Tender Document

Tender Document
NATIONAL LAW UNIVERSITY, ODISHA, CUTTACK
(Established by Act 4 of 2008)
OFFER DOCUMENTS
For
Purchase of Books for the University’s Library.
(Purchase Enquiry No. NLUO/LIBRARY/2014(4) Dt. 31.07.14)
The Library In-Charge
NATIONAL LAW UNIVERSITY, ODISHA
Kathajodi Campus, Sector - 13, CDA,
Cuttack — 753015, Odisha (India),
Telephone: 0671-2338003
E-Mail: [email protected]
1. Invitation to Offer:
The National Law University, Odisha, Cuttack (hereinafter referred to as ‘NLUO’)
invites offers from reputed publishers or Book Sellers for supply of books for the library
of the University. Complete offer Documents containing the Invitation to Offer,
Instructions to Quotationers, General Terms and conditions, Form of Offer and the List
of Books to be purchased may be downloaded from the University’s Website
www.nluo.ac.in.
The offers addressed to “The Library In-Charge, National Law
University, Odisha, Brajabeharipur, Naraj, Cuttack-753015” shall be sent by E-mail in
the Address: [email protected] so as to be delivered by or before 3.00
P.M. on dt 11.08.14. The hard copy of the offer in sealed envelope addressed as above
must be sent by Speed Post/ Courier on the same date the offer is sent by E-mail.
University shall not be responsible for non-delivery of the E-mail or postal delay/nondelivery for any reason whatsoever. The offers shall be opened at 3.30 P.M. on dt
11.08.14 in presence of the Quotationers who may choose to be present. The
University reserves the right to accept any or reject any/all offer(s) without assigning
any reason therefor. In case of any dispute, the decision of the Vice-Chancellor of
NLUO shall be final and binding on the Quotationers.
Sd/
Library In-Charge
National Law University,
Odisha,Naraj,Cuttack.
INSTRUCTIONS TO QUOTATIONERS.
1.
The “Offer Documents” comprises of the (a) Invitation to Offer, (b)
Instructions to Quotationers, (c) General Terms and conditions, (d) Form of Offer, and
(f) the List of Books. On placement order, the supply shall be governed by the ‘Offer
Documents’ read as a whole.
2. Quotationer to fully understand the stipulations:
The headings of paras herein are not full exposition of the contents thereof.
Quotationer is requested to please go through the Offer Documents completely and
thoroughly and fully and completely understand the scope of the Supply & Services and
the terms and conditions set out in the Offer Documents. No complaint as to the
understanding of anything contained in the Offer Documents by a Quotationer will be
entertained at any point of time under any circumstances.
3. Obtaining the Offer Documents:
The detailed ‘Offer Documents’ may be down loaded from the University’s website
www.nluo.ac.in.
4. The Important Dates & Events:
The above relating to this offer are given in the table below.
The Events
The Date & Time
The last date and time of receipt of
3.00 PM on dt. 11.08.2014
offer
The date & time of opening of the
3.30 PM on dt. 11.08.2014
offers received.
Last date and time of receipt of hard
copy of the offer
Opening of hard copies of the offers
received.
3.00 PM on dt. 16.08.2014
3.30 PM on dt. 16.08.2014
In the event, any of the above dates is declared a holiday for NLUO, the time remaining
the same, the due date will be the following working day.
5. Eligibility to Offer:
A Quotationer must be in the business of supplying books at least for a period of
two years. He (It) must not have been black-listed by any Library or Organisation by the
date of submission of offer.
6. The Scope of Supply:
The Scope of Supply to be executed by the approved Quotationer (s) shall be as
specified in Clause-3 of the ‘Terms and Conditions’ stated herein below.
7. Filling up & completing the Offer Documents for Submission:
(a)
(b)
(c)
(d)
(e)
It ought to be appreciated by a Quotationer that providing correct and
complete information and furnishing the relevant documents in support of
the information furnished are essential.
Each column/sub column of the Form of Offer shall be duly filled in with
correct and complete particulars/information.
No column/sub column shall be left blank. The column/sub column which
does not apply or where no particular/information is furnished shall be
filled in as “Nil”.
There should be no eraser or overwriting or correction in any part of the
hard copy of the “Offer Documents”. Correction, if any, shall be made
clearly and legibly and attested by the Quotationer or his authorised
Representative under seal of the Quotationer.
The hard copy of the “Offer Documents” shall be signed by the Principal
Officer the Company or, as the case may be, by a Partner or Proprietor or
the Authorised Officer or Power of Attorney Holder and his / her full name
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
and status be stated below the signature under official seal.
