FILM AND TELEVISION INSTITUTE OF
 |
SHORT TENDER DOCUMENT
Tender No. : FTII / Plan /Adv-03 /2009-10 Dated 9th July, 2009
For
Construction of Cubicals and Technical
Tables
Price of Tender Copy: Rs. 500/- (Rupees
Five Hundred Only)
Telephone : 25432299, 25431817, Fax No. :
91-020-25430416
Exchange : 25430363, 25430017 (Ext.210/232) E-mail : purhcase@ftiindia.com
Purchase Officer : 25431366
FILM & TELEVISION INSTITUTE OF
To,
M/s.
I N V I T A T I O N T O B I D
On behalf of the Director, Film and Television Institute of India, Law College Road, Pune - 411 004, sealed tenders are invited by this Organization in the prescribed Bid forms at Appendices, 2 to 57 of "Instructions to Bidder" enclosed at Annexure-I. The details of the Tender are given in the schedule below :
1.
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Tender No & Date
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:
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FTII / Plan /Adv-03 /2009-10
Dated 9th July, 2009
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2.
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Issue of Tender Forms
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:
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From 9th July, 2009 to 24th July, 2009
between 10.30 a.m. And 5.00 p.m.
on all working days.
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3.
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Due Date (Closing Date) & Hours (Last Date of Receipt
of Tenders
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25th July, 2009 upto 12.00 noon
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4.
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Opening of Tenders
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:
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25th July, 2009 at 03.00 p.m.
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5.
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Description of Stores and Quantity
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:
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As per Annexure -
IV
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6.
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Delivery period
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:
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7.
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Tender Fees
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i)
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Foreign Bidder
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:
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ii)
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Indian Bidder
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:
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Rs.500-00 (Non-Refundable)
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8.
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Bid Bond (Bank Guarantee)/Earnest Money
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:
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i)
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Foreign Bidder
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:
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ii)
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Indian Bidder
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:
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2% of bidder's quoted value.
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9.
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i)
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Bid Bond
Validity upto
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:
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60 (Sixty) days beyond Bid validity.
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ii)
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Bid Validity upto
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:
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120 (One Hundred & Twenty) days from the date of opening of Technical Bid.
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10.
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Warranty
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:
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Required as per
Appendix to Annexure-II (General Terms and Conditions).
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11.
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Performance Bank Guarantee/Security Deposit
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:
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Required as per Appendix
Annexure-II (General Terms and
Conditions).
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i)
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Amount
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:
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a) 5% of the cost of awarded purchase order
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ii)
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Validity
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:
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60 (Sixty) days from the date of expiry of Warranty /
Guarantee.
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P.T.O.
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12.
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Correspondence Address
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:
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Purchase Officer,
Film Television Institute
of
Pune 411004
Phone No.: (020) 25431366,
Fax : (020) 25430416
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13.
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Paying Authority
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:
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Film &
Television Institute of
Pune
411 004
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The tender will be governed by the "Instructions
to the Bidders" as per Annexure-I; "General Terms and
Conditions" placed at Annexure-II; and Technical Specifications" at
Annexure-IV. The contract will also be
governed by the conditions set out in DGS&D 68 (Revised) relating to
conditions applicable to the contract placed by the Central Purchase
Organisation of the Government of India and DGS&D-229 relating to special
conditions for imported stores, as amended upto date in so far as they are
applicable and not inconsistent with the conditions mentioned in the tender
document. Deviation Exceptions to the
clauses, if any, should be explicitly recorded seriatim as a separate Annexure
(Appendix 5 to Annexure-I) to your offer, failing which all the clauses shall
be deemed to have been accepted by you.
Two Bid Systems shall be followed for this
tender. Tenderers should take due care
to submit tenders in accordance with requirement in sealed covers as specified
in clause 2 of "instructions to Bidders" (Annexure - I). Bid evaluation criteria at Annexure-III shall
be the basis for evaluation of tenders.
Date : PURCHASE OFFICER
For DIRECTOR,
F.T.I.I.,
Pune 411 004.
LIST
OF ANNEXURES
Annexure - I : INSTRUCTIONS TO BIDDERS
Appendix 1 : Bid Documents Acknowledgment Form
Appendix 2 : Bid Submission Form and Agreement
Appendix 3 : Bid Bond Bank guarantee Proforma
Appendix 4 : Check List
Appendix 5 : Exception/Deviations Proforma
Appendix 6 : Past Supplies Proforma
Appendix 7 : Bidders Information Proforma
Appendix 8 : Schedule of Rates
Appendix 9 : Authorization Letter for attending tender
opening
Annexure - II : GENERAL TERMS AND CONDITIONS
(GTC)
Appendix to Annexure-II : Proforma for Bank Guarantee for
Performance Bond
Annexure - III : BID EVALUATION CRITERIA
Annexure - IV : DESCRIPTION OF STORES AND TECHNICAL
SPECIFICATIONS &
ADDITIONAL TERMS & CONDTIONS
ANNEXURE - I
INSTRUCTIONS TO BIDDERS
(Please sign each page of these conditions and send
it with your offer)
1. PREPARATION
OF TENDER
1.1 Bid
shall be submitted in the prescribed proforma as per Appendices 2 to 8. The Bid duly filled in and signed should be
returned intact whether you are quoting for any item or not. When items are not being tendered for, the
corresponding space should be defaced by some such words as "Not
Quoting".
1.2 In the
event of the space on the Bid being insufficient for the required purpose,
additional pages may be added. Each such
additional page must be numbered consecutively, showing the Tender Number and
duly signed. In such cases, reference to
the additional page must be made in the tender form.
1.3 The
Bid referred to above, if not returned or if returned but not duly filled-in,
will be liable to result in rejection of the tender.
1.4 Bidders
are advised in their own interest to ensure that all the points brought out in
the check list enclosed at Appendix 4 are complied with in their offer failing
which the offer is liable to be rejected.
1.5 The
Bids can only be submitted in the name of the bidder in whose name the bid
documents were issued. The tender papers
filled-in and completed in all respects, shall be submitted together with
requisite information and Annexures. It
shall be complete and free from ambiguity, change or interlineations.
1.6 The
bidder's tender and any annotations or accompanying documentation shall be in
English language.
1.7 Bidders
should indicate at the time of quoting against this tender their full postal
and telegraphic/telex/E-Mail addresses and also similar information in respect
of their authorized agent(s) in
1.8 Bidders
shall sign their proposal with the exact name of the firm to whom the contract
is to be issued. The tender shall be
duly signed and sealed by an executive officer of the bidder's organisation.
1.9 Each
tender shall be signed by a duly authorised officer and the same shall be
sealed with the seal or otherwise appropriately executed under seal.
1.10 Bidder
shall clearly indicate their legal constitution and the person signing the
tender shall state his capacity and also source of his ability to bind the
bidder.
1.11 The
power of attorney or authorization, or any other document consisting of
adequate proof of the ability of the signatory to bind the bidder, shall be
annexed to the tender. This organisation
may reject outright any tender unsupported by the adequate proof of the
signatory's authority. In the case of
consortium the Indian leader can submit bids on behalf of consortium along with
Memorandum of Understanding (MOU) giving the details of MOU.
OR
The other members can participate in technical
discussions and sign the minutes of such discussions. In the event said work having to be performed
by a person/firm who is not member of the said consortium, the tenderer shall
also specifically indicate the details name and address of such person/firm and
shall be accompanied by valid proof of authority drawn in favour of consortium
to bind such person/firm.
1.12 It
must be ensured that each page of the tender including terms and conditions and
Bid Evaluation Criteria (Annexures - I, II and III) are signed by bidder and
returned to this office along with offer.
2. DELIVERY
OF TENDER
2.1 The
tender will be on the basis of "Two bid system" and offers are to be
submitted in duplicate sealed covers. The first inner sealed cover will contain "Technical Bids" and
having all details including the list of equipment to be supplied but with
price column blanked out. There will be
no mention of price anywhere in the "Technical Bid" and Earnest Money
Bid Bond will also be sent in above first inner cover. This cover will clearly be superscripted with
"Technical Bid" along with tender number and item description. The second sealed inner-cover will contain
the price schedule duly filled in and signed and contain all the commercial
details of the bid and will be clearly superscribed with "Commercial
Bid" along with tender number. These two covers shall be put into an outer cover and sealed. The outer cover should duly bear the tender
number and date of closing/opening prominently underlined alongwith the address
of this office.
If on the basis of technical evaluation,
clarification is sought, the bidder, if considers it necessary to change the
prices quoted by him, the revised bids in respect of all the items would be
sent by the bidder in a sealed cover clearly superscribed as "Revised
Commercial Bid" which will be opened at the same time as the original
commercial bid and only revised commercial bid will be taken into account for
the BID Evaluation.
All GTC attached with the invitation to tender are
sacrosanct for considering any offer as a complete offer. It is therefore, important that all documents
duly completed and signed are returned with your offer.
2.2 The
right to ignore any offer which fails to comply with the above instructions is
reserved. Only one tender should be
included in one cover.
2.3 Your
offer must reach this office not later than 1500 Hours on the notified date of
closing of the tender. Offers sent by
hand delivery should be put in the tender Box at this office not later than
1500 hours on the specified date. All
out-station tenders, if sent by post, should be sent under registered cover.
2.4 Any
change in quotation after opening of tender WILL NOT BE CONSIDERED.
2.5 This
organisation will not be responsible for the loss of tender form or for the
delay in postal transit.
2.6 Tenderer
is advised in his own interest to ensure that his offer reaches this office
well before the closing date and time of the tender as the offers received
after the closing date and time of the tender will not be considered.
2.7
TELEX/TELEGRAPHIC/TELEFAX/E-MAIL
offers, whether received directly by this organisation or submitted by the
local agents in
3. VAGUE
AND INDEFINITE EXPRESSION
Tenders qualified by vague and indefinite expressions
or conditional offers such as "Subject to immediate acceptance" or
"Subject to prior sale" etc. will not be considered.
4. VALIDITY
PERIOD OF OFFER
4.1 The
tender shall be valid for acceptance for the period as indicated in the
"Invitation to Bid" (hereinafter referred to as validity period) and
shall not be withdrawn on or after the opening of tenders till the expiration
of the validity period or any extension thereof.
The offers of these suppliers who have not kept the
validity open till the period stipulated in the tender will be treated as
un-responsive and will be ignored without making any back reference.
4.2 The
tenderer will undertake not to vary/modify the tender during the validity
period or any extension thereof.
5. OPENING
OF TENDERS
5.1
The tender will
be opened at 1500 hours on the date of opening indicated in the
"Invitation to bid". The
tenderer or his authorised representative may be present at the time of opening
of tender on the specified date, but a letter in the form annexed as Appendix-9
hereto must be forwarded to this office along with tender document and a copy
of this letter must be produced in the office by the person attending the
opening of tender. Unless this letter is
presented by him, he may not be allowed to attend the opening of tender.
5.2 In
case of unscheduled holiday on the closing/opening day of tender, the next
working day will be treated as scheduled prescribed day of closing/opening of
tender, the time notified remaining the same.
6. PRICE
6.1
The price quoted
must be net for per unit and must include all packing and delivery charges.
6.2
BC SELLING RATE
on the date of price bid opening will be applicable for comparison and
evaluation of bids.
6.3
The tender must
quote the following prices and information :-
6.3.1 Firm FOB/FAS rate stating the
6.3.2 Firm
C&F/CIF as required in the price stating freight and insurance
separately. The insurance and freight
structure must be based on the rate applicable for SIT-INDIA (IATA) and
National Insurance Companies of Government of India.
6.3.3. Gross
weight and column of each item. If
volume & weight of consignment and freight and insurance charges are not
quoted separately, then 5% will be loaded in their FOB Cost for calculating CIF
prices for the purpose of Commercial evaluation and an additional 5% of CIF
will be loaded in the FOB quotes as Inland Handling clearance charges for an
equitable comparison of FOB offers vis-a-vis FOR destination quotes.
6.4 FOB/C
& F/CIF AND EX.WORKS prices should be exclusive of Indian Agent's
commission, if any, which should be shown as a separate item in Indian
Rupees. The Indian Agent's commission
will be paid in non-convertible Indian currency.
6.5 The
suppliers are requested to quote their firm prices. Any change or modification to the offer after
opening of the tender will not be considered at all. Further, post tender negotiations are also
banned except in the case of negotiations with L-I (i.e., Lowest Tenderer).
6.6 Any
offer not indicating firm FOB prices shall not be considered. This Organisation reserves the right to place
the order either on FOB or C&F/CIF basis.
6.7 The
terms for prices under FILO and FISLO will not be acceptable.
6.8 FOR
DOMESTIC BIDDERS
6.8.1 In the
case of consortium led by Indian bidder, the Indian bidder can submit bid on
behalf of the consortium along with Memorandum of Understanding (MOU) giving
the details of MOU. The other members
can participate in technical discussions and sign the minutes of such
discussions.
6.8.2 The
Indian Bidder is free to quote firm price fully in Indian currency or in
foreign currency to the extent of imported component of the supplies to be
effected. For the purpose of comparative
evaluation, the quoted foreign exchange component will be converted into rupees
at the BC selling rate prevailing on the date of opening of price bid. The commercial comparison will be made FOR
Destination basis taking into account the insurance, freight Customs Duty and
internal handling charges based on formulae mentioned in para 6.3 (iii). For supplies made within contractual delivery
schedule, the payment to the extent of foreign exchange remitted, not exceeding
the foreign exchange component specified in the supply order contract, shall be
made in equivalent Indian Rupees at the BC selling rate of exchange prevailing
on the date of actual payment for the imported supplies based on the proof of
such remittance, by the supplier.
6.8.2.1 In the
case of delay in supplies beyond the contractual delivery schedule, the decrease in value of
foreign currency vis-a-vis Indian Rupees during the delay periods of supply
order will be availed by this Organisation. However, in case of increase in the value of foreign currency vis-a-vis
Indian Rupees during the delayed period, the foreign exchange component shall
be paid at the BC selling rate prevailing on the original delivery date as per
the supply order/contract.
6.8.3 Indian
bidders should quote net price after taking into account the price factors referred
to in para 6.8.2.
