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1 For printing and supply of Calendar, 2014 AXOM SARVA SIKSHA ABHIYAN MISSION ASSAM KAHILIPARA, GUWAHATI Tender No. SSA/MDM/Calendar/ /95/2014/8148 Date : INVITATION FOR TECHNICAL & COMMERCIAL BIDS FOR PRINTING & SUPPLY OF CALENDAR, 2014 FOR MDM BIDDING DOCUMENT (to be used for furnishing bids by the ELIGIBLE BIDDERS) Rs. 1,000/- Address for Communication : Office of the Mission Director, Axom Sarba Siksha Abhiyan Mission Kahilipara, Guwahati -19 Phone No , Fax : ssaassam@sify.com & ssaassam@rediff.com 1

2 Axom Sarba Siksha Abhiyan Mission Notice Inviting Tender [NIT] TENDER FOR PRINTING & SUPPLY OF CALENDAR, 2014 FOR MDM Section I Invitation for Bids FOR PRINTING & SUPPLY OF CALENDAR, 2014 for MDM Tender No. SSA/MDM/Calendar/ /95/2014/8148 Date : Mission Director, Axom Sarba Siksha Abhiyan Mission, Kahilipara, Guwahati-19, Assam invites sealed Technical & Commercial Bids with Court Fee Stamp of Rs to be affixed in technical bid document only for printing and supply of Calendar, 2014 for MDM from reputed offset printing presses for printing of Calendar, 2014 having minimum annual turn over of Rs lacs in each financial year during last three financial year (turn over of , and only) from printing works. C.A. certificate/ owner certificate can be considered for , if audit is not done/ not completed. Brief Description Quantity [in copies] Calendar, 2014 for MDM Interested eligible Bidders may obtain further information from the office of the Mission Director, SSA, Kahilipara, Guwahati -19, Phone , , Fax ssaassam@sify.com, ssaassam@rediffmail.com. 3. A complete set of bidding documents may be purchased by an interested eligible Bidder on the submission of a written application to the above and upon payment of a non refundable fee of Rs. 1,000/- (Rupees one thousand) only in cash or by Demand Draft in favour of the Mission Director, Axom Sarba Siksha Abhiyan Mission, Kahilipara, Guwahati-19, Assam. Bid document can also be obtained, if need be, by Registered Post / Courier by paying Rs. 500/- extra. The bidding document will be sent by Registered Post or Courier at the risk and responsibility of the prospective Bidders. The bid document can be downloaded from the official website downloaded bid document shall only be accepted provided the bidder submits the amount of Rs. 1000/- as cost of bid document in the form of demand draft in favour of Mission Director, Axom Sarba Siksha Abhiyan Mission alongwith the technical bid. 4. The Bidder or their authorized representatives will be invited to attend pre-bid meeting to be held at the office of the Mission Director, Axom Sarba Siksha Abhiyan Mission, Kahilipara, Guwahati -19, Assam as per the schedule given below. 5. Interested and eligible Bidders are required to submit the Technical and Commercial Bids in separate sealed envelopes. The Technical and Commercial Bids should be accompanied by bid security as specified in this Bid Document by the prospective Bidder. The Bid Security should be included in the same envelope containing the Technical Bid alongwith the detailed terms and conditions, while the Commercial Bid will have to be furnished in the second sealed envelope. The Technical and Commercial Bid alongwith the Bid Security must be delivered to the Mission Director, Axom Sarba Siksha Abhiyan Mission, Kahilipara, Guwahati-19, Assam on the date specified below. 6. The envelope containing the Technical Bid and the Bid Security will be opened on the specified date and time in presence of Bidders or their authorised representative who choose to attend. In the event of the date specified for bid receipt and opening being declared as a holiday for Axom Sarba Siksha Abhiyan Mission, Kahilipara, Guwahati-19, Assam, the due date for submission and opening of bids will be the following working day at the appointed times. 7. All bid documents should be properly stapled or stitched and submission in loose form must be strictly avoided. 8. Presses must mention in the bid documents mentioning the proper registered office and correspondence address. No sub/additional addresses will be accepted. 2

