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BID DOCUMENT
TENDER FOR TURNKEY JOB OF DESIGN, SUPPLY,
INSTALLATION, INTEGRATION & COMMISSIONING OF PLB
HDPE TELECOM DUCT MANUFACTURING MACHINERY LINE
WITH AIR COMPRESSOR AND WATER COOLED COMPACT
WATER CHILLER & COOLING TOWER
TENDER NO.ITI/PKD/HDPE/M002 ISSUED ON 22.03.2016
ITI LIMITED (A Government of India Undertaking)
Kanjikode West, Palakkad-678623, KERALA
Visit us at www.itipalakkad.in
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TABLE OF CONTENTS
SECTION TITLE PAGES
I NOTICE INVITING TENDER 3
II SCHEDULE OF REQUIREMENTS 4-11
III SPECIAL CONDITIONS OF CONTRACT 12
IV
PART - A BID FORM 13
PART – B BIDDERS PROFILE
14-16
PART – C PRE-CONTRACT INTEGRITY PACT
17-23
PART – D PRICE SCHEDULE
24-25
V INSTRUCTIONS to BIDDERS 26-31
VI GENERAL( COMMERCIAL) CONDITIONS OF CONTRACT 32-44
VII PERFORMANCE BANK GUARANTEE FORM 45-46
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S E C T I O N – I
NOTICE INVITING TENDER
ITI LIMITED (A Government of India Enterprise)
Palakkad Plant, Kanjikode West Palakkad -678623, Kerala
ON BEHALF OF ITI LIMITED, PALAKKD, SEALED TENDERS ARE INVITED FROM
THE ELIGIBLE BIDDERS AS UNDER:
TENDER NO. ITI/PKD/HDPE/M002 DATED 22.03.2016 ITEM DESCRIPTION Design, Supply, Installation, Integration and
Commissioning of PLB HDPE Duct
Manufacturing Machine Line of an Extruder Output
350 Kg./hr.(min) and a throughput of 920
Mtr./hr.(min.), while making Telecom Duct of size
40/33 mm, meeting IS 4984 & G.R.No.
TEC/GR/TX/CDS-008/03/MAR-11 and subsequent
amendments along with 18 CFM Air Compressor
and 40TR Water Cooled Compact Water Chiller
with Heat Exchanger & Cooling Tower with
specification of machines as per Section II Clause D
Total qty: 1 ( ONE )
EARNEST MONEY DEPOSIT Rs.300000/-
TIMELINES
DATE OF PUBLICATION OF BID DOCUMENT 22.03.2016
LAST DATE OF SEEKING CLARIFICATIONS ON
BID DOCUMENT 31.03.2016 PUBLICATION OF CLARIFICATIONS OR
ADDENDUM ON BID DOCUMENT IF ANY 04.04.2016 DUE DATE OF RECEIPT OF BID 11.04.2016 04 P.M. OPENING DATE OF TECHNICAL BID 12.04.2016 11 A.M. OPENING DATE OF PRICE BID Will be intimated to qualified bidders ADDRESS FOR BID SUBMISSION
The Chief Materials Manager ITI Limited Palakkad Plant Kanjikode West P.O. Palakkad-678623 Kerala
CONTACT DETAILS
PHONE
FAX
0491 2566180
0491 2566009
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S E C T I O N – II
SCHEDULE OF REQUIREMENTS
TENDER NO.ITI/PKD/HDPE/M002 Dt. 22.03.2016
A. Brief description of item, specification & quantity.
Sl.No.
Description
Specification
Quantity
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Design, Supply, Installation, Integration and
Commissioning of PLB HDPE Duct
Manufacturing Machine Line of an Extruder
Output 350 Kg./hr.(min) and a throughput of
920 Mtr./hr.(min.), while making Telecom
Duct of size 40/33 mm, meeting IS 4984 &
G.R.No. TEC/GR/TX/CDS-008/03/MAR-11
and subsequent amendments along with 18
CFM Air Compressor and 40TR Water
Cooled Compact Water Chiller with Heat
Exchanger & Cooling Tower with
specification of machines as per Section II
Clause D
Specification in detail given at Section II Clause D
1 (ONE)
B. Delivery Schedule: - Supply to be completed within 4 months from the date of placement of
Letter of Intent(LoI). The period of Installation, Commissioning & trial run will be 45 days
from the date of delivery of the complete machinery line at ITI Limited, Kanjikode West,
Palakkad-678623, Kerala.
C. Inspection Terms:- At ITI Limited, Kanjikode West, Palakkad-678623, Kerala. as per
purchase order to be issued by ITI Limited, Kanjikode West PO, Palakkad-678623, Kerala.
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D. TECHNICAL SPECIFICATION
The minimum elements of the machinery line will be:-
1. Main Extruder , Quantity – 1 (One) Number
1.1 Extruder Type : Single Screw
1.2 Screw Diameter : 75 mm (Max.)
1.3 L / D Ratio : 30:1(Min.)
1.4 Main Drive : 132 KW (Max.)
1.5 Extruder Output : 350 Kg/Hr (Min.) on Extrusion Grade Virgin HDPE
Material. The minimum Plasticization capacity of the
Extruder model offered shall be 350 Kg/hr OR above
only. Models which have lower side extruder output lesser
than 350Kg/hr. are not to be offered and will not be
considered. Palmlet/ Technical write-up in proof of this
should be supplied along with the bid.
1.6 Screw and Barrel Material : Nitro Alloy Steel, Nitride hardened, ground and
Polished.
1.7 General
a) The Extruder should be energy efficient and equipped with Grooved Feed
Bush with Barrier Screw.
b) The main drive should be gearless OR directly coupled with gearbox
c) Heating Provision to be given with PID Controller at Die Head Portion.
d) Should be equipped with suitable hopper.
e) Control System cabinet should be mounted on a sturdy fabricated frame with
various controls like PLC, Touch Screen, Main Isolator, switch with fuse unit
etc.
e) Die Sets : i) 32 mm / 26 mm 1 set
ii) 40 mm / 33mm 3 set
iii) 50 mm / 42 mm 1 set
1.8 The Die Head should be provided with trolley arrangement and should be
suitable for internal silicon lining and 4 (four) line marking on outer diameter
with rope insert provision. Pipe range should be 20-110 mm in diameter.
1.9 The Main Drive should be of internationally reputed make.
2. Extruder for Inner Layer (Silicon Extrusion) Quantity – 1 (One) Number
2.1 Screw Diameter : 50 mm (Max.)
2.2 L / D Ratio : 26:1(Min.)
2.3 Main Drive : 18.5 KW (Max.)
2.4 Extruder Output : Suitable for giving internal silicon coating on produced
HDPE Pipe.
2.5 Screw and Barrel Material : Nitro Alloy Steel, Nitride hardened ,ground and
polished.
2.6 General
a) The Extruder should be linked with Die Head for internal Silicon Lining in
HDPE Pipe.
b) Heating provision to be given with PID Controller.
c) Should be equipped with suitable hopper.
2.7 The drive should be of internationally reputed make
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3. Extruder for 4 Line Marking , Quantity – 1 (One) Number
3.1 Screw Diameter : 20 mm (Max.)
3.2 L / D Ratio : 20:1 (Min.)
3.3 Main Drive : 1.5 KW (Max.)
3.4 Extruder Output : Suitable for 4 (Four) Line Marking on HDPE Pipe.
3.5 Screw and Barrel Material : Nitro Alloy Steel, Nitride hardened ,ground and
Polished.
3.6 General
a) The Extruder should be linked with Main Die Head for outer 4 Line Marking
on HDPE Pipe
b) Heating provision to be given with suitable PID Controller
c) Should be equipped with suitable hopper.
3.7 The drive should be of internationally reputed make
4. Cooling Arrangement
4.1 Vacuum Calibrator , Quantity – 1 (One) Number
4.1.1 Material : Stainless Steel of 304 Grade.
4.1.2 Construction : Polygonal
4.1.3 Length : 9 Meters
4.1.4 Location : To be placed after extrusion of HDPE Pipe from Extruder
4.1.5 Features : Suitable for pipe size of OD 20-110 mm, Double chamber
vacuum calibrator. Should be equipped with vacuum
pumps – 2 No.s, temperature, flow & level controllers
with suitable vacuum calibration sleeves of HDPE pipes
of each size of dies. Motorized longitudinal movement
with 2 No.s standby vacuum pump. Transparent sight
window for online inspection of the duct.
4.1.6 Vacuum Calibration Sleeves : 40/33 mm, 3 sets
4.1.7 The pump should be of internationally reputed make
4.2 Water Spray Bath , Quantity – 4 (Four) Number
4.2.1 Material of Construction shall be SS304
4.2.2 Should be equipped with SS Tube/Piping, DOL Starter, Dual Filter
4.2.3 Length : 6 Meters each
4.2.4 General : User friendly design with octagonal cross-section and working platform,
efficient cooling through spray nozzles etc.
4.2.5 The pump should be of internationally reputed make
5. Haul Off Units , Quantity – 1 (One) Number
5.1 Type : Belt type with 2 (Two) numbers of belt
5.2 Contact Length : 1200 mm
5.3 Belt Type : Poly Vee Endless Belt
5.4 Speed Range : 0.2 to 20 Meters per Minute
5.5 Drive : Suitable AC Drive of Reputed make
5.6 General : The unit should be suitable for pipe dia of 20-110mm &
synchronized with Extruder for production of HDPE pipe
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6. Automatic Coiler with box strapping machine , Quantity – 1 (One) Number
6.1 Two Head Coiler along with Length Counter.
6.2 This unit should be capable of coiling 1100 metre of HDPE Pipes of diameter
32mm, 40mm, 50mm.
6.3 Pneumatically collapsible arms for easy and fast removal of coils.
6.4 Should be able to coil ducts of OD up to 63 mm.
6.5 Box Strapping Machine: Two No.s for two heads
7. Hopper Loader & Dryer
7.1.Main Extruder Hopper Dryer: , Quantity – 1 (One) Number
7.1.1 Capacity: 500 - 600 Kgs/Hr
7.1.2 Feature : Floor Mounted suitable for HDPE granules having facility for
moisture removal & display for moisture content.
