TENDER DOCUMENT. PRICE: Rs (Rupees One Thousand) only, Payable in the form of DD in favour of INDIAN INSTITUTE OF MANAGEMENT CALCUTTA

Transcription

1 Tender Form No.. INDIAN INSTITUTE OF MANAGEMENT CALCUTTA Diamond Harbour Road, Joka, D. H. Road, Kolkata Telephone: (91) (33) /8313 Home Page: TENDER DOCUMENT NAME OF WORK:- SUPPLY, INSTALLATION, TESTING, COMMISSIONING AND MAINTENANCE OF IP SERVER BASED PBX TELEPHONE SYSTEM AT IIMC CAMPUS, JOKA PRICE: Rs (Rupees One Thousand) only, Payable in the form of DD in favour of INDIAN INSTITUTE OF MANAGEMENT CALCUTTA LAST DATE OF SUBMISSION: AT 2.00 p.m. OPENING DATE & TIME: AT 2.15 p.m. 1

2 INDEX SL. SECTION PARTICULARS PAGE NO. 1. I Time Schedule for Invitation of Tender 3 2. II Notice Inviting Tender 6 3. III Instruction to Bidders IV General Conditions of Contract V Scope of Contract VI Terms & Conditions of Service Contract VII Technical Specifications including Compliance Sheets VIII Bill of Quantities Annexure-A: Price Schedule-I, II, III & IV Annexure-B: Bid Form Annexure-C: Warranty to Quality Annexure-D: Special Instructions to Bidders Annexure- E: Undertaking to be submitted by the bidder regarding black-listing etc. Annexure- F: Letter of Authorization for attending bid opening

3 SECTION-I TIME SCHEDULE FOR INVITATION OF TENDERS 1. Tender Enquiry No. & Date NIT/IIMC/Telephone/27/ dated 22 nd July, Date of Issue of Tender 22/07/ Price of Tender document Rs (Rupees One Thousand) only, payable in the form of DD in favour of Indian Institute of Management Calcutta 4. Time & Date of Pre-Bid Meeting At 14:30 hrs. on Time & Date of submission of Tender Upto 14:00 hours on (i) Time & Date of the Opening of At hours on Technical Bid (ii) Time & Date of the Opening of To be intimated later Financial Bid 7. Minimum validity of tender offered 90 days from the date of opening of the tender 8. Consignee of Equipments Director, IIMC, Joka 9. Price to be Quoted in Price Schedule (Annexure-B) 10. Earnest Money Payable Rs.2,00, (Rupees Two lakhs) only payable in the form of DD in favour of Indian Institute of Management Calcutta 11. Description of Stores (600 Analog expandable up to 2000 in future IP) Lines IP PBX for IIM Calcutta, as per description in sections VII to IX of the bid document. 12. Delivery Schedule and Completion schedule Delivery to be made within 50 days and completion of work in all respect including commissioning, within 65 days from the date of issue of work order. 13. Liquidated Damages In case, supply is not received within the stipulated period indicated above, penalty shall be 1.0 % (One per cent) per week of the value of the material not yet supplied, subject to a maximum of 10 % (Ten per cent) of the value of contract. 14. IIMC is recognized as a Scientific and Industrial Research Organization (SIRO) by the Department of Scientific and Industrial Research under the Scheme on Recognition of Scientific & Industrial Research Organizations (SIROs), 1988 vide F. No. 13/104/1990-TU-V dated 22 nd December, 2015, which is valid for a period of three years w.e.f to As such, IIMC is entitled to avail Custom/Excise Duty exemption on purchase of equipment, instruments, 3

4 spares thereof, consumable etc. used for research & development. Eligibility criteria of the Vendors for the work Supply, Installation, Testing, Commissioning & Maintenance of IP Server based PBX telephone system at IIMC campus Joka (All relevant documentary proofs need to be submitted, duly certified by the bidder): 1. Only Original Equipment Manufacturer (OEM) or their authorized dealers for installation of similar telephone/ communication system are eligible to apply for participation in the bid procedure. 2. The applicant should have at least 03 (Three) years experience in the relevant telephone/ communication system. The applicant should have their registered establishment in India and should have their own Service Centre at Kolkata for at least last three years, towards providing service support infrastructure including local after-sales service facility along with availability of spare parts etc. pertaining to the PBX system offered in the tender, for which documentary evidence has to be submitted with the bid. 3. The average annual turnover of the applicant during the last three years ( , and ) should be approx. Rupees 5,00,00, (five crores) per year (Balance sheet duly audited by a registered Chartered Accountant to be provided). 4. The applicant should have credentials for completion in independent status for at least two (2) similar works, each costing not less than Rs.30 Lakhs (Rupees thirty Lakhs), during last three years. 5. The applicant should provide Satisfactory Performance Certificates from the Clients for minimum three jobs, along with client details including name, contact address, id, telephone number etc. 6. The applicant should submit a list of the major installation jobs completed in reputed organizations (Govt./Semi-Govt./Private) by them for similar system, with not less than 800 lines Exchange per job, using HP/IBM/DELL server preferably within India, during last five years. 7. The applicant should be ISO certified organization. 8. Any past record of Black-listing during the period of last three years by any Govt./Semi Govt./Reputed Private Organization will be considered as disqualification for the purpose of enrolment in the list of pre-qualified bidder. 9. The applicant should have back to back agreement with the OEM for minimum seven years, whose product is being offered in the tender. The OEM should have their registered establishment in India for at least two years. 10. The applicant should provide details (name, years of experience, qualification, mobile No. etc.) of the Service Engineers, posted at Kolkata, on their payroll. 4

