SPEED POST
14-41/2008-09/CIET/ ED
27.02.13
M/s
Subject:
Awarding Annual Maintenance Contract for Interactive
Teleconferencing system through the EDUSAT– regarding.
Dear Sir,
CIET, NCERT intends to invite Limited tender Enquiry for awarding:
1. Comprehensive Annual Maintenance Contract (CAMC) of a Central Hub installed at CIET,
New Delhi, operating on DVB-RCS technology through the Ku band EDUSAT.
2. Annual Maintenance Charges (AMC) for :
a) Online monitoring and remote maintenance of the total DVB-RCS based
interactive teleconferencing system.
b) Call basis charges for attending only break down calls, at site, for Satellite
Interactive Terminals (SITs) located all over the country.
A complete set of Bidding Documents may be obtained by any interested eligible Bidders
from the Stores Officer (Engineering Division), CIET 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 4th March, 2013
till 2nd April, 2013 on submission of a written application to the above and upon payment of a
non-refundable fee of Rs500/- (Rupees five hundred only) in the form of demand draft in favour
of ‘Joint Director, CIET, NCERT,’ payable at New Delhi.
The detailed Bid Document is also available on the website of NCERT – www.ncert.nic.in
You are therefore, requested to send your Bid in a sealed cover as per the Bid Document.
The last date for the submission of the bid is 3rd April, 2013 till 1.00 p.m.
Yours faithfully,
(S.S. Meena)
Stores Officer
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Serial No. ……………. …
Document Contains Pages 1 to -----
Central Institute of Educational Technology
National Council of Educational Research and Training
Bidding document
2012 - 2013
Bid No. -14-41/2008-09/ED/CIET
Annual Maintenance Contract for
Interactive teleconferencing system through the EDUSAT.
Chacha Nehru Bhawan
Sri Aurobindo Marg, New Delhi-110016
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Central Institute of Educational Technology
(National Council of Educational Research and Training)
Sri Aurobindo Marg, New Delhi-110016 (India)
INTRODUCTION
Central Institute of Educational Technology (CIET) is a constituent unit of National
Council of Educational Research and Training (NCERT). CIET is a National level institute in
Educational Technology under the Ministry of Human Resource Development (MHRD),
Government of India and is entrusted to produce Educational Television and Radio Programmes
for the children of the Primary, Secondary, Sr. Secondary School, and Teacher Education and to
develop e-content under ICT scheme.
CIET, NCERT is conducting teachers training programmes through Interactive
teleconferencing mode via educational satellite EDUSAT. The NCERT EDUSAT network
consists of one Teaching End at CIET, NCERT, New Delhi 110016, and 90 Satellite Interactive
Terminals (SIT) at different locations all over the country. It is also managing the EDUSAT
HUB, established by ISRO, catering to other EDUSAT networks also.
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Central Institute of Educational Technology
National Council of Educational Research and Training
Sri Aurobindo Marg, New Delhi 110016
BIDDING DOCUMENT
Annual Maintenance Contract of interactive teleconferencing system through the
EDUSAT.
CONTENTS
SECTION I: INVITATION FOR BIDS
4
SECTION II: INSTRUCTIONS TO BIDDERS
6
SECTION III: BIDDING DATA SHEET
21
SECTION IV: QUALIFICATION CRITERIA
23
SECTION V: SCHEDULE OF REQUIREMENTS AND SPECIFICATIONS
24
SECTION VI: BID SUBMISSION FORM AND PRICE SCHEDULE
33
SECTION VII: CONDITIONS OF CONTRACT
36
SECTION VIII: CONTRACT FORM
48
SECTION IX (A): BANK GUARANTEE FORM FOR EARNEST MONEY
50
SECTION IX (B): BANK GUARANTEE FORM FOR PERFORMANCE SECURITY
52
SECTION X: MANUFACTURERS AUTHORISATION CERTIFICATE
54
SECTION XI: NOTIFICATION OF AWARD
55
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SECTION I
INVITATION FOR BIDS (IFB)
(Bid No. 14-41/2008-09/ED/CIET
Date……………..
1. The Central Institute of Educational Technology (CIET), National Council of
Educational
Research & Training (NCERT), New Delhi invites sealed Bids from eligible Bidders for
Sr. No.
1.
Description
Qty
Earnest Money in `
1 lot
30,000/(Rupees thirty
Thousand only)
1. Carrying out Comprehensive
Annual Maintenance Contract
(CAMC) of a cwntral Hub
installed at CIET, New Delhi
operating
on
DVB-RCS
(Technology) through the Ku
band.
2. Annual Maintenance Charges
(AMC) for :-
a) Online monitoring and
remote maintenance of the
total DVB – RCS based
interactive teleconferencing
system.
b) Call basis charges for
attending only break down
calls at site, for satellite
interactive terminals (SITs)
located all over the country.
2. The last date for receipt of Bids is 3rd April 2013 till 1.00 P.M. Technical Bids will
be opened on 5th April 2013 at 2.30 P.M.
3. Interested eligible Bidders may obtain further information in respect of the Bidding Documents
from Head, Engineering Division, Central Institute of Educational Technology (CIET), National
Council of Educational Research & Training (NCERT), Sri Aurobindo Marg, New Delhi –
110016.
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4. A complete set of Bidding Documents may be obtained by any interested eligible Bidders from
the Stores Officer (Engineering Division), CIET 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 4th March -till 2nd April
2013, on submission of a written application to the above and upon payment of a nonrefundable fee of Rs.500/- (Rupees five hundred only) in the form of demand draft in favour of
‘Joint Director, CIET, NCERT,’ payable at New Delhi.
5. All Bids from Bidders must be accompanied by Earnest Money for the amount mentioned in
the Para 01 above and must be delivered to the above office on or before the last date and time
of receipt of Bids mentioned in Para 02 above.
6. 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.
7. A Pre-bid meeting will be held on 22nd March 2013 at 11.00 A.M. in the Conference Hall of
CIET, NCERT in order to provide the Bidders an opportunity to seek clarifications on all
aspects of the Bidding Documents.
8. 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 Stores Officer, Room No. 113, CIET, NCERT. Alternatively, the Bidding documents may
be sent by registered post or by speed post to the Stores Officer, Room No. 113, CIET,
NCERT, Sri Aurobindo Marg, New Delhi -110016 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 Bids 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 the Bid.
9. The User Agency 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,
11. In the case of Bidding Documents downloaded from the website, a
demand draft
in favour of ‘Joint Director, CIET, NCERT’ payable at New Delhi for Rs.500/- (Rupees five
hundred only) 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”;
Joint Director
CIET, NCERT
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SECTION II
INSTRUCTIONS TO BIDDERS (ITB)
A. INTRODUCTION
01. Scope of Bid
01.01
Central Institute of Educational Technology (CIET), National Council of
Educational Research & Training (NCERT), Sri Aurobindo Marg, New Delhi
110016, hereinafter referred to as the User Agency, issues these Bidding
Documents for carrying outa) Comprehensive Annual Maintenance Contract (CAMC) of the existing Hub facilities
and related Services incidental there to as Specified in Section V, Schedule of
Requirements and Specifications.
b) Online monitoring and remote maintenance of interactive teleconferencing system,
maintenance/Telephonic support and repairing/replacement of Satellite Interactive
Terminals (SITs) located across the country on call basis mode per SIT.
Throughout the 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 User Agency has the budget provision for awarding Comprehensive AMC for
which the Invitation for Bids is issued.
03. Eligible Bidders
03.01
This Invitation is open to established, reliable and reputed firms dealing in DVBRCS Technology having experience in Integration, Installation, Testing and
Commissioning of DVB-RCS Hub / SITs. The bidder should be capable of
providing proven solutions and after sale service support infrastructure in
India in the past for at least five years.
03.01
The bidder should furnish the information required in Section IV, the qualification
criteria.
03.02
The bidder should confirm that he would supply the warranty / guarantee of the
original equipment supplied during the CAMC.
04. Cost of Bidding
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04.01
The Bidder shall bear all costs associated with the preparation and submission of
his/her Bid, and the User Agency will in no case be responsible or liable for these
costs, regardless of the conduct or outcome of the Bidding process.
B. BIDDING DOCUMENTS
05. Sections of the Bidding Documents
05.01
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 7.
Part 1: Bidding Procedures
 Section I Invitation for Bids
 Section II Instructions to Bidders
 Section III Bidding Data Sheet
 Section IV. Qualification Criteria
 Section V Schedule of Requirements and Specifications
 Section X Manufacturer’s Authorization Certificate
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
05.02
The User Agency is not responsible for the completeness of the Bidding
Documents and their addendum, if they were not obtained directly from the User
Agency.
05.03
The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Documents. Failure to furnish all information or
documents required by the Bidding Documents may result in the rejection of the
Bid.
06. Pre-bid meeting
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06.01
A prospective Bidder requiring any clarification about the Bidding Document
may notify the User Agency in writing or by fax at the User Agency’s mailing
address indicated in the Bidding Data Sheet. All requests for clarification received
by the User Agency 10 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.
