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- 1 - Govt. of Uttar Pradesh BID INVITATION FOR SUPPLY OF PRINTING PAPER Schedule No. Item Description Quantity 1 Cream Wove Paper – 60 G.S.M. (Flat/Reel) 2500 M.T. 2 White Offset Printing Paper -60 G.S.M. (Flat/Reel) 2000 M.T. IFB No. : 03/P/08-09 dated 02/06/2008 Directorate of Printing and Stationery Head Office : Sarojini Naidu Marg, Allahabad – 211 001 (U.P.) Ph. / Fax : 0532-2623371 Camp Office : Government Branch Press. 96, Mahatma Gandhi Marg, Opp. Raj Bhawan Gate No. 1, Hazratganj, Lucknow – 226 001 (U.P.) Ph. / Fax : 0522-2238828 e-mail: [email protected] Web-site: http://dpsup.up.nic.in

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Page 1: Govt. of Uttar Pradesh - Department of Printing ... - UPdpsup.up.nic.in/htm/tender.pdf · - 1 - Govt. of Uttar Pradesh BID INVITATION FOR SUPPLY OF PRINTING PAPER Schedule No. Item

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Govt. of Uttar Pradesh

BID INVITATION FOR SUPPLY OF PRINTING PAPER

Schedule

No.

Item Description Quantity

1 Cream Wove Paper – 60 G.S.M. (Flat/Reel) 2500 M.T.

2 White Offset Printing Paper -60 G.S.M. (Flat/Reel) 2000 M.T.

IFB No. : 03/P/08-09 dated 02/06/2008

Directorate of Printing and StationeryHead Office : Sarojini Naidu Marg, Allahabad – 211 001 (U.P.)

Ph. / Fax : 0532-2623371

Camp Office : Government Branch Press.96, Mahatma Gandhi Marg, Opp. Raj Bhawan Gate No. 1,

Hazratganj, Lucknow – 226 001 (U.P.)Ph. / Fax : 0522-2238828

e-mail: [email protected]: http://dpsup.up.nic.in

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Directorate of Printing and Stationery Govt. of Uttar Pradesh, Allahabad

INVITATION FOR BIDS (IFB) FOR SUPPLY OF PRINTING PAPER

IFB No. : 03/P/08-09 dated 02/06/2008

1. The Director, Printing & Stationery, U.P. Allahabad on behalf of Governor of U.P., invites on-line bids frommanufacturers for supply of different types of printing paper as listed below:-

Sl.No.

Brief Description of Different Typesof Printing Paper

Qty. EarnestMoneyDeposit(EMD)

DeliveryPeriod

(EquallyQty./month)

Turn Over(in Rs.)

1Cream Wove Paper – 60 G.S.M.(Flat/Reel)

2500M.T. Rs.5,00,000/-

4 Months 20 Crores

2 White Offset Printing Paper -60 G.S.M.(Flat/Reel)

2000M.T. Rs.4,00,000/-

4 Months 16 Crores

TECHNICAL SPECIFICATIONS

The following Technical Specifications which form part of the bid documents are as below :

Schedule No. 1 : Cream Wove paper – 60 G.S.M.

1 Brightness 75% minimum

2 Tensile Index 20/30 Nm/G (Minimum) (CD/MD)

3 Remaining parameters Should comply to the Standard of Bureau of IndianStandards, New Delhi

IS No. 1848-2007 (4th Revision) with latestamendment (if any)

4 Paper must be of virgin pulp. Paper madefrom recycled pulp would not beacceptable.

5 Sizes

5.1 Flat (500 sheet per ream)

1- 15 Kgsize 59.4x 84.1Cms

2- 7.5 Kgsize 42 x

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59.4 Cms

5.2 Reel Paper

1- 61 Cms wide Reel

2- 84.1 Cms wide Reel

Schedule No. 2 : White Offset Printing paper – 60 G.S.M.

1 Brightness 75% minimum

2 Tensile Index 25/35 Nm/G (Minimum) (CD/MD)

3 Remaining parameters Should comply to the Standard of Bureau of IndianStandards, New Delhi

IS No. 1848-2007 (4th Revision) with latestamendment (if any)

4 Paper must be of virgin pulp. Paper madefrom recycled pulp would not beacceptable.

5 Sizes

5.1 Flat (500 sheet per ream)

1- 15 Kg size 59.4 x 84.1 Cms

2- 7.5 Kg size 42 x 59.4 Cms

3- 10.1 Kg size 51 x 66 Cms

5.2 Reel Paper

1- 61 Cms wideReel

2- 84.1 Cms wideReel

General Specification applicable for both the schedules :

All the paper should have water mark as manufacturer name and contract year 2008-2009. 16 Water mark in A-1size and 8 water mark in A-2 size. In reel paper water mark should be in the same ratio

Packing:1. Reel Paper- Outside diameter of reel paper should be 75 – 80 Cms, outside diameter of internal

core 105 – 110 mm, Inside diameter of internal core 75-80 mm, Reel should be properly pluckedby either wood or plastic. Reel should be tightly wrapped so that in using with high speed weboffset machine moving properly at rate of 15,000 – 20,000 Impressions per hour smoothly withoutany hindrances. In Reel paper there should be maximum 3 joints properly gummed.

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2. Packing and Marking:

In reel paper would be written name of material, reel no. weight of reel, lot no., suppliers, name,year of manufacturing. It should be properly wrapped by paper and then with hessian cloth orwater proof cover. All the details mentioned above should above mentioned on the packing.

3. Flat pape:

500 sheet per packing, each packing having the name of material, lot no., weight, manufacturer’sname and year of manufacture. It should also be wrapped with hessian cloth or water proofmaterial. This bale must be labeled having above details.

2. The bid document is available at e-procurement website http://etender.up.nic.in . Interested bidders mayview, download the bidding document free of cost, seek clarification, attend the pre-bid meeting andsubmit their bid online up to the date and time mentioned in the table below.

IMPORTANT TIMELINES

(a) Date of publication of bidding document 02/06/2008 at e-procurement site http://etender.up.nic.in

(b) Start of sale / availability of bidingdocument on website

02/06/2008

(c) Seek clarification start date 09/06/2008

(d) Seek clarification end date 16/06/2008

(e) Pre-bid meeting 17/06/2008 at 11.30 Hrs. at Camp Office of Director,Printing and Stationery, 96, Mahatma Gandhi Marg,

Opp. Raj Bhawan Gate No. 1, Lucknow – 226 001

(f) Bid submission start date and time 18/06/2008 at 10:00 Hrs

(g) Bid submission end date and time 03/07/2008 up to 12:00 Hrs.

(h) Bid opening (technical bids only) dateand time

03/07/2008 at 14:30 Hrs.

(i) Bid opening (financial bids of qualifiedbidders at technical evaluation stage)date and time

05/07/2008 at 14.30 Hrs.

(j) Venue of bid opening (technical andfinancial)

Camp Office of Director, Printing and Stationery,

96, Mahatma Gandhi Marg, Opp. Raj Bhawan Gate No. 1,Lucknow – 226 001

(k) Contact Officer Mr. Bachchu Singh, Asstt. Director

(l) Cost of Bidding Document Rs.300/-

3. The bidders need to submit the cost of bidding document as stated in the table above through DemandDraft or Banker’s Cheque in favour of Director, Printing & Stationary, U.P. Allahabad along with their

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bids. The scanned copy of the Demand Draft or Banker’s Cheque must be submitted along with bids andthe original should be sent to the purchaser’s office at Lucknow before opening of bids.

