SECTION VII
CONDITIONS OF CONTRACT
INDEX
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Definitions
Contract Documents
Entire Agreement
Specification and Standards
Patent Rights
Performance Security
Inspections and Tests
Packing and Documents
Delivery and Documents
Insurance
Incidental Services
Warranty
Terms of Payment
Prices
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
28
Contract Amendment
Assignment
Delays in Supplies Performance
Liquidated Damages
Termination for Default
Force Majeure Clause
Termination of Insolvency
Termination of Convenience
Resolution of Disputes
Governing Language
Notices
Taxes and Duties
Adherence to specification
Additional/Reduce Order
SECTION VII
CONDITIONS OF CONTRACT
01.
Definitions
01.01 In this contract, the following terms shall be interpreted as indicated:
(a)
"the contract" means the agreement entered into between the Purchaser and the Supplier,
as recorded in the Contract Form signed by the parties, including all the attachments and
appendices thereto and all documents incorporated by reference therein.
(b)
“Contract Documents” means the documents listed in the Contract Agreement,
including any amendments thereto.
(c)
“Contract Price” means the price payable to the Supplier as specified in the Contract
Agreement, subject to such additions and adjustments thereto or deductions there from,
as may be made pursuant to the Contract.
(d)
“Day” means calendar day.
(e)
Completion means the fulfilment of supply of goods by the supplier in accordance with
the terms and conditions set forth in the contract with a variation of 5% more or less
than the size-wise, gsm-wise and lot-wise quantity offered in the contract
“COC” means the Conditions of Contract.
(f)
02
(g)
“Goods” means all of the commodities and/or other materials that the Supplier is
required to supply to the Purchaser under the Contract.
(h)
“The Purchaser” means the National Council of Educational Research and Training,
New Delhi and includes its successor and assignees,
(i)
"Related Services" and “Services” means services ancillary to the supply of the Goods,
such as transportation and insurance, and any other incidental services and other
obligations of the Supplier covered under the contract;
(j)
“Supplier” means the natural person, private or government entity, or a combination of the
above, whose Bid to perform the Contract has been accepted by the Purchaser and is
named as such in the Contract Agreement.
Contract Documents
02.01 Subject to the order of precedence set forth below, all documents forming the Contract (and
all parts thereof) are intended to be co-relative, complementary, and mutually explanatory.
The Contract Agreement shall be read as a whole.
i. Contract Agreement
ii. Conditions of Contract
iii. Schedule of Requirements and Specifications
29
iv. Bid Submission Form and Price Schedule
v. Instruction/Informations to Bidders with BDS
vi. Invitation for Bids
vii. (a) Bank Guarantee for Performance Security
(b) Manufacturers Authorization.
03
Entire Agreement
03.01 The Contract constitutes the entire agreement between the Purchaser and the Supplier and
supersedes all communications, negotiations and agreements (whether written or oral) of the
parties with respect thereto made prior to the date of Contract.
03.02 No amendment or other variation of the Contract shall be valid unless it is in writing, is
dated, expressly refers to the Contract, and is signed by a duly authorized representative of
each party thereto.
04.
Specifications and Standards
04.01 The goods supplied under this contract shall conform to the standards mentioned in Section V,
Schedule of Requirements and Specifications.
05.
Patent Rights
05.01 The Supplier shall indemnify the Purchaser against all third-party claims of infringement of
patent, trademark or industrial design rights arising from use of the Goods or any part thereof
in the Purchaser's country.
06.
Performance Security
06.01 Within 7 (seven) days after the purchaser's issue of the notification of award, the Supplier shall
furnish Performance Security to the Purchaser for an amount of seven percent of the contract
value, valid for a period of 12 months from the date of award of contract.
06.02
The proceeds of the Performance Security shall be payable to the Purchaser as compensation
for any loss resulting from the Supplier's failure to complete his/her obligations under the
contract.
