GTC Tender - Doc - Eproc - OT - Revised
GTC Tender - Doc - Eproc - OT - Revised
GTC Tender - Doc - Eproc - OT - Revised
TENDER DOCUMENT
FOR
THE PURCHASE OF
______________________________
(Name of the item)
Tel:
EPABX:
Fax:
Email:
INVITATION FOR ONLINE BIDS / NIT
01. Director, CSIR- CSMCRI, Bhavnagar invites online bids from manufacturers, their
authorized distributors and Indian Agent of Foreign principals, if any, for purchase of items
listed below:
Sl. Tender No. Description of items Quantity Single/ Bid
No. Double Security
bid (EMD)
(in Indian
Rupees)
02. Interested Bidders may obtain further information from the CPPP Portal
(https://etenders.gov.in/eprocure/app). Alternatively, the Tender documents may also be
downloaded from our website https://www.csmcri.org free of cost. However, all the bids are to
be submitted online only on the CPPP Portal (https://etenders.gov.in/eprocure/app).
03. The bids must reach this office on or before ___________ (Date) up to
________hours (IST) and shall be opened on ________________ (Date) at ______ hours.
(IST)
04. A Pre-bid Conference will be held on ____________ (Date) at _______ hours (IST)
in CSIR – CSMCRI, Bhavnagar. All prospective bidders are requested to kindly submit their
queries, if any to the address indicated above so as to reach the Stores & Purchase Officer latest
by _______________ (Date). (retain if applicable)
05. All bids must be accompanied with a bid security as specified above and must be
submitted online only on the CPPP Portal (https://etenders.gov.in/eprocure/app) at the date and
time indicated above. Bids will be opened online on the specified date and time. In the event
of the date specified for opening being declared as a closed holiday for purchaser’s office, the
due date for submission of opening of bids will be the following working day at the appointed
time.
a. The purchaser intends to give purchase preference to local suppliers* in case the
cost of procurement is up to Rs. 50.00 lakhs.
b. The eligibility of the supplier is restricted to Indian Suppliers or there is no
restriction on the eligibility of the suppliers. (retain any one only)
c. The procuring entity intends to give purchase preference to products/goods
manufactured by micro, small and medium enterprises.
*” Local supplier” means a supplier or service provider whose product or service offered for
procurement meets the minimum local content of 50% as prescribed in DIPP Order No. P-
45021/2/2017-PP (BE-II) dated 29th May, 2019 or by the competent Ministries/Departments in
pursuance of this order.
‘Local content’ means the amount of value added in India which shall, unless otherwise
prescribed by the Nodal Ministry, be the total value of the items procured (excluding net
domestic indirect taxes) minus the value of imported content in the item (including all customs
duties) as a proportion of the total value, in percent.
07. The Director, CSIR- CSMCRI, Bhavnagar reserves the right to accept or reject any bids
or accept all tenders either in part or in full or to split the order, or to annul the bidding process
without assigning any reason.
Yours faithfully,
Chapter Content
1 Instructions to Bidders
3 Formats
INSTRUCTIONS TO BIDDERS
Table of Contents
A. Introduction
1.1 Eligible Bidders
1.2 Cost of Bidding
1.3 Code of Integrity for Public Procurement
C. Preparation of Bids
1.7 Language of Bid
1.8 Purchase Preference Policies
1.9 Documents Comprising the Bid
1.10 Bid form and price schedule
1.11 Bid Prices
1.12 Bid Currencies
1.13 Documents Establishing Bidder’s Eligibility and Qualifications
1.14 Documents Establishing Goods’ Eligibility and Conformity to
Bidding Documents
1.15 Bid Security
1.16 Period of Validity of Bids
1.17 Format and Signing of Bid
D. Submission Bids
1.18 Submission of Bids
1.19 Deadline for Submission of Bids
1.20 Late Bids
1.21 Withdrawal, substitution and Modification of Bids
F. Award of Contract
1.34 Negotiations
1.35 Award Criteria
1.36 Option Clause
1.37 Purchaser’s right to vary Quantities at Time of Award
1.38 Purchaser’s right to accept any Bid and to reject any or all
Bids
1.39 Notification of Award
1.40 Signing of Contract
1.41 Order Acceptance
1.42 Performance Security
1.43 Pre-bid Conference
1.44 Integrity Pact (For Tenders where estimated cost is more than Rs. 3 Crores)
A. Introduction
1.1.1 This Invitation for Bids is open to all supplier subject to para 6 of the invitation for bids.
1.1.2 A supplier or bidder shall be considered to be from a country if (i) the entity is
incorporated in that country, or ii) a majority of its shareholding or effective control
of the entity is exercised from that country; or (iii) more that 50% of the value of
the item being supplied has been added in that country. Indian suppliers shall mean
those entities which meet any of these tests with respect to India.
1.1.4 MSEs owned by women shall also be determined as per the above analogy/criteria.
1.1.5 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.
1.1.6 Bids from Joint Ventures, Consortium or Associations so long as they are formed and
registered prior to the bid submission date.
1.1.7 The bidders who have been temporarily suspended or removed from the list of registered
suppliers by the purchaser or banned from Ministry/country wide procurement shall be
ineligible for participation in the bidding process.
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.
1.3.1 The bidders/suppliers should sign a declaration about abiding by the Code of Integrity
for Public Procurement in bid documents. In case of any transgression of this code, the
bidder is not only liable to be removed from the list of registered suppliers, but it would
be liable for other punitive actions such as cancellation of contracts, banning and
blacklisting or action in Competition Commission of India, and so on.
1.3.2 Code of integrity for Public Procurement:
The Purchaser as well as bidders, suppliers, contractors and consultants should observe
the highest standard of ethics and should not indulge in the following prohibited
practices, either directly or indirectly, at any stage during the procurement process or
during execution of resultant contracts:
i) The Purchaser as well as bidders, suppliers, contractors and consultants, are obliged
under Code of Integrity for Public Procurement to sue-moto proactively declare any
conflicts of interest (coming under the definition mentioned above – pre-existing or
as and as soon as these arise at any stage) in any procurement process or execution
of contract. Failure to do so would amount to violation of this code of integrity; and
ii) The bidder must declare, whether asked or not in a bid document, any previous
transgressions of such a code of integrity with any entity in any country during the
last three years or of being debarred by any other Procuring Entity. Failure to do so
would amount to violation of this code of integrity;
iii) To encourage voluntary disclosures, such declarations would not mean automatic
disqualification for the bidder making such declarations. The declared conflict of
interest would be evaluated and mitigation steps, if possible, taken by the purchaser.
Similarly, voluntary reporting of previous transgressions of Code of Integrity
elsewhere may be evaluated and barring cases of various grades of debarment, an
alert watch may be kept on the bidder’s actions in the tender and subsequent
contract.
1.4.1 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 and Critical Date Sheet have been divided into 8 Chapters as
under:
1.4.2 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.
1.5.1 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), latest by the date specified in the critical date sheet. No
request for clarification or query shall normally be entertained after the deadline/pre-
bid conference if any. Should the Purchaser deem it necessary to amend the Tender
Documents as a result of a clarification, it shall do so following the procedure under
Clause relating to amendment of Tender Documents and Clause relating to Deadline
for Submission of Bids.
1.5.2 The queries, clarifications and amendments issued would also be hosted on the website
of the Purchaser for the benefit of the other prospective bidders and also shall be sent
to all bidders who have purchased the tender documents.
1.6.1 At any time prior to the deadline for submission of bids, the Purchaser may, for any
reason whether at its own initiative or in response to a clarification requested by a
prospective bidder, modify the tender documents by Floating Corrigendum in to the
etenders portal (https://etenders.gov.in/eprocure/app) all prospective bidders are
expected to surf the etenders website before submitting their bids to take cognizance of
the amendments.
1.6.2 In order to allow prospective bidders’ reasonable time in which to take the amendment
into account in preparing their bids, the Purchaser, at its discretion, may extend the
deadline for the submission of bids and host the changes on the CPPP and website of
the Purchaser.
C. PREPARATION OF BIDS
The Bidders are requested to kindly go through the Instructions To Bidder also for Online Bid
Submission before Preparation and Submission of Bid. The Document is available on the
etenders Portal at www.etenders.gov.in>Downloads(available on Left Panel)> Instructions To
Bidder for Online Bid Submission
1.7.1 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.
1.7.2 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.
1.8.2 For the above purpose, local supplier means a supplier or service provider whose product
or service offered for procurement meets the minimum local content as prescribed in
DIPP Order No.P-45021/2/2017-PP (BE-II) dated 28th May, 2018 or by the competent
Ministries/Departments in pursuance of this order and local content means the amount
of value added in India which shall, unless otherwise prescribed by the Nodal Ministry,
be the total value of the items procured (excluding net domestic indirect taxes) minus
the value of imported content in the item (including all customs duties) as a proportion
of the total value, in percent.
