GENERAL INSTRUCTIONS TO TENDERERS

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1 GENERAL INSTRUCTIONS TO TENDERERS 1. Submissions and Opening of the Tenders: The tenders must be submitted in TWO separate sealed envelopes clearly marked: A) " TECHNICAL BID FOR (Sr.No..& Name of item quoted) " and B) " FINANCIAL BID FOR (Sr.No..& Name of item quoted) ". C) Both the bids should be again be enclosed in another sealed envelope and clearly marked "TENDER FOR (Sr.No..& Name of item quoted) " and REF. NO. IMP/ DUE ON..and addressed to the Director, National Institute of Oceanography, Dona Paula, Goa , India so as to reach in the Office of Stores & Purchase Officer, CSIR- NIO, Goa UPTO HOURS. on. D) If the outer envelope is not sealed and marked as required, the Purchaser will assume no responsibility for the bid s misplacement or premature opening. E) Technical BID should not include price and will be opened in CSIR- NIO, Goa on. at Hours in presence of the tenderers or their authorised representatives, if any present. Technical bid SHOULD contain all the technical aspects of the items with Specification Compliance Chart as per format enclosed at TABLE A. Also warranty clause, delivery schedule, details of AMC (WITHOUT PRICE DETAILS) etc. should be indicated. F) Financial BID shall be retained in the sealed envelope in the custody of the Stores & Purchase Officer, CSIR-NIO, Goa. Financial Bid of the technically short listed tenderers, will be opened in presence of the tenderers or their authorised representatives, if any present, at any date and time to be fixed by this Office, with an advance intimation to the party concerned. Financial Bids should contain Price quoted, Price of extended warranty, Price of AMC to be paid after the warranty period, etc. G) No bid may be modified subsequent to the deadline for submission of bids. Overwriting and corrections should be attested properly.

2 2. In the event of the date specified for bid receipt and opening being declared as a closed holiday for purchaser s office, the due date for submission of bids and opening of bids will be the following working day at the appointed times. 3. Late and incomplete tenders shall be rejected and /or returned unopened to the Bidder. 4. The Purchaser will examine the technical bids to determine whether they are complete, whether required sureties have been furnished, whether the documents have been properly signed, and whether the bids are generally in order. The purchaser may discuss the technical bid with the bidders if required who may modify their bids to suit the requirement. Those whose technical specifications do not reach the threshold level of acceptability will be rejected as technically unsuitable. Tenderer should be able to complete the following requirements, if required within the dates prescribed by CSIR-NIO: 1. Presentation/Demonstration of the quoted products 2. Negotiate any technical and/or commercial terms, if required by CSIR-NIO. 5. Make/Brand and the name of the manufacturer with address, Country of Origin, Country of Shipment and Currency in which rates are quoted should be clearly mentioned. Manufacturers/ Suppliers/Tenderers that are having ISO accreditation should indicate in their tender. 6. National Institute of Oceanography (CSIR-NIO) is registered with Deptt. Of Scientific & Industrial Research (DSIR), Govt. of India and is exempted from Customs/Excise Duty. Thus the quotation for any item manufactured abroad should be prepared accordingly. Similarly, CSIR- NIO is not entitled to issue of form "C" or "D". However, a certificate of Concessional Sales Tax as applicable to Research & Development Institutes can be issued on request for which CST applicable may be indicated in your tender, if any. 7. The Purchaser 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 and where necessary, reject the Goods after the Goods arrival at Project Site. 8. Foreign tenderers should have their authorized Agents in India with technical expertise and trained personnel to render After Sales

