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Bn.IlBP .• Guwobdi.Gissam) or Bank Guarantee of any Scheduled Bank shall be scanned and uploadedto the e-biding website within the period of bid submission.A part of earnest moneyis acceptable in the form of bankguaranteealso.In suchcase,minimum5010 of earnest moneyor Rs 20 lacs, whichever is less, will have to be deposited in shape prescribed above, and balance in shape of Bank Guarantee of any scheduled bank which is to be scanned and uploaded by the intending bidders. The physical EMD of the scannedcopy of EMD uploadedshall be deposited by the lowest bidder within a week after opening of financial bid failing which the bid shall be rejected and enlistment of the agencyshall be withdrawn by the enlisting authority. Further he /they will be debarred from further tendering on this work. The following undertaking in this regard shall alsoto be uploadedby the intending bidders: -~.~ .~hysicalEMDshall be deposited by mel uswith the of (;;ommandant).33t?BtlITBP, Guwahati '.IS.> in case IIwe becomethe lowest bidder within a week of the openingof financial bid otherwise department may reject the bid and also take action to withdraw my/ our enlistment. "end II We maybe debarred from further biding onthis work. Interested contractor who wish to participate in the bid has also to makefollowing paymentsin the form of DemandDraft or Payorder or Banker's Chequeof any Scheduled Bankand to be scannedand uploadedto the e-biding website within the period of bid submission: (i) Copyof documentsas specified in the press notice required shall be scannedand uploadedto the e-biding website within the period of bid submission.However certified copy of all the scannedand uploadeddocumentsshall have to be submitted only (dongthe M the office of 14. Online bid documentssubmitted by intending bidders shall be openedonly of those bidders, who has deposited Tender form fee with of (;!iShlmbndoaf. lard .Bn>l:TBP,Guwahati(Assam)and Earnest MoneyDeposit andother documentsscannedanduploadedare found in order. 15.The bid submitted shall becomeinvalidande-Bid proceSSing fee shall not be refunded if: -The bidder is found ineligible. -The bidder doesnot uploadall the documents(includingGSTregistration) asstipulated in the bid document includingthe undertaking about deposition of physicalEMDof the scannedcopyof EMD uploaded. -If any discrepancy is noticed between the documentsas uploadedat the time of submissionof bid andhard copies as submitted physicallyby the lowest bidderinthe office of bidopeningauthority. -The lowest bidder doesnot deposit physicalEMDwithin a weekof the openingof financial bid. 16.The Technical bid shall be openedfirst on due date andtime asmentionedabove.The financial bid of only those contractors/ JVs will be openedwhoqualify the eligibility criteria given in Part 1 of the bid document( i.e. Eligibility Document) and shortlisted after evaluation as given in the Eligibility Document. 17.The time and date of openingof the financial bid of contractors/ JVs qualifying the technical bid shall be communicatedto them at a later date. 18.The department reserves the right to reject any prospective application without assigningany reasonand to restrict the list of qualified contractors to any numberdeemedsuitable by it, if too manybids are received satisfying the laid downcondition. List of Documentsto be scannedand uploadedwithin the period of bid submission: I. E-Bid processinqfee inoriginal as Demanddraft/Treasury Challan/Payorder or Bankercheque should be deposited before time anddate of openingof Price bid. II. Cash/TreasuryChallan/DemandDraft/Pay order or Banker's Cheque/Deposit at Call Receipt/Bank Guaranteeof any ScheduledBankagainst EMD. III. Bid Documentwith Signature of respective contractor/Firm/JV IV. Certificate of Registration for GST. V. Any other Documentasspecified in the NIT VI. An undertaking that "The PhysicalEMDshall be deposited by me/us with the EEcalling the bid in caseIIwe becomethe lowest bidder within a weekof the openingof financial bid otherwise department mayreject the bid andalsotake action to withdraw my/our enlistment/ Signature of Contractor Page 2 of 17
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Jul 27, 2020

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Page 1: Bn.IlBP.•Guwobdi.Gissam)itbpolice.nic.in/itbpwebsite/Tender_new/PAGE/... · Bn.IlBP.•Guwobdi.Gissam) or BankGuaranteeof any ScheduledBankshall be scannedand uploadedto the e-bidingwebsitewithin

Bn. IlBP .•Guwobdi.Gissam) or Bank Guarantee of any Scheduled Bank shall be scanned anduploadedto the e-biding website within the period of bid submission.A part of earnest money isacceptable in the form of bankguaranteealso. In such case,minimum5010 of earnest moneyor Rs20 lacs, whichever is less, will have to be deposited in shape prescribed above, and balance inshape of Bank Guarantee of any scheduled bank which is to be scanned and uploaded by theintending bidders. The physical EMDof the scannedcopy of EMD uploadedshall be deposited bythe lowest bidder within a week after opening of financial bid failing which the bid shall berejected and enlistment of the agencyshall be withdrawn by the enlisting authority. Further he/they will be debarred from further tendering on this work.The following undertaking in this regard shall also to be uploadedby the intending bidders:-~.~ .~hysicalEMDshall be deposited by mel us with the of (;;ommandant).33t?Btl ITBP, Guwahati'.IS.> in case IIwe become the lowest bidder within a week of the opening of financial bidotherwise department may reject the bid and also take action to withdraw my/ our enlistment."end II We maybe debarred from further biding on this work.Interested contractor whowish to participate in the bid has also to make following payments inthe form of DemandDraft or Payorder or Banker's Chequeof any Scheduled Bank and to bescannedand uploadedto the e-biding website within the period of bid submission:(i) Copyof documentsas specified in the press notice required shall be scannedand uploadedtothe e-biding website within the period of bid submission.However certified copy of all thescannedand uploadeddocumentsshall have to be submitted only (dongthe

