act, to the sole arbitration of
some other person appointed by him willing to act as such Arbitrator. The award of the
arbitrator so appointed shall be final, conclusive and binding on all parties to this order.
In the case of a dispute between the purchaser and a Foreign Supplier, the dispute shall be
settled by arbitration In accordance with provision of sub-clause (a) above. But if this is not
acceptable to the supplier then the dispute shall be settled in accordance with provisions of
UNCITRAL (United Nations Commission on International Trade Law) Arbitration Rules.
2.32.4.
The venue of the arbitration shall be the place from where the purchase order or contract is issued.
2.32.5.
Notwithstanding any reference to arbitration herein,
(a) the parties shall continue to perform their respective obligations under the Contract unless
they otherwise agree; and
(b) the Purchaser shall pay the Supplier any monies due the Supplier.
2.33
Governing Language
2.33.1.
The contract shall be written in English language which shall govern its interpretation. All
correspondence and other documents pertaining to the Contract, which are exchanged by the parties,
shall be written in the English language only.
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2.34
Applicable Law / Jurisdiction
2.34.1.
The Contract shall be interpreted in accordance with the laws of the Union of India and all disputes shall
be subject to place of jurisdiction as specified in SCC.
2.35
Notices
2.35.1.
Any notice given by one party to the other pursuant to this contract / order shall be sent to the other
party in writing or by cable, telex, FAX, e-mail or / and confirmed in writing to the other party’s address
specified in the SCC.
2.35.2.
A notice shall be effective when delivered or on the notice’s effective date, whichever is later.
2.36
Taxes and Duties
2.36.1.
For goods manufactured outside India, the Supplier shall be entirely responsible for all taxes, stamp
duties, license fees, and other such levies imposed outside India.
2.36.2.
For goods Manufactured within India, the Supplier shall be entirely responsible for all taxes, duties,
license fees, etc., incurred till its final manufacture / production.
2.36.3.
If any tax exemptions, reductions, allowances or privileges may be available to the Supplier in India, the
Purchaser shall make its best efforts to enable the Supplier to benefit from any such tax savings to the
maximum allowable extent.
2.36.4.
All payments due under the contract shall be paid after deduction of statutory levies (at source) (like
ESIC, IT, etc.) wherever applicable.
2.37
Right to use Defective Goods
2.37.1.
If after delivery, acceptance and installation and within the guarantee and warranty period, the operation
or use of the goods proves to be unsatisfactory, the Purchaser shall have the right to continue to operate
or use such goods until rectification of defects, errors or omissions by repair or by partial or complete
replacement is made without interfering with the Purchaser’s operation.
2.38
Protection against Damage
The system shall not be prone to damage during power failures and trip outs. The normal voltage and
frequency conditions available at site as under:
(a) Voltage 230 volts – Single phase or 415 Volt for 3 phase (±10%)
(b) Frequency 50 Hz.
2.39
Site preparation and installation
2.39.1.
The Purchaser is solely responsible for the construction of the equipment sites in compliance with the
technical and environmental specifications defined by the Supplier. The Purchaser will designate the
installation sites before the scheduled installation date to allow the Supplier to perform a site inspection
to verify the appropriateness of the sites before the installation of the Equipment, if required. The
Supplier shall inform the purchaser about the site preparation, if any, needed for installation, of the
goods at the Purchaser’s site immediately after notification of award / contract.
2.40
Annual Maintenance Contract
2.40.1.
The bidders should also quote for Annual Maintenance Contract after warranty for subsequent years.
CSIR-NAL at its discretion may award / utilise these quotes for AMCs.
2.40.2.
No sub-contracting will be allowed for installation or maintaining system/ equipment / instrument during
or after warranty period in case AMC is awarded
2.40.3.
Mention the charges for comprehensive maintenance contract separately in Commercial bid (for post
warranty period).
29
B.
SPECIAL CONDITIONS OF CONTRACT (SCC)
The following Special Conditions of Contract (SCC) shall supplement and / or amend the General Conditions of
Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.
GCC Clause
GCC 2.1.1(l)
Special Condition of Contract (SCC)
The Purchaser is:
The Director
CSIR- National Aerospace Laboratories
NWTC Road, Belur, Bangalore – 560037
Karnataka-India
GCC 2.1.1(m)
The Final Destination is:
The Director
CSIR- National Aerospace Laboratories
NWTC Road, Belur, Bangalore – 560037
Karnataka-India
GCC 2.13.1
The amount of the Performance Security shall be 10 % of the contract value, valid up to 60 days
after the date of completion of performance obligations including warranty obligations.
GCC 2.14.1
The Inspection and Tests prior to shipment of Goods and at final acceptance are as follows :
After the goods are manufactured and assembled, inspection and testing of the goods shall be
carried out at the supplier’s plant by the supplier, prior to shipment to check whether the goods are
in conformity with the technical specifications.


Manufacturer’s test certificate with data sheet shall be issued to this effect and submit
along with the delivery documents.
The NAL reserves the options to be present at the supplier’s premises during such
inspection and testing.

The acceptance test will be conducted by the CSIR-NAL, their consultant or other such
person nominated by the NAL at its option after the equipment is installed at CSIR-NAL’s
site in the presence of supplier’s representatives. The acceptance will involve trouble free
operation. There shall not be any additional charges for carrying out acceptance test. No
malfunction, partial or complete failure of any part of the equipment is expected to occur.
The Supplier shall maintain necessary log in respect of the result of the test to establish to
the entire satisfaction of the NAL, the successful completion of the test specified.

In the event of the ordered item failing to pass the acceptance test, a period not exceeding
two weeks will be given to rectify the defects and clear the acceptance test, failing which,
the CSIR-NAL reserve the right to get the equipment replaced by the Supplier at no extra
cost to the CSIR-NAL.

Successful conduct and conclusion of the acceptance test for the installed goods and
equipments shall also be the responsibility and at the cost of the Supplier.

Before the goods and equipments are taken over by the CSIR-NAL, the Supplier shall supply
operation and maintenance Manuals together with Drawings of the goods and equipments
built. These shall be in such details as will enable the Purchase to operate, maintain, adjust
and repair all parts of the works as stated in the specifications.

The Manuals and Drawings shall be in the ruling language (English) and in such form and
numbers as stated in the Contract.

Unless and otherwise agreed, the goods and equipment shall not be considered to be
completed for the purposes of taking over until such Manuals and Drawing have been
supplied to the CSIR-NAL.
30

GCC 2.15.2
GCC 2.16.1
On successful completion of acceptability test, receipt of deliverables, etc. and after the
CSIR- NAL is satisfied with the working of the equipment, the acceptance certificate signed
by the Supplier and the representative of the NAL will be issued. The date on which such
certificate is signed shall be deemed to be the date of successful commissioning of the
equipment
The marking and documentation within and outside the packages shall be marked with proper
paint / indelible ink.