4. Bidders must quote for the full quantity of the schedule for which he is submitting bid. The evaluation ofbids will be conducted on per schedule basis.

5. All bids must be accompanied by an Earnest Money Deposit (EMD) in the form of FDR or Bank Guaranteewhich is pledged in favour of Director, Printing and Stationery,U.P, Allahabad. The scanned copy of theEMD must be submitted along with bids and the original should be sent to the purchaser’s office atLucknow before opening of bids. FDR will be treated as Small Savings.`

6. The bids will be electronically opened in the presence of bidder’s representative at the venue, due date andtime mentioned in the table above.

7. The Purchaser reserves the right to cancel / annul the bidding process without assigning any reason thereof.

8. In the event of the date specified for the bid receipt and opening being declared as a closed holiday forpurchaser’s office, the due date opening of bids will be the following working day at the appointed time.

Director, Printing & Stationery, U.P.Allahabad

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INSTRUCTIONS TO BIDDERS

1. CONTENTS OF BIDDING DOCUMENTS

1 The Goods required to be supplied; bidding procedures and contract terms and conditions are prescribed inthe Bidding Documents. The Bidding Document include, the following :

Section I Instructions to Bidders (ITB)Section II Terms & Conditions of Contract (TCC)Section III Technical SpecificationsSection IV Sample Forms

2 The “Invitation for Bids” does not form part of the Bidding Documents and is included as a reference only. In case of discrepancies between the Invitation for Bid and the Bidding Documents listed in ITB Clause 1.1above, said Bidding Documents will take precedence.

3 The Bidder is expected to examine all instructions, forms, terms and specifications in the BidDocuments. Failure to furnish all information required as per the Bidding Documents or submission of thebids not substantially responsive to the Bidding Documents in every respect will be at the bidder’s risk andmay result in rejection of the bid.

2. CLARIFICATION AND AMENDMENT OF BIDDING DOCUMENTS

2.1 A prospective bidder, requiring any clarification on the Bidding Documents shall notify the Purchaser inwriting, through e-mail at the Purchaser’s mailing / e-mail address indicated in the Invitation of Bid. ThePurchaser shall respond in writing to any request for the clarification of the Bid Documents, which it receivesnot later than 15 days prior to the date of opening of the Bids.

2.3 At any time, prior to the date of submission of Bids, the Purchaser may, for any reason, whether at its owninitiative or in response to a clarification requested by a prospective bidder, modify bid documents byamendments.

2.3 Any clarification issued by the Purchaser in response to query raised by prospective bidders and amendmentsshall be posted / uploaded on the e-procurement website and shall form an integral part of bid documents andit may amount to an amendment of relevant clauses of the bid documents.

2.4 In order to afford prospective bidders a reasonable time to take the amendment into account in preparing theirbids, the purchaser may, at its discretion, extend the deadline for the submission of bids suitably. Suchextensions shall be posted / up-loaded on the e-procurement website.

3. DOCUMENTS CONSTITUTING THE BID

The bid prepared by the bidder shall comprise the following components:

(a) a Bid Form and a Price Schedule completed in accordance with ITB Clauses 4 and 5;

(b) documentary evidence established in accordance with ITB Clause 6 and 7 that the Bidder is eligibleand qualified to perform the contract if its bid is accepted; and

(c) Earnest Money Deposit (EMD) furnished in accordance with ITB Clause 8.

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4. BID FORM

4.1 The bidder shall complete the Bid Form and appropriate Price Schedule furnished in the Bidding Documents,indicating the brief description of the goods to be supplied by him, quantity and prices as per Sample Formsgiven in the bidding document.

5. BID PRICES

1 The bidder shall give the total composite price inclusive of all Levies & Taxes i.e. Sales / Value Added Tax& Excise, packing, forwarding, freight, octroi/entry tax and insurance etc. The basic unit price (Ex-factoryprice) and all other components of the price need to be individually indicated against each schedule for whicha bidder submits its bid as per the price schedule given in Sample Forms of the bidding document.

2 The price quoted by the bidder shall remain fixed during the entire period of contract and shall not be subjectto variation on any account. A bid submitted with an adjustable price quotation will be treated as non -responsive and rejected.

3 Discounts, if any, offered by the bidders shall not be considered unless specifically indicated in the priceschedule. Bidders desiring to offer discount shall therefore modify their offers suitably while quoting andshall quote clearly net price taking all such factors like Discount, free supply, etc, into account”.

4 The price approved by the Purchaser for procurement will be FOR destination which will be inclusive of allTaxes, Levies, packing, forwarding, freight and insurance as mentioned in ITB Clause 5.1 above. Breakupin various heads is for the information of the purchaser and any change in these shall have no effect on priceduring the scheduled delivery period.

6. DOCUMENTS REQUIRED TO BE SUBMITTED

1 The bidder shall furnish the following documents as part of technical bid.

(i) Certificate of Incorporation / Registration and Memorandum of Association.(ii) Article or Memorandum of Association or partnership deed as the case may be.(iii) Registration certificate from central excise and commercial tax department along with TIN

Number.(iv) In case of bidder, other than manufacturer, the manufacturer’s authorization certificate in the

format given in the bidding document.(v) An item-by-item commentary on the Purchaser's Technical Specifications demonstrating

substantial responsiveness of the items and services to those specifications or a statement ofdeviations and exceptions to the provisions of the Technical Specifications.

(vi) Analytical value of papers being offered by the bidder in its bid either from its own laboratory oran outside laboratory where such facilities exist.

(vii) Information on past supplies and satisfactory performance during last 3 financial years in theformat given in the bidding document (Form-7).

(viii) Balance Sheet for last 3 financial years as evidence that bidder has financial capability to performthe contract.

(ix) Documentary evidence about technical and production capability necessary to perform thecontract supported by a statement of installed / production capacity issued by the relevantregulatory authority.

(x) Income tax registration certificate along with PAN Number.(xi) Scanned copy of Earnest Money Deposit (EMD) in the form of FDR or Bank Guarantee.(xii) Bid Form filled and duly signed by the Bidder.(xiii) Bidding Document duly signed on each paper by the Bidder.

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All documents should be submitted electronically in the PDF format. However, the Financial Bidshould be submitted in the XLS format.

6.2 Samples: The bidder shall submit 3 (three) set (10 sheets each) of sample in A-4 size, free of cost, for test inthe Laboratories up to the time and date of opening of technical bids, failing which the technical bid will notbe opened and such bids will be summarily rejected. No sample sheet should bear Supplier’s / manufacturer’sstamp/seal or any other markings.

7. BIDDER’S QUALIFICATION REQUIREMENTS

7.1 The documentary evidence of the Bidder’s qualifications to perform the Contract shall establish to thePurchaser’s satisfaction that:

b) The bidder should be a manufacturer who must have manufactured, tested and supplied the items(s)similar to the type specified in the ‘Schedule of Requirements’ up to at least 80% of the quantity requiredin any one of the last 3 financial years.

c) Bids of bidders quoting as authorized representative of a manufacturer, meeting with the aboverequirement in full, can also be considered provided:

(ii) The manufacturer furnishes authorization in the prescribed format given in Sample Formsof the bidding document, assuring full guarantee and warranty obligations as per TCCClause 11 for the Goods offered; and

(iii) The bidder, as authorized agent has supplied at least 80% of the quantity specified in theSchedule of Requirements in any one of the last 3 financial years.

d) The bidder and/or manufacturer has achieved annual turnover in manufacturing of items similar to thetype specified in the schedule of requirements, not less than the one mentioned in the table below duringany one of the last three financial years. In case of the bidder offering more than one item, the annualturnover should not be less than the aggregate turnover of the items being offered by the bidder

ScheduleNo.