M the office of

14. Online bid documentssubmitted by intending bidders shall be openedonly of those bidders,who has deposited Tender form fee with of (;!iShlmbndoaf.lard .Bn>l:TBP,Guwahati (Assam) andEarnest MoneyDeposit andother documentsscannedanduploadedare found in order.15.The bid submitted shall becomeinvalidande-Bid proceSSingfee shall not be refunded if:-The bidder is found ineligible.-The bidder doesnot uploadall the documents(includingGST registration) asstipulated in the biddocument includingthe undertaking about deposition of physicalEMDof the scannedcopyof EMDuploaded.-If any discrepancy is noticed between the documentsas uploadedat the time of submissionofbid andhard copiesas submitted physically by the lowest bidderin the office of bidopeningauthority.-The lowest bidder doesnot deposit physicalEMDwithin a weekof the openingof financial bid.16.The Technical bid shall be openedfirst on due date and time asmentionedabove.The financialbid of only those contractors/ JVs will be openedwhoqualify the eligibility criteria given in Part 1of the bid document( i.e. Eligibility Document) and shortlisted after evaluation as given in theEligibility Document.17.The time and date of openingof the financial bid of contractors/ JVs qualifying the technicalbid shall be communicatedto them at a later date.18.The department reserves the right to reject any prospective application without assigninganyreasonand to restrict the list of qualified contractors to any numberdeemedsuitable by it, if toomanybids are received satisfying the laid downcondition.List of Documents to be scannedand uploadedwithin the period of bid submission:I. E-Bid processinqfee in original as Demanddraft/Treasury Challan/Payorder or Banker chequeshould be deposited before time anddate of openingof Price bid.II. Cash/Treasury Challan/DemandDraft/Pay order or Banker's Cheque/Deposit at CallReceipt/Bank Guaranteeof any ScheduledBankagainst EMD.III. Bid Documentwith Signature of respective contractor/Firm/JVIV. Certificate of Registration for GST.V. Any other Documentasspecified in the NITVI. An undertaking that "The PhysicalEMDshall be deposited by me/us with the EEcalling thebid in caseIIwe becomethe lowest bidder within a weekof the openingof financial bidotherwise department mayreject the bid andalso take action to withdraw my/our enlistment/

Signature of ContractorPage 2 of 17

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debar me/us from tendering in CPWD."(Modified vide OM DG/MAN/303 dated 28.03.2014)VII. Valid enlistment/ Registration Certificate/ order & PAN card.

INSTRUCTIONS TO TENDERERS

for

On behalf of the President of India, I have to state that:

1. (i) The form of tender is uploaded, showing the conditions of supply and includes aschedule on which you should fill in your rates both in words and in figures, yourrates are to included patent rights (if any) and all freight charges or impositionswhatever liveable in respect of the supply (Except in cases where the contractor isallowed by the law under which such duties and taxes. Rates of impositions arelevied, to obtain subsequent and of sums so paid on presentation of the necessarycertificate and unless otherwise stated in the schedule). You may not quotefractions of a paisa in giving those rates. You are to sign and date both the tenderand the schedule and also the 'Specifications and conditions' attached to theschedule (if not contained in the letter) additions or alterations if any should beattached by the Signatory of the tender under his full Signature.

(ii) It is not essential that you should tender for all the items shown in the schedule orever for more than one. Youmay submit two Tenders for each item if you wish to doso i.e. (a) the rate at which you are willing to supply each item separately (b) a lowerrate at which you are willing at which supply in considerations of your tender ratesfor all the items being accepted but in the latter cases you must distinctly statethat these rates are only on the place indicated above may be quoted separately.

(iii) Any special conditions and stipulations attached or referred to in the form of thetender shall prevail over the general conditions or stipulation. For stipulationscontained therein so far as and to the extent to which the latter are if any mayrepugnant to the former.

