F. No.3-43/ /S&S NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING (S&S Section)

Transcription

1 S.No Cost of Tender Document Rs.1,000/- F. No.3-43/ /S&S NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING (S&S Section) Tender Document for supply and installation of EPABX System of 300 lines extendable to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT Last Date & Time for submission of Bids at 3.00 PM Venue : S&S Section, Central Stores of NCERT, Workshop Building, National Council of Educational Research and Training Sri Aurobindo Marg, New Delhi

2 CONTENTS OF BIDDING DOCUMENTS S.No. Description of Items Page Numbers Chapter I Invitation for bids Chapter II Instructions to Bidders Chapter- III Bidding data sheet 18 - Chapter- IV Qualification criteria of bidder/tenderer Chapter-V Schedule of requirement and specification 21 - Chapter VI Bids submission forms Chapter- VII Condition of contract Chapter- VIII (A) Contract form (B) Acceptance test procedure 36 - Chapter- IX Manufacturer authorization form 37 - Chapter- X Notification for award of contract 38 - Chapter-XI Technical Bid Performa Chapter-XII EMD Performa 42 - Annexure A Black List Proforma 43 - Annexure B Financial Bid 44 - Annexure C Technical Specification of EPABX System

3 No. 3-43/ /S&SI NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING New Delhi NOTICE INVITING TENDER Sealed tenders under two bid system i.e Technical and Commercial Bids are invited from leading/reputed Original Equipments Manufacturers (OEM) or their authorized dealers only in separate sealed envelopes for the supply and installation of EPABX System of 300 lines extendable to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT. The Tender Document may be downloaded from the NCERT website: The completed Tender documents with a Crossed Demand Draft of Rs.1,000/- in favor of Secretary, NCERT, payable at New Delhi. (J.P.Bhulania) Sr. Stores Officer 3

4 CHAPTER-I TENDER DOCUMENT Subject: Supply and installation of EPABX System of 300 lines extendable to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT. The NCERT invites sealed tenders from leading/reputed Original Equipments Manufacturer (OEM) /or theirs Authorised Dealers only for the supply and installation of EPABX System of 300 lines extendable to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT. The annual turnover of the firm should be at least Rs.5.00 crores in each of the last three years , and The firm must have ISO or equivalent certification for communication items. The tender form containing the details of terms and conditions duly filled in along with the demand draft for Earnest money in favor of Secretary, NCERT should reach the Sr. Stores Officer, S&S Section, Central Store, Workshop Building, NCERT, Sri Aurobindo Marg, New Delhi latest by 3 p.m. on and shall be opened on same day at 3.30 p.m. One representative of the firm may be present at the time of opening of the Technical Bid. All interested and eligible bidders are requested to submit their bids duly filled in as per the criteria given in this document: 1. Technical Bid and EMD should be sealed in a separate envelope subscribing Technical Bid for Tender No: F.3-43/ /S&S 2. Commercial Bid should be sealed in a separate envelope subscribing Commercial Bid for Tender No: F.3-43/ /S&S 3. Demand Draft for Earnest money in favor of Secretary, NCERT must be put in separate cover with the Technical Bid and terms and conditions Both Technical and Commercial Bid envelopes should be enclosed and sealed in a separate envelope subscribing the Tender for the supply and installation of EPABX System of 300 lines extendable to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT. The sealed envelope should be addressed to: Sr. Stores Officer, S&S Section, Central Store, Workshop Building, NCERT, Sri Aurobindo Marg, New Delhi Last Date of Submission: up to 3:00 p.m. The completed Tender documents are to be submitted with Tender Fee Amount of Rs.1,000/- in cash or DD in favour of Secretary, NCERT, payable at New Delhi. Tender fee/ Demand draft must be kept in the Technical Bid. As such the Technical Bid envelope must have (i) duly filled in Technical Bid (ii) Demand Draft for EMD in separate cover and (iii) Demand draft for Tender Fee. 4

5 Introduction INVITATION FOR BIDS (Bid File No. 3-43/ /S&S) Date The National Council of Educational Research and Training (NCERT), New Delhi invites sealed bids from Leading/reputed original equipment manufacturers (OEM) or their authorized dealers only for the supply/installation of EPABX system of 300 lines extendable up to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT as per specifications mentioned in Annexure C. Table 1 S. No. Description of Items with specifications Quantity Amount of Earnest Money in 1. One complete set EPABX system of 300 lines extendable up to 600 lines (One ISDN PRI Line & 300 extensions) for the use in NIE Guest House, PG Hostel & CIET of NCERT (Detailed specifications of the EPABX System is enclosed at Annexure C One set along with complete accessories Rs.50,000/ The last date for receipt of Bids is at 3.00 PM. Technical bid will opened on same day at 3.30 pm The Bidding system will comprise a two envelop system, namely (i) Inner envelop and (ii) Outer envelop. The Inner envelope will comprise two envelopes containing the Technical Bid and Financial Bids. The Technical Bid shall be placed in a sealed envelop super-scribed Technical Bid. The Financial Bid shall be placed in another sealed envelop super-scribed Financial Bid. Both envelopes containing the Technical Bid and the Financial Bid shall be placed in one Outer envelope, superscribed Bid for the supply/installation of EPABX system of 300 lines extendable up to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT A complete set of Bidding Documents may be obtained by eligible Bidders from the Senior Stores Officer, S&S Section Workshop Building, NCERT, Sri Aurobindo Marg, New Delhi at the address given above from hours to hours and hours to hours of all working days from the date of publication till a day prior to the last date of receipt of the Bid indicated above on submission of a written application to the above and upon payment of a non-refundable fee of Rs.1,000/- (five hundred only) in cash or in the form of demand draft in favour of Secretary, NCERT, payable at New Delhi. All the Bids must be accompanied by Earnest Money for the amount specified in the form of Demand Draft/Bankers Cheque and must be enclosed in the envelop containing the Technical Bid. DD/BC shall be drawn in favour of Secretary, NCERT and payable at New Delhi Technical Bids will be opened in the presence of Bidder s/ or their representatives who choose to attend the bid opening at the date, time and address specified below. 5

