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Ref:INCOIS:PUR:03/2014 28/05/2014

Request for Proposal

for

Supply and installation of Printers under Buy Back Offer

S.No Tender Ref. No

Description of the item

Qty. Cost of Tender

Document

Earnest Money Deposit

(EMD)

Security Deposit (SD)*

01 PUR:03/2014 Supply and installation Printers under Buy Back Offer

45 Nos.

INR 500

Or

US$- 10

INR-65,000

Or

US$- 1,100

5% of order value from the

successful vendor

* To be submitted by the successful Bidder before award of the order. Date & Time for submission of Tender 1500 Hrs of June 13, 2014 Date of Opening of Technical offer: 1530 Hrs of June 13, 2014 The Tender document can be obtained from our office by submitting a written request along with Demand Draft of Rs.500/- or US$-10 drawn in favour of Director, INCOIS payable at Hyderabad or can be downloaded from INCOIS website (www.incois.gov.in). Tender document that is downloaded from website should be accompanied with the tender document fee of Rs.500/- or US$-10 along with the Technical Bid.

Postal Address Location Address

Indian National Centre for Ocean Information Services (INCOIS), Ministry of Earth Sciences, Govt. of India, “Ocean Valley”, Pragathi Nagar (BO), Nizampet (SO), Hyderabad - 500 090

Indian National Centre for Ocean Information Services (INCOIS), Ministry of Earth Sciences, Govt. of India, “Ocean Valley”, Survey No.342/3, Beside ALEAP, Near Pragathi Nagar, Opp. JNTU-Kukatpally, Hyderabad 500 090 Ph.No.040-23886000 / 23885016 Fax No.040-23892910

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Contents

Item No. Description Page No.

1 Introduction 3

2 Specifications 3

3 Details of existing printers 7

4 Technical Terms & Conditions 5

5 Price Bid Format 9

6 General Terms and Conditions 10

7 Communication Address 13

8 Bank Guarantee format for Bid Security 14

9 Pre Contract Integrity Pact Agreement Format 15

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1. Introduction:

The Indian National Centre for Ocean Information Services (INCOIS), Hyderabad is an autonomous body under Ministry of Earth Sciences (MoES), Govt. of India is engaged in dealing the projects related to tsunami early warning system, ocean state forecast, ocean observing systems, ocean modeling, satellite oceanography, coastal geospatial applications, ocean data and information management and web-based services relevant to societal needs (www.incois.gov.in).

2. Specifications for Printers: 1. HP LaserJet Pro 400 M401dne Printer (CF399A) – 38 Nos.

S.No Parameter/Feature Details Specification 1 Make & Model 2 Technology Laser, A4 3 Print type Mono 4 Print Speed Black Up to 33 ppm (normal, A4) 5 First Page Out from Ready - Black (Sec) As fast as 8 sec

6 Duplex Printing Required, Automatic 7 Connectivity Ethernet LAN, USB 8 Print Resolution 1200 X 1200 dpi 9 Media Size A4, A5, letter, executive, legal

10 Paper Trays Two - 250 Sheets on Main Tray + 50 Sheets on Multipurpose Tray + 150-sheet output bin

11 RAM 256 MB 12 Processor 800 MHz 13 Duty Cycle 50000 Pages per month 14 Print

Language Support

PCL 5e, PCL 6, PostScript 3 / PostScript 3 Emulation, PDF

15 Interface 1 Hi-Speed USB 2.0; 1 Ethernet 10/100/1000T network

16 Cartridge technology Integrated drum and toner 17 OS Compatibility Windows XP,Vista,Windows7, Windows 8 18 Management The printer should be remotely

manageabe through a standard web browser.