2. If you are firm (i.e. you have a partner or partners) each one of you must sign the tender,the schedule and if it be not embodied in the schedule, the specification and conditions. Ifany partner were absent forms will be Signed by his duly constituted attorney. If any partnersigns the tender or any documents forming part of the contract on behalf of the firm theoriginal partnership agreement or the power of attorney duly executed in his favour toauthorise him to bind the firm in all matters pertaining to the contract including thesubmission of any dispute relating to business of the firm to arbitration should be to thetender or such other document. If you (or any of your partners) were unable to write, you orhe must make your/his mark to affix your/his seal instead and this mark or seal must beattached and dated by some responsible person. In case where verified copies of partnershipdeeds and power of attorney are held by the executive authorities having been submitted atthe time of their registration the following certificate only may be attached to the under:-

" I/we certify that the constitution of my/our firm is as under

(a) I am the manager and hold a proper power of attorney (copy attached) from otherpartners in my favour.

Signature of ContractorPage 3 of 17

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,.,(b) The following whose signature(s) is/are appended is/are the partners of my/our firmas given in the original partnership agreement and that my/our documents have beensigned by all partners shown there under>

ADDRESSFirst partner: _

SIGNATURE

Second partner: - _

Sign. of Manager Sign. of sole proprietor

Note: - Item not applicable to be deleted.

If you are not a firm, the following certificate is to be attached to the tender:-

"I certify that I am the sole proprietor and there are no other partners doing businessconjointly with me"

(In the case limited company registered in accordance with the article of Association thefollowing certificate may be attached to the Tender)

"I certify that I am the Managing Director and I hold the powers of attorney executed inaccordance with the Articles of association of the company to sign all documents on behalfof the company".

In case where a partner of a firm dies before acceptance of the tender the survivingpartner (s) and the legal representatives of the deceased must renew the tenders. Thesignatures of one recognised agent on behalf of a firm can only be adopted if he holds aproper powers of attorney signed by all these partners. His power of attorney must besubmitted for inspection at the time of tendering. It must in the case of a Registeredcompany and in the case of partnership be signed by all the partners of the firm and mustbe properly stamped and registered with the district registration authorities. Thecollector of the Distt. Where it is executed.

3. The successful tenderer will be notified on acceptance of his tender in whole or in par1.Till then no tenderer has any right to assume that his tender has been accepted, in wholeor in part and if any tenderer disregards this warning and makes any arrangement orincurs any expenditure in anticipation of receipt of notice of acceptance he will have noclaim for compensation.

On issue of the notice of acceptance, the tender will become a contract in so far as thenotification shows the whole or part of the tender that has been accepted and thetenderer will furnish the security deposit as specified in the acceptance of Tender andhandover the Treasury receipt/the bank deposit receipt/Govt. security etc, lodged assecurity deposit to the Commandant, 33rd Bn ITB Police by the time and date as specifiedin the accpetance of tender. Until receipt of the security deposit in full or in the event ofthe non-submission of the security deposit the earnest money will be retained andconsidered as part of the security and shall be subject to disposal by Govt. in accordancewith clause 2 of the Tender. The amount of this security deposit will be calculated interms of rupees @ 5':'0 of the value of the estimated cost of the contract for which yourtender has been accepted and according to the rates tendered and accepted for the same.

\

~~,' ',.'

Signature of ContractorPage 4 of 17

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4. These will be accepted at their surrender value at the time of tender. These certificateswould be formally transferred to Commandant, 33rd Bn ITB Police with the sanction of theHead Postmaster concerned.

(a) PROMISSORY NOTES AND STOCK CERTIFICATE OF THE CENTRAL OR ASTATE GOVERNMENT MUNICIPAL DEBENTURES OR PART TRUST B.JARD.These will be accepted at 5'Yo below the market price or at the face valuewhichever is less.

(b) BANK DEPOSIT RECEIPT: Deposit receipts of the State Bank of India or itssubsidiaries only will be accepted. The deposit receipt should be made in the nameof the Commandant, 33rd ITB Police.

(c) The depositor should agree in writing to undertake any risks involved In theinvestment.

(d) The bank should agree that on receipt of a signed Treasury challan a'ld awithdrawal order from the pledge in respect of the deposited any part thereof itwill at once remit the amount specified into the nearest treasury along wl:h thechallan and send treasury receipt to the pledge.

5. The responsitbility of the pledge in connection with the deposit and the interest on it willceases when the issue is final withdrawal order to the depositor and send an intimation tothe bank that he has done so.

6. Earnest money of a successful tenderer will be returned as soon as the security deposithas been furnished (unless it will be used as part security) that of unsuccessful tenderers(unless of forfited under clause 9 below) will be returned immediately after rejection ofthe tenders.

7. The tenderer shall hold the offer open upto and including. It is understoodthat rhetender documents have been uploaded by the Tenderer and the tenderer is beingpermitted to tender in consideration of the stipulation on his part that after submittinghis tender he will not resile from his offer or modify the terms and conditions thereof.Should the tenderer fail to observe and comply with the forgoing stipulation, the earnestmoney shall be forfeited to the Govt. Without prejudice to any other rights of the Govt.under the contract and the law the earnest money shall also be liable to be forfeited infull, if the tenderer fails to furnishh security deposit by the due date. No interest will betaken of any communication relation to withdrawal, revocation or amendment to the tenderalready submitted except when it is to form of a letter duly Signed by the tender alreadysubmitted except when it is in the form of a letter duly credited torney if the tenderersare a partnership firm and by a person having express authority in the Commandant 33rdBn, ITB Police, before the last date prescribed for the submission of the sealed tenders.