6 Date Time 3.30 P.M. Place S&S Section, Central Store, Workshop Building, NCERT, Sri Aurobindo Marg,New Delhi If the Bidding Document is delivered by hand, it will be the responsibility of the Bidders to ensure that the completed Bidding Document is dropped in the sealed tender box available with the Sr. Stores Officer, Central Store of S&S, Workshop Building, NCERT, New Delhi. Any delay in receipt of Bid would be considered late submission of Bid and rejected. Mere handing over of the Bidding Documents at the Reception Counter or at any other counter or room or person shall not be considered submission of the Bid Bid Documents can also be downloaded from the NCERT Website Senior Stores Officer S&S Section, NCERT 6

7 CHAPTER- II INSTRUCTIONS TO BIDDERS A- INTRODUCTION 01. Scope of Bid National Council of Educational Research & Training (NCERT), Sri Aurobindo Marg, New Delhi , hereinafter referred to as the Purchaser, issues this Bidding Documents for the supply/installation of EPABX system of 300 lines extendable up to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT as Specified in chapter- V, Schedule of Requirements and Specifications. 02. Budget Provision The Purchaser has the budget provision for purchase of the intended goods for which the Bid Invitation is issued. 03. Eligible Bidders This invitation of Bids is open to all the leading/reputed original equipment manufacturer (OEM) or their authorized dealers only for the supply/installation of EPABX system of 300 lines extendable up to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT as per Qualification Criteria given in Chapter-IV. The authorized Dealer should enclose a letter of authority in prescribed format from the concerned manufacturer to submit his/her tender on behalf of the said manufacturers accompanied with an undertaking by the manufacturer that they shall supply the item in question in time if any order is placed with them. In the event that such a document is not produced the tender shall be rejected. The bidder should furnish the required information in Chapter- IV, the Qualification Criteria. 04. Eligible Goods and Services All goods and ancillary service to be supplied under the contract shall authorizing available in India and all expenditure made under the contract will be limited to such goods and services. 05. Cost of Bidding Documents The Bidder shall bear all costs associated with the preparation and submission of his/her 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. 7

8 B. BIDDING DOCUMENTS 06. Chapter of the Bidding Documents The Bidding Documents consist of Parts 1 & 2, which include all the Chapters indicated below, and should be read in conjunction with any addendum issued in accordance with Clause 6. Part 1: Bidding Procedures Chapter -I Invitation for Bids Chapter -II Instructions to Bidders Chapter- III Bidding Data Sheet Chapter -IV. Qualification Criteria Chapter- V Schedule of Requirements and Specifications Chapter- IX. Manufacturer Authorisatiion Certificate Part 2: Contract Chapter- VI Bid Submission Form and Price Schedule Chapter- VII Conditions of Contract Chapter- VIII Contract Forms The Purchaser is not responsible for the completeness of the Bidding Documents and their addendum, if they were not supplied by the Purchaser. The Bidder is excepted to examine all instructions, forms, terms, and specifications in the Bidding Documents. Failure to furnish all information or Documentation required by the Bidding Documents may result in the rejection of the Bid. 07. Amendment of Bidding Document 7. 1 At any time prior to the deadline for submission of Bids, the Purchaser may amend the Bidding Document by issuing an addendum The amendment will be notified in writing or by fax to all prospective Bidders who have directly purchased the bidding document, and will also be displayed on the Website of Purchaser. The amendment will be binding on all Bidders. In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing their Bid, the Purchaser may, at its discretion, extend the deadline for the submission of Bids. 8