5 11. The applicant should furnish their company profiles containing all details of the Organization. (Terms and conditions of NIT (Notice Inviting Tender) The offer should be submitted in three envelope system. Envelope 1 should contain the Earnest Money Deposit in the prescribed format as mentioned in the NIT. Envelope 2 should contain the technical compliance sheets, general terms and conditions of other aspects of the work as have been detailed in various Annexures of the tender documents. Envelope 3 should contain the commercial/financial bid only in the prescribed format as mentioned in Annexure B of the tender document. A bigger sealed envelope should contain all the above three sealed envelopes superscribing in the top left hand corner of the cover as Tender for Supply, Installation, Testing, Commissioning & Maintenance of IP Server based PBX Telephone System at IIMC Campus Joka. (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) Envelope 1 will be opened first. On ascertaining the valid EMD in Envelope 1, Technical Bid of the offer will be opened as per time schedule in presence of the participants. Evaluation of the technical bid will be done by IIMC and based on such evaluation report, names of the technically qualified vendors will be announced and intimated to the concerned vendors alongwith time-schedule for opening of commercial bids, through /letter. Commercial bid of only those vendors, who have qualified in the technical evaluation of their bid, will be opened. Regarding selection of technically qualified vendors, the decision of IIMC will be treated as final and binding to the participating vendors. Final award of tender will be considered based on techno-commercial evaluation of offer. All techno-commercial queries of tender documents will be clarified in the pre-bid meeting of tender to be held as per program schedule of Notice Inviting Tender (NIT). The copy of Minutes of Meeting of Pre-Bid Meeting will be mailed to the concerned bidders. Rates should be quoted both in figures and words. Part offer, conditional offer or conditional rebate will not be considered for acceptance under any circumstances. Institute reserves right to reject any or all such offers without assigning any reason thereof. In case the space provided in the BOQ of tender is not considered as adequate to quote rate in both figure and words, enlarged copy of BOQ may be used. However, the original BOQ issued from this end should also be submitted in bank with the certification regarding submission of enlarged BOQ. Regarding completion time for the work, schedule as mentioned in the NIT should be adhered strictly. Bidders are requested to submit one copy of Minutes of the Pre-Bid Meeting, duly sealed and signed alongwith the offer as part of the offer. Successful bidder should provide Performance Security against the contract equal to 10% of the contract value in the form of Bank Guarantee (B.G) drawn on any Scheduled Bank, in favour of Indian Institute of Management Calcutta and payable at Kolkata in the prescribed format of the Institute. IIMC will retain the said B.G upto the warranty period of the contract. The validity of B.G should accordingly cover the period of warranty of the contract. 5

6 SECTION-II NOTICE INVITING TENDER Sealed tenders in two parts, Technical and Financial bids, are invited from the shortlisted bidders, by Sr. Administrative Officer (Purchase), on behalf of the Director, IIMC for Supply, Installation, Testing, Commissioning & Maintenance of IP Server based PBX Telephone System at IIMC Campus Joka, as mentioned in Annexure-A : 1. Tender Enquiry No. & Date NIT/IIMC/Telephone/27/ dated 22 nd July, Date of Issue of Tender Time & Date of Pre-Bid Meeting At 14:30 hrs. on Time & Date of submission of Tender 5. (i) Time & Date of the Opening of Technical Bid (ii) Time & Date of the Opening of Financial Bid Up to 14:00 hours on At 14:15 hours on To be intimated later 6. Minimum validity of tender offered 90 days from the date of opening 7. Consignee of Equipments Director, IIMC, Joka 8. Price to be Quoted in Price Schedule (Annexure-A) 9. Earnest Money Payable Rupees Two Lakhs (Rs.2,00,000/-), in the form of Demand Draft of any of the Scheduled Banks drawn in favour of Indian Institute of Management Calcutta and payable at Kolkata. 10. Description of Stores (600 Analog expandable up to 2000 in future IP) Lines IP PBX for IIM Calcutta, as per description in sections VII to IX of the bid document. 6

7 SECTION-III INSTRUCTIONS TO BIDDERS 1. Definitions: i) The IP PBX means Call Manager Server (in redundant configuration), Media Gateway for all analog extensions and PRI lines, and any other associated hardware/software. ii) iii) iv) The Purchaser means the Sr. Administrative Officer (Purchase), IIM Calcutta acting on behalf of the Director, IIM Calcutta. The Bidder means the individual or firm who/which participates in this tender and submits bid. The Supplier means the individual or firm supplying the goods and services under the contract. v) The Goods means all the equipment, machineries, and/or other materials that the supplier is required to supply to the Purchaser under the contract. vi) The Services means service contracts for maintenance of the exchange supplied and commissioned by the supplier. vii) The Purchase Order means the order placed by the Purchaser on the supplier signed by the Purchaser including all attachments and appendices thereto and all documents incorporated reference therein. The purchase order shall be deemed as Contract appearing in the document. 2. Cost of Bidding: The Bidder shall bear all costs associated with the preparation and submission of the bid. The Purchaser will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 3. Bid Documents: 3.1 The bid documents include: All the documents as mentioned below, except Sl. No. 8, should be submitted in the envelope containing Technical Bid. 1. Time Schedule for Invitation of Tender Notice Inviting Tender Instructions to Bidders 4. General Conditions of Contract 5. Terms & Conditions of Service Contract 6. Scope of Contract 7. Technical Specifications 8. Annexure-A : Price Schedules (To be submitted in the Financial Bid) 9. Annexure-B : Bid Form 7