8. Tenders that do not comply with the above conditions are likely to be rejected on thatground.

9. The approval of rejection of tenders rest with the Commandant, 33rd Bn ITB Police whoreserves to himself the right of the rejecting any tender or any item in a tender withoutassigning reason. The lowest tender will not, of necessity, be accepted.

10. The quantities stated on schedules as approximate requirements are only given as a roughguide and no claim for compensation will be made or entermined in case whose quantitiesare overdrawn or undrawn. All indents may be complied with at the contract rates

Signature af ContrectotPage 5 of 17

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whether the quantities demanded therein be within or in excess of the 'Approximaterequirements' .

11. Any further information required can be obtained on application on any workillg daybetween 10 AMto 5 PMto the ITB Police.

12. These instructions to tenderer are to be signed by you and returned with your tender.

13. Payment of bills of successful tenders will be made after passment through bank draft oran crossed drafts.Railway freight on all stores imported by you in connection with requirement of thecontract will be paid for you at public rates under no Govt. credit notes be issued to you inthis aspect.

14.

15. You will have no claim for compensation if any connection in octroi duty or in Ra Iwayfreight or other charges granted by or understood to be allowed by the railwayauthorities by subsequently withdrawn by in the event of any duty of customs or ex ;ist onthe articles for being imposed, increased decreased or remitted after the date of thecontract the amount of such imposition increase or decrease or remission shall be addedto or deducted from the contract paice as the case may be.

16. No priority certificates or letters to railway or other authorities will be given to you tofacilitate the carrying out of the contract except that under exceptional circumstances,which must be explained by you in writing and accepted by him as justifying suchassistance the Commandant, 33rd Bn ITB Police is authorised to address the Railwayauthorities to assist in supplying stores.

The giving of such assistance will in no way prejudice Govt. right to where the terms ofthe contract in case default.ALLTHE ABOVECONDITIONS AREACCERTEDBYME/US.

WITNESSSignature: SIGNATURE OF TENDERER/S

FULLADDRESSAddress:

Occupation:

Dated the day of 20_

FORMNO., _

TENDER FOR SUPPLYOF ALLARTICLES _

Detail of earnest money sent herewith:(To be filled in by the tenderer: )

Description No Date Face value in Rs

- -,'.

Signature of Cc itrectotPage 6 of 17

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To,•

The President of IndiaThrough Commandant 33rd BnIndo- Tibetan Border PoliceMHA/Govt. of India

Sir,

IIWe the undersigned agree on acceptance of this tender in whole or in part tosupply/render to the Commandant, 33rd Bn ITB Police or his representatives dulyauthorised to act for him in accordance with such acceptance, so many much of thearticles specified in the time during the period 03IQ.n!h~. (or to such date as this periodmay be extended of this tender) subject to the conditions and stipulations specified inthis tender (including any schedules and' specifications and conditions' contained thereinor attached there to) in the acceptance and in the Instructions to Tenderers ( all of whichconstitute are hereafter referred to as the Contract).

2. IIwe shall deliver/render the supplies at my/own expense in such quantities at suchtimes, in such manner, to such person and at such place (within the area covered by thecontract, as specified in the schedule) as the Commandant may direct.

3. Further in consideration of your agreeing to take from me/us and from no othercontractor the entire amount of supplies which the Officer operating the contract moyrequire within the period to the contract other than such as Govt may themselves supply,including produce obtained from their own stores and subject to the provisions of clause 6here of IIwe bind myself/ourselves not to revoke my/our tender during the aftermentioned period.

4. I/we shall furnish, as a security deposit within 15 days of issue of notice of theacceptance of this tender (in whole or in part) or before a commencement by me/us 01' theperformance of the contract whichever is earlier within such extended time as may atthe sole option of be granted to me/us) the sumspecified in the said notice of the acceptance and referred to in paragraph 4 of theInstructions to Tenderers and such deposit or the earnest money submitted with thetender if the security deposit has not been remitted at the time of the breach or non­performance will be liable to forfeiture in the events of any non-performance on my/ourpart of the contract if I/We fail to furnish such security deposit within that timeaforesaid this contract will be forthwith terminated and earnest money forfeited underthe orders of the officer sanctioning contract. If the security deposit is accepted in theform of a Bank draft deposit receipt which matures before the security deposit isreturnable under clause-17(iii) hereof I/we shall be at liberty to renew same subjectalways to the lien created in favour of Govt. under clause 7 of the 'Instructions toTenderer.

5. Any change in the constitutions of my/our firm shall be notified forthwith by me/us inwriting to the authority sanctioning the contract and such change shall not relieve anyformer member of the firm from any liability under the contract No. new partner/partnershall be accepted into the firm by me/us in respect of this contract written agreement tothis effect my/our receipt or acknowledgement of that of any partners subsequentlyaccepted as above shall bind me all of us and will be a sufficient discharge for any of thepurpose of the contract.