9 C- PREPARATION OF BIDS 8- Language of Bid 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 or Hindi Language, provided that any printed literature furnished by the Bidder may be another Language so long as it is accompanied by an accurate translation in English/Hindi of its pertinent passages. 9-Document Comprising the Bid The Bid submitted by the Bidder shall be in two separate parts Part I : (i) (ii) (iv) This shall be named Technical Bid (as per proforma enclosed)and shall consist of : In the case of Bidding Document down loaded from the Website, a demand draft in favour of the Secretary, NCERT payable at New Delhi for Rs.1,000/- as the cost of Bidding Document. This shall be placed in a separate cover and marked Cost of Bidding Document down loaded from the internet. Earnest Money in a separate cover marked Earnest Money ; Documentary evidence established in accordance with Clause 14 that the Equipment to be supplied by the Bidder conform to the Bidding Document. Written confirmation authorizing the signatory of the Bid to bind the bidder to the contract. Undertaking that the Bid shall remain valid for the period specified. An affidavit affirming that information he/she has furnished in the Bidding Document is correct to the best of his/her knowledge and belief. A certificate of the quantity of EPABX system with accessories that the Bidder will supply which must be equal to or more than the minimum prescribed quantity in table I of Chapter I. Manufacturers authorization certificates as per Chapter IX. Such other information as may be specified in the Bidding Data Sheet. Part II: This shall be named Financial Bid and shall consist of : (i) (ii) Price Bid of quantities for items specified in Schedule of Requirement and Specifications in Chapter V. The following documents, not submitted with the Bid, shall be deemed to be part of the Bid. 9

10 Chapter Chapter- I Chapter- II Chapter- III Chapter-IV Chapter- V Chapter- VII Chapter- VIII Particulars Invitation for Bids Instructions to Bidders Bidding Data Sheet Qualification Criteria Schedule of Requirement and specification Condition of Contract Contract Form 10. Bid Submission Form The Bidder shall complete and submit the Bid Submission Form. This form must be completed without any alterations to its format, and no substitutes will be accepted. All blank spaces shall be filled in with the information requested. 11- Bid Prices The Bidder shall indicate on the Bid Submission Form and Price Schedule the Unit Price and Total Bid Price of the goods he/she proposed to supply under the contract. Prices quoted by the Bidder shall remain fixed during the Bidder s performance of the contract and not be subject to variation on any account. A Bid submitted with an adjustable price will be treated as non-responsive and will be rejected. Bid Price will not be adjusted for any unconditional or conditional discount offered by the Bidder. Prices indicated on the Price Schedule shall be entered separately taking into account the Basic Rate, Excise Duty, Cess, CST/VAT, freight, including loading and unloading cost and any other charges (e.g., Insurance) and the Total unit Price 12- Bid Currencies The Bidder shall quote in Indian Rupees only. 13- Document Establishing Bidders Eligibility and Qualifications 13.1 The Bidder shall complete the Bid Submission Form, included in Chapter- VI The Bidder shall provide documentary evidence of his/her eligibility and qualifications to perform the contract (to the Purchaser s satisfaction) if his/her Bid is accepted, as per the Qualification Criteria specified in Chapter- IV. 14 Documents Establishing Goods Eligibility and Conformity to Bidding Documents To establish conformity of the Equipment to the Bidding Documents, the Bidder shall furnish as part of his Technical Bid as documentary evidence that the 10

11 equipment conforms to the technical specifications and standards including Compliance Statement, of specification listed in Chapter-V Schedule of Requirements & Specification. The documentary evidence may be in the form of literature, drawings or data, and shall consist of a detailed item by item description of the essential technical and performance characteristics of the Equipment and Related Services, demonstrating substantial responsiveness of the Equipment and Related Services to the technical specification, and if applicable, a statement of deviations and exceptions to the provisions of the Schedule of requirements. The Bidder shall also furnish 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 Equipment during the period specified in the Biding Data Sheet (BDS) following commencement of the use of the Equipment by the Purchaser. Standards for workmanship, process, material, and equipment, as well as references to brand names or catalogue numbers specified by the Purchaser in the Schedule of requirements, are intended to be descriptive only and not restrictive. The Bidder may offer other standards of quality, brand names, and/or catalogue numbers, provided that it demonstrates, to the Purchaser s satisfaction, that the substitutions ensure substantial equivalence or are superior to those specified in the Schedule of Requirements. 15. Earnest Money (As per chapter XII) The Bidder shall furnish, as part of his bid, Earnest Money in the amount specified in the Bidding Data Sheet The Earnest Money is required to protect the Purchaser against the risk of Bidder s conduct which would warrant forfeiture of Earnest Money,.The Earnest Money shall be in one of the following form: Demand Draft in favour of the Secretary, NCERT, payable at New Delhi. issued by any Scheduled Bank valid for a period of 60 days beyond the Bid Validity Period. No interest will be payable by NCERT on EMD. Any bid from a Bidder not accompanied with EMD will be summarily rejected by the Purchaser as nonresponsive. The Earnest Money of unsuccessful Bidders will be discharged/returned as promptly as possible after the expiration of the period of Bid Validity prescribed by the Purchaser, pursuant to period of validity of Bids but not later than 30 days of the award of contract to the successful Bidder. The successful Bidder s Earnest Money will be discharged upon the Bidder signing the contract, pursuant to Clause 30 (Signing of Contract) and furnishing the Performance Security, pursuant to Clause 31 (Performance Security). Earnest Money shall be forfeited: (a) (b) If a Bidder withdraws his/her Bid or does not accept the correction of errors during the period of Bid validity specified by the Bidder on the Bid form; or In case of the successful Bidder, if the Bidder fails, to sign the contract or to furnish Performance Security. 11

