S.No. …………………. Cost of Tender Document Rs.500/- F.No.3-45/2015-16/S&S NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING (S&S Section) Tender Document for supply of potable water for the use in NCERT including NIE Guest House Sri Aurobindo Marg New Delhi - 110016 1 F.No. 3-45/2015-16/S&S National Council of Educational Research & Training Sri Aurobindo Marg, New Delhi (S&S SECTION) TENDER NOTICE The NCERT, New Delhi invites sealed tenders under two bid systems (Technical Bid and Financial Bid) from original manufactures and authorized dealers of Bisleri/Foster/Kinley/Kingfisher/Aquafina for the supply of ISI mark potable water for the use in NCERT Hq including NIE Guest House. Interested parties may obtain the tender documents from the office of the Sr. Stores Officer, S&S Section of Central Store, Workshop Building, NCERT, Sri Aurobindo Marg, New Delhi – 110016 on any working day on payment of Rs.500/- as cost of tender documents. The tenders will be received till 2.30 p.m. up to 27.05.2016 and the same shall be opened on at 3.30 p.m on 27.05.2016 . in the presence of intended parties/their representatives who may like to be present at that time. Details of tender documents with complete terms and conditions are also available on NCERT Website: www.ncert.co.in. (J.P. Bhulania) Sr. Stores Officer, NCERT Tele: : 011-26534138 2 National Council of Educational Research & Training Sri Aurobindo Marg, New Delhi – 110016 Cost of Tender Form Rs.5,00/-(Rupees five hundred only) TENDER DOCUMENT FOR supply of ISI mark potable drinking water Bisleri/Foster/Kinley/Kingfisher/Aquafina for the use in NCERT, Sri Aurobindo Marg, New Delhi - 110016 Tender No. 3-45/2015-16/S&S Last date of receipt of Tenders: 27.05.2016 upto 2.30 p.m. Date & Time for Opening Tenders: 27.05.2016 at 3.00 p.m. 1. INVITATION OF BIDS 1.1. National Council of Educational Research & Training (NCERT), Sri Aurobindo Marg, New Delhi - 110016 invites sealed tenders from reputed manufactures of ISI mark water bottles of Bisleri/Foster/Kinley/Kingfisher/Aquafina make only or their authorized dealers having minimum two years experience in the field of supply of potable water & with minimum annual turnover of Rs.20.00 lakh. However, the contract will be for a period of one year from the date of award of letter. However, the same can be terminated during the contract period, if the quality of water is not found upto satisfactory. 1.2. The bidders are required to accept all terms & conditions mentioned in the Tender Document. NCERT reserves the right to reject any or all offers without assigning any reason thereof. 1.3. It is the responsibility of the bidders to read all terms & conditions of the Tender Document before filling the tender. Incomplete Tender Documents or bids are liable to be rejected. Tenders received after the due date and time will not be entertained. 2. EARNEST MONEY DEPOSIT. Offer for supply of potable ISI mark water of Bisleri/ Foster/Kinley/Kingfisher/Aquafina brand/make to NCERT Hq, Sri Aurobindo Marg, New Delhi-110016must be accompanied by a Bank draft of the Nationalized /Schedule Bank for Rs.25,000/- (Rupees Twenty five thousand only) drawn in favour of Secretary, NCERT, payable at New Delhi as Earnest Money, which will be refundable in due course to the unsuccessful bidder without any interest. 3 PLEASE NOTE THAT OFFERS NOT ACCOMPANINED BY THE REQUIRED EMD WILL BE DECLEARED REJECTED. Offer submitted with in-complete information will not be considered. The Earnest Money of the successful bidder is liable to be forfeited if the bidder does not fulfill the following terms and conditions: i) The successful bidder shall start supply ISI mark of potable water of Bisleri/Foster/Kinley/Kingfisher/Aquafina make for the use in NCERT, Sri Aurobindo Marg, New Delhi within 10 days from the date of receipt of purchase order for the supply of potable drinking water.. ii) Successful bidder has to deposit Security Money within the stipulated period, which will be valid for a period of sixty days beyond the date of completion of all contractual obligations including warranty/guarantee obligations. Thereafter, the earnest money of the successful bidder will be refundable after completion of the above mentioned formalities, without any interest thereon. 