e-TE DER OTICE O. TE-710/2012-13 - Irrigation Department,Uttar ...
e-TE DER OTICE O. TE-710/2012-13 - Irrigation Department,Uttar ...
e-TE DER OTICE O. TE-710/2012-13 - Irrigation Department,Uttar ...
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BIDDIG DOCUMET<br />
FOR<br />
MAUFACTURE AD SUPPLY OF<br />
TWO WAY PVC OUTLET VALVE I VARIOUS<br />
TUBEWELL DIVISIOS OF IRRIGATIO DEPARTMET,<br />
UTTAR PRADESH<br />
BID REFERENCE : <strong>TE</strong>-<strong>710</strong>/<strong>2012</strong>-<strong>13</strong><br />
LAST DA<strong>TE</strong> AND TIME FOR : 24.09.<strong>2012</strong> UP TO 14.00 HOURS<br />
SUBMISSION OF e-BIDS<br />
DA<strong>TE</strong> AND TIME OF OPENING : 24.09.<strong>2012</strong> AT 16.00 HOURS<br />
OF e-BIDS<br />
PLACE FOR OPENING OF e-BIDS :<br />
OFFICE OF THE SUPERIN<strong>TE</strong>NDING ENGINEER<br />
Central Equipment & Stores Procurement<br />
Circle-II, Ganga Sinchai Bhawan, Telibagh,<br />
LUCKNOW-226025<br />
ADDRESS FOR COMMUICATIO : SUPERIN<strong>TE</strong>NDING ENGINEER<br />
Central Equipment & Stores Procurement<br />
Circle-II, Ganga Sinchai Bhawan, Telibagh,<br />
LUCKNOW-226025 Ph.no 0522 2442475<br />
E-Mail Address: se_cespoc2_lko@idup.gov.in<br />
BID SECURITY : Rs. 1.37Lacs.<br />
This Document Contains Pages - 57<br />
It will be responsibility of the bidders to check U.P.Government e-procurement<br />
website http://etender.up.nic.in for any amendment through corrigendum in the<br />
tender document. In case of any amendment, bidders shall incorporate the<br />
amendments in their bid accordingly.<br />
Tender Document Fee : Rs.300.00+<br />
VAT @ <strong>13</strong>.5%
2<br />
Index<br />
1. E-Tender otice 03<br />
2. Invitation for Bids 04-05<br />
3. Section I - Instruction to Bidders 06-16<br />
(A) The Bidding Document 06-07<br />
(B) Preparation of Bids 07-<strong>13</strong><br />
(C) Bid Opening and Evaluation of Bid <strong>13</strong>-15<br />
(D) Award of Contract 15-16<br />
4. Section II- Conditions of Contract 17-38<br />
II (A) General Conditions of Contract (GCC) 17-27<br />
II (B) Special Conditions of Contract(SCC) 28-38<br />
5. Section III - Technical Bid 39-51<br />
III (A) Technical Specifications 39-42<br />
III (B) Technical Conditions including 43-46<br />
Qualification Requirements<br />
III (C) Bid Form 47<br />
III (D) Supply Order Statement/Annexure-A1 48<br />
III (E) Performance Certificate Statement/Annexure-A2 49<br />
III (F) Check List/Annexure ’Q’ 50<br />
III (G) Validity Commitment/ Annexure ‘VC’ 51<br />
6. Section IV - Financial Bid 52-53<br />
IV (A) Price Schedule/BOQ/ Schedule ‘A’ 52<br />
IV (B) Form of Agreement 53<br />
7. Section V - Forms of Bank Guarantee for 54-57<br />
Earnest Money and Performance Security<br />
V (A) BG Form for EMD 54-55<br />
V (B) BG Form for Performance Security 56-57
3<br />
Office of The Superintending Engineer<br />
Central Equipment & Stores Procurement Circle-II,<br />
Ganga Sinchai Bhawan, Telibagh,<br />
LUCKOW-226025<br />
IVITATIO FOR BIDS<br />
e-<strong>TE</strong><strong>DER</strong> <strong>OTICE</strong> O. <strong>TE</strong>-<strong>710</strong>/<strong>2012</strong>-<strong>13</strong><br />
Online e-bids on prescribed bid forms in three parts namely (i) Earnest Money Bid (ii) Technical bid (iii) Price bid are<br />
invited simultaneously by the undersigned on behalf of the Governor of <strong>Uttar</strong> Pradesh only from ISO: 9001-2000 certified<br />
Original Manufacturers registered with Director of Industries of the State / N.S.I.C./ D.G.S.& D./ Ministry of Industries.<br />
Government of India as original manufacturers for various type PVC Pipe fittings & PVC Outlet Valve under FIRM & FIXED<br />
PRICE up to 14.00 Hours on 24.09.<strong>2012</strong> and shall be opened at 16.00 Hours on the same prescribed day as stated below but<br />
part ‘C’ i.e. price bid shall be opened later on a specified date i.e. <strong>13</strong>.10.<strong>2012</strong> at 15.00 Hours which shall also be intimated to<br />
the bidding firms after completing technical evaluation. In case the date of opening of bids is declared a holiday then the e-bids<br />
shall be opened on the next working day at the same time. The details for submission of bids are available in the bid document<br />
uploaded on the e-procurement website- http://etender.up.nic.in. The bidder are required to submit one No. Sample of Two<br />
Way PVC Outlet Valve duly manufactured as per <strong>Department</strong>al Technical Specifications at Unit-7, CESPO-II, I.D.U.P.,<br />
Lucknow in the presence of departmental representative on 22.09.<strong>2012</strong> Noon during working hours failing which their offer<br />
shall be treated as non responsive. The undersigned reserves the right to cancel any or all the e-bids/ annul the bidding process<br />
without assigning any reason. The bidders are required to be registered with U.P. Electronic Corporation, Ashok Marg,<br />
Lucknow by depositing Rs. 6000.00 (Rs. Six Thousand only) as fees for participation in the e-Tendering. Those Bidders who<br />
are not registered with Director of Industries of the State/ N.S.I.C./ D.G.S. & D. for participation in bid for bidding item are<br />
required to submit Bid Security(EMD) in amount as stated below which should be pledged in favor of the Superintending<br />
Engineer, CESPO-II, I.D.U.P., Lucknow. But bidders who are intended to seek exemption from submitting bid security (EMD).<br />
Should submit relevant Industries Registration Certificate issued by competent authority with request letter for exemption as<br />
well as the bid document fee through Demand Draft/ Bankers Cheque payable in favor of the Executive Engineer, Inventory<br />
Control Division, Lucknow as stated below, prior to the schedule date & time of opening of bid, failing which bid shall not be<br />
considered/ opened. The quantity mentioned herein under is tentative and subject to change as per actual requirement at the<br />
time of deciding purchase, ordered material shall be delivered through out U.P. at consignee’s stores as per dispatch<br />
instructions. No deviation/ alteration in the technical specifications/ conditions stipulated in the tender documents shall be<br />
allowed.<br />
(a)<br />
Two-Way PVC Outlet Valve suitable for 160mm. diameter<br />
PVC Pipe line as per Drawing & Technical Specifications<br />
stipulated in Tender Document.<br />
10000 os.<br />
(b) Date & time for Availability of the bid document on website. 24.08.<strong>2012</strong> From 17.00Hours onwards<br />
(c) Period for Bid submission along with Bid Document Fee, Bid 25.08.<strong>2012</strong> From 10.00 Hr to 24.09.<strong>2012</strong> up to<br />
Security/ Industries Registration Certificate for exemption from<br />
EMD and other supporting documents in PDF/XLS format.<br />
14.00 Hours<br />
(d) Online opening date & time of Part “A” i.e. Earnest Money Bid. 24.09.<strong>2012</strong> at 16.00 Hours<br />
(e) Online opening date & time of Part “B” i.e. Technical Bid. 29.09.<strong>2012</strong> at 16.00 Hours<br />
(f) Online opening date & time of Part “C” i.e. Price Bid. <strong>13</strong>.10.<strong>2012</strong> at 15.00 Hours<br />
(g) Venue of opening of bid. Office of The Superintending Engineer, Central<br />
Equipment & Stores Procurement Circle-II, Ganga<br />
Sinchai Bhawan, Telibagh, Lucknow(U.P.)-<br />
226025.Ph.No. 0522 2442475<br />
(h) Bid document fee. Rs. 300.00 (Rupees Three Hundred only)+ VAT<br />
@ <strong>13</strong>.5%<br />
(i) Bid Security (Earnest Money Deposit). Rs. 1.37Lacs (Rupees One Lacs Thirty Seven<br />
Thousand only)<br />
Superintending Engineer<br />
Central Equipment & Stores Procurement Circle-II,<br />
<strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow.
4<br />
IVITATIO FOR BIDS<br />
This invitation for bids is for Manufacturer & supply of Two-Way PVC Outlet Valve & its<br />
supply for Construction of Tube well in <strong>Irrigation</strong> <strong>Department</strong>, U.P.<br />
1. Bidders are advised to study the Bid Document carefully. Submission of bids against the tender<br />
notice shall be deemed to have been done after careful study and examination of the procedures,<br />
terms and conditions stipulated in the Bid Documents with full understanding of its implications.<br />
2. The bids prepared in accordance with the procedures enumerated in ITB of Section-1 should be<br />
submitted through uploading on e-procurement website http://etender.up.nic.in.<br />
3. The bid document is available at e-procurement website http://etender.up.nic.in. Interested bidders<br />
may view, download the bidding document, seek clarification and submit their bid online up to the<br />
date & time mention in the table below:<br />
(a) Date of publication of tender notice On U.P. Govt. website www.upgov.nic.in<br />
and in various editions of leading<br />
newspaper published after 24.08.<strong>2012</strong><br />
onwards.<br />
(b) Availability of the bid document on e- 24.08.<strong>2012</strong> From 17.00 Hours onwards<br />
(c)<br />
procurement website.<br />
Period for Bid submission along with submission<br />
of bid document fee, EMD and other supporting<br />
documents in PDF/XLS format.<br />
(d) Online opening date & time of Part “A” i.e.<br />
Earnest Money Bid.<br />
(e) Online opening date & time of Part “B” i.e.<br />
Technical Bid.<br />
(f) Online opening date & time of Part “C” i.e.<br />
Price Bid.<br />
(g) Venue for opening of bid.<br />
(h) Bid document fee.<br />
25.08.<strong>2012</strong> From 10.00 Hour to<br />
24.09.<strong>2012</strong> up-to 14.00 Hour<br />
24.09.<strong>2012</strong> at 16.00 Hours<br />
29.09.<strong>2012</strong> at 16.00 Hours<br />
<strong>13</strong>.10.<strong>2012</strong> at 15.00 Hours<br />
Office of The Superintending Engineer,<br />
Central Equipment & Stores Procurement<br />
Circle-II, Ganga Sinchai Bhawan, Telibagh,<br />
Lucknow(U.P.)-226025.<br />
Rs. 300.00 (Rupees Three Hundred only)<br />
+ VAT @ <strong>13</strong>.5%<br />
(i) Bid Security(Earnest Money Deposit) Rs. 1.37Lacs (Rupees One Lacs Thirty<br />
Seven Thousand only)<br />
4. The bidders are required to submit the cost of bidding document as stated above through demand<br />
draft/ Banker’s cheque payable in favor of the Executive Engineer, Inventory Control Division,<br />
Lucknow by post/courier, prior to the scheduled date & time of opening of bid, failing which bid<br />
shall not be considered/opened.<br />
5. All bids must be accompanied by a Bid Security (EMD) in the form of Bank Guarantee in<br />
prescribed proforma annexed in section-V(A) or FDR/TDR of scheduled Bank which shall be duly<br />
pledged in favor of Superintending Engineer, Central Equipment & Stores Procurement Circle-II,<br />
<strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow or Registration Certificate for Exemption from Depositing<br />
EMD with request letter for exemption. The scanned copy of the bid document fee Bid Security/<br />
Registration Certificate for Exemption with request letter of power of attorney must be up loaded<br />
electronically along with the bids and the original copy of bid document fee, bid<br />
security/registration certificate for exemption Power of Attorney made in the name of individual
5<br />
whom signed bid document digitally through DSC & Validity Commitment in prescribed format<br />
stipulated as annexure in ITB of Section III(G) on non judicial stamp paper of Rs. 100.00 each<br />
should be furnished to the purchaser’s office at Lucknow before opening of Part “A” of submitted<br />
bid, failing which the bid shall not be considered/ opened.<br />
6. The bids shall be electronically opened in the presence of bidder’s representatives, who choose to<br />
attend, at the venue, date and time mentioned above.<br />
7. The Purchaser reserves the right to cancel any or all the bids/annul the bidding process without<br />
assigning any reason thereof.<br />
8. In the event of date specified for bids opening, being declared a holiday then the bids shall be<br />
opened on the next working date at scheduled time.<br />
9. All the required documents shall be submitted/ uploaded by the bidder electronically in the PDF<br />
format. However, the Financial Bid should be submitted in the XLS format, The required<br />
electronic documents for each document label of Part ‘A’ Earnest Money (Bid Document Fee, Bid<br />
Security or Registration Certificate for Exemption with request letter Power of Attorney &<br />
Validity Commitment), Part ‘B’ Technical (Complete Technical offer, Bid Form, Form of<br />
Agreement, Industries Registration, ISO Certificate, Check List and Document pertaining to<br />
Qualifying & Technical Conditions such as Trade Tax clearance Certificate undertaking for<br />
CANVAT, Technical Literature, Technical/ Financial Capabilities, Testing facilities, List of Plant<br />
& Machinery Installed Quality Assurance system, BIS License, Type Test Report, Guarantee of<br />
Workmanship and material, Detail of supplies made to Govt. Deptt. & Performance Certificate in<br />
respect of supplies referred) and Part ‘C’ financial (Price Schedule/BOQ) schedules/packets can be<br />
clubbed together to make single file for each different label. Each of the files can be zipped<br />
through ``Winzip’’ utility so that the size of the files is reduced for faster online<br />
submission/uploading.<br />
10. Exemption from depositing the earnest money shall be admissible to the firm registered as Small<br />
Scale Unit for participation in store purchase programme with Director of Industries, U.P. or<br />
National Small Scale Industries Corporation as per clause 12.8 of I.T.B. & the bidder is required to<br />
furnish the scanned copy of such valid registration with request for exemption in Part-‘A’ of their<br />
offer to avail the exemption.<br />
11. Quantity as mentioned in e-Tender Notice is tentative and liable to change as per terms and<br />
conditions of Bid Documents.<br />
12. No deviation from the Technical specification & Technical Conditions shall be acceptable in<br />
Technical part-‘B’ of Bid.<br />
<strong>13</strong>. The bidders are required to submit one no. tender sample of Two Way PVC outlet Valve duly<br />
manufactured as per departmental technical specifications at Unit-7, Central Equipment & Stores<br />
Procurement Circle-II, <strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow in the presences of departmental<br />
representative on 1.04.2011 to 2.04.2011 during working hours, soiling which their offer shall be<br />
treated as non responsive.<br />
Superintending Engineer<br />
Central Equipment & Stores Procurement Circle-II,<br />
<strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow
6<br />
SECTIO I : ISTRUCTIOS TO BID<strong>DER</strong> (ITB)<br />
(A) THE BIDDIG DOCUMETS<br />
1. Cost of Bidding:<br />
a) The Bidder shall bear all cost associated with the preparation and submission of their bid<br />
and Superintending Engineer, Central Equipment & Stores Procurement Circle-II,<br />
<strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow hereinafter referred to as “the purchaser”, will in no<br />
case be held responsible or liable for these costs, regardless of the conduct or outcome of<br />
the bidding process.<br />
b) This bid document is available on the website http://etender.up.nic.in to enable the<br />
bidders to view, download the bidding document and submit their bids online up to the last<br />
date and time mentioned in e-tender notice/ tender document against this tender. The<br />
bidders shall have to pay bid document fee of Rs.300.00 (Rupees Three Hundred Only) +<br />
VAT @ <strong>13</strong>.5% non refundable through Demand Draft or Banker’s Cheque payable in<br />
favor of The Executive Engineer, Inventory Control Division, <strong>Irrigation</strong> <strong>Department</strong>,<br />
Lucknow. The original Demand Draft or Banker’s Cheque should be received in the office<br />
of Superintending Engineer, Central Equipment & Stores Procurement Circle-II, <strong>Irrigation</strong><br />
<strong>Department</strong>, U.P., Lucknow before opening the Part “A” of bid.<br />
2. Contents of Bidding Documents:<br />
2.1 The bidding procedures and contract terms & conditions are prescribed in the bidding<br />
documents, which include as mentioned herein under:-<br />
(a) Invitation for Bids<br />
(b) Section I : Instruction to Bidders(ITB);<br />
(c) Section II (A) : General Conditions of Contract(GCC);<br />
(d) Section II (B) : Special Conditions of Contract(SCC)<br />
(e) Section III(A) : Technical Specifications; (TS)<br />
(f) Section III(B) : Technical Conditions; (TC)<br />
(g) Section III(C) : Bid Form<br />
(h) Section III(D) : Supply Order Statement ‘A1’<br />
(i) Section III(E) : Performance Certificate Statement ‘A2’<br />
(j) Section III(F) : Check List<br />
(k) Section III(G) : Form of Agreement for Validity Commitment Annexure-"VC"<br />
(l) Section IV(A) : Schedule of Prices & Quantities/ BOQ Schedule "A"<br />
(m) Section IV(B) : Form of Agreement<br />
(n) Section V(A) : BG Forms for EMD Annexure : EM<br />
(o) Section V(B) : BG Form for Performance Security Annexure: PS<br />
2.2 The Bidder is expected to examine all instructions, forms, terms & conditions and also<br />
technical specifications stipulated in the bidding documents. Failure to furnish all<br />
informations required as per stipulation of the bidding documents or submission of bid not<br />
commensurating to the requirement of the bidding documents in every respect may result in<br />
rejection of the bid.<br />
3. Clarification of Bidding Documents:<br />
A prospective Bidder requiring any clarification of the bidding documents may seek of<br />
clarification through Bid Management window after successfully logging to the<br />
e-procurement website http://etender.up.nic.in. The bidder may seek clarification by<br />
posting query in the relevant window after clicking “Seek Clarification” option in the view<br />
tender details window, which can be selected through tender option of bid submission<br />
menu. The clarification, if any will be replied back by the purchaser through the e-<br />
procurement website which can be read by the bidders through the “Clarification” option
7<br />
under Bid Submission menu. The purchaser may also respond to clarifications sought by<br />
the prospective bidders on purchaser’s e-mail address se_cespoc2@idup.gov.in or through<br />
Post.<br />
4. Amendment of Bidding Documents:<br />
4.1 At any time prior to the deadline for submission of bid, the Purchaser may, for any reason,<br />
whether at its own initiative or in response to a clarification requested by a perspective<br />
bidder, modify the bidding document by amendments. Such amendments shall be<br />
posted/uploaded on the e-procurement website http://etender.up.nic.in. through<br />
corrigendum and shall form an integral part of bid document. The relevant clauses of the<br />
bid document shall be treated as amended accordingly.<br />
4.2 It shall be the sole responsibility of the prospective bidders to check the web site<br />
http://etender.up.nic.in regularly during bidding process for subsequent amendments, if<br />
any in the bid document, failing which the purchaser shall not be liable for any<br />
responsibility.<br />
4.3 The purchaser, at his discretion, may extend the deadline for the submission of bids, which<br />
shall be posted/up-loaded on the e-procurement website http://etender.up.nic.in.<br />
(B) PREPARATIO OF BIDS<br />
5. Language of Bid:<br />
5.1 The bid prepared by the Bidder, as well as correspondence and document relating to the bid<br />
exchanged by the bidder and the purchaser shall be made in Hindi or English language. The<br />
correspondence and document in Hindi must be accompanied by embedded/separate Hindi<br />
Font files. Only English numerals shall be used in the bid.<br />
6. Document Constituting the Bid:<br />
The Bid prepared by the Bidder shall comprise the following parts:<br />
(a) Part “A” Earnest Money will comprise with bid security (EMD) or Registration<br />
Certificate for exemption from depositing EMD with request for exemption, as<br />
applicable furnished in accordance with ITB Clause 12 and pursuant to clause 2.0<br />
of the special conditions of contract mentioned hereinafter with Bid Document Fee<br />
as per ITB Clause 1.0(b) & mentioned in para-4 of Invitation for bids as well as<br />
Power of Attorney in the name of individual whom signed bid document digitally<br />
through DSC & Validity Commitment pursuant to clause 2.00 & 4.00 respectively<br />
of the Technical Conditions of Contract in PDF Format.<br />
(b)<br />
Part “B” Technical will comprise with:<br />
(i) Qualification Details: Copies of required documents as per ITB Clause 10 and 11<br />
& mentioned in para 9 of invitation for bid and pursuant to clause 5.0, 6.0, 7.0, 8.0,<br />
22.00 & 23.00 of the Technical Conditions of Contract for assessment of financial,<br />
technical and production capability of the bidders in order to perform the contract<br />
successfully and that the bidder conform to the technical conditions of the bidding<br />
documents and Technical Specifications, so as to ensure the correct supply of<br />
material.<br />
(ii) Technical Conditions Details: Includes copy of documents as per Section-III(B)<br />
Technical Conditions of tender document i.e. Testing Facilities, List of Plant<br />
installed, Check List, Quality Assurance System followed at manufacturer’s Works,<br />
BIS License & Guarantee of Workmanship and material pursuant to clause 9.00,<br />
11.00, 12.00, 21.00 & 24.00 of the Technical Conditions of contract in PDF format.