3 9. Bid document should be preferably signed by the Director/Proprietor of the Printing Presses. However in case of any representative singing on behalf of Director/Proprietor. He/she must be senior responsible executive of the Printing Presses. An authorization letter duly authorizing the executive and attesting his signature must be enclosed in the bid document. This shall be applicable during all processes as an when applicable. 10. Sub letting of the bid-contract is strictly prohibited. 11. Time frame for bidding activities is as follows: 1 BID REFERENCE No. SSA/MDM/Calendar/ /95/2014/ 8148 Date : Date of commencement of issue of Bid documents 3 Last date and time for up-to 3.00 pm purchase of Bid documents 4 Last date & Time for up-to 2.00 pm submission of Bids 5 Date & Time of opening at 3.00 pm of the Technical Bids 6 Date & Time of opening of the Commercial Bids Will be intimated to the qualified Bidders by the Purchaser on the day of opening of Technical Bid or on any subsequent days either through fax or through letter. 7 Place of issue of Bid Document; Bid submission, and opening of Technical and Commercial Bids Office of the Mission Director, Axom Sarba Siksha Abhiyan Mission, Kahilipara, Guwahati-19, Assam 8 Bid Security Rs. 1,32,250/- (one lakhs thirty two thousand two hundred fifty) only 12. The Mission Director, Axom Sarba Siksha Abhiyan Mission reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time, without thereby incurring any liability to the affected Bidder or Bidders, and any obligation to inform the affected Bidder or Bidders of the grounds for the Purchaser s decision. Sd/- Mission Director, Axom Sarba Siksha Abhiyan Mission, Kahilipara, Guwahati-19, Assam. 3

4 SECTION II : INSTRUCTION TO BIDDERS (ITB) A. INTRODUCTION 1. Eligible Bidders 1.1 This Invitation for Bids is open to only reputed Offset Printing Presses for printing of Calendar, 2014 having minimum annual turnover of Rs Lacs in each financial year during last three financial years (turn over of , and only) from printing works. 1.2 Bidders should not be associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by the Purchaser to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods to be purchased under this Invitation of Bids. 1.3 All bids must be accompanied by Bid Security and submitted on the prescribed date, at a place and time given in Section I of this document. Bids submitted without Bid Security will be summarily rejected. 2. Cost of Bidding 2.1 The Bidder shall bear all costs associated with the preparation and submission of the bid, and the Axom Sarba Siksha Abhiyan Mission, Assam hereinafter referred to as the Purchaser, will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 4

5 B. THE BID DOCUMENTS 3. Content of Bidding Documents 3.1 The goods required, bidding procedures and contract terms are prescribed in the bidding documents. In addition to the invitation for the Bids, the bidding documents include- a) Instruction to Bidders (ITB); b) General Conditions of Contract (GCC); c) Special Conditions of Contract (SCC); d) Schedule of Requirements; e) Technical Specifications; f) Qualification Criteria; g) Bid Form and Price Schedules; h) Bid Security Form; i) Contract Form; j) Performance Security Form; k) Performance Statement Form; l) Capability Statement Form; 3.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure to furnish all information required by the bidding documents or submission of a Bid not substantially responsive to the bidding documents in every respect will be at the bidder s risk and will result in rejection of the bid. 4. Clarification of Bidding Documents 4.1 A prospective Bidder requiring any clarification in respect of any point of the bidding documents may notify the Purchaser in writing or by Fax or letter at the Purchaser s mailing address indicated in the Invitation for Bids. The Purchaser will respond in writing to any request for clarification of the bidding documents which it receives not later than 15 days prior to the deadline for submission of bids prescribed by the Purchaser. Written copies of the Purchaser s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective Bidders, which have received the bidding documents. Clarifications can also be obtained at pre-bid meetings to be held as per the schedule given in Section-I. 5. Amendment of Bidding Documents 5.1 At any time prior to the deadline for submission of bids the Purchaser may, for any reason, whether at its own initiative or in response to a clarification requested by prospective Bidder, modify the Bidding Documents by amendment. If any modification are given effect the same shall be placed at the SSA website. All bidders & prospective bidders are requested to keep themselves informed continuously. 5.2 All prospective bidders who have received bidding documents will be notified of the amendment in written in the website or by Fax or letter and will be binding on them. 5.3 In order to allow prospective Bidders reasonable time in which to take the amendment in to account in preparing their bids, the Purchaser may, at its discretion, extend the deadline for the submission of Bids. 5