3. SCHEDULES OF TENDER 3.1 The Tender Document will be available for sale between 11 a.m. to 3 p.m. on all working days from the date publications of the tender upto 25.05.2016. The intended bidders may purchase the same from Sr. Stores Officer, S&S Section of National Council of Educational Research & Training, Sri Aurobindo Marg, New Delhi - 110016 by making payment of Rs.500/(Rupees Five hundred only) in cash or through A/C Payee Dement Draft/ Pay Order drawn in favour of Secretary, NCERT. 3.2. Technical & Financial bids shall be received up to 27.05.2016 by 2.30 p.m. The technical bids will be opened on 27.05.2016 at 3.00 p.m. 3.3. The Financial Bid of only those bidders will be opened whose Technical bid are accepted by the Competent Authority. The date time and venue for opening of Financial Bids shall be communicated to the technically qualified bidders at a later date. However, NCERT reserves the right for not inviting the unqualified bidders while opening the financial bids. 3.4. Any tender received after the date and time given above will not be entertained under any circumstances. 3.5. The competent authority reserves the right to reject any or all tender without assigning any reason and shall not bind it-self to accept any tender and reserve the right to call for fresh tender. 4 4. PROCUDURE FOR SUBMISSION OF BIDS. 4.1. The Bids shall be submitted in three separate sealed envelopes as under:- a) Envelop A - should contain the Bank Drafts (s) for the Earnest Money Deposit (EMD ) along with details in (Annexure-I). b) Envelope B - should contain the Technical Bid Document,(Annexure-II). Tender Document duly signed by the bidder on each page and all necessary documents to be submitted along with the Technical Bid. c) Envelope C- should contain the Financial Bid Documents (Annexure-III) 4.2. All the three envelopes (i.e., envelopes A, B & C) should be submitted in a big cover duly sealed, addressed to Senior Stores Officer, National Council of Educational Research & Training, Sri Aurobindo Marg, New Delhi - 110016, and superscribed “Tender for supply of ISI mark of Potable water of Bisleri/Foster/Kinley/Kingfisher/Aquafina make to NCERT, New Delhi”. The cover should also bear the name and address of the bidder including telephone number. Tender duly completed as above may please be dropped in the Drop Box placed in a well accessible place. 4.3. The bidder must put his seal and signatures on each page of the bid and also attest all or corrections etc., if any, under his seal and signatures. 5. BIDDER QUALIFICATION. The bidder should have having minimum two years experience in the field of supply of ISI mark of potable water of Bisleri/ Foster /Kinley/Kingfisher/Aquafina make in Educational Institution/Govt. Organization/Public Sector/Autonomous/Pvt. reputed organization. The minimum annual turnover of the prospective bidder should be Rs.20.00 lakh per annum during the last two preceding years i.e. 2014-15 & 2015-16. 6. 6.1 SCOPE OF WORKS To provide ISI mark of potable water of Bisleri/Foster/Kinley/Kingfisher/ Aquafina make etc. as per details given in Annexure - IV enclosed. 7. TERMS AND CONDITION OF CONTRACT 7.1 The bids must be accompanied with a DD/BC issued by any Nationalized/ Scheduled Bank for Rs.25,000/- (Rupees Twenty five thousand only) in favour of Secretary, NCERT, New Delhi. 5 7.2 The Technical Bids shall be opened at NCERT, Sri Aurobindo Marg, New Delhi - 110016 by a duly constituted Committee in the presence of such Bidders or their authorized representatives who may desire to be present at the time of opening of bids. 7.3 It is the responsibility of Bidders to read all terms & conditions of this document carefully before filling the bid. Incomplete bid documents or bids not responsive enough to the terms and conditions are liable to be rejected. The bidder should sign undertaking along with the bid document that he has read the complete tender document and will abide by its terms & conditions. 7.4 The financial bids shall be opened at NCERT, Sri Aurobindo Marg, New Delhi 110016 and shall be evaluated on the basis of acceptance of rate. 7.5 The bid shall contain no erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be authenticated by the person or persons signing the bid. 7.6 Bid Documents are neither transferable nor cost of the bid documents is refundable under any circumstances. 7.7 The issuing of bid document shall not constitute that the bidders are automatically qualified. 7.8 If even after award of contract, information/facts submitted by the bidders are found misleading/incorrect/false etc., NCERT reserves the right to terminate the contract. 