8 10. Annexure-C : Warranty to Quality 11. Annexure-D : Special Instructions to Bidders 12. Annexure-E: Undertaking to be submitted by Bidder regarding blacklisting etc. 13. Annexure-F: Letter of Authorization for attending bid opening. 3.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the bid Documents. Failure to furnish all information required as per the Bid Documents or submission of bids not substantially responsive to Bid Documents in every respect will be at the Bidder s risk and shall be liable for summary rejection of the bid. 4. Clarification of Bid Documents: A prospective Bidder, requiring any clarification of the Bid Documents shall notify the Purchaser in writing or by at the Purchaser s mailing address indicated in the Invitation for Bids. A Pre-Bid meeting shall be held at 14:30 hours on in the Committee Room, Administrative Building (1 st Floor), IIM Calcutta, in which the prospective bidders will be provided with an opportunity to seek clarification on various aspects of the bid. Copies of the clarifications-wise-reply by the Purchaser shall be sent to all the prospective Bidders who have received the bid documents. 5. Amendment of Bid Documents: 5.1 At any time, prior to the date of submission of bids, the Purchaser may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the bid documents by amendment. 5.2 The amendments shall be notified in writing or by to all prospective Bidders on the address intimated in the EOI submitted by the Bidder and these amendments will be binding on them and no deviation thereafter will be accepted under any circumstances. 5.3 In order to afford prospective Bidders, reasonable time in which to take the amendments into account in preparing their bids, the Purchaser may, at its discretion, extend the deadline for the submission of bids suitably. 6. Documents comprising the Bid: The bid prepared by the Bidder shall comprise the following components: i) Earnest Money Deposit (EMD) furnished in accordance with Clause-10. 8

9 ii) iii) iv) Documents establishing goods in conformity to bid documents in accordance with Clause 9. The bid form and price schedule completed in accordance with Clause-7 and 8. Individual signing on the bid or other documents connected with the contract shall indicate the full name below the signature and must specify whether he is signing as: a) A sole proprietor of the firm or constituted attorney of sole proprietor. b) A partner of the firm, in which case he must have authority to represent for arbitration of disputes concerning the business of the partnership firm either by virtue of the partnership agreement or power of attorney. c) Constituted attorney of the firm, if it is a Supplier. v) In case of 6.iv)-b) above, a copy of the partnership agreement or general power of attorney, in either case, attested by a Notary Public, or affidavit on stamp paper of all the partners admitting execution of the partnership agreement or the General Power of attorney should have to be furnished. vi) In case of partnership firms, where no authority to refer dispute concerning the business of the partnership has been conferred on any partner, the tender offer and all other related documents should be signed by every partner of the firm. vii) A person signing the tender form or any other documents forming the part of the contract on behalf of another shall be deemed to a warranty that he has authority to sign such documents and if, on enquiry it appears that the person has no authority to do so, the Purchaser may, without prejudice to other civil and criminal remedies, cancel the contract and make or authorize execution of contract/intended contract at the risk and cost of such person and hold the signatory liable to the Purchaser for all cost and damages arising from the cancellation of the contract including any loss which the Purchaser may have on account of execution of contract /intended contract. 7. Bid Form: 7.1 The Price Bid shall be submitted in the bid form and the appropriate Price Schedule in the format furnished in the Bid Documents, indicating the goods to be supplied, a brief description of the goods, quantity and prices. 7.2 Incomplete Bids are liable to be summarily rejected. 9

10 8. Bid Prices: 8.1 The Bidder shall give the unit prices, total bid prices and other prices of the goods it proposes to supply under the contract as per the price schedule given in Annexure-A of the Bid Document The Bidder shall give the total composite price for supply of goods, inclusive of all levies & taxes, packing and forwarding, freight and insurance. The basic unit price and other component price need to be quoted individually indicating the goods if proposed to supply under the contract as per price schedule given in Annexure-A. Price of incidental services should be quoted separately The offer shall be in Indian Rupees or in US Dollar, (including the custom clearance of the consignment). Dollar rate as announced by RBI on the date of opening of the Financial Bid will be used for conversion and price comparison in Indian Rupees Price indicated on the price schedule shall be entered in the following manner: i) The prices of the goods shall be quoted inclusive of all taxes such as VAT, Service Tax etc. and other applicable taxes and levies already paid or payable, insurance and suitable packing required for easy transportation. However, a break-up of cost for the goods to be supplied must be mentioned, showing the tax liabilities separately. ii) The supplier shall quote as per price schedule given in Annexure-B for all the items given therein. 8.3 The all-inclusive prices quoted by the Bidder shall remain fixed during the period of original delivery schedule and shall not be subject to variation on any account except as provided in the contract. If any bid is submitted with an adjustable price, the bid will be treated as non-responsive and rejected summarily. 8.4 The all-inclusive price quoted by the Bidder shall be in sufficient detail to enable the Purchaser to arrive at the prices of the equipment/system offered. 8.5 Discount, if any, offered by the Bidders, shall not be considered unless it is unconditional and specifically indicated in the price schedule. Bidders desiring to offer discount shall, therefore, modify their offers suitably while quoting and shall quote clearly net price taking all such factors like discount, free supply etc. into account. 10