07. Amendment of Bidding Document
07.01
At any time prior to the deadline for submission of Bids, the User Agency may
amend the Bidding Document by issuing an addendum.
07.02
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 User Agency. The amendment will be binding on all the
Bidders.
07.03
In order to afford prospective Bidders reasonable time in which to take the
amendment into account in preparing their Bids, the User Agency may, at its
discretion, extend the deadline for the submission of Bids.
C. PREPARATION OF BIDS
08. Language of Bid
08.01
The Bid prepared by the Bidder as well as all correspondence and documents
relating to it exchanged by the Bidder and the User Agency, 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.
09. Documents Comprising the Bid
09.01
The Bid submitted by the Bidder shall be in two separate parts, namely
Part-I and Part-II.
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 ‘Joint Director, CIET, NCERT’ payable at New Delhi
for Rs.500/- as the cost of the Bidding Documents shall be placed in a separate
cover and marked “Cost of Bidding Document downloaded from the Internet”;
II.
Earnest Money in a separate cover marked ‘Earnest Money’;
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III.
Written confirmation authorizing the signatory of the Bid to commit the bidder, in
accordance with ITB Clause-19.02.
IV.
Documentary evidence in accordance with ITB Clause 03 establishing the
Bidder’s qualifications to perform the contract if its bid is accepted.
V.
Documentary evidence established in accordance with Clause 15.01 that the
Spares/Equipment and ancillary services to be supplied by the Bidder conform to
the Bidding Document.
VI.
Undertaking that the Bid shall remain valid for the period specified in
Clause-18.01.
VII.
An affidavit on Non-Judicial Paper affirming that information he/she has
furnished in the Bidding Document is correct to the best of his/her knowledge and
belief.
VIII.
Manufacturers Authorization Certificate as per Section X.
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)
Bid Submission Form and Price Schedule in Section VI;
09.02
Each part shall be separately sealed and marked in accordance with
Sealing and Marking Instructions in Clause 20.
09.03
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 to Bidders
Bidding Data Sheet
Qualification Criteria
Schedule of Requirement and specification
Condition of Contract
Contract Form
10. Bid Submission Form
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10.01 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 alterations to its format, and no substitutes shall be accepted. All blank spaces
shall be filled in with the information requested.
10.02 The Bidder shall submit the Price Schedules for Equipments and Related Services,
according to their origin as appropriate, using the forms furnished in Section VI, Bid
Submission Forms & Price schedule.
12. Alternative Bids
11.01 Alternative bids shall not be considered.
12. Bid Prices & Discounts
12.01 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 will be treated as non-responsive and rejected.
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Bid Currency
13.01
The Bidder shall quote Bid prices in Indian rupees for the offered services at CIET
– NCERT.
13.02 NCERT will supply custom / central excise duty exemption certificate for the import
of the spares needed for carrying out the AMC, however as per G.O.I. Order,
mandatory custom duty will be borne by NCERT.
14.
Terms of Payment
A. Payment of CAMC charges.
14.01
Vendor shall submit the claim, with a document containing a technical
Certificate duly signed from User Agency (CIET, NCERT) towards
satisfactory completion of break down calls attended, on quarterly basis.
14.02
Vendor shall send the bill /claim to “The Joint Director, Central Institute of
Educational Technology (National Council of Educational Research and
Training), Sri Aurobindo Marg, New Delhi-110016 (India)”.
14.03
The payment shall be released in form of cheque only.
B. Payment of Mandatory Custom duty.
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The payment of mandatory custom duty will be released after receipt of spare/equipment
in good condition and original documents of payment made towards custom duty. However, the
clearance charges for the material are to be borne by the vendor.
15. Document Establishing Goods Eligibility and Conformity to Bidding Document
15.01 To establish conformity of the Services/Equipment to the Bidding
Documents, the Bidder shall furnish as part of his Technical Bid a Compliance
Statement and statement of deviations and exceptions to the provisions of the
Schedule of requirements, for the services listed in Section-V Schedule of
Requirements & Specification.
15.02 The Bidder shall also furnish a list giving full particulars, including
available sources and current prices of spare parts, special tools, etc.,
necessary for the proper and continuing functioning of the Equipment
during the period specified in the Bidding Data Sheet (BDS) following
commencement of the use of the Services/Equipment by the User Agency.
15.03
The Standards for workmanship, process, material, and equipment, as
well as references to brand names or catalogue numbers specified by the User
Agency in the Schedule of requirements, are intended to be descriptive only and
not restrictive. The Bidder may offer other standards of quality, brand names,
and/or catalogue numbers, provided that it demonstrates, to the User Agency’s
satisfaction, that the substitutions ensure substantial equivalence or are superior to
those specified in the Schedule of Requirements.
16 Documents Establishing the Qualifications of the Bidder
16.01 The documentary evidence of the Bidder’s qualifications to perform the
contract, if its bid accepted, shall be subject to the User Agency’s
Satisfaction:
a)
That, if required in the BDS, in case of the Bidder not doing
business within India, the Bidder must be represented by an agent in India
equipped and able to carry out the AMC with the repair and spare partsstocking/obligations prescribed in the conditions of the contract and / or
technical specifications, and
b)
That the Bidder meets each of the qualification criteria specified in
section IV, Qualification Criteria.
17. Earnest Money
17.01 Pursuant to Clause 9. The Bidder shall furnish, as part of his bid, Earnest Money
of the amount specified in the Bidding Data Sheet.
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17.02 The Earnest Money is required to protect the User Agency against the risk of
Bidder’s conduct which would warrant forfeiture of Earnest Money, Pursuant to
Clause 17.07.
17.03 The Earnest Money shall be in one of the following form:
17.04
(a)
Demand Draft in favour of the ‘Joint Director, CIET, 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.
(c)
Deposit Receipt of any Scheduled Bank drawn in favour of the User
Agency, and payable at New Delhi valid for a period of 60 days beyond
the Bid Validity Period.
Any bid from a Bidder not secured in accordance with Clauses 17.01
and 17.03 above will be summarily rejected by the User Agency as nonresponsive, pursuant to Clause 25.
17.05 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 User Agency, pursuant to Clause 18 but not later than 30 days
of the award of contract to the successful Bidder.
17.06 The successful Bidder’s Earnest Money will be discharged upon the
Bidder signing the contract, pursuant to Clause 33, and furnishing the
Performance Security, pursuant to Clause 34.
17.07 Earnest Money shall be forfeited:
(a)
if a Bidder withdraws his/her Bid or does not accept the correction of
errors pursuant to Clause 26.03 during the period of Bid validity specified
by the Bidder on the Bid form; or
(b) In case of the successful Bidder, if the Bidder fails:
i.
ii.
17.08
Money.
To sign the contract in accordance with Clause 33, or
To furnish Performance Security in accordance with Clause 34.
Public sector Enterprises will be exempted from depositing Earnest
18. Period of Validity of Bid
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18.01 Bids validity period is as specified in the Bidding Data Sheet after the date
of Bid opening prescribed by the User Agency, pursuant to Clause 23. Any
Bid valid for a shorter period than the period specified shall be rejected by the
User Agency as non-responsive.
18.02 In exceptional circumstances, the User Agency 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 Clause17 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 not be
required nor permitted to modify his/her Bid.
19. Format and Signing of Bid
19.01 The Bidder shall submit one copy of the Bid.
19.02 The Bid shall be signed by the Bidder or person duly authorized to bind the
Bidder to the Contract.
19.03 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 person or persons signing the
Bid.
D. SUBMISSION OF BIDS
20. Sealing and Marking of Bid
The Bidder shall place the two separate envelopes (called inner envelopes) Marked
“Technical Bid” and “Financial Bid” in one outer envelope. The inner envelopes
will have markings as follows:
Technical Bid: To be opened on 5th April 2013 at 2:30 PM as specified in the Bidding Data
Sheet.
Financial Bid: Not to be opened except with the approval of the User Agency. The contents of
the Technical and Financial Bid shall be as specified in Clause 9.
20.02 The inner and outer envelopes containing the Technical and Financial Bids shall
be:
a. Addressed to the User Agency at the address specified in the Bidding Data
Sheet
b. Financial Bid’s envelope shall have the marking “Do not open Financial Bid
till finalization of evaluation of Technical Bid”.
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20.03 The inner envelopes shall indicate the name and address of the Bidder to enable
the bid to be returned unopened in case it is declared "late".
20.04 The outer envelope should be marked “Annual Maintenance Contract of Hub and
SITs through the EDUSAT “with date & time of opening of the Bid along with the
address of the User Agency.
20.05 If the outer envelope is not sealed and marked as required by Clause
20.02, the User Agency will assume no responsibility for the Bid's
misplacement or premature opening.
20.06 The bidder shall also submit a soft copy of his / her Technical Bid.
21. Deadline for Submission of Bid
21.01
Bids must be received by the User Agency at the address specified and not 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 User
Agency, the Bids will be received up to the appointed time on the next working day.