A. Technical bid
1.10.1 Bidders are requested to note that they should necessarily submit their financial bids in
the format provided and no other format is acceptable. Bidders are required to download
the BoQ file, open it and complete the white coloured (unprotected) cells with their
respective financial quotes and other details (such as name of the bidder). No other cells
should be changed. Once the details have been completed, the bidder should save it and
submit it online, without changing the filename. If the BoQ file is found to be modified
by the bidder, the bid will be rejected.
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.
1.11.1 The Bidder shall indicate on the appropriate price schedule form (provided as BoQ with
the Tender), the unit 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:
(ii) GST and other taxes, if any which will be payable on the goods if the contract
is awarded.
(iii) 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.
(iv) Wherever applicable, the cost towards the installation, commissioning, spares,
extended warranty, AMC/CMC, site preparation and training including any
incidental services, if any.
(v) The Excel Sheet will automatically calculate the Total Bid Price. The bidders
are advised to check for this Final bid price before submission as the Bid is to
be evaluated on this price only.
(i) 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.
(ii) The charges for insurance and transportation of the goods to the port / place of
destination.
(iii) The agency commission charges, if any.
(iv) Wherever applicable, the cost towards the installation, commissioning, spares,
extended warranty, AMC/CMC, site preparation and training including any
incidental services, if any.
(v) The Excel Sheet will automatically calculate the Total Bid Price. The bidders are
advised to check for this Final bid price before submission as this will be used to
calculate the final Landing Cost.
1.11.3 The terms FOB, FCA, CIF, CIP etc. shall be governed by the rules prescribed in the
current edition of the Incoterms published by the International Chambers of Commerce,
Paris.
1.11.5 The price quoted shall remain fixed during the contract period and shall not vary on
any account
1.11.6 All lots and items must be listed and priced separately in the BOQ. Bidders should
note that BoQ will not allow to quote zero (NIL) value as unit Rate (i.e. under column
M) for any item listed in the BoQ unless the BoQ is Item-wise.
1.11.7 The Purchaser is registered with Dept. of Scientific & Industrial Research, Govt. of India
and concessional customs duty and GST & IGST are leviable vide notification no.
54/2002-Customs on all imports covered under notification No.51/96-Customs dated
23.07.1996, Notification No.47/2017-Integrated Tax (Rate) and Notification
No.45/2017-Central Tax (Rate) both dated 14th November, 2017 and similar State Tax
(Rate) notifications.
Note: All payments due under the contract shall be paid after deduction of statutory
levies at source (like TDS etc.), wherever applicable.
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 i.e. domestic tenderers are to quote and accept their payment in Indian
currency; Indian agents of foreign suppliers are to receive their agency commission in
Indian currency; cost of imported goods & services rendered in India, which are directly
imported against the contract, may be quoted in foreign currency (currencies).
1.13.1 The bidder shall furnish, as part of its bid, documents establishing the bidders’ 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) The bidder meets the qualification criteria listed in bidding documents if any.
(b) Bidder who doesn’t manufacture the goods it offers to supply shall submit
Manufacturers’ Authorization Form (MAF) 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.
(c) 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.
1.14.1 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:
1.13.3 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.
1.14.1 The Bidder shall furnish, as part of its bid, a bid security (BS) for an amount as specified
in the Invitation for Bids. In the case of foreign bidders, the BS shall be submitted either
by the principal or by the Indian agent and in the case of indigenous bidders; the BS
shall be submitted by the manufacturer or their specifically authorized dealer/bidder.
1.14.2 The bid security is required to protect the Purchaser against the risk of Bidder's conduct,
which would warrant the security's forfeiture.
1.14.3 The bid security shall be in Indian Rupees. The bid security shall be in one of the
following forms at the bidders’ option:
a. A bank guarantee issued/confirmed by a Scheduled Commercial Bank 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 Scheduled commercial bank in
India; or
b. Fixed Deposit receipt pledged in favour of the Lab. /Institute.
c. Through RTGS/NEFT;
d. Bid Securing Declaration
e. EMD shall be submitted in the electronic format online (by scanning) while
uploading the bid. This submission shall mean that EMD is received
electronically. However, BG should reach in original to the designated officer
through post or by hand so as to reach by the time of tender opening. In case
of exemption of EMD, the scanned copy of the document in support of
exemption will have to be uploaded by the bidder during bid submission
1.14.4 The bid security shall be payable promptly upon written demand by the purchaser in
case the conditions listed in the ITB clause 1.16.9 are invoked.
1.14.5 The bid security should be submitted in its original form. Copies shall not be accepted.
1.14.6 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.
1.14.7 The successful Bidder's bid security will be discharged upon the Bidder furnishing the
performance security, without any interest.
1.14.8 Bidders that are currently registered with the purchaser or registered as MSEs will
continue to remain registered during the tender validity period also and are exempted
from payment of EMD. In case the tenderer falls in these categories, the bidder should
furnish a certified copy of its valid registration details. Except for MSEs, this exemption
is valid for the trade group and monetary value of registration only. The MSEs are
provided tender document free of cost and are exempted from the payment of Bid Security
provided the goods are produced and the services are rendered by them and not for any
trading activities undertaken by them. Further firms who are having Udyog Aadhar
Memorandum are entitled to all benefits available for MSEs under the Public Procurement
Policies for MSEs and can get registered with any of the following agencies:
1.14.9 Where any aggregator has been appointed by the Ministry of MSME, themselves quote
on behalf of some MSE units, such offers will be considered as offer from MSE units
and all such facilities would be extended to these aggregators also.
(b) In case of a successful Bidder, if the Bidder fails to furnish order acceptance
within 14 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.
1.14.11 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.
1.15.1 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.
1.15.2 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 (by post, fax or e-mail). The bid security provided shall also be suitably
extended failing which the bid would be summarily ignored. A Bidder may refuse the
request without forfeiting its bid security. A Bidder granting the request will not be
required nor permitted to modify its bid.
1.15.3 Bid evaluation will be based on the bid prices without taking into consideration the
above corrections.
1.16.1 The bids may be submitted online in single cover or two cover as specified in the
Invitation for Bids.
1.16.2 In case the bids are invited on single cover basis, both Technical and Financial bids is
submitted in one cover online on etenders portal.
1.16.3 In case the bids are invited on two cover basis, 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
schedules. The other part shall contain the priced-bid comprising bid form and price
schedules.
1.17.2 In the case of bids invited on single cover basis, both technical and financial document
are submitted online in one cover online.
1.17.3 In the case of bids invited on two cover basis, Technical document is submitted in one
cover and financial document is submitted in second cover online.
1.19.1 Bidder can modify the bids any number of time online between bids submitted start
date up to bid submitted end date.
1.19.2 Bids can be withdraw online at any time between bids submitted start date up to bid
submitted end date with proper justification
1.20.1 The Purchaser will open all bids Online as per the schedule given in invitation for bids.
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 on the next working day. In
two-part bidding, the financial bid shall be opened only after technical evaluation.
1.20.2 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
schedules would however be announced only at the time of opening of Priced-bids in
the case of two-bid system.
1.21 Confidentiality
1.21.1 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.
1.21.2 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.
1.22.1 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.
(a) Bid Form and Price Schedule, in accordance with ITB Clause 1.10;
(b) 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 unresponsive and ignored. The
following are some of the important points, for which a tender may be declared as
unresponsive and to be ignored, during the initial scrutiny:
1.24.1 A Bidder shall have the right to be heard in case he feels that a proper procurement
process is not being followed and/or his tender has been rejected wrongly. Only a
directly affected bidder can represent in this regard as under:
i) Only a bidder who has participated in the concerned procurement process i.e.
pre- qualification, bidder registration or bidding, as the case may be, can make
such representation;
ii) In case pre-qualification bid has been evaluated before the bidding of Technical
bids, an application for review in relation to the technical bid may be filed only
by a bidder who has qualified in pre-qualification bid;
iii) In case technical bid has been evaluated before the opening of the financial bid,
an application for review in relation to the financial bid may be filed only by a
bidder whose technical bid is found to be acceptable.
1.24.2 In case a Bidder feels aggrieved by the decision of the purchaser, he may then send
his representation in writing to the Purchaser’s address as indicated in special
conditions of contract (SCC) within 05 working days from the date of communication
of the purchaser intimating the rejection for reconsideration of the decision by the
purchaser.