7.9 The successful bidder has to furnish interest free Performance Security Deposit @ of 10% of the total value of the order in the form of Account Payee Demand Draft from a Commercial Bank drawn in favour of “Secretary, NCERT, Sri Aurobindo Marg, New Delhi ” payable at New Delhi or Fixed Deposit Receipt/Bank Guarantee. This has to be given within stipulated period as mentioned in the letter of award of contract. The Security Deposit will be valid for a period of sixty days beyond the date of completion of all contractual obligations including warranty/guarantee obligations. No interest will be paid on such deposits. It may be noted that the Performance Security stand forfeited in the event of the firm fails to supply the items in question within the delivery scheduled and thereafter the purchase order shall be treated as cancelled. 7.10 The Earnest Money Deposit will be refunded to the unsuccessful bidders after finalization of tender without any interest. 7.11 However, the Earnest Money of the successful bidders will liable to be forfeited, if he/she does not fulfill any of the following condition: 6 (a) The successful bidder shall have to deposit Security deposit before award of supply order. The security so deposited with NCERT, Sri Aurobindo Marg, New Delhi - 110016, shall not carry any interest. (b) To undertake the work from the specified date mentioned in the award letter. 7.13 The successful bidder will have to supply of ISI mark of potable water of Bisleri/Foster/Kinley/Kingfisher/Aquafina make at NCERT Hq New Delhi including NIE Guest House, New Delhi as per items and Rate as given in the Annexure - IV attached with price schedule / Financial Bid document to this Tender Document. 7.14 The successful bidder will be responsible for supply of ISI mark of Bisleri/Foster/Kinley/Kingfisher/Aquafina make to potable water NCERT, New Delhi by his own cost and as per requirement irrespective of time and in case of any fault delay etc., ‘risk purchase’ will be made by the NCERT out of the Security Deposit of the said Contractor (this includes the difference tender rate and risk purchase plus incidental charges). 7.15. In case of supply of potable water of Bisleri/Foster/ Kinley/Kingfisher/Aquafina make items of such articles, if found same or less in quantity or quality and not of standard quality or not supplied in time, a deduction of 10% will be made from the bill as penalty or as decided by the Secretary, National Council of Educational Research & Training, Sri Aurobindo Marg, New Delhi – 110016 repeated fault may result in forfeiture of part or whole of money and even termination of the contract. 7.16 The successful bidder will ensure compliance of all the relevant provisions of the Laws. 7.17 National Council of Educational Research & Training, Sri Aurobindo Marg, New Delhi – 110016 reserves the right to visit the existing or the past customers of the bidder to ascertain the quality of work performed by them and in case any negative report is received against the bidder, bid may be rejected. Also in case any information provided by the bidder is found to be false, his/her bid can be rejected and part or whole security forfeited 7.18 The successful bidder will submit the monthly bill in duplicate alongwith testing report for the authorized Testing Laboratory may be to Senior Stores Officer, NCERT, New Delhi for arranging the payment. Payment will be as far as possible made within 15 (fifteen) days from the date of receipt of bill after deduction of tax as per rules through A/c Payee Cheque. 7.19 The Earnest Money of the successful bidder will be refunded after depositing of the Security Money against the contract. However, the same will not carry any interest. 7.20 Conditional/Incomplete offers not conforming to tender document will be rejected. 7 7.21 The bidder shall submit the ITR for the last three years (2013-14, 2014-15, 201516) of the firm/Proprietorship firm. However, no individual ITR will be considered /accepted at any cost by the NCERT. 7.22 Sales Tax Registration number with certified copies of return for the last three years i.e. (2013-14, 2014-15, 2015-16) 7.23 No Advance payment will be made; any offer linked with advance payment is likely to be ignored including the security of empty bottles. 7.24 After winning the order, if you fail to supply, your EMD will be forfeited and you will be blacklisted from participating in any future bid/tender. 