21.02
The User Agency may, at its discretion, extend this deadline for
submission of Bid by amending the Bidding Documents in accordance
with Clause 07, in which case all rights and obligations of the User
Agency and Bidders previously subject to the deadline will thereafter be
subject to the deadline as extended.
21.03
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
Stores Officer, Room No. 113, CIET, NCERT, if the Bid is to be delivered
by hand. Out station Bidders may, however, send their Bid by registered
post or by speed post to the Stores Officer, Room No. 113, CIET,
NCERT, Sri Aurobindo Marg, New Delhi 110 016 to reach by the time
and date stipulated for receipt of Bids. Any delay, even postal delay in the
receipt of Bid 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.
22. Late Bid
22.01 Any Bid received by the User Agency after the deadline for submission of
Bid prescribed by the User Agency, pursuant to Clause 21, will be rejected
and/or returned unopened to the Bidder
E. OPENING AND EVALUATION OF BID
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23. Opening of Bids by the User Agency
23.01 The User Agency 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 User Agency, the Bids will be opened at the appointed time
and location on the next working day.
23.02 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 Bidding
Documents will not be opened, and Bid will be rejected.
23.03 In all cases, the amount of Earnest Money and validity shall be announced.
Thereafter, the Bidders’ names and such other details as the User Agency
may consider appropriate, will be announced by the User Agency.
23.04 The User Agency will prepare minutes of the Bid Opening, including the
Information disclosed to those present in the meeting in accordance with
Clause 23.01.
23.05 The evaluation of Technical Bids will be commenced soon 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 09.01. 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 Bid will be considered.
23.06 The User Agency 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.
23.07 At the time of the opening of the ‘Financial Bid’, the names of the Bidders whose
Technical Bids were found responsive in accordance with Clause 23.05 will be
announced. The Financial Bids of only these Bidders will be opened. The
remaining Bids will be returned unopened to the Bidders. The Bidder’s names, the
Bid prices, the total amount of each Bid, and such other details as the User
Agency may consider appropriate will be announced by the User Agency 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.
23.08 The User Agency shall prepare the minutes of the opening of the Financial
Bids.
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24. Clarification of Bids and Contacting the User Agency
24.01 To assist in the examination, evaluation and comparison of Bids, the User Agency
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 User Agency in the Evaluation
of the Bids, in accordance with Clause 26.
24.02 To Bidder shall contact the User Agency on any matter relating to his/her
Bid from the time of the Bid opening to the time of notification of Award.
Any attempt by the Bidder to influence the User Agency’s Bid Evaluation, Bid
Comparison or the decision of placing the purchase order, may result in the
rejection of his Bid.
25. Responsiveness of Bids
25.01 During the detailed evaluation of “Technical Bids”, the User Agency shall
determine whether each Bid (a) meets the eligibility criteria defined in
Clauses 3; (b) has been properly signed; (c) is accompanied by the required
Earnest Money, (d) meets the required quantity of Bid, specified in Section-V
Schedule of Requirement and Specification, 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 Bidding conditions, i.e., Schedule of Requirement and
Specifications, Section -V.
25.02 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 which affects
in any substantial way the scope, quality or performance of the
Equipment/System/Software under the AMC; (b) which limits in any substantial
way, inconsistent with the Bidding Documents, the User Agency’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.
25.03
Bids from the representatives, without proper authorization from the
Manufacturer as per Section X, to carry out the services and supply of the spares
on behalf of the principal shall be treated as non responsive and
rejected.
26. Nonconformities, Errors, and Omissions
26.01
Provided that a Bid is substantially responsive, the User Agency may waive any
non-conformities or omissions in the Bid that do not constitute a material
deviation.
17
26.02
Provided that a bid is substantially responsive, the User Agency 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.
26.03
Provided that the Bid is substantially responsive, the User Agency shall
correct arithmetical errors on the following basis:
(a)
if there is a discrepancy between the unit price and the line item total that
is obtained by multiplying the unit price by the quantity, the unit price
shall prevail and the line item total shall be corrected, unless in the opinion
of the User Agency there is an obvious misplacement of the decimal point
in the unit price, in which case the line item total as quoted shall govern
and the unit price shall be corrected;
(b)
if there is an error in a total corresponding to the addition or subtraction of
subtotals, the subtotals shall prevail and the total shall be corrected; and
(c)
if there is a discrepancy between words and figures, the amount in words
shall prevail, unless the amount expressed in words is related to an
arithmetic error, in which case the amount in figures shall prevail subject
to (a) and (b) above.
26.04
If the Bidder that submitted the lowest evaluated Bid does not accept the
correction of errors, his / her Bid shall be rejected and Earnest Money shall be
forfeited in accordance with the Clause-17.07.
27. Post qualification of the Bidder
27.01
The User Agency shall determine to its satisfaction whether the Bidder that is
selected as having submitted the lowest evaluated and substantially responsive bid
is qualified to perform the Contract satisfactorily.
27.02
The determination shall be based upon an examination of the documentary
evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB
Clause 16.
27.03
An affirmative determination shall be a prerequisite for award of the Contract to
the Bidder. A negative determination shall result in disqualification of the bid, in
which event the User Agency shall proceed to the next lowest evaluated bid to
make a similar determination of that Bidder’s capabilities to perform
satisfactorily.
28. Preferences
28.01
The User Agency will allow the Purchase Preference to Public Sector
Undertakings, in accordance with the Government of India directions in force.
18
F. AWARD OF CONTRACT
29. Award Criteria
29.01
Subject to Clause 33, the User Agency will be placing 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.
29.02 The User Agency shall award the Contract to the Bidder whose offer has
been determined to be the lowest evaluated bid and is substantially responsive to
the Bidding Documents, provided further that the Bidder is determined to be
qualified to perform the Contract satisfactorily.
30. User Agency's Right to Vary Quantities
30.01
The User Agency reserves the right to place additional order for the additional
services in the original order with the Vendor on the same rate and terms and
conditions any time between the awards of contract up to 30 days before the
commencement of the contract on the mutually agreed schedule. The time of
placing Award of Contract the User Agency reserves the right.
31. User Agency's right to accept any Bid and to reject any or all Bids
31.01
The User Agency 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 User Agency’s
action.
32. Notification of Award
32.01 Prior to the expiration of the period of Bid Validity, the User Agency 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.
32.02
The notification of award will constitute the formation of the Contract.
32.03
Upon the successful Bidder’s furnishing of Performance Security pursuant to
Clause 34, the User Agency will promptly notify each unsuccessful Bidder and
will discharge his/her Earnest Money, pursuant to Clause 17.
33. Signing of contract
19
33.01
At the same time as the User Agency notifies the successful Bidder that his/her
Bid has been accepted, the User Agency will send the Bidder the Contract Form
provided in Section VIII of the Bidding Documents incorporating all agreement
between the parties.
33.02
Within 15 (fifteen) days of receipt of the Contract Form the successful Bidder
shall sign with the date of Contract and return it to the User Agency.
34. Performance Security
34.01
Within 15 (fifteen) days of the receipt of notification of award from the User
Agency, the successful Bidder shall furnish the Performance Security in
accordance with Clause 6 of the Conditions of Contract, as per the form for Bank
Guarantee Performance Security provided in Section IX B.
34.02
Failure of the successful Bidder to comply with the requirement of Clause 33 or
Clause 34 shall constitute sufficient grounds for annulment of the award and
forfeiture of the Earnest Money, in which event the User Agency may make the
award to the next lowest Evaluated Bidder or call for new Bids.
35. Corrupt or Fraudulent Practices
36.01
The User Agency requires the Bidders to strictly observe the laws against fraud
and corruption in force in India, namely, Prevention of Corruption Act, 1988.
Any attempt to influence the decision of the User Agency through inducement,
illegal offer of commission, etc. will result in outright rejection of the Bid without
assigning reason.
36. All right reserved
37.01
The User Agency reserves the right to modify, amend, vary or alter any of the
terms and conditions of the Bid, if the same, in the opinion, of the User Agency,
is warranted or deemed necessary to secure effective performance of the
contract.
20
SECTION III
BIDDING DATA SHEET (BDS)
The following specific data for the Services/Equipment 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
The User Agency address is
06.01
Joint Director,
Central Institute of Educational Technology(CIET)
National Council of Educational Research and Training(NCERT)
Sri Aurobindo Marg, New Delhi- 1100016.
Telephone: - 26962580, Fax: - 26864141
26864801-10/Extn. 225, 226
17.01
Date of Pre Bid meeting 22nd March 2013 at 11.00 AM
The amount of Earnest Money:
Sr. No.
Description
1.
1
2.
Qty
Carrying out Comprehensive
Annual Maintenance Contract
(CAMC) of a central Hub
installed at CIET, New Delhi
operating
on
DVB-RCS
(Technology) through the Ku
band.