Each page of the “Offer Documents” shall also invariably be signed and
the seal of the Quotationer affixed on each page.
Signature only in the “Form of Offer” shall be construed as acceptance of
all the stipulations, terms and conditions contained in the “Offer
Documents”.
The two witnesses to the signature of the Quotationer in the “Form of
Offer” shall be other than the Signatory. The full name, address,
status/occupation of the witnesses must be stated with dated signature.
There shall be no rider. No condition altering or varying or modifying or
annulling anything stated in the “Offer Documents” shall be entertained.
Any addition otherwise may, however, be recorded with complete details
in a covering letter. Separate sheets, wherever required, may be attached.
The right to decide on such addition(s) is reserved.
In case of any discrepancy in the quoted rates or any other information
stated in the Offer submitted by E-mail and the hard copy of the “Offer
Documents” that stated in the former shall prevail; in case of any
discrepancy of the rates either in figures or words, the rates in words will
be considered for evaluation.
No part of the “Offer Document” shall be detached and retained by the
Quotationer.
The books intended to be purchased by NLUO are listed in a statement
called “The List of Books to be Purchased” appended to the Form of Offer.
The Serial No. of each book shall be the ‘reference No’. for the respective
book and be referred to accordingly.
NLUO shall not be responsible for delayed submission/receipt of offers for
any reason whatsoever. Delayed offers shall not be considered.
8. Essentials for making an offer:
(a) The rates shall always be for latest publication of the book. The Offer
for the latest edition shall always be the preferred choice. Therefore, a
Quotationer need to ascertain the latest position and offer accordingly.
(b) A Quoationer need quote for books which according to him is in print
or available in the market or can be arranged to be supplied by him
even if out of print so that after the order is placed, no occasion arises
for him to say that the book is out of print and can not be supplied.
(c) If a particular title comes in more than one volume, the number of
volumes must be stated in the offer made.
(d) Prices of Foreign publications (foreign prints) shall be stated in the
currency in which the books are sold by the Publishers. Where a book
is sold in more than one currency, the particular currency in which the
offer is made can not be altered later at any stage, if to the
disadvantage of NLUO.
(e) Foreign Publications (foreign print) will be preferred. However, where
Indian Print of a Foreign Publication is offered, it must be marked as
“(IP)” in the appropriate column. The prices in INR need be stated.
(f) Prices of Indian publications shall be quoted in the INR as usual.
(g) For a foreign publication purchased or to be purchased by the Supplier
from Indian Unit of the foreign publisher of the book, the conversion
rate to INR at which such purchase is made shall apply and the INR
payable for the pre-discount price of the book in the foreign currency
shall be the INR equivalent of the published price of the book; that is to
say that the conversion rate as on the purchase made shall apply to
supply of books to NLUO.
(h) Where a foreign publication imported or intended to be supplied on
import from a foreign publisher outside the country, the conversion rate
to INR at which the purchase is made by the Supplier shall apply and
prices in INR paid/ payable to the Quotationer in INR for the prediscount price of the book in satisfaction of the price in foreign currency
shall be the INR equivalent of the published price of the book.
(i) Pre-discount prices of the books shall be for delivery of the books free
of all expenses to NLUO at its library at Kathajodi Campus, Naraj,
Cuttack. No expenses or charges therefor will be paid extra.
(j) A Quotationer shall quote the maximum rate of discount in percentage
of the pre-discount price of each book, it may choose to offer.
(k) Quotationers are requested to submit their firm and final offers.
9. Submission of Offer:
A Quotationer shall submit his (its) offer ( Form of Offer with Annexure) by
E-mail addressed to “The Library In-Charge, National Law University, Odisha,
Sector-13, CDA, Cuttack-753015” shall be sent by E-mail in the address
[email protected] so as to be delivered by or before 3.00 P.M. on dt
11.08.14. Intimation only to the effect that the offer has been submitted in the above
address may be sent immediately by E-mail in the address: [email protected]
for information.
The hard copy of the complete Offer Documents including Form of Offer with
Annexure in sealed envelope addressed, as above, must be sent by Speed Post/
Courier on the same date, the offer is sent by E-mail. The University shall not be
responsible for non-delivery of the E-mail or postal delay or non-delivery for any reason
whatsoever. The offers received after due date & time shall not be considered.