6.8.4 Indian
bidders should have applied for Government's clearance for Joint
Venture/collaboration with reputed foreign manufacturer at the time of unpriced
bids. Proof of Government's clearance
should be submitted prior to the date notified for opening of Priced bids
failing which offer will be ignored.
6.8.5
Repeat orders :
The bidder/tenderer is advised to quote rates keeping
in mind that repeat order can also be placed upto 50% of the original quantity
of any item(s) on the same terms and conditions as stipulated in the original
supply order during the validity of this order, or within six months of
original supply order, whichever is later. It will be obligatory on the part of the supplier to execute such repeat
order (s) also.
6.8.6
Capital items
& Spates thereof :
The bidders, while quoting for equipment will quote
item-wise, separately for spares along with price for initial lot of spares for
operation of the equipment for one/twos. Incomplete offers/non-inclusion of details in respect of spares, as
stated above, will lead to rejection of the offer without any back reference in
the matter.
6.8.7
Payment of
excise duty and sales tax (on ultimate products) and customs duty (For Indian
Bidders)
6.8.7.1 Payment
of excise duty and sales tax (on ultimate products) and customs duty, as
applicable on the closing date of tender will be to supplier's/contractor's
account. In the case of "Two
Bid" system where revised price bids are permitted after technical
discussions, payment of these charges as applicable on closing day or revised
price bids, will be to supplier's/contractor's account. Any statutory variation (both plus and minus)
in the rate of excise duty/sales tax/customs duty after closing date of
tender/revised price bid but before the expiry of the contractual
delivery/completion period along with price of initial lot of spares will be to
the account of this Organisation.
6.8.7.2 The
bidder(s) will indicate in their bid the amount with exact rate of customs duty
and the applicable item of Custom tariff under which it is covered. Similarly, the amount of Excise and Sales Tax
on ultimate finished products, as applicable at tendering stage will be shown
separately in the bid. In case the above
information subsequently proves wrong, incorrect or misleading (a) this
Organisation will have no liability to reimburse the excess in the difference
in rates of the item under which the duty/tax assessed finally (b) this
Organisation will have the right to recover the difference in case the rate of
duty/tax finally assessed is on the lower side.
6.8.7.3 Any increase in excise duty,
Sales tax/customs duty during extended period of the contract/supply order will
be to supplier's/contractor's account where such an extension in delivery of
the materials/completion of the project was on the request of
supplier/contractor. However, the
decrease in excise duty/sales tax/customs duty during extended period of the
contract/supply order will be to the account of this Organisation.
7. Trade/Volume
discount
Bidders will not indicate separate discount. Discount, if any, should be merged in the
rates against the quoted item(s). Discount of any type indicated separately will not be taken into account
for evaluation purposes.
8.
Eligibility
Criteria
Bids should be from actual manufacturers. Bid from sole selling agents/authorised
distributors/authorised dealers can also be considered provided such bids are
accompanied with necessary supporting documents/authority letter from concerned
actual manufacturer who authorised them to market their product, provided,
further, such an authority letter is valid at the time of bidding. Required warranty cover of the manufacturer
for the product will be provided by such a supplier. Public sector/undertakings
manufacturing/proposing to manufacture the items indigenously and in
collaboration with foreign manufacturer can also participate in the bid. In the case of consortium, the Indian leader
can submit bid on behalf of the consortium.
9. Purchase
preference for Product of Public Enterprises
This Organisation reserves its right to allow to the
public enterprises, purchase preference facilities as admissible under the
existing policy of the Government of India and not to accept the lowest rate
quoted by the tenderer.
10. Scope
of Supply
The delivery of the stores is required as stated in
Invitation to Bid on terms specified in clause 2 of General Terms and
Conditions at Annexure-II. Any deviation
must be clearly mentioned.
11.
Samples
11.1
Samples are not
required unless specifically called for. When called for, each sample should have a card affixed with it and
indicating :-
(a)
Tenderer's name
and address
(b)
Tender No.
(c)
Date of opening
of tender.
(d)
Item No. against
which tendered.
(e)
Any other
description/
11.2
The sample when
called for should be sent to the purchasing authority along with the
offer. The cost and freight of sending
the samples shall be borne by the tenderer and there will be no obligation on
the part of receiving officer for their safe custody. Samples received late are liable to be
ignored. If the samples are sent by
Railway parcel, the Railway Receipt (RR) should be posted separately to the
addressee to which the samples are sent (under covering letter giving the
particulars of tender number and due date) well in advance to enable the addressee
to get the parcel released before the date of opening of the tender. The RR should not be sent along with the
offer. Sample submitted with the tenders which have not been accepted, will, if
have not been destroyed during testing, be delivered at your cost provided the
application for return is made to the officer to whom the samples are sent
within one month of the date fixed for the opening of tender or after
modification/cancellation of demand. This organisation will not be liable for loss, damage or breakage in
respect of samples. If no application is
received within the due date, samples will be disposed of by public auction and
the sale proceeds credited to this Organisation.
12.
Consideration of
offer in full or in part
This Organisation may reject/accept or prefer any
tender without having to assign any reason whatsoever. This Organisation also reserves to itself the
right to accept any tender in part or split the order between two or more
bidders. Tenderers are at liberty to
quote separate rates for the whole quantity as well as reduced quantity.
13. Acceptance
of offer by Telegram/Fax
Acceptance by the Purchaser may be normally
communicated by Telegram/Fax. In case
where acceptance is communicated by Telegram/ Fax, the regular order will be
forwarded as soon as possible but the instructions contained in the
Telegram/Fax should be acted upon immediately. With the issue of Telegram/Fax of acceptance, the contract shall be
deemed to have concluded.Contract shall mean and include the invitation to tender/instructions
to tenderers, tender, acceptance of tender, supply orders particulars and the
general and special conditions specified in the acceptance of tender.
14. Specifications
14.1 Unless
otherwise asked for, the offers of "Makers design or for alternative
specification, the tenderer must note that his offer, will be rejected in case
the tender stipulations are not complied with strictly or the goods offered do
not conform to the required specifications indicated therein. The lowest tender will be determined from
among those tenders which are in full conformity with the required
specifications.
14.2 In case the offers have been asked for "Makers design" or for
alternative specifications, the
tender will clearly indicate as to how the materials being offered will serve
the Organisation's purpose and in what respect the offer differs from the
required specifications.
14.3 If
this Organisation finds that materials are not of the correct quality or not
according to required specifications or otherwise not satisfactory owing to any
reason of which the Organisation will be the sole judge, the Organisation will
entitled to reject materials, cancel the contract and buy its requirements in
the open market at the risk and cost of supplier, reserving always to itself
the right to forfeit the security deposit placed by the supplier for
fulfillment of the contract.
15 Bid Bond/Earnest Money/Security Deposit/Performance Bond.
15.1 Earnest
Money/Bid Bond.
15.2 The
bidders must enclose with their technical bid, Earnest Money in the form of FDR
Bank draft/Bank Guarantee of a scheduled Bank in case of Indian supplier or
Bank guarantee/Demand Draft in equivalent freely convertible foreign currency
in case of Foreign supplier, in favour of Accounts Officer, FTII, Pune 411 004
or in lieu thereof bid bond in the enclosed proforma at Appendix 3, from an Indian Public Sector Bank
at the rate specified in clause 5 of Invitation to BID. In case the Bank Guarantee is obtained from
the foreign bank, it should be guaranteed by an Indian Public Sector Bank and
must be governed by Indian Laws subject to jurisdiction of courts of Pune. The bid bond should initially be valid upto 60 days beyond period of Bid
validity.
15.3 Offers
without Earnest Money/Bid Bond of shorter validity will be ignored.
15.4 The
Earnest Money/Bid bond deposited by the tender shall be forfeited by this
Organisation in the following events :-
(a) If
tender is withdrawn during the validity period or any extension thereof.
(b) If
tender is varied or modified in a manner not acceptable to this Organisation
during the validity period or any extension of the validity duly agreed by the
bidder.
(c) If
a tenderer, whose tender has been accepted, fails to furnish Security deposit,
performance bank guarantee within 30 (thirty) days before the expiry of bank
guarantee/bid bond.
15.5 The
earnest money/bid bond of unsuccessful bidders will be returned on finalisation
of the tender. The earnest money/bid
bond of successful bidder will be returned or receipt of security
deposit/performance bond.
15.6 Security
Deposit/Performance Bond.
The successful bidder, within 30 (thirty) days of the
receipt of order/advance order/letter of intent, will be required to send
security deposit in the form of Crossed bank draft in favour of Accounts
Officer, FTII, Pune 411 004, or in lieu thereof, Performance Bond for the
amount as indicated in the "Invitation to Bid".
16. Catalogue
of spare parts/Literature of the equipment.
It will be a condition of Letter of Credit that
within 2 (two) months from the date of the receipt of supply order, the
supplier will send two copies of catalogue of spare parts/Manuals of
operation/maintenance/repairs to the purchaser. The supplier, in case of bought items, will also invariably furnish name
of the manufacturer, specification, test certificate
and identification number. The purchaser
will send acknowledgement of the receipt of above information/document. The supplier will send two copies of
catalogue of spare parts/manuals of operation/maintenance/repairs to consignee
along with materials. A certificate of
compliance of above condition will be sent by the supplier along with
negotiable and non-negotiable copies of bill of lading. Quotations must accompany necessary
literature of the equipment/catalogue of spare parts, failing which the offer
will be rejected.
17. Transfer
of Tender documents.
The tender is non-transferable.
18. Correspondence.
18.1 Our FAX
& E-mail Address :
Fax : 91-20-25430416 and E-mail: purchase@ftiindia.com
All
correspondence from tenderer/supplier shall be made to the Purchase Authority
(by name), who has issued this tender.
18.2 All
correspondence shall bear reference to tender No./Purchase
Order.
19. Order
on Higher tenderer.
It should be noted that if supply order is placed on
a higher tenderer in preference to the lowest acceptable offer in consideration
of an earlier delivery, the supplier will be liable to pay to the Purchaser,
the difference between the contract rate and the rate quoted by the lowest
acceptable tenderer, in case he fails to complete the supply in terms of such
contract within the specified date of delivery. This is without prejudice to other rights under terms of contract.
20. Name of
manufacturer and certificate of origin.
The name of the manufacturer should be clearly
mentioned in the offer. In case of
acceptance of his offer, the tenderer shall have to furnish a certificate of
origin from the Chamber of Commerce of the exporting country along with negotiable
shipping documents.
21. Agent/consultant/representative/retainer/associate.
22. In the
event bidder is having an agent/consultant/representative/retainer/
associate/servicing facilities in
Should
it be established at any subsequent point of time that the above statement of
the bidder is not correct or that any other amount of remuneration/commission
either in
The following particulars will also be furnished by
the bidder :-
(i) The precise relationship between the
foreign manufacturer/principal and their
agent/ consultant/representative/retainer/associate in
(ii)
The mutual
interest which the manufacturer/principal and the agent
consultant/representative/retainer/associate in
(iii)
Any payment
which the agent / consultant / representative / retainer / associate receives
in
(iv) Permanent Income Tax Account Number of agent/ consultant/ representative/retainer/associate in
(v)
Permanent Income
Tax Account number of foreign supplier.
(vi)
All services to
be rendered by the agent/ consultant/representative/ retainer/associate in
(vii)
In case of
retainership, a copy of agreement should be furnished.
22. Note : Tenders which do not comply with the above
stipulations are liable to be rejected.
22.2 Overseas
bidder should send their quotations directly and not through agents/
consultant/representative/retainer/associates. Agents/ consultant/ representative/retainer/associates of the overseas
manufacturers/supplier are however, permitted to purchase tender documents and
attend tender opening provided such agent/ consultant/representative/retainer/
associate has a power of attorney/letter of authority setting out very clearly
his role, which will be limited to such areas of activity as purchase of tender
documents, attending of tender opening and claiming of payment for their
services provided further that such a power of attorney/letter of authority as
well as agreement is submitted to this Organisation in advance for scrutiny and
acceptance or otherwise.
22.3 Indian
Agent Registration
Indian Agent quoting on behalf of the Foreign
Manufacturer/Principals must be registered with DGS&D,
23. Terms
of Payments
23.1 Foreign
Bidders
23.1.1 This
Organisation offers the following terms of payment in order of preference :-
(i)
Wherever a
Letter of Credit is required, it would be opened through the Nationalised Bank in Pune.
(ii)
Payment of
F.O.B./CIF/C&F value, as the case may be, will be made against Negotiable
copy of bill of lading and other specified documents as per supply order
through irrevocable Letter of Credit to be opened in favour of the bidder.
(iii)
All Foreign Bank
charges towards advising negotiation/cable charges and confirmation of Letter
of Credit charges will be borne by the bidder. All Indian Bank charges will, however, be borne by this Organisation.
(iv)
Where the
supplies are proposed to be made in stages beyond three months, the bidders
should quote staggered delivery schedule giving item-wise details/amount. The establishment of Letter of Credit in such
cases will be restricted to the period-wise deliveries so offered,
quarter-wise.
23.2 Payment
terms to Indian Bidder for Indigenous items.
The supplier will submit 95% or 90% of their bill
along with copy of Inspection Notes and provisional consignee Receipt
certificate to Film & Television Institute of India, Pune, for the stores
meant for Film & Television Institute of India, Pune 411 004. The bill for balance 5% or 10% shall be
submitted by the suppliers after receipt of final consignees receipt
certificates or satisfactory installation certificate whatever required.
For the FOB Contracts, the _________ after receipt of
A/Ts will send the draft for the FOB cost of the equipment,_____________insurance,
freight, Customs Duty and internal handling charges within 15 days from the
placement of order to the port consignee for timely clearance of the
consignment from Customs. The inter Zonal booking, if any, within the Organisation
will be adjusted after receipt of materials by respective consignees.