Annual Maintenance
(AMC) for :-
Charges
Earnest
Money in
30,000/(Rupees
1 lot
thirty
each
thousand
only)
A) Online
monitoring
and
remote maintenance of the
total
DVB-RCS
based
interactive teleconferencing
system.
B) Call
basis
charges
for
attending only break down
calls, at site, for satellite
interactive
Terminals(SITs)
located across the country.
18.01
21.01
23.01
The bid validity period shall be 120 days after the date of Tender
opening
Deadline for submission of Bids: Date : 3rd April 2013 Time : 1:00 P.M.
The date and time of opening the Technical Bids is:
21
Date: 5th April 2013 Time: 2:30 P.M.
The bid opening shall take place at:
Central Institute of Educational Technology(CIET)
National Council of Educational Research and Training(NCERT)
Sri Aurobindo Marg, New Delhi- 1100016
22
SECTION IV
QUALIFICATION CRITERIA
1.
The bidder shall be a manufacturer or his authorized representative or service provider or
DVB-RCS system integrator fulfilling the following requirements.
(a) Has supplied and installed similar or superior DVB-RCS interactive
teleconferencing system with the details below, during the last three years
Sl. No.
Name of the Vendor
Details of the
system
installed
Year of
Installation
(b) Will produce documentary evidence of certificate of satisfactory performance,
for at least six months from buyers, of the equipment/ integrated system
(c) Details of Financial Capability – Annual Turnover for last three years
(Copies of Audited Balance Sheet, to be attached)
2.
The bidder shall have established service support infrastructure and either have local after
sales service facility with availability of spares of the supplied/quoted equipment or
should have arrangement to provide service support and integrated solutions for at least 5
years from date of commencement of the contract.
3.
The bidder shall be capable and equipped with facilities for future up gradation and
subsequent training of the system
SECTION – V
23
SCHEDULE OF REQUIREMENT AND SPECIFICATIONS Preface
CIET, NCERT is conducting Interactive teleconferencing via educational satellite
EDUSAT in Ku band. The teleconferencing network of NCERT consists of one Teaching End,
located at CIET, NCERT, and 90 Class Rooms centers located all over the country. The
interactive teleconferencing is conducted through Satellite Interactive Terminal in the classrooms
and managed by a Mini HUB in CIET, New Delhi via EDUSAT. Hub is currently configured for
star operation. The Hub is also catering to other EDUSAT teleconferencing networks.
Now, CIET, NCERT intends to award
1. Carrying out Comprehensive Annual Maintenance Contract (CAMC) of Mini Hub
installed at CIET, New Delhi operating on DVB-RCS Technology through the Ku
band.
A. Equipment proposed under CAMC for Mini Hub installed at CIET, New Delhi
EDUSAT HUB
The system and associated equipment, to be offered for the CAMC, are as below:
DVB-RCS EDUSAT Hub Elements
Sr.
No.
1
2
3
4
5
6
7
8
Description
Make
Model/Serial
Qty
No.
3.8 Meter Ku band Antenna
system with non penetrating
mast/Penetrating mast, GFRP,
Reflector
AUPC
Interfaculty Link IF, RF, AC, DC
interconnection cables,
connectors, system accessories
Ku Band Feed
20 W Ku Band SSPB
Ku Band LNBC with External
reference
Ku Band Waveguide
SatNet Mini DVB-RCS Hub –
Single RLSS including 1
Processor, capacity for 500 SITs,
Advanced MCD 2 configured for
5 Mbps return link capacity, but
field FLCM-Forward Link
COMSAT/
Prodelin
01
Jisnu Comm.
ASN
Infinium
01
01
COMSAT
Advantech,
Canada
JRC
01
01
Andrews or
equivalent
ASN,
Canada
SSPBMK20-CRE
NJR2637E
01
01
01
24
9
10
11
12
Control manager, FLSS, DVB-S2
Modulation capacity licensed to
10 Mbps
PEP (TCP/HTTP acceleration)
licensed to 100 terminals
Netmanager TM including
Subscriber Management, QoS
Management, SLA
Management,Configuration
Management GUI Software
Licensed for 200 SITs
Documentation.
Traffic shaping QoS device –
Limited to 10 Mbps
TrainNet Servers with software
ASN,
Canada
ASN,
Canada
ASN,
Canada
Robo Group
01
01
Packeteer
6500-10
01
02
The Scope of Work along with the activities to be carried out in the CAMC is listed below:
A. Initially, the CAMC for NCERT EDUSAT HUB will be awarded for two years. It will
be further extended based on the past performance of the CAMC and mutual agreement
between Vendor and User Agency.
B. Vendor has to carry out all activities under Comprehensive Annual Maintenance of Ku
band Hub, on-site at CIET, NCERT Sri Aurobindo Marg, New Delhi 110016.
C. Vendor must provide break down service on 24 hours X 7 days basis for EDUSAT Hub.
D. The status of equipments of Hub at CIET can be verified by the vendor and submit the
list of operational equipments at the time of acceptance of contract. If any equipment at
Hub found faulty the repair of it shall be taken up separately.
E. The term comprehensive means vendor will diagnose repair / replace the faulty
component / system / peripherals / software for EDUSAT Hub at CIET using its own
resources within given time frame and make the system operational.
F. Vendor shall provide a single contact point with Help Desk, contact phone no. Email, Fax
& address etc., available on 24x7 hours basis, to carry out the activities under the purview
of this CAMC.
G. Vendor must follow the maintenance guidelines as specified in the service manual of the
Hub supplied by OEM (Advantech).
H. Vendor has to provide detailed maintenance plan.
25
I. Vendor has to prepare details maintenance report for each maintenance activity carried
out for Hub and sent to coordinator in CIET of EDUSAT network.
J. Vendor shall carry out preventive maintenance once? in a year under CAMC of
EDUSAT Hub of CIET network.
K. Vendor has to do software loading (if required), upgrades and bug fixation of the
software use in the Hub.
L. Vendor has to use their own test equipments and tools for maintenance activities.
M. Vendor should take care of the minor repair work like channeling, cable dressing etc. for
Hub during maintenance activity.
N. Vendor will carry out software upgrades, bug fixation and patches at Hub and SIT
provided all these are available free of cost by OEM. Under no circumstances any
hardware configuration change will be provided under CAMC for Hub.
O. Consumables like all type of batteries use in the Hub; Laptops if any, Projector Lamps,
CRT tubes are not covered under CAMC.
P. Any numbers of breaks down calls are to be attended by Vendor. The maximum
permissible down time is 1 (one) working day for Hub against the registering of the
complaint to vendor. Hub must be operational within specified time to maintain down
time as mentioned. Sufficient spares as recommended by OEM should be maintained by
vendor to meet down time in specified limit. The part replaced has to be same or
equivalent or higher specification. The faulty parts replaced can be taken by vendor.
Q. The import of the spares/parts for repair/replacement and its safe delivery on -site will be
the responsibility of the Vendor. CIET, NCERT will supply Custom/Excise duty
exemption certificate for importing spares during CAMC period only. However,
reimbursement of mandatory custom duty and freight charges will be borne by CIET,
NCERT on actual and after the vendor submits original document of the same for
processing the payment. However, the clearance charges for the material are to be borne
by the vendor.
For the purpose of the above clause, non-availability /degradation in the throughput of
service on account of the following shall not be construed as defect or interruption in
operations of the Hub:
26
1. Failure or fluctuation of electric power or other environmental conditions causing
electromagnetic or any other form of interference; or
2. Accident, re-shifting, neglect, misuse or fault of the end user, its employees or agents or
any third party; or
3. Any fault in any attachments or associated equipment, which is not supplied by Vendor,
4. Downtime caused due to EDUSAT Hub and Network operational necessities/optimization
and preventive maintenance thereto in consultation with all users
5. Non-Availability/degradation of satellite link /Transponder.
DOWN TIME COMPENSATION
In the event of any systems or stations/Hub found to be dysfunctional for more than
number of days provisioned for repair/replacement after lodgment of registered complaint
with firm, liquidated damages @2% subject to a maximum of 10% of the annual invoice
value applicable per SIT/Hub in the following manner
2. Annual Maintenance Charges (AMC) for : Online monitoring and remote maintenance
interactive teleconferencing system
of the total DVB-RCS based
SERVICE AVALIABILTIY The service provider should make all necessary
arrangements in terms of manpower, spares and logistics to ensure that the majority sites
remain up and operational. The expected Uptime of 99% over a one-year period will have
to be achieved. Individual SIT downtime refers to the time for which the SIT equipment
is unable to support the satellite link with the Hub, due to a failure of the VSAT, IDU,
BUC, LNBC, antenna feed, power adaptor cables connectors etc.
TELEPHONIC TECHNICAL SUPPORT As a preliminary measure, the engineer at
Help Desk will provide guidance to the staff member /In-charge to identify the fault and
to the extent feasible provide solutions across the telephonic support. In certain cases this
approach may be helpful to make the site operational.
