pawan hans helicopters limited tender final...in the prescribed bid forms and performa attached to...

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PAWAN HANS HELICOPTERS LIMITED A Government of India Enterprise

OFFICE OF THE HEAD(Administration) CORPORATE OFFICE

C-14, SECTOR - 1 NOIDA (U.P.)- 201301

Ph. No. - 91-120-2476769 Fax No. - 91-120-2476983

Website: www.pawanhans.co.in

Notice for Inviting Tender (NIT)

for

Supply of HP Printer Toner / Inkjet Cartridges of different

specifications to Pawan Hans at Corporate Office- Noida,

Northern Region - New Delhi & Western Region - Mumbai

Tender No.: PHHL/CO/IS/98 Dated: 11/05/2012 1. CLOSING DATE & TIME : 04/06/2012 at 1430Hrs.

(for submission of bid under Head of the Department Two Bid System) Administration Corporate Office, PAWAN HANS HELICOPTER LTD,

C-14, Sector-1 Noida 201301

2. OPENING OF TECHNO- : 04/06/2012 at 1500 Hrs.

COMMERCIAL BID Conference Hall (Unpriced) Corporate Office

PAWAN HANS HELICOPTER LTD, C-14, Sector-1

Noida 201301 3. OPENING DATE AND : Will be intimated later on. TIME FOR PRICE BID

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Pawan Hans Helicopters Limited

Corporate Office C-14 Sector - 1 Noida 201301

Tel No.: 91-120-2476769 Fax No. 91-120-2476983

INVITATION TO BID TO, Dear Sirs,

Sealed tenders under “Two Bid Systems” are invited for “Supply of HP printer toners / Cartridges of different specifications at Pawan Hans Corporate office- Noida, Northern Region - New Delhi & Western Region – Mumbai ” on rate contract basis. in the prescribed bid forms and Performa attached to this bid package. The value of total annual procurement at all the locations (Delhi, Mumbai, Noida) is Rs. 40 lakh approx..

1. Closing Date and Time for : 04/06/2012 at 1430Hrs.

submission of bids Pawan Hans Helicopters Ltd, (under two bid system) C-14, Sector-1, Noida - 201301.

2. Opening Date and Time : 04/06/2012 at 1500 Hrs.

(Techno Commercial bid) Pawan Hans Helicopters Ltd, C-14,, Sector-1 Noida – 201301 3. Opening Date and Time for : To be intimated later on

Price bid 4. Bid Security : Amount of Bid Security to be

furnished is Rs 60,000 /- (Rupees Sixty Thousand only) in the form of Demand Draft / pay order in favor of Pawan Hans Helicopters Ltd. Payable at Noida

5. Bid validity up to : 90 days from date of closing of

techno- commercial bid. 6. Estimated Tender value : Rs.40 Lacks approx. 7. Security Deposit : Performance bank guarantee from the

successful bidder @ 10.0% of the estimated tender value as mentioned above at S.No.6.,

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for satisfactory performance of the contract during contract period, which should be valid till the contract period plus ninety (90) days from the date of issue.

8. Tender fee : Rs. 1000 /- (Rupees One Thousand

only) in the form of Demand Draft/ Pay order in favor of Pawan Hans Helicopters Ltd. Payable at Noida.

9. Correspondence Address : Head of the Department (Administration) Pawan Hans Helicopters Ltd C-14, Sector-1 Noida (UP) - 201301.

TELEPHONE: 91-120-2476769 FAX No. 91-120-2476983 Email– [email protected]

The tender will be governed by the i) Instructions to Bidders at Annexure - I , ii) General Conditions of Contract at Annexure - II, iii) Bid Evaluation Criteria at Annexure - III

Bid Evaluation Criteria at Annexure - III shall be the basis of evaluation of the bids. The representatives attending the bid opening must have proper authority letter to attend bid opening as per the Performa attached at Appendix 2 of Annexure I. Bidders are advised to restrict number of representative not more than two during bid opening. Tender fee in the form of demand draft / Pay order in favor of Pawan Hans may be deposited at the time of bid opening.

TWO BID SYSTEM shall be followed for this tender. Bidders should take due care to submit tenders in accordance with requirement in sealed covers.

Offers received late and / or not accompanied with Tender Fee & the

prescribed bid security will be ignored straightaway without any further reference.

Yours Sincerely,

Head of Department (Administration)

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INDEX

Annexure

No.

Details

Page No.

INVITATION TO BID

I.

INSTRUCTIONS TO BIDDERS (ANNEXURE - I)

5

Appendix - 1

Performa of work experience (jobs already completed / jobs in hand)

17

Appendix - 2

Authorisation Letter for Attending Tender Opening

18

Appendix - 3

Price Schedule 19

Appendix - 4 Performa form of Agreement 23

Appendix - 5 Declaration ( for blacklisting )

25

II.

General Conditions of Contract (ANNEXURE - II)

26

Appendix - 1

Performa of Bank Guarantee for Performance Bond

36

III.

BID EVALUATION CRITERIA (ANNEXURE - III)

39

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ANNEXURE - I

INSTRUCTIONS TO BIDDERS A: INTRODUCTION 1. Eligibility and experience of the bidder: -

1.1 Ink-signed original certificate of authorized

dealer/distributor/channel partner for printer Toner/ Ink cartridges issued by HP in the company’s letter head covering entire period of this contract. Bids without the certificate shall be summarily rejected

1.2 Prior to the dead line for submission of the bids, the bidder must

possess a minimum in-line experience of Three (03) years in supply of HP printer Toner/Inkjet cartridges in bulk. The bidder must furnish documentary proof of experience along with techno-commercial (Unpriced) bid.

1.3 Bidder must have successfully executed in last three years at least

Two (02) contracts of similar nature (i.e. supply of Print Cartridges & Toners) with value of Rs. 25.00 Lacs or more in two different years from the date of submission of the bid.( Purchase order or certificate from client indicating contract period & contract value p.a. to be attached as a support) .

1.4 Must have an office in Delhi, Noida & Mumbai. 1.5 Have minimum average Turnover of Rs. 1.5 Crores during last

three financial years i.e. 2008-09, 2009-10, 2010-11, (valid and certified proof has to be attached).

1.6 The bidder must furnish list of all the major contracts undertaken

by him during the last 3 years along with case details in the following Performa. Pawan Hans reserve the right of directly contacting the reference to verify the bidder’s claim. The claim shall be supported by necessary documentary evidence (copy of work orders /contracts etc.) in respect of the project executed.

1.7

Sl. No

Description of order / contract/ project & Name and address of customer

Scope of work

Order reference & value

Contract period

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1.8 The firms who have been black listed by Pawan Hans / Ministries / departments of Government or any other PSU of India are not eligible to quote. Their bids shall not be considered for evaluation. Those bids shall be rejected out rightly.

However, it is informed that mere fulfillment of minimum eligibility

criteria does not entitle the bidder to demand that their financial bid be evaluated

2.0 Refund of tender fee

In the event a particular tender is cancelled, the tender fee if any will not be refunded to the concerned Bidder.

3.0 TRANSFER OF BIDDING DOCUMENT The Bidding document is non transferable. 4.0 COST OF BIDDING

The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Pawan Hans will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

B: THE BIDDING DOCUMENT 5.0 CONTENT OF BIDDING DOCUMENTS 5.1 The services required, bidding procedures and contract terms are

described in the bidding document. In addition to the Invitation for Bids, the bidding documents include:

ANNEXURE - I : Instructions to Bidders with following Appendices

Appendix - 1

Performa of work experience (jobs already completed / jobs in hand)

Appendix - 2

Authorisation Letter for Attending Tender Opening

Appendix - 3

Price Schedule

Appendix - 4 Performa form of Agreement

Appendix - 5 Declaration ( for blacklisting )

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ANNEXURE - II: General Conditions of Contract (GCC) Appendix - 1 : Performa of Bank guarantee for Performance Bond ANNEXURE - III : Bid Evaluation Criteria (BEC) 5.2 The bidder is expected to examine all instructions, forms, terms

and specifications in the bidding documents. Failure to furnish all information required by the bidding documents will be at the bidder’s risk. Tenders not complying with tender conditions and not conforming to tender specifications will result in the rejection of its bid without seeking any clarifications.

