TENDER for Purchase of Laptops, Monitors and ...

TENDER for Purchase of Laptops, Monitors and Multifunctional device

for UID enrolment in Maharashtra

Tender No.: DIT 2013/ CR 73/ 39

Issued By:

SETU MAHARASHTRA

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Directorate of IT, Government of Maharashtra

TABLE OF CONTENTS

INVITATION FOR TENDER ...................................................................................................................................... 6

INSTRUCTIONS TO BIDDERS ................................................................................................................................. 8

Tender Form and Tender Fee .............................................................................................................................................. 8

Definitions .......................................................................................................................................................................... 8

Submission of Tender Offers ............................................................................................................................................... 9

method of submission of tender form ................................................................................................................................ 9

Late Tender Offers .............................................................................................................................................................. 9

Cost of bidding .................................................................................................................................................................... 9

Earnest Money / Bid Security Deposit ................................................................................................................................. 9

Erasures or Alterations and Signing of Tender Offers ........................................................................................................ 10

Costs & Currency .............................................................................................................................................................. 10

Fixed Price..................................................................................................................................................................... 10

Offer Validity Period ..................................................................................................................................................... 10

Pre-bid conference : ...................................................................................................................................................... 10

Right to Alter Items ....................................................................................................................................................... 11

Modification and Withdrawal of Offers ........................................................................................................................ 11

Preliminary Scrutiny ...................................................................................................................................................... 11

Clarification of Offers .................................................................................................................................................... 11

SCOPE OF WORK ...................................................................................................................................................... 12

Specifications of equipment ............................................................................................................................................. 12

Area of operation ............................................................................................................................................................. 12

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Period of contract ............................................................................................................................................................. 12

BID EVALUATION ..................................................................................................................................................... 13

Tender opening and method of evaluation ....................................................................................................................... 13

Technical qualification criteria for Bidders ........................................................................................................................ 13

Technical Offer ................................................................................................................................................................. 13

Commercial Offer ............................................................................................................................................................. 13

Completeness of Bid ......................................................................................................................................................... 13

Price Comparisons ............................................................................................................................................................ 14

Award Criteria .................................................................................................................................................................. 14

No commitment to accept lowest or any tender ............................................................................................................... 14

Legal Jurisdiction .............................................................................................................................................................. 14

TERMS AND CONDITIONS GOVERNING THE CONTRACT ........................................................................... 15

Signing of Contract............................................................................................................................................................ 15

Security Deposit ................................................................................................................................................................ 15

Validity Period of the contract .......................................................................................................................................... 15

responsibilities of Vendor and OEM .................................................................................................................................. 15

Transfer & Sub- Letting ..................................................................................................................................................... 16

Completeness of Contract ................................................................................................................................................. 16

Protection against risk of obsolescence ............................................................................................................................ 16

Suspension & cancellation of contract .............................................................................................................................. 16

Amendment ...................................................................................................................................................................... 17

Corrupt or fraudulent Practices ..................................................................................................................................... 17

Resolution of Disputes .................................................................................................................................................. 18

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Legal Jurisdiction ........................................................................................................................................................... 18

Indemnity ..................................................................................................................................................................... 18

Publicity ........................................................................................................................................................................ 18

Vendors plan for obtaining order ...................................................................................................................................... 19

Purchase order & payment responsibility ......................................................................................................................... 19

Acknowledgement of the purchase order ......................................................................................................................... 20

Taxes and duties ............................................................................................................................................................... 20

Quality of goods & services ............................................................................................................................................... 20

Factory Inspection ............................................................................................................................................................ 21

Laboratory Testing ............................................................................................................................................................ 21

Packing and marking ......................................................................................................................................................... 21

Despatch instructions and notification ............................................................................................................................. 22

Delivery Documents ...................................................................................................................................................... 22

Extension of delivery period ......................................................................................................................................... 23

Liquidated Damages for delayed supply ........................................................................................................................ 23

Order cancellation ........................................................................................................................................................ 23

Risk purchase ................................................................................................................................................................ 24

Inspection at indenter/buyer premises ........................................................................................................................ 24

