GOVT. OF KARNATAKA. Telephones: , , Fax:

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1 GOVT. OF KARNATAKA Commissioner for Public Instruction At Department of State Education Research and Training, N0. 4, 100, Feet Ring Road, Banashankari 3 rd Stage, Bangalore Telephones: , , Fax: INVITATION FOR TECHNICAL AND COMMERCIAL TENDER FOR (a) SUPPLY AND INSTALLATION OF COMPUTER HARDWARE, SOFTWARE PERIPHERALS etc ON OUTRIGHT SALE BASIS (b) FOR PROVIDING COMPUTER EDUCATION SERVICES AND (c) ANNUAL MAINTENANCE DURING THE PROJECT PERIOD OF FIVE YEARS FROM IN 480 SELECTED GOVERNMENT HIGH SCHOOLS IN KARNATAKA UNDER CENTRALLY SPONSORED ICT PROJECT TENDER DOCUMENT (to be used for furnishing Tenders by the eligible firms) Address for communication: The Commissioner for Public Instruction At Dept. of State Education Research & Training No.4, 100 Feet Ring Road, Banashankari 3 rd Stage, Bangalore Phone: , , dsert@dataone.in, dsert.etc@gmail.com Fax :

2 GOVERNMENT OF KARNATAKA The Commissioner for Public Instruction At Department of State Education Research & Training No.4, 100 Feet Ring Road, Banashankari 3 rd Stage, Bangalore Phone: , , Fax : dsert@dataone.in, dsert.etc@gmail.com INVITATION FOR TECHNICAL AND COMMERCIAL TENDERS FOR (a) SUPPLY AND INSTALLATION OF COMPUTER HARDWARE, SOFTWARE PERIPHERALS etc ON OUTRIGHT SALE BASIS (b) FOR PROVIDING COMPUTER EDUCATION SERVICES AND (c) ANNUAL MAINTENANCE DURING THE PROJECT PERIOD OF FIVE YEARS FROM IN 480 SELECTED GOVERNMENT HIGH SCHOOLS IN KARNATAKA UNDER CENTRALLY SPONSORED ICT PROJECT 1 Tender Reference No.ETC2/ICT-17/ Dated: Period of sale of Tender document From: to Date & Place of Pre Tender Meeting at 4.00 P.M. at Office of the Commissioner for Public Instructions, New Public Office, K.R.Circle, Nrupathunga Road, Bangalore Last date & time for sale of Tender at A.M. document 5 Last date & time for receipt of Tenders at 3.00 P.M. 6 Time & date of opening of cover one at 4.00 P.M. of Tenders 7 Place of opening of First Envelop of Tenders 8 Time & date of opening of Second Envelop of Tenders Office of the Director Dept. of State Education Research & Training, No.4, 100 Feet Ring Road, Banashankari 3 rd Stage, Bangalore Phone No , , Will be intimated to the Qualified Tenderers 9 Place of opening of cover two of Tenders Will be intimated to the Qualified Tenderers 10 Address for Communication Office of the Director Dept. of State Education Research & Training, No.4,100 Feet Ring Road, Banashankari 3 rd Stage, Bangalore PH Number , , SD/- COMMISSIONER FOR PUBLIC INSTRUCTION 2

3 SECTION I INVITATION FOR TENDERS (IFT) Date: IFT No.: ETC2/ICT-17/ The Commissioner for Public Instruction, At Department of State Education Research & Training, Government of Karnataka, invites Tenders from eligible Tenderers, for (a) supply and installation of computer hardware, software peripherals etc on outright sale basis (b) for providing computer education services and (c) annual maintenance during the project period of 5 years from in 480 selected Government high schools in karnataka under centrally sponsored Schools project. 2. The Tenderers may submit the Tenders for any or all the districts. Tenderers are advised to note the qualification criteria specified in Section II to qualify for award of the contract. 3. Tender documents (and additional copies) may be purchased from the Office of the Director Department of State Education Research & Training, No.4, 100 Feet Ring Road, Banashankari 3 rd Stage, Bangalore during office hours, for a non refundable fee of Rs.11, ( Rupees Eleven Thousand Two Hundred Fifty Only) in the form of Demand Draft/Pay order on any Nationalised / Scheduled bank payable at Bangalore in favour of Director DSERT, Bangalore. Interested Tenderers may obtain any further information at the same address. Tenderers who have downloaded from Internet will have to enclose Demand Draft of Rs.11, (Inclusive of VAT)in favour of Director, DSERT, Bangalore along with the Tender application as fee. Interested and eligible Tenderers may obtain the prescribed Tender document by down loading from the DSERT website 4. Tenders must be accompanied by earnest money deposit of the amount specified in the Tender document, drawn in favour of Director DSERT, Bangalore. Earnest money deposit will have to be in any one of the forms as specified in the Tender document and shall have to be valid for 45 days beyond the validity of the Tender. 5. Tenders must be delivered to Office of the Director Department of State Education Research & Training, No.4, 100 Feet Ring Road, Banashankari 3 rd Stage, Bangalore , on or before 3.00 P.M. on and First Envelop will be opened on at 4.00 P.M. in the presence of the Tenderers or their authorized representatives who wish to attend, if the office happens to be closed on the date of receipt of the Tenders as specified, the Tenders will be received and opened on the next working day at the same time and venue 6. A Pre-Tender meeting will be held on at 5.00 P.M. at Office of the Commissioner for Public Instructions, New Public Offices, K.R.Circle Bangalore to clarify the issues if any, and to answer questions on any matter that may be raised at that stage. 7. Other details can be seen in the Tender documents. 3