(a)
Each package should have a packing list within it detailing the part No.(s), description,
quantity etc.
(b)
Outside each package, the contract No., the name and address of the purchaser and the
final destination should be indicated on all sides and top.
(c)
Each package should be marked as 1/x, 2/x, 3/x…………x/x, where “x” is the total No. of
packages contained in the consignment.
(d)
All the sides and top of each package should carry an appropriate indication / label /
stickers indicating the precautions to be taken while handling / storage.
Details of Shipping and other Documents to be furnished by the Supplier are :
A)
For goods manufactured within India
Within 24 hours of dispatch, the supplier shall notify the purchaser the complete details of
dispatch and also supply following documents by registered post / speed post and copies
thereof by FAX.
(a)
Two copies of Supplier’s Invoice indicating, inter-alia description and specification of the
goods, quantity, unit price, total value
(b)
Packing list
(c)
Certificate of country of origin
(d)
Insurance certificate, if required under the contract
(e)
Railway receipt/Consignment note
(f)
Manufacturer’s guarantee certificate and in-house inspection certificate
(g)
Inspection certificate issued by purchaser’s inspector, if any
(h)
Any other document(s) as and when required in terms of the contract
NOTE:
GCC 2.16.1
1
The nomenclature used for the item description in the invoice(s), packing list(s) and the
delivery note(s) etc. should be identical to that used in the contract. The dispatch particulars
including the name of the transporter should also be mentioned in the Invoice(s).
2
The above documents should be received by the Purchaser before arrival of the Goods and,
if not received, the Supplier will be responsible for any consequent expenses
B)
For goods manufactured abroad
Within 24 hours of dispatch, the supplier shall notify the purchaser the complete details of
dispatch and also supply following documents by Registered Post / courier and copies
31
thereof by FAX.
(a)
Two copies of supplier’s Invoice giving full details of the goods including quantity, value, etc.
(b
Packing list
(c)
Certificate of country of origin
(d)
Manufacturer’s guarantee and Inspection certificate
(e)
Inspection certificate issued by the Purchaser’s Inspector, if any
(f)
Insurance Certificate, if required under the contract
(g)
Name of the Vessel / Carrier
(h)
Bill of Lading / Airway Bill
(i)
Port of Loading
(j)
Date of Shipment
(k)
Port of Discharge & expected date of arrival of goods
(l)
Any other document(s) as and when required in terms of the contract
NOTE:
GCC 2.16.3
1
The nomenclature used for the item description in the invoice(s), packing list(s) and the
delivery note(s) etc. should be identical to that used in the contract. The dispatch particulars
including the name of the transporter should also be mentioned in the Invoice(s).
2
The above documents should be received by the Purchaser before arrival of the Goods and,
if not received, the Supplier will be responsible for any consequent expenses.
(a)
In case of supplies from within India, the mode of transportation shall be by Air / Rail /
Road.
(b)
In case of supplies from abroad, the mode of transportation shall be by Air/Sea.
GCC 2.17.1
The Insurance shall be for an amount equal to 110% of the CIF or CIP value of the contract from
within “warehouse to warehouse (final destination)” on “all risk basis” including strikes, riots and
civil commotion, in addition to storage policy for 60 days is advised so as to ensure the inspection
by the Indian Agent at the time of opening the packages.
GCC 2.19.1
The incidental services to be provided are as under:
1.
Order Acceptance
2.
Certification of pre-installation requirements before delivery of equipment.
3.
Installation
4.
Warranty Replacement.
The cost shall be included in the contract price.
32
GCC 2.21.3
The period of validity of the Warranty shall be: 12 (Twelve) months.
In case of any replacement during the warranty period the same shall be made free of cost i.e. CIP,
NAL Stores, Bangalore, India basis. All the duties / taxes relating to these replacements have to be
borne by the supplier. Dispatch details of such warranty replacements have to be informed in
advance to enable us to provide documents for custom clearance.
Note: Any replacements during warranty period should be free of cost. If the defective item has to
be sent back to the Principal Supplier, for such replacements / returns to the Principal Supplier /
Indian Agent has to bear documentation charges. If the cost of replacement is upto Rs. 5.00 Lakh
the documentation charges will be Rs. 5,000/- and above Rs. 5.00 Lakh it is Rs. 10,000/-. Such
charges have to be paid in favour of The Director, CSIR-NAL, Bangalore. These charges are only for
documentation. Any charges regarding packing, forwarding, freight, insurance, etc. should be
borne by the Principal supplier / Indian Agent for returning of defective items. In other words, any
warranty replacement has to be done immediately/within a week (7 days) without expecting CSIRNAL to export the defective items to Principal supplier for repair/replacements. All charges
involved for re-export of defective items have to be borne by Principal supplier / Indian Agent.
The method and conditions of payment to be made to the Supplier under this Contract shall be as
follows:
A
Payment for Goods supplied from abroad:
Payment of foreign currency portion shall be made in
following manner:
GCC 2.22.1
currency of the Contract in the
(a)
On Shipment: Ninety (90%) percent of the Contract Price of the Goods shipped shall be paid
through irrevocable letter of credit opened in favour of the Supplier in a bank in its country,
upon submission of documents specified in GCC Clause 2.16.
(b)
On Acceptance: Ten (10%) percent of the Contract Price of Goods received shall be paid
within thirty (30) days of receipt of the Goods and successful installation & commissioning
upon submission of claim supported by the acceptance certificate issued by the Purchaser
along with the Performance security, if any.
(c)
The LC for 100% value of the contract shall be established after deducting the agency
commission payable if any, to the Indian agent from the FOB / FCA value.
(d)
The LC will be confirmed at the suppliers cost, if requested specifically by the supplier. All
bank charges abroad shall be to the account of the beneficiary i.e. supplier and all bank
charges in India shall be to the account of the opener i.e. purchaser. If LC is requested to be
extended/ reinstated for reasons not attributable to the purchaser, the charges thereof
would be to the suppliers’ account. Payment of local currency portion shall be made in
Indian Rupees within thirty (30) days of presentation of claim supported by a certificate from
the Purchaser declaring that the Goods have been delivered and that all other contracted
Services have been performed.
(e)
The shipment documents to be presented within 21 days from shipment date through our
Bankers i.e., State Bank of India, Foreign Exchange Department, NAL Branch, Bangalore560017, India. A duplicate set of documents should be marked to us separately.