(c)<br />
8<br />
(iii)Bid Form- Copy of filled in Bid form as per Section-III(C), in PDF format in token<br />
of complying with all the conditions of the contract and technical Specifications of<br />
the bidding Document, as no deviation shall be acceptable.<br />
(iv) Check List- Copy of filled in check list in PDF format as per Section-III (F).<br />
(v) Form of Agreement- Includes copy of filled in Form of Agreement as per Section-<br />
IV(B), in PDF format in token of complying with all financial conditions of<br />
contract.<br />
Part “C” Financial will comprise with:<br />
(i) Price Schedule/BOQ- Includes Schedule of Prices & Quantities-“A”-section-IV(A)<br />
in XLS format to be filled in, after downloading from the e-procurement website of<br />
the tender under reference.<br />
7. Form of Agreement:<br />
The Bidder shall complete the Form of Agreement and Price Schedule/BOQ furnished in<br />
the bidding document, including the materials to be supplied, their quantities and prices in<br />
the format given in the bidding document.<br />
8. Bid Price:<br />
8.1 The Bidder shall quote separately in the downloaded spread sheet file for Price<br />
Schedule/BOQ unit price along with basic price, excise duty, Central Sales Tax/VAT and<br />
other charges for Two-Way PVC Outlet Valve along with total bid price.<br />
8.1 Total Bid price for Two-Way PVC Outlet Valve indicated in the price Schedule/ BOQ as<br />
mentioned in para 8.1 above, shall include all expenses in regards to the supply in the<br />
store/destination of various Tubewell Divisions of <strong>Irrigation</strong> <strong>Department</strong>, U.P.<br />
(i) The Price of material (ex-works) as per clause 3.00 & 8.00 of the SCC.<br />
(ii) Excise duty and applicable taxes like CST/ VAT & other statutory applicable taxes<br />
as per Clause 4.00 & 5.00 of SCC.<br />
(iii) The price of inland transportation, insurance and other local expenses for final<br />
delivery in the stores/ at destination station as per Clause 6.00 of SCC.<br />
(iv) The Price of other incidental services listed in Clause 7.00 of the SCC.<br />
9. Bid Currencies:<br />
Prices shall be quoted in Indian Rupees only.<br />
10. Documents Establishing Bidder’s Qualification:<br />
10.1 Pursuant to ITB Clause 6, the bidder shall furnish, its Technical Bid, incorporating<br />
document establishing the bidder’s qualification to perform the contract, in the event of the<br />
bid being accepted. The documentary evidence shall be submitted by the bidder<br />
electronically in the PDF format.<br />
10.2 The documentary evidence establishing bidder’s qualification to perform the contract in the<br />
event of bid being accepted, shall be as per Qualification Requirement specified in Clause<br />
8.0 of Section III(B) of tender document.<br />
10.3 The bidder is required to furnish clause by clause compliance of specification bringing out<br />
clearly deviation from specifications if any. The Firms are advised to submit the
9<br />
compliance statement along with technical bid in the annexed PDF Format as per section<br />
III (G) failing which their offer will be treated as incomplete and are liable to be ignored.<br />
11. Documents Establishing Goods’ Conformity to Bidding Documents:<br />
11.1 Pursuant to ITB Clause-6, the Bidder Shall furnish, documents establishing the conformity<br />
to the bidding documents in respect of material proposed to-be supplied under the contract.<br />
The documentary evidence should be in the PDF format.<br />
11.2 The documentary evidence of conformity of the material to the bidding documents shall<br />
consist of:<br />
(a) The brochures/leaflets/the document of the Original Manufacturer of the material<br />
offered in support of the technical specifications stipulated in the tender.<br />
(b) The bidder shall submit the documentary evidence in support of his being original<br />
(c)<br />
manufacturer of the material under reference.<br />
The bidder shall submit a statement giving reference of the relevant Clause where<br />
there is deviation to the Technical Specifications.<br />
12. Bid Security:<br />
12.1 Pursuant to Clause 2.0 of the Special Conditions of Contract (SCC), the Bidder shall<br />
furnish, a bid security/ EMD in the amount of Rs. 1.37Lacs (Rs. One Lacs Thirty Seven<br />
Thousand Only) in favor of the purchaser i.e. Superintending Engineer, Central<br />
Equipment & Stores Procurement Circle-II, <strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow, The<br />
scanned copy of the Bid Security/EMD must be submitted along with the bids and the<br />
original one should reach the purchaser’s office at Lucknow before opening of Part “A”,<br />
failing which their offer shall not be considered.<br />
12.2 The bid security is required to protect the purchaser against the risk of Bidder’s<br />
performance & conduct which would warrant the forfeiture of security, pursuant to ITB<br />
Clause 12.7 as mentioned herein under.<br />
12.3 The bid security shall be in Indian Rupees and shall be in the following instruments only:<br />
A Saving passbook of Post office/Bank Guarantee/TDR/FDR issued by the State Bank of<br />
India or its associate banks or any nationalized/scheduled bank of India, in the prescribed<br />
from annexed as annexure ‘EM’ in the bidding document.<br />
12.4 Any bid not secured in accordance with ITB Clauses 12.1 and 12.3 above shall be treated<br />
as non-responsive and rejected by the Purchaser.<br />
12.5 Unsuccessful bidder’s bid security shall be discharged/ returned after the finalization of<br />
contract, pursuant to ITB Clause <strong>13</strong> as mentioned herein under.<br />
12.6 The successful bidder’s bid security will be discharged upon the Bidder signing the<br />
Contract, pursuant to ITB Clause 28, and furnishing the performance security, pursuant to<br />
ITB Clause 29 as mentioned herein under.<br />
12.7 The bid security may be forfeited:<br />
(a)<br />
(b)<br />
If a Bidder (i) withdraws its bid during the period of bid validity specified by the<br />
purchaser (ii) does not accept the correction of errors pursuant to ITB Clause 22.2;<br />
(iii) modifies its bid price during the period of bid validity specified by the<br />
purchaser.<br />
If the qualified bidder fails:<br />
(i) to sign the Contract with the purchaser in accordance with ITB Clause 28 or<br />
(ii) to furnish performance security in accordance with ITB Clause-29.<br />
12.8 EXEMPTIO FROM EAREST MOEY :- As per U.P. Government G.O. No.<br />
2119/18-5-2002-52(SP)/98 dated 21.11.02, SSI unit registered for participation under<br />
STORES PURCHASE PROGRAMME with Director of Industries, U.P. or National Small<br />
Scale Industries Corporation (NSIC) for the tendered item are exempted from depositing
10<br />
the Earnest Money. However, they are required to submit their request along with copy of<br />
their valid registration as desired, duly attested by Public Notary in Part-‘A’ of their tender<br />
offer, failing which exemption shall not be admissible.<br />
<strong>13</strong>. Period of Validity of Bids:<br />
<strong>13</strong>.1 Bid shall remain valid for 4 month from the due date of opening of Part “C” of Bid,<br />
pursuant to ITB Clause-16, for conformity of the same, the bidder shall be required to<br />
submit form of validity commitment in prescribed form annexed as Section-III(G) duly<br />
filled and signed on Rs. 100.00 Non Judicial Stamp Paper, which shall be submitted in<br />
original along-with Earnest Money and scanned copy of the same shall be submitted alongwith<br />
Part ‘A’ of e-Bid. A bid valid for a shorter period shall be rejected by the purchaser<br />
treating the same as non-responsive.<br />
<strong>13</strong>.2 In exceptional circumstances, the Purchaser may solicit the Bidder’s consent to an<br />
extension of bid security under ITB Clause 12 during the period of validity.<br />
14. Format and Signing of Bid:<br />
14.1 The Bidder shall prepare one electronic copy each of the Earnest Money Bid, Technical<br />
Bid and Financial Bid separately.<br />
14.2 The bid documents shall be digitally signed, at the time of uploading, by the person or<br />
persons duly authorized, the letter of authorization shall be indicated by a scanned copy<br />
through power of attorney, accompanying with the bid. All the pages/documents of the bid<br />
uploaded shall be digitally signed by the person or persons authorized to sign the bid.<br />
14.3 Power of attorney in the name of individual digitally signing the bid document shall be as<br />
per clause 2.00 of Section –III B.<br />
15. Submission of e-Bid:<br />
The Bid Submission module of e-procurement website http://etender.up.nic.in enables the<br />
bidders to submit the e-bids online against the published tender enquiry. Bid may be submitted<br />
only during the period and time stipulated in the tender. Bidders are advised to start the Bid<br />
Submission process well in advance so that they can submit their bid in time. The bidders shall<br />
submit their bids, taking into account the server time, displayed in the e-procurement website. This<br />
server time is the time by which the bid submission activity will be allowed till the permissible<br />
time on the last date of submission stipulated in the schedule. The bidders cannot submit their bids<br />
after the completion of bid submission period. The delay in submission of bids, shall be the<br />
responsibility of the bidder.<br />
The bidders shall follow the instructions mentioned herein under for submission<br />
of their e-bids:<br />
15.1 For participating in bidding process through the e-tendering system, it is necessary for the<br />
bidders to be the registered users of the e-procurement website http://etender.up.nic.in. The<br />
bidders shall first register themselves on the e-tender website, if they have not done so<br />
previously, using the option “Click here to enroll” available on the home page of the<br />
website.<br />
15.2 In addition to the normal registration, the bidder has to register with their Digital Signature<br />
Certificate (DSC) in the e-tendering system and subsequently he/ she will be allowed to<br />
carry out his /her bid submission activities. Registering the Digital Signature Certificate<br />
(DSC) is a one time activity. Before proceeding to register their DSC, the bidder shall first<br />
log on to the e-tendering system using the User Login option on the home page with the<br />
logging Id and Password with which they have registered as per clause 15.1 above.<br />
For successful registration of DSC on e-procurement website<br />
http://etender.up.nic.in, the bidder must ensure that they possess class-2 /Class-3 DSC<br />
issued by any one of the following authorities duly approved by Controller of Certifying<br />
Authorities. Government of India such as Mahanagar Telephones Nigam Ltd.(MTNL), New
11<br />
Delhi and Tata Consultancy Services (TCS) Mumbai as the e-procurement website<br />
http://etender.up.nic.in is presently accepting DSC’s issued by these authorities only. The<br />
bidder is advised to get their DSC issued by Mahanagar Telephones Nigam Ltd.(MTNL)<br />
New Delhi or Tata Consultancy Services (TCS), Mumbai on a safer side for successful<br />
registration of his /her DSC on e-procurement website. The bidder is also advised to<br />
register their DSC on e-procurement website well in advance before bid submission period<br />
& time so that they do not face any problem while submitting their e-bid against this<br />
tender. The bidder can perform User Login creation and DSC registration exercise as<br />
described in clauses 15.1 and 15.2 above even before bid submission period starts. The<br />
purchaser shall not be held responsible if the bidder tries to submit their e-bid at the last<br />
moment of submission of bid, thus failing to submit due to DSC registration problem.<br />
15.3 The bidder can search for active tenders through “Search Active Tenders” link, select a<br />
tender in which they are interested in and then move it to ‘My Tenders’ Folder using the<br />
option available in the Bid Submission menu. After selecting and viewing the tender, for<br />
which the bidder intends to bid, from “My Tenders” folder, the bidder can place their bid<br />
by clicking “pay Offline” option available at the end of the view tender form. Before this,<br />
the bidder should download the tender document and price Schedule/Bill of Quantity<br />
(BOQ) and study them carefully. The bidder shall keep all the documents ready as per the<br />
requirements of tender document in the PDF format except the Price Schedule/Bill of<br />
Quantity (BOQ) which shall be in the XLS format(excel sheet).<br />
15.4 After clicking the ‘Pay offline’ option, the bidder shall be redirected to the relevant page of<br />
Terms and conditions. The bidder shall read the Terms and conditions before proceeding to<br />
fill in the Tender fee EMD offline payment details. After entering and saving the bid<br />
document Fee and EMD or exemption from EMD details, the bidder shall click “Encrypt &<br />
Upload” option given in the offline payment details form so that “Bid Document<br />
Preparation and Submission” window appears to upload the documents as per technical<br />
(Bid Form, Qualification and Technical Specification details etc.) and financial (Price<br />
Schedule/BOQ) schedules/packets given in the tender details. The details of the Demand<br />
Draft or any other accepted instrument which is to be physically sent in the original before<br />
opening of bids, should tally with the details available in the scanned copy and the data<br />
entered during with submission time otherwise the bid submitted shall not be accepted.<br />
15.5 Next the bidder should upload the Bid Documents for fee details (Bid document fee and<br />
EMD or Registration Certificate required for exemption from depositing EMD),<br />
Qualification details as per “ITB Clause 10 or 21”, Bid Form, Technical Specification and<br />
Financial Bid documents as per “Section-IV(A): Price Schedule/BOQ” & “Section-IV(B):<br />
Form of Agreement” of bid document. Before uploading, the bidder has to select the<br />
relevant Digital signature Certificate. They may be prompted to enter the digital signature<br />
Certificate password, if necessary. For uploading, the bidder should click “Browse” button<br />
against each document label in Technical and Financial schedules/packets and then upload<br />
the relevant PDF/XLS files already prepared and stored in the bidder’s computer. The<br />
required document for each document label of Earnest Money (Fee details), Technical<br />
(Qualification details, Bid Form and Technical Specification details) and financial (Form of<br />
Agreement and Price Schedule/BOQ) schedules/ packets can be clubbed together to make<br />
single separate file for each different label.<br />
15.6 The Bidder shall click “Encrypt” next for successfully encrypting and uploading of<br />
required documents. During the above process, the bid documents are encrypted/ locked<br />
electronically with the DSC’s of the Bid openers to ensure that the bid documents are<br />
protected, stored and opened by concerned bid openers only.
12<br />
15.7 After successful submission of bid documents, a page giving the summary of bid<br />
submission will be displayed so as to ensure that the process of e- bid submission is<br />
completed. The bidder can take a printout of the summary using the “print” option<br />
available in the window as an acknowledgement for future reference.<br />
15.8 Purchaser reserves the right to cancel any or all Bids without assigning any reason thereof.<br />
16. Deadline for Submission of e-Bids:<br />
16.1 e-Bids (Earnest Money, Technical and Financial) must be submitted by the bidders at e-<br />
procurement website http://etender.up.nic.in not later than 14.00 Hours on 24.09.<strong>2012</strong>.<br />
16.2 The Purchaser may at his discretion, extends this deadline for submission of bids by<br />
amending the bid documents in accordance with ITB Clause 4.<br />
17. Late Bids:<br />
17.1 The server time indicated in the Bid Management window on the e-procurement website<br />
http://etender.up.nic.in will be the time by which the bid submission activity will be<br />
allowed till the permissible date and time schedule in the tender. Once the bid submission<br />
period is over, the bidders cannot submit their bid. Bidders are advised to start the Bid<br />
Submission well in advance so that the submission process is completed with in the<br />
scheduled period, failing which shall be their responsibility.<br />
18. Withdrawal and Resubmission of e-Bids:<br />
18.1 At any point of time, a bidder may withdraw the bid submitted online before the<br />
completion of bid submission period. For withdrawal, the bidder shall first log in using<br />
their login Id and password and subsequently by their Digital Signature Certificate on the<br />
e-procurement website http://etender.up.nic.in.The bidder shall then select “My Bids”<br />
option in the Bid Submission menu. The page listing all the bids submitted by the bidder<br />
shall be displayed. Click “View” to see the details of the bid to be withdrawn. After<br />
selecting the “Bid Withdrawal” option, the bidder has to click “Yes” to the message “Do<br />
you want to withdraw this bid” displayed in the Bid Information window for the selected<br />
bid. The bidder also has to enter the reasons for withdrawing the bid and upload the same<br />
for withdrawal before clicking the “Submit” button. The bidder has to confirm again by<br />
pressing “OK” button before finally withdrawing their selected bid.<br />
18.2 The bidder has to request the purchaser with a letter, attaching the proof of withdrawal and<br />
submission of bid security/EMD in the office of purchaser for taking back the bid<br />
security/EMD as per the manual procedure.<br />
18.3 No bid may be withdrawn in between the period fixed for submission of bids and the<br />
period of expiry. Withdrawal of a bid during this interval may result in the Bidder’s<br />
forfeiture of their bid security, pursuant to ITB Clause 12.7.<br />
18.4 The bidder can resubmit their bid as and when required till the completion of the period of<br />
its submission. The bid submitted earlier will be replaced by the new one. The bid security<br />
submitted by the bidder earlier will hold good for revised bid and the new bid submission<br />
summary generated after the successful submission of the revised bid will be considered for<br />
evaluation purposes. For resubmission, the bidder shall first log in using their Login Id and<br />
Password and subsequently by their Digital Signature Certificate on the e-procurement<br />
website http://etender.up.nic.in. The bidder should then select “My Bids” option in the<br />
Bid Submission menu. The page listing all the bids submitted by the bidder will be<br />
displayed. Click “View” to see the details of the bid to be resubmitted. After selecting the<br />
“Bid Resubmission” option, click “Encrypt & Upload” to upload the revised bid documents<br />
by following the methodology provided in clauses 15.4 to 15.7.