6 6. Language of Bid 6.1 The Bid prepared by the Bidder as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Purchaser, shall be written in the English language. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of relevant passages in the English language. For purpose of interpretation of the bid, the transaction shall be governed by the English language documents. 7. Documents Comprising the Bid 7.1 The Bid prepared by the Bidder shall comprise the following components (separated into a Technical Bid and a Commercial Bid as per the details given in Part-C of this Section below): a) A Bid Form and a Price Schedule completed in accordance with ITB Clause 8, 9 and 10; b) Documentary evidence established in accordance with ITB Clause 11 that the bidder is eligible to bid and is qualified to perform the contract if its bid is accepted; c) Documentary evidence established in accordance with ITB Clause 12 that the goods and ancillary services to be supplied by the Bidder are eligible goods and services and conform to be Bidding Document; and d) Bid Security furnished accordance with ITB Clause Bid Form 8.1 The Bidder shall fill up the Bid Form as given in Section-VII and the contents shall be consistent with the contents of the Price Schedule submitted. 9. Bid Prices 9.1 The Bidder shall indicate on the appropriate Price Schedules attached to these documents the unit prices and total bid prices of the goods it proposes to supply under the Contract as per the format given in the Price Schedule in Section- VII. 9.2 Fixed price. Prices quoted by the Bidder shall be fixed during the Bidder s performance of the Contract and not subject to variation on any account. A bid submitted with an adjustable price quoted will be treated as non-responsive and rejected, pursuant to ITB Clause Bid Currencies 10.1 Price shall be quoted in Indian Rupees. 11. Documents Establishing Bidder s Eligibility and Qualifications 11.1 Pursuant to ITB Clause 7, the Bidder shall furnish, as part of its bid, documents establishing the Bidder s eligibility to bid and its qualifications to perform the Contract if its bid is accepted The documentary evidence of the Bidder s qualifications to perform the Contract if its bid is accepted, shall establish to the Purchaser s satisfaction (a) that, the Bidder offering to supply goods has the minimum capacity of supplying similar quantity or more per year. A certificate duly authenticated by the Competent Authority (a Gazetted Officer of the Industry, Commercial Taxes or Central Excise Deptt. for certifying the documentary evidence) of the area where the Bidder is located showing the capacity for the last three financial years (turn over of , and only). 6

7 (b) that, the Bidder has minimum annual turnover of Rs Lacs from printing and supply of similar works in each financial year during last three financial years (turnover of , and only). (c) That, the Bidder has the financial, technical, and printing capability to perform the Contract and meets the criteria outlined in the Qualification requirements specified in Section VI-A Alternative bids will not be considered for the same bidder. All such bids received from the respective Bidders will be rejected as non-responsive Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the bidder s risk and will result in rejection of the bid. 12. Documents Establishing Good s Eligibility and Conformity to Bidding Documents 12.1 Pursuant to ITB Clause 7, the Bidder shall furnish, as part of its bid, documents establishing the eligibility and conformity to the bidding documents of all goods and services, which the Bidder proposes to supply under the contract as prescribed in Sub-Section C of ITB. [Ref. : Sec. VI-A : Qualification Criteria] 13. Bid Security 13.1 Pursuant to ITB Clause 7, the Bidder shall furnish, as part of its bid, a bid security in the amount as specified in Section-V Schedule of Requirements The bid security is required to protect the Purchaser against the risk of Bidder s conduct, which would warrant the security s forfeiture, pursuant to ITB Clause The bid security will be excepted only in the form of demand draft/banker cheque in favour of Mission Director, Axom Sarba Siksha Abhiyan Mission, Assam, Kahilipara, Guwahati Any bid not secured in accordance with ITB Clauses 13.1 and 13.3 above will be rejected by the Purchaser as non-responsive, pursuant to ITB Clause Unsuccessful Bidder s bid security will be discharged/returned as promptly as possible but not later than 30 days after the expiration of the period of bid validity prescribed by the Purchaser, pursuant to ITB Clause The successful Bidders bid security will be discharged upon the Bidder signing the Contract, pursuant to ITB Clause 30, and furnishing the Performance Security, pursuant to ITB Clause The bid security may be forfeited: a) If a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid Form; or b) In case of a successful Bidder, if the Bidder fails: (i) To sign the Contract in accordance with ITB Clause 30; or (ii) To furnish performance security in accordance with ITB Clause Period of Validity of Bids 14.1 Bids shall remain valid for 90 days after the date of bid opening prescribed by the Purchaser, pursuant to ITB Clause 17. A bid valid for a shorter period shall be rejected by the Purchaser as non-responsive In exceptional circumstances, the Purchaser may solicit the Bidder s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing (or by letter or Fax). The bid security provided under ITB Clause 13 shall also be suitably extended. A Bidder may refuse the request without forfeiting its bid security. A Bidder granting the request will not be required nor permitted to modify its bid. 7