06.03 The Performance Security shall be denominated in Indian Rupees and shall be in the form of
a Bank Guarantee in the prescribed proforma given in Section IX-B issued by any of the
Scheduled Bank.
06.04 In the event of any contract amendment, the Supplier shall, within 21 (twenty one) days of
such amendment, furnish the amendment to the Performance Security, rendering the same
valid for the contract, as amended.
30
06.05 Any unauthorised use of water mark shall result in forfeiture of performance security. The
dandy of NCERT water mark will be destroyed in the presence of a representative of the
purchaser who will certify that the NCERT water mark dandy has been destroyed after the
supply of the last lot of paper or before the release of the performance security.
07.
Inspections and Tests
07.01 Inspection and testing will be conducted by DGS&D as per the specifications and special test
details indicated in Section V Schedule of Requirement & Specification. The DGS&D
inspection charges will be borne by the purchaser.
07.02 The Purchaser may also have inspection and testing conducted at other
government/government recognised (NABL accredited) testing agencies, the cost of which
will be borne by the purchaser.
07.03 In case the inspection conducted by other Government agency referred to at clauses 07.02 fails
with reference to any property, the supplier may request for another inspection to be conducted
jointly in the presence of the Purchaser and the Supplier by the DGS&D.
07.04 i) The cost of the inspection conducted under clause 07.03 will be borne by the Purchaser if the
sample of paper passes the inspection test.
ii) The cost of inspection conducted under clause 07.03 will be borne by the Supplier if the
samples of paper fails to clear the inspection and test.
07.05 The inspections and tests may be conducted in the premises of the Supplier at point of delivery
and/or at the final destination of the goods. If conducted on the premises of the Supplier, all
reasonable facilities and assistance, shall be furnished to the Inspectors at no charge to the
Purchaser.
07.06 Should any inspected or tested Goods fail to conform to the specifications, the Purchaser may
reject them and the Supplier shall either replace the rejected goods or make all alterations
necessary to meet specification requirements free of cost to the Purchaser, within a period of
10 (Ten) days of intimating such rejection..
07.07 The Purchaser's right to inspect, test and, where necessary, reject the Goods after the Goods'
arrival at the final destination shall in no way be limited or waived by reason of the Goods
having previously been inspected, tested and passed by the Purchaser or its representative prior
to the Goods despatch from the place of manufacture.
07.08 Nothing in Clause 08 shall in any way release the Supplier from any warranty or other
obligations under this contract.
07.09 The Purchaser reserves the right to inspect the premises of the Supplier where the paper with
NCERT watermark is being manufactured.
31
08.
Packing and Documents
08.01 The packing of paper should be as per specification laid down in Section V. Other
specifications as per DGS&D based norms in section V.
08.02 The packing, marking and documentation within and outside the packages shall comply
strictly with such special requirements as shall be provided for in the contract and subject to
clause 08.01, or any subsequent instructions ordered by the purchaser.
09.
Delivery and Documents
09.01 Delivery of the Goods shall be made by the Supplier in accordance with the terms specified by
the Purchaser in the Notification of Award.
09.02 Within 24 hours of despatch, the Supplier shall notify the Purchaser, consignee, the full details
of despatch and also supply the following documents:
i
ii
iii
iv
v
10.
Copies of Supplier's Invoice showing goods description, quantity, unit price and total
amount,
Railway receipt/consignment note/acknowledgement for receipt of goods from the
consignee(s),
Manufacturer's/Supplier's Guarantee Certificate,
Inspection Certificate issued by the nominated inspection agency, where applicable, and the
supplier's factory inspection report,
Any other document specified in the notification of award/contract.
Insurance
10.01 The Goods supplied under the contract shall be fully insured by the Supplier at his/her own
cost against loss or damage incidental to manufacture or acquisition, transportation, storage
and delivery.
10.02 The NCERT will not pay separately for any transit insurance and the supplier will be
responsible for the safe delivery of the goods till the entire contracted store arrives at purchaser
godown in full and in good condition. In case of any mishappening in the transit of the Stores,
the Supplier at their own are to deal for lodgement of claim and take up the matter with the
concerns for its settlement and the Council will not be a party in this connection.