7.1.3Motor Capcity :0.9 KW (Minimum)
7.1.4Heater Capacity : 20KW
7.2.Automatic Hopper Loader for Main Extruder , Quantity – 1 (One) Number
7.2.1 Use : Should be able to carry HDPE granules from Bin to Main Extruder
Hopper Dryer & Main Extruder Hopper Dryer to Main Extruder.
7.2.2 Motor Capacity : Loader should be capable of loading 500 - 600 Kgs
(Min.)of Material/Hr.
7.2.3 Length of hose : 4 metre
7.3.Hopper Dryer for Inner layer extruder, Quantity – 1 (One) Number
7.3.1 Suitable for drying of granules for the Inner layer extruder & display for
moisture content.
7.3.2 Features : Extruder mounted
7.3.3 Motor Capacity : 0.2 KW (Minimum)
7.3.4 Heater Capacity : 8 KW
7.4.Automatic Hopper Loader for Inner layer extruder ,Quantity – 1 (One) Number
7.4.1 Suitable for feeding the granules from Hopper dryer of Inner layer Extruder
to the hopper of the Extruder.
7.4.2 Motor Capacity : Loader should be capable of loading 60 - 70 Kgs (Minimum)of
Material/Hr.
7.4.3 Length of hose : 4 metre
8. Online Thickness Control Unit , Quantity – 1 (One) Number
In conjunction with the Gravimetric Dozing System, the unit should be able to control
the thickness of the duct online with required accuracy as per TEC Spec. and with
digital display system.
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9. Laser Printer Quantity – 1 (One) Number
Facility should be given for Laser Printing on produced HDPE Pipes on On Line Basis
at suitable intervals (1 meter apart) of about 60 characters.
10. PP Rope (4 mm) Recoiler with Decoiler – capacity 12 K.M, Qty – 01 No.
Should be in line with IS 5175:2014 Spec.
11. Gravimetric System- Quantity – 1 (One) Number
The Gravimetric System shall be integrated into the extrusion line to improve the
dimensional quality and reproducibility of the product. The system continuously measure
the mass throughput and maintains pipe weight per meter by closely controlling the haul
off speed. The supply shall be with all hardware and software with the state of the art
control unit.
12. Control Panel (Mimic Panel) Quantity – 1 (One) Number
Synchronizing of all operations of Main Extruder, Extruder for Inner layer (Silicon
Extrusion), Extruder for outer line marking , Cooling Arrangements , Haul Off Units ,
Coiler , Hopper loader Cum Dryer etc., there should be one Control Panel(Mimic
panel) to observe the status of operation, speed , material condition in hopper ,
temperature , pressure etc. and there should be facility to control all operations through
Mimic Panel.
13. Operating Panel Quantity – 1 (One) Number
Smart Touch Remote panel with PLC with 5.5” Touch Screen Graphics display for
easy operation with AC drives integrated on serial network; it allows centralized
control & monitoring for Extruder & Haul off. Display alarm messages should be in
plain English Text with Extruder running hrs., real time & date.
14. MS Stand & Chain Pulley Block Quantity – 1 (One) Number
A suitable 4-wheeled powder coat painted MS Stand with Chain-Pulley Block and
Hanging Crane Scale of 1 Ton capacity for lifting and moving the coiled, box-strapped
PLB HDPE duct from the Automatic Coiler, weighing it using the Crane Balance and
lowering it to the ground for removal and storage. Specification for the Crane Scale is
provided below.
15. Crane Scale Quantity – 1 (One) Number
Parameter Value/Features
Safe working load (SWL) 1 T
Resolution 1 Kg
Accuracy 0.2 Kg
Safe maximum load 150% of SWL
Proof load 200% of SWL
Hook As per IS-3815
Display High Brightness 5-Digit 50mm LED/LCD Weight display
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ID Number ID Number Display shall be provided
LED indicators LED Indicators should be provided to indicate
Overload
Low battery
Negative display
Scale is in motion
Recalling data in accumulation memory
Battery voltage is lower than the preset value
Weight unit is pounds
Weight unit is kilograms
Display is net weight
Display is tare weight
Display is gross weight
Extra Functions/Modes Accumulation (manual or auto), Peak Hold, Display Hold, Preset Tare
(with IR controller)
Additional Features Date & Time entry facility
Storage of weights in memory up to 100 samples
Power saving by switching off the display
Automatic zero tracking
Software linearity correction
Display hold facility
Gross & Net Weight function
Power saving by switching off the display
Automatic zero tracking
Remote control module Infrared Transmission
Wireless Remote Indicator with Printer
Wireless remote indicator could be located up to 30m away from
the measuring head
Print data will be transferred to data logger via wireless
connection to save weight data with date, time & weight
Excel file will be generated from the computer for data analysis
Data available for analysis are date, time, serial no., net weight etc
Application should support data logger to excel format
Power source 6V, 7AH rechargeable battery
Duration of display 60 secs. Approximately. (after the reading has stabilized)
Min. no. of operation from fresh
battery pack 3000
Battery Charger
Battery Charger should be provided. Minimum 150 hours of operation
between charging
Charging time 10 Hrs. or better
Operating temperature
Storage temperature
Protection class IP - 54
Housing Rugged Cast Aluminium Alloyed Housing
Paint Anti-corrosive, yellow paint for casing
16. Compact Water Chiller & Cooling Tower Quantity – 1(One) No
14.1 a) Water Chiller b) Cooling Tower
14.2 The water cooled compact chiller should be suitable for PLB HDPE Telecom Duct
Extrusion Machinery line of 75 mm screw dia(Max.) & 350 Kg/Hr(Min.) output.
14.3 Nominal cooling Capacity : 40-45 TR
14.4 Control Range : +8 C up to 30 C
14.5 Ambient Temperature : 40o C
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14.6 Fully Hermetic scroll compressor with crank case heater & overload protection by
MPCB.
14.7 High & Low pressure switches to safeguard the compressor and refrigerant system.
14.8 High Volume High Pressure stainless steel impeller & housing pump with overload
protection for pump motor.
14.9 Stainless steel well insulated tank to save power due to no heat transfer from tank with
inbuilt hot & cold well and should also have the temperature display facility.
14.10 Chilled water tank should have easy drainage facility during maintenance .
14.11 Level controller in water tank with Automatic re-feeding solenoid valve.
14.12 Large size, stainless steel Evaporator.
14.13 Anti freeze thermostat.
14.14 High efficiency water cooled condenser.
14.15 Flow monitoring system in return line from condenser.
14.16 Inspection sight glass with moisture indication.
14.17 Filter driver of suitable make.
14.18 The chiller should be equipped with microprocessor (branded) having all interlocks, text
indication of all faults with hooter. ICD indicator for easy fault monitoring and problem
solving & also having time &temp delay mechanism for the compressor.
14.19 The Water cooled Chiller has to be supplied with
a) 14.17.1Water to water gasketted stainless steel plate type heat exchanger.
b) Cooling tower of 80 TR capacities (cross flow type with ERP Basin) with water pump
of 1100LPM @3 Bar(Min.).
c) Manual water by pass system for precise flow adjustment & brass strainer.
d) Necessary fitting such as pipe lines (insulated wherever necessary), valves etc.
e) Stand by water pumps between cooling tower & condenser and chiller to extruder.
f) Required Heat exchange rate 360000 k Cal/Hr
17. Air Compressor – Qty. – 01 No.
A state of the art encapsulated Rotary Screw air compressor of minimum capacity
18 CFM(FAD) and working pressure 7.0 bar. of reputed make shall be supplied.
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E. OTHER REQUIREMENTS 1 SCOPE OF WORK
The scope of the work covers design, supply, installation, integration, testing and
commissioning of PLB HDPE DUCT manufacturing machinery line meeting the
Specification as available in SECTION II Clasue D with a plasticization capacity of
350kg/hr(Minimum) and a throughput of 920 Mtr./Hr.(min) while manufacturing
Telecom Duct of size 40/33 mm.; meeting IS 4984 & G.R.No. TEC/GR/TX/CDS-
008/03/MAR-11 and subsequent amendments, on turnkey basis, at ITI Ltd, Kanjikode
west, Palakkad, Kerala, India. The machine shall include all equipment and accessories
so as to make it complete in all respects as may be required for smooth, reliable and
satisfactory performance and operation envisaged above and shall meet all technical,
operational and maintenance requirement. Hence if any item not called for in the tender
is essential for the above purpose, its shall also be quoted by the bidder as otherwise
the bidder will be bound to supply the same free of cost to make the machine complete.
It is the sole responsibility of the Bidder to integrate all systems as called for at his own
cost, including cost of his skilled/un-skilled workers employed for the same, for
achieving the stated throughput through smooth, reliable operation of all connected
systems and machineries, as a turnkey job and also to establish the product quality as
per technical requirements called for Telecom Ducts as is available in the G.R. No.
TEC/GR/TX/CDS-008/03/MAR-11 and subsequent amendments.
Supply of all the fittings, pipe lines, valves etc. for the chiller, heat exchanger, cooling
tower etc are also in the scope of the bidder. The pipeline also includes pipes & their
fitting to carry chilled water from the chiller to the machine and its return. Chilled
water pipe line should be properly insulated.
2 TECHNICAL DETAILS
The complete technical details along with the make, model no. of each & every element
of the machinery line shall be submitted by the Bidder along with their offer.
Catalogue/Leaflet of machinery line shall also be submitted wherever applicable.
3 SAFETY REQUIREMENTS
All moving parts in the system shall be housed in an enclosure with safety locks so as
to avoid any accidental interruptions. Also the offered machine shall have the features,
which complies with the international standards of safety measures (shall covers man
and machine safety, emergency stop etc). All electrical wiring cable used shall be of
international standard.
4. ENVIRONMENT
The machines shall work in an environment between 200
C and 450
C, 50% to 95%
Relative Humidity. 220V AC (single phase) or 400V AC (three phase). Power and
water will be provided by the Purchaser at one single point.The Bidder shall indicate
the maximum power and water requirements in the technical bid. The Supplier shall
furnish the machine dimensions (foot print) and the site requirements for installation/
commissioning also in the technical bid.