Brief Description of Different Types of PrintingPaper

Minimum Turnover in Rs. lacs

1 Cream Wove Paper – 60 G.S.M. (Flat/Reel) Rs.20 Crore

2 White Offset Printing Paper -60 G.S.M. (Flat/Reel) Rs. 16 Crore

e) The bidder should furnish the information on past supplies and satisfactory performance for both 7.1 (a)and (b) above, in the ‘Proforma for Performance Statement’ given in Sample Forms of the biddingdocument.

f) The bidder should clearly confirm that all the facilities exist in his factory for inspection and testing andthese will be made available to the Purchaser or his representative for inspection.

8. EARNEST MONEY DEPOSIT (EMD)

1 Bidder shall furnish, as part of his bid, a Earnest Money Deposit (EMD) for an amount of mentioned inInvitation for bids. The scanned copy of the EMD must be uploaded (PDF format) electronically along withthe bid. The original copy of the EMD should be sent at the purchaser’s address so as to reach latest up to thelast date and time for submission of bids.

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8.2 The exemptions to deposit EMD to SSI Units and State and Central PSUs located in U.P, up to the amountequal to their monetary limit, shall be considered only upon submission of Certificate along with bid issuedfrom District Industries Centre to this effect.

8.3 The EMD is required to protect the purchaser against the risk of bidder’s conduct, which would warrant itsforfeiture;

(a) If the bidder withdraws his bid during the period of bid validity specified by the bidder in the Bidform or

(b) In the case of successful bidder , if the bidder fails :(i) to sign the contract in accordance with ITB Clause 20 or (ii) to furnish performance security in accordance with ITB Clause 21.

4 The EMD shall be in the form of FDR or Bank Guarantee issued by a scheduled bank in favour of thepurchaser, valid for a period of 210 days from the date of bid opening of technical bid. A bid not secured asabove shall be rejected by the Purchaser being non-responsive at the technical bid opening stage and returnedto the bidder unopened.

5 The EMD of the unsuccessful bidder will be discharged/returned as promptly as possible, but not later than30 days after the expiry of the period of the bid validity prescribed by the purchaser pursuant to ITB Clause9.

6 The successful bidder’s EMD will be discharged upon the bidder’s acceptance of the purchase order andfurnishing the performance security.

9. PERIOD OF VALIDITY OF BIDS

9.1 Bid shall remain valid for 180 days from the date of opening of bids prescribed by the purchaser. A bid validfor a shorter period shall be rejected by the purchaser being non-responsive.

2 In exceptional circumstances, the purchaser may request the consent of the bidder for an extension to theperiod of bid validity. The request and the response thereto shall be made in writing. The Earnest MoneyDeposit (EMD) provided under ITB Clause 8 shall also be suitably extended. The bidder may refuse therequest without forfeiting his Earnest Money Deposit (EMD). A bidder accepting the request and grantingextension will not be permitted to modify his bid.

10. MODIFICATION AND WITHDRAWAL OF BIDS

1 No bid may be modified subsequent to the deadline for submission of bids. The bidder may modify orwithdraw its bid after submission, provided that written notice of the modification or withdrawal is receivedby the purchaser prior to the deadline prescribed for submission of bids along with a written power ofattorney authorizing the signatory of the withdrawal.

2 No bid may be withdrawn in the interval between the bid submission deadline and the expiration of the bidvalidity period specified in ITB Clause 9. Withdrawal of a bid during this interval may result in theforfeiture of the Bidder’s Earnest Money Deposit (EMD), pursuant to ITB Clause 8.3.

11. OPENING OF BIDS BY PURCHASER

1 The purchaser shall open the technical bids in the presence of bidders or their authorized representativeswho chose to attend, at the due date and time of bid opening. Authority letter to this effect, in the formatgiven in Sample Forms of the bidding document, shall be submitted by the bidders before they are allowedto participate in bid opening.

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2 A maximum of two representatives of any bidder shall be authorized and permitted to attend the bidopening.

3 The bidder’s names, Bid prices, modifications, bid withdrawals, requisite Earnest Money Deposit (EMD)and such other details as the purchaser, at its discretion, may consider appropriate will be announced at thetime of opening.

4 The financial bids of bidders whose Technical bids are found technically responsive and comply with thebid documents will only be opened at the date and time given in the bidding document. The bidder’srepresentative may be present at the time of opening of price bid at the pre-appointed time, date andvenue.

5 In the event, the venue of the bid opening, date and time is changed, such information shall be posted /uploaded on the e-procurement website.

11.5 The date fixed for opening of bids, if subsequently declared as holiday by the Government, the reviseddate of schedule will be notified. However, in absence of such notification, the bids will be opened onnext working day, time and venue remaining unaltered.

12. CLARIFICATION OF BIDS

To assist in the examination, evaluation and comparison of bids, the purchaser may, at its discretion askthe bidder for the clarification of its bid. The request for the clarification and the response shall be inwriting and no change in the prices of substance of the bid shall be sought, offered, or permitted, exceptto correct arithmetic errors identified by the Purchaser in the evaluation of the bids. However, no post bidclarification at the initiative of the bidder shall be entertained.

13. PRELIMINARY EVALUATION

1 Purchaser shall evaluate the bids to determine whether they are complete, whether any computationalerrors have been made, whether required sureties have been furnished, whether the documents have beenproperly signed and whether the bids are generally in order.

2 Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between the unitprice and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevailand the total price shall be corrected by the purchaser. If there is a discrepancy between words andfigures, the amount in words shall prevail. If the supplier does not accept the correction of the errors, hisbid shall be rejected.

13.3 Prior to the detailed evaluation pursuant to ITB Clause 14, the Purchaser will determine the substantialresponsiveness of each bid to the Bid Document. For purposes of these clauses, a substantially responsivebid is one which confirms to all the terms and conditions of the Bid Documents without materialdeviations. The purchaser’s determination of bid’s responsiveness shall be based on the contents of thebid itself without recourse to extrinsic evidence.

13.4 A bid, determined as substantially non-responsive will be rejected by the purchaser and shall notsubsequent to the bid opening be made responsive by the bidder by correction of the non-conformity.

5 The Purchaser may waive any minor infirmity or non-conformity or irregularity in a bid which doesn’tconstitute a material deviation, provided such waiver doesn’t prejudice or affect the relative ranking ofany bidder.

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14. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS

1 The Purchaser shall evaluate in detail and compare the bids previously determined to be substantiallyresponsive pursuant to ITB Clause 13.

2 The evaluation and comparison of responsive bids shall be done on the price of the goods offeredinclusive of Excise Duty, packing, forwarding, freight and insurance etc. as indicated in Column 7 of thePrice Schedule submitted by the bidders, but exclusive of Sales and other similar taxes & octroi/entry taxwhich will be paid extra as per actual, wherever applicable.

