Bid Document
Goods
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Bid Document
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Table of Contents
Section I: Instructions to Bidders............................................................................................................. 5
1.
General .................................................................................................................................................. 5
2.
3.
4.
5.
6.
7.
Introduction ......................................................................................................................................... 30
2.
Bidding Document............................................................................................................................... 30
3.
4.
5.
6.
7.
Evaluation Criteria............................................................................................................................... 33
2.
2.
3.
2.
3.
4.
Introduction ......................................................................................................................................... 58
2.
Interpretation ....................................................................................................................................... 58
3.
4.
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Goods
5.
6.
Agreement ........................................................................................................................................... 76
2.
3.
4.
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Bid Document
Goods
1.1
Scope of Bid
1.1.1
1.1.2
1.2
Source of Funds
1.2.1
1.3
Code of Integrity
1.3.1
1.3.2
1. General
In support of the Invitation to Bid indicated in the Bid Data
Sheet (BDS), the Procuring Entity , as indicated in the BDS ,
issues this Bidding Document for the supply of Goods /
equipment and Related Services incidental thereto as specified
in Section V, Schedule of Supply (SS).
Throughout this Bidding Document :
i. the term in writing means communicated in written
form through letter, fax, e-mail etc. with proof of
receipt.
ii. ii. if the context so requires, singular means
plural and vice versa; and
iii. Day means calendar day.
The expenditure on this project will be met by budgetary
resources of Procuring Entity as indicated in BDS:
Any person participating in the procurement process shall a) not offer any bribe, reward or gift or any material
benefit either directly or indirectly in exchange for an
unfair advantage in procurement process or to otherwise
influence the procurement process;
b) not misrepresent or omit that misleads or attempts to
mislead so as to obtain a financial or other benefit or
avoid an obligation;
c) not indulge in any collusion, Bid rigging or anticompetitive behaviour to impair the transparency,
fairness and progress of the procurement process;
d) not misuse any information shared between the
procuring Entity and the Bidders with an intent to gain
unfair advantage in the procurement process;
e) not indulge in any coercion including impairing or
harming or threatening to do the same, directly or
indirectly, to any party or to its property to influence the
procurement process;
f) not obstruct any investigation or audit of a procurement
process;
g) disclose conflict of interest, if any; and
h) Disclose any previous transgressions with any Entity in
India or any other country during the last three years or
any debarment by any other procuring entity.
Conflict of Interest:-A conflict of interest is considered to be a
situation in which a party has interests that could improperly
influence that partys performance of official duties or
responsibilities, contractual obligations, or compliance with
applicable laws and regulations.
i. A Bidder may be considered to be in conflict of interest
with one or more parties in this bidding process if,
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1.4
Eligible Bidders
1.4.1
Bid Document
Goods
1.4.2
1.4.3
1.4.4
1.4.5
1.4.6
1.4.7
1.4.8
1.4.9
1.5
1.5.3
Bid Document
Goods
A Bidder, and all parties constituting the Bidder, shall have the
nationality of India.
A Bidder should not have a conflict of interest in the
procurement in question as stated in the Rule 81 and this
Bidding document.
A Bidder debarred under section 46 of the Act shall not be
eligible to participate in any procurement process undertaken by
a. any Procuring Entity, if debarred by the State
Government; and
b. a Procuring Entity if debarred by such procuring Entity.
The Bidder must be manufacturer, or where permitted
distributor, authorised dealer, registered Bidder bona-fide dealer
in the Goods and if required he shall furnish necessary proof for
the same in the specified format. Where applicable, proof of
authorisation by the manufacturer or country distributor in
India, shall be enclosed.
i. No new partner/partners shall be accepted in the firm by
the Bidder in respect of the contract unless he/they
agree to abide by all its terms, conditions and deposit
with the Procuring Entity a written agreement to this
effect. The Bidders receipt for acknowledgement or
that of any partners subsequently accepted as above
shall bind all of them and will be sufficient discharge
for any of the purpose of the Contract.
ii. The status of the lead partner/ representative of the Joint
Venture, Consortium or Association as a major stake
holder shall not change without the consent of the
Procuring Entity. New major stake holder must agree to
abide by all terms and conditions of the Contract.
Bidders shall provide such evidence of their continued
eligibility satisfactory to the Procuring Entity, should the
Procuring Entity request.
In case a prequalification, empanelment or registration process
has been conducted prior to the Bidding process, this Bidding
will be open only to the pre-qualified, empanelled or registered
Bidders.
Bidder who is registered under the Sales Tax Act prevalent in
the State where his business is located shall Bid. The Sales Tax
Registration Number should be quoted and a VAT/ Sales Tax
Clearance certificate from the Commercial Taxes Officer of the
Circle concerned shall be submitted; without which the Bid is
liable to be rejected. Copy of Permanent Account Number
(PAN) issued by Income-Tax Department shall be submitted by
bidder.
All Goods and Related Services to be supplied under the
Contract shall have India as their country of origin or a country
which has not been declared ineligible by Government of India.
For purposes of this Clause, the term Goods includes
commodities, raw material, machinery, equipment, and
industrial plants; and Related Services includes services such
as
insurance,
installation,
transportation,
testing,
commissioning, training, and mandated operation and
maintenance or specified in BDS.
The term country of origin means the country where the
Goods have been mined, grown, cultivated, produced,
manufactured, or processed; or through manufacture,
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2.1
Bid Document
Goods
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2.2
Clarification of
Bidding Document
and Pre-Bid
Conference
2.2.1
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
2.3
Amendment
of 2.3.1
Bidding Document
2.3.2
Bid Document
Goods
3.1
Cost of Bidding
3.1.1
3.1.2
3.2
Language of Bid
3.2.1
3.3
Documents
Comprising the Bid
3.3.1
3.3.2
Bid Document
Goods
Bid Document
Goods
3.3.3
3.4
Bid Submission
Sheets and Price
Schedules
3.4.1
3.4.2
3.5
3.6
Alternative
Bids
Bid Prices
And Discounts
3.5.1
3.6.1
3.6.2
3.6.3
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3.6.4
3.6.5
3.6.6
3.6.7
Bid Document
Goods
3.6.8
3.6.9
3.7
Currencies of
Bid.
3.7.1
3.8
Documents
Establishing the
Eligibility of the
Bidder
3.8.1
3.9
3.9.1
Documents
Establishing the
Eligibility of the
Goods and
Related Services
3.10.1
Documents,
Tests, Samples
and Trials
Establishing
the
Conformity of the
Goods and Related
Services
to
the
Bidding Document
3.10.2
3.10
Bid Document
Goods
3.10.3
3.11
3.12
3.11.1
Documents
Establishing the
Qualifications of the
Bidder
3.12.1
Period of Validity
of Bids
3.12.2
3.13
Bid Security
3.13.1
3.13.2
3.13.3
3.13.4
3.13.5
3.13.6
Directorate of Local Bodies, Raj. Jaipur
Bid Document
Goods
3.13.7
3.13.8
3.13.9
3.13.10
3.13.11
3.13.12
3.13.13
Bid Document
Goods
3.14
Format and
Signing of Bid
4.1
Sealing and
Marking of Bids
Bid Document
Goods
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4.1.4
4.1.5
4.2
Deadline for
Submission of Bids
4.2.1
4.3
Late Bids
4.3.1
4.4
Withdrawal,
Substitution and
Modification of
Bids
4.4.1
4.4.2
4.4.3
4.5
Bid Opening
4.5.1
4.5.2
Bid Document
Goods
4.5.3
4.5.4
4.5.5
4.5.6
4.5.7
Bid Document
Goods
4.5.8
4.5.9
4.5.10
4.5.11
4.5.12
4.5.13
4.5.14
Bid Document
Goods
5.1
Confidentiality
5.2
Clarification of
Technical or
Financial Bids
5.3
Deviations,
Reservations and
Bid Document
Goods
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Nonmaterial
Nonconformities
in Technical or
Financial Bids
5.4.1
5.4.2
5.4.3
5.5
Correction of
Arithmetical
Errors in
Financial Bid
5.5.1
5.5.2
5.6
Preliminary
Examination of
Technical or
Goods
Omissions in
Technical or
Financial Bids
5.4
Bid Document
5.6.1
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Financial Bids
5.6.2
5.7
Responsiveness
of Technical or
Financial Bids
5.7.1
5.7.2
5.7.3
5.7.4
5.8
Examination of
5.8.1
Bid Document
Goods
Goods
terms and conditions specified in the GCC and the SCC have
been accepted by the Bidder without any material deviation or
reservation.
Terms and
Conditions of the
Technical or
Financial Bids
5.8.2
5.9
Evaluation of
Qualification of
Bidders in
Technical Bids
5.9.1
5.10
Price and/ or
Purchase
Preference
Evaluation of
Financial Bids
5.10.1
5.11
Bid Document
5.11.1
5.11.2
5.11.3
5.11.4
5.12
Comparison
of Bids
5.12.1
5.13
Post qualification
of the Bidder
5.13.1
5.14
Negotiations
5.14.1
5.14.2
5.14.3
5.14.4
5.14.5
5.14.6
5.14.7
5.15
Procuring
5.15.1
Bid Document
Goods
Entitys Right to
Accept Any Bid,
and to Reject
Any or All Bids
6.1
Procuring
Entitys Right to
Vary Quantities
at Time of Award
6.1.1
6.1.2
6.2
Dividing
quantities among
more than one
Bidder at the time
of award
6.2.1
6.3
Acceptance of the
successful Bid and
award of contract
6.3.1
6.3.2
6.3.3
6.3.4
6.3.5
6.3.6
6.4
Signing of
6.4.1
Bid Document
Goods
Bid, and to annul the Bidding process and reject all Bids at any
time prior to Contract award without assigning any reasons
thereof and without thereby incurring any liability to the
Bidders.
6.
Award of Contract
At the time of award of contract, the quantity of Goods, works
or services originally specified in the Bidding Documents may
be increased or decreased. It shall be without any change in the
unit prices or other terms and conditions of the Bid and the
conditions of contract.
If the Procuring Entity does not procure any subject matter of
procurement or procures less than the quantity specified in the
Bidding Document due to change in circumstances, the Bidder
shall not be entitled for any claim or compensation except
otherwise provided in the Conditions of Contract.