23.3 PAYMENT
OF INDIAN AGENT COMMISSION (IAC)
The Indian Agent Commission (IAC) will become
released after satisfactory receipt of the equipment/goods/material by the
Organisation/ Port Consignee in part or full as the case may be. The payment to the Indian Agent will be
subject to the condition that the Indian Agent send a
stamped pre-receipted bill for the IAC. Where the equipment is to be installed/commissioned satisfactorily by the foreign suppliers and or their nominee(s) in
24. UNSOLICITED
POST TENDER MODIFICATION
In case certain clarifications are sought by this
Organisation after opening of tenders, then the reply of the bidder should be
restricted to the clarifications sought. Any bidder who modifies his bid (including a modification which has the
effect of altering the value of his offer) after the closing date without
specific reference by this Organisation shall render the bid liable to be
ignored and rejected without notice and without further reference to the
bidder. Canvassing in any form by the
bidders shall also render the bid liable to be ignored and rejected without
notice and without further reference to the bidder.
25. Clarification
in respect of Incomplete offers.
This Organisation has to finalise its purchase within
a limited time schedule. Therefore, it
may not be feasible in all cases for this Organisation to seek clarifications
in respect of incomplete offers. Prospective bidders are advised to ensure that their bids are complete
in all respects and conform to our terms and conditions and Bid Evaluation
Criteria of the tender. Bids not
complying with this Organisation's requirements may be rejected without seeking
any clarification.
26.
Income Tax
Liability.
The bidder will have to bear all Income Tax liability
both corporate and personal tax.
27.
Offers from
indigenous manufacturers.
Indigenous manufacturers quoting against this tender
should clearly indicate :-
(i)
If the product
offered is to be manufactured as per indigenous know-how/design or under
concluded collaboration, the party may be indicated.
(ii)
Details of
manufacturing and testing facilities and quality control procedures available
with them.
(iii)
Number of
qualified persons and total employees etc.
(iv)
Details of
latest income tax clearance.
(v)
Sales Tax
registration.
28. After Sales Service and Training.
The tenderer must furnish complete details of after
sales service arrangements including training to be provided in respect of
the equipment. After sales service
arrangements should include details of infrastructural facilities available in
the country. The training should be made
available free of cost at sites in
29. Replacement/Rectification.
In the event the stores/equipment/materials supplied
against the contract are found to be defective, the supplier will have to take
them back at his own cost and if so instructed by this Organisation, to
replace/rectify the defects free of charge without loss of time. The supplier will not be entitled to dispose
of the store/equipment/material given for replacement/ rectification without
the prior permission of this Organisation. All charges concerned with the rectification including freight charges
will be borne by the supplier.
30.
Tender Fee.
30.1
Tender Fee to be
paid by foreign bidders and Indian bidders is as indicated in the Invitation to
Bid.
30.2
The offers will
not be considered without Tender Fee.
30.3
Refunds of
Tender Fee.
In the event a particular tender is cancelled, the
tender fee will not be refunded to the concerned bidder .
31.
Evaluation
Scrutiny of Bids
Technical Commercial evaluation of bids shall be
undertaken in accordance with the prescribed procedure by a Committee of the Organisation, duly
constituted for this purpose. The technical
evaluation would be based on (i) assessment of technical capability of tenderer
to manufacturer tendered items; (ii) capability of tenderer to effect supplies
tendered in stipulated time as assessed on the basis of installed capacity for
manufacturing and turnover of tendered items in preceding two years; and (iii)
past record of timely and good quality supply by tenderer in preceding two
years.
32.
Employment by
firms to officials of this Organisation.
Firms/Companies, who have or had business relations with
this Organisation, are advised not to employ serving employees of this
Organisation without its prior permission or within the initial two-year period
after the retirement/resignation/severance from the service without specific
permission of this Organisation. This
Organisation may decide not to deal with such firms who fail to comply with the
above advice.
APPENDIX - I
PROFORMA FOR BIDDERS TO ACKNOWLEDGE THE BID DOCUMENT
Dated :
To,
The
Purchase Officer,
Film & Television Institute of
Pune 411 004
Dear Sirs,
We
hereby acknowledge receipt of a complete set of Bid Documents pertaining to
procurement of ____________________________ against ______
________________________________________________________________
We
have noted that the closing date for receipt of the tender by you is
____________________ at 1200 hrs. (IST) and opening at 1500 hrs. (IST)
on the same day.
We
guarantee that the contents of the above said Bid Package will be kept
confidential within our Company and text of the said package shall remain the
property of your Organisation and that the said documents are to be used only
for the purpose intended by your Organisation.
Our
address for further correspondence on this tender will be as under
:
________________________________
________________________________
________________________________
________________________________
Yours faithfully,
Telex No. ________________________________
Telephone No . ________________________________
E-mail No. ________________________________
Personal Attention of :______________________________
(If required) ________________________________
APPENDIX - 2
BID SUBMISSION FORM AND AGREEMENT
Tender
No.________________________________ dated_________________
To,
The Purchase Officer,
Film & Television Institute of
Pune 411 004
Dear
Sir,
I/We
hereby offer to supply the stores detailed in schedule hereto or such portion
thereof as you specify in the Acceptance of Tender at the price given in the
said schedule and agree to hold this offer open till I/We shall be bound by the
communications of acceptance despatched within prescribed time.
I/We
have understood the "Instructions to Bidders", the instructions to
the tenderers in the booklet DGS&D - 229 and accepted the "conditions
of contract" and the conditions of the contracts as contained in DGS&D
- 68 (R) for supply and have thoroughly examined the specifications, drawings
and/or pattern quoted in the schedule hereto and am/are fully aware of the
nature of the stores required and my/our offer is to supply stores strictly in
accordance with the requirements.
The
following pages have been added to and form part of this tender.
Agreement
of Appendix-2A on purchase of Tender documents and submission of Tender has
been duly signed and returned herewith.
Yours faithfully,
Signature of Tenderer
Address
Dated
Signature of Witness
Address & Date
APPENDIX - 2A
AGREEMENT
Tender No._____________________________
dated____________________
To,
The Director,
Film & Television Institute of
Pune 411 004
Subject : PURCHASE OF TENDER DOCUMENTS.
Reference : Tender
No.___________________________ dated ____________
Film
& Television Institute of India, Pune 411 004, and the Tenderer agree that
the NOTICE INVITING TENDERS (NIT) is an offer made on the condition that the
Tender would be kept open in its original form without variation or
modification for a period of (state the number of days) from the last date for
the receipt of tenders stated in the N.I.T. AND THE MAKING OF THE TENDER SHALL
BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the
N.I.T. We further agree that the
contract consisting of the above conditions of N.I.T. as the offer and the
submission of Tender as the Acceptance shall be separate and distinct from the
contract which will come into existence when tender is finally accepted by this
Organisation. The consideration of this
separate initial contract preceding the main contract is that this Organisation
is not agreeable to sell the N.I.T. to the Tenderer and to consider the tender
to be made except on the condition that tender shall be kept open for days after the last date fixed for
the receipt of the tenders and the Tenderer desires to make a tender on this
condition after entering into this separate initial contract with this
Organisation. This Organisation promises
to consider the tender on this condition and the tenderer agrees to keep the
tender open for the required period. The
reciprocal promises form the consideration for this separate initial contract
between the parties.
If
the Tenderer fails to honor the above terms and conditions, this Organisation
shall have unqualified, absolute and unfettered right to encash the bank
guarantee for bid bond submitted in this behalf.
Yours faithfully, Yours faithfully,
(BIDDER) (PURCHASER)
Purchase Officer
For DIRECTOR
F.T.I.I., Pune 411004.
(One copy of this agreement duly signed must be returned along with the
Technical Bid)
APPENDIX-3
PROFORMA OF BANK GUARANTEE FOR BID BOND
Bank Guarantee No. _______________
Reference :
To,
The Director,
Film and Television Institute of
PUNE 411 004
Dear
Sirs,
Whereas
the Film & Television Institute of India, Pune 411 004, having its head
officer at (address of the Organisation), Pune 411 004 (hereinafter called the
Organisation) which expression shall, unless repugnant to the context or
meaning thereof, include all its successors, administrators, executors and
assignees has on behalf of the Director, Film & Television Institute of
India, Pune 411 004, floated a Tender No.
________________________________________
and M/s ___________________________________________________ having
Registered/head office at
____________________________________________
(Hereinafter called the "Tenderer" which
expression shall, unless repugnant to the context or meaning thereof, mean and
include all its successors, administrators, executors and assignees have
submitted a quotation Reference No. ________________ and tenderer having agreed
to furnish as a condition precedent for participation in tender as
unconditional and irrevocable bank guarantee of Rs./US Dollar
___________________________ (Rupees/US Dollar
_______________________________________________ only) for the due performance
of tenderer's obligations as contained in the terms of the Notice inviting
Tenders (NIT) and other terms and conditions contained in the Tender Documents supplied by the Organisation
specially the conditions that (a) tenderer shall keep his tender open for a
period of day, i.e., from ___________ to ___________ or any extension thereof,
and shall not withdraw or modify it in a manner not acceptable to the
Organisation (b) the tenderer will execute the contract, if awarded, and shall
furnish performance guarantee in the format prescribed by the Organisation
within the required time. The tenderer
has absolutely and unconditionally accepted these conditions. The Organisation and the tenderer have agreed
that NIT/tender document is an offer made on the condition that the tender, if
submitted, would be kept open in its original form without variation or
modification in manner not acceptable to the Organisation for a period of
____________ days, i.e. from
____________ to (____________) or any will execute the contract extension
thereof and that making of the tender itself shall be regarded as an
unconditional and absolute acceptance of the conditions, contained in NIT and
the tender documents. They have further
agreed that the contract consisting of NIT/Tender documents as the OFFER and
submission of the tender as the ACCEPTANCE shall be a separate contract distinct from the
contract which will come into existence when the tender is finally accepted by
the Organisation. The consideration for
this separate initial contract preceding the main contract is that the
Organisation is not agreeable to sell the NIT tender documents to the tenderer
and to consider the tender to be made except on the condition that the tender
shall be kept open for the period indicated above and the tenderer desires to
make a tender on this condition after entering into this separate initial contract
with the Organisation promises to consider the tender on this condition and
tenderer agrees to keep this tender open for the required period. These reciprocal promises form the
CONSIDERATION for this separate initial contract between the parties.
2.
Therefore, we
_______________________________________ registered
(indicate the
name of Bank)
under the laws of
________________________________________ having head registered office at
________________________________ (hereinafter) referred to as the
"Bank" which expression shall unless repugnant to the context or
meaning thereof, include all its successors, administrators and executors
hereby issue irrevocable and unconditional bank guarantee and undertake to pay
immediately on first demand in writing Rupees or in such convertible currency
as acceptable to the Organisation and all money to the extent of Rupees/US
Dollars __________________________________ (Rupees/US Dollar ______________
_________________________ only) at any time
immediately on such demand without any demur, reservations, recourse, contest
or protest and or without any reference to the tenderer and any such demand
made by the Organisation on the bank shall be conclusive and binding
notwithstanding any difference between the Organisation and the tenderer or any
dispute pending before any court arbitrator or any other matter
whatsoever. We also agree to give that Guarantee herein to the
Organisation in writing. This guarantee
shall not be determined/discharged/ affected by the liquidation, winding-up,
dissolution or insolvency of the tenderer and will remain valid, binding and
operative against the bank.
3. The
bank also undertakes that the Organisation at the option shall be entitled to
enforce this guarantee, against the Bank as a principal debtor, in the first
instance, without proceeding against the tenderer.
4. The
bank further agree that as between the bank and the Organisation, purpose of
the guarantee, any notice of the breach of the conditions contained in NIT and
other terms and conditions contained in the Tender Documents as referred above
given to the bank by the Organisation shall be conclusive and binding on the
Bank, without any proof, notwithstanding any other matter or difference or
dispute whatsoever. We further agree
that this guarantee shall not be affected by any change in our constitution, in
the constitution of the Organisation or that of the tenderer. We also undertake not to revoke in any case,
this Guarantee during its currency.
5. The
bank agree with the Organisation that the Organisation shall have the fullest
liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms of
the tender or get extension of the validity period from time to time. We shall not be relieved from out liability
by reason of any such variation or extension of the validity period or for any
forbearance, act of omission and commission on the part of the Organisation or
any indulgence shown by the Organisation to the said tenderer or by any such matter or
thing whatsoever which under the law relating to sureties, would but for this
provision have the effect of so relieving us.
6. Notwithstanding
anything contained here in above our liability under this Guarantee is limited
to Rupees/US Dollar (Rupees/US Dollars ______________
__________________________ only)
in aggregate and it shall remain in full force upto and including 60 days after
__________________________________
unless extended further (indicate the last date of validity
period) from time to time for such period as may be instructed in writing by
M/s. _____________________
_______________________ on whose behalf this guarantee has been given in which case, it shall remain in
full force upto and including 60 days after the expiry of extended period. Any claim under this guarantee must be
received by us before the expiry of 60 days from
_____________________________________
or (indicate the last date of validity period) before
the expiry of 60 days after the expiry of extended period, if any. If no such claim has been received by us
within 60 days after the said date extended date, the rights of the
Organisation under this guarantee will cease subject to para 8. However, if such a claim has been received by
us within and upto sixty days after the said date extended date, all right of
the Organisation under this guarantee shall be valid and shall not cease until
we have satisfied that claim.
7. In
case contract is awarded to the tenderer here in after referred to as
"contractor", the validity of this Bank Guarantee will stand
automatically extended until the contractor furnished to the Organisation a
bank guarantee for Rupees/ US Dollars ________________________ (in figure)
Rupees/US Dollars _______
_______________________________ only (in words)
towards performance guarantee for satisfactory performance of the
contract. In case of failure to furnish
performance bank Guarantee in the format prescribed by the Organisation by the
required date, the claim must be submitted to us within 120 days after the last
date of validity period or extended period, if any. If no such claim has been received by us
within 120 days after the said date/extended date, rights of the Organisation
under this guarantee will cease. However, if such a claim has been received by us within and upto 120
days after the said date/ extended date, all rights of the Organisation under
this guarantee shall be valid and shall not cease until we have satisfied that
claim.
8. The
Bank confirms that this guarantee has been issued with the approval of
appropriate Exchange Control Authority in ____________________________
and any other authority (indicate the name of the
country of issue of Guarantee) if required as per the laws of the country of
issue of guarantee.
