F. 16-05/2015 Pub (PW) Tender No.. Date.. Sri Aurobindo Marg, New Delhi 110016 TENDER DOCUMENT Procurement of Art Card (2016-2017) CONTENTS SECTION I : INVITATION FOR BIDS 2 SECTION II : INSTRUCTIONS / INFORMATIONS TO BIDDERS 4 SECTION III : BIDDING DATA SHEET 17 SECTION IV : QUALIFICATION CRITERIA 18 SECTION V : SCHEDULE OF REQUIREMENTS AND SPECIFICATIONS 19 SECTION VI : BID SUBMISSION FORM AND PRICE SCHEDULE 21 SECTION VII : CONDITIONS OF CONTRACT 24 SECTION VIII : CONTRACT FORM 33 SECTION IX-A : FORMAT OF BANK GUARANTEE FOR EARNEST 35 and B MONEY DEPOSIT AND PERFORMANCE SECURITY 36 SECTION X : NOTIFICATION OF AWARD 38 1
NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING Sri Aurobindo Marg, New Delhi 110 016 SECTION I INVITATION FOR BIDS Dated 10.12.2015 Table 1 Sl. No. 01. The National Council of Educational Research and Training (NCERT), New Delhi invites sealed bids from eligible bidders for the supply of the Goods specified in Table 1: 1 2 3 4 5 6 Description of goods Quantity of Goods 1. Art Card in sheets of 220 GSM conforming to BIS specifications 4658/1988 with latest amendments. Other specifications as per Section V Amount of Earnest Money in Rs Annual Production Capacity of Manufacturer in required variety Minimum Quantity for bid 570 MTs Rs 8,32,200/- 4,500 MTs 570 MTs 02. The last date for receipt of Bids is 05 th January, 2016 till 1.00 p.m. Technical Bids will be opened on same day at 3.00 p.m. 03. Interested eligible bidders may obtain further information in respect of the Bidding Documents from Head, Publication Division, Ambedkar Khand, NCERT, Sri Aurobindo Marg, New Delhi - 110016 04. A complete set of Bidding Documents may be obtained by any interested eligible Bidders from the Administrative officer, Publication Division, at the address given above from 10.00 hours to 13.00 hours and 14.00 hours to 16.30 hours on all working days from 10 th December, 2015 till a day prior to the last date of receipt of the Bid indicated above, on submission of a written application to the above and upon payment of a non-refundable fee of Rs.500/- (five hundred only) in cash or in the form of demand draft in favour of Publication Division, NCERT, payable at New Delhi. 05. All Bids from Bidders must be accompanied by Earnest Money for the amount mentioned in the Table 1 above and must be delivered to the above office on or before the last date and time of receipt of Bid mentioned in Para 02 above. 06. Technical Bids will be opened in the presence of Bidders' representatives who choose to attend the bid opening at the date, time and address mentioned above.. 07. A Pre-bid meeting will be held on 22nd December, 2015 at 15.00 hours in the room of the Head, Publication Division, NCERT in order to provide the bidders an opportunity to seek clarifications on all aspects of the Bidding Documents. 2
08. If the Bidding Document is delivered by hand, it will be the responsibility of the bidders to ensure that the completed Bidding Document is dropped in the sealed tender box available with the Head, Publication Division, NCERT. Alternatively, the bidding documents may be sent by registered post or by speed post to the Head, Publication Division, NCERT, Sri Aurobindo Marg, New Delhi 110 016 by the time and date stipulated for receipt of Bids. Any delay even postal delay in receipt of Bids would be considered late submission of Bid and rejected. Mere handing over of the Bidding Documents at the Reception Counter or at any other counter or room or person shall not be considered submission of Bid. 09. The Purchaser will allow the Purchase Preference to Public Sector Undertakings in accordance with the Govt. of India directions in force. 10. Bid Documents can also be downloaded from the NCERT website: www.ncert.nic.in (Head) Publication Division 3
SECTION II INSTRUCTIONS / INFORMATIONS TO BIDDERS TABLE OF CLAUSES Clause Number Topic Page Number A. INTRODUCTION 6 01 Scope of Bid 02 Budget Provision 03 Eligible Bidders 04 Eligible Goods and Services 05 Cost of Bidding B. BIDDING DOCUMENTS 6 06 Sections of Bidding Documents 07 Pre-bid meeting 08 Amendment of Bidding Documents C. PREPARATION OF BIDS 8 09 Language of Bid 10 Documents Comprising the Bid 11 Bid Submission Form 12 Bid Prices 13 Bid Currencies 14 Documents establishing Bidder's Eligibility and Qualifications 15 Documents establishing Goods Eligibility and Conformity to Bidding Documents 16 Earnest Money 17 Period of Validity of Bids 18 Format and Signing of Bid D. SUBMISSION OF BIDS 11 19 Sealing and Marking of Bids 20 Deadline for Submission of Bids 21 Late Bids E. OPENING AND EVALUATION OF BIDS 13 22 Opening of Bids by the Purchaser 23 Clarification of Bids and Contacting the Purchaser 24 Responsiveness of Bids 25 Correction of Errors 26 Preferences 4
F. AWARD OF CONTRACT 15 27 Award Criteria 28 Purchaser's Right to Vary Quantities 29 Purchaser's Right to Accept any Bid and to Reject any or all Bids 30 Notification of Award 31 Signing of Contract 32 Performance Security 33 Fraudulent and Corrupt Practices 5
SECTION II INSTRUCTIONS / INFORMATIONS TO BIDDERS A. INTRODUCTION 01. Scope of Bid 01.01 National Council of Educational Research and Training (NCERT), Sri Aurobindo Marg, New Delhi 110016, hereinafter referred to as the Purchaser, issues these Bidding Documents for the supply of Goods and Related Services incidental thereto as specified in Section V, Schedule of Requirements and Specifications. 01.02 Throughout these Bidding Documents: (a) the term in writing means communicated in written form by mail or fax with proof of receipt; (b) if the context so requires, singular means plural and vice versa; and (c) day means calendar day. 02. Budget Provision 02.01 The Purchaser has the budget provision for purchase of the intended goods for which the Invitation for Bid is issued. 03. Eligible Bidders 03.01 This Invitation for Bids is open to all the eligible manufacturers as per Qualification Criteria given in Section IV. 04. Eligible Goods and Services 04.01 All goods and ancillary services to be supplied under the contract shall have their origin in India and all expenditures made under the contract will be limited to such goods and services. 05. Cost of Bidding 05.01 The Bidder shall bear all costs associated with the preparation and submission of his/her Bid, and the Purchaser, will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. B. BIDDING DOCUMENTS 06. Sections of the Bidding Documents 06.01 The Bidding Documents consist of Parts 1, 2, and 3, which include all the Sections indicated below, and should be read in conjunction with any addendum issued in accordance with Clause 8. 6