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SECTION – III
SPECIAL CONDITIONS OF CONTRACT
1. The special conditions of contract shall supplement the ‘Instructions to the Bidders’ as
contained in Section V & “General (Commercial) Conditions of the Contract” as
contained in Section VI and wherever there is a conflict, the provisions herein shall
prevail over those in Section V and Section VI.
2. Eligibility conditions:
2.1 The eligible bidders should be Indian Firms engaged in manufacturing of the basic
extrusion machinery of the tendered items in India.
2.2 The bidder should have successful experience in establishing PLB-HDPE extrusion
machinery lines of tendered capacity or higher.
2.3 The bidder shall submit the following documents to establish their eligibility for the
tender, failing which their price bid will not be opened:
(a) Authorisation to sign the bid document
(b) Earnest Money Deposit in accordance with Clause 5.3, Section V
(c) Copy of Certificate of Incorporation, and /or Article or Memorandum of
Association or Partnership deed or proprietorship deed or any other
documentary evidence to establish that the bidder is eligible in accordance with
Clause 2.1 above.
(d) Valid Sales Tax / VAT/Service Tax Registration Certificate
(e) Copy of PAN
(f) List of clients to whom similar equipment manufacturing line has been supplied
by this firm during the last five years along with their Name & contact details
including Tel. Number & address.
(g) The certificate of performance from its existing three customers, one among them
shall be as per clause 2.2 as above.
(h) The bidders must fill up the Bid Form and Bidders profile, SECTION: IV
[Part A&B]
(i) Pre-Contract Integrity Pact, duly filled and signed in a legally valid stamp paper
of Rs.100/-
(j) Price Bid format with details of items quoted in TABLE I & TABLE II,
TABLE III & TABLE IV without price
(k) Clause by Clause Statement of Compliance of SECTION II, III, V & VI
(l) Acceptance Test Procedure for the machinery/Product Line
(m) Project Implementation Plan including onsite project organization
(n) Details of Preventive Maintenance Schedule, machine-wise, as per clause 6.1.3,
Section VI
(o) Deatails of Maintenance Spares and Consumables supplied free of cost along with
the machine as per clause 6 Section VI
(p) Mean Time Between Failure(MTBF) as per clause 6 Section VI
(q) Details of Tools to be supplied free cost, machine-wise, as per clause 6 Section VI
3. The bidder should be able to give MODVAT-able INVOICE.
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[To be submitted on the Letter Head of the bidder]
SECTION: IV
BID FORM
(PART- A)
TENDER NO.ITI/PKD/HDPE/M001 DATED 27.01.2016
To
The Chief Materials Manager
ITI Limited, Palakkad Plant,
Kanjikode West PO
Palakkad -678623
Kerala Dear Sir,
1) Having examined the complete Schedule of Requirements, Specifications, Special
Conditions of Contract, Instructions to Bidders, and General Terms and
Conditions of Contract of Bid Documents, we offer to supply and deliver in
conformity with tender conditions for the sum shown in the schedule of price
attached herewith and made part of this Bid.
2) We undertake, if our Bid is accepted, to complete delivery of all the ordered items
as per the delivery schedule given in schedule of requirements.
3) If our Bid is accepted, we will furnish the required performance guarantee for the
due performance of the contract.
4) We agree to abide by this Bid for a period of 90 days from the date fixed for Bid
opening and it shall remain binding upon us and may be accepted at any time
before the expiry of that period.
5) Until a formal Purchase order or contract is prepared and executed, this Bid
together with your written acceptance thereof in your notification of award shall
constitute a binding contract between us.
6) Bid submitted by us is properly sealed and prepared so as to prevent any
subsequent alteration and replacement.
7) We also declare that the printed terms and conditions, if any at the back of our
tender quotation or any other paper enclosed is not applicable.
8) We understand that you are not bound to accept the lowest or any bid, you may
Receive.
Dated this .....……………...date of ..........………………2016
Name and Signature ................... Witness ................ (name in BLOCK LETTERS of the SIGNATORY) Address .......... in the capacity of : duly authorised to sign the bid for and on behalf of ...........
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SECTION: IV(PART B)
BIDDER’S PROFILE
1. (a) Name of the FIRM :
(b) Office Address :
Ph.: Fax: email id. : Contact Person:
(c) Works address :
Ph.: Fax: email id. : Contact Person:
(d) Name & Address of Local Office:
Ph.: Fax: email id. :
Contact Person:
2. Category of the firm : Small / Medium / Large
__________________ Dealer /Distributor/Agency etc. /
Manufacturer
3. Ownership status : Proprietorship /Partnership
(Document to be submitted) / Limited Company
4. Year of Establishment :
5. Company Registration No. :
(Photocopy to be enclosed)
6. Name of manufacturer whose products : are offered (in case of Dealer /Distributor/Agency ).
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7. Major Orders executed during last five years.
Item Quantity Value in Rs. Supplied to Reference 8. Whether the company is ISO 9000 / ISO 14000
Standard certified ( If yes, enclosed photocopy): Yes / No
9. ANNUAL CAPACITY :
Products Quantity Value in Rs.
10. PRODUCTION FACILITIES:
Sl. Description of Location Size / Capacity No. of Date of Make/
No Plant / Machinery M/c installation Brand
. available
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11. TOOL ROOM FACILITIES :
Description of Location Size / No. of M/c Date of Make/ Sl. Plant / Machinery Capacity available installation Brand
No.
12.TESTING & LABORATORY FACILITIES :
Sl. Description of Location Size / No. of M/c Date of Make/
No. test equipments Capacity available installation Brand
13. Manpower employed : Managerial Technical Skilled Total
14. Financial Status :
( Enclose copies of the latest Balance Sheet
/ Annual Report/Bank reference).
15. VAT No. :
16. Central Sales Tax No. :
17. Income tax permanent account No. : 18. Central Excise / Service Tax Registration No:
Certified that the above information is true and we will submit all the original documents for verification as and when called for.
Signature of Bidder Name and Designation
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SECTION: IV (PART C)
PRE-CONTRACT INTEGRITY PACT (To be submitted in a legally valid stamp paper of Rs.100/-) GENERAL This pre-bid pre-contract agreement (hereinafter called the Integrity Pact) is made on ……….. day of …………….. the month of ……… , between, ITI Limited, Palakkad Plant, Kanjikode West P.O., Palakkad-678623, Kerala, 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 ………………………………………………………………….. (address of the Bidder) (hereinafter called the "BIDDER " 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 float a tender for supply, installation, integration and commissioning of an PLB-HDPE Duct Manufacturing line at its premises as per the specification in the attachments (name of the product) and the BIDDER is willing to participate in Bid as per the terms and conditions mentioned thereon; WHEREAS the BIDDER is a private company/public company/Government undertaking/partnership company (strike off whichever is not applicable), constituted in accordance with the relevant law in the matter and the BUYER is a PSU under the Department of Telecommunications, Ministry of Communications & IT, Government of India. NOW, THEREFORE, 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 :- Enable the BUYER to select a firm for supply, installation, integration and commissioning of an PLB-HDPE Duct Manufacturing line at its premises as per the specification in the attachments (name of the product) through the tender in a transparent and corruption free manner, and
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Enable the 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: 1. 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, 'organisation 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 in 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 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.
3 Commitments of BIDDER
3.1 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:-
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a) 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, organisation or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract.
b) 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 favour or disfavour to any person in relation to the contract or any other contract with the Government.
c) BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates.
d) BIDDERs shall disclose the payments to be made by them to agents/ brokers or any other intermediary, in connection with this bid/contract.
e) The BIDDER further confirms and declares to the BUYER that the BIDDER is the original manufacturer/ integrator 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.
f) 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 services agreed upon for such payments.
20
g) 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.
h) The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.
i) 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, 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.
j) The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.
k) The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.
l) 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.
m) 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 that could justify BIDDER's exclusion from the tender process.
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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 Sanctions for Violations
5.1 Any breach of the aforesaid provisions by the BIDDER or anyone 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:-
a) 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.
b) To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.
c) 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.
d) To recover all sums paid in violation of this Pact by the BIDDER(s) to any middleman or agent or broker with a view to securing the contract.
5.2 The BUYER will be entitled to take all or any of the actions mentioned
above, also on the Commission by the BIDDER or anyone 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.
5.3 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.
6 Independent Monitors
6.1 The BUYER appoints Independent Monitor (hereinafter referred to as Monitor) for this Pact in consultation with the Central Vigilance Commission.
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6.2 The task of the Monitor shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact.
6.3 The Monitor shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently.
6.4 Both the parties accept that the Monitor have the right to access all the documents relating to the project/procurement, including minutes of meetings.
6.5 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.
6.6 The BIDDER(s) accept(s) 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 Monitor shall be under contractual obligation to treat the information and documents of the BIDDER with confidentiality.
6.7 The BUYER will provide to the Monitor sufficient information about all meetings among 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.
6.8 The Monitor will submit a written report to the designated Authority of BUYER within 8 to 10 weeks from the date of reference or intimation to him by the BUYER I BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.
7 Facilitation of Investigation
7.1 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.
8 Law and Place of Jurisdiction
8.1 This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER.
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9 Other Legal Actions
9.1 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.
10 Validity
10.1 The validity of this Integrity Pact shall be from date of its signing and extend up to the contract period with the BUYER in case a contract is signed. In case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract.
10.2 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.
11 The parties hereby sign this Integrity Pact.
BUYER BIDDER Name of the Officer.: Designation : ITI Limited Palakkad Plant Kanjikode West P O Palakkad -678623 Kerala Place: Palakkad Place: Date: Date: Witness: 1. ……….. 1. …………
2. ……….. 2. ………
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SECTION: IV (PART-D)
PRICE SCHEDULE
TABLE I (MACHINES & MATERIALS)
Sl.
No
.