The bank confirms that this guarantee has been issued
with observance of the appropriate Exchange Control Rules land Regulations of
the country.
In
witness where of the Bank, through its authorised officer, has sent its hand
and stamp on this ______________ day of _________________________ at
______________________ of __________________ (month and year).
Witness No.1 Signature
Signature (Full name in capital letters)
(Full name and address in Designation with bank stamp
capital letters)
Witness No.2
Signature Attorney
as per power of attorney
(Full name and address in No._______________________
capital letters)
Date : ____________________
INSTRUCTIONS FOR FILLING UP BANK GUARANTEE FOR BID
BOND
1.
The bank
guarantee should be stamped in accordance with Stamp Act.
2. The
non-judicial stamp paper should be in the name of the issuing bank.
3. Clause 8 of the bank guarantee is applicable in cases of
global tenders where foreign tenderers also participate. When tenders are invited from parties within
4. Please indicate the currency in which bank guarantee is being given. Rs./US Dollars have been mentioned only for illustrations. Therefore, in cases where bank guarantee is being given in a currency other than Rupees' or US Dollars', these terms may be deleted and replaced by relevant currency.
5. The period of sixty (60) days mentioned in clause 6 and one hundred twenty (120) days as given in clause 7 should be available after the expiry of the validity period of the tender or any extension thereof.
6. The bank guarantee by Indian bidder will be given from
Nationalised/ scheduled Bank only. The
foreign bidders will give Bank Guarantee from an Indian Bank situated in that
country.
7. In the case of guarantee by a foreign bank, these must be got confirmed by an Indian public sector bank and shall be governed by the Indian laws and subject to the jurisdiction of the courts in Pune.
APPENDIX - 4
CHECK LIST
The
tenderers are advised in their own interest to ensure that the following
points/aspects in particular have been complied with in their offer failing
which the offer is liable to be rejected.
1. Please
tick the box whichever is applicable and cross the box(es)
whichever is/are not applicable.
2. Please
sign each sheet.
3. The
check list duly filled in must be returned along with the offer.
COMMERCIAL
GROUP : "A"
1.1 whether requisite tender fee has been paid.
Yes No
1.2 If so,
furnish the following :-
(i) By
Bank Draft
(ii) Name
of the Bank
(iii) Value
(iv) No. of Bank Draft
(v) Date
of issue of Bank Draft
2.1 Whether
FDR/Bank guarantee for the requisite earnest money/Bid Bond enclosed with the offer.
Yes No Not applicable
2.2
If so furnish
the following :-
(i) Name of the Bank
(ii) Value
(iii) Number
(iv) Date of issue
(v) Period
of validity of the FDR/Bank Guarantee
(it should not be for less than 180 days)
3. Have
the rates, prices and totals etc. been checked thoroughly before signing the tender.
Yes No
4. Has a
statement incorporating the deviations from the commercial terms and conditions of this Orgnisation been
prepared and enclosed with the offer.
Yes No
5. Whether
charges for training of this Organisation's officials included in the prices ? If no, whether these have been quoted separately.
Yes No Not applicable
6. Whether
firm FAS/FOB/CIF/C&F prices have been quoted ?
a) FOR/FAS Yes No
b) CIF/C&F Yes No
c) EX WORKS/FOR Yes No
7. Whether
percentage of reduction in prices, if whole order is placed has been indicated in the offer.
Yes No
8. Whether
the cost of installation/erection/commissioning at site is included in the prices or not and whether it has been
quoted separately ?
Yes No Not applicable
Signature
of the Bidder
9. Whether fixed monthly
rates have been quoted uniformly for entire contract period ?
Yes No Not applicable
10. Whether
the period of validity of the offer is as required in tender document. If not mention the extent of variation in days
Yes No
11. Whether
the offer has been signed indicating full name and clearly as to whether it has been signed as.
Secretary Manager Partner
Sole
Proprietor Active Partner Preprocuraterium
12. If
the tender is seeking business with this Organisation for the first time, has
he given the details of the parties to whom the tendered services have been
provided in past along with their performance report ?
Yes No
13. Whether
the offer is being sent in separate covers for Technical bid and commercial bid
with appropriate superscription and with both the covers duly sealed subscribed
with tender No. and closing/opening date ?
Yes No
14. Has the tender been
submitted in triplicate ?
Yes No
15. Is the
offer being sent by Registered post or proposed to be dropped in tender Box ?
Sent by Registered Post Dropped in Tender Box
Yes No Yes No
16. Has it been ensured that
there are no over-writings in the tender ? Have corrections been properly attested by the
person signing the tender ?
17. Are the
pages of the tender consecutively numbered and an indication given on the front page of the tender as
to how many pages are contained in
the tender ?
Yes No
18. Has the
tender been prepared in sufficient details/clarity so as to avoid post-tender opening clarifications/amendments ?
Yes No
19. Whether
Schedule-I/II of the tender in original, duly filled in and each page of Annexure-I and II signed and enclosed with
the offer ?
Yes No
20. Whether required sample
asked in tender has been submitted along with the offer ?
Yes No
21. Whether
Failure and Termination Clause, Shipment clause, Insurance clause, Subletting and Assignment
Clause of the tender is accepted ?
Yes No
22.
If not, the
clauses not accepted may please be indicated below :-
23.
Whether
guarantee/warranty has been furnished ?
Yes No
Signature of the Bidder
GROUP
"B"
(Applicable to indigenous suppliers
only)
1.
Whether a copy
of latest income tax clearance certificate has been enclosed Yes No Not applicable
2.
Whether details
of your registration under Sale Tax/Central Sales Tax have been indicated in
the offer ?
Yes No
GROUP
"C"
(Applicable to foreign suppliers only)
1.
Has the tenderer
clearly indicated Income Tax liability both for corporate and personal tax ?
Yes No Not applicable
2.
Whether
suppliers/buyers credits available at subsidised rates of interest from export
credit organisation of developed countries has been indicated?
Yes No Not applicable
3.
Whether tenderer
has Agent/Representative/Consultant/retainer/associate in
Yes No Not applicable
4.
Please indicate
the percentage of total payment in non-convertible Indian currency acceptable
to you ?
Indicate percentage
5.
Whether in the
case of service contracts, the rupee content of the offer has been spelt out clearly ?
Yes No Not applicable
6.
If the delivery
is quoted in phases, has the tenderer indicated the phasing of amount for
opening of the Letter of Credit ?
Yes No Not applicable
7.
Whether the
tenderer has enclosed with the quotation or already sent to this Organisation,
authority letter/Agreement of his Agent/Representative/
consultant/Retainer/Associate in
Yes No Not applicable
8.
Has the country
of origin of the items being offered, indicated ?
Yes No Not applicable
9.
In case the
tenderer is supply house, whether authorisation from the manufacturer,
authorising him to quote, has been enclosed with the offer ?
Yes No Not applicable
10.
Whether gross
weight/volume of the equipment quoted has been given ?
Yes No Not applicable
11.
In case foreign
Exchange assistance is required, whether Foreign exchange content indicated ?
Yes No Not applicable
Signature of the Bidder
TECHNICAL
(Applicable to both foreign suppliers
and indigenous suppliers)
1.
Whether
necessary literature/catalog of the full compliment of equipment as well as
spare parts as well as operation service and maintenance manual thereof has
been attached with the offer ?
Yes No
2.
Whether the
materials being offered fully conform to all the required technical specifications ?
Yes No
3.
If not, has the
extent of deviation and how it is suitable to this organisation's requirement been specified ?
Yes No
4.
In case of
spares, whether interchangeability certificate has been enclosed
?
Yes No
5.
Whether the
model of each equipment offered is the latest ?
Yes No
6.
If yes, when was
the product released in the market ? Details of Supplies made.
Yes No
7.
Whether the
spares support will be available for a period of 5 years from the date of supply ?
Yes No
8.
Do you have an
after-sales service centre in
Yes No
9.
If not, which is
the nearest service centre (Address)
10.
Whether you have
enclosed technical evaluation report of each item ?
Yes No
11.
Whether complete
details of after-sales service arrangement given including training for the
officials of this organisation to be provided by both foreign supplier and
indigenous supplier.
Yes No
Signature of the Bidder
APPENDIX - 5
EXCEPTION / DEVIATION
PROFORMA
Film
& Television Institute of
Clause No. of Tender Document
|
Full Compliance
not agreed
|
Exception/deviation taken by Bidder
|
Confirmation if price effect for withdrawal of this
exception has been specified in the Price Bid
|
Remarks
|
|
|
|
|
|
Signature of the Bidder/Tenderer
Name
Seal of the
Company
APPENDIX-6
BIDDERS PAST
SUPPLIES PROFORMA
Sr. No.
|
Name & Address of
Client
|
Period from
|
Description in details
|
Total Quantity
supplied successfully
|
Remarks
|
|
|
|
|
|
|
Note : CERTIFICATE FROM CLIENTS TO BE ENCLOSED ALONG WITH THIS
PROFORMA
APPENDIX - 7
BIDDERS INFORMATION PROFORMA
TENDERER MUST GIVE SPECIFIC ANSWERS AGAINST EACH OF
THE FOLLOWING QUESTIONS
TENDER NO. DUE FOR OPENING
WHETHER
stores offered conform to particulars quoted at Annexure-IV, if not, details of
deviations must be stated here.
2. (i) Brand
(ii)
Name &
address of the manufacturer/supplier
3.
Date by which
delivery can be completed.
4.
Packing
: whether specification packing
will be adhered to.
5.
Gross weight of
Consignment/Net Weight of each item.
6.
Here please
state specifically whether the price tendered by you, as to the best of your
knowledge and belief, is not more than the price which is permissible to you to
charge a private purchaser for the same class and description of goods under
the provision of any law for the time being in force. If not, state the reason and margin of
profit.
7.
Business name
and constitution of tendering firm. Is
the firm registered under :
(i)
The Indian
Companies Act, 1913.
(ii)
The Indian
Companies Act, 1932/1956.
(iii)
Any other Act;
if not, who are owners ?
(Please give full name)
8.
Sales Tax
registration, if any.
9.
Central Sales
Tax Registration No., if any.
10.
Annual turnover
for last 3 years.
(Enclosed audited Annual Reports)
11.
Present worth of
tendering firm.
12.
Whether LSU or
SSL.
12.1
In case you are
registered with NSIC under Single Point Registration Scheme for the items
quoted, confirm whether you have attached a photocopy of Registration
Certificate indicating the items for which you are registered.
12.2
In case you are
not registered with either NSIC/DGS&D, please state whether you are
registered with the Directorate of Industries of the State Government
concerned. If so, attach a copy of the
certificate.
Signature of Tenderer
Date :
APPENDIX
- 8
PRICE BID
Schedule of
Rates
(TO BE FILLED IN BY
TENDERERS)
Tender No.
Tenderer's Name
Country of Origin
Tenderer's Quotation No. Due Date
Validity of Quotation Currency
No. Form
|
Description of
Item
|
Quantity
|
Unit
|
Weight cubage Gross
Net M3
|
|||
1
|
2
|
3
|
4
|
5
|
|||
|
|
|
|
|
|||
Rate per Unit (both in figures
& words)
Total (both in figures & words)
Extra, if any
|
|||||||
FOB/C&F/CIF
|
EX works price for
domestic bidders
|
FOB/C&F/CIF
|
EX works price non
domestic bidders
|
||||
6A
|
6B
|
7A
|
7B
|
||||
|
|
|
|
||||
Note : Price should
be quoted term FOB/C&F/CIF Pune, Maharashtra, (
Additional Information :
1.
Delivery Period
:
(a) FOB-Port
(b) CIF-Port
Date : Seal Signature of the Tenderer
2.
3. Indian
Agents Commission ____________(include in the quoted
price)
4. DOMESTIC BIDDERS :
4.1 In case
where foreign exchange is required for completing services/ supplies, please indicate break up between
Indian currency portion and foreign
currency indicating specific amount and equivalent Indian Rupees.
4.
The statutory
charges, which will not be borne by the bidder must be indicated failing which
this Organisation will not be liable for payment of any
such charge.
APPENDIX-9
No.
TO
PURCHASE OFFICER
FILM & TELEVISION INSTITUTE OF
PUNE 411 004
SUBJECT : Tender No.____________________________ due on
___________
Sir,
Sri
__________________________________________________________ has been authorised
to be present at the time of opening of above tender due on
_____________________________ at Pune on my/our behalf.
Yours
faithfully,
Signature of Tenderer
Copy to Shri
______________________________________ for information and for production
before the time of opening of tenders.
ANNEXURE
- II
GENERAL TERMS AND CONDITIONS (GTC)
(Each page must be signed and returned
along with your offer)
DEFINITIONS
Unless
inconsistent with or otherwise indicated by the context, following terms
stipulated in this ORDER shall have the meaning as defined hereunder
:
1.1
ORDER
Shall mean written purchase order issued by this
Organisation to the successful bidder including subsequent amendments to ORDER
in writing thereof.
1.2
THE
ORGANISATION/PURCHASER
Shall mean the Director, Film & Television
Institute of
1.3
SUPPLIER/CONTRACTOR
Shall mean any person or persons or firm or company
in India as well as abroad whose bid has been accepted by this Organisation and
the legal representation, representatives, successors and permitted assignee of
such person, persons, firm or company.
1.4
SUB CONTRACT
Shall mean ORDER placed by the SUPPLIER for any
portion of the ORDER or work subletted with necessary written consent of this
Organisation on third party. Such
subletting shall not relieve the contractor from any obligation, duty or
responsibility under the Contract.
1.5
SUB-CONTRACTOR
Shall mean any person or persons or firm or their
legal representatives, successors, assignees to whom part of ORDER has been
subletted by the SUPPLIER after necessary consent of this Organisation.
1.6
ORDER PRICE
Shall mean the sum accepted or the sum calculated in
accordance with the rates accepted by this Organisation and amendments thereof
and shall include all fees, registration and other charges paid to statutory
authorities without any liability on the Organisation for any o these charges
unless specially agreed to in writing by the Organisation.
1.7
DELIVERY PERIOD
Shall mean despatch by the date specified in the
ORDER.