1.25.1 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 condition of the
bidding documents without material deviations, reservations or omissions. A material
deviation, reservation or omission is one that:
(a) Affects in any substantial way the scope, quality, or performance of the Goods
and Related Services specified in the Contract; or
(b) Limits in any substantial way, inconsistent with the Bidding Documents, the
Purchaser’s rights or the Bidder’s obligations under the Contract; or
(c) If rectified, would unfairly affect the competitive position of other bidders
presenting substantially responsive bids.
1.25.3 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.
1.25.4 If a bidder quotes Nil Charges/consideration, the bid shall be treated as unresponsive
and will not be considered.
1.26.1 Provided that a Bid is substantially responsive, the Purchaser may waive any
nonconformities or omissions in the Bid that do not constitute a material deviation.
1.26.2 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 nonmaterial 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.
1.26.3 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;
(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.
1.26.4 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.
1.27.1 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.
1.27.2 The Purchaser shall evaluate the technical aspects of the Bid submitted in accordance
with ITB Clause 1.15, to confirm that all requirements specified in Schedule of
Requirements of the Bidding Documents have been met without any material deviation
or reservation.
1.27.3 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 1.28, it shall reject the Bid.
1.28.1 To facilitate evaluation and comparison, the Purchaser will convert all quoted prices
expressed in various currencies 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 (Financial bid in the case of two cover system). 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.
1.29.1 The Purchaser shall evaluate each bid that has been determined, up to this stage of the
evaluation, to be substantially responsive.
1.29.2 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.
1.29.3 Purchase preference shall be given to all local suppliers in all procurements undertaken
by the purchaser in the following manner:
(a) Where the purchaser has restricted the eligibility of suppliers to Indian suppliers
only, as per para 06 of the invitation to bid/NIT. This is applicable only for those
items for which the Nodal Ministry has communicated that there is sufficient local
capacity and local competition for the cost of procurement up to Rs. 50.00 lakhs.
(b) If the tendered items are not listed by the Nodal Ministry indicating the local
capacity and local competition, the following procedure of evaluation shall be
followed, irrespective of value:
(i) Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a
local supplier, the contract for full quantity will be awarded to L1.
(ii) If L1 bid is not from a local supplier, 50% of the order quantity shall be awarded
to L1. Thereafter, the lowest bidder among the local suppliers, will be invited to
match the L1 price for the remaining 50% quantity, subject to the local supplier 's
quoted price which should fall within the margin of purchase preference of 20%.
The contract for that quantity shall be awarded to such local supplier, who matches
the L1 price. In case such lowest eligible local supplier fails to match the L1 price
or accepts less than the offered quantity, the next higher local supplier within the
margin of purchase preference shall be invited to match the L1 price for the
remaining quantity and so on. The contract shall be awarded accordingly. In case
some quantity is still left uncovered on the part of local suppliers, the balance
quantity may also be ordered to the L1 bidder.
(c) If the tendered item is not divisible, the following procedure of evaluation shall
be followed:
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local
supplier, the contract will be awarded to L1.
ii. If L1 is not from a local supplier, the lowest bidder among the local suppliers will
be invited to match the L1 price, subject to local supplier's quoted price falling
within the margin of purchase preference of 20%. Accordingly, the contract shall
be awarded to the local supplier matching the L1 price.
iii. In case such lowest eligible local supplier fails to match the L1 price, the local
supplier with the next higher bid within the margin of purchase preference shall be
invited to match the L1 price. This may be repeated until all the local suppliers are
given an opportunity to match the L1 price. The contract shall be awarded
accordingly. In case none of the local suppliers within the margin of purchase
preference match the L1 price, the contract may be awarded to the L1 bidder.
1.29.4 Further, In tender, where the items are divisible, the participating Micro and Small
Enterprises (MSE) quoting price within price band of L1+15 (fifteen) per cent shall
also be allowed to supply a portion of requirement by bringing down their price to
L1 price in a situation where L1 price is from someone other than a MSE and such
MSE shall be allowed to supply up to 25 (twenty five) per cent of total tendered
value. The 25 (twenty five) per cent quantity is to be distributed proportionately
among these bidders, in case there are more than one MSMEs within such price
band.
1.29.5 Within this 25% (Twenty five Percent) quantity, a purchase preference of 25
(twenty five) per cent out of 25 (twenty five) per cent) is reserved for MSEs owned
by Scheduled Caste (SC)/Scheduled Tribe (ST) entrepreneurs (if they participate
in the tender process and match the L1 price). Further, out of the total annual
procurement from the MSEs, (3%) three percent from within the 25% target shall
be earmarked for procurement from MSEs owned by women. Provided that, in
the event of failure of such SC/ST MSE to participate in tender process or meet
tender requirements and L1 price, four per cent sub-target shall be met from other
MSE.
1.29.6 In case the items are not divisible, then the MSE quoting price within price band
L1 + 15% may be awarded for full/complete supply of total tendered quantity to
MSE, considering the spirit of the policy for enhancing the Government
procurement from MSEs.
1.29.7 The bids shall be evaluated on the basis of final landing cost which shall be arrived as
under:
(i) The price of the goods quoted ex-works including all taxes already paid.
(ii) GST and other taxes, if any which will be payable on the goods if the contract
is awarded.
(iii) Charges for inland transportation, insurance and other local services required
for delivering the goods at the desired destination.
(iv) Wherever applicable, the cost towards the installation, commissioning, spares,
extended warranty, AMC/CMC, site preparation and training including any
incidental services, if any.
For goods manufactured abroad
(i) The price of the goods, quoted on FCA (named place of delivery abroad) or
FOB (named port of shipment), as specified in the bidding document.
(ii) The charges for insurance and transportation of the goods to the port/place of
destination.
(iv) Wherever applicable, the cost towards the installation, commissioning, spares,
extended warranty, AMC/CMC, site preparation and training including any
incidental services, if any.
1.29.8 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.
The bidder should give a clear cut breakup of EXW, FOB/FCA, CIF/CIP prices to
facilitate proper comparison with the purchaser reserving the right to order on either
basis, failing which the bid would be summarily ignored.
Note: Where there is no mention of packing, forwarding, freight, insurance charges,
taxes etc. such offers shall be rejected as incomplete.
1.29.9 Orders for imported stores need not necessarily be on FOB/FCA basis rather it an be
on the basis of any of the incoterm specified in ICC Incoterms 2010 as may be amended
from time to time by the ICC or any other designated authority and favourable to the
purchaser.
1.29.10Wherever the price quoted on FOB/FCA and CIF/CIP basis are the same, the Contract
would be made on CIF / CIP basis only.
1.29.11The GCC and the SCC shall specify the mode of transport i.e., whether by
air/ocean/road/rail.
1.29.12 There is no provision to purchase optional items. The specifications embodied in the
tender documents would be the basis of evaluating the responsiveness of bids received.
1.29.13The Purchaser shall compare all substantially responsive bids to determine the lowest
valuated bid, in accordance with ITB Clause 1.32.
1.30.1 Subject to ITB Clause 1.25, 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.
1.30.2 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.
1.31.1 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 1.14.
1.31.2 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.
1.31.3 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.
F. AWARD OF CONTRACT
1.32 Negotiations
1.32.1 Normally, there shall not be any negotiation. 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.
1.33.1 Subject to ITB Clause 1.39, 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.
1.34.1 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
to the extent of 25% without any change in unit price or other terms and conditions.
1.35.1 The Purchaser reserves the right to increase or decrease the quantity of the required
goods up to 25% (Twenty-Five) per cent at any time, till final delivery date (or the
extended delivery date of the contract), by giving reasonable notice even though the
quantity ordered initially has been supplied in full before the last date of the delivery
period (or the extended delivery period)
1.36 Purchaser's right to accept Any Bid and to reject any or All Bids
1.36.1 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.
1.37.1 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 1.43, the Purchaser will promptly notify each
unsuccessful Bidder and will discharge its bid security.
1.39.1 Promptly after notification, the Purchaser shall send the successful Bidder the
Agreement/Purchase Order.
1.39.2 Within twenty-one (21) days of date of the Purchase Order, the successful Bidder shall
sign, date, and return it to the Purchaser.
1.40.1 The successful bidder should submit Order acceptance within 14 days from the date of
issue of order/signing of contract, failing which it shall be presumed that the vendor is
not interested and his bid security is liable to be forfeited pursuant to clause 1.16.9 of
ITB.
1.40.2 The order confirmation must be received within 14 days. However, the Purchaser has
the powers to extend the time frame for submission of order confirmation beyond the
original date. Even after extension of time, if the order confirmation is not received, the
contract is liable to be cancelled provided that the purchaser, on being satisfied that it
is not a case of cartelization and the integrity of the procurement process has been
maintained, may, for cogent reasons, offer the next successful bidder an opportunity to
match the financial bid of the first successful bidder, and if the offer is accepted, award
the contract to the next successful bidder at the price bid of the first successful bidder.