Item
Des
crip
tio
n
To
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Qu
an
tity
Ex
-fa
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ry p
rice
(B
asi
c u
nit
pri
ce e
xcl
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of
all
lev
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an
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ha
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)
Ex
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Du
ty
Sa
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Ta
x/V
AT
Fre
igh
t F
orw
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ing
, P
ack
ag
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&
Insu
ran
ce
Oth
er l
evie
s &
C
ha
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, if
an
y
Un
it P
rice
(a
ll i
ncl
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Du
ties
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CE
NV
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-ab
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Un
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ex
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CE
NV
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-ab
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an
d t
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es (
12
-13)
To
tal
Pri
ce (
12*
3)
ED
Ta
riff
Hea
d
% Amt. % Amt. % Amt.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 Main Extruder 1 2 Extruder for Inner Layer(silicon extrusion) 1 3 Extruder for 4 line marking 1 4 Vacuum Calibrator 1 5 Water Spray Bath 4 6 Haul Off unit 1 7 Automatic Coiler with box strapping machine 1 8 Main Extruder Hopper Dryer 1 9 Automatic Hopper Loader for Main Extruder 1 10 Hopper Dryer for Inner Layer Extruder 1 11 Automatic Hopper Loader for Inner Layer Extruder 1 12 Online Thickness Control Unit 1 13 Laser Printer 1 14 PP Rope Recolier & Decolier 1 15 Gravimetric Dozing System 1 16 Control Panel 1 17 Operating Panel 1 18 MS Stand & Pulley Chain Block 1 19 Crane Scale 1 20 Compact Water Chiller & Cooling Tower 1 21 Air Compressor 1 22 Installation Materials including pipes, valves etc. 1 23 Cost of Raw Materials &Consumables for AT 1 24 Any other item required but not tendered 1 SUB TOTAL I (Sl.No. 1 to 22)
TABLE II (INSTALATION & COMMISSIONING))
Sl No.
Item Description VALUE SERVICE TAX Total
% AMT.
1 Total Installation, Integration & Commissioning Charges as a Turnkey Project SUB TOTAL II (Sl.No.1)
TABLE III (AMC))
Sl No.
Item Description VALUE SERVICE TAX Total
% AMT.
1 Comprehensive AMC – Year 1 2 Comprehensive AMC – Year 2 3 Comprehensive AMC – Year 3 SUB TOTAL III (Sl.No. 1 to 3)
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" We hereby declare that on quoting above price, we have taken into account the entire credit on inputs available under the MODVAT Scheme introduced w.e.f. 01.03.1986 and further extended on more items till date. We will supply necessary documents to ITI Limited, Palakkad for availing CENVAT." NOTE. (1) The L1 status will be decided based on sum of TABLE I, TABLE II & TABLE
III. However LoI/P.O. will be placed only on items appearing in TABLE I & TABLE II Only. The rates in TABLE II will be frozen for ordering at the end of warranty period as decided by the purchaser on successful warranty.
(2) The list of recommended spares and consumables and their quoted price for a period of three years after warranty (maintenance spares & maintenance consumables for the 3
rd, 4
th & 5
th year) shall be given in TABLE IV, year-
wise, which will be fixed for 5 years(warranty & AMC period), but will not constitute part of bid evaluation process to determine L1 source.
(3) Rate in rupees should be written both in figures and in words. The rate
mentioned in words will override the one in figures, in case of ambiguity. Any correction of rates etc. should in no account be made by overwriting. The correction(s), if any, should be made separately and neatly under initials after scoring through the original entry.
(4) The above quoted elements include all equipment and accessories so as to
make it complete in all respects as may be required for smooth, reliable and satisfactory performance and operation envisaged for the above purpose and shall meet all technical, operational and maintenance requirement as stated by the purchaser.
(5) The above quote takes care of all accessories required for installation,
integration and operation of the entire Line of equipments to function as a single entity to provide the required output.
(Signature of Authorised Signatory) (With Full Name and Seal)
TABLE IV (MACHINE-WISE, YEAR-WISE, MAINTENANCE SPAREPARTS & CONSUMABLES)
Sl.
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rice
(B
asi
c u
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pri
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xcl
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)
Ex
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AT
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t F
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, P
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&
Insu
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Oth
er l
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C
ha
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, if
an
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Un
it P
rice
(a
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ncl
usi
ve)
Du
ties
an
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ax
es
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NV
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-ab
le o
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Un
it P
rice
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clu
din
g
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NV
AT
-ab
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uti
es
an
d t
ax
es (
12
-13)
To
tal
Pri
ce (
12*
3)
ED
Ta
riff
Hea
d
% Amount % Amount % Amount
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 Item 1 2 Item 2
3 Item 3
. . . . . . .
n Item n
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SECTION –V
INSTRUCTION TO BIDDDERS
1. DEFINITIONS
(a) “The Purchaser” means ITI LIMITED, Palakkad Plant, Kanjikode West P.O., Palakkad-678623, Kerala.
(e) “The Bidder” means the individual or firm who participates in this tender and
submits its bid.
(f) “The Supplier” means the individual or firm supplying the goods under the
contract.
(d) “The Goods” means all the stores/services, equipment, machinery and/or other materials which the Supplier is required to supply to the Purchaser under the contract.
(g) “The Letter of Intent” means the intention of Purchaser to place the
Purchase Order on the bidder.
(h) “The Purchase Order” means the order placed by the Purchaser on the Supplier signed by the Purchaser including all attachments and appendices thereto and all documents incorporated by reference therein. The Purchase Order shall be deemed as “Contract” appearing in the document.
(i) “The Contract Price” means the price payable to the Supplier under the
Purchase Order for the full and proper performance of its contractual obligations.
2. ELIGIBLE BIDDERS
Eligible bidders are those who meet the eligibility conditions given in SECTION-
III. 3. COST OF BIDDING
The Bidder shall bear all costs associated with the preparation and submission of the bid regardless of the conduct or outcome of the bidding process.
4. BID DOCUMENTS 4.1 The goods required to be supplied, bidding procedures and contract terms and
conditions are prescribed in the Bid Document. The Bidder is expected to examine all instructions, forms, terms and conditions, specifications in the Bid Documents. Failure to furnish all information required as per the Bid Documents or submission of the bids not substantially responsive to the Bid Documents in every respect will be at the bidder’s risk and may result in rejection of the bid.
4.2 Any alteration / modification in the downloaded copy of the tender documents
will lead to rejection of the bid documents. 4.3. A prospective bidder, requiring any clarification on the Bid Documents shall
notify the Purchaser in writing/mail within the due date mentioned in the Tender. The clarification provided against the same as published in the web site will be final and binding.
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4.4 At any time, prior to the due date of publication of clarifications/amendments to the
bid, the Purchaser may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bid Documents by amendments and these amendments will be binding on them.
5. PREPARATION OF BIDS: 5.1 The Bid Form and Price Schedule shall be completed in all respects along with
the required documentation. Bids are liable to be disqualified if all information
called for is not furnished. 5.2. BID PRICES
(i)The bidder shall quote as per price schedule given in section IV for all the items given in schedule of requirement. In the Price Schedule the Basic Unit price (Ex-Factory Price) of the goods, Freight, Forwarding, Packing, Insurance, Excise duty, Sales Tax / VAT, and any other Levies/Charges already paid or payable by the supplier etc. shall be quoted separately item wise. The offer shall be firm in Indian Rupees.
(ii)The price quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non - responsive and rejected. (iii) Form C and also a certificate stating that the tendered item (stores) are meant
for the use of ITI Limited shall be provided by the purchaser on the request of the
bidder as and when asked for. 5.3. EARNEST MONEY DEPOSIT
(i) The bidder shall furnish, as part of his bid, an Earnest Money Deposit for Rs.3,00,000/-(Rupees Three Lakhs Only) in the form of a Demand Draft issued by a scheduled bank in favor of “ITI LIMITED, Kanjikode West P.O., Palakkad” payable at Palakkad.
(ii) The Earnest Money Deposit is required to protect the purchaser against the
risk of bidder’s conduct, which would warrant the forfeiture of Earnest
Money Deposit.
(iii) The Earnest Money Deposit of the unsuccessful bidder will be
discharged/returned within 30 days of bid opening. The successful
bidder’s Earnest Money Deposit will be discharged/returned upon the
bidder’s acceptance of the Letter of Intent satisfactorily and furnishing the
Performance Bank Guarantee.
(iv) The Earnest Money Deposit may be forfeited :
(a) If the bidder withdraws his bid during the period of bid validity specified by the bidder in the Bid form or
(ii) In the case of successful bidder, if the bidder fails (i) to sign the
contract or to furnish Performance Bank Guarantee as per Letter of Intent.
(c) In both the above cases, the bidder will not be eligible to participate in the tender for same item for one year from the date of issue of LOI.
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5.4. VALIDITY OF BIDS
Bid shall remain valid for 90 days from the date of opening prescribed by the purchaser. A bid valid for a shorter period may be rejected by the purchaser being non-responsive.
5.5 FORMAT AND SIGNING OF BID
(i) The Bid shall be typed or printed and all the pages numbered consecutively and shall be signed by the bidder or a person or persons duly authorized to bind the bidder to the contract. All pages of the original bid, except for un-amended printed literatures, shall be signed by the person or persons signing the bid. The bids submitted shall be sealed properly.
(ii) The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed by the person or persons signing the bid (iii) The bid shall be signed by the authorized signatory. The authorization to sigh the bid document shall be indicated by a written power of attorney in a legally valid Rs.100/- stamp paper, by the competent authority.
6. SUBMISSION OF BIDS
6.1 The bid should be submitted in three covers. COVER I : Cover I should contain EMD DD of Rs.3,000,00/- as specified. This cover should be super scribed as “EARNEST MONEY DEPOSIT FOR TENDER No ITI/PKD/HDPE/M002 dated 22.03.2016. COVER II:- Cover II shall contain the following: (1) Authorisation to sign the bid document
(2) Copy of Certificate of Incorporation, and /or Article or Memorandum of
Association or Partnership deed or proprietorship deed or any other
documentary evidence to establish that the bidder is eligible in accordance
with Clause 2.1 above.
(3) Valid Sales Tax / VAT/Service Tax Registration Certificate
(4) Copy of PAN
(5) List of clients to whom similar equipment manufacturing line has been
supplied by this firm during the last five years along with their Name &
contact details including Tel. Number & address.