1.8
DESTINATION
Shall mean the location of the consignee for which
this ORDER has been issued.
1.9
EQUIPMENTS/MATERIALS
Shall mean and include any equipment, instruments
stores, and goods to be supplied for under the ORDER and amendments thereto.
1.10
DRAWINGS
Shall mean and include all Engineering sketches,
general arrangements, layout drawings, Sectional plans, all elevations etc.
related to the ORDER together with modification and revision thereto.
1.11
SPECIFICATIONS
Shall mean and include detailed description,
statements to technical data, performance characteristic and standards (Indian
as well as international as applicable and as specified in the ORDER).
1.12
INSPECTORS
Shall mean any person or outside Agency nominated by
this Organisation to inspect equipment, materials and services, if any, in the
contract stagewise as well as final before despatch at SUPPLIERS Works and on receipt at destination as per the
terms of the ORDER.
1.13
TESTS
Shall mean such process or
processes to be carried out by the SUPPLIER as are prescribed in the ORDER
considered necessary by this Organisation or their representative in order to
ascertain quality, workmanship, performance and efficiency of equipment or part
thereof.
1.14
APPROVAL
Shall mean and include the written consent, either
manuscript, typewritten or printed statement under or over signature or seal as
the case may be of this Organisation or the representative or documents or
other particulars in relation to the ORDER.
1.15
F.O.R./F.O.B./FAS/C&F/CIF
Shall mean the terms as explained
in INCO terms.
2. SCOPE
OF ORDER
2.1
Scope of the
order shall be as defined in the ORDER , specifications, drawings and annexures thereto.
2.2 Completeness
of the equipment shall be the responsibility of the SUPPLIER. Any equipment fittings and accessories, which
may be specifically mentioned in the specification or drawing(s) but which are
usual or necessary for the satisfactory functioning of the EQUIPMENTS
(successful operation and functioning of the equipment being SUPPLIERS
responsibility shall be provided by the SUPPLIER without any extra cost).
2.3 The
SUPPLIER shall follow the best modern practice in the manufacture of high grade
EQUIPMENT not-withstanding any omission in that the SUPPLIER shall in all
respect design, engineer, manufacturer and supply the same within delivery
period to the entire satisfaction of the Organisation.
2.4 WORK TO
BE CARRIED OUT UNDER THE ORDER
All equipment to be supplied and work to be carried
out under the ORDER shall conform to and comply with the provision of relevant
regulations/Acts (State Government or Central Government) as may be applicable
to the type of equipment/work carried out and necessary certificate shall be
furnished.
3.
SPECIFICATION,
DRAWING, TECHNICAL MANUALS.
3.1
The SUPPLIERS
shall furnish five copies and such additional number of copies as required by
this Organisation of technical documents, final drawing, preservation
instructions, operation and maintenance manuals, test certificates, spare parts catalogue before despatch of the
equipment as under :-
(i)
Inspection
Authority
(ii)
Port Consignee
(iii)
Consignee (2
copies)
(iv)
Purchaser
3.2
The supplier
shall be responsible for any loss to this Organisation consequent to the
furnishing of the incorrect data/drawings.
3.3
The SUPPLIER
shall provide cross sectional drawing to identify the spare parts numbers and
their location. The size of bearing, their
make and number shall be furnished.
3.4
Specifications,
design and drawings issued by this Organisation to the supplier along with
tender specification and ORDER are not to be sold or given on loan. These documents continue to remain property
of this Organisation OR THEIR ASSIGNEE AND ARE SUBJECT TO RECALL BY this
Organisation. The SUPPLIER and its
employees shall not make use of the drawings, specification and technical
information for any purpose at any time and shall not disclose the same to any
person, firm or corporate authorities without written permission of the
Organisation. All such details shall be
kept confidential.
3.5
In order to
facilitate quick disposal, copies of the drawing for approval shall be sent
directly and simultaneously to the authorities specified in the order in
addition to the sets submitted to authority issuing order.
4.
ACCEPTANCE OF
ORDER
4.1
Within fifteen
(15) days from date of mailing of ORDER, SUPPLIER shall confirm acceptance of
the order in its entirety.
4.2
The ORDER is
accepted unconditionally by SUPPLIER by returning to this Organisation, a copy
of the ORDER duly signed, without qualification.
4.3
When SUPPLIER has accepted the
order with all its terms and conditions, SUPPLIERS' bid with general sales
conditions and all previous correspondence are considered superseded and void.
4.4
Should SUPPLIER
not respect the time limit for the confirmation of the order or in case
SUPPLIERS can not accept the ORDER without qualifications, this Organisation
reserves the right to cancel in writing without prejudice to other terms, the
entire ORDER or part of it,
without notice. Under
these circumstances, the earnest money/bid
bonds given by the supplier will be forfeited in full.
5.
MODIFICATION IN
ORDER
5.1
All
modifications leading to changes in the order with respect to technical and/or
commercial aspects, including terms of delivery, shall be considered valid only
when accepted in writing by this Organisation by issuing amendment to the
ORDER.
5.2
This
Organisation shall not be bound by any printed conditions, provision in the
SUPPLIER BID, forms of acknowledgement of ORDER, invoice, packing list and
other document, which purport to impose any condition at variance with or
supplement to ORDER.
6. JOINT
AND SEVERAL RESPONSIBILITY
6.1
Where Suppliers
Equipment or any part thereof are to be used jointly with the equipment
supplied by another manufacturer (the name of the manufacturer will be
communicated separately to supplier) this Organisation will hold supplier and the manufacturer jointly and
severally responsible for the perfect operation of the entire group or section
of equipment as regard the technical and mechanical characteristics stipulated
in the specification. Such
responsibility shall include the mechanical coupling as well as dynamic and
starting moment.
6.2
Consequently,
SUPPLIER shall establish and maintain all necessary contract with the manufacturer to be indicated by the organisation with a view to
ensuring the exchange of all relevant data and information.
7. SECURITY
DEPOSIT/PERFORMANCE BOND
7.1
The successful
bidder, within 30 (thirty) days of the receipt of order/letter of intent will
be required to send Security Deposit in the form of Bank Draft or in lieu
thereof a Bank Guarantee from an Indian Public Sector Bank for amount as indicated
in the Invitation to Bid. In case when
the Bank Guarantee is obtained from a foreign bank, it shall be got confirmed
by an India Public Sector bank and shall be governed by Indian laws and subject
to the jurisdiction of court of the place of issue of Acceptance of
Tender. The Security Deposit/Performance
bond shall be Rs.50,000 for cost of equipment up to
Rs.5 Lakhs. And Rs.One lakh for cost of equipment above Rs.Five Lakhs.
7.2
The security
money may be deposited in the form of Bank Draft/Bank Guarantee in the proforma
enclosed as Appendix to these General Terms and Conditions (GTC).
7.3
This
Organisation shall not be liable to pay and Bank charges, commissions or
interest on the amount of Security Deposit/Performance Bond.
7.4
Security
Deposit/FDR/Performance Bond shall be refunded to the supplier after completion
of warranty period as stipulated in the order. If the materials are supplied in the extended delivery period, the
supplier will extend the validity of Bank Guarantee accordingly and the Bank
Guarantee will be released after extended validity expire.
8.
WARRANTIES AND
GUARANTEES
8.1 MATERIALS
AND WORKMANSHIP.
8.2
Unless some
special warranty/Guarantee clause has been stipulated elsewhere in the
invitation to the tender or any of its annexure, the following warranty shall
form part of the contract placed on successful tender :-
8.2.1
SUPPLIER shall
fully warrant that all the stores, Equipment and components supplied under the
ORDER shall be new and of first quality according to the specifications and
shall be free from defects (even concealed fault, deficiency in design,
materials and workmanship).
8.2.2
Should any
defects be noticed in design, material and/or workmanship within 15 months from
the date of shipment/despatch of last consignment or 12 months from the date of
receipt/commissioning of the equipment or the guarantee/warranty periods as
specified in specifications (Annexure-V), whichever is later, the Organisation
shall inform supplier and Supplier shall immediately on receipt of such
intimation, depute their personnel within 14 days to investigate the causes of
defects and arrange rectification/replacement/modification of the defective
equipment at site without any cost to this Organisation within a reasonable
period. If the supplier fails to take
proper corrective action to repair/replace the defects satisfactorily within a
reasonable period, this Organisation shall be free to take such corrective
action as may be deemed necessary at contractor's risk and cost after giving
notice to the SUPPLIER.
8.2.3
Damage to the
machinery and/or equipment due to incomplete and erroneous instructions issued
by supplier will be responsibility of the supplier and will be treated
according to the provisions of warranty clause. Normal wear and tear shall not come under purview of this clause.
8.2.4
In case defects
are of such nature that equipment shall have to be taken to suppliers works for
rectification etc. Supplier shall take
the equipment at his cost after giving necessary undertaking or security as may
be required by the Organisation. This
Organisation shall, if so required by the supplier, despatch the equipment by
quickest mode of "Freight-to pay" basis to the supplier's works. After repairs, supplier shall deliver the
equipment at site on freight pre-paid basis. All risks in transit to and fro shall be borne by the supplier.
8.2.5
Equipment or
spare parts thereof replaced shall have further warranty for a period of 12
months from the date of acceptance.
8.2.6
The supplier
shall guarantee that they will supply spare parts if and when required on
agreed price. The agreed price should
include but without any limitation to agreed discount on the published
catalogue price or on agreed percentage of profit on the landed cost.
8.2.7
The supplier
will warranty that before going out of production for any of spare parts, they will give adequate advance notice to the
purchaser so that the latter may undertake to procure, if necessary, the
balance of the life time requirements.
8.2.8
If the repairs,
replacement or modification referred are of such nature as may affect the
efficiency of the EQUIPMENT this Organisation shall have the right to give to
the SUPPLIER within one month of such replacement/ renewal, notice in writing,
to carry out tests as may be required for acceptance of the equipment.
8.2.9
If the supplier
fails to honor his obligation to repair or replace defective goods within a
reasonable period of time or if supplier refuses to carry out work under the
guarantee clause and implied guarantee condition or if danger is anticipated or
in case of severe urgency, the Organisation shall be entitled to carry out, at
Supplier's cost and risk, repair work or replacement deliveries or have it done
by a third party. In case not all goods
have been delivered by Supplier, this Organisation is entitled to procure the
remaining goods at Supplier's cost and risk. This does not relieve Supplier of any of his guarantee obligations. Taxes and duties of any kind whatever
imposed by the authorities of the country of the supplier or his
sub-contractors until delivery shall be borne by supplier.
9.
PERFORMANCE
GUARANTEE
9.1
SUPPLIER shall
guarantee that the performance of the EQUIPMENT/ MATERIAL supplied under the
order shall be strictly in conformity with specification and shall perform the
duties specified under the ORDER.
9.2
The SUPPLIER
shall guarantee that the materials/equipment that shall be purchased from the
sub-contractor(s) shall be such as to fulfill the requirements laid down vide
para 8.1 to 8.10 above and shall undertake to ensure fulfillment of these
requirement.
10.
REJECTION
If the ORGANISATION finds that the goods supplied
are not in accordance with the
specification and other conditions stated in the order or its sample(s) are
received in damaged condition (of which matters this Organisation will be the
sole judge), this Organisation shall be entitled to reject the whole of the
goods or the part, as the case may be and intimate to the supplier the rejection without prejudice to this Organisation's other rights and
remedies to recover from the supplier any loss which the ORGANISATION my be put
to also reserving the right to forfeit the security deposit/performance bond,
if any, made for the due fulfillment of the contract. The goods shall be removed by the supplier
and if not removed within 14 days of the date of communication of the
rejection, the Organisation will be entitled to dispose of the same on account
and at the risk of the supplier and after recovering the storage charges at the
rate of 5% of the value of goods of each month or part of month and loss and
expense if any caused to the Organisation, pay balance to the supplier.
11.
FAILURE AND
TERMINATION CLAUSE
Time and date of delivery shall be essence of the
contract. If the contractor fails to
deliver the store, or any installment thereof within the period fixed for such
delivery in the schedule or at any time repudiates the contract before the
expiry of such periods, the purchaser may without prejudice to any other right
or remedy available to him to recover damages for breach of the contract :-
a)
Recover from the
Contractor as agreed, liquidated damages and not by way of penalty, a sum
equivalent to 1/2% (half percent) of the contract price of the whole unit per
week for such delay or part thereof (this is an agreed, genuine pre-estimate of
damages duly agreed by the parties) which the contractor has failed to deliver
thereof is accepted after expiry of the aforesaid period. It may be noted that such recovery of
liquidated damages may be upto 5% of the contract price of whole unit of stores
which the contractor may fail to deliver within the period fixed for
delivery. After full period of
extension, termination of the contract will be considered by the Organisation;
b)
Purchase or
authorise the purchase elsewhere on the account and at the risk of the
contractor, of the stores not so delivered or other of a similar description
(where stores exactly complying with the particulars are not in the opinion of
the purchaser, which shall be final, readily procurable) by serving prior
notice to the contractor without canceling the contract in respect of the
installment not yet due for delivery or;
c)
Cancel the
contract or a portion thereof by serving prior notice to the contractor and if
so desired purchase or authorise the purchase of the stores not so delivered or
others of a similar description (where stores exactly complying with
particulars are not in the opinion of the purchaser, which shall be final
readily procurable) at the risk and cost of the contractor. If the contractor had defaulted in the
performance of the original contract, the purchaser shall have the right to
ignore his tender for risk purchase even though the lowest. Where the contract is terminated at the risk
and cost of the firm under the provisions of this clause, it shall be in the
discretion of the purchaser to exercise his discretion to collect or not, the
Security deposit from the firm on whom the contract is placed, at the risk and
expense of the defaulted firm.
d)
Where action is
taken under sub-clause (b) or sub-clause (c) above, the contractor shall be
liable for any loss which the purchaser may sustain on that account, provided
the purchase or if there is an agreement to purchase, such agreement is made in
case of failure to deliver the stores, within 6 months from the date of such
failure and in case of repudiation of contract, the contractor shall not be
entitled to any gain on such the entire discretion of the purchaser to serve a
notice of such purchase on the contractor.
e)
It may further
be noted that clause (a) above provides for recovery of liquidated damages on
the cost of contract price of delayed supplied (whole unit) at the rate of 1/2%
(half percent) of the contract price of the whole unit per week for such delay
or part thereof upto a ceiling of 5 da mages for delay in supplies thus accrued
will be recovered by the paying authority on instruction as specified in the
supply order, from the bill for payment of the cost of material submitted by
the contractor or his foreign principals in accordance with terms of supply
order on instruction fro% of the contract price of delayed supplies (whole
unit). Liquidated m Purchaser regarding
liquidated damages amount.
f)
Notwithstanding
anything state above, equipment and materials will be deemed to have been
delivered only when all its components, parts are also delivered. If certain components are not delivered in
time, the equipment and materials will be considered as delayed until such time
all the missing parts are also delivered.