1.41.1 Within 21 days of receipt of the notification of award/PO, the Supplier shall furnish
performance security (PS) in the amount specified in SCC, valid till 60 days after the
warranty period.
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 or in equivalent Indian
rupees in case the performance security is submitted by the Indian Agent.
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.
(b) A Banker’s cheque or Account Payee demand draft in favour of the purchaser.
Or,
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 The performance security must be received within 21 days. However, the Purchaser has
the powers to extend the time frame for submission of Performance Security (PS). Even
after extension of time, if the PS is not received, the contract is liable to be cancelled
provided that the purchaser, on being satisfied that it is not a case of cartelization and
the integrity of the procurement process has been maintained, may, for cogent reasons,
offer the next successful bidder an opportunity to match the financial bid of the first
successful bidder, and if the offer is accepted, award the contract to the next successful
bidder at the price bid of the first successful bidder.
1.41.9Whenever, 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.
1.43.1 Integrity Pact binds both buyers and sellers to ethical conduct and transparency in
all activities from pre-selection of bidders, bidding and contracting, implementation,
completion and operation related to the contract.
1.43.2 The Integrity pact essentially envisages an agreement between the prospective
vendors/bidders and the buyer, committing the persons/officials of both sides, not to
resort to any corrupt practices in any aspect/stage of the contract. Only those
vendors/bidders, who commit themselves to such a Pact with the buyer, would be
considered competent to participate in the bidding process. In other words, entering into
this Pact would be a preliminary qualification. The essential ingredients of the Pact
include:
i) Promise on the part of the Purchaser to treat all bidders with equity and reason
and not to seek or accept any benefit, which is not legally available;
ii) Promise on the part of bidders not to offer any benefit to the employees of the
Purchaser not available legally and also not to commit any offence under
Prevention of Corruption Act, 1988 or Indian Penal Code 1860;
iii) Promise on the part of bidders not to enter into any undisclosed agreement or
understanding with other bidders with respect to prices, specifications,
certifications, subsidiary contracts; etc.
iv) Undertaking (as part of Fall Clause) by the bidders that they have not and will
not sell the same material/equipment at prices lower than the bid price;
iv) Foreign bidders to disclose the name and address of agents and representatives
in India and Indian Bidders to disclose their foreign principals or associates;
vi) Bidders to disclose any past transgressions committed over the specified period
with any other company in India or Abroad that may impinge on the anti-
corruption principle;
vii) Integrity Pact lays down the punitive actions for any violation.
1.43.3 Each page of such Integrity pact proforma would be duly signed by Purchaser’s
competent signatory. All pages of the Integrity Pact are to be returned by the bidder
(along with the technical bid) duly signed by the same signatory who signed the bid,
i.e. who is duly authorized to sign the bid and to make binding commitments on behalf
of his company. Any bid not accompanied by Integrity Pact duly signed by the bidder
shall be considered to be a non-responsive bid and shall be rejected straightway.
1.43.4 The SCC shall specify whether there is a need to enter into a separate Integrity pact or
not.
1.43.5 The Integrity Pact would be effective from the date of invitation of bids till complete
execution of the contract.
1.43.6 The names and contact details of the Independent External Monitors (IEM) on the event
of the need of IP is as detailed in the SCC.
Table of Contents
Sl. No. Clause
2.1 Definitions
2.2 Contract Documents
2.3 Code of Integrity
2.4 Joint Venture, Consortium or Association
2.5 Scope of Supply
2.6 Suppliers’ Responsibilities
2.7 Contract price
2.8 Copy Right
2.9 Application
2.10 Standards
2.11 Use of Contract Documents and Information
2.12 Patent Indemnity
2.13 Performance Security
2.14 Inspections and Tests
2.15 Packing
2.16 Delivery and Documents
2.17 Insurance
2.18 Transportation
2.19 Incidental Services
2.20 Spare Parts
2.21 Warranty
2.22 Terms of Payment
2.23 Change Orders and Contract Amendments
2.24 Assignment
2.25 Subcontracts
2.26 Extension of time
2.27 Liquidated Damages Clause
2.28 Termination for Default
2.29 Force Majeure
2.30 Termination for insolvency
2.31 Termination for Convenience
2.32 Settlement of Disputes
2.33 Governing Language
2.34 Applicable Law
2.35 Notice
2.36 Taxes and Duties
2.37 Right to use Defective Goods
2.38 Protection against Damage
2.39 Site preparation and installation
2.40 Import and Export Licenses
2.41 Risk Purchase Clause
2.42 Option Clause
2.43 Integrity Pact
2.44 Order Acceptance
GENERAL CONDITIONS OF CONTRACT (GCC)
2.1 Definitions
2.1.1 The following words and expressions shall have the meanings hereby assigned to
them:
(a) “Contract” means 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.
(b) “Contract Documents” means the documents listed in the Contract Agreement,
including any amendments thereto.
(c) “Contract Price” means 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.
(e) “Completion” means the fulfilment of the Goods and related Services by the
Supplier in accordance with the terms and conditions set forth in the Contract.
(g) “Goods” means 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.
(h) “Related Services” means 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.
(l) The “Council” means the Council of Scientific & Industrial Research (CSIR),
registered under the Societies Registration Act, 1860 of the Govt. of India having its
registered office at 2, Rafi Marg, New Delhi-110001, India.
(n) “The final destination,” where applicable, means 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.
2.3.1 Without prejudice to and in addition to the rights of the Purchaser to other penal provisions
as per the bid documents or contract, if the P ur cha ser comes to a conclusion that a
(prospective) bidder/supplier, directly or through an agent, has violated this code of
integrity in competing for the contract or in executing a contract, the Purchaser may take
appropriate measures including one or more of the following:
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.
2.5.1 The Goods and Related Services to be supplied shall be as specified in Chapter 4 i.e.
Specifications and allied technical details.
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.
2.7.1 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.
2.8.1
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
2.9.1 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, 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.
2.11.1 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.
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.
2.12.1 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) 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.
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 claim.
2.13.1 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.
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 or in equivalent Indian
Rupees in case the Performance Security is submitted by the Indian Agent.
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.
2.13.7 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 must be received within 14 days. 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
confirmation /PS are not received, the contract shall be cancelled provided that the
purchaser, on being satisfied that it is not a case of cartelization and the integrity of the
procurement process has been maintained, may, for cogent reasons, offer the next
successful bidder an opportunity to match the financial bid of the first successful bidder,
and if the offer is accepted, award the contract to the next successful bidder at the price
bid of the first successful bidder.
2.13.9 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.
2.14.1 The inspections & test, training required would be as detailed in Chapter-4 of the
Bidding Document relating to Specification and Allied Technical details.
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.
2.16.1 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.
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, Paris.
2.16.3 The mode of transportation shall be as specified in SCC. In case the purchaser elects
to have the transportation done through Air, then air lifting needs to be done through
Air India only. In case Air India does not operate in the Airport of despatch, then the
bidder is free to engage the services of any other Airlines.
2.17 Insurance
2.17.1Should the purchaser elect to buy on CIF/CIP basis, the Goods supplied under the
Contract shall be fully insured 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 or CIP basis the
supplier shall arrange and pay for Cargo 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, insurance would be the responsibility of the
purchaser.
2.17.4 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 into 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.
2.19.1 The supplier may be required to provide any or all of the services, including
training, if any, specified in chapter 4.
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:
(a) 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
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 Twelve (12)
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 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.
2.21.5 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.
2.21.6 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.
2.21.7 Goods requiring warranty replacements must be replaced on free of cost basis to the
purchaser.
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. While claiming the
payment, the supplier should certify in the bill/invoice that the payment being claimed
strictly in terms of the contract and all obligations on the part of the supplier for
claiming the payment have been fulfilled as required under the contract.
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:
2.23.2 No changes in the price quoted shall be permitted after the purchase order has been
issued except on account of statutory variations.
2.23.3 No variation or modification in the terms of the contract shall be made except by written
amendment signed by the parties.
2.24 Assignment
2.24.1 The Supplier shall not assign, in whole or in part, its obligations to perform under the
Contract, except with the Purchaser's prior written consent.
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.
2.26.1 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 liquidated damages, in
which case the extension shall be ratified by the parties by amendment of the Contract.
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 liquidated damages pursuant to liquidated damages Clause of the GCC
unless an extension of time is agreed upon pursuant to above clause without the
application of 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 in case the delivered price of the delayed goods or unperformed
services cannot be ascertained from the contract, 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.