12 16. Period of Validity of Bid Bids shall remain valid for 120 days as specified in the Bidding Data Sheet after the date of Bid opening prescribed by the Purchaser. Any Bid valid for a shorter period than the period specified shall be rejected by the Purchaser as nonresponsive. In exceptional circumstances, the Purchaser may solicit the Bidder s consent to an extension of the period of Bid validity. The request and the responses thereto shall be made in writing or by fax. The Earnest Money provided shall also be suitably extended in such case. A Bidder may refuse the request without forfeiting its Earnest Money. A Bidder accepting the request for extension of Bid validity will not be required nor permitted to modify his/her Bid. 17. Formats and Signing of Bids The Bidder shall submit one copy of the Bid The bid shall be typed or written in indelible ink and shall be signed by the bidder or a person or person duly authorized to bind the bidder to the contract. The letter of authorization shall be indicated by the return power of attorney accompanying the Bid. All pages of the Bid, except for unamended printed literature shall be initialed by the person or persons signing the bid The Bid shall not contain any interlineations, erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the persons or persons signing the Bid. D. SUBMISSION OF BIDS 18. Sealing and Marking of Bids The Bidder shall place the two separate envelopes (called inner envelopes) Marked Technical Bid and Financial Bid in one outer envelope. The inner envelopes will have markings as follows: Technical Bid (As per Chapter XI): To be opened on at 3.30 P.M. as specified in the Bidding Data Sheet. Financial Bid: As per Annexure B 18.2 The inner and outer envelopes containing the Technical and Financial Bids shall be: Addressed to the Purchaser at the address specified in the Bidding Data Sheet. Financial Bid s envelope shall have the marking Do not open Financial Bid till finalization of evaluation of Technical Bid The inner envelopes shall indicate the name and address of the Bidder to enable the bid to be returned unopened in case it is declared "late". If the outer 12

13 envelope is not sealed and marked, the Purchaser will assume no responsibility for the Bid's misplacement or premature opening. 19. Deadline for Submission of Bids Bid must be received by the Purchaser at the address specified and not later than the time and date specified in the Bidding Data Sheet. In the event of the specified date for the submission of Bid being declared a holiday for the Purchaser, the Bid will be received up to the appointed time on the next working day. The Purchaser may, at its discretion, extend this deadline for submission of Bid by amending the Bidding Documents in accordance with Clause 07, in which case all rights and obligations of the Purchaser and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended. It shall be the responsibility of the Bidders to ensure that the completed Bidding Document is dropped in the sealed tender box available with the Senior Stores Officer, Central Stores of S&S Section, NCERT, Sri Aurobindo Marg, New Delhi, if the Bid is to be delivered by hand. 20. Late Bid Any Bid received by the Purchaser after the deadline for submission of Bid prescribed by the Purchaser, pursuant to Clause 19, will be rejected and/or returned unopened to the Bidder E. OPENING AND EVALUATION OF BID 21. Opening of Bids by the Purchaser The Purchaser will open the Bids received (except those received late) in the presence of the Bidders/Bidders representatives who choose to attend at the time, date and place specified in the Bidding Data Sheet. In the event of the specified date for the submission of Bids being declared a holiday for the Purchaser, the Bids will be opened at the appointed time and location on the next working day. The envelope containing the Technical Bid shall be opened. The inner envelope marked Cost of Bidding Document downloaded from the Internet will be opened first, and if the Demand Draft for the cost of the Bidding Documents is not there, or incomplete, the remaining Bid Documents will not be opened, and Bid will be rejected. In all cases, the amount of Earnest Money and validity shall be announced. Thereafter, the Bidders names and such other details as the Purchaser may consider appropriate, will be announced by the Purchaser. The Purchaser will prepare minutes of the Bid Opening, including the Information disclosed to those present in the meeting. 13

14 The evaluation of Technical Bids will be commenced within two three days after the opening of the Technical Bids. Evaluation will be made with respect to Earnest Money. The Financial Bid of only those Bidders who qualify in the evaluation of the Technical Bid will be considered. The Purchaser shall inform the Bidders, whose Technical Bid are found responsive, of the date, time and place of opening of the Financial Bid. The Bidders so informed, or their representative(s), may attend the meeting of opening of Financial Bid. At the time of the opening of the Financial Bid, the names of the Bidders whose Technical Bids were found responsive will be announced. The Financial Bid of only these Bidders will be opened. The remaining Bids will be returned unopened to the Bidders. The Bidder s names, the Bid prices, the total amount of each Bid, and such other details as the Purchaser may consider appropriate will be announced by the Purchaser at the time of Financial Bid opening. Any Bid Price which is not read out and recorded will not be taken into account in Bid Evaluation. The Purchaser shall prepare the minutes of the opening of the Financial Bid. 22. Clarification of Bids and Contacting the Purchaser To assist in the examination, evaluation and comparison of Bids, the Purchaser may, at its discretion, ask the Bidder for a clarification of his/her Bid. The request for clarification and the response shall be in writing. No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetical errors discovered by the Purchaser in the Evaluation of the Bids. No Bidder shall contact the Purchaser on any matter relating to his/her Bid from the time of the Bid opening to the time of notification of Award. Any attempt by the Bidder to influence the Purchaser s Bid Evaluation, Bid Comparison or the decision of placing the purchase order, may result in the rejection of his Bid. 23. Responsiveness of Bids During the detailed evaluation of Technical Bids, the Purchaser shall determine whether each Bid (a) meets the eligibility criteria defined in Clauses 3; (b) has been properly signed; (c) is accompanied by the required Earnest Money, (d) meets the Required quantity of Bid, specified in Chapter-V Schedule of Requirement and Specification, and (e) is substantially responsive to the requirements of the Bidding Documents. During the detailed evaluation of the Financial Bids, the responsiveness of the Bids will be further determined with respect to the remaining Bidding conditions, i.e., Schedule of Requirement and Specifications, Chapter -V. Bids from agents, without proper authorization from the manufacturer as per Chapter IX, and principal s original proforma invoice with the break-up of Price shall be treated as non-responsive and rejected. 14