Signature of ContractorPage 7 of 17

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6. The officer sanctioning the contract may authorise such officers as he may wish tooperate the contract on his behalf and I/we and my/our agent will accept and carry outinstruction given by such officers (or issued by the officer or their representatives) inconnection with contract as if these were issued by the officer sanctioning the contract.

7. All moneys or compensation payable by me/us to Govt. under the terms of the contractmay be deducted from or realised or from interest arising therefrom or from any sumswhich may become due to me/us by Govt. under this contract or any other contract or anyother account with the Govt. In the event of my/our security deposit being reduced byreason of any such deduction or sale as aforesaid or should the value of such receipt orsecurities depreciate in value during the period that they held as such security deposit.I/we shall within fifteen days from the date of my/our being call led upon to do so, makegood and in case of receipts of certificates of amount required to complete the securitydeposit to the original value.

8. (i) The officer to whom supplies are to be delivered (in the contract performed to asthe officer operating the contract which expression shall include his dulyauthorised repesentative) may reject the supplies in whole or in part if in hisopinion they are not in all respects in accordance with the contract.

(ii) IIwe shall not charge or be paid for supplies rejected as above and such suppliesshall be removed by me/us at once at my/our own expense.

(iii) Government shall be under my liability whatever of rejected supplies and shall beat my/our risk. If rejected supplies be not removed by me/us within fifteen daysof rejection, the officer operating the contract shall be entitled to couse thesame to be removed on to leave them on Govt. premises and to charge me/us rentfor the space occupied, the amount of such rent being settled in case of dispute bythe officer. Sanctioning the contract or to sell or other wise dispose off goods onmy/our behalf and at my/our behalf at my/our risk and to retain any moneyreleased (after paying expense of sale) towards any sum due from me/us.

(iv) I/we shall neither claim nor be entitled to payment for any damage that rejectedsupplies may suffer from cutting, tearing or any other harm incidental to a fullproper examination and test such supplies.

(v) Government shall in the event of rejection of supplies, be entitled to demandreplacement at my/our own cost of such supplies of the quality required or ifreplacement is not permitted to recover from me/us the railway freight at publictariff rate in rejected supplies from the place of despatch to the place at whichrejection took place.

9. In the event of :-

i) Rejection of my/our supplies described in paragraph 8(i) above or of,

ii) My/our failing declining, neglecting or delaying to comply with any demand orrequisition or otherwise not executing the same in accordance with the terms ofcontract, the Officer operating the contract shall be at liberty (without prejudiceto any other remedy the Govt. may have on account of my claim for compenscrtionreceived loss and inconvenience caused by such breach on non-performance of thecontract) to purchase, or to procurement to arrange from Govt stock or otherwise,

Signature of ContractorPage 8 of 17

Asst. ;-...,....."~~0~3310 L';j· .

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~'iV"(WAsst. C -."~~~.r33:d i.,

at my/our expense such supplies as may have been rejected or that IIwe may havefailed, declined, neglected or delayed to supply, or such authorised substitutestherefore as are specified in the schedule there to and are approved by theofficer operating the contract and any excess cost incurred over the contractprice (together with all incidental charges and expenses) incurred in.

purchasing, procuring or arranging for such supplies or in authorised substi rutesand in case where issues in replacement are made from Govt stocks or supplies thecost or value of such stocks or supplies together with all incidental, charges orexpense shall be recoverable from me/us on demand.

a) be guilty and found in respect of the contract without the written approval or ifI/we attempt to do so.

b) Directly or indirectly give, promise an offer any bribe, gratuity gift reward oradvantage, pecuntiary or otherwise to any officer or person in the employment ofthe Govt in any way relating to such officers or persons of office or employment.

i) If any such officer or person mentioned in sub-paragraph (ii) (b) of this parabecome in any way directly or indirectly interested in the contract.

ii) If IIwe decline neglect or delay to comply with any demand or requisition orany other may fail to perform or observe any condition of the contract.

iii) If I/we or any of me/our partners become insolvent or apply for relief as aninsolvent or commence any insolvency proceedings or make any compostion withmy/our creditors or attempt to do so or in the case of our being a registeredcompany any.

iv) If it should transpire that I am with any other contractor (s) or that I am apartner/we are partners in any other firm(s).

In case of such reScission, my/our security deposit or such portion thereof as theofficer sanctioning the contract shall

10. The Officer sanctioning the contract may rescind this contract by issuing notice to mel usin writing.

i. If II We sub-let my/ our contract with out his written approval or if II weattempt to do so.

ii. If II We or are of my/ our agent or servants shall:

a. be guilty of fraud in respect of the contract or any other contract entered intoby mel us with Govt. or

b. directly or indirectly give, promise or offer any bribe, gratuity, gift, rewcd oradvantage/pecuntiary or other wise to any officer orperson in employment of theGovt. in any way relating to such officers or persons office or employment.

i. If any such officer or person mentioned in sub-paragraph (ii)(b) of this parabecome in any way directly or Indirectly interested in the contract.

