GTC Tender - Doc - Eproc - OT - Revised

Download as pdf or txt
Download as pdf or txt
You are on page 1of 95

TENDER NO :_________________________ Date _______________

TENDER DOCUMENT

FOR

THE PURCHASE OF

______________________________
(Name of the item)

CSIR- Central Salt & Marine Chemical Research Institute


Gijubhai Badheka Marg
Bhavnagar – 364 001 (Gujrat)
INDIA

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.

06. As per Govt. of India procurement policies,

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,

(Name & Designation)


INDEX

Chapter Content

1 Instructions to Bidders

2 General Conditions of Contract

3 Formats

CRITICAL DATE SHEET

Sl. No. Stage Date & Time

1. Publish Date & Time DD MM YYYY


TT:TT HRS
2. Clarification Start Date DD MM YYYY
TT:TT HRS
3. Clarification End Date DD MM YYYY
TT:TT HRS
4. Pre-bid Conference, if any DD MM YYYY
TT:TT HRS
5. Bid Submission Start Date & time DD MM YYYY
TT:TT HRS
6. Bid Submission End Date & Time DD MM YYYY
TT:TT HRS
7. Bid Opening Date & Time DD MM YYYY
TT:TT HRS

TENTATIVE TIME SCHEDULE OF PROCUREMENT PLANNING

Sl. No. Stage Tentative Time Frame

1. Date of Bid Opening XX

2. Date of Completion of Bid Evaluation XX + 60

3. Date of communication of Rejection of Bids XX + 70

4. Date of Receipt of context, if any, from XX + 80


Bidders
5. Notification of Award XX + 90
CHAPTER – 1

INSTRUCTIONS TO BIDDERS

Table of Contents

Sl. No. Contents

A. Introduction
1.1 Eligible Bidders
1.2 Cost of Bidding
1.3 Code of Integrity for Public Procurement

B. The Bidding Documents


1.4 Content of tender Documents
1.5 Clarification of tender documents
1.6 Amendment of tender Documents

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

E. Opening and Evaluation of Bids


1.22 Opening of Bids by the Purchaser
1.23 Confidentiality
1.24 Clarification of Bids
1.25 Preliminary Examination
1.26 Responsiveness of Bids
1.27 Bidders right to question rejection
1.28 Non-Conformity, Error and Omission
1.29 Examination of Terms & Conditions, Technical Evaluation
1.30 Conversion to Single Currency
1.31 Evaluation and Comparison of bids
1.32 Contacting the Purchaser
1.33 Post qualification

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. Eligible Bidders

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.

1.1.3 MSEs would be treated as owned by Scheduled Caste/Schedule Tribe enterprises as


under:

a. In case of proprietary MSE, proprietor(s) shall be SC /ST.


b. In case of partnership MSE, the SC/ST partners shall be holding at least 51%
(fifty-one percent) shares in the unit.
c. In case of Private Limited Companies, at least 51% (fifty-one percent) share shall
be held by SC/ST promoters

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 Cost of Bidding

1.2.1 The Bidder shall bear all costs associated with the preparation and submission of its
bid, and “the Purchaser", will in no case be responsible or liable for these costs,
regardless of the conduct or outcome of the bidding process.

1.3 Code of Integrity

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) “Corrupt practice”: making offers, solicitation or acceptance of bribe, rewards or


gifts or any material benefit, in exchange for an unfair advantage in the procurement
process or to otherwise influence the procurement process or contract execution;
ii) “Fraudulent practice”: any omission or misrepresentation that may mislead or
attempt to mislead so that financial or other benefits may be obtained or an
obligation avoided. This includes making false declaration or providing false
information for participation in a tender process or to secure a contract or in
execution of the contract;
iii) “Anti-competitive practice”: any collusion, bid rigging or anti-competitive
arrangement, or any other practice coming under the purview of the Competition
Act, 2002, between two or more bidders, with or without the knowledge of the
purchaser, that may impair the transparency, fairness and the progress of the
procurement process or to establish bid prices at artificial, non-competitive levels;
iv) “Coercive practice”: harming or threatening to harm, persons or their property to
influence their participation in the procurement process or affect the execution of a
contract;
v) “Conflict of interest”: participation by a bidding firm or any of its affiliates that
are either involved in the consultancy contract to which this procurement is linked;
or if they are part of more than one bid in the procurement; or if the bidding firm or
their personnel have relationships or financial or business transactions with any
official of purchaser who are directly or indirectly related to tender or execution
process of contract; or improper use of information obtained by the (prospective)
bidder from the purchaser with an intent to gain unfair advantage in the procurement
process or for personal gain; and
vi) “Obstructive practice”: materially impede the purchaser’s investigation into
allegations of one or more of the above mentioned prohibited practices either by
deliberately destroying, falsifying, altering; or by concealing of evidence material
to the investigation; or by making false statements to investigators and/or by
threatening, harassing or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from pursuing the
investigation; or by impeding the purchaser’s Entity’s rights of audit or access to
information;

1.3.3 Obligations for Proactive disclosures

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.

1.3.4 Punitive Provisions


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 Purchaser 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:

i) If his bids are under consideration in any procurement


a) Forfeiture or encashment of bid security;
b) Calling off of any pre-contract negotiations; and
c) Rejection and exclusion of the bidder from the procurement process.

ii) If a contract has already been awarded


a) Cancellation of the relevant contract and recovery of compensation for loss
incurred by the purchaser;
b) Forfeiture or encashment of any other security or bond relating to the
procurement;
c) Recovery of payments including advance payments, if any, made by the
purchaser along with interest thereon at the prevailing rate.

iii) Provisions in addition to above:


a) Removal from the list of registered suppliers and banning/debarment of the
bidder from participation in future procurements of the purchaser for a period
not less than one year;
b) In case of anti-competitive practices, information for further processing may be
filed under a signature of the Joint Secretary level officer, with the Competition
Commission of India;
c) Initiation of suitable disciplinary or criminal proceedings against any individual
or staff found responsible.
B. The Bidding Documents

1.4 Content of Tender Documents

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:

Chapter 1: Instructions to Bidder (ITB)


Chapter 2: General Conditions of Contract (GCC) and Special Condition of
Contract (SCC)
Chapter 3: Schedule of Requirements
Chapter 4: Specifications and Allied Technical Details
Chapter 5: Price Schedule Forms
Chapter 6: Qualification requirements
Chapter 7: Contract Form
Chapter 8: Other Standard Forms comprising:
(1) Bidder Information Form
(2) Manufacturer’s Authorization Form (MAF);
(3) Bid Security Form
(4) Bid Securing declaration
(5) Performance Statement form
(6) Deviation Statement Form;
(7) Service Support details;
(8) Bid form
(9) Performance Security Form;
(10) Acceptance Certificate Form
(11) Integrity pact
(12) Format of letter of authority for participating in bid opening
(13) Format for declaration by the bidder for code of integrity and
Conflict of interest.

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 Clarification of tender documents


Online clarification is also available

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 Amendment of 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 Language of Bid

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 Purchase Preference Policies


1.8.1 The purchaser intends to give product reservation/purchase preference/price preference
in line with current Govt. of India procurement policies to help inclusive national
economic growth by providing long term support to Small and Medium enterprises
(SMEs) and disadvantaged sections of the society and to address environmental
concerns along with preferential market access in govt. procurements.