7.25 The decision of acceptance of tender will lie with the competent authority of NCERT, New Delhi who do not bind himself to accept the lowest quotations received, without assigning any reasons. 7.26 NCERT reserves the right at the time of award of contract to increase or decrease of quantity without any change in terms & conditions. 7.27 The Inspection Team of NCERT will carry out a inspection of the samples of jars of potable water of 20 Litre capacity, for which the firm will have to bear all the cost towards boarding/loading/transportation charges and testing charges of water etc. of inspection team. 7.28 It may be noted that the potable water of ISI mark of Bisleri/ Foster/ Kinley/Kingfisher/Aquafina make only be accepted and no tender of others brand make of drinking water will be considered by NCERT at any cost and no correspondence will be entertained in this regards. 7.29 I/We accept condition of showing the samples of potable water of ISI mark of Bisleri/Foster/Kinley/Kingfisher/Aquafina as per specifications at our premises, for which inspection of the 20 Litre container of branded jars shall be carried out by designated team of NCERT within 15 days from the date of issue of offer letter from NCERT and whatever expenditure towards the inspection will be borne by us. 7.30 Authorized Dealer shall submit the copy of the valid Authorized Dealership Certificate for the year 2015-16 issued by Principal to be attached. 8. INSTRUCTIONS FOR BIDDER 8.1. It is mandatory on the part of prospective bidder to submit offer for supply of potable water of ISI mark of Bisleri/Foster/Kinley/Kingfisher/Aquafina make etc. as per the requirement & rates approved for the same. 8.2 It is mandatory for the bidders to quote the rates for each and every items in respect of potable water, transport charges etc. failing which the bid of the firm will not be considered and summarily rejected. 8 8.3 Each page of the offer shall be numbered and bear the signature of the tenderer at the bottom. All offers shall be either type written/printed neatly in indelible ink. Any corrections should be properly attested by tender signing authority. 8.4 No advance payment for empty bottles will be given to the successful bidder as security money by NCERT. 8.5 Resolution of Disputes 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 thirty (30) 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 mechanism specified in tender document. The dispute resolution mechanism to be applied pursuant to Clause shall be as follows: A dispute or difference arising between the Purchaser and Supplier relating to any matter arising out of or connected with the contract, such dispute or difference shall be referred to the sole arbitration of an officer in the Ministry of Law, appointed to be the arbitrator by the Director, NCERT. The award of the Arbitrator shall be final and binding on the parties to the contract subject to the proviso that the Arbitrator shall give reasoned award. The Indian Conciliation and Arbitration. Act, 1996, the rules there under and any statutory modifications or re-enactments thereof, shall apply to the proceedings. The venue of arbitration shall be the place from where the contract is issued. Certified that I/We have gone through the contents of the Tender form point wise and thereby convey our acceptance to abide by all the terms & conditions mentioned in the tender documents. Signature : _______________________________________________________________________ Name (In block letters) : ____________________________________________________________ Designation : _______________________________________________________________________ Name of the firm : _________________________________________________________________ Address: ____________________________________________________________________________ Tele No.: ___________________________________________________________________________ Date: ______________________________________________________________________________ 9 ANNEXURE – I For EMD National Council of Educational Research & Training Sri Aurobindo Marg, New Delhi - 110016 Bidding Document for supply of ISI mark of Potable water of Bisleri/Foster/ Kinley/Kingfisher/Aquafina to National Council of Educational Research & Training, Sri Aurobindo Marg, New Delhi - 110016 PARTICULARS OF EMD 1. Name of Agency : ___________________________________________________________________ 2. Date of receipt of Tender Document : ____________________________________________________ 3. Last date & Time for receipt of Tender : __________________________________________________ 4. Time & Date of Opening of Tender : _______________________________________________________ 5. Place of Opening of Bid : ________________________________________________________________ 6. Details of EMD: a) Amount : Rs.25,000/- (Rupees Twenty five thousand only) for supply of ISI mark of potable water of of Bisleri/Foster/Kinley/Kingfisher/Aquafina make for use in NCERT b) Name of Bank : ______________________________________________________________ c) Pay Order/Bank Draft Number & Date ____________________________________________ (Authorized Signatory with Seal of the firm) 10 ANNEXURE – II For Technical Bid National Council of Educational Research & Training Sri Aurobindo Marg, New Delhi - 110016 Bidding Document for supply of ISI mark of Potable drinking water of Bisleri/Foster/Kinley/Kingfisher/Aquafina make to National Council of Educational Research & Training, Sri Aurobindo Marg, New Delhi – 110016 BID DOCUMENT NO : 3-45/2015-16/S&S S.No. Description/Company/Firm 1. Name of Bidder: 2. Address: 3. Telephone No. Details to be filled up Mobile Fax No. E-mail Id 4 5 6 7 Type of Organization (whether sole proprietorship/ partnership/private limited or\ Cooperative body etc.) Attached Documentary Proofs Name of the Proprietor/ Partners/Directors of the Organization/Firm (Proof enclosed) Sales Tax/ VAT Nos. of the Firm of the (Proof enclosed) PAN card of the firm/company is mandatorily required and no individual PAN will be considered at any cost (copy attached) 11 Page Number of this tender document where copy/ certificate is attached 8. IS: 14543 Testing Report from BIS of any Govt. Agency (copy may be enclosed) 9. Work Experience of two year for supply of ISI mark of potable water of Bisleri/ Foster/ Kinley/ Kingfisher/Aquafina in Govt./Autonomous body Deptt/PSU. (Attached documentary proof in support of claim) Whether EMD submitted or not (Yes/No). Also indicate the BC/DD No. and date with amount of the EMD as per Annexure -I (Please Yes or No) Average Annual turnover of the Firm/Company for the last 2 years. Minimum Rs.20.00 Lakh. duly certified by CA (Proof enclosed) 2014-15 2015-16 ITR of Company for the last three years. No individual ITR will be considered at any cost (copy attached) 2013-14 2014-15 2015-16 DD/Pay Order/Cash Receipt toward tender document fee In case of Authorized Dealer, copy of the valid Authorized Dealership Certificate for the year 2015-16 issued by OEM to be attached. Undertaking regarding black-listing by any department as per Annexure-V Attached undertaking as per Annexure – VI on a Non-Judicial Stamp Paper duly signed and stamped. Water testing report from the Govt.of any other authorized Testing Laboratory (copy of the same may be enclosed). 10 11 12 13 14 15 16 17 (Authorized Signatory with Seal of the firm) 12 ANNEXURE – III For Financial Bid National Council of Educational Research & Training Sri Aurobindo Marg, New Delhi - 110016 Detailed Specifications of potable drinking water of Bisleri /Foster/ Kingfisher/Kinley/ Aqualfina for the use in NCERT Sr. No. 1. 2. Name of the Items with detailed specification Qty. Unit Rate Total Price including all including all charges charges (in Rupees) (in Rupees) 1. 20 ltr. jar of ISI mark of potable 65 jar water of Bisleri/Foster/ per day Kingfisher/Kinley/Aquafina make for use in NCERT HQ up to 31.03.2017 with ISI certified under IS: 14543. 20 ltr. jar of ISI mark of potable 30 jar per water of Bisleri/ Foster/ day Kingfisher/Kinley/Aquafina for use in NIE Guest house up to 31.03.2017 with ISI certified under IS: 14543. Total : Authorized Signatory with Seal of the firm) Telex : __________________________________________________________________ Telephone : __________________________________________________________________ Fax No : __________________________________________________________________ E-Mail : __________________________________________________________________ Website: : __________________________________________________________________ Note: - 13 ANNEXURE –IV For Scope of work National Council of Educational Research & Training Sri Aurobindo Marg, New Delhi - 110016 Scope of work Bidding Document for supply of 95 bottles of ISI mark of potable water of 20 Litre capacity Bisleri/Foster/ Kinley/Kingfisher/Aquafina make etc. to National Council of Educational Research & Training, Sri Aurobindo Marg, New Delhi - 110016 The NCERT required 95 bottles of 20 Litre capacity of ISI mark of Bisleri/Foster/ Kinley/Kingfisher/Aquafina make/brand for the use in NCERT and NIE Guest House. 