4 SECTION II: INSTRUCTIONS TO TENDERERS (ITT) Table of Clauses Clause No. Topic Number A. Introduction 1. Eligible Tenderers 2. Cost of Tendering 3. Contents of Tender documents 4. Clarification of Tender Document 5. Amendment of Tender document B. Tender Document C. Preparation of Tenders 6. Language of Tender 7. Documents comprising the Tender 8. Tender Form 9. Tender Prices 10. Tender Currency 11. Documents Establishing Tenderer s Eligibility & Qualification 12. Documents Establishing Goods Eligibility & Conformity to Tender Documents 13. Earnest money deposit (Tender Security) 14. Period of Validity of Tender 15. Format and signing of Tender D. Submission of Tenders 16. Sealing and marking of Tenders 17. Mode of Submission of Tenders 18. Deadline for submission of Tenders 19. Late Tenders 20. Modification and Withdrawal of Tenders E. Tender opening and evaluation of Tenders 21. Opening of Tenders by the purchaser 22. Clarification of Tenders 23. Preliminary Examination 24. Evaluation and comparison of Tenders 25. Contacting the Purchaser F. Award of contract 26. Post qualification 27. Award criteria 28. Purchasers right to vary quantities at the time of award 29. Purchasers right to accept any tender and to reject any or all Tenders 30. Notification of award 31. Signing of Contract 32. Performance Security 33. Corrupt and Fraudulent practices 34. Acceptance or rejection of Tenders 4

5 SECTION-II INTRUCTION TO TENDERERS A. Introduction Government of Karnataka, Department of Public Instruction, has already introduced Computer Education in 1238 Government High Schools under Mahithi Sindhu project, Revised CLASS Project and Eleventh Finance Commission. Government of Karnataka proposes to further introduce Computer Education in 480 selected Govt. High Schools in Karnataka state under Centrally Sponsored Scheme of ICT Programme. The proposal is that selected agencies (a) will have to supply computer Hardware, Software, UPS, Computer furniture s and Computer peripherals on outright sale basis as per Technical specifications mentioned in section VII: (b) will have to provide computer education services including Telephone and Internet services and (c) will have to under take Annual Maintenance during the project period of 5 years including the warranty / guarantee period in all the 480 selected Government High Schools in the state of Karnataka. 1. Eligible Tenderers 1.1 Tenderers should not be associated, or have been associated in past, directly or indirectly, with a firm or any of its affiliates which have been engaged by the purchaser to provide the consulting services for the preparation of the design, specifications, and other documents to be used for Procurement of goods, Providing Computer Education Services and Annual Maintenance during the contract period of 5 years from in 480 Government High Schools under this invitation of Tenders. 1.2 Tenderers shall not be under a declaration of in eligibility for corrupt and fraudulent practices issued by Government of Karnataka. 1.3 Basic criteria for the tenderer for participation in the Tender process are as under: Should have supplied Computer Hardware, Software, U.P.S, and computer peripherals in large quantities to Government schools in Karnataka or in other states. Should have experience in providing Computer Education in Government schools in Karnataka or in other States Should have a minimum 3 Years of Experience in Computer Training in Government Schools Should have proven Curriculum development experience in IT Education viz, Material development/text book/course materials Should have minimum turnover of Rs Crore per Year in the past 3 Years relating to supply of Computer Hardware, Software, and Computer Training Services. And experience of running at least 50 computer centers in government schools for a minimum period of 3 years. The Tenderer should have adequate infrastructural and financial resources to undertake the contract. The Tenderer should have sufficient net worth as per the audited financial statements. The Tenderer must TENDER for minimum of 1 District 1.4 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the Government of Karnataka / other states 1.5 Tenders from Joint ventures are not acceptable. 1.6 Each Tenderer shall submit only one Tender. A Tenderer who submits or participates in more than one Tender will cause all the proposals with the Tenderer s participation to be disqualified. 5

6 2. Cost of Tendering 2.1 The Tenderer shall bear all costs associated with the preparation and submission of its TENDER, and the Commissioner for Public Instruction, Government of Karnataka, herein after referred to as the Purchaser will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the Tender process. 2.2 All Tenders must be accompanied by Earnest Money Deposit as specified below and submitted on or before the prescribed date, at place and time given in Section I of this document. Tenders submitted without Earnest Money Deposit will be summarily rejected EARNEST MONEY DEPOSIT : Rs. 25, (Rupees Twenty Five Thousand only) per school 2.3 Interested and eligible Tenderers may obtain further information or clarification from the office of the Director, DSERT, No.4, 100 Feet Ring Road, Banashankari 3 rd Stage, Bangalore Phone: , , Fax: Contents of Tender Document B. Tender Document 3.1 The Tender document for (a) supply and installation of computer Hardware, Software peripherals etc on outright sale basis (b) for providing Computer Education services and (c) Annual Maintenance during the project period of 5 years from in 480 selected Government High schools in Karnataka includes: 1. Invitation for Tenders 2. Instructions to Tenderers 3. General Conditions of the Contract 4. Description and scope of the contract & Special Conditions of the Contract 5. Terms and Conditions of Contract 6. Schedule of requirements 7. Technical Specifications 8. Particulars of No of Schools (District wise) 9. Syllabus of I.T Education. 10. TENDER Form & Price Schedule 11. Earnest Money Deposit. 12. Performance security Form. 13. Past performance Form 14. Manufacturers Authorisation Form 15. Capability Statement and Details of organization 16. Acceptance of implementation schedule 17. Undertaking 18 Details of Organisation 19.. Details of Number of Government schools/training centres in Karnataka/ other states run by the Agency 20. Details of the Maintenance/Service Centers set up by the Tenderer in the state of Karnataka 21. Check list of documents to be submitted in First Envelope 22. Assumption made by the Tenderer on the basis of which rates have been quoted in price schedule 6