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.

1.9. Documents Comprising the Bid

1.9.1 The bid prepared by the Bidder shall include:

A. Technical bid

(a) Tender Acceptance Form


Bidder Information Form;
(b) Declaration abiding by the Code of Integrity and no conflict of interest for
public procurement;
(c) Bid security as specified in the Invitation to Bids;
(d) Service support details form;
(e) Deviation Statement Form;
(f) Performance Statement Form;
(g) Manufacturer’s Authorization Form along with a certified copy of the Agency
Agreement between the bidders and the Indian Agent;
(h) Documentary evidence establishing that the bidder is eligible to bid
and is qualified to perform the contract if its bid is accepted;
(i) Integrity Pact, if required;
(j) Documents establishing goods eligibility and conformity to bidding
documents; indicating the Indian Customs Tariff Number (ICT & HSN No.) .
(k) Schedule of requirements.
(l) Self certification that the item offered meets the minimum local content of 50%
giving details of the location(s) at which the local value addition is made in
case the bidder wishes to avail the benefits under the make in India policy,
if applicable.
(m) In cases of procurement for a value in excess of ₹ 10 crores, the local
supplier shall be required to provide a certificate from the statutory auditor
or cost auditor of the company (in the case of companies) or from a practicing
cost accountant or practicing chartered accountant (in respect of suppliers
other than companies) giving the percentage of local content to avail the
benefits under the make in India policy, if applicable.
(n) Documentary evidence about the status of the bidder i.e. whether MSE or not,
owned by SC/ST or not and whether the MSE is owned by a women
entrepreneur or not.
B Price bid
(i) Bid form;
(ii) Applicable Price Schedule Form;

1.10 Bid form and price schedule

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 Bid Prices

1.11.1 The Bidder shall indicate on the appropriate price schedule form, the unit prices and
total bid prices of the goods it proposes to supply under the contract.

1.11.1 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:

(a) For Goods manufactured within India


(i) The price of the goods quoted Ex -works including taxes already paid.

(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.

(b) 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 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.

1.11.4 Where there is no mention of packing, forwarding, freight, insurance changes,


taxes etc. such offer shall be rejected as incomplete.

1.11.5 The price quoted shall remain fixed during the 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 Bid Currencies

1.12.1 Prices shall be quoted in Indian Rupees for offers received for supply within India and
in freely convertible foreign currency in case of offers received for supply from foreign
countries 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 Documents Establishing Bidder’s Eligibility and qualifications

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.

1.13.3 Conditional tenders shall not be accepted.

1.14 Documents Establishing Goods' Eligibility and Conformity to Bidding Documents

1.14.1 To establish the goods’ eligibility, the documentary evidence of the goods and services
eligibility shall consist of a statement on the country of origin of the goods and services
offered which shall be confirmed by a certificate of origin at the time of shipment.

1.14.2 To establish the conformity of the goods and services to the specifications and schedule
of requirements of the bidding document, the documentary evidence of conformity of
the goods and services to the bidding documents may be in the form of literature,
drawings and data, and shall consist of:

(a) A detailed description of the essential technical and performance


characteristics of the goods;
(b) A list giving full particulars, including available sources and current prices, of
spare parts, special tools, etc., necessary for the proper and continuing
functioning of the goods during the warranty period following
commencement of the use of the goods by the Purchaser in the Priced-bid; and

(c) An item-by-item commentary on the Purchaser's Technical Specifications


demonstrating substantial responsiveness of the goods and services to those
specifications or a statement of deviations and exceptions to the provisions of
the Technical Specifications.

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.

1.13.4 Alternate offers/makes/models is not allowed.

1.14. Bid Security

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:

a) District Industries Centre


b) Khadi and Village Industries Commission
c) Khadi and Village Industries Board
d) Coir Board
e) National Small Industries Corporation
f) Directorate of Handicraft and handloom and
g) Any other body specified by the Ministry of MSME

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.

1.14.10 The bid security may be forfeited:

(a) If a Bidder withdraws or amends or modifies or impairs or derogates its bid


during the period of bid validity specified by the Bidder on the Bid Form; or

(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 Period of Validity of Bids

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 Format and Signing of Bid

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.

D. Submission of Online 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

1.17 Online Submission of bids

1.17.1 Bids shall be submitted online only at CPPP website:


https://etenders.gov.in/eprocure/app.

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.

1.18 Deadline for Submission of Bids


1.18.1 Bids shall be submitted online only at CPPP website:
https://etenders.gov.in/eprocure/app between Bid Submitted start date and end date
1.19 Withdrawal, substitution and Modification of Bids.
Bidder can modify the bids any number of time online between bids submitted start
date up to bid submitted end date.
Bids can be withdraw online at any time between bids submitted start date up to bid
submitted end date with proper justification

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

E. Opening and Evaluation of Bids

1.20 Opening of Bids by the Purchaser

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 Clarification of Bids

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.

1.23. Preliminary Examination


1.23.1 The Purchaser shall examine the bids to confirm that all documents and technical
documentation requested in ITB Clause 1.10 have been provided, and to determine the
completeness of each document submitted.
1.23.2 The Purchaser shall confirm that the following documents and information have been
provided in the Bid. If any of these documents or information is missing, the offer shall
be rejected.

(a) 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:

(i) The Bidder is not eligible.


(ii) The Bid validity is shorter than the required period.
(iii) The Bidder has quoted for goods manufactured by a different firm
without the required authority letter from the proposed
manufacturer.
(iv) Bidder has not agreed to give the required performance security or has
not furnished the bid security.
(v) The goods quoted are sub-standard, not meeting the required
specification, etc.
(vi) Against the schedule of Requirement (incorporated in the tender
enquiry), the bidder has not quoted for the entire requirement as
specified in that schedule.
(vii) The bidder has not agreed to some essential condition(s) incorporated in
the tender enquiry.

1.24 Bidder’s right to question rejection.

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.

iv) Following decisions of the purchaser in accordance with the provision of


internal guidelines shall not be subject to review:
a) Determination of the need for procurement;
b) Selection of the mode of procurement or bidding system;
c) Choice of selection procedure;
d) Provisions limiting participation of bidders in the procurement process;
e) The decision to enter into negotiations with the L1 bidder;
f) Cancellation of the procurement process except where it is intended to
subsequently re-tender the same requirements;
g) Issues related to ambiguity in contract terms may not be taken up after a
contract has been signed, all such issues should be highlighted before
consummation of the contract by the vendor/contractor; and
h) Complaints against specifications except under the premise that they are
either vague or too specific so as to limit competition may be
permissible.

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 Responsiveness of Bids

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.

1.25.2 The purchasers’ determination of a bid’s responsiveness is to be based on the contents


of the bid itself without recourse to extrinsic evidence.

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 Non-Conformity, Error and Omission

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;

(b) if there is an error in a total corresponding to the addition or subtraction of


subtotals, the subtotals shall prevail and the total shall be corrected; and

(c) if there is a discrepancy between words and figures, the amount in words shall
prevail, unless the amount expressed in words is related to an arithmetic error,
in which case the amount in figures shall prevail subject to (a) and (b) above.