B
Payment for Goods and Services supplied from India:
The payment shall be made in Indian Rupees, as follows:
(a)
On shipment : Ninety (90%) percent of the Contract Price shall be paid on receipt of the
Goods and upon submission of the documents specified in GCC Clause 2.16
33
On Acceptance: The remaining Ten (10%) percent of the Contract value shall be paid to the
Supplier within thirty (30) days after the date of the acceptance certificate issued by the
Purchaser subject to submission of performance security, if any.
(b)
NOTE:


GCC 2.27.1
All payments due under the Contract shall be paid after deduction of statutory levies at source
(like ESIC, Income Tax, etc.), wherever applicable.
NO ADVANCE PAYMENTS ARE ALLOWED UNDER ANY CIRCUMSTANCES
(a)
As time is the essence of the contract, Delivery period mentioned in the Purchase Order
should be strictly adhered to. Otherwise the bidder will forfeit EMD/SD and also LD clause
will be applicable /enforced
(b)
If the supplier fails to Supply, Install and Commission the system as per specifications
mentioned in the order within the due date, the Supplier is liable to pay liquidated damages
of 1% of order value per every week of delay subject to a maximum of 10% beyond the due
date. Such money will be deducted from any amount due or which may become due to the
supplier
(c)
NAL reserves the right to cancel the order in case the delay is more than 10 weeks.
Penalties, if any, will be deducted from the Security Deposit
(d)
The maximum amount of penalty shall be 10%.
(e)
The liquidated damages shall be levied on the delivered price of the delayed Goods or
unperformed Services or contract value.
GCC 2.34.1
The place of jurisdiction is Bangalore, India.
GCC 2.35.1
For notices, the Purchaser’s address is
The Director
CSIR- National Aerospace Laboratories
NWTC Road, Belur, Bangalore – 560037
Karnataka-India
Telephone #
: 0091-80-25051986 /1857/1858/1859
Facsimile number : 0091-80- 25051856
E-mail address
: [email protected]
34
CHAPTER 3
(To be filled by the bidder and enclosed with the Technical Bid.)
SCHEDULE OF REQUIREMENT
Sr.
No.
Brief Description of goods
and services
1
Quantity
Final
destination/
Place
Delivery
Schedule
(to be filled by
the
bidder)
As mentioned in Chapter 4
Term of delivery
:
Scope of Supply
: ________________________________________
Standards
: ________________________________________
Training requirement
: ________________________________________
(Location, no. of persons, period of training, nature of training)
Date
Place
(to be filled by the
bidder)
Goods from Abroad : CIP, Bangalore
Goods within India : Free Delivery to NAL
Period of delivery shall count from : ________________________________________
(to be filled by the bidder)
Signature of the Bidder
Time frame required for
conducting installation,
commissioning of the
equipment, acceptance
test, etc. after the arrival
of consignment
: ________________________________________
: ……………………………
: ……………………………
35
CHAPTER 4
SPECIFICATIONS AND ALLIED TECHNICAL DETAILS
Working Computer - 5Nos
Features
Processor
Minimum Requirements
• Intel® Xeon® processor E3-1225v2, Quad-Core, 8 MB cache, 3.2 GHz,
up to 3.6 GHz with Intel 24GB SRT Disk cache Module & Intel Turbo
Boost Technology
Chipset
Memory
• Intel® C226 chipset
• 8GB (2x4GB) DDR3-1600 nECC RAM, 4 DIMM slots, supporting up to
32GB ECC/non-ECC, DDR3 1600 MHz
• Integrated SATA Controller
• 1TB SATA 7200 rpm 6Gb/s 3.5" HDD
• 16X SuperMulti DVDRW SATA
• NVIDIA Quadro K600 1GB Pro Graphics
• 23-inch LED Backlit Monitor
• Viewing Angle: Up to 170° horizontal/160° vertical Native Resolution
1920 x 1080 @ 60 Hz, supplied Monitor should have Multi-monitor
supports depends on Computers capability.
• USB Standard Keyboard
• USB Optical button scroll mouse
• Integrated Audio with external USB Powered Speakers
• Integrated 10/100/1000 Gbit LAN
• 2 internal 3.5-inch bays, 1 internal 2.5-inch bay, 1 external slim ODD bay,
2 external Half-Height 5.25-inch bays3 internal 3.5" bays
1 PCIe Gen3 x16,
1 PCIe Gen2 x4 slot/x16 connector,
1 PCIe Gen2 x1 slot/x4 connector,
1 PCIe Gen2 x1 slot, 1 PCI 32-bit.
Drive Controllers
Internal Storage
Optical Drive
Graphics Card
Monitor
Keyboard
Mouse
Audio
Communications
Bays
Slots
Ports
• Front: 2 USB 3.0; 1 USB 2.0; 1 USB 2.0 Charging Data Port; 1
microphone in; 1 headphone out Rear: 2 USB 3.0; 4 USB 2.0; 1 audio in; 1
audio out; 1 microphone; 2 PS/2; RJ-45 (LoM), Internal: 1 USB 3.0, 3 USB
2.0
Operating System
• Genuine Windows 8 Professional 64 downgrade to Windows 7
Professional (64-bit) with recovery media
• Tower
• 400 watts wide-ranging, active Power Factor Correction, 92% Efficient
• 3 years Warranty including a 3 years parts, 3 years labour, and 3 years
onsite service onsite comprehensive warranty with defective media
retention (Hard Drive Hardware Warranty 3 Years with defective media
retention
Form Factor
Power Supply
warranty
36
Industrial Computer - 2Nos
Features
Processors
Chipset
Memory
Drive
Controllers
Internal Storage
Optical Drive
Graphics Card
Monitor
Keyboard
Mouse
Audio
Communications
Slots
Ports
Operating
System
Form Factor
Warranty
Minimum Requirements
• 2 Intel Xeon E5-2630 V2, 6C HT processors @ 2.6 GHz, 15 MB cache,
Turbo Boost 7.2 GT/s
• Intel C602 chipset
• 32 GB (8x4GB OR 4x8GB) 1600 MHz DDR3 ECC RAM
• SAS Raid Controller with RAID 0/1 support
• 2 X 500GB HDD
• 8X DVD RW SATA
• NVIDIA Quadro K4000 Graphics Card
• 24 inch TFT color monitor with LED back light, standard aspect
ratio and supporting resolution of 1920 x [email protected], minimum
1000:1 contrast ratio, 7 ms response time or better, 400 nits
brightness, USB 2.0 ports, Digital DVI input, Analog Input
Monitor make should be same as that of workstation
(Min 2 nos each unit)
• USB Standard Keyboard and Wireless
• USB Optical button scroll mouse and Wireless
• Integrated Audio card with 2.1 stereo speaker system
1 Gigabit Ethernet Port supporting 10/100/1000 Mbps with RJ45
Connector or Intel X520-T2 Dual Port 10GbE Network Interface Card
1 PCIe Gen3 x16,1 PCIe Gen2 x4 slot/x16 connector, 1 PCIe Gen2 x1
slot/x4 connector, 1 PCIe Gen2 x1 slot, 1 PCI 32-bit.