19 Compliance Energy Star compliant 20 Hi-Speed USB 2.0 Cables 03 Nos. 21 Cartridge 2 Nos. (one default cartridge with printer and one no.

additional with each printer) 22 Warranty Three years on-site warranty

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2. HP LaserJet P3015dn – 03 Nos. S.No Parameter/Feature Details Specification

1 Make & Model 2 Technology Laser, A4 3 Print type Mono 4 Print Speed 40 ppm( A4, normal) or higher 5 First Page Out from Ready - Black

(Sec) 7.5 sec

6 Duplex Printing Required, Automatic 7 Connectivity 1 front-panel Hi-Speed Host USB 2.0, 1 EIO slot, 1 Hi-Speed

Device USB 2.0 for direct connection to printer, and 2 internal Host USB 2.0

8 Print Resolution 1200 dpi or higher 9 Media Size A4, A5, letter, executive, legal

10 Paper Trays 100-sheet multipurpose tray 1, 500-sheet tray 2 Optional 500-sheet trays 3 and 4

11 Paper output 250-sheet top output bin 12 RAM 128 MB 13 Processor 540 MHz 14 Duty Cycle 100,000 pages Pages per month 15 Print

Language Support

PCL 6, PostScript 3 / PostScript 3 Emulation, direct PDF printing v1.4

16 Cartridge technology Integrated drum and toner 17 OS Compatibility Windows XP,Vista,Windows7, Windows 8

18 Management The printer should be remotely manageabe through a standard web browser.

19 Compliance Energy Star compliant 20 Cartridge 2 Nos. (one default cartridge with printer and one no. additional

with each printer) 21 Warranty Three years on-site warranty

3. HP LaserJet Enterprise MFP M725 dn (CF066A) – 02 Nos. S.No Parameter/Feature Details Specification

1 Technology laser, A3 2 Functions Print, copy, scan, digital send, optional fax 3 Type of print/ copy Mono Print 4 Print Speed Up to 41 ppm (Black, A4) 5 First page out as fast as 10 sec 6 Duty Cycle Up to 200,000 pages

7 Memory 1000 MB 8 Processor 800 MHz

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9 Resolution Black Up to 1200 x 1200 dpi 10 Printer languages PCL 6, PCL 5c , Postscript level 3 emulation, native PDF printing (v 1.4)

11 Duplex printing Automatic standard

12 Paper input 100-sheet multipurpose tray 1, 500 (2*250)-sheet tray 2,3

13 Paper output 500-sheet output bin

14 Interface 2 Hi-Speed USB 2.0 Host; 1 Hi-Speed USB 2.0 Device; 1 Gigabit Ethernet 10/100/1000T network; 1 Foreign Interface; 1 Hardware Integration Pocket; 2 Internal USB Host

Copy

15 Copy speed A4 black: Up to 41 cpm 16 Copy resolution Up to 600 x 600 dpi (flatbed) 17 Multiple copies Up to 9999 copies 18 Reduce/enlarge 25 to 400% Scan

19 Type Flatbed, ADF. Colour scanning: Yes 20 Scan resolution Optical: Up to 600 dpi 21 Bit depth 24-bit 22 Grey scale levels 256 23 Scannable area Maximum media size: 297 x 420 mm Digital sending

24 Digital sending features Scan to e-mail; Save-to-Network Folder;Save-to-USB drive; Send to FTP; Send to LAN,Fax; Send to Internet Fax; Local Address Book;SMTP over SSL

25 Duplex ADF scanning Yes

26 ADF capacity 50 sheets

27 Scan file format PDF, JPEG, TIFF, MTIFF, XPS, PDF/A

Fax

26 Faxing capabilities Optional Others

27 Operating systems compatibility

Windows, Mac and Linux

28 Maximum power consumption

890 watts

29 Approx. dimensios (w x d x h)

614 x 649 x 609 mm

30 Cartridge 2 Nos. (one default cartridge with printer and one no. additional with each printer)

31 Warranty Three years on-site warranty

4. HP Color LaserJet Enterprise flow M880z MFP (A2W75A) – 02 Nos. S.No Parameter/Feature Details Specification

1 Technology Laser, A3 2 Functions Print, copy, scan, fax

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3 Type of print/ copy Color 4 Print 5 Print Speed Black (A4): Up to 46 ppm; Colour (A4): Up to 46 ppm 6 First page out Black (A4): As fast as 11 sec; Colour (A4): As fast as 11 sec 7 Duty Cycle Up to 200,000 pages 8 Memory 1.5 GB 9 Processor 800 MHz

10 Resolution Black/ color Up to 1200 x 1200 dpi 11 Printer languages PCL 6, PCL 5e, Postscript level 3 emulation, PDF 12 Duplex printing Automatic (standard) 13 Paper input 100-sheet multipurpose tray, 4 x 500-sheet input tray (total 2100 steets as

standard input) 14 Paper output 500-sheet face-down bin 15 Interface 2 Hi-Speed USB 2.0 Host; 1 Hi-Speed USB 2.0 Device;