1.26.4 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 Examination of Terms & Conditions, Technical Evaluation

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 Conversion to Single Currency

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 Evaluation and comparison of bids

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:

For goods manufactured in India

(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.

(iii) The agency commission etc., 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.
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.

(b) Towards custom clearance, inland transportation etc. - 2% of the CIF/CIP


value.

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 Contacting the Purchaser

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 Post qualification

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 Award Criteria

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 Purchaser's right to vary Quantities at Time of Award

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 Option Clause

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 Notification of Award

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 Signing of Contract

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 Order Acceptance

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 Performance Security

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.

1.41.5 The Performance security shall be in one of the following forms:

(a) A Bank guarantee or stand-by Letter of Credit issued by a Nationalized/


Scheduled bank located in India or a Foreign bank with preferably its operating
branch in India in the form provided in the bidding documents. Or

(b) A Banker’s cheque or Account Payee demand draft in favour of the purchaser.
Or,

(c) A Fixed Deposit Receipt pledged in favour of the Purchaser.

1.41.6 The performance security will be discharged by the Purchaser and returned to the
Supplier not later than 60 days following the date of completion of the Supplier's
performance obligations, including any warranty obligations, unless specified
otherwise in SCC, without levy of any interest.

1.41.7 In the event of any contract amendment, the supplier shall, within 21 days of receipt of
such amendment, furnish the amendment to the performance security, rendering the
same valid for the duration of the contract, as amended for further period of 60 days
thereafter.

1.41.8 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.

1.42 Pre-bid Conference (PBC)


1.42.1 A Pre-bid Conference shall be held as indicated in invitation to bid, if any. All
prospective bidders are requested to kindly attend the Pre-bid Conference. In order to
facilitate the purchaser the proper conduct of the Pre-bid Conference, all prospective
bidders are requested to kindly submit their queries (with envelope bearing Tender No.
and Date on top and marked “Queries for Pre-bid Conference”) so as to reach the
purchaser as indicated in invitation to bid. The purchaser shall answer the queries
during the pre-bid conference, which would become a part of the proceedings of the
Pre-bid Conference. The proceeding of the Pre Bid Conference would be hosted on the
website of the purchaser. Before formulating and submitting their bids, all prospective
bidders are advised to surf through the purchaser’s website after the Pre-bid Conference,
in order to enable them take cognizance of the revised tender conditions.

1.43 Integrity Pact

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;

v) Bidders to disclose the payments to be made by them to agents/brokers or any


other intermediary;

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.

1.43.7 The modal format of IP is at Chapter-8.


CHAPTER 2
CONDITIONS OF CONTRACT
A GENERAL CONDITIONS OF CONTRACT (GCC)

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.

(d) “Day” means calendar day.

(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.

(f) “GCC” means the General Conditions of 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.

(i) “SCC” means the Special Conditions of Contract.

(j) “Subcontractor” means any natural person, private or government entity, or a


combination of the above, to whom any part of the Goods to be supplied or
execution of any part of the Related Services is subcontracted by the Supplier.

(k) Supplier” means the natural person, private or government entity, or a


combination of the above, whose bid to perform the Contract has been
accepted by the Purchaser and is named as such in the Contract Agreement.

(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.

(m)The “Purchaser” means any of the constituent Laboratory/Institute of the Council


situated at any designated place in India as specified in SCC.

(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 Code of Integrity

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:

a) Cancellation of the relevant contract and recovery of compensation for loss


incurred by the purchaser;

b) Forfeiture or encashment of any other security or bond relating to the


procurement;

c) Recovery of payments including advance payments, if any, made by the


Purchaser along with interest thereon at the prevailing rate.

a) Provisions in addition to above:

1) Removal from the list of registered suppliers and banning/debarment of


the bidder from participation in future procurements of the purchaser for
a period not less than one year;
2) In case of anti-competitive practices, information for further processing
may be filed under a signature of the Joint Secretary level officer, with
the Competition Commission of India;
3) Initiation of suitable disciplinary or criminal proceedings against any
individual or staff found responsible.

2.4 Joint Venture, Consortium or Association

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 Scope of Supply

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 Contract price

2.7.1 Prices charged by the Supplier for the Goods supplied and the Related Services
performed under the Contract shall not vary from the prices quoted by the Supplier in
its bid.

2.8 Copy Right

2.8.1
The copyright in all drawings, documents, and other materials containing data and
information furnished to the Purchaser by the Supplier herein shall remain vested in the
Supplier, or, if they are furnished to the Purchaser directly or through the Supplier by
any third party, including suppliers of materials, the copyright in such materials shall
remain vested in such third party.

2.9 Application

2.9.1 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 Use of Contract Documents and Information

2.11.1 The Supplier shall not, without the Purchaser's prior written consent, disclose the
Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample
or information furnished by or on behalf of the Purchaser in connection therewith, to
any person other than a person employed by the Supplier in performance of the
Contract. Disclosure to any such employed person shall be made in confidence and
shall extend only so far, as may be necessary for purposes of such performance.

2.11.2 The Supplier shall not, without the Purchaser's prior written consent, make use of any
document or information enumerated above except for purposes of performing the
Contract.

2.11.3
Any document, other than the Contract itself, enumerated above shall remain the
property of the Purchaser and shall be returned (in all copies) to the Purchaser on
completion of the Supplier's performance under the Contract if so required by the
Purchaser.

2.12 Patent Indemnity

2.12.1 The Supplier shall, subject to the Purchaser’s compliance with GCC Sub-Clause 2.12.2
Indemnify and hold harmless the Purchaser and its employees and officers from and
against any and all suits, actions or administrative proceedings, claims, demands,
losses, damages, costs, and expenses of any nature, including attorney’s fees and
expenses, which the Purchaser may suffer as a result of any infringement or alleged
infringement of any patent, utility model, registered design, trademark, copyright, or
other intellectual property right registered or otherwise existing at the date of the
Contract by reason of:

(a) 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 Performance Security

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.

2.13.5 The Performance security shall be in one of the following forms:

(a) A Bank guarantee or stand-by Letter of Credit issued by a


Nationalized/Scheduled bank located in India or a bank located abroad in the
form provided in the bidding documents.
Or
(b) A Banker’s cheque or Account Payee demand draft in favour of the purchaser.
Or
(c) A Fixed Deposit Receipt pledged in favour of the Purchaser.
2.13.6 The performance security will be discharged by the Purchaser and returned to the
Supplier not later than 60 days following the date of completion of the Supplier's
performance obligations, including any warranty obligations, unless specified
otherwise in SCC, without levy of any interest.

2.13.7 In the event of any contract amendment, the supplier shall, within 21 days of receipt of
such amendment, furnish the amendment to the performance security, rendering the
same valid for the duration of the contract, as amended for further period of 60 days
thereafter.

2.13.8 The order confirmation 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 Inspections and Tests

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 Delivery and Documents

2.16.1 Delivery of the Goods and completion and related services shall be made by the supplier
in accordance with the terms specified by the Purchaser in the contract. The details of
shipping and/or other documents to be furnished by the supplier are specified in SCC.