Front: 2 - USB 2.0, 1 - System ID Button/LED
Internal: 1 - USB 2.0
Rear: 4 - USB 2.0, 2 - USB 3.0 (optional PCIe card), 1 - Audio out, 1 Audio in, 1 - Serial, 2 - RJ45, 1 - System ID Button/LED
Additional USB 2/3 on PCIe card
• Genuine Windows 8 Professional 64 downgrade to Windows 7
Professional (64-bit) with recovery media
• Rack - Should not be more than 2U (19” Standard rack)
Sliding rail kits should be supplied to mount the on 19” standard
rack
• 3 years on-site parts and labor warranty for systems and
monitors.
37
Working Laptop - 2 Nos
Features
CPU
OS
Chipset
Memory
HDD
Webcam
Display
Graphics
Network
Wireless
SECURITY
Audio
Keyboard
Battery
Power Adapter
Ports
Slots
Optical Storage
Carry bag
Warranty
Minimum Requirements
4th Generation Intel® Core™ i7-4700MQ (2.4 GHz, 1600MHz, 6 MB L3
cache, 4 cores, 47W) Up to 3.40 GHz with Intel Turbo Boost Technology
Windows 7 Professional 64 (available through upngrade rights to
Windows 8 Pro) with Recovery Media OS DVD Windows 7 Pro64/ Win 8
DRDVD Restore Media
Mobile Intel QM77 Express
4 x 8 GB 1600 MHz DDR3 SDRAM
750GB 7200 rpm SMART SATA II hard drive with 3D DriveGuard
WEBCAM Integrated 720p HD
17.3 inch LED HD+ SVA Anti-Glare enabled for Webcam (1600x900)
NVIDIA Quadro K4100M with 4 GB dedicated GDDR5 video memory
Microsoft DirectX 11.1 (Shader Model 5.0) and OpenGL 4.2 capable
Integrated Integrated Intel I217-LM 10/100/1000 Gigabit Network
Connection
Integrated 8Intel 6235 abgn 2x2 +Bluetooth Combo 4.0 High Speed
Fingerprint Reader
DTS Studio Sound HD audio Integrated stereo speakers
Integrated microphone Button for volume mute; function keys for volume
up and down Combo mic-in / stereo headphone-out jack
Spill-resistant keyboard with Touchpad with on/off button, two-way scroll,
gestures, three pick buttons Pointstick with three additional pointstick
buttons Image sensor touchpad
Long Life 8-cell Lithium-Ion Battery (75 WHr)
External 230 Watt Smart AC Adapterr, Power cord included is 6-foot (1.8
meter)
VGA – One,DisplayPort v1.2– One,Thunderbolt – One, Stereo
microphone in / headphone-out combo jack – One, Power Connector –
One, Secondary Battery Connector – One, Docking Connector – One
RJ-45 (Ethernet) – One, USB 3.0 – Two, USB 3.0 Charging Port – One
USB 2.0 Port – One, Security lock slot – One
ExpressCard/54 slot – One (Supports ExpressCard/54)
Blu-ray R/RE DVD+/- RW Super multi DL
Professional Slim Top Load carry Case
3 years Warranty including a 3 years parts, 3 years labour, and 3 years
onsite service onsite comprehensive warranty with defective media
retention (Hard Drive Hardware Warranty 3 Year)
38
Rugged laptop - 1No
Features
Operating system
Cpu
Storage
Memory
Display
Audio
Expansion slot
Keyboard & input
Interface
Wireless
Power supply
Security features
Dimensions &
weight
Durability
features
With OPTIONAL
ITEMS
Warranty
Minimum Requirements
Genuine Windows 7 Professional
Intel Corei52520UM, vPro Processor, Processor speed 1.2Ghz with Turbo
Boost upto 2GHz,Intel smart cache 3MB L2 cache
320GB HDD SHOCK‐MOUNTED AND QUICK‐RELEASE
4GBSDRAM (DDR3‐1066MHZ) STANDARD, EXPANDABLE TO 8GB
10" 1024x768 XGA sun light viewable touch screen or optional dual touch
LCD With Panasonic CircuLumin technology (2 to 1000 nit)
External video support, Intel QM57 (GMA 4500MHD video controller)
max.1024MB UMA VRAM on XP, Concealed mode, LED Backlighting
Analog Devices AD1883 compliant audio codec, Intel high definition, audio
compliant, Integrated front facing, speaker, Convenient keyboard volume
and mute controls
Card Type II x 1, SD Card (SDHC), ExressCard/54 x 1
Touchscreen, Integrated stylus holder, 82key, with dedicated Windows key,
Pressure sensitive touchpad with vertical scrolling support
External Video, Headphones/Speaker, Microphone/LineIn, Port , replicator,
Serial, Ext. antenna conn. (x2), USB 2.0 (x2), IEEEE 1394a (FireWire),
10/100/1000 Ethernet, 56K V.92 Modem
Intel Wireless WiFi Link 5100 802.11a/b/g/draftn, Bluetooth V2.0 + EDR
(Class 1)
Lithium Ion battery pack (10.65V, 5700mAh), Battery operation: 9 hours
(Vista), 10 hours (XP), Battery charging time: 4.5hrs. off/ 6.5hrs. on
AC Adapter:AC 100V240V, 50/60Hz
Password Security: Supervisor, User, Hard Disk Lock, Cable Lock Slot
Trusted Platform Module (TPM) security chip v.1.2, Computerace theft
protection agent in BIOS, Fingerprint reader (option), SmartCard reader
(option)
8.5" (L) x 10.7" (W) x 1.9" (H), 5.1 lbs.
MILSTD810G, certified (3' drop rating), MILSTD461E, certified, IP65
certified sealed all weather, design, HDD heater, Full magnesium alloy case
w/handle, Shock mounted, quick release, hard drive
• GPS Receiver, • External USB DVD RW drive, • Vehicle adapter
• Backlit Keyboard, • Additional Primary Battery pack
3year limited warranty, parts & labor
39
High End Computer - 2Nos
Features
Processor
Chipset
Memory
Drive Controllers
Internal Storage
Optical Drive
Graphics Card
Monitor
Keyboard
Mouse
Audio
Communications
Bays/Slot
Ports
Operating System
Form Factor with
Tool free design
Warranty
Minimum Requirements
• Dual Intel® Xeon® Processor E5-2687W 8 CORE 3.10GHz 20MB
Cache, Memory Speed 1600 (MHz)
8.00 GT/s Intel® QPI with Hyper-Threading Technology
Processor CPU's with Liquid Cooling.