3 Service. If the Ex-Works price includes any agency commission payable to Indian Agent, in such case the percentage of agency commission should be mentioned with the name and address of the Indian Agent. 9. All the components should contend to specifications stated above. All the materials and components should be of good quality and from reputed manufacturers in India and abroad. Any items which do not contend to the specifications/configuration and which does not match the performance results, will be rejected. 10. All imported components should be quoted in respective country currencies, with a provision to import by CSIR-NIO directly from the manufacturer / Supplier. In case, the quotation is raised by their Indian agent, on behalf of their principals, documentary proof of their registration with DGS&D if any, attested copies of agreement entered into between them & their foreign manufacturer / Supplier should be furnished. 11. Expenditure involved towards any extra materials required or labour involved for successful installation of the equipment, if not quoted for, would have to be borne by the tenderer. 12. The tender should be valid for a minimum period of 120 days from the date of opening the tender. 13. The submission of tender shall be deemed to be an admission on the part of the tenderer, that the tenderer has fully acquainted with the specifications, drawings etc. and no claim other than what stated in the tender shall be paid in the event of award of Purchase Order. 14. Acceptance of this tender form and submission of the quote within the stipulated time would be treated as: a) acceptance to provide/establish all the facilities mentioned in our tender without any price escalation, if the tenderer finds it necessary to add any hardware or software or any other materials during implementation. b) agreeing to execute order to the satisfaction of CSIR-NIO or its authorised representative within the stipulated time. c) Agreeing to sign an agreement with the CSIR-NIO for supply, installation, and commissioning of the ordered system. 15. Tenders from the Manufacturers/Suppliers/Tenderers whose performance was not satisfactory in respect of quality of supplies and delivery schedules in any organizations, are liable for rejection. The

4 tenders that do not comply with the above criteria and other terms & conditions are liable for rejection. 16. Force Majeure: 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. 17. Applicable Law: Except where otherwise provided in the contract, all disputes and differences relating to the meaning of the specifications, designs, drawing and instructions herein before mentioned and as to the quality or materials used on the work or as to any other questions, claim, right matter or thing whatsoever in any way arising out of or relating to the contract, design, specification, estimates, instructions, orders on these conditions or otherwise concerning the works, or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be referred to the sole arbitration of the person appointed by the Director-General, Council of Scientific & Industrial Research, Anusadhan Bhavan, Rafi marg, New Delhi. The award of arbitration shall be binding upon the parties to the disputes. Settlement of disputes, if any, will be within the jurisdiction of the Courts in the State of Goa-India. 18. The decision regarding acceptance or rejection of the quotation(s) will rest with the Director, National Institute of Oceanography, Goa, who does not bind himself to accept the lowest quotation and reserve the right to himself, to reject or partly accept any or all the quotations received without assigning any reason.

5 SPECIAL CONDITIONS OF TENDER 1.EMD (Earnest Money Deposit): a) All tenderers are required to deposit EMD in accordance with tender notice in the form of Demand Draft or Bankers Cheque from any Scheduled bank in favour of the Director, National Institute of Oceanography, Goa payable at Panaji/Dona Paula-GOA(India). No cash or cheques from the party shall be accepted. Foreign bidders can deposit EMD in equivalent currency. b) EMD should be enclosed in the Technical Bid only and not in financial bid, failing which the offer shall be liable for rejection. c) EMD may be forfeited: i) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid Form; or ii) in case of a successful Bidder, if the Bidder fails to furnish execution guarantee and performance security(guarantee). d) EMD of unsuccessful bidders shall be returned within 15 days of the award of the contract on request in the prescribed format attached. e) Firms registered with DGS&D, NSIC and Govt. Public Undertakings are not exempted from payment of EMD. f) All tenders received without EMD shall be summarily rejected. All purchases made for scientific purpose are exempt from Customs/Excise duty. 2. Price: a) The prices/rates quoted should be on C.I.F. Dabolim Airport, Goa or on F.O.B./F.C.A. (nearest international airport) or on High sea sales basis. b) The price bid should also contain details of prices i.e. Ex-Works price, cost of packing & forwarding, & approx. cost of airfreight for delivery up to the final Airport Destination DABOLIM AIRPORT, GOA-INDIA via MUMBAI. c) Shipment can be arranged on Airfreight-collect basis through CSIR- NIO s designated freight forwarder in consolidation services. d) There is a Customs clearance Port in Goa-India and the shipment will be cleared from Goa Customs by CSIR-NIO. 3. Warranty:

6 a) The goods must be guaranteed for a period of 12 months from the date to its successful installation against all manufacturing defects. b) Supplier shall give a Warranty Certificate for a period of.. months from the date of installation, to the effect that the material supplied to the Purchaser shall be free from all defects and faults in materials, workmanship and manufacture; shall be of the highest made and consistent with the established and generally accepted standards; shall be in conformity with the specifications and be if operable, operate properly. c) The supplier free of cost shall replace/repair any materials found not according to the specifications of this Purchase Order or found defective/non-working during warranty period, on CIF basis. d) The down time of the equipment should not be more than 48 hours at a time and the total uptime per year should be 95% during the warranty period. 4. Post Warranty: The firm should invariably quote separately for the AMC for additional 24 Months period and this should be on comprehensive basis i.e. including replacement of parts without which the offer will not be considered. 5. Payment terms: i) 80% payment shall be made by Sight Draft/an Irrevocable Letter of Credit established in favour of the supplier through "State Bank of India, Dona- Paula Branch, Goa or any other authorized bank for the order value, excluding the Agency Commission due to the Agents after supply, installation & commissioning in house training to staff and satisfactory acceptance of the item. ii) Balance 20% will be released after satisfactory acceptance and receipt of Bank Guarantee for 20% of total order value either from Principal or from their Agent towards performance security to be valid for warranty period plus two months grace period from the date of installation and acceptance. The value 20% will base on the exchange value at the time of release of 80% payment or on the date of release of 20% whichever is lower. However, L/C will be opened for the full amount. 6. Packing:

7 a) 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 Purchase Order. 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. b) The packing, marking and documentation within outside the packages shall comply strictly with such special requirements as shall be provided for in the Contract including additional requirements, if any, and in any subsequent instructions ordered by the Purchaser. 7. The exporters will provide an Inspection Certificate in respect of inspection of material from international Inspection Agency in Exporters country, along with the shipping documents free of charge. 8. Tenderer should clearly define the infrastructure facilities required for installation and commissioning of the Equipment. The installation of the equipment must include the integration of this equipment with the existing LAN, wherever applicable. The terms and conditions for such support should also be defined clearly in their tender. 9. Insurance: The Insurance coverage will be taken by the Suppliers from Supplier s Warehouse to CSIR-NIO Warehouse towards physical damage of the consignment. CSIR-NIO s liabilities will be limited to get the survey done jointly with Suppliers and to ship the consignment back to Suppliers on freight to pay basis and Suppliers will ship the new Instrument/part immediately on receipt of the damaged parts. Suppliers should furnish shipping particulars to the Stores & Purchase Officer, CSIR- NIO, Goa , India over FAX No. 91(0) /602 before dispatch of the consignment. 10. Delivery period should be strictly adhered to. However, exceptional cases, depending upon the merit of the case, extension of delivery period shall be considered. EMD of the successful tenderer shall be forfeited in case of failure to comply with purchase order / contract terms. 11. Training & Installation: Supplier or their Indian Agent shall be responsible for installation/demonstration/training, and should have

8 technical expertise and trained personnel to render After Sales Services during the warranty period in India. Training of the Purchaser s personnel at the supplier s plant and/or on-site, in assembly, start-up, operation, maintenance and/or repair of the supplied goods wherever applicable should be provided free of cost. The work of installation and commissioning shall commence within a week from the date of receiving the materials and completed in all respect within stipulated time frame, failing which the firm shall be liable to pay liquidated damages to be recovered at 1% per week subject to a maximum of 10% on the total value of order. The successful bidder will be required to carry out the said work with utmost care and diligence and ensure that no loss to property/equipment /installations of the CSIR-NIO. In case any loss is sustained due to the negligence or carelessness of personnel deployed by the successful bidder, the same will be recovered from the successful bidder. The successful bidder shall be responsible for supply of the quality materials (confirming to specifications provided in the Purchase Order) used and in case of default; the firm shall be liable for the same. Expenditure involved towards any extra materials involved for successful implementation of the project, if not quoted for, will be borne by the firm. The work shall strictly be carried out as per the specifications and instructions issued by the team of investigators for this project. In order to facilitate satisfactory installation continuous the concerned CSIR-NIO officials will do monitoring of the work. 12. Calibration certificates should be furnished along with the supplies, wherever applicable. 13. If the quoted value includes any agency commision payable to your agents in India, in such case the percentage of commission, payable on Ex-Works/F.O.B/F.C.A., value should be indicated with the name and address of the Indian Agent, so that this amount will be paid to them in Indian Currency after receipt of materials at CSIR-NIO stores in sound condition and without any defect/deficiency and/or after satisfactory installation /demonstartion of the equipment, wherever applicable and any other specific condition 14. Bank Guarantee for performance of the equipment: The successful bidder shall furnish an unconditional Performance Bank Guarantee (format enclosed) valid till 60 days after the warranty period from any nationalized/scheduled bank located in India or a bank located