3. Call basis charges for attending only break down calls, at site, for Satellite Interactive
Terminals (SIT) installed in each class room at the existing 90 (Ninety) different
locations all over the country.
Each Satellite interactive terminal (SIT) system consists of the following major items
27
Out Door Unit (ODU)
 1.2M antenna with feed, reflector and mount assemble.
 Ku Band Low Noise Block Converter(LNBC)
 KU-Band 2W Block Up Converter(BUC)
Indoor Unit (IDU)

VSAT Modem

All required connecting cables and accessories for IDUs and ODUs,
Cables, earthing etc.
Peripherals
The system and associated equipment, to be offered for the Call basis charges are as below:
Sr. No. Description of items per site
Each - SIT
1.
1.2M Ku Band Antenna System
2.
Ku Band 2W BUC
3.
Ku Band PLL LNBC
4.
Inter Facility Link Cable Set
5.
IDU – VSAT Modem
Classroom End Peripherals
1.
Video Capture Computer with win
7Pro Configured
2.
TFT Monitor
3.
Key board/Mouse sat
4.
Video Capture Card
5.
Graphic card with S Video and
PAL Conversion
6.
Video Handy cam with Tripod
7.
UHF Wireless Microphone
8.
Audio Amplifier
9.
Speaker with cable sat
Qty/per
site
Make Model
1
1
1
1
1
Andrew/Comsat
Zinwell/NJRC
Zinwell/NJRC
Standard
ASN SatNet
1
HP Pro 3330 MT
1
1
1
1
HP 17”
Standard
OSPREY 230
HP/Geforce
1
1
1
1
Sony DCR SX 45E
MIPRO MH801A
BOSCH
BOSCH
The services should be offered for online maintenance and repairing/replacement of the
spares/components/equipment per SIT.
28
The Scope of Work along with the activities to be carried out in the Annual Maintenance
services and for attending only break down calls
Vendor should quote a Rate contract for
Cost of each component, as per the list.
Visit charges etc.
 For Mainland Areas
 For Remote (In-Accessible areas)
Initially Fault identification will be carried out through remote maintenance/telephone,
If not possible, this will be communicated to CIET for approval for site visit
If approved, visit to the site, as per the rates quoted. (Traveling charges + DA+ visit charges)
Identification of the faulty component
 Cost of the component as per the rate quoted.
Repair/replacement of the component as per the quoted rates.
Verification/certification of the above repair by the in charge of the centre and duly
endorsed/signed by the head of the institute/centre. A copy to JD, CIET for records.
The bill of the repair/replacement will be raised to JD, CIET along with the certificate from the
centre.
The payment will be made as per the norms in the bidding document.
The import of the spares/parts for repair/replacement and its safe delivery on -site will be the
responsibility of the Vendor. CIET, NCERT will supply Custom/Excise duty exemption
certificate for importing spares during the AMC period only.
Activities for attending only break down calls on Call basis
A. COMPLAINT REGISTRATION:
1. The In-charge at respective site can log its complaint through a call /email to provide the
basic information on the problems faced. This registration can be done on all days.
2. In case of change in telephone numbers the same will be intimated within 48 hrs by the
vendor.
3. Complaint received through phone, e-mail, by fax or by letter shall be registered and
docket number will be assigned by firm and intimated to the User Agency /complainer.
4.
B. TELEPHONIC TECHNICAL SUPPORT
As a preliminary measure, the engineer at Help Desk will provide guidance to the
staff member /In-charge to identify the fault and to the extent feasible provide
solutions across the telephonic support. In certain cases this approach may be
helpful to make the site operational.
C. ON-SITE REPAIR/REPLACE/RE-WORK:
Based on telephonic discussion, fault identification would be done by vendor/service
provider.
Wherever there is a need to carry out on –site maintenance firm will send its engineer for
repair/replace/re-work. Docket number to be given on receipt of complaint.
29
The vendor will assess the work to be carried out and report the same to ciet and will
carry out the work only after the approval of the competent authority in case of site visit.
In case of specific situations where a particular location is unreachable for reasons of
flood etc. firm will carry out break down calls on best effort basis, however prior
exception to customer shall be taken on a case-to-case basis.
Monthly status report on the fault registration, docket no. and fault repair status to be
given with reference to the date and time of such activities, at the end of every month by
the vendor to each of the User Agency.
D.
SPARES:Under this annual maintenance services:
Vendor should quote cost of each component, as per the list. Firm will arrange and stock
sufficient spare parts for maintenance at his cost.
As a service provider/vendor reserves the right to use standard equivalent parts and
functional units in case of break downs.
E.
FUNCTIONAL COMMISSIONING, IF NECESSARY
Once all the repair work is over, vendor should make sure that all the components of the
system are working in all respect. Vendor has to submit PM Service report Break Down
report to customer as to what maintenance has been done on the reporting site. Once the
breakdown/ preventive maintenance is satisfactorily attended the service report will be
prepared by the vendor and approved by the concerned In-charge. All such reports shall
be submitted immediately to CIET designated officer.
F.
MATERIAL MOVEMENT AND FREEDOM OF ACCESS:
As a part of AMC activities, repair and replacement shall be carried out by engineer as
required to provide effective services. The User Agency is requested to provide
immediate help and cooperation in providing gate passes, certificates and authorization
letter for movement of personnel and material as and when required as a part of AMC.
Restrictions if any may be communicated in advance which may otherwise cause delay in
the AMC activity. Firm personnel should be provided easy access to wherever VSAT
equipments are installed as well as movement on terrace for antenna maintenance as and
when required for discharge of AMC services.
DOWN TIME COMPENSATION
In the event of any systems or stations/Hub found to be dysfunctional for more than
number of days provisioned for repair/replacement after lodgment of registered complaint
with firm, liquidated damages @2% subject to a maximum of 10% of the annual invoice
value applicable per SIT/Hub in the following manner
For Mainland Areas:
From 4-7 days of down time- 2% of annual invoice value for that particular site.
From 8-15 days-5% of annual invoice value for that particular site
Above 15days -10% of annual invoice value for that particular site
30
For Remote (In-Accessible areas)
From 8-15 days of down time – 2% of annual invoice value for that particular site
15 days -10% of annual invoice value of for that particular site.
The above LD charges shall be applicable and compensated for only those sites which
are down as specified above. For the purpose of LD calculation annual charges
applicable per site shall be used. Delays due to non-receipt of way bills/road permits
shall be excluded from LD calculations.
PAYMENT
Payment shall be made on quarterly advance basis against a BG from a scheduled Bank
and on submission of the bill to the user organization signing the contract in duplicate
duly certified by the user to the effect that the systems are serviced or working
satisfactory. The charges for AMC shall be as per table given at Annexure II. The
deduction towards income tax shall be made from the bill as per the income tax act in
force.
CONTACT PERSONMr.
M.P. Singh, Sr. Engineer will be the focal point to co-ordinate to the work relating to this
contract from CIET.
ARBITRATION
Dispute if any shall be settled mutually, failing which it shall be referred to a one man
Arbitrator appointed by the User Agency in consultant with the Director DECU,
Ahmadabad whose decision shall be final and binding on both the parties.
TERMINATION OF THE CONTRACT:
CIET reserves the right to terminate the work order if the performance of the contractor
is found to be unsatisfactory during currency of the contract by giving one-month notice
in writing after settling any financial implications on either side.
Address of Focal Person of CIET Edusat Network
Joint Director,
Central Institute of Educational Technology (CIET)
National Council of Educational Research & Training (NCERT),
Chacha Nehru Bhawan, Sir Aurobindo Marg,
New Delhi – 110016
Tel. No. 011-2686 4801-10, 011-2696 2580, (M) 0 98116 17974
31
Fax No: 011-2686 4141
E-mail: jtdirector_ciet@hotmail.com
SECTION VI
BID SUBMISSION FORM AND PRICE SCHEDULE
(Referred to in Clause 9 part-II
(Bid Submission Form)
Dated: -.............................
Bid No.:-----------------------------The Joint Director,
Central Institute of Educational Technology (CIET)
National Council of Educational Research and Training (NCERT)
Sri Aurobindo Marg, New Delhi- 1100016
We, the undersigned, declare that:
(a)
We have examined and have no reservations to the Bidding Documents, including
Addenda No.: [insert the number and issuing date of each Addenda];
32
(b) We offer to supply in conformity with the Bidding Documents and in accordance with
the Delivery Schedules specified in the Schedule of Requirements the
following Goods and
Related Services [insert a brief description of the Goods and
Related Services]; We have
placed in the Financial Bid's envelope the following
Information.
(i)
The total price of our Bid, excluding any discounts offered
(ii)
The discounts offered and the methodology for their application
Methodology of Application of the Discounts. (Specify in detail the method that shall be
used to apply the discounts]:
(iii) The following commissions, gratuities, or fees have been paid or are to be paid with respect
to the bidding process or execution of the Contract: [insert complete name of each
Recipient, its full address, the reason for which each commission or gratuity was paid and
the amount and currency of each such commission or gratuity]
Name of Recipient
Address
Reason
Amount
(If none has been paid or is to be paid, indicate “none.”)