As a general rule all the quantities of the subject matter of
procurement shall be procured from the Bidder, whose Bid is
accepted. However, when it is considered that the quantity of
the subject matter of procurement to be procured is very large
and it may not be in the capacity of the Bidder, whose Bid is
accepted, to deliver the entire quantity or when it is considered
that the subject matter of procurement to be procured is of
critical and vital nature, in such cases, the quantity may be
divided between the Bidder, whose Bid is accepted and the
second lowest Bidder or even more Bidders in that order,
in a fair, transparent and equitable manner at the rates of the
Bidder, whose Bid is accepted. Counter offer to first lowest
Bidder (L1), in order to arrive at an acceptable price, shall
amount to negotiation. However, any counter offer thereafter to
second lowest Bidder (L2), third lowest Bidder (L3) etc., (at the
rates accepted by L1) in case of splitting of quantities shall not
be deemed to be a negotiation.
The Procuring Entity after considering the recommendations of
the Bid Evaluation Committee and the conditions of Bid, if any,
financial implications, samples, test reports, etc., shall accept or
reject the successful Bid.
Before award of the Contract, the Procuring Entity shall ensure
that the price of successful Bid is reasonable and consistent with
the required quality.
A Bid shall be treated as successful only after the competent
authority has approved the procurement in terms of that Bid.
The Procuring Entity shall award the contract to the Bidder
whose offer has been determined to be the lowest in accordance
with the evaluation criteria set out in Section III, Evaluation and
Qualification Criteria and if the Bidder has been determined to
be qualified to perform the contract satisfactorily.
Prior to the expiration of the period of validity of Bid, the
Procuring Entity shall inform the successful Bidder in writing,
by registered post or email, that its Bid has been accepted.
If the issuance of formal letter of acceptance (LOA) is likely to
take time, in the meanwhile a Letter of Intent (LOI) may be sent
to the successful Bidder. The acceptance of an offer is complete
as soon as the letter of acceptance or letter of intent is posted
and/ or sent by email (if available) to the address of the
successful Bidder given in its Bid.
In the written intimation of acceptance of its Bid sent to the
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Contract
6.4.2
6.4.3
6.5
Performance
Security
6.5.1
6.5.2
6.5.3
Bid Document
Goods
7.
7
Grievance
handling during
procurement
process
Bid Document
Goods
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Bid Document
Goods
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Bid Document
Goods
FORM No. 1
[See rule 83]
Memorandum of Appeal under the Rajasthan Transparency in Public Procurement Act, 2012
Appeal No of
Before the (First / Second Appellate Authority)
1. Particulars of appellant:
(i) Name of the appellant:
(ii) Official address, if any:
(iii) Residential address:
2. Name and address of the respondent(s):
(i)
(ii)
(iii)
3. Number and date of the order appealed against and name and designation of the officer / authority who
passed the order (enclose copy), or a statement of a decision, action or mission of the Procuring Entity in
contravention to the provisions of the Act by which the appellant is aggrieved:
4. If the Appellant proposes to be represented by a representative, the name and postal address of the
representative:
5. Number of affidavits and documents enclosed with the appeal:
6. Grounds of appeal:
Place .
Date
Appellant's Signature
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Bid Document
Goods
ITB 1.1.1
ITB 1.2.1
ITB 1.4.1
ITB 1.5.2
ITB 1.5.5
ITB 2.1.2
ITB 2.2.1
ITB 2.2.2
ITB 3.2.1
ITB 3.3.1
ITB 3.3.3
ITB 3.5.1
ITB 3.6.4
ITB 3.6.5
1.
Introduction
The number of the Invitation to Bid is: DLB_SBM_SWM_RC_Goods_02_15-16
The Procuring Entity is: Director cum Joint Secretary Local Bodies, Raj. Jaipur for
ULBs.
The expenditure on this subject matter of procurement will be met by budgetary resources
of: Viability Gap Funding (VGF) @20% /Rs 240 per capita of project cost and State
matching share @6.66% will be provided under Swachh Bharat Mission and ULBs
Owen resources and any grant (TFC/SFC) may be sanctioned by GoR and urban cess.
The Goods and Related Services to be procured are: Rate contract for Supply and
delivery of Small Commercial Vehicle (SCV) Auto hoper with tool compartment for
door to door collection of waste.
Joint Venture will / will not be allowed: JV allowed maximum two partners.
Related Services includes services such as insurance, installation, transportation, testing,
commissioning and training.
The authorisation from the Manufacturer of the Goods that the Bidder has been duly
authorised to supply the Goods indicated in its Bid is required/ not required: Required
2.
Bidding Document
The price of the Bidding Document is Rupees: Rs 5000/- (Rupees Five Thousand Only).
Bidder shall submit DD in favour of Director cum Joint Secretary Local Bodies Raj,
Jaipur.
For clarification purposes only, the Procuring Entitys address is :
Attention (Name with Designation): Sh. K.K. Sharma Chief Engineer Directorate of
Local Bodies, Raj. Jaipur
Address G-3 Rajmahal Residency Near Civil Lines Railway Crossing Jaipur City :
Jaipur Telephone No.: 0141-2222403 Fax: 0141-2222403
Email address: dlbrajasthan@gmail.com, cedlbjp@gmail.com
The Pre-Bid conference will be held. If it will be held, the time and date will be :14.09.2015
at 11.00 hrs and other details are:
Name and Designation of the Convener: Sh. K.K. Sharma Chief Engineer Directorate of
Local Bodies, Raj. Jaipur
Address G-3 Rajmahal Residency Near Civil Lines Railway Crossing Jaipur City :
Jaipur Telephone No. with STD Code: 0141-2222403 Fax: 0141-2222403
Email address: dlbrajasthan@gmail.com,cedlbjp@gmail.com
3.
Preparation of Bids
The language of the Bid is (English/ Hindi/ Both): English
The Bidder shall submit technical and financial bid online on www.eproc.rajasthan.gov.in
duly digitally signed no any physical submission except DD/BC/Bank Guarantee of tender
fee, processing fee and bid security: Bidder will submit their rates in BOQ prescribed by
procurement cell of GoR. The Bidder shall submit with its Technical Bid with required
supporting document as specified in bid document.
The Financial Bid/ Price Proposal shall contain the following:
Financial Bid/ Price Proposal Submission Sheet and the applicable Price Schedules.
Alternative Bids are Permitted/ not permitted: Not permitted
Discounts on award of combination of lots can be offered / Not offered: Not Offered
The Incoterms edition is: For Goods offered from outside India, the Bidder shall quote
prices using the Following: Not Applicable due to National Competitive Bidding,
National terms are applicable.
The terms of quoting price are : Not Applicable due to National Competitive Bidding.
The prices quoted by the Bidder shall be fixed (The Contract Price shall be fixed for rate
contract period subject to price fall clauses).
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ITB 3.68
ITB 3.7.1
ITB 3.12.1
ITB 3.13.1
ITB 3.14.1
ITB 3.14.2
ITB 4.1.1
ITB 4.2.1
ITB 4.5.1
ITB 5.10.1
ITB 6.1.1
Bid Document
Goods
Page 31 of 79
Bid Document
Goods
ITB 6.2.1
ITB 6.4.1
ITB 6.5.1
ITB 7.1.1
Agreement between successful bidder and concerned ULB shall be executed at the level of
ULB. After obtaining performance security supply order may be given by concerned ULB
as per rules.
Whether the quantity can be divided among more than one Bidders at the price of the lowest
evaluated Bid (Yes/ No): No
The period within which the contract agreement is to be executed and performance Security
is to be submitted is 15 days.
Whether Performance Security/ Performance Security Declaration shall be required (Yes/
No): Yes in prescribed format
7.
Redressal of Grievances during Procurement Process
a) The Designation and Address of First Appellate Authority, including Room
Number and Floor No., if any, is:
Director cum Joint Secretary, Local Self Government Department, GoR
Address G-3 Rajmahal Residency Near Civil Lines Railway Crossing Jaipur City :
Jaipur Telephone No. with STD Code: 0141-2222403 Fax: 0141-2222403
Email address: dlbrajasthan@gmail.com
b) The Designation and Address of Second Appellate Authority, including Room
Number and Floor No., if any, is:
Principal Secretary, Local Self Government Department, Govt. of Rajasthan
Address G-3 Rajmahal Residency Near Civil Lines Railway Crossing Jaipur City :
Jaipur Telephone No. with STD Code: 0141-2222403 Fax: 0141-2222403
Email address: dlbrajasthan@gmail.com
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Bid Document
Goods
Scope
1.1
In such case, the following provision should be used: Costs for inland
transportation, insurance, and other incidental costs for delivery of the goods
from the EXW premises, or port of entry, or border point to Project Site as
defined in Section V, Schedule of Supply, shall be quoted in the PRICE
SCHEDULE FOR RELATED SERVICES TO BE OFFERED FROM
WITHIN INDIA provided in Section IV, Bidding Forms. These costs will be
taken into account during bid evaluation. If a Bidder fails to include such costs
in its Bid, then these costs will be estimated by the Procuring Entity on the
basis of published tariffs by the rail or road transport agencies, insurance
companies, or other appropriate sources, and added to EXW or CIF or CIP
price.
1.2
Minor Omissions or Missing Items
The cost of minor omissions or missing items in the scope of supply, services, etc.
should be added to the Bid Price to allow for Bid comparison on an equal basis. The
price adjustment should be based on a reasonable estimate of the cost by Bid
evaluation committee, taking into consideration the corresponding quoted prices
from other conforming Bids. The price adjustment should be based on the fair price
of the omitted item. The most frequently used method is to use the price equal to
the highest price quoted for the same item by the other Bidders.
Pursuant to Sub-Clause 5.4.3 of the Instructions to Bidders, the cost of all
quantifiable nonmaterial nonconformities or omissions from the contractual
and commercial conditions shall be evaluated. The Procuring Entity will make
its own assessment of the cost of any nonmaterial nonconformities and
omissions for the purpose of ensuring fair comparison of Bids.
Multiple Contracts
If Goods and Related Services are grouped in multiple lots, the following provision
2.1
must be used: deleted
Technical Criteria
These criteria should specify the minimum technical level that the Goods and
3.1
Related Services shall have in order to comply with the Section V, Schedule of
Supply. Whenever possible, these criteria should be evaluated on a passfail
system, with a minimum acceptable level for each criteria enumerated.
However, a minor deficiency in technical compliance may not be cause for rejection
of the Bid. An example of such non-substantive deficiency is the case of an
auxiliary motor of which the power rating falls short of that specified, or a proposal
to supply cross-ply tires for a vehicle instead of radial- ply as specified. The cost of
making good any deficiency should likewise be added to the Bid Price concerned.
The most frequently used methods assign to the non-conforming items or
components, prices based on similar methods described above under Scope, with
the price of the non-conforming items or components deducted.