12.
INSPECTION/TESTING
OF MATERIAL
The inspection of material will be carried out by the
authority specified in the purchase order. The material will be accepted only after the same has been found
satisfactory after inspection and duly marked and sealed by the inspection
authority.
12.1
The contractor
shall ensure that the material to be supplied against this order shall be
individually inspected, tested and analyzed in terms of the specifications
attached to the tender and the relevant codes and practices specified therein
by expression or implication. Necessary
test reports shall be provided as required.
12.2
The contractor
should make available to the Organisation and any other individual agency
authorised by the Organisation for the purpose of inspection all its records
and results in respect of inspection, test and analysis conducted by it as part
of their manufacturing and testing operation under the applicable codes and
practices specified by expression or implication in the tender.
12.3
Inspection tests
and analysis shall be carried out/conducted at the contractor's works by the
authorised representative of the organisation and the cost of such inspection
tests and analysis including the cost of to and from air fare and accommodation
and cash allowances payable shall be borne by the Organisation.
12.4
The contractor
shall provide and deliver free of charge for tests/analysis by an independent
authority at any such place or places as the Organisation or its authorised
inspection may reasonable require, such raw material(s) used or intended to be
used for the contracted work by the Contractor as the Organisation/Inspector
shall consider necessary/ The cost of such tests/analysis shall be borne by the Contractor.
12.5
This
Organisation shall be entitled at all times, whether prior to, during or after
the completion of inspection by itself and/or through inspectors appointed by
the Organisation at the Organisation's cost, to inspect, test and/or analyse
and/or to direct the Contractor in all respect of any store(s) or materials
processes used or proposed to be used in the fabrication of the product of any
of them. The said inspection, tests and
analysis as far as required, is to be conducted in the presence of the
inspectors. The contractor shall ensure
that the inspecting personnel referred to above are given free access to all
the required places and information connected with their work, besides working
facilities to carry out their function.
12.6
Should the
contractor fail to comply with any of the provisions aforesaid relating to
inspection, testing and analysis, the Organisation shall be entitled by itself
and/or through inspectors to conduct or have conducted the inspection, test
and/or analysis at the risk and expense of the contractor in all respects.
12.7
No rejected raw
materials shall be used for the contracted work or re-tendered for inspection
and/or test except with the prior permission of concerned Inspectors.
12.8
Unless otherwise
specifically authorised by the Organisation in writing, the contractor shall
not ship or despatch for shipment under the contract entered into, any material
which has not been properly inspected/tested marked and in respect of which a
certificate of quality has not been issued or signed by the inspectors.
12.9
In addition to
the general conditions of the inspection state above, the contractor shall also
satisfy all the specific conditions of inspection as numerated in the
specification attached.
12.10
In addition to
inspector(s), the Organisation shall be entitled to nominate/depute or
designate a representative to be stationed at the contractor's factory in order
to supervise and/or coordinate operations related to the contract. In the event of there being more than one
factory involved in the work entrusted to the contractor, the Organisation
shall be entitled to nominate/depute or appoint such representative(s) as
necessary in respect of each such factory.
12.11
The Contractor
shall at his cost afford and ensure proper working facilities to the said
representative(s) at the factory(ies) to enable him to
perform his functions, and shall furnish him with all such information, data
and assistance as he may require for the proper performance of his functions.
12.12
The posting of such a representative by the
Organisation or his actions in any manner does not absolve the contractor of
any liability and/or responsibility
under this contract. The representative's
posting shall be treated as advisory
to the Organisation.
12.13
For false calls for the cases where material is
rejected on inspection, the supplier
will bear the actual cost of inspection incurred/suffered by the Organisation.
12.14
Place of inspections specified in supply order will
not be changed without written
confirmation from Purchase Authority.
13.
If the
Organisation finds that MATERIAL supplied are not of the correct quality or not
according to specification required or otherwise not satisfactory owing to any
reason of which the Organisation will be the sole judge, the SUB-STANDARD
MATERIAL/REPLACEMENT OF REJECTED GOODS
13.1
Organisation
will be entitled to reject materials, cancel the contract and buy its
requirement in the open market at the risk and cost of supplier, reserving always to itself the
right to forfeit the security deposit/performance bonds placed by the supplier
for the due fulfillment of the contract.
13.2
Rejected goods
should be removed and replaced within 14 days of the date of communication of rejection.
14.
SUBLETTING AND
ASSIGNMENT
The contractor shall not, save with the previous
consent in writing of the purchase Authority, sublet, transfer or assign the
contract or any part thereof or interest therein or benefit or advantage
thereof in any manner whatsoever provided nevertheless that any such consent
shall not relieve the contractor from any obligation, duty or responsibility
under the contract.
15.
CUSTOM DUTY
The supplier will send catalogue/literature of the
equipment/spares to all the port consignees specified in the order along with a
certificate to the effect that the material in question is consigned and meant
for the Organisation so that the correct rate of custom duty as applicable to
the equipment/spares is charged. Should
the supplier fail in producing literature/catalogue and certificate as above,
the supplier shall be liable to pay any additional amount of duty which had to
be incurred because of the failure on the part of the supplier.
16.
INTER
CHANGEABILITY OF PARTS
16.1
If against any
item, it becomes necessary to supply spare parts being of different part other
than specified, the contractor shall be required to give the following
certificate to the purchaser before arranging supply of spare parts being
different part numbers. If there is any
obvious typographical or clerical error in the part number and/or description
of any item, the supplier will supply the correct part. The aforesaid
certificate should be supplied in such cases also. The supplier will furnish this certificate in
either case, to the paying authority. No
formal amendment is necessary in such cases.
"The changed part numbers are exact replacement
of parts ordered and are suitable for and will fit in equipment/machines and
the existing fittings for which they are intended without in any way affecting the efficiency and quality of performance of the equipment/machines".
16.2
If, however, the
substitute spare part is not a bare replacement of the part originally ordered
and involves a purchase of other items in addition, as would be the case when a
kit is offered instead of one small item(s) forming part of the kit, the supply
of the kit would be subject to the following conditions :-
(a)
The supply of
the kit will be accompanied with a certificate that the manufacturers have
definitely stopped supply of the spare parts but supplying only a kit.
(b)
The spares will
not be supplied as kit unless prior acceptance of the same has been obtained
from the purchaser.
(c)
In case the
supply of the kit involves any change in the price and if so, the revised price
would be stated for scrutiny and incorporation of the same in the supply order,
if found acceptable.
16.3
Provided further
that if any part numbers are declared by the purchaser to be unsuitable to the
machines for which they have been supplied within 60 days from the date of
arrival of the stores at site, the supplier will take them back at their own
cost and expense.
17.
BULK SUPPLIES
17.1
Before
commencing bulk manufacturing, the supplier if so advised would be required to
forward two units of the items as samples supported by at least three sets of
manufacturing drawing for approval of Inspecting Officer. Such an approval may take about 30 days time
which should be catered for and included by the supplier within the delivery
schedule. The inspecting officer will
return one set of the sample and manufacturing drawings as token of
approval. Such an approval will cover
the risk of rejection of material on account of defective manufacturing
procedure.
17.2
The supplier
shall arrange for all testing facilities required by the inspecting officer
free of charge in his plant. If the
facilities for such tests are not available in the supplier's plant, the
inspecting officer may carry out such tests in any other test house/laboratory
as desired by him and in that event the test charges shall be reimbursed by the
suppliers if the samples are not found acceptable whereas if the
samples are acceptable, the cost will be borne by the Organisation. The bulk shall be inspected with reference to
approved sample and manufacturing drawing. The sampling procedure shall be
decided by the inspecting authority.
17.3
The supplier
shall give 21 days notice of the readiness of material for inspection.
18. BREAKAGE
SHORTAGE (Not Applicable for FOB Contract)
Claim in respect of breakage shortages, if any, shall
be preferred on the supplier within thirty days from the date of receipt of
stores at destination by Ultimate consignee which shall be replaced made good
by the supplier at his own cost..
All risk or loss or damage to the material shall be
upon the supplier all it is delivered in accordance with the terms and
conditions of the supply order.
19. DESIGNS,
PATENTS AND ROYALTIES
If any material used or methods or processes
practiced or employed in the manufacture of items to conform with the
requirement of the contract is are covered by a patent(s) in respect of which
contractor is not licensed, the contractor shall before using the material,
method or process, as the case may be, obtain such license(s) and pay such
royalty(ies) and license-fee(s) as may be necessary. The contractor shall keep the Organisation
indemnified from and against any and all claims, actions, demand and
proceedings whatsoever brought or made against the Organisation on the basis of
any patent or infringement there of claimed or otherwise relating to and
arising from any method or process employed or matter or thing done to or in
connection with any work executed by the contractor shall at their own risk and
expense defend any suit for infringement or patent or like suit brought against
the Organisation (whether with or without the contractor being a party thereto
and shall pay damages and costs awarded in such suit and keep the Organisation
indemnified from and against all consequence thereof.
20.
FORCE MAJEURE
In the event of either party being rendered unable by
force majeure to perform any obligation required to be performed by them under the contract, if any
concluded, the relative obligation of the party affected by such force majeure
lasts. The terms "Force
Majeure" as implied here in shall mean acts of God, War, Civil riots, fire
directly affecting the performance of the contract, floods and Acts and
Regulations of respective Government of the two parties, namely the
Organisation and the contractor. Both
upon the occurrence of such cause and upon its termination, the party alleging
that it has been rendered unable as aforesaid, shall within seventy two hours
of the alleged beginning and ending thereof giving full particulars and
satisfactory evidence in support of its claim. If deliveries are suspended by force majeure conditions lasting for more
than 2(two) months, the Organisation shall have the option of canceling this
contract in whole or part at its discretion without any liability on its part.
21.
LANGUAGE/TERMINOLOGY
The supplier shall ensure that the
language/terminology/description of goods used in supply order/bill of
lading/invoice is verbatim in English.
22.
REPEAT ORDER
Repeat order can also be placed with the supplier
upto 50% of the quantity of this order on the same terms and conditions as
stipulated in the original supply order, during the validity of this supply
order or within six months from the date of this supply order, whichever is
later. It is a condition of this order
and it will be obligatory on the part of supplier to execute such repeat
order(s) also as the consideration for this option on favour of the purchase
forms part of the main consideration under this order.
23.
FALL CLAUSE
(i)
The price for
the stores under the contract/supply order by the contractor/supplier shall in
no event exceed the lowest price at which supplier/contractor or his
agent/principal/dealer as the case may be, sells the stores or offers to sell
stores of identical description to any persons/organisations including the
purchaser or any department of the Central Government or any Department of
State Government or any Statutory Undertaking of the Central or State
Government, as the case may be, during the currency of the contract supply
order.
(ii)
If at any time,
during the said period, the contractor/supplier or his agent/principal/dealer
as the case may be, reduces the sales price, sells or offers to sell such
stores to any persons/organisations including the purchaser or any Department
of Central Government or any Department of a State Government or any statutory
undertaking of the Central or State Government, as the case may be, at a price
lower than the price chargeable under the contract/supply order, he shall
forthwith notify such reduction or sale or offer of sale to the Purchase Authority
who has issued this supply order and price payable under the supply
order/contract for the stores supplied after the date of coming into force
of such reduction or sale or offer of
sale shall stand correspondingly reduced. The above stipulation will however, not apply to :
(a)
Exports by the
contractor/supplier; or
(b)
(iii)
The
contractor/supplier shall furnish the following certificate to the concerned
Paying Authority along with each bill for payment for supplies made against
this supply order/contract :
"I/We
certify that there has been no reduction in sale price of the stores of description identical to the
stores supplied to the (... Name of
the Organisation) under the contract/supply order here in and such stores have not been offered/sold by me/us
to any person/organisation including the purchaser or any Department of Central
Government or any Department of a State Government or any statutory undertaking
of the Central or State Government, as the case may be, upto the date of bill/
during the currency of the supply order/contract whichever is later at a price
lower than the price charged to the Organisation under the contract/ supply
order except for quantity of stores categories under sub-clauses (a) and (b) of
sub-para (ii) above, details of which are as follows :
24.
PACKING &
MARKING
24.1
The supplier
shall consign/ship the stores in sea worthy/Airworthy packing conforming to the
prescribed standards in force to withstand air/ocean/land journey and ensuring
the safety of cargo en-route and also arrival of material at ultimate
destination in good condition. The
consignment shall be comprehensively insured against all risks by the suppliers
in case of CIF contracts from contractor's warehouse basis and each case/packing
shall have on its outer side, the following marking in English in indelible
ink.
(a)
Country or
origin
(b)
Name of supplier
(c)
Case number
(running number upon total number of boxes)
(d)
Gross and net
weight in kilogram on each box
(e)
(f)
Consignee
(g)
TOP/DON'T
TURNOVER/HANDLE WITH CARE
(h)
The equipment
which cannot be packed shall bear metal tags with above marking indicated
thereon. Each box shall contain one copy
of packing list in English.
24.2.1
Each package
shall have a detailed packing list in duplicate indicating :
(i)
Supply order
number and date
(ii)
Brief
description of consignment
(iii)
Name of the Port
consignee as well as ultimate consignee
(iv)
Vendor's Name
(v)
Name of the
purchaser
(vi)
Item-wise
nomenclature and part number and given reference with quantities to assembly
drawing.