9.1. Documents to be submitted along with the Offer:
The Form of Tender along with the Annexure duly completed shall be submitted
by E-mail. The hard copy of the offer sent by post shall be accompanied by--(a)
A copy of the certificate of incorporation/ registration with Registrar of
Firms.
(b)
Such document(s) as would evidence the number of years, a
Quotationer has been in business.
(c)
A self-signed statement that the Quotationer has not been black-listed
by any Library or any Educational Institution.
(d)
A copy of PAN card of the Quotationer.
(e)
Any other document, a Quotationer considers necessary and relevant.
10. Period of validity of offers for acceptance:
The offer once submitted shall remain valid for acceptance for a period of 90
(ninety) days from the date of opening of the offer, as stated above. It shall not be open
to a Quotationer to withdraw the offer after submission or vary the rates quoted and/or
the terms and condition of offers during this period for any reason under any
circumstances.
11. Rejection of Offer:
Without prejudice to the right of NLUO to accept any or reject any offer without
assigning any reason therefor as stated in the “Invitation to Offer” herein above and
subject to the stipulations, as stated otherwise elsewhere in the Offer Documents, noncompliance of any of the conditions herein stated may, at the discretion of NLUO,
render an offer liable for rejection.
12. Opening and Consideration of Offers and placement of order:
(a) The offers received by E-mail will be opened and downloaded on the date
of opening of offer commencing from the time specified for the purpose in presence of
authorised Officers. Comparative evaluation of the offers received by the specified date
and time shall be taken up on the basis thereof and later confirmed from the hard copy
opened at the date and time also specified above.
(b) Negotiation on any aspect of the offer will not be made ordinarily. In the
consideration of NLUO, should there be need for negotiation with any Quotationer, it
may be taken up by E-mail. A Quotationer may be required to confirm their position the
same day.
(c) On comparative evaluation, a quotationer shall be chosen on the basis of
lowest offer from amongst the offers found suitabile. NLUO may accept any offer, it
considers best. Order shall be placed by E-mail in the address stated in the offer
documents.
(d) The decision of NLUO in the matter of consideration and
acceptance/rejection of an offer shall be final and binding on all Tenderers. Any
complaint, request, etc. in that regard from a Tenderer will not be entertained.
13. Canvassing strictly Prohibited:
Canvassing in any form whether directly or indirectly, in relation to offer made is
strictly prohibited. The offer of a Quotationer who resorts to canvassing will be liable to
rejection.
14. Clarifications void unless given in writing:
The stipulations contained herein are self explanatory. However, any clarification
obtained by a Quotationer, unless confirmed in writing by the Library In-Charge,
whether by E-mail or otherwise, shall not be binding on NLUO.
15. Correspondence & Reference therefor:
Except as permitted herein, no correspondence, from any person in any matter
relating to this Tender will not be entertained by NLUO. This Invitation to offer bears the
reference No. NLUO/LIBRARY/2014(4) Dt. 31.07.14. This number may please be
referred to in all such correspondences.
16. Finality of decision:
In the event of any dispute in any matter relating to or arising out of acceptance
or rejection of any offer and all matter incidental thereto, the decision of the Vice
Chancellor, NLUO shall be final and binding on all concerned.
TERMS & CONDITIONS:
1.
DEFINITIONS:
Unless the context otherwise requires, the following words and expressions wherever
used in the Offer Documents shall have the meaning assigned to them below.
1.1.
1.2.
1.3.
“NLUO” shall mean the National Law University, Odisha established by
Act 4 of 2008 passed by the Legislature of the State of Odisha.
“Library Committee” shall mean the Committee constituted by the Vice
Chancellor to look into the affairs of the Library.
“Library In-Charge” shall mean the Faculty appointed by the Vice
Chancellor as the Supervising Officer of the Library.
1.4.
1.5.
2.
“Supplier” shall mean an approved Quotationer who is awarded an order
for supply of books.
“Vice Chancellor” shall mean the Vice Chancellor of National Law
University, Odisha, Cuttack.
SCOPE OF SUPPLY:
The Scope of Supply to be executed shall include—
(a) supply of the exact titles, covered under the order for supply,
(b) of latest edition and fine print of the publisher.,
(c) of specific binding,
(d) in brand new condition.
(e) Delivery of the books to the library of NLUO in Kathajodi Campus, Cuttack
solely at Supplier’s cost and risk and free of all expenses to NLUO.
(f) Such other services provided or done by the Supplier, whether herein stipulated
or not, yet are essential for effecting the supply or the delivery as above to the
satisfaction of NLUO.
3.