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) 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
(b) If the Supplier fails to perform any other obligation(s) under the Contract.
(c) If the Supplier, in the judgment of the Purchaser has engaged in corrupt or
fraudulent or collusive or coercive practices etc as defined in GCC Clause and
ITB clause on code of integrity in competing for or in executing the Contract.
2.28.2 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:
(b) 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.
(c) However, the supplier shall continue to perform the contract to the extent not
terminated.
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.
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.
2.31.1 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) To have any portion completed and delivered at the Contract terms and prices;
and/or
(b) To cancel the remainder and pay to the Supplier an agreed amount for partially
completed Goods and for materials and parts previously procured by the
Supplier.
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.
(b) 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.
(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.
2.33.1 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.
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 IT, etc.) wherever applicable.
2.36.5 Customs Duty – If the supply is from abroad this Institute is permitted to import goods
as per notification No.51/96 – Customs and pay a concessional duty up to 5% as per
notification 24/2002 – Customs on all imports.
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 rectifications of defects,
errors or omissions by repair or by partial or complete replacement is made without
interfering with the Purchaser’s operation.
2.38.1 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/ 415 V 3 phase (+_ 10%)
(b) Frequency 50 Hz.
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. Unless otherwise specified anywhere else in this Tender Document, the
Supplier has to complete the Installation/Commissioning within one (1) months from
the date of arrival of the equipment in the Institute.
2.40.2 If the ordered equipment is subject to Vendor procuring an export license from the
designated government agency / country from where the goods are shipped / sold, the
vendor has to mention the name, address of the government agency / authority. The
vendor must also mention the time period within which the license will be granted in
normal course.
2.41.1If the supplier fails to deliver the goods within the maximum delivery period specified
in the contract or Purchase Order, the purchaser may procure, upon such terms and in
such a manner as it deems appropriate, Goods or Services similar to those undelivered
and the Supplier shall be liable to the purchaser for any excess costs incurred for such
similar goods or services.
2.42.1 The Purchaser reserves the right to increase or decrease the quantity of the required
goods up to 25% (Twenty-Five) per cent at any time, till final delivery date (or the
extended delivery date of the contract), by giving reasonable notice even though the
quantity ordered initially has been supplied in full before the last date of the delivery
period (or the extended delivery period)
2.43.1 The SCC shall specify whether there is a need to enter into a separate Integrity pact or
not.
2.43.2 The names and contact details of the Independent External Monitors (IEM) on the event
of the need of IP is as detailed in the SCC.
2.44.1The successful bidder should submit Order acceptance within 14 days from the date of
issue of order/signing of contract, failing which it shall be presumed that the vendor is
not interested and his bid security is liable to be forfeited pursuant to clause 1.16.9 of
ITB.
B SPECIAL CONDITIONS OF CONTRACT
Table of Contents
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.
(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.
(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.
5 GCC 2.16.1 Details of Shipping and other Documents to be furnished by the
Supplier are :
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/Email.
(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;
and
(h) Any other document(s) as and when required in terms of the
contract.
Note:
01. The nomenclature used for the item description in the
invoices(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).
02. 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.
Note:
01. The nomenclature used for the item description in the
Invoices (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).
6 GCC 2.16.3 In case of supplies from within India, the mode of transportation
shall be by Air/Rail/Road. (retain one only)
In case of supplies from abroad, the mode of transportation shall be
by Air/Ocean. (retain one only)
7 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.
8 GCC 2.21.3 The period of validity of the Warranty shall be ______( ) months
from the date of acceptance.
9 GCC2.22.1 The method and conditions of payment to be made to the Supplier
under this Contract shall be as follows:
Payment for Goods supplied from abroad:
Payment of foreign currency portion shall be made in currency of
the Contract in the following manner:
(a) On Shipment: _____ 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.
Schedule of Requirements
(Notes for internal use only)
3.1 The Schedule of Requirements shall be included in the bidding documents by the
Purchaser, and shall cover, at a minimum, a description of the goods and services to be
supplied.
Term of delivery: FOB / FCA / CIF / CIP ___________________________________ (named port of shipment or named place of delivery)
(retain only one)
Period of delivery shall count from : ____________________________________
(to be filled by the bidder)
Scope of Supply : ____________________________________
Training requirement: ____________________________________
(1) The delivery schedule shall clearly indicate the time period within which the successful bidder must deliver the consignment in full from the
date of establishment of LC or from the date of contract or from the date of advance payment etc. It should also indicate separately the time
period desired for installation and commissioning of the equipment after arrival of the consignment at the premises of the Purchaser.
(2) The date or period for delivery should be carefully specified, taking into account
(a) The implications of delivery terms stipulated in the Instructions to Bidders pursuant to the Incoterms rules (i.e., EXW, or CIF, CIP, FOB, FCA
terms—that “delivery” takes place when goods are delivered to the carriers), and
(b) The date prescribed herein from which the delivery obligations start (i.e., notice of award, contract signature, opening or confirmation of the
letter of credit, date of releasing advance payment etc.).
Chapter 4
The Indentor should ensure that specifications are developed to ensure VfM, level
playing field and wide competition in procurement (Rule 173 (ix) of GFR 2017). The
Technical Specifications (TS) constitute the benchmarks against which the Purchaser will
verify the technical responsiveness of bids and, subsequently, evaluate the bids. Therefore,
well-defined TS will facilitate the preparation of responsive bids by bidders as well as
examination, evaluation and comparison of the bids by the Purchaser. It would also help in
ensuring the quality of the supplied goods. The Indentor should ensure that the specification
should:
i) Provides a level playing field and ensures the widest competition; Further, the
specifications should not be too restrictive as the aim should be to attract
reasonable number of competitive Tenderers.
iii) Set out the required technical, qualitative and performance characteristics to
meet just the bare essential needs of the Indentor without including
superfluous and non- essential features, which may result in unwarranted
expenditure;
iv) Normally be based on standards set by the Bureau of Indian Standards (BIS),
wherever such standards exist. Preference should be given to procure the
goods which carry the BIS mark. In the absence of BIS standards, TS may be
based on the relevant International standards. Provided that an Indentor may,
for reasons to be recorded in writing, base the TS on equivalent international
standards even in cases where BIS standards exist. For any deviations from
Indian standards or for any additional parameters for better performance,
specific reasons for deviations/modifications should be duly recorded with the
approval of the CA. Where the technical parameters are only marginally
different, Indian standards may be specified and the Departmental
specifications could cover only such additional details as packing, marking,
inspection, and so on, as are specially required to be complied for a particular
end use;
vii) Make use of best practices examples of specifications from successful similar
procurements in the other organisations or sector may provide a sound basis
for drafting the TS;
viii) Commensurate with VfM, avoid procurement of obsolete goods and require
that all goods and materials be new, unused and of the most recent or current
models and that they incorporate all recent improvements in design and
materials, unless provided for otherwise in the bidding documents;
iii) Drawings;
iv) Requirement of the BIS mark, where applicable, mentioning all parameters
where such a specification provides options;
viii) Requirements of special tests or type test certificate or type approval for
compliance of statutory requirements with reference to pollution, emission,
noise, if any;
ix) Other additional work and/or related services required to achieve full delivery/
completion, installation, commissioning, training, technical support, after-
sales service and Annual Maintenance Contract (AMC) requirements, if any;
x) Warranty requirements;
xii) Any other aspects peculiar to the goods in question such as shelf life
of the equipment, and so on
Chapter 4
4.4.1 General
1. The Supplier shall at its own expense and at no cost to the Purchaser carry out all such
tests and/or inspections of the Goods and Related Services as are specified here.
2. 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.
3. 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 Purchaser. The Supplier
shall obtain from any relevant third party or manufacturer any necessary permission or
consent to enable the Purchaser or its designated representative to attend the test and/or
inspection.
4. Should any inspected or tested Goods fail to conform to the specifications, the Purchaser
may reject the goods and the Supplier shall either replace the rejected Goods or make
alterations necessary to meet specification requirements free of cost to the Purchaser.
5. The Purchaser'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 the Purchaser or its
representative prior to the Goods shipment.
6. The Supplier shall provide the Purchaser with a report of the results of any such test and/or
inspection.
7. With a view to ensure that claims on insurance companies, if any, are lodged in time,
the bidders and /or the Indian agent, if any, 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 customs 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.
8. Before the goods and equipment are taken over by the Purchaser, the Supplier shall
supply operation and maintenance Manuals together with Drawings of the goods and
equipment 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.
9. The Manuals and Drawings shall be in the ruling language (English) and in such form
and numbers as stated in the Contract.
10. 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 Purchaser.