7 3.2 The Tenderer is expected to examine all instructions, forms, terms and specifications in the Tender Documents. Failure to furnish all information required by the Tender Documents or submission of a TENDER not substantially responsive to the Tender Documents in every respect will be at the Tenderer's risk and may result in rejection of its TENDER. 4. Clarification of Tender Document 4.1 A prospective Tenderer requiring any clarification of the Tender documents may notify the Purchaser in writing or by telex or cable or fax at the Purchaser's mailing address indicated in the Invitation for Tenders. The Purchaser will respond in writing or by telex or cable or fax or to any request for clarification of the Tender documents which it receives no later than 15 days prior to the deadline for submission of Tenders prescribed by the Purchaser. Written copies of the Purchaser's response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective Tenderers which have received the Tender documents. 5. Amendment of Tender Document 5.1 At any time prior to the deadline for submission of Tenders, the Purchaser may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Tenderer, modify the Tender Documents by amendment. 5.2 All prospective Tenderers who have received the Tender documents will be notified of the amendment in writing or by cable or by fax or by and will be binding on them. 5.3 In order to allow prospective Tenderers reasonable time in which to take the amendment into account in preparing their Tenders, the Purchaser may, at its discretion, extend the deadline for the submission of Tenders. 6. Language of Tender C. Preparation of Tenders 6.1 The Tender prepared by the Tenderer as well as all correspondence and documents relating to the Tender exchanged by the Tenderer and the Purchaser, shall be written in the English language. Supporting documents and printed literature furnished by the Tenderer may be in another language provided they are accompanied by an accurate translation of the relevant passages in the English language in which case, for purpose of interpretation of the Tender, the translation shall govern. 7. Documents Constituting (Comprising) the Tender : 7.1 The Tenderer must submit all the documents listed under clause 3 along with the Tender form as per Section X/1 in the First Envelope, in order to qualify for consideration in the opening of the Second Envelope containing the PRICE SCHEDULE as per Secction X/2 and Assumption made by the Tenderer as per Section XXIV 8. Tender Form 8.1 The Tenderer shall complete the Tender Form and the appropriate Price Schedule furnished in the tender documents, indicating the goods to be supplied, a brief description of the goods, their country of origin, quantity and prices. 7

8 9. Tender Prices 9.1 The Tenderer shall indicate on the Price Schedule the unit prices and total tender prices of the goods it proposes to supply under the Contract. To this end, the tenderers are allowed the option to submit the tenders for any one or more districts specified in the Schedule of Requirements and to offer discounts for combined Districts. However, tenderers shall quote for the complete requirement of goods and services specified under each District on a single responsibility basis, failing which such tenders will not be taken into account for evaluation and will not be considered for award 9.2 Prices indicated on the Price Schedule shall be entered separately in the following manner: (i) the price of the goods, quoted (ex-works, ex-factory, ex-showroom, ex-warehouse, or offthe-shelf, as applicable), including all duties and sales and other taxes already paid or payable a. On components and raw material used in the manufacture or assembly of goods quoted ex-works or ex-factory; or b. On the previously imported goods of foreign origin quoted ex-showroom, ex-warehouse or off-the-shelf. (ii) Any Indian duties, sales and other taxes which will be payable on the goods if this Contract is awarded; (iii) The price for inland transportation, insurance and other local costs incidental to delivery of the goods to their final destination; and (iv) The price of other incidental services listed in Clause 4 of the Special Conditions of Contract including the price for annual maintenance services for three years after expiry of Warranty as indicated in GCC Clause The Tenderer s separation of the price components in accordance with ITT Clause 9.2 above will be solely for the purpose of facilitating the comparison of tenders by the Purchaser and will not in any way limit the Purchaser's right to contract on any of the terms offered. 9.4 Prices quoted by the Tenderer shall be fixed during the Tenderer s performance of the Contract and not subject to variation on any account. A tender submitted with an adjustable price quotation will be treated as non-responsive and rejected, pursuant to ITT Clause Tender Currency 10.1 Prices shall be quoted in Indian Rupees: 11. Documents Establishing Tenders Eligibility and Qualification 11.1 The Tenderer shall furnish, as part of its Tender, documents establishing the Tenderers eligibility to Tender and its qualification to perform the contract if its Tender is accepted. The Tender prepared by the Tenderer comprising the following components: 11.2 First Envelope shall contain: shall be submitted in Two Envelopes Attested copies of documents showing that the Tenderer has the Financial, Technical and Service capability necessary to perform the contract and meet the criteria outlined in the qualification requirements and to fulfill this all Tenders submitted shall include the following information: i. Attested copies showing the legal status, place of registration and principal place of business of the firm. 8