SUPPLY & DELIVERY PERIOD:
For the purpose of supply of the books against order placed, Supplier shall ensure
that— (i) the right title confirming to the supply order, and (ii) of latest edition (iii) in
brand new condition good for delivery are only selected for supply. Only such books
shall be delivered in brand new condition at the Library of NLUO at Kathajodi Campus,
Naraj, Cuttack as promptly as possible and completed in all respects within the period of
delivery agreed to by the Supplier as stipulated in the order for supply. The mode of
delivery may be as chosen by the Supplier. However, the books may be duly packed so
that no damage or loss of any kind occurs in transit.
As the scope of the supplies include delivery of the books solely at Supplier’s
cost and risk and free of all expenses to NLUO, in case, NLUO is called upon to take
the delivery of parcels from Railways/Roadways/ Couriers, it shall be entirely at the cost
and risk of the Supplier and the expenditure incurred therefor shall be recovered from
the bill of the Supplier.
4.
VERIFICATION & ACCEPTANCE OF BOOKS DELIVERED:
(a) The books delivered shall be received by the designated official of the Library
subject to verification. The books which on verification are found to be of the following
kind shall not be accepted and accounted for against the order for supply.
(1)
(2)
(3)
The titles not confirming to descriptions and stipulations as per the order
of supply.
The books not containing a page(s) or containing cut or torn or damaged
or blank or half printed page(s), etc, etc which is not as good as the
pages of a new book.
Damaged or old copies of books or those not in brand new conditions or
noticed not have been published by the publisher.
(b) The books which are not accepted on verification, as above, shall be taken
back and replaced by the Supplier at its cost and risk within 15 days of intimation in that
regard to the Supplier. In case the University is requested to despatch the unaccepted
books Railways/Roadways/Courier, it shall be entirely at the cost, risk and responsibility
of the Supplier. All expenses incurred for so despatching such books shall be charged
to the Supplier and deducted from his/its bill.
(c) Failure to take back or arrange to take back the unaccepted books within 21
days of intimation in that regard, the Supplier shall forfeit all its claims in relation to such
books.
5. BILLING & PAYMENT:
(a) The Supplier shall bill for the accepted books accordingly as follows.
(i) The books having price thereof printed therein shall be billed at the printed
price or the current catalogue price of the Publisher for the book
whichever is lower.
(ii) The books not having printed price of the book shall be billed at the prediscount price of the book at which the Supplier has purchased the same
or the current catalogue price of the Publisher for the book which is lower.
(iii) The conversion rate into INR for the book priced in foreign currency shall
be the rate at which the book was purchased or paid for by the Supplier on
its purchase by him i.e. the conversion rate on the date of purchase or
payment by the Supplier.
(iv) Net amount payable in INR shall be arrived at after applying the rate of
discount as accepted by NLUO and confirmed to the Supplier in the
supply order placed.
(b) Certificates to the effect that “the book(s) covered under this bill/invoice is/are
the original print of the publishers and are not remaindered titles” shall be recorded in
the bill.
(c) Each bill shall be in Triplicate and each copy appropriately marked as Original
or duplicate or triplicate, as the case may be.
(d) The titles in a Bill should be in the same order as listed in the Supply Order.
Further, each Bill shall clearly state— (i) the supply order No. and date, (ii) the
reference No. of each title (the serial number thereof as in the Annexure enclosed), (iii)
the number of volumes of the title, (iv) number of copies, the price in foreign currency,
(v) the conversion rate into INR, (vi) pre-discount price in INR claimed, (vii) % of
discount deducted, (viii) the net amount in INR claimed, etc in respect of each of the
titles covered under the bill/invoice. Should it not be convenient to state all the
particulars as above in the Bill itself, a statement containing the said particulars with the
bill No. and date stated thereon shall be enclosed to each bill.
(e) Supplies against different supply orders shall not be clubbed together in one
bill.
(f) Each bill must be accompanied by the following documents relating to the
titles covered under the bill.
(i)
(ii)
(iii)
Copy of the purchase invoice(s) in respect of foreign books (foreign print)
whether imported from outside the Country from the Foreign Publishers or
purchased in India from the Indian Unit of such Publishers.
Copy of proof of catalogue price of the book. Web down load may be
furnished.
Copy of proof of conversion rate at which the Supplier has paid for the
book on purchase.
All the documents furnished shall be full and complete copies of their originals and be
certified as “True Copy” under the signature and seal of the Supplier. Document
tampered in any way will not be accepted.