(6) The certificate of performance from its existing three customers, one
Among them shall be as per clause 2.2 as above.
(7) The bidders must fill up the Bid Form and Bidders profile, SECTION: IV
[Part A&B]
(8) Pre-Contract Integrity Pact, duly filled and signed in a legally valid stamp
paper of Rs.100/-
(9) Price Bid format with details of items quoted in TABLE I & TABLE II,
TABLE III & TABLE IV without price
(10) Clause by Clause Statement of Compliance of SECTION II, III, V & VI
(11) Detailed Technical Literature, Manuals, Catalogues etc. of all machinery
quoted.
(12) Acceptance Test Procedure for the machinery/Product Line
(13) Project Implementation Plan including onsite project organization
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(14) Details of Preventive Maintenance Schedule, machine-wise, as per clause
6.1.3, Section VI
(15) Deatails of Maintenance Spares and Consumables supplied free of cost
along with the machine as per clause 6 Section VI
(16) Mean Time Between Failure(MTBF) as per clause 6 Section VI
(17) Details of Tools to be supplied free cost, machine-wise, as per clause 6
Section VI
This cover should be super scribed as “ELIGIBILITY & TECHNICAL DOCUMENTS FOR TENDER No ITI/PKD/HDPE/M002 dated 22.03.2016.
COVER III:- Cover III shall conatin duly filled price bid as per the price bid
schedule provided in SECTION(IV-PART D), TABLE I, II, III & IV.
This cover should be super scribed as “PRICE BID FOR TENDER No ITI/PKD/HDPE/M002 dated 22.03.2016.
6.2 All the three covers should be sealed separately by the personal seal of the bidder and shall be packed and sealed in one large cover duly marking the cover " BID AGAINST TENDER NO.ITI/PKD/HDPE/M001 Dt 27.01.2016 DUE ON 23.02.2016 The envelopes shall be addressed to the purchaser at the following address:
The Chief Materials Manager ITI Limited Palakkad Plant Kanjikode West P.O. Palakkad-678623 Kerala
6.3 The responsibility for ensuring that the bids are submitted to the above address only in line with the timelines mentioned rests solely with the bidder. The purchaser assumes no responsibility on bids submiited to any other address of the purchaser.
6.4 The inner and outer envelopes shall indicate the name and address of the bidders to enable the bid to be return unopened in case it is declared ‘late’ or ‘rejected’.
6.5 If all the envelopes are not sealed and marked as required, the bid shall be liable
to be REJECTED 6.6 Tender may be sent by registered post or delivered in person. The responsibility
for ensuring that the tenders are delivered in time would vest with the bidder. The office will make no separate acknowledgement. Any bid received by the Purchaser after the deadline for submission of bids, for whatever reason, shall be ignored and rejected and returned unopened to the bidder.
6.7 The Purchaser may, at its discretion, extend this deadline for the submission of bids by amending the Bid Documents in accordance with Clause 6 in which case all rights and obligations of the Purchaser and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.
6.8. MODIFICATIONS AND WITHDRAWAL OF BIDS
(i) The bidder may modify or withdraw his bid after submission provided the written notice of the modification or withdrawal is received by the Purchaser prior to the deadline prescribed for submission of bids.
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(ii) The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched as required in the case of bid submission. A withdrawal notice may be sent by FAX but followed by a signed confirmation copy, post marked not later than the deadline for submission of bids.
(iii) Subject to Clause 8.1, no bid shall be modified subsequent to the deadline for submission of bids.
7. OPENING OF BIDS BY PURCHASER 7.1 Tender will be opened in Purchase Section of ITI Limited, Kanjikode West,
Palakkad on the scheduled date and time. 7.2 Only one representative for any bidder shall be permitted to attend the bid
opening. The bidders’ representatives who are present shall sign an attendance register.
7.3 The cover containing Earnest Money Deposit shall be opened first. In case where
the Earnest Money Deposit is not submitted in the manner prescribed above, the bid i.e. cover containing Eligibility Documents, commercial, technical and financial offers SHALL NOT BE OPENED AND THE BID SHALL BE REJECTED AND RETURNED TO THE BIDDER UNOPENED.
7.4 The bidder’s names, Bid prices, modification, bid withdrawals and such other
details as the Purchaser, at its discretion, may consider appropriate will be
announced at the opening. 8. EVALUATION AND COMPARISON OF SUBSTANTIALLY
RESPONSIVE BIDS 8.1 Purchaser may, at its discretion, ask the bidder for the clarification of its bid.
However, no post bid clarification at the initiative of the bidder shall be entertained.
8.2 A substantially responsive bid is one, which conforms to all the terms and
conditions of the Bid Documents without material deviations. A substantially non-responsive bid will be rejected by the Purchaser and shall not be made responsive subsequent to the bid opening by the bidder by correcting the non-conformity.
8.3 The Purchaser may waive any minor infirmity or non-conformity or irregularity in
a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any bidder.
8.4 The Purchaser shall evaluate the substantially responsive bids in detail and
compare them. The financial evaluation and comparison shall be done on the basis of Net cost to ITI Limited on the prices of the goods offered inclusive of Duties and Taxes (but excluding CENVAT-able Duties & Taxes), Sales Tax / VAT, Packing, Forwarding, freight and Insurance charges etc.
8.5 The Lowest Bid(L1) will be decided based on sum of prices quoted for items in TABLE 1, II & III of the price Bid. The prices quoted in Table IV are not part of the price bid evaluation.
9. AWARD OF CONTRACT 9.1 The Purchaser shall consider placement of orders for commercial supplies only on
those eligible bidders whose offers have been found technically, commercially
and financially acceptable.
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9.2. Successful bidder(s) shall be issued Letter of Intent, which constitute the intention
of the Purchaser to enter into the contract with the bidder. The contractual
obligations shall be effective from the date of issue of Letter of Intent. The bidder
shall within 14 days of issue of Letter of Intent give his unconditional acceptance
along with Performance Bank Guarantee.
9.3. Upon furnishing the acceptance and Performance Bank Guarantee, Purchase
Order(s) shall be issued to the successful bidder(s). The issue of Purchase Order
shall constitute the award of contract on the bidder. 9.4 Failure of the successful bidder to comply with the above requirement shall
constitute sufficient grounds for the annulment of the award and/or forfeiture of
the Earnest Money Deposit, in which event the Purchaser may make the award to
the next lowest evaluated bidder or call for new bid. 10. RIGHTS OF PURCHASER 10.1 The Purchaser reserves the right to accept or reject any bid, and to annul the
bidding process, at any time prior to award of contract without assigning any
reason whatsoever and without thereby incurring any liability to the affected
bidder or bidders on the grounds of the Purchaser’s action.
10.2. Purchaser reserves the right to disqualify the supplier for a suitable period who
habitually failed to supply the goods in time. Further, the suppliers whose goods
do not perform satisfactorily in accordance with the specifications may also be
disqualified for a suitable period as decided by the purchaser.
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S E C T I O N - VI
GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT
1. APPLICATION
1.1 The General Conditions shall apply in contracts by the Purchaser for the
procurement of goods. 1.2 The Supplier will be entirely responsible for the execution of the contract in all
respects in accordance with the terms and conditions as specified in the acceptance of tender and the schedule annexed there to.
2. PERFORMANCE BANK GUARANTEE 2.1 Suppliers shall furnish Performance Bank Guarantee to the purchaser for an
amount equal to 10% of the value of purchase order within 14 days from the date of issue of LOI by the Purchaser. The Performance Bank Guarantee shall be in the form of Bank Guarantee issued by a Scheduled Bank in the prescribed format. The validity period shall be 30 months from the date of LOI.
2.2 The proceeds of the Performance Bank Guarantee shall be payable to the Purchaser as compensation for any loss resulting from the supplier’s failure to complete its obligations under the contract.
2.3 The Performance Bank Guarantee will be discharged without interest by the Purchaser after completion of the supplier’s performance obligations including any warranty obligations under the contract.
3. INSPECTIONS AND TESTS
3.1 The goods will be inspected on receipt by the Purchaser or his representative in
the Purchaser’s premises for their conformity to the specifications and Purchaser is the ultimate authority to certify the same.
3.2 Purchaser may conduct such tests on the premises of the supplier, all reasonable facilities and assistance like Testing instruments and other test gadgets including access to drawings and production data shall be furnished to the inspectors at no charge to the purchaser. In such cases, final inspection will also be done at Purchaser’s premises.
3.3 The quantity expended in tests shall be treated at the cost of the supplier and as not having been delivered.
3.4 If any stores are rejected as aforesaid then without prejudice to the foregoing provisions, the Purchaser shall be at liberty to: (i) Ask the supplier shall either replace the rejected goods or make all
alterations necessary to meet Specification requirements free of cost to
the purchaser within the specified time frame; and/or
(ii) Buy the quantity of the stores rejected or others of a similar nature elsewhere at the risk and cost the contractor without affecting the contractor’s liability as regards to supply of any further consignment due under the contract; and/or (iii) Terminate the contract and forfeit Performance Bank Guarantee and purchase at the risk and cost of contractor, as deemed fit.
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3.5 Rejected stores must be removed by the supplier within the date specified in the letter of intimation of rejection. Such rejected stores shall lie at the supplier’s risk from the time of such rejection and if not removed within the aforementioned time, the purchaser shall have the right either to return the rejected stores at the contractors risk or to dispose of/or segregate such stores as he thinks fit and the supplier will not have any claim over it.
3.6 Nothing in clause 3 shall in any way release the Supplier from any warranty or
Other obligations under this contract.
4. PACKING, UNPACKING, LOADING, UNLOADING
4.1 The supplier shall ensure that the stores are securely and adequately packed to
ensure their safe arrival at the destination. The packing, unpacking, loading &
unloading of the stores shall be done by and at the expense of the Supplier.
4.2 Each box or package shall contain a packing note quoting specifically, the name
of the supplier, Purchase Order number and date, the designation of the stores and
the quantity contained in the bag of package.
4.3 If the stores are not packed and marked in accordance with the instructions, the
consignments are liable to be rejected by the purchaser, whose decision in this
regard shall be final.