The cost of all quantifiable deviations or deficiencies from the technical
Page 33 of 79
Bid Document
Goods
4.2
4.3
4.4
4.5
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Bid Document
Goods
following:
Performance of the supplied goods shall be up to the prescribed level as
recommended by the manufacturer and as per the latest emission norms and
all provisions of the Motor Vehicle Act as amended time to time and
guideline/rules/circular of GoI/GoR.
Price and / or Purchase Preference
Price being equal, preference in procurement of goods will be given in the
5.1
following order:Firstly- to articles which are produced in India in the form of raw materials or are
manufactured in India from raw-materials produced in India, provided that the
quality is sufficiently good for the purpose.
Secondly- to articles wholly or partially manufactured in India from imported
materials, provided that the quality is sufficiently good for the purpose.
Thirdly- to articles of foreign manufacture held in stock in India, provided that they
are of suitable type and requisite quality.
Fourthly- to articles manufactured abroad which need to be specially imported
(preference to be given to offers received for supply through India based
establishments).
In comparing the rates quoted by firms from outside Rajasthan and those in
5.2
Rajasthan but not entitled to Price Preference under ITB Clause 5.10, the element of
Rajasthan VAT shall be excluded whereas that of Central Sales Tax shall be
included for comparison of rates.
While comparing the rates in respect of firms within Rajasthan the element of
5.3
Rajasthan Sales Tax / VAT shall be included.
Price and/ or Purchase Preference shall be given in evaluation of Bids and award of
5.4
Contract in following manner:A procuring entity shall provide price preference or purchase preference in
procurement, to the category of bidders as notified by the State Government,
from time to time.
Comparison of rates of firms outside and those in Rajasthan.- While tabulating the
bids of those firms which are not entitled to price preference, the element of
Rajasthan Value Added Tax shall be excluded from the rates quoted by the firms of
Rajasthan and the element of Central Sales Tax shall be included in the rates of
firms from outside Rajasthan for evaluation purpose.
Page 35 of 79
Bid Document
Goods
2. Qualification Criteria
For the procurement of ordinary, readily available, off-the-shelf items, a thorough checking of the
qualification of the bidders may not be necessary, apart from ensuring that the technical specifications are
met, and that the goods, equipment or machinery has been sufficiently tested in practical terms. If there is a
need to ensure that the lowest-evaluated Bidder has the necessary qualifications to successfully fulfill its
obligations under the contract, the Procuring Entity may specify appropriate qualification criteria in this
section. Depending on the nature of the procurement, taking money and time at risk into account, Bidders
qualifications regarding critical aspects of their financial, technical, production, procurement, shipping,
installation and other capabilities necessary to perform the contract may need to be examined. It will be
necessary to seek only information essential to determine the Bidders capabilities to execute the contract
satisfactorily. All these criteria shall be evaluated on a pass/ fail basis only. Minimum acceptable levels with
regard to Bidders experience in supplying goods and related services with comparable technical parameters,
its manufacturing and installation capacity, its financial capability and other factors must be defined. The
following criteria may be used individually or in combination to establish one or several critical
qualifications of the Bidder:
1. Average Annual Turnover
Average annual turnover, defined as the total payments received by the Bidder for contracts completed or
under execution over the last 3 financial years (year 2014-15, 2013-14, and 2012-13) half of the estimated
cost. Average annual Turnover should be signed by CA.
2. Financial Position
Soundness of the Bidders financial position showing long-term profitability demonstrated through audited
annual financial statements (balance sheet, income statement) for the last three years. Net-worth should be
positive.
3. Cash flow Capacity
Availability of or access to liquid assets, lines of credit, and other finances sufficient to meet any possible
cash flow requirement which may arise during the execution of the contract. This should in appropriate cases
also take into account the Bidders commitments for other contracts. Working capital shall be 25% of
estimated cost (current assets current liability+ revolving line of credit)
4. Contractual Experience
The bidder should be the manufacturer of the equipment/vehicle/machinery proposed to be supplied or
should be the authorized dealer/distributor of the manufacturer. The bidder should be registered in business
at least the last 3 years.
5. Technical Experience
The bidder should have satisfactory supplied and delivered the total quantity 76 nos of similar type
equipment/vehicle/machinery in the last five years. Experience of current year shall also be counted up to
the last day of month previous to the one in which tender invited.
6. Production Capacity
Minimum supply and/or production capacity required to assure that the Bidder is capable of supplying the
type, size, and quantity of the Goods required. The bidder shall furnish at least two certificate of
satisfactory performance of equipment/vehicle/machinery supplied in the preceding five years (Attested
copies of purchase orders and performance certificates shall be submitted by bidder along with technical
proposal)
7. Repair &maintenance Capacity
The bidder should have spare parts and workshop facility since last one year in Rajasthan. Service network is
required for better performance of the equipment.
Page 36 of 79
Bid Document
Goods
8. Litigation History
The Procuring Entity shall consider the litigation record of Bidders to verify their qualifications. Bidders
shall submit documentary evidence of all claims, arbitrations, or other litigation, pending or already resolved,
with a possible impact all pending claims, arbitration, or other litigation shall represent in total not more than
50% [percent] of the Bidders net worth. The Procuring Entity if required will make enquiries with the past
Employers of the Bidders to confirm the correctness of the information provided in their Bid.
9. Tax Clearance Certificates
VAT/ Sales Tax and other taxes clearance certificates or declaration shall be submitted by the Bidder.
10. Declaration Regarding Qualifications under Section 7 of the Act
A declaration regarding qualifications of the Bidder as required under Section 7 of the Act shall be given in
specified format given in Section IV, Bidding Forms.
Note:
i.
For experience claim bidder should provide copy of work order and its completion/performance
certificate wherever goods supplied and delivered of GoI/GoR/Autonomous Bodies of
GoI/GoR/ULB/Government undertaking/Public Sector Undertaking/Government Enterprises.
ii.
In case of substantially completion, Supplier has completed supply and delivery of goods
(equipment/vehicle/machinery) at least the quantity required for qualification, out of large size
contract shall be taken as technical experience.
iii.
Any declaration shall be given on appropriate value of non- judicial stamp paper by the bidder as
per the requirement of bid document
iv.
Bidder has the necessary qualifications to successfully fulfill its obligations under the contract
and for their qualification criteria only relevant papers regarding technical experience should be
submitted with their technical bid. Verification of documents shall be carried out by the issuing
Authority if required.
Page 37 of 79
Bid Document
Goods
Date: _______________________
NIB No.:_______________________
Alternative No., if permitted:__________________
To:_________________________
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Document, including Addenda No.:
We offer to supply in conformity with the Bidding Document and in accordance with the
delivery schedule specified in Section V, Schedule of Supply, the following Goods and Related
Services:
(b) Our Bid shall be valid for a period of________________ days from the date fixed for the bid
submission deadline in accordance with the Bidding Document, and it shall remain binding
upon us and may be accepted at any time before the expiration of that period;
(c) If our Bid is accepted, we commit to obtain a Performance Security in the amount
of__________ percent of the Contract Price or Performance Security Declaration for the due
performance of the Contract;
(d) Our firm, including any subcontractors or suppliers for any part of the Contract, have
nationalities from the eligible countries;
(e) We are not participating, as Bidders, in more than one Bid in this bidding process, other than
alternative offers, if permitted, in the Bidding Document;
(f) Our firm, its affiliates or subsidiaries, including any subcontractors or suppliers has not been
debarred by the State Government or the Procuring Entity;
(g) We understand that this Bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal Contract is
prepared and executed;
(h) We understand that you are not bound to accept the lowest evaluated bid or any other bid that
you may receive;
(i) We agree to permit the Procuring Entity or its representative to inspect our accounts and records
and other documents relating to the bid submission and to have them audited by auditors
appointed by the Procuring Entity;
(j) We declare that we have complied with and shall continue to comply with the provisions of the
Code of Integrity for Bidders as specified in the Rajasthan Transparency in Public Procurement
Act, 2012, the Rajasthan Transparency in Public Procurement Rules, 2013 and this Bidding
Document in this procurement process and in execution of the Contract;
(k) Other comments, if any:
Name/ address:_____________________
In the capacity of___________________
Signed___________________________
Duly authorised to sign the Bid for and on behalf of___________________
Date_______________________________________________________
Tel: _________________________
Fax: _____________________________
e-mail:___________________________
Page 38 of 79
Bid Document
Goods
2.
Financial/ Price Bid Submission Sheet
(Should be submitted with financial bid in PDF format)
Date:______________________
NIB No.:______________________
Alternative No., if permitted:__________________________
To______________________________________
_________________________________________
(c)
(d)
(e)
(f)
(g)
(h)
(i)
We have examined and have no reservations to the Bidding Document, including Addenda
No.:
We offer to supply in conformity with the Bidding Document and in accordance with the
delivery schedule specified in Section V, Schedule of Supply, the following Goods and
Related Services:
-------------------------------------------------------------------------------------------------------The total Price for our Bid, excluding any discounts offered, if permitted, in item (d) below
is: As per the BoQ format
The discounts offered, if permitted and the methodology for their application are: Not
permitted
The following commissions, gratuities, or fees have been paid or are to be paid with expect
to the Bidding process or execution of the Contract:
Name of Recipient:_____________________________
Address:_________________________
Reason:___________________________
Amount:____________________________
(If none has been paid or is to be paid, indicate none.)
We understand that this Bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal Contract
is prepared and executed.
We understand that you are not bound to accept the lowest evaluated bid or any other bid
that you may receive.
We agree to permit the Procuring Entity or its representative to inspect our accounts and
records and other documents relating to the bid submission and to have them audited by
auditors appointed by the Procuring Entity.
Other comments, if any: Bid invited for rate contract for ULB for implementation of MSW
rules under Swachh Bharat Mission.
Name/ address:_________________________
In the capacity of__________________________
Signed___________________________________
Duly authorised to sign the Bid for and on behalf of______________________
Date_____________________________________
Tel:_____________________________________
Fax:____________________________________
e-mail______________________________________
Page 39 of 79
Bid Document
Goods
3.
Price Schedule for Goods to Be Offered from within India
Price shall be quoted by bidder in prescribed price bid format (BoQ) in excel sheet online as financial
bid duly digital signed by the bidder
Bidd
er
Nam
e:
PRICE SCHEDULE
(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevent columns,
else the bidder is liable to be rejected for this tender. Bidders are allowed to enter the Bidder Name and Values only )
NUM
BER
#
Sl.
No.