11.
Incidental Services
11.01 As specified in the Contract Form, the Supplier may be required to provide any or all of the
following services, including additional services:
(a) Loading at point of dispatch
(b) Unloading at point of delivery
(c) Stacking in godown at point of delivery
11.02 No. additional costs will be borne by the purchaser towards these services
32
12.
Warranty
12.01 The Supplier warrants that the Goods supplied under this contract are new, unused, of the most
recent production. The Supplier further warrants that all Goods supplied under this contract
shall have no defect arising from design, materials or workmanship or from any act or
omission of the supplier, that may develop under normal use of the supplied Goods.
12.02 This warranty shall remain valid for 15 (fifteen) months after the Goods 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 purchaser.
12.03 The Purchaser/indenter shall promptly notify the Supplier in writing of any claims arising
under this warranty.
12.04 Upon receipt of such notice, the Supplier shall, with all reasonable speed, replace the defective
Goods or parts thereof, free of cost at the ultimate destination. The Supplier shall take over the
replaced goods at the time of their replacement. No claim whatsoever shall lie on the Purchaser
for the replaced goods thereafter.
12.05 If the Supplier, having been notified, fails to remedy the defect(s) within a reasonable period ,
the Purchaser may proceed to take such remedial action as may be necessary, at the Supplier's
risk and expense and without prejudice to any other rights which the Purchaser may have
against the Supplier under the contract.
12.06 The warranty for defective goods will begin de novo from the date of its replacement. Supplier
will pay all taxes, duty and all expenses up to the destination for the replaced goods.
13.
Terms of Payment
13.01 (i) On Delivery: 95% of the Contract Price shall be paid within 15 working days on receipt of
goods and upon submission of the documents specified in clause 9.02,
(ii) On Final Acceptance: The remaining 5% of the Contract Price shall be paid within 30
days of submission of a claim for the balance 5% supported by the certificate issued by
the representative of the Purchaser that the NCERT watermark dandy has been destroyed
in his presence.
13.02 The Supplier's request(s) for payment shall be made to the Purchaser with an invoice
describing, as appropriate, the Goods delivered and upon fulfilment of other obligations
stipulated in the contract.
13.03. No payment will be made without the written authority of the Purchaser.
14.
Prices
14.01 Prices charged by the Supplier for Goods delivered under the contract shall not vary from the
prices notified in the award of contract.
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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
16.1
17.
Neither the Purchaser nor the Supplier shall assign, in whole or in part, its obligations to
perform under the contract, except with the prior written consent of the other party.
Delays in the supplier's Performance
17.01 Delivery of the Goods and performance of the Services shall be made by the Supplier in
accordance with the time schedule specified by the Purchaser in the Bid submission Farm and
Price Schedule, Section VI
17.02 Any unexcused delay by the Supplier in the performance of its delivery obligations shall
render the supplier liable to any or all of the following sanctions:
¾
¾
¾
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 Supplier should encounter conditions
impeding timely delivery of the Goods, the Supplier shall promptly notify the Purchaser in
writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after
receipt of the Supplier’s notice, the Purchaser shall evaluate the situation and may, at its
discretion, extend the Supplier’s time for performance with or without liquidated damages, in
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 delivery shall be essence of the contract. If the Supplier fails to deliver any or
all of the Goods within the period(s) specified in the contract, the Purchaser 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 supplier as agreed liquidated damages will be
calculated @Rs. 2/- for goods worth Rs. 1000/- per day for each day of delay and such
recovery of liquidated damages may be up to 5% (Five per cent) of the Contract Price of
whole unit of goods, which the Supplier has failed to deliver within the period fixed for
delivery,” as stated in the schedule of Requirement and Specifications, where delivery
thereof is accepted after expiry of the aforesaid period.