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 Incidental Services

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 Spare Parts

2.20.1 The Supplier shall be required to provide any or all of the following materials,
notifications, and information pertaining to spare parts manufactured or distributed by
the Supplier:

(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

(b) In the event of termination of production of the spare parts:


(i) Advance notification to the Purchaser of the pending termination, in
sufficient time to permit the Purchaser to procure needed requirements; and

(ii) Following such termination, furnishing at no cost to the Purchaser, the


blueprints, drawings and specifications of the spare parts, if requested.

2.21 Warranty

2.21.1 The Supplier warrants that all the Goods are new, unused, and of the most recent or
current models, and that they incorporate all recent improvements in design and materials,
unless provided otherwise in the Contract.

2.21.2 The Supplier further warrants that the Goods shall be free from defects arising from
any act or omission of the Supplier or arising from design, materials, and workmanship,
under normal use in the conditions prevailing in India.

2.21.3 Unless otherwise specified in the SCC, the warranty shall remain valid for 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 Terms of Payment

2.22.1 The method and conditions of payment to be made to the Supplier under this Contract
shall be as specified in the SCC.

2.22.2 The Supplier's request(s) for payment shall be made to the Purchaser in writing,
accompanied by an invoice describing, as appropriate, the Goods delivered and the
Services performed, and by documents, submitted pursuant to Delivery and document
Clause of the GCC and upon fulfilment of other obligations stipulated in the contract.

2.22.3 Payments shall be made promptly by the Purchaser but in no case later than thirty (30)
days after submission of the invoice or claim by the Supplier. 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.

2.22.4 Payment shall be made in currency as indicated in the contract.

2.23 Change Orders and Contract Amendments

2.23.1 The Purchaser may at any time, by written order given to the Supplier pursuant to
Clause on Notices of the GCC make changes within the general scope of the Contract
in any one or more of the following:

(a) Increase or decrease in the quantity required, exercise of quantity opinion


clause;
(b) Changes in schedule of deliveries and terms of delivery;
(c) The changes in inspection arrangements;
(d) Changes in terms of payments and statutory levies;
(e) Changes due to any other situation not anticipated;

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 Extension of time.

2.26.1 Delivery of the Goods and performance of the Services shall be made by the Supplier
in accordance with the time schedule specified by the Purchaser.

2.26.2 If at any time during performance of the Contract, the Supplier or its sub-contractor(s)
should encounter conditions impeding timely delivery of the Goods and performance
of Services, the Supplier shall promptly notify the Purchaser in writing of the fact of
the delay, its likely duration and its cause(s). As soon as practicable after receipt of the
Supplier’s notice, the Purchaser shall evaluate the situation and may, at its discretion,
extend the Supplier’s time for performance with or without 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 Liquidated Damages

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:

(a) The Performance Security is to be forfeited;

(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 Force Majeure

2.29.1 Notwithstanding the provisions of GCC Clauses relating to extension of time,


Liquidated damages and Termination for Default the Supplier shall not be liable for
forfeiture of its performance security, liquidated damages or termination for default, if
and to the extent that, its delay in performance or other failure to perform its obligations
under the Contract is the result of an event of Force Majeure.

2.29.2 For purposes of this Clause, “Force Majeure” means an event or situation beyond the
control of the Supplier that is not foreseeable, is unavoidable, and its origin is not
due to negligence or lack of care on the part of the Supplier. Such events may include,
but not be limited to, acts of the Purchaser in its sovereign capacity, wars or revolutions,
fires, floods, epidemics, quarantine restrictions, and freight embargoes.

2.29.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in
writing of such conditions and the cause thereof within 21 days of its occurrence. Unless
otherwise directed by the Purchaser in writing, the Supplier shall continue to perform
its obligations under the Contract as far as is reasonably practical, and shall seek all
reasonable alternative means for performance not prevented by the Force Majeure
event.
2.29.4 If the performance in whole or in part or any obligations under the contract is prevented
or delayed by any reason of Force Majeure for a period exceeding 60 days, either party
may at its option terminate the contract without any financial repercussions on either
side.

2.30 Termination for Insolvency

2.30.1 The Purchaser may at any time terminate the Contract by giving written notice to the
Supplier, if the Supplier becomes bankrupt or otherwise insolvent. In this event,
termination will be without compensation to the Supplier, provided that such
termination will not prejudice or affect any right of action or remedy, which has accrued
or will accrue thereafter to the Purchaser.

2.31 Termination for Convenience

2.31.1 The Purchaser, by written notice sent to the Supplier, may terminate the Contract, in
whole or in part, at any time. The notice of termination shall specify that termination is
for the Purchaser's convenience, the extent to which performance of the Supplier under
the Contract is terminated, and the date upon which such termination becomes effective.

2.31.2 The Goods that are complete and ready for shipment within 30 days after the Supplier's
receipt of notice of termination shall be accepted by the Purchaser at the Contract terms
and prices. For the remaining Goods, the Purchaser may elect:

(a) 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 Settlement of Disputes

2.32.1 The Purchaser and the supplier shall make every effort to resolve amicably by direct
informal negotiation any disagreement or dispute arising between them under or in
connection with the Contract.

2.32.2 If, after twenty-one (21) days, the parties have failed to resolve their dispute or
difference by such mutual consultation, then either the Purchaser or the Supplier may
give notice to the other party of its intention to commence arbitration, as hereinafter
provided, as to the matter in dispute, and no arbitration in respect of this matter may be
commenced unless such notice is given. Any dispute or difference in respect of which
a notice of intention to commence arbitration has been given in accordance with this
Clause shall be finally settled by arbitration. Arbitration may be commenced prior to or
after delivery of the Goods under the Contract.

2.32.3 The dispute settlement mechanism/arbitration proceedings shall be concluded as


under:
(a) If any dispute or difference arises between the parties hereto as to the construction,
interpretation, effect and implication of any provision of this agreement including
the rights or liabilities or any claim or demand of any party against other or in regard
to any other matter under these presents but excluding any matters, decisions or
determination of which is expressly provided for in this Agreement, such disputes
or differences shall be referred to an Arbitral Bench consisting of three Arbitrators,
one each to be appointed by each party and the two Arbitrators shall appoint a third
Arbitrator who shall be the presiding Arbitrator. A reference to the Arbitration
under this Clause shall be deemed to be submission within the meaning of the
Arbitration and Conciliation Act, 1996 and the rules framed thereunder for the time
being in force. Each party shall bear and pay its own cost of the arbitration
proceedings unless the Arbitrators otherwise decides in the Award.

(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.

2.32.5 Notwithstanding, any reference to arbitration herein,

(a) The parties shall continue to perform their respective obligations under the
Contract unless they otherwise agree; and

(b) the Purchaser shall pay the Supplier any monies due the Supplier.

2.33 Governing Language

2.33.1 The contract shall be written in English language which shall govern its
interpretation. All correspondence and other documents pertaining to the Contract,
which are exchanged by the parties, shall be written in the English language only.