Part 1: Bidding Procedures Section I. Invitation for Bids Section II. Instructions / Information to Bidders Section III. Bidding Data Sheet Section IV. Qualification Criteria Section V. Schedule of Requirements and Specifications Part 2: Supply Requirements Section VI. Bid Submission Form and Price Schedule. Part 3: Contract Section VII Conditions of Contract Section VIII Contract Form Section IX (a) Bank Guarantee Form for Earnest Money (b) Bank Guarantee Form for Performance Security 06.02 The Purchaser is not responsible for the completeness of the Bidding Documents and their addendum, if they were not obtained directly from the Purchaser. 06.03 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents. Failure to furnish all information or documentation required by the Bidding Documents may result in the rejection of the bid. 07. Pre-bid meeting 07.01 A prospective Bidder requiring any clarification of the Bidding Documents may notify the Purchaser in writing or by fax at the Purchaser's mailing address indicated in the Bidding Data Sheet. All requests for clarification received by the Purchaser 15 days prior to the deadline for submission of bids will be clarified in a pre-bid meeting scheduled to be held as per details in the Bidding Data Sheet. 08. Amendment of Bidding Documents 08.01 At any time prior to the deadline for submission of Bids, the Purchaser may amend the Bidding Documents by issuing an addendum. 08.02 The amendment will be notified in writing or by fax to all Prospective Bidders who have directly purchased the Bidding Documents, and will also be displayed on the website of the Purchaser. The amendment will be binding on all the Bidders. 08.03 In order to afford Prospective Bidders reasonable time in which to take the amendment into account in preparing their Bid, the Purchaser may, at its discretion, extend the deadline for the submission of Bids. 7
C. PREPARATION OF BIDS 09. Language of Bid 09.01 The Bid prepared by the Bidder, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Purchaser, shall be written in English or Hindi language, provided that any printed literature furnished by the Bidder may be in another language so long as it is accompanied by an accurate translation in English/Hindi of its pertinent passages. 10. Documents Comprising the Bid 10.01 The Bid submitted by the Bidder shall be in two separate parts: Part I : This shall be named Technical Bid and shall consist of: I. In the case of Bidding Documents downloaded from the website, a demand draft in favour of the Publication Division, NCERT payable at New Delhi for Rs. 500/- as the cost of the Bidding Documents. This shall be placed in a separate cover and marked Cost of Bidding Document downloaded from the internet ; II. III. IV. Earnest Money in a separate cover marked Earnest Money ; Quantity offered for supply should also be indicated. Documentary evidence established in accordance with Clause 14 that the Bidder is eligible to Bid and is qualified to perform the contract if his/her bid is accepted; Documentary evidence established in accordance with Clause 15.01 that the goods supplied and ancillary services to be provided by the Bidder are prescribed goods and services and conform to the Bidding Documents; V. Written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with Clause 18.02; VI. Undertaking that the Bid shall remain valid for the period specified in Clause 17.01; VII. VIII. An affidavit affirming that information s he/she has furnished in the Bidding Document are correct to the best of his/her knowledge and belief. A certificate of the quantity of goods that the Bidder will supply which must be equal to or more than the minimum prescribed quantity in Table I, Section I. IX. Such other information as may be specified in the Bidding Data Sheet. Part II: This shall be named Financial Bid and shall consist of: (i) (ii) Price Bid of quantities for items specified in Schedule of Requirements and Specifications in Section V; Bid Submission Form and Price Schedule in Section VI; 8
10.02 Each part shall be separately sealed and marked in accordance with Sealing and Marking Instructions in Clause 19. 10.03 The following documents, not submitted with the Bid will be deemed to be part of the Bid. Section Section I Section II Section III Section IV Section V Section VII Section VIII. Particulars Invitation for Bids Instructions / Information s to Bidders Bidding Data Sheet Qualification Criteria Schedule of Requirements and specifications Conditions of Contract Contract form 11. Bid Submission Form 11.01 The Bidder shall complete and submit the Bid Submission Form and Price Schedule by using the form furnished in Section VI. These forms must be completed without any alteration to its format, and no substitute shall be accepted. All blank spaces shall be filled in with the information requested. 12. Bid Prices 12.01 The Bidder shall indicate on the Bid Submission Form and Price Schedule the Unit Price and Total Bid Price of the goods he/she proposes to supply under the Contract. 12.02 Prices indicated on the Price Schedule shall be entered separately taking into account Clauses 12.03 in respect of the Basic Rate, Excise Duty, Cess, CST/Vat, Freight, including loading and unloading cost and any other charges (e.g., Insurance), and the Total Unit Price. 12.03 The Purchaser shall provide to the Supplier Form 'C' for Central Sales Tax. 12.04 Bid Prices will not be adjusted for any unconditional or conditional discount offered by the Bidder. 12.05. Prices quoted by the Bidder shall remain fixed during the Bidder's performance of the contract and not be subject to variation on any account. A Bid submitted with an adjustable price quotation will be treated as non-responsive and rejected. 13. Bid Currencies 13.01 Prices shall be quoted in Indian Rupees only. 9