TEXT #
NUMBE
R#
TEXT #
NUMBER #
NUMB
ER
NUMB
ER
NUMBER
NUMBER #
NUMBER #
TEXT
#
Item Description
Quantit
y
Units
BASIC
RATE In
Figures To
be entered
by the
Bidder
Rs.
P
Excis
e
Duty/
Centr
al VAT
Raj
VAT
Any Other
Taxes if
Applicabl
e
TOTAL
AMOUNT
Without
Taxes
TOTAL
AMOUNT
With Taxes
TOT
AL
AMO
UNT
In
Word
s
10
11
1.01
1.0000
Nos
0.0000
0.0000
1.02
BS-IV medel
1.0000
Nos
0.0000
0.0000
Page 40 of 79
INR
Zero
Only
INR
Zero
Only
Bid Document
Goods
4. Bid Security
(To be issued by a Scheduled Bank in India or other Issuer acceptable to the Procuring Entity)
Form of Bid Security
[insert Banks Name, and Address of Issuing Branch or Office]
Beneficiary: [insert Name and Address of Procuring Entity]
Date: [insert date]
BID GUARANTEE No.: [insert number]
We have been informed that [insert name of the Bidder] (hereinafter called "the Bidder") has submitted to
you its bid dated [insert date] (hereinafter called "the Bid") for the execution of [insert name of contract]
under Notice Inviting Bids No. [insert NIB number] (the NIB).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid guarantee.
At the request of the Bidder, we [insert name of Bank] hereby irrevocably undertake to pay you any sum or
sums not exceeding in total an amount of [insert amount in figures][insert amount in words] upon receipt
by us of your first demand in writing accompanied by a written statement stating that the Bidder is in breach
of its obligation(s) under the bid conditions, because the Bidder:
(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Form of Bid; or
(b) having been notified of the acceptance of its Bid by the Procuring Entity during the period of bid
validity,
i. fails or refuses to execute the Contract Form,
ii. fails or refuses to furnish the performance security, in accordance with the Instructions to
Bidders (hereinafter the ITB),
(c) has not accepted the correction of errors in accordance with the ITB, or
(d) has breached a provision of the Code of Integrity specified in ITB; This guarantee will expire: (a) if
the Bidder is the successful Bidder, upon our receipt of copies of the contract signed by the
Bidder and the performance security issued to you upon the instruction of the Bidder; and (b) if
the Bidder is not the successful Bidder, upon the earlier of (i) our receipt of a copy your
notification to the Bidder of the name of the successful Bidder; or (ii) thirty days after the
expiration of the Bidders bid.
Consequently, any demand for payment under this guarantee must be received by us at the office on or
before that date.
Name__________________________
In the capacity of____________________________
Signed_________________________________
Duly authorized to sign the Bid Security for and on behalf of_____________________________
Date________________________________________
Banks Seal________________________________________
Page 41 of 79
Bid Document
Goods
Page 42 of 79
Bid Document
Goods
6. Bidders Qualification
To establish its qualifications to perform the contract in accordance with Section 3 (Evaluation and
Qualification Criteria) the Bidder shall provide the information requested in the corresponding
Information Sheets included in bidding forms (formats)
Page 43 of 79
Bid Document
Goods
7. Manufacturers Authorisation
Manufacturers Authorisation
Date:___________________________
NIB No.:___________________________
Alternative No., if applicable:_______________________
To:__________________________
WHEREAS
We, who are official manufacturers of___________________________ having factories
at__________________________________ do hereby authorize________________________________ to
submit a Bid in relation to the Invitation for Bids indicated above, the purpose of which is to provide the
following Goods, manufactured by us___________________ and to subsequently negotiate and sign the
Contract.
We hereby extend our full guarantee and warranty in accordance with Clause 4.6 of the General Conditions
of Contract, with respect to the Goods offered by the above firm in reply to this Invitation for
Bids._________________________
Name____________________________
In the capacity of:______________________
Signed________________________
Duly authorised to sign the Authorisation for and on behalf of________________________
Tel: _______________
Fax: ____________________
e-mail_____________________
Date_____________________________
Page 44 of 79
Bid Document
Goods
In case of single entity, articles of incorporation or constitution of the legal entity named above, in
accordance with ITB.
2.
3.
4. In case of a government-owned entity, any additional documents not covered under 1 above required to
comply with ITB.
Page 45 of 79
Bid Document
Goods
9. JV Information Sheet
JV
Partners
or
Subcontractors legal name
JV
Partners
or
Subcontractors country of
constitution
JV
Partners
Subcontractors year
constitution
or
of
JV
Partners
or
Subcontractors
legal
address in country of
constitution
JV
Partners
or
Subcontractors authorized
representative information
(name, address, telephone
numbers, fax numbers, email address)
Attached are copies of the following original documents.
1. Articles of incorporation or constitution of the legal entity named above, in accordance with
ITB
2. Authorization to represent the firm named above, in accordance with ITB.
3. In the case of government-owned entity, documents establishing legal and financial
autonomy and compliance with commercial law, in accordance with ITB.
Page 46 of 79
Bid Document
Goods
Year
Matter in Dispute
Value of
Pending
Claim in
Rs. Lacs
Page 47 of 79
Bid Document
Goods
Total Assets
2.
Current Assets
3.
Total Liabilities
4.
Current
Liabilities*
5.
Profits Before
Taxes
6.
Profits After
Taxes
7.
Net Worth
[= 1 3]
8. Dedicated Revolving
Line of Credit (as per
format)
9.Available Working
Capital
[= 2 - 4] + [8]
10. Return on Equity
[= 5 / 7 of prior year]
2013-14
2012-13
Attached are copies of the audited balance sheets, including all related notes, and income
statements for the last three years, as indicated above, complying with the following conditions:
All such documents reflect the financial situation of the Bidder or partner to a JV, and not
sister or parent companies.
Historic financial statements must be audited by a certified accountant.
Historic financial statements must be complete, including all notes to the financial statements.
Historic financial statements must correspond to accounting periods already completed and
audited (no statements for partial periods shall be requested or accepted).
As per International Accounting, Current Liabilities shall include loan and other repayments
due within one year.
If the bidder feels that its financial capacity may be insufficient it may include with the bid a
letter from a reputed bank, addressed to the Director cum Joint Secretary, Local Self
Government Jaipur , which describes the revolving line of credit that the bidders is eligible for
with the bank. A sample Letter of Assured Line of Credit that is to be issued by the bank and
acceptable to Employer.
Applicant
Auditor
Page 48 of 79
Bid Document
Goods
Amount
Currency
Exchange
Rate
In Rs. Lacs
2014-15
2013-14
2012-13
Average Annual Turnover
Applicant
Rs in lacs
Auditor
Page 49 of 79
Bid Document
Goods
Source of financing
Page 50 of 79
Bid Document
Goods
The Bidder hereby certifies that the above mentioned deviations are the only deviations proposed to the
various Sections of Volume 1, General Requirements, and that he agrees with all conditions.
Page 51 of 79
Bid Document
Goods
4.
5.
6.
7.
I/we possess the necessary professional, technical, financial and managerial resources and
competence required by the Bidding Document issued by the Procuring Entity;
I/we have fulfilled my/our obligation to pay such of the taxes payable to the Union and the State
Government or any local authority as specified in the Bidding Document;
I/we are not insolvent, in receivership, bankrupt or being wound up, not have my/our affairs
administered by a court or a judicial officer, not have my/our business activities suspended and not
the subject of legal proceedings for any of the foregoing reasons;
I/we do not have, and our directors and officers not have, been convicted of any criminal offence
related to my/our professional conduct or the making of false statements or misrepresentations as to
my/our qualifications to enter into a procurement contract within a period of three years preceding
the commencement of this procurement process, or not have been otherwise disqualified pursuant to
debarment proceedings;
I/we do not have a conflict of interest as specified in the Act, Rules and the Bidding Document,
which materially affects fair competition;
I/We a legally constituted firm/body and represented by declare that I am/ we are Manufacturers/
Whole Sellers/ Sole distributor/ Authorised dealer/ bonafide dealers in the Goods and Related
Services for which I/We have Bid.
If this declaration is found to be incorrect then without prejudice to any other action that may be
taken, my/our Bid Security may be forfeited in full and the Bid if any to the extent accepted may be
cancelled.
Page 52 of 79
Bid Document
Goods
Page 53 of 79
Bid Document
Goods
Page 54 of 79
Bid Document
Goods
3. Technical Specifications
A.
i.
ii.
iii.
iv.
v.
Specifications and standards:The supplier shall ensure that the goods and related services comply with the technical specifications
and other provisions of the contract.
The supplier shall be entitled to disclaim responsibility for any design, data, drawing, specification or
other document, or any modification thereof provided or designed by or on behalf of the purchaser,
by giving a notice of such disclaimer to the purchaser.
The goods and related services supplied under this contract shall conform to the standards of the
technical specifications, when no applicable standard is mentioned; the standards shall be equivalent
or superior to the official standard whose application is appropriate to the country of origin of the
goods.
Wherever references are made in the contract to codes and standards in accordance with which it
shall be executed, the edition or the revised version of such codes and standards shall be those
specified in technical Specifications
During contract execution, any changes in any such codes and standards shall be applied only after
approval by the Department and shall be treated in accordance with the conditions of contract
B.
i.
Page 55 of 79
Bid Document
Goods
.The arm should be connected at the top through cross structure/ metal plate.
e) Bin Lifter: The lifter should be reliable system with proven technology. Optimum system should be
there for the collection of various types of refuse within one collection point and its low rave rail should
permit the hand loading of bulk refuse items as well as the easy emptying of wheel bins. Tipping of 1.1 m
container directly in the hopper. This should be done without any damages to the container.
The lifter should be able to unload Garbage from bin of size 1100 Litres.Should be light weight for high
legal payloads.
A safety valve shall be provided in the system to avoid sudden descent of bin lifter in a case of failure in
hydraulic system.
Stabilizers: Two no. number of independent Controlled stabilizers shall be provided to keep the vehicle
leveled even on the un-even terrain and to balance the vehicle during /unloading of garbage into the
compactor
Control Valve:
Three Spool type Direction valve is to be provided for all operation with levers easily for easy &
comfortable operation. Spools should be self cantering type. A pressure relief valve is to be provided to
safeguard the hydraulic circuit and to prevent excess loading. Provision for safety when loading and
unloading of the garbage collection container.
Hydraulic Pump:
Hydraulic pump should be coupled with the vehicle PTO /vehicle engines capable to lift the 2.0 ton
Garbage.
