GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY OFFICE OF THE CONTOLLER GENERAL OF PATENTS, DESIGNS & TRADEMARKS

Transcription

1 GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY OFFICE OF THE CONTOLLER GENERAL OF PATENTS, DESIGNS & TRADEMARKS TENDER DOCUMENT FOR PROCUREMENT OF DESKTOP COMPUTERS FOR THE TRADE MARKS REGISTRY, BOUDHIK SAMPADA BHAWAN MUMBAI

2 GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY OFFICE OF THE CONTOLLER GENERAL OF PATENTS, DESIGNS & TRADEMARKS TRADE MARKS REGISTRY, BOUDHIK SAMPADA BHAWAN S.M. ROAD, ANTOP HILL MUMBAI No. CG/TMR/IT/2015/ Date: NOTICE INVITING TENDER (NIT) On behalf of The President of India, the Controller General of Patents, Designs & Trademarks (CGPDTM) invites sealed rate tenders for purchase of Desktop computers on F.O.R. delivery basis from vendors who have experience in supplying of Desktop computers to Government departments or Public Sector Undertakings. S. Nature of work EMD Period of Period of Last date Date of opening No. (Rs.) Supply Sale of for of tender submission Tender Supply of 100 1,00,000 document 15 Days 09/02/2015 of Tender 23/02/2015 Technical bid 1. Desktop computers (One Lakh to up to 5:30 24/02/2015 at at the Trade Marks only) 20/02/2015 pm 11:00 am Registry, IP Office up to 11:00 Financial bid Antop Hill Mumbai AM 25/02/2015 at 11:00 am The tender documents can be purchased from the Front Office Counter of the Trade Marks Registry Mumbai on a payment of Rs. 2000/- (Non refundable) through cash/ DD drawn in favour of Registrar of Trade Marks payable at Mumbai. The tender documents can also be seen/ downloaded by visiting Website: or A Demand Draft/Bankers Cheque of Rs. 2000/- favouring Registrar of Trade Marks payable at Mumbai, should be submitted as tender fee, if the tender document is downloaded from website.

3 Introduction and Objective: Functions of the Trade Marks Registry are performed through an automated Trade Marks System. The central server of the TMR is at IPO Delhi. All the TMR offices- namely at Mumbai, Delhi, Chennai, Ahmedabad and Kolkata, are connected with the central server through virtual private networks. The staff and officials perform their functions through the TMS which is recorded at the central server at real time basis. As per scheme of legislation of trademarks, all the applications made for registration of trademarks are to be examined as per provisions of the Trade Marks Act and Rules made thereunder. It has been decided to engage 100 Examiners of Trade Marks on Contract basis to examine applications made for registration of trademarks. The procurement of desktop computers are required for this purpose. Qualifying Criteria: Tenders are invited from vendors who have experience in supplying of Desktop Computers to Government departments or Public Sector Undertakings with the eligibility as below:- 1. The Average annual financial turnover for last three years shall be at least Rs. 10 Crore. Copies of the balance sheets of last three financial years, duly certified by a Chartered Accountant shall be submitted in support of the requisite financial Turnover. 2. The bidder shall have successfully completed similar works of supplying of Desktop Computers during the last five years as mentioned below: a. At least five work orders, costing not less than Rs 40 Lakh each OR b At least three work Orders, costing not less than Rs 70 Lakh each c OR At least two work Orders, costing not less than Rs 1 Crore each OR d. At least One Work Order, costing not less than Rs 2 Crore each 3. Copy of Sales Tax/VAT/Registration Certificate.