1. No bidder will be permitted to alter or modify their bids after expiry of the deadline for receipt of the bids. 2. The Financial Bid should be valid for a period of 180 days from opening of the Financial Bids. BID PARTICULARS FOR TENDER NO. : 3-45/2015-16/S&S 1. NAME OF BIDDER : ______________________________________________ 2. ADDRESS OF BIDDER : ______________________________________________ 3. Rate should be quoted as per Annexure III enclosed (Authorized Signatory with Seal of the firm) Telex : __________________________________________________________________ Telephone : __________________________________________________________________ Fax No : __________________________________________________________________ E-Mail : __________________________________________________________________ Website: : __________________________________________________________________ Note: - 14 Annexure – V DECLARATION REGARDING BLACKLISTING/DEBARRING FOR TAKING PART IN TENDER I / We ____________________________________ (Tenderer) hereby declare that the firm / agency namely M/s. __________________________ has not been blacklisted or debarred in the past by Union/ State Government or organization from taking part in Government tenders in India. Or I / We _____________________________________ (Tenderer) hereby declare that the Firm/ agency namely M/s. ____________________________________________ was blacklisted or debarred by Union / State Government or any Organization from taking part in Government tenders for a period of ________________ years w.e.f. ________________ to _____________. The period is over on _____________________ and now the firm/company is entitled to take part in Government tenders. In case the above information found false I / we are fully aware that the tender/contract will be rejected / cancelled by Secretary, NCERT, and EMD / SD shall be forfeited. In addition to the above Secretary, NCERT will not be responsible to pay the bills for any completed / partially completed work. Name ________________________ (Authorized signatory of the firm) Address with Seal______________________ 15 Annexure – VI UNDERTAKING I / We ____________________________________ (Tenderer) hereby declare that I/We …………………………………………… participated in tender number F.No. 3-45/2015-16 /S&S called by NCERT for the supply of potable drinking water of Bisleri/Kinley/Foster/Aquafina make . I / We accept condition of showing the samples of jars of Bisleri/Kinley/Foster/Aquafina make for which inspection of the prototype samples of water jars items shall be carried out by designated team of NCERT within 15 days from the date of issue of offer letter from NCERT and whatever expenditure towards the inspection will be borne by us. Name ________________________ (Authorized signatory of the firm) Address with Seal______________________ 16 F.3-45/2015-16/S&S NATIONAL COUNCIL OF EDUCTIONAL RESEARCH AND TRAINING (S&S- Section) Dated: 24.4.2016 Sub: Tender for the supply of potable water of Bisleri/ Aquafina/ Kingfisher/Foster for the use in NCERT including NIE Guest House of NCERT’s – reg. Please find enclosed herewith a copy of limited tender document for inviting the tender for supply of Potable Water for the use in NCERT including NIE Guest for uploading the same on NCERT’s website. However, the copy of approval of Competent Authority is being enclosed for kind perusal please. (J.P.Bhulania) SSO/S&S 1. Prof. A.P. Bahera, Head DICTD, CIET with the request to issue necessary instructions to the concerned officer to do the needful in regard for up-loading the tender on the NCERT’s website immediately. 2. Guard file 17 F.3-45/2015-16/S&S NATIONAL COUNCIL OF EDUCTIONAL RESEARCH AND TRAINING (S&S- Section) Dated: 24.4.2016 Sub: Tender for the supply of potable water of Bisleri /Aquafina/Kingfisher/Foster for the use in NCERT including NIE Guest House of NCERT’s – reg. Please find enclosed herewith a copy of tender notice for inviting the tenders for the purchase of Potable Water for the use in NCERT including NIE Guest, for which you are requested to intimate the cost for the publication in the newspaper (Novbharat – Hindi and HIndustran Times – English version) immediately so that the cheque could be prepared of the said amount for onward submission to the DAVP for publication of tender notice in the above said newspaper. (J.P.Bhulania) SSO/S&S To PRO office NCERT, New Delhi. 