<strong>13</strong><br />
18.5 The bidders can submit their revised bids as many times as possible by up loading their<br />
bids within the schedule period for submission of e-bids.<br />
18.6 No bid can be resubmitted subsequently after the period for submission of bid is over.<br />
(C) BID OPEIG AD EVALUATIO OF BIDS<br />
19. (A) Opening of Part “A” Earnest Money & Part “B” Technical by the purchaser.<br />
19.A.1 Earnest Money Part “A” & Technical Part “B” of e-bids shall be opened , in the presence<br />
of Bidders or their representatives, who so ever may like to attend at 16.00 Hours on<br />
24.09.<strong>2012</strong> and 29.09.<strong>2012</strong>, at the office of The Superintending Engineer, Central<br />
Equipment & Stores Procurement Circle-II, Ganga Sinchai Bhawan, Telibagh, <strong>Irrigation</strong><br />
<strong>Department</strong>, U.P., Lucknow-226025. The representatives of the bidder present at the time<br />
of opening are required to sign a register, as a token of their attendance. In the event of the<br />
specified date of e-bid opening being declared a holiday, the e-bids shall be opened at the<br />
scheduled time and location on the next working day.<br />
19.A.2 The important details of the bid, as the purchaser, at its discretion may consider<br />
appropriate, shall be announced at the time of opening.<br />
(B) Opening of Financial Bids:<br />
19.B.1 After evaluation of technical bid, vis-à-vis Conditions of the Contract, technical<br />
specifications and Qualification Requirements, if the technical bid is not found responsive,<br />
their financial bids shall not be opened however the purchaser shall notify the Bidders or<br />
their representative.<br />
19.B.2 The date & time of opening the financial Bids of technically qualified bidder shall be<br />
intimated to all technically qualified bidder. The financial bid shall be opened at specified<br />
date & time at the office of Superintending Engineer, Central Equipment & Stores<br />
Procurement Circle-II, <strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow in the presence of Bidders<br />
who choose to attend. The name of Bidder, their Bid Prices and conditions etc. shall be<br />
announced at the time of opening.<br />
20. Clarification of Bids:<br />
20.1 During evaluation of bids, the purchaser may, at his discretion, seek clarification on any<br />
point relating to their bid. The request for clarification and the response shall be in writing.<br />
21. Evaluation of technical bids and Evaluation Criteria:<br />
The purchaser shall evaluate the bids vis-à-vis all the conditions & specifications of the tender<br />
documents. Any of the bid not meeting the requisite, shall be rejected.<br />
The bidders shall submit the scanned copies of following as documentary proof for evaluation of<br />
their technical bids:-<br />
21.1 The Bidder shall be I.S.O. 9001:2000 certified original manufacturers of Two-Way PVC<br />
Outlet Valve and also registered with Director of Industries of the State/ N.S.I.C./<br />
D.G.S.&D as original manufacturer for the above item.<br />
21.2 The bids shall comprises with scanned copy of valid ISO certificate and registration<br />
certificate for the tendered item with Director of Industries/ Small Scale Industries of the<br />
State / N.S.I.C./ D.G.S.& D. issued by any statutory authority, failing which their bid shall<br />
also be rejected.<br />
Bidder’s may please note that each & every Part of the Bids shall be evaluated in<br />
accordance with the relevant clauses of the bid documents.<br />
ote:- Bidders may please note that if any of the preceding part of the bids is not found<br />
responsive, the next part of the bid shall not be opened & no claim what so ever shall<br />
be entertained.
14<br />
21.3 The bidder shall submit statement containing supply details of Two-Way PVC Outlet<br />
Valve or Higher size to Govt. <strong>Department</strong>s / Undertakings during last three financial years<br />
in the format annexed as "Section III(D)- Supply Orders details Form" duly certified by<br />
their statutory auditors/ Chartered Accountant, enclosing copies of Supply Orders &<br />
invoices as a proof of said supplies actually made.<br />
21.4 The bidder shall submit performance certificates of Two-Way PVC Outlet Valve out of the<br />
supplies mentioned in "Section III(D)-Supply Orders details Form", in successful use for a<br />
minimum period of 12 months related to supplies executed during last three financial years.<br />
The bidders shall submit details of Performance Certificates in the format annexed as<br />
“Section III(E)-Performance Certificate Form” here with.<br />
O<strong>TE</strong>: The above conditions (1) & (2) shall not be applicable on those bidder, who have supplied<br />
the Two-Way PVC Outlet Valve or higher size in <strong>Irrigation</strong> <strong>Department</strong>, U.P. but they are<br />
required to submit invariably the details of supplies made to <strong>Irrigation</strong> <strong>Department</strong>, U.P. in<br />
"Section III(D)- Supply Orders details Form".<br />
The performance in such case shall be evaluated on the basis of their past supplies<br />
at the departmental level and in case performance of their past supplies is found<br />
unsatisfactory or wanting, their Technical Part–B shall primarily be rejected on this ground<br />
alone and no further evaluation of Technical Part –B shall be done. Such bidder may also<br />
please note that their consideration in earlier tender shall not be a basis of their claim for<br />
consideration in the ensuing tender.<br />
21.5 All the submitted bid should have conform to minimum technical specifications as<br />
stipulated in the bid.<br />
21.6 The bidder shall submit a notarized affidavit that the bidder has not been black listed from<br />
any State/ Central Government <strong>Department</strong>s/ Organizations. The bids of the black-Listed<br />
bidders or those not submitting the required affidavit shall be rejected.<br />
21.7 The bidder shall invariably furnish following information for assessment of their financial<br />
capability to execute supplies of materials covered under this bid failing which their bid is<br />
liable to be rejected.<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
Annual & Monthly manufacturing capacity.<br />
Quantity which can be delivered per month.<br />
Details of pending orders at the time of submitting tenders.<br />
Annual Turn Over of last three financial years duly certified by the statutory<br />
auditors / Chartered Accountant of the firm.<br />
21.8 All bid submitted shall also include the copies of relevant pages of following documents:<br />
a. Memorandum and Article of Association showing objectives of the company and<br />
authority to sign the bid/contract or delegate the power to others for signing the<br />
bid/contract.<br />
b. Place of registration.<br />
c. The power-of-attorney of the person who has digital signature for signing the<br />
bid/contract.<br />
d. Income tax registration number of the company.<br />
e. Central Sales Tax/VAT registration number of the company.<br />
The bid not duly enclosed with the copies of documents mentioned in clause 21.8 above<br />
shall be rejected.
15<br />
21.9 The bids found non responsive shall be rejected. The conditionals bids shall be rejected out<br />
rightly.<br />
21.10 The bidder are advised not to mix financial bidding XLS documents with the PDF<br />
documents submitted for technical bid. The intermixing of the documents in either of the<br />
bids shall be liable for rejection of the bid as a whole.<br />
21.11 Bidder of U.P. based units if intend to seek purchase preference as per the G.O.706/18-5-<br />
2003-9(S.P.)/95, dated 11 June 2003 and 950/18-5-00-0(S.P.)/95 dated 25.08.2009 of Small<br />
Scale Industries <strong>Department</strong>, Govt. of <strong>Uttar</strong> Pradesh shall have to submit the evidence that<br />
their unit is situated in the U.P. state territory along-with their status i.e.<br />
small/medium/Large.<br />
22. Financial Evaluation and Comparison of Bids:<br />
22.1 Financial bids of only those bidder shall be considered for evaluation whose technical bids<br />
have been accepted by the purchaser.<br />
22.2 The bidder not quoting the prices for the materials in the manner as prescribed in the price<br />
schedule/BOQ shall be rejected. If there is a discrepancy between basic price and total<br />
price of the item that is obtained by adding Basic Price, Excise Duty, CST/VAT, Freight<br />
etc., then the basic price shall prevail and the total prices shall be evaluated accordingly.<br />
22.3 No additional payments shall be made for completion of any contractual obligation beyond<br />
the quoted prices.<br />
22.4 No weightage shall be given to the bidder specifying different technical specifications other<br />
than specified in the tender.<br />
22.5 Bidder having their unit in <strong>Uttar</strong> Pradesh, if intend to seek purchase preference for their<br />
manufactured goods as per the G.O.706/18-5-2003-9(S.P.)/95. dated 11 June 2003 and<br />
950/18-5-00-0(S.P.)/95 dated 25.08.2009 of Small Scale Industries <strong>Department</strong>, Govt. of<br />
<strong>Uttar</strong> Pradesh, shall be given purchase preference against their request in writing.<br />
22.6 Financial Evaluation of bids shall be done on the basis of lowest Total/ landed bid<br />
price excluding CST/VAT as stipulated in SECTIO-IV(A) Price Schedule/BOQ<br />
when considering ITB clause 22.5 above. However the purchase shall be decided on<br />
the basis of lowest total/ landed rates which shall include CST/VAT or any other<br />
taxes, even in the cases covered under ITB Clause-22.5.<br />
23. Contacting the purchaser:<br />
23.1 Subject to ITB Clause 20, Bidder shall not contact the purchaser in person on any matter<br />
regarding their bid, from the time of the bid opening to the time of award of contract. If the<br />
bidder wishes to bring additional information to the notice of the purchaser, they can do so<br />
in writing.<br />
23.2 Any effort by a Bidder to influence the decisions on bid evaluation, award of contract, may<br />
result in rejection of the bid.<br />
(D) AWARD OF COTRACT<br />
24. Award criteria:<br />
24.1 The lowest responsive bid meeting all the criteria specified in clauses of ITB.<br />
24.2 The purchaser decision in awarding the contract shall be final.<br />
25. Purchaser’s right to vary Quantities at the Time of Award:<br />
25.1 The purchaser reserves the right to increase or decrease the quantity of material originally<br />
specified in the Schedule of Requirements at the time of award of contract.
16<br />
26. Purchaser’s right to accept any bid and to reject any or all Bid:<br />
26.1 The Purchaser reserves the right to accept or reject any bid, annul the bidding process and<br />
reject all bid at any time prior to award of the contract.<br />
27. otification of Award:<br />
27.1 The purchaser shall notify the successful bidder in writing by letter/e-mail/fax, regarding<br />
acceptance of the bid.<br />
27.2 The notification of award shall constitute the formation of the Contract.<br />
27.3 Bid security of successful Bidder’s deposited as per ITB Clause 12 shall be discharged<br />
after receiving performance security pursuant Two-Way PVC Outlet Valve ITB Clause-29<br />
mentioned as herein after.<br />
28. Signing of Contract:<br />
28.1 The Purchaser shall send the letter of acceptance to the successful bidder.<br />
28.2 The successful bidder shall sign the detailed contract with in the period mentioned therein.<br />
29. Performance Security:<br />
29.1 The supplier shall furnish the performance security in form of bank guarantee or any other<br />
instruments prescribed for an amount equal to 10% of the value of contract from State<br />
Bank of India or its associate banks or any nationalized bank of India or scheduled bank,<br />
valid for 18 months from the date issue of Acceptance Letter, in favor of Superintending<br />
Engineer, Central Equipment & Stores Procurement Circle-II, <strong>Irrigation</strong> <strong>Department</strong>, U.P.,<br />
Lucknow in accordance with the Conditions of Contract, in the prescribed Performance<br />
Security Form provided in the bidding document as annexure ‘PS’.<br />
29.2 Failure of the successful bidder to comply with the requirement of bid shall constitute<br />
sufficient grounds for the annulment of the award and forfeiture of the bid security.<br />
Superintending Engineer<br />
Central Equipment & Stores Procurement Circle-II,<br />
<strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow
17<br />
SECTIO II(A) : GEERAL CODITIOS OF COTRACT (GCC)<br />
TABLE OF CLAUSES<br />
Clause<br />
umber<br />
Topic<br />
Page<br />
umber<br />
1 Definitions 18<br />
2 Contractor to inform himself fully 18<br />
3 Signing of Contract 18<br />
4 Sub-letting of contract 19<br />
5 Instructions to Contractor 19<br />
6 Patent rights 19<br />
7 Quality of materials 19<br />
8 Training of Engineers 19<br />
9 Packing 19<br />
10 Power to vary or omit work 19-20<br />
11 Negligence 20<br />
12 Death, bankruptcy etc 20-21<br />
<strong>13</strong> Inspection and testing 21-22<br />
14 Delivery of plant 22<br />
15 Engineer’s Supervision 22<br />
16 Engineer’s Decisions 22<br />
17 Liability for accidents and damage 22<br />
18 Replacement of defective plant or materials 22<br />
19 Deductions from contractor prices 22<br />
20 Terms of payment 22-23<br />
21 Supervision of works 23<br />
22 Extension of time for completion 23<br />
23 Damages for delay in completion 23<br />
24 Rejection of defective plant 24<br />
25 Taking over 24<br />
26 Liability under the workmen’s compensation act 24<br />
27 Increase or decrease of quantity 24<br />
28 Authority of persons signing documents 24-25<br />
29 Use of material secured with Government assistance 25<br />
30 Provisions of fencing, light etc. 25<br />
31 Progress report 25<br />
32 Breach of Contract 25<br />
33 Maintenance 25<br />
34 Certificate not to effect rights of the Purchaser or Contractor 26<br />
35 Arbitration 26<br />
36 Construction of contract 26<br />
37 Vetting charges 27<br />
38 Marginal note 27
18<br />
GEERAL CODITIOS OF COTRACT (GCC)<br />
FOR<br />
MAUFACTURE AD SUPPLY OF TWO-WAY PVC OUTLET VALVE<br />
1. In constructing these general and special conditions and the annexed specifications, the<br />
following words shall have the meaning herein assigned to them unless there is anything in the<br />
subject or context in consistent with such constructions:<br />
(i) “Contract” shall mean and include the general and special conditions,<br />
Specifications, Schedules, drawings, form of bidding, covering letter, schedule of<br />
prices or the final general conditions, Specifications & Technical Conditions, and<br />
drawings, and the agreement to be entered into under clause 3 of these general<br />
conditions.<br />
(ii) “Contractor” shall mean the person, firm or company whose bidding shall be<br />
accepted by the Purchaser and shall be deemed to include the contractor’s<br />
successors (approved by the Purchaser), representatives, legal heirs, executors and<br />
administrators unless excluded by the contract.<br />
(iii) “Sub-Contractor” shall mean the person, firm or company, named in the contract<br />
for any part of the work or any person, firm or company to whom any part of the<br />
contract has been sublet with the consent in writing of the Purchaser.<br />
(iv) “Plant”, “Machinery”, “Equipment” and “Material” shall mean the plant and<br />
material to be provided by the contractor under the contract.<br />
(v) “Specifications” shall mean the specifications annexed to these general conditions<br />
and schedules thereto, if any.<br />
(vi) “Site” shall mean the site of the proposed work as detailed in the specifications or<br />
any other place in <strong>Uttar</strong> Pradesh where works is to be executed under the contract.<br />
(vii) “Month” shall mean calendar month.<br />
(viii) “Writing” shall include any manuscript, type-written or printed statement, under or<br />
over signature or seal, as the case may be:<br />
(ix) “Purchaser” shall mean Governor of <strong>Uttar</strong> Pradesh and shall include his successors<br />
and assignees.<br />
(x) “Engineer” shall mean the officer placing the order for the work with the contractor<br />
(xi)<br />
or his duly authorised representative.<br />
The term “trial” or “test” shall mean such test or tests as are prescribed by the<br />
specifications or considered necessary by the engineer.<br />
2. Contractor to inform himself fully-The contractor shall be deemed to have carefully examined<br />
the general and special conditions, specifications, schedules, Technical Conditions, drawings<br />
and any other details pertaining to the contract. If he shall have any doubt as to the meaning of<br />
any portion of these conditions or of the specifications, schedules or drawings he shall, before<br />
signing the contract, set forth the particulars thereof and submit, them to the engineer in<br />
writing, in order that such doubt may be removed.<br />
3. Signing of Contract-A formal agreement shall, if required by the Purchaser, be entered into<br />
between the Purchaser and the Contractor for the proper fulfillment of the contract. Further, if<br />
required by the Purchaser, the Contractor shall deposit with the Purchaser as security for the<br />
due and faithful performance of the contract such sum not being less than one percent of the<br />
total value of the contract and not exceeding ten percent thereof, as may be fixed by the<br />
Purchaser either in cash or other form approved by the Purchaser. If the Contractor is allowed<br />
to furnish security in the form of bank Guarantee, such guarantee shall be to the satisfaction of<br />
the Purchaser and shall be extended from time to time by the Contractor till the Engineer
19<br />
certifies that the terms and conditions of the contract have been fully and properly carried out<br />
by the Contractor, and any default on the part of the Contractor to extend the guarantee from<br />
time to time as aforesaid, shall be construed to be a breach of the contract. The security deposit<br />
shall be refunded to the Contractor on the delivery and due check and test of the plant at the<br />
site of work and after expiry of the maintenance/ guarantee period.<br />
4. Sub-letting of contract-The Contractor shall not, without consent in writing of the Purchaser,<br />
assign or sub-let his contract, or any part thereof, other than for raw materials, for minor<br />
details, or for any part of the plant of which the makers are named in the contract, provided that<br />
any such consent shall not relieve the Contractor from any obligation, duty or responsibility<br />
under the contract.<br />
5. Instructions to Contractor-After the bidding has been accepted by the Purchaser all orders or<br />
instructions to the Contractor shall except as herein otherwise provided, be given by the<br />
Engineer shall be deemed to have been issued on behalf of the Purchaser.<br />
6. Patent rights-In the event of any claim or demand being made or action being brought against<br />
the Purchaser for infringement or alleged infringement of Letters Patent, in respect of any<br />
plant or materials used or supplied by the Contractor under this contract or in respect of any<br />
method of using or working by the Purchaser of such plant, machinery, equipment or material,<br />
the Contactor will indemnify the Purchaser against such claim or demand and all costs and<br />
expenses arising from or incurred by reason of such claim or demand, PROVIDED THAT the<br />
Purchaser shall notify the Contractor of the same and the Contractor shall be at liberty, if he so<br />
desires, with the assistance of the Purchaser, if required, but at the Contractor’s own expense to<br />
conduct all negotiations for the settlement of the same or any litigation that may arise there<br />
from and PROVIDED THAT no such plant, machinery, equipment or material shall be used by<br />
the Purchaser for any purpose or in any manner other than for which they have been supplied<br />
by the Contractor and specified under this contract.<br />
7. Quality of materials-The plant, machinery, equipment or materials shall be manufactured out<br />
of the best material conforming to standard specification or of the approved quality by the<br />
Purchaser. Manufacture and work shall be carried out with accuracy and in a skilled<br />
workmanship like manner.<br />
8. Training of Engineers-The contractor shall train at his work Engineers of the Purchaser in the<br />
manufacture and assembly [and erection] of plant and its parts for a period of. A separate<br />
agreement for such training shall be assigned by the Engineer or Engineers selected for<br />
training, the Purchaser and the Contractor on the form appended hereto.<br />
9. Packing-The Contractor shall be responsible for protecting and packing the plants<br />
securely so as to avoid damage under normal conditions of transport.<br />
Packing cases, containers, gunny packing etc. which may be used for purposes of<br />
packing and which are delivered with plant will not be returned or paid for unless specifically<br />
stipulated.<br />
10. Power to vary or omit work-No alterations, amendments, omissions, additions, suspensions, or<br />
variations of the plant (hereinafter referred to as “Variations”) under the contract as shown by<br />
the contract drawings or the specifications shall be made by the Contractor except as directed
20<br />
in writing by the Engineer, but the Engineer shall have full power subject to the proviso<br />
hereinafter contained, from time to time during the execution of the contract by notice in<br />
writing to instruct the Contractor to make such variations without prejudice to the contract and<br />
the Contractor shall make such variations and be bound by them, as though the said variations<br />
occurred in the specifications. If any suggested variations would, in the opinion of the<br />
Contractor if, carried out, prevent him from fulfilling any of his obligations or guarantees<br />
under the contract, he shall notify the Engineer thereof in writing, and the Engineer shall<br />
decide forthwith whether or not the same shall be carried cut, and if the Engineer confirms his<br />
instructions in writing, the Contractor’s obligations and guarantees shall be modified to such an<br />
extent as may be justified. The difference of cost if any, occasioned by any such variations<br />