(vii)
Tag number for
all items contained in the package.
24.2.2
Another copy of
the packing list shall be put in a waterproof envelope and fastened securely to
the outside of the package as well as to unpacked pieces or bundles.
24.2.3
It must be
ensured that box-wise and port-wise packing lists are made and sent to the
concerned port consignee along with port-wise invoice thereof. The following certificates along with advance
set of non-negotiable documents will be sent while claiming payment against the
letter of credit :
"Certified that packing of the material against
the supply order has been port and consignee-wise as indicated in the supply
order and concerned invoice has accordingly been prepared separately for
material shipped port/consignee-wise.
25.
INSURANCE
In case of FOB contract, the supplier on the account, air freight/ship the material before getting the
confirmation from the port consignee regarding insurance coverage. If the contract is placed on CIF basis, the
supplier must ensure the insurance coverage of contracted stores before
delivery from the supplier.
26.
SHORT/DAMAGE/DEFECTIVE/NON-RECEIPT
OF MATERIAL
The supplier is responsible for safe arrival of the
material upto destination. Should there by any shortage/breakage of material found, the Port
consignee within a period of 15 days from the date of clearance of material at
the port, will lodge claim with the under-writer under intimation to the
purchaser and supplier. In case the
shortage/damage of material is found at ultimate destination, then the ultimate
consignee, within a period of 30 days of receipt of material at destination,
will lodge claim with the carriers and under-writer under intimation to the
Purchaser, port consignee and supplier. The purchaser in question will also take up the matter with the supplier
to make good the deficiency.
27.
SHIPPING
INSTRUCTIONS
27.1
The supplier
shall notify the purchaser, and the port as well as ultimate consignee the
cable, the bill of lading and destination, brief description of stores,
gross/net weight and total number of packages, quantity, value and supply order
number and date within 2 days from the departure of the ship from the port of
loading. Simultaneously, the advance (s)
of non-negotiable shipping documents which should also contain one set of
technical catalogue/manual booklets etc. of the materials so shipped should
also be sent to port consignee for production to custom authorities one week in
advance, prior to shipment/air freightment.
27.2
ADDITIONAL SHIPMENT
INSTRUCTIONS
27.3
NON-INVOLVEMENT
OF AGENT/CONSULTANT/REPRESENTATIVE/ ASSOCIATE
In the event of non-involvement of
agent/consultant/representative/ associate, the supplier/consortium shall
affirm the fact as follows :-
(1)
M/s
_______________________________________________________
Have not indicated in their bid
either involvement of any agent/consultant/ representative/retainer/associate
or payment of any remuneration therefor in
However, in case, it
is established at any subsequent point of time that supplier's/contractor's
above statement is not correct or that any other amount or remuneration either
in India or abroad is being paid/paid to any one (who is not an employee of the
supplier/contractor) against this supply order/contract, the
supplier/contractor is likely to lose further business with this organisation.
28.
SHIPPING DOCUMENTS
28.1
The following
documents must be sent along with shipping documents :-
(a) Complete
set of clean Bill of Lading (Negotiable) Airway Bill ( negotiable) made to order and bank endorsed
wherever applicable. The Bill of Lading/ Airway
bill will also be endorsed by the shipper freight
to pay/freight pre-paid basis; as per terms of the order.
(b) Invoice showing value item-wise as per supply order for
customs purposes, in triplicate
drawn in the name of the (...... Name of the Organisation
.....) and duly manually signed by the supplier/authorised
representative. For any inland charged,
the supplier will give certificate
if their correctness for being at actuals.
(c) Certificate of test inspection from manufacturer/supplier.
(d) Certificate of warranty/guarantee from Manufacturer.
(e) Certificate for origin from Chamber of Commerce of the
exporting country.
(f) Certificate of recent manufacture. The material should not be older than one year reckoned from the date of
shipment.
(g) Packing list, package-wise and port-wise giving package marks
and numbers should be stenciled
on all the sides of the packages etc. for easy identification at the port to avoid misplacement
and loss of package.
(h) Insurance certificate policy giving all details where
insurance is required to be
arranged by the supplier. Insurance
risks should cover upto 90 days
after receipt of materials at the port of entry in I ndia.
(i) Certificate from purchaser regarding submission of
performance Bond by the supplier.
28.2
For collecting
payment against Letter of Credit, the supplier in addition to the certificate
required shall also give the following certificate in duplicate, original being
manually signed by the supplier or his authorised representative.
(a) Supplies both as to quantities and value are in terms of the
supply order and we undertake to
refund forthwith to the ( Name of the Organisation ) claimed out side the
terms of the supply order.
(b) Certified that the material covered by the invoice has passed
the test and inspection and conforms
in every way to the correct specifications
as per supply order/contract. It is
further certified that the invoice and
other non-negotiable copies (3 sets) of the documents
have despatched, each to Port consignee and Ultimate consignee vide letters No.___________________ date _________.
28.3
All the invoices
shall bear the following certificates, the original copy being manually signed
by the supplier or his authorised representative :-
"The material covered by invoice has passed test
and inspection of manufacture and conforms in every year to the contract
specifications and is packed in accordance with contract requirements. The invoice is correct in every particular
and no other invoice except proforma invoice has been tendered previously in
respect of the articles charged for".
28.4
Notification of
shipment as and when effected shall be promptly intimated to the following
parties with copies of documents as indicated below against each :-
(Copies of documents to be sent to)
Sr. No.
|
Parties to whom notification of shipment shall be
intimated
|
Comm-ercial lnvoice
|
Non-negotiable bills of lading along with sets of
technical literature viz parts, catalogue and maintenance manuals
|
Packing list (Box-wise)
|
Certificate guaranteeing that stores conform to specifications
|
Insurance (In case CIF Contracts) Certificate
together with catalogue/technical literature leaflets
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
1.
|
Purchaser
|
2
|
1
|
1
|
1
|
---
|
2.
|
Ultimate Consignee
|
1
|
1
|
1
|
1
|
---
|
3.
|
Port Consignee
|
2
|
2
|
2
|
2
|
---
|
4.
|
Purchase Officer,
FTII,
|
1
|
1
|
1
|
1
|
---
|
28.5
It is the
responsibility of the supplier to ensure that shipping documents are despatched
promptly after shipment; otherwise, the expenses if any incurred on account of
late/defective receipt of documents will be to the account of supplier which
will be deducted from his and/or his agents bill.
28.6
REFERENCE OF
SUPPLY ORDER ON BILL OF LADING
It will be ENSURED that supply order number and date
is indicated on Bill of Lading.
28.7
CATALOGUE OF
SPARE PARTS/MANUALS OF OPERATING/ MAINTENANCE/REPAIRS
It will be a condition of Letter of Credit that
within two months from the date of the receipt of supply order, the supplier
will send two copies of catalogue of spare parts/manuals of
operating/maintenance/repairs to the purchaser. The supplier, in the case of bought out spare parts will also furnish
name of the manufacturer, specification and identification number. The purchaser will send acknowledgment of the
receipt of above information/document which will be produced by the supplier
along with negotiable copy of Bill of Lading. In addition, the supplier will send two copies of catalogue of spare
parts/manual of operating/maintenance/ repairs and spare parts to port
consignee and one copy each to ultimate consignee along with material. A certificate of compliance of above will be sent
by the supplier along with negotiable and non-negotiable copy of Bill of
Lading.
29.
IMPORT AND
FOREIGN EXCHANGE
29.1
Subject to the
exigencies of availability of foreign exchange and certification regarding
foreign exchange in existence from time to time, the Organisation will obtain
the import license as applicable for import of equipment and components which
in the opinion of the Organisation have necessarily to be imported for the
fulfillment of the contract. It will be
the tenderers responsibility to provide correct and relevant information to the
Organisation in respect of the equipment to be supplied to enable them to
obtain the necessary import licenses.
29.2
The Tenderers
should note that a license will not be valid for clearance if the actual CIF
Value exceeds what is shown in the license.
29.3
All tenders are
notified (in the event of a contract being concluded) that any shipment made
before the date of issue of an import license or after its expiry is treated as
unauthorised. Similarly, if the
conditions of the license are not fulfilled, the imports could be
unauthorised. Unauthorised import of
goods is an offence, liable for adjudication by the custom authorities in which
the Import Control authorities cannot interfere. No representation in this behalf will,
therefore, be entertained and the party will be required to deal with the
Customs Authorities directly.
30.(a) EXCHANGE RATE FLUCTUATION
30.a.1 For supplies made within contractual delivery
schedule, the payment to the extent of foreign exchange remitted (which should
be within the contractual delivery schedule) not exceeding foreign exchange
component specified in the supply order/contract shall be made in equivalent
Indian rupees at the B.C. Selling rate of exchange prevailing on the date of
actual payment for the imported supplies, based on the proof of remittance by
the supplier.
30.a.2 In case of delay in supplies/remittance beyond
the contractual delivery schedule, the decrease in value of foreign currency
vis-a-vis Indian Rupees during the delayed period of the supply order/contract
will be availed by the Organisation. However, in case of an increase in value of foreign currency vis-a-vis
Indian Rupees during the delayed period, the foreign exchange component shall
be paid at the B.C. Selling rate prevailing on the original delivery date as
per the supply order/contract.
30.(b) PROGRESS OF MANUFACTURING OF ITEMS
From the date of receipt of order, the manufacturer
will send report on monthly basis to the purchase Authority about the progress
on manufacturing of item(s) ordered for him. The monthly progress report will be sent on regular basis till
completion of entire supply as per delivery date indicated in supply order.
31. ARBITRATION
If any dispute, difference, question or disagreement
shall at any time, hereafter arise, between the parties hereto or the
respective representatives or assignees in connection with or arising out of
the contract or in respect of meaning of specifications, design, drawings,
estimates, schedules, annexures, orders, instructions, the construction,
interpretation of this agreement, application of provisions thereof or anything
hereunder contained or arising hereunder or as to the rights, liabilities or
duties of the said parties hereunder or any matter whatsoever incidental to his
contract or otherwise concerning the works of execution or failure to execute
the same, whether during the progress of work of stipulated/extended periods or
before or after the completion or abandonment thereof, it shall be referred to
the sole arbitration of the person appointed by the Secretary, Ministry of
Information & Broadcasting, Government of India/Prasar Bharati Board. It will be no objection to any such
appointment that the arbitrator so appointed is an employee of this Organisation
or that he had to deal with the matters to which contract relates and that in
the course of his duties as this Organisation's employee he had expressed views
of all or any of the matters in dispute or difference.
If an arbitrator to whom the matter is referred dies
or refuse to act or resigns for any reason from the position of arbitrator, it
shall be lawful for the Secretary, Ministry of Information & Broadcasting, Government of India/Prasar Bharati Board to appoint another
person to act as arbitrator in the manner aforesaid. Such person shall be entitled to proceed with
the reference from the stage at which it was left by his predecessor if both
the parties consent to Secretary, Ministry of Information & Broadcasting, Government of India/Prasar Bharati Board to this effect
failing which the arbitrator will be entitled to proceed de-novo.
It is a further term of this contract that no person
other than the person appointed by the Secretary, Ministry of Information &
Broadcasting, Government of India/Prasar Bharati Board
as aforesaid shall act as arbitrator and that, if for any reason that is not
possible, the matter is not to be referred to the arbitration at all.
The arbitrator(s) may from time to time, with the
written consent of all the parties to the contract enlarge the time for making
and publishing the award.
It is a term of contract that the party invoking
arbitration shall specify the dispute or disputes to be referred to arbitration
under the clause.
It is also term of the contract that contractor shall
not stop the work under this contract and work shall continue as expected to
continue whether the arbitration proceedings have commenced or not.
The arbitrator shall give reasoned award in respect
of each dispute or difference referred to him. The award as aforesaid shall be final and binding on all the parties to
the contract in accordance with the law.
The Venue of the arbitration shall be at
33.
*APPLICABLE LAW
This contract, including all matters connected with
this contract, shall be governed by the
*To be included in the international Contract.
APPENDIX TO ANNEXURE-II(GTC)
PROFORMA
FOR BANK GUARANTEE FOR PERFORMANCE BOND
(To
be stamped in Accordance with Stamp Act)
The
Non-Judicial stamp paper should be in the name of issuing bank
Ref :_____________________ Bank
Guarantee No. ____________________
To,
The Director,
Film and Television Institute of
PUNE 411 004.
Dear Sirs,
1.
In consideration
of the Film & Television Institute of India, Pune having its head office at
Pune (herewith referred to as the Organisation which expression shall, unless
repugnant to the context or meaning thereof, include all its successors,
administrators, executors and assignees) and having entered ____________ into a
contract dated __________( hereinafter called "the contract" which
expression shall include all the amendments thereto) on behalf of the Director,
Film & Television Institute of India, with M/s ____________ having its
Head/Registered office at (hereinafter referred to "the contractor"
which expression unless repugnant to the context having been executors and
assignees) and the contract having been unequivocally been accepted by the
contractor resulting in a contract bearing No.____________ dated ___________
Valued at Rs. ____________ (Rupees _________________ (in words) for
_________________________________________, the organisation having agreed that
the contractor shall furnish to the Organisation, performance guarantee for the
faithful performance of the entire contract to the extent of 10% of the value
of the contract Rs.____________ (in words) We __________________ (Name of the
Bank) having its registered office at (hereinafter referred as "the
Bank" which expression shall, unless repugnant to the context or meaning
thereof, include all its successors, administrators, executors and assignees)
do hereby guarantee and undertake to pay immediately on first demand in writing,
in Rupees or in such convertible currency as acceptable to the Organisation,
any and all money the extent of Rupees ___________ (in words). In aggregate at any time without any demur, reservations, recourse,
contest or protests and or without any reference to the contractor. Any such demands made by the Organisation on
the Bank shall be conclusive and binding notwithstanding any difference between
the Organisation and contractor or any dispute pending before any court,
Arbitrator or any other authority. We
agree that guarantee herein contained shall be irrevocable and shall continue
to be enforceable till it is discharged by the Organisation in writing.
2.