Signature of ContractorPage 9 of 17

;..' ':,

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ii. If I!We decline / neglect or delay to comply with any demand or requisition or anyother may fail to perform or observe any condition of the contract.

iii. If I/ We or any of my/ our partners become insolvent or apply for relief as aninsolvent or commence any insolvency proceedings or make any composition withmy/ our creditors or attempt to do so or in the case of our being a registeredcompany any.

iv. If it should transpire that I am doing business with any other contractor(s) orthat I am a partner/ we are partners in any other firm(s).

I case of such rescission, my/ our security deposit or such portion thereof as theOfficer sanctioning the contract shall be forfeited.

11. (i) The officer to whom supplies are to be delivered (in the contract referred be asthe Officer operating the contract, which expression shall include his dulyauthorised representation may reject the supplies in whole or in part if in hisopinion they are not in all respects in accordance with the contract.

(ii) I1we shall not charges or be paid for supplies rejected as above, and such suppliesshall be removed by me/us at once at my/our on expense.

(iii) I/we shall neither claim nor be entitled to payment for any damage that rejectedsupplies any suffer from cutting tearing or any other harm incidental to a fullproper examination and test of such supplies.

(iv) Government shall be under no liability whatever of rejected supplies and it shall beat my/ our risk. If rejected supplies be not removed by me/us within fifteen daysof rejection, the officer operating the contract shall be entitled to me/us thesame to be removed and to charge me/us with all expenes incurred in such removalor to leave them on Government premises and to charge me/us rent for the spaceoccupied the amount of such rent being detailed in case of dispute by the officersanctioning the contract or to sell on otherwise dispose of the goods on my/ourbehalf and at my/our risk and to retain any money realised (after paying expenseof sale) towards any sum due from me/us.

(v) Government shall in the event of rejection of supplies be entitled to demandreplacement at my/our own cost of such supplies of the quality required or ifreplacement is not permitted to recover from me/us the railway freight at publictariff rate on rejected supplies from the place of despatch to the place at whichrejection took place.

12. In the event of :-

1) Rejection of my/our supplies described in paragraph 6(i) above or of

2) My/our failing, declining, neglecting or delaying to comply with any demand orrequisition or otherwise not executing the same in accordance with the terms ofcontract, the officer the contract the officer the contract shall be at liberty(without prejudice to any other remedy the Government may have on account ofany claim by such breach or non-performance of the contract) to purchase, or toprocure or to arrange from Government stocks or otherwise at

Asst. C ..• ~<il ,;32',

Signature of ContractorPage 10 of 17

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My/our expense, such supplies as may be been rejected or that IIwe may have failed,declined, neglected or delayed to supply, or such atuhorised susbstitutes therefore, asare specified in schedule here to and are approved by the office operating thecontract and any excess cost incurred over the contract price (together with allincidental charges expenses).

"

13. IIwe shall oblige me/our servants and agents to confirm to any reasonable instructions toensure these punctuality in attendance or supply cleanliness and respectful behaviour thatmay be given by the officer sanctioning the contract or the officer operating thecontract.

14. Deleted.

15 (i) IIwe shall submit the bill for the supplies made under the contract to theCommandant, 33rd Bn ITB Police or his representative duly accepted. These billswill be presented by me\us on the contract printed form and shall be receipted bymalus and be supported by the receipted vouchers given to me/us and by receivingofficers. The charges in these bills shall always be entered at the Same rate foreach supply as are shown in the schedule of the contract and under such clause ofthe schedule as pertains to it and is specified by the officer operating thecontract in the requisition or order.

(ii) If any retrenchment be made in payment of any bill submitted by me/us otherthan in respect of an ordinary audit objection and except in respect of recoveriesunder paragraphs 7 & 9 above on which final decisions have already been giver suchretrenchment shall be subject to an appeal, if preferred by me/us in writing within one month to the officer sanctioning the contract whose decision shall beaccepted by me/us as final. If the retrenchment be withdrawn and submission offreshh bill for the amount retrenched be sanctioned IIwe shall submit this bill tothe Commandant, 33rd Bn ITB Police or his representative with all necessarysupporting voucher within fifteen days of such decision being given.

(iii) My/our security deposit or any balance thereof remaining at the end of thecontract shall not be returned to me/us until my/our accounts have been finallyand settled and unti I IIwe have executed the usual 'NO DEMAND'.

16. In the event of withdrawl (or reduction in the number) and consequentcausing of or reduction in damand. I/we shall not be entitled of any compensation. Theofficer sanctioning the contract will however make reasonable under ours to give warningof any impending complete withdrawal of any reduction seriously effecting quantities likelyto be required under the contract.

17. I/we acknowledge that IIwe have made myself/ourselves fully acquainted with all theconditions and circumstances under which the supplies required under the contract willhave to be made or furnished and with the terms clauses conditions, specifictions andother details of the contract and IIwe shall not please ignorance of any of these asexcuse in case of complaint against or of rejection of supplies tendered by me/us or with aview either to asking for enhancement of any rates agreed to in the contract or to evadingany of my/our obligations under the contract.