2.34 Applicable Law

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 Right to use Defective Goods

2.37.1 If after delivery, acceptance and installation and within the guarantee and warranty
period, the operation or use of the goods proves to be unsatisfactory, the Purchaser shall
have the right to continue to operate or use such goods until 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 Protection against Damage

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 Site preparation and installation

2.39.1 The Purchaser is solely responsible for the construction of the equipment sites in
compliance with the technical and environmental specifications defined by the
Supplier. The Purchaser will designate the installation sites before the scheduled
installation date to allow the Supplier to perform a site inspection to verify the
appropriateness of the sites before the installation of the Equipment, if required. The
supplier shall inform the purchaser about the site preparation, if any, needed for
installation, of the goods at the purchaser’s site immediately after notification of
award/contract. 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 Import and Export Licenses


2.40.1 If the ordered materials are covered under restricted category of EXIM policy in India
the Vendor / Agent may intimate such information for obtaining necessary, license in
India.

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 Risk Purchase Clause

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 Option Clause

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 Integrity Pact

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 Order Acceptance

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

Sl. No. GCC Clause


01. GCC 2.1.1 (m)

02. GCC 2.1.1 (n)

03. GCC 2.13.1

04. GCC 2.15.2

05. GCC 2.16.1

06. GCC 2.16.3

07. GCC 2.17.1

08. GCC 2.21.3

09. GCC 2.22.1

10. GCC 2.27.1

11. GCC 2.27.1

12. GCC 2.34.1

13. GCC 2.35.1

14. GCC 2.43.1

15. GCC 2.43.2


Special conditions of contract (SCC)

The following Special Conditions of Contract (SCC) shall supplement and / or amend the
General Conditions of Contract (GCC). Whenever there is a conflict, the provisions
herein shall prevail over those in the GCC.

S.N. GCC Clause Condition


Ref
1 GCC 2.1.1(l) The Purchaser is:
CSIR – Central Salt & Marine Chemical Research Institute
Gijubhai Badheka Marg, Bhavnagar – 364 001 (Gujrat) INDIA
2 GCC 2.1.1(m) The Final Destination is:
CSIR – Central Salt & Marine Chemical Research Institute
Gijubhai Badheka Marg, Bhavnagar – 364 001 (Gujrat) INDIA
3 GCC 2.13.1 The amount of the Performance Security shall be 10 % of the
contract value.
4 GCC 2.15.2 The marking and documentation within and outside the packages
shall be:
(a) Each package should have a packing list within it detailing
the part No(s), description, quantity etc.

(b) Outside each package, the contract No., the name and
address of the purchaser and the final destination should be
indicated on all sides and top.

(c) Each package should be marked as 1/x, 2/x, 3/x……x/x,


where “x” is the total No. of packages contained in the
consignment.

(d) All the sides and top of each package should carry an
Appropriate indication/ label/ stickers indicating the
precautions to be taken while handling/storage.
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.

For goods manufactured abroad


Within 24 hours of dispatch, the supplier shall notify the purchaser
the complete details of dispatch and also supply following
documents by Registered Post/courier and copies thereof by
FAX/Email.
(a) Two copies of supplier’s Invoice giving full details of the
goods including quantity, value, etc.;
(b) Packing list;
(c) Certificate of country of origin issued by supplier;
(d) Manufacturer’s guarantee and Inspection certificate;
(e) Inspection certificate issued by the Purchaser’s Inspector, if
any;
(f) Insurance Certificate, if required under the contract;
(g) Name of the Vessel/Carrier;
(h) Bill of Lading/Airway Bill;
(l) 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.

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.

(b) On Acceptance: _____ percent ( ___ %) of the Contract


Price of Goods received shall be paid within thirty (30) days of
receipt of Goods and successful installation & commissioning
upon submission of claim supported by the acceptance certificate
issued by the Purchaser along with the Performance security, if
any.
GCC 2.22.1 The L/C will be confirmed at the suppliers cost, if requested
specifically by the supplier. All bank charges abroad shall be to the
account of the beneficiary i.e. supplier and all bank charges in India
shall be to the account of the opener i.e. purchaser. If L/C is
requested to be extended/ reinstated for reasons not attributable to
the purchaser, the charges thereof would be to the suppliers’
account. Payment of local currency portion shall be made in Indian
Rupees within thirty (30) days of presentation of claim supported
by a certificate from the Purchaser declaring that the Goods have
been delivered and that all other contracted Services have been
performed. The LC for 100% value of the contract shall be
established after deducting the agency commission payable if any,
to the Indian agent from the FOB/FCA value.
Payment for Goods and Services supplied from India:
The payment shall be made in Indian Rupees, as follows:
(a) After shipment : _____ percent ( ___ %) of the Contract Price
shall be paid on receipt of the Goods in good condition and upon
submission of the documents specified in GCC Clause 16.1
(b) On Acceptance: The remaining _____ percent ( ___ %) of the
Contract value shall be paid to the Supplier within thirty
(30) days after the date of the acceptance certificate issued
by the Purchaser subject to submission of performance
security, if any.
Note:
All payments due under the Contract shall be paid after
deduction of statutory levies at source (like ESIC, Income Tax,
etc.), wherever applicable.
10 GCC 2.27.1 The penalty shall be 0.5% per week or part of a week towards late
delivery and towards delay in installation and commissioning.
GCC 2.27.1 The maximum amount of penalty shall be 10%
11 GCC 2.34.1 The place of jurisdiction is Bhavnagar
12 GCC 2.35.1 For notices, the Purchaser’s address is
The Director
Attention: _____________________________
Location: CSIR- CSMCRI, Bhavnagar
13 GCC 2.35.1 Telephone: :+91-_______________________
EPABX Tel:+91________________________
Facsimile number: :+91__________________
Electronic mail address __________________
14 GCC 2.43.1 The integrity pact is to be/not to be signed. (retain one only)
15 GCC 2.43.2 The name and contact details of the IEMs are as under:
i)
CHAPTER 3

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.

3.2 The objective of the Schedule of Requirements is to provide sufficient information to


enable bidders to prepare their bids efficiently and accurately, in particular, the Price
Schedule, for which a form is provided in Chapter 5. In addition, the Schedule of
Requirements, together with the Price Schedule, should serve as a basis in the event of
quantity variation at the time of award of contract pursuant to ITB Clause 1.37.
CHAPTER 3
(To be filled by the bidder as appropriate and enclosed with the Technical Bid)
SCHEDULE OF REQUIREMENT
Sl. Brief Description of Goods & Quantity Physical Final destination/ Delivery Time frame required for conducting
No. Services Unit Place Schedule installation, commissioning of the
(to be filled by eqpt., acceptance test, etc. after the
the arrival of consignment
bidder) (to be filled by the bidder)

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: ____________________________________

(Location, no. of persons, period of training, nature of training)


Date : ……………………………
Place : …………………………… Signature of the Bidder

Notes for Bidders:

(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

Specifications and Allied Technical Details

(Notes for internal use only)

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.

ii) Be unambiguous, precise, objective, functional, broad based/generic,


standardised (for items procured repeatedly) and measurable. TS should be
broad enough to avoid restrictions on workmanship, materials and equipment
commonly used in manufacturing similar kinds of goods;