11 9. Documents establishing Goods Conformity to Bid Documents: 9.1 Pursuant to Clause-6, the Bidder shall furnish, as part of his bid, documents establishing the conformity of all goods and services that he proposes to supply under the contract. 9.2 The documentary evidence of the goods and services in conformity to the Bid Documents may be in the form of literature, drawings, date and he shall furnish: i) A detailed description of the good s technical and performance characteristics. ii) A clause-by-clause compliance on the Purchaser s Technical Specifications demonstrating substantial responsiveness to the Technical Specification and Commercial Conditions. In case of deviations, a statement of deviations and exceptions to the provision of the Technical Specifications and Commercial Conditions shall be given by the Bidder. The deviations may or may not be accepted by the Purchaser. 9.3 For purpose of compliance to be furnished pursuant of clause 9.2 above, the Bidder shall note that the standards for workmanship, material and equipment and reference to brand names or catalogue number, designated by the Purchaser in its Technical Specifications are intended to be descriptive only not restrictive. 10. Bid Security (Earnest Money): 10.1 Pursuant to clause-6, the Bidder shall furnish, as part of his bid, bid security for an amount equal to Rs.2, 00,000/- (Rupees Two Lakhs only) The Purchaser shall not pay any interest on the Earnest Money deposited The bid security is required to protect the Purchaser against the risk of Bidders conduct, which would warrant the security s forfeiture pursuant to Para The bid security shall be in the form of Demand Draft in favour of Indian Institute of Management Calcutta and payable at Kolkata A bid not secured in accordance with Para 10.1 to 10.4 shall be liable to be summarily rejected by the Purchaser as non-responsive The bid security of the unsuccessful Bidder will be discharged/ returned promptly after the expiry of the period of bid validity prescribed by the Purchaser pursuant to clause-11 but not later than 90 days after the release of the Purchase Order in favour of the successful Bidder The successful Bidders bid security will be discharged upon the Bidder s acceptance of the Purchase Order satisfactorily pursuant to Clause-26 and furnishing the performance security. 11

12 10.8 The full amount of the Earnest Money will be absolutely forfeited: i) If a Bidder withdraws his bid during the bid validity period of 90 days. ii) In the case of successful Bidder, if the Bidder fails: a) To sign the contract in accordance with Clause-28 or b) To furnish performance security in accordance with Clause-27. iii) If the successful Bidder seeks modification in the bid in any form, subsequent to opening of the tenders. 11. Period of Validity of Bid: 11.1 Bid shall remain valid for 90 days after the date of bid opening prescribed by the Purchaser. A bid valid for a shorter period shall be rejected by the Purchaser as nonresponsive. 12. Format and Signing of Bid: 12.1 The Bid shall be typed or printed and shall be signed by the Bidder or a person or persons duly authorized by the Bidder. A letter of authorization should be attached in the bid. All pages of the original bid, except for un-amended printed literature, shall be signed by the person or persons signing the bid. The bids submitted shall be properly sealed. Unsealed bids are likely to be rejected The bid shall not contain corrections, erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be signed and attested by the person or persons signing the bid on all copies of the bid. 13. Sealing and Marking of Bids: 13.1 The Bidders shall duly seal the bid i) The outer envelope shall be addressed to: Sr. Administrative Officer (Purchase), Indian Institute of Management Calcutta. ii) Two inner and one outer cover shall bear the Tender Enquiry Number. iii) iv) The inner and outer envelopes shall indicate the name and address of the Bidder to enable the bid to be returned unopened in case it is declared LATE. Tenders shall either be sent by registered post or to be dropped in the box kept in the office of the Sr. Administrative Officer (Purchase), Indian Institute of Management Calcutta. No separate acknowledgment shall be issued. The responsibility for ensuring that the outstation tenders are delivered in time shall rest with the Bidder and the Purchaser shall not be responsible in any manner, whatsoever. 12

13 v) Bids delivered in person shall be delivered to the Sr. Administrative Officer (Purchase), Indian Institute of Management Calcutta before 15:00 hrs. on the due date. The Purchaser will assure no responsibility for the bid s misplacement or premature opening if the outer envelope is not wax sealed and marked as mentioned at Para 13.2(iii). vi) Both Technical and Financial bids shall be submitted in separate envelopes, duly sealed and both envelopes, alongwith the envelope containing the EMD, shall again be enclosed in an outer envelope. Financial bid should be as per the format in Annexure-A and all other relevant details called for with documentary evidence including VAT & Service Tax Registration Certificate, Technical Specification, clause-by-clause compliance and various other details, shall be submitted in Technical bid. 14. Submission of Bids: 14.1 Bids must be received by the Purchaser on the address specified under Para 13.2 not later than hrs. on the due date of receipt of tender The Purchaser has the right to alter the time of submission of the bids and opening of the bids at his discretion The Purchaser has the power to modify, alter any terms and conditions, as long as they are uniformly applied to all. 15. Late Bids: Any bid received by the Purchaser after the date and time for submission of bids prescribed by the Purchaser shall be rejected and returned unopened to the Bidder. 16. Opening of Bids by Purchaser: 16.1 The Purchaser shall open technical bids in the presence of Bidders or his authorized representatives (Authorization to be submitted as per Annexure-F) who may choose to attend at hrs. on due date after ascertaining the EMD in Envelope 1 is in proper format and valid. No offer will be opened without valid EMD The financial bid of technically pre-qualified bidders will be opened by the Purchaser in the presence of Bidders or his authorized representatives who may choose to attend at a date and time to be announced by the Purchaser Financial bid of only those Bidders whose technical bid is found acceptable by IIMC will be opened as per time-schedule to be notified. 13