The Organisation
shall have the fullest liberty without affecting in any way the liability of the
Bank under this guarantee, from time to time, to extend the time for
performance of the contract by the contractor or vary the terms of the
contract. The Organisation shall have
the fullest liberty without affecting this guarantee to postpone from time to
time the exercise of power vested in them or of any right which they might at
anytime in any manner, and either to enforce, or to forebear to enforce, any
covenants contained or implied in the contract between the Organisation and the
contractor or any other course or remedy or security available to the
Organisation. The Bank shall not be
released of its obligations under these presents by any exercise by the
Organisation of its liberty with reference to matters aforesaid or any of them
or by reason of any other act of forbearance or other acts of omission or
commission on the part of the Organisation or any other indulgence shown by the
Organisation or by any other matter or thing whatsoever, which under law would,
but for this provision, have the effect of relieving the Bank.
3.
The Bank also
agree that the Organisation at its option, shall be entitled to enforce, this
Guarantee against the Bank as a principal debtor, in the first instance,
without proceeding against the contractor and notwithstanding any security or
other guarantee that the Organisation may have in relation to the contractors
liabilities.
4.
The Bank further
agrees that the Guarantees herein contained shall remain in full force during
the period that is taken for the performance of the contract, i.e. complete
delivery of the material/equipment as the same is a condition of supply
contract and all the dues of the Organisation under or by virtue of this
contract, have been fully paid and its claim satisfied or discharged or till
the Organisation discharge this guarantee in writing.
5.
We further agree
that as between us and the Organisation for the purpose of this guarantee, any
notice given to us by the Organisation that the money is payable by the
contractor and any amount claimed in such notice of the Organisation shall be
conclusive and binding on us notwithstanding any difference between the
Organisation and the contractor or any dispute pending before any Court,
Tribunal, Arbitrator or any other authority. We further agree that this Guarantee shall not be affected/discharged by any change in our constitution, in the constitutions of the Organisation and
that of the contractor. We also
undertake not to revoke this guarantee during its currency. This guarantee shall not be determined,
discharged or affected by the liquidation, winding up, dissolution or
insolvency of the contractor and shall remain valid, binding and operative
against the Bank.
6.
Notwithstanding
anything contained herein above, our liability under this guarantee is limited
to Rs. (Rupees) (in figures) (in words) in aggregate and it shall remain in
full forces upped and including 60 days after (Indicate the date of expiry of
Guarantee/Warranty period) unless extended further from time to time, for such
period as may be instructed in writing by M/s
(......................................) on whose behalf this guarantee has
been given, in which case it shall remain in full force upto the expiry of the
extended period. Any claim under this
guarantee must be received by us before the expiry of 60 days from
_______________________ (indicate the date of expiry of Guarantee/Warranty
period) or before the expiry of the 60 days after the expiry of extended
period, if any if no such claim has been received by us within 120 days after
the said date/extended date, the right of the Organisation under this guarantee
will cease. However, if such a claim has
been received by us within and upto 120 days after the said date/extended date,
all the rights of the Organisation under this Guarantee shall be valid land
shall not cease until we have satisfied that claim.
7.
** The Bank
confirms that this guarantee has been issued with the approval of the
appropriate Exchange Control, Rules and regulations of the country.
We also agree that this guarantee shall be governed
and constructed in accordance with India Laws and subject to the exclusive
jurisdiction of Indian Courts.
* The Bank also agree that
Courts of New Delhi, India shall have exclusive jurisdiction.
Dated this day
of
At
Witness No.1
(Signature) Signature
(Full name and official (Full
name and official
address in capital letters) address
in capital letters)
(Designation
with Bank
stamp)
Attorney
as per Power of
Attorney
No.....................
Date
* Applicable
where the party is foreign one.
** Applicable where the
party is Indian.
INSTRUCTIONS FOR FILLING UP BANK GUARANTEE FOR PERFORMANCE BOND
1.
The Bank
guarantee should be stamped in accordance with stamp act.
2.
The non-judicial
stamp paper should be in the name of the issuing bank.
3.
Clause 7 of the
bank guarantee is applicable when outside party is a foreign one. When the other part(s) is/are Indian, the
alternative clause may be retained as follows :-
"The bank also agrees that Court of New Delhi,
India shall have exclusive jurisdiction".
4.
Please indicate
the currency in which bank guarantee is being given, Rupees/
5.
The period 120
days mentioned in clause 6 should be available after the expiry of the validity
period/satisfactory performance, as the case may be, or any extension of such
period.
6.
The Bank
Guarantee by Indian bidders will be given from Nationalised/ Scheduled Bank
only. The Foreign Bidder will give bank
GUARANTEE from an Indian Bank situated in Bidder's country/ In case, no Indian bank is situated in
Bidder's country, then Bank guarantee from foreign bank acceptable to the
Organisation will be considered.
7.
In the case of
guarantee by a foreign bank, the same should be got confirmed by an Indian
Public Sector Bank.
ANNEXURE-III
BID
EVALUATION CRITERIA
1. SAILENT
FEATURES BIDDERS CONFIRMATION
1.1
Open Tender No.
1.2
Two Bid System
1.3
Tender Fee
1.4
Validity period
of Bid 120 days from the date of opening i.e.
upto and inclusive of date of opening.
1.5 Bid
Bond As
per clause 5(1) of Invitation to Bid.
1.6 Security
Deposit Would be required on placement of
purchase order i.e. 10% of the ordered value in case FOB and
5% FOR Destination contract respectively and shall be valid for 60 days from
the date of expiry of guarantee/warranty.
1.7 Delivery
period As specified in the "Invitation Bid".
1.8 Closing
date of tender 12.00
Hrs on
1.9 Opening
date of technical bid 15.00 Hrs on
1.10 Opening
date of price bid Date as
may be separately notified later.
2.
VITAL COMMERCIAL
CRITERIA FOR ACCEPTANCE
2.1
The following
vital commercial conditions should be strictly complied with failing which the
bid will not be considered.
2.2
Bids should be
from actual manufacturers, public sector undertakings, supply houses
representatives distributors dealers agents authorised by foreign Principals.
SUBMISSION OF BID BOND/BANK GUARANTEE ALONG WITH BID
In case of domestic bidders, tender must be
accompanied with Earnest Money deposit in the form of either a Bank Draft FDR
Payable to DDO (Name of Organisation) or a Bank Guarantee from a Nationalised
Public Sector Bank with the tender document. Bank Guarantee by domestic bidders will be given on non-judicial stamp
paper as per stamp duty act applicable at
In case no Indian Public Sector Bank is situated in
the city of the Bidder, then the bank guarantee, obtained from a foreign bank
shall be got confirmed by any Indian Public Sector Bank and shall be covered by
Indian laws and be subject to the jurisdiction of Courts of the place of issue
of the Acceptance of tender.
The amount of Earnest Money Deposit should be as per
clause 5 of Invitation to Bid, subject to maximum ceiling of Rs.2.00 lakh,
offers without bid Bond will not be considered and summarily rejected.
2.3
Submission of
Security cum performance Bank Guarantee for execution of contract as well as
for satisfactory performance of equipment during warranty period by the
successful bidders.
2.4
Acceptance of
Failure and Termination Clause No.11 of Tender document.
2.5
Acceptance of
Arbitration Clause No.32 of tender document.
2.6
Acceptance of
Warranty and Guarantee Clause No.8 of tender document.
2.7
Acceptance of
jurisdiction Clause No.33 of tender document.
2.8
The Indian
Bidders are free to quote firm prices fully in Indian currency for the
indigenous portion and in foreign currency to the extent of imported component
of the supplies to be effected. For the
purpose of comparative evaluation, the quoted foreign exchange component will
be converted into Rupees at the Market rate prevailing on the date of opening
of price bid.
For supplies made within contractual delivery
schedule, the payment to the extent of foreign exchange (which should be within
the contractual delivery schedule) not exceeding component specified in the
supply order contract shall be made in equivalent Indian Rupees at the Market rate of
exchange prevailing on the date of actual payment for the imported supplies,
based on the proof of such remittance by the supplier.
In case of delay in suppliers remittance beyond the contractual delivery schedule, the decrease in value of
foreign currency vis-a-vis
2.9
The market rate
of exchange of State Bank of India (SBI) on the date of opening of price bid
shall be applicable for the purpose of comparison. Where the time lag, between the opening of price
bid and final evaluation exceeds of 3 months, the market rate of SBI on the
date of final evaluation will be adopted for conversion.
2.10
Indian Bidder
must clearly indicate the FE content and the requirement of currency in their
bid. The Organisation will not make
payment in foreign currency. Further,
import of raw material/components will have to be arranged by the Bidders
themselves and the Organisation will not provide an import license.
2.11
Foreign Bidders
should quote firm FOB, C&F and CIF price whereas Indian Bidders should
quote ex-works packed, for destination price.
3. CRITERIA
FOR LOADING OF BIDS
The
following criteria will be adopted for evaluation of bid :-
3.1
For
delivery/completion periods quoted longer than that specified in the bid
document, the quoted price shall be loaded 12% per extra week or part thereof
subject to a maximum of 5% of the quoted price. Offer with delivery/completion period longer than 10 weeks beyond the
stipulated delivery completion period will be rejected.
3.2
"For
evaluation, the CIF price will be worked out on the basis of FOB price of
foreign bidders plus Transchart freight rate + 1% of FOB VALUE towards
insurance".
3.3
Where only
Indian parties are in contention for an award of a contract in a tender, the
foreign exchange component will be loaded by a factor of 25% before evaluation
is made.
4. Bidders
will not indicate separate discount. Discount if any should be merged in the rates against the quoted
items. Discount, if any, indicated
separately will not be taken into account for evaluation purposes.
5.
Bidders from
6.
ALTERNATE FINANCING
The Organisation is also looking for alternative
financing arrangement against this tender. Offers given along with credit facilities would be preferred and shall
be given due weightage while evaluating bids as per Government guidelines,
issued from time to time. Bidders are
therefore requested to offer credit package for 3 years and more which may
include Government grants, soft credits, exports credits and/or mix of soft,
export and commercial credits etc. in the following order :-
a)
Export credits
available including those available to bidders, his collaborators and
subcontractors. The export credit may be
in the credit lines offered by the export Banks or other special agencies
approved by the respective Government including offers from commercial banks
who are authorised to make available such export credits.
b)
Supplier's
commercial credit from commercial banks.
c)
Buyer's credits
made available by commercial banks to this Organisation on the basis of a
request made by the bidders submission of his bid.
7.
Indigenous
bidders submitting their bids involving foreign exchange component will also be
required to offer the credit package for foreign exchange amendment in similar
order.
8. Bidders
should submit along with their bid, original offers in writing from their
financing agencies and such offers will be taken as commitment available to the
Film & Television Institute of India, Pune, and THE GOVERNMENT OF INDIA for
acceptance atleast for a period of 60 days beyond the validity of the offer.
9.
All financing
offers should contain clear details of the offer such as the amount and
currency in which it is proposed to be financed, the terms of the loan, the
period of draw down, the interest rate, commitment fee where applicable,
repayment schedule including frame, period proposed and other relevant points
for evaluation purposes.
10.
The Film &
Television Institute of India, Pune, and THE GOVERNMENT OF INDIA reserve the
right to accept fully or partly or to reject any financing offer at their
discretion.
11.
The details of
the financial package offered by the bidder should be included in the bid. The following proforma (with modification, if
necessary) may be used to describe the summary of the financial package along
with detailed package offered.
PROFORMA FOR FINANCIAL PACKAGE
a)
Type of
credit/grant
b)
Lenders
c)
Loan amount and
currency
d)
Draw down period
e)
Grace period of
loan repayment
f)
Duration of the
loan repayment
g)
Rate of interest
A) Firm
B) Floating
h)
Repayment
conditions
i)
Other financing
costs, if any
j)
Limitation on
eligibility
12.
VITAL TECHNICAL
CRITERIA FOR ACCEPTANCE OF BIDS
12.1
Quotation in
original must be from the manufacturers/authorised supply house.
12.2
In the case the
bidder is an authorised dealer/supply house, he should name the original
manufacturer. Bidder should furnish
warranty to quality from the manufacturer and also furnish a certificate from
the manufacturer that the bidder can quote items of the manufacturer
directly. Offers not complying with these requirement will be rejected, without any notice/back
reference.
12.3
Past performance
report of similar items earlier supplied to this Organisation will be taken into
consideration while evaluating this bid. The bid shall be rejected, if the past performance of the similar item
earlier supplied to the Organisation is found to be unsatisfactory.
ANNEXURE - IV
DESCRIPTION OF STORES AND TECHNICAL
SPECIFICATIONS
Description/Specifications, Material
Code, Quantities of Items
Rates to be quoted for each of the
following item in the "Price bid Schedule" of Rates as per Appendix –
8
Sr. No.
|
Description of the Material
|
Unit
|
Quantity
|
Rate per Unit
|
|
(A) Cubicals as per the following specifications
and attached diagrams
|
Editing Deptt.
|
Sound Deptt.
|
|
||
1.
|
Painting –
(a) Providing and applying Luster Paints
on walls.
(b) Providing and applying polishing on
paneling.
|
Sq. Ft.
Sq. Ft.
|
4800
900
|
3000
1000
|
|
2.
|
Flooring -
Providing and fixing wooden floors
|
Sq. Ft.
|
1350
|
700
|
|
3.
|
Providing and fixing -
POP flat false ceiling with spot lights
|
Sq. Ft.
|
1150
|
600
|
|
4.
|
Carpentary Works -
(a) Providing and fixing glass doors with
laminate finish including polishing,
painting
(b) Providing / suppling chairs
(c) Providing and fixing vertical blinds
* All Carpentary works work including of Veneer
and MDF paneling in the sound-proof room including labour
|
Nos.
Nos.
Sq. Ft.
|
11
16
100
Job
|
05
10
200
Job
|
|
5.
|
Electrical works (provisional cost including
light fixers)
|
Sq. Ft.
|
1150
|
600
|
|
6.
|
Contingency Miscellaneous for Partition and
Re-fixing
|
|
|
|
|
7.
|
Fees for design, details and supervision
|
|
|
|
|
(B)
|
Construction of
Technical Tables as per the diagrams attached.
|
Nos.
|
08
|
05
|
|