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;

v) All dimensions incorporated in the specifications shall be indicated in metric


units. If due to some unavoidable reasons, dimensions in FPS units are to be
mentioned, the corresponding equivalents in the metric system must also be
indicated;

vi) Comply with sustainability criteria and legal requirements of environment or


pollution control and other mandatory and statutory regulations, or internal
guidelines, if any, applicable to the goods to be purchased;

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;

ix) Should have emphasis on factors such as efficiency, optimum fuel/power


consumption, use of environmental-friendly materials, reduced noise and
emission levels, low maintenance cost, and so on. Government of India has
set up the Bureau of Energy Efficiency (BEE) (http://www.bee-india.nic.in)
on 01st March, 2002 under the provisions of the Energy Conservation Act,
2001, with the primary objective of reducing the energy intensity of the Indian
economy and thereby the cost saving potential of the relevant marketed
product.

x) Discourage procurement involving evaluation of samples: According to the


existing guidelines on public procurement of goods, purchase in accordance
with a sample should not be usually undertaken. Calling for a sample along
with the tender and deciding on the basis of evaluation of the sample may
NOT be done. In certain specifications, there may be a built-in sample clause.
Usually such clauses are stipulated to illustrate indeterminable characteristics
such as shade/tone, make-up, feel, finish and workmanship, and so on. In
some specifications, there may not be a sample clause but such indeterminable
characteristics are left to be agreed to between the seller and buyer. Where
drawings/specifications are not available, then we may procure in accordance
with an available sample of the part. In such cases, supply must be in
conformity with an agreed reference sample in such respects only, whereas
for the remaining characteristics it must be in conformity with the laid down
drawings/specifications. Procurement of such items should be decided on the
basis of detailed specifications/drawings and no sample should be called for
or evaluated along with the bids. If desired, a purchaser’s reference sample
may be displayed for prospective tenderers to illustrate the desired
indeterminable characteristics, which final supplies from successful bidder(s)
will have to meet in addition to the specifications/ drawings. If required, in
addition to the purchaser’s reference sample, the provision for the submission
of a pre-production sample matching the purchaser’s sample by successful
bidder(s) may be stipulated for indeterminable characteristics, before giving
clearance for bulk production of the supply. The Indent for items which are
to be procured in accordance with a sample must be accompanied with three
sealed samples as far as possible

Essential Technical particulars

The essential Technical particulars to be specified in the tender document shall


include the following to the extent applicable for a particular purchase:

i) Scope of supply and, also, end use of the required goods;

ii) All essential technical, qualitative, functional, environmental and


performance characteristics and requirements (such as material composition,
physical, dimensions and tolerances, workmanship and manufacturing
process wherever applicable; test schedule; if any), including guaranteed or
acceptable maximum or minimum values, as appropriate. Whenever
necessary, the user may include an additional format for guaranteed technical
parameters (as an attachment to the bid submission sheet), where the bidder
shall provide detailed information on such technical performance
characteristics in reference to the corresponding acceptable or guaranteed
values;

iii) Drawings;

iv) Requirement of the BIS mark, where applicable, mentioning all parameters
where such a specification provides options;

v) Requirement of an advance sample, if any, at the post contract stage before


bulk production;

vi) Special requirements of preservation, packing and marking, if any;

vii) Inspection procedure for goods ordered and criteria of conformity;

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;

xi) Qualification criteria of the bidders, if any; and

xii) Any other aspects peculiar to the goods in question such as shelf life
of the equipment, and so on
Chapter 4

Specifications and Allied Technical Details for ……………………………


(Insert name of the item)

4.1 End Use:

4.2 Specifications (including the list of spares )

4.3 Scope of Supply and incidental works:

4.4 Inspection & Tests

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.

4.4.2 Manufacturer’s Inspection Certificate`

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.)

4.4.4 Third Party Inspection (delete if not applicable) or elaborate.

4.4.5 Acceptance Test

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.

The acceptance tests at the final destination include the following:


(a)

(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.

1.7 Annual Maintenance Contract (delete if not applicable) or elaborate.


CHAPTER 5

Price Schedule Forms


(Notes for internal use only)

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

Price Schedule Forms

Table of Contents

Sl. No. Type of Price Schedule Form

01. Price schedule for Goods being offered from abroad

02. Price schedule for Goods offered from India

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

Name of the Bidder_________________ Tender No.______________

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)

Note: Total Bid price in foreign currency______________________________

(a) The cost of optional items, if any shall be indicated separately in words _________________________________________________

(b) Cost of Spares, if any Signature of Bidder _________________________________________

Name ___________________________________________________

Business Address __________________________________________


PRICE SCHEDULE FOR GOODS BEING OFFERED FROM ABROAD

Name of the Bidder_______________________________ TENDER No.____________________________

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)

(Notes for internal use only)

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

Criteria 1 - Experience and Past Performance:

a) The bidder (manufacturer or principal of authorised representative – hereinafter referred


simply as ‘The Bidder’) should have regularly for at least the last _____] years, ending
31st March of the previous financial year (hereinafter called ‘The relevant Date’),
manufactured and supplied (/erected/ commissioned_________ [Name of Requirement],
with the same or higher specifications having/with ____________parameters (hereinafter
called ‘The Product’). The bidder should submit the manufacturer authorisation form as
appended in Chapter-8 and

b) ‘The bidder’ should have manufactured and supplied (/erected/commissioned) at least


_______ numbers (herein after referred as ‘The Qualifying Quantity’) of ‘The Product’ in
at least one of the last five years ending on ‘The relevant Date’, and out of which

c) At least ________ numbers of offered version/model of ‘The product’ should be in


successful operation for at least ______ years on the date of bid opening.

Criteria 2 - Capability- Equipment & manufacturing Facilities:

‘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.

Ministry of MSME have clarified that all Central Ministries/Departments/Central


Public Section Undertakings may relax condition of prior turnover and prior experience
with respect to Micro and Small Enterprises in all public procurements subject to meeting
of quality and technical specifications. Further, the condition of prior turnover and prior
experience may be relaxed for Start-ups (as defined by Department of Industrial Policy
and Promotion) subject to meeting of quality & technical specifications and making
suitable provisions in the bidding document (rule 173 (i) of GFR 2017))

b) Bidder Firm (manufacturer or principal of authorised representative) should not have


suffered any financial loss for more than one year during the last three years, ending on
‘The Relevant Date’.

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’.

Note: In case of Indian Bidders/companies (manufacturer or principal of authorised


representative) who have been restructured by Banks in India, under the statutory guidelines, they
would be deemed to have qualified the Financial standing criteria considering the institutional
financial backing available to them.

Applicability in Special Cases:

a) Applicability to ‘Make in India’ :Bidders (manufacturer or principal of authorised


representative) who have a valid/approved ongoing ‘Make in India’ agreement/ program
and who while meeting all other criteria above, except for any or more of sub-criteria in
Experience and Past Performance above, would also be considered to be qualified
provided:

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.

b) Authorized Representatives: Bids of bidders quoting as authorised representative of a


principal manufacturer would also be considered to be qualified, provided:
i) their principal manufacturer meets all the criteria above without exemption, and

ii) the principal manufacturer furnishes a legally enforceable tender-specific


authorisation in the prescribed form assuring full guarantee and warranty
obligations as per the general and special conditions of contract; and

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.