18. (i) Any dispute of difference ariSing in the interpretation or application of provisionsof contract, settlement of which is not herein for provided for shall be referredto the sole arbitration of the officer sanctioning the contract or his successor inoffice or of any person notified by the Government.

Signature of ContractorPage 11 of 17

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(ii) The award of the arbitrator shall be final and binding on both the parties.

(iii) A demand for arbitration shall be in writing and made within.

(a) The last date of the delivery of goods according to the terms of the contract:(b) In case where the contract is cancelled wholly or partly, the date when the

letter of cancellation is issued.

(ii) Subject as aforesaid the arbitration act, 1940 or any statutory modification or re­encatment there or for the time being in force or nay rules made there under shallapply to the arbitration proceeding under this clause.

19. If costs of operation of the contract are increased or decreased by an act of legislatureduring the currency of the contract then the contract rate will be corresponding varied.

Signature(s) or marks(s) of TendererWitness:­Signature:­Address: -

Place:-

Dated the Day of 20 _

Signature of Tenderer(s)

Signature of ContractorPage 12 of 17

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"ANNEXURE TO THE TENDER"

OF ATDU-R-IN-G-------- -------------------------

'GENERAL CONDITIONS'

IIWe Agree That:-

1. The supplies will be tendered in accordance with the specification and specification is asattached hereto.

2. It is clearly said that the specification referred to above shall be interpreted as theminimum standard of size and quality of supply which shall be accepted and the goodssupplied shall be the best accordingated the seasons.

3. (a) The Government reserves the right to the issue the produce of any Govt. or Govt.aided/personal scheme either any within or without the area covered by thecontract in lieu of any article being supplied by me/us under the contract and IIweshall have claim against the Government as damages or compensation on account ofthe Suspension or cessation or supplies in full or in part caused by such issue.

(b) I/We shall ensure a sufficient & continuous supply of commodities through out theperiod of my/our contract with due regard to sub-paras (a) and above.

4. The supplies tanderer will be subject to inspection and approval by the board of officersof the Commandant, 33rd Bn ITB Police any supplies rejected by the above authorities oninspection before or during the issues will be replaced by me/us at once. If not replaced,the officer concerned may proceed to procure the supplies at my/our risk and expenseunder the provisions of clause 7(ii) of the tender.

Any supplies issued from Govt. stock in accordance with clause 7(ii) of tender shall becharged at Govt. issue rates published from time to time.

5. In case of dispute between me/us and the officer operating the contract regardingquality/quantities of the supplies tendered I/we agree to above by the decision of theCommandant, 33rd Bn ITB Police of such officer as may be detailed by him to investigatethe case and his decision shall be final and binding.

6. Delivery will be made on transport a ranged for and paid by me/us. I/we will also provideand pay for labour for unloading the carts at places of delivery and for weighing oversupplies to unit there.

7. The stores will be supplied in my/our own packing articles which if required IIwe willarrange to recover of Railway Station or Supply Depot or unit concerned under my/our ownarrangements.

(0) The receipt for transactions will be certified by the Commandant or his authorisedofficer of the unit cencerned which will support my/our claim for audit andpayment.

", .., Page 13 of 17Signature of Contractor

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(b) I/we hereby agree that payment for supplies tender by me/us under the contractwill be made to the credit of my/our account in a recognised bank in the Union ofIndia.

(c) I/we am/are required to acknowledge the receipt of all cheques bank drafts issuedin my/our favour. With regard to cheques sent to me/us by post. I/we shallaCknowledge receipt within 15 days from the date of their receipt. Failure onmy/our part to acknowledge receipt will render my/us liable to forfeit privilege ofreceiving cheques by post and unless I/we

(d) furnish a satisfactory explanation for my/our default in this respect paymentthrough cheques/bank drafts sent by post shall not be resumed and I/we shall berequired to obtain cheque for future payment on this contract form theCommandant, 33rd Bn ITB Police or his representative after rendering properreceipt.

8. In the event of an agent employed by me/us for the delivery of supplies such agent mustbe approved by the supply officer concerned. Agent(s) considered undesirable by theofficer operating the contract will be replaced by me/us by suitable desirable person(s).

9. Any restriction whatsoever, imposed by the local or provincial Government in the exportor import of the articles contracted for will not be accepted as an excuese for non­delivery of the same.

10. Under this contract I/we cannot refuse to provide for issue of the articles contracted forus substitute for any other item specified by Commandant, 33rd Bn ITB Police. The itemsthus supplied will be paid for as per rates quoted in the schedule. I/we will not beaccepted as an excuse for non-delivery of the same.

11. IIwe shall be responsible to pay octroi/terminal/sales/or any other tax leviable oncontract supplies, to municipal, Cantt or many other civil authorities.

12. I/we fully understand that this contract is liable to be terminated at 20 days notice,should changed in the system be ordered by the Commandant, 33rd Bn ITB Police.