1 Gigabit Ethernet 10/100/1000T Network; 1 Foreign Interface; 1 Hardware Integration Pocket (HIP); 2 Internal USB Host; 1 Fax

Copy 16 Copy speed Black (A4): Up to 46 cpm; Colour (A4): Up to 46 cpm 17 Copy resolution Up to 600 x 600 dpi 18 Multiple copies Up to 9,999 copies 19 Reduce/enlarge 25 to 400% 20 Copier settigs Sides; Collate; Paper Selection; Colour/Black;

Reduce/Enlarge; Image Adjustment; Content Orientation 21 Copier smart software

features Scan to e-mail; Save-to-Network Folder; Scan to SharePoint; Save-to-USB drive; Send to FTP; Send to LAN Fax; Send to Internet Fax; OCR; Local Address Book; SMTP over SSL

Scan 22 Type Flatbed, ADF 23 Technology Charge Coupled Device (CCD) 24 Speed Normal, A4: Up to 70 ppm (b&w), up to 68 ppm (colour);

Duplex: Up to 85 ipm (b&w), up to 63 ipm (colour) 25 Scan resolution Hardware: Up to 600 x 600 dpi; Optical: Up to 600 dpi 26 Bit depth/Greyscale levels 24-bit/256 27 Scannable area ADF, Flatbed: 297 x 432 mm (11.7 x 17 in) Digital sending

28 Digital sending features Scan to e-mail; Save-to-Network Folder; Scan to SharePoint; Save-to-USB drive; Send to FTP; Send to LAN Fax; Send to Internet Fax; OCR; Local Address Book; SMTP over SSL

29 Duplex ADF scanning Yes, single pass duplexing ADF

30 ADF capacity Standard, 200 sheets 31 Scan file format Digital Send: PDF, JPEG, TIFF, MTIFF, XPS, PDF/A, TEXT (OCR),

Unicode TEXT (OCR), RTF (OCR), Searchable PDF (OCR), Searchable PDF/A (OCR), HTML (OCR), CSV (OCR); Scan to easy access USB: PDF, JPEG, TIFF, MTIFF, XPS, PDF/A, TEXT (OCR), Unicode TEXT (OCR), RTF (OCR), Searchable PDF (OCR), Searchable PDF/A (OCR), HTML (OCR), CSV (OCR); Print from easy access USB: PDF, PS, Print Ready files (.prn, .pcl, .cht)

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Fax 32 Faxing capabilities Standatd 33 Transmission speed 13 sec per page 34 Resolution Black (best): Up to 300 x 300 dpi 35 Fax smart software

features Stored faxes; fax archiving; fax forwarding; scale-to-fit; fax address book; LAN/Internet fax; fax number confirmation; Holiday fax schedule

36 Features Auto fax reduction supported: Yes; Auto-Redialling: Yes; Fax delayed sending: No; Distinctive ring detection supported: Yes; Fax forwarding supported: Yes; Fax phone TAM interface supported: No; Fax polling supported: No; Junk barrier supported: Yes, as blocked fax numbers; PC interface supported: Yes, PC fax send only; Telephone handset supported: No; Fax telephone mode supported: No

Others 37 Operating systems

compatibility Windows, Mac, Linux

38 Maximum power consumption

1100 watts

39 Approx. dimensios (w x d x h)

704 x 635 x 1199 mm

40 Cartridge 2 Nos. (one default cartridge with printer and one no. additional with each printer)

41 Warranty Three years on-site warranty

3. Details of existing printers:

Quantity Year of purchase

Printers, Plotters, Scanners, Digitizers, Multifunction Printers, etc HP 6L Pro Laserjet B&W 1 Nos. 2000 HP Office-jet G55 A3/A4 Copier / Printer / Scanner 2 Nos. 2001 HP 1200 LaserJet B&W 8 Nos. 2002 HP 1300n Laser-jet B&W 3 Nos. 2003 HP 1320n Laser-jet B&W 6 Nos 2003 Xerox Work Centre Pro 238 2 Nos. 2007 Xerox PE 16 Multipurpose Printer 2 Nos. 2007 XEROX Phaser 7400DN PS Printers 3 Nos. 2006 HP Color laser Jet 9500MFP 1 No. 2006 Brother (Model HL5250DN Network) 6 Nos. 2008 HP 5200n LaserJet B&W 1 Nos. 2007 HP 3005dn laser Jet Printer 2 No. 2007 Laxmark C935 color Laser-jet Printer 1 No. Kyocera KM-2550 Multifunction Device Model (XEROX) 1 No. 03/2008

Total 39 Nos.