Painting:
All members of the hydraulically operated mechanism shall be first cleaned either by appropriate
method, or given a two coat of primer, and finally two or more coats of synthetic enamel paint of
approved colour and make, as per Purchaser.
Accessories:
GAD shall be submitted by the bidder should got approved before manufacturing.
Note: Swachh Bharat Mission Logo as under shall be painted on the goods and tag line shall be painted as
Swachh Bharat-Swachh Rajasthan-Swachh ---------------------(Name of concerned ULB)
Page 56 of 79
4.
Bid Document
Goods
Drawings : The bidder will submit drawings of the proposed equipment along with the bid.
Successful bidder will be required to submit detailed drawings of all the equipment and will be got
approved by the DLB's before fabrication.
1.
2.
Note:
Insurance & Registration of vehicles:-The supplier will be responsible to arrange for final registration
and insurance of all vehicles in the name of the concerning ULB, before final payment by the Procuring
Entity. The supplier shall arrange basic comprehensive insurance covering at least theft, fair, riots and
road accident for one year. The price offered by the bidder shall include all such expenses of insurance,
registration etc.
Page 57 of 79
Bid Document
Goods
1.1
Definitions
1.1.1
2.1.1
1.
Introduction
The following words and expressions shall have the meanings hereby
assigned to them:
i. Act. Means the Rajasthan Transparency in Public Procurement
Act., 2012
ii. Completion means the fulfillment of the Related Services by the
Supplier in accordance with the terms and conditions set forth in the
Contract.
iii. Contract means the Agreement entered into between the
Procuring Entity and the Supplier, together with the Contract
Documents referred to therein, including all attachments,
appendices, specifications and codes and all documents
incorporated by reference therein.
iv. Contract Documents means the documents listed in the
Agreement, including any amendments thereto.
v. Contract Price means the price payable to the Supplier as
specified in the Agreement, subject to such additions and
adjustments thereto or deductions therefrom, as may be made
pursuant to the Contract.
vi. Day means calendar day.
vii. Delivery means the transfer of the Goods from the Supplier to the
Procuring Entity in accordance with the terms and conditions set
forth in the Contract.
viii. GCC mean the General Conditions of Contract
ix. Goods means all of the commodities, raw material, machinery
and equipment, documents, guarantees/warrantees and/or other
materials that the Supplier is required to supply to the Procuring
Entity under the Contract.
x. Procuring Entity means the Entity purchasing the Goods and
Related Services, as specified in the SCC.
xi. Related Services means the services incidental to the supply of
the Goods, such as insurance, installation,
xii. training and initial maintenance, commissioning of equipment or
machinery and other similar obligations of the Supplier under the
Contract.
xiii. Rules means the Rajasthan Transparency in Public Procurement
Rules ,2013
xiv. SCC means the Special Conditions of Contract.Subcontractor
means any natural person, private or government Entity, or a
combination of the above, including its legal successors or
permitted assigns, to whom any part of the Goods to be supplied or
execution of any part of the Related Services is subcontracted by
the Supplier.
xv. Supplier means the natural person, private or government Entity,
or a combination of the above, whose Bid to perform the Contract
has been accepted by the Procuring Entity and is named as such in
the Agreement, and includes the legal successors or permitted
assigns of the Supplier.
xvi. The Site, where applicable, means the place of delivery,
installation, testing/commissioning of the goods/equipment or
machinery or any other place named in the SCC.
2.
Interpretation
If the context so requires it, singular means plural and vice versa.
Page 58 of 79
2.1.2
2.1.3
2.1.4
2.1.5
2.1.6
2.2
Contract
Documents
2.2.1
2.3
Code of
Integrity
2.3.1
2.3.2
2.3.3
Bid Document
Goods
Incoterms
In case of International Competitive Bidding : The meaning of any trade
term and the rights and obligations of parties there under shall be as
prescribed by Incoterms.
EXW, CIF, CIP, and other similar terms, shall be governed by the rules
prescribed in the current edition of Incoterms, published by the International
Chamber of Commerce at the date of the Invitation for Bids or as specified
in the SCC.
Entire Agreement
The Contract constitutes the entire agreement between the Procuring Entity
and the Supplier and supersedes all communications, negotiations and
agreements (whether written or oral) of parties w
Amendment
No amendment or other variation of the Contract shall be valid unless it is
in writing, is dated, expressly refers to the Contract, and is signed by a duly
authorised representative of each party thereto.
Non-waiver
Subject to GCC Sub-Clause (ii) below, no relaxation, forbearance, delay, or
indulgence by either party in enforcing any of the terms and conditions of
the Contract or the granting of time by either party to the other shall
prejudice, affect, or restrict the rights of that party under the Contract,
neither shall any waiver by either party of any breach of Contract operate as
waiver of any subsequent or continuing breach of Contract.
Any waiver of a partys rights, powers, or remedies under the Contract must
be in writing, dated, and signed by an authorised representative of the party
granting such waiver, and must specify the right and the extent to which it is
being waived.
Severability
If any provision or condition of the Contract is prohibited or rendered
invalid or unenforceable, such prohibition, invalidity or unenforceability
shall not affect the validity or enforceability of any other provisions and
conditions of the Contract.
Subject to the order of precedence set forth in the Agreement, all documents
forming the Contract (and all parts thereof) are intended to be correlative,
complementary, supplementary, and mutually explanatory.
The Supplier is bound by the provisions of the Code of Integrity stipulated
in the Act and the Rules and specified in ITB Clause 1.3 [Code of
Integrity]. The corrupt, fraudulent, coercive and collusive practices are
further defined as below:
corrupt practice means the offering, giving, receiving, or soliciting,
directly or indirectly, anything of value to influence improperly the actions
of another party; fraudulent practice means any act or omission, including
a misrepresentation, that knowingly or recklessly misleads, or attempts to
mislead, a party to obtain a financial or other benefit or to avoid an
obligation;
coercive practice means impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party; collusive practice means an
arrangement between two or more parties designed to achieve an improper
purpose, including influencing improperly the actions of another party.
The Procuring Entity shall take legal action against the Supplier under
Section 11(3), 46 and chapter IV of the Act, if it breaches any provisions of
the Code of Integrity, or is determined to have engaged in corrupt,
fraudulent, coercive or collusive practices in competing for the Contract or
execution of the Contract.
The Supplier shall permit the Procuring Entity to inspect the Suppliers
Page 59 of 79
2.4
Language
2.4.1
2.4.2
2.5
Notice
2.5.1
2.5.2
2.6
2.7
Governing
Law
Specification
s
And
Standards
2.6.1
2.7.1
2.7.2
2.7.3
2.8
Copyright
2.8.1
2.9
Confidential
Information
2.9.1
Bid Document
Goods
accounts and records relating to the performance of the Supplier and to have
them audited by auditors appointed by the Procuring Entity, if so required
by the Procuring Entity.
The Contract as well as all correspondence and documents relating to the
Contract exchanged by the Supplier and the Procuring Entity, shall be
written in the language specified in the SCC. Supporting documents and
printed literature that are part of the Contract may be in another language
provided they are accompanied by an accurate translation of the relevant
passages in the language specified in the SCC, in which case, for purposes
of interpretation of the Contract, this translation shall govern.
The Supplier shall bear all costs of translation to the governing language
and all risks of the accuracy of such translation.
Any Notice given by one party to the other pursuant to the Contract shall be
in writing to the address specified in the SCC. The term in writing means
communicated in written form with proof of receipt.
A Notice shall be effective when delivered or on the Notices effective date,
whichever is later.
The Contract shall be governed by and interpreted in accordance with the
laws of India and the State of Rajasthan.
Technical Specifications and Drawings: The Supplier shall ensure that the
Goods and Related Services comply with the technical specifications and
other provisions of the Contract The Supplier shall be entitled to disclaim
responsibility for any design, data, drawing, specification or other
document, or any2modificationthereof provided or designed by or on behalf
of the Procuring Entity, by giving a notice of such disclaimer to the
Procuring Entity.
The Goods and Related Services supplied under this Contract shall conform
to the standards mentioned in Section V, Schedule of Supply and shall bear
such marks. When no applicable standard is mentioned, the Goods and
Related Services supplied shall be of the best quality and the standard shall
be equivalent or
Superior to the official standards whose application is appropriate to the
country of origin of the Goods. In no case such standards shall be inferior to
the relevant updated BIS or international standards.
Wherever references are made in the Contract to codes and standards in
accordance with which it shall be executed, the edition or the revised
version of such codes and standards shall be those specified in the Section
V, Schedule of Supply. During Contract execution, any changes in any such
codes and standards shall be applied only after approval by the Procuring
Entity and shall be treated in accordance with Clause 3.4.
The supply of articles specified at serial number..........in the Schedule of
Supply, shall in addition, conform strictly to the approved samples.
The decision of the Procuring Entity whether the articles supplied conform
to the specifications and are in accordance with the samples, if any, shall be
final and binding on the Supplier.
The copyright in all drawings, documents, and other materials containing
data and information furnished to the Procuring Entity by the Supplier
herein shall remain vested in the Supplier, or, if they are furnished to the
Procuring Entity directly or through the Supplier by any third party,
including suppliers of materials or
Related Services, the copyright in such materials or related services shall
remain vested in such third party.
In addition to the requirements of the provisions of Section 49 of the Act
and Rule 77 of the Rules regarding Confidentiality, the Procuring Entity
and the Supplier shall keep confidential and shall not, without the written
consent of the other party hereto, divulge to any third party any documents,
Page 60 of 79
2.9.2
2.9.3
2.9.4
2.9.5
2.10
Packing and
Documents
2.10.1
2.10.2
2.10.3
2.11
Insurance
2.11.1
2.12
Transportati
on
2.12.1
Bid Document
Goods
Page 61 of 79
2.12.2
2.13
Samples,
Inspections
and
Tests
2.13.1
2.13.2
2.13.3
2.13.4
2.13.5
2.13.6
2.13.7
2.13.8
2.13.9
Bid Document
Goods
Page 62 of 79
2.13.10
2.13.11
2.13.12
2.13.13
2.14
Change in
Laws and
Regulations
2.15
Force
Majeure
2.14.1
2.15.1
2.15.2
2.15.3
Bid Document
Goods
Testing charges shall be borne by the Procuring Entity in case urgent testing
is desired to be arranged by the Supplier. In other cases and in case of test
results showing that supplies are not upto the prescribed standards or
specifications, the testing charges shall be payable by the Supplier.