14. Documents Establishing Bidder's Eligibility and Qualifications 14.01 The Bidder shall complete the Bid Submission Form, included in Section VI. 14.02 The Bidder shall provide documentary evidence of his/her eligibility and qualifications to perform the contract (to the Purchaser's satisfaction) if his/her Bid is accepted, as per the Qualification Criteria specified in Section IV. 15. Documents Establishing Goods' Eligibility and Conformity to Bidding Documents 15.01 To establish conformity of the Goods to the Bidding Documents, the Bidder shall furnish as part of his/her Bid documentary evidence that the Goods conform to the technical specifications and standards specified in Section V, Schedule of Requirements & Specifications. 16. Earnest Money 16.01 Pursuant to Clause 10, the bidder shall furnish, as part of his/her bid, Earnest Money in the amount specified in the Bidding Data Sheet. 16.02 The Earnest Money is required to protect the Purchaser against the risk of bidder's conduct which would warrant forfeiture of Earnest Money, Pursuant to Clause 16.07. 16.03 The Earnest Money shall be in one of the following forms: (a) Demand Draft in favour of the Publication Division, NCERT, payable at New Delhi; (b) Bank Guarantee in the prescribed proforma given in Section IX (A) issued by any Scheduled Bank valid for a period of 60 days beyond the Bid Validity Period i.e. valid for 150 days. (c) Deposit Receipt of any Scheduled Bank drawn in favour of the Purchaser, and payable at New Delhi valid for a period of 60 days beyond the Bid Validity Period i.e. valid for 150 days. 16.04 Any bid from a Bidder not secured in accordance with Clauses 16.01 and 16.03 above will be summarily rejected by the Purchaser as non-responsive, pursuant to Clause 24. 16.05 The Earnest Money of unsuccessful bidders will be discharged/returned as promptly as possible after the expiration of the period of Bid Validity prescribed by the Purchaser, pursuant to Clause 16 but not later than 30 days of the award of contract to the successful Bidder. 16.06 The successful Bidder's Earnest Money will be discharged upon the Bidder signing the contract, pursuant to Clause 31, and furnishing the Performance Security, pursuant to Clause 32. 16.07 Earnest Money shall be forfeited: (a) if a Bidder withdraws his/her Bid or does not accept the correction of errors pursuant to Clause 25.02 during the period of Bid validity specified by the Bidder on the Bid form; or 10
(b) in case of the successful Bidder, if the Bidder fails: (i) to sign the contract in accordance with Clause 31; or (ii) to furnish Performance Security in accordance with Clause 32. 16.08 Public Sector Enterprises will be exempted from depositing Earnest Money as per Government norms, if any. 17. Period of Validity of Bids 17.01 Bids shall remain valid for 90 days as specified in the Bidding Data Sheet after the date of bid opening prescribed by the Purchaser, pursuant to Clause 22. Any Bid valid for a shorter period than the period specified shall be rejected by the Purchaser as non-responsive. 17.02 In exceptional circumstances, the Purchaser may solicit the Bidder's consent to an extension of the period of Bid validity. The request and the responses thereto shall be made in writing or by fax. The Earnest Money provided under Clause 16 shall also be suitably extended in such case. A Bidder may refuse the request without forfeiting its Earnest Money. A Bidder accepting the request for extension of bid validity will neither be required nor permitted to modify his/her Bid. 18. Format and Signing of Bid 18.01 The Bidder shall submit one copy of the Bid. 18.02 The bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the contract. The letter of authorization shall be indicated by written power-of-attorney accompanying the Bid. All pages of the Bid, except for un-amended printed literature, shall be initialed by the person or persons signing the Bid. 18.03 The Bid shall not contain any interlineations, erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the persons or persons signing the Bid. D. SUBMISSION OF BIDS 19. Sealing and Marking of Bids 19.01 The Bidder shall place the two separate envelopes (called inner envelopes) marked Technical Bid and Financial Bid in one outer envelope super in scribed as Tender for procurement of paper. The inner envelopes will have markings as follows: Technical Bid: To be opened on 05 th January, 2016 at 3:00 pm as specified in the Bidding Data Sheet. Financial Bid: Not to be opened except with the approval of the Purchaser. The contents of the Technical and Financial Bids shall be as specified in Clause 10. 11
19.02 The inner and outer envelopes containing the Technical and Financial Bids shall be: (a) addressed to the Purchaser at the address specified in the Clause 7.01 Bidding Data Sheet (Section III) (b) The financial bid will not be opened till finalization/evaluation of Technical Bid. 19.03 The inner envelopes shall also indicate the name and address of the Bidder to enable the bid to be returned unopened in case it is declared "late". 19.04 If the outer envelope is not sealed and marked as required by Clause 19.01, the Purchaser will assume no responsibility for the Bid's misplacement or premature opening. 20. Deadline for Submission of Bids 20.01 Bids must be received by the Purchaser at the address specified under Clause 7.01 under Sec. III no later than the time and date specified in the Bidding Data Sheet. In the event of the specified date for the submission of Bids being declared a holiday for the Purchaser, the Bids will be received up to the appointed time on the next working day. 20.02 The Purchaser may, at its discretion, extend this deadline for submission of Bids by amending the Bid Documents in accordance with Clause 08, in which case all rights and obligations of the Purchaser and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended. 