(c) Our bid shall be valid for the period of 120 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.
(d) If our bid is accepted, we commit to obtain a performance security in accordance
with
ITB Clause 34 and COC Clause 06 for the due performance of the Contract. We agree that
the following documents are deemed to be the part of the Bid.
Section
Particulars
Section I
Invitation for Bids
Section II
Instructions to Bidders
Section III
Bidding Data Sheet
Section IV
Qualification Criteria
Section V
Schedule of Requirement and Specifications
Section VII
Condition of Contract
Section VIII
Contract Form
(f)
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.
(g)
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".
(h)
We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf will engage in bribery.
(i)
We understand that you are not bound to accept the lowest or any Bid you may receive.
33
(J)
(k)
(l)
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 confirm that we comply with the eligibility requirements as per Clause 3 of the
Instruction to Bidders.
We have placed in the Technical Bid’s envelope all the documents required in Clause-09
of the Instructions to Bidders.
Dated this ..........day of....………………………...20.... ...................................................
(Signature)
Duly authorized to sign Bid for and on behalf of .............................................................
Signed: [insert signature of person whose name and capacity are shown]
In the capacity of [insert legal capacity of person signing the Bid Submission Form]
Name: [insert complete name of person signing the Bid Submission Form]
Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]
34
PRICE SCHEDULE
(for Financial bid envelope)
A.
S. No
1
EDUSAT
Hub
installed at
CIET,
NCERT
CAMC Price
in Indian
Rupee
2
3
Qty.
Total
4
Service
Tax/VAT/Other
taxes
5
Grand Total
(5+6)
6
7
CAMC
Period
8
B. Annual Maintenance Charges on call basis
for online maintenance and
repairing/replacement of 90 (Ninety) Satellite Interactive Terminals (SIT) at different
locations all over the country on Call base mode per SIT.
S. No
1
EDUSAT
NCERT
Network
(90)
Terminals
across the
country
2
AMC Price
in Indian
Rupee
3
Qty.
4
Total
Service
Tax/VAT/Other
taxes
5
6
Grand Total
(5+6)
7
CAMC
Period
8
35
SECTION VII
CONDITIONS OF CONTRACT
INDEX
1. Definitions
2. Contract Documents
3. Entire Agreement
4. Specifications 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 Vendor’s Performance
18. Liquidated Damages
19. Termination for Default
20. Termination of Insolvency
21. Termination of Convenience
22. Resolution of Disputes
23. Penalty for Use of Undue Influence
24. Governing Language
25. Notices
26. Taxes and Duties
27. Additional Order
36
CONDITIONS OF CONTRACT
01. Definitions
01.01
(a)
(b)
02
In this Contract, the following terms shall be interpreted as indicated:
"The Contract” means the agreement entered into between the User Agency and
the Vendor, as recorded in the Contract Form signed by both 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.
(c)
“Contract Price” means the price payable to the Vendor as specified in the
Purchase Order Agreement, subject to such additions and adjustments thereto or
deductions there from, as may be made pursuant to the Contract.
(d)
“Day” means calendar day.
(e)
“Completion” means the fulfillment of supply of Equipment, Installation,
Testing, Commissioning and satisfactory working by the Vendor in accordance
with the terms and conditions set forth in the Contract.
(f)
“COC” means the Conditions of Contract.
(g)
“Equipment” means all of the commodities and/or other materials that the
Vendor is required to supply to the User Agency under the Contract to complete
the system specified.
(h)
“The User Agency” means the Central Institute of Educational Technology,
(CIET) NCERT, New Delhi and includes its successor and assignees,
(i)
"Related Services" and “Services” means services ancillary to the supply of the
Equipment, such as transportation, insurance, custom clearance and any other
incidental services and other obligations of the Vendor covered under the
contract;
(j)
“Vendor” 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 User Agency and is named as such in the Contract Agreement.
Contract Document
37
02.01
1.
2.
3.
4.
5.
6.
7.
03
Subject to the order of precedence set forth below, all documents forming the
Contract. (and all parts thereof) are intended to be correlative, complementary,
and mutually explanatory. The Contract Agreement shall be read as a whole.
Contract Agreement
Condition of Work
Schedule of Requirements and Specifications
Bid Submission Form and Price Schedule
Instruction to Bidders with BDS
Invitation for Bids
(a) Bank Guarantee Form for Performance Security
(b) Manufacturers Authorization Certificate.
Entire Agreement
03.01
The Contract constitutes the entire agreement between the User Agency and the
Vendor 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 services offered under this Contract shall conform to the standards mentioned
in the Section V and the standards mentioned in the Schedule of Requirements
and Specifications.
05. Patent Rights
05.01
The Vendor shall indemnify the User Agency against all third-party claims of
infringement of patent, trademark or industrial design rights arising from use of
the Equipment or any part thereof in the User Agency's country.
06. Performance Security
06.01
Within 15 (fifteen) days after the User Agency's issue of the notification of award,
the Vendor shall furnish Performance Security to the User Agency for an amount
of 10 percent of the Contract value.
38
06.02
Performance Security should remain valid for a period of 60 (sixty) days beyond
the date of completion of all contractual obligations of the Vendor including
warranty obligations of any replacement.
06.03
The proceeds of the Performance Security shall be payable to the User Agency as
compensation for any loss resulting from the Vendor's failure to complete his/her
obligations under the contract.
06.04
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 Nationalized Bank of India.
06.05
In the event of any contract amendment, the Vendor 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.
07. Inspections and Tests
For replacement of any equipment from the original installed, User Agency
07.01
The User Agency as per the list of equipment listed in Section V Schedule of
Requirement & Specification will conduct inspection and testing periodically.
07.02
Should any inspected or tested Equipment fail to conform to the specifications,
the User Agency may reject them and the Vendor shall either replace the rejected
Equipment or make all alterations necessary to meet specification requirements
free of cost to the User Agency, within a period of 10 (Ten) days of intimating
such rejection..
07.03
The User Agency's right to inspect, test and, where necessary, reject the
Equipment after the Equipment' arrival at the final destination shall in no way be
limited or waived by reason of the Equipment having previously been inspected,
tested and passed by the User Agency or its representative prior to the Equipment
dispatch from the place of manufacture.
07.04
Nothing in Clause 06 above shall in any way release the Vendor from any
Warranty or other obligations under this contract.
08. Insurance
39
08.01
The items taken out of the User Agencies premises for repair / replacement of the
Equipment or its supply shall be fully insured by the Vendor at his/her own cost
against loss or damage incidental to manufacture or acquisition, transportation,
storage and delivery.
09. Incidental Services
09.01
As specified in the Contract Form the Vendor may be required to provide any or
all of the following services, including additional services for import of Spares,
etc:
(a)
(b)
Loading at point of dispatch
Unloading at point of delivery
09.02
No additional cost will be borne by the User Agency towards these
services.
09.03
The Vendor will be coordinating with his principal manufacturer and will
be responsible for all transactions related for safe delivery of the equipment at the
premises of each the User Agency. However, User Agency will be supplying the
necessary documents for clearing the consignment.
User Agency (CIET, NCERT) is not liable to pay any
penalty/demurrage/other expenses, if any, during transit of the
spares/equipment from the manufacturer’s end to CIET.
10
B. Related services to be provided by the bidder.
a)
b)
The Vendor should undertake any replacement of equipment or part or
modification, for proper performance and completeness of the system, at his own
cost.
Any up gradation of software versions should be incorporated in the
system, free of cost, during the CAMC period.
12. Warranty
12.01
The Vendor warrants that the Equipment supplied/replaced under this Contract
are new and first quality, unused and of the most recent model. The Vendor
further warrants that all Equipment supplied under this Contract shall have no
defect (even concealed) arising from design, materials or workmanship or from
any act or omission of the Vendor, which may develop under normal use of the
supplied Equipment.
12.02
This warranty shall remain valid for 15 (fifteen) months after the equipment or
any portion thereof as the case may be, have been delivered to the final
destination and taken over by the consignee to the entire satisfaction of the User
40
Agency or 12 (twelve) months from Installation, testing, commissioning and
satisfactory performance of the system whichever is later.
13.
12.03
The User Agency /indenter shall promptly notify the Vendor in writing of any
claims arising under this warranty.
12.04
Upon receipt of such notice, the Vendor shall, with all reasonable speed, replace
the defective Equipment or parts thereof, free of cost at the ultimate destination.
The Vendor shall take over the replaced Equipment at the time of their
replacement. No claim whatsoever shall lie on the User Agency for the replaced
Equipment thereafter.
12.05
If the Vendor, having been notified, fails to remedy the defect(s) within a
reasonable period, the User Agency may proceed to take such remedial action as
may be necessary, at the Vendor's risk and expense and without prejudice to any
other rights which the User Agency may have against the Vendor under the
contract.