shall be added to, or deducted from, the contract price as the case may require. The amount of<br />
such difference, if any, shall be ascertained and determined in accordance with the rates<br />
specified in the schedule of prices, so far as the same may be applicable and where the rates are<br />
not contained in the said schedule, or are not applicable they shall be settled by the Engineer<br />
and the Contractor jointly, as far as possible before such variations are carried out.<br />
Provided that the Purchaser shall not become liable for the payment of any charge<br />
in respect of any such variations, unless the instructions for the performance of the same shall<br />
have been given in writing by the Engineer. In the event of the Engineer requiring any<br />
variations, such reasonable and proper notice shall be given to the Contractor as will enable<br />
him to make his arrangement accordingly, and in cases where goods or materials have already<br />
been prepared, or any designs, drawings, or patterns, have been made or work done that is<br />
required to be altered, the Engineer shall allow such compensation in respect thereof as he shall<br />
consider reasonable:<br />
Provided that no such variations shall, except with consent in writing of the<br />
Contractor, be such as will involve an increase or decrease of the total price payable under the<br />
contract by more than 10 percent thereof.<br />
In every case in which the Contractor shall receive instructions from the Engineer<br />
for carrying out any work which will, in the opinion of the Contractor, involve a claim for<br />
additional payment the Contractor shall, within a week after the receipt of such instructions,<br />
inform the Engineer of such claim for additional payment.<br />
11. egligence-If the Contractor shall neglect to manufacture or supply the plant with due<br />
diligence and expedition, or shall refuse or neglect to comply with any orders given to him in<br />
writing by the Engineer in connection with the manufacture or supply, or shall contravene any<br />
provision of the contract, the Purchaser may give notice in writing to the Contractor, to make<br />
good the failure neglect or contravention complained of and if the Contractor shall fail to<br />
comply with the notice within the time specified therein then it shall be lawful for the<br />
purchaser to take the manufacture or supply of plant wholly, or in part, out of the Contractor’s<br />
hand and give it to another person on contract at a reasonable price and the Purchaser shall be<br />
entitled to retain and apply any balance which may be otherwise due on the contract by him to<br />
the Contractor or such part thereof as may be necessary, to the payment of the additional cost<br />
of manufacture or supply of such plant as aforesaid, and if necessary, may take action for the<br />
recovery of such additional cost from the Contractor.<br />
12. Death, bankruptcy etc.-If the Contractor shall die or commit any act of bankruptcy, or being a<br />
Corporation commence to be wound up except for reconstruction purposes or carry on its
21<br />
business under a Receiver, the executers, successors, or other representative in law of the state<br />
of the Contractor or any such Receiver, liquidator or any person in whom the contract may<br />
become vested shall forth with give notice thereof in writing to the Purchaser and shall for one<br />
month, during which he shall take all reasonable steps to prevent stoppage of the manufacture<br />
or supply of the plant have the option of carrying out the contract subject to his or their<br />
providing such guarantees as may be required by the Purchaser but not exceeding the value of<br />
the plant or the time being remaining unexecuted. In the event of stoppage of the manufacture<br />
of supply or the plant the period of the option under this clause shall be fourteen days only:<br />
Provided that, should the above option not be exercised, the contract may be<br />
determined; by the Purchaser by notice in writing to the Contractor, and the Purchaser may<br />
exercise the same power which he could exercise and will have the same rights which he<br />
would have under the last preceding clause, if the work had been taken out of the Contractor’s<br />
hand under that clause.<br />
<strong>13</strong>. Inspection and testing-The Engineer and his duly authorized representatives shall have at all<br />
reasonable times access to the Contractors premises, and shall have the power at all reasonable<br />
times to inspect and examine the materials and workmanship of the plant during its<br />
manufacture there, and if part of the plant is being manufactured on other premises, the<br />
Contractor shall obtain for the Engineer and for his duly authorized representative permission<br />
to inspect it as if the plant was manufactured on the Contractor’s own premises.<br />
The Engineer shall, on giving seven days notice in writing to the Contractor setting out<br />
any grounds of objections which he may have in respect of the work, be at liberty to reject all<br />
or any plant, or workmanship connected with such work which, in his opinion, are not in<br />
accordance with the contract, or are, in his opinion defective for any reason whatsoever.<br />
Provided that, if such notice be not sent to the Contractor within reasonable time after<br />
the grounds upon which such notice is based have come to the knowledge of the Engineer, he<br />
shall not be entitled to reject the said plant or workmanship on such grounds. Unless<br />
specifically provided otherwise all tests be made at site after the receipt of the plant by the<br />
consignee.<br />
In case of inspection at Contractor’s premises, the Contractor shall inform the Engineer<br />
in writing when any portion of the work is ready for inspection giving him sufficient notice to<br />
enable him to inspect the same without retarding the further progress of the work. The expense<br />
incurred in sending the Engineer to carry out inspection and/or test at the place agreed upon in<br />
the contract will be defrayed, by the Purchaser:<br />
Provided that the results are satisfactory and in accordance with the terms of the<br />
contract. In the event of the inspection and/or tests providing unsatisfactory and resulting in the<br />
non-acceptance of plant or any portion thereof, the cost of such inspection and/or tests<br />
(including the traveling and halting expenses incurred, if any), or such portion thereof as may<br />
be determined by that officer, shall be borne by the Contractor.<br />
In all cases where the contract provides for tests, whether at the premises of the<br />
Contractor or of any Sub-Contractor, the Contractor, except where otherwise specified, shall<br />
provide, free of charge such labor, materials, electricity fuel, water, stores apparatus and<br />
instruments to carry out test of plant in accordance with the contract and shall give facilities to<br />
the Engineer or to his authorized representative to accomplish such testing.
22<br />
If special tests other than those specified in the contract are required they shall be paid<br />
for by the Purchaser as “variations” under clause 10.<br />
When the tests have been satisfactorily completed at the Contractor’s works, the<br />
Engineer shall issue a certificate to that effect.<br />
In all cases where the contract provides for tests on the site, the Purchaser, except<br />
otherwise specified shall provide, free of charges, such labor, materials, fuel, water, apparatus,<br />
and instruments as may be required from time to time and as may reasonably be demanded to<br />
carry out efficiently such tests of the plant or workmanship in accordance with the contract.<br />
14. Delivery of plant-No plant shall be forwarded until shipping or dispatch instructions shall have<br />
been given to the Contractor.<br />
Notifications of delivery or dispatch in regard to each and every consignment shall be<br />
made to the Purchaser immediately after dispatch or delivery. The Contractor shall further<br />
supply to the consignee a price invoice and packing account of all plant delivered or dispatched<br />
by him. All packages, containers, bundles, and loose material forming part of each and every<br />
consignment shall be described fully in the packing account, and full details of contents of<br />
packages and quantity of materials shall be given to enable the consignee to check the plant on<br />
arrival at destination.<br />
15. Engineer’s supervision-The manufacture and supply of plant shall be carried out under the<br />
direction and to the satisfaction of the Engineer.<br />
16. Engineer’s decisions-In respect of all matters which are left to the decision of the Engineer,<br />
including the granting or withholding of the certificates the Engineer shall, if required, so to do<br />
by the Contractor, give in writing a decision thereon and his reasons for such decision. If the<br />
decision is not accepted by the Contractor, the matter shall at the request of the Contractor, be<br />
referred to arbitration under the provision for arbitration hereinafter contained, but subject to<br />
the right of reference to arbitration such decision shall be final and binding on the Contractor.<br />
17. Liability for accidents and damage-The Contractor shall be responsible for loss, damage or<br />
depreciation to plant up to delivery at site.<br />
18. Replacement of defective plant or materials-If during the progress of manufacture or supply of<br />
plant the Engineer shall decide and notify in writing to the Contractor that the Contractor has<br />
manufactured any plant or part of plant unsound or imperfect, on has supplied any plant<br />
inferior in quality to that specified, the Contractor on receiving details of such defect or<br />
deficiency shall, at his own expense, within such time as may be reasonably necessary for the<br />
purpose proceed to alter, reconstruct or remove such plant or part of plant or supply fresh<br />
materials up to the standard of the specifications and in case the Contractor shall fail so to do,<br />
the Purchaser may on giving the Contractor a notice of not less than seven days in writing of<br />
his intention so to do, proceed to alter, reconstruct or remove such plant or part of plant or<br />
supply all such plant at the Contractor’s cost:<br />
Providing that nothing in this clause shall be deemed to deprive the Purchaser of, or<br />
affect any rights under the Contract which he may otherwise have in respect of such defects or<br />
deficiencies.<br />
19. Deduction from contract prices-All costs, damages or expenses which the Purchaser may<br />
have paid, for which under the contract, the Contractor is liable, may be deducted by the<br />
Purchaser from any amount due or which may become due by him to the Contractor clause 10,<br />
under this Contract, or may be recovered by suit or otherwise from the Contractor.
23<br />
20. Terms of payment-Subject to any deduction which the Purchaser may be authorized to make<br />
under the contract or subject to any additions or deductions provided for under clause 10 the<br />
Contractor shall be entitled to payment as follows:<br />
(a) Eighty percent of the f. o .r. Contract value of each consignment of the plant in rupees on<br />
receipt by the consignee of the clear railway receipt together with stamped and prereceipted<br />
Contractor’s bill giving the number and date of the railway receipt covering the<br />
dispatch of the plant from a station in India and to the advice-note giving case number and<br />
contents, together with a certificate by the Contractor to the effect that the plant detailed in<br />
the said advice-note has actually been dispatched under the said railway receipt and that the<br />
contract value of the said plant so dispatched is not less than the amount entered in the<br />
invoice.<br />
(b) Balance 20 percent of the f. o .r. Contract value of the plant after erection, test and check<br />
at site, but within 30 days of receipt of material.<br />
PROVIDED THAT in cases where the erection, tests and check of the plant at site<br />
is delayed for any reasons for which the Purchaser is responsible, 10 percent of the f. o .r.<br />
Contract value of the plant shall become payable, after the expiry of three months from the<br />
date of receipt of the last consignment at the destination railway station the remaining 10<br />
percent being payable after erection and test and acceptance of the plant after proper<br />
operation by the consignee.<br />
21. Suspension of works-The Purchaser shall pay to the Contractor all reasonable expenses<br />
incurred by the Contractor by reason of suspension of the manufacture of plant or delay in<br />
shipment or dispatched by order in writing of the Purchaser or the Engineer, unless such<br />
suspension or delay shall be due to some default on the part of the Contractor or sub-<br />
Contractor.<br />
22. Extension of time for completion- The time given to Contractor for dispatch or delivery shall<br />
be reckoned from the date of receipt, by the Contractor of the order, together with all necessary<br />
information and drawings, to enable the work to be put in hand.<br />
In all cases in which progress shall be delayed by strikes, lockouts, fire, accidents, delay in<br />
approval of drawings or any cause whatsoever beyond the reasonable control of the Contractor<br />
and whether such delays or impediments shall occur before or after time or extended time, for<br />
dispatch or delivery, a reasonable extension of time shall be granted.<br />
23. Damages for delay in completion-<br />
Applicable in case of materials only-<br />
The time for and the date of delivery of plant stipulated in the letter of acceptance of bidding<br />
shall be deemed to be of the essence of the contract and delivery must be completed not later<br />
than the dates specified therein, If the Contractor shall fail in the due performance of his<br />
contract within the time fixed by the contractor any extension thereof the Contractor agrees to<br />
accept a reduction of the contract price by ½ percent per week reckoned on the contract value<br />
of such portion only of the plant for which there has been delay in supply and such reduction<br />
shall not in any cash exceed 10 per cent of the contract value of such portion of the plant.<br />
Applicable in case of machinery and equipment –<br />
The time for and the date of delivery of plant stipulated in the letter of acceptance of bidding<br />
shall be deemed to be of the essence of the contract and delivery must be completed not later<br />
than the dates specified therein. If the Contractor shall fail in the due performance of his
24<br />
contract within the time fixed by the contractor any extension thereof, the Contractor agrees to<br />
accept a reduction of the contract price by ½ per cent per week reckoned on the contract value<br />
of such portion only of the plant as cannot in consequence of the delay be used during each<br />
week after the appointment or extended time as the case may be, and such reduction shall not<br />
in any case exceed 10 per cent of the contract of such portion of the plant.<br />
24. Rejection of defective plant-If the completed plant or any portion thereof before it is taken<br />
over under clause 25 be found to be defective, or fails to fulfill the requirement of the contract<br />
the Engineer shall give the Contractor notice setting forth particulars of defects or failure, and<br />
the Contractor shall forthwith make good the defect, or alter the same to make it comply with<br />
the requirements of the contract. If the Contractor fails to do so within reasonable time, the<br />
Purchaser may reject and replace it at the cost of the Contractor, the whole or any portion of<br />
the plant as the case may be, which is defective or fails to fulfill the requirements of the<br />
contract. Such replacement shall be carried out by the Purchaser within a reasonable time and<br />
at a reasonable price, and where reasonably, possible to the same specifications and under<br />
competitive conditions. In case of such replacement by the Purchaser the Contractor shall be<br />
liable to pay to the Purchaser the extra cost, if any, of such replacement delivered and/or<br />
erected as provided for in the original contract, such extra cost, being the ascertained difference<br />
between the price paid by the Purchaser under the provisions above mentioned, for such<br />
replacement and the contract price for the plant so replaced, and also to repay any sum paid by<br />
the Purchaser to the Contractor in respect of such defective plant. If the Purchaser does not so<br />
replace the rejected plant within a reasonable time, the Contractor shall be liable only to repay<br />
on to the Purchaser all amount paid by the Purchaser to him in respect of such plant.<br />
In the event of such rejection, the Purchaser shall be entitled to the use of plant in<br />
reasonable and proper manner for a time reasonably sufficient to enable him to obtain other<br />
replacement plant. During the period the rejected plant if used commercially the contractor<br />
shall be entitled to a reasonable amount as payment for such use.<br />
25. Taking over-Where the specifications call for performance tests before shipment of dispatch<br />
and these have been successfully carried out the plant shall be accepted and taken over and the<br />
Engineer shall notify the Contractor to that effect. When the specifications call for test on site<br />
the plant shall be taken over after such test have been satisfactorily carried out and the<br />
Engineer shall notify the Contractor to that effect.<br />
Such notification shall not be unreasonably withheld nor shall the Engineer delay<br />
giving such notification on account of minor omission and defects, which do not affect the use<br />
of the plant without any serious risk: PROVIDED ALWAYS that the Contractor undertakes to<br />
make good such omissions and defects at the earliest possible moment.<br />
26. Liability under the workmen’s Compensation Act-The Contractor shall at all times indemnify<br />
the Purchaser against any claims which may be made under the Workmen’s Compensation<br />
Act, 1923, or under third party risk or under any statutory modifications thereof or otherwise,<br />
or in respect of any damages or compensation payable in consequence of any accident or injury<br />
sustained by any workman or other person whether in the employment of the Contractor or not.<br />
27. Increase or decrease of quantity-The Purchaser will be entitled at any time to increase or<br />
decrease the total quantities of each description of the plant or material in the said schedule by<br />
not more than 25 percent and will give reasonable notice in writing of any such increase or
25<br />
decrease to the Contractor during the period of validity of the Contract as provided in the<br />
bidding notice.<br />
28. Authority of persons signing documents-The person signing the bidding form or any<br />
documents forming part of the contract on behalf of another warrants that he has authority to<br />
bind such other, and if, on enquiry, it appears that the person so signing had no authority to do<br />
so, the Purchaser may, without prejudice to other civil and criminal remedies, cancel the<br />
Contract and hold the signatory liable for all costs and damages.<br />
29. Use of material secured with Government assistance-Where any materials for the execution<br />
of the contract are procured with the assistance of the Government either by issue from<br />
Government stocks or purchase under arrangements made or permit or license issued by<br />
Government, the Contractor shall hold the said materials as trustee for Government and use<br />
such materials economically and solely for the purpose of the contract against which they are<br />
issued and not dispose them off without the permission of the Engineer and return, if required<br />
by the Engineer, all surplus or unserviceable materials that may be left with him after the<br />
completion of the contract or its termination for any reason whatsoever, on his being paid such<br />
price as the Purchaser may fix with due regard to the condition of the material. The freight<br />
charges for the return of the materials according to the directions of the Engineer shall be borne<br />
by the Contractor in the event of the contract being cancelled for any fault of his part. The<br />
decision of the Engineer shall be final and conclusive.<br />
30. Provision of fencing, light etc.-In case of erection or assembly of plant at site, the Contractor<br />
shall at all time provide sufficient fencing, notice boards, light and watchmen to protect and<br />
warn the public and guard the works and in default thereof the Engineer may provide such<br />
fencing notice boards, lights, watchmen as he may deem necessary and charge the cost thereof<br />
to Contractor.<br />
31. Progress reports-The Contractor shall render such reports as to the progress of the contract and<br />
in such form as may be called for the Engineer. The submission and acceptance of these reports<br />
shall not prejudice the rights of the Purchaser under clause 24.<br />
32. Breach of contract-In case of non-performance in any form or shape of the covenants, and<br />
conditions of this contract, Purchaser shall have power to annual, rescind, cancel the contract<br />
and upon his notifying in writing to the Contractor that he has so done this contract shall<br />
absolutely determine and the amount deposited as security for due performance of this contract<br />
may be forfeited by him and upon his doing so shall become the property of the Purchaser.’<br />
33. Maintenance-For a period of 12 calendars months commencing immediately upon the setting<br />
to work of the plant called “the maintenance period”, the contractor shall remain liable to<br />
replace any defective parts that may develop in plant whether supplied by the original supplier<br />
or manufacturer or of his own manufacture or those of his Sub-Contractors approved under<br />
clause 4 under conditions provided for by the Contract under proper use and arising solely<br />
from faulty design, materials or workmanship : PROVIDED ALWAYS that such defective<br />
parts as are not repairable at site and are not essential in the meantime to the maintenance in<br />
use of the plant, are returned to the Contractor’s works at the expenses of the Contractor<br />
unless otherwise arranged.