11. On successful completion of acceptability test, receipt of deliverables, etc. and after the
Purchaser is satisfied with the working of the equipment, the acceptance certificate
signed by the Supplier and the representative of the Purchaser will be issued. The date
on which such certificate is signed shall be deemed to be the date of successful
commissioning of the equipment.
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 submitted along with the
delivery documents. The purchaser reserves the options to be present at the supplier’s
premises during such inspection and testing.
4.4.3 Pre Dispatch Inspection (delete if not applicable) or elaborate. (Provision of para
2.2.2 (07) of the CSIR Manual on Procurement of Goods 2018 needs to be considered
while framing this clause.)
The acceptance test will be conducted by the Purchaser, their consultant or other such
person nominated by the Purchaser at its option after the equipment is installed at
Purchaser’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 Purchaser, the successful
completion of the test specified.
On 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 Purchaser reserve the right to get the equipment replaced by the
Supplier at no extra cost to the Purchaser.
Successful conduct and conclusion of the acceptance test for the installed goods and
equipment shall also be the responsibility and at the cost of the Supplier.
(b)
4.5 Training
Free training should be imparted to ____ No. of persons of the purchaser at the
purchaser’s premises for a period of ________ days on operation, trouble shooting and
maintenance of the supplied item. (Provision of para 2.2.2 (07) of the CSIR Manual on
Procurement of Goods 2018 needs to be considered while framing this clause.)
4.6 Warranty
The warranty of the equipment should be for a period of ____ months from the date of
acceptance. During the warranty period upgrades of the software, if any should be
provided free of cost.
This format may be drawn by the labs as per the tender documents. However, an indicative
structure of the Price Schedule Forms is provided hereunder for reference.
CHAPTER 5
Table of Contents
Note: The bidder may fill in the appropriate Price Schedule Form and enclose as per
Clause 1.10 and 1.18.3 of the bidding documents.
PRICE SCHEDULE FOR GOODS BEING OFFERED FROM INDIA
1 2 3 4 5 6 7 8 9 10 11 12
Sl. Item Country Unit Unit Rate Total price GST & Packing Charges for Total Price Installation,
No Description of origin Quantity Ex-Works, Ex-Works, other & inland Commis-
. With HSN Ex- Ex- taxes forward- transporta- sioning and
code warehouse, warehouse, payable, ing up to tion, training
Ex-show Ex-show room if station of insurance up charges, if
room off off the shelf contract dispatch to Lab. / any
the shelf price is if any Instt.by
price (inclusive of awarded air/road/
(inclusive all taxes rail
of all taxes already paid) (retain one
already 5x6 only)
paid)
(a) The cost of optional items, if any shall be indicated separately in words _________________________________________________
Name ___________________________________________________
1 2 3 4 5 6 7 8 9 10 11 12
Sl. Item Country Unit Qty. Unit price Total price Charges for Total price Indian Agents Approx. Indian
No. Description of origin Indicating (5x6) Insurance & CIF/CIP Commission as Ship- Customs
currency transportation (retain a percent of ment Tariff No
to port//place one only) FOB /FCA weight and HSN
FOB (named FOB (named of destination (7+8) price included and No.
port of port of in the Quoted volume
shipment or shipment) or price (ICT &
FCA (named FCA (named HSN
place of place of No.)
delivery) delivery)
(retain only (retain only
one) one)
Note:
Currency _______________________ Total Bid price in foreign currency ____________________
in words ________________________________________
(a) Indian agents name & address __________________________
(b) Installation, commissioning & training charges, Signature of Bidder ________________________________
if any _______________
Name ________________________________
(c) Cost of Spares, if any __________________
Business Address ________________________________
(d) 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 2.22 of GCC.
(e) The cost of optional items shall be indicated separately.
CHAPTER 6
Qualification Requirements
(refer to Annexure-4E of the CSIR Manual)
Pre-Qualification Criteria (PQC) should be unrestrictive enough so as not to leave out even one
capable vendor/contractor. Otherwise, it can lead to higher prices of procurement/works/services.
However, on the other hand, these criteria should be restrictive enough so as not to allow even
one incapable vendor/contractor and thus vitiate fair competition for capable vendors/contractors
to the detriment of the buyer’s objectives. A misjudgement in either direction may be detrimental.
A sample PQC is given as under:
Due consideration should be given while framing PQC, to its effect on adequacy of competition.
To encourage MSEs, past successful bidders, a call may be taken – whether PQC should apply to
full quantity/packages or be proportional to part quantity/ package quoted by a bidder. In case
requirement is suddenly a multiple times the past procurements, blind adoption of past PQCs may
lead to disqualification of successful past vendors leading to inadequate competition. PQC should
therefore be carefully decided for each procurement with the approval of CA for acceptance of
the tender. It should be clarified in the PQB documents that bidders have to submit authenticated
documents in support of eligibility criteria.
Sample Prequalification criteria
‘The bidder’ must have an annual capacity to manufacture and supply (/erected/ commissioned)at
least ________ (The Qualifying Quantity)
Note: In case of multiple products in a tender, this criterion shall be applicable product wise. For
example, in case of Printing Paper of different specifications/sizes, it shall be applicable to
quantity of paper manufactured and supplied specification/size wise.
Criteria 3 - Financial Standing – under all conditions
a) The average annual financial turnover of ‘The bidder’ during the last three years, ending
on ‘The relevant Date’, should be at ₹_______ (or equivalent in foreign currency at
exchange rate prevalent on ‘The Relevant Date’) ( fix the value as 40-80% or any other
percentage of the estimated cost of the quantity in the bid document) as per the annual
report (audited balance sheet and profit & loss account) of the relevant period, duly
authenticated by a Chartered Accountant/Cost Accountant in India or equivalent in
relevant countries.
c) The net worth of the Bidder firm (manufacturer or principal of authorised representative)
should not be negative on ‘The Relevant Date’ and also ii) should have not eroded by more
than 30% (thirty percent) in the last three years, ending on ‘The Relevant Date’.
i) their foreign ‘Make-in-India’ associates meet all the criteria above without exemption,
and
ii) the Bidder submits appropriate documentary proof for a valid/approved ongoing ‘Make
in India’ agreement/program.
iii) the bidder (manufacturer or principal of authorised representative) furnishes along with
the bid a legally enforceable undertaking jointly executed by himself and such foreign
Manufacturer for satisfactory manufacture, Supply (and erection, commissioning if
applicable) and performance of ‘The Product’ offered including all warranty obligations
as per the general and special conditions of contract.
iii) the bidder himself should have been associated, as authorised representative of
the same or other Principal Manufacturer for same set of services as in present bid
(supply, installation, satisfactorily commissioning, after sales service as the case
may be) for same or similar ‘Product’ for past three years ending on ‘The Relevant
Date’.
c) For Existing Successful Past Suppliers: In case the bidder (manufacturer or principal of
authorised representative) who is a successful past supplier of ‘The Product’ in at least
one of the recent past ______ procurements, who do not meet any or more of requirements
above, would also be considered to be qualified in view of their proven credentials, for the
maximum quantity supplied by him in such recent past.
d) Joint Ventures and Holding Companies: Credentials of the partners of Joint ventures
cannot (repeat cannot) be clubbed for the purpose of compliance of PQC in supply of
Goods/Equipment, and each partner must comply with all the PQC criteria independently.
Howeve,r for the purpose of qualifying the Financial Standing Criteria, the Financial
Standing credentials of a Holding Company can be clubbed with only one of the fully
owned subsidiary bidding company, with appropriate legal documents proving such
ownership.
b) The Bidder must declare, whether asked or not in a bid document, any previous
transgressions of such a code of integrity with any entity in any country during the last
three years or of being debarred by any other Procuring Entity. Failure to do so would
amount to violation of this code of integrity.
i) The Principal manufacturer directly or through one Indian agent on his behalf; and
d) Along with all the necessary documents/certificates required as per the tender conditions,
the bidder should furnish a brief write-up, backed with adequate data, explaining his
available capacity (both technical and financial), for manufacture and supply of the
required goods/equipment, within the specified time of completion, after meeting all their
current commitments.
i) All copy of supply/work order; respective completion certificate and contact details
of clients; documents issued by the relevant Industries Department/National Small
Industries Corporation (NSIC)/ manufacturing licence; annual report, etc., in
support of experience, past performance and capacity/capability should be
authenticated by the by the person authorised to sign the tender on behalf of the
bidder. Original Documents must be submitted for inspection, if so demanded.
ii) All financial standing data should be certified by certified accountants, for
example, Chartered Accountants/Cost Accountants or equivalent in relevant
countries; and Indian bidder or Indian counterparts of foreign bidders should
furnish their Permanent Account Number.
f) A bidder or any of its affiliates who participated as a consultant in the preparation of the
design or technical specifications of the contract i.e. the subject of the bid; cannot
participate in the bidding process.
g) Indian agents quoting on behalf of its foreign principal need to submit an copy of the
agency agreement with the foreign principal detailing the services to be rendered by them
on behalf of the principals, failing which its bid shall not be considered.