9 ii. iii. iv. Attested copies of documents showing that the firm had an average turnover of Rs 10 Crore per Year in Computer Hardware, Software, and Computer Training services in past three years Viz. Attested copies of letters showing that the Tenderer has tie-up with the Manufacturers/ Authorised Dealers of computer Hardware. Software, U.P.S and Computer Peripherals for the supply of the above materials in large quantities with in the stipulated period. MOU with the manufacturers / authorised dealers shall be enclosed. Attested copies showing that the Tenderer has capability for Annual Maintenance or has tie up with the Authorised Maintenance agencies/ Services centres for the Maintenance of Computer Hardware, Computer Software, UPS, Computer Furniture s and Computer peripherals during the project period of 5 years including the warranty / guarantee period. v. Attested Copies of Sales tax Registration and Sales tax returns filed in the last financial year vi. Attested copies of acknowledgement of Income tax returns filed in the last 03 Years Viz. vii. viii. ix. Attested copies of Audited financial Statements for last 03 years. Viz. Details of the Organisation as per Section XVIII including list of Technical employees. Details of computer education in Government schools in Karnataka/other states run by the agency as per XIX x. Details of the Maintenance / Service centers set up by the Tenderer in the state of Karnataka as per Section XX xi. Tender form as per Section X/1 xii. xiii. xiv. xv. xvi. xvii. Earnest Money Deposit in the form of Demand Draft or Bankers Cheque drawn on a Nationalised Bank for the prescribed sum of Rs 25, per school as per clause 2.2. Statement of past performance as per Section XIII Format of Acceptance of Implementation schedule as per Section XVI Undertaking as per Section XVII Documents showing that the Tenderer has proven curriculum development experience in I.T Education. Proofs of addresses in the districts for which the Tenderer is Tendering. xviii. Checklist of Documents to be submitted in First Envelope as per Section XXI 11.3 The Second Envelope shall contain: a) The rate quoted for each District of Schools as per the Price schedule provided in Section X/2. It is to be noted that the Tenderer has to Tender for one or more Districts, and can also Tender for all the Districts, if desired. b) Details of assumptions made as per Section XXIV 12. Documents Establishing Goods' Eligibility and Conformity to Tender Documents 12.1 Pursuant to ITT Clause 11, the Tenderer shall furnish, as part of its tender, documents establishing the eligibility and conformity to the tender documents of all goods and services which the tenderer proposes to supply under the contract.. 9

10 12.2 The documentary evidence of conformity of the goods and services to the tender 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 warranty/guarantee period, following commencement of the use of the goods by the Purchaser; 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. (d) a confirmation that, if the tenderer offers system and/or other software developed by another company, such software operates effectively on the system offered by the tenderer; and the tenderer is willing to accept responsibility for it s successful operations; and (e) a confirmation that the tenderer is either the owner of the Intellectual Property Rights in the hardware and software items offered, or it has the proper authorization and/or license from the owner to offer them. Willful misrepresentation of these facts will lead to the cancellation of the Contract without prejudice of other remedies that the Purchaser may take For purposes of the commentary to be furnished pursuant to ITT Clause 12.2(c) above, the Tenderer shall note that standards for workmanship, material and equipment, and references to brand names or catalogue numbers designated by the Purchaser in its Technical Specifications are intended to be descriptive only and not restrictive. The Tenderer may substitute alternative standards, brand names and/or catalogue numbers in its tender, provided that it demonstrates to the Purchaser's satisfaction that the substitutions ensure substantial equivalence to those designated in the Technical Specifications. 13. Earnest Money Deposit 13.1 Any TENDER not in accordance with the Clause 7 above will be rejected. The Tenderer shall furnish, as part of its Tender, Earnest Money Deposit as specified below. EARNEST MONEY DEPOSIT : Rs. 25, (Rupees Twenty Five Thousand only) per school 13.2 The Earnest Money Deposit is required to protect the purchaser against risk of Tenderer s conduct, which would warrant the forfeiture of security The Earnest Money Deposit shall be in Indian Rupees and shall be in form of Demand draft or Banker s Cheque drawn on a Nationalised Bank in favour of The Director of Public Instruction, D.S.E.R.T payable at Bangalore Any TENDER not secured in accordance with Clause 13.1 and 13.3above will be rejected by the Purchaser as non-responsive Unsuccessful Tenderer s Earnest Money Deposit will be discharged/returned as early as possible Any Interlineations, erasures or overwriting shall be valid only if they are initialed by the person or persons signing the TENDER The successful Tenderer s Earnest Money Deposit will be adjusted towards performance security to be furnished by the Tenderer before signing the contract agreement 10