26<br />
If it becomes necessary for the Contractor to replace or renew any defective parts of the<br />
plant under this clause, the provisions of the first paragraph of this clause shall apply to the<br />
parts of the plant so replaced or removed until the expiration of six months from the date of<br />
such replacement or renewal or until the end of the above-mentioned period of twelve months<br />
whichever may be the later.<br />
If any defects be not remedied within a reasonable time the Engineer may proceed to do<br />
the work at the Contractor’s risk and expense, but without prejudice to any other rights which<br />
the Purchaser may have against the Contractor in respect of such defects.<br />
The repaired or new parts will be delivered at site. The Contractor shall bear the cost of<br />
repairs carried out on his behalf at site.<br />
At the end of the maintenance period the Contractor’s liability shall cease.<br />
34. Certificate not to effect rights of the Purchaser or Contractor-No certificate of the Engineer<br />
on account, nor any sum paid on account by the Purchaser, nor any extension of time granted<br />
under clause 22 shall affect or prejudice the rights of the Purchaser against the Contractor<br />
either under this agreement or under the law, or relieve the Contractor of his obligations for the<br />
due performance of the contract, of the Engineer shall create liability if the Purchaser to pay for<br />
any alterations, amendments, variations, or additions not ordered in writing by the Engineer, or<br />
absolve the Contractor of his liability for the payment of damage whether due, ascertained or<br />
certified or not or of any sum against the payment of which he is bound to indemnify the<br />
Purchaser nor shall any such certificate nor the acceptance by him of any sum paid on account<br />
or otherwise affect or prejudice the rights of the Contractor against the Purchaser, either under<br />
this Agreement or under the law.<br />
35. Arbitration-Every dispute, difference or question which may at any time arise between the<br />
parties hereto or any person claiming under them, touching of arising out or in respect of this<br />
deed or the subject-matter thereof shall be referred to the arbitration of Engineer in chief<br />
(Mech.) I. D.,U.P, Lucknow or any person nominated by him. It will be no objection to any<br />
such appointment that the arbitrator so appointed is a Government Servant, that he had to deal<br />
with the matters to which the contract relates and that in the course of his duties as Government<br />
Servant he had expressed views on all or any of the matters in dispute or difference. In the<br />
event of the arbitrator to whom the matter is originally referred being transferred or vacating<br />
his office or being unable to act for any reason. Engineer-in-chief (Mech.) I.D.,U.P., Lucknow<br />
shall either enter upon the reference himself or appoint another person to act as arbitrator. Such<br />
person shall be entitled to proceed with the reference from the stage it was, left by his<br />
predecessor. It is also a term of this contract that no person other than a person appointed as<br />
aforesaid should act as arbitrator and if for any reason that is not possible the matter is not to be<br />
referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs.50, 000<br />
(Rupees Fifty thousand) and above the arbitrator shall give reasons for the award.<br />
It is a term of the Contract that the party invoking the arbitration shall specify the<br />
dispute or disputes to be referred to arbitration together with the amount or amounts claimed in<br />
respect of each such dispute.<br />
Subject as aforesaid the provisions of the Indian Arbitration & conciliation Act,1996 or<br />
any statutory modification or re-enactment thereof and the rules made there under and for the<br />
time being in force shall apply to the arbitration proceeding.
27<br />
The arbitrator may from time to time with the consent of the parties enlarge the time for<br />
making and publishing the award.<br />
36. Construction of contract-The contract shall in all respects be construed and operate as a<br />
contract as defined in the Indian Contract Act,1872, and all payment there under shall be made<br />
in rupees unless otherwise specified.<br />
37. Vetting charges-The Government Conveyancer’s fees for vetting the contract documents, shall<br />
be paid by the Contractor.<br />
38. Marginal note-The marginal note to any clause of this contract shall not affect or control the<br />
construction of such clause.<br />
Superintending Engineer<br />
Central Equipment & Stores Procurement Circle-II<br />
<strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow
O<strong>TE</strong>: (i)<br />
(ii)<br />
1.00 SCOPE:<br />
28<br />
SECTIO-II(B)<br />
SPECIAL CODITIOS OF COTRACT (SCC)<br />
These Special Conditions shall be read and construed along with the annexed General<br />
Condition of Contract Form ‘B’ but in case of any contradiction or inconsistency between<br />
these special Conditions and the General Conditions of contract in Form ‘B’, the Special<br />
Conditions mentioned here in under shall prevail.<br />
If any addition, deletion or alteration in the conditions of Contract is made consequent to<br />
directions given by Government Conveyancer/ Technical Audit cell/ Any other<br />
Government agency, and if on account of such changes any financial liability is created,<br />
the same shall be to the contractor’s account.<br />
(iii) No deviations from the technical specifications/ conditions laid down shall be accepted in<br />
Technical Part-‘B’ of the e-Bid.<br />
(iv) The purchaser is not bound to accept the lowest of any bid and may reject any or all the<br />
bids with out assigning any reason. The purchaser may negotiate or re-tender on limited<br />
tender basis, if substantial financial benefit is likely to accrue to <strong>Irrigation</strong> <strong>Department</strong>,<br />
U.P. This is known as inviting Rock Bottom Rates’ where in the bidders are given the<br />
choice to reduce their rates to the minimum level possible. The purchaser may also provide<br />
the counter offer rates, if need be, to the various bidders in the best interest of the<br />
Government.<br />
This bid is for the manufacture & supply of Two Way PVC Outlet Valve capable of withstanding<br />
hydraulic working pressure of 4.00 Kg./cm 2 as per <strong>Department</strong>al Technical<br />
Specifications & Drawings stipulated in the tender documents to <strong>Irrigation</strong> <strong>Department</strong>, U.P.<br />
1.1 This e-Bid/ Contract shall be exclusively governed by the terms and conditions noted in the<br />
following headings:-<br />
(a) Invitation for Bids<br />
(b) Section I : Instruction to Bidders(ITB);<br />
(c) Section II (A) : General Conditions of Contract(GCC);<br />
(d) Section II (B) : Special Conditions of Contract(SCC)<br />
(e) Section III(A) : Technical Specifications; (TS)<br />
(f) Section III(B) : Technical Conditions; (TC)<br />
(g) Section III(C) : Bid Form<br />
(h) Section III(D) : Supply Order Statement ‘A1’<br />
(i) Section III(E) : Performance Certificate Statement ‘A2’<br />
(j) Section III(F) : Check List<br />
(k) Section III(G) : Form of Agreement for Validity Commitment Annexure-"VC"<br />
(l) Section IV(A) : Schedule of Prices & Quantities/ BOQ Schedule "A"<br />
(m) Section IV(B) : Form of Agreement<br />
(n) Section V(A) : BG Forms for EMD Annexure : EM<br />
(o) Section V(B) : BG Form for Performance Security Annexure: PS<br />
Subsequent amendments/ Corrigendum issued from time to time under the provisions of the<br />
Contract by Superintending Engineer, Central Equipment & Stores Procurement Circle-II, I.D.,<br />
U.P, Lucknow shall prevail and no other conditions other than those contained therein shall apply.
29<br />
2.00 EAREST MOEY:<br />
2.10 The Bidder shall furnish, a bid security (EMD) in the amount of Rs. 1.37Lacs (Rs. One Lacs<br />
Thirty Seven Thousand Only) in favor of the purchaser i.e. Superintending Engineer, Central<br />
Equipment & Stores Procurement Circle-II, <strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow, valid for a period<br />
of 4 months from the date of opening of financial part –‘C’ i.e. up to 12.02.20<strong>13</strong>, if presented in any<br />
of the following instruments mentioned herein under at (a)/(b)/(c)/(d) and 10 months from the date<br />
of opening of financial part –C i.e. up to 12.08.20<strong>13</strong>, if presented in the form of Bank Guarantee as<br />
mentioned herein under at (e), failing which their offer may not be considered. In case the opening<br />
of Part "C" is rescheduled, the validity shall be extended accordingly by the bidder.<br />
(a) Post Office’s Cash Certificate<br />
(b) Post Office’s Saving Account<br />
(c) Call deposit Receipt of State Bank of India or any other Scheduled Bank<br />
(d)<br />
(e)<br />
Term Deposit Receipt / Fixed Deposit Receipt of a Scheduled Bank.<br />
Bank Guarantee of a Scheduled Bank on Non Judicial Stamp paper of worth<br />
Rs. 900.00 as per prevailing Government orders of U.P. duly affixing Revenue<br />
Stamp of Rs. 1.00 there-upon on enclosed prescribed proforma (Annexure “EM”).<br />
Due precautions shall be taken in preparation of Bank Guarantee in respect of<br />
following:-<br />
(i)<br />
(ii)<br />
The non-judicial stamp paper used in preparation of B.G. must be issued from<br />
Govt. Treasury/ Authorized Bank/ Authorized Vendors and must be legally<br />
acceptable.<br />
As per Indian Stamp Act 1899, the duty shall be payable by the person drawing,<br />
making and executing the bond. The stamp paper used in Bank Guarantee shall<br />
be issued in the name of Bank issuing the Bank Guarantee from the Treasury or<br />
authorized vendor.<br />
(iii) Reference of offer of bidder shall be properly entered in the blank spaces of<br />
prescribed Bank Guarantee format.<br />
(iv) The Bank Guarantee Bond shall be written in such manner that stamp may<br />
appear on the face of the bond.<br />
(i) All the cutting and erasures shall be properly authenticated. Only water marked<br />
paper shall be used, if required additionally.<br />
ote:- Bank Guarantee Bond not complying with the above stipulations shall not be accepted.<br />
2.20 FORFEITURE OF EAREST MOEY:<br />
The Bidder shall note carefully that in the event of the breach of any terms and conditions or<br />
subsequent commitment of assurance forming part of their bid, purchaser shall have<br />
unquestionable right to reject the offer and forfeiture of Earnest Money. In the event of bidder’s<br />
offer being accepted and failure for signing the agreement on or before the scheduled date as<br />
stipulated in the acceptance letter, earnest money deposited with the department, shall be liable for<br />
forfeiture and no claim whatsoever shall be entertained in such case.<br />
2.30 RELEASE OF EAREST MOEY :<br />
The Earnest Money shall be released after the finalisation of contract, however the earnest money<br />
of the bidder failing to qualify Part-"A" of the tender may be released earlier.<br />
3.00 PRICES:<br />
3.10 The prices quoted in Column-4 of the Schedule of Prices & Quantities Schedule-“A” shall be per<br />
unit & exclusive of excise duty and Central Sales Tax/ VAT, Packing, Forwarding, Transit<br />
Insurance & Freight Charges up to destination which shall be distinctly shown in respective<br />
columns along with the quoted prices, failing which offer may not be considered.
30<br />
3.20 It is mandatory for the bidders to furnish the breakup of prices as required in schedule-A (Schedule<br />
of Prices & Quantities) failing which the offer shall not be considered.<br />
3.30 The prices quoted in Column-8 of Schedule “A”, should be F.O.R. destination for any station in<br />
U.P., duly insured for any loss/ damage during transit including Excise duty, CST/VAT and<br />
packing, forwarding & freight and any other charges if applicable.<br />
3.40 The bidders are required to quote FIRM & FIXED PRICES, In case prices quoted are variable,<br />
their offer is liable to be ignored.<br />
4.00 EXCISE DUTY:<br />
4.10 EXCISE DUTY as leviable on AD-VALOREM basis), along with cess if intend to be claimed,<br />
shall be quoted Separately in Column-5 of annexed Schedule of Prices & Quantities, Schedule -<br />
“A”, in section IV (A) of bid document, as applicable at present on actual basis which shall be<br />
reimbursed to the contractor against documentary evidence i.e. photocopy of the Invoice duly<br />
attested & signed by firm’s Managing Director or his authorized signatory for this purpose.<br />
4.20 If reimbursement of the Excise Duty is intended as extra over the quoted price, the bidder must<br />
specifically say so. In the absence of any such stipulation, it will be presumed that the prices<br />
quoted are firm and final and no claim on account of excise duty will be entertained after the<br />
opening of bids.<br />
4.30 If a bidder chooses to quote a price inclusive of excise duty and does not confirm that the excise<br />
duty not included is firm and final, he should clearly indicate the rate of excise duty and quantum<br />
of excise duty included in the price, Failure to do so may result in ignoring of such bid summarily.<br />
4.40 Any statutory variation in Excise Duty during validity of contract shall be to the purchaser’s<br />
account, duly supported by government notifications.<br />
4.50 In case, Excise Duty is Nil or not applicable or exempted, it shall be distinctly mentioned in the<br />
offer, and in case firm is eligible for concessional Excise Duty on slab basis as per prevailing Govt.<br />
notification, the same shall be clearly mentioned in the firm’s offer, indicating the rate of Excise<br />
Duty that shall be charged by them in case their offer is accepted. No claim of the bidder,<br />
thereafter for extra Excise Duty shall be tenable on the ground of the Bidder having crossed a<br />
particular slab.<br />
4.60 Contractor shall record a certificate on each bill that the excise duty charged on the bill is not more<br />
than the payable under the provisions of the relevant enactments or the rules in force and also<br />
certify that the amount claimed towards Excise Duty in the bill is in accordance with the<br />
provisions of the rules in force and that the same has been paid to the excise authorities in respect<br />
of the stores covered by the bill.<br />
4.70 During validity of contract, if on account of statutory provisions, any amount of the Excise Duty as<br />
claimed from the purchaser and paid to Excise <strong>Department</strong> is reimbursed to the contractor, the<br />
same shall have to be declared to the purchaser for onward adjustment and in case of default, the<br />
same shall be treated as breach of contract and necessary action as per provisions stipulated in<br />
terms and conditions of contract shall be initiated/taken against the contractor.<br />
4.80 For period of validity of contract, Bidder shall give an undertaking along-with their offer in Part<br />
"B" on Rs. 100.00 Non-Judicial stamp paper that prices of required stores/equipment & Excise<br />
Duty have been quoted after taking CENVAT CREDIT of the inputs in to account and same has<br />
been passed on the purchasers account.<br />
5.00 CETRAL SALES TAX / VAT:<br />
5.10 Central Sales Tax/ VAT of any description whatsoever where leviable and intended to-be claimed<br />
from the purchaser, whether as part of price or by way of tax in pursuance of statutory provisions<br />
applicable to the Bidder, the same shall be distinctly shown along-with the prices quoted in<br />
Column-6 of annexed Schedule of prices & Quantities Schedule-‘A’ in section IV(A) of bid
31<br />
document. Where this is not done, all claims for payment or reimbursement of Trade / Sales Tax of<br />
any description what so ever whether as a part of the prices or as tax shall be deemed to have been<br />
waived off on all the occasions and no such claims shall be entertained on any ground whatsoever.<br />
5.20 If any bidder desires to ask for Central Sales Tax/ VAT to be paid extra, the same must be<br />
specifically stated. In the absence of any such stipulation in the bid, it will be presumed that the<br />
prices quoted by the bidder are inclusive of Central Sales Tax/ VAT and the liability for payment<br />
of the CST/VAT will be developed upon the purchaser.<br />
5.30 The Central Sales Tax / VAT shall be payable at concessional rates as admissible against Govt.<br />
Supplies as the case may be and against specific mention of the same, failing which no such form<br />
shall be issued.<br />
5.40 In case Central Sales Tax / VAT and other duties / levies, if any, is quoted as inclusive in the<br />
prices, the contractor shall clearly mention the rate at which it is included in the prices with<br />
documentary proof.<br />
5.50 Any statutory variation in the tariff of Central Sales Tax / VAT shall be to purchaser’s account<br />
during the stipulated delivery period of contract.<br />
5.60 Any other statutory orders of the Govt., applicable at the time of supplies, shall come in force after<br />
due approval by the purchaser.<br />
6.00 PACKIG, FORWARDIG TRASIT ISURACE & FREIGHT :-<br />
6.10 Packing, Forwarding & Freight Charges with Transit Insurance shall be quoted separately in<br />
Column-7 of Schedule of Prices & Quantities Schedule-“A”. It is Contractor’s responsibility to<br />
ensure safe delivery of the ordered material to the consignee’s Stores.<br />
6.20 The responsibility in transit from works to the destination shall lay with the bidder, and as such the<br />
Transit risk in this respect may be covered the bidder, by getting the stores duly insured, if he so<br />
desires. The insurance cover shall be obtained by the contractor in his own name and not in the<br />
name of the consignee. The consignee will as soon as possible but not letter than 45days of the<br />
date of arrival of stores at destination, notify the contractor of any loss or damage to the stores that<br />
may have occurred during transit.<br />
7.00 OCTROI, TOLL TAX, ETRY TAX & OTHER TAXES:-<br />
The prices shall be quoted exclusive of Octroi, Toll Tax, Entry Tax , other taxes and local duties<br />
imposed by State/ Central Govt., if any but the same shall be distinctly mentioned in the Bidder’s<br />
offer, in case they are intended to be claimed, which shall be paid extra on actual basis on<br />
production of documentary proof. Any statutory variation in the same during stipulated delivery<br />
period shall be to the purchaser’s account.<br />
8.00 DISCOUT:<br />
Any discount, other than prompt payment discount, shall be distinctly mentioned in commercial<br />
offer.<br />
9.00 COMPARISIO OF PRICES:<br />
9.10 The comparison of the prices shall be on the basis of F.O.R. Destination (Landed Rates) inclusive<br />
of Basic Rates with Excise Duty, Education Cess, CST/ VAT, Packing & Forwarding Charges,<br />
Freight and Transit Insurance & other taxes etc. However the purchase shall be decided on the<br />
basis of total/ landed rates, inclusive of CST/ VAT.<br />
9.20 Any rebate/ discount linked with quantity terms of payment any other conditions shall not be<br />
considered for the purpose of evaluation and comparison of such offer vis-à-vis others. However,<br />
the same may be availed while placing orders with such successful bidders.
32<br />
10.00 PRICE/ PURCHASE PREFERECE:<br />
The firm shall furnish documentary proof for being registered as small / medium / large scale unit<br />
by any statutory body along-with location of their unit indicating the state where it is located.<br />
Bidder must distinctly mention the clause of the relevant Government order under which price/<br />
Purchase preference is being claimed for. Price/Purchase preference to the firm shall be considered<br />
only as per prevalent rules/ Govt. orders in force, on the request of the firm. Bidder found eligible<br />
for preference, shall have to match his price with the lowest bidder in case he is willing to work on<br />
the lowest rate.<br />
11.00 PERFORMACE GUARA<strong>TE</strong>E:<br />
The performance of the material conforming to the Detailed Technical Specifications annexed and<br />
as to be supplied shall have to be guaranteed for a period of 12 months from the date of supply,<br />
and to cover the guarantee, the contractor shall submit the performance security in the manner<br />
prescribed in clause-12.00 hereinafter. If any defect in respect of Design, Inferior Material,<br />
Workmanship or Quality etc. is noticed during guarantee period, the material shall be replaced as<br />
the case may be, by the Contractor at his own cost & risk within one month positively from the<br />
date of intimation of the defect.<br />
12.00 PERFORMACE SECURITY:-<br />
In the event of a contract being placed on a contractor, he shall have to deposit performance<br />
Security amounting to 10% value of the Contract within 15 days from the date of issuance of<br />
acceptance letter, failing which it will be presumed that the firm is not interested in entering into<br />
Agreement and the offer of the firm shall be ignored at the risk and expenses of the firm and<br />
earnest money deposited shall be forfeited.<br />
The aforesaid Performance Security if deposited in the form of Bank Guarantee issued by a<br />
scheduled Bank on non judicial stamp papers legally acceptable as per stamp act 1899, equivalent<br />
to 0.5% of the performance security amount, subject to the maximum Rs.10,000.00 on the<br />
prescribed proforma annexed as Annexure “PS” in section-V(B), valid for payment for a<br />
period of 18 months from the last date of stipulated delivery period, pledged for payment in the<br />
name of Superintending Engineer, Central Equipment and Stores Procurement Circle-II <strong>Irrigation</strong><br />
<strong>Department</strong>, U.P. Lucknow for the purpose mentioned above and mentioned hereinafter. The<br />
performance security may also be deposited in any of the following instruments.<br />
(a) Post Office’s Cash Certificate.<br />
(b) Post Office’s Saving Account,<br />
(c) Call deposit Receipt/ TDR/FDR of State Bank of India or any Scheduled Bank.<br />
The Superintending Engineer, Central Equipment and Stores Procurement Circle-II, <strong>Irrigation</strong><br />
<strong>Department</strong> U.P., Lucknow shall be at liberty at any time to appropriate and apply any security so<br />
deposited as aforesaid in or towards payment or satisfaction of purchaser or any amount which<br />
shall become due for owing by the Contractor to the Purchaser by virtue of this Contract or other<br />
contracts provided anything contained in this clause shall not prejudice any other remedy to which<br />
the Purchaser may be entitled for the recovery of such moneys available and this Performance<br />
Security subject to such deductions as aforesaid be refundable to the Contractor after 18 months<br />
from the date of satisfactory completion of supplies in accordance with the terms and conditions<br />
of the Contract.<br />
(i) If the quantity to-be supplied is enhanced at any stage, the Contractor shall be required to<br />
deposit additional Performance Security @10% of the value of enhanced quantity in the<br />
manner as mentioned above enhanced quantities only then the contractor shall have the right to<br />
supply the enhanced quantity.