Note for Bidders:

a) ‘Doctrine of Substantial Compliance’: The Pre-Qualification Bidding (PQB) and Pre-


Qualification Criteria (PQC) are for shortlisting of sources who are competent to perform
this contract to ensure best value for money from expenditure of Public Money. This
process is neither intended to bestow any entitlement upon nor to create any rights or
privileges for the Bidders, by way of overly hair-splitting or viciously legalistic
interpretations of these criteria, disregarding the very rationale of the PQB and PQC.
Keeping this caveat in view, interpretation by the Purchaser would be based on common
usage of terminologies and phrases in public procurement in accordance with the ‘Doctrine
of Substantial Compliance’ and would be final.

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.

c) In case of agents quoting in offshore procurements, on behalf of their principal


manufacturers, one agent cannot represent two manufacturers or quote on their behalf in a
particular tender enquiry. One manufacturer can also authorise only one agent/ dealer.
There can be only one bid from the following:

i) The Principal manufacturer directly or through one Indian agent on his behalf; and

ii) Indian/foreign agent on behalf of only one principal.

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.

e) Supporting documents submitted by the bidder must be certified as follows:

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”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

01. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.

02. The following documents shall constitute the Contract between the Purchaser and the
Supplier, and each shall be read and construed as an integral part of the Contract:
(a) This Contract Agreement
(b) 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.

For and on behalf of the Council of Scientific & Industrial Research

Signed: [insert signature]


in the capacity of [ insert title or other appropriate designation ]

in the presence of [ insert identification of official witness ]


Signed: [ insert signature ]
in the capacity of [ insert title or other appropriate designation ]

in the presence of [ insert identification of official witness ]

For and on behalf of the Supplier


Signed: [ insert signature of authorized representative(s) of the Supplier ]
in the capacity of [ insert title or other appropriate designation ]

in the presence of [ insert identification of official witness ]


CHAPTER 8

Other Standard Forms


(To be enclosed as indicated below)
Table of Contents

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,
______________________
______________________

Sub: Acceptance of Terms & Conditions of Tender.

Tender Reference No: ________________________

Name of Tender/Work: _____________________________________________________________________

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,

(Signature of the Bidder, with Official Seal)


Annexure–2
Bidder Information Form

(a) The Bidder shall fill in this Form in accordance with the instructions indicated below. No
alterations to its format shall be permitted and no substitutions shall be accepted. This
should be done of the letter head of the firm]

Date: [insert date (as day, month and year) of Bid Submission]

Tender No.: [insert number from Invitation for bids]

Page 1 of_______ pages

01. Bidder’s Legal Name [insert Bidder’s legal name]

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]

04. Bidder’s Year of Registration: [insert Bidder’s year of registration]

05. Bidder’s Legal Address in Country of Registration: [insert Bidder’s legal


address in country of registration]

06. Bidder’s Authorized Representative Information


Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax
numbers]
Email Address: [insert Authorized Representative’s email address]

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.

Signature of Bidder ____________________

Name _________________________________

Business Address _______________________


Annexure–3

MANUFACTURERS' AUTHORIZATION FORM

[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]

Tender No.: [insert number from Invitation for Bids]

To: [insert complete name and address of Purchaser]

WHEREAS
We [insert complete name of Manufacturer], who are official manufacturers of [insert type of
goods manufactured], having factories at [insert full address of Manufacturer’s factories], do
hereby authorize [insert complete name of Bidder] to submit a bid the purpose of which is to
provide the following Goods, manufactured by us [insert name and or brief description of the
Goods], and to subsequently negotiate and sign the Contract.

We hereby extend our full guarantee and warranty in accordance with Clause 2.21 of the General
Conditions of Contract, with respect to the Goods offered by the above firm.

Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]


Title: [insert title]

Duly authorized to sign this Authorization on behalf of: [insert complete name of Bidder]

Dated on ____________ day of __________________, _______ [insert date of signing]


Annexure–4
BID SECURITY FORM

Whereas __________________________ (hereinafter called the tenderer”) has submitted their


offer dated _________________ for the supply of _____________________________
(hereinafter called the tender”) against the purchaser’s tender enquiry No._____________

KNOW ALL MEN by these presents that WE ______________________________________ of


____________________________________________________ having our registered office at
_______________________________________ are bound unto ____________________
(hereinafter called the “Purchaser”)

In the sum of __________________________________________________________________


for which payment will and truly to be made to the said Purchaser, the Bank binds itself, its
successors and assigns by these presents. Sealed with the Common Seal of the said Bank this
______________ day of ____________ 20__________.

THE CONDITIONS OF THIS OBLIGATION ARE:

(1) 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.

(b) Fails or refuses to accept/execute the contract.

WE undertake to pay the Purchaser up to the above amount upon receipt of its first written demand,
without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser
will note that the amount claimed by it is due to it owing to the occurrence of one or both the two
conditions, specifying the occurred condition or conditions.

This guarantee will remain in force up to and including 45 days after the period of tender validity
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)

Name and designation of the officer


Seal, Name & Address of the Issuing Branch 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. _________________

To (insert complete name and address of the purchaser)

I/We. The undersigned, declare that:

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).

Name: (insert complete name of person signing he Bid Securing Declaration)

Duly authorized to sign the bid for an on behalf of : (insert complete name of Bidder)

Dated on _____________ day of ___________________(insert date of signing)

Corporate Seal (where appropriate)

(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

PERFORMANCE STATEMENT FORM

(For a period of last 3 years)

Name of the Firm……………………….

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)

Signature and Seal of the manufacturer/Bidder …………………………….

Place :
Date :
Annexure–7
DEVIATION STATEMENT FORM

Sl.No. Name of Specifications Compliance Deviation, if Technical


Specifications / of Quote Whether any to be justification
Parts / Model / Part Yes of No indicated in for the
Accessories of /Accessory unambiguous deviation, if
Tender terms (The any. If
Enquiry compliance / specification
Deviation is superior
should be /inferior than
supported by asked for in
relevant the enquiry,
Technical it should be
Literature) clearly
brought out
in the
justification

Signature of Bidder

 If the bidder offers more than one model, then the Compliance Statement must be enclosed
for each and every model separately.

 The technical and commercial deviations should be indicated 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

Sl. No. Nature of training List of similar type of Address, Telephone


Imparted equipment serviced in Nos. , Fax Nos. and
the past 3 years e-mail address

Signature and Seal of the manufacturer/Bidder…………………………….

Place :

Date :
Annexure–9
PERFORMANCE SECURITY FORM

MODEL BANK GUARANTEE FORMAT FOR PERFORMANCE SECURITY


To,
…………………………..

WHEREAS ………………………………. (name and address of the supplier) (hereinafter called


“the supplier”) has undertaken, in pursuance of contract No.
……………………………………….…. dated ……………….to supply (description of goods
and services) (herein after called “the contract”).

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish
you with a bank guarantee by a scheduled commercial bank recognized by you for the sum
specified therein as security for compliance with its obligations in accordance with the contract;

AND WHEREAS we have agreed to give the supplier such a bank guarantee;

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf
of the supplier, up to a total of …………………………………. (amount of the guarantee in words
and figures), and we undertake to pay you, upon your first written demand declaring the supplier
to be in default under the contract and without cavil or argument, any sum or sums within the
limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or
reasons for your demand or the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the supplier before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the contract
to be performed there under or of any of the contract documents which may be made between you
and the supplier shall in any way release us from any liability under this guarantee and we hereby
waive notice of any such change, addition or modification.