20.03 It shall be the responsibility of the Bidders to ensure that the completed Bidding Document is dropped in the sealed tender box available with the Head, Publication Division, NCERT, if the Bid is to be delivered by hand. Out station Bidders may however, send their Bids by registered post or by speed post to the Head, Publication Division, NCERT, Sri Aurobindo Marg, New Delhi 110 016 by the time and date stipulated for receipt of Bids. Any delay, even postal delay in the receipt of Bids would be considered late submission of Bid and the Bid would be rejected. Mere handing over of the Bidding Documents at the Reception Counter or at any other counter or room or person shall not be considered as submission of Bid. 21. Late Bids 21.01 Any Bid received by the Purchaser after the deadline for submission of Bids prescribed by the Purchaser, pursuant to Clause 20, will be rejected and/or returned unopened to the Bidder. 12
E. OPENING AND EVALUATION OF BIDS 22. Opening of Bids by the Purchaser 22.01 The Purchaser will open the Bids received (except those received late) in the presence of the Bidders/bidders representatives who choose to attend at the time, date and place specified in the Bidding Data Sheet. In the event of the specified date for the submission of Bids being declared a holiday for the Purchaser, the Bids will be opened at the appointed time and location on the next working day. 22.02 The envelope containing the Technical Bid shall be opened. The inner envelope marked Cost of Bidding Document downloaded from the Internet will be opened first, and if the Demand Draft for the cost of the Bidding Documents is not there, or incomplete, the remaining Bid Documents will not be opened, and Bid will be rejected. 22.03 In all cases, the amount of Earnest Money and validity shall be announced. Thereafter, the Bidders names and such other details as the Purchaser may consider appropriate, will be announced by the Purchaser. 22.04 The Purchaser will prepare minutes of the Bid Opening, including the information disclosed to those present in the meeting in accordance with Clause 22.1. 22.05 The evaluation of Technical Bids will be commenced within three or four days after the opening of the Technical Bids. Evaluation will be made with respect to Earnest Money, Qualification Criteria and other information furnished in Part I of the Bid in pursuant to Clause 12.01. On the basis of such evaluation a list of the responsive Bids will be drawn up. The Financial Bids of only those Bidders who qualify in the evaluation of the Technical Bids will be considered. 22.06 The Purchaser shall inform the Bidders, whose Technical Bids are found responsive, of the date, time and place of opening of the Financial Bids. The Bidders so informed, or their representative(s), may attend the meeting of opening of Financial Bids. 22.07 At the time of the opening of the Financial Bid, the names of the Bidders whose Bids were found responsive in accordance with Clause 22.05 will be announced. The Financial Bids of only these Bidders will be opened. The remaining Bids will be returned unopened to the Bidders. The responsive Bidders names, the Bid prices, the total amount of each Bid, and such other details as the Purchaser may consider appropriate will be announced by the Purchaser at the time of Financial Bid opening. Any Bid Price which is not read out and recorded will not be taken into account in Bid Evaluation. 22.08 The Purchaser shall prepare the minutes of the opening of the Financial Bids. 23. Clarification of Bids and Contacting the Purchaser 23.01 To assist in the examination, evaluation and comparison of Bids, the Purchaser may, at its discretion, ask the Bidder for a clarification of his/her Bid. The request for clarification and the response shall be in writing. No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetical errors discovered by the Purchaser in the Evaluation of the Bids, in accordance with Clause 25. 13
23.02 No Bidder shall contact the Purchaser on any matter relating to his/her Bid from the time of the Bid opening to the time the contract is awarded. Any attempt by the Bidder to influence the Purchaser s Bid Evaluation, Bid Comparison or Contract Award decision may result in the rejection of his Bid. 24. Responsiveness of Bids 24.01 During the detailed evaluation of Technical Bids, the Purchaser shall determine whether each Bid (a) meets the eligibility criteria defined in Clauses 3 and 4; (b) has been properly signed; (c) is accompanied by the required securities; (d) meets the minimum quantity of Bid, and (e) is substantially responsive to the requirements of the Bidding Documents. During the detailed evaluation of the Financial Bids, the responsiveness of the Bids will be further determined with respect to the remaining Bid conditions, i.e., Schedule of Requirement and Specifications, Section V. 24.02 Bids without principal's original proforma invoice with the break-up of Price shall be treated as non-responsive and rejected. 24.03 A substantially responsive Financial Bid is one which conforms to all the terms, conditions, and specifications of the Bidding Documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality or performance of the Goods; (b) which limits in any substantial way, inconsistent with the Bidding Documents, the Purchaser s rights or the Bidder s obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting substantially responsive Bids. 24.04 If a Financial Bid is not substantially responsive, it will be rejected by the Purchaser, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation. 24.05 Provided that a Bid is substantially responsive, the Purchaser may waive any nonconformities or omissions in the Bid that do not constitute a material deviation. 24.06 Provided that a Bid is substantially responsive, the Purchaser may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Bid related to documentation requirements. Such omission shall not be related to any aspect of the price of the Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid. 24.07 The Purchaser's determination as to the substantial responsiveness or otherwise of each Bid or consideration of a minor informality or non-conformity or irregularity is final and conclusive. 25. Correction of Errors 25.01 Bids determined to be substantially responsive will be checked by the Purchaser for any arithmetic errors. Errors will be corrected by the Purchaser as follows: (a) where there is a discrepancy between the rates in figures and in words, the rate in words will govern; and 14