(h) Foreign bidders to disclose the name and address of agent and representatives in India and
Indian bidder to disclose their foreign principal or associates.
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”).
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) Special Conditions of Contract
(c) General 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.
S.no Name
1. Tender Acceptance form (to be enclosed with the technical bid)
2. Bidder Information Form (to be enclosed with the technical bid)
3. Manufacturers’ Authorization Form (MAF) (to be enclosed with the technical
bid)
4. Bid Security Form (Bank Guarantee format for Bid Security) (to be enclosed
with the technical bid)
5. Bid Securing Declaration (to be enclosed with the technical bid)
6. Performance Statement Form (to be enclosed with the technical bid)
7. Deviation Statement Form (to be enclosed with the technical bid)
8. Service Support Detail Form (to be enclosed with the technical bid)
9. Performance Security Form (to be enclosed with the technical bid)
10. Acceptance Certificate Form (Certificate of commissioning of equipment) (to
be enclosed with the technical bid)
11. Format of declaration of abiding by the code of integrity and conflict of interest
to be submitted by the bidder (to be enclosed with the technical bid)
12. Format of Affidavit of self-certification regarding domestic value addition (to
be enclosed with the technical bid)
13. E-payment details (to be enclosed with the technical bid)
14. Bid Form (to be enclosed with the Financial bid)
15. Price Schedule Forms as per BOQ (to be enclosed with the Financial bid)
16. CSMCRI Bank Account Detail for RTGS/NEFT
Note : Please refer clause 1.10.1 of the bidding documents for other documents to be
attached with the bids/offers.
ANNEXURE-1
TENDER ACCEPTANCE LETTER
(To be given on Company Letter Head)
Date:
To,
______________________
______________________
Dear Sir,
1. I/ We have downloaded / obtained the tender document(s) for the above mentioned ‘Tender/Work’
from the web site(s) namely:
______________________________________________________________________________________
_____________________________________________________________________________as per your
advertisement, given in the above mentioned website(s).
2. I / We hereby certify that I / we have read the entire terms and conditions of the tender documents
from Page No. _______ to ______ (including all documents like annexure(s), schedule(s), etc .,), which
form part of the contract agreement and I / we shall abide hereby by the terms / conditions / clauses
contained therein.
3. The corrigendum(s) issued from time to time by your department/ organisation too has also been
taken intoconsideration, while submitting this acceptance letter.
4. I / We hereby unconditionally accept the tender conditions of above mentioned tender document(s) /
corrigendum(s) in its totality / entirety.
5. I / We do hereby declare that our Firm has not been blacklisted/ debarred by any Govt.
Department/Public sector undertaking.
6. I / We certify that all information furnished by the our Firm is true & correct and in the event that the
information is found to be incorrect/untrue or found violated, then your department/ organisation
shall without giving any notice or reason therefore or summarily reject the bid or terminate the
contract, without prejudice to any other rights or remedy including the forfeiture of the full said
earnest money deposit absolutely.
Yours Faithfully,
(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]
02. In case of JV, legal name of each party: [insert legal name of each party in JV]
03. Bidder’s actual or intended Country of Registration: [insert actual or intended
Country of Registration]
07. 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.
Name _________________________________
[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 and be enclosed with the technical bid.
Date: [insert date (as day, month and year) of Bid Submission]
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 2.21 of the General
Conditions of Contract, with respect to the Goods offered by the above firm.
Duly authorized to sign this Authorization on behalf of: [insert complete name of Bidder]
(1) 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.
Or
(2) If the tenderer having been notified of the acceptance of his tender by the Purchaser
during the period of its validity:-
(a) If the tenderer fails to furnish the Performance Security for the due performance
of 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
i.e., up to _____________ and any demand in respect thereof should reach the Bank not later than
this date.
______________________
(Signature of the authorized officer of the Bank)
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.
Annexure–5
Bid-Securing Declaration Form
Date:___________________
Bid No. _________________
I/We understand that, according to your conditions, bids must be supported by a Bid Securing
Declaration.
I/We accept that I/We may be disqualified from bidding for any contract with you for a period of
one year from the date of notification if I am /We are in a breach of any obligation under the bid
conditions, because I/We
(a) have withdrawn/modified/amended, impairs or derogates from the tender, my/our Bid
during the period of bid validity specified in the form of Bid; or
(b) having been notified of the acceptance of our Bid by the purchaser during the period of
bid validity (i) fail or reuse to execute the contract, if required, or (ii) fail or refuse to
furnish the Performance Security, in accordance with the Instructions to Bidders.
I/We understand this Bid Securing Declaration shall cease to be valid if I am/we are not the
successful Bidder, upon the earlier of (i) the receipt of your notification of the name of the
successful Bidder; or (ii) thirty days after the expiration of the validity of my/our Bid.
Signed: (insert signature of person whose name and capacity are shown) in the capacity of
(insert legal capacity of person signing the Bid Securing Declaration).
Duly authorized to sign the bid for an on behalf of : (insert complete name of Bidder)
(Note: In case of a Joint Venture, the Bid Securing Declaration must be in the name of all
partners to the Joint Venture that submits the bid)
Annexure–6
Order Order Descrip- Value Date of Date of Remarks Has the Contact
Placed by No. tion and of comple- actual indicating equipment person along
(full and quantity order tion of completi reasons been with
address of date of deliver on of for late installed Telephone
Purchaser) ordered as per delivery delivery, satisfactory No., FAX
equip- Contract if any ? (Attach a No. and
ment certificate e-mail
from the address
purchaser/C
onsignee)
Place :
Date :
Annexure–7
DEVIATION STATEMENT FORM
Signature of Bidder
If the bidder offers more than one model, then the Compliance Statement must be enclosed
for each and every model separately.
If the bidder fails to enclose the compliance statement, his bid is likely to be rejected.
Place:
Date:
Signature and seal of the
Manufacturer/Bidder
NOTE:
1) Where there is no deviation, the statement should be returned duly signed with an
endorsement indicating “No Deviations”.
Annexure–8
SERVICE SUPPORT FORM
Place :
Date :
Annexure–9
PERFORMANCE SECURITY FORM
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.
………………………………………………………….
Name and designation of the officer
………………………………………………………….
Seal, Name & Address of the Issuing Branch of the Bank
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.
Annexure–10
ACCEPTANCE CERTIFICATE FORM
M/s. ____________________________________
____________________________________
____________________________________
01. 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.
(a) Contract No. _____________________________ Date___________
(b) Description of the equipment_______________________________
(c) Name of the consignee___________________________________
(d) Scheduled date of delivery of the consignment to the Lab./Instts.______
(e) Actual date of receipt of consignment by the Lab./Instts._____________
(f) Scheduled date for completion of installation/commissioning_________
(g) Training Starting Date___________________________________
(h) Training Completion Date ___________________________________
(i) Names of People Trained ___________________________________
(j) Actual date of completion of installation/commissioning_____________
(k) Penalty for late delivery (at Lab./Instts. level)₹___________________
(l) Penalty for late installation (at Lab./Instts. level ₹________________
Details of accessories/items not yet supplied and recoveries to be made on that account:
02. The acceptance test has been done to our entire satisfaction. The supplier has fulfilled his
contractual obligations satisfactorily
or
The supplier has failed to fulfil his contractual obligations with regard to the
following:
(a) ………………………………
(b) ………………………….….
(c) ………………………………
(d) ……………………………...
The amount of recovery on account of failure of the supplier to meet his contractual
obligations is as indicated at Sr. No. 3.
Format for declaration by the Bidder for Code of Integrity & conflict of interest
To,
______________________________
______________________________
(Name & address of the Purchaser)
Sir,
With reference to your Tender No.________________ dated _____________ I/We
hereby declare that we shall abide by the Code of Integrity for Public Procurement as mentioned
under Para 1.3.0 of ITB of your Tender document and have no conflict of interest.
The details of any previous transgressions of the code of integrity with any entity in any
country during the last three years or of being debarred by any other Procuring Entity are as under:
a
b
c
We undertake that we shall be liable for any punitive action in case of transgression/
contravention of this code.
Thanking you,
Yours sincerely,
Signature
(Name of the Authorized Signatory)
Company Seal
Annexure -12
पता /Address
2
हम/ मैं यह घोवषत करता हूँ की ऊपर वदए गए वििरण पूणण एिम् सत्य हैं | अगर अपूणण एिम् असत्य जानकारी के कारण कारोबारी मैं देरी/विफलता होती हैं तो इसके वलए सी.एस.एम.सी.आर.आई.