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4. Technical Terms & Conditions:

1. Cover 1 i.e., Technical Bid should consists of

(i) Compliance statement for the specifications for each of the Model offered. (ii) Un-priced Bid in the prescribed format ONLY along with the acceptance of

general terms and conditions of INCOIS, failing which the offer will be rejected.

(iii) Earnest Money Deposit (EMD). (iv) OEM authorization letter. (v) Sales tax registration and PAN copies. (vi) Company registration certificate. (vii) Confirmation of acceptance on entering into a pre-contract integrity

pact agreement (as mentioned in clause No.11 – vi of other special conditions) before placement of order.

2. Cover 2 i.e., Financial Bid should consists of Price information in the prescribed price bid format ONLY along with general terms & conditions.

3. No price information should be reflected anywhere in the Technical Bid, failing which the offer will be rejected.

4. Software upgrades / updates, if any, should be supplied free of cost during the warranty period.

5. The vendor must be a Company registered under Indian Company Act, 1956.

6. The vendor should have executed at least 3 orders of similar nature during the last three years.

7. Vendor should have well established service / support centre in Hyderabad. Vendor to mention clearly full address of technical support centre at Hyderabad.

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5. Price Bid Format: (a) for quoting Buy back Offer:

Printers, Plotters, Scanners, Digitizers, Multifunction Printers, etc

Quantity Year of purchase

Unit Rate (Rs.)

Total (Rs.)

HP 6L Pro Laserjet B&W 1 Nos. 2000 HP Office-jet G55 A3/A4 Copier / Printer / Scanner 2 Nos. 2001 HP 1200 LaserJet B&W 8 Nos. 2002 HP 1300n Laser-jet B&W 3 Nos. 2003 HP 1320n Laser-jet B&W 6 Nos 2003 Xerox Work Centre Pro 238 2 Nos. 2007 Xerox PE 16 Multipurpose Printer 2 Nos. 2007 XEROX Phaser 7400DN PS Printers 3 Nos. 2006 HP Color laser Jet 9500MFP 1 No. 2006 Brother (Model HL5250DN Network) 6 Nos. 2008 HP 5200n LaserJet B&W 1 Nos. 2007 HP 3005dn laser Jet Printer 2 No. 2007 Laxmark C935 color Laser-jet Printer 1 No. Kyocera KM-2550 Multifunction Device Model (XEROX)

1 No. 03/2008

Total 39 Nos.

(b) for supply (including buy-back):

S.No. Description Qty Unit Rate Rs.

Total Amount Rs.

01 Supply and installation of HP

LaserJet Pro 400 M401dne Printer (CF399A)

38 Nos.

02 Supply and installation of HP LaserJet P3015dn

3 Nos.

03 Supply and installation of HP LaserJet Enterprise MFP M725 dn (CF066A)

2 Nos.

04 Supply and installation of HP Color LaserJet Enterprise flow M880z MFP (A2W75A)

2 Nos.

05 Optional items if any

06 Taxes if any

Sub-total

07 Less: Buy back cost (A)

08 Net Price

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6. General Terms and Conditions: Point No. Details

1. Quotation:

The Tender document must be submitted in two bid system i) Sealed Envelops (Cover-1 Technical Offer along with EMD, Cover-2 – Price Bid) and (ii) super scribed with Tender No., Due Date, Technical Bid & Price Bid separately so as to reach this office on or before 1500 Hrs of June 13, 2014. Delay in submission of tender (including postal delay ) will not be considered under any circumstances.

2. Validity: The offer submitted is to be valid for a period of 90 days.

3. Payment:

Indian firms: 90% will be released within 15 days upon receipt and acceptance of material by INCOIS and balance 10% will be paid after successful completion of warranty period or against submission of Advance Bank Guarantee for the like amount.