(b) where there is a discrepancy between the unit rate and the total cost resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern. 25.02 The amount stated in the Bid will be corrected by the Purchaser in accordance with the above procedure for removal of errors and shall be considered as binding upon the Bidder. If the Bidder does not accept the corrected amount, the Bid will be rejected, and the Earnest Money shall be forfeited in accordance with Sub-Clause 16.07(a). 26 Preferences 26.01 The Purchaser will allow the Purchase Preference to Public Sector Undertakings, in accordance with the Government of India directions in force. F. AWARD OF CONTRACT 27. Award Criteria 27.01 Subject to Clause 32, the Purchaser will award the contract to the successful Bidder whose Bid has been determined to be substantially responsive and has been determined as the lowest evaluated Bid and/or to the PSU whose rates fall under Purchase Preference rules of the Govt. of India. 28. Purchaser's Right to Vary Quantities 28.01 The Purchaser reserves the right to increase or decrease the quantity of goods by up to 25 (twenty five) percent from quantity originally specified in the Schedule of Requirements and Specification Section V. The increase in respect of the additional quantity will be as per Clause 28.01 & 28.02 of the Conditions of Contract. 28.02 The Purchaser also reserves the right to further increase 25% quantity in addition to Clause 28.01 above. The increase in respect of the additional quantity will be as per Clause 28.01 & 28.02 of the Conditions of Contract. 29. Purchaser's right to accept any Bid and to Reject any or all Bids 29.01 The Purchaser reserves the right to accept or reject any Bid, and to annul the bidding process and reject all Bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Purchaser's action. 30. Notification of Award 30.01 Prior to the expiration of the period of Bid Validity, the Purchaser will notify the successful Bidder in writing by registered letter AD or fax (fax to be confirmed in writing by registered letter A.D.), that his/her Bid has been accepted. 30.02 The notification of award will constitute the formation of the contract. 30.03 Upon the successful Bidder's furnishing of Performance Security pursuant to Clause 32, the Purchaser will promptly notify each unsuccessful Bidder and will discharge his/her Earnest Money, pursuant to Clause 16. 15
31. Signing of contract 31.01 At the same time as the Purchaser notifies the successful Bidder that his/her Bid has been accepted, the Purchaser will send the Bidder the contract form provided in Section VIII of the Bidding Documents, incorporating all agreements between the parties. 31.02 Within seven (7) days of receipt of the contract form, the successful Bidder shall sign and date the contract and return it to the Purchaser. 32. Performance Security 32.01 Within 7 (seven) days of the receipt of notification of award from the Purchaser, the successful Bidder shall furnish the Performance Security in accordance with Clause 6 of the Conditions of Contract, as per the form of Bank Guarantee for Performance Security provided in Section IX (B) for a period of 18 months from the date of award of contract. 32.02 Failure of the successful Bidder to comply with the requirement of Clause 31 or Clause 32 shall constitute sufficient grounds for annulment of the award and forfeiture of the Earnest Money, in which event the Purchaser may make the award to the next lowest Evaluated Bidder or call for new Bids. 33. Corrupt or Fraudulent Practices 33.01 The Purchaser requires the Bidders to strictly observe the laws against fraud and corruption in force in India, namely, Prevention of Corruption Act, 1988. 16
SECTION III BIDDING DATA SHEET (BDS) The following specific data for the goods to be procured shall complement, supplement, or amend the provisions in Section II, entitled Instructions to Bidders. Whenever there is a conflict, the provisions herein shall prevail over those in the Instruction to Bidders. Clause No. Items 07.01 Pre-bid meeting: Date: 22 nd December, 2015 Time: 03.00 p.m. Venue: Publication Division, NCERT The Purchaser s address: Head, Publication Division, NCERT, Ambedkar Khand Sri Aurobindo Marg, NEW DELHI 110 016 Telephone: 26852261, 26562707 Facsimile number: 26851070 16.01 The amount of Earnest Money : Description Art Card in sheets of 220 GSM conforming to BIS specifications 4658/1988 with latest amendments. Other specifications as per Section V Amount of EMD in Rs 8,32,200.00 17.01 The Bid validity period shall be 90 days after the date of Bid open 19.01 The date and time of opening the Technical bids are : Date : 05 th January, 2016 20.01 Deadline for submission of Bid : Date : 05 th January, 2016 Time : 3.00 p.m. Time : 1.00 p.m. 22.01 The bid opening shall take place at: Publication Division NCERT, Sri Aurobindo Marg, New Delhi 110 016 17
SECTION IV QUALIFICATION CRITERIA (Referred to in Clause 14.02 of ITB) 1. The bidder will be required to furnish along with the Bid a certificate from the Excise Division that his/her actual production during the year 2014-15 in respect of the item given below has been equal to or more than the production capacity mentioned against the item given below: Sl. No. Description of goods 1. Art Card in sheets of 220 GSM conforming to BIS specifications 4658/1988 with latest amendments. Other specifications as per Section V 2. Manufacturers of the goods are eligible to bid. Quantity of Goods Annual Production Capacity of paper Manufactured by the mill in required variety Minimum Quantity for bid 570 MTs 4,500 MTs 570 MTs 3. Any bidder/firm black-listed during last five years by the any Government Division will not be eligible for bidding. Mills are required to submit an affidavit to this effect. 18