8 15. Formats and Signing of Bid 15.1 The Bidder shall submit one document of each of the Technical and Commercial bids, clearly marking each Technical Bid and Commercial Bid as appropriate All Bids shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the contract. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid. All pages of the bid, except for un-amended printed literature, shall be initiated by the person or persons signing the Bid Any inter lineation, erasures or overwriting shall be valid only if they are initiated by the persons signing the Bid. 8

9 C. SUBMISSION OF BIDS Bids are to be submitted in two bid form comprising of a) Technical Bid and b) Commercial Bid. Each of the bid documents is to be sealed as detailed in clause no 16. The documents to be placed under each of the sections are as follows: a. Technical Bid: The technical bid will comprise of the following bidding documents: Compliance of Technical Specifications of the materials to be printed & supplied; [Section VI] Proof of Qualification Criteria; [in pursuant to clause 12 pf ITB as per Section VI-A] Bid Security Form; [as per section VIII] Bid Form and the Price Schedule (without the prices); [as per section VII] Contract Form; [as per section IX] Performance Security Form; [as per section X] Performance Statement Form; [as per Section XI] Capability Statement Form; [as per Section XII] Court fees stamp of Rs Tender Form; [as per Section XIII] 3 different samples duly signed and stamp of similar works executed by the Bidder. b. Commercial Bid : The commercial Bid will comprise of the Bid Form and the Price Schedules as per Section VII, including all charges FOR at Guwahati. 16. Sealing and marking of Bids 16.1 The Bidders shall seal the Technical and Commercial bid in separate inner envelopes, duly marking the envelopes as Technical Bid and Commercial Bid, He/She shall then place all the inner envelopes in an outer envelope The inner and outer envelopes shall be: (a) Addressed to the Purchaser at the following address: The Mission Director, Axom Sarba Siksha Abhiyan Mission, Kahilipara, Guwahati-19, Assam. (b) Bear the Name, the Invitation for Bids (IFB) title and number, and a statement Do not open before (date and time as specified in Invitation for Bids (Section I)) The inner envelope shall also indicate the name and address of the Bidder to enable the bid to be returned unopened in case it is declared late If the outer envelope is not sealed and marked as required by ITB Clause 16.2 above, the Purchaser will assume no responsibility for the bid s misplacement or premature opening Telex, Telegram, Fax or bids will be rejected. 17. Deadline for Submission of bids 17.1 Bids must be received by the Purchaser at the address specified under ITB Clause 16.2 no later than the time and date specified in the Invitation for Bids (Section I). In the event of specified date for submission of Bid being declared a holiday for the Purchaser, the Bid will be received up-to appointed time on the next working day. 9

10 17.2 The Purchaser may, at its discretion, extend this deadline for submission of bids by amending the bid documents in accordance with ITB Clause 5, in which case all rights and obligations of the Purchaser and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended. 18. Late Bids 18.1 Any bid received by the Purchaser after the deadline for submission of bids prescribed by the Purchaser, pursuant to ITB Clause 17, will be rejected and/or returned unopened to the Bidder. 19. Modification and Withdrawal of Bids 19.1 The Bidder may modify and withdraw its bid after the bid s submission, provided that written notice of the modification or withdrawal is received by the Purchaser prior to the deadline prescribed for submission of Bids The Bidder s modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions of ITB Clause 16. A withdrawal notice may also be sent by Fax or letter or fax but followed by a signed confirmation copy, post marked not later than the deadline for submission of Bids No Bid may be modified subsequent to the deadline for submission of Bids No bid may be withdrawn in the interval between the deadline for submission of Bids and the expiration of the period of Bid validity specified by the Bidder on the bid from. Withdrawal of a Bid during the interval may result in the Bidder forfeiture of its Bid security, pursuant to ITB Clause