The Procuring Entity may reject any Goods or any part thereof that are
received but fail to pass any test and/or trials and/or inspection or do not
conform to the specifications and samples supplied with the Bid, if any. The
Supplier shall either rectify or replace such rejected Goods or parts thereof
or make alterations necessary to meet the specifications and samples
supplied with the Bid if any, at no cost to the Procuring Entity, and shall
repeat the test and/or trials and/or inspection, at no cost to the Procuring
Entity, upon giving a notice pursuant to GCC Sub- Clause 2.13.5 If,
however, due to exigencies of Procuring Entitys work, such replacement
either in whole or in part, is not considered feasible, the Procuring Entity
after giving an opportunity to the Bidder of being heard, shall for reasons to
be recorded, deduct a suitable amount from the approved rates and accept
the supply. The deduction so made shall be final.
The rejected articles shall be removed by the Bidder within 15 days of
intimation of rejection, after which the Procuring Entity shall not be
responsible for any loss, shortage or damage and shall have the right to
dispose of such articles as he thinks fit, at the Suppliers risk and on his
account.
The Supplier agrees that neither the execution of a test and/or trials and/or
inspection of the Goods or any part thereof, nor the attendance by the
Procuring Entity or its representative, nor the issue of any report pursuant to
GCC Sub-Clause 2.13.7, shall release the Supplier from any warranties or
other obligations under the Contract.
Unless otherwise specified in the Contract, if after the dead line for
submission of Bids, any law, regulation, ordinance, order or bylaw having
the force of law is enacted, promulgated, abrogated, or changed by
Government of India or the State Government (which shall be deemed to
include any change in interpretation or application by the competent
authorities) that subsequently affects the Delivery Date and/or the Contract
Price, then such Delivery Date and/or Contract Price shall be
correspondingly increased or decreased, to the extent that the Supplier has
thereby been affected in the performance of any of its obligations under the
Contract. Notwithstanding the foregoing, such additional or reduced cost
shall not be separately paid or credited if the same has already been
accounted for in the price adjustment provisions where applicable, in
accordance with GCC Clause 4.1.
The Supplier shall not be liable for forfeiture of its Performance Security,
liquidated damages, or termination for default if and to the extent that
delays in performance or other failure to perform its obligations under the
Contract is the result of an event of Force Majeure.
For purposes of this Clause, Force Majeure means an event or situation
beyond the control of the Supplier that is not foreseeable, is unavoidable,
and its origin is not due to negligence or lack of care on the part of the
Supplier. Such events may include, but not be limited to, acts of the
Procuring Entity in its sovereign capacity, wars or revolutions, fires, floods,
epidemics, quarantine restrictions, and freight embargoes.
If a Force Majeure situation arises, the Supplier shall promptly notify the
Procuring Entity in writing of such condition and the cause and effects
thereof. Unless otherwise directed by the Procuring Entity in writing, the
Supplier shall continue to perform its obligations under the Contract as far
as is reasonably practical, and shall seek all reasonable alternative means at
his cost for performance not prevented by the Force Majeure event.
Page 63 of 79
2.16
Assignment
2.16.1
3.1
JV,
Consortium
or
Association
and Changes
in the
Constitution
of the
Supplier
3.1.1
3.1.2
3.2
Subcontracti
ng
3.2.1
3.2.2
3.3
Scope of
Supply
3.3.1
3.3.2
3.4
Change
Orders
And
Contract
Amendment
s
3.4.1
Bid Document
Goods
Neither the Procuring Entity nor the Supplier shall assign, in whole or in
part, their obligations under this Contract, except with prior written consent
of the other party with recorded reasons. Such assignment shall not relieve
the Supplier or the Procurement Entity of their respective obligations under
the Contract.
3.
Contract Details
If the Supplier is a Joint Venture, Consortium, or Association all the parties
shall sign the Contract except in case of the Joint Venture, Consortium or
Association is a registered Firm or Company. All the parties shall be jointly
and severally liable to the Procuring Entity for the fulfillment of the
provisions of the Contract and shall designate one party to act as a lead
partner with authority to bind and represent the Joint Venture, Consortium,
or Association.
i.
3.4.2
3.4.3
3.4.4
3.5
Delivery
3.5.1
3.5.2
3.6
3.7
3.8
Suppliers
Responsibilit
ies
Procuring
Entitys
Responsibilit
ies
3.6.1
Extensions
of Time
3.8.1
3.7.1
3.8.2
4.1
Contract
Price
4.1.1
4.1.2
Bid Document
Goods
ii.
the method of shipment or packing;
iii.
the place of delivery; and
iv.
The Related Services to be provided by the Supplier.
If any such change causes an increase or decrease in the cost of, or the time
required for, the Suppliers performance of any provisions under the
Contract, an equitable adjustment shall be made in the Contract Price or in
the Delivery and Completion Schedule, or both, and the Contract shall
accordingly be amended. Any claims by the Supplier for adjustment under
this Clause must be asserted within twenty-eight (28) days from the date of
the Suppliers receipt of the Procuring Entitys change order.
Prices to be charged by the Supplier for any Related Services that might be
needed but which were not included in the Contract shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates charged to
other parties by the Supplier for similar services.
Additional quantity may be procured by placing a repeat order on the rates
and conditions of the original order. However, the additional quantity shall
not be more than 50% of the value of Goods of the original contract and
shall be within three months from the date of expiry of last supply.
Subject to GCC Sub-Clause 3.4, the Delivery of the Goods and Completion
of the Related Services shall be in accordance with the Delivery and
Completion Schedule specified in the Section V, Schedule of Supply. The
details of shipping and other documents to be furnished by the Supplier are
specified in the SCC.
All Goods must be sent freight paid through Railways or Goods transport. If
Goods are sent freight to pay, the freight together with departmental charge
of 5% of the freight will be recovered from the Suppliers bill.
R.R. should be sent under registered cover. In case advance payment is to
be made, the RR shall be sent through Bank only.
The Supplier shall supply all the Goods and Related Services included in
the Scope of Supply in accordance with GCC Clause 3.3 and the Delivery
and Completion Schedule, as per GCC Clause 3.5.
Whenever the supply of Goods or Related Services requires that the
Supplier obtain permits, approvals, and import and other licenses from local
public authorities, the Procuring Entity shall, if so requested by the
Supplier, shall make its best effort to support the Supplier in complying
with such requirements in a timely and expeditious manner.
If at any time during performance of the Contract, the Supplier or its
Subcontractors should encounter conditions impeding timely delivery of the
Goods or completion of Related Services pursuant to GCC Clause 3.5, the
Supplier shall promptly notify the Procuring Entity in writing of the delay,
its likely duration, and its cause. As soon as practicable after receipt of the
Suppliers notice, the Procuring Entity shall evaluate the situation and may
at its discretion extend the Suppliers time for performance, with or without
liquidated damages depending on the nature of causes of delay, by issuing
an amendment of the Contract.
Except in case of Force Majeure, as provided under GCC Clause 2.15, or
reasons beyond the control of the Supplier under GCC Clause 3.8.1, a delay
by the Supplier in the performance of its Delivery and Completion
obligations shall render the Supplier liable to the imposition of liquidated
damages pursuant to GCC Clause 4.5.
4.
Contract Price and Payments
The Contract Price shall be as specified in the Agreement subject to any
additions and adjustments thereto, or deductions therefore, as may be made
pursuant to the Contract.
Prices charged by the Supplier for the Goods delivered and the Related
Services performed under the Contract shall not vary from the prices quoted
Page 65 of 79
4.1.3
4.2
Terms of
Payment
4.2.1
4.2.2
4.2.3
4.2.4
4.5.5
4.5.6
4.5.7
4.3
Taxes and
Duties
4.3.1
4.3.2
4.3.3
4.4
Performance
Security
4.4.1
4.4.2
Bid Document
Goods
by the Supplier in its Bid, with the exception of any price adjustments, if
authorised in the SCC.
Price Adjustment, if applicable, shall be calculated as per Appendix A to
the GCC. Price adjustment shall not be applicable in contracts having
delivery or completion period of up to 18 months.
The terms of payment of the Contract Price shall be as specified in the SCC.
The Suppliers request for payment shall be made to the Procuring Entity in
writing, accompanied by invoices describing, as appropriate, the Goods
delivered and Related Services performed, and by the documents submitted
pursuant to GCC Clause 3.5 and upon fulfillment of all the obligations
stipulated in the Contract.
Payments should be made promptly by the Procuring Entity, as far as
possible, within Thirty (30) days after submission of an invoice or request
for payment by the Supplier, and the Procuring Entity has accepted it. All
remittance charges shall be borne by the Supplier
The currency in which payments shall be made to the Supplier under this
Contract shall be Indian Rupees unless otherwise specified in the SCC.
In case of disputed items, 10 to 25% of the amount of the price of such
items may be withheld and will be paid on settlement of the dispute.
Payment in case of those Goods which need trials or testing as specified in
Section V, Schedule of Supply shall be made only when such trials or tests
have been carried out and trials or test results received conforming to the
prescribed specifications.
Advance Payment will not be made except in rare and special cases and as
provided for in the Contract. In case of advance payment being made, it
shall be to the extent and on conditions, interest at the prevailing bank rates
and against a confirmed bank guarantee for 100% of the advance as
provided in the SCC. The amount of advance shall be used exclusively for
supplies against the Contract. if advance payment is to be made after
dispatch of Goods by the Supplier, it will be made after presenting the proof
of dispatch through the bank and prior inspection, if any. The balance if any
will be paid on receipt of the consignment in good condition with the
certificate to that effect endorsed on the inspection note given to the
Supplier.
For Goods supplied from outside India, the Supplier shall be entirely
responsible for all taxes, stamp duties, license fees, and other such levies
imposed outside India.
For Goods supplied from within India, the Supplier shall be entirely
responsible for all taxes, duties, license fees, etc., incurred until delivery of
the contracted Goods at site to the Procuring Entity.
If any tax exemptions, reductions, allowances or privileges may be
available to the Supplier in India, the Procuring Entity shall use its best
efforts to enable the Supplier to benefit from any such tax savings to the
maximum allowable extent.
The Supplier shall, within fifteen (15) days or a period specified in SCC, of
the Notification of Award, sign the Contract Agreement and provide a
Performance Security or, where applicable, a Performance Security
Declaration for the due performance of the Contract for the amount
specified in the SCC.