Foreign firms: LC will be established for 90% order value upon receipt of Order Acceptance / Proforma Invoice and balance 10% order value will be released after successful completion of warranty period by way of wire transfer or against submission of Advance Bank Guarantee for like amount.

The Guidelines mentioned in the tender document will be followed by INCOIS for establishment of Letter of Credit and acceptance is to be forwarded along with Technical Bid. Alteration / deviation of our terms and conditions mentioned in the tender document are not acceptable. Name of Beneficiary : Advising Bankers : Port of shipment : Shipment Date : Negotiation Date : 21 days from the date of shipment Country of Origin : Bank Charges : Bank charges outside India related to Beneficiary should be borne by Beneficiary only. Terms : F.O.B/C.I.F. Part shipment : Not allowed Transshipment : Allowed Test Certificate, Inspection Certificate and warranty undertaking certificate are to be provided by the Manufacturer.

Letter of credit will be established with the above terms and conditions only. Any amendment/s required consequent to the establishment of L/C shall be to the Beneficiary account only.

No advance payment/s will be allowed and no other payment terms will be considered.

4. Delivery and execution of the total scope specified: 4-6 weeks from the date of issue of purchase order.

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5. Warranty: INCOIS needs to have a warranty of satisfactory performance and trouble free operation for a period of 3 years from the date of installation. The supplier shall be responsible for any defects that may be developed under the conditions provided for by the vendor and under proper use arising from faulty material design and workmanship and shall remedy such defects at their own cost when called upon to do so. If it becomes necessary for the vendor to replace or renew any defective portion of the Goods, the supplier should make such replacements or renewals without any extra cost to INCOIS.

6. Earnest Money Deposit (EMD):

Vendor to submit EMD for Rs.65,000/- (Rupees Sixty five thousand only) / USD-1,100/- (US Dollars one thousand and one hundred only). EMD should be submitted along with technical bid (cover – I) by way of Demand Draft drawn in favour of Director, INCOIS payable at Hyderabad or Bank Guarantee from any Nationalized Bank. Technical Bid without EMD is liable to be rejected.

7. Security Deposit: Successful Tenderer is to submit 5% of the Order value towards Security Deposit by means of Demand Draft drawn in favour of Director, INCOIS payable at Hyderabad or Bank Guarantee from any Nationalized Bank valid for a period of six months. The EMD submitted by the successful tenderer shall be converted as Security Deposit and the balance amount required (5% of order value) to be submitted in the form of Demand Draft / Bank Guarantee for the purpose of fulfillment of the contract. This deposit will be free of interest and is refundable after the satisfactory execution of the contract and complete fulfillment of contractual obligations. In case of the successful bidder fails to execute the order, the EMD/SD will be forfeited.

8. Liquidated Damages Clause:

In the event of failure to deliver and install the desktop systems within stipulated date/period as specified in point No.4 above or as per our specifications and in the event of breach of any of the terms and conditions mentioned in the Purchase Order, INCOIS shall have the right.

a) To recover from you as agreed liquidated damages a sum not exceeding 0.5% of the price of any stores which the successful tender has not been able to Design, supply and install as aforesaid for each week or part thereof subject to a maximum of 10% of the total price.

b) To purchase elsewhere, after due notice to the successful tenderer on the account and at the risk of the defaulting supplier the stores not supplied or others of a similar description without canceling the work order in respect of the job not yet due for supply or

c) To cancel the supply order or a portion thereof and if so desired to purchase the stores at the risk and cost of the defaulting supplier and also.

d) To extend the period of delivery with or without penalty shall not be more than agreed liquidated damages referred to in clause (a) above,

e) To forfeit the security deposit full or in part at the discretion of Director, INCOIS.

9. Force Majeure Clause:

If the execution of the contract / supply order is delayed beyond the period stipulated in the contract as a result on out-break of hostilities, declaration of an embargo’s or blockage or fire flood, acts of nature or any other contingency beyond the supplier’s control, Director,

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INCOIS may allow such additional time by extending the delivery period as he considers to be justified by the circumstances of the case and his decision shall be final, conclusive and binding. If and when additional time is granted by the INCOIS, the contract/supply shall be read and understood as if it had contained from its inception the delivery date as extended.