14 16.4 A maximum of two representatives for any Bidder shall be permitted to attend the bid opening. The Bidder s representatives who are present shall sign an attendance register The Bidder s names and other details as the Purchaser, at its discretion, may consider appropriate will be announced at the opening If the date of opening happens to be an incidental holiday, the bid will be accepted and opened on the next working day till hrs and at hrs respectively. 17. Clarification of Bids: 17.1 To assist in the examination, evaluation and comparison of bids, the Purchaser may, at its discretion, ask the Bidder for the clarification of its bid. The request for clarification and response shall be in writing. However, no post-bid clarification at the initiative of the Bidder shall be entertained. In order to provide an opportunity to the Bidders to seek clarifications, in regards to the terms & conditions, the specifications or any other issue that has a bearing on the cost of goods and services, a Pre-Bid meeting will be held on Interested Bidders may attend the conference in their own interest The Institute does not bind itself to accept the lowest or any tender and reserves to himself the right of accepting the whole or any part of the tender and of altering the quantities offered and supplier shall supply the same at the rate quoted If terms and conditions in the Acceptance of Tender (Purchase Order) are in conflict with terms and conditions outlined herein (invitation to tender), it is to be understood that those in the Acceptance of Tender (Purchase Order) will govern. In the event of any ambiguity or discrepancy, the same shall be explained and adjusted by the Purchaser The Purchaser shall have the right to cancel the contract wholly or in part, on account of any decline, diminution, curtailment or stoppage of the works and in that event, this will be mutually discussed and settled depending upon the Status of the contract During the period of contract, if so, desired by the Purchaser, the bidder shall visit the Purchaser at such place as may be prescribed by the Purchaser for discussions on design matters, progress, expenditure etc. at his own cost. 18. Preliminary Evaluation: 18.1 Purchaser shall evaluate the bids in respect to the substantive responsiveness of the bid or otherwise. Thereafter, the Purchaser shall carry out detailed evaluation of the substantially responsive bids. The Purchaser shall evaluate the bids to determine whether they are complete, whether all the technical compliance are met, whether any computational errors have been made, whether required securities have been furnished, whether the documents have been properly signed and whether the bids are generally in order. 14

15 18.2 Arithmetical errors shall be rectified on the following basis: If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the Purchaser shall correct the total price. When there is a difference between rates in figures and in words, the rates which correspond to the amount worked out shall be taken as correct. If the Bidder does not accept the correction of the errors, his bid shall be rejected Prior to the detailed evaluation, pursuant to Clause-21, the Purchaser will determine the substantial bid, determined as per responsiveness of these clauses. A substantially responsive bid is the one that conforms to all the terms & conditions of the Bid Documents without material deviations. The Purchaser's determination of bid's responsiveness is final and binding and it will be based on the contents and the materials submitted by the Bidder itself, without recourse to extrinsic evidence The bids which are determined substantially non-responsive will be rejected by the Purchaser and shall not, subsequent to the bid opening, be made responsive by the Bidder by correction of the non-conformity The Purchaser may waive any minor error or non-conformity or irregularity in a bid, which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder. 19. Summary Rejection of Bids: 19.1 Any one or more of the following action/commission are likely to cause summary rejection of bid: i) Any bid received late without conclusive proof that it was delivered before the specified closing time. iii) iv) Any bid not accompanied by required Earnest Money Deposit (EMD). Any bid received unsealed or improperly sealed. v) Any conditional bid or bid with conditional rebate. v) Any bid in which rates have not been quoted in accordance with specified formats/details as specified in the Bid Document. vi) vii) Any bid received without VAT, Reg. No. and Service Tax Registration No. etc. Any effort by a Bidder to influence the Purchaser in the bids evaluation, bid comparison or contract award decision. viii) Any bid received with period of validity of bid shorter than 90 days 15