(g) In order to facilitate prompt payment, the Supplier shall ensure that each
bill/invoice furnished by him is correct and complete in all respects and the
accompanying documents are in order. All such bills shall, to the extent of the
books accepted by NLUO, be paid in full within 20 (twenty) days of receipt of
the bill/invoice. Where a bill is not found not to be so, the Supplier shall take
prompt steps to make good the deficiencies or submit revised bills as may be
appropriate to enable early payment.
6. THECONTRACT & CONTRACT DOCUMENTS:
The Offer Documents read with the Order placed on a Supplier for purchase from him or
supply by him of books as per such order shall be the contract governing the terms and
conditions of supply of such books.
7. STATUTORY LIABILITIES & COMPLIANCE THEREOF:
(a)
Compliance of the provisions of all laws relating to supplies under these
terms and conditions shall be the burden and responsibility of the Supplier who shall
comply all of them to the satisfaction of the Statutory Authorities concerned.
(b)
All taxes, levies, cess, etc. payable, if any, shall be to the account of the
Supplier.
(c)
Any liability, monetary or otherwise, on account of non-compliance or
violation of any such Law and all expenses arising out of statutory proceedings, suits or
other legal proceedings for such non-compliance or violation shall be the burden of the
Supplier and to his account.
(d)
The Supplier, under all circumstances, shall at all times indemnify and
keep NLUO indemnified against all kinds of liabilities relating to the supplies effected by
him.
8. RESOLUTION OF DISPUTES AND JURISDICTION OF COURTS:
(a) The Supplier and the Library In-charge shall make every effort to resolve any
dispute or disagreement amicably by discussions/negotiations. In case of any
unresolved issues / disagreements / disputes, the Library Committee may go into the
matter for a decision.
(b) Even after the efforts as in (a) above, any dispute arising out of or in relation
to an order for supply of books either during subsistence there of or thereafter remain
unresolved, the same shall be referred, by either side, for sole arbitration of the Vice
Chancellor, NLUO as per the provisions of the Arbitration and Conciliation Act 1996.
Decision of the Vice Chancellor on the reference shall be final, conclusive and binding
on all concerned.
(d) All disputes in the matter of an order for supply of books or incidental thereto
shall be deemed to have arisen within the city of Cuttack, Odisha and shall be subject to
the jurisdiction of the Courts at Cuttack.
(e) The resultant rights and obligations under a supply order will be adjudged in
accordance with Indian Laws.
9. DEFAULTS:
Observance of the stipulations or terms and conditions set out in the Offer
Documents and/or the supply order will be appreciated and noted by NLUO. Any
deviation or violation or contravention thereof by a Supplier will not be favourably
viewed and shall be taken into consideration in the event of placement of order(s) for
future supplies.
10. AMENDMENTS:
The terms and conditions herein stated are intended for convenience of the Parties to a
supply order to work it out. In the event, any of the terms and conditions are found to
cause working difficulties or causes undue hardship, NLUO reserves the right to amend
the any such term or condition as may be mutually agreed to. No such amendment
unless confirmed in writing and accepted by the Parties to an order for supply shall be
valid.
FORM OF OFFER
From:
Name:
Complete Postal
Address:
To
The Library In-Charge, National Law University, Odisha,
Kathajodi Campus,
Sector - 13, CDA,
Cuttack- 753015.( Odisha)
Sub: Submission of offer in response to Purchase Enquiry No.
NLUO/LIBRARY/2014(4) Dt. 31.07.14 for purchase of books for Library of
NLUO.
Sir,
Having read, examined and clearly understood the contents of the complete
Offer Documents,
1. I/We hereby offer for supply of books as listed in the Annexure to the Offer
Documents on terms and conditions as set out in these Documents.
2. I/We herby agree to keep the Offers open for acceptance for a period of
90(ninety) days from the date of opening of our offer.
3. I/We hereby agree to abide by and fulfil all the terms and conditions and
provisions set out in the Offer Documents.
4. I/We hereby undertake that I/we have been in business of supply of books for a
period of atleast two years and have not been black-listed by any Library or
Educational Institution.
5. I/We hereby declare that the information, particulars, etc furnished by me/us are
true and correct, the copies of documents furnished are true copies of their
originals and that I/We have not suppressed/withheld any material facts,
particulars, information, documents, etc.
Yours faithfully,
NAME & DATED SIGNATURE WITH SEAL OF THE QUOTATIONER
Signature with name and address of Witnesses:
1.
2.
Annexure
LIST OF BOOKS
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