वकसी प्रकार से विम्मेदार नहीं होगा.
खातेदार के हस्ताक्षर
We/ I hereby declare that the particulars given above are correct and complete. If the transaction is delayed
or lost because of incomplete or incorrect information, I/ we would not hold CSMCRI responsible.
Date:/ / ____________________
Place: Signature of the Authorized Official
of Bank with seal
Annexure–14
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]
(a) We have examined and have no reservations to the Bidding Documents, including
Addenda No.: [insert the number and issuing date of each Addenda];
(b) 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];
(c) 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];
(d) The discounts offered and the methodology 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.]
(e) Our bid shall be valid for the period of time specified in ITB Sub-Clause 1.17.1 from the
date fixed for the bid opening, and it shall remain binding upon us and may be accepted at
any time before the expiration of that period;
(f) If our bid is accepted, we commit to obtain a performance security in accordance with ITB
Clause 1.43 and GCC Clause 2.13 for the due performance of the Contract and also submit
order acceptance within 14 days from the date of contract in accordance with ITB Clause
1.42 and GCC Clause 2.44;
(g) 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]
(i) We understand that you are not bound to accept the lowest evaluated bid or any other bid
that you may receive.
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]
INTEGRITY PACT
Between
Council of Scientific & Industrial Research (CSIR) a Society registered under the Indian
Societies Act 1860 represented by _________________________________________
hereinafter referred to as “The Principal”.
Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for
……………………………………….The Principal values full compliance with all relevant laws
of the land, rules, regulations, economic use of resources and of fairness/ transparency in its
relations with its Bidder(s) and/or Contractor(s).
In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM),
who will monitor the tender process and the execution of the contract for compliance with the
principles mentioned above.
(1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:
(a) No employee of the Principal, personally or through family members, will in connection
with the tender for, or the execution of a contract, demand, take a promise for or accept,
for self or third person, any material or immaterial benefit which the person is not legally
entitled to.
(b) The Principal will, during the tender process treat all Bidder(s) with equity and reason.
The Principal will in particular, before and during the tender process, provide to all
Bidder(s) the same information and will not provide to any Bidder(s)
confidential/additional information through which the Bidder(s) could obtain an advantage
in relation to the tender process or the contract execution.
(c) The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard,
the Principal will inform the Chief Vigilance Officer and in addition can initiate
disciplinary action.
Section 2 – Commitments of the Bidder(s)/Contractor(s)
(1) The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent
corruption. He commits himself to observe the following principles during his participation
in the tender process and during the contract execution.
(a) The Bidder(s)/Contractor(s) will not, directly or through any other Person or firm, offer,
promise or give to any of the Principal’s employees involved in the tender process or the
execution of the contract or to any third person any material or other benefit which he/she
is not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the tender process or during the execution of the contract.
(b) The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, Certifications, subsidiary contracts, submission or non-submission
of bids or any other actions to restrict competitiveness or to introduce cartelization in the
bidding process.
(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act;
further the Bidder(s)/Contractor(s) will not use improperly, for purposes of competition or
personal gain, or pass on to others, any information or document provided by the Principal
as part of the business relationship, regarding plans, technical proposals and business
details, including information contained or transmitted electronically.
(d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly the Bidder(s)//Contractors(s) of Indian
Nationality shall furnish the name and address of the foreign principals, if any. Further
details as mentioned in the “Guidelines on Indian Agents of Foreign Suppliers” shall be
disclosed by the Bidder(s)/Contractor(s). Further, as mentioned in the Guidelines all the
payments made to the Indian agent/representative have to be in Indian Rupees only. Copy
of the “Guidelines on Indian Agents of Foreign Suppliers” is annexed and marked as
Annexure.
(e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments
he has made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.
(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
(3) The person signing IP shall not approach the courts while representing the matters to IEMs
and he/she will await their decision in the matter.
Section 3 – Disqualification from tender process and exclusion from future Contracts
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is
entitled to terminate the contract according to Section 3, the Principal shall be entitled to
demand and recover from the Contractor liquidated damages of the contract value or the
amount equivalent to Performance Bank Guarantee.
(1) The Bidder declares that no previous transgressions occurred in the last 3 Years with any
other Company in any country conforming to the anti-corruption approach or with any
other Public Sector Enterprise in India that could justify his exclusion from the tender
process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the
tender process or action can be taken as per the procedure mentioned in “Guidelines on
Banning of business dealings.”
(2) The Principal will enter into agreements with identical conditions as this one with all
Bidders, Contractors and Subcontractors.
(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact
or violate its provisions.
(1) The Principal appoints competent and credible Independent External Monitor for this Pact.
The task of the Monitor is to review independently and objectively, whether and to what
extent the parties comply with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs
his functions neutrally and independently. He reports to the JS (A), CSIR.
(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without
restriction to all Project documentation of the Principal including that provided by the
Contractor. The Contractor will also grant the Monitor, upon his request and
demonstration of a valid interest, unrestricted and unconditional access to his project
documentation. The same is applicable to Subcontractors. The Monitor is under
contractual obligation to treat the information and documents of the Bidder(s)/
Contractor(s) / Subcontractor(s) with confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Contractor. The parties offer to the
Monitor the option to participate in such meetings.
(5) As soon as the Monitor notice, or believes to notice, a violation of this agreement, he will
so inform the Management of the Principal and request the Management to discontinue or
take corrective action, or to take other relevant action. The monitor can in this regard
submit non-binding recommendations. Beyond this, the Monitor has no right to demand
from the parties that they act in a specific manner, refrain from action or tolerate action.
(6) The Monitor will submit a written report to the JS(A), CSIR within 8 to 10 weeks from the
date of reference or intimation to him by the Principal and should the occasion arise, submit
proposals for correcting problematic situations.
(7) Monitor shall be entitled to compensation on the same terms as being extended to/provided
to Independent Directors on the CSIR.
(8) If the Monitor has reported to the JS(A),CSIR, a substantiated suspicion of an offence
under relevant IPC/PC Act, and the JS(A), CSIR has not, within the reasonable time taken
visible action to proceed against such offence or reported it to the Chief Vigilance Officer,
the Monitor may also transmit this information directly to the Central Vigilance
Commissioner.
(9) The word ‘Monitor’ would include both singular and plural.
This Pact begins when both parties have legally singed it. It expires for the Contractor 10
months after the last payment under the contract, and for all other Bidders 6 months after
the contract has been awarded.
If any claim is made/lodged during this time, the same shall be binding and continue to be
valid despite the lapse of this pact as specified above, unless it is discharged/determined by JS(A),
CSIR.
(1) This agreement is subject to Indian Law. Place of performance and Jurisdiction is the
Registered Office of the Principal, i.e. New Delhi
(2) Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.
(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all
partners or consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of
this agreement remains valid. In this case, the parties will strive to come to an agreement
to their original intentions.
_____________________________ _______________________________
(For & On behalf of the Principal) (For & On behalf of Bidder/Contractor)
(Office Seal) (Office Seal)
Place………………… Place………………………
Date………………….. Date…………………..
Note:
Currency _______________________ Total Bid price in foreign currency ____________________
in words ________________________________________
(a) Indian agents name & address __________________________
(b) Installation, commissioning & training charges, Signature of Bidder ________________________________
if any _______________
Name ________________________________
(c) Cost of Spares, if any __________________
Business Address ________________________________
(d) 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.
(e) The cost of optional items shall be indicated separately.
Annexure-19
PRICE SCHEDULE FORM FOR GOODS BEING OFFERED FROM INDIA
1 2 3 4 5 6 7 8 9 10 11 12
Sl. Item Country Unit Quantity Unit Rate Total price GST & Packing & Charges for Total Price Installation,
No. Descrip- of origin Ex-Works, Ex-Works, other forwarding inland Commissio
tion Ex- Ex-ware- taxes up to transportatio ning and
With warehouse, house, Ex- payable, station of n, insurance training
HSN Ex-show show room off if dispatch, up to Lab. / charges, if
code room off the the shelf price contract If any Instt.by any
shelf price (inclusive of is air/road/
(inclusive of all taxes awarded rail
all taxes already paid) (retain one
already paid) 5x6 only)
Name ___________________________________________________
To
__________________________(name of Purchaser)
__________________________(address of Purchaser)
__________________________(name of Contract)
Gentlemen:
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
(name of Purchaser) 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 remain valid and in full effect from the date of the advance payment
received by the Supplier under the contract until _______________.
Yours truly,