11 20. Opening of Bids by the Purchaser D. BID OPENING AND EVALUATION 20.1 The Purchaser will open the Technical bids, in the presence of Bidders representative who choose to attend, as per the schedule given in Invitation for Bids (Section I) in the following location. Office of the Mission Director, Axom Sarba Siksha Abhiyan Mission, Kahilipara, Guwahati-19, Assam The Bidders representatives who are present shall sign a register evidencing their attendance. In the event of specified date of Bid opening being declared a holiday for the Purchaser, the Bids shall be opened at the appointed time and location on the next working day The Bidder s names, bid modifications or withdrawal, the presence or absence of requisite Bid security, Technical bid specification and such other details as the Purchaser, at its discretion, may consider appropriate, will be announced at the opening. The financial bid will not be opened and read out in the bid-opening day. The financial bid will only be opened after the completion of the preliminary evaluation and only for those successful bidders who have qualified preliminary evaluation based on the technical bid. In evaluating the technical proposals, Purchaser will consider any deviations to the specifications. Any deviations which, in the sole opinion of Purchaser render a bid substantially non-responsive may result in the bidder s proposal being rejected The procedure adopted by the Axom Sarba Siksha Abhiyan Mission, Assam for opening the tender shall be final and binding on all the parties The Commercial Bids will be opened after the evaluation of the Technical Bids at a time and place to be notified (as explained in Section I) and the Purchaser at its discretion may call the responsive bidders for price read out. No bid shall be rejected at bid opening, except for late bids, which shall be returned unopened to the Bidder pursuant to ITB Clause Bids (and modifications sent pursuant to ITB Clause 19.2) that are not opened and read out at bid opening shall not be considered further for evaluation, irrespective of the circumstances. Withdrawn bids will be returned unopened to the bidders The Purchaser will prepare minutes of the bid opening. 21. Clarification of Bids 21.1 During evaluation of bids, the Purchaser may, at its discretion, ask the bidder for a clarification of its bid. The request for clarification and the response shall be in writing and no change in price or substance of the bid shall be sought, offered or permitted. 22. Preliminary Examination 22.1 The Purchaser will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished whether the documents have been properly signed, and whether the bids are generally in order. Bids from without proper authorization, shall be treated as non-responsive Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and total price shall be corrected. If the supplier does not accept the correction of errors, its bid will be rejected. If there is a discrepancy between words and figures, the amount in words will prevail. 11

12 22.3 The Purchaser may waive any minor informality or non-conformity or irregularity in a bid, which does not constitute a material deviation, provided such a waiver, does not prejudice or affect the relative ranking of any Bidder Prior to the detailed evaluation pursuant to ITB Clause 23, the Purchaser will determine the substantial responsiveness of each bid to the bidding documents. For purposes of these clauses, a substantially responsive bid is one, which conforms to all the terms and conditions of the bidding documents without material deviations. Deviation from or objections or reservations to critical provisions such as those concerning Performance Security (GCC Clause 6), Force Majeure (GCC Clause 23), Appliletter law (GCC Clause 28) and Taxes & duties (GCC Clause 30) will be deemed to be a material deviation. The Purchaser s determination of a bid s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence If a bid is not substantially responsive, it will be rejected by the Purchaser and may not subsequently be made responsive by the Bidder by correction of the non-conformity. 23. Evaluation and Comparison of Bids 23.1 The Purchaser will evaluate and compare the bids, which have been determined to be substantially responsive, pursuant to Clause The Purchaser s evaluation of a bid will exclude and not take into account: Any allowance for price adjustment during the period of execution of the Contract, if provided in the bid The Purchaser reserves the right at the time of evaluation and award of Contract to split up the items under procurement without considering it as a single package. Based on the evaluation if certain items found to be of great advantage to the Purchaser, the Purchaser reserves the right to award specific items to selected Bidders. Depending upon the Evaluation, the package may be divided item wise amongst more than one Bidder. The Purchaser may also increase/decrease the quantities by up to 20 percent the quantity of goods and services originally specified in the Schedule of Requirements (rounded off to the next whole number) without any change in unit price or other terms and conditions The price quoted by the bidder should be inclusive of all the expenses to be met by the bidder for production and supply of the ordered item including the cost of transportation to the prescribed destination and taxes to be paid by the bidder. 24. Contacting the Purchaser 24.1 Subject to ITB Clause 21, no Bidder shall contact the Purchaser on any matter relating to its bid, from the time of the bid opening to the time the Contract is awarded. If the bidder wishes to bring additional information to the notice of a purchaser, it should do so in writing Any effort by a Bidder to influence the Purchaser in its decision on bid evaluation, bid comparison or contract award may result in rejection of the Bidder s bid. 12