11 13.8 The Earnest Money Deposit may be forfeited: (a) (b) If a Tenderer withdraws his TENDER during the period of TENDER validity specified by the Tenderer on the TENDER Form; or In case of a successful Tenderer, if the Tenderer fails (i) To sign the contract agreement and (ii) To furnish performance security 14. Period of Validity of Tenders 14.1 Tenders shall remain valid for 90 days after the date of opening of Second Envelope. A TENDER valid for a shorter period shall be rejected by the Purchaser as non-responsive In exceptional circumstances, the Purchaser may solicit the Tenderer s consent to an extension of the period of validity. The Earnest Money Deposit provided under Clause 14 shall also be suitably extended. A Tenderer may refuse the request without forfeiting its Earnest Money Deposit. A Tenderer granting the request will not be required nor permitted to modify its TENDER. 15. Format and Signing of Tender 15.1 The Tenderer shall prepare two copies of the TENDER, clearly marking each Original TENDER and Copy TENDER, as appropriate. between them, the original shall govern. In the event of any discrepancy 15.2 The original and all copies of the TENDER shall be typed or written in indelible ink and shall be signed by the Tenderer or a person or persons duly authorised to bind the Tenderer to the Contract. The letter of authorisation shall accompany the TENDER. All pages of the TENDER, except for un amended printed literature, shall be initialed by the person or persons signing the TENDER The Tenderer shall submit the Tenders in Section X/2 price schedule for a minimum of one District. The Tenderer shall TENDER for a minimum of one District as per the details of Districts provided in Section VIII. However, the Commissioner for Public Instruction reserves the right to allot another District within the same Revenue Division for the same price Any interlineations, erasers or over writings shall be valid only if they are initialed by the person or persons signing the Tender. 16. Sealing and Marking of Tenders D. Submission of Tenders 16.1 The Tenderer shall submit the Envelope in the following manner. First Envelope which is sealed and should contain the original documents and duplicate as mentioned in Clause 11.2 and also as explained in Clause 15, and shall be superscribed as Technical TENDER during the year for the supply and installation of computer Hardware, Software etc: providing of Computer Education services and for Annual Maintenance in 480 Selected Govt. High Schools under Schools project. Second Envelope which is sealed and should contain the original document and duplicate of the lowest Price Schedule as quoted by the Tenderer as per the details mentioned vide Clause and also explained in Clause 15 and shall be super scribed as Commercial TENDER during the year for the supply and installation of computer Hardware, Software etc: providing of Computer Education services and Annual Maintenance in 480 selected Govt. High Schools under School project. The Tenderer shall seal the Original and each copy of the Tender in separate inner envelops, duly marking the envelops as original and copy. He shall then place all the inner envelop in an outer envelop (First envelop and Second envelop separately). 11

12 16.2 a) The inner and outer envelops of the First and Second sealed Envelopes shall be addressed to the purchaser at the following address: The Commissioner for Public Instruction At Dept. of State Educational Research & Training No.4, 100 Feet Ring Road, Banashankari 3 rd Stage, Bangalore b) envelop should bear The Project name, the invitation for tenders (IFT) title and number and statement do not open before hours _ Date Supplying of Computer Hardware, Soft ware and other peripherals, Providing Computer Education Services and Annual Maintenance invitation for Tenders and number of the Tender if any, and Statement saying do not open before _ hours on 16.3 All the sealed envelopes as mentioned in clause 16.1 shall indicate the name and address of the Tenderer to enable the purchaser to return the same unopened to the Tenderers in case it is declared late If the two Envelopes are not sealed and marked as required by Clause 16 the purchaser will assume no responsibility for the TENDER s misplacement or premature opening. 17 Mode of submission of Tenders The Tenders could be sent by Speed Post or Registered Post or Courier or Dropped in the boxes separately for First Envelope and Second Envelope kept at the above address in person Tenders sent by Telex or Fax or will be rejected Telex, cable or facsimile Tenders will be rejected. 18. Deadline for Submission of Tenders 18.1 Tenders must be received by the Purchaser at the address specified under Clause 16.2 not later than the time and date specified in the Invitation for Tenders (section I). In the event of the specified date for the submission of Tenders being declared a holiday for the Purchaser, the Tenders will be received up to the appointed time on the next working day If the Tenders are sent by Speed Post or Registered post or courier, it should reach the purchaser on or before the scheduled last Date and Time fixed for receipt of Tenders as per Section I. The purchaser shall not be responsible for any delay in transit when Tenders are sent through post/ Courier The Purchaser may, at its discretion, extend this deadline for submission of Tenders by amending the TENDER Documents in which case all rights and obligations of the Purchaser and Tenderers previously subject to the deadline will thereafter be subject to the deadline as extended. 19. Late Tenders 19.1 Any TENDER received by the Purchaser after the deadline for submission of Tenders prescribed by the Purchaser pursuant to Clause 18, will be rejected and/or returned unopened to the Tenderer. 20. Modification and Withdrawal of Tenders 20.1 The Tenderer may modify or withdraw its TENDER after the TENDER s submission, provided that written notice of the modification or withdrawal is received by the Purchaser prior to the deadline prescribed for submission of Tenders. 12