• Intel C602 Chipset
• 64 GB (8 * 8GB) DDR3-1600Mhz ECC REG RAM, Expandable to
512GB, 16DIMM Slots
• Integrated 4-channel SATA 3 Gb/s controller, RAID 0, 1, 5, 10 capable
• 3 TB 7200K RPM SATA HDD
• 16X DVD+/-RW Double Layer SuperMulti (SATA)
NVIDIA Quadro 6000 6GB Graphics PCI Express 2.0 x16
Memory 6 GB GDDR5, 384-bit ECC Memory, Connectors : 1 DVI-I
output, 2 DisplayPort outputs,
• 24 inch IPS LED Backlit Professional Monitor.
• USB Standard Keyboard
• USB Optical 2 button scroll mouse
• High-definition integrated Realtek ALC262 Audio with jack retasking
and autosensir capability & external USB Power speaker
• Dual Intel Integrated 10/100/1000 Gigabit Gb E LAN (10,100,1000
Mbps), Wake on LAN
• 3 external 5.25-inch bays• 4 internal 3.5-inch bays• 3 PCI Express Gen3
x16• 1 PCI Express Gen3 x16 mechanical/x8 electrical• 1 PCI Express
Gen3 x8 mechanical/x4 electrical• 1 PCI Express Gen2 x8 mechanical/x4
electrical• 1 Legacy PCI
Front: 2 USB 3.0, 1USB 2.0, 11EEE 1394a standard, 1microphone in,
1headphone Rear: 2 USB 3.0, 4 USB 2.0, 11EEE 1394a, 1audio in, 1audio
out, 1microphone in, PS/2, 2 RJ-45 to integrated Gigabit LAN, 1serial
Internal: 6 USB 2.0 ports available by three 2x5 headers
• Genuine Windows 8 Professional 64 downgrade to Windows 7
Professional (64-bit) with recovery media
• Minitower with tool-less entry and handles. maintenance. System have
integrated chassis
• Chassis is modular-built, with cable-less power supply and components.
Screw-less mounting. System feature Active Acoustic Reduction with
noise level below 5bels. CPU, Memory and Chipset have separate fans for
cooling.
3 years Warranty including a 3 years parts, 3 years labour, and 3 years
onsite service onsite comprehensive warranty with defective media
retention (Hard Drive Hardware Warranty 3 Year)
40
4.1
Warranty
The complete equipment must be under warranty for a period of 36 months from the date of installation and
commissioning
Software updates must be provided free of cost for a period of 36 months from the date of installation. The
manufacturer must provide the following information and offers are liable to be rejected if the following points are
not addressed by the vendor
i) List of service centres
ii) Number of service engineers and laser certified person from laser manufacturer
iii) List of spares stocked in India
An undertaking that the Principals will supply all the required spares and service for the equipment for a period of 5
years from the date of commissioning
41
CHAPTER 5
Qualification Requirements
The Bidder shall furnish documentary evidence along with Technical Bid to support the following Qualification
Criteria:
1)
The bidder shall furnish documentary evidence to demonstrate that the bidder satisfies the bidders’
eligibility criteria, as mentioned in ITB Clause 1.1.
2)
The Bidder should be a manufacturer /authorized representative of a manufacturer who must have
designed, manufactured, tested and supplied the equipment(s) similar to the type specified in the
“Technical Specification”. The Manufacturers’ Authorization Form (Chapter-8) must be enclosed with the
technical bid. Equipment / System offered must be of the most recent series/models incorporating the
latest improvements in design. The models should be in successful operation for at least one year as on
date of Bid Opening.
3)
Financial Capability:
The Bidder shall furnish documentary evidence that it meets the following financial requirements(s):
a) An undertaking (self certificate) is to be submitted that the Organization has not been blacklisted
by any Central / State Government Department/Organization.
b) Solvency certificates (not older than twelve months) issued by Scheduled/ Nationalized bank with
whom bidder holds the current account.
c) Financial Credentials: As part of the eligibility Criteria of the bidders CSIR-NAL seeks to have a
detailed information about the bidding firms and their Principal supplier/Manufacturer or the
ultimate beneficiary. For this purpose, the bidders are required to obtain/submit a report through
“MIRA INFORM PRIVATE LIMITED”, 605, Palmspring , Near D’Mart, Link Road, Malad (West),
Mumbai – 400064; Tel. Nos. 022-40448000 (44 Lines) Fax No. 022-0448045 / 40448046; Email: [email protected]; [email protected]; Website: http://www.mirainform.com. The
above report has to be attached to the Technical bid only.
NOTE:
4)
In case a bidder has participated in any of CSIR-NAL’s tender within one year from the present
tender and have submitted MIRA Inform Report for that tender, such bidder need not obtain a
fresh report. A copy of the earlier report may be enclosed with the present tender citing reference
of the previous tender where the original MIRA Inform Report has been submitted.
Experience and Technical Capacity:
The Bidder shall furnish documentary evidence to demonstrate that it meets the following experience
requirement(s):
a) The bidder (OEM/Direct Distributor/Dealer) should have supplied and installed during past 3
years, at least two similar equipments / systems as mentioned in Chapter-4. The Bidder should
furnish the information on all past supplies and satisfactory performance during past 3 years in
the proforma (Performance Statement Form-Chapter-8).
b) Bidders shall invariably furnish documentary evidence (client’s certificate) in support of the
satisfactory operation of the equipment / system.
c) Details of Service Centers and information on service support facilities that would be provided
after the warranty period (in the Service Support Form- Chapter-8).
d) That adequate and specialized expertise is already available or will be made available following the
execution of the contract in the Purchaser’s country, to ensure that the support services are
responsive and adequate as per ITB 1.13.2(c).
5)
The Indian Agents of foreign manufacturers/ suppliers quoting directly on behalf of their principals for
items appearing in the restricted list of the current EXIM policy of the Govt. of India must be registered with
DGS&D.
42
6)
Either the Indian Agent on behalf of the foreign principal or the foreign principal directly could bid in a
tender but not both. However, the offer of the Indian Agent should also accompany the authorization letter
from their principal. Further, to maintain sanctity of tendering system one Indian agent cannot represent
two different foreign principals in one tender.
The bidders who do not fulfil the above Qualification Criteria shall be rejected during the Evaluation of Bid.
I.
Formation of Technical and Purchase Committee
The Technical Evaluation Committee(s) will be constituted by Director, CSIR-NAL. He may nominate some
external/expert members, in the interest of CSIR-NAL.
II.