15 A substantially responsive Financial Bid is one which conforms to all the terms, conditions, and specifications of the Bidding Documents, without material deviation or reservation. A material deviation or reservation is one which affects in any substantial way the scope, quality or performance of the Equipment/System; (b) which limits in any substantial way, inconsistent with the Bidding Documents, the Purchaser s rights or the Bidder s obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting substantially responsive Bids. If a Financial Bid is not substantially responsive, it will be rejected by the Purchaser, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation. Provided that a Bid is substantially responsive, the Purchaser may waive any non-conformities or omissions in the Bid that do not constitute a material deviation. 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 Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid. The Purchaser s determination as to the substantial responsiveness or otherwise of each Bid or consideration of a minor informality or non-conformity or irregularity is final and conclusive. 24. Correction of Errors Bids determined to be substantially responsive will be checked by the Purchaser for any arithmetic errors. Errors will be corrected by the Purchaser as follow Where is a discrepancy between the rates in figures and in words, the rate in words will govern; and Where there is a discrepancy between the unit rate and the total cost resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern The amount stated in the Bid will be corrected by the Purchaser in accordance with the above procedure for removal of errors and shall be considered as binding upon the Bidder. If the Bidder does not accept the corrected amount, the Bid will be rejected, and the Earnest Money shall be forfeited. 25. Preferences The Purchaser will allow the Purchase Preference to Public Sector Undertakings, in accordance with the Government of India directions in force. Incase of Purchase Preference is granted to a PSU in accordance with Govt.of India orders, the lowest substantive responsive Bidder may be awarded the contract up to 20 (Twenty) percent quantity of the total Bid. 15

16 F. Award of Contract 26. Award Criteria Subject to Clause 31, the Purchaser will be placing Contract to the successful Bidder whose Bid has been determined to be substantially responsive and has been determined as the lowest evaluated Bid and or to the PSU whose rates fall under Purchase Preference rules of the Govt. of India. 27. Purchaser's Right to Vary Quantities At the time of Award of Contract the Purchaser reserves the right to increase or decrease the quantity of goods by up to 25 (twenty five) percent from quantity originally specified in the Schedule of Requirements and Specification Chapter V in respect of the additional quantity as per tender document. 28. Purchaser's right to accept any Bid and to Reject any or all Bids The Purchaser reserves the right to accept or reject any Bid, and to annul the Bidding process and reject all Bids at any time prior to Award of Contract without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Purchaser s action. 29. Notification of Award Prior to the expiration of the period of Bid Validity, the Purchaser will notify the successful Bidder in writing by registered letter AD or fax (fax to be confirmed in writing by registered letter A.D.), that his/her Bid has been accepted The notification of award will constitute the formation of the Contract Upon the successful Bidder s furnishing of Performance Security pursuant to Clause 31, the Purchaser will promptly notify each unsuccessful Bidder and will discharge his/her Earnest Money, pursuant to Clause Signing of contract At the same time as the Purchaser notifies the successful Bidder that his/her Bid has been accepted, the Purchaser will send the Bidder the Contract Form provided in Chapter VIII of the Bidding Documents incorporating all agreement between the parties Within seven (7) days of receipt of the Contract Form the successful Bidder shall sign and date the Contract and return it to the Purchaser. 16

17 31. Performance Security In case of tenderer whose tenders are not considered for placing order, the earnest money deposit shall be refunded without any interest within one month of the decision. In the case of tenderers whose tender are accepted for placing the order, tenderers shall give Security Deposit equivalent to 10% (ten percent) of the value of the PURCHASE ORDER in the shape of DD/BC drawn in favour of Secretary, NCERT from Nationalized/Commercial Bank and payable at New Delhi. Further, such performance security should remain valid for a period of 60 days beyond the date of completion of all contractual obligations including warranty/guarantee obligations under the purchase order and no interest shall be paid. Also, performance security will liable to be forfeited in the event of non-fulfillment of the purchase order/contract of the successful bidder. On performance and completion of all the obligations under the purchase order in all respects, the Performance Guarantee Bond will be returned to the vendor without any interest Failure of the successful Bidder to comply with the requirement of Clause 30 or Clause 31 shall constitute sufficient grounds for annulment of the award and forfeiture of the Earnest Money, in which event the Purchaser may make the award to the next lowest Evaluated Bidder or call for new Bids. 32. Corrupt or Fraudulent Practices The Purchaser requires the Bidders to strictly observe the laws against fraud and corruption in force in India, namely, Prevention of Corruption Act,