13 E. AWARD OF CONTRACT 25. Post Qualification 25.1 In the absence of pre-qualification, the Purchaser will determine to its satisfaction whether the Bidder that is selected as having submitted the lowest evaluated responsive bid meets the criteria specified in ITB Clause 11.2 (a) & 11.2 (b) and is qualified to perform the contract satisfactorily as part of the evaluation of the technical bid The determination will take into account the Bidder s financial, technical and production capabilities. It will be based upon an examination of the documentary evidence of the Bidder s qualifications submitted by the Bidder, pursuant to ITB Clause 11, as well as such other information as the Purchaser deems necessary and appropriate An affirmative determination will be a prerequisite for award of the Contract to the Bidder. A negative determination will result in rejection of the Bidder s bid, in which event the Purchaser will proceed to the next lowest evaluated bid to make a similar determination of that Bidder s capabilities to perform the contract satisfactorily. 26. Award Criteria 26.1 The Purchaser will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and has been determined as the lowest evaluated bid, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily The purchaser may decide to split the order between one or more Bidders at the rate evaluated lowest. 27. Purchaser s Right to vary Quantities at Time of Award The Purchaser reserves the right at the time of award of Contract to increase/decrease the quantity specified in the Schedule of Requirements (rounded off to the next whole number) by up to 20 percent without any change in unit price or other terms and conditions. 28. Purchaser s Right to Accept any Bid and to Reject any or All Bids The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder or Bidders, or any obligation to inform the affected Bidder or Bidders of the grounds for the Purchaser s action. 29. Notification of Award 29.1 Prior to the expiration of the period of bid validity, the purchaser will notify the successful Bidder (s) in writing by registered letter or by letter or Fax, to be confirmed in writing by registered letter, that its bid has been accepted The notification of award will constitute the formation of the Contract Upon the successful Bidder s furnishing of Performance Security pursuant to ITB Clause 31, the Purchaser will promptly notify each unsuccessful Bidder and will discharge its bid security, pursuant to ITB Clause Signing of Contract 30.1 At the time as the Purchaser notifies the successful bidder that its bid has been accepted, the Purchaser will send the bidder the Contract Form provided in the bidding documents, incorporating all agreement between the parties. 13

14 30.2 Within 7 (seven) days of receipt of the Contract Form, the successful bidder shall sign and date the Contract and return it to the Purchaser. 31. Performance Security 31.1 Within 7 (seven) days of the receipt notification of award from the Purchaser, the successful Bidder shall furnish the performance security in accordance with the Conditions of Contract, in the Performance Security Form provided in the bidding documents or in another form acceptable to the Purchaser Failure of the successful Bidder to comply with the requirement of ITB Clause 30 or ITB Clause 31.1 shall institute grounds for the annulment of the award and forfeiture of the bid security, in which event the Purchaser may make the award to the next lowest evaluated bidder or call for new bids. 32. Corrupt of Fraudulent Practices 32.1 The Purchaser requires that Bidders/Suppliers, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the Purchaser: (a) Defines, for the purposes of this provision, the terms set forth as follows : (i) (ii) Corrupt practice means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and Fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Borrower, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive level and to deprive the Purchaser of the benefits of free and open competition; (b) Will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; 14

15 SECTION III: GENERAL CONDITIONS OF CONTRACT 1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated: (a) (b) (c) (d) (e) (f) (g) (h) (i) 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: The Contract Price means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations; The Goods means all the materials which the Supplier is required to supply to the Purchaser under the Contract: Services means service 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; GCC means the General Conditions of Contract contained in this section; SCC means of Special Conditions of Contract; The Purchaser means the organization purchasing the Goods, as named in SCC; The Supplier means the individual or firm supplying the Goods and Services under the Contract; Day means calendar day. 2. Application 2.1 The General Conditions shall apply to the extent that they are not superseded by provision in other parts of the Contract. 3. Standards 3.1 The Goods supplied under this Contract shall conform to the standards mentioned in the Technical Specifications. 4. Use of Contract Documents and Information. 4.1 The supplier shall not, without the Purchaser s prior written consent, disclose the Contract, or and provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the Purchaser in connection therewith, to any person other than a person employed by the supplier in performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance. 4.2 The supplier shall not, without the Purchaser s prior written consent, make use of any document or information enumerated in GCC Clause 4.1 except for purposes of performing the Contract. 4.3 Any documents, other than the Contract itself, enumerated in GCC Clause, 4.1 shall remain the property of the Purchaser and shall be returned (in all copies) to the Purchaser on completion of the Supplier s performance under the Contract if so required by the Purchaser. 4.4 The supplier shall permit the Bank to inspect the Supplier s accounts and records relating to the performance of the Supplier and to have them audited by auditors appointed by the Bank, if so required by the Bank. 15