18.02 The goods, if despatched upto the last date of the specified delivery schedule and is received
within 10 days from the date of its despatch, the delivery of goods will be treated within
schedule. Any delay in receipt of goods beyond 10 days of the delivery schedule or despatched
after the delivery schedule will attract clause 18.01 for imposition of liquidated damages.
34
19.
Termination for Default
19.01 The Purchaser may without prejudice to any other remedy for breach of contract, by written
notice of default sent to the Supplier, terminate the contract in whole or part:
(a)
if the supplier fails to deliver any or all of the Goods within the time period(s) specified
in the Contract, or within any extension thereof granted by the Purchaser pursuant to
Clause 17.03; or
(b)
if the Supplier fails to perform any other obligation(s) under the contract.
(c)
if the Supplier, in the judgment of the Purchaser, has engaged in fraud and corruption,
in competing for or in executing the Contract.
19.02 In the event the Purchaser terminates the contract in whole or in part, pursuant to Clause 19.01,
the Purchaser may procure upon such terms and in such manner as it deems appropriate,
Goods or Services similar to those undelivered, and the Supplier shall be liable to the
Purchaser for any excess costs for such similar Goods or Services. However, the Supplier shall
continue the performance of the contract to the extent not terminated.
20.
Force Majeure
20.01 Notwithstanding the provisions of Clauses 17 and 18, the Supplier shall not be liable for
forfeiture of its Performance Security, Liquidated Damages or Termination for Default, if and
to the extent that, its delay in performance or other failure to perform its obligations under the
contract is the result of an event of Force Majeure.
20.02 For purposes of this Clause, "Force Majeure" means an event beyond the control of the
Supplier and not involving the Supplier's fault or negligence and not foreseeable. Such events
may include, but are not restricted to, acts of the Purchaser either in its sovereign or contractual
capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight
embargoes.
20.03 If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing
of such conditions and the cause thereof. Unless otherwise directed by the Purchaser in
writing, the Supplier shall continue to perform his/her obligations under the contract as far as is
reasonably practical, and shall seek all reasonable alternative means for performance not
prevented by the Force Majeure event.
21.
Termination for Insolvency
21.01 The Purchaser may at any time terminate the contract by giving written notice to the Supplier,
if the Supplier becomes bankrupt or otherwise insolvent. In this event, termination will be
without compensation to the Supplier, provided that such termination will not prejudice or
affect any right of action or remedy which has accrued or will accrue thereafter to the
Purchaser.
35
22.
Termination for Convenience
22.01 The Purchaser, by written notice sent to the Supplier, may terminate the contract, in whole or
in part, at any time for its convenience. The notice of termination shall specify that
termination is for the Purchaser's convenience, the extent to which performance of the Supplier
under the contract is terminated, and the date upon which such termination becomes effective.
22.02 The Goods that are complete and ready for shipment within 30 (thirty) days after the Supplier's
receipt of notice of termination shall be accepted by the Purchaser at the contract terms and
prices. For the remaining Goods, the Purchaser may elect:
(a) to have any portion completed and delivered at the contract terms and prices; and/or
(b)
23.
to cancel the remainder and pay to the Supplier an agreed amount for partially completed
Goods and for materials and parts previously procured by the Supplier.
Resolution of Disputes
23.01 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.
23.02 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 clause 23.03.
23.03 The dispute resolution mechanism to be applied pursuant to Clause 23.02 shall be as follows:
(a)
(b)
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 thereunder and any statutory
modifications or re-enactments thereof, shall apply to the arbitration proceedings.
23.04 The venue of arbitration shall be the place from where the contract is issued.
24.
Governing Language
24.1
25.
The contract shall be written in the language of the bid, as specified by the Purchaser in the
Instructions to bidders.
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.
36
26
Taxes and Duties
26.01 The Suppliers shall be entirely responsible for all taxes, duties, license fees, octroi, road
permits, etc., incurred until delivery of the contracted Goods to the Purchaser. However, Sales
tax/VAT (not surcharge in lieu of Sales tax) in respect of the transaction between the Purchaser
and the Supplier shall be payable extra, if so stipulated in the Notification of Award/Contract.