33<br />
(ii) The Bidder shall, on requisition from time to time, renew, enhance or replenish the<br />
performance security. The Superintending Engineer, Central Equipment & Stores Procurement<br />
Circle-II, <strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow shall be at liberty at any time to appropriate &<br />
encase any security so deposited, in the event of his failure to fulfill the terms & conditions of<br />
the contract.<br />
(iii)In the event of grant of any extension in completion schedule of the Contract, due to any<br />
reason whatsoever it shall be mandatory for the contractor to extend the validity of their<br />
performance security / Bank Guarantee for further period of extension, in case there refusal to<br />
do so, it shall be treated as breach of contract and necessary action as deemed fit shall be taken,<br />
in view of the terms & conditions of the contract.<br />
(iv) The above stipulations shall not override the stipulations of Financial Hand Book.<br />
<strong>13</strong>.00 PRE - DESPATCH THIRD PARTY ISPECTIO :<br />
(i) The entire Supply of Two-Way PVC Outlet Valve shall be pre-dispatch inspected by 3 rd<br />
Party Inspecting Agency nominated by Superintending Engineer, Central Equipment<br />
& Stores Procurement Circle-II, <strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow as per relevant<br />
Indian Standard & Detailed Technical Specifications stipulated in the tender, documents at<br />
manufacturer’s works. The contractor shall offer material for inspection along with<br />
consignee wise quantity detail to inspecting agency and also provide all necessary<br />
facilities / documents desired by the inspection authority at the time of inspection The<br />
inspection charges shall be initially borne by the Contractor, which shall be claimed from<br />
the consignee in his bills/ invoices of the supplies on actual/ pro-rata basis against<br />
documentary proof. In case the material offered for inspection is rejected in the first<br />
inspection, the charges for second inspection shall be borne by the contractor, and the same<br />
shall not be reimbursed. In case the material offered for inspection is rejected after the<br />
second inspection, Purchaser may annul / rescind the contract and forfeit the Performance<br />
Guarantee / security for which no claim of contractor shall be admissible.<br />
(ii) In the event of delay in the inspection at the level of designated Inspection Agency and the<br />
material being urgently required, Superintending Engineer, Central Equipment & Stores<br />
Procurement Circle-II, <strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow may designate alternative<br />
third party inspection agency or his representative for the inspection of material.<br />
(iii) The contractor shall submit Quality Assurance Plan (Q.A.P) to inspection Agency at the<br />
time of offering the material for inspection with a copy to Superintending Engineer, Central<br />
Equipment & Stores Procurement Circle-II, I.D.U.P., Lucknow.<br />
(iv) The purchaser or his authorized representative shall be free to inspect the material at any<br />
time during or after manufacturing process at the time of completion of supplies and<br />
afterwards also. The contractor shall provide all facilities required for such inspection at<br />
their works free of cost. In case any further inspection is necessitated through other<br />
inspecting agency, then in that case inspection charges shall be borne by the purchaser.<br />
(v)<br />
(vi)<br />
The bidder shall make the Inspection Call to the nominated III rd Party Inspection Agency<br />
duly indicating up to which period the delivery period of the relevant contract is valid.<br />
If the Inspection Call for supply of stores with ISI marking the contractor should clearly<br />
indicate validity period of BIS License and also confirm that the same has not been revoked<br />
or no legal action has been initiated by BIS while requesting for pre dispatch inspection.
14.00 COMPLETIO PERIOD :<br />
34<br />
14.10 DELIVERY OF MA<strong>TE</strong>RIAL:<br />
These supply shall commence within ONE month after 15 days of the date of issue of acceptance<br />
letter and shall be completed within ONE month thereafter i.e. total delivery period is TWO & half<br />
months from the date of issue of acceptance letter. This period of completion may be altered at the<br />
time of Agreement / Supply Order by the Purchaser with mutual consent of the contractor. The<br />
date of actual receipt of the material in consignee’s store shall be treated as the date of completion<br />
of delivery.<br />
15.00 DESPATCHES:<br />
The inspected material covered by this contract shall be dispatched freight paid duly insured by<br />
goods train directly from manufacturer’s works to destination railway station / by road transport<br />
for delivery up to consignee’s stores.<br />
15.10 Unloading at destination railway station, unloading, carriage up to consignee’s Stores / Site and<br />
stacking at consignee’s store in case of dispatch by rail and unloading & stacking at consignee’s<br />
Store in case of road transport shall be contractor’s liability.<br />
15.20 In case of dispatch by road, the contractor shall request the consignees for issue of Road<br />
Permit Form-38 in advance, if applicable so that dispatches are not delayed & are expedited<br />
in time.<br />
16.00 FAILURE TO EXECU<strong>TE</strong> SUPPLIES WITH I DELIVERY PERIOD: If the contractor fails<br />
to supply the material with in the stipulated delivery period, the Superintending Engineer issuing<br />
Agreement /Contract shall be at liberty to, rescind/ cancel the order placed on the contractor and<br />
arrange the same supplies at prevailing market rate and the higher price if any paid against such<br />
supplies shall be recoverable from the contractor from Performance Security/Pending claimed due<br />
in the department.<br />
17.00 RESPOSIBILITY FOR SAFE TRASPORTATIO:<br />
The firm shall ensure safe delivery of material up to the railway destination / consignee’s stores as<br />
the case may be. Incase of material being dispatched by rail & there is any evidence of loss or<br />
damage, the consignee shall acquire necessary certificate for such loss / damage / shortage from<br />
the appropriate Railway Officials before taking delivery and lodge the claims with the Railways at<br />
once within 15 days from the date of receipt of Consignment under intimation to the firm and<br />
Superintending Engineer, Central Equipment & Stores Procurement Circle-II, <strong>Irrigation</strong><br />
<strong>Department</strong> U.P. Lucknow In case of material dispatched through road transport, the<br />
consignee shall report the loss/damage/shortage in the consignment received at consignee’s store<br />
to the firm under registered cover within 15 days of receipt of material under intimation to<br />
Superintending Engineer, Central Equipment & Stores Procurement Circle-II irrigation<br />
<strong>Department</strong> U.P. Lucknow.<br />
18.00 SUPPLY OF CORRECT STORES / EQUIPMET:<br />
The contractor shall ensure that only those stores, which are correct and according to stipulated<br />
technical specifications of tender/ contract, are supplied. In the event of discrepancies being found<br />
subsequent to the completion of the supply, the contractor shall be bound to replace/ rectify them<br />
by correct stores free of cost to the purchaser as per “PERFORMANCE<br />
GUARAN<strong>TE</strong>E/SECURITY” Clause 11.00/12.00 given herein before.
35<br />
19.00 REPLACEMET / RECTIFICATIO OF DEFECTIVE SUPPLIES:<br />
If the supply is found defective / unsuitable / sub standard or rejected at consignee’s stores / sites,<br />
the same will be reported to the Contractor along with the defect details with in 15 days from the<br />
date of notice of such defect by the consignee. The contractor shall replace/rectify the<br />
defective/rejected material free of cost within one month of receiving such information from<br />
consignee, failing which the cost of material inclusive of all taxes and duties shall be recovered<br />
from the performance Security / pending claim in the department . In the event of Govt. work<br />
being suffered on account of delay in replacement/rectification of material by the contractor, the<br />
purchaser shall be at discretion to purchase the material at the prevailing market price and in such<br />
case Contractor shall have to reimburse the excess amount if paid or else the same shall be<br />
recovered from the performance Security pending claims due in the department.<br />
20.00 LIQUIDA<strong>TE</strong>D DAMAGE:<br />
If the entire supply or any part thereof is not completed by the due-date the liquidated damage as<br />
provided in Clause 23 of annexed General Conditions of Contract Form-‘B’ shall become payable<br />
at the rate of ½% per week of the contract value exclusive duties & taxes of unsupplied / delayed<br />
supplies subject to a maximum of 10% of contract value of such supplies.<br />
21.00 FORCE MEJEURE CLAUSE :<br />
If at any time during the pendency of this contract , the performance in whole or in part without the<br />
consent of purchaser or any obligation under this contract is prevented or delayed by the reasons of<br />
any war, sabotage, fires, floods, strikes, lock-out, explosion, epidemics, quarantine restriction or<br />
other act of God, King, Government or ruler (hereinafter referred as eventuality), if the notice of<br />
happening of such eventuality is given by the Supplier to the purchaser purchaser within 15 days<br />
from the date of occurrence of such eventuality thereof, the purchaser shall neither terminate<br />
contract nor claim any damages in respect of such non-performance or delay for the reasons as<br />
mentioned herein before, but the supply shall be resumed as soon as possible after such<br />
eventualities have come to an end or seized to exist. However, the decision of Superintending<br />
Engineer, Central Equipment & Stores Procurement Circle-II, I.D.,U.P., Lucknow shall be be final<br />
in such case.<br />
22.00 VALIDITY OF COTRACT :<br />
The contract shall be valid till the validity of the Performance Security as stipulated in Clause<br />
12.00 herein above.<br />
23.00 REQUEST FOR TIME EX<strong>TE</strong>SIO:<br />
The contractor shall apply for the extension of time at least 15 days in advance reckoned from the<br />
date of completion of supplies along with necessary documentary proof in support of their<br />
contention for extension of time, to the Superintending Engineer, Central Equipment & Stores<br />
Procurement Circle-II <strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow, failing which request for extension of<br />
time is liable to-be rejected and liquidated damages as per Clause 23 of General Condition of<br />
Contract-Form “B” shall become payable.<br />
24.00 RESPOSIBILITY FOR COMPLE<strong>TE</strong>ESS:<br />
Any other material/ item which may not have been specifically mentioned in the Schedule of Prices<br />
and Quantity but are usual or necessary, shall be provided by the contractor without extra charges, so<br />
that ordered material are complete in all respect.<br />
25.00 OMIATIO OF EGIEERS:<br />
The Superintending Engineer, Central Equipment & Stores Procurement Circle-II, <strong>Irrigation</strong><br />
<strong>Department</strong> U.P., Lucknow would act as Engineer for the purpose of this contract as defined in<br />
Clause-I(x) of General Condition of Contract form “B” annexed.
36<br />
26.00 <strong>OTICE</strong> TO COTRACTOR:<br />
Any notice given to the contractor shall be posted under Registered Cover / Speed Post /Fax to their<br />
address. The Bidder is therefore required to give their complete postal, telephonic & telegraphic &<br />
Email address including fax no. Such posting other than fax message shall deemed good service of<br />
such notice and the time mentioned therein for doing any act after notice shall be reckoned from the<br />
date on which such notice should normally reach him i.e. One Week.<br />
27.00 RESPOSIBILITY OF THE COTRACTOR:<br />
The contractor shall be entirely responsible for execution of the contract in accordance with the<br />
Terms and Conditions contained in Invitation for Bids Instructions to bidder, Special conditions<br />
of Contract, General Conditions of Contract Form “B”, Technical Specifications, Technical<br />
conditions, Bid Form, Form of Agreement, Prices schedule (BOQ), Letter of Acceptance of Tender<br />
and Agreement issued by Superintending Engineer Central Equipment & stores procurement circle-<br />
II, IDUP, Lucknow.<br />
28.00 PAYMET <strong>TE</strong>RMS:<br />
28.10 AGAIST DISPATCH THROUGH RAIL :-<br />
(In case material is dispatched through Rail) Bills in triplicate duly stamped and pre receipted alongwith<br />
a clear Railway Receipt in the name of consignee (Freight paid), complete dispatch particulars,<br />
Inspection certificate / Release note shall be submitted to the consignees against which payment<br />
shall be admissible in accordance with following schedule:-<br />
90% (Ninety percent) of the Ex-works Prices including packing charges plus 100%<br />
(Hundred percent) Taxes & Duties and inspection charges against clear Railway Receipt (not<br />
through Bank) along with Inspection certificate / Release note Contractor’s Invoice giving no. and<br />
date of the Railway Receipt covering dispatch of material from Manufacture’s works to Consignee’s<br />
Destination Railway Station, the Advice Note / Delivery Challan giving case no. and contents<br />
together with a certificate by the contractor to the effect that the material detailed in the said advice<br />
note has actually been dispatched under the said Railway Receipt and that the Contract Value of the<br />
material as dispatched is not less than the amount entered in the Invoice / Bill and that only those<br />
stores which are correct and according to the Technical specifications of the tender/ contract have<br />
been dispatched.<br />
28.20 AGAIST DESPATCH THROUGH ROAD TASPORT :-<br />
For dispatches through Road Transport 90% of the Ex-Work prices including Packing, forwarding<br />
and freight charges plus100% taxes & duties and inspection charges of each consignment of stores<br />
shall be paid against actual receipt of material in satisfactory conditions at Consignee stores.<br />
28.30 Balance 10% (Ten percent) of the Ex-works price including packing, forwarding & freight charges<br />
shall be payable after check and verification of material within a month from the date of receipt of<br />
material.<br />
28.40 The aforesaid payment terms of sub-clause 28.30 are applicable when supplies have been completed<br />
within the stipulated delivery period.<br />
28.50 The purchaser reserves the right to modify the above payment terms.
37<br />
28.60 If the contractor is found charging price more than the prices declared by the purchaser in writing in<br />
their bill / invoice/ letter of credit sent through Bank and consignee/ paying authority having no option<br />
except to make payment of such letter of credit, the excess amount so paid and found in excess of the<br />
amount due as per contract shall be reimbursed by the contractor to the consignee immediately within 7<br />
days at their level failing which same shall be recovered from the performance security deposited by the<br />
contractor / any other dues pending with the department and further action as per Clause 32 of General<br />
Conditions of Contract Form ‘B’ shall be taken for which no claim of contractor shall be entertained.<br />
28.70 No interest shall be paid for delayed payments what so ever delay may be.<br />
29.00 PROMPT PAYMET DISCOUT:<br />
½ %(Half percent) prompt payment discount on Prices of material as shown in Column 4 of<br />
Schedule of Prices & Quantities, Schedule-A shall be allowed by the Contractor if his balance<br />
payment as given above in Clause 28.3 is made within 30 days from the date of receipt of supplies<br />
in satisfactory condition.<br />
30.00 QUATITY VARIATIO:<br />
Quantity mentioned of tendered item is tentative & subject to change up to any extent as per actual<br />
requirement till the time of finalization of Contract. However, the purchaser is also entitled to<br />
increase/decrease the quantities after signing the agreement during validity of contract as per<br />
stipulation in clause-27 of General conditions of contract-Form-‘B’, and quantities are further<br />
proposed to be increased / decreased, are subject to the prior consent of the contractor.<br />
31.00 PROGRESS OF SUPPLY :-<br />
The Contractor shall report progress of supplies from time to time to the office of Superintending<br />
Engineer, Central Equipment & Stores Procurement Circle-II <strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow,<br />
failing which it shall be deemed as non-performance.<br />
32.00 DTSTRIBUTIO OF QUATITY :<br />
The purchaser reserves the right to distribute the quantities between different bidders on the lowest<br />
tendered rates in the public interest.<br />
33.00 TRADE/SALES TAX CLEARACE CERTIFICA<strong>TE</strong>:<br />
Bidder shall submit Trade/ Sales Tax Clearance Certificate / No dues Certificate issued within 364<br />
days prior to opening of tender, duly signed by the Trade/Sales Tax Officer concerned under the seal<br />
of their office along with Part ‘C’ Financial of their bid, Failure to produce the said certificate will<br />
render their tender liable to be ignored.<br />
34.00 DEVIATIO:<br />
No deviation from the technical specifications & technical conditions shall be acceptable in Part "B"<br />
Technical of their bid.<br />
35.00 EVALUATIO OF <strong>TE</strong><strong>DER</strong>S:<br />
Bidders may please note that each & every Part of the bid shall be evaluated in accordance with the<br />
relevant clauses of the bid documents.<br />
ote:- Bidders may please note that if any of the preceding part of the bid is not found responsive, the<br />
next Part of the bid shall not be opened & no claim what so ever shall be entertained<br />
36.00 O-PERFORMACE:<br />
In the event of non-performance of any kind during the pendency of the contract, this shall be treated<br />
as misconduct on the part of the firm and the firm may be Black-listed along with penal action as per<br />
conditions stipulated in bid document / contract.
38<br />
37.00 DISPU<strong>TE</strong>:<br />
All disputes arising out of this Contract shall be subjected to the provisions of Arbitration and<br />
Conciliation Act–1996 and subsequent amendment thereof. Disputes not covered under the<br />
arbitration provisions shall be subjected to the territorial jurisdiction of Lucknow Courts only.<br />
Superintending Engineer<br />
Central Equipment & Stores Procurement Circle-II,<br />
<strong>Irrigation</strong> <strong>Department</strong>, U. P., Lucknow.