The Performance Security shall be denominated in the currency of the
Contract and shall be in one of the following forms:
deposited through ; or Bank Draft or Banker's Cheque of a Scheduled Bank
in India; or National Savings Certificates and any other script/ instrument
under National Savings Schemes for promotion of small savings issued by a
Post Office in Rajasthan, if the same can be pledged under the relevant
Page 66 of 79
4.4.3
4.4.4
4.5
Liquidated
Damages
4.5.1
Bid Document
Goods
rules. They shall be accepted at their surrender value at the time of Bid and
formally transferred in the name of the Procuring Entity with the approval
of Head Post Master; or Bank guarantee. It shall be of a scheduled Bank in
India in prescribed or other acceptable format or from other Issuer
acceptable to the Procuring Entity. The bank guarantee shall be got verified
from the issuing bank and confirmer, if any; or Fixed Deposit Receipt
(FDR) of a Scheduled Bank. It shall be in the name of the Procuring Entity
on account of Bidder and discharged by the Bidder in advance. The
Procuring Entity shall ensure before accepting the Fixed Deposit Receipt
that the Bidder furnishes an undertaking from the bank to make payment/
premature payment of the Fixed Deposit Receipt on demand to the
Procuring Entity without requirement of consent of the Bidder concerned.
In the event of forfeiture of the Performance Security, the Fixed Deposit
shall be forfeited along with interest earned on such Fixed Deposit.
The proceeds of the Performance Security shall be forfeited and shall be
payable as compensation to the Procuring Entity on happening of any of the
events mentioned below:
when the Supplier does not sign the Agreement in accordance with ITB
Clause 6.4 [Signing of Contract] within the specified time; after issue of
letter of acceptance/ placement of supply order within the specified period;
or when the Supplier fails to commence the supply of the Goods or Related
Services as per supply order within the time specified; or when Supplier
fails to make complete supply of the Goods or Related Services
satisfactorily within the time specified; or When any terms and conditions
of the Contract is breached; or if the Supplier breaches any provision of the
Code of Integrity prescribed for Bidders in the Act and Chapter VI of the
Rules and as specified in ITB Clause 1.3. Notice of reasonable time will be
given in case of forfeiture of Performance Security. The decision of the
Procuring Entity in this regard shall be final.
The Performance Security shall be discharged by the Procuring Entity and
returned to the Supplier not later than sixty (60) days following the date of
satisfactory completion of the Suppliers performance obligations under the
Contract, including any warranty and/ or maintenance obligations, unless
specified otherwise in the SCC.
Subject to provisions of GCC Clause 2.15 and 3.8, if the Supplier fails to
deliver any or all of the Goods or perform the Related services within the
period specified in the Contract , the Procuring Entity shall, without
prejudice to all its other remedies under the Contract, deduct from the
Contract Price, as liquidated damages on the basis of following percentages
of value of Goods and/ or Related Service which the Supplier has failed to
supply or complete:No. Condition
LD%
a.
Delay up to one fourth period of the specified period of 2.50%
delivery, successful installation and completion of
subject matter of procurement.
b.
Delay exceeding one fourth but not exceeding half of 5.00%
the specified period of delivery, successful installation
and completion of subject matter of procurement.
c.
Delay exceeding half but not exceeding three fourth of 7.50%
the specified period of delivery, successful installation
and completion of subject matter of procurement.
d.
Delay exceeding three fourth of the specified period of 10.00%
delivery, successful installation and completion of
subject matter of procurement.
Fraction of a day in reckoning period of delay in supplies, successful
installation and completion of work shall be eliminated if it is less than half
Page 67 of 79
4.5.2
4.6
Warranty
4.6.1
4.6.2
4.6.3
4.6.4
4.6.5
4.6.6
4.6.7
4.6.8
Bid Document
Goods
Page 68 of 79
4.7
Patent
Indemnity
4.7.1
4.7.2
4.7.3
4.7.4
4.7.5
4.8
Limitation
of Liability
4.8.1
Bid Document
Goods
period specified in the SCC; the Procuring Entity may proceed to take
within a reasonable period such remedial action as may be necessary, at the
Suppliers risk and expense and without prejudice to any other rights which
the Procuring Entity may have against the Supplier under the Contract.
The Supplier shall, subject to the Procuring Entitys compliance with GCC
Sub-Clause 4.7.2, indemnify and hold harmless the Procuring Entity and its
employees and officers from and against any and all suits, actions or
administrative proceedings, claims, demands, losses, damages, costs, and
expenses of any nature, including attorneys fees and expenses, which the
Procuring Entity may suffer as a result of any infringement or alleged
infringement of any patent, utility model, registered design, trademark,
copyright, or other intellectual property right registered or otherwise
existing at the date of the Contract by reason of the installation of the Goods
by the Supplier or the use of the Goods where the Site is located; and The
sale in any country of the products produced by the Goods.
Such indemnity shall not cover any use of the Goods or any part thereof
other than for the purpose indicated by or to be reasonably inferred from the
Contract, neither any infringement resulting from the use of the Goods or
any part thereof, or any products produced thereby in association or
combination with any other equipment, plant, or materials not supplied by
the Supplier, pursuant to the Contract.
If any proceedings are brought or any claim is made against the Procuring
Entity arising out of the matters referred to in GCC Sub- Clause4.7.1, the
Procuring Entity shall promptly give the Supplier a notice thereof, and the
Supplier shall at its own expense and in the Procuring Entitys name
conduct such proceedings or claim and any negotiations for the settlement
of any such proceedings or claim.
If the Supplier fails to notify the Procuring Entity within twenty-eight (28)
days after receipt of such notice that it intends to conduct any such
proceedings or claim, then the Procuring Entity shall be free to conduct the
same on its own behalf and at the expenses of the Supplier.
The Procuring Entity shall, at the Suppliers request, afford all available
assistance to the Supplier in conducting such proceedings or claim, and
shall be reimbursed by the Supplier for all reasonable expenses incurred in
so doing.
The Procuring Entity shall indemnify and hold harmless the Supplier and its
employees, officers, and Subcontractors from and against any and all suits,
actions or administrative proceedings, claims, demands, losses, damages,
costs, and expenses of any nature, including attorneys fees and expenses,
which the Supplier may suffer as a result of any infringement or alleged
infringement of any patent, utility model, registered design, trademark,
copyright, or other intellectual property right registered or otherwise
existing at the date of the Contract arising out of or in connection with any
design, data, drawing, specification, or other documents or materials
provided or designed by or on behalf of the Procuring Entity.
Except in cases of gross negligence or willful misconduct :
neither party shall be liable to the other party for any indirect or
consequential loss or damage, loss of use, loss of production, or loss of
profits or interest costs, provided that this exclusion shall not apply to any
obligation of the Supplier to pay liquidated damages to the Procuring
Entity; and the aggregate liability of the Supplier to the Procuring Entity,
whether under the Contract, in tort, or otherwise, shall not exceed the
amount specified in the SCC, which shall not be less than the amount of the
Contract Price, provided that this limitation shall not apply to the cost of
repairing or replacing defective equipment, or to any obligation of the
Supplier to indemnify the Procuring Entity with respect to patent
Page 69 of 79
5.1
Termination
for Default
5.1.1
5.1.2
5.2
Termination
For
Insolvency
5.2.1
5.3
Termination
for
Convenience
5.3.1
5.4
Dispute
Resolution
Price fall
clause
5.4.1
5.5
5.5.1
Bid Document
Goods
infringement.
5.
Termination and Disputes
The Procuring Entity, without prejudice to any other remedy under the
provisions of the Act, the Rules or the Contract for breach of Contract, by
Notice of default sent to the Supplier, may terminate the Contract in whole
or in part:
if the Supplier fails to deliver any or all of the Goods and/ or Related
Services within the period specified in the Contract, or within any extension
thereof granted by the Procuring Entity pursuant to GCC Clause 3.8; or
If the Supplier fails to perform any other obligation under the Contract.
If the Supplier, in the judgment of the Procuring Entity has breached the
Code of Integrity, as defined in GCC Clause2.3, in competing for or in
executing the Contract.
In the event the Procuring Entity terminates the Contract in whole or in part,
pursuant to GCC Clause 5.1.1 , the Procuring Entity may procure, upon
such terms and in such manner as it deems appropriate, Goods and/ or
Related Services similar to those undelivered or not performed, and the
Supplier shall be liable to the Procuring Entity for any additional costs for
such similar Goods or Related Services. However, the Supplier shall
continue performance of the Contract to the extent not terminated.
The Procuring Entity may at any time terminate the Contract by giving
Notice to the Supplier if the Supplier becomes bankrupt or otherwise
insolvent. In such event, termination will be without compensation to the
Supplier, provided that such termination will not prejudice or affect any
right of action or remedy that has accrued or will accrue thereafter to the
Procuring Entity.
The Procuring Entity, by Notice sent to the Supplier, may terminate the
Contract, in whole or in part, at any time for its convenience. The Notice of
termination shall specify that termination is for the Procuring Entitys
convenience, the extent to which performance of the Supplier under the
Contract is terminated, and the date upon which such termination becomes
effective.
The Goods that are complete and ready for shipment at the time of
Suppliers receipt of the Notice of termination may, if required, be accepted
by the Procuring Entity at the Contract terms and prices.
Dispute Resolution Mechanism shall be as stated in Appendix B.
The prices under a rate contract shall be subject to price fall clause. A
clause regarding price fall shall be incorporated in the terms and conditions
of rate contract. Price fall clause is a price safety mechanism in rate
contracts and it provides that if the rate contract holder quotes / reduces its
price to render similar goods, works or services at a price lower than the
rate contract price to anyone in the State at any time during the currency of
the rate contract, the rate contract price shall be automatically reduced with
effect from the date of reducing or quoting lower price, for all delivery of
the subject matter of procurement under that rate contract and the rate
contract shall be amended accordingly. The firms holding parallel rate
contracts shall also be given opportunity to reduce their price by notifying
them the reduced price giving them fifteen days time to intimate their
acceptance to the revised price. Similarly, if a parallel rate contract holding
firm reduces its price during currency of the rate contract, its reduced price
shall be conveyed to other parallel rate contract holding firms and the
original rate contract holding firm for corresponding reduction in their
prices. If any rate contract holding firm does not agree to the reduced price,
further transaction with it, shall not be conducted.
Page 70 of 79
5.5.2
Bid Document
Goods
It should be ensured that new rate contracts become operative right after the
expiry of the existing rate contracts without any gap. In case it is not
possible to conclude the new rate contracts due to unavoidable reasons, the
existing rate contracts may be extended on same price, terms and conditions
for a period not exceeding 3 months. In such cases it shall be ensured that
market prices have not fallen down during the period for the subject matter
of procurement or its constituents, to be procured under the rate contract.
Page 71 of 79
6.
Bid Document
Goods
Any dispute arising from the Contract shall be resolved amicably, as far as possible. The levels of the
Dispute Resolution mechanism shall be as follows:
I.