6.0 AMENDMENT TO BIDDING DOCUMENTS 6.1 At any time prior to the deadline for submission of bids, the Pawan hans

may, for any reason, modify the bidding documents by amendment(s). 6.2 Further Addendum / Corrigendum if any will be uploaded onto website

of Pawan hans (pawanhans.co.in). 6.3 In order to allow prospective Bidders reasonable time in which to take

the amendments into account in preparing their bids, the Pawan hans may, at its discretion, extend the deadline for the submission of bids.

6.4 In case of unscheduled holiday on the day of opening / last day of

bid, the next working day will be treated as scheduled prescribed day for opening / last day of bid, the time & place notified remaining the same.

C. PREPARATION OF BIDS 7.0 LANGUAGE AND SIGNING OF BID 7.1 The bid prepared by the bidder and all correspondence and documents

relating to the bid exchanged by the Bidder and the Pawan hans, shall be written in English language.

7.2 Bids shall be submitted in the prescribed bid Performa as per

appendices - 1 to 5 of Annexure - I. The prescribed Performa at Appendices of Annexure - I, duly filled in and signed should be returned intact whether quoting for any item or not. When items are not being tendered for, the corresponding space should be defaced by some such words as "Not Quoting".

7.3 In the event of the space on the bid Performa being insufficient for the

required purpose, additional pages may be added. Each such additional page must be numbered consecutively, showing the tender number and

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should be duly signed. In such cases reference to the additional page(s) must be made in the bid.

7.4 The bid Performa referred to above, if not returned or if returned but not

duly filled in will be liable to result in rejection of the bid without any further reference.

7.5 The Bidders are advised in their own interest to ensure that all the

points brought out in the BEC are complied with in their bid, failing which the offer is liable to be rejected.

7.6 The bid papers, duly filled in and complete in all respects shall be

submitted together with requisite information and Annexures/ Appendices. It shall be complete and free from ambiguity, change or interlineations.

7.7 The bidder should indicate at the time of quoting against this tender

their full postal addresses, email id /fax etc. 7.8 The Bidder shall sign its bid with the exact name of the firm with whom

the contract is to be executed. The bid shall be duly signed and sealed by an authorized officer of the Bidder's organization. Each bid shall be signed by a duly authorized officer and in the case of a Pawan hans the same shall be sealed with the Pawan hans seal or otherwise appropriately executed under seal.

7.9 The power of attorney or authorization, or any other document consisting of adequate proof of the ability of the signatory to bind the bidder, shall be annexed to the bid. Pawan hans may reject outright any bid not supported by adequate proof of the signatory's authority.

7.10 Any interlineations, erasures or overwriting shall be valid only if they are

initialed by the person or persons signing the bid & the seal affixed.

7.11 The complete bid including the prices must be written by the bidders in indelible ink. Bids and or prices written in pencil will be rejected.

8.0 CLARIFICATION IN RESPECT OF INCOMPLETE OFFERS 8.1 Prospective bidders are advised to ensure that their bids are complete

in all respects and conform to PAWAN HANS's terms, conditions and bid evaluation criteria of the tender. Bids not complying with Pawan hans requirement will be rejected without seeking any clarification.

9.0 DOCUMENTS COMPRISING THE BID 9.1 The bid prepared by the Bidder shall comprise the following

components, duly completed:

a) Price schedule.

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b) Documentary evidence establishing that the Bidder is eligible to

bid and is qualified to perform the contract if its bid is accepted. The documentary evidence of the Bidder's qualifications to perform the Contract if its bid is accepted, shall establish to the Pawan hans satisfaction:

(i) That the bidder has the financial, technical capability

necessary to perform the Contract; (ii) That the bidder meets the qualification criteria prescribed in

the Bid Evaluation Criteria (Annexure - III). c) Documentary evidences that the works to be rendered by the

Bidder conform to the requirements of bidding documents. d) The Tendering firms/agencies are required to submit technical

bid enclosing therewith photocopies of following documents (Documents in original should be produced for verification before signing of the agreement ), failing which their bids will be summarily/out-rightly rejected and will not be considered any further:

(i) Audited copy of Balance sheets and Profit & Loss A/c

Statement for the three financial years; i.e. 2008-09, 2009- 10, 2010-11

(ii) Copy of CST/VAT/TIN Registration Certificates; (iii) Copy of PAN/GIR Card; (iv) Copies of Income Tax Return filed for three financial

years; ; i.e. 2008-09, 2009-10, 2010-11. (v) Ink-signed certificate of authorized dealer/ distributor/

channel partner for printer cartridges issued by HP in the company’s letter head covering entire period of this contract. Bids without the certificate shall be summarily rejected.

(vi) Proof of three years’ experience in supplying HP toner/inkjet cartridges in bulk..

(vii) Certificate of Registration under shop & establishment Act from the concerned authority for all the locations

(viii) Declaration regarding blacklisting or otherwise. (Annexure I )

(ix) Any other document required as a proof to fulfill eligibility criteria

e) Bid security & Tender Fee. f) All appendices of the bid document duly filled in.

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10.0 PRICE SCHEDULE 10.1 The Bidder shall complete the appropriate price schedule

(Appendix - 3) furnished in the bidding document, indicating the items to be provided.

10.2 Bid Prices

10.2.1 The bidder shall quote all his prices for all the item covered under this tender in a manner as shown in Schedule of Prices (Appendix - 3).

10.2.2 The lump sum price shall include all duties, taxes and

levies etc. as applicable, including all other relevant taxes.

10.2.3 Price quoted by the bidder shall be firm during the bidder's

performance of the contract and not subject to variation on any account.

10.2.4 Total figure stated in the price schedule shall also be repeated in words and in the event of any discrepancy between the amount stated in figures and words, the rates quoted in words shall be deemed to be the correct amount.

10.2.5 Prices should be quoted FOD (Free of delivery ) basis at Pawan hans

10.2.6 Discount: Bidders are advised not to indicate any separate discount. Discount, if any, should be merged with the quoted prices. Discount of any type, indicated separately, will not be taken into account for evaluation purpose. However, in the event of such an offer, without considering discount, is found to be lowest, PAWAN HANS shall avail such discount at the time of award of contract.

10.3 CONCESSIONS PERMISSIBLE UNDER STATUTES

Bidder, while quoting against this tender, must take cognizance of all concessions permissible under the statutes including the benefit under Central Sale Tax Act, 1956, failing which it will have to bear extra cost where Bidder does not avail concessional rates of levies like customs duty, excise duty, sales tax, etc. Pawan hans will not take responsibility towards this.

11.0 BID CURRENCIES

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Bidders should quote firm prices in Indian rupee only. Prices quoted in any other currency shall not be considered.

12.0 PAYMENT Refer General Conditions of Contract. 13.0 VAGUE AND INDEFINITE EXPRESSIONS 13.1 Bids qualified by vague and indefinite expressions such, as

"Subject to availability" etc. will not be considered. 14.0 PERIOD OF VALIDITY OF BIDS

14.1 The Bid shall be valid for acceptance for the period as indicated

in the "Invitation for Bid" (hereinafter referred to as ‘validity period’) and shall not be withdrawn on or after the opening of bids till the expiration of the validity period or any extension agreed thereof.

14.2 The Bidder will undertake not to vary/modify the bid during the

validity period or any extension agreed thereof. 14.3 In exceptional circumstances, prior to expiry of the original bid

validity period, the Pawan hans may request the bidder for a specified extension in the period of validity. The requests and the responses thereto shall be made in writing. Bidder agreeing to the request will neither be required nor permitted to modify his bid, and will be required to extend the validity of the Bid Security correspondingly. The provisions of clause regarding forfeiture shall continue to apply during the extended period.

15.0 BID SECURITY 15.1 The Bid Security is required to protect the Pawan hans against

the risk of Bidder's conduct, which would warrant the security's forfeiture in pursuance to clause 16.7.

15.2 Government Departments and Central Public Sector

Undertakings are exempted from payment of Bid Security. Small Scale Industrial (SSI) units which are themselves registered with NSIC (and not their dealers / distributors) are also exempted from payment of Bid Security irrespective of monetary limit mentioned in their registration certificate provided they are registered for the items they intend to quote.