5 INSTALLATION, ACCEPTANCE TESTING AND TAKING OVER: 5.1. The supply, Installation, Integration and Commissioning shall be carried out at ITI
Limited, Palakkad. The installation, trial run, acceptance testing and
commissioning of the machine shall be completed by the Supplier within 45 days
from the date of receipt of machine at purchaser’s location.
5.2. The bidder shall clearly specify in the bid the details of installation requirements
that will enable trouble-free installation, integration, commissioning and smooth
run of the machinery line. Party should provide space requirement, connected
load, power requirement, water requirement etc.
5.3 Complete Electrical Distribution Panel for the complete HDPE line shall be
supplied by the party. ITI will provide 3 phase, 4 wire suitable capacity of
Incoming supply through Al cable at the electrical distribution panel only.
5.4 All the raw material required during installation and Acceptance Test shall be
arranged by the bidder, the cost of which shall be taken care of in the bid. For
ensuring parity and fairness in evaluation of machine performance during
Acceptance Test, virgin PLB-HDPE granules from GAIL, grade G-Lex E52U003
conforming to DoT ,TEC Specifications and meeting Generic requirements
No.TEC/GR/TX/CDS-008/03, March 2011 and subsequent amendments, with
the following properties may be supplied and used for trial run/acceptance test of
the machine:
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MFI(I2)
(g/10min)
ASTM D
1238
Density
(@23OC)
(g/cc)
ASTM D
1505
Tensile
@yield
(Kg/cm2)
ASTM D 638
Elongation
@yield
(%)
ASTM D 638
Flexural
Modulus
(Kg/cm2)
ASTM D 790
Izod Imapct
(J/m)
ASTM D
256A
ESCR
(F50) Hrs
(10% Igepal)
ASTM D
1693
VSP
(OC)
ASTM D
1525
0.22, I5=0.95 0.954 240 10 1000 120 >500 123
The silicon granules and white and colour master batch granules required for
making the duct also has to be of highest quality and grade. The grade, make etc.
of all the raw materials and maintenance consumables to be used for trail run/
Acceptance Test shall be provided along with the bid document along with
individual certification to each item to this effect. The purchaser will be the sole
owner of the duct manufactured during the process of trail run and Acceptance
Test.
5.5 Acceptance test procedure which includes all features of the machine shall be
submitted by the Bidder as part of the technical bid document with a
certification to the effect that the AT Procedure covers all specified requirements
and features. However, the Purchaser reserves the right to modify the test
procedure to cover all the specifications. The procedure shall get the approval of
the purchaser prior to initiating any acceptance test.
5.6 The bidder should demonstrate the rated capacity in the Acceptance Testing for
2 runs of 8 hours of continuous production(which does not include preparatory
time) on consecutive days with 100% capacity achievement as called for in the
tender and the product meeting all quality parameters as per the specification
mentioned in GR No.TEC/GR/TX/CDS-008/03/MAR-11 with subsequent
amendments. In case of failure, all the two such runs will have to be repeated at
the bidders’ cost. The Bidder is responsible for arranging all raw
materials/ maintenance consumables required till machine acceptance. The
purchaser, at no stage will be responsible for incurring added cost of any kind
including raw materials till the machinery lines is Taken Over.
5.7 If the machine fails to meet any of the specifications, the Bidder shall carry out
required modifications at no cost to the Purchaser. However, if the Bidder fails
to meet the specifications within a period of four more weeks from the
scheduled date of commissioning, the Purchaser reserves the right to accept
the machine with penalties, as decided by the Purchaser, or outright rejection
of the machine. Delayed supply or commissioning of the machine shall attract
liquidated damages as per Clause 16, Section VI. In case the machine is
rejected due to failure to meet the specifications, the equipment shall be taken
back from the premises of the Purchaser by the Bidder within a maximum
period of one month from the date of rejection. All expenditure to take back
the equipment shall be borne by the Bidder. The Bidder shall also be liable for
full refund of the payment already made and also the penalties as decided by
the Purchaser within two weeks from the date of rejection of the machine. The
performance bank guarantee will be forfeited if the equipment is rejected fully.
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5.8 Expenditure of any sort related to the Bidder’s experts for the services related
to installation and acceptance testing shall be borne by the Bidder.
5.9 Completion of the acceptance testing to the satisfaction of the Purchaser and
issuance of a Certificate of Taking Over in this regard by the Purchaser shall
be considered as commissioning and the date of issuance of such certificate
shall be considered as date of commissioning.
5.10 The supplier shall be solely responsible for payment of wages or any other
renumeration or compensation or claims or expenses of whatsoever nature of its
employees associated with installation and commissioning at the purchaser’s
premises in connection with the project. In connection with the purchase order,
the supplier shall indemnify the purchaser in respect of any costs, claims or
liabilities whatsoever arising from death, or injuries to the supplier’s employees
and all damage to property, death or personal injuries whatsoever, caused by
negligent acts or omissions of such employees during their presence in the project
premises.
6 MAINTENANCE CONSUMABLES, SPARES & TOOLS
All essential Maintenance Spares and Maintenance consumables(including grease
and oil) for the two years of comprehensive warranty shall be supplied by the
bidder free of cost. This is applicable for the third party items supplied by the
bidder as well. The list of recommended spares and consumables for a period of
three years after warranty period, on yearly basis (maintenance spares &
maintenance consumables for the 3rd
, 4th
& 5th
year from Machine Accepatnce
and Taking Over) and their quantities shall be given by the bidder in the technical
bid(and their prices in the price bid). The MTBF (Mean Time Between Failure)
shall be given by the bidder for each of the spares. The Purchaser reserves the
right to buy the spares along with the machine purchase or by the end of the
period of Warranty/AMC. Any budgetary impact during the intervening period or
change in the statutory taxes while purchasing spares shall be to the account of the
Purchaser. However, this does not absolve the Bidder from any of the obligations
of Warranty and AMC. The price of spares shall not be part of the bid evaluation.
The bidder shall also supply set of all tools required for the routine maintenance
of the machinery and Special Tools required for each machine, free of cost, along
with the machine supply.
6.1 The Bidder shall supply all the Maintenance Consumables required for the trial
run and commissioning of the system free of cost.
6.2 In the event of termination of the production/supply of Maintenance Spares by the
Bidder at any time after the commissioning of the machine, at least six months’
advance intimation shall be given to the Purchaser to buy life time stock of such
spares.
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6.3 The Bidder shall provide along with the bid the periodicity and the details of
preventive maintenance schedule, activities of each preventive maintenance and
spares required for the each preventive maintenance for the first 5 years from
taking over(Warranty and AMC period.).
6.4 The Bidder shall provide both hard and soft copies of a comprehensive list of
spareparts of individual machines.
7 WARRANTY
7.1 The supplier shall warrant that the stores to be supplied including third party
items shall be new and free from all defects and faults in materials used,
workmanship and manufacture and shall be of the highest grade and consistent
with the established and generally accepted standards for materials of the type
ordered and shall perform in full conformity with the specifications and drawings.
The supplier shall be responsible for any defect that may develop under the
conditions provided by the contract and under proper use, arising from faulty
material, design or workmanship such as corrosion of the equipment, inadequate
quantity of material to meet equipment requirements, inadequate contact
protection, deficiencies in circuit design and/or otherwise and shall remedy such
defects at his own cost when called upon to do so by the Purchaser. This
warranty shall survive inspection or payment for / and acceptance of goods, but
shall expire (except in respect of complaints notified prior to such date) twenty-
four months after the stores have been accepted/taken over.
7.2 If it becomes necessary for the Supplier to replace or renew any defective
portion(s) of the equipment / stores under this clause, the provisions of the clause
3 shall apply to the portion(s) of the equipment so replaced or renewed or until the
end of the above mentioned period of twelve months, whichever may be later. If
any defect is not remedied by the supplier within a reasonable time, the Purchaser
may proceed to get the defects remedied from other supplier etc., at the supplier’s
risk and expenses, but without prejudice to any other rights which the purchaser
may have against the supplier in respect of such defects.
7.3 Replacement under warranty clause for maintenance spares and consumables
shall be made by the supplier free of all charges at site including freight,
insurance and other incidental charges.
7.4 All the penalty clauses shall be applicable during the period of warranty in case
of failure on part of Supplier. The terms and conditions of the Annual
Maintenance Contract including penalty (see clause 8 below) shall be applicable
during the warranty period. However, there will not be any payment for the
warranty service. Any penalty during the warranty period will be deducted from
the next payment(s) due to the Bidder for the supply of equipments / service / or
adjusted with PBG.
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8 ANNUAL MAINTENANCE CONTRACT (AMC)
8.1 If the Purchaser so desires, the Bidder shall provide comprehensive AMC support
including free supply of maintenance spares and maintenance consumables for a
period of three years for all machineries supplied, including third party items. The
AMC shall begin after the end of warranty period on signing a contract by the
Purchaser with the Bidder. One month before the end of warranty period, the
Bidder shall provide a separate PBG valid for three years and three months for an
amount of 10% of total AMC PO value for three years.
8.2 Bidder shall quote Year-wise AMC price in the price bid which shall remain firm
during the period of 5 years after Taking Over and the same shall also form part of
the bid evaluation.
8.3 The Purchaser may buy the spares at the end of Warranty/AMC period at the rates
quoted in the bid. Any variation in taxes during the intervening period or foreign
currency fluctuations (if the price quoted is in foreign currency) shall be to the
account of the Purchaser. However, this does not absolve the Bidder from any of
the obligations of Warranty and AMC.
8.4 During the period of AMC the Bidder shall inter alia:
a) Diagnose the hardware, system software and application software faults
(which ever is applicable) as and when they occur.
b) Rectify the hardware, system software and application software faults
detected.
c) Repair and replace the faulty component, free of cost.
d) Provide application/system software related fixes / patches and/or work
around to resolve the application/system related faults.
e) Carry out preventive maintenance of hardware and system software in
accordance with the schedule provided with the bid.
8.5 The Bidder shall give an up-time commitment of 95% for the machine (both
hardware and the software) even while running the machine 24 hours a day
during the AMC period calculated on monthly basis.