II.
If a question, difference or objection arises in connection with or out of the contract agreement or
the meaning of operation of any part, thereof or the rights, duties or liabilities of either party have
not been settled by amicable resolution through mutual discussions, it shall be referred to the
appropriate empowered Dispute Resolution Committee for decision, if the amount of the claim is
more than Rs. 50000/-.
Dispute Resolution Mechanism will have the following Committees at the levels of Head of the Department
and Administrative Secretary of the Department:
1. Head of the Department Level Committee: to address disputes in contracts of value upto Rs. 1 crore:
The Head of the Department Level Committee shall comprise of Head of the Department, Financial Advisor/
Chief Accounts Officer of the Department, Concerned Procuring Entity or Additional Head of the
Department (Member -Secretary) and Representative of Law Department not below the rank of Legal
Assistant.
2. Administrative Secretary Level Committee: to address disputes in contracts of value of more than
Rupees One Crore:
The Administrative Department Level Committee shall comprise of Administrative Secretary of the
Department, Representative of Finance Department not below the rank of Deputy Secretary, Law Secretary
or his nominee, not below the rank of Joint Legal Remembrance, Chief Engineer cum - Addl. Secretary of
the concerned department and Chief Engineer concerned or Head of the Department, in case of other than a
Works Department (Member- Secretary).
NOTE:- In case the Procuring Entity is other than a Department of the State Government, the concerned
Administrative Department will decide the levels of various members of the two Dispute Resolution
Committees.
III.
IV.
V.
Arbitration will be applicable in case of disputes arising in contracts of value of more than Rs.10
crore which remain unresolved through the Dispute Resolution Committee.
All legal proceedings, if necessary arise to institute by any of the parties shall have to be lodged in
courts situated in Rajasthan and not elsewhere.
Procedure of reference to the Dispute Resolution Committee:-The Supplier shall present his
representation to the Procuring Entity along with a fee equal to two percent of the amount of
dispute, not exceeding Rupees One lakh, within three months of occurrence of the Dispute. The
Procuring Entity shall prepare a reply of representation and shall represent its stand before the
concerned Dispute Resolution Committee. From the side of the Supplier, the claim case may be
presented by himself or through a representative. After hearing both the parties, the Dispute
Resolution Committee shall pronounce its decision which shall be final and binding both on the
Supplier and the Procuring Entity.
Page 72 of 79
Bid Document
Goods
The Procuring Entity is: Director cum Joint Secretary Local Bodies, Raj. Jaipur
Administrative Department for ULBs
GCC 1.1.1(ii)
GCC1.1.1 (xvi)
Completion means the fulfillment of the related services by the supplier after the Physical
Completion.
The Site is: Municipal Corporation Council/Board all Rajasthan
GCC 2.1.2
GCC 2.4.1
GCC 2.5.1
The language shall be [English/ Hindi/ Both English and Hindi]: English
For notices, the Procuring Entitys address is:
Attention Director cum Joint Secretary Local Bodies, Raj. Jaipur
Address G-3 Rajmahal Residency Near Civil Lines Railway Crossing Jaipur
City : Jaipur
Telephone No.: 0141-222240 Fax: 0141-2222403
Email address: dlbrajasthan@gmail.com
The packing, marking and documentation within and outside the packages shall be:
Marking should be as per specification and suitable packing for transportation and
delivery for Goods
The insurance coverage shall be in accordance with :
GCC 2.10.2
GCC 2.11.1
For goods to be supplied from within India, the Supplier must insure the goods in an
amount equal to 110% of the EXW price of the goods from warehouse to warehouse to
cover loss or damage during the delivery.
GCC 2.12.1
GCC 2.13.3
After supply and delivery one year comprehensive insurance shall be done by supplier all
expenditure shall be borne by supplier.
Obligations for transportation of the Goods shall be in accordance with: Transportation
charges shall be borne by supplier up to final destination.
Tests, trials or Inspections specified in Section V, Schedule of Supply, shall be carried out
at the following times or milestones, and places: At the suppliers works/factory premises.
Tests and Inspections specified in Section V, Schedule of Supply, shall be carried out at the
following times or milestones, and places :
(a) The Supplier, Purchaser or his representative(s), Commissioner/EO of Municipal
Body or his representative(s) and Third Party as appointed by Govt. may jointly
conduct inspections and testing of the Goods at Supplier Place before delivery to
the Place of Delivery specified in Section V prior to issuance of the authorization
for delivery by the Purchaser. All costs involved in arranging and performing of
such inspections and tests shall be borne by the Supplier. The fee of Third Party
shall be paid by the supplier.
(b) The Procurement Entity or his duly authorised representative shall at all reasonable
time have access to the suppliers premises and shall have the power at all
reasonable time to inspect and examine the materials and workmanship of the
goods/equipment/machineries during manufacturing process or afterwards as may
be decided.
(c) The supplier shall furnish complete address of premises of his office, godown and
workshop where inspection can be made together with name and address of the
Page 73 of 79
Bid Document
Goods
GCC 4.1.2
GCC 4.2.1
Details of shipping and other documents to be furnished by the Supplier shall be: Upon
delivery of the Goods to the place of delivery, the Supplier shall notify the Procuring Entity
and shall submit the following documents to the Procuring Entity, one week before the
arrival of the goods at the port or place of delivery:
(a) Three copies of the Suppliers invoice showing the description of the Goods, quantity,
unit price, and total amount;
(b) Delivery note, transport receipt, if any;
(c) Manufacturer or Suppliers warranty certificate;
(d) Pre-shipment/ suppliers factory inspection reports & test reports carried out at works.
(e) Inspection certificate issued by the nominated inspection agency, and the joint
inspection report;
(f) Certificate of origin.
(g) Receipt of Goods from representative of Procuring Entity.
Acceptance certificate issued jointly by 3rd party inspecting agency & authorized officer of
municipal body in the form of note of inspection held at the place of delivery.
The price adjustment shall be (Payable/ Not Payable): No price adjustment shall be paid
except that of sales tax/ VAT. 3rd party inspection fees shall be borne by the supplier.
The terms of payment shall be: Payment can be release on the completion of city wise
delivery.
1. For goods purchased from within the Procuring Entitys country:
(a)
GCC 4.2.4
GCC 4.3.4
GCC 4.2.7
GCC 4.4.1
The Procuring Entity shall pay to the Supplier within 30 days after receiving goods at
the place of delivery, as defined in Section VI, Schedule of Supply and upon
submission of documents specified in SCC clause 12.1, eighty (80) percent of the
Contract Price.
(b) On Completion of contract: Twenty (20) percent of the Contract Price of the Goods
received shall be paid within 30 days after completion of contract in all respect.
The currencies for payments (If other than Indian Rupees ) shall be :INR
Any variation in the taxes and duties due to applicability of Goods Services Tax (GST)
shall be applicable as per law.
Advance Payment, if payable, the amount, conditions and guarantee, if any, shall be:
In case of specific item like chassis, advance payment, if desired by the supplier shall be
released against proforma invoice of chassis manufacturer/ dealer in the name of consignee.
This payment shall be made by the Procuring Entity or consignee to the supplier on
submission of unconditional Bank Guarantee of equal amount in the name of
Commissioner/Executive Officer Municipal Corporation/Council/Board concerned
invocable at Jaipur/concerned ULB Branch valid for a period of twelve months
extendable till the delivery of vehicles to the place of delivery. The chassis shall be the
property of Procuring Entity but the same shall be delivered to the supplier for fabrication.
The Supplier shall provide a Performance Security of percent of the Contract Price or
provide Performance Security Declaration, if applicable, and sign the Agreement within
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GCC 4.4.4
GCC 4.6.3
GCC 4.6.5
GCC 4.8.1
(2) The amount of performance security shall be five percent, or as may be specified in the
bidding documents, of the amount of supply order In case of Small Scale Industries of
Rajasthan it shall be one percent of the amount of quantity ordered for supply of goods and
in case of sick industries, other than Small Scale Industries, whose cases are pending before
the Board of Industrial and Financial Reconstruction (BIFR), it shall be two percent of the
amount of supply order.
Discharge of Performance Security shall take place on: Pursuant to GCC Sub-clause
4.4.4, after delivery, completion of related services and completion of warranty
period, the performance security submitted shall be released
The period of validity of the Warranty for each item shall be: 12 (Twelve) months from the
date of delivery of goods to the designated place of delivery.
The Supplier shall correct any defects covered by the Warranty Within 30 days of being
notified by the Procuring Entity of the occurrence of such defects.
The amount of aggregate liability of the Supplier to the Procuring Entity shall be: which
shall not be less than the amount of the Contract Price, provided that this limitation shall not
apply to the cost of repairing or replacing defective equipment, or to any obligation of the
Supplier to indemnify the Procuring Entity with respect to patent infringement.
Training of operating personnel: - All personnel designated by the Department to be
responsible for the operation and maintenance/repair of the equipment shall be provided
with practical training in the use and routine maintenance of the good at the office of the
concerned ULB's for this purpose, the supplier shall provide a training program of the
purchaser's personnel immediately after the delivery of the equipment.
The supplier shall submit separately, with his bid documents details of his proposed training
program, the facilities required, and the training personnel to be provided. All costs for the
supplier's personnel involved in the training and any incidental expenses shall be included
in the tendered rate. All costs of the Purchaser's personnel and provision of training shall be
borne by the purchaser. The tenderer may be asked to train two personnel for one vehicle/
equipment.
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2. Performance Security
(To be given by a Scheduled Bank in India or other Issuer acceptable to the Procuring Entity)
Date:
Contract Name and No.:
To:
WHEREAS_______________(hereinafter the Supplier) has undertaken, pursuant to Contract
No._______________dated ________________ to supply___________ (hereinafter the Contract).
AND WHEREAS it has been stipulated by you in the aforementioned Contract that the Supplier shall furnish
you with a Security issued by a reputable guarantor for the sum specified therein as Security for compliance
with the Suppliers performance obligations in accordance with the Contract.
AND WHEREAS the undersigned, legally domiciled in _______________________, (hereinafter the
Guarantor), have agreed to give the Supplier a Security:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Supplier,
up to a total of __________ and we undertake to pay you, upon your first written demand declaring the
Supplier to be in default under the Contract, without cavil or argument, any sum or sums within the limits of
_______________ as aforesaid, without your needing to prove or to show grounds or reasons for your
demand or the sum specified therein. This Security is valid until the day of
Name
In the capacity of Signed
Duly authorised to sign the Security for and on behalf of Banks Seal
Date
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