10. Patent Indemnification Clause:

The Contractor shall indemnify and keep indemnified the purchaser from and against any and all claims, action, cost charges and expenses arising from or for infringement of patent rights, copy right and other protected rights of any design, plans, diagrams drawings in respect of the stores supplied by the contractor or any of the manufacturing methods or process adopted by the contractor for the stores supplied under the contract.

In the event of any claim being made or action being brought against the purchaser in respect of the matter referred above, the contractor shall promptly be notified thereof and he shall at his own expense, conduct all negotiations for settlement of the same and any drawings, plans or diagrams or any manufacturing methods or of patent or any other protected rights and use thereof is at no costs to the latter, the rights to continue using the same or to the extent it is possible to replace the same so as to avoid such infringement and subject to approval by the purchases or modify them so that they become non-infringing but such modifications shall otherwise be to the entire satisfaction of the purchaser. The provision of this clause shall remain effective and binding upon the contractor even after the completion, expiration or termination of the contract.

11. Other special conditions:

i. INCOIS does not bind itself to purchase any / all the quantity and to accept the lowest tender and reserves to itself the right to increase or decrease the quantity. INCOIS further reserves the right to split the order among more than one tenderer if considered necessary.

ii. Intending tenderer or their authorized representatives will be at liberty to be present at the time of opening of tender on the specified date as given in this Tender Document. If the date fixed for opening of the tender is declared to be a holiday, at a later date the tender will be opened at the same time on the next working day following the holiday or holidays.

iii. If the quote is offered on High Sea Sale basis, price should be inclusive of clearance charges, Nominal Customs Duty applicable for Duty Exempted items, Transportation charges to our office including unloading.

iv. Documents required along with shipment for High Sea Sales Purchase (Invoice in triplicate of the Indian Subsidiary and well as the Foreign Supplier, Packing List in triplicate, Original Airway Bill, Country of Origin certificate, Test Certificate, Pre-shipment inspection/QC passed certificate, Warranty undertaking) should be submitted by the vendor.

v. Standard format of High Sea Sales Agreement will be signed by INCOIS upon submission of the same by the contractor. Documents such as DSIR Registration Copy, Customs Duty Exemption Certificate duly signed by the Head of the Institute and Authorization will be provided by INCOIS. The prices on Indian Rupee and of High Sea Sales basis are to be FOR INCOIS basis including all taxes, levies, duties, freight, insurance, loading and unloading. The detailed break-up of prices are to be provided in the Price-Bid. Otherwise it will be treated as inclusive all and binding on the supplier. For foreign currency orders, the break-up for FOB and CIF are to be provided. Otherwise the prices will be treated as CIF Hyderabad and binding on the supplier.

vi. Successful Bidder is to be entered into a Pre-Contract Integrity Pact Agreement. Format for Pre-Contract Integrity Pact is provided in the tender document. (Bidder is to be confirmed while submitting the offer itself)

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vii. A copy of the terms and conditions laid down here may please be attached along with the quotation, duly signed by the firm in token of having understood and agreed to the same.

viii. Lump-sum quotes will not be considered and line-item-wise break-up is mandatory. Unpriced quote, line-item-wise, should contain the Technical Offer.

ix. Incomplete or conditional quotations will not be considered x. In case of any dispute or differences arising at any time between this Institute and

the firm holding the contract, these shall be resolved in terms of the Arbitration and Conciliation Act 1996 and held at Hyderabad, AP only. Further, this contract is subject to laws of India alone

xi. The Director, INCOIS reserves the right to choose, accept or reject any or all requests / offers, in full or part, at any stage, reduce or increase the quantity without assigning any reasons therefore. The quantity/number shown in the document is only indicative.

12. The Director, INCOIS reserves the right to choose, accept or reject your offer, in full or part, at any stage without assigning any reasons therefor.

7. Communication Address: Address to which technical and financial quote (by Post) to be sent to:

Director Indian National Centre for Ocean Information Services (INCOIS) Ministry of Earth Sciences, Govt. of India Ocean Valley, Pragathi Nagar (BO) Nizampet (SO), Hyderabad-500090, A.P., India Phone No.:040-23895016 / 23886000 Fax No.: 040-23895001 / 23892910 E-mail: director@incois.gov.in Delivery address:

Indian National Center for Ocean Information Services (INCOIS) Ministry of Earth Sciences (Govt of India) Ocean Valley, Survey No.342/3, Besides ALEAP, Near Pragathi Nagar, Opp. JNTU-KPHB, Hyderabad-500090, A.P., India Telephone: +91-40 -23895016 / 23886000 (Office Hours: 9 am-5:30 pm-Mon-Friday on all working days) Fax: +91-40-23892910 Web: www.incois.gov.in

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8. BANK GUARANTEE FORMAT FOR BID SECURITY:

Whereas…………………..1 (hereinafter called “the Bidder”) has submitted its bid dated…………………..(date of submission of bid) for the supply of ………………………..(name and / or description of the goods) (hereinafter called “the Bid”).

KNOW ALL PEOPLE by these presents that WE …………….(name of bank) of …………….(name of country), having our registered office at ………………..(address of bank) (hereinafter called “the Bank”), are bound unto……………(name of Purchaser)(hereinafter called “the Purchaser”) in the sum of ____________________________for which payment well and truly to be made 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 ________day of ___________20 ______.

THE CONDITIONS of this obligation are:

1. If the Bidder Withdraws its Bid during the period of bid validity specified by the Bidder on the Bid Form; or

2. If the Bidder, having been notified of the acceptance of its bid by the Purchaser during the period of bid validity:

(a) fails or refuses to execute the Contract Form if required; or (b) Fails or refuses to furnish the performance security, in accordance with

the instruction to Bidders. We undertake to pay 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 will note that the amount claimed by it is due to it, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.

This guarantee shall remain in force up to ________ from the date of submission of the bid and any demand in respect thereof should reach the Bank not later than the above date.

(Signature of the Bank)

___________________________

Name of the Bidder

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9. PRE CONTRACT INTEGRITY PACT AGREEMENT FORMAT:

PRE-CONTRACT INTEGRITY PACT

General

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on_____________ day of the month of_________________201 , between, on one hand, the President of India acting through Sri……………………, Designation of the officer, Ministry/Department, Government of India (hereinafter called the ”BUYER”, which expression shall mean and include, unless the context otherwise requires, his successors in office and assigns) of the First Part and M/s _________________represented by Shri _____________, Chief Executive Officer (hereinafter called the “BIDDER/Seller” which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the Second Part.

WHEREAS the BUYER proposes to procure (Name of the Stores/Equipment/Item) and the BIDDER/ Seller is willing to offer/has offered the stores and

WHEREAS the BIDDER is a private company/public company/Government undertaking/partnership/registered export agency, constituted in accordance with the relevant law in the matter and the BUYER is a Ministry/Department of the Government of India/PSU performing its functions on behalf of the President of India.

NOW, THERFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to:-

Enabling the BUYER to obtain the desired said stores / equipment at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in any form, by its officials by following transparent procedures.

The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:-

Commitments of the BUYER

1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract.

1.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike, and will provide to all BIDDERs the same information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER comparison to other BIDDERs.

1.3 All the officials of the BUYER will report to the appropriate Government office any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a

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breach.

2 In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the BUYER and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the BUYER the proceedings under the contract would not be stalled.

Commitments of BIDDER

3 The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following:-

3.1 The BIDDER will not offer, directly or through intermediaries any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract.

3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the Government for showing or forbearing to show disfavour to any person in relation to the contract or any other contract with the Government.

3.3* BIDDERs shall disclose the name and addresses of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates.

3.4* BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/contract.

3.5* The BIDDER further confirms and declares to the BUYER that the BIDDER is the original manufacturer/Integrator/authorized government sponsored export entity of the defence stores and has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or any of its functionaries, whether officially or unofficially to the award of the contract to the BIDDER, nor has any amount been paid, promised or intended to be paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation.

3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of the BUYER or their family members, agents, brokers or any other intermediaries in connection with the contract and the details of the services agreed upon for such payments.

3.7 The BIDDER will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.

3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.

3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the BUYER as part of the business relationship,

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regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged.

3.10 The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.

3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.

3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filing of tender.

The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies Act 1956.