8.6 All the faults shall be attended within 12 hours of the call from the Purchaser and
rectified within 48 hours (either through remote assistance, and if remote
assistance does not solve the problem, then by on-site visit).
8.7 If the fault is a ‘major’ type (because of which the machine performance has fallen
below 60% of rated efficiency) and if the Bidder fails to restore such fault within
the time limit specified in clause 8.6 above, a penalty of 0.5% of the annual AMC
charges shall be applicable for every day (or part of thereof) of delay. If the fault
is of minor type (because of which the machine performance has fallen below
100% of the rated efficiency (and above 60%) or any other fault) and if the Bidder
fails to rectify the fault within the time limit specified in clause 8.6 above, a
penalty of 0.25% of the annual AMC charges shall be applicable for every day (or
part thereof) of delay. Penalties will be calculated on quarterly basis and will be
deducted from the next bill towards supply/service.
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8.8 If the up-time of the machine falls below 95% averaged over every month, penalty
of 0.5% of annual AMC charges will be imposed for the month for every 1% fall
up to 85% and 1% of annual AMC charges for every 1% below 85%. This will be
over and above any penalty as per clause 8.7 above.
8.9 The maximum penalty for a quarter shall be limited to 100% of the quarterly bill
of the AMC.
8.10 No charges for AMC will be paid in advance. Bills will be paid on quarterly basis
on submission of bills by the Bidder, on satisfactory working report from the
Purchaser. Any penalties for the quarter for the failure of the system as per clauses
8.7 and 8.8 above will be deducted from the bill.
8.11 Extension of this Agreement shall be negotiable beyond initial AMC period of 3
years for the second term depending on the performance of the Bidder during the
period of the initial term.
8.12 Notwithstanding the above, the Purchaser reserves the right to enter into AMC
with the Bidder, or, if entered in to AMC agreement, withdraw from AMC at any
time without assigning any reasons. However, after entering into AMC agreement,
if the Purchaser wishes to withdraw from AMC, the Purchaser will give a notice
on withdrawal from AMC three months in advance. The PBG for the AMC
service will be released by the Purchaser within 90 days from the end of AMC
agreement.
8.13 All conditions of AMC on performance and the penalties will be applicable to the
Warranty period also. The penalties during the warranty will be calculated based
on the AMC cost for the first year of AMC. Any penalty during the warranty
period will be deducted from the next payment(s) due to the Bidder for the supply
of equipments/ services or from the PBG.
9 UP TIME & YIELD
The uptime of the machine shall be a minimum of 95% while running 24 hours a
day averaged over a month. The yield shall be better than 99.5%.
10 TRAINING
Separate Operation and Maintenance training shall be imparted at the Purchaser’s
location and may cover at least 10 personnel of the Purchaser in a minimum of
three batches, each. The Bidder shall give the details of the training modules and
the duration, in advance along with the tender. Purchaser shall have the right to
include additional training modules on the operation and maintenance of the
machine, if required, and the Bidder shall provide this training also free of cost.
Hard Copy the training documents shall be supplied to the trainees on all the
training modules, free of cost.
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11 DOCUMENTATION
The supply shall include all necessary documentation for the operation
and maintenance of the machine. The documents shall be supplied in two sets.
In addition to hard copies, the documentation shall also be available in soft
copies (two sets). There shall be a technical manual giving details on each of
the subsystems and its features, layouts of electrical and pneumatic systems,
details of hardware items and the assembly diagram of all the hardware items.
Specifications of each of the sub-systems shall be listed in this manual. There
shall be a User manual for the operation and maintenance of the machine. List
of DO’s and DON’T’s to be followed shall be listed in the User Manual. The
User Manual shall contain detailed maintenance procedures as well as debug
procedures in case of machine faults.
12 PAYMENT TERMS
12.1 Payment of 80% of the bid value will be made on receipt of all items required for
completing the machinery line in good condition at ITI Ltd., Palakkad Plant and
another 10% after successful Acceptance Test and Taking Over. Balance 10%
could be paid after two years from the date of taking over of the machine OR
could be released on Taking Over if the Bidder submits an additional B.G. for
10% value for a period of 2 years from the date of Taking Over.
12.2 Payment of stores will be made to the Supplier on submission of invoices/invoice-
cum-challans in quadruplicate. The Challan/invoice should show the particulars or
stores supplied, quantity, weight and rate, value and sales tax , other taxes and
duties tax leviable and any other charges authorized as per Purchase Order should
also be shown. No payment will be made for goods rejected. 12.3 The bidder has to give mandate for receiving payment of Rs. 5 lakhs and above
electronically and the charges, if any, levied by bank has to be borne by the
bidder. The bidders are required to give the following information for this purpose
duly supported by one cancelled original cheque leaf of the bank: Beneficiary Bank Name
Beneficiary Branch Name
IFSC code of beneficiary Branch
Beneficiary Account No
Branch Serial No. (MICR No) 13 PRICES 13.1 The prices shall be fixed on the basis of Net cost to ITI Limited on the prices of
the goods offered inclusive of Duties and Taxes (but excluding CENVAT-able Duties & Taxes), Sales Tax / VAT, Packing, Forwarding, freight and Insurance charges etc.
40
13.2 If the credit for the Duties and Taxes under CENVAT Credit Rules, 2004 is found
to be not admissible at any stage subsequently, then the bidders will be liable to
refund such non-admissible amount, if already paid, along with penalty if charged
by the concerned authority. 13.3 In case the Duties & Taxes which are non CENVAT-able as per the quotes
indicated in the price schedule by the vendors and subsequently at any stage it is
found that Credit for such Duties & Taxes is admissible as per CENVAT Credit
Rules, 2004, then the vendors will be liable to refund the amount equivalent to
such Duties & Taxes if already paid to them. However, the purchaser may allow
the supplier to submit necessary documents in this regard which may enable the
purchaser to avail the CENVAT credit provided such credit is still available for
the amount so paid as per CENVAT Credit Rules 2004. 13.4 Duties & Taxes which are CENVAT-able under CENVAT Credit Rules, 2004
will be reimbursed only if the invoices / bills are accompanied with the supporting
documents i. e. Excise / Customs invoice etc.
13.5 (i) Prices charged by the supplier for goods delivered and services performed
under the contract shall not be higher than the prices quoted by the supplier in
his bid. (ii) (a) Prices will be fixed at the time of issue of purchase order as per
Taxes and statutory duties applicable at that time. (b) In case of reduction of Taxes and other statutory duties during the
schedule delivery period purchaser shall take the benefit of
decrease in these taxes and duties for the supplies made from the
date of enactment of revised duties & Taxes. © In case of increase in Duties / Taxes during the scheduled delivery
period the purchaser shall revise the prices as per the new Duties /
Taxes for the supplies to be made during the remaining delivery
period as per the terms & condition of the purchase order.
(iii) Any increase in Taxes and other statutory duties / levies after the expiry of
schedule delivery date shall be to the supplier account. However, benefit of
any decrease in these taxes / duties shall be passed on to the purchaser by
supplier.
14 CHANGES IN PURCHASE ORDERS
14.1 The purchaser may, at any time, by a written order given to a supplier, make
changes within the general scope of the contract in any one or more of the
following:
(a) drawings, designs or specifications, where Goods to be supplied under the
contract are to be specifically manufactured for the Purchaser;
(b) the method of transportation or packing;
(c) the place of delivery; or
(d) the services to be provided by the supplier.
41
14.2 If any such change causes an increase or decrease in the cost of, or the time
required for the execution of 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 this clause must
be made within thirty days from the date of the receipt of the change in order. 15 DELAYS IN THE SUPPLIER’S PERFORMANCE
15.1 Delivery of the Goods and performance of the services shall be made by the
Supplier in accordance with the time schedule specified by the purchaser in its
purchase order. In case the supply is not completed in the stipulated delivery
period, as indicated in the Purchase Order, purchaser reserves the right either to
short close /cancel this purchase order and/or recover liquidated damage charges.
The cancellation/short closing of the order shall be at the risk and responsibility of
the supplier and purchaser reserves the right to purchase balance-unsupplied item
at the risk and cost of the defaulting vendors.
15.2 Delay by the Supplier in the performance of its delivery obligations shall render
the Supplier liable to any or all of the following sanctions: forfeiture of its
Performance Bank Guarantee, imposition of liquidated damages and/or
termination of the contract for default or any other action as may be deemed
necessary. 15.3 If at any time during the performance of the contract, the supplier encounters
condition impending timely delivery of the goods and performance of service, the
Supplier shall promptly notify to the Purchaser in writing the fact of the delay, its
likely duration and its cause(s). As soon as practicable after receipt of the
supplier’s notice, the Purchaser shall evaluate the situation and may at its
discretion extend the period for performance of the contract. 16 LIQUIDATED DAMAGES
16.1 The date of delivery of the stores stipulated in the acceptance of the tender should
be deemed to be the essence 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 made after expiry of
the contracted delivery period, without prior concurrence of the purchaser and be
accepted by the consignee, such delivery will not deprive the purchaser of his
right to recover liquidated damage under clause 16.2 below. However, when
supply is made within 21 days of the contracted original delivery period, the
consignee may accept the stores and in such cases the provision of clause 16.2
will not apply. 16.2 Should the supplier fails to deliver the store or any consignment thereof within the
period prescribed for delivery, the purchaser shall be entitled to recover 0.5 % of
the value of the delayed supply for each week of delay or part thereof for a period
up to 10 (TEN) weeks and thereafter at the rate of 0.7% of the value of the
delayed supply for each week of delay or part thereof for another TEN weeks of
delay. In the case of package supply / turnkey projects where the delayed portion
of the supply materially hampers in totality, L/D charges shall be levied as above
42
on the total value of the concerned package / project of the Purchase
Order/Advanced Purchase Order. Quantum of liquidated damages assessed and
levied by the purchaser shall be final and not challengeable by the supplier.