18 Chapter-III BIDDING DATA SHEET (BDS) The following specific data for the Equipment/Items to be procured shall complement, supplement, or amend the provisions in Chapter II, entitled Instructions to Bidders. Whenever there is a conflict, the provisions herein shall prevail over those in the Instruction to Bidders. Clause No. Items The Purchaser address is: Secretary NCERT Sri Aurobindo Marg, New Delhi Telephone: , / Fax: Contact Officer: The amount of Earnest Money: Sr. No. Description of Items Amount of EMD Rupees 1 One complete set EPABX system of 300 lines extendable up to 600 lines (One ISDN PRI Line & 300 extensions) for the use in NIE Guest House, PG Hostel & CIET of NCERT (Detailed specifications of the EPABX System is enclosed at Annexure C Rs.50,000/- 2 The bid validity period shall be 120 days after the date of Bid open. 3 The date and time of opening the Technical Bids are: Date: Time: 3.30 P.M. 4 Deadline for submission of Bid: 5 Date: Time 3.00 P.M. The bid opening shall take place at Sr. Stores Officer, Central Store, S&S Section, Workshop Building, NCERT, Sri Aurobindo Marg, New Delhi

19 CHAPTER- IV QUALIFICATION CRITERIA The bidder shall be leading/reputed/eligible Original Equipment Manufacturer (OEM) or their authorized dealer only for the purchase/supply/installation of one EPABX system of 300 lines extendable up to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT S. No. Description of Equipments Quantity of Equipments required One complete set EPABX system of 300 lines extendable up to 600 lines (One ISDN PRI Line & 300 extensions) for the use in NIE Guest House, PG Hostel & CIET of NCERT (Detailed specifications of the EPABX System is enclosed at Annexure C One set along with complete accessories The Firm Shall produce documentary evidence of satisfactory performance for last 12 months from buyers. Details of Annual turnover which should not be less than Rs.5.00 crores each of consistently from the past 3 years in respect of Complete set of EPABX SYSTEM of 300 lines extendable up to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT copy of audited balance sheet duly certified/audited by CA should be attached. The Original Equipment Manufacturer shall have established their own service centers at New Delhi/NCR for service support infrastructure and have local after sale service facility with availability of spares part of the supplied EPABX system for ten years, for which documentary evidence to be submitted with the bid. 3. The bidder shall be capable and equipped with facilities of future up gradation and subsequent training on the system. The comprehensive warranty on site for a period of one year without any additional charges, should be indicated in the bid form in respect of EPABX system of 300 lines extendable up to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT only. The bidder should have the certificate of ISO. The tenderer must be Leading/Reputed Original Equipment Manufacturer (OEM) or their authorized dealer only EPABX system of 300 lines extendable up to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT only. The tenderer should have conducted business in India for more than 10 years for EPABX system of 300 lines extendable up to 600 lines. 19

20 Authentic Documents in support of Annual turnover duly certified by Charted Accountant for the last two years i.e , and The tenderer must have a Annual minimum turnover of Rs.5.00 Crore for EPABX system of 300 lines extendable up to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT only for the last 3 financial years i.e , and (balance sheet duly signed by the Charted Accountant for the same may be enclosed). The vendor should have executed at least orders of more than Rs Lacs in the last 3 years. EPABX system of 300 lines extendable up to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT only (In this regard, documentary evidence duly certified by the company may be enclosed with the tender document). The vendor should be ready to supply and execute the complete project directly. The tenderer must provide financial capability cum Bank Solvency letter of its own firm for an amount of Rs Crores from any Scheduled Bank in respect EPABX system of 300 lines extendable up to 600 lines for the use in NIE Guest House, PG Hostel & CIET of NCERT only. Insurance Cover Note from Original Equipment Manufacturer of spares covering NCERT locations should be furnished by the tenderer. After award of contract, 10% performance security of the total value of the contract/purchase order in the shape of DD/BC drawn in favour of Secretary, NCERT from Nationalized/Commercial Bank and payable at New Delhi. Further, such performance security should remain valid for a period of 60 days beyond the date of completion of all contractual obligation including warranty/guarantee obligations under the purchase order and no interest shall be paid. Further, Performance Security will liable to be forfeited in the event of non fulfillment of the purchase order/contract by the successful bidder. Each manufacturers/vender is required to submit an undertaking to the effect that they are not blacklisted by any State or Union of India. 20