Surprise inspection by dit .............................................................................................................................................. 24

Performance Bank Guarantee ....................................................................................................................................... 25

Installation, Commissioning & acceptance .................................................................................................................... 25

Integration of Hardware, Software and Peripherals ...................................................................................................... 25

Manuals ........................................................................................................................................................................ 26

Operational Training ..................................................................................................................................................... 26

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Payment Terms ............................................................................................................................................................. 26

Warranty....................................................................................................................................................................... 26

Replacement due to Repeated Failure .......................................................................................................................... 26

Penalty for Downtime ................................................................................................................................................... 27

ANNEXURES ............................................................................................................................................................... 28

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INVITATION FOR TENDER

Directorate of Information Technology,

7th Floor, Mumbai - 400 032

On behalf of the Governor of Maharashtra, Setu Maharashtra invites sealed tender offers (Technical

and Commercial) for supply of laptops, monitors and multifunctional devices as listed in this document

for conducting UID enrollment in Maharashtra.

The tender document is available on Website maharashtra.gov.in. This can be downloaded. The filled

tender form shall accompany a scanned copy of crossed Demand Draft for an amount equal to tender

fee drawn on any scheduled bank in favour of the Director, Directorate of Information Technology,

Government of Maharashtra, payable at Mumbai at par without which tender will be taken as

incomplete and non-responsive and shall not be considered. The D.D. shall be submitted at DIT along

with the Bid security in person on or before the last date of submission. The tender fee shall be

nonrefundable.

Summary of the tender notice is as follows:

Tender Reference DIT 2013/CR 73/39

Tender fee Rs. 10,000

Bid Security (Earnest Money Deposit) Rs. 10,00,000

Pre-bid Conference date & place

On 7th Mar at 3.30 PM


7th Floor, Mantralaya, Mumbai 400 032.

Address of Communication Director, Directorate of Information Technology

7th Floor, Mantralaya, Mumbai 400 032.

Last Date of Bid Submission On 15th Mar at 3.30 PM

Telephone Numbers and email IDs for

contact

Phone: 022-22024177 Fax: 022-22044586

eMail ID: 1. [email protected]

2. [email protected]

3. [email protected]

The Director, Directorate of Information Technology reserves the right to accept or reject or cancel any

tender or relax any part of the tender offer without assigning any reason thereof.

http://www.maharashtra.gov.in/

mailto:[email protected]



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All the aforesaid items will be purchased for supply and installation at various locations in Maharashtra

(primarily district headquarters / Taluka places).

Dated: 28, February, 2013

Sd/-

Director,

Directorate of Information Technology.

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INSTRUCTIONS TO BIDDERS

TENDER FORM AND TENDER FEE

The tender document is available on Website maharashtra.gov.in. This can be downloaded. The

filled tender form shall accompany a scanned copy of crossed Demand Draft for an amount

equal to tender fee drawn on any scheduled bank in favour of the Director, Directorate of

Information Technology, Government of Maharashtra, payable at Mumbai at par without which

tender will be taken as incomplete and non-responsive and shall not be considered. The D.D.

shall be submitted at DIT along with the Bid security in person on or before the last date of

submission. The tender fee shall be nonrefundable.

DEFINITIONS

In this tender document and associated documentation, the following terms shall be interpreted

as indicated below:

a) “OEM” means Original Equipment Manufacturer.

b) "The Bidder" means the authorized dealer of the OEM who bids or offers the

goods and services against this tender.

c) "The Purchaser" means Director, Directorate of Information Technology, G.A.D.,

Govt. of Maharashtra.

d) “The Indenter/Buyer” means any officer authorized by the Government of

Maharashtra to place an order for supply of goods and services to the vendor.

e) “The Vendor” means the successful bidder or the dealer of the successful bidder

with whom the Purchaser enters into a Contract against this tender. The bidder is

expected to specifically state the details of the dealers in the bid.