13 20.2 The Tenderer s modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions of Clause 16. A withdrawal notice may also be sent by Fax but followed by a signed confirmation copy, post marked not later than the deadline for submission of Tenders No TENDER may be modified subsequent to the deadline for submission of Tenders No TENDER may be withdrawn in the interval between the deadline for submission of Tenders and the expiration of the period of TENDER validity specified by the Tenderer on the TENDER Form. Withdrawal of a TENDER during this interval may result in the Tenderer s forfeiture of its Earnest Money Deposit. 21. Opening of Tenders by the purchaser. E. Tender Opening and Evaluation of Tenders 21.1 The Purchaser will open the FIRST ENVELOPE of the Tender, in the presence of Tenderer or Tenderer s representatives who choose to attend, at 4.00 P.M. on At Conference Hall: Dept. of State Educational Research & Training No.4, 100 Feet Ring Road, Banashankari 3 rd Stage, Bangalore Phone : , , Fax : The Tenderers or representatives who are present shall sign a register evidencing their attendance. In the event of the specified date of TENDER opening being declared a holiday for the Purchaser, the Tenders shall be opened at the appointed time and location on the next working day The Tenderers Name, TENDER Modifications, or Withdrawals, TENDER prices, Discounts and the presence or absence of the requisite Earnest Money Deposit and such other details as the Purchaser, at its discretion, may consider appropriate will be announced at the time of opening. No TENDER shall be rejected at TENDER opening, except for late Tenders, which shall be returned unopened to the Tenderer pursuant to Clause Tenders (and modifications sent pursuant to clause 20.2) that are not opened and read out at TENDER opening shall not be considered further for evaluation, irrespective of the circumstances The Purchaser will prepare minutes of the TENDER opening The Tenderer shall be responsible for properly super scribing and sealing the First and Second Envelopes and the purchaser shall not be responsible for accidental opening of Envelopes that are not properly super scribed and sealed as per Clause 16 before the time appointed for opening of Envelopes as per clause Second Envelope of unqualified Tenderers will be returned and will not be opened under any circumstances The date on which SECOND ENVELOPE would be opened and the date and time for the conduct of demonstration of some of the items (for assessing their capability as per the Technical specifications mentioned in Section VII) will be intimated to the qualified Tenderers by the Purchaser on the day of opening of first cover or on subsequent days through Telephone / Fax/Post/Telegram/ Phonogram/Courier/ Clarification of Tenders 22.1 During evaluation of Tenders, the purchaser may, at its discretion, ask the Tenderer for a clarification of its TENDER. The request for clarification and the response shall be in writing. 13

14 23. Preliminary Examination 23.1 The purchaser will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the Tenders are generally in order. Tenders from agents/authorized dealers without proper authorization from the manufacturer as per Section XV shall be treated as non responsive Where the tenderer has quoted for more than one district, if the Earnest Money Deposit furnished is inadequate for all the districts, the purchaser shall take the price, tender into account only to the extent the tender is secured. For this purpose, the extent to which the tender is secured shall be determined by evaluating the requirement of Earnest Money Deposit to be furnished for the district included in the tender in the serial order of the District of requirements of tender documents Arithmetical errors will be rectified on the following basis. If there is a discrepancy between words and figures, the amount in words will prevail and the Tender shall stand corrected to that effect. If the supplier does not accept the correction of errors, its Tender will be rejected The purchaser may waive any minor infirmity or non conformity or irregularity in a Tender, which does not constitute a material deviation, provided such a waiver does not prejudice or affect the relative ranking of any Tenderer. No Tender may be modified subsequent to the dead line for submission of tenders. No tender may be withdrawn in the interval between the deadline for submission of tenders and the expiration of the period of tender validity specified by the tenderer on the tender form. Withdrawal of a tender during this interval may result in the tenderers forfeiture of its earnest money deposit Prior to the detailed evaluation, pursuant to Clause 22, the Purchaser will determine the substantial responsiveness of each Tender to the Tender Documents. For purposes of these Clauses, a substantially responsive Tender is one which conforms to all the terms and conditions of the Tender Documents without material deviations. Deviations from or objections or reservations to critical provisions such as those concerning Performance Security, Warranty, Applicable Law and Taxes and Duties will be deemed to be a material deviation. The purchaser s determination of a Tender s responsiveness is to be based on the contents of the Tender itself without recourse to extrinsic evidence If a tender is not substantially responsive, it will be rejected by the Purchaser and may not subsequently be made responsive by the Tenderer by correction of the nonconformity. 24. Evaluation and Comparison of Tenders 24.1 The Purchaser will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to Clause 23 for each District separately. No tender will be considered if the complete requirements covered in the schedule is not included in the tender. However, as stated in Clause 9, Tenderers are allowed the option to tender for any one or more Districts and to offer discounts for combined Districts. These discounts will be taken into account in the evaluation of the tenders so as to determine the tender or combination of tenders offering the lowest evaluated cost for the Purchaser in deciding award(s) for each district The Purchaser's evaluation of a tender will exclude and not take into account: 14