4 The bidders shall submit the copies of relevant documents to support their eligibility in the Envelope-1 of the tender. The copies of these documents shall be signed and stamped by the bidder and duly attested by a Notary Public. Process for filing Tender: The tenders are to be submitted in two separate sealed Envelopes/covers enclosed in a bigger envelop. ENVELOPE-1 The Envelope-1 shall contain the followings: D.D. of Rs. 2000/- favouring Registrar of Trade Marks, payable at Mumbai, is to be submitted as tender fee, if the tender documents are downloaded from website. Earnest Money Deposit (EMD) as per NIT Acceptance letter for un-conditional acceptance of the Tender conditions as per the Proforma given in the Instructions to Tenderers. (Signed and Stamped) Annexure A An undertaking affidavit on Stamp Paper of Rs. 10/- as per Annexure B Tendering Companies/Firms/Agencies are required to enclose self-attested photocopies of the following documents along with the Technical Bid, failing which their bids shall be summarily/out-rightly rejected and will not be considered any further:- a. Registration certificate: b. Copy of PAN/TAN number, Sales tax registration, VAT registration. c. Copy of the IT return filed for the last three financial years. d. Copies of the OEM presence in India or channel partners / service providers, authorised distributors / dealers / resellers. e. Copies of the experience of supplying orders for Govt. Deptt./ PSU etc. Credentials/documents in support of meeting the Pre-qualifying criteria as prescribed in the NIT. This envelope shall be marked as: Envelope-1: TECHNICAL BID including EMD, Acceptance letter/annexure A, Annexure B, Signed tender document including NIT, GCC, etc.) NIT No. DUE ON : FROM : (NAME OF THE TENDERER)

5 ENVELOP -2 The envelop 2 shall contain the following: ice Bid duly filled in, signed and stamped on each page by the tenderer/ authorized representative of the tenderer. No cutting or overwriting shall be allowed and in any such cases the bid shall be treated as CANCELLED AND TENDERER SHALL BE TREATED AS DISQUALIFIED. This envelope shall be marked as: ENVELOPE-2: PRICE BID for (Name of work as mentioned in NIT Notice Inviting Tender ) NIT No. DUE ON : FROM: (NAME OF THE TENDERER) Both envelopes (1 and 2) should be placed in a bigger envelope with mention of Name of work, date and time of submission of bids along with tenderer name and address and to be submitted to the Shri S. M. Togrikar, Head of Office, Trade Marks Registry at the Boudhik Sampada Bhawan, S.M. Road, Antop Hill Tenders received after the last date shall be summarily rejected and will be returned to the intending tendered in sealed condition. The tenderer shall sign and stamp each page of this tender document and all other enclosures appended to it as a token of having read and understood the terms and conditions contained herein and submit the same along with the bid The intending tenderer, if required, may make enquiries, if any, with Shri C. S. Uchil at The "Technical Bid" will be opened on 24 th February 2015 at 03:00 PM in the presence of the tenderers or/and their representatives at Conference Hall, Boudhik Sampada Bhawan, at Mumbai. Financial Bid will be opened on 25 th February, 2015 at 03:00 PM, of those bidders who are declared eligible in the technical bid. CGPDTM or any person authorized by him reserves the right to accept/reject any or all the tenders

6 in part or full or divide the work among two or more parties without assigning any reasons whatsoever and in such case bidders/intending bidders, shall not have any claim on Office of Controller General of Patents, Designs and Trade Marks/Head of Office/Administrative Officer TMR Mumbai. SPECIFICATION OF DESKTOP COPUTERS Parameter Processor Motherboard and Chipset Memory Memory Expandable Technical Specification Intel Core i7 4th Gen Intel H81 Chipset and OEM motherboard 4x2 GBDDR3 1333MHz or higher Memory expandable upto 16 GB Hard Disk 1 TB SATA, 7200 RPM with 2 partition Monitor Monitor 22 LED Backlid TFT (Antiglare), with HMDI port and cable Ethernet Ethernet integrated Giga-bit (10/100/1000) Mouse Key Board Optical Drive Graphics Audio Controller Speaker I/O Port Expansion Slot Power Cabinet OS Warranty USB OEM optical Mouse USB OEM Key Board DVD RW 1 GB Graphics Card On Board Internal Speaker 6 USB (at least 2 in front); 1 Ethernet (RJ45); 1 VGA out; 1 HDMI 1 Stereo line in/out; 1 Microphone line in; 1 Headphone (Front), 1 serial, 1 Parallel port 1 x PCIe x1, 1 PCIe x 16, 1 x PCI 300 Watt minimum power supply Micro ATX Cabinet Win8 Professional Minimum 3 years on site comprehensive