3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the BUYER.

4. Previous Transgression

4.1 The BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this integrity pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India could justify BIDDERs exclusion from the tender process.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

5. Earnest Money (Security Deposit)

5.1 While submitting commercial bid, the BIDDER shall deposit an amount_____________ (to be specified in RFP) as Earnest Money/Security Deposit, with the BUYER through any of the following instruments.

(i) Bank Draft or a Pay Order in favour of ______________________

(ii) A confirmed guarantee by an Indian Nationalized Bank, promising payment of the guaranteed sum to the BUYER on demand within three working days without any demur whatsoever and without seeking any reason whatsoever. The demand for payment by the BUYER shall be treated as conclusive proof of payment.

(iii) Any other mode or through any other instrument (to be specified in the RFP)

5.2 The Earnest Money / Security Deposit shall be valid upto a period of the complete conclusion of the contractual obligations to the complete satisfaction of both the BIDDER and the BUYER, including warranty period, whichever is later.

5.3 In case of the successful BIDDER a clause would also be incorporated in the Article pertaining to Performance Bond in the Purchase contract that the provision of Sanctions for violations shall be applicable for forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this pact.

5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest Money / Security Deposit for the period of its currency.

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6. Sanctions for Violations.

6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one of the following actions, wherever required:-

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.

(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance Bond (after the contract is signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be required to assign any reason therefore.

(iii) To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER

(iv) To recover all sums already paid by the BUYER and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a BIDDER from country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest.

(v) To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the BUYER, along with the interest.

(vi) To cancel all or any other contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money (s) due to the BIDDER.

(vii) To debar the BIDDER from participating in future bidding process of the Government of India for a minimum period of five years, which may be further extended at the discretion of the BUYER.

(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a view to securing the contract.

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the BUYER with the BIDDER, the same shall not be opened.

(x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeiture the same without assigning any reason for imposing sanction for violation of this pact.

6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x) of this pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption

6.3 The decision of the BUYER to the effect that a breach of the provisions of this pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the independent Monitor (s) appointed for the purposes of this pact.

7 Fall Clause

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7.1 The BIDDER undertakes that it has not supplied / is not supplying similar product / systems or subsystems at a price lower than that offered in the present bid in respect of any other Ministry / Department of the Government of India or PSU and if it is found at any stage that similar product / systems or sub systems was supplied by the BIDDER to any other Ministry/Department of the Government of India, or a PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.

8. Independent Monitors

8.1 The BUYER has appointed Independent Monitors (hereinafter referred to as Monitors) for this Pact in consultation with the Central Vigilance Commission (Name and Addresses of the Monitors to be given)

8.2 The task of the Monitors shall be to review independently and objectively, whether and to what extend the parties comply with the obligations under this pact.

8.3 The monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently.

8.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project / procurement, including minutes of meetings.

8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform the Authority designated by the BUYER.

8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER/Subcontractor(s) with confidentiality.

8.7 The BUYER will provide to the Monitor Sufficient information about all meetings amount the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings.

8.8 The Monitor will submit a written report to the designated Authority of BUYER/Secretary in the Department /within 8 to 10 weeks from the date of reference or intimation to him by the BUYER / BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.

9. Facilitation of Investigation

In case of any allegation of violation of any provisions of this pact or payment of commission, the BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination

10. Law and Place of Jurisdiction

This pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER.

11. Other legal Actions.

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The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

12. Validity

12.1 The validity of this integrity pact shall be from date of its signing and extend upto the complete execution of the contract to the satisfaction of both the BUYER and the BIDDER/Seller, including, warrant period, whichever is later. In case BIDDER is unsuccessful, this integrity pact shall expire after six months from the date of the signing of the contract.

12.2 Should one or several provisions of this pact turn out to be invalid; the remainder of this pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.

13. Parties hereby sign this Integrity Pact at ___________on_________________

BUYER BIDDER

Name of the Officer CHIEF EXECUTIVE OFFICER

Designation

Deptt./Ministry/PSU

Witness: Witness:

1.________________ 1.____________________

2._________________ 2.____________________

*Provisions of these clauses would need to be amended/deleted in line with the policy of the BUYER in regard to involvement of Indian agents of foreign suppliers.