Terms of the Technical and Purchase Committee
a) A committee duly constituted by the Director, CSIR-NAL will go through the technical aspects of the tender
and recommend short listed firms. The recommendation of the technical committee is the final and
binding on all the parties.
b) The technical evaluation will be an assessment of the Technical Bid. CSIR-NAL representatives will
proceed through a detailed evaluation of the Technical Bids as defined in Chapter 3 - Schedule of
requirements, in order to determine whether they are substantially responsive to the requirements set
forth in the tender. In order to reach such a determination, CSIR-NAL will examine the information supplied
by the Bidders, and shall evaluate the same as per the specifications mentioned in this tender.
c) The technical committee may formulate evaluation criteria in addition to the specifications and
requirements indicated in the tender, in the interest of CSIR-NAL and this criteria/recommendation will
also form as a part of short-listing of the firms.
d) The Technical Committee will examine all the Technical aspects of the bids received. Further, the
Technical Committee may seek additional information from the existing users at CSIR-NAL or from other
Labs/Organisations and also call for Technical presentations from the bidders if it is required so.
e) The recommendation/decisions of the Technical and Purchase Committee is final and binding on all the
suppliers.
III.
Evaluation Criteria
a) On the due date the Technical bids will be opened and referred to the Technical Committee which is duly
constituted by the Director, CSIR-NAL.
b) The information received and the bids already submitted together will be examined with reference to the
tendered specifications and evaluation is made by the Technical Committee.
c) After the technical evaluation is completed and approved, CSIR-NAL shall inform to the bidders whose bids
have been rejected technically with the reasons for rejection.
IV.
The commercial offers of the vendors whose technical offers are found to be technically deficient or do not
meet the qualification criteria as specified in this tender will be returned to them without opening along with
their EMD.
a) The successful bidders will be informed regarding the date and time of Commercial bid opening.
b) The purpose of obtaining two bids (technical and commercial) is to evaluate all the firms on technical basis
with reference to the tendered specifications, performance of similar Solutions/Applications elsewhere,
obtaining users’ views with reference to the earlier supplies. This will enable the technical committee to
arrive at a fair recommendation in the interest of the organization.
43
c) In the event of seeking any clarification from various bidders by CSIR-NAL, the bidders are required to
furnish only technical clarifications that are asked for. No amendment to commercial bid will be
entertained at that stage. In case if a bidder fails to quote for a particular item it amounts to noncompliance and hence such bid will not be considered for further evaluation. Further during this process if
any bidder indicates the price during the clarification such bids also will not be considered for further
evaluation.
IMPORTANT NOTE:
Any bidder or their authorized agent who had earlier participated in the bidding of CSIR-NAL/other CSIR
Laboratories/Institutes and have not revealed their agency details or commission and subsequently drawn any of
the CSIR Laboratories/Institutes to litigations or inconvenience in discharging the CSIR organization’s obligation,
the bids of such firms will not be considered for technical evaluation.
All the bidding firms or their authorized representatives have to submit a self-certificate as per the format given
below:“Certificate that we/our authorized agent have not involved in any activities or suppressed the facts either in the
past or at present and have not filed any case against any of the CSIR Laboratories/Institutes.
44
CHAPTER – 6
A. PRICE SCHEDULE FOR GOODS BEING OFFERED FROM ABROAD
Name of the Bidder_______________________________
1
Sl.
No.
2
Item
Description
3
4
5
Country
of Origin
Uni
t
Quantit
y
6
Unit Price
FCA (named
place of
delivery)
Tender No.____________________________
7
Total Price
FCA (named
place of
delivery)
8
Charges for
Insurance &
transportation to
place of destination
Currency _______________________
Note:
(a)
(b)
(c)
(d)
(e)
9
Total Price
CIF,
Bangalore
10
Indian Agents
Commission as a percent
of FCA price included in
the quoted price
11
Approx.
shipment
weight and
volume
Total Bid price in foreign currency ____________________
Indian agents name & address
__________________________
Installation, commissioning & training charges, if any
__________________________
Cost of Spares, if any
__________________________
The Indian agent’s commission shall be paid in Indian Rupees only based on the Exchange Rate prevailing on the date of negotiation of documents in accordance
with clause 22.1 of GCC.
The cost of optional items shall be indicated separately.
Signature of Bidder ________________________________
Name
________________________________
Business Address ________________________________
45
CHAPTER – 6
B. PRICE SCHEDULE FOR GOODS BEING OFFERED FROM INDIA
Name of the Bidder_________________
1
Sl.
No.
2
Item
Description
3
Country
of Origin
4
Unit
Tender No.______________
5
Quantity
6
Unit Price
Ex-Works,
Exwarehouse,
Ex-showroom off
the shelf price
(inclusive of all
taxes already
paid)
7
Total Price
Ex-Works, Exwarehouse,
Ex-showroom off the
shelf price (inclusive
of all taxes already
paid)
Total Bid price in Indian Rupees_____________________
Note :
(a)
(b)
The cost of optional items shall be indicated separately.
Cost of Spares, if any _________________________
Signature of Bidder ________________________________
Name
________________________________
Business Address ________________________________
46
8
VAT & other
taxes like
excise duty
payable, if
contract is
awarded
9
Packing &
forwarding
up to
station of
dispatch, if
any
10
Charges for
inland
transportation,
insurance up to
Laboratory /
Institute
11
Installation,
commissioning
and training
charges, if any
CHAPTER 7
Contract Form
Contract No. _____________________________ Date:_______________
THIS CONTRACT AGREEMENT is made
the [ insert: number ] day of [ insert: month ], [ insert: year ].
BETWEEN
(1)
The Council of Scientific & Industrial Research registered under the Societies Registration Act 1860 of
the Government of India having
its registered office at 2, Rafi Marg, New Delhi-110001, India
represented by ___________ [insert complete name and address of Purchaser (hereinafter called “the
Purchaser”), and
(2)
[insert name of Supplier ], a corporation incorporated under the laws of [insert: country of Supplier ]
and having its principal place of business at [insert: address of Supplier ] (hereinafter called “the
Supplier”).
WHEREAS the Purchaser invited bids for certain Goods and ancillary services, viz., [insert brief description of
Goods and Services] and has accepted a Bid by the Supplier for the supply of those Goods and Services in the
sum of [insert Contract Price in words and figures, expressed in the Contract currency(ies) ] (hereinafter called
“the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
01.
In this Agreement words and expressions shall have the same meanings as are respectively assigned
to them in the Conditions of Contract referred to.
02.
The following documents shall constitute the Contract between the Purchaser and the Supplier, and
each shall be read and construed as an integral part of the Contract:
(a)
This Contract Agreement
(b)
General Conditions of Contract
(c)
Special Conditions of Contract
(d)
Technical Requirements (including Schedule of Requirements and Technical Specifications)
(e)
The Supplier’s Bid and original Price Schedules
(f)
The Purchaser’s Notification of Award
(g)
[Add here any other document(s)]
03.