18 NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING SRI AUROBINDO MARG : NEW DELHI - 110016 Tender No. 3-45/2015-16/S&S CONTRACT AGREEMENT NO. 3-45/2015-16/S&S DATED: ……………… 2016 THIS AGREEMENT is made on …………….2016 between Secretary, NCERT (hereinafter referred to as “Client” which expression unless excluded or repugnant to the context be deemed to include his successors and assigns), and whose principal place of office is at NCERT, Aurobindo Marg, New Delhi – 110016 of the One Part, AND …………………………having its registered office at …………………………………………….. (Hereinafter referred to as “the Contractor”) which expression shall unless excluded shall unless excluded by or repugnant to the context be deemed to include his successors, heirs executors, administrators, representatives and assigns) of the other part for providing manpower services to Client. NOW THIS AGREEMENT WITNESSTH as follows: 1. WHEREAS the Client invited bids through open tender, vide Notice Inviting Tender dated 22.04.2016 for supply of ISI mark potable water of Bisleri/Aquafina/Foster/Kingfisher for use in NCERT including NIEGH 2. AND WHEREAS the Contractor submitted his bid dated …………… in accordance with the procedure mentioned along with the bid documents and represented therein that it fulfils all the requirements and has resources and competence to provide the requisite services to the Client. 3. AND WHEREAS the Client has selected ………………………….. as the successful bidder (“the Contractor”) pursuant to the bidding process and negotiation of contract prices, awarded the Letter of Acceptance (LoA) No 3-45/2015-16/S&S the Contractor on………….for a total sum of …………………(Rupees……………….only). 4. AND WHEREAS the Client desires that the supply of ISI mark potable water potable water of Bisleri/Aquafina/Foster/Kingfisher/Kinley as defined in the Bidding Document. 19 5. AND WHEREAS the Contractor acknowledges that the Client shall enter into contracts with other contractors/parties for the supply of potable water in the premises. In cases, if the Contractor falls into breach of the terms and conditions as Stipulated in the Tender Document no payment of the supply of water shall be released. 6. AND WHEREAS the terms and conditions of this Contract have been fully negotiated between the Client and the Contractor as parties of competent capacity and equal standing. 7. AND WHEREAS the Contractor has fully read, understood and shall abide by all the terms and conditions as stipulated in the Tender Documents for providing for the supply of potable water in the Client’s premises, failing which the Contract is liable to be terminated at any time, without assigning any reasons by the Client. 8. AND WHEREAS the Client and the Contractor agree as follows : 1. In this Agreement (including the recitals) capitalized words and expressions shall have the same meanings as are respectively assigned to them in the Contract documents referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement. This Agreement shall prevail over all other Contract documents. (a) (b) (c) (d) (e) The Letter of Acceptance (LOA) issued by the Client Notice to Proceed (NTP) issued by the Client The complete Bid, as submitted by the Contractor The Addenda, if any, issued by the Client Any other documents forming part of this Contract Agreement till date. (Performance Bank Guarantee, Bank Guarantee) 3. Any changes/modifications/amendments required to be incorporated in the Contract Agreement at a later stage shall be discussed and mutually agreed by both the parties and such supplementary agreements shall be binding on both the parties and shall form the part of this contract agreement. 4. This Contract shall be governed by and construed in accordance with the laws of India. Each party hereby submits to the jurisdiction as set out in the Dispute Resolution Procedure in the Conditions of Contract. 20 9. IN WITNESS WHERE OF the parties hereto have caused this Agreement to be executed in accordance with the laws of India on the day, month and year indicated above. Signed on behalf of the Contractor Signed on Behalf of Secretary, NCERT (Authorised Signatory) (Authorised Signatory) 21