SECTION V SCHEDULE OF REQUIREMENTS AND SPECIFICATIONS I. PAPER QUALITY AND PACKING All the varieties of paper listed in Section I should have the following qualities: Should be uniform in formation. Should be evenly finished Should be white in shade. The Art Card should be cut exactly at right angle All sheets of a Ream should be uniform in required size. The packing should be as per given norms (based on DGS&D) except the sheets in a Packet which should be as specified in the table of paper specifications below: II. Sl. No. PAPER SPECIFICATIONS Description with BIS specification Required Quantity In MTs Delivery schedule for supply of paper effective from the date of signing of Contract Required Sizes of paper in cms Sheets in a ream/ packet reel weight 1 2 3 4 5 6 1 Art Card in sheets 570 Ist lot of 200 MTs within 53.5 71 of 220 GSM 30 days of signing the conforming to BIS contract 48 71 specifications 4658/1988 with IInd lot of 200 MTs 48 61 latest amendments. within 60 days of signing 53.5 76 Other specifications the contract as per this Section. IIIrd lot of 170 MTs within 90 days of signing the contract 250 Sheets in each packet and 3 packets in a bundle of size 48x71 and 48x61. For remaining sizes, 2 packets in each bundle. The actual weight up to three digits in gram should be indicated on each packet III. DGS&D BASED PACKING NORMS GENERAL PACKING AND MARKING (1) The contractor shall pack at his cost the stores sufficiently and properly for transit by rail/road, air and/or sea as provided in the schedule so as to ensure the same on arrival at their destination being free from loss or damage. (2) Unless otherwise provided in the schedule all containers (including packing cases, boxes, tins, drums and wrappings) in which the stores are supplied by the contractor, shall be considered as non-returnable and their cost as having been included in the contract price. (3) If the schedule provides that the containers shall be returnable, they must be marked "returnable" and they will be returned to the contractor as per terms of the contract. (4) If the schedule provides that returnable containers shall be separately charged, they shall be invoiced by the contractor at the price specified in acceptance of tender. In such cases the contractor shall give full credit for the invoiced amount if the containers are returned to the contractor. Return of containers shall be made within a reasonable time and in the event of any dispute or difference arising as to whether the containers were so returned, the decision of the Secretary thereon shall be final and binding and the Secretary may in his discretion award such compensation as may in his opinion be proper for any undue delay in returning the containers. (5) Each bale or package delivered under the contract shall be marked by the contractor at his own expense. Such marking shall be distinct (all previous irrelevant marking being carefully obliterated) and shall clearly indicate the 19
description and quantity of the stores, the name and address of the consignee, the gross weight of the package and the name of the contractor with a distinctive number or mark sufficient for the purpose of identification. All marking shall be carried out with such material as may be found satisfactory by the Inspector as regards quickness of drying, fastness and indelibility. (6) The Inspector may reject the stores if the stores are not packed and/or marked as aforesaid and in case where the packing materials are separately prescribed, if such materials are not in accordance with the terms of the contract. Such rejection of the stores by the Inspector shall be final and binding on the contractor. (7) If the contractor fails to carry out or comply with any instructions issued to him by the Inspector before onward dispatch of the stores to the consignee within a reasonable time, the Inspector may himself carry out and comply with them at the cost and expense of the contractor, or reject the stores in terms of sub-clause 6 above. (8) Each bale or package shall contain a packing note specifying the name and address of the contractor, the number and date of the acceptance of tender or Supply Order and the designation of the Purchase Officer or Officer issuing the supply Order, the description of the stores and the quantity contained in such bale or package. ART CARD PACKING IN REAMS 1. The packing of Art Card shall be done so as to ensure the sheets and its edges are not damaged during handling in transportation and paper remains flat in reams, Folded sheets shall not be acceptable. 2. The No. of Art Card in a packet shall be 250 as per Section V. 3. The packets as determined above shall be wrapped with kraft paper of 100 GSM. The packet shall be suitably bound with tape of 1 cm width or pasted with kraft paper gum tape (IS : 4185/98) 5 cm wide at the joints. The strings/twine shall not be used for binding the packets. The packets shall then be made into bundles weighing up to 50 kg. (approx.) each and finally wrapped with good strength HDPE woven fabric (laminated) 110 GSM as per IS: 6899/97. OR The packets shall be wrapped with high quality Poly Coated Kraft Paper of 80 GSM and pasted using automatic heat gum pasting. The strings/twine shall not be used for binding the packets. The packets shall then be made in to bundles weighing up to 50 Kg (approx.) each and finally shrink-wrapped with good strength LDPE sheet of 100 GSM. Quantity of stores to be accounted on the basis of net weight of Art Card excluding weight of the packing/wrapping paper. Net wt. shall be mentioned on each bundle. Note: Provisions of amendment No.l which is regarding ECO Mark are not mandatory. IV. SAMPLE OF PAPER All tenderers are required to submit 75 A/4 size sample sheets duly signed and stamped by the Mill to a Government lab for testing. The Government lab will use 25 sheets for the purpose of its testing and submit its report in a sealed cover. The remaining 50 sheets duly authenticated, along with its test report be sealed in a separate envelope by the Government lab. The Government lab will test the sample sheets as per BIS specification of 4658/1988. The tenderers will submit the envelope of test report and authenticated 50 sheets duly sealed by the laboratory, at the time of submitting their bids/tender. Failure of sample in test will lead to rejection of bid. The testing charges will be borne by the tenderers. The NCERT reserves the right to get the samples retested, if so desire. V. DESTINATION OF SUPPLY 1. Delhi/Noida/Shahibabad/Gurgaon 2. Regional Prodution cum Distributer Centres: (a) Ahmedabad (b) Bengaluru (c) Kolkata (d) Guwahati 20