This Contract shall prevail over all other Contract documents. In the event of any discrepancy or
inconsistency within the Contract documents, then the documents shall prevail in the order listed
above.
04.
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.
05.
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.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws
of Union of India on the day, month and year indicated above.
For and on behalf of the Council of Scientific & Industrial Research
Signed : [insert signature]
in the capacity of [ insert title or other appropriate designation ]
in the presence of [ insert identification of official witness ]
Signed : [ insert signature ]
in the capacity of [ insert title or other appropriate designation ]
in the presence of [ insert identification of official witness ]
For and on behalf of the Supplier
Signed : [ insert signature of authorized representative(s) of the Supplier ]
in the capacity of [ insert title or other appropriate designation ]
in the presence of [ insert identification of official witness ]
47
CHAPTER 8
OTHER STANDARD FORMS
Sr. No.
Name of the Form
Annexure
1
Bidder Information Form
A
2
Manufacturers’ Authorization Form
B
3
Bid Security Form / Earnest Money Deposit
C
4
Performance Statement Form
D
5
Deviation Statement Form
E
6
Service Support Detail Form
F
7
Bid Form
G
8
Performance Security Form
H
9
Acceptance Certificate Form
I
10
Indemnity Bond
J
NOTE : The Successful Bidder shall submit Annexure – H, I & J
48
Bidder Information Form
(a)
ANNEXURE - A
[The Bidder shall fill in this Form in accordance with the instructions indicated below. No alterations to its
format shall be permitted and no substitutions shall be accepted. This should be done of the letter head of
the firm]
Date
: [insert date (as day, month and year) of Bid Submission]
Tender No
.: [insert number from Invitation for bids]
Page 1 of_______ pages
01.
02.
03.
04.
05.
06.
Bidder’s Legal Name [insert Bidder’s legal name]
In case of JV, legal name of each party: [insert legal name of each party in JV]
Bidder’s actual or intended Country of Registration: [insert actual or intended Country of
Registration]
Bidder’s Year of Registration: [insert Bidder’s year of registration]
Bidder’s Legal Address in Country of Registration: [insert Bidder’s legal address in country of
registration]
Bidder’s Authorized Representative Information
Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
07.
Email Address: [insert Authorized Representative’s email address]
Attached are copies of original documents of: [check the box(es) of the attached original
documents]
Articles of Incorporation or Registration of firm named in 1, above.
Signature of Bidder
_________________________________
Name
_________________________________
Business Address
_________________________________
49
MANUFACTURERS' AUTHORIZATION FORM
ANNEXURE-B
[The Bidder shall require the Manufacturer to fill in this Form in accordance with the instructions indicated. This
letter of authorization should be on the letterhead of the Manufacturer and should be signed by a person with
the proper authority to sign documents that are binding on the Manufacturer.
Date
: [insert date (as day, month and year) of Bid Submission]
Tender No
.: [insert number from Invitation For Bids]
To
: [insert complete name and address of Purchaser]
WHEREAS
We [insert complete name of Manufacturer], who are official manufacturers of [insert type of goods
manufactured], having factories at [insert full address of Manufacturer’s factories], do hereby authorize [insert
complete name of Bidder] to submit a bid the purpose of which is to provide the following Goods, manufactured
by us [insert name and or brief description of the Goods], and to subsequently negotiate and sign the Contract.
We hereby extend our full guarantee and warranty in accordance with Clause 21 of the General Conditions of
Contract, with respect to the Goods offered by the above firm.
Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]
Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]
Title: [insert title]
Duly authorized to sign this Authorization on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]
50
BID SECURITY FORM
ANNEXURE-C
Whereas ______________________________________________________________________________________
(hereinafter called the tenderer”)
has submitted their offer dated ___________________________________________________________________
for the supply of _____________________________________________________________________________
(hereinafter called the tender”)
Against the purchaser’s tender enquiry No.__________________________________________________________
KNOW ALL MEN by these presents that WE _______________________________________________________
of ________________________________________________________________having our registered office at
_________________________are bound unto _________________________(hereinafter called the “Purchaser”)
In the sum of ___________________________________________________________________________________
For which payment will 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
____________20__________.
THE CONDITIONS OF THIS OBLIGATION ARE:
(1)
(2)
(3)
(4)
If the tenderer withdraws or amends or modifies or impairs or derogates from the Tender in any
respect within the period of validity of this tender.
If the tenderer having been notified of the acceptance of his tender by the Purchaser during the
period of its validity
If the tenderer fails to furnish the Performance Security for the due Performance of the contract.
Fails or refuses to accept/execute the contract.
We undertake to pay 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 the two conditions, specifying the
occurred condition or conditions.
This guarantee will remain in force up to and including 45 days after the period of tender validity and any
demand in respect thereof should reach the Bank not later than the above date.
______________________
(Signature of the authorized officer of the Bank)
Name and designation of the officer
Seal, name & address of the Bank and address of the Branch
Note:
Whenever the bidder chooses to submit the Bid Security in the form of Bank Guarantee, then he should
advise the banker issuing the Bank Guarantee to immediately send by Registered Post (A.D.) an
unstamped duplicate copy of the Guarantee directly to the Purchaser with a covering letter to compare
with the original BG for the correctness, genuineness, etc.
51
ANNEXURE-D
PERFORMANCE STATEMENT FORM
(For a period of last 3 years)
Name of the Firm……………………….
Order Placed by
(full address of
Purchaser)
Order No.
and date
Description and
quantity of
ordered
equipment
Value
of
order
Date of
completion
of deliver as
per
contract
Date of actual
completion of
delivery
Signature and Seal of the manufacturer/Bidder …………………………….
Place
Date
:
:
52
Remarks
indicating reasons
for late delivery, if
any
Has the
equipment been
installed
satisfactory?
(Attach a
certificate from
the purchaser /
Consignee)
Contact person
along with
Telephone No.,
FAX No. and
e-mail address
DEVIATION STATEMENT FORM
ANNEXURE- E
The following are the particulars of deviations from the requirements of the tender specifications:
CLAUSE
DEVIATION
REMARKS
(INCLUDING
JUSTIFICATION)
Place:
Date:
NOTE:
Signature and seal of the
Manufacturer/Bidder
Where there is no deviation, the statement should be returned duly signed with an endorsement
indicating “No Deviations”.
53
SERVICE SUPPORT DETAIL FORM
Sl.
No.
Nature of training
imparted
List of similar type of
equipments serviced in
the past 3 years
Signature and Seal of the manufacturer/Bidder…………………………….
Place :
Date :
54
ANNEXURE- F
Address, Telephone
Nos. , Fax Nos and
e-mail address
ANNEXURE-G
Bid Form
[The Bidder shall fill in this Form in accordance with the instructions indicated No alterations to its
format shall be permitted and no substitutions shall be accepted.]