7 General conditions of contract (GCC) 1. These General Conditions shall apply to the extent that they are not superseded by provisions in other parts of the Contract. 2. The Goods supplied under this Contract shall conform to the standards mentioned in the Technical Specifications, and, when no applicable standard is mentioned, to the authoritative standard appropriate to the Goods. 3. All bids complete in every respect must reach this office within the last date and time of receipt of bid. No extension shall be allowed for any reason what so ever. Late tenders, Tenders received without Bid security/earnest Money will be rejected summarily. 4. Within 10 days of receipt of the notification of contract award/purchase order, the Supplier shall furnish performance security for the amount specified in the SCC. 5. The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier's failure to complete its obligations under the Contract. 6. The Purchaser or its representative shall have the right to inspect and/or to test the Goods at the supplier s site to confirm their conformity to the contract specification at no extra cost to the purchaser. 7. Delivery of the Goods shall be made by the Supplier in accordance with the terms specified by the Purchaser in the order within the period as indicated in the tender document. 8. The Goods supplied under the Contract shall be fully insured in Indian Rupees against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified. 9. Where the Supplier is required under the Contract to transport the Goods to a specified place of destination within India defined as Project site, transport to such place of destination including insurance, as shall be specified in the Contract, shall be arranged by the Supplier, and the related cost shall be included in the Contract Price. 10. The Supplier warrants that the Goods supplied under this Contract are new, unused, of the most recent or current models and that they incorporate all recent improvements in design and materials unless provided otherwise in the Contract. The Supplier further warrants that all Goods supplied under this Contract shall have no defect arising from design, materials or workmanship (except when the design and/or material is required by the Purchaser's Specifications) or from any act or omission of the Supplier.

8 11. The Purchaser shall promptly notify the Supplier in writing of any claims arising under this warranty. Upon receipt of such notice, the Supplier shall immediately within in 02 days arrange to repair or replace the defective goods or parts thereof free of cost at the ultimate destination. The Supplier shall take over the replaced parts/goods at the time of their replacement. No claim whatsoever shall lie on the Purchaser for the replaced parts/goods thereafter Payments shall be made by the Purchaser normally within sixty (60) days after submission of the invoice or claim by the Supplier along with the certificate of successful installation, testing & commissioning from the officer authorized by CGPDTM at respective location The Supplier's request(s) for payment shall be made to the Purchaser in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and the Services performed, and by documents, submitted pursuant to GCC Clause 7, and upon fulfillment of other obligations stipulated in the contract No advance payment or payment against Performa invoice will be made. Payment will be made after receipt, inspection, and installation/testing 13. Prices charged by the Supplier for Goods delivered and Services performed under the Contract shall not vary from the prices quoted by the Supplier in its bid. 14. No variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties. 15. Delivery of the Goods and performance of the Services shall be made by the Supplier in accordance with the time and delivery schedule specified by the Purchaser in the Contract If at any time during performance of the Contract, the Supplier should encounter conditions impeding timely delivery of goods and performance of Services, the Supplier shall promptly notify the Purchaser in writing of the fact of the delay, its likely duration and its cause(s) As soon as practicable after receipt of the Supplier s notice, the Purchaser shall evaluate the situation and may, at its discretion, extend the Supplier s time for performance with or without penalty, in which case the extension shall be ratified by the parties by amendment of the Contract. 16. The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the Supplier, terminate the Contract in whole or part:

9 (i) If the Supplier fails to deliver any or all of the Goods within the period(s) specified in the order, or within any extension thereof granted by the Purchaser pursuant to GCC Clause 22; or (ii) If the Supplier fails to perform any other obligation(s) under the Contract. (iii) If the Supplier, in the judgment of the Purchaser has engaged in corrupt or fraudulent practices in competing for or in executing the Contract Notwithstanding the provisions of GCC Clauses 16, 17, and 18, the Supplier shall not be liable for forfeiture of its performance security, liquidated damages or termination for default, if and to the extent that, its delay 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 beyond the control of the Supplier and not involving the Supplier's fault or negligence and not foreseeable. Such events may include, but are not limited to, acts of the Purchaser either in its sovereign or contractual capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of such conditions and the cause thereof. Unless otherwise directed by the Purchaser 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 for performance not prevented by the Force Majeure event The Purchaser and the supplier shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract If, after fifteen (15) days from the commencement of such informal negotiations, the Purchaser and the Supplier have been unable to resolve amicably a Contract dispute, either party may require that the dispute be referred for resolution to the formal mechanisms. 19. Suppliers shall be entirely responsible for all taxes, duties, license fees, octroi, road permits, etc.as well as any costs associated with the installation, testing and commissioning of the Desktop Computers. 20. Penalty: The applicable rate for penalty is 1 % per week delay and maximum deduction is 10% of the contract value, if the delay is more than three months the contract is likely to be terminated.

10 21. Performance Bank Guarantee The applicant who has been awarded the contract (successful bidder) shall furnish a performance bank guarantee to the tune of 5% of the value of the contract in the form of bank guarantee or FD receipt in the name of Registrar of Trade Marks, payable at Mumbai which should be valid for a period of sixty days beyond the completion of all contractual obligations of the applicant including warranty. Performance security shall be forfeited and credited to the Government account in the event of breach of contractual obligation by the applicant. 22. Jurisdiction The disputes, if any, arising between the successful bidder and CGPDTM shall be resolved amicably, failing which shall be referred to an Arbitrator, mutually acceptable to both parties, appointed by the CGPDTM as per the Arbitration and Conciliation Act, Alternatively, this shall be subject to the exclusive jurisdiction of courts at Mumbai. 23. Tender fee In addition to the documents as listed in the Notice Inviting Tenders (NIT), the bidders downloading the Tender documents from the Website are required to deposit the requisite tender fee of Rs. 2000/- (Non-refundable) by way of a D.D. in favour of Registrar of Trade Marks, drawn from any nationalized or approved scheduled bank and payable at M u m b a i and the same shall be enclosed in Envelope-I along with other documents.

11 TERMS AND CONDITIONS 1. The bidder should have the following qualifications for bidding: a. Shall be registered in India b. Shall have OEM presence in India or channel partners / service providers, authorised distributors / dealers / resellers c. Shall have been in existence for not less than five years. d. Shall be having sufficient experience and expertise in the relevant field e. Shall have experience of supplying orders for Govt. Deptt./ PSU etc. for more than 3 years f. Shall have PAN/TAN number, Sales tax registration, VAT registration g. Should not be blacklisted by any Ministry/ Department of the Government of India or any PSU or any other organization. h. Should have minimum annual turnover of Rs10 Crore for each of the last three years i. Should have authorized service centers in Mumbai. 2. Delivery Schedule: The Successful Bidder shall be able to deliver the required items within a period of 15 days of placing order (on F.O.R. delivery basis) Delivery/Installation is to be done at the following address- S. No. Office Address Quantity TRADE MARKS REGISTRY TRADE MARKS REGISTRY, BOUDHIK SAMPADA BHAWAN S.M. ROAD, ANTOP HILL MUMBAI Warranty : All the products must carry On Site Warranty as per technical specifications 4. Quality : The products asked for should be of very high standard and of reputed company with authorized service centers in Mumbai 5. Liquidated Damages : The Successful bidder shall be liable to indemnify the CGPDTM in all respects and meet and pay off the litigation expenses and all the liabilities including damages,

12 sums etc. arising out of and as a consequence of the negligence, deficiencies, mistakes, lapses, delays etc. in the execution of the various jobs and the services provided. 6. Responsiveness : The Successful bidder should ensure quick back up response in case of equipment failure which should be replaced if needed within 24 hours of the distress call. 7. Payment: There is no provision for making advance payment to the Successful bidder. 8. Purchase Order: The purchase order for the entire quantity can be placed either in one lump sum or as per the requirement through repeat order. The quantity shown is tentative and may increase or decrease.