9 abroad, for 10% of the order value. This Bank Guarantee should be furnished within 15 days of the receipt of the Purchase Order. 15. FORFEITURE OF EMD: Failure of the successful bidder to accept the order shall constitute sufficient grounds for the annulment of the award and forfeiture of the EMD, in which event the Purchaser may make the award to the next lowest evaluated bidder or call for new bids. 16. Delay in the Supplier s Performance: 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 Schedule of requirements. If at any time during performance of the Contract, the Supplier or its Indian Agents should encounter conditions impeding 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 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. 17. Spare Parts: Tenderers shall give an undertaking for after sales services and for providing `spares / consumable / software for a period of at least 8 years from the date of satisfactory installation. 18. Manuals: The catalogue/pamphlets/literature brochure and instruction manuals for operation and maintenance of the equipment, must be attached along with your quotation/proforma invoice. 19. Equipment s point-by-point comparison/compliance statement with technical specifications indicated in the tender, should be enclosed along with your tender as well as any other extra features of the equipment be shown separately therein. The tender shall consist of an item-by-item commentary on the Purchaser s Technical Specifications demonstrating substantial responsiveness of the goods and services to those specifications or a statement of deviations and exceptions to the provisions of the Technical Specifications. For Indigenous supply : a) The quote should be FOR NIO at the stipulated destination in India

10 i.e. inclusive of packing & forwarding, freight, insurance charges (if any break-up prices may be indicated) otherwise the quote may not be considered for evaluation. b) Excise Duty: please note this Institute is exempted from payment of Central Excise duty in terms of Government Notification No. 10/97- Central Excise Dated Hence, quote accordingly. c) The rate of VAT/Service Tax if applicable must be indicated clearly. This office is not eligible to issue form C or D. d) Payment in Indian Rupees: 80% payment will be made on supply, installation and in-house training of staff & its satisfactory acceptance of the item in NIO Campus and balance on submission of 20% performance Bank Guarantee for total order value valid till warranty period with additional 2 months grace period. QUESTIONNAIRE a. Name of the Manufacturer/Tenderer

11 b. Full postal address with Telephone, Telefax, c. Please specify whether public Limited, Company, Private Organisation or Partnership Firm d. Nature of the Business e. Date of Establishment f. Present Turnover g. Permanent Income Tax Ref. No. h. C.S.T./S.T. NO. i. Address & Telephone Nos. Of your branch office in GOA (please specify whether Distributing/Servicing/Marketing the products j. Reference of reputed Customers k. Details of the highest order executed and value thereof l. Having ISO accreditation m. Authorisation from Manufacturer/Supplier attached n. E.M.D. attached with TECHNICAL BID o. Infrastructure facilities required for installation & commissioning attached p. Technical Specifications/Literature/Brochure attached q. Furnished all information required by the tender document. (Name & Signature of the Tenderer) PERFORMANCE SECURITY FORM To: (Name of Purchaser) WHEREAS... (Name & address of Supplier) hereinafter called "the Supplier" has undertaken, in pursuance of Contract No... dated, to supply......(description of Goods and Services)

12 hereinafter called "the Contract". AND WHEREAS it has been stipulated by you in the said order that the Supplier shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with the Supplier's performance obligations in accordance with the contract. AND WHEREAS we have agreed to give the Supplier a Guarantee: THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Supplier, 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 Supplier to be in default under the contract and without cavil or argument, any sum or sums within the limit 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 supplier before presenting us with the demand. 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 suppler shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change, addition or modifications. This guarantee is valid until the...day of (Signature of the authorised officer of the bank) Name designation of the officer Seal, name & address of the Bank and address of the Branch... All correspondence with reference to this guarantee shall be made at the following address: The Director, CSIR-NATIONAL INSTITUTE OF OCEANOGRAPHY, DONA PAULA, GOA , INDIA. Attn. Stores & Purchase Officer EMD REFUND FORM NO. T.R. 61 Deposit Repayment Order and Voucher (See Rule 620) N.I.O. Month of 2012

13 Head of Account Deposits. Voucher No. of list of payments. Original Date of Name of Amount Originally Number Deposit Depositor deposited Rupees In this space a translation of the receipt form into the current Indian language should be given Received this day of 2004 The sum of Rupees Examined and entered Being the amount payable to M/s Date On account of the deposit described above. Accountant Pay Rs. (Rupees only (Sign on Revenue Stamp) Claimant s Signature Passed for payment to Rs. (Rupees Date: Sr. F & A. O. Date: Stores & Purchase Officer