3 The Govt. of U.P. has issued a Government Order (G.O.) no. 706/18-5-2003-9(SP.)/95 dated 11 June,2003 amended by G.O. No. 1261/18/-5-2006-9(SP.)/95 dated 22 September, 2006 extending some pricepreferences to Industries situated in the state of U.P. (The above G.O. can be seen at the website of thedepartment http://dpsup.uip.nic.in ). The price preferences as mentioned in the above G.O. would beconsidered while carrying out financial evaluation on bids.

15. POST-QUALIFICATION

15.1 The Purchaser will determine to its satisfaction whether the Bidder that is selected as having submittedthe lowest evaluated responsive bid is qualified to perform the Contract satisfactorily, in accordance withthe criteria listed in ITB Sub-Clause 7.

2 The determination will evaluate the Bidder’s financial, technical, and production capabilities. It will bebased on an examination of the documentary evidence of the Bidder’s qualifications submitted by theBidder, pursuant to ITB Sub-Clause 7, and the information submitted by the Bidder in the ‘Proforma ForPerformance Statement’ for the period of last 3 years given in Section VI as well as other information thePurchaser deems necessary and appropriate.

3 An affirmative post-qualification determination will be a prerequisite for award of the contract to thelowest evaluated Bidder. A negative determination will result in rejection of the Bidder’s bid, in whichevent the Purchaser will proceed to the next-lowest evaluated Bidder to make a similar determination ofthat Bidder’s capabilities to perform satisfactorily.

16. AWARD CRITERIA

Pursuant to ITB Clause 15, the Purchaser shall award the Contract to the Bidder whose bid has beendetermined to be substantially responsive and has been determined to be the lowest evaluated bid andwhose goods have been type approved/validated by the purchaser.

17. PURCHASER’S RIGHT TO VARY QUANTITIES

The Purchaser reserves the right at the time of Contract award or within the stipulated last date ofdelivery, to increase or decrease, by 25%, the quantity of goods and services beyond that originallyspecified in the Schedule of Requirements without any change in unit price or other terms and conditions.

18. PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and rejectall bids, at any time prior to award of contract without assigning any reason whatsoever and withoutthereby incurring any liability to the affected bidder or bidders on the grounds of purchaser’s action.

19. ISSUE OF NOTIFICATION OF AWARD

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1 The issue of Notification of Award shall constitute the intention of the Purchaser to enter into contractwith the bidder.

2 Prior to the expiration of the period of bid validity, the Purchaser will notify the successful Bidder inwriting by registered letter or by cable, to be subsequently confirmed in writing by registered letter, thatits bid has been accepted

3 The bidder shall within 7 days of issue of the Notification of Award, give his acceptance along withperformance security in conformity with format given in sample Forms provided with the biddingdocument.

20. SIGNING OF CONTRACT

20.1 The issue of Notification of Award shall constitute the award of contract on the bidder.

20.2 Promptly after the Purchaser notifies the successful Bidder that its bid has been accepted, the Purchaserwill send the Bidder the Contract Form provided in the Bidding Documents, incorporating all agreementsbetween the parties.

20.3 Within seven (7) days of receipt of the Contract Form, the successful Bidder shall sign and date theContract Form and return it to the Purchaser along with Performance Security as mentioned in ITBClause 21 below.

21. PERFORMANCE SECURITY

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1 Within seven (7) days of the receipt of notification of award from the Purchaser, the successful Biddershall furnish the performance security in accordance with the Terms & Conditions of Contract, using thePerformance Security Form provided in the Bidding Documents, or in another form acceptable to thePurchaser.

2 Failure of the successful Bidder to comply with the above requirement shall constitute sufficient groundsfor the annulment of the award and forfeiture of the Earnest Money Deposit (EMD), in which event thePurchaser may make the award to the next-lowest evaluated bid submitted by a qualified Bidder or callfor new bids.

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TERMS & CONDITIONS OF CONTRACT (TCC)

1. DEFINITIONS

In this Contract, the following terms shall be interpreted as indicated:

(a) “The Purchaser” means the Director, Printing & Stationary, U.P., Allahabad, the organizationpurchasing the Goods.

(b) “The Bidder” means the firm who participates in the bid invitation and submits its bid.

(c) “Days” means calendar days.

(d) “TCC” means Terms & Conditions of Contract.

(e) “The Supplier” means the firm supplying the goods and Services under the contract.

(f) “The Goods” means all type of papers mentioned in schedule of requirement of the biddingdocument which the Supplier is required to supply to the Purchaser under the contract.

(g) “Services” means services ancillary to the supply of the Goods, such as transportation andinsurance, and any other incidental services, such as printing, ruling, binding stamping and otherobligations of the Supplier covered under the Contract.

(h) “End User” means the consignees stated in the Schedule of Requirements.

(i) “The Notification of Award” means the intention of the Purchaser to place the Purchase order onthe bidder or to enter in to contract with the bidder.

(j) “The Contract” means the agreement entered into between the Purchaser and the Supplier, asrecorded in the Contract Form signed by the parties, including all the attachments and theappendices thereto and all documents incorporated by reference therein.

(k) “The Contract Price” means the price payable to the Supplier under the contract for the full andproper performance of its contractual obligations.

(l) “Consignee” means Dy. Director (Incharge) Govt. Press, Allahabad / Aishbagh-Lucknow /Baghhazara-Rampur / Ramnagar-Varanasi, or as specified in Supply Order.

2. STANDARDS

The goods supplied under this contract shall conform to the standards prescribed in the TechnicalSpecifications given in the bidding document.

3. PERFORMANCE SECURITY

3.1 The supplier shall furnish performance security to the purchaser for an amount equal to 5% of the valueof purchase order within 7 days from the date of issue of Notification of Award by the Purchaser.

3.2 The proceeds of the performance security shall be payable to the Purchaser as compensation for any lossresulting from the supplier’s failure to complete its obligations under the contract.

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3.3 The performance security shall be in the form of Bank Guarantee issued by a Scheduled / NationalizedBank and in the form provided in this Bidding Document. The performance security should be valid forthe period beyond sixty (60) days following the date of completion of the Supplier’s performanceobligations under the Contract, including any warranty obligations

3.4 The performance security will be discharged by the Purchaser and returned to the Supplier not later thanthirty (30) days following the date of completion of the Supplier’s performance obligations under theContract, including any warranty obligations.

4. INSPECTION AND TESTING

4.1 The Purchaser or his representative(s) shall inspect and test the goods to confirm their conformity to theordered specifications. The cost of such inspections and tests shall be to the Purchaser’s account. ThePurchaser shall notify the Supplier in writing of the identity of any representative(s) retained for thesepurposes within 15 days of issuing the purchase order. The Supplier shall notify the Purchaser or itsrepresentative(s) at least 10 days prior to the time when the Goods are available to inspection. The Goodsshall not be shipped unless a satisfactory inspection and quality assurance report is obtained.

4.2 The Purchaser or his representative(s), at the time of inspection, may draw sample of paper from the eachlot / batch and send it to testing laboratory of their choice for quality assurance tests.

4.3 The Supplier will provide to the Purchaser or his representative(s) all reasonable facilities for the conductsuch inspection and tests at no additional cost to the Purchaser. The Supplier may seek as independentquality test report for a lot / batch ready for shipment. The cost of such tests will be borne by theSupplier. The Purchaser may consider such quality assurance reports for the purpose of clearing theGoods for shipment.

4.4 Should any inspected or tested goods fail to conform to the specifications or quality assurance tests, thepurchaser may reject them and the supplier shall replace the rejected goods free of cost to the purchaser.