Date
: [insert date (as day, month and year) of Bid Submission]
Tender No.
: [insert number from Invitation for Bids]
Invitation for Bid No
.: [insert No of IFB]
To
: [insert complete name of Purchaser]
We, the undersigned, declare that:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
We have examined and have no reservations to the Bidding Documents, including Addenda No.:
[insert the
number and issuing date of each Addenda]
We offer to supply in conformity with the Bidding Documents and in accordance with the Delivery
Schedules
specified in the Schedule of Requirements the following Goods and Related Services [insert a
brief
description of the Goods and Related Services]
The total price of our Bid, excluding any discounts offered in item (d) below, is: [insert the total bid
price in
words and figures, indicating the various amounts and the respective currencies]
The discounts offered and the methodologies for their application are:
Discounts. If our bid is accepted, the following discounts shall apply. [Specify in detail each
discount offered and the specific item of the Schedule of Requirements to which it applies.]
Our bid shall be valid for the period of time specified in ITB Clause 1.16, from the date fixed for
the bid
submission due date in accordance with ITB Clause 1.19 and it shall remain binding upon us and
may
be accepted at any time before the expiration of that period
If our bid is accepted, we commit to obtain a performance security in accordance with ITB Clause
1.41 and GCC Clause 2.13 for the due performance of the Contract
The following commissions, gratuities, or fees have been paid or are to be paid with respect to
the bidding
process or execution of the Contract: [insert complete name of each Recipient, its full address,
the reason
for which each commission or gratuity was paid and the amount and currency of each such
commission or
gratuity]
Name of Recipient
Address
Reason
Amount
________________
_____________
_____________
___________
________________
_____________
_____________
___________
________________
_____________
_____________
___________
(If none has been paid or is to be paid, indicate “none.”)
(h)
(i)
We understand that this bid, together with your written acceptance thereof included in your
notification of
award, shall constitute a binding contract between us, until a formal contract is prepared and
executed.
We understand that you are not bound to accept the lowest evaluated bid or any other bid that
you may
receive.
55
Signed : [insert signature of person whose name and capacity are shown]
In the capacity of [insert legal capacity of person signing the Bid Submission Form]
Name
: [insert complete name of person signing the Bid Submission Form]
Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]
56
PERFORMANCE SECURITY FORM
ANNEXURE-H
MODEL BANK GUARANTEE FORMAT FOR PERFORMANCE SECURITY
To,
…………………………..
WHEREAS ……………………………….
(name and address of the supplier) (hereinafter called “the supplier”) has undertaken, in pursuance of
contract no. ……. dated ………….to supply (description of goods and services) (herein after 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 scheduled commercial bank recognized by you 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), 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 ….. day of ………, 20…………..
(Signature of the authorized officer of the Bank)
………………………………………………………….
Name and designation of the officer
………………………………………………………….
Seal, name & address of the Bank and address of the Branch
Note:
Whenever, the bidder chooses to submit the Performance Security in the form of Bank
Guarantee, then he should advise the banker issuing the Bank Guarantee to immediately send
by Registered Post (A.D.) an unstamped duplicate copy of the Guarantee directly to the
Purchaser with a covering letter to compare with the original BG for the correctness,
genuineness, etc.
57
No.
M/s.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
02
Dated:
____________________________________
____________________________________
____________________________________
Sub:
01.
ANNEXURE-I
Acceptance certificate form
Certificate of commissioning of equipment
This is to certify that the equipment as detailed below has/have been received in good condition
along with all the standard and special accessories (subject to remarks in Para 2). The same has
been installed and commissioned.
Contract No.
Date:
Description of the equipment
Name of the consignee
Scheduled date of delivery of the consignment to the
Laboratory / Institutes
Actual date of receipt of consignment by the Laboratory /
Institutes
Scheduled date for completion of
installation/commissioning
Actual date of completion of installation/commissioning
Penalty for late delivery (at Laboratory / Institutes level)
Rs.
Penalty for late installation (at Laboratory / Institutes level
Rs.
Details of accessories/items not yet supplied and recoveries to be made on that account:
Sr.
No.
03
Description
Amount to be recovered
The acceptance test has been done to our entire satisfaction. The supplier has fulfilled
contractual obligations satisfactorily
OR
The supplier has failed to fulfil his contractual obligations with regard to the following:
Sr.
No.
(a)
(b)
(c)
Failure
his
Amount to be recovered
The amount of recovery on account of failure of the supplier to meet his contractual obligations is as
indicated at para 03.
For Supplier
For Purchaser
Signature
….………………………………
Signature
Name
…………………………………..
Name
Designation
…………………………………..
Designation
………………………
………………………
……………………
Name of the firm …………………………………..
Name of the Laboratory / Institute………
Date ……….……………………………
Date………………………………….
58
ANNEXURE – J
INDEMNITY BOND
No. ----------------------------------
Date:----------------
1) Amalgamation/Acquisition
In the event of M/s. ---------------------------------proposes for amalgamation, acquisition or sale of its business
to any other firm during this contract period, M/s.------------------------- and proposed Buyer/Successor of the
Principal Company are liable to execute, fulfill contractual obligations without any deviations. For this
purpose M/s. --------------------------------/M/s.-------------------------------- and proposed Buyer/Successor of the
Principal Company shall indemnify itself to the Director, National aerospace Laboratories, Bangalore to
fulfill the contractual obligations as per the terms of the NAL Global Tender and quotation of M/s. ------------------------------------No. ---------------------- dated-----------and National Aerospace Laboratories P.O. No.NAL/PUR/-------------dated ----------------. The contractual obligations are supply, installation, commissioning, warranty
maintenance/replacement of spares, accessories etc. as per the above mentioned Purchase Order.
2) Joint Venture, Consortium or Association
If the Supplier is a joint venture, consortium, or association, all the parties shall be jointly and severally
liable to the NAL for the fulfillment of the provisions of the Contract and shall designate one party to act
as a leader with authority to bind the joint venture, consortium, or association. The composition or the
constitution of the joint venture, consortium, or association shall not be altered without the prior
consent of the NAL.
3) Patent Indemnity
The Supplier shall, subject to NAL’s compliance and indemnify and hold NAL and its employees and
officers harmless from and against any and all suits, actions or administrative proceedings, claims,
demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses,
which NAL may suffer as a result of any infringement or alleged infringement of any patent, utility model,
registered design, trademark, copyright, or other intellectual property right registered or otherwise
existing at the date of the Contract by reason of: (a) the installation of the Goods by the Supplier or the
use of the Goods in India; and (b) the sale in any country of the products produced by the Goods.
For M/s. --------------Principal Supplier.
For M/s. -------------------Indian Agent.
59
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