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15.3 The Bidders not covered under Para 16.2 above must enclose with their offer (in case of two bid system, with techno- commercial bid) bid security. The amount for bid security has been indicated in the "Invitation for Bid".

15.4 The Bid Security shall be acceptable in following form:

i) Bank demand Draft in favor of Pawan Hans Helicopters Ltd. Payable at Noida valid for 3 months from its date of issue..

15.5 Pawan hans shall not be liable to pay any bank charges,

commission or interest on the amount of Bid Security. 15.6 Subject to provisions in Para 16.2 above, offers without Bid

Security will be ignored/ out rightly rejected. 15.7 The Bid Security shall be forfeited by Pawan hans in the following events:

a) If Bid is withdrawn during the validity period or any extension thereof duly agreed by the Bidder.

b) If Bid is varied or modified in a manner not acceptable to

Pawan hans during the validity period or any extension of the validity duly agreed by the Bidder.

c) If a Bidder, having been notified of the acceptance of its bid,

fails to furnish Security Deposit/Performance Bank Guarantee (Performance Security) within 15 days of notification of such acceptance.

15.8 The Bid Security of unsuccessful Bidders will be returned on

finalization of the Tender. The Bid Security of successful bidder will be returned on receipt of Security Deposit/Performance Bond (Performance Security).

16.0 TELEFAX/XEROX/PHOTOCOPY BIDS: 16.1 E-mail ID/Telefax/Xerox/Photocopy bids will not be considered. D. SUBMISSION AND OPENING OF BIDS 17.0 SEALING AND MARKING OF BIDS. 17.1 The original copy of the Bid is to be submitted in a double cover.

The inner cover should be sealed and super scribed as "Tender Number and due for opening on 04/06/2012. The outer cover should duly bear the tender number and date of closing/opening prominently underlined, along with the address of Pawan hans’s office, as indicated in Invitation For Bids.

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17.2 The inner cover shall also indicate the name and address of the Bidder

to enable the bid to be returned unopened in case it is declared "late". 17.3 The right to ignore any offer, which fails to comply with the above

instructions, is reserved. Only one bid should be included in one cover.

17.4. In case of "Two Bid System" offers are to be submitted with two inner

sealed covers. The first inner sealed cover will contain Techno-Commercial bids having all details but with price column blanked out. However a mark ( Y ) shall be provided against each item of the price bid format to indicate that there is a quote against this item in the Priced Commercial bid. This cover will clearly be super scribed with "Techno-Commercial bid" along with tender number and item description. The second sealed inner cover will contain only the price schedule duly filled in and signed and will be clearly super scribed with “Price Bid" along with tender number. These two covers shall be put into outer cover and sealed. The outer cover should duly bear the tender number and date of closing/opening prominently underlined, along with the address of this office.

17.5 Price bids, which remain unopened with Pawan hans, will be destroyed

/shredded after six (6) months of the finalization of the tender. 17.6 Any change in quotation after opening of the tender WILL NOT BE

CONSIDERED. 17.7 Pawan hans will not be responsible for the loss of tender form or for the

delay in postal transit. 18.0 DEADLINE FOR SUBMISSION OF BIDS 18.1 The Bid must be received by the PAWAN HANS at the address

specified in Invitation for Bids not later than 1430Hrs (IST) on the notified date of closing of the tender. All out-station tenders, if sent by post, should be sent under registered cover and must ensure to reach on or before its schedule date & time.

19.0 LATE BIDS 19.1 Bidders are advised in their own interest to ensure that bid reaches the

specified office well before the closing date and time of the bid. 19.2 Any bid received after dead line for submission of bid, will be rejected

and returned unopened.

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20.0 MODIFICATION AND WITHDRAWAL OF BIDS No bid may be modified after the dead line for submission of bids. 21.0 OPENING OF BIDS 21.1 The bid will be opened at 1500 Hrs. (IST) on the date of opening

indicated in "Invitation for Bid". The Bidder or his authorized representative may be present at the time of opening of bid on the specified date, but a letter in the form annexed at Appendix - 2 hereto must be forwarded to this office along with bid and a copy of this letter must be produced in the office by the person attending the opening of bid. Unless he presents this letter, he may not be allowed to attend the opening of bid.

E. EVALUATION OF BIDS 22.0 EVALUATION AND COMPARISON OF BIDS 22.1 Evaluation and comparison of bids will be done as per provisions of Bid

Evaluation Criteria (BEC) at Annexure - III to be supplied separately along with bidding document against individual tenders.

23.0 UNSOLICITED POST TENDER MODIFICATIONS: 23.1 Any bidder who modifies his/her bid (including all modifications

which has the effect of altering his offer) after the closing date, without any specific reference by Pawan hans shall render his bid liable to be ignored and rejected without notice and without reference to the bidder.

24.0 EXAMINATION OF BID 24.1 The Pawan hans will examine the bids 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 bids are generally in order.

24.2 The Pawan hans will determine the conformity of each bid to the bidding

documents. Bids falling under the purview of “Rejection Criteria” of the bid Evaluation Criteria of the bidding document will be rejected.

25.0 Purchase preference to Central PSUs:

25.1 As and when applicable, Purchase Preference Clauses for Indian

Central Public Sector Undertaking Bidder would be followed, as per guidelines of the Govt. of India.

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26.0 If there is a discrepancy between the amounts expressed in words and

figures, the amount in words shall prevail. 27.0 CONTACTING THE PAWAN HANS

No bidder shall contact the PAWAN HANS on any matter relating to its bid, from the time of the opening to the time the contract is awarded.

F. AWARD OF CONTRACT 28.0 AWARD CRITERIA.

The purchaser will award the contract to the successful bidder whose bid has been determined to be in full conformity to the bid documents and has been determined as the lowest evaluated bid.

29. PAWAN HANS’S RIGHT TO ACCEPT ANY BID AND TO REJECT

ANY OR ALL BIDS. 29.1 Pawan hans reserves the right to reject, accept or prefer 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 & without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the ground for PAWAN HANS’s action. The decision of Pawan hans, in this regard, shall be final and binding on all.

30.0 BLACKLIST OF BIDDER

30.1 The PAWAN HANS reserves the right to black list a bidder for a

suitable period in case the firm fails to honor its bid without sufficient grounds.

30.2 If a firm after award of the contract violates any of the terms and conditions, it shall be blacklisted and its EMD/ performance BG shall be forfeited

31.0 NOTIFICATION OF AWARD

31.1 Prior to the expiration of the period of bid validity, the PAWAN HANS will notify the successful bidder in writing that its bid has been accepted.

31.2 The notification of award will constitute the formation of the contract.

31.3 Upon the successful bidder's furnishing performance BG, pursuant to clause 34, the PAWAN HANS will promptly notify each unsuccessful bidder and discharge their bid securities.

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32.0 SIGNING OF CONTRACT

32.1 The successful bidder is required to sign a contract with PAWAN HANS within a maximum period 20 days of date of FOI (Fax of Intent) / LOI. Until the contract is signed, the FOI (Fax of Intent) / LOI shall remain binding amongst the two parties.

33.0 PERFORMANCE SECURITY

33.1 Within 15 days of the receipt of notification of award from the PAWAN HANS, the successful Bidder shall furnish the Performance Security in accordance with the conditions of the contract, in the Performance Security Form provided at Appendix - 1 of Annexure - II of the bidding documents, or another form acceptable to the PAWAN HANS.

33.2 Failure of the successful Bidder to comply with the requirement of clause 33.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event the PAWAN HANS may make the award to the next lowest evaluated bidder or call for retendering.

34.0 CORRESPONDENCE.

34.1 PAWAN HANS’s Fax No. is 91-120-2476983.

34.2 All correspondence from Bidders/ contractor shall be made to the office of the Administration from where this tender has emanated i.e at the following address.

Head of Department (Administration) Corporate office Pawan Hans Helicopters Limited C-14, Sector-1, Noida (UP) - 201301. TELEPHONE: 91-120-2476769 FAX No. 91-120-2476983 Email – [email protected]

34.3 All correspondence shall bear reference to bid number & NIT for

Supply of HP printer toners / Cartridges of different specifications at Pawan Hans Corporate office- Noida, Northern Region - New Delhi & Western Region – Mumbai on rate

contract basis.

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APPENDIX - 1

PROFORMA OF WORK EXPERIENCE (JOBS ALREADY COMPLETED / JOBS IN HAND)

Sl.No

Name and address of the client

Description of the work

Value of the contract

Contract period

Remarks Contact Person with Tel./Mobile No. From TO

NOTE: 1. Certificate from clients to be enclosed along with this Performa. Signature of the Bidder _______________________ Name___________________ _________________________

Seal of the Company.

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APPENDIX - 2

AUTHORISATION LETTER FOR ATTENDING TENDER OPENING NO. Date ___________ To, Head of Department (Administration) PAWAN HANS HELICOPTERS LIMITED Corporate Office C-14, Sector - 1, NOIDA – 201301. Subject: Tender No. ___________________ due on ______________ Sir,

Mr................................ has been authorized to be present at the time of opening of above tender due on................ at ....................., on my/our behalf. Yours faithfully Signature of Bidder Copy to:

Mr.......................………………………for information and for production before the Head of Department (Administration)- Corporate Office, at the time of opening of bids.

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Appendix - 3

Price Schedule for Supply of HP printer toners / Cartridges of different specifications at Pawan Hans Corporate office- Noida, Northern Region - New Delhi & Western Region – Mumbai

S. NO

DETAILS OF TONER / CARTRIDGES

TENTATIVE QTY.(P.A.) *

TENTATIVE QTY.(P.A.) * *

TENTATIVE QTY.(P.A.) *

TOTAL TENTATIVE QTY.

BRAND UNIT RATE /UNIT (In Rs.)

RATE /UNIT (In Rs.)

RATE /UNIT (In Rs.)

NOIDA DELHI MUMBAI NOIDA DELHI MUMBAI

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

1 CARTRIDGE HPC8767ZZ (853)

8 1 1 10 HP ONE

2 CARTRIDGE CD972AA (920) 10 1 1 12 HP ONE

3 CARTRIDGE CD973AA(920) 10 1 1 12 HP ONE

4 CARTRIDGE CD974AA(920) 10 1 1 12 HP ONE

5 CARTRIDGE CD975AA (920) 10 1 1 12 HP ONE

6 CARTRIDGE HP 51645A 15 1 1 17 HP ONE

7 CARTRIDGE HP 6578 A 10 1 1 12 HP ONE

8 CARTRIDGE HP CB336ZZ (860XL)

20 1 9 30 HP ONE

9 CARTRIDGE HP CB336ZZ (861XL)

15 1 1 17 HP ONE

10 CARTRIDGE HP1823 D (23) 2 1 1 4 HP ONE

11 CARTRIDGE HP6615 A 8 1 1 10 HP ONE

12 CARTRIDGE HP6656A (56) 65 70 7 142 HP ONE

13 CARTRIDGE HP8727 (27) 60 50 19 129 HP ONE

14 CARTRIDGE HP8728A (28A) 2 1 1 4 HP ONE

15 CARTRIDGE HP9351A (21) 30 100 6 136 HP ONE

16 CARTRIDGE HP9352 (22) 50 106 12 168 HP ONE

17 CARTRIDGE HPC9363ZZ (857)

8 1 1 10 HP ONE

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18 CARTRIDGE HPCC660A (702)

50 22 1 73 HP ONE

19 CARTRIDGE HPCC8721ZZ (801)

4 1 1 6 HP ONE

20 CARTRIDGE HPCC8731 (801)

6 1 1 8 HP ONE


6 1 1 8 HP ONE


6 1 1 8 HP ONE


6 1 1 8 HP ONE


6 1 1 8 HP ONE

25 TONER HP7560A 1 1 1 3 HP ONE

26 TONER HP7563A 1 1 1 3 HP ONE

27 TONER HPC9730A 5 1 1 7 HP ONE




31 TONER HPCB436 (36A) 25 34 1 60 HP ONE

32 TONER HPCB540 105 1 1 107 HP ONE




36 TONER HPCC388A (88A) 80 130 23 233 HP ONE

37 TONER HPCE250A 10 1 1 12 HP ONE






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45 TONER HPQ2612A (12A) 30 59 69 158 HP ONE

46 TONER HPQ7561A 1 1 1 3 HP ONE

47 TONER HPQ7562A 1 1 1 3 HP ONE

48 128 TONNER 1 1 1 3 HP ONE

49 1525N COLOR LAJER JET 1 1 0 2 HP ONE

50 16A TONNER 1 1 2 4 HP ONE

51 2108Z PLOTTER 1 1 0 2 HP ONE

52 29 TONNER 1 1 1 3 HP ONE

53 45 BLACK CARTRIDGE 1 1 1 3 HP ONE

54 78 A TONNER 1 1 1 3 HP ONE

55 78 COLOR CARTRIDGE 1 1 1 3 HP ONE












67 INKJET CART NO. 6657 1 55 1 57 HP ONE


69 CARTREDGE NO.818 1 83 1 85 HP ONE


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72 HP 436 TONER 1 34 1 36 HP ONE

73 HP CE 320 TONER 1 16 1 18 HP ONE

TOTAL

( A ) ( B ) ( C )

*may vary +/- 15%

Grand Total in Words (A+B+C) : - ____________________________________________________________

Note: - 1. Rates for items mentioned at Col 9, Col 10 & Col 11 should be inclusive of all taxes, octroi etc.

2. Tentative Quantity mentioned above is only indicative .Quantity of printer toner /cartridges,

to be supplied may vary from time to time. PAWAN HANS shall place the order as per the actual requirement only from time to time The payment shall be made as per actual quantity ordered. No guarantee will be given for minimum consumption of quantity or value during the Contract period.

3. L1 will be decided on the basis of Grand Total (A+B+C) based on unit price mentioned in Col 9, Col 10 & Col 11.

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APPENDIX - 4

PROFORMA FORM OF AGREEMENT This CONTRACT is made and entered into on this …..day of …Two thousand and __________ by and between PAWAN HANS HELICOPTERS LIMITED, Corporate Office, Noida (hereinafter referred to as “PAWAN HANS” which expression shall include its successors, administrators, executors and assignees) on the one part and M/s …………………., a _________ registered under the __________ Act with its Registered office at ……… referred to as the “CONTRACTOR” (which expression shall include its successors, administrators, executors and permitted assignees) on the other part. Whereas PAWAN HANS is desirous of …………… (description of services) for carrying out PAWAN HANS’s operations conforming to specifications as set forth in the Scope of Work, Specifications, Drawings, Special Conditions of Contract etc. at Annexure ____ of this Agreement on Turnkey basis. And Whereas the CONTRACTOR represents that it has the necessary experience for carrying out PAWAN HANS's operations as referred to herein and has submitted a bid for providing the required services against PAWAN HANS’s Tender No………. all in accordance with the terms and conditions set forth herein and any other reasonable requirements of the PAWAN HANS from time to time. And Whereas PAWAN HANS's has accepted the bid of the CONTRACTOR and has placed Fax order / Letter of Intent /Notification Of Award vide its letter ……….. Dated…. on the CONTRACTOR. Now it is hereby agreed to by and between the parties as under: a) In this Agreement, words and expressions shall have the same meanings as are

respectively assigned to them in the contract document b) The following documents annexed herewith shall be deemed to form and be read

and construed as integral parts of this contract and shall be taken as mutually explanatory to one another.

1. Agreement.

2. General Conditions of Contract. 3. Bid evaluation criteria, Price schedule etc

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c) The CONTRACT constitutes the entire agreement between the PAWAN HANS and the CONTRACTOR, with respect to the subject matter of the CONTRACT supersedes all communications, negotiations and agreements (whether written or oral) of the parties with respect thereto made prior to the date of this Agreement.

d) The CONTRACTOR hereby covenants with PAWAN HANS to perform the

WORKS in conformity in all respects with provisions of the CONTRACT and in consideration of the carrying out and completion of the WORKS by the CONTRACTOR, the PAWAN HANS hereby covenants to pay the amounts at the times and in the manner described hereinafter.

IN WITNESS WHEREOF the parties here to have executed this Agreement on the date mentioned herein above. FOR AND ON BEHALF OF FOR AND ON BEHALF OF

PAWAN HANS HELICOPTERS LIMITED (CONTRACTOR) (PAWAN HANS) WITNESS WITNESS 1)……….. 1)………. 2)……….. 2)………. (BY CONTRACTOR) (BY PAWAN HANS)

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APPENDIX - 5

SUPPLY OF HEWLETT-PACKARD (HP) BRAND TONER/INKJET CARTRIDGES OF DIFFERENT SPECIFICATIONS TO PAWAN HANS

HELICOPTERS LIMITED, NOIDA

DECLARATION

From

M/s. …………………………………………….. ……………………………………………………… ………………………………………………………

To

Head of the Department Administration

PAWAN HANS HELICOPTERS LIMITED, NOIDA

Dear Sir,

1. I/We have read and understood the contents of the Tender and agree to abide by the terms and conditions of this Tender.

2. I / We also confirm that in the event of my/our tender being accepted, I/we hereby undertake to furnish Performance BG, as applicable.

3. I / We further undertake that none of the Proprietor/Partners/Directors of

the firm was or is Proprietor or Partner or Director of any firm with whom the Government have banned / suspended business dealing. I/We further undertake to report to the PAWAN HANS HELICOPTERS LIMITED, Noida immediately after we are informed but in any case not later than 15 days, if any firm in which Proprietor /Partners/Directors are Proprietor or Partner or Director of such a firm which is banned/suspended in future during the currency of the Contract with you.

Date:

Yours faithfully,

(Signature of the Bidder) Name: Designation with Seal of the Firm

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ANNEXURE - II

1. DEFINITIONS: Unless inconsistent with or otherwise indicated by the context, the following terms stipulated in this CONTRACT shall have the meaning as defined hereunder 1.1 CONTRACT

Shall mean a written contract signed between the PAWAN HANS and the CONTRACTOR (the successful bidder) including subsequent amendments to the CONTRACT (agreed by both the PAWAN HANS and the CONTRACTOR) in writing thereto.

1.2 CONTRACT PRICE

Shall mean the sum accepted or the sum calculated in accordance with the rates accepted by PAWAN HANS and amendments thereof, and shall be deemed to include all fees, registration and other charges paid to statutory authorities without any liability on PAWAN HANS for any of these charges. The prices will remain firm during currency of the CONTRACT, including any extension thereof mutually agreed, unless specifically agreed to in writing by PAWAN HANS.

1.3 CONTRACTOR

Shall mean any person/ persons/ firm/ company etc. to whom contract has been awarded and whose bid has been accepted by PAWAN HANS and shall include its authorized representatives, successors and permitted assignees.

1.4 CONTRACTOR’S REPRESENTATIVE

Shall mean any personnel nominated by the CONTRACTOR and notified in writing to the PAWAN HANS as having authority to act for the CONTRACTOR in matters affecting the WORK and to provide the requisite services.

1.5 PAWAN HANS:

Shall mean PAWAN HANS HELICOPTERS LTD., India and shall include its legal representatives, successors and assignees.

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1.6 PAWAN HANS's REPRESENTATIVE/ PROJECT COORDINATOR

Shall mean the person or the persons appointed by PAWAN HANS from time to time to act on its behalf for overall co-ordination, supervision and project management.

1.7 DAY

Shall mean a calendar DAY of twenty-four (24) consecutive hours beginning at 00.00 hours with reference to local time at the SITE.

1.8 PERFORMANCE GUARANTEE:

Shall mean the period and other contractual obligations as provided in the CONTRACT.

2.0 NOTICES AND ADDRESSES:

For the purposes of this CONTRACT, the addresses of the parties will be as follows and all correspondence and notices in relations to the present CONTRACT sent to the parties at the addresses mentioned below shall be deemed to be sufficient service of notice on the parties. All such notices as well as reports, invoices and other relevant material shall be addressed to the parties as per the address given below:

2.1 PAWAN HANS HELICOPTERS LIMITED

The Head of Department (Administration)

Corporate Office, PAWAN HANS HELICOPTERS LIMITED C-14, Sector - 1, NOIDA - 201301 PHONE: 91 - 120 - 2476769, FAX: 91 - 120 - 2476983

Email – [email protected]

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2.2 CONTRACTOR'S REGISTERED OFFICE AND ADDRESS

____________________________ ____________________________

____________________________ Fax: ________________ Ph: _________________ e-mail: ___________________

3. SPECIAL INSTRUCTIONS:

3.1 Once the techno-commercial bids are opened no further interactions will be held with the Bidders for clarifications etc. Conditional bids will be summarily rejected in technical / techno commercial / commercial as well as financial evaluation stages.

3.2 The bidder must give numbers on each page of their bid.

4.0 Frequency of Purchase orders/ delivery

Normally Purchase Orders (POs) will be issued once in a month. The delivery of the HP toner/inkjet cartridges of different specifications has to be effected within 3 working days of placing the order. However, PAWAN HANS reserves the right to place the purchase orders at shorter intervals and get the supply immediately depending upon their urgent requirement . P a yment will be made on monthly basis on the actual quantity of supplies made at the prices approved by the PAWAN HANS. The name and mobile number of the nodal person, who can be contacted at any time, even beyond office hours and on holidays should be provided to this Office. This person should be capable of taking orders and arrange for supply of the desired items, even at short notice.

5.0 Genuinity of the supplies

5.1 The material shall be in original packing from the manufacturer clearly

indicating manufacturing date, expiry date & price, etc. Any manufacturing defect of any shape/kind shall have to be immediately replaced with a new one. In no case refilled cartridges or refurbished items be supplied. If any item is subsequently found to be of a substandard (inferior quality)/substitute/refurbished or refilled, the same will be rejected and any loss caused to the printers due to such cartridges shall be recovered from the firm and the payment of bill against the materials issued will not be made and the firm will be liable for appropriate action. Repeated supply of inferior quality computer accessories, add-on items,

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printer cartridges, etc., shall make the contract liable to cancellation and forfeiture of performance security in whole or part

thereof at the discretion of PAWAN HANS

The supply shall be completed within the delivery time as in point / provision 4 of Terms & Conditions of the Tender Document from the date of placement of Purchase Order.

6.0 Delivery

6.1 Delivery of Printer Toner & Ink Cartridges to the office including

transportation, and receipt of material at PAWAN HANS site address mentioned below shall be at the cost and responsibility of the bidder.

1) Corporate office

C-14 , sector 1 Noida, UP

2) Pawan Hans Helicopters Ltd. Northern Region office, Safdarjung Airport,

New Delhi, 110003

3) Western Region Juhu Aerodrome, S.VRoad Vile Parle (West), Mumbai-56 Mumbai

7.0 Validity of Rates

7.1 The rates quoted by the selected firm and approved by this Office shall

remain valid throughout the period of the contract and requests to increase the rates for any items (s), during the currency of the contract, shall not be considered. Any benefit of scheme announced by the principals viz. M/s. HP on bulk purchases etc. shall be passed on to the PAWAN HANS at no extra cost.

8.0 CHANGE OF QUANTITIES

8.1 Quantity of printer toner /cartridges, to be supplied may vary from

time to time. PAWAN HANS shall place the order as per the actual requirement only from time to time.

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9.0 Agreement 9.1 The selected bidder shall sign an agreement with the PAWAN HANS

HELICOPTERS LIMITED (PAWAN HANS) as per the specimen ( Appendix 4 of Annexure –I )

10.0 Payment Terms:

10.1 No advance payment in any form shall be made to the successful bidder.

10.2 Income tax or any other applicable tax deductions will also be made

as per rules prevailing. In addition to the income tax, any other taxes and duties will be as per the instructions given in BEC (Commercial) will also be deducted.

10.3 In the event of the contractor failing to honor any of the commitment

entered under the contract and/or in respect of any amount due from the contractor to the PAWAN HANS (including but not limited to liquidated damages charges), the PAWAN HANS shall have the unconditional option to invoke the performance guarantee and claim the amount from the bank. The bank shall be obliged to make payment to the PAWAN HANS upon demand.

10.4 The contractor shall submit invoice (s) in triplicate prepared in the name

of authorized person at the respective location along with all the required certificates and supporting documents as per the tender terms & condition.

10.5 The payment will be made within fifteen (15) working days from the

date of receipt of the bills / invoices and other documents in PAWAN HANS, complete in all respect. However, no interest or claim will be payable, in case of delay of payment, due to any reason whatsoever.

10.6 The payment will be made through E-payment (i.e. RTGS / NEFT/ ECS).

The contractor shall provide necessary details like Account number,Bank name, Bank address, Bank code, RTGS / IFSC, MICR code, PAN & TIN numbers etc along with invoices / bills.

11. REMOVAL/ REPLACEMENT OF IMPROPER WORK AND MATERIALS 11..1 During the contract period the PAWAN HANS’S REPRESENTATIVE

shall have the power to order:

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i) the removal from SITE of any item which are not in accordance with the CONTRACT and which are supplied by the CONTRACTOR. The item shall be removed by the CONTRACTOR at his own expense.

ii) the substitution of proper and suitable item according to CONTRACT

SPECIFICATIONS.

Such orders shall be issued by the PAWAN HANS’S authorised representative in writing.

11.2 In case of default on the part of the CONTRACTOR in carrying out an order

pursuant to Clause 6.5.1 the PAWAN HANS shall be entitled to deploy other person/agency to carry out such supplies and all expenses directly related thereto shall be recoverable from the CONTRACTOR by the PAWAN HANS. PAWAN HANS will notify the CONTRACTOR of the amount, with details, so incurred by it. If the CONTRACTOR fails to pay the amount to the PAWAN HANS within 15 Days from the receipt of the invoice with the required back-up documents the amount may be deducted by the PAWAN HANS from any money which is due or which may become due to the CONTRACTOR.

12.0 PERFORMANCE GUARANTEE (PBG)

12.1 Within 15 (fifteen) days of the issue of Notification Of Award from the PAWAN HANS, the CONTRACTOR (successful Bidder) shall furnish the Performance Guarantee/ Security Deposit in the form of an unconditional and irrevocable letter of guarantee for due performance of the CONTRACT, as per Performa given at Appendix - 1 for a sum equivalent to 10% of the estimated contract value as mentioned in Invitation to Bid. This irrevocable letter of guarantee shall be drawn in favour of the PAWAN HANS and shall be initially valid for a period of sixty days beyond the date of completion of all contractual obligations by the supplier including warranty obligation, if any. EMD will be refunded to the successful bidder on receipt of performance security.

12.2 Performance Bank Guarantee will be released after all contractual obligations by the supplier including warranty obligation, if any, is over. This can be withheld or forfeited in full or in part in case the supply order is not executed satisfactorily within the stipulated period.

12.3 The PAWAN HANS shall have the right under this guarantee to invoke the

Banker's guarantee and claim the amount there under in the event of the CONTRACTOR failing to honour any of the commitments entered into under this CONTRACT.

12.4 Notwithstanding what has been stated here above in this Clause in the event of

completion of project being delayed beyond the SCHEDULED COMPLETION

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DATE(s) or extended date(s) extended as per provision of the CONTRACT, the PAWAN HANS may without prejudice to any other right or remedy available to the PAWAN HANS under the CONTRACT, operate the Bank Guarantee to recover the Liquidated Damages leviable as per provisions of the CONTRACT. The Bank Guarantee amount shall there upon be increased to the original amount, or the CONTRACTOR may alternatively submit a fresh Bank Guarantee for the equivalent amount of liquidated damages recovered.

13.0. GUARANTEE/ WARRANTY:

13.1 Except as otherwise provided in the invitation to the tender the

contractor shall guarantee that the HP Ink/Toner Cartridges sold/supplied to the PAWAN HANS under this contract shall be absolutely original manufactured by the OEM and of the best quality and

new in all respects and shall be strictly in accordance with the specification and particulars contained/ mentioned in the Tender enquiry. The contractor hereby guarantees that the said articles would

continue to conform to the description and quality aforesaid for a period of twelve months, from the date of supply of the said articles to the

PAWAN HANS and notwithstanding the fact that the PAWAN HANS (Inspector) may have inspected and /or approved the said articles, if during the aforesaid period of 12 months the said articles be discovered

not to conform to the description and quality aforesaid or not giving satisfactory performance or have deteriorated, the decision of the PAWAN HANS in that behalf shall be final and binding on the contractor and the

PAWAN HANS shall be entitled to call upon the contractor to replace/rectify the articles or such portion thereof as is found to be

defective by the PAWAN HANS within a reasonable period or such specified period as may be allowed by the PAWAN HANS in his discretion on an application made thereof by the contractor and in such an event,

the above mentioned warranty period shall apply to the articles rectified from the date of rectification thereof. In case of failure of the contractor

to rectify or replace the goods etc., within specified time, the PAWAN HANS shall be entitled to recover the cost with all expenses from the contractor for such defective stores.

13.2 Warranty to the effect that before going out of production/discontinuing supplies of any or all the models, the OEM/ bidder will give adequate advance notice to the PAWAN HANS so that the

later may undertake the balance of the annual requirements.

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14.0 COMPLETION, FAILURE AND TERMINATION AND LIQUIDATED DAMAGES 14.1 COMPLETION

Contract period will be valid for a period of 3 years from the date of signing of the rate contract agreement subject to satisfactory performance. Tender rates should be valid for at least three years from the date of signing of the rate contract agreement. Tender rates valid for a shorter period shall be rejected as non- responsive. No claim for compensation or loss due to fluctuations or any other reasons/ causes will be entertained

14.2 FAILURE AND TERMINATION

Time and date of delivery shall be the essence of the contract. If the CONTRACTOR fails to deliver the item or any ipart thereof within the period fixed for such delivery and completion in the schedule or any time repudiates the contract before the expiry of such period, the PAWAN HANS may, without prejudice to any other right or remedy, available to him to recover damages for breach of the contract:

(a) Recover from the Contractor, as agreed liquidated damages and not by way of penalty, as per liquidated damages Clause No. 14.3.

(b) Cancel the contract/ supply order or a portion thereof by serving prior

notice to the contractor/ supplier.

(c) It may be further noted that clause (a) above provides for recovery of liquidated damages on the supply order price/ the cost of contract for delayed supplies/ completion of job as per liquidated damages Clause No. 14.3. Liquidated damages for delay in supplies thus accrued will be recovered by the paying authorities of the PAWAN HANS specified in the Contract, from the bill for payment of the cost of the material submitted by the Contractor in accordance with the terms of contract or otherwise.

(d) There shall be no liability for the PAWAN HANS to compensate

the CONTRACTOR for loss of WORK or loss of profits or any other claim of similar nature on account of Termination

14.3 LIQUIDATED DAMAGES

The contractor shall execute the Purchase orders placed by the authorized Officer with great promptness and satisfaction of the PAWAN HANS. A penalty at the rate of one per cent (1%) of the P.Os shall be payable by the contractor for each week of delay in delivery with reference to the delivery period given, if he fails to deliver the same within the specified period mentioned in purchase order to maximum extent of 10% and penalty of 20% of P.Os shall be imposed for any

34

substandard (inferior quality)/incomplete supply along with cancellation of work order.

If the selected bidder/firm does not supply the items within the stipulated period as may be indicated by PAWAN HANS, PAWAN HANS reserves the right to arrange the supply from another firm and the bidder will have to reimburse the additional expenditure, if any, incurred by PAWAN HANS.

The PAWAN HANS may without prejudice to its right to effect recovery by any other method, deduct the amount of liquidated damages from any money belonging to the Contractor in its hands (which includes the PAWAN HANS’s right to claim such amount against Contractor’s Bank Guarantee) or which may become due to the Contractor. Any such recovery or liquidated damages shall not in any way relieve the Contractor from any of the obligations and liabilities under the Contract.

15. ARBITRATION:

Except as otherwise provided elsewhere in the contract, if any dispute, difference, question or disagreement arises between the parties hereto or their respective representatives or assignees, at any time, in connection with constitution, meaning, operation, effect, interpretation or out of the contract or breach thereof, the same shall be referred to Arbitration of a sole Arbitrator appointed by the Chairman & Managing Director (CMD) of PAWAN HANS.

It is also agreed that there will be no objection for appointment of an employee of PAWAN HANS as a sole Arbitrator who also holds shares of PAWAN HANS.

Appointment of Arbitrator shall be made within 30 days of the receipt of the arbitration notice.

If the arbitrator so appointed dies, resigns, incapacitated or withdraws for any reason from proceedings, it shall be lawful for the Chairman & Managing Director (CMD) of PAWAN HANS to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left if both parties consent for the same; otherwise, he shall proceed de novo.

It is a term of contract that the party invoking arbitration shall specify all disputes to be referred to arbitration at the time of invocation or arbitration and not thereafter.

It is also a term of the contract that neither party to the contract shall be entitled for any interest on the amount of the award.

The arbitrator shall give reasoned award and the same shall be final, conclusive and binding on both the parties.

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The venue of the arbitration shall be the place from where the purchase order/ contract has been placed/made. The fees of the arbitrator, costs and other expenses incidental to the arbitration proceedings shall be borne equally by both the parties i.e. PAWAN HANS & Contractor.

Subject to as aforesaid, the provisions of the Arbitration and Conciliation Act 1996 and any statutory modifications or re-enactment in lieu thereof shall apply to the arbitration proceedings under this clause.

15.1 Arbitration (applicable in case of supply orders/ contracts on Public

Sector Enterprises)

In the event of any dispute or difference relating to, arising from or connected with the contract, such dispute or difference shall be referred by either party to the arbitration of one of the Arbitrators in the Department of Public Enterprises, to be nominated by the Secretary to the Government of India, Incharge of Bureau of Public Enterprises. The Arbitration & Concilation Act, 1996 shall not be applicable to the Arbitration under this clause. The award of the Arbitrator shall be binding upon parties to the dispute, provided however; any party aggrieved by such award may make further reference for setting aside or revision of the award to the law Secretary, Department of Legal Affairs, Ministry of Law and Justice, Government of India. Upon such reference, the dispute shall be decided by the Law Secretary or the special Secretary/ Additional Secretary, whose decision shall bind the parties finally and conclusively. The parties in the dispute will share equally the cost of the arbitration as intimated by the arbitrator.

16. CONTINUANCE OF THE CONTRACT

Notwithstanding the fact that settlement of dispute(s) (if any) under arbitration may be pending, the parties hereto shall continue to be governed by and perform the WORK in accordance with the provisions under this CONTRACT.

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APPENDIX - 1

Performa of Bank guarantee towards Performance Bond The non-judicial stamp paper of Rs. 100/- should be in the name of issuing bank. Ref.No. Bank Guarantee No..__________ Dated _____________ To Pawan Hans Helicopters Limited Corporate office, C-14, Sector-1, Noida 201301 (Uttar Pradesh).

Dear Sir,

1. In consideration of Pawan Hans Helicopters Ltd having its registered office at Safdarjung Airport, New Delhi, India (hereinafter referred to as PAWAN HANS which expression shall unless repugnant to the context or meaning thereof include all its successors, administrators, executors and assigns), and having entered into a contract dated___________(hereinafter called the Contract which expression shall include all the amendments thereto) with M/s.____________________having its head/Registered office at_________________(hereinafter referred to as the Contractor / bidder which expression unless repugnant to the context or meaning thereof, shall include all its successors, administrators, executors and assigns) and the Contract having been unequivocally accepted by the Bidder resulting in a contract bearing No._________ dated_______value at Rs.__________ (in figures) Rs._____________(in words) for____________________(scope of work____________ and PAWAN HANS having agreed that the Bidder shall furnish to PAWAN HANS performance guarantee for the faithful performance of the entire contract to the extent of _____% of the value of the Contract Rs.________________we__________(name of the Bank)___________having its registered office at______________(hereinafter referred to as ‘the bank’ which expression shall unless repugnant to the context on meaning thereof include all it successors, administrators, executors and assigns) do hereby guarantee and undertake to pay immediately on first demand in writing in Rs.__________(Rs. in words_______________________) in aggregate at any time without any demur, reservation or recourse, context or protest and/or without any reference to the Contractor. Any such demand made by PAWAN HANS on the Bank shall be conclusive and binding notwithstanding any differences between PAWAN HANS and Contractor or any dispute pending before any Court, Tribunal Arbitrator or any other authority. We agree that Guarantee herein contained shall be irrevocable and shall continue to be enforceable till it is discharged by PAWAN HANS in writing.

2. PAWAN HANS shall have the fullest liberty, without effecting in any way the liability or the Bank under this Guarantee from time to time, to extend the time for performance of the contract by the Bidder/Contractor or vary the terms of the Contract. PAWAN HANS shall have the fullest liberty without affecting this Guarantee to postpone from time to time, the exercise of power vested in them or

37

any rights which they might have against the Bidder /Contractor and to exercise the same at any time, any manner and either to enforce or to forebear to enforce any covenants contained or implied in the contract between PAWAN HANS and the Bidder/ Contractor or any other course or remedy or security available to PAWAN HANS. The bank shall not be released of its obligation under these presents by any exercise by PAWAN HANS of its liberty with reference to matters aforesaid of any of them or by reason of any other act or forbearance or other acts of commission or omission on the part of PAWAN HANS or any other indulgence shown by PAWAN HANS or by any other matter or thing whatsoever, which under law would, but for this provision have the effect of relieving the bank. The bank undertakes that in case the period of the contract is extended beyond the initial period of_______year it shall extend the Bank Guarantee for another period for upto _____year on written instructions from PAWAN HANS. 3. The bank also agrees that PAWAN HANS at its option shall be entitled to enforce this Guarantee against the bank as a principal debtor, in the first instance, without proceeding against the Bidder /Contractor and notwithstanding any security or other guarantee that PAWAN HANS may have in relation to the Bidder /Contractor’s liability. 4. The Bank further agrees that the Guarantee herein contained shall remain in full force during the period that is taken for the performance of the contract i.e complete delivery of the material / equipment as the same is a condition of supply contract/complete delivery of services as the same is a condition of contract for services and all the dues of PAWAN HANS under or by virtue of this contract have been fully paid and its claim satisfied or discharged or till PAWAN HANS discharges this guarantee in writing. 5. We further agree that as between us and PAWAN HANS for the purpose of this guarantee any notice given to us by PAWAN HANS that the money is payable by the Bidder /Contractor and any amount claimed in such notice by PAWAN HANS shall be conclusive and binding on us notwithstanding any difference between PAWAN HANS and the Bidder /Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We further agree that this Guarantee shall not be affected or discharged by any change in our constitution and the constitution of PAWAN HANS or that of the bidder/contractor. We also undertake not to revoke this Guarantee during its currency. This guarantee shall not be determined discharged or affected by the liquidation, winding up, dissolution or insolvency of the bidder/contractor and shall remain valid binding and operative against the Bank. 6. We further agree that no change or addition to or other modification of the terms of the contract to be performed there under or of any of the contract documents which may be made between PAWAN HANS and the bidder/contractor shall in any way release us from any liability under this guarantee and we hereby notice any such change addition or modification. 7. Notwithstanding anything contained herein above, our liability under this Guarantee is limited to Rs.______(Rupees_____________in aggregate and it shall remain in full force upto and including 120 days

38

after____________________(indicate the date of expiry of bank guarantee)________unless extended further from time to time, for such period as may be instructed in writing by PAWAN HANS upto period of______months in which case it shall remain in full force upto and including 60 days after expiry of the extended period. Any claim under this Guarantee must be received by us before the expiry of 60 days after the said date/extended date/whichever later. I ano such claims have been received by us within 60 days after the said/extended date, right of PAWAN HANS under this Guarantee will cease. However, if such claim has been received by us within and upto 60 days after the said date /extended date, all the rights of PAWAN HANS shall not cease until we have satisfied that claim. 8. Notwithstanding anything contained herein:

i) Our liability under this BG shall not exceed Rs. _______ (Rupees_____)

ii) This Bank Guarantee shall be valid upto ______ iii) We are liable to pay the guaranteed amount or any part thereof under

this BG only and if you serve upon us a written claim or demand on or before____.

In witness whereof the Bank through its authorized officers has set its hand and stamp on this___________at_____________ Signature of authorized officers of the Bank Name & designation of the Officer Seal, Name & address of the Bank and Address of the Branch

INSTRUCTIONS FOR FURNISHING BANK GUARANTEE TOWARDS PERFORMANCE BOND 1. The Bank Guarantee by the Bidders will be given on non- judicial stamp paper

which should be in name of the issuing Bank. 2 The stamp paper should not be stale at the time of its execution. 3. The expiry date as mentioned in clause 5 & 6 should be arrived at by adding

35days to the date of expiry of the bid validity unless otherwise specified in the bidding documents.

4. The Bank Guarantee by Indian bidders will be given from

Nationalized/Scheduled Banks only.

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Annexure – III

BID EVALUATION CRITERIA (BEC) A. VITAL CRITERIA FOR ACCEPTANCE OF BIDS:

Bidders are required to confirm their unconditional compliance to the requirement of entire bidding documents. Bidders are advised not to take any exception/ deviations to the bid document. If exceptions/ deviations are maintained in the bid, such conditional/ non-conforming bids shall not be considered and are liable to be rejected.

B. REJECTION CRITERIA B.1 Technical Rejection Criteria

The following vital technical conditions should be strictly complied with failing which the bid will be rejected:

B.1.1 Only the bidders who quote for the complete scope of Work / supply

as indicated in the Bidding documents, addendum (if any) and any subsequent information given to the bidder shall be considered. Incomplete bids will be rejected out rightly. Evaluation will be carried out for the total scope of work covered in the bidding document. Evaluation will be carried out on the available information in the bid, and bids not fulfilling the BEC will not be considered further.

B.1.2 Experience & capability of the bidder The bidder should fulfill the following experience criteria:

8.1.1 Ink-signed original certificate of authorized dealer/distributor/channel partner for printer Toner/ Ink cartridges issued by HP in the company’s letter head covering entire period of this contract. Bids without the certificate shall be summarily rejected

8.1.2 Prior to the dead line for submission of the bids, the bidder must possess a minimum in-line experience of Three (03) years in supply of HP printer Toner/Inkjet cartridges in bulk. The bidder must furnish documentary proof of experience along with techno-commercial (Unpriced) bid.

8.1.3 Bidder must have successfully executed in last three years at least Two (02) contracts of similar nature (i.e. supply of Print Cartridges & Toners) with value of Rs. 25.00 Lacs or more in two different years from the date of submission of the bid.( Purchase order or certificate

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from client indicating contract period & contract value p.a. to be attached as a support) .

8.1.4 Must have an office in Delhi, Noida & Mumbai.

8.1.5 The bidder must furnish list of all the major contracts undertaken by him during the last 3 years along with case details in the following Performa. PAWAN HANS reserve the right of directly contacting the reference to verify the bidder’s claim. The claim shall be supported by necessary documentary evidence (copy of work orders /contracts etc.) in respect of the project executed.

Sl. No

Description of order / contract/ project & Name and address of

customer

Scope of work

Order reference

& value

Contract period

8.1.6 The firms who have been black listed by PAWAN HANS / Ministries /

departments of Government or any other PSU of India are not eligible to quote. Their bids shall not be considered for evaluation. Those bids shall be rejected out rightly.

However, it is informed that mere fulfillment of minimum eligibility criteria

does not entitle the firm to demand that their financial bid be evaluated B.2 COMMERCIAL REJECTION CRITERIA

The following commercial conditions should be strictly complied with, failing which the bid will be rejected.

B2.1 Bid should be submitted under two bid system in two separate

envelopes. The techno commercial bids shall contain all details but with the price column of the price bid format blanked out. However a mark (y) shall be provided against each item of the price bid format to indicate that there is a quote against this item in the Priced Commercial bid. The Priced bid shall contain only the prices duly filled in as per the price format.

B2.2 Price bid should contain price for all the items mentioned in the Price

Schedule. Offers not quoting for all the items will be rejected .

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B2.3 Tender rates should be valid for at least three years from the date of signing of the rate contract agreement. Tender rates valid for a shorter period shall be rejected as non- responsive. No claim for compensation or loss due to fluctuations or any other reasons/ causes will be entertained.`

B2.4 Prices should be quoted FoD (Free of delivery at PAWAN HANS) basis only.

B2.5 Offers with techno commercial bid containing prices shall be rejected outright.

B2.6 Offers of following kinds will also be rejected:

a) Offers made without Tender Fee or Bid Security along with the offer. b) Fax/ E-Mail / photo copy offers. c) Offers which do not confirm unconditional validity of bid for 90 days

from the date of opening of bid. d) Offers where prices are not firm during the entire duration of the

contract and/or with any qualifications. e) Offers which do not confirm to PAWAN HANS’s price bid format at

Appendix - 3 of Annexure - I of the Bid Document. f) Offers which do not confirm to the delivery/completion period indicated

in the bid document.

B 2.7 Financial Criteria:

Average Turnover of Bidders: Rs 1.50 Cr per annum. Note:

i) For the purpose of ascertaining parameter of Turnover of the bidder, average turnover of the bidder for the last three financial years i.e. 2008-09, 2009-10, 2010-11 to be considered. (valid and certified proof has to be attached).

ii) The bidder will provide a copy each of audited annual report of

last three financial years i.e. 2008-09, 2009-10, 2010-11 for ascertaining their turnover.

C. Duties and Taxes: The price should be inclusive of all duties, taxes, Service taxes and levies/VAT/

work contract tax etc as may be applicable. The bidders are requested to ascertain themselves the prevailing rates of applicable taxes and duties before

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the submission of price bids/revised price bids (if any) and PAWAN HANS would not undertake any responsibility in this regard.

Bidder shall bear, within the quoted rates, the Personnel , corporate & other Taxes as applicable in respect of their personnel arising out of this contract. Bidder shall also bear, within the quoted rates, the Corporate Tax, Octroi & local taxes etc as applicable.

D. Base Price Definition: Total lump sum amount including taxes and levies quoted for the entire scope

of work / items as per bidding Documents including addendum (s), if any, shall be taken as a base price for the purpose of evaluation.

E. GENERAL

I. Discount: Bidder’s are advised not to indicate any separate discount. Discount if any, should be merged with the quoted prices. Discount of any type indicated separately, will not be taken into account for evaluation purpose. However, in the event of such offer without considering discount is found to be lowest, PAWAN HANS shall avail such discount at the time of award of contract.

II. PAWAN HANS reserves the right to accept / reject any or all offer on technical

/ commercial grounds without assigning any reasons.

III. Any other point, which may arise at the time of evaluation, will be decided by PAWAN HANS for assessment of the bids.

IV. Evaluation of the bids will be carried out strictly as per the Bid Evaluation

Criteria. Bidders are advised to state compliances to these clauses explicitly, substantiated by documentary evidences as required.

V. Bidder shall not make any alterations / changes in the bid after the closing

time and date of the techno-commercial (un-priced) bid. Unsolicited correspondences from the bidder will not be considered.

VI. In no circumstances, the firm shall appoint any sub-contractor or sub-lease the contract. If it is found that the contractor has violated these conditions, the contract will be terminated forthwith without any notice and performance security / Bank Guarantee will be forfeited

VII. The Tendering firms/agencies are required to submit technical bid enclosing therewith photocopies of following documents (Documents in original should be produced for verification before signing of the agreement ), failing which their bids will be summarily/ out-rightly rejected and will not be considered any further:

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(a) Audited copy of Balance sheets and Profit & Loss A/c Statement for the three financial years; i.e. 2008-09, 2009- 10, 2010-11. (b) Copy of CST/VAT/TIN Registration Certificates; (c) Copy of PAN/GIR Card; (d) Copies of Income Tax Return filed the three financial years; i.e. 2008-09, 2009-10, 2010-11 (e) Ink-signed certificate of authorized dealer/ distributor/ channel partner for printer cartridges issued by HP in the company’s letter head covering entire period of this contract. (f) Proof of last three years’ experience in supplying HP toner/inkjet cartridges in bulk to Govt. Depts. (g) Declaration regarding blacklisting or otherwise. (Annexure I) (h) Certificate of Registration under shop & establishment Act from the concerned authority for all the locations. (i) Any other document required as a proof to fulfill eligibility criteria

VIII. The BEC overrides all other similar clauses operating anywhere in the Bid

Documents.

********** End of Tender Document **********