4.5 Where the Supplier contests the validity of the rejection by the Purchaser or his representative, a sampledrawn jointly by the Supplier and Purchaser or his representative, and authenticated by both, will beforwarded for umpire analysis to an independent agency mutually agreed by the Purchaser and Supplier.The umpire’s finding, which will be promptly obtained, will be final and binding on both parties. Thecost of umpire analysis will be borne by the losing party.

4.6 The Purchaser’s right to inspect, tests and where necessary, reject the Goods after the Good’s arrival atdestination shall in no way be limited or waived by reason of the Goods having previously beeninspected, tested and passed by the Purchaser or his representative prior to the shipment of Goods.

4.7 Nothing in TCC Clause 4 shall in any way release the Supplier from any warranty or other obligationsunder this contract.

5.0 DELIVERY :

The bulk supply will be required at Consignee’s site as per the schedule mentioned hereunder from thedate of issue of supply order.

ScheduleNo.

Brief Description of Different Types ofPrinting Paper

Total Qty.required

Delivery Schedule (month /from date of issue of supply

order)

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1 Cream Wove Paper – 60 G.S.M. (Flat/Reel) 2500 M.T. 4 Month (equal quantity/month)2 White Offset Printing Paper - 60 G.S.M.

(Flat/Reel)2000 M.T. 4 Month (equal quantity/month)

6.0 PACKING :

The Supplier shall provide such packing of the Goods as is required to prevent their damage ordeterioration during transit to their final destination, as indicated in the purchase order. The packing shallbe sufficient to withstand, without limitation, rough handling during transit and exposure to extremetemperatures, salt, and precipitation during transit and open storage. Packing case size and weights shalltake into consideration, where appropriate, the remoteness of the Goods’ final destination and theabsence of heavy handling facilities at all points in transit.

7. INSURANCE

The Goods supplied shall be insured in an amount equal to 110% of the EXW value of the Goods from“warehouse to warehouse” on “all risks” basis including war risks and strikes.

8. TRANSPORTATION

The Goods will have to be transported by Road from manufacturer’s site to ultimate Consignee’s site.The prices quoted by the bidder should include all cost associated with transportation, loading, unloadingof the goods up to the ultimate consignee’s site.

9. DESPATCH :

The paper duly packed should be dispatched to our consignees as mentioned at TCC Clause 1.1 (l)through Road Transport, duly freight pre-paid and insured. The quantity to be delivered at each of theconsignee locations shall be detailed out in supply order.

10. DELIVERY AND DOCUMENTS:

Upon or before delivery of the Goods, the Supplier shall notify the Purchaser in writing and deliver thefollowing documents to the Purchaser:

(i) two originals and two copies of the Supplier’s invoice, showing Purchaser, the Contract number,Goods’ description, quantity, unit price, and total amount. Invoices must be signed in original andstamped or sealed with the company stamp/seal;

(ii) two copies of delivery note, road consignment note, truck bill / document showing Purchaser asDirector, Printing and Stationary, U.P., Allahabad and delivery through to final destination as statedin the Contract;

(iii) copy of the Insurance Certificate, showing the Purchaser as the beneficiary;

(iv) two copies of the packing list identifying contents of each package;

(v) one original of the manufacturer’s or Supplier’s Warranty certificate covering all items supplied;

(vi) original copy of the Certificate of Inspection;

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The above documents shall be received by the Purchaser before arrival of the Goods (except where it ishanded over to the Consignee with all documents) if not received, the Supplier will be responsible forany consequent expenses.

The delivery of the goods and documents shall be completed within the time period mentioned in ITBClause 5 above. The actual delivery schedule will be given in purchase order.

11. WARRANTY

11.1 The supplier shall warrant that the stores to be supplied shall be new and free from all defects and faultsin materials used, workmanship and manufacture and shall be of the highest grade and consistent withthe established and generally accepted standards for materials of the type ordered and shall perform infull conformity with the specifications.

The warranty shall remain valid fro 12 months from the date of delivery of goods at final destination.

The Purchaser shall promptly notify the Supplier in writing of any claims arising under this warranty.Upon receipt of such notice, the Supplier shall, with all reasonable speed, replace the defective goods /lot as indicated by the Supplier

11.2 If any replacement is not made by the supplier within a reasonable time, the Purchaser may proceed toget the defective goods from other supplier, at the supplier’s risk and expenses, but without prejudice toany other rights which the purchaser may have against the supplier in respect of such replacements.

11.3 Replacement under warranty shall be made by the supplier free of all charges at site including freight,insurance and other incidental charges.

12. PAYMENT TERMS

12.1 Payment for Goods and Services shall be made in Indian Rupees, as follows:

On delivery: Eighty (80) percent of the Contract price shall be paid on receipt of the Goods and uponsubmission of the documents specified in TCC Clause 10 above.

On final acceptance: Twenty (20) percent of the Contract Price of Goods received shall be paid afterfinal verification of quantity and specification of the goods ordered.

12.2 The Supplier’s request(s) for payment shall be made to the Purchaser in writing, accompanied by aninvoice describing, as appropriate, the Goods delivered and Services performed, and by documentssubmitted pursuant to TCC Clause 10, and upon fulfillment of other obligations stipulated in the Contract.

12.3 Payments shall be made promptly by the Purchaser within sixty (60) days after submission of an invoice orclaim by the Supplier.

12.4 (i) Form 3D shall be provided by the purchaser on the request of the bidder as and when asked for. (ii) No payment will be made for goods rejected at the site on testing.

13. PRICES

13.1 (i) (a) Prices charged by the supplier for goods delivered and services performed under the contractshall not be higher than the prices quoted by the Supplier in his Bid.

(b) In the case of revision of Statutory Levies/Taxes during the finalization period of tender, thePurchaser reserves the right to ask for reduction in the prices.

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(ii) (a) Prices once fixed will remain valid during the schedule delivery period. Increase and decreaseof Taxes and other statutory duties will not affect the price during this period.

(b) Any increase in taxes and other statutory duties/levies after the expiry of the delivery date shallbe to the supplier’s account. However benefit of any decrease in these taxes/duties shall bepassed on to the Purchaser by the supplier.

14. CHANGES ORDERS

14.1 The purchaser may, at any time, by a written order given to a supplier, make changes within the generalscope of the contract in any one or more of the following:

(a) specification of the Goods, where Goods to be supplied under the contract are to be specificallymanufactured for the Purchaser;

(b) the method of transportation or packing; (c) the place of delivery; or (d) the ancillary services to be provided by the supplier.

14.2 If any such change causes an increase or decrease in the cost of, or the time required for the executionof the contract an equitable adjustment shall be made in the contract price or delivery schedule, or both,and the contract shall accordingly be amended. Any proposal by the supplier for adjustment under thisclause must be made within thirty days from the date of the receipt of the change in order.

15. SUBCONTRACTS

The Supplier shall notify the Purchaser in writing of all subcontracts awarded under this contract if notalready specified in his bid. Such notification, in his original bid or later shall not relieve the supplierfrom any liability or obligation under the Contract.

16. DELAYS IN THE SUPPLIER’S PERFORMANCE

1 Delivery of the Goods and performance of the services shall be made by the Supplier in accordance withthe time schedule specified by the purchaser in its purchase order. In case the supply is not completed inthe stipulated delivery period, as indicated in the Purchase Order, purchaser reserves the right either toshort close /cancel this purchase order and/or recover liquidated damage charges. The cancellation/shortclosing of the order shall be at the risk and responsibility of the supplier and purchaser reserves the rightto purchase balance unsupplied item at the risk and cost of the defaulting vendors.