f) "The Contract" means an agreement entered into by the Purchaser with the

vendor by signing a contract form in a given format by the parties, including all the

attachments and appendices thereto, and all documents incorporated by reference

therein;

g) "The Contract Price" means the price payable to the Vendor under the contract

for the full and proper Performance of its contractual obligations;

h) "The Goods" means laptops, monitors and multifunctional devices that the

Vendor is required to supply under the Contract;

i) "Services" means services ancillary to the supply of the Goods, such as

transportation and insurance, and any other incidental services applicable etc, such as

installation, commissioning, provision of technical assistance, training, on-site

comprehensive warranty, Testing, annual maintenance and other obligations of the Vendor

covered under the Contract.

j) "Consignee" means the officer authorized by the Government of Maharashtra for

receiving goods/services at the place of receipt;

k) “Non compliance” means failure/refusal to comply the terms and conditions of

the tender;

l) “Non responsive” means failure to furnish complete information in a given format and

http://www.maharashtra.gov.in/

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manner required as per the tender documents or non-submission of tender offer in given Forms /

Pro forma or not following procedure mentioned in this tender or any of required details or

documents is missing or not clear or not submitted in the prescribed format or non submission of

tender fee on EMD.

m) “Testing” means testing of the equipment exclusively in STQC (Standardization Testing and

Quality Certification) approved laboratory- www.stqc.nic.in under specified environment;

SUBMISSION OF TENDER OFFERS

Sealed Tender offers shall be received by the Director, Directorate of Information Technology in

its office at 7th floor, Mantralaya, Mumbai on or before the time and date specified in the

schedule of the tender notice. In the event of the specified date for the submission of tender

offers being declared a holiday, the offers will be received up to the appointed time on the next

working day.

The Director, Directorate of Information Technology may, at its discretion, extend this deadline

for submission of offers by issuing corrigendum and uploading the same on maharashtra.gov.in

website

Telex, cable or facsimile offers will be rejected.

METHOD OF SUBMISSION OF TENDER FORM

The two bids system shall be followed. Technical and Commercial Offers shall be sealed in

separate envelopes (Clearly marked “Technical Bid” and “Commercial Bid”) and submitted in a

larger sealed envelope. The tender needs to be submitted on or before the last date and time

for bid submission as mentioned in this document.

LATE TENDER OFFERS

Late submission will not be entertained and will be rejected.

COST OF BIDDING

The Bidder shall bear all costs associated with the preparation and submission of its tender, and

the Purchaser will in no case be responsible or liable for these costs, regardless of the conduct

or outcome of the tendering process.

EARNEST MONEY / BID SECURITY DEPOSIT

Bidder is required to submit a Bank Guarantee as an Earnest Money Deposit of Rs. 10,00,000

valid for two months from the date of submission of the tender. The bank guarantee must be

submitted in the format specified in Bid Security Form (BSF). Offers made without EMD / Bid

Security, will be treated incomplete and non responsive and the same will not be considered.

The Bank guarantee must be from a Scheduled Nationalized Bank.

EMD / Bid Security will be discharged / returned to bidders who were not awarded the contract

within 30 days from the finalization of the tender. However, for the vendor/dealer selected, the

EMD will be discharged only at the end of validity of the contract.

http://www.stqc.nic.in/

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The EMD / Bid Security may be forfeited:

In case the vendor fails:

i. To execute the agreement / contract within given period of time from the date of

the issue of the Letter of the Intent.

ii. To submit Security Deposit as specified in the terms and conditions

ERASURES OR ALTERATIONS AND SIGNING OF TENDER OFFERS

The original Tender Offer shall be signed by an authorized signatory of the Bidder/Vendor. Such

authorization shall be indicated by power-of-attorney or Board Resolution accompanying the

tender offer. The person or persons signing the Tender Offer shall sign/initial all pages of the

Tender Offer, except for unamended printed literature. All the pages of the tender offer/bid

should also bear the seal of the bidder/vendor except for unamended printed literature.

The Tender Offer shall contain no interlineations, erasures or overwriting except as necessary to

correct errors made by the Bidder, in that case such corrections shall be initialed by the person

or persons signing the offer and should also bear the seal of the bidder/vendor.