39<br />
SECTIO-III-<strong>TE</strong>CHICAL BID<br />
<strong>TE</strong>CHICAL SPECIFICATIOS FOR THE SUPPLY OF TWO-WAY PVC OUTLET<br />
VALVE<br />
1.00 GEERAL:<br />
PVC Outlet Valve as shown in enclosed sheet-1 read with sheet-2 on page 41 & 42, are required<br />
for use in PVC pipe line distribution system of State Tubewells for irrigation purpose. The PVC<br />
Outlet Valve shall be in accordance with the enclosed drawings. The basic requirement of this<br />
valve apart from discharging water without appreciable head loss is tamperproofness so that it may<br />
not be damaged, disturbed or mishandled by the miscreants. The all joints of valve should be leak<br />
proof.<br />
2.00 MA<strong>TE</strong>RIAL SPECIFICATIO:–<br />
The Unplasticized PVC (Poly-Vinyl Chloride) material as per IS: 4985:2000 or its latest<br />
amendments if any. The additives shall be as per IS: 10148:1982 or its latest amendments if any<br />
suitable for potable water.<br />
3.00 SPECIFICATIOS OF IDIVIDUAL PARTS:<br />
The detailed technical requirements of individual parts of the “TWO WAY P.V.C. OUTLET<br />
VALVE” are as under:-<br />
3.10 PVC TOP FLAGE: (Part no.-1)<br />
The PVC top flange of Two Way P.V.C. Outlet Valve shall be injection moulded, made of<br />
Unplasticized PVC material. Top flange shall be tight fit in PVC upper case and it shall be<br />
clamped by two steel screws 3x10 mm long to fix the top flange duly jointed with good quality<br />
solvent cement as per IS : 14182:1994 or its latest amendments if any. In the PVC upper case, it<br />
shall be provided with an integrally moulded guide for movement of push rod in running fit<br />
conditions. Prominent Dimensions of Top Flange are as shown in the drawing.<br />
3.20 TWO- WAY PVC UPPER CASE (Part no.2)<br />
This shall be made out of Unplasticized PVC material as per IS: 4985:2000 or its latest<br />
amendments if any. This shall be injection moulded and shall conform to IS 7834 (Part 4): 1987<br />
according to the dimensions shown in the drawing.<br />
3.30 PVC BALL HOUSIG FLAGE (Part no.-3)<br />
The Unplasticized PVC Ball housing flange dimensions are shown in drawing. The material and<br />
chemical composition is similar as of PVC Top flange. The flange shall be injection moulded<br />
and shall have hole of dimensions as <strong>13</strong>8±0.2 mm at top and 142±0.2 mm at bottom suitable<br />
with profile of ball to make joint leak proof. The inner taper surface of hole shall have one<br />
vertical slot of max 0.5 mm x 0.5 mm to release the air/surge pressure generated in the pipe line.<br />
The flange will have both side tail end pieces of 14.0 mm length and 4.0 mm thick with no<br />
negative tolerance duly solvent cement jointed in PVC upper case and PVC Ball housing parts<br />
of the valve with good quality solvent cement as per IS : 14182:1994 or its latest amendments if<br />
any.<br />
3.40 PUSH ROD (Part no.-4)<br />
The Push Rod shall be used to open the valve for discharging the water from it by pushing<br />
HDPE Ball down words. It shall be made out of 9 mm dia minimum steel Rod insert moulded in<br />
poly propylene co polymer (PPCP) as per drawing. In the bottom portion of Spindle a Semi
40<br />
Circular Canopy should be provided so that Point-Contact between Spindle & Ball can be<br />
avoided. The outer profile of canopy which is to remain in contact with the ball shall have a<br />
circular profile having a radius equal to ball radius as shown in drawing so that point-contact<br />
between spindle & ball can be avoided.<br />
The outer dimensions of Push Rod should be such that it can move upward & downward<br />
in the guiding of top flange in close running fit and shall be provided with suitable arrangement<br />
on top to lock it when valve is in running position.<br />
3.50 HDPE BALL: (Part no.-5)<br />
The High Density Polyethylene Ball of natural colour. It shall be made by Blow Moulding with<br />
virgin High Density Polyethylene material as per IS: 7328:1992 or its latest amendment, if any.<br />
The HDPE material shall be such as it can be used in potable water supply. The material<br />
composition shall be as per IS: 10146:1982 or its latest amendments. Outer diameter of the ball<br />
shall be 150±1 mm. The weight of the ball shall be 300±10 gm. Surface of the ball shall be<br />
smooth at every point. If the ball is made by Blowing methods, the blowing hole shall be<br />
plugged with the same material in continuity with the process. No plugs are acceptable for<br />
sealing the hole.<br />
3.60 LATCHIG ARRAGEMET: (Part no.-6)<br />
Suitable locking arrangement shall be provided on top of valve so that valve can be locked in<br />
running position, this arrangement is to be welded with U-Type hold fast for protection of Top<br />
Flange.<br />
3.70 U-TYPE HOLD FAST : (Part no.-7)<br />
U type hold fast of 5mm. dia MS bar tag welded at latching rod as per drawing.<br />
3.80 PVC BALL HOUSIG (Part no.-8)<br />
The PVC Ball housing shall be injection molded made of PVC material confirming to IS:<br />
4985:2000 or its latest amendments if any. M.S. round bar of 9 mm dia minimum and 210.0<br />
mm minimum long to be fitted as per drawing to prevent the ball from falling into the pipe. The<br />
MS bar should be fixed with suitable resin & fiber glass mats so as to make it leak proof. The<br />
lower end of PVC ball housing shall be made as per IS: 4985:2000 or its latest amendments if<br />
any to fit suitably on PVC riser pipe of 160 mm dia.<br />
3.90 M.S. OZZLE: (Part no.-9)<br />
Two numbers of M.S. Nozzle of size 4”( inch) ¾ Approx. 100mm. nominal dia shall be<br />
provided separately with four number of steel screw (3X10mm. long) on both sides of Valve as<br />
per drawing, for discharging the water and clamping of lay-flat hose pipe for irrigation purpose.<br />
These nozzles shall be connected to PVC projections by tight fit.<br />
ote: Tolerances in the dimensions included in parts of Tendered item, shall be as per relevant<br />
Indian Standard.<br />
Superintending Engineer<br />
Central Equipment & Stores Procurement Circle-II,<br />
<strong>Irrigation</strong> <strong>Department</strong>, U.P., Lucknow
41<br />
Sheet-1
42<br />
Sheet-2
43<br />
SECTIO-III(B) <strong>TE</strong>CHICAL CODITIOS<br />
FOR THE SUPPLY OF TWO-WAY PVC OUTLET VALVE<br />
1.00 COMPLE<strong>TE</strong> <strong>TE</strong>CHICAL OFFER:-<br />
Bidder shall submit all details as per tender requirement along with all documents i.e. Invitation for<br />
bids, Instructions to Bidders, Special Conditions of Contract, General Conditions of Contact Form<br />
“B” and Technical Specifications with Drawing & Technical Conditions in duplicate duly digitally<br />
signed and stamped on each page by the bidder in lieu of firms acceptance of all the tender<br />
conditions in toto.<br />
2.00 POWER OF ATTOREY:-<br />
Pursuant to Clause 21.7 of ITB Power of attorney in the name of individual signing tender<br />
document or other documents connected with the contract must write his name in block letters<br />
under his signature and must specify whether he/they signs/sign as:<br />
(i) a “Sole Proprietor” of the Firm or his ‘Attorney”.<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
a “Procurator” of the Firm.<br />
an active Partner of the Firm in case where authority to refer to arbitration disputes<br />
concerning the business of the partnership has been conferred on every partner by<br />
Partnership Agreement.<br />
a person or persons duly authorized by a power of attorney to bind all the Partners of<br />
the Firm in all matters pertaining to the Agreement including the arbitration clause.<br />
In case the tender is submitted by a company/corporation, the same shall be signed by<br />
the authorized signatory and evidence/authority of the person signing on behalf of the<br />
bidder shall be furnished along with tender.<br />
ote:<br />
(a) In case of (iii) & (iv) above, a copy of Partnership Deed Agreement or General Power Of<br />
Attorney attested by The Public Notary should be furnished.<br />
(b) In case of the Partnership Firm, where authority as aforesaid has not been conferred upon any<br />
individual by Partnership Agreement or Power Of Attorney, tenders and other related documents<br />
must be signed by every Partner.<br />
(c) A person signing the tender form or any document forming part of the contract on behalf of<br />
another shall be deemed to warranty that he has authority to do so and if found that the person so<br />
signing had no authority to do so, the Purchaser, without prejudice to other civil and criminal<br />
remedies may cancel the tender/ Contract & hold the signatory liable for all cost of damages.<br />
(d) Each page of the tender documents schedules and annexures shall be signed and stamped by the<br />
Bidder. Cuttings/over writings/erase, if any, must invariably be initialed by the person signing<br />
the bid document.<br />
3.00 BIDFORM:-<br />
As annexed hereinafter duly filled, signed and stamped by the Bidders is to be submitted.<br />
4.00 VALIDITY COMMITMET:-<br />
Agreement (for Validity Commitment) in prescribed proforma (Annexure-‘VC’) on Rs. 100.00<br />
Non Judicial Stamp Papers, duly signed by the Bidder is to be submitted. The tender offer shall<br />
remain valid for acceptance for a minimum period of 4 months from the scheduled date of opening<br />
of Commercial Part-‘C’ of the bid i.e. 12.02.20<strong>13</strong>.
44<br />
5.00 <strong>TE</strong>CHICAL LI<strong>TE</strong>RATURE:-<br />
Bidder shall submit relevant illustrated technical literature having detailed technical<br />
Specifications, drawings, data, catalogue & quality control systems for ISI Marked PVC Fittings /<br />
Outlet Valve, capable of with-standing hydraulic working pressure of 4.00 Kg./cm 2 .<br />
6.00 IDUSTRY’S REGISTRATIO:-<br />
Bidder shall submit copy of firm’s Industry’s registration with D.G.S.& D. /N.S.I.C./Director of<br />
Industries /Small Scale Industries Centers of State/ Govt. of India as original manufacturer of the<br />
ISI Marked PVC Fittings / Valve, duly attested by public notary.<br />
7.00 I<strong>TE</strong>RATIOAL QUALITY ISO SYS<strong>TE</strong>M:<br />
The bidder shall submit a valid ISO 9001-2000 certificate duly certified by Public Notary, issued<br />
by statutory authority certifying firm as original manufacturer of the tendered item or PVC fittings.<br />
8.00 IFORMATIO ABOUT FIRM’S MAUFACTURIG / FIACIAL CAPACITY:-<br />
Bidder shall invariably furnish following information for assessment of their technical/financial<br />
capability to execute supplies of materials covered under this tender failing which their tender is<br />
liable to be rejected.<br />
(i) Annual & Monthly manufacturing capacity.<br />
(ii) Quantity which can be delivered per month.<br />
(iii) Details of pending orders at the time of submitting tenders.<br />
(iv) Annual Turn Over of last three financial years duly certified by the statutory auditors /<br />
Chartered Accountant of the firm.<br />
9.00 <strong>TE</strong>STIG FACILITIES / EQUIPMETS:-<br />
Bidder shall submit complete List of Plant & Machinery , comprising in-house testing facility<br />
available at the works required for pre-dispatch inspection and testing of the tendered item to<br />
ensure conformity of the tests required as per relevant IS and the technical specifications annexed<br />
hereto.<br />
10.00 CHECK LIST:-<br />
Bidder shall submit Annexure “Q” as annexed herewith duly filled in and digitally signed .<br />
11.00 QUALITY ASSURACE SYS<strong>TE</strong>M FOLLOWED AT MAUFACTURER’S WORKS:<br />
11.01 The manufacturer must have a proper and independent set up for quality control with adequate<br />
necessary equipments, facilities and personnel for this purpose, to ensure quality control from<br />
procurement of material to incoming, intermediate and final stage along-with quality control of<br />
raw material / equipments supplied by sub-suppliers.<br />
11.02 Ordered Two Way PVC Outlet Valve are subject to check at any time by purchaser’s<br />
representatives/ representative of inspecting authority deputed by the purchaser. Proper written<br />
record of quality assurance system must, therefore, be kept by the manufacturers.<br />
12.00 B.I.S. LICESE:-<br />
Offer of the bidder who have B.I.S. Certification License for manufacturing PVC Fittings as per IS<br />
7834:1987 or IS 10124:1988 shall only be considered. Bidder must furnish copy of Latest B.I.S.<br />
License for manufacturing ISI marked PVC Fittings conforming to IS 7834:1987 or IS<br />
10124:1988, valid on the date of submission of tender.
45<br />
<strong>13</strong>.00 ELIGIBILITY REQUIREMETS:-<br />
(1) ELIGIBILITY :-<br />
The offer of only those bidder will be considered who have manufactured and sold PVC<br />
Outlet Valve / PVC Fittings Costing Rs 10,00,000.00 ( Rs Ten Lac) to the Govt.<br />
<strong>Department</strong>s / Govt. Undertakings / Public Undertakings during the last 3 financial years<br />
upto the date of opening of bidder. Bidder shall invariably furnish the following<br />
informations / documents in the Technical Part-‘B’ of their tender offer for evaluation of their<br />
eligibility, failing which their tender shall be rejected.<br />
(2) DETAILS OF SUPPLIES MADE TO GOVT. DEPARTMET/ GOVT. UDETAKIG :-<br />
Bidders shall submit the details of such supplies as desired in clause <strong>13</strong>.00 (1), in the format<br />
stipulated in the Annexure A-1 hereinafter, duly certified by their statutory auditor / chartered<br />
accountant along with copies of supply orders and invoices, for assessment of supplies<br />
actually made against the same. However, The bidder who had supplied the PVC Outlet Valve<br />
/ PVC Fittings to UP <strong>Irrigation</strong> department during the last 3 financial years need not submit<br />
the certificates.<br />
(3) PERFORMACE CERTIFICA<strong>TE</strong>S I RESPECT OF SUPPLIES REFERRED ABOVE:-<br />
The bidder shall submit performance certificates of PVC Outlet Valve/ PVC Fittings costing<br />
Rs 5,00,000.00 ( Rs Five Lac ), supplies made to the Govt. <strong>Department</strong>s / Govt. Undertakings /<br />
Public Undertakings as desired in clause <strong>13</strong>.00 (2) above, in successful use for a minimum<br />
period of one year.<br />
However , The bidder who had supplied the PVC Outlet Valve / PVC Fittings<br />
to <strong>Irrigation</strong> department U.P. during the last 3 financial need not submit the performance<br />
certificate as required above. However their performance shall be evaluated at departmental<br />
level on the basis of their performance of the past supplies till the time of evaluation and in the<br />
event of unsatisfactory performance of their past supplies, their Technical Part –B shall<br />
primarily be rejected on this ground alone and no further evaluation of Technical Part –B shall<br />
be done. Such bidders may also please note that their consideration in earlier tender in the<br />
department shall not be a basis of their claim for consideration in the ensuing tender.<br />
14.00 <strong>TE</strong><strong>DER</strong> SAMPLE:-<br />
The Bidder are required to submit one No. sample of Two Way PVC Outlet Valve duly<br />
manufactured as per departmental technical specifications & Drawings annexed with tender<br />
document in the office of the Superintending Engineer, Central Equipment & Stores Procurement<br />
Circle-II, I.D., U.P., Telibagh, Lucknow, to the Junior Engineer nominated to receive the same on<br />
22.09.<strong>2012</strong> during working hours failing which their offer shall be treated as non responsive.<br />
14.01 The Bidders should note that the sample of Two Way PVC Outlet Valve submitted by them will be<br />
inspected and checked as per Technical Specifications and drawing of Two Way PVC Valve Outlet<br />
by the committee of the officer’s constituted for this job which will submit its report regarding<br />
sample. The decision of the committee will be final and binding to all the bidders.<br />
14.02 The Part “C” of only those bidders will be opened whose sample and part “B” are found<br />
responsive as per tender conditions.<br />
14.03 No modification alteration in sample will be allowed later on.
46<br />
14.04 The above sample should be properly packed and sealed.<br />
15.00 GUARA<strong>TE</strong>E OF WORKMASHIP AD MA<strong>TE</strong>RIAL:-<br />
The supplied material shall be guaranteed against defects in material and workmanship under<br />
normal use and service for a period for at least 12 months from the date of supply. If any defect in<br />
respect of design, inferior material, workmanship or quality is noticed during this period, the<br />
material shall be made good by the contractor free of cost within one month positively from the<br />
date of intimation of the defect.<br />
16.00 No deviation from the technical specifications/ conditions shall be acceptable in Technical Part<br />
"B" of the tender offer.<br />
Superintending Engineer<br />
Central Equipment & Stores Procurement Circle–II,<br />
<strong>Irrigation</strong> <strong>Department</strong>, U.P. Lucknow.
47<br />
SECTIO-III(C)-BID/<strong>TE</strong><strong>DER</strong> FORM<br />
(TO-BE SUBMIT<strong>TE</strong>D DULY FILLED WITH <strong>TE</strong>CHNICAL PART “B” OF THE OFFER<br />
IN PDF FORMAT)<br />
e-<strong>TE</strong><strong>DER</strong> <strong>OTICE</strong> O. <strong>TE</strong>-<strong>710</strong>/<strong>2012</strong>-<strong>13</strong><br />
MAUFACTURE & SUPPLY OF TWO-WAY PVC OUTLET VALVE<br />
From,<br />
To,<br />
…………………………………………………………….<br />
…………………………………………………………….<br />
…………………………………………………………….<br />
…………………………………………………………….<br />
(Bidder)<br />
The Superintending Engineer<br />
Central Equipment & Stores Procurement Circle-II,<br />
<strong>Irrigation</strong> <strong>Department</strong>, U.P.,<br />
Lucknow.<br />
Sir,<br />
In reference to your invitation to tender for the above, I/ We hereby offer to the Governor of <strong>Uttar</strong><br />
Pradesh, the item in the schedule annexed or such portion thereof, as you may determine in strict accordance with<br />
the annexed General Conditions Of Contract Form “B”, Special Conditions Of Contract, Technical Specifications,<br />
Form of Agreement for Validity Commitment of Offer and Schedule Of Prices & Quantities to the satisfaction of<br />
the Purchaser or in default thereof to forfeit and pay to the Governor of <strong>Uttar</strong> Pradesh, the sum of money mentioned<br />
in the said conditions.<br />
2. I/We agree to abide by this tender for a period of Four Months from the date fixed for opening of<br />
Commercial Part of tender. The period of validity can be increased, if necessary. In consideration of the<br />
Government having treated the Bidder to be an eligible person whose tender may be considered, the Bidder shall<br />
agree to the condition that the proposal in response to this invitation shall not be withdrawn by the Bidder within<br />
Four Months from the date of opening of Commercial Part of tender, and also to the condition that if thereafter the<br />
Bidder does withdraw his proposal within the said period, the Earnest Money deposited by him be forfeited.<br />
3. A sum of Rs………………………………………...in the form of…………………..(Earnest Money) has<br />
been forwarded to The Superintending Engineer, Central Equipment & Stores Procurement Circle-II, <strong>Irrigation</strong><br />
<strong>Department</strong>, U.P., Lucknow, duly pledged in his favour, the full value of which, if required, may be retained by the<br />
Governor against the Security Deposit specified in clause-2.0 of the Special Conditions Of Contract if my/our<br />
tender is accepted.<br />
4. I/We hereby undertake and agree to execute a contract in the form of Agreement annexed hereto in<br />
accordance with the conditions of contract, if my/our tender is accepted.<br />
5. Further an Agreement for the validity commitment along with this tender form as per annexure overleaf has<br />
been forwarded on the prescribed proforma on General Stamp of Rs.100.00 affixing Rs.1.00 Revenue Stamp<br />
thereon failing which the tender shall be liable for rejection.<br />
Signed this…………………day of…… ……………….<strong>2012</strong>.<br />
Yours faithfully,<br />
(Signature of Bidder in full)<br />
Name………………………...