15 (a) In the case of goods manufactured in India or goods of foreign origin already located in India, sales and other similar taxes, which will be payable on the goods if a contract is awarded to the Tenderer; (b) Any allowance for price adjustment during the period of execution of the Contract, if provided in the tender The Purchaser's evaluation of a tender will take into account, in addition to the tender price (Ex-factory/ex-warehouse/off-the-shelf price of the goods offered from within India, such price to include all costs as well as duties and taxes paid or payable on components and raw material incorporated or to be incorporated in the goods, and Excise duty on the finished goods, if payable) and price of incidental services, the following factors, in the manner and to the extent indicated in ITT Clause 24.4 and in the Technical Specifications: (a) Cost of inland transportation, insurance and other costs within India incidental to the delivery of the goods to their final destination; (b) Delivery schedule offered in the tender; (c) Deviations in payment schedule from that specified in the Special conditions of Contract; (d) The availability in India of spare parts and after-sales services for the goods / equipment offered in the tender; 24.4 Pursuant to ITT Clause 24.3, one or more of the following evaluation methods will be applied: (a) Inland Transportation, Insurance and Incidentals: (i) Inland transportation, insurance and other incidentals for delivery of goods to the final destination as stated in ITT Clause 9.2 (III) The above costs will be added to the tender price. (b) Delivery Schedule: (i) The Purchaser requires that the goods under the Invitation for Tenders shall be delivered at the time specified in the Schedule of Requirements. The estimated time of arrival of the goods at the project site should be calculated for each tender after allowing for reasonable transportation time. Treating the date as per schedule of requirements as the base, a delivery "adjustment" will be calculated for other tenders at 2% of the ex-factory price including excise duty for each month of delay beyond the base and this will be added to the tender price for evaluation. No credit will be given to earlier deliveries and tenders offering delivery beyond stipulated delivery period will be treated as unresponsive. (c) Deviation in Payment Schedule: The Special Conditions of Contract stipulate the payment schedule offered by the Purchaser. If a tender deviates from the schedule and if such deviation is considered acceptable to the Purchaser, the tender will be evaluated by calculating interest earned for any earlier payments involved in the terms outlined in the tender as compared to those stipulated in this invitation, at prevailing Commercial Bank rate + 2% per annum. (d) Spare Parts and After Sales Service Facilities in India: The cost to the Purchaser of establishing the minimum service facilities and parts inventories, as outlined elsewhere in the tender documents, if quoted separately, shall be added to the tender price. (e) Cost of 2 years maintenance services after 36 months warranty period. The cost of 2 years maintenance service charge after the warranty/guarantee period will be added to the tender price for each schedule after discounting to the net present values at a discount rate of 10%. 15

16 25. Contacting the Purchaser 25.1 Subject to ITT Clause 22, no Tenderer shall contact the Purchaser on any matter relating to its tender, from the time of the tender opening to the time the Contract is awarded. If the tenderer wishes to bring additional information to the notice of the purchaser, it should do so in writing Any effort by a Tenderer to influence the Purchaser in its decisions on tender evaluation, tender comparison or contract award may result in rejection of the Tenderer's tender. 26. Postqualification F. Award of Contract 26.1 In the absence of prequalification, the Purchaser will determine to its satisfaction whether the Tenderer that is selected as having submitted the lowest evaluated responsive tender meets the criteria specified in Clause 11.2 (b) and is qualified to perform the contract satisfactorily The determination will take into account the Tenderer's financial and technical and production capabilities. It will be based upon an examination of the documentary evidence of the Tenderer's qualifications submitted by the Tenderer, pursuant to ITT Clause 11, as well as such other information as the Purchaser deems necessary and appropriate An affirmative determination will be a prerequisite for award of the Contract to the Tenderer. A negative determination will result in rejection of the Tenderer's tender, in which event the Purchaser will proceed to the next lowest evaluated tender to make a similar determination of that Tenderer's capabilities to perform the contract satisfactorily. 27. Award Criteria 27.1 Subject to ITT Clause 29, the Purchaser will award the Contract to the successful Tenderer whose tender has been determined to be substantially responsive and has been determined as the lowest evaluated tender, provided further that the Tenderer is determined to be qualified to perform the Contract satisfactorily. 28. Purchaser's right to vary Quantities at Time of Award 28.1 The Purchaser reserves the right at the time of Contract award to increase or decrease by up to 25 percent of the quantity of goods and services originally specified in the Schedule of Requirements without any change in unit price or other terms and conditions. 29. Purchaser's Right to Accept Any Tender and to Reject Any or All Tenders 29.1 The Purchaser reserves the right to accept or reject any tender, and to annul the Tender process and reject all tenders at any time prior to contract award, without thereby incurring any liability to the affected Tenderer or Tenderers. 30. Notification of Award 30.1 Prior to the expiration of the period of tender validity, the Purchaser will notify the successful tenderer in writing by registered letter or by cable/telex or fax, to be confirmed in writing by registered letter, that its tender has been accepted The notification of award will constitute the formation of the Contract. 16

17 30.3 Upon the successful Tenderer's furnishing of performance security pursuant to ITT Clause 32, the Purchaser will promptly notify the name of the winning Tenderer to each unsuccessful Tenderer and will discharge its earnest money deposit, pursuant to ITT Clause If, after notification of award, a Tenderer wishes to ascertain the grounds on which its tender was not selected, it should address it s request to the Purchaser. The Purchaser will promptly respond in writing to the unsuccessful Tenderer. 31. Signing of Contract 31.1 At the same time as the Purchaser notifies the successful Tenderer that its TENDER has been accepted, the Purchaser will send the Tenderer the Contract Form, provided in the Tender Document incorporating all agreement between the parties Within 21 (Twenty one) days of receipt of the Contract Form, the successful Tenderer shall sign and date the Contract and return it to the Purchaser. Any incidental expenses of execution of agreement shall be borne by the successful Tenderer(s). Hereafter the successful Tenderer shall be referred to as Contractor. 32. Performance Security 32.1 The Contractor will be required to furnish 5% of the total TENDER value as Performance Security in accordance with the Conditions of Contract in the form of Bank Guarantee valid for the entire contract period drawn in favour of the Commissioner of Public Instruction, Bangalore, within 21 (Twenty one days) of receipt of the notification of award of contract. The Performance Security is to be furnished along with the contract agreement duly signed by the Contractor Failure of the successful Tenderer to comply with the requirement of Clause 31.2 or Clause 32.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the earnest money deposit, in which event the Purchaser may make the award to the next lowest evaluated Tenderer or call for new tenders The performance security furnished by the successful Tenderer in respect of his/her TENDER will be returned to him/her at the end of the contract period subject to the satisfactory performance of the contractual obligations If the successful Tenderer after signing the contract agreement fails to perform any contractual obligation, the Performance Security furnished by the Contractor will be forfeited. 33 Corrupt or Fraudulent Practices 33.1 The Government requires that Tenderers/ Suppliers/ Contractors observe the highest standard of ethics during the procurement and execution of Government financed contracts. In pursuance of this policy, the Government: (a) defines, for the purposes of this provision, the terms set forth as follows : (i) corrupt practice means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and (ii) fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Government, and includes collusive practice among Tenderers (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the Government of the benefits of free and open competition; 17