COSTS & CURRENCY

The offer must be given in Indian Rupees ( ) only, inclusive of the following:

Cost of the equipment

Installation and commissioning charges

Warranty charges

Transportation and Forwarding charges to the site

Insurance to cover equipment during transit, up to installation of equipment at

the respective sites and handing it over to end-user.

All taxes both direct and indirect including service tax and levies except Octroi

FIXED PRICE

The Commercial Offer shall be on a fixed price basis, inclusive of all taxes and levies except

Octroi (all direct and indirect taxes including local duties, levies etc). No price variation shall be

asked for relating to increase in customs duty, excise tax, dollar price variation, etc.

OFFER VALIDITY PERIOD

The tender offer must be valid for 60 days from the date of opening of the tender. However, the

Secretary, IT, GoM may extend this period for another 30 days, if the bidder accepts the same

in writing.

PRE-BID CONFERENCE :

A Pre-Bid conference of all the interested bidders will be held at the scheduled date and time.

The bidders will have to submit their queries to the email indicated in the tender notice at least

two days prior to the pre-bid meeting. In pre-bid meeting problems of general nature will be

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entertained. Any change decided in the pre-bid shall be uploaded on the Govt. of Maharashtra

website as corrigendum. This will form a part of this bid document.

RIGHT TO ALTER ITEMS

The Purchaser reserves the right to include or exclude any tender item/s, and also the

Purchaser reserves the right to make change in specifications of any items.

MODIFICATION AND WITHDRAWAL OF OFFERS

The Bidder may modify its bid by way of submitting supplement with a request to specific

amendment in the original bid submitted, provided a written request for the same is received by

the Purchaser before closing of the submission of bid. However, withdrawal of original offer will

not be allowed. No offer can be modified by the Bidder, subsequent to the closing date and

time for submission of offers. If date of submission is extended due to some reasons,

modification in offer is possible till extended period provided bid has not been opened.

PRELIMINARY SCRUTINY

Prior to the detailed evaluation, the Purchaser will determine the substantial responsiveness of

each offer to the tender documents. For purpose of this Clause, a substantially responsive bid is

one, which is in conformity with all the terms and conditions of the Tender Documents without

any material deviations. The Purchaser’s determination of an offer’s responsiveness will be

based on the contents of the tender offer itself without recourse to extrinsic evidence.

The DIT will scrutinize the offers in respect of their completeness, submission of technical

documents duly signed, etc. The Purchaser will short-list technically qualified bidders based on

compliance of the qualifying criteria.

The Secretary, IT reserves the right to waive any minor infirmity or irregularity in the tender

offer on recommendation of the committee, if he finds, it is in the interest of the Government.

The decision in these regards of the Secretary, IT will be final and binding on all Bidders.

CLARIFICATION OF OFFERS

To assist in the scrutiny, evaluation and comparison of offers, the Purchaser may, at its

discretion, ask some or all the Bidders for clarification of their offers on any of the points

mentioned therein and the same may be sent through email, facsimile. However, in such cases,

original copy of the technical clarifications shall be sent to the Purchaser through courier or in

person. The request for such clarifications and the response shall be in writing.

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SCOPE OF WORK

SPECIFICATIONS OF EQUIPMENT

The technical specifications in the Annexure are the minimum requirements of the purchaser.

The Bidder can offer higher/latest specification without changing the make and model of the

product. However, if the particular model becomes obsolete and such certificate is produced by

the OEM with supporting document showing the replacement of the existing model with new

model with higher specifications, the DIT will consider replacing the existing model with new

model and the same will be published on the website as corrigendum. Purchase and Supply of

product other than Make and Model mentioned in the tender / Corrigendum shall be construed

beyond the purview of this tender. The total number of laptops, monitors and multifunctional

devices intended to be purchased as part of this tender is 2000 (Two thousand).

AREA OF OPERATION

The laptops, monitors and multifunctional devices as specified in this tender document shall be

used for UID enrollment in Maharashtra. The bidder would have to deliver the machines at each

of the 35 District HQs in Maharashtra. The approx. number of machines to be delivered at the

each of the District HQs shall be based on the following concept:

6-7 machines in each District HQ

4-5 machines in each Taluka HQ

However, Setