PRASAR BHARATI (INDIA’S PUBLIC SERVICE BROADCASTER)

OFFICE OF THE ADG(E)(SOUTH ZONE)ALL INDIA RADIO & DOORDARSHAN

SWAMY SIVANANDA SALAI, CHENNAI - 600 005No. ADG(E)(SZ)/PUR/ N IT -0 3 /A C P /2 0 1 3 -1 4 / D ate:- 0 3 -07 -2 013

SUB.: ENQUIRY FOR THE NOTICE INVITING TENDER FOR THE REPLACEMENT OF 4 x 8 0 TR CENTRAL AC PLANTS AT DDK, CHENNAI.Sir,Please find enclosed herewith the enquiry for THE REPLACEMENT OF 4 x 8 0 TR CENTRAL AC PLANTS AT DDK, CHENNAI.

Tender documents can be collected from this office from 04.07.2013 to 26.07.2013 on all working days between 11.00Hrs to 16.00Hrs, on

payment of required tender cost in the form of cash/dem and draft or the tender documents can be down- loaded from the website mentioned below. Demand Draft for R s.1120/- drawn in favour of the ADG(E) (South Zone) AIR & TV, Chennai-5, shall be enclosed in separate cover along with the tender otherwise the tender shall be rejected.h ttp : / / c e sz a ird d .o rg .in /te n d e rs .p h ph ttp : / / a llin d ia ra d io .g o v .in /In fo rm a tio n /T e n d e rsh t tp s : / / te n d e r s .g o v .in

PR E BID M EETING (MANDATORY): T his w ork involves a com bination of fab rica tion of new m ate ria ls , u s in g th e existing m ateria l a t site , F ab rica tion a n d erection etc to be done a s p er existing P lan ts a t site. H ence a Pre bid m eeting is m an d a to ry com p onen t of tender. P re Bid m e e tin g w ill b e h e ld a t DDK, CHENNAI o n 1 7 /0 7 /2 0 1 3 , 1 1 .0 0 h rs . A tte n d in g p re b id m e e tin g is m a n d a to ry . O n ly th e f irm a t te n d in g th e p re -b id m e e tin g c a n p a r t ic ip a te in th e te n d e r .

The tenders will be received at the Office of The ADG(E) (SZ), AIR & TV, Swamy Sivananda Salai, Chennai-5, up to 12.30 Hrs on 2 9 .0 7 .2 0 1 3 . The Technical bid and E.M.D. will be opened on the same day at 15.00 Hrs. The Commercial bid of technically qualified tenders will be opened at a later date that will be intimated to the qualified tenderers.

Yours faithfully,

(T.SHANMUGARAJU) DY. DIRECTOR (ENGG)(PURCHASE)

for Addl. Director General (E)(Sz)

https://tenders.gov.in

PRASAR BHARATI (INDIA’S PUBLIC SERVICE BROADCASTER)

OFFICE OF THE ADG(E)(SOUTH ZONE)ALL INDIA RADIO & DOORDARSHAN

SWAMI SIVANANDA SALAI CHENNAI 600 005

No. ADG(E)(SZ)/PUR/ N IT -0 3 /A C P /2 0 1 3 -1 4 / D ate:- 0 3 -07 -2 013

THE REPLACEMENT OF 4 x8 0 TR CENTRAL AC PLANTS AT DDK, CHENNAI.

PA RT-I G e n e ra l T e rm s a n d c o n d i t io n s P a g e 1 -3 7

PA R T-II T e c h n ic a l S p e c i f ic a t io n a n d P r ic e B id P a g e 1 -8 8

PRASAR BHARATI(INDIA’S PUBLIC SERVICE BROADCASTER)

OFFICE OF THE ADDL.DIRECTOR GENERAL (E)(SZ) ALL INDIA RADIO & DOORDARSHAN

SWAMI SIVANANDA SALAI CHENNAI 600 005

File No. ADG(E)(SZ)/PUR/ N IT -0 3 /A C P /2 0 1 3 -1 4 / D ate:- 0 3 -07-2013To:

INVITATION TO BIDOn behalf of the Prasar Bharti (B.C.I.), sealed tenders are invited by this Organisation in the prescribed Bid Forms at Appendices, 2 to 7 of “Instructions to Bidders” enclosed at Annexure-I. The details of tender are given in the schedule below:1. Tender No. : ADG(E)(SZ)/PUR/ N IT -0 3 /A C P /2 0 1 3 -1 4 /

2. D escription and quantity of stores : THE REPLACEMENT OF 4 x 8 0 TRCENTRAL AC PLANTS AT DDK, CHENNAI.

3. Delivery Period: : W ork co m p le ted w ith in 6 m o n th s4. Tender Fee: : R s .1 1 2 0 /-5. E arnest Money: : R s .6 ,0 0 ,0 0 0 /-6. Bid Validity up to: : 120 (One H undred and tw enty)

days from th e d a te o f o p en in g o f T echn ica l Bid.

6 .a Pre Bid Meeting : PR E BID M EETING (MANDATORY): Thisw ork involves a com bination of fab rica tion of new m ateria ls , u s in g th e existing m ateria l a t site , F ab rica tion a n d erection e tc to be done a s p er existing P lan ts a t site. H ence a Pre bid m eeting is m an d a to ry com p onen t of tender. P re Bid m e e tin g w ill b e h e ld a t DDK, CHENNAI on 1 7 /0 7 /2 0 1 3 , 1 1 .0 0 h rs . A tte n d in g p re b id m e e tin g is m a n d a to ry . O n ly th e f irm a t te n d in g th e p re-b id m e e tin g c a n p a r t ic ip a te in th e te n d e r .

NOTE: Tender docum ents m ay be downloaded from the following websites:h ttp : / / c e sz a ird d .o rg .in /te n d e rs .p h ph ttp : / / a llin d ia ra d io .g o v .in /In fo rm a tio n /T e n d e rsh t tp s : / / te n d e r s .g o v .in

https://tenders.gov.in

7. W arranty : Required a s per clause 8 of Annexure-II,General Term s & Conditions & as per Specs.

8.

9.

Perform ance Security Deposit(i) Am ount

(ii) Validity

Required a s per Annexure-II,(General Term s & Conditions).10% of the order value in form of Dem and Draft / B ank G uarantee /FD R60 (sixty) days beyond the date of expiry of W arranty / G uarantee

C orrespondence Address: Dy .Director (Purchase)O /o A dd l. D ire c to r G enera l (E)(SZ) All India Radio & D oordarshan Chennai-600005

10. Paying Authority A dd l. D ire c to r G enera l (E)(SZ)All India Radio & D oordarshan C hennai-600005.

11. Tender Opening Date: 29-07-201312. Term s of Delivery : Delivery a t Consignees’ place.

13. Im p o rta n t In s tru c tio n s :The tender will be governed by the “Instructions to the B idder” a s per Annexure- I; “General Term s & C onditions” placed a t Annexure-II, and “Technical Specifications” placed a t Annexure-IV.D eviations/Exceptions to the clause, if any, should be explicitly recorded seria tim as a separate Annexure (Appendix 4 of Annexure-I), in your offer, failing which, all the c lauses shall be deem ed to have been accepted by you.T e n d e re rs a re h e re by re q u e s te d to v is it th e s i te and q u o te acco rd in g ly before su b m ittin g th e te n d e r .Two Bid S ystem shall be followed for th is tender. Tenderers should take due care to subm it tenders in accordance with requirem ent in sealed covers a s specified in clause 2 of “In s tru c tio n s to B idders” (Annexure-I).Bid e v a lu a t io n criteria a t Annexure-III shall be the basis for evaluation of tenders.T he T ech n ica l & C om m ercia l Bid sh ou ld be su b m itte d in S e p a ra te S e a le d C o v e r.T h e EM D s h o u ld b e e n c lo s e d w i th t h e T e c h n ic a l B id . ( s e e a n n e x u re - ISl.No-15)

The tenderer while subm itting their bid, m u st adhere to the following instructions of C entral Vigilance Commission, otherwise their offer is likely to be ignored.1. One Agent / D ealer / Supplier shall no t rep resen t two m anufac tu rers of quote on their behalf in a particu lar tender i.e. one bidder shall quote one type of equipm ent in a particu lar tender.2.Tender docum ents subm itted by the tenderer shall be neatly tied and each page num bered and signed and stam ped by them .

NOTE: T he follow ing d o c u m e n ts m u s t be su b m itte d a long w ith th e te n d e r fa iling w hich th e offer m ay be liab le to re je c tio n and no fu r th e r c o rre sp o n d e n c e w ill be e n te r ta in e d in th is regard .

(a) O rig inal E q u ip m en t M an u fac tu re r’s A u th o risa tio n for eq u ip m e n t q uo ted .

(b) P as t P erfo rm ance a long w ith th e u se r c e r tif ic a te in re s p e c t o f tim e ly and good q u a lity su pp ly o f e q u ip m e n t / e x ec u tio n SITC / SETC .

K indly re fe r ite m No.8 u n d e r A nnexure-I.[ ...................................... ]Dy D irector(P urchase)

for Addl. D irec to r G eneral (E) (SZ)

LIST OF ANNEXURES DETAILS PAGESCheck List 5

Annexure - I Instructions to Bidders 6 - 14Appendix - 1 Bid D ocum ent Acknowledgement 15

Appendix - 2 & 2A Bid subm ission Form and Agreement 16 - 17Appendix - 3 Exception / Deviations PROFORMA 18Appendix - 4 P ast Supplies / SITC / SETC Proforma 19Appendix - 5 B idders Inform ation Proforma 20

Appendix - 6 , 6A Price Bid Proforma 21 - 22Appendix - 7 Authorization Letter for attending tender

opening.23

Annexure - II General term s & Conditions (GTC) 24-35Annexure - III Bid Evaluation Criteria 36-37

Part-II D escription of S tores / SITC / SETC & Technical specifications & Price Bid

1-88

* THIS TENDER DOCUMENT CONSISTS OF -- 126 --- PAGES.

THE REPLACEMENT OF 4 x8 0 TR CENTRAL AC PLANTS AT DDK, CHENNAI

Sl.No. Description

C om pliance / C o n firm atio n by th e T en d e re r ( P lese

Tick) V Yes / No /

Pl. In d ic a te Page No. o f th e B idder’s

D ocum ent.1 EMD:

E arnest Money am ounting to R s .6 ,0 0 ,0 0 0 /- [Rupees SIX LAKHS Only] in the form of D em and Draft / FDR/ B ank guaran tee on Nationalized B ank / Commercial B ank drawn in favour of ADG(E) (SZ), AIR & DD, Chennai-5.

2 PR E BID M EETING (MANDATORY): TheTenderers are requested to subm it the Tender along with the certificate issued by the Pre Bid Meeting officials.

3 OEM C ertifica te :W hether OEM certificate is enclosed. Please specify.

4 PAST EXPERIENCE:i. Execution of sim ilar type of Projects / W orks up to 150 % of value in p a s t two years, ou t of w hich one of them a t least for 50 % value.ii. The tenderers should enclose the u se r list clearly m entioning the nam e of the u se rs / installations.

5 AFTER SALES SERVICE:Full details of after sales service capability with the locations of service centres across the country shall be indicated.

6 WORKS CONTRACT: If Work C ontract Tax isleviable by the c o n cern ed State Governm ent on w orks contracts, the sam e shall be clearly m entioned in the Tender. The contractor should fu rn ish the Serv ice T ax N um ber with complete sta tem en t along with the quotation.

7 GUARANTEE PROFORMA:The successful bidder shall have to fu rn ish a G uarantee for Installation a s given in the tender

8 Duly signed , S tam p ed & S erially N um beredT en d er D ocum ent.

THE BIDS NOT COMPLIED WITH THE ABOVE WILL BE SUMMARILY REJECTED

ANNEXURE-IINSTRUCTIONS TO BIDDERS

(Please sign each page of these conditions and send it with your offer)1. PREPARATION OF TENDER:i) The bid shall be subm itted in the prescribed proform a as per Appendices 2 to 6. The bid docum ent duly filled in and signed should be re tu rned w hether you are quoting for any item or not. W hen item s are no t being tendered for, the corresponding space should be defaced by some su ch words as “Not quoting”.ii) In the event of the space on the bid docum ent being insufficient for the required pu rpose , additional pages m ay be added. E ach su ch additional page m u st be num bered consecutively showing the Tender N um ber and duly signed. In such cases, reference to the additional page m u st be m ade in the tender form.iii) The bid docum ent referred to above, if no t re tu rned or if re tu rned b u t no t duly filled-in, will be liable to resu lt in rejection of the tender.iv) B idders are advised in their own in terest to ensure th a t all the points brought ou t in the checklist enclosed a t Appendix 3 are complied with in their offer, failing which, the offer is liable to be rejected.v) The B ids can only be subm itted in the nam e of the bidder in whose nam e the bid docum ents were issued. The tender papers filled-in and completed in all respects shall be subm itted together with requisite inform ation and Annexures. It shall be complete and free from ambiguity, change or in terlineations.The tender subm itted by bidders and any anno tations or accom panying docum entation subm itted along with the tender, shall be in English language.B idders should indicate a t the time of quoting against th is tender their full p o s ta l/ fax / E-m ail addresses.B idders shall sign their proposal with the exact nam e of the firm to whom the contract is to be issued. The tender shall be duly signed and sealed by an executive officer of the b idder’s organisation.E ach page of the tender shall be signed by a duly au thorised officer and in the case of a Corporation the sam e shall be sealed with the Corporation seal or otherwise appropriately executed u n d er seal.B idders shall clearly indicate their legal constitu tion and the person signing the tender shall sta te h is capacity and source of h is ability to bind the bidder.The Power of Attorney or au thorisation , or any other docum ent consisting of adequate proof of the ability of the signatory to bind the bidder, shall be annexed to the tender. This organisation m ay reject outright any tender unsupported by the adequate proof of the signatory’s authority.vi) It m u st be ensured th a t each page of the tender including term s and conditions, Bid Evaluation Criteria and specification (Annexures I, II, III and IV) are signed by b idder and re tu rned to th is office along with offer.vii) The p u rch ase r may, a t h is discretion extent the deadline for the subm ission of the bids by am ending the bid docum ent , in which case all rights and obligations of the p u rch ase r and bidders previously subject to the deadline will thereafter be subject to the deadline a s extended.

2.1 The tender will be on the basis of “Two Bid S y stem ” and offers are to be subm itted in separate sealed covers.

The first inner sealed cover will contain “Technical Bid” having all details including the list of equipm ent to be supplied / SITC / SETC to be executed, b u t with price colum n blanked out. There will be no m ention of price anywhere in the “T ech n ica l Bid” and EMD will also be sen t in the above first inner cover. This cover will clearly be super- scripted with “Technical Bid” along with tender num ber and item description.

The second inner-cover will contain the price schedule duly filled-in and signed and contain all the com m ercial details of the bid and will be clearly su p erscripted with “C om m ercia l Bid” along with tender num ber. These two covers shall be p u t into an outer cover and sealed. The outer cover should duly bearthe tender num ber and date of closing / opening prom inently underlined along with the add ress of th is office.All General Term s and Conditions (GTC) a ttached with the invitation to tender are sacrosanct for considering any offer a s a complete offer. It is therefore, im portant th a t all docum ents duly completed and signed are re tu rned with your offer.2.2 The right to ignore any offer, which, fails to comply with the above instruc tions is reserved. Only one tender should be included in one cover.2.3 Your offer m u st reach th is office no t la ter th an 12:30 hr. on the notified date of closing of the tender. Offers sen t by hand delivery should be p u t in the Tender Box in th is office before 12:30 hr. on the specified date. All ou tsta tion tenders , if sen t by post, should be sen t u n d er registered cover.2 .4 Any chan ge in q u o ta tio n a fte r o p en in g o f te n d e r will n o t be considered .2.5 This organisation will no t be responsible for the loss of tender form or for the delay in postal transit.2.6 Tenderer is advised in h is own in terest to ensure th a t h is offer reaches th is office well before the closing date and time of the tender a s th e o ffers rece iv ed afte r th e c lo sing d a te and tim e o f th e te n d e r , w ill n o t be considered .2.7 TELEGRAPHIC/TELEFAX/E-MAIL offers, received directly by th is

organisation, will no t be considered.3. VAGUE AND INDEFINITE EXPRESSIONTenders qualified by vague and indefinite expressions su ch as “subject to im m ediate acceptance” or “Subject to prior sale” etc. will no t be considered.4. VALIDITY PERIOD OF OFFER4.1 The tender shall be valid for acceptance for the period as indicated in the “Invitation to Bid” (hereinafter referred to a s validity period) and shall no t be w ithdraw n on or after the opening of tenders till the expiration of the validity period or any extension thereof.The offers of those tenderers who have not kep t the validity open till the period stipu lated in the tender will be treated a s un-responsive and will be ignored w ithout m aking any reference to the tenderer.

4.2 The tenderer will undertake not to vary/m odify the tender during the validity period or any extension thereof.5. OPENING OF TENDERS5.1 The tenders will be opened a t 15 .00 h o u rs on the date of opening indicated in the “Invitation to Bid”. The tenderer or h is au tho rised representative m ay be p resen t a t the time of opening of tender on the specified da te , b u t a letter in the form annexed as Appendix-7 hereto m u st be forwarded to th is office along with tender docum ent and a copy of th is letter m u st be produced in the office by the person attending the opening of tender. U nless th is letter is p resen ted by him , he m ay not be allowed to a ttend the opening of tender.5.2 In case of unschedu led holiday on the closing / opening day of tender, the next working day will be treated a s scheduled prescribed day of closing / opening of tender, the time notified rem aining the same.6. PRICE:6.1 The price quoted m u st be ne t per u n it and a ll th e a p p l ic a b le T ax

C o m p o n e n ts , Packing , Forwarding and Delivery charges m u st be quoted separately.

6.2 The prices quoted shall rem ain fixed during the entire period of su p p ly /co n trac t and shall no t be subject to variation on any account. A bid subm itted with an adjustable price quotation is likely to be treated as non responsive and rejected.

6.3 The b id d e r/ten d ere r is advised to quote ra tes keeping in m ind th a t repeat order can also be placed upto 50% of the original quantity of any item(s) on the s am e term s and conditions as stipu lated in the original pu rchase order during the validity of the order, or w ithin six m onths of original supply order, whichever, is later. It will be obligatory on the p a rt of the supplier / contractor to execute suchrepeat order (s) also.

6 .4 S pares, A nnual M aintenance C ontract and O ptional Item s shall be quoted separately in the price bid, wherever asked for. Spares, AMC, and optional item s will no t form the p a rt of comm ercial bid and will no t count for deciding the lowest bidder.6 .5 P ay m en t o f excise d u ty and sa le s ta x / VAT (on u ltim a te p rodu cts)Paym ent of excise duty and sales tax/VAT (on ultim ate products), a s applicable on the closing date of tender will be to the supplier’s / con tracto r’s account. Any sta tu to ry variation (both p lu s and m inus) in the rate of excise d u ty /sa le s tax/VAT after closing date of tender/rev ised price bid b u t before the expiry of the con tractual delivery / completion period will be to the account of the office.The bidder(s) will indicate, in their bid, the am ount with exact rate of the Excise and Sales tax/VAT on ultim ate finished product, a s applicable a t tendering stage, separately in the bid. In case the above inform ation subsequently proves wrong, incorrect or m isleading (a) th is O rganisation will have no liability to reim burse the excess in the difference in ra tes of the item u n d er which the d u ty /ta x assessed finally (b) th is O rganisation will have the right to recover the difference in case the rate of duty / tax finally assessed is on the lower side.Any increase in excise duty, sales tax / VAT during extended period of the contract / supply order will be to supp lier’s / contractor’s account where su ch extension in delivery of the m ateria ls/com pletion of the project w as on the request of supplier / contractor. However, any decrease in excise d u ty /sa le s ta x / VAT during extended period of the contract / supply order, will be to the account of th is Organisation.

8

6.6 As the m aterial, which is to be transpo rted to the consignee, belongs to the Governm ent of India / P rasar B harati and therefore is exem pted from entry tax / octroi duty / toll tax. However, if the S tate Governm ents / S tatu tory Local Bodies are bound to levy su ch taxes, the taxes will be paid by supplier / contractor. S upp lier/C ontracto r m ay raise its claim, for reim bursem ent of su ch duties / taxes paid, with O rganisation, along with original receipt of the paym ent.6.7 In case of SITC of / SETC tenders, p ro ra ta breakup details of cost of all the identifiable store item s of supply and ITC / ETC charges shall be given along with a price bid.6.8 The taxes like excise duty, sale tax / VAT, service tax etc. a s applicable on the goods / services shall be quoted separately in the price bids.7. T rad e/V o lum e D iscoun tB idders will no t indicate separate discount. D iscount, if any, should be m erged in the ra tes against the quoted item (s).D iscount of any type indicated separately will no t be taken into account for evaluation purposes.8. E ligib ility :Bids should be from actual m anufacturers. Bid from sole selling agents / au tho rised d istribu to rs / A uthorised d ea lers/ A uthorised contractors can also be considered provided su ch bids are accom panied with necessary supporting docum ents / au thority letter from concerned actual m anufac tu rers who au thorised them to m arket their p roducts, provided further, su ch an au thority letter is valid a t the time of bidding. The supplier / contactor shall ensure th a t the required w arranty cover is provided by the original m anufac tu rer of the product. In case of SITC / SETC and specialised work, the contractor should also have sufficient experience and shall subm it the experience certificate of satisfactory completion of a tleast three sim ilar works, each of value not less th an 40% of the estim ated cost p u t to tender, or two sim ilar works, each of value not less th an 60% of the estim ated cost, or one sim ilar work of value not less th an 80% of the estim ated cost, all am ounts rounded off to the convenient full figure, in the la s t seven years ending on the last day of the m onth previous to the one in which the tenders are invited.9. P u rch ase P referen ce for P ro d u c t o f Public E n te rp rises :The O rganisation reserves the right to allow to the public enterprises, pu rchase preference facilities as adm issible u n d er the existing policy of the Governm ent of India and not to accept the lowest rate quoted by the tenderer.10. Scope o f S upply o f E q u ip m en ts / SITC / SETC:The delivery of stores / execution of SITC / SETC is required as sta ted in Invitation to Bid on term s specified in clause 2 of General Term s & Conditions a t Annexure-II. Any deviation m u st be clearly m entioned.11. S am ples11.1 Sam ples are no t required un less specifically called for.11.2 The sam ples when called for should be sen t to the pu rchasing authority along with the offer. The cost and freight of sending the sam ples shall be borne by the tenderer and there will be no obligation on the part of receiving officer for their safe custody.

Sam ples received late are liable to be ignored. If the sam ples are sen t by Railway Parcel, The Railway Receipt (RR) should be posted separately to the addressee to which the sam ples are sen t (under covering letter giving the particu la rs of tender num ber and due date) well in advance to enable the addressee to get the parcel released before the date of opening of tender. The RR should not be sen t along with the offer. Sam ples subm itted with the tenders, which have not been accepted; will, if it h a s no t been destroyed during testing, be delivered a t your cost provided the application for re tu rn is m ade to the officer to whom the sam ples are sent, within one m onth of the date fixed for the opening of tender or after modification / cancellation of dem and. This organisation will no t be liable for loss, dam age, or breakage in respect of sam ples. If no application is received w ithin the due date, sam ples will be disposed of by public auction and the sale proceeds credited to th is Organisation.12. C o n sid e ra tio n o f offer in full o r in part:

This O rganization m ay reject / accept or prefer any tender w ithout having to assign any reason whatsoever. This Organization also reserves to itself theright to accept any tender in p a rt or split the order between two or more bidders. Tenderers are a t liberty to quote separate ra tes for the whole quantity as well a s reduced quantity. Further, the undersigned reserves him self the right to increase or decrease upto 50% of the quantity of goods and services specified in the schedule of the requirem ent w ithout any change in the u n it price of the order quantities or o ther term conditions a t the time of aw ard of contract.

13. A ccep tance o f Offer by T elegram / F ax /E -m ailAcceptance by the p u rchaser will be norm ally com m unicated by Telegram /Fax/E -m ail .In case where acceptance is com m unicated by Telegram /Fax/E-m ail, the regular order will be forwarded as soon as possible b u t the in struc tions contained in the T elegram /F ax/E -m ail should be acted upon immediately. W ith the issue of T elegram /F ax/E -m ail of acceptance, the contract shall be deem ed to have concluded. C ontract shall m ean and include the invitation to tender / in struc tions to tenderers, acceptance of tender, supply of stores / SITC / SETC particu la rs and the general and special conditions specified in the acceptance of tender.14. S pecifica tions:i) Unless otherwise asked for, the offers of “M akers design or for alternative specifications, the tenderer m u st note th a t h is offer, will be rejected in case the tender stipu lations are no t complied with strictly or the goods offered do not conform to the required specifications indicated therein. The lowest tender will be determ ined from am ong those tenders, which are in full conformity with the required specifications.ii) In case the offers have been asked for “M akers design” or for alternative specifications, the tender will clearly indicate a s to how the m aterials being offered will serve th is O rganisation’s purpose and in w hat respect the offer differs from the required specifications.iii) If th is O rganisation finds th a t m aterials supplied / w orks carried out are no t of correct quality and are no t according to required specifications or otherwise not satisfactory owing to any reason of which the O rganisation will be the sole judge, The O rganisation will be entitled to cancel the contract for supply of stores / SITC / SETC and m eets it requirem ents of stores / SITC / SETC from the open m arket a t the risk and cost of the supplier / contractor, reserving always to itself the right to forfeit the security deposit placed by the supplier / contractor for fulfilment of the contract.

15. E a rn e s t M oney D eposit / P erfo rm ance S ecu rity D eposit15.1 E arnest Money Deposit :

The b idders m u st enclose with their technical bid along with EMD in the form of D em and Draft (it is the responsib ility o f the tend e re r/b id d e r to ensure the renewal o f the DD after its expiry) in favour of ADG(E)(SZ), All India Radio & D oordarshan,C hennai-600005 ./F D R / B ank guaran tee from a Commercial B ank . However exem ption will be given to firm s on production of certificate, who h a s registered with NSIC.

15.2 Tenders w ithout EMD shall be sum m arily rejected and their bid will not be opened a t the time of tender opening and shall be rejected as non responsive a t the bid opening stage and re tu rned to the bidder unopened.

15.3 The E arnest Money deposited by the tenderer shall be forfeited by th is O rganisation in the following events:(a) If tender is w ithdraw n during the validity period or any extension thereof.(b) If tender is varied or modified in a m anner no t acceptable to th is O rganisation during the validity period or any extension of the validity duly agreed by the bidder.(c) If a tenderer, whose tender h a s been accepted, fails to fu rn ish Security Deposit w ithin 2weeks from the issue of the acceptance offer of the tender, the offer is likely to be cancelled.(d) If the successful tenderer fails to be subm it the duly signed agreem ent copy w ithin 21 days from the date of issue of the order.15.4 The EMD of unsuccessfu l b idders will be re tu rned on finalization of the tender.

The EMD of successful bidder will be re tu rned on receipt of security deposit or it m ay be ad justed in the security deposit if requested by the tenderer.15.5 P erfo rm ance S ec u rity D eposit:

The contractor shall fu rn ish the security deposit w ithin 2 weeks of placem ent of order a t the rate of 10% of the to tal contract value a t the time of signing the contract. The Security deposit shall be furnished in favour of The Addl.Director General (E) (South Zone), AIR & D oordarshan, C hennai-5 in any one of the forms: Fixed Deposit Receipt from a Commercial B ank/D D Payable a t C hennai / B ank G uarantee from a Commercial B ank valid up to the end of w arranty period as per contract.16. T ran sfe r o f T en d er D ocum ents: The tender is non-transferable.17. C o rrespo ndence:i) O ur Fax / Email address is:

Fax: 044-25382583 Email : adgszpurchase@ gmail. comii) All correspondence from tenderer / contractor shall be m ade to the Purchase Authority (by name), who h a s issued th is tender.iii) All correspondence shall bear reference to Tender No. / Purchase Order.18. O rder on H igher T enderer:It should be noted th a t if an order is placed for supply of stores / SITC / SETC on a higher tenderer in preference to the lowest acceptable offer in consideration of an earlier delivery, the tenderer will be liable to pay to the Purchaser, the difference between the contract rate quoted by the lowest acceptable tenderer, in case he fails to complete the supply of stores / SITC / SETC in term s of su ch contract w ithin the specified date of delivery. This is w ithout prejudice to o ther rights u n d er term s of contract.

19. P ay m en t T erm s:(i) For S upply C o n trac ts :(a) The supplier will subm it its bill for 90% of the m aterial cost along with copy of Inspection Certificate to the consignees. On receipt of stores in good condition, consignee will complete necessary form alities a t h is end and verify the bill and subm it to the paying au thority along with m easurem ent book for m aking paym ent.(b) The bill for balance 10% of m aterial cost will be subm itted by the suppliers along with proof of the deposit of perform ance security m oney for g u a ran tee / w arranty period to the consignee. Consignee will verify the bill and subm it the sam e to the paying authority for release of paym ent.(ii) For SITC/SETC (Supply, In s ta lla tio n /E re c tio n , T es tin g & C om m issioning) C o n trac ts :(a) 80 % of the contract price for the equ ipm en ts/m ateria ls inclusive of excise duty and Sales tax shall be paid on initial inspection and delivery of equipm ents a t site in good condition. The consignee will complete necessary form alities a t h is end and verify the bill and subm it to the paying au thority along with m easurem ent book for m aking paym ent.(b) 20 % of the contract price for equipm ents and 100 % of installation charges on satisfactory completion of installation, testing, com m issioning and handing over. The consignee will complete necessary form alities a t h is end and verify the bill and subm it to the paying au thority along with m easurem ent book for m aking paym ent.20. U nso lic ited P o st T ender M odification:In case certain clarifications are sought by th is O rganisation after opening of tenders, th en the reply of the Bidder should be restricted to the clarifications sought. Any Bidder who modifies h is Bid (including a modification, which h a s the effect of altering the value of h is offer) after the closing date w ithout specific reference by th is O rganisation shall render the bid liable to be ignored and rejected w ithout notice and w ithout fu rther reference to the Bidder. C anvassing in any form by the Bidders shall also render the bid liable to be ignored and rejected w ithout notice and w ithout further reference to the Bidder.21. C la rifica tion in re sp e c t o f In co m p le te offer:This O rganisation h a s to finalize its pu rchase w ithin a limited time schedule. Therefore, it m ay not be feasible in all cases for th is O rganisation to seek clarification in respect of incom plete offers. Prospective Bidders are advised to ensure th a t their b ids are complete in all respects and conform to our term s and conditions and Bid Evaluation Criteria of the tender. Bids no t complying with th is O rganisation’s requirem ents m ay be rejected w ithout seeking any clarifications.22 .Incom e T ax /T rad e Tax / W ork C o n tra c t Tax L iability:(i) The Bidder will have to bear all Income Tax liability both corporate and personal tax. Income tax on the contract value, a s applicable, will be deducted a t source by the paying authority.(ii) Some State Governm ents levy work contract ta x /tra d e tax. These taxes are to be borne by the supplier / contractor, wherever applicable. These taxes will be deducted by the paying authority.(iii) B idder m u st give the TIN / PAN, VAT / Sale Tax, Service Tax, Registration no. in Appendix - 5, failing which the offer will no t be considered.

23. A fter S ales Serv ice and T rain ing:The tenderer m u st fu rn ish complete details of after sales service arrangem ent including tra in ing to be provided in respect of the equipm ent. After salesservice arrangem ents should include details of in frastruc tu re facilities available in the country. The tra in ing should be m ade available free of cost a t sites. Failure to give th is inform ation, will lead to au tom atic rejection of the offer, w ithout any reference to the Bidder.24. R ep la c e m e n t/R e c tif ic a tio n :In the event the stores supplied or SITC / SETC carried out against the contract are found to be defective, the supplier / contractor will have to take back the defective m ateria ls a t h is own cost and replace / rectify the defects of the Stores / SITC / SETC free of charge w ithout loss of time. The supplier / contractor will no t be entitled to dispose of the Store / E quipm ent / M aterial given for replacem ent / rectification w ithout the prior perm ission of th is O rganisation. All charges concerned with the rectification including freight charges will be borne by the supplier / contractor.25. T en d er Fee: ( If applicable)(i) Tender to be paid by Bidders is a s indicated in the Invitation to Bid.(ii) The offers will no t be considered w ithout Tender Fee.26. E v a lu a tio n / S ec u rity o f bids:

Technical / Commercial evaluation of bids shall be u nd ertaken in accordance with the prescribed procedure by a Committee of the O rganisation duly constitu ted for th is purpose. The technical evaluation would be based on:

(i) a ssessm en t of technical capability of tenderer to m anufactu re tendered item s of stores / carry ou t SITC / SETC;

(ii) capability of tenderer to effect supply of stores / carry out SITC / SETC in stipu lated time as assessed on the basis of installed capacity for m anufactu ring and turnover of tendered item s in preceding three years; and

(iii) p a s t record of timely and good quality supply of tendered item s of store / execution of SITC / SETC by tenderer in preceding three years.

27. E m p lo y m en t by firm s to o ffic ia ls o f th is O rgan isa tion :Firm s / Com panies, who have or had business relations with th is Organisation, are advised not to employ serving employees of th is O rganisation w ithout its prior perm ission or w ithin the initial two years period after the retirem ent / resignation / severance from the service w ithout specific perm ission of th is O rganisation. This O rganisation m ay decide not to deal with such firm s who fail to comply with the above advice.

28. A rb itra tio n :If any dispute, difference, question or disagreem ent shall a t any time, hereafter arise, between the parties hereto or the respective representatives or assignees in connection with or arising out of the contract or in respect of m eaning of specifications, design, drawings, estim ates, schedules, annexure, orders, in structions the construction, in terpretation of th is agreem ent, application of provisions thereof or anything hereunder contained or arising hereunder or a s to the rights, liabilities or du ties of the said parties hereunder or any m atter w hatsoever incidental to h is contract or otherwise concerning the w orks of execution or failure to execute the same, w hether during the progress or work of s tipu la ted /ex tended period or before or after the completion or abandonm ent thereof, it shall be referred to the sole arb itra tion of the person appointed by the Addl.Director(E) (SZ), All India Radio & D oordarshan, C h e n n a i . There will be no objection to any su ch appointm ent th a t the a rb itra to r so appointed is an employee of th is O rganisation or th a t he had to deal with the m atters to which contract relates and th a t in the course of h is du ties a s th is O rganisation’s employees he had expressed views of all or any of the m atters in dispute or difference. If an a rb itra to r to whom the m atter is referred dies or refuse to act or resigns for any reason from the position of arb itrator, it shall be lawful for the Addl.Director(E) (SZ), All India Radio & D oordarshan, C hennai to appoint another person to act a s a rb itra to r in the m anner aforesaid. Such person shall be entitled to proceed with the reference from the stage a t which it w as left by h is predecessor if both the parties consent to Addl.Director(E) (SZ), All India Radio & D oordarshan, Chennai to th is effect failing which the a rb itra to r will be entitled to proceed de-novo.It is a fu rther term of th is contract th a t no person other th an the person appointed by the Addl.Director(E) (SZ), All India Radio & D oordarshan, Chennai as aforesaid shall act as arb itra to r and th at, if for any reason th a t is no t possible, the m atter is no t to be referred to the arb itra tion a t all. The arbitrator(s) m ay from time to time, with the w ritten consent of all the parties to the contract enlarge the time for m aking and Publishing the award. It is a term of the contract th a t the party invoking arb itra tion shall specify the d ispu tes to be referred to arb itration u n d er the clause.It is also term of the contract th a t the contractor shall no t stop the work u n d er th is contract and work shall continue as expected to continue w hether the arb itra tion proceedings have com m enced or not.The a rb itra to r shall give reasoned award in respect or each d ispute or difference referred to him. The aw ard as aforesaid shall be final and binding on all the parties to the contract in accordance with the law.The Venue of the arb itra tion shall be a t Chennai (India).Subject to a s aforesaid, the provision of the Indian Arbitration Act, 1996 and any sta tu to ry m odifications or re enactm ents thereof and ru les m ade there u n d er and for the time being in force shall apply to the arb itra tion proceedings u n d er th is clause.

PROFORMA FOR BIDDERS TO ACKNOWLEDGE THE BID DOCUMENT

Dated:

D ear Sirs,We hereby acknowledge receipt of a complete se t of Bid D ocum ents pertain ing to P rocurem ent / SITC/SETC of _______________________________________ Against

We have noted th a t the closing date for receipt of the tender by you is the time specified in the tender docum ent and opening a t specified time and date.We guarantee th a t the contents of the above said Bid Package will be kept confidential within our com pany and text of the said package shall rem ain the property of your O rganisation and th a t the said docum ents are to be used only for the purpose intended by your Organisation.

Our address for fu rther correspondence on th is tender will be as under:

Fax No :Telephone No :E-Mail No :Personal Attention of (If required):

Yours faithfully

BID SUBMISSION FORM AND AGREEMENTTender. No ADG(E)(SZ)/PUR/ N IT -0 3 /A C P /2 0 1 3 -1 4 /T he Addl.Director(E)(SZ),All India Radio & D o ordarshan ,C hen na i - 6 0 0 0 0 5 .

D ear Sirs,1. I/W e hereby offer to supply the stores detailed in schedule hereto or

su ch portion thereof a s you specify in the Acceptance of Tender a t the price given in the said schedule and agree to hold th is offeropen till............................... I/W e shall be bound by the com m unicationsof acceptance d ispatched w ithin the prescribed time.

2. I/W e have understood the "Instructions to B idders”, specifically the in struc tions to the tenderers in the booklet DGS&D-229 and accepted the "conditions of contract" and specifically the conditions of the contracts a s contained in DGS&D-68 (R) for Supply/SITC/SETC and have thoroughly exam ined the specifications, drawings a n d /o r p a tte rn quoted in the schedule hereto and a m /a re fully aware of the n a tu re of the stores required and m y /o u r offer is to supply stores strictly in accordance with the requirem ents.

3. The following pages annexure-II-to-annexure-IV have been added to and form p a rt of th is tender.

4. Agreement a t Appendix 2A on purchase of Tender docum ents and subm ission of Tender h a s been duly signed and re tu rned herewith.Yours faithfully,

S ignature of w itnessAddress

DateSignature of w itness

Address

Date

PRASAR BHARTI (INDIA’S PUBLIC SERVICE BROADCASTER)

OFFICE OF ADDL.DIRECTOR(E) (SZ),All In d ia R adio & DOORDARSHAN

CHENNAI - 60 0 005 .APPENDIX- 2A

AGREEMENT Tender No. ADG(E)(SZ)/PUR/ N IT -0 3 /A C P /2 0 1 3 -1 4 /ToPRASAR BHARTIThe Addl.Director(E) (SZ), All India Radio & D oordarshan,C hennai - 600005.Sub:- Purchase Of Tender D ocum ents Ref:- Tender No. ADG(E)(SZ) /The Addl.Director(E)(SZ), All India Radio & D oordarshan, Sw am i S iv an an d a Salai, C hennai - 600005,acting on behalf of P rasar B harti and the Tenderer agree th a t the Tenders is an offer m ade on the condition th a t the Tender would be kep t open in its original form w ithout variation or modification for a period as the m ention in the invitation bid ,the la s t date for the receipt of tenders sta ted in the S IT C /S E T C /N IT AND THE MAKING OF THE TENDER SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of th is condition of the Tender. We fu rther agree th a t the contract consisting of the above conditions of Tender as the offer and the subm ission of Tender a s the Acceptance shall be separa te and distinct from the contract which will come into existence when tender is finally accepted by th is O rganisation. The consideration for th is separa te initial contract proceeding the m ain contract is th a t th is O rganisation is no t agreeable to sell the Tender to the Tenderer and to consider the tender to be m ade except on thecondition th a t tender shall be kep t open for ............... days after the la s t date fixedfor the receipt of tenders and the Tenderer desires to m ake tender on th is condition after entering into th is separa te initial contract w ith th is O rganisation. This O rganisation prom ised to consider the tender on th is condition and the tenderer agrees to keep the tender open for the required period. These reciprocal prom ises form the consideration for th is separate initial contract between the parties.If Tenderer fails to honour the above term s and conditions th is O rganisation shall have unqualified, absolute and unfettered right to en cash the earnest m oney subm itted on th is behalf.

Yours faithfully,

(BIDDER) (PURCHASER)on behalf of the P rasar B harti Corporation of India

(One copy of th is agreem ent duly signed m u st be retu rned along with the Technical Bid)

This organisation expects the bidders to fully accept the term s and conditions of the tender docum ent. However, should the bidder still envisage some exception/ deviations to the term s and conditions of the tender docum ents, the s am e should be indicated here and p u t in un-priced bid i.e. “Technical Bids”. The price effect for w ithdraw al of su ch exception(s) to be indicated in the price b ids only. If th is proform a is left blank, then it would be presum ed th a t bidder h a s no t taken any exception / deviations to the term s and conditions of the tender docum ents.

Clause No. of Tender docum ent

Fullcom pliance not agreed

Exception/ deviation taken by Bidder

Confirm ation if price effect for w ithdraw al of th is exception h as been specified in the Price Bid

R em arks

Signature of the Bidder /T enderer

Name

Seal of the Company

Sl.No.

Name & Address of client

Periodfrom .......To..........

D escription of stores / works in details

Total quantitysuppliedsuccessfully

R em arks

Note: C ertifica te from c lie n ts to be en c lo sed a long w ith th is proform a.

Tenderer m u st give specific answ ers against each of the following questions.

Tender No. ADG(E)(SZ)/PUR/ N IT -0 3 /A C P /20 13-14 /D ue for o p e n in g -------------------1. W hether stores offered / SITC/SETC conform to specification a t Annexure-IV,

if not, details of deviations m u st be sta ted here.2. Date by which delivery of stores / execution of work can be completed.3. B usiness nam e and constitu tion of tendering firm. Is the firm registered

under?(i) Indian com panies Act, 1913.(ii) The Indian Com panies Act, 1932/1956(iii) Any other Act, if no t who are owners?

(Please give a full nam e).

4. VAT / Sales tax Registration No.5. C entral Sales Tax Registration No.6. Service Tax Registration No.7. PAN No / TIN No.8. A nnual tu rnover for la s t 3 years.9. P resent worth of tendering firm.10. Fax No.:11. E-mail :12. Valid Electrical License num ber of

contractor, Attested copy of the License to be subm itted. (For E lec trica l W orks)

Copies of Certificates for the above should be enclosed,failing which the Tender m ay not be considered. S ignature of Tenderer

Date

PRICE BID APPENDIX-6S chedu le o f R a tes

TENDER No. ADG(E)(SZ)/PUR/ N IT -0 3 /A C P /2 0 1 3 -1 4 /Tender’s Nam e

Due Date__________________ Delivery Period:

T enderer’s Q uotation N o .----------- Validity of Q uotation----------

BILL OF MATERIAL (To be a tta c h e d w ith T ech n ica l Bid w ith o u t price).

(Bill o f material must be in the format given below for technical and commercial quotes).

Sl.No.

D escrip tion Make M odel Q u a n tity per s i te

1. As d e ta ile d in se p a ra te sh e e t - R efer P art-II Page N o.74-87.

PRICE BIDP ro ra ta B reak Up D eta ils O f T he Iden tifiab le I te m s o f S upply And ITC / ETC

co st(To Be Filled In By Tenderers)

TENDER No. ADG(E)(SZ)/PUR/ N IT -0 3 /A C P /2 0 1 3 -1 4 /T ender’s N a m e -----------Due D ate-----------------Delivery Period:------------T enderer’s Q uotation N o .______Validity of Q uotation____

SlNo.

D escription of item s/w orks Qty

Rate per u n it (both in figures and words)

Taxes if any (rate & am ount)

Total (both in figures and words)

1 2 3 4 5 6Rtefer Part-II Page N o.74-87.

G rand T o ta l in R upees

N o te1. All the quantities shown are approximate figures. Payment will be made as per actuals.2. The Tenderers are requested to quote the prices after visiting the site and assessm ent made at site.3. Please indicate prorata break up details of all identifiable items of supply of stores and ITC / ETC cost in proforma Appendix - 6A above.4. The statutory charges like Excise Duty, VAT/Sale Tax, Service Tax etc which will not be borne by the bidder must be indicated with % rates as applicable in column 5 of Appendix-6A above, failing which this Organisation will not be liable for payment of any such charges.5. State Entry Tax, Toll Tax and other taxes which are collected by statutory bodies on the way during transportation of materials shall not be included in th e price bid. These taxes, if paid, may be reimbursed as per actual on claim with original receipt of payment.Tenderer's SignatureDateSeal

PRASAR BHARATI ,The Addl.Director(E)(SZ),All India Radio & D oordarshan,C hennai - 600005.SUBJECT : Tender No. ______________________________________due on

Sir,Sri ___________________________________________________________________ h as beenauthorised to be presen t a t the time of opening of above tender due on _______________ a t C hennai-5 on m y /o u r behalf.

Yours faithfully,

S ignature of Tenderer

Copy to : Shri ____________________________________________________ forinform ation and for production before the time of opening of tenders.

23

G enera l T erm s And C o n d itio n s (GTC)

(Each page m u st be signed and re tu rned along with your offer)1. D efin itions

Unless inconsisten t w ith or otherwise indicated by the context, following term s stipu lated in th is ORDER shall have the m eaning as defined hereunder.

1.1 O rderShall m ean w ritten pu rchase order issued by th is organisation to the successful bidder including su bsequen t am endm ents to ORDER in writing thereof.

1.2 T he O rg an isa tio n /P u rc h a se rShall m ean PRASAR BHARATI (BCI), ADDL.DIRECTOR GENERAL(E) (SZ) All India Radio & DOORDARSHAN, CHENNAI -600005, acting on behalf of President of India shall include all their legal representatives, successors and assignees.

1 .3 S upp lie r / C o n tra c to rShall m ean any person or persons of firm or com pany in India whose bid h a s been accepted by th is O rganisation and the legal representation, representatives, successors and perm itted assignee of su ch person, persons, firm or company.

1.4 S ub-C on trac tShall m ean ORDER placed by the S upp lie r/C ontracto r for any portion, of the ORDER or work Sublette with necessary w ritten consent of th is O rganisation on th ird party. Such sub-letting shall no t relieve the contractor from any obligation, duty or responsibility u n d er the Contract.

1.5 S u b -C o n trac to rShall m ean any person or persons or firm or their legal representatives, successors, assignees to whom p a rt of ORDER h a s been sub-letter by the S upp lie r/C ontracto r after necessary consent of th is O rganisation.

1.6 ORDER PRICEShall m ean the sum accepted or the sum calculated in accordance with the ra tes accepted by this O rganisation and am endm ents thereof and shall include all fees, registration and other charges paid to sta tu to ry au thorities w ithout any liability on the O rganisation for any of these charges un less specially agreed to, in writing by th is O rganisation.

1.7 DELIVERY PERIODShall m ean d ispatch of the stores or receipt of the stores or

installation and com m issioning or erection and com m issioning or fabrication and erection of the stores depending on the type of contract

(Supply of S tores / SITC / SETC) by the date specified in the ORDER.

1.8 DESTINATIONShall m ean the location of the consignees for which th is ORDER h as been issued.

1.9 EQUIPMENTS/MATERIALSShall m ean and include any equipm ent, in strum en ts, sto res and goods to be supplied for u n d er the ORDER and am endm ents thereto.

1 .10 DRAWINGSShall m ean and include all Engineering sketches, general arrangem ents, layout drawing, Sectional p lans, all elevations etc., related to the ORDER together with m odification and revision thereto.

1.11 SPECIFICATIONSShall m ean and include detailed description, s ta tem en ts to technical data , perform ance characteristic and s tan d ard s (Indian as well a s as applicable and as specified in the ORDER).

1.12 INSPECTION OFFICERShall m ean any person or outside Agency nom inated by th is O rganisation to inspect equipm ent, m aterials and services, if any, in the contract stage-wise a s well a s final before d ispatch a t Suppliers W orks and on receipt a t destination a s per the term s of the ORDER.

1 .13 TESTSShall m ean su ch process or processes to be carried out by the S upp liers/C on trac to r a s prescribed in the ORDER, are

considered necessary by th is O rganisation or their representative in order to ascerta in quality, w orkm anship, perform ance and efficiency of equipm ent or p a rt thereof

1.14 APPROVALShall m ean and include the w ritten consent either m anuscrip t, typew ritten or prin ted statement u n d er or over signature or seal a s the case m ay be of th is O rganisation or the representative or docum ents or other particu lars in relation to the ORDER.

2. SCOPE OF ORDER2.1 Scope of the order shall be a s defined in the ORDER, specifications,

draw ings and annexure thereto.2.2 C om pleteness of the EQUIPMENT/SITC/SETC shall be the responsibility

of the S upp liers/C ontracto rs. Any equipm ent fittings and accessories, which m ay be specifically m entioned in the specification or drawing (s) b u t w hich are u su a l or necessary for the satisfactory functioning of the EQUIPMENTS (successful operation and functioning of the equipm ent being S upp liers/C on trac to rs responsibility shall be provided by the SUPPLIER w ithout any extra cost).

2.3 The S upp liers/C on trac to rs shall follow the best m odern practice in the m anufacture of high grade EQUIPMENT not-w ithstanding any om ission in th a t, the S upp lie r/C ontracto r shall in all respect design, engineer, m anufactu re and supply the sam e w ithin delivery period to the entire satisfaction of the O rganisation.

2 .4 WORK TO BE CARRIED OUT UNDER THE ORDERAll equipm ent to be supplied/SITC /SETC to be executed u n d er the ORDER shall conform to and comply with the provision of relevant regulations/A cts (State Govt. or C entral Govt.) a s m ay be applicable to the type of equipm ent/w ork carried out and necessary certificate shall be furnished.

3. SPECIFICATION, DRAWING, TECHNICAL MANUALS3.1 The S upp lie rs/C on trac to rs shall fu rn ish four copies and su ch additional

no. of copies as required by th is organisation of technical docum ents final drawing, preservation in struc tions, operation and m aintenance m an u als , te s t certificates, spare p a rts catalogue before d ispatch of the equipm ent a s under:(i) Inspection Officer(ii) Consignee (2 copies)(iii) P urchaser

3.2 The S u p p l i e r s /C o n tra c to rs shall be responsible for any loss to th is O rganisation consequent to the furnishing of the incorrect da ta /d raw ings.

3.3 The S upp lie rs/C on trac to rs shall provide C ross Sectional Drawing to identify the spare p a rts num bers and their location.

3 .4 Specifications, design and draw ings issued by th is O rganisation to the supp lie r/con trac to r along with tender specification and ORDER are no t to be sold or given on loan. These d o c u m e n t s c o n t i n u e to rem ain property of th is Organisation. OR THEIR ASSIGNEE AND ARE SUBJECT TO RECALL BY th is O rganisation. The S upp liers/C on trac to rs and its employees shall no t m ake use of the draw ings, specification and technical inform ation for any purpose any time and shall no t disclose the sam e to any person , firm or corporate au thorities w ithout w ritten perm ission of the O rganisation. All such details shall be kep t confidential.

3 .5 In order to facilitate quick disposal, copies of the drawing for approval shall be sen t directly and sim ultaneously to the au thorities specified in the order in addition to the se ts subm itted to authority issu ing order.

4. ACCEPTANCE OF ORDER4.1 W ithin fifteen (15) days from date of m ailing of

ORDER, SUPPLIER/CONTRACTOR shall confirm acceptance of the order in its entirety.

4.2 The ORDER is accepted unconditionally by SUPPLIER/CONTRACTOR by retu rn ing to th is Organization duly signed copy of the ORDER w ithin 15 days and duly signed agreement copy w ithin 21 days.

4.3 W hen S upp liers/C on trac to rs h a s accepted the order with all its term s and conditions, tenderer’s bid with general sales conditions and all h is previous correspondences are considered superseded and void.

4.4 Should S upp lie rs/C on trac to rs no t respect the time limit for the Confirm ation of the order or in case S upp lie rs/C on trac to rs cannot accept the ORDER, th is O rganisation reserves the right to cancel in writing w ithout prejudice to other term s, the entire ORDER or p a rt of it, w ithout notice. U nder these c ircum stances the earnest m oney given by the su pp lie r/con trac to r will be forfeited in full.

5. MODIFICATION IN ORDER5.1 All m odifications leading to changes in the order with respect to

technical and /o r commercial aspects, including term s of delivery, shall be considered valid only when accepted in writing by th is O rganisation by issuing am endm ent to the ORDER.

5.2 This O rganisation shall no t be bound by any printed conditions, provision in the SUPPLIER BID, form s of acknowledgem ent of ORDER, invoice, packing list and o ther docum ent, which pu rpo rt to im pose any condition a t variance with or supplem ent to ORDER.

6. JOINT AND SEVERAL RESPONSIBILITY6.1 Where S upp liers’/C o n trac to r’s Equipm ent or any p a rt thereof are to be

used jointly with the equipm ent supplied by ano ther m anufactu rer (the nam e of the m anufactu rer will be com m unicated separately to supplier) th is O rganisation will hold supplier and the m anufac tu rer jo intly and severally responsible for the perfect operation of the entire group or section of equipm ent a s regard the technical and m echanical characteristics stipulated in the specification. Such responsibility shall include the m echanical coupling as well as dynam ic and starting moment.

6.2 Consequently, S upp liers/C ontractors shall estab lish and m ain tain all necessary contract with the m anufac tu rer to be indicated by the organisation with a view to ensuring the exchange of all relevant da ta and information.

7. PERFORMANCE SECURITY DEPOSIT7.1 To ensure due perform ance of the contract, Perform ance Security is to be

obtained from the successful bidder aw arded the contract. The successfulbidder, 2 w e e k s from the date of the issue of the letter of inden t will be required to deposit Performance Security Deposit in the form of Fixed D eposit Receipt from a C om m ercial B an k /D e m a n d Draft / B ank G uarantee from a Commercial B ank for an am ount a s indicated in the letter of indent. The Performance Security Deposit shall be 10 % of cost of the order / contract value.

7.2 The Security m oney m ay be deposited in the form of F ix e d D e p o s i t R e c e i p t / D e m a n d D r a f t / B a n k G u a r a n t e e from a Commercial Bank.It should rem ain valid for a period of 60 days beyond the date of completion of all con tractual obligations of the supplier, including w arran ty /guaran tee obligations.

7.3 This O rganisation shall no t be liable to pay any B ank Charges, Comm issionsor in terest on the am ount of Performance security deposit.

7.4 Performance Security deposit shall be refunded to the su pp lier/con trac to r after completion of all con tractual obligations of the supplier, including w arran ty /guaran tee obligations. If the m aterials are supplied in the extended delivery period, the su pp lie r/con trac to r will extend the validity of D e m a n d D r a f t / B a n k G u a r a n t e e / FDR accordingly and the Security Deposit / Perform ance G uarantee will be released after extended validity expires.

7 .5 For release of Perform ance security deposit, su pp lier/con trac to r shall subm it a certificate from the consignee to the effect th a t the equipm ent h a s perform ed satisfactorily during the guaran tee period as stipu lated in the order and organisation h a s no t suffered any loss or inconvenience on th is account.

8. WARRANTIES AND GUARANTEES.8.1 MATERIALS AND WORKMANSHIP8.2 Unless some special w arran ty /G uaran tee clause h a s been stipulated

elsewhere in the invitation to the tender or any of its Annexure, the following w arranty shall form p a rt of the contract placed on successful tender:-

8.3. S upp lie rs/C on trac to rs shall fully w arran t th a t all the stores, Equipm ent and com ponents supplied u n d er the ORDER shall be new and of first quality according to the specifications and shall be free from defects (even concealed fault, deficiency in design, m aterials and workm anship).

8 .4 Should any defects be noticed in design, m aterial a n d /o r w orkm anship w ithin 15 m onths from the date of sh ip m en t/d isp a tch of last consignm ent or 12 m onths from the date of receip t/com m issioning of the equipm ent, or the g u a ran tee /w arran ty period as specified in specifications (Annexure IV) whichever is later, the organisation shall inform S upp lie r/C on tracto r and S upp lie r/con tracto r shall im m ediately on receipt of su ch intim ation, depute their personnel w ithin 14 days to investigate the causes of defects and arrange rectification /rep lacem ent/m odification of the defective equipm ent a t site w ithout any cost to the O rganisation w ithin a reasonable period.If the su pp lie r/con trac to r fails to take proper corrective action to rep air/rep lace the defects satisfactorily w ithin the reasonable period, th is O rganisation shall be free to take such corrective action as m ay be deem ed necessary a t contractor's risk and cost after giving notice to the Supplier/C ontractor.

8 .5 Damage to the m achinery a n d /o r equipm ent due to incom plete and erroneous in struc tions issued by S upp lier/C ontracto r will be the responsibility of the su p p lie r/con trac to r and will be treated according to the provisions of w arranty clause. Normal w ear & tear shall no t come u n d er purview of th is clause.

8.6 In case defects are of su ch na tu re th a t equipm ent shall have to be taken to su pp liers/C o n trac to r’s works for rectification etc. S upp lier/C ontractor shall take the equipm ent a t h is cost after giving necessary undertak ing or security a s m ay be required by the O rganisation. This O rganisation shall, if so required by the supp lier/con tractor, d ispatch the equipm ent by quickest mode on "Freight-to pay” basis to the su p p lie r 's /co n trac to r’s works. After repairs supp lie rs/con trac to rs shall deliver the equipm ent a t site on freight pre-paid basis. All risks in tran s it to and fro shall be borne by the supplier / contractor.

8.78.8

8.9

8.10

8.11

9.9.1

9.2

10

Equipm ent or spare p a rts thereof replaced shall have fu rther w arranty for a period of 12 m onths from the date of acceptance.The su pp lie r/con trac to r shall guaran tee th a t they will supply spare p a rts if and when required on agreed price. The agreed price should include b u t w ithout any lim itation to agreed d iscount on the published catalogue price or on agreed percentage of profit on the landed cost.The supplier will w arranty th a t before going out of production for any of spare p a rts , they will give adequate advance notice to the p u rch ase r so th a t the la tter m ay undertake to procure, if necessary , the balance of the life time requirem ents.If the repairs, replacem ent or modification referred are of su ch natu re as m ay affect the efficiency of the EQUIPMENT th is O rganisation shall have the right to give to the S upp lie r/C ontractor w ithin one m onth of such rep lacem ent / renewal notice in writing to carry ou t te s t a s m ay be required for acceptance of the equipm ent.If the su pp lie r/con trac to r fails to honour h is obligation to repair or replace defective goods w ithin a reasonable period of tim e, or if supp lier/con trac to r refuses to carry out work u n d er the guaran tee clause and implied guaran tee condition, if danger is anticipated or in case of severe urgency, the O rganisation shall be entitled to carry ou t, a t S upp lie r's /C on trac to r’s cost and risk , repair work or replacem ent deliveries or have it done by a th ird party. In case no t all goods have been delivered by S upp lier/C ontracto r, th is O rganisation is entitled to procure the rem aining goods/services a t S upp lie r's /C on trac to r’s cost and risk. This does no t relieve S upp lie r's /C on trac to r’s of any of h is guaran tee obligations. Taxes and duties of any kind whatever im posed by the au thorities of the country of the supplier or h is sub contractors un til delivery shall be borne by su p p lie r//co n trac to r.PERFORMANCE GUARANTEES upp lie r/C ontracto r shall guaran tee th a t the perform ance of the Equipm ent /M aterial supplied u n d er the order shall be strictly in conformity with specification and shall perform the duties specified und er the ORDER.The S upp lie r/C ontracto r shall guaran tee th a t the m ateria ls / equipm ent th a t shall be pu rchased from the sub-contractor(s) shall be su ch as to fulfil the requirem ents laid down vide p a ra 8.1 to 8.11 above and shall undertake to ensure fulfilment of these requirem ent.REJECTIONIf the ORGANISATION finds th a t the goods supplied are no t in accordance with the specification and other condition sta ted in the order or its sam ple (s) are received in dam aged conditions (of which m atters th is O rganisation will be the sole judge), th is O rganisation shall be entitled to reject the whole of the goods or the part, as the case m ay be and in tim ate to the S upp lie r/C ontracto r the rejection w ithout prejudice to the O rganisation other rights and rem edies to recover from the S upp lie r/C ontractor any loss which the ORGANISATION m ay be p u t to, also reserving the right to forfeit the perform ance security deposit if any m ade for the due fulfilment of the contract.

The goods shall be removed by the su pp lie r/con trac to r and if no t removed w ithin 14 days of the date of com m unication of the rejection the O rganisation will be entitled to dispose-off the sam e on account and a t the risk of the S upp lier/C ontracto r and after recovering the storage charges a t the rate of 5% of the value of goods of each m onth or part of m onth and loss and expense if any caused to the O rganisation pay balance to the S upplier/C ontractor.

11. FAILURE AND TERMINATION CLAUSETime and date of delivery shall be essence of the contract. If the C ontracto r/S upp lier fails to deliver the stores / execute SITC / SETC, or any in sta lm en t thereof w ithin the period fixed for su ch delivery in the schedule or a t any time repud ia tes the contract before the expiry of su ch periods, the p u rch ase r m ay w ithout prejudice to any other right or rem edy, available to him to recover dem urrages for breach of the contract: -

a) Recover from the S upp lier/C ontracto r a s agreed, liquidated dem urrages including Adm inistrative expenses and not by way of penalty, a sum equivalent to 0.5% per week upto m axim um limit of 10% of the contract value for su ch delay or p a rt thereof (this is an agreed, genuine pre-estim ate of dem urrages duly agreed by the parties) which the su pp lie r/con trac to r has failed to deliver thereof is accepted after expiry of the aforesaid period, provided th a t the to tal dem urrages so claimed shall no t exceed 10% of the contract price of the stores / SITC / SETC. After full period of extension, term ination of the contract will be considered by the O rganisation.

b) Purchase or au thorise the pu rchase elsewhere on the account and a t the risk of the con tracto r/supp lier, of the stores no t so delivered / SITC / SETC not carried out or o ther of a sim ilar description (where stores exactly complying with the particu lars are no t in the opinion of the purchaser, which shall be final, readily procurable) by serving prior notice to the con trac to r/sup p lie r w ithout cancelling the contract in respect of the in sta lm en t no t yet due for delivery or,

c) Cancel the contract or a portion thereof by serving prior notice to the C ontracto r/S upp lie r and if so desired pu rchase or au thorise the pu rchase of the stores not so delivered / SITC / SETC not carried out, or others of a sim ilar description (where stores not delivered / SITC / SETC not carried out, exactly complying with particu lars are not in the opinion of the purchaser, which shall be final readily procurable) a t the risk and cost of the C ontractor / Supplier. If the C ontractor / Supplier had defaulted in the perform ance of the original contract, the pu rchaser shall have the right to ignore h is tender for risk pu rchase even though the lowest, where the con tract is term inated a t the risk and cost of the firm u n d er the provisions of th is c lause,it shall be in the discretion of the p u rch ase r to exercise h is discretion to collect or not, the Security deposit from the firm on whom the contract is placed, a t the riskand expense of the defaulted firm.

(d) W here action is taken u n d er sub-clause (b) or sub-clause (c) above, the contractor shall be liable for any loss which the p u rch ase r m ay su s ta in on th a t account, provided the pu rchase or if there is an agreem ent, to purchase , such agreem ent is m ade in case of failure to deliver the S tores/Services, w ithin 6 m onths from the date of su ch failure and in case of repudiation of contract the C ontracto r/S upp lier shall no t be entitled to any gain on su ch the entire discretion of the p u rch ase r to serve a notice of su ch purchase on the C ontractor / Supplier.

(e)

(f)

12.

12.1

12.2

12.3

12.4

12.5

It m ay fu rther be noted th a t clause (a) above provides for recovery of liquidated dem urrages on the cost of contract price of delayed supplies (whole unit) a t the rate of 0.5% per week up to m axim um limit of 10% of the contract value for su ch delay or p a rt thereof. Liquidated dem urrages for delay in supplies th u s accrued will be recovered by the paying au thority on in struction a s specified in the supply order, from the bill for paym ent of the cost of m aterials / works subm itted by the supplier / contractor in accordance with term s of supply order on in struction from P urchaser regarding liquidated dem urrages am ount.N otw ithstanding anything sta ted above, equipm ent and m ateria ls will be deem ed to have been delivered / SITC / SETC will be deem ed to have been carried out only when all its com ponents, p a rts are also delivered. If certain com ponents of stores are no t delivered in time / SITC / SETC not carried out in time, the stores / SITC / SETC will be considered as delayed until su ch time all the m issing p a rts are also delivered.INSPECTING/TESTING OF MATERIALThe inspection of s to res/se rv ices/w orks will be carried out by the au thority specified in the pu rchase order. The s to res /w orks will be accepted only after the sam e h a s been found satisfactory after inspection and duly m arked and sealed by the inspection authority.The S upp lier/C ontracto r shall ensure th a t the stores/services/w orks to be supp lied /execu ted against th is order shall be individually inspected , tested and analysed in term s of the specifications a ttached to the tender and the relevant codes and practices specified therein by expression or implication. Necessary te s t reports shall be provided as required.The S upp lier/C ontracto r should m ake available to the O rganisation and any other ind ividual/agency au thorised by the O rganisation for the purpose of inspection all its records and resu lts in respect of inspection, te s t and analysis conducted by it a s p a rt of their m anufacturing and testing operation u n d er the applicable codes and practices specified by expression or im plication in the tender.Inspection te s ts and analysis shall be carried ou t/co n d u c ted a t

the Supplier’s /C o n trac to r's works by the au thorised representative of the O rganisation and the cost of to and fro air fare, accom m odation and cash allowances payable to the au thorised representative of the O rganisation shall be borne by the Organisation.The S upp lier/C ontracto r shall provide and deliver free of charge for te s ts /a n a ly s is by an independen t au thority a t any su ch place or places a s the O rganisation or its au tho rised inspector m ay reasonably require su ch raw m aterial (s) used or in tended to be used for the contracted work by the S upp lier/C ontracto r a s the O rganisation /Inspector shall consider necessary. The cost of su ch te s ts /a n a ly s is shall be borne by the Contractor.This O rganisation shall be entitled a t all tim es, w hether prior to, during or after the completion of inspection by itself a n d /o r th rough inspectors appointed by the O rganisation a t the O rganisation 's cost, to inspect, te st a n d /o r analyses a n d /o r to direct the C ontractor in all respect of any store(s) or m aterials processes used or proposed to be used in the fabrication of the p roduct of any of them .

The said inspection, te s ts and analysis a s far a s required, is to be conducted in the presence of the inspectors. The contractor shall ensure th a t the inspecting personnel referred to above are given free access to all the required places and inform ation connected with their work, besides working facilities to carry ou t their function.

12.6 Should the su pp lier/con trac to r fail to comply with any of the provisions aforesaid relating to inspection, testing an d /an a ly s is the O rganisation shall be entitled by itself a n d /o r th rough inspectors to conduct or have conducted the inspection, te s t a n d /o r analysis a t the risk and expense of the su pp lie r/con trac to r in all respects.

12.7 No rejected raw m aterials shall be used for the contracted work or re tendered for inspection a n d /o r te s t except with the prior perm ission of concerned Inspectors.

12.8 Unless otherwise specifically au thorised by the O rganisation in writing, the contractor shall no t d ispatch the stores u n d er the contract entered into, any m aterial which h a s not been properly in sp ec ted /te sted m arked and in respect of which a certificate of quality h a s no t been issued or signed by the inspectors.

12.9 In addition to the general conditions of the inspection sta ted above, the su pp lie r/con trac to r shall also satisfy all the specific conditions of inspection a s enum erated in the specification attached.

12.10 In addition to inspector(s) the O rganisation shall be entitled to nom inate, depute or designate a representative to be stationed a t the supp lier’s /co n trac to r 's factory in order to supervise a n d /o r coordinate operations related to the contract. In the event of there being more th an one factory involved in the work en trusted to the Supplier/C ontractor, the O rganisation shall be entitled to nom in ate /d ep u te or appoint su ch representative(s) a s necessary in respect of each su ch factory.

12.11 The S upp lier/C ontracto r shall a t h is cost afford and ensure proper working facilities to the said representative(s) a t the factory (i.e.) to enable him to perform h is functions, and shall fu rn ish him with all su ch inform ation, d a ta and assistance as he m ay require for the proper perform ance of h is functions.

12.12 The posting of such a representative by the O rganisation or h is actions in any m anner does no t absolve the contractor of any liability, a n d /o r responsibility u n d er th is contract. The representative 's posting shall be treated a s advisory to the O rganisation.

12.13 For false calls for the cases where m aterial is rejected on inspection the supplier will bear the actual cost of inspection incurred /su ffered by the Organisation.

12.14 Place of inspections specified in supply order will no t be changed w ithout w ritten confirm ation from Purchase Authority.

13. SUB-STANDARD MATERIAL/REPLACEMENT OF REJECTED GOODS13.1 If the O rganisation finds th a t MATERIAL supplied / SITC/SETC executed

are no t of the correct quality or no t according to specification required or otherwise no t satisfactory owing to any reason of which the O rganisation will be the sole judge, the O rganisation will be entitled to reject m aterials, cancel the contract and buy its requirem ent in the open m arket a t the risk and cost of supplier, reserving always to itself the right to forfeit the perform ance security deposit placed by the supplier for the due fulfilment of the contract.

13.2 Rejected goods should be removed and replaced w ithin 14 days of the date of com m unication of rejection.

14. SUBLETTING AND ASSIGNMENTThe S upp lie r/C on tracto r shall not, save with the previous consent in writing of the pu rchase Authority, sublet, transfer or assign the contract or any p a rt thereof or in te rest therein or benefit or advantage thereof in any m anner whatsoever, provided nevertheless th a t any su ch consent shall no t relieve the contractor from any obligation, duty or responsibility u n d er the contract.

15. BREAKAGE/SHORTAGEClaim in respect of b reakage/shortages, if any, shall be preferred on the supplier w ithin th irty days from the date of receipt of stores a t destination by the consignee which shall be rep laced /m ade good by the supplier a t h is own cost.All risk or loss or dam age to the m aterial shall be upon the S upp lie r/C on tracto r till it is delivered in accordance with the term s and conditions of the supply order.

16. DESIGNS, PATENTS AND ROYALTIESIf any m aterial used or m ethods or processes practiced or employed in the m anufactu re of item s to confirm with the requirem ent of the contract is /a re covered by a patent(s) in respect of which contractor is no t licensed, the su pp lie r/con trac to r shall before using the material, m ethod or process, as the case m ay be, obtain su ch license(s) and pay su ch royalty(ies) and license fee(s) a s m ay be necessary. The su pp lier/con trac to r shall keep the O rganisation indem nified from and against any and all claims, actions dem and and proceedings w hatsoever b rought or m ade against the organisation on the basis of any p a ten t or infringem ent thereof claimed or otherwise relating to and arising from any m ethod or process employed or m atter or th ing done to or in connection with any work executed by the supp lier/con trac to r shall a t their own risk and defend any su it for infringem ent or pa ten t or like su it b rought against the O rganisation (whether with or w ithout the contractor being a party thereto and shall pay dem urrages and costs aw arded in su ch su it and keep the O rganisation indem nified from and against all consequence thereof.

17 FORCE MAJEUREIn the event of either party being rendered unable by force m ajeure to perform any obligation required to be perform ed by them u n d er the contract, if any concluded, the relative obligation of the party affected by su ch force m ajeure lasts.

The term s "Force Majeure" as implied herein shall m ean acts of God, War, Civil riots, fire directly affecting the perform ance of the contract, floods and Acts and Regulations of respective Governm ent of the two parties, nam ely the O rganisation and the contractor. B o th upon the occurrence of su ch cause and upon its term ination, the party alleging th a t it h a s been rendered unable a s aforesaid shall w ithin seventy two hou rs of the alleged beginning and ending thereof giving full particu lars and satisfactory evidence in support of its claim. If deliveries are suspended by force m ajeure conditions lasting for more th an 2(two) m onths, the O rganisation shall have the option of cancelling th is contract in whole or p a rt a t its discretion w ithout any liability on its part.

18 LANGUAGE/TERMINOLOGYThe S upp lie r/C ontractor shall ensure theLanguage/Term inology/description of goods/Services/W orks used in the S upp ly O rder/B ill/In vo ice /any other docum ents dispatched by the S upp lie r/C ontracto r is v e rb a tim in E nglish .

19 REPEAT ORDERRepeat order can also be placed with the supplier upto 5 0 % of the qty. of th is order on the sam e term s and conditions a s stipu lated in the original supply order, during the validity of the supply order or w ithin six m onths from the date of th is supply order, whichever is later. It is a condition of th is order and it will be obligatory on the p a rt of su pp lier/con trac to r to execute su ch repea t order(s) also as the consideration for th is option in favour of the p u rch ase r forms p a rt of the m ain consideration u n d er th is order.

20 PACKING & MARKING20.1 The supplier shall consign / S h ip the stores in S ea worthy / Air

worthy / Road worthy packing confirming to the prescribed s tan d ard s in force to w ithstand air / O cean / L and journey and ensuring the safety of cargo en-route and also arrival of m aterial a t u ltim ate destination in good condition. The consignm ent shall be com prehensively insured against all risks by the S upp liers / C ontractors from S u p p lie r’s / C ontractor's w arehouse up to destination . Each packing case should have proper identification like nam e of suppliers, nam e of consignee, gross weight, TOP / do not tu rn over / handle with care.

20.2 Each package shall have a detailed packing list.21. INSURANCE

The contractor shall in sure entire equipm ent during T ransit, Storage, Installation, Testing, Commissioning u n t i l hand ing over to the consignee against losses, dam ages due to fire, earthquake, war, flood/ thefts etc. No claim will be adm issible on th is account.

22. SHORT / DAMAGED / DEFECTIVE / NON RECEIPT OF MATERIALThe Supplier / C ontractor is responsible for safe arrival of the m aterial up to destination. Should there be any shortage / breakage of m aterial found, the consignee, w ithin a period of 30 days of receipt of m aterial a t destination, will lodge claim with the S upplier / C ontractor and carriers u n d er intim ation to the Purchaser. The p u rch ase r in question will also take up the m atter with the supplier to m ake good the deficiency.

23. E x ten s io n o f D elivery PeriodIn case where only portion of the stores ordered is tendered for inspection a t the fag end of the delivery period and also in case where inspection is no t com pleted in respect of the portion of the stores tendered for inspection during the delivery period , the pu rch ase r reserves right to cancel the balance quantity no t tendered for inspection w ithin the delivery fixed in the A /T a t the risk and expenses of the contractor w ithout fu rther reference to him. If these stores for inspection during the fag end of the delivery period are no t found acceptable after carrying out the inspection the pu rch ase r is entitled to cancel the contract in respect of the sam e a t the risk and expenses of the contractor. If, however the stores tendered for inspection and found acceptable, the p u rchaser may gran t an extension of the delivery period subject to the following conditions.

(i) The p u rch ase r h a s the right to recover from the contractor underprovision of clause 11 Annexure-II of the general condition of the contract liquidated dem urrages on the stores which the contractor h a s failed to deliver w ithin the D P/ refixed delivery period.

(ii) T hat no increase in price on account of any sta tu to ry increase in or fresh im position of custom s duty, excise duty sales tax or on account of any other tax or duty leviable in respect of the stores specified in the A/T which takes place after the date of the delivery period stipu lated in the A/T shall be adm issible on su ch of the said stores a s or delivered after the date of the delivery stipu lated in A/T.

(iii) T hat notw ithstanding any stipu lation in the contract for increase in price on any other ground, no su ch increase which take place after the date of the delivery stipu lated in the A/T shall be adm issible on such of the said stores as are delivered after the expiry of the D /P stipu lated in A/T.

(iv) B ut nevertheless, the p u rch ase r shall be entitled to the benefit of any decrease in price on account of reduction in of rem ission of custom duty, excise duty, sales tax or on account of any other tax or duty or on any other grounds as stipu lated in the price variation clause which takes place after the expiry of the date of delivery stipu lated in the acceptance of tender.

(v) The contractor shall no t d ispatch the stores, till su ch time an extension in term s of p a ra (i) to (ii) above is granted by the pu rch ase r and accepted by the supplier. If the stores are dispatched by the supplier before obtaining an extension letter from the purchaser, he would be doing so a t h is risk and no claim for paym ent shall lie against the p u rchaser either in respect of the cost of the stores d ispatched or any other expenses which the supplier m ay have incurred . The p u rch ase r shall however have a right to cancel the contract in term s of clause 11 Annexure II General term s & conditions . It shall be no defence th a t the consignee h a s taken delivery of the stores d ispatched by the supplier w ithout getting an extension letter and therefore the contract h a s been kept alive.

(vi) In case where the entire quantity h a s no t been tendered for inspection w ithin the Delivery period stipulated in the A/T and the p u rch ase r agrees to g ran t e xtension in the period the sam e would be subject to the conditions (i) to (iv) a s m entioned paragraph above.

BID EVALUATION CRITERIA

1. SALIENT FEATURES1.1 Open Tender No.1.2 Two Bid System1.3 Tender Fee

1.4 Validity period of Bid

1.5 E arnest Money

1.6 Perform ance Security Deposit

1.7 Delivery Period

1.8 Closing date of tender1.9 Opening date of Technical bid1.10 Opening date of Price bid

BIDDERS CONFIRMATIONADG(E)(SZ)/PUR/ N IT-03/ A C P /2 0 1 3 -1 4 /YesAs per clause 4 of Invitation to Bid120 days from the date of opening i.e. up to and inclusive of date of opening

As per clause 5 of Invitation to BidWould be required on placem ent of Letter of inden t i.e. 10% of the ordered value and shall be valid for 60 days from the date of expiry of guaran tee / w arrantyAs specified in the “Invitation to Bid”12 .30 H rs. on 2 9 -0 7 -2 0 1 315.00 H rs. on 2 9 -0 7 -2 0 1 3Date a s m ay be separately notified later.

2. VITAL COMMERCIAL CRITERIA FOR ACCEPTANCEThe following vital comm ercial conditions should be strictly complied with failing which the bid will no t be considered.2.1 Bids should be from actua