12.06
The warranty for defective Equipment will begin de novo from the date of
replacement. Vendor will pay all taxes, and duty and all expenses up to the
destination for the replaced Equipment.
12.07
The Vendor shall warrant/ensure after, sale service and availability of spares for
the supplied equipment for a period of at least 5 years after the expiring of
warranty period.
Terms of Payment
A. Payment of CAMC charges.
14.04 (a) Vendor shall submit the claim with a document containing a technical certificate
duly signed from User Agency (CIET, NCERT) towards satisfactory completion of
break down calls attended on quarterly basis.
14.05 Vendor shall send the bill /claim to “The Joint Director, Central Institute of
Educational Technology (National Council of Educational Research and Training),
Sri Aurobindo Marg, New Delhi-110016 (INDIA)”.
14.06 The payment shall be released in form of cheque only.
B. Payment of Mandatory Custom duty.
41
The payment of mandatory custom duty will be released after receipt of spare/equipment
in good condition and original documents of payment made towards custom duty.
14. Prices
14.01
Prices charged by the Vendor for CAMC charges/spare/Equipment delivered
under the contract shall not vary from the prices mentioned in the Award of
Contract.
14.02
The charges for the above work shall in no event exceed the lowest charges at
which you service the EDUSAT Hub& TE of identical description/network
size/terms & condition to any other party during the currency of the contract. If, at
any time during the said period, you reduce the charges for similar work to any
other Vendor, you shall forthwith notify the same to us and the charges payable
under the contract for the service shall stand correspondingly reduced.
15. Contract Amendments
15.01
No variation in or modification of the terms of the Contract shall be made except
by written amendment signed by the parties.
16. Assignment
16.01
Neither the User Agency nor the Vendor shall assign, in whole or in part, its
obligations to perform under the Contract, except with the prior written consent of
the other party.
17. Delays in the Vendor's Performance
17.01
Delivery of the spares/Equipment and performance of the Services shall be made
by the Vendor in accordance with the time schedule specified in the notification
of award.
17.02
Any unexcused delay by the Vendor in the performance of its services and
delivery obligations shall render the Vendor liable to any or all of the following
sanctions:
forfeiture of its Performance Security,
imposition of Liquidated Damages and/or
Termination of the Contract for defaults
17.03
If at any time during performance of the contract, the Vendor should encounter
conditions impeding timely delivery of the spares/Equipment, the Vendor shall
promptly notify the User Agency in writing of the fact of the ‘delay, its likely
duration and its cause(s). As soon as practicable after receipt of the Vendor’s
notice, the User Agency shall evaluate the situation and may, at its discretion,
extend the Vendor’s time for performance with or without liquidated damages, in
42
which case the extension shall be ratified by the parties by amendment of the
contract.
18. Liquidated Damages
18.01
For delays: Time and date of satisfactory services for the system shall be essence of the
contract. The faults reported / lodged from the user must be attended and repaired
within one working day from the date of report of complaint. If the Vendor fails
to do this with in the period specified in the award of contract, the User Agency
shall, without prejudice to its other remedies under the contract, deduct liquidated
damages from the Contract Price not by way of penalty. This is an agreed,
genuine pre-estimate of damages duly agreed by the parties. Recovery from the
Vendor as agreed liquidated damages will be calculated for each subsequent day
of delay after two days from the date of lodging the complaint, 0.2 % quarterly
CAMC value per day will be recovered from the bill with ceiling of 5 % of total
quarterly CAMC value.
19. Termination for Default
19.01
The User Agency may without prejudice to any other remedy for breach of
contract, by written notice of default sent to the Vendor, terminate the contract in
whole or part:
(a) if the Vendor fails to provide satisfactory performance within the time
period(s) specified in the Contract, or within any extension thereof granted by
the User Agency pursuant to Clause 17.03; or
(b) if the Vendor fails to perform any other obligation(s) under the contract.
(c) if the Vendor, in the judgment of the User Agency, has engaged in fraud and
corruption, in competing for or in executing the Contract.
19.02
In the event the User Agency terminates the contract in whole or in part, pursuant
to Clause 19.01, the User Agency may procure upon such terms and in such
manner, as it deems appropriate, Equipment or Services similar to those
undelivered, and the Vendor shall be liable to the User Agency for any excess
costs for such similar Equipment or Services. However, the Vendor shall continue
the performance of the contract to the extent not terminated.
20. Termination for Insolvency
20.01
The User Agency may at any time terminate the contract by giving written notice
to the Vendor, if the Vendor becomes bankrupt or otherwise insolvent. In this
event, termination will be without compensation to the Vendor, provided that
43
such termination will not prejudice or affect any right of action or remedy which
has accrued or will accrue thereafter to the User Agency.
21. Termination for Convenience
21.01 The User Agency, by written notice sent to the Vendor, may terminate the
contract, in whole or in part, at any time for its convenience. The notice of
termination shall specify that termination is for the User Agency's convenience,
the extent to which performance of the Vendor under the contract is terminated,
and the date upon which such termination becomes effective.
22. Resolution of Disputes
22.01 The User Agency and the Vendor 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.
22.02 If, after thirty (30) days, the parties have failed to resolve their Dispute or
Difference by such mutual consultation, then either the User Agency or the Vendor
may give notice to the other party of its intention to commence arbitration, as
hereinafter provided, as to the matter in dispute, and no arbitration in respect of this
matter may be commenced unless such notice is given.
22.03
Any dispute or difference in respect of which a notice of intention to
commence arbitration has been given in accordance with this Clause shall be finally
settled by arbitration. Arbitration may be commenced prior to or after the CAMC
period under the Contract.
22.04 Arbitration proceedings shall be conducted in accordance with the rules of
procedure specified below:(a) This disputes or difference shall be settled in accordance with the Arbitration
and Conciliation Act, 1996. The arbitral tribunal shall consist of 3 arbitrators
one each to be appointed by the User Agency and the Vendor. The third
Arbitrator shall be chosen by the two Arbitrators so appointed by the Parties
and shall act as Presiding arbitrator. In case of failure of the two arbitrators
appointed by the parties to reach upon a consensus within a period of 30 days
from the appointment of the arbitrator appointed subsequently, the Presiding
Arbitrator shall be appointed by the Institution of Engineers, (India). Each of
the arbitrators must be Technical Experts in satellite broadcasting.
(b) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a)
above, within 30 days after receipt of the notice of the appointment of its
arbitrator by the other party, then the Institution of Engineers, (India) shall
appoint the arbitrator. A certified copy of the order of the Institution of
44
Engineers, (India) making such an appointment shall be furnished to each of
the parties.
(c) Arbitration proceedings shall be held at New Delhi-India, and the language of
the arbitration proceedings and that of all documents and communications
between the parties shall be English.
(d) The decision of the majority of arbitrators shall be final and binding upon both
parties. The cost and expenses of Arbitration proceedings will be paid as
determined by the arbitral tribunal. However, the expenses incurred by each
party in connection with the preparation, presentation etc. of its proceedings
as also the fees and expenses paid to the arbitrator appointed by such party or
on its behalf shall be borne by each party itself.
(e) Where the value of the contract is Rs. 10 million and below, the disputes or
differences arising shall be referred to the Sole Arbitrator who must be
Technical Expert in satellite broadcasting. The Sole Arbitrator should be
appointed by agreement between the parties; failing such agreement, by the
appointing authority namely The Institution of Engineers, (India).
22.05
Notwithstanding any reference to arbitration herein,
(a) the parties shall continue to perform their respective obligations under the
Contract unless they otherwise agree; and
(b) the User Agency shall pay the Vendor any money due the Vendor.
23. Penalty for Use of Undue Influence
23.01 The Vendor undertakes that he has not given offered or promised to give directly
or indirectly any gift, consideration, toward commission fees, brokerage or
inducement to any person in service of the User Agency or other wise in procuring
the Contract or forbearing to do or for having done or forborne to do any act in
relation to the obtaining or execution of the contract or any other contract with the
Government for showing or forbearing to show.
23.02 Favor or disfavor to any person in relation to the Contract or any other
Contract with the Government, any breach of the aforesaid undertaking
by the Vendor or any one employed by him or action on his behalf (whether with
or without knowledge of the Vendor) or the commission of any offence by the
Vendor or anyone employed by him or action on his behalf as defined in Chapter
LX or any other Act enacted for the prevention of corruption shall entitle the User
Agency to cancel the contract and all or any other contracts with the Vendor and
recover from the Vendor the amount of any loss arising from such cancellation.
A decision of the User Agency or his nominee to the effect that a breach of the
undertaking has been committed shall be final and binding on the Vendor.
45
23.03
24
Giving or offering of any gift bribe or inducement or any attempt to any such act
on behalf of the Vendor towards any officer employed of the Vendor or to any
other person in a position to influence the decision of the Vendor directly or
indirectly or any attempt to influence any officer employee of the Vendor for
showing any favor in relation to this or any other contract shall render the Vendor
to such liability penalty, as the Vendor may deem proper, including but not
limited to termination of the contract, imposition of penal damage, forfeiture of
the Bank guarantee and refund of the amounts paid by the Vendor.