2 Delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable toany or all of the following sanctions: forfeiture of its performance security, imposition of liquidateddamages and/or termination of the contract for default.

3 If at any time during the performance of the contract, the supplier encounters condition impendingtimely delivery of the goods and performance of service, the Supplier shall promptly notify to thePurchaser in writing the fact of the delay, its likely duration and its cause(s). As soon as practicableafter receipt of the supplier’s notice, the Purchaser shall evaluate the situation and may at its discretionextend the period for performance of the contract (by not more than 20 weeks) subject to furnishing ofadditional performance security by the supplier @ 5% of the total value of the Purchase Order.

[Hint: Each case of delivery extension shall have to be examined a fresh vis-à-vis the prevailing market prices]

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4 If supplier fails to perform its contractual obligations, pursuant to TCC Clause 16.3 above, the purchasermay consider debarring the firm for the period of 1-5 years for participation in future invitation of bids.The period of debar, as stated above, shall be at the sole discretion of the Purchaser

17 LIQUIDATED DAMAGES

17.1 The date of delivery of the stores stipulated in the acceptance of the tender should be deemed to be theessence of the contract and delivery must be completed not later than the dates specified therein.Extension will not be given except in exceptional circumstances. Should, however, deliveries be madeafter expiry of the contracted delivery period, without prior concurrence of the purchaser and beaccepted by the consignee, such delivery will not deprive the purchaser of his right to recover liquidateddamage under TCC Clause 17.2 below.

2 Should the supplier fails to deliver the store or any consignment thereof within the period prescribed fordelivery, the purchaser shall be entitled to recover 0.5 % of the value of the delayed supply for each weekof delay or part thereof for a period up to 20 (Twenty) weeks. In the case of package supply where thedelayed portion of the supply materially hampers installation and commissioning of the systems, L/Dcharges shall be levied as above on the total value of the concerned package of the Purchase Order.Quantum of liquidated damages assessed and levied by the purchaser shall be final and notchallengeable by the supplier. However, when supply is made within 21 days of QA clearance in theextended delivery period, the consignee may accept the stores and in such cases the LD shall be leviedupto the date of QA clearance.

18. FORCE MAJEURE

1 If, at any time, during the continuance of this contract, the performance in whole or in part by either partyof any obligation under this contract is prevented or delayed by reasons of any war or hostility, acts ofthe public enemy, civil commotion, sabotage , fires, floods, explosions, epidemics, quarantinerestrictions, strikes, lockouts or act of God (hereinafter referred to as events) provided notice ofhappenings of any such eventuality is given by either party to the other within 21 days from the date ofoccurrence thereof, neither party shall by reason of such event be entitled to terminate this contract norshall either party have any claim for damages against other in respect of such non-performance or delayin performance, and deliveries under the contract shall be resumed as soon as practicable after such anevent come to an end or cease to exist, and the decision of the Purchaser as to whether the deliverieshave been so resumed or not shall be final and conclusive. Further that if the performance in whole orpart of any obligation under this contract is prevented or delayed by reasons of any such event for aperiod exceeding 60 days, either party may, at its option, terminate the contract.

2 Provided, also that if the contract is terminated under this clause, the Purchaser shall be at liberty to takeover from the Supplier at a price to be fixed by the purchaser, which shall be final, all unused,undamaged and acceptable materials, bought out components and stores in course of manufacture whichmay be in possession of the Supplier at the time of such termination or such portion thereof as thepurchaser may deem fit, except such materials, bought out components and stores as the Supplier maywith the concurrence of the purchaser elect to retain.

19. TERMINATION FOR DEFAULT

1 The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice ofdefault, sent to the supplier, terminate this contract in whole or in parta) if the supplier fails to deliver any or all of the goods within the time period(s) specified in the

contract, or any extension thereof granted by the purchaser pursuant to TCC Clause16; b) if the supplier fails to perform any other obligation(s) under the Contract; and

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c) if the supplier, in either of the above circumstances, does not remedy his failure within a period of15 days (or such longer period as the purchaser may authorize in writing) after receipt of thedefault notice from the purchaser.

2 In the event the purchaser terminates the contract in whole or in part pursuant to TCC Clause 19.1 thepurchaser may procure, upon such terms and in such manner as it deems appropriate, goods similar tothose undelivered and the supplier shall be liable to the Purchaser for any excess cost for such similargoods. However the supplier shall continue the performance of the contract to the extent not terminated.

3 In the event, any sums found due to the Purchaser / Government under or by virtue of the fulfillment ofcontractual obligations, these shall be recoverable from the Supplier and his / its properties, movable andimmovable, under the provisions of the Revenue Recovery Act, for the time being in force as tough asthey are arrears of land revenue or in any manner and within such time as the Purchaser / Governmentmay deem fit. Any sum of money due and payable to the Supplier from Government / Purchaser may beadjusted against sum of money due to the Supplier under any other contract.

20. TERMINATION FOR INSOLVENCY

The Purchaser may at any time terminate the Contract by giving written notice to the Supplier, withoutcompensation to the supplier. If the supplier becomes bankrupt or otherwise insolvent as declared by thecompetent court provided that such termination will not prejudice or affect any right of action orremedy which has accrued or will accrue thereafter to the purchaser.

21. TERMINATION FOR CONVENIENCE

1 The Purchaser, by written notice sent to the Supplier, may terminate the Contract, in whole or in part, atany time for its convenience. The notice of termination shall specify that termination is for thePurchaser’s convenience, the extent to which performance of the Supplier under the Contract isterminated, and the date upon which such termination becomes effective.

2 The Goods that are complete and ready for shipment within thirty (30) days after the Supplier’s receipt ofnotice of termination shall be accepted by the Purchaser at the Contract terms and prices. For theremaining Goods, the Purchaser may elect:

(a) to have any portion completed and delivered at the Contract terms and prices; and/or

(b) to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goodsand Services and for materials and parts previously procured by the Supplier.

22. SETTLEMENT OF DISPUTES

22.1 If any dispute or difference of any kind whatsoever shall arise between the Purchaser and the Supplierin connection with or arising out of the Contract, the parties shall make every effort to resolve amicablysuch dispute or difference by mutual consultation.

22.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutualconsultation, then either the Purchaser or the Supplier may give notice to the other party of its intentionto commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration inrespect of this matter may be commenced unless such notice is given.

22.3 Any dispute or difference in respect of which a notice of intention to commence arbitration has beengiven in accordance with this Clause shall be finally settled by arbitration. Arbitration may becommenced prior to or after delivery of the Goods under the Contract.

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22.4 The dispute resolution mechanism to be applied shall be as follows:

(a) In case of Dispute or difference arising between the Purchaser and a supplier relating to any matterarising out of or connected with this agreement, such disputes or difference shall be settled inaccordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of3 arbitrators one each to be appointed by the Purchaser and the Supplier. The third Arbitrator shallbe chosen by the two Arbitrators so appointed by the Parties and shall act as Presiding arbitrator.In case of failure of the two arbitrators appointed by the parties to reach upon a consensus within aperiod of 30 days from the appointment of the arbitrator appointed subsequently, the PresidingArbitrator shall be appointed by the Principal Secretary, Industries Department appointed by Govt.of U.P.. for this purpose.