21 CHAPTER V 1) SCHEDULE OF REQUIREMENT AND SPECIFICATIONS/SCOPE OF WORK All the item should be according to the specifications given below:- S. N. Description of Items with specifications Quantity Amount of Earnest Money in 1. One complete set EPABX system of 300 lines extendable up to 600 lines (One ISDN PRI Line & 300 extensions) for the use in NIE Guest House, PG Hostel & CIET of NCERT (Detailed specifications of the EPABX System is enclosed at Annexure C One set along with complete accessories Rs.50,000/- 21

22 CHAPTER VI BID SUBMISSION FORM To, Dated: -... Sir/Madam, The Secretary National Council of Educational Research and Training NCERT, Sri Aurobindo Marg, New Delhi Having examined the Bidding Documents including Addenda Numbers : the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver As per the detailed break up given in the price schedule and in conformity with the said bidding documents for the sum of Rupees (Total bid amount in words and figures) or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith an made part of this Bid. We undertake, if our bid is accepted, to deliver the goods in accordance with the delivery schedule specified in the Technical Bid. If our bid is accepted, we will furnish the performance security deposit equivalent to the 10% of the contract/purchase order value of the Contract, in the form prescribed by the Purchaser. We agreed to abide by this Bid for the Bid validity period of 120 days from the date of opening of Technical Bid. It shall remain binding upon us and may be accepted at any time before the expiration of that period. We agree that the following documents are deemed to be the part of the Bid. Chapter Particulars Chapter- I Chapter- II Chapter- III Chapter- IV Chapter- V Chapter- VII Section VIII Invitations to Bid Instructions to Bidders Bidding Data Sheet Qualification Criteria Schedule of Requirement and Specifications Condition of Contract Contract Form 22

23 Until a formal contract is prepared and executed, this Bid, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us. We undertake that, in competing for (and, if the award is made to us, in executing) the above Contract, we will strictly observe the laws against fraud and corruption in force in India namely "Prevention of Corruption Act 1988". We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in bribery. We understand that you are not bound to accept the lowest or any Bid you may receive. We attach here with an affidavit confirming that the information furnished in the Bid is correct to the best of our knowledge and belief. We clarify/confirm that we comply with the eligibility requirements as per Bidding Documents. the Dated this...day of (Signature) Duly authorized to sign Bid for and on behalf of 23

24 CHAPTER- VII CONDITIONS OF CONTRACT INDEX Definitions Contract Documents Entire Agreement Specification and Standards Patent Rights Performance Security Inspections and Tests Packing of IT equipments and Risk coverage Delivery and Documents Insurance Incidental Services Warranty Terms of Payment Prices Contract Amendment Assignment Delays in Supplies Performance Liquidated Damages Termination for Default Force Majeure Clause Termination of Insolvency Termination of Convenience Resolution of Disputes Governing Language Notices Taxes and Duties Adherence to specifications Additional Order Maintenance 24

25 CONDITIONS OF CONTRACT INDEX Definitions In this Contract, the following terms shall be interpreted as indicated : The Contract means the agreement entered into between the Purchaser and the Supplier, as recorded in the Contract Form signed by both parties, including all the attachments and appendices thereto and all documents incorporated by reference therein. Contract Documents means the documents listed in the Contract Agreement, including any amendments thereto. Contract Price means the price payable to the Supplier as specified in the Purchase Order Agreement, subject to such additions and adjustments thereto or deductions there from, as may be made pursuant to the Contract. Day means calendar day. Completion means the fulfillment of supply of EPABX System, Installation and satisfactory working by the Supplier in accordance with the terms and conditions set forth in the Contract with higher version of same parts of the equipment on the same price. COC means the Conditions of Contract. EPABX System means all of the commodities and/or other materials that the Supplier is required to supply to the Purchaser under the Contract. To complete the system specified. The Purchaser means the NCERT, New Delhi and includes its successor and assignees, Related Services and Services means services ancillary to the supply of the EPABX System, such as transportation, insurance, custom clearance and any other incidental services and other obligations of the Supplier covered under the contract; 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. 25

26 Contract Document Subject to the order of precedence set forth below, 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. Contract Agreement Condition of Work Schedule of Requirements and Specifications Bid Submission Form and Price Schedule Instruction to Bidders with BDS Notice inviting Bids (a) Performance Security Deposit (b ) Manufacturers Authorization form. Entire Agreement The Contract constitutes the entire agreement between the Purchaser and the Supplier and supersedes all communications, negotiations and agreements (whether written or oral) of the parties with respect thereto made prior to the date of Contract. No amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto. Specifications and Standards EPABX System supplied under this Contract shall conform to the standards mentioned in the Specifications and standards mentioned in the Schedule of Requirements and Specifications. Patent Rights The Supplier shall indemnify the Purchaser against all third-party claims of infringement of patent, trademark or industrial design rights arising from use of the EPABX System or any part thereof in the Purchaser s country. Performance Security In the case of tenderers whose tender are accepted for placing the order, tenderers shall give Security Deposit equivalent to 10% (ten percent) of the value of the PURCHASE ORDER in the shape of DD/BC drawn in favour of Secretary, NCERT from Nationalized/Commercial Bank and payable at New Delhi. Further, such performance security should remain valid for a period of 60 days beyond the date of completion of all contractual obligations including warranty/guarantee obligations under the purchase order and no interest shall be paid. Also, performance security will liable to be forfeited in the event of non-fulfillment of the purchase order/contract of the successful bidder. On performance and completion of 26