To, The Head Publication Division NCERT, Sri Aurobindo Marg, New Delhi 110 016 Sir/Madam, SECTION VI BID SUBMISSION FORM AND PRICE SCHEDULE (Referred to in Clause 14.02) Date... Having examined the Bidding Documents including Addenda Nos..., the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver..... as per the detailed break up given in the price schedule and in conformity with the said bidding documents for the sum of Rupees......... (Total bid amount including freight in words and figures) or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Bid. We undertake, if our bid is accepted, to deliver the goods in accordance with the delivery schedule specified in the Schedule of Requirements and Specifications. If our bid is accepted, we will obtain the guarantee of a bank in a sum equivalent to (*7%) (*seven percent) of the Contract Price for the due performance of the Contract, in the form prescribed by the Purchaser. We agree to abide by this Bid for the Bid validity period of 90 days from the date of opening of Technical Bid. It shall remain binding upon us and may be accepted at any time before the expiration of that period. We agree that the following documents are deemed to be the part of the Bid. Section Section I Section II Section III Section IV Section V Section VII Section VIII. Particulars Invitation for Bids Instructions/Informations to Bidders Bidding Data Sheet Qualification Criteria Schedule of Requirements and specifications Condition of Contract Contract form 21
Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us. We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely "Prevention of Corruption Act 1988". We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in bribery. We understand that you are not bound to accept the lowest or any bid you may receive. We attach here with an affidavit confirming that the information furnished in the Bid is correct to the best of our knowledge and belief. We clarify/confirm that we comply with the eligibility requirements as per Clause 3 and 4 of the bidding documents. Dated this...day of....2016 (Signature) Duly authorized to sign Bid for and on behalf of... 22
Sl. No. Reminder of Important Clauses Bid Submission form and Price Schedule (Clause No. 10.01 Part II) 1. The rates as quoted by the Bidder shall remain valid for acceptance for a period of 90 days from the date of opening of the Technical Bid. 2. Form C will be provided by the Publication Division, NCERT. Quality of Paper GSM Requirement (MTs) Minimum Quantity of Bid (MTs) Delivery schedule for supply of paper effective from the date of signing of Contract Quantity of paper offered for supply (Financial Bid) Tender No. Rate per MT (including Packing and all other charges) 1. 2. 3. 4. 5. 6. 7. 8. 1. Art Card in sheets of 220 GSM conforming to BIS specifications 4658/1988 with latest amendments. Other specifications as per Section V 220 570 570 Ist lot of 200 MTs within 30 days of signing the contract IInd lot of 200 MTs within 60 days of signing the contract IIIrd lot of 170 MTs within 90 days of signing the contract 570 MTs Basic Rate Excise Duty (as applicable) Cess & Ind. Cess Vat/CST Other Charges if any Freight: NIE Campus,New Delhi, NOIDA, Sahibabad and or Gurgaon CWC Godown Rs. Rs. Rs. Rs. Rs. Rs. Total Rs. (Rupees only) Total Cost of Paper offered for supply Rs. (Rupees only) Freight if supplied at RPDCs, Ahmedabad, Bengaluru, Kolkata, Guwahati: The lowest bidder should have to supply the required quantity of paper at RPDC, the freight charges will be paid on the basis of road freight charges available in DGS&D RC at the time of placing the order Date: Seal: Signature with Stamp of the Bidder (Authorized Signatory) 23
SECTION VII CONDITIONS OF CONTRACT INDEX 1. Definitions 2. Contract Documents 3. Entire Agreement 4. Specification and Standards 5. Patent Rights 6. Performance Security 7. Inspections and Tests 8. Packing and Documents 9. Delivery and Documents 10. Insurance 11. Incidental Services 12. Warranty 13. Terms of Payment 14. Prices 15. Contract Amendment 16. Assignment 17. Delays in the Supplier s Performance 18. Liquidated Damages 19. Termination for Default 20. Force Majeure 21. Termination of Insolvency 22. Termination of Convenience 23. Resolution of Disputes 24. Governing Language 25. Notices 26. Taxes and Duties 27. Adherence to specification 28. Additional/Reduce Order 24
SECTION VII CONDITIONS OF CONTRACT 01. Definitions 01.01 In this contract, the following terms shall be interpreted as indicated: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) "the contract" means the agreement entered into between the Purchaser and the Supplier, as recorded in the Contract Form signed by the parties, including all the attachments and appendices thereto and all documents incorporated by reference therein. Contract Documents means the documents listed in the Contract Agreement, including any amendments thereto. Contract Price means the price payable to the Supplier as specified in the Contract Agreement, subject to such additions and adjustments thereto or deductions there from, as may be made pursuant to the Contract. Day means calendar day. Completion means the fulfilment of supply of goods by the supplier in accordance with the terms and conditions set forth in the contract with a variation of 5% more or less than the size-wise, gsm-wise and lot-wise quantity offered in the contract COC means the Conditions of Contract. Goods means all of the commodities and/or other materials that the Supplier is required to supply to the Purchaser under the Contract. The Purchaser means the National Council of Educational Research and Training, New Delhiand includes its successor and assignees, "Related Services" and Services means services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services and other obligations of the Supplier covered under the contract; 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 Purchaser and is named as such in the Contract Agreement. 02 Contract Documents 02.01 Subject to the order of precedence set forth below, all documents forming the Contract (and all parts thereof) are intended to be co-relative, complementary, and mutually explanatory. The Contract Agreement shall be read as a whole. i. Contract Agreement ii. Conditions of Contract iii. Schedule of Requirements and Specifications 25