This guarantee shall be valid until the ………………….. day of ……………………,


20…………..

(Signature of the authorized officer of the Bank)

………………………………………………………….
Name and designation of the officer

………………………………………………………….
Seal, Name & Address of the 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

No.___________________ Dated: ________________

M/s. ____________________________________
____________________________________
____________________________________

Sub: Certificate of commissioning of equipment


---------------------

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:

Sl. No. Description Amount to be


rrecovered

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.

For Supplier For Purchaser

Signature ….………………………….. Signature…………………………..

Name ………………………………….. Name………………………………...

Designation ………………………….. Designation………………………….

Name of the firm………………………. Name of the Lab/Instt.……………...

Date ……….…………………………… Date………………………………….


Annexure–11

Format for declaration by the Bidder for Code of Integrity & conflict of interest

(On the Letter Head of the Bidder)

Ref. No: ______________________ Date _________________

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

Format of Affidavit of Self Certification regarding domestic value addition

Self-certification that the item offered meets the minimum local


content of 50% and shall give details of the location(s) at which the
local value addition is made in case the bidder wishes to avail the
benefits under the make in India policy (if applicable). In the
format given by nodal ministry .
Annexure-13
सीएसआईआर -केंद्रीय नमक व समुद्री रसायन अनुसंधान संस्थान
गिजूभाई बधेका मािग , भावनिर - 364002 िज
ु रात ( भारत )
इलेक्ट्रोगनक फंड रांसफर खाता गववरण
1 खाताधारक का नाम/ Name of account holder

पता /Address
2

3 ईमेल पता / e-mail address

4 दूरभाष संख्या/मोबाईल नंबर /Phone No./Mobile No.

5 फे क्स संख्या / Fax No.

6 स्थायी खाता नंबर /PAN No

7 बैंक खता का वििरण /Particulars of Bank Account

(क).बैंक का नाम / A. Name of the Bank

(ख).शाखा का नाम / B. Name of the Branch

(ग).शाखा कोड नंबर / C. Branch Code

(घ). पता / D. Address

(च). दरू भाष संख्या / E. Telephone No

(छ). खाता संख्या / F. Account No.

(ज). प्रकार /G. Type of Account

(झ). आई ऍफ़ एस सी कोड (आर.टी.जी.एस/ऍन.इ.ऍफ़.टी)


H. IFSC Code ( RTGS/NEFT)
(ट). एम.आई.सी.आर. कोड / I. MICR code

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.

Signature of the account holder


बेंक प्रमाणपत्र
यह सत्यावपत वकया जाता है वक मेससण ____________________ का खाता संख्या _______________ हमारे बेंक/शाखा मैं हैं और ऊपर वदए गए
वििरण हमारे अवभलेखन/ररकाडण के अनुसार सत्य है.
वदनांक: / /
स्थान : प्रावधकृ त अवधकारी का हस्ताक्षर एिम् बैंक का मुहर
Bank Certificate
It is certified that M/S ____________________ has an Account No _______________ with our Bank and it
is confirmed that the details given above are correct as per our record

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]

Tender No.: [insert number from Invitation for Bids]

Invitation for Bid No.: [insert No of IFB]

To: [insert complete name of Purchaser]

We, the undersigned, declare that:

(a) 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]

Name of Recipient Address Reason Amount

________________ _____________ _____________ ___________


________________ _____________ _____________ ___________
________________ _____________ _____________ ___________
(If none has been paid or is to be paid, indicate “none.”)
(h) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract
is prepared and executed.

(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]

Dated on ____________ day of ________________, _______ [insert date of signing]


Annexure-16
Annexure–17
Format of Integrity Pact

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”.

And …………………………………………………herein referred to as “The Bidder/


Contractor.”

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.

Section 1 – Commitments of the Principal

(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

(1) If the Bidder(s)/Contractor(s), before award or during execution has committed a


transgression through a violation of Section 2, above or in any other form such as to put
his reliability or credibility in question, the Principal is entitled to disqualify the
Bidder(s)/Contractor(s) from the tender process or take action as per the procedure
mentioned in the “Guidelines on Banning of business dealings”. Copy of the “Guidelines
on Banning of business dealings” is annexed and marked as Annex -“B”.

Section 4 – Compensation for Damages


(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover the damages
equivalent to Earnest Money Deposit/ Bid Security.

(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.

Section 5 – Previous transgression

(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.”

Section 6 – Equal treatment of all Bidders / Contractors/ Sub-contractors

(1) The Bidder(s)/Contractor(s) undertake(s) to demand from all Subcontractors a


commitment in conformity with this Integrity Pact, and to submit it to the Principal before
contract signing.

(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.

Section 7 – Criminal charges against violating Bidders / Contractors/ Subcontractors

(1) If the Principal obtains knowledge of conduct of a bidder, Contractor or Subcontractor or


of an employee or a representative or an associate of a bidder, Contractor or Subcontractor
which constitutes corruption, or if the Principal has substantive suspicion in this regard,
the Principal will inform the same to the Chief Vigilance Officer.

Section 8 - Independent External Monitors

(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.

Section 9 – Pact Duration

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.

Section 10 – Other provisions

(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…………………..

Witness 1:(Name & Address): ______________________________________________

Witness 2::(Name & Address): _____________________________________________


Annexure– 18
PRICE SCHEDULE FORM FOR GOODS BEING OFFERED FROM ABROAD

Name of the Bidder_______________________________ TENDER No.____________________________


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 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

Name of the Bidder_______________ Tender No.______________

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)

Note: Total Bid price in Indian currency______________________________


in words _________________________________________________
(a) The cost of optional items, if any shall be indicated separately
(b) Cost of Spares, if any Signature of Bidder _________________________________________

Name ___________________________________________________

Business Address _________________________________________


Annexure-20

BANK GUARANTEE FORM FOR ADVANCE PAYMENT


(Refer para 5.1.2 (ix)(n) & 6.5.1 (ii) (d) of the CSIR Manual)

To
__________________________(name of Purchaser)
__________________________(address of Purchaser)
__________________________(name of Contract)

Gentlemen:

In accordance with the provisions of the Purchase Order no. _________________,


dated_____________, M/s__________________ ______________________________,
(name and address of Supplier) (hereinafter called "the supplier") shall deposit
with___________(name of Purchaser) a bank guarantee to guarantee his proper and faithful
performance under the said Clause …. of the Contract in an amount of (amount of guarantee)
* ______________ (in words).

We, the __________________(bank or financial institution), as instructed by the Supplier,


agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety
merely, the payment to (name of Purchaser) on his first demand without whatsoever right of
objection on our part and without his first claim to the Supplier, in the amount not exceeding
_____________ (amount of guarantee)* _______________(in words).

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,

Signature and seal:


Name of bank/ financial institution:
Address:
Date:

_________ An amount is to be inserted by the bank or financial institution representing the


amount of the Advance Payment.

You might also like