16 5. Patent Rights 5.1 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 India. 6. Performance Security 6.1 Within 7 (seven) days of receipt of the notification of contract award, the Supplier shall furnish performance security in the amount specified in SCC. 6.2 The proceeds of the Performance Security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier s failure to complete its obligations under the Contract. 6.3 The Performance Security shall be denominated in Indian Rupees and will be excepted in the form of demand draft/banker cheque in favour of Mission Director, Axom Sarba Siksha Abhiyan Mission, Assam, Kahilipara, Guwahati The Performance Security will be discharged by the Purchaser and returned to the Supplier not later than 90 days following the date of completion of the Supplier s performance obligations, under the contract. 7. Inspections and Tests a) The Purchaser or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Purchaser. The Purchaser may conduct tests to ascertain whether the technical specifications (Section-VI) are adhered to by the Supplier for the Goods to be delivered / delivered. b) The inspections and tests may be conducted on the premises of the Supplier, at point of delivery and/or at the Goods final destination. If conducted on the premises of the Supplier, all reasonable facilities and assistance, including access to drawings and production data shall be furnished to the inspectors at no charge to the Purchaser. c) Should any inspected or tested Goods fail to conform to the specifications, the Purchaser may reject the goods and the Supplier shall either replace the rejected Goods or make alternations necessary to meet specification requirements free of cost to the Purchaser. d) The Purchaser s right to inspect, test and, where necessary, reject the Goods after the Goods arrival at Project Site 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 shipment. e) On successful completion of acceptability test, receipt of deliverable etc. and after the purchaser is satisfied with the working of the system, the acceptance certificate signed by the supplier and the representative of the purchaser will be issued. The date on which such certificate shall be deemed to be the date of successful commissioning of the goods. f) Nothing in GCC Clause 7 shall in any way release the Supplier from any warranty or other obligations under this Contract. 8. Packing 8.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the Goods final destination and the absence of heavy handling facilities at all points in transit. 16

17 8.2 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 including additional requirements, if any, specified in SCC and in any subsequent instructions ordered by the Purchaser. 9. Delivery and Documents 9.1 Delivery of Goods shall be made by the Supplier in accordance with the terms specified by the Purchaser in the Notification of Award. The details of shipping and/or other documents to be furnished by the Supplier as specified in the bid. 10. Insurance 10.1 The Goods supplied under the Contract shall be fully insured in Indian Rupees against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified in the bid. 11. Transportation Where the Supplier is required under the Contract to transport the Goods to a specified place of destination within India defined as Project site, transport to such place of destination in India including insurance, as shall be specified in the Contract, shall be arranged by the Supplier, and the related cost shall be included in the Contract Price. 12. Incidental Services 12.1 Prices charged by the Supplier for incidental services, if not included in the Contact Price for the Goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged for other parties by the Supplier for the similar services. 13. Warranty 13.1 The Supplier warrants that the Goods supplied under this contract are new, unused, of the most recent or current models and that they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The Supplier further warrants that the Goods supplied under this contract shall have no defect arising from design, materials or workmanship (except when the design and /or material is required by the Purchaser s Specifications) or from any act or omission of the Supplier, that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination The Purchaser shall promptly notify the Supplier in writing of any claims under this warranty Upon receipt of such notice, the Supplier shall, with all reasonable speed, replace the defective Goods or parts thereof, free of cost at 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 If the Suppliers, having been notified, fails to remedy the defect (s) within the period specified 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. 14. Payment 14.1 The method and conditions of payment to be made to the Supplier under the Contract shall be as specified in the SCC The Supplier s request(s) for payment shall be made to the Purchaser in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and the Services performed, and by documents submitted pursuant to GCC Clause 10, and up to fulfilment of other obligations stipulated in the Contract. 15. Prices 17