(b) Where the value of the contract is Rs.1 crore and below, the disputes or differences arising shallbe referred to the Sole Arbitrator. The Sole Arbitrator should be appointed by agreement betweenthe parties; failing such agreement, by Principal Secretary, Industries Department appointed byGovt. of U.P.. for this purpose

(d) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a) and (b) above,within 30 days after receipt of the notice of the appointment of its arbitrator by the other party,then the Principal Secretary, Govt. of U.P.. shall appoint the arbitrator. A certified copy of theorder of the Principal Secretary, making such an appointment shall be furnished to each of theparties.

(e) The venue of Arbitration shall be the place from where the contract is issued and the language ofthe arbitration proceedings and that of all councils and communications between the parties shallbe Hindi / English.

(f) The decision of the majority of arbitrators shall be final and binding upon parties. The cost andexpenses of Arbitration proceedings will be paid as determined by the arbitral tribunal. However,the expenses incurred by each party in connection with the preparation, presentation, etc. of itsproceedings as also the fees and expenses paid to the arbitrator appointed by such party or on itsbehalf shall be borne by each party itself.

(g) The Arbitration and Conciliation Act of 1996 the rules herewith and any statutory modification orreenactment thereof shall apply to arbitration proceedings.

22.5 Notwithstanding any reference to arbitration herein,

(a) the parties shall continue to perform their respective obligations under the Contract unless theyotherwise agree; and

(b) the Purchaser shall pay the Supplier any money due the Supplier.

23. TAXES AND DUTIES

23.1 The Supplier shall be entirely responsible for all taxes, duties, octroi, road permits, license fees,etc., incurred until delivery of the contracted Goods to the Purchaser.

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Sample Forms

1 Bid Form……………………………………………

2 Price Schedule………………………………………

3 Earnest Money Deposit (EMD) Form………………

4 Form of Contract Agreement……………………….

5 Performance Security Bank Guarantee……………..

6 Manufacturer’s Authorization Form…………………

7 Proforma for Performance Statement…………………

8 Letter for Authorization for bid Opening…………

9 Consignee Receipt Certificate………………………..

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1. Bid Form

Date: [ insert: date of bid ]

[ Purchaser specify: “IFB No.: [ number ]” ][ insert: name of Contract ]

To: [ Purchaser insert: Name and address of Purchaser ]

Dear Sir or Madam:

Having examined the Bidding Documents, including Addenda Nos. [ insert numbers ], the receipt ofwhich is hereby acknowledged, we, the undersigned, offer to supply and deliver the Goods under theabove-named Contract in full conformity with the said Bidding Documents for the sum of Rs. __________(hereinafter called “the Total Bid Price”) or such other sums as may be determined in accordance with theterms and conditions of the Contract. The above amounts are in accordance with the Price Schedulesattached herewith and are made part of this bid.

We undertake, if our bid is accepted, to deliver the Goods in accordance with the delivery schedulespecified in the Schedule of Requirements.

If our bid is accepted, we undertake to provide an advance payment security and a performancesecurity in the form, in the amounts, and within the times specified in the Bidding Documents.

We agree to abide by this bid, for the Bid Validity Period specified in Clause 18 of the ITB and itshall remain binding upon us and may be accepted by you at any time before the expiration of that period.

Until the formal final Contract is prepared and executed between us, this bid, together with yourwritten acceptance of the bid and your notification of award, shall constitute a binding Contract between us.We understand that you are not bound to accept the lowest or any bid you may receive.

We undertake that, in competing for (and, if the award is made to us, in executing) the abovecontract, we will strictly observe the laws against fraud and corruption in force in India namely “Preventionof Corruption Act 1988”.

We confirm that we comply with the eligibility requirements as per ITB Clause 3 of the biddingdocuments.

We understand that you are not bound to accept the lowest or any bid you may receive.

Dated this [ insert: number ] day of [ insert: month ], [ insert: year ].

Signed:

Date:

In the capacity of [ insert: title or position ]

Duly authorized to sign this bid for and on behalf of [ insert: name of Bidder ]

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2. Price Schedule

1 2 3 4 5 6 7 8 9Schedul

e No.Description of Goods Unit Quantity Price for each unit Total Unit price Total

priceVAT and Name of

Ex-factory Excise Packing&

Inland Other other taxes manufacturer

Ex-warehouse duty, if forwarding

transportation, incidental payable if

Ex-showroom any insurance & local costs as contract isOff-the-shelf costs incidental defined in awarded

to delivery COC

(a) (b) (c) (d) (e) a+b+c+d+e 4 x 6

Note: In case of discrepancy between unit price and total price, the unit price shall prevail

Total bid price in Rs.Inwords

Signature of Bidder

NamePlace:Date: Business address

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3. Earnest Money Deposit (EMD) Form

Date: [ insert: date ] IFB: [ insert: name and number of IFB ] Contract: [ insert: name and number of Contract ]

To: [ insert: name and address of Purchaser ]

WHEREAS [ insert: name of Bidder ] (hereinafter called “the Bidder”) has submitted its bid dated[ insert: date of bid ] for the performance of the above-named Contract (hereinafter called “the Bid”)

KNOW ALL PERSONS by these present that WE [ insert: name of bank ] of [ insert: address ofbank ] (hereinafter called “the Bank”) are bound unto [ insert: name of Purchaser ] (hereinaftercalled “the Purchaser”) in the sum of: [ insert: amount ], for which payment well and truly to bemade to the said Purchaser, the Bank binds itself, its successors and assigns by these presents.

Sealed with the Common Seal of the said Bank this [ insert: number ] day of [ insert: month ],[ insert: year ].

THE CONDITIONS of this obligation are the following:

1. If, after the bid submission deadline, the Bidder

(a) withdraws its bid during the period of bid validity specified by the Bidder in the Bid Form,or

(b) does not accept the Purchaser’s corrections of arithmetic errors in accordance with theInstructions to Bidders; or

2. If the Bidder, having been notified of the acceptance of its bid by the Purchaser during the periodof bid validity(a) fails or refuses to sign the Contract Agreement when required; or(b) fails or refuses to issue the performance security in accordance with the Instructions to

Bidders.

We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand,without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser willnote that the amount claimed by it is due it, owing to the occurrence of any one of the twoabove-named CONDITIONS, and specifying the occurred condition or conditions.

This guarantee will remain in full force up to and including [ insert: the date that is 30 days after theperiod of bid validity ], and any demand in respect thereof must reach the Bank not later than the abovedate.

For and on behalf of the Bank

Signed: Date:

in the capacity of: [ insert: title or other appropriate designation ]

Common Seal of the Bank

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Form – 4 Form of Contract Agreement

THIS CONTRACT AGREEMENT is made the _______day of ________________ [month and yearpurchase] and between the________________________________________________________________ [Name of Purchaser]on behalf of Governor of Uttar Pardesh (hereinafter referred to as the ‘Purchaser’) and _____________ __ _____________________________________________[ Name of Supplier ], having itsprincipal place of business at_________________________________________________________________________________________________________[ address of Supplier ] (hereinafter referred to as the“Supplier) on the other part.

WHEREAS the Purchaser invited bids for certain goods and ancillary services, viz., [insert: briefdescription of goods and services] and has accepted a bid by the Supplier for the supply of those goodsand services in the sum of [ insert: contract price in words and figures ] (hereinafter called “theContract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectivelyassigned to them in the Conditions of Contract referred to.