18 (b) will reject a proposal for award if it determines that the Tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; (c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a Government financed contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a Government financed contract Furthermore, Tenderers shall be aware of the provision stated in sub-clauses of the General Conditions of Contract. 34. ACCEPTANCE OR REJECTION OF TENDERS: a) The Commissioner for Public Instruction, Government of Karnataka reserves the right to accept or reject any TENDER and to annul the Tender process and reject all Tenders at any time prior to award of contract, without thereby incurring any liability or any obligation to inform the affected Tenderer or Tenderers of the grounds for the said action. b) Any TENDER with incomplete information is liable for rejection. c) For each category of pre qualification criteria, the documentary evidence is to be produced duly attested by the contractor, serially numbered and enclosed with the Tenders. If the documentary proof is not enclosed for any/all criteria the TENDER is liable for rejection. d) If any information given by the contractor is found to be false/fictitious, the contractor will be debarred for 3 years from participating in any other Tenders of Government of Karnataka. 18

19 SECTION III: GENERAL CONDITIONS OF CONTRACT TABLE OF CLAUSES Clause Number Topic Page Number 1. Definitions 2. Application 3. Standards 4. Use of Contract Documents and Information; Inspection and Audit by Government 5. Patent Rights 6. Performance Security 7. Inspection and Tests 8. Packing 9. Delivery and Documents 10. Insurance 11. Transportation 12. Incidental Services 13. Spare Parts 14. Warranty 15. Payment 16. Prices 17. Change Orders 18. Contract Amendments 19. Assignment 20. Subcontracts 21. Delays in Supplier's Performance 22. Liquidated Damages 23. Termination for Default 24. Force Majeure 25. Termination for Insolvency 26. Termination for Convenience 27. Settlement of Disputes 28. Limitation of Liability 29. Governing Language 30. Applicable Law 31. Notices 32. Taxes and Duties 33. Agreement 19

20 SECTION III GENERAL CONDITIONS OF CONTRACT General Conditions of Contract 1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated: (a) "The Contract" means the agreement entered into between the Purchaser and the Supplier, as recorded in the Contract Form signed by the parties, including all the attachments and appendices thereto and all documents incorporated by reference therein; (b) "The Contract Price" means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations; (c) "The Goods" means all the equipment, machinery, and/or other materials which the Supplier is required to supply to the Purchaser under the Contract; (d) "Services" means services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training and other obligations of the Supplier covered under the Contract; (e) GCC means the General Conditions of Contract contained in this section. (f) SCC means the Special Conditions of Contract. (g) The Purchaser means The Commissioner for Public Instructions, Government of Karnataka. (h) The Tenderer means the individual or firm supplying the Goods and Services under this Contract. (j) The Government means the Government of Karnataka State. (k) The Project Site, 480 Government Highs Schools Identified by the Purchaser under ICT Project. (l) Day means calendar day. 2. Application 2.1 These General Conditions shall apply to the extent that they are not superseded by provisions in other parts of the Contract. 3. Standards 3.1 The Goods supplied under this Contract shall conform to the standards mentioned in the Technical Specifications. 3.2 SUPPLY ON OUTRIGHT SALE BASIS OF COMPUTER HARDWARE, SOFTWARE AND CONNECTED ACCESSORIES AND PROVISION OF COMPUTER EDUCATION SERVICES: a) The contractor(s) shall supply to Government of Karnataka, Computer Hardware and Software and accessories by way of supply, installation and commissioning and provide Computer Education services strictly in accordance with the Technical Specifications. They should comply with all the tests specified by Commissioner for Public Instruction or any other officer authorised for this purpose, satisfactorily. The Contractor(s) shall ensure timely delivery and commissioning of the systems as per the implementation schedule given in the contract. b) The Contractor should give on-site guarantee for Computer Hardware, Software and connected accessories covering the contract period of 5 years commencing from the date of acceptance of the system by the competent authority against breakage s and breakdowns. The Contractor shall make good the losses by replacing the defective Computer or accessories / all the items supplied found defective during the Annual Maintenance contract period of 5 years, and this guarantee shall cover all materials and goods supplied by the Contractor, irrespective of the fact whether these have been manufactured by the Contractor or not. 20