17 FORCE MAJEURE 17.1 If, at any time, during the continuance of this contract, the performance in whole
or in part by either party of any obligation under this contract is prevented or
delayed by reasons of any war or hostility, acts of the public enemy, civil
commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions,
strikes, lockouts or act of God (hereinafter referred to as events) provided notice
of happenings of any such eventuality is given by either party to the other within
21 days from the date of occurrence thereof, neither party shall by reason of such
event be entitled to terminate this contract nor shall either party have any claim
for damages against other in respect of such non-performance or delay in
performance, and deliveries under the contract shall be resumed as soon as
practicable after such an event come to an end or cease to exist, and the decision
of the Purchaser as to whether the deliveries have been so resumed or not shall be
final and conclusive. Further that if the performance in whole or part of any
obligation under this contract is prevented or delayed by reasons of any such
event for a period exceeding 60 days, either party may, at its option, terminate the
contract. 17.2 Provided, also that if the contract is terminated under this clause, the Purchaser
shall be at liberty to take over 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 which may be in
possession of the Supplier at the time of such termination or such portion thereof
as the purchaser may deem fit, except such materials, bought out components and
stores as the Supplier may with the concurrence of the purchaser elect to retain.
18 TERMINATION FOR DEFAULT
18.1 The Purchaser may, without prejudice to any other remedy for breach of contract,
by written notice of default, sent to the supplier, terminate this contract in whole
or in part a) 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 clause15;
b) if the supplier fails to perform any other obligation(s) under the Contract;
and
c) if the supplier, in either of the above circumstances, does not remedy his
failure within a period of 15 days (or such longer period as the purchaser
may authorize in writing) after receipt of the default notice from the
purchaser.
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18.2 In the event the purchaser terminates the contract in whole or in part pursuant
to para 18.1 the purchaser may procure, upon such terms and in such manner,
as it deems appropriate, goods similar to those undelivered and the supplier
shall be liable to the Purchaser for any excess cost for such similar goods.
However the supplier shall continue the performance of the contract to the
extent not terminated. 19 TERMINATION FOR INSOLVENCY
The Purchaser may at any time terminate the Contract by giving written notice to
the Supplier, without compensation to the supplier if the supplier becomes
bankrupt or otherwise insolvent as declared by the competent court provided that
such termination will not prejudice or affect any right of action or remedy, which
has accrued or will accrue thereafter to the purchaser.
20 ARBITRATION 20.1 In the event of any question, dispute or difference arising under this agreement or
in connection there-with (except as to the matters, the decision to which is
specifically provided under this agreement), the same shall be referred to the sole
arbitration of the Additional General Manager, ITI Limited, Palakkad or in case
his designation is changed or his office is abolished, then in such cases to the sole
arbitration of the officer for the time being entrusted (whether in addition to his
own duties or otherwise) with the functions of the Additional General Manager,
ITI Limited, Palakkad or by whatever designation such an officer may be called
(hereinafter referred to as the said officer), and if the Additional General
Manager, ITI Limited, Palakkad or the said officer is unable or unwilling to act as
such, then to the sole arbitration of some other person appointed by the said
officer. The agreement to appoint an arbitrator will be in accordance with the
Arbitration and Conciliation Act 1996. There will be no objection to any such
appointment on the ground that the arbitrator is a Government Servant or that he
has to deal with the matter to which the agreement relates or that in the course of
his duties as a Government Servant he has expressed his views on all or any of the
matters in dispute. The award of the arbitrator shall be final and binding on both
the parties to the agreement. In the event of such an arbitrator to whom the matter
is originally referred, being transferred or vacating his office or being unable to
act for any reason whatsoever, the Additional General Manager, ITI Limited,
Palakkad or the said officer shall appoint another person to act as an arbitrator in
accordance with terms of the agreement and the person so appointed shall be
entitled to proceed from the stage at which it was left out by his predecessors. 20.2 The arbitrator may from time to time with the consent of both the parties enlarge
the time frame for making and publishing the award. Subject to the aforesaid, Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.
20.3 The venue of the arbitration proceeding shall be the office of the Additional
General Manager, ITI Limited, Palakkad or such other places as the arbitrator may decide.
44
21 SET OFF
Any sum of money due and payable to the supplier (including security deposit
refundable to him) under this contract may be appropriated by the purchaser or
ITI Limited or any other person(s) contracting through ITI Limited and set off the
same against any claim of the Purchaser or ITI Limited or such other person or
person(s) for payment of a sum of money arising out of this contract or under any
other contract made by the supplier with the Purchaser or ITI Limited or such
other person(s) contracting through ITI Limited. 22 FALL CLAUSE
22.1 The prices once fixed will remain valid during the scheduled delivery period
except for the provisions in clause 13 of Section VI. Further, if at any time during
the contract (a) It comes to the notice of purchaser regarding reduction of price for the
same or similar equipment/ service and/or
(b) The prices received in a new tender for the same or similar equipment/ service are less than the prices chargeable under the contract,
the purchaser, for the purpose of delivery period extension, if any, will determine
and intimate the new price, taking into account various related aspects such as
quantity, geographical location etc., and the date of its effect for the balance
quantity/ service to the vendor. In case the vendor does not accept the new price
to be made applicable during the extended delivery period and the date of its
effect, the purchaser shall have the right to terminate the contract without
accepting any further supplies. This termination of the contract shall be at the risk
and responsibility of the supplier and the purchaser reserves the right to purchase
the balance unsupplied quantity/ service at the risk and cost of the defaulting
vendor besides considering the forfeiture of his Performance Bank Guarantee.
22.2 (a) The vendor while applying for extension of time for delivery of
equipment/services, if any, shall have to provide an undertaking as “We have not
reduced the sale price, and/ or offered to sell the same or similar equipment/
service to any person/organization including Department of central/state
Government or any central/state PSU at a price lower than the price chargeable
under the contract for scheduled delivery period.”
(b) In case under taking as in Clause 16.2(a) is not applicable, the vendor will
give the details of prices, the name(s) of purchaser, quantity etc. to the
purchaser, while applying extension of delivery period. 23 COURT JURISDICTION
Any dispute arising out of the tender shall be subject to the jurisdiction of the
competent court at Palakkad, Kerala.
45
SECTION - VIII
PERFORMANCE BANK GUARANTEE FORM
In consideration of ITI Limited having agreed to exempt ____________ (hereinafter call
“the said Contractors”) from the demand, under the terms and conditions of an
agreement/ Letter of Intent no. __________________ dated ____ made between ITI
Limited,__________ and _________ for __________________ the supply of
_____________ (hereinafter called “the said Agreement”), of security deposit for the due
fulfillment by the said Contractor(s) of the terms and conditions contained in the said
Agreement, on production of a Bank guarantee for ____________, we, (name of the
Bank) _________________(hereinafter referred to as “the Bank”) at the request of
_____________ (Contractors) do hereby undertake to pay to ITI Limited an amount not
exceeding __________ against any loss or damage caused to or suffered or would be
caused to or suffered by ITI Limited by reason of any breach by the said Contractor(s) of
any of the terms or conditions contained in the said agreement. 2. We (name of the Bank) _____________ do hereby undertake to pay the amounts
due and payable under this guarantee without any demur, merely on a demand from ITI
Limited stating that the amount claimed is due by way of loss or damage caused to or
would be caused to or suffered by ITI Limited by reason of breach by the said contractor
of any of the terms or conditions contained in the said agreement or by reason of the
contractors) failure to perform the said Agreement. Any such demand made on the Bank
shall be conclusive as regards the amount due and payable by the Bank under this
guarantee where the decision of ITI Limited in these counts shall be final and binding on
the Bank. However, our liability under this guarantee shall be restricted to a amount not
exceeding ________ . 3. We undertake to pay to ITI Limited any money so demanded notwithstanding any
dispute of disputes raised by the contractor(s) in any suit or proceeding pending before
any Court or tribunal relating thereto our liability under this present absolute and
unequivocal. The payment so made by us under this bond shall be valid discharge of our
liability for payment there under and the Contractor/ Supplier(s) shall have no claim
against us for making such payment. 4. We (name of the Bank) ___________ further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be taken for
the performance of the said agreement and that it shall continue to be enforceable till all
the dues of ITI Limited under or by virtue of the said Agreement have been fully paid and
its claims satisfied or discharged or till ITI Limited,___________ certifies that the terms
and conditions of the said Agreement have been fully and properly carried out by the said
Contractors and accordingly discharges this guarantee. Unless a demand or claim under
the guarantee is made on us in writing on or before the expiry of TWO YEARS/ TWO
AND HALF YEARS/ THREE YEARS from last delivery period of concerned Purchase
order less than SIX MONTHS/ SIX TO ONE YEAR/ MORE THAN ONE YEAR
respectively (actual period to be specified in Letter of Intent/ purchase order )from the
date hereof we shall be discharged from all liability under this guarantee thereafter.
46
We (name of the Bank) _______________ further agree with ITI Limited that ITI Limited shall
have the fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Agreement or to extent time of
performance by the said Contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by ITI Limited against the said Contractor and to forbear or
enforce any of the terms and conditions relating to the said agreement and we shall not be
relieved from our liability by reason of any such variation or extension being granted to the said
Contractors or for any forbearance, act or omission on the part of ITI Limited or any indulgence
by ITI Limited to the said contractors or by any such matter or thing whatsoever which under the
law relating to sureties would, but for this provision, have effect of so relieving us.
5. This guarantee will not be discharged due to the change in the constitution of the Bank or
the Contractors/ Supplier(s).
6. We (name of the Bank) _______________ lastly undertake not to revoke this guarantee
during its currency except with the previous consent of ITI Limited in writing. Dated the
_______________ date of _________
For _____________________________
(indicate the name of the Bank) witnesses (with address ) :
1. Signature (1) Signature (2) Signature
Name_________ with designation/ status with designation/ status
Address
_____________ with official Seal & Code no. with official Seal & code No.
Name of Bank Name of Bank
(1st Authorised Signatory of Bank) (2nd Authorised Signatory of Bank)
2. Signature Telephone no. of Branch ________
Name_______ FAX No. of Branch___
Address_________
Full address of Issuing office of the Bank
(to verify the genuineness of Bank guarantee) :
FAX No. Telephone No.
NOTE :Bank guarantee should be signed by more than one authorised officer if the value of Bank
guarantee exceeds Rs.50,000/-. ***********