2. The following documents shall constitute the Contract between the Purchaser and the Supplier,and each shall be read and construed as an integral part of the Contract:

(a) This Contract Agreement

(b) Terms & Conditions of Contract

(c) The Supplier’s original Techno-commercial and Price bid

(d) The Schedule of Requirements

(e) The Purchaser’s Notification of Award

(f) [Add here: any other documents]

3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinaftermentioned, the Supplier hereby covenants with the Purchaser to provide the Goods andServices and to remedy defects therein in conformity in all respects with the provisions of theContract.

4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of theGoods and Services and the remedying of defects therein, the Contract Price or such other sumas may become payable under the provisions of the Contract at the times and in the mannerprescribed by the Contract.

Brief particulars of the goods and services which shall be supplied/provided by the Supplier areas under:

______________________________________________________________________________SL. BRIEF DESCRIPTION QUANTITY TO UNIT TOTAL DELIVERYNO. OF GOODS BE SUPPLIED PRICE PRICE TERMS______________________________________________________________________________

______________________________________________________________________________

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TOTAL VALUE:

Delivery Schedule:

For and on behalf of the Purchaser

Signed: in the capacity of [ insert: title or other appropriate designation ]

in the presence of

For and on behalf of the Supplier

Signed: in the capacity of [ insert: title or other appropriate designation ]

in the presence of

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5. Performance Security Bank Guarantee

(unconditional)

Date: [ insert: date ]

IFB: [ insert: name or number of IFB ]

Contract: [ insert: name or number of Contract ]

To: [ insert: name and address of Purchaser]

Dear Sir or Madam:

We refer to the Contract Agreement (“the Contract”) signed on [ insert: date ] between youand [ insert: name of Supplier ] (“the Supplier”) concerning the supply and delivery of [ insert: abrief description of the Goods]. By this letter we, the undersigned, [ insert: name of bank], a bank(or company) organized under the laws of [ insert: country of bank ] and having itsregistered/principal office at [ insert: address of bank ], (hereinafter, “the Bank”) do hereby jointlyand severally with the Supplier irrevocably guarantee payment owed to you by the Supplier, pursuantto the Contract, up to the sum of [ insert: amount in numbers and words ]. This guarantee shall bereduced or expire as provided for by GCC Sub-Clause 5.4.

We undertake to make payment under this Letter of Guarantee upon receipt by us of your firstwritten demand signed by your duly authorized officer declaring the Supplier to be in default under theContract and without cavil or argument any sum or sums within the above-named limits, without yourneed to prove or show grounds or reasons for your demand and without the right of the Supplier todispute or question such demand. Our liability under this Letter of Guarantee shall be to pay to youwhichever is the lesser of the sum so requested or the amount then guaranteed under this Letter inrespect of any demand duly made under this Letter prior to expiry of this Letter of Guarantee, withoutbeing entitled to inquire whether or not this payment is lawfully demanded.

This Letter of Guarantee shall be valid from the date of issue until the date of expiration of theguarantee, as governed by the Contract. Except for the documents herein specified, no otherdocuments or other action shall be required, notwithstanding any applicable law or regulation. Ourliability under this Letter of Guarantee shall become null and void immediately upon its expiry,whether it is returned or not, and no claim may be made under this Letter after such expiry or after theaggregate of the sums paid by us to you shall equal the sums guaranteed under this Letter, whichever isthe earlier. All notices to be given under this Letter shall be given by registered (airmail) post to theaddressee at the address herein set out or as otherwise advised by and between the parties hereto.

We hereby agree that any part of the Contract may be amended, renewed, extended, modified,compromised, released, or discharged by mutual agreement between you and the Supplier, and thissecurity may be exchanged or surrendered without in any way impairing or affecting our liabilitieshereunder without notice to us and without the necessity for any additional endorsement, consent, orguarantee by us, provided, however, that the sum guaranteed shall not be increased or decreased.

No action, event, or condition that by any applicable law should operate to discharge us fromliability hereunder shall have any effect, and we hereby waive any right we may have to apply suchlaw, so that in all respects our liability hereunder shall be irrevocable and, except as stated herein,unconditional in all respects.

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For and on behalf of the Bank

Signed:

Date:

in the capacity of: [ insert: title or other appropriate designation ]

Common Seal of the Bank

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Form – 66. Manufacturer’s Authorization Form

(Manufacturer’s or Producer’s letterhead)

To: [ insert: name of the Purchaser ]

WHEREAS [ name of the manufacturer or producer ] (hereinafter, “we” or “us”) who areestablished and reputable manufacturers or producers of [ name and/or description of the Goodsrequiring this authorization ] (hereinafter, “Goods”) having production facilities at [ insert: addressof factory ] do hereby authorize [ name and address of Bidder ] (hereinafter, the “Bidder”) tosubmit a bid, and sign the Contract with you against IFB [ title and reference number of theInvitation for Bids ] including the above Goods produced by us.

We hereby extend our full guarantee and warranty for the above specified Goods against theseBidding Documents.

For and on behalf of the Manufacturer or Producer

Signed: ___________________________________________________________

Date: ______________________________________

In the capacity of [title, position, or other appropriate designation ] and duly authorize to sign thisAuthorization on behalf of [name of manufacturer or producer ]

Note: This letter of authority should be on the letter head of the manufacturers and should be signedby a person competent and having the power of attorney to legally bind the manufacturer.This should be included by the bidder in it’s bid.

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Form – 77. Proforma for Performance Statement

(For a period of last three years)

Bid No. : ……………………………. Date of Opening : ………………………………….. Time : …………………… Hours

Name of the Firm : ……………………………………………………………………………………………….

Order Placed By(Full address of

Purchaser)

Order No. andDate

Description andQuantity of

Ordered GoodsValue of Order

Date of Completion of Delivery

As per Contract Actual

RemarksIndicating

Reasons for LateDelivery, if any

Was the supply ofGoods satisfactory ?(Attach a certificate

from thePurchaser/Consigne

e

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Signature and Seal of the Bidder …………………………………………………..

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8. LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

( To reach the Purchaser before date of bid opening )

To

_________________

________________________

________________________

________________________ (Name and address of Purchaser)

Subject : Authorisation for attending bid opening on ________________________________(date) in the

Tender of _________________________________________________________.

Following persons are hereby authorised to attend the bid opening for the tender mentioned above on

behalf of ______________________________________________ (Bidder) in order of preference given

below.

Order of Preference Name Specimen Signatures

I.

II.

AlternateRepresentative

Signatures of bidder OrOfficer authorized to sign the bidDocuments on behalf of the bidder.

Note : 1. Maximum of two representatives will be permitted to attend bid opening. In cases where it isrestricted to one, first preference will be allowed. Alternate representative will be permittedwhen regular representatives are not able to attend.

2. Permission for entry to the hall where bids are opened, may be refused in case authorization asprescribed above is not recovered.

***

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9. CONSIGNEE RECEIPT CERTIFICATE

(against supply order no. ____________________________ dated ________)

(To be given by consignee and the user of the item)

The following stores has / have been received in good condition:

Name of item supplied

Name of the Supplier / Manufacturer

Quantity supplied

Place of destination

Name and Address of the Consignee alongwith tel. no. and fax no.

Date of receipt by the Consignee

Stock Book page no. where the items havebeen entered

Signature of Authorized Representative ofConsignee with date

Name and designation of the authorizedrepresentative

Seal of the consignee

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(Store Incharge / Office Supdt-II)) (Dy. Director / Incharge) Govt. Press