Governing Language
24.01 The contract shall be written in Hindi / English.
25. Notices
25.01 Any notice given by one party to the other pursuant to this contract shall be sent
to other party in writing or facsimile and confirmed in writing to the other Party’s
address specified for the purpose in the notification of award/contract. The notice
will be effective when delivered. In case the other party refuses to accept the
notice, the notice shall be deemed to have become effective one week after the
date of dispatch through registered post.
26. Taxes and Duties
26.01
The Vendors shall be entirely responsible for all taxes, duties, license fees, octroi,
road permits, etc., incurred until delivery of the contracted Equipment to the User
Agency. However, Sales tax/VAT (not surcharge in lieu of Sales tax) in respect of
the transaction between the User Agency and the Vendor shall be payable extra, if
so stipulated in the Notification of Award/Contract.
27. Additional Order
27.01
The User Agency reserves the right to place additional order for the additional
services in the original order with the Vendor on the same rate and terms and
conditions any time between the awards of contract up to 30 days before the
commencement of the contract on the mutually agreed schedule.
46
SECTION VIII
CONTRACT FORM
THIS AGREEMENT made the ............ day of ......................, 200… between CIET, NCERT
(hereinafter called "the User Agency") of the one part and .................................. (Name of
Vendor) of .................. (address)................................................................................... (hereinafter
called "the Vendor") of the other part.
WHEREAS the User Agency is desirous that certain Equipment and ancillary services
viz
.,.....................................(Brief Description of Equipment and Services) and has accepted a bid by
the Vendor for the supply of those Equipment and services in the sum of .............................
(Contract Price in Words and Figures) (hereinafter called "the Contract Price").
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz.:
Section
Section I
Section II
Section III
Section IV
Section V
Section VII
Section VIII.
Particulars
Invitation for Bids.
Instructions to Bidders
Bidding Data Sheet
Qualification Criteria
Schedule of Requirement and specification
Condition of Contract
Contract form
3. In consideration of the payments to be made by the User Agency to the Vendor as hereinafter
mentioned, the Vendor hereby covenants with the User Agency to provide the Equipment
and services and to remedy defects therein in conformity in all respects with the provisions of
the Contract.
4. The User Agency hereby covenants to pay the Vendor in consideration of the provision of
the Equipment and services and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.
47
Brief particulars of the Equipment and services which shall be supplied/provided by the Vendor
are as under:
Sl. No.
1
Brief
Description
of
Equipment
& Services
Quantity to
be Supplied
2
3
Total
Price
Unit
Price
4
Delivery
Terms
5
6
TOTAL VALUE: Rs…………....…(Rupees…….……………………………………)
48
SECTION – IX A
BANK GURANTEE FORM
(For Earnest Money)
Date………………….……….
Bank Guarantee No…………..
Amount Rs……………………
Joint Director
Central Institute of Educational Technology (CIET)
National Council of Educational Research and Training (NCERT)
Sri Aurobindo Marg,
New Delhi-110016
Amount of guarantee: Rs……………
Guarantee cover from:………………
LAST DATE FOR LODGEMENT OF CLAIM:…………………………………
Whereas……………………………………………………………………..
(hereinafter called the “tenderer”)
has submitted their offer dated …………………………………………………………for
the supply of………………………………………………………………………………..
(hereinafter called the “tender”)
against the User Agency’s tender enquiry No………………………………………………….
KNOW ALL MEN by these presents that WE…………………………………………….
of…………………………………………………having our registered office at
……………………………………………..are bound unto………………………………..
(hereinafter called the “User Agency”)
in the sum of ………………………………………………………………………………..
for which payment will and truly to be made to the said User Agency, the bank binds itself, its
successors and assigns by these presents. Sealed with the Common Seal of the said Bank
this……………… day of ……………20………
THE CONDITIONS OF THIS OBLIGATION ARE:
(1)
(2)
If the tenderer withdraws or amends, impairs or derogates from the tender in any
respect within the period of validity of this tender.
If the tenderer having been notified of the acceptance of his tender by the User Agency
during the period of its validity:-
49
a) If the tenderer fails to furnish the Performance Security for the due performance
of the contract.
b) Fails or refuses to accept / execute the contract.
WE undertake to pay the User Agency up to the above amount upon receipt of its first
written demand, without the User Agency having to substantiate its demand, provided
that in its demand the User Agency will note that the amount claimed by it is due to it
owing to the occurrence of one or both the two conditions, specifying the occurred
condition or conditions.
This guarantee will remain in force upto and including 45 days after the period of tender
validity and any demand in respect thereof should reach the Bank not later than the above
date.
………………………………………….
(Signature of the authorized officer
of the Bank)
……………………………………….
Name and designation of the officer
……………………………….
Seal, name & address of the Bank and address of the Branch
SECTION IX - B
BANK GUARANTEE FORM
(For Performance Security)
50
Date…………………………..
Bank Guarantee No…………
Amount Rs.:…………………
Joint Director
Central Institute of Educational Technology (CIET)
National Council of Educational Research and Training (NCERT)
Sri Aurobindo Marg,
New Delhi-110016
Amount of guarantee: Rs……………
Guarantee cover from:………………
LAST DATE FOR LODGEMENT OF CLAIM:……………
WHEREAS…………………………………………………………………………………
(name and address of the Vendor )
pursuance of contract no……………..
(hereinafter called “the Vendor”) has undertaken, in
dated……… to supply (description of goods and
services) (herein after called “the contract”).
AND WHEREAS it has been stipulated by you in the said contract that the Vendor shall
furnish you with a bank guarantee by a scheduled commercial bank for the sum specified therein
as security for compliance with its obligations in accordance with the contract.
AND WHEREAS we have agreed to give the Vendor such a bank guarantee:
NOW THEREFORE We hereby affirm that we are guarantors and responsible to you, on
behalf of the Vendor, up to a total of ………………………………………………..(amount of
the guarantee in words and figures), and we undertake to pay you, upon your first written
demand declaring the Vendor to be in default under the contract and without cavil or argument,
any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to
prove or to show grounds or reasons for your demand or the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Vendor before
presenting us with the demand.
51
We further agree that no change or addition to or other modification of the terms of the
contract to be performed there under or of any of the contract documents which may be made
between you and the Vendor shall in any way release us from any liability under this guarantee
and we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid until the ……. Day of …..…..20…….
(Signature of the authorized officer of the Bank)
………………………………………………….
Name and designation of the office
…………………………………………………..
…………………………………………………..
Seal, name & address of the Bank and address of the Branch
SECTION X
(Please see Clause 03-01of Instruction to Bidders)
MANUFACTURERS' AUTHORIZATION CERTIFICATE*
No.....................
Dear Sir,
dated………………
52
We
.............……………………………………………………..................
who
are
official
manufacturers of...........……………….......... (name and description of Equipment offered) having
manufacturing unit at ……………......…....... (address of Regd. Office) do hereby authorize M/s
...............………………….…............ (Name and address of Bidder). The purpose of which is to
carry out Comprehensive Annual Maintenance Contract for EDUSAT Hub and Teaching End in
CIET, NCERT and to be provide the support and spares of the equipment, manufactured by us.
We hereby extend our full guarantee and warranty as per Clause 12 of the Conditions of
Contract (Section VII) for the Equipment and services offered by the above firm.
Yours faithfully,
(Signature of the Authorized Signatory)
(Name of manufacturers)
* Note: This letter of authority should be on the letterhead of the manufacturer and should be
signed by the person competent and having the power of attorney to legal binds the
manufacturer. It should be included by the Bidder in its Bid.
SECTION XI
NOTIFICATION OF AWARD
[Letter head of the User Agency]
Date.....................
To
.............................................[Name and address of the Vendor]
.............................................
.............................................
53
Dear Sir or Madam,
This is to notify you that your Bid dated the ................…............for the Comprehensive Annual
Maintenance Contract for EDUSAT Hub installed at CIET, NCERT and its satisfactory
performance [give particulars of the Equipment to be supplied as given in the Instruction to the
Bidders] for the contract Price of Rupees................................. [in figures] (........................................)
[Amount in words], as corrected in accordance with the Instructions to Bidders is hereby accepted
by..................... [Name of User Agency].
2. You are hereby requested to furnish Performance Security, in the form detailed in clause 35 of
the Instruction to Bidders for an amount equivalent to Rs................ [in figures]
(................................) [Amount in words] within 15 days of the receipt of this letter of
acceptance valid upto 18 months [Insert the period], i.e. valid upto .......... [Insert the last date of
validity] and sign the contract; failing which action as stated in
Clause 35.02 of Instructions
to Bidders will be taken.
Yours faithfully,
Name and title of the Authorized Signatory
Along with condition of contract