27 all the obligations under the purchase order in all respects, the Performance Guarantee Bond will be returned to the vendor without any interest. Inspections and Tests Inspection and testing will be conducted by the Purchaser as per the specification in Chapter- V Schedule of Requirement & Specification. The inspections and tests will be conducted at the premises of the Supplier at point of delivery and at the final destination of the EPABX system All reasonable facilities and assistance, shall be furnished to the Inspectors at no charge to the Purchaser. Should any inspected or tested EPABX system fail to conform to the specifications, the Purchaser may reject them and the Supplier shall either replace the rejected EPABX system or make all alterations necessary to meet specification requirements free of cost to the Purchaser, within a period of 10 (Ten) days of intimating such rejection. The Purchaser s right to inspect, test and, where necessary, reject EPABX system after the EPABX system arrival at the final destination shall in no way be limited or waived by reason of the EPABX system having previously been inspected, tested and passed by the Purchaser or its representative prior to the EPABX system is patch from the place of manufacture. Nothing in Clause 06 shall in any way release the Supplier from any guarantee or other obligations under this contract. Packing of EPABX system and Risk coverage The EPABX system shall be packed securely, intact and marked properly to avoid loss and damage in transit. The EPABX system is to be packed and dispatched in separate cartons marked clearly Secretary, NCERT, Sri Aurobindo Marg, New Delhi The supplier will be fully responsible for any damages during transit period of the EPABX System, which will be replaced by the firm free of cost. Delivery and Documents Delivery of the Equipment shall be made by the Supplier in accordance with the terms specified by the Purchaser in the Notification of Award. Within 24 hours of dispatch, the Supplier shall notify the Purchaser, consignee, the full details of dispatch and also supply the following documents : 27

28 Copies of Supplier s Invoice showing EPABX system description, quantity, unit price and total amount. Packing lists Brief description of items dispatched document with their value. Packing list package-wise. Inspection Certificate issued by the nominated inspection agency, where applicable, and the supplier s factory inspection report, Any other document specified in the notification of Award of Contract. The above documents shall be received by the Purchaser before arrival of the equipment and if not received, the supplier will be responsible for any consequent expenses. Insurance The Indian Supplier of EPABX system supplied under the contract shall be fully insured by the Supplier at his/her own cost against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery. The cost of transit Insurance will be arranged by the supplier from the place of boarding to the destination that is NCERT, New Delhi. Incidental Services As specified in the Contract Form the Supplier may be required to provide any or all of the following services, including additional services: (A). Loading at point of dispatch (B). Unloading at point of delivery No additional costs will be borne by the purchaser towards these services The supplier or his representatives shall be responsible for all liasioning work i.e. necessary transactions such as Road permit etc. 28

29 The Bidder will be coordinating with his principal manufacturer and will be responsible for all transactions related for safe delivery of the equipment at the premises of NCERT, New Delhi. NCERT is not liable to pay any penalty/demurrage/other expresses if any during transit of the equipment from the manufacturer end of NCERT. Warranty The Supplier Warranty that the EPABX system supplied under this Contract are New and first quality, unused and of the most recent production. The Supplier further warrants that all EPABX system supplied under this Contract shall have no defect (even concealed) arising from design, materials or workmanship or from any act or omission of the supplier, that may develop under normal use of the supplied Equipment. This warranty shall remain valid for 12 months after the successful installation/commissioning of EPABX system. The Purchaser /indenter shall promptly notify the Supplier in writing of any claims arising under this warranty. Upon receipt of such notice, the Supplier shall, with all reasonable speed, replace the defective EPABX system or parts thereof, free of cost at the ultimate destination. The Supplier shall take over the replaced EPABX system at the time of their replacement. No claim whatsoever shall lie on the Purchaser for the replaced Equipment thereafter. If the Supplier, having been notified, fails to remedy the defect(s) within a reasonable period, the Purchaser may proceed to take such remedial action as may be necessary, at the Supplier s risk and expense and without prejudice to any other rights which the Purchaser may have against the Supplier under the contract. The warranty for defective EPABX system will begin de novo from the date of replacement. Supplier will pay all taxes, and duty and all expenses up to the destination for the replaced EPABX system. The supplier shall warrant/ensure after, sale service and availability of spares for the supplied equipment for a period of at least 10 years. Terms of Payment No advance payment will be made. Those firm who do not accept the above terms and conditions need not quote their rates. The tenderers demanding advance payment in full or part are also liable to be rejected without any notice. Full payment will be made against the duly stamped pre-receipted bill in triplicate after acceptance of the inspection and successful installation of the item. If any unit of the store found to be defective, the same will have to be replaced by the firm free of cost. Alternatively, the stores shall be purchased from others sources at the risk and cost of the tenderer/supplier. 100% payment will be released after receipt of material in good condition and approved by the NCERT. 29