27
Adherence to specifications
27.01 The supplier shall supply the contracted quantity of paper strictly in accordance with the
size-wise, gsm-wise and quantity-wise break up given in Section V, Schedule of
Requirements and specifications. No request for any change in the specifications to suit the
machine deckle of the supplier will be entertained at any stage.
28
Additional/Reduce Order
28.01 The Purchaser reserves the right to place additional order or reduce the quantity upto 25
percent of the original order with the supplier on the same rate and terms and conditions any
time within 3 months after the last supply or 30 days before the last supply for reduction on the
mutually agreed delivery schedule without assigning any reason.
37
SECTION VIII
CONTRACT FORM
THIS AGREEMENT made the ............ day of ......................, 2010 between NCERT (hereinafter called "the
Purchaser") of the one part and .................................. (Name of Supplier) of .................. (address)
................................................................................... (hereinafter called "the Supplier") of the other part.
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz .,.....................................
(Brief Description of Goods and Services) and has accepted a bid by the Supplier for the supply of those
goods 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/Informations to Bidders
Bidding Data Sheet
Qualification Criteria
Schedule of Requirements and specifications
Conditions of Contract
Contract form
3.
In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter
mentioned, the Supplier hereby covenants with the Purchaser to provide the goods and services and
to remedy defects therein in conformity in all respects with the provisions of the Contract.
4.
The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods
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.
38
Brief particulars of the goods and services which shall be supplied/provided by the Supplier are as
under:
Sl. No.
Brief Description of
Goods & Services
Quantity to
be Supplied
Unit
Price
Total
Price
Delivery
Terms
TOTAL VALUE: Rs…………....… (Rupees…………….…….……………………………………)
DELIVERY SCHEDULE:
Sl.
No.
Quality of
Paper
GSM
Requirement
(MTs)
1.
2.
3.
4.
1.
Maplitho
paper in Reels
as per
specifications
given in
Section V.
2.
3
Maplitho
paper in
sheets as per
specifications
given in
Section V
White Pulp
Board
(MG) Type
‘A’, Grade
‘S’ in
sheets
80
Minimum
Quantity of
Bid (MTs)
5.
Delivery schedule for supply of paper
6.
Ist lot of 600 MTs within 45 days of signing the contract,
including 21 days for Dandy making
IInd lot of 600 MTs within 75 days of signing the contract
IIIrd lot of 600 MTs within 105 days of signing the contract
IVth lot of 600 MTs within 135 days of signing the contract
Vth lot of 600 MTs within 165 days of signing the contract
VIth lot of 500 MTS within 195 days of signing the contract
3500
1000
80
13,345
3000 MTs
220
888
222 MTs
39
Ist lot of 2225 MTs within 45 days of signing the contract,
including 21 days for Dandy making
IInd lot of 2225 MTs within 75 days of signing the contract
IIIrd lot of 2225 MTs within 105 days of signing the contract
IVth lot of 2225 MTs within 135 of signing the contract
Vth lot of 2225 MTs within 165 of signing the contract
VIth lot of 2220 MTS whthin 195 days of signing the contract
Ist lot of 175 MTs within 45 days of signing the contract
IInd lot of 175 MTs within 80 days of signing the contract
IIIrd lot of 175 MTs within 115 days of signing the contract
IVth lot of 175 MTs within 140 days of signing the contract
Vth lot of 188 MTs within 170 days of signing the contract.
SECTION IX-A
FORMAT FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT
In consideration of The Secretary, National Council of Educational Research and Training, (hereinafter
referred to as NCERT) having agreed to accept from. M/S………………………………. (hereinafter
called 'the said tenderer") from the demand, under the terms and conditions of tender no…..dated
…………………… in connection with procurement of …………… (hereinafter called the said tender) of
Earnest Money in the form of Banker's Guarantee Bond for the due observance by the said tenderer of the
stipulation to keep the offer open for acceptance for a period 60(sixty) days from the date of opening of
tenders, to execute an agreement within the time specified, to start work within the period specified after
notification of the acceptance of his/their tender and to deposit the Performance Security Money for the
said amount as part of security for the due and faithful fulfillment of the contract on acceptance of the
tender
on
production
of
a
Bank
Guarantee
for
Rs
……………………..