13. IIwe hereby agree that Government shall be discharged from all liabilities under thecontract or otherwise in relation to the subject matter there to unless the arbitration ora suit, where such lies, is commenced within six months from the expiration of the periodmentioned in the schedules or any extension thereof.

The officer sanctioning the contract may extend the period of six months aforesaid Inwriting if owing to audit objections it is not in the opinion of the officer sanctioning thecontract practicable for me/us to commence such arbitration or suit in the periodaforesaid.

Nothing c:ontaiM(1 in the above provision shall apply to the refund if such portion ofsecurity deposit as is refundable to me/us after all admissible deductions.

14. I/we agree to YOllr local purchase organisation carrying on the activities and exploringmarkets in (lreQ I"which IIwe obtain produce to meet demands under this contract, eitherfor the purpose of purchasing any stores for building up reserve or augmenting supplies asmay be required from time to time or as may be consistent with any state or other Govt.control which may be introduced during the currency of the contract.

Page 14 of 17Signature of Contra xor

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15.

16.

17.

18.

19.

20.

Any restriction whatsoever imposed by the local or provincial government on the export orimport of the articles for will not absolve me/us from the obligation of this contract andwell not be accepted as an excuse for non- delivery of the same.I/We shall be responible to pay octori/terminal/ sales/ or any other tax leviable oncontract supplies, or Municipal, Cantt. Or any other civil authorized.I/We fully understand that this contract iotis liable to be terminated at 20 days notice,should change in the system be ordered by 1~!~qmfu9~g;rtt,~~~ an IOtS. Police.I1We hereby agree that government shall be discharged from all liabilities under thecontract or otherwise in relation to the Subject matter there to unless the arbitration ora suit, where such lice is a commenced within six months from the extension thereof.The officer sanctioning the contract may extend the period of six months of oresaid inwriting if owing to audit objection it has not in the opinion of the officer sanctioning thecontract practicable for me/us to commence such arbitration or suit in the periodaforesaid.

Nothing contained in the above provision shall apply to the fund so such potion of securitydeposit as is refundable to me/us after all admiSSible deductions

",.

Signature of ContractorPage 15 of 17

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... .Page 16 of 17

Instructions for Online Bid SubmissionInstructions to the Bidders to submit the bids online thro' the Central Public Procurement Portal

for e Procurement at https://eprocure.qov.in/eprocure/appI) Possession of valid Digital Signature Certificate (DSC) and enrollment/registration of thecontractors/bidders on the eprocurement/etender portal is a prerequisite for e-tendering.2) Bidder should do the enrollment in the eProcurement site using the "Click here to Enroll"option available on the home page. Portal enrollment is generally free of charge. Duringenrollment/registration, the bidders should provide the correct/true information including validemail_id. All the correspondence shall be made directly with the contractors/bidders throughemail_id provided.

3) Bidder need to login to the site thro' their user ID/ password chosen duringenrollment/registration.

4) Then the Digital Signature Certificate (Class II or Class III Certificates with signing keyusage) issued by SIFY /TCS/nCode/eMudra or any Certifying Authority recognized by CCA India oneToken/SmartCard, should be registered.

5) The DSC that is registered only should be used by the bidder and should ensure safety of thesame.

6) Contractor/Bidder may go through the tenders published on the site and download therequired tender documents/schedules for the tenders he/she is interested.7) After downloading / getting the tender document/schedules, the Bidder should go throughthem carefully and then submit the documents as asked, otherwise bid will be rejected.8) If there are any clarifications, this may be obtained online through the tender Site, or thro'the contact details. Bidder should take into account the corrigendum published before submitting thebids online.

9) Bidder then logs in to the site through the secured log in by giving the user id/ passwordchosen during enrolment/registration and then by giving the password of the eToken/SmartCard toaccess DSC.

10) Bidder selects the tender which he/she is interested in by using the search option & thenmoves it to the 'my tenders' folder.I I) From my tender folder, he selects the tender to view all the details indicated.12) It is construed that the bidder has read all the terms and conditions before submitting theiroffer. Bidder should go through the tender schedules carefully and upload the documents as asked;otherwise, the bid will be rejected.13) Bidder, in advance, should get ready the bid documents to be submitted as indicated in thetender document/schedule and generally, they can be in PDF/xls/rar/jpg/dwf formats. If there ismore than one document, they can be clubbed together and can be provided in the requested format.Each document to be uploaded through online for the tenders should be less than 2 MB. If anydocument is more than 2MB, it can be reduced through zip/rar and the same can be uploaded, ifpermitted. Bidders Bid documents may be scanned with 100 dpi with black and white option. Howeverof the file size is less than 1MBthe transaction uploading time will be very fast.14) If there are any clarifications, this may be obtained through the site, or during the pre-bidmeeting if any. Bidder should take into account the corrigendum published from time to time beforesubmitting the online bids.15) The Bidders can update well in advance, the documents such as certificates, annual repor-tdetails etc., under My Space/Other Important Documents option and these can be selected as pertender requirements and then send along with bid documents during bid submission. This willfacilitate the bid submission process faster by reducing upload time of bids.

Signature of contractor

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