iv. Bid Submission Form and Price Schedule v. Instruction/ Informations to Bidders with BDS vi. Invitation for Bids vii. Bank Guarantee for Performance Security 03 Entire Agreement 03.01 The Contract constitutes the entire agreement between the Purchaser and the Supplier and supersedes all communications, negotiations and agreements (whether written or oral) of the parties with respect thereto made prior to the date of Contract. 03.02 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 authorized representative of each party thereto. 04. Specifications and Standards 04.01 The goods supplied under this contract shall conform to the standards mentioned in Section V, Schedule of Requirements and Specifications. 05. Patent Rights 05.01 The Supplier shall indemnify the Purchaser against all third-party claims of infringement of patent, trademark or industrial design rights arising from use of the Goods or any part thereof in the Purchaser's country. 06. Performance Security 06.01 Within 7 (seven) days after the purchaser's issue of the notification of award, the Supplier shall furnish Performance Security to the Purchaser for an amount of seven percent of the contract value, valid for a period of 18 months from the date of award of contract. 06.02 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 his/her obligations under the contract. 06.03 The Performance Security shall be denominated in Indian Rupees and shall be in the form of a Bank Guarantee in the prescribed proforma given in Section IX-B issued by any of the Scheduled Bank. 06.04 In the event of any contract amendment, the Supplier shall, within 21 (twenty one) days of such amendment, furnish the amendment to the Performance Security, rendering the same valid for the contract, as amended. 26
07. Inspections and Tests 07.01 Inspection and testing will be conducted by DGS&D as per the specifications and special test details indicated in Section V Schedule of Requirement & Specification. It will be the responsibility of supplier to arrange the DGS&D inspection within the scheduled time and paying the inspection charges to them, which will be reimbursed by the purchaser on submission of bills along with proof.the inspection call should be given to DGS&D as per their norms so that material could be supplied as per schedule. The copy of call letter duly authenticated by the DGS&D may also be forwarded to NCERT. Any delay in conducting the inspection by the DGS&D may be informed through DGS&D to NCERT well before the scheduled date. 07.02 In case of any problem reported by Printer, a joint inspection will be done by NCERT officials, mill s representative and a representative of the concerned printer at the printer premises. In the event of any fault detected, the entire lot of paper supplied to the printer will be lifted by the NCERT and stored at NCERT store at mill s cost which includes cost of paper, transportation charges and any other charges that has to be borne by NCERT alongwith penalty of 10% on that specific quantity of paper. This rejected paper will be returned back to the Mill only after completion of supply of entire quantity of goods as per order. The transportation cost for transferring the lot to mill will also be borne by the concerned mill. The paper will have to be transported by the respective mill within 5 days of getting the information of the same from NCERT failing which NCERT may impose 20% fine of the cost of paper for storage. 07.03 The inspections and tests may be conducted in the premises of the Supplier at point of delivery and/or at the final destination of the goods. If conducted on the premises of the Supplier, all reasonable facilities and assistance, shall be furnished to the Inspectors at no charge to the Purchaser. 07.04 Should any inspected or tested Goods fail to conform to the specifications, the Purchaser may reject them and the Supplier shall either replace the rejected goods or make all alterations necessary to meet specification requirements free of cost to the Purchaser, within a period of 10 (Ten)days of intimating such rejection. 07.05 The Purchaser s right to inspect, test and where necessary, reject the Goods after the Goods arrival at the final destination shall in no way be limited or waived by reason of the Goods having previously been inspected, tested and passed by the Purchaser or its representative prior to the Goods dispatch from the place of manufacture. 07.06 Nothing shall in any way release the Supplier from any warranty or other obligations under this contract/order. 07.07 The Purchaser reserves the right to inspect the premises of the Supplier where the paper is being manufactured. 08. Packing and Documents 08.01 The packing of paper should be as per specification laid down in Section V. Other specifications as per DGS&D based norms in section V. 08.02 The packing, marking and documentation within and outside the packages shall comply strictly with such special requirements as shall be provided for in the contract and subject to clause 08.01, or any subsequent instructions ordered by the purchaser. 09. Delivery and Documents 09.01 Delivery of the Goods shall be made by the Supplier in accordance with the terms specified by the Purchaser in the Notification of Award. 27