18 15.1 Price charged by the Supplier for Goods delivered and Services performed under the Contract shall not vary from the price quoted by the Supplier in its Bid. Price payable to the Supplier as stated in the contract shall be fixed during performance of the Contract. 16. Change Orders 16.1 The Purchaser may at any time, by a written order given to the Supplier pursuant to GCC Clause 29, make changes with the general scope of the Contract in any one or more of the following : (a) (b) (c) (d) Drawing, design or specifications, where Goods to be furnished under the contract are to be specifically manufactured for the purchaser; Method of shipping or packing; Place of delivery; and/or Services to be provided by the Supplier If any such change cause an increase or decrease in the cost of, or the time required for, the Supplier s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this clause must be asserted within seven (7) days from the date of the Supplier s receipt of the Purchaser s change order. 17. Contract Amendments Subject to GCC Clause 16, no variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties. 18. Assignment 18.1 The Supplier shall not assign, in whole or in part, its obligations to perform under the Contract, except with the Purchaser s prior written consent. 19. Sub-Contracts 19.1 The Supplier shall not sub-contract the awarded under this Contract. 20. Delays in the Supplier s Performance 20.1 Delivery of the Goods and the performance of the services shall be made by the suppliers in accordance with the time schedule specified by the Purchaser in the Schedule of Requirements If at any time during performance of the Contract, the Supplier should encounter conditions impending timely delivery of the Goods and performance of Services, the Supplier shall promptly notify the Purchaser in writing of the fact of the delay, its likely duration and its cause(s). As soon as practical 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 Except as provided under GCC Clause 23, a delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 20, unless an extension of time is agreed upon pursuant to GCC Clause 20.2 without the application of liquidated damages. 21. Liquidated Damages 21.1 Subject to GCC Clause 23, if the Supplier fails to delivery any or all the Goods or to perform the Services within the period(s), specified in the Contract, the Purchaser shall, without prejudice to other remedies under the Contract, deduct from the Contract Price, as liquidated 18

19 damages, a sum equivalent to 0.02% per day, of the delivered price of the delayed Goods or unperformed Services for each day or part thereof of delay until actual delivery or performance, up to a maximum delay period of fifteen (15) days. Once the maximum is reached, the Purchaser may consider termination of the Contract pursuant to GCC Clause Termination for Default 22.1 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 period(s) specified in the Contract, or within any extension thereof granted by the Purchaser pursuant to GCC Clause 20; 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 corrupt or fraudulent practices in competing for or in executing the Contract, 22.2 In the event the Purchaser terminates the Contract in whole or in part, pursuant to GCC Clause 22.1, 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 cost for such similar Goods or services. However, the Supplier shall continue the performance of the Contract to extent not terminated. 23. Force Majeure 23.1 Notwithstanding the provision of GCC Clauses 20, 21, 22 the Supplier shall not be liable for forfeiture of its performance security liquidated damages or termination for default, if and to the extent that the delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure For purpose of this Clause, Force Majeure means an event beyond the control of the Supplier and not involving the suppliers fault or negligence and not foreseeable. Such event may include, but are not limited to, acts of the Purchaser either is sovereign or the Contractual capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes If a Force Majeure situation arises the Supplier shall promptly notify the Purchaser in writing of such conditions and the cause thereof. Unless otherwise directed by the Purchaser in writing. The Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 24. Termination for Insolvency 24.1 The Purchaser may at any time terminate the Contract by giving written notice to the Supplier, if the Supplier becomes bankrupt or other wise 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. 25. Termination for Convenience 25.1 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 the termination be for Purchaser convenience, the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective. a. To have any portion completed and delivered at the Contract term and the prices; and/or 19

20 b. 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. 26. Resolution of Disputes 26.1 The Purchaser and the Supplier shall make every effort to resolve amicably by direct informal negotiation any disagreement or disputes arising between them under or in connection with the Contract If, after 30 (thirty) days from the commencement of such informal negotiation, the Purchaser and the Supplier have been unable to resolve amicably a Contract dispute, either party may require that the dispute be referred for resolution to the formal mechanisms. These mechanisms may include, but are not limited to conciliation mediated by a third party, adjudication in an agreed national or international forum, and national or international arbitration. 27. Governing Language 27.1 The contract shall be written in English language. Subject to GCC Clause 30. English language version of the Contract shall govern its interpretation. All correspondence and other documents pertaining to the Contract which are exchanged by the parties shall be written in the same language. 28. Appliletter Law 28.1 The Contract shall be interpreted in accordance with the laws of the Union of India. All legal matter arising out of the bidding process can be taken up at the courts having competent to entertain that matter in Guwahati only. 29. Notices 29.1 Any notices given by one part to the other pursuant to this Contract shall be sent to other party in writing or letter, Fax or facsimile and confirmed in writing to the other Party s address specified in SCC A notice shall be effective when delivered or on the notice s effective date, whichever is later. 30. Taxes and Duties 30.1 The rate quoted must be inclusive of all types/ category of taxes, entry taxes (as applicable), duties, license fees, octroi, road permit etc. incurred until delivery of the ordered Goods to the Purchaser. Supplier shall be entirely responsible for payment of all taxes, duties license fees, octroi, road permit etc. incurred until delivery of the ordered Goods to the Purchaser No taxes/other formats/permits or certificate other than the work order will be issued by the purchaser to the suppliers during transit etc. 20