48<br />
AEXURE"A1"<br />
SECTIO-III(D) SUPPLY OR<strong>DER</strong> STA<strong>TE</strong>MET<br />
DETAILS OF SUPPLIES MADE TO GOVT. DEPARTMETS/GOVT.U<strong>DER</strong>TAKIGS<br />
e-<strong>TE</strong><strong>DER</strong> <strong>OTICE</strong> O. <strong>TE</strong>-<strong>710</strong>/<strong>2012</strong>-<strong>13</strong><br />
Manufacture & Supply of Two-Way PVC Outlet Valve<br />
Sl.<br />
No.<br />
Brief Description of<br />
Two-Way PVC Outlet<br />
Valve<br />
(To-Be Submitted with Technical Part “B” of the Offer Duly Filled In PDF Form)<br />
Name of<br />
Agency<br />
issuing Supply<br />
Order<br />
Supply Order<br />
Nos. & Date<br />
Date of<br />
Delivery<br />
Remarks<br />
1 2 3 4 5 6<br />
Note: Copies of Supply orders and invoices shall be enclosed as a proof of supplies actually made.<br />
(Signature of the bidder along with Seal of Contractor)
49<br />
AEXURE"A2"<br />
SECTIO-III(E) PERFORMACE CERTIFICA<strong>TE</strong><br />
DETAILS OF SUPPLIES MADE TO GOVT. DEPARTMETS/GOVT.U<strong>DER</strong>TAKIGS<br />
e-<strong>TE</strong><strong>DER</strong> <strong>OTICE</strong> O. <strong>TE</strong>-<strong>710</strong>/<strong>2012</strong>-<strong>13</strong><br />
Manufacture & Supply of Two-Way PVC Outlet Valve<br />
S.No.<br />
Brief Description of<br />
Two-Way PVC Outlet<br />
Valve<br />
(To-Be Submitted with Technical Part “B” of the Offer Duly Filled In PDF Form)<br />
Reference of<br />
Supply Order i.e.<br />
No. & Date<br />
against which<br />
Performance<br />
Certificate is<br />
given<br />
Name of Authority<br />
issuing Performance<br />
Certificate<br />
( Clearly mentioning<br />
whether Govt. /<br />
Govt. Undertaking)<br />
Reference of letter<br />
of Performance<br />
Certificate i.e. No.<br />
& Date<br />
1 2 3 4 5<br />
Note: Copies of Performance Certificates corresponding to supplies made as shown in Annexure A-1 shall be<br />
enclosed.<br />
(To be filled and returned with the tender)<br />
(Signature of Bidder)
50<br />
SECTIO-III(F) e-<strong>TE</strong><strong>DER</strong> <strong>OTICE</strong> O. <strong>TE</strong>-<strong>710</strong>/<strong>2012</strong>-<strong>13</strong><br />
Manufacture & Supply of Two-Way PVC Outlet Valve<br />
CHECK – LIST<br />
(MUST BE FILLED BY THE BID<strong>DER</strong>)<br />
Sl.<br />
o.<br />
Ref. of Tender<br />
Conditions<br />
Check in reference to condition given in col.2<br />
Submitted or / ot<br />
Reference Page o.<br />
1 2 3 4<br />
1 Instruction to Bidders Tender offer submitted as per ITB. Submitted / or not<br />
2 Technical Conditions<br />
Clause No. 1.00<br />
3 Technical Conditions<br />
Clause No. 2.00<br />
4 Technical Conditions<br />
Clause No. 3.00<br />
5 Technical Conditions<br />
Clause No. 4.00<br />
6 Technical Conditions<br />
Clause No. 6.00<br />
7 Technical Conditions<br />
Clause No. 7.00<br />
8 Technical Conditions<br />
Clause No. 5.00 &<br />
9.00<br />
9 Technical Conditions<br />
Clause No. 8.00<br />
10 Technical conditions<br />
Clause No. 11.00<br />
11 Technical conditions<br />
Clause No.12.00<br />
12 Technical conditions<br />
Clause No. <strong>13</strong>.00<br />
<strong>13</strong> Special Conditions of<br />
Contract Clause No.<br />
33.00<br />
Tender documents duly digitally signed.<br />
Power of attorney.<br />
Bid Form. Duly filled & signed.<br />
Agreement for validity commitment in prescribed proforma.<br />
Information regarding Industry’s Registration in the manner as mentioned<br />
here in under.<br />
Name of institution registering the firm as original manufacturer<br />
Registration no.<br />
Validity of registration<br />
Item for which firm is registered<br />
Location of their unit indicating the state<br />
Firm’s ISO:9001-2000 certificate validity<br />
Technical Literature incorporating following information :-<br />
(i) Data / Specifications<br />
(ii) Design / Drawing<br />
(iii) Catalogue<br />
(iv) Quality Control System<br />
(v) List of Plant Machineries and test equipments.<br />
Information :-<br />
(i) Annual & Monthly manufacturing capacity.<br />
(ii) Quantity which can be delivered per month.<br />
(iii)<br />
(iv)<br />
Details of pending orders at the time of submitting tenders.<br />
Annual Turn Over of last financial years duly certified by the<br />
statutory auditors / Chartered Accountant of the firm.<br />
Complete details of Quality Assurance System.<br />
Copy of Latest B.I.S. License for manufacturing PVC Fittings as<br />
per IS: 7834-1987 or IS: 10124-1988, comprising validity period<br />
as desired.<br />
(1) DETAILS OF SUPPLIES MADE TO GOVERNMENT DEPARTMENTS/<br />
GOVERNMENT UN<strong>DER</strong>TAKINGS FOR BEING ELIGIBLE FOR CONSI<strong>DER</strong>ATION IN<br />
THE ENSUING <strong>TE</strong>N<strong>DER</strong>.<br />
(2) PERFORMANCE CERTIFICA<strong>TE</strong>S IN RESPECT OF SUPPLIES REFERED ABOVE<br />
ALONG WITH COPIES OF SUPPLY OR<strong>DER</strong> AND INVOICES.<br />
Sales Tax/ VAT Clearance Certificate issued within 364 days prior<br />
to opening of tender, duly signed, by the Officer.<br />
Yes/No<br />
Submitted / or not<br />
Submitted / or not<br />
Submitted / or not<br />
.......................<br />
........................<br />
........................<br />
........................<br />
Submitted / or not<br />
Valid up-to............<br />
Submitted / or not<br />
.......................<br />
.......................<br />
.......................<br />
.......................<br />
Submitted / or not<br />
Submitted / or not<br />
Submitted/ or not alongwith<br />
Supply Order,<br />
Invoices and Performance<br />
certificate<br />
Submitted / or not<br />
(Signature of Bidder)
51<br />
AEXURE “VC”<br />
SECTIO-III(G) FORM OF AGREEMET FOR VALIDITY COMMITMET<br />
e-<strong>TE</strong><strong>DER</strong> <strong>OTICE</strong> O. <strong>TE</strong>-<strong>710</strong>/<strong>2012</strong>-<strong>13</strong><br />
Manufacture & Supply of Two-Way PVC Outlet Valve<br />
e-Tender Notice No. & Date<br />
……………………………………………………………………………………………………………...<br />
Name of Bidders<br />
………………………………………………………………………………………………………………<br />
……………………………………………………………………………………………………………….<br />
………………………………………………………………………………………………………………<br />
………………………………………………………………………………………………………….……<br />
In Consideration of the Government Of <strong>Uttar</strong> Pradesh having treated the Bidder to be an eligible<br />
person whose Bid may be considered, the Bidder hereby agrees to the condition that the proposal in<br />
response to the above invitation shall not be withdrawn within four months from the date of opening of<br />
Commercial Part of tender, also to the condition that if thereafter, the Bidder does withdraw his proposal<br />
within the said period, Earnest Money deposited by him may be forfeited.<br />
Signed this………………day of ……………………<strong>2012</strong>.<br />
Signed By<br />
(Witnesses)<br />
Signed By<br />
(Bidder)<br />
1………………………………………<br />
………………………….<br />
2………………………………………<br />
Name………………….<br />
ote: The above Agreement is to be submitted on Rs.100.00 General Stamp Paper affixing Rs.1.00<br />
Revenue Stamp thereupon.
52<br />
Schedule “A”<br />
SECTIO-IV(A)-SCHEDULE OF PRICES & QUATITIES/BOQ<br />
e-<strong>TE</strong><strong>DER</strong> <strong>OTICE</strong> O. <strong>TE</strong>-<strong>710</strong>/<strong>2012</strong>-<strong>13</strong><br />
Manufacture & Supply of Two-Way PVC Outlet Valve<br />
ame of the Firm :<br />
(To be filled in XLS Format)<br />
Sl.<br />
No<br />
Tendered Item<br />
Qty.<br />
Required<br />
Ex-<br />
Works<br />
Prices<br />
(Rs./mtr)<br />
Excise<br />
Duty<br />
with<br />
Edu.<br />
Cess<br />
(Rs./<br />
mtr)<br />
CST /<br />
VAT<br />
(Rs./ mtr)<br />
Packing,<br />
Forwarding,<br />
Transit<br />
Insurance &<br />
Freight<br />
Charges Upto<br />
destination<br />
any where in<br />
U.P. (Rs./<br />
mtr)<br />
Total Landed FOR<br />
Destination<br />
Prices(4+5+6+7)<br />
inclusive of Ex-<br />
Works Prices with<br />
Excise Duty,<br />
Education Cess,<br />
CST/ VAT, Packing<br />
& Forwarding,<br />
Freight Charges and<br />
Transit Insurance etc<br />
(Rs./ mtr)<br />
1 2 3 4 5 6 7 8<br />
1. Manufacture &<br />
Supply of Two Way<br />
PVC Outlet Valve<br />
suitable for 160mm.<br />
diameter PVC Pipe<br />
line as per Drawing<br />
& Technical<br />
Specifications<br />
stipulated in<br />
Tender Document.<br />
10000<br />
os.<br />
Any statutory tax other than mentioned above…………………………………….<br />
Prompt Payment Discount…………………………………………………………..<br />
Discount other than Prompt Payment Discount, if any…………………………...<br />
Note : 1- F.O.R. Destination prices shall be calculated for evaluation purpose taking into account of the<br />
component noted in column 4,5,6 & 7 and the purchase shall be decided on the basis of total<br />
landed F.O.R. destination prices as mentioned in Column 8 .<br />
2- Excise Duty will be admissible on only those items for which bidder are original manufacturer.<br />
(Signature of the Bidder)
53<br />
SECTIO-IV(B)- FORM OF AGREEMET<br />
(TO-BE SUBMIT<strong>TE</strong>D DULY FILLED WITH <strong>TE</strong>CHNICAL PART “B” OF THE OFFER IN PDF FORMAT)<br />
e-<strong>TE</strong><strong>DER</strong> <strong>OTICE</strong> O. <strong>TE</strong>-<strong>710</strong>/<strong>2012</strong>-<strong>13</strong><br />
Manufacture & Supply of Two-Way PVC Outlet Valve<br />
This Agreement made on the……………….……day of……. ……………………..…….<br />
2011 between …………………………………………… (Hereinafter referred to as “The Contractor”) of<br />
the one part and the Governor of <strong>Uttar</strong> Pradesh (hereinafter called “The Purchaser”) of the other part.<br />
Whereas, the Purchaser requires the material mentioned and a specified in the General<br />
Conditions Of Contract Form “B”, Special Conditions Of Contract, Detailed Technical Specifications,<br />
Schedule Of Prices & Quantities including Delivery, Form Of Tender, Covering Letter and Letter Of<br />
Acceptance Of Tender which for the purposes of identification have been signed by Sri………………. on<br />
behalf the Contractor and Superintending Engineer, Central Equipment & Stores Procurement Circle-II,<br />
<strong>Irrigation</strong> <strong>Department</strong>, U. P., Lucknow on behalf of the Purchaser, all of which are deemed to form the<br />
part of this Contract as though separately set out herein and are included in the expression “Contract”<br />
wherever herein used.<br />
And whereas, the Purchaser has accepted the tender of the Contractor for the supply and<br />
delivery of the said material for the sum of Rs……………………<br />
(Rs………………………………………...) upon the terms and subject to the conditions hereinafter<br />
mentioned.<br />
And now these present witness and the parties herein hereby agree and declare as follows, that<br />
is to say in consideration of the payment to be made to the Contractor by the Purchaser as hereinafter<br />
mentioned the Contractor shall duly provide the said material for the said works on the terms and<br />
conditions mentioned in the Contract.<br />
And in consideration of the due provisions of the material received by the Purchaser and due<br />
performance on his part of the Contract, the Purchaser does hereby for himself, his successor or assignees<br />
covenant with the Contractor that he, the Purchaser, his successor or assignees, will pay to the<br />
Contractor the sum of Rs…………………….or such other sums as may become payable to the Contractor<br />
under the provisions of this Contract and such payments to be made at such time and in such manner as is<br />
provided by this Contract.<br />
In witness whereof the parties hereto have signed this deed hereunder on the dates respectively<br />
mentioned against the signature of each.<br />
Place: Lucknow<br />
Signed By<br />
(For & On Behalf of the Contractor)
54<br />
SECTIO-V(A)<br />
AEXURE : EM<br />
FOR EAREST MOEY<br />
FORM OF BAK GUARA<strong>TE</strong>E BOD<br />
PRESCRIBED VIDE G.O.O.A-1-5256/X-15(1)-1962,DA<strong>TE</strong>D 5.12.63<br />
(Applicable to the State Bank of India and other Scheduled Bank for guarantees without deposit of<br />
securities upto prescribed limit).<br />
To,<br />
The Superintending Engineer,<br />
Central Equipment & Stores Procurement Circle-II,<br />
<strong>Irrigation</strong> <strong>Department</strong>, U.P.,<br />
Lucknow.<br />
(For the Governor of <strong>Uttar</strong> Pradesh)<br />
Sir,<br />
Whereas M/s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a company<br />
incorporated under the Indian Companies Act having its registered office at . . . . . . . . . . . . . . . . . . . . ./ a<br />
firm registered under the Indian Partnership Act and having its business office at . . . . . . . . . . . . . . . . . . . .<br />
. . . . . . . . . . . . . . . .Sri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Son of . . . . . . . . . . . . . . . . . . . .<br />
. . . . . . . . . . . . . . . . . . . . . resident of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<br />
. . . . . . . . . . . . . . . . . carrying on business under the firm’s name and style of M/s . . . . . . . . . . . . . . . . . . . .<br />
. . . . . . . . . . . . . . . . . . . . .at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sri . . . . . . . . . . . . . . . .<br />
. . . . . . . . . . . . . . . . . . . . . . . . .Son of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . resident of . . . . . . . . . . . . .<br />
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . Sri. . . . . . . . . . . . . . . . . . . . . . . . .<br />
. . . . . . . . . . . . . . . .Son of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . resident of . . . . . . . . . . . . . . . . . . . . . .<br />
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Partners carrying on business under the firm’s<br />
name and style of M/s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<br />
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<br />
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<br />
. . . . . . . . . . . . . . . . .which is an unregistered partnership firm (hereinafter called the Bidder) has/have in<br />
response to your tender notice against e-Tender Enquiry o. <strong>TE</strong>-<strong>710</strong>/<strong>2012</strong>-20<strong>13</strong> for supply the of Two-<br />
Way PVC Outlet Valve offered to supply and execute the works as contained in the offer<br />
submitted/intended to submitted by Bidder letter No. . . . . . . . . . . . . . . . . . . . . . . . dated . . . . . . . . . . . .<br />
And whereas the Bidder is required to furnish a Bank Guarantee for the sum of Rs. . . . . . . . . as<br />
Earnest Money against the Bidder offer as aforesaid, duly pledged for payment in the name of<br />
Superintending Engineer, Central Equipment & Stores Procurement Circle-II, <strong>Irrigation</strong> <strong>Department</strong>, U.P.,<br />
Lucknow.<br />
And whereas we . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .(Name of the Bank)<br />
have at the request of the Bidder agreed to give you this Guarantee as hereinafter contained.
55<br />
Now therefore, in consideration of the promises we, the undersigned hereby covenant that, subject<br />
to Clause (C), below the aforesaid tender of the bidder shall remain open for acceptance by you during the<br />
period of validity as mentioned in the tender or any extension thereof as you and the bidder may<br />
subsequently agree and if the bidder shall for any reason back out, whether expressly or impliedly, from<br />
his said tender during the period of its validity or any extension thereof as aforesaid, we hereby guarantee<br />
to you the payment of the sum of Rs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .on demand notwithstanding<br />
the existence of any dispute between the Governor and the bidder in this regard and we hereby further<br />
agree as follows :-<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
That you may, subject to Clause (c), below without affecting his guarantee extend the period of<br />
validity of the said tender or grant other indulgence to or negotiate further with the tenderer in<br />
regard to the conditions contained in the said tender and thereby modify those conditions or and<br />
thereto any further conditions as may be mutually agreed upon between you and the bidder.<br />
That the guarantee herein before contained shall not be affected by any change in the constitution<br />
of our Bank or in the constitution of the bidder.<br />
That this guarantee shall commence from the date hereof and shall remain in force till the bidder, if<br />
his tender is accepted by you, furnishes the security as required under the specifications and<br />
executes a formal agreement as therein provided or till the expiry of . . . . . . . . . . . . . . . . . . . . . . . . .<br />
. . . . . . . . . . . . .from the date hereof, whichever is earlier, the period of the validity of the<br />
guarantee may be extended for further period, if mutually agreed upon between you and ourselves.<br />
That the expression the bidder’ and ‘the Bank’ and ‘Governor of <strong>Uttar</strong> Pradesh’ herein used shall,<br />
unless an interpretation is repugnant to the subject or context, include their representatives,<br />
successors and/or assigns.<br />
Yours faithfully,<br />
Dated. . . . . . . . . . day of . . . . . . . . . .(Indicate the name of Bank)
56<br />
SECTIO-V(B)<br />
AEXURE: PS<br />
FOR PERFORMACE SECURITY<br />
FORM OF BAK GUARA<strong>TE</strong>E BOD<br />
In consideration for the Governor of <strong>Uttar</strong> Pradesh (hereinafter called “The Government”) having<br />
agreed to exempt.<br />
(hereinafter called “the said Contractor(s)”) from the demand, under the terms and conditions of any<br />
Agreement dated_________________made between _____________________and ______________<br />
(hereinafter called the said “Agreement”), of security deposit for the due fulfillment by the said<br />
Contractor(s) of the terms and conditions contained in the said Agreement, on production of Bank<br />
Guarantee for Rs.___________________(Rupees____________________________________only)<br />
we,________________________________(hereinafter referred to as “the bank”) at (indicate the name of<br />
the bank) the request of ______________________________/Contractor(s)/do hereby undertake to pay to<br />
the Government an amount not exceeding Rs._____________________________against any loss or<br />
damage caused to or suffered or would be caused to or suffered by the Government by reason of any<br />
breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement.<br />
2. We________________________ (indicate the name of Bank) do hereby undertake to pay the<br />
amount due and payable under this guarantee without any demur, merely on a demand from the<br />
Government stating that the amount claimed is due by way of loss or damage caused to or would be<br />
caused to or suffered by the Government by reason of breach by the said contractor(s) of any of the terms<br />
and conditions contained in the said Agreement or by reason of the contractor(s) failure to perform the<br />
said Agreement . Any such demand made on the bank shall be conclusive as regards the amount due and<br />
payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to<br />
an amount not exceeding Rs._____________________________________.<br />
3. We undertake to pay to the Government any money so demanded notwithstanding any dispute or<br />
disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any court or<br />
Tribunal relating there to our liability under this present being absolute and unequivocal.<br />
The payment so made by us under this bond shall be a valid discharge of our liability for payment<br />
thereunder and the contractor(s)/supplier(s) shall have no claim against us for making such payment .<br />
4. We______________________________(indicate the name of bank) further agree that the<br />
guarantee herein shall remain in full force and effect during the period that would be taken for the<br />
performance of the said Agreement and that it shall continue to be enforceable till all the dues of the<br />
Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or<br />
discharged or filed_____________________________________Office/<strong>Department</strong>_______________<br />
___________________________________certificate that the terms and conditions of the said Agreement,<br />
have been fully and properly carried out by the said Contractor(s) and accordingly discharges this<br />
guarantee. Unless a demand or claim under this guarantee is made on us in writhing on/before the<br />
_________________________________________ we shall be discharged from all liability under this<br />
guarantee thereafter.
57<br />
5. We_____________________________(indicate the name of bank) further agree with the<br />
Government that the Government shall have the fullest liberty without our consent and without affecting<br />
in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or<br />
to extend time of performance by the said contractor(s) from time to time or to postpone for anytime or<br />
from time to time any of the powers exercisable by the Government against the said Contractor(s) and to<br />
forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be<br />
relieved from our liability by reason of any such variation or extension being granted to the<br />
said Contractor(s) or for any forbearance, act or omission on the part of the Government or any indulgence<br />
by the Government of <strong>Uttar</strong> Pradesh to the said Contractor(s) or by any such matter or this whatsoever<br />
which under the law relating to sureties would but for this provision, have effect of so relieving us.<br />
6. We ___________________________________(indicate the name of bank) lastly undertake not to<br />
revoke this guarantee during its currency except with the previous consent of the Government in writhing.<br />
Dated the _______________________day of ___________________________<br />
For _____________________________________________________________<br />
(Indicate the name of bank)