13 Annexure 1. A. PROFORMA FOR TECHNICAL BID Description 1 Name of the Firm & Owner : Information (With Tel., Mob. Nos. and ) 2 Details of the authorized Contact Person -Name Address, Tel., Mob. Nos. and 3 Type of Organization (Proprietorship/Partnership/Pvt. Ltd Limited Company, etc.) 4 Website of Tenderer Firm, if any 5 Month/Year of Establishment 6 PAN/Sales Tax/VAT Regd. Nos. 7 Annual Turnover Brand being offered/oem 9 Details of technical staff with the tenderer 10 Details of Services centers including Address, , Contact no. etc. in Mumbai. 11 Clientage (submit copies) 12 Details of Earnest Money 13 Delivery Schedule 14 Other Details, if any Date Signature of Owner/Authorized Representative

14 Annexure 1. B. PROFORMA FOR FINANCIAL BID S. No. Item Quantity Price per Unit (Rs) [Inclusive of all taxes] Desktop Computers 100 Total (Rs) Date Signature of Owner/Authorized Representative

15 Annexure 2. Acceptance letter I/We give un-conditional acceptance of the Tender conditions as given below: Sl. No. Description Values/Description to be applicable for relevant clause(s) i) Name of work SUPPLY OF DESKTOP COMPUTERS AT THE TRADE MARKS REGISTRY AT THE BOUDHIK SAMPADA BHAWAN, S.M. ROAD, ANTOP Hill ii) Client/Owner CGPDTM iii) Type of Tender Item Rate iv) Earnest Money Deposit/security Deposit Rs. 1,00,000/- (Rupees One Lakh only) v) Time for supply 15 days from issue of letter/fax/ of intent of acceptance of tender. vi) Mobilization Advance Not applicable vii) Interest Rate on mobilization advance Not applicable viii) Validity of Tender 90 (Ninety) days ix) Performance Guarantee 5% (Five Percent only) of contract value within 30 days after signing of contract agreement in the form of account payee demand draft or bank guarantee or FD which should be valid for a period of sixty days beyond the completion of all contractual obligations of the applicant including warranty. xi) Warranty period The product must carry On Site Warranty of 3 years Signature of the tenderer/representative

16 Annexure- 3 Undertaking by the Tenderer (a) I/We agree to abide by and fulfill all terms and conditions referred to above and as contained in tender documents elsewhere and in default thereof, to forfeit and pay to CGPDTM, or its successors or its authorized nominees such sums of money as are stipulated in the notice inviting tenders and tender documents. (b) I/We hereby pay the earnest money of amount as mentioned in the Memorandum to this Form of Tender in favour of Registrar of Trade Marks payable at Mumbai. (c) If I/We fail to supply the item within 15 days of the date of issue of Letter of Intent and/or I/we fail to sign the agreement as per contract and/or I/we fail to submit performance guarantee as per contract, I/we agree that CGPDTM, shall, without prejudice to any other right or remedy, be at liberty to cancel the Letter of Intent and to forfeit the said earnest money as specified above. (d) I/we are also enclosing herewith the Acceptance letter on the prescribed Proforma as referred to in condition of NIT as Annexure- A Dated the day of SIGNATURE OF TENDERER NAME (CAPITAL LETTERS) : ADDRESS : SEAL OF TENDERER SIGNATURE OF WITNESS WITH THEIR NAMES IN CAPITAL LETTER OCCUPATION