16 20. Evaluation and Comparison of Substantially Responsive Bids: 20.1 The Purchaser shall evaluate in detail and compare the bids previously determined to be substantially responsive pursuant to Clause The evaluation for ranking shall be carried out on the price of goods and services offered inclusive of all taxes and duties and AMC offer for 5 (five) years, after expiry of the warranty period of two years. Bidder shall be required to offer the schedule of prices in the prescribed price schedule format enclosed as Annexure-B as a total composite price inclusive of all taxes. The basic price and all other components need to be individually indicated in the price schedule. The Purchase Order shall be issued based on composite price but shall indicate the basic price for the purpose of VAT and Service Tax. The financial bids shall be evaluated on the basis of the composite price and the quantity of the individual items. Complete package of the goods and services mentioned in the Price Schedules shall be considered for the evaluation of bids. 21 Post Tender Offer and / or Contacting the Purchaser: 21.1 Subject to Clause-18, no Bidder shall try to influence the Purchaser on any matter relating to its bid from the time of the bid opening till the time the contract is awarded Any effort by a Bidder to influence the Purchaser in the Purchaser s bid evaluation, bid comparison or contract award decisions shall result in the rejection of the bid. 22. Purchaser s Right to vary Tendered Quantities: 22.1 The Purchaser reserves the right at the time of award of contract to increase or decrease by up to 25% of the quantity of goods and services specified in the Schedule of Requirements without any change in unit price of the ordered quantity or other terms and conditions For any add-on order, price will be fixed after adjusting the price according to the taxes and duties as on date on such order. 23. Purchaser s Right to Accept Any Bid and to reject any or all the Bids: i) The Purchaser does not bind himself to accept lowest or any other tender. 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 assigning any reason whatsoever and without thereto incurring any liability to the affected Bidder or Bidders on the grounds for the Purchaser s action. ii) Period of Execution: a. The stores as specified in this query are to be supplied as per time period specified in the Time Schedule. 16

17 24. Placement of Order: b. In case, it is not possible to agree to the time period as specified in this query, the Bidders may indicate the time period that can be guaranteed by them. However, the Purchaser is not bound to accept the modified period Prior to the expiration of the period of bid validity, Purchaser will notify the successful Bidder in writing by registered letter, mail or fax, that its bid has been accepted Upon the successful Bidder s furnishing of performance security pursuant to Clause-4 of the General Conditions of Contract, the Purchaser will promptly notify the successful Bidder and will discharge others bid security, pursuant to Clause Annulment of Award: Failure of the successful Bidder to comply with the requirement of Clause-27 shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event the Purchaser may make the award to any other bidder at the discretion of the Purchaser or call for new bids. 26. Post Tender Offers: No post-bid clarifications, at the initiative of the Bidders, shall be entertained and any effort by the Bidders to influence the Purchaser in the Purchaser s bid evaluation, bid comparison or award of contract shall result in rejection of the bid. 27. Price for Ordering: 27.1 The all-inclusive price of goods, fixed by the Purchaser, shall remain valid for the period of delivery schedule stipulated under the Time Schedule. However, payment towards any increase or decrease of taxes and duties will be considered as per prevailing revised rate published by the Competent Authority In case of delayed supplies after delivery period, the advantage of reduction of taxes/duties shall be passed on to the Purchaser and no benefit of increase will be permitted to the suppliers. 28. Placement of Order on Counter Offer: 28.1 The Purchaser is not bound to award contract at the lowest price received in the Tender and reserves the right to negotiate to decide on fair and reasonable price of the product tendered All other terms and conditions of the tender shall remain operative even if a counter offer rate is offered to the Bidders. 17

18 29. Signing of Contract: 29.1 The issue of Purchase order shall constitute the award of contract on the Bidder The Competent Authority shall enter into an agreement on behalf of The Purchaser. The terms and conditions of the agreement will be based on the General Conditions of Contract (Section IV). However, minor modifications, additions or deletions may be done on mutual consent. 30. Quality Assurance Requirements: 30.1 All items of stores shall be tested by the Telephone Department or by the nominated persons of the Institute, on receipt. 18

19 SECTION-IV GENERAL CONDITIONS OF CONTRACT 1. Application: The General Conditions shall apply in contract by the Purchaser for the procurement of goods and services. 2. Standards: The quality of goods supplied under this contract shall conform to the standards prescribed in the Technical Specifications and the additional specifications. 3. Patent Rights: The Bidder shall indemnify the Purchaser against third party claims of infringement of patent, trademark or industrial design rights arising from use of the goods or any part thereof. 4. Performance Security: 4.1 Within 15 days after the Bidder s receipt of the Purchase Order, the Bidder shall furnish Performance Security equal to Ten (10) percent on the quoted value by the successful bidder. 4.2 The proceeds of the Performance Security shall be payable to the Purchaser as compensation for any loss resulting from the Bidder s failure to complete its obligations under the contract. 4.3 In case of failure to replace the supply of defective or inferior quality goods to the Purchaser by Bidder, the performance security shall also be liable to be invoked and absolutely forfeited for any losses / damages caused to or suffered by the Purchaser by reason(s) of any breach by the Bidder or violation of any of the terms and agreement. 4.4 The Performance Security shall be in the form of Bank Guarantee in favour of Indian Institute of Management Calcutta and payable at Kolkata issued by a Scheduled Bank and in the form provided in the Bid Document. 4.5 The Bank Guarantee will be discharged by the concerned Department of the Institute after completion of two years warranty period. 4.6 The said Performance security deposit shall be liable to be absolutely forfeited for any losses/damages caused to or suffered by the Purchaser by reason(s) of any breach by the Bidder due to violation of any of the terms and conditions of the service contract. 19

20 5. Inspections and Tests: 5.1 Before furnishing any document bidder(s) are advised to undertake a visit to the site (during the office hours, on working days) to analyze the site conditions and scope of work, surroundings, etc., at their own cost and risk. IIMC will provide assistance to show the site for which prior appointment needs to be taken from the Officer-In-Charge (Telephones), I.I.M.C. No claims for incomplete assessments, scope of work and site conditions shall be entertained at a later stage. 5.2 The Telephone Department or any representative of the Purchaser (IIMC) has the right to inspect and test the goods as per prescribed test schedules for their conformity to the specifications. Where the Tel. Dept. / Purchaser decides to conduct the testing at the factory premises of the Bidder, all reasonable facilities and assistance like Testing Instruments and other test gadgets including access to drawings and production data shall be furnished to the authorized representative of IIMC at no charge to the Purchaser. All travel and incidental expenses will be borne by the Purchaser. 5.3 If any inspected or tested goods fail to conform to the specifications, the Purchaser may reject them and the Bidder shall either replace the rejection of goods or make all alternations necessary to meet Specification requirements free of cost to the Purchaser. If any equipment or material or any part thereof, before it is taken over, is found to be defective or fails to fulfill the requirements of the contract, the authorized representative of IIMC shall give the Bidder notice setting forth details of such defects or failure and the Bidder shall make the defective equipment good or after the same to make it comply with the requirements of the contract forthwith and in any case within a period not exceeding three months of the initial report the replacement shall be made by the Bidder free of all charges at site. Should it fail to do so within this time, the Purchaser reserves the discretion to reject and replace at the cost of the Bidder the whole or any portion of the equipments as the case may be which is defective or fails to fulfill the requirements of the contract. The cost of any such replacement made by the Purchaser shall be deducted from the amount payable to the Bidder. 5.4 Nothing in Clause-5 shall not in any way release the Bidder from any warranty or other obligations under this contract. 5.5 Inspection and testing shall be as per the provision in the generic specifications attached to the bid. 5.6 The Purchaser, subsequent to the Issue of Purchase Order, shall decide the Inspection Authority. 6. Delivery of Goods and Documents: 6.1 Delivery of the goods and documents shall be made by the Bidder in accordance with the terms specified by the Purchaser in the bid document as well as the Purchase Order 20

21 and the goods shall remain at the risk of the Bidder until delivery has been completed and the Exchange has been commissioned. 6.2 The delivery of the equipment shall commence and shall be completed within time schedule as specified in schedule of requirements and or as stipulated in the Purchase Order or amendments thereof. The time schedule shall be deemed to be the essence of the contract. 7. Technical Assistance: 7.1 The Bidder shall provide proper training (both Hardware & Software) to the Technical Staff of the Telephone Department, for installation, operation and maintenance of the system free of cost, as required by Telephone Department of IIMC. 7.2 The Bidder shall provide all training materials, documents (pertaining to both Hardware & Software) and aids. 7.3 The Bidder shall also provide Operators training to all operators; user s training to all officers/staff & all Faculty members of IIMC free of cost as required by the Institute. 8. Installation, Testing & Commissioning: The Bidder shall quote separate price for installation, testing and commissioning of the equipment that will include the cost of the following: i. Unpacking, assembling and installing the equipments. ii. Integration with the existing cable plan and PRI/BSNL/SIP Link. (as applicable) iii. Providing complete trained manpower, hardware items for assembly and the tools & plants for the installation & testing. iv. Testing and commissioning. No help in terms of manpower, tools etc. shall be provided by the Purchaser. 09. Annual Maintenance Contract: (i) The Bidder shall enter into an Annual Maintenance Contract (AMC) for the comprehensive maintenance of the IP PBX, after expiry of two years warranty. The Warranty period shall commence after the Comprehensive Proof of Concept, which shall be for a period of 01 (one) month, after successful commissioning of the system. The successful bidder will have to carry out comprehensive maintenance of the System for the first 05 (five) years, commencing from the date of expiry of the warranty. (ii) The Bidder shall be fully responsible for the manufacturers warranty in respect of proper design, quality and workmanship of all the equipment, accessories etc. covered by the tender for a period of 24 months from the date of acceptance of the completion of the Job. The bidder at his own cost shall replace defective equipment on site within 4 (four) hrs. The Bidder should carry necessary inventory of equipment locally with this respect. 21

22 (iii) Subject to satisfactory performance, payment for the AMC will be made on quarterly basis, postcompletion of the said quarter. (iv) A Register will be maintained by the Telephone department with all fault logs, date and time. After rectification of the above faults, representatives of the bidder and the Telephone department will sign jointly with remarks (if any). The photocopy of the above reports should be attached with the AMC bills for payment process. (v) The Institute reserves the right to appoint another agency for Annual Maintenance contract, if IIMC is not satisfied with the service provider. (vi) One qualified Service Engineer/ Technician (not below a Diploma Holder in Telecom Engineering) is to be stationed at the IIMC campus throughout the AMC period of 05 years, on 6 days x 8 hours/day basis and available on call basis thereafter. In case the supplier fails to provide an Engineer on regular basis, necessary penalty will be imposed. Cost of the same should be included in the AMC amount. (vii) The cost of comprehensive AMC shall be inclusive of the cost of repair/ replacement/ upgradation of all the items of hardware including IP Phones & software, supplied under the main contract for IP PBX. The Bidder shall provide all features, software and hardware upgrades as part of AMC. (viii) To ensure uninterrupted services at all times without deterioration of the quality, throughout the AMC period, the Bidder shall keep in stock and maintain all required materials including PSUs, cards etc. at their Kolkata office as a ready stock in order to enable smooth functioning of the system and minimize the down-time. In case of failure to maintain the same, suitable penalty, as decided by the Competent Authority, shall be imposed on the Bidder. (ix) Under this contract, the Bidder shall ensure that the IP PBX functions at all time, during the period of AMC, without any deterioration or breakdown in the services. (x) The payment in respect of AMC shall be made quarterly and preferably within 30 (thirty) working days after the submission of the bill. For this purpose, the Bidder shall furnish the bill in the first week of the next quarter. (xi) In the event of failure to provide satisfactory maintenance support, the Institute shall be at liberty to forfeit the payment for the affected period on pro-rata basis. The decision of the Institute in this regard shall be final & binding on the Bidder. (xii) If the dissatisfaction in maintenance support continues beyond one quarter, I.I.M.C shall be at liberty to appoint another agency for AMC, in consultation with the OEM, if required. (xiii) The Bidder shall enter into a back-to-back agreement with the OEM(s) for providing spares and support for the period of 07 (2 years Warranty + 5 years AMC) years of contract. A copy of the agreement should be attached in the Bid. (xiv) In case of change of OEM during the contract period/during process of tendering, the bidder will have to submit the above-mentioned back-to-back agreement with the new OEM. 22

23 9. Warranty: 9.1 The Warranty period of two years shall commence after the Comprehensive Proof of Concept, which shall be for a period of 01 (one) month after successful commissioning of the system. The Bidder shall provide warranty that all the items to be supplied shall be new and free from all defects and faults in material, workmanship and manufacture and shall be of the highest grade, consistent with the established and generally accepted standards for materials of the type ordered and shall perform in full conformity with the specifications and drawings. The Bidder shall be responsible for any defects that may develop under the condition provided by the Bidder and under proper use arising from faulty materials, design or workmanship such as corrosion of the equipment, inadequate quantity of material to meet equipment requirements, deficiencies in circuit design and or otherwise and shall incorporate such defects at their own cost when called upon to do so by the Purchaser who shall state about the defects in writing. This warranty shall survive inspection, for acceptance of goods, but shall expire except in respect of complaints notified prior to such date, two years from the date of commissioning of the IP PBX If it becomes necessary for the Bidder to replace or renew any defective portion/ portions of the equipment under this clause, the provisions of the clause shall apply to the portion/portions of equipment so replaced or renewed or until the end of the above mentioned period of two year, whichever may be later. If any defect is not remedied within a reasonable time, the Purchaser may proceed to do the work at the Bidder s risk and expenses, but without prejudice to any other rights that the Purchaser may have against the Bidder in respect of such defects. 9.3 Replacement under warranty clause shall be made by the Bidder free of all charges at site including freight, insurance and other incidental charges. 10. Payment Terms for Supply of Goods: 10.1 (i) In case of Import, the Letter of Credit will be opened in foreign currency directly in favour of the Director, IIMC on F.O.R, IIM Calcutta campus basis. Insurance should be covered by the bidder, up to IIM Calcutta. The custom duty, insurance, freight, as mentioned in the price schedule, will be paid in Indian rupees. (ii) In other case, 50% (fifty percent) of the cost of equipment will be paid on receipt of stores at site and receipt of Inspection & Testing Report. 25% (twenty five percent) will be paid after installation and successful commissioning of the system. Remaining 25% (twenty five percent) will be paid after expiry of the period of Proof of Concept for one month, after commissioning of the system. (iii) The payment for AMC will be made quarterly in equal installment after the successful AMC services are rendered during the period. (iv) In case IIMC requires to purchase any related item/accessories in future, no advance payment will be made to the vendor. 23

24 10.2 VAT/ Service Tax shall be paid at the rate quoted by the firm or the prescribed rate, on actual presentation of the original voucher. In case, there is any revision in taxes and duties after submission of tender but before issue of Purchase Order, the same shall be taken into account for the purpose of revision of the all-inclusive price In case of delayed supplies, increase in taxes and other statutory duties/levies after the expiry of the delivery date shall be to the Bidder s account. However, benefit of any decrease in these taxes/duties shall be passed on to the Purchaser No payment shall be made (for indigenous supplies) for goods rejected on testing at the consignee s end All materials shall be dispatched F.O.R. IIM Calcutta, in case of indigenous supplies, on FREIGHT PAID BASIS only. The cost of transportation up to the site of installation shall be borne by the Bidder If required, Excise Duty shall be paid on production of advance payment Certificate from the Excise authority. The bidder shall give whenever such information is sought for a satisfactory reply, within one month. Failure to give satisfactory reply shall result in withholding of future payment of Excise duty to the bidder. The paying authority also reserves the right to go through the personal ledger account of the Bidder. 11. Transit Insurance: The Purchaser shall not pay separately for the transit insurance. The Bidder shall be responsible for all kinds of losses i.e. loss due to theft, damage, shortage or any other reason, till the receipt of entire quantity of stores in good condition by the consignee in IIMC s premises. 12. Prices: Prices charged by the Bidder for goods delivered and services performed under the contract shall not be higher than prices accepted by the Purchaser in the Purchase Order The all-inclusive prices fixed by The Purchaser shall remain valid for the period of delivery schedule stipulated under the Time Schedule. Increase and decrease of taxes and duties will not affect the price during the originally offered delivery schedule For any add-on order, price will be fixed after adjusting the price according to the taxes and duties as on date of such order. 13 Changes in Purchase Order: 13.1 The Purchaser may at any time, by a written order given to the Bidder, make changes within the general scope of the contract in any one or more of the following: 24