(Rs
………………………………………….. only).
We ……………… (Banker), do hereby undertake to pay on demand to the NCERT, the sum of Rs
…………………. in the event of the said tenderer having incurred forfeiture of earnest money/security
deposit as aforesaid for the breach of any of the terms of conditions of the stipulations aforesaid and
contained in the said tender under an order of the authority competent to invite tender. We ……………….
(Banker), further agree that the guarantee herein contained shall remain in full force and effect with the
authority competent to invite the tender discharges the guarantee, subject however that the NCERT shall
have no right under the Bond after the expiry of one year from the date of its execution and our liability
under the bond shall be discharged if the demand for payment is not made within this period.
We ……………….. (banker), lastly undertake not to revoke this guarantee during the currency except
with the consent of the N.C.E.R.T in writing.
Place:
Date:-
Signature:
Name and Designation
Of the Signing Authority:
(Indicate the name of the Bank and
Bank Seal)
40
SECTION – IX-B
FORMAT FOR BANK GUARANTEE FOR PERFORMANCE SECURITY
(Stamp Paper)
---------------------------------------(Banker’s name and address)
(Round Stamp of Banker)
The Secretary,
National Council of Educational Research and Training,
Sri Aurobindo Marg,
New Delhi – 110 016
Bank Guarantee No :
-------------------------------------Amount of Guarantee: Rs: ------------------------------------Guarantee valid up to:
-------------------------------------LAST DATE FOR LODGEMENT OF CLAIM: ---------------------------------This deed of guarantee executed by -----------------------(hereinafter referred to as THE BANK) in favour
of The Secretary, National Council of Educational Research and Training (hereinafter referred to as
NCERT/Beneficiary) for an amount not exceeding Rs.……….…(Rupees........................................……..)
at the request of M/s….........................................................................…………………………(hereinafter
referred to as the Supplier). This guarantee is issued subject to the condition that the liability of the Bank
under the guarantee is limited to a maximum of Rs............………………………......
(Rupees............…………….................................................................................) and the Guarantee shall
remain in force up to................. and cannot be invoked or served otherwise than by a written demand or
claim under this guarantee served on the bank on or before .........….. In consideration of The Secretary,
NCERT having agreed to purchase of -------------------------------------------------- from
M/s............................................................. (hereinafter called the said supplier undo the terms and
conditions of an agreement made between both the parties (hereinafter called the said agreement) for the
due fulfillment of the contract as per the terms and agreement on production of bank guarantee for
Rs..............…… (Rupees.. …………………...... only)
1. We .......................………………………............. do hereby undertake to pay NCERT an amount not
exceeding Rs..........……............ (Rupees.............………………...............) against any loss or damage
caused to or suffered by NCERT by reason of any breach of the terms and conditions contained in the said
agreement.
2. We .......................................................................... do hereby undertake to pay amount due and payable
under this guarantee without any demur, namely on a demand from the NCERT stating that the amount
demanded is due by way of loss or damage caused to or would be caused to or suffered by NCERT by
reason of the supplier's failure to perform the said agreement by such demand made on the bank shall be
conclusive as regards the amount due and payable by the bank under the guarantee. However our liability
under this guarantee shall be restricted to an amount not exceeding Rs.......….........
(Rupees.........………………………………..........................only).
41
3.We undertake to pay to the Beneficiary any money so demanded notwithstanding any dispute or
disputes raised by the supplier in any suit or proceeding pending before any court or Tribunal relating
thereto, our liability under this present being absolute and unequivocal.
4. The payment so made by us under this bond shall be a valid discharge of our liability for payment there
under and the supplier shall have no claim against us for making such payment.
5. We ........................................................(Banker) further agrees that the guarantee herein contained shall
remain in full force and effect during the period that would be taken for performance of all the dues of the
Beneficiary under or by virtue of the said agreement have been fully paid and its claims satisfied or
discharged or till
(date) that the terms and conditions of the said agreement have been fully and
properly carried out by the said supplier and accordingly discharge this guarantee. Unless a demand or
claim under this guarantee is made on us in writing on or before.......................(date), we shall be
discharged form all liability under this guarantee thereafter.
6. We, ------------------------------(Banker), further agree with the Beneficiary that the Beneficiary shall
have the fullest liberty without our consent and without affecting in any manner our obligation hereunder
to vary any of the terms and conditions of the said agreement or to extend time of performance by the said
supplier from time to time or to postpone for any time or from time to time any of the powers exercisable
by the beneficiary against the said supplier and to forbear or enforce any of the terms and conditions
relating to the said agreement and as shall not be relieved from our liability by reason of any such
variation, or extension being granted to the said supplier or for any forbearance, act or omission on the
part of the beneficiary or any indulgence by the beneficiary to the said supplier or by any such matter or
thing whatsoever which under the law relating to sureties would, but for provision, have the effect of so
relieving us.
7. This guarantee will not be discharged due to the change, in the constitution of the Bank or the
suppliers.
8. We,------------------------------ (Banker), lastly undertake not to revoke this guarantee during its currency
except with the previous consent of the beneficiary in writing.
NOTWITH STANDING ANY THING CONTAINED HEREIN
a) The liability of the surety under this bank guarantee shall not exceed Rs.------------------(in figures)
Rupees-------------------------------------------------------------------(in words).
b) This bank guarantee shall be valid up to---------------------------(date)
The surety is liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and
only if the Purchaser serves upon the Surety, written claim or demand on or before-------------(date)
Dated :Place:-
(Signature of Bank Manager with full address & Seal)
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SECTION X
(Please see Clause 03-01of Instruction to Bidders)
MANUFACTURERS' AUTHORIZATION FORM*
No.....................
dated………………
Dear Sir,
We .............…………………………………………………….................. who are established and
reputable manufacturers of...........……………….......... (name and description of goods offered) having
manufacturing unit at ……………......…....... (address of Regd. Office) do hereby authorize
Shri ...................................………………….…............ to submit a bid, and sign the contract with you for
the goods manufactured by us against the above tender.
No company or firm or individual other than Shri .......………………….............................is authorized to
bid, and contract for the above goods manufactured by us, against this specific tender.
We hereby extend our full guarantee and warranty as per Clause 12 of the Conditions of Contract for the
goods and services offered for supply by the above firm against this tender.
Yours faithfully,
(Signature of the Aurthorised Signatory)
(Name of manufacturers)
*
Note: This letter of authority should be on the letterhead of the manufacturer and should be signed
by a person competent and having the power of attorney to legally bind the manufacturer. It should
be included by the Bidder in its bid.
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SECTION XI
NOTIFICATION OF AWARD
[Letter head of the Purchaser]
Date.....................
To
.............................................[Name and address of the Supplier]
.............................................
.............................................
Dear Sir or Madam,
This is to notify you that your Bid dated the ................…............for the supply of ..........……….............
[give particulars of the goods 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
in hereby accepted by..................... [Name of Purchaser].
2.
You are hereby requested to furnish Performance Security, in the form detailed in clause ...............
of the Instruction to Bidders for an amount equivalent to Rs................ [in figures]
(................................) [Amount in words] within ............ days of the receipt of this letter of
acceptance valid upto .................... [insert the period], i.e. valid upto .......... [insert the last date of
vaidity] and sign the contract, failing which action as stated in Clause ............... of Instructions to
Bidders will be taken.
Yours faithfully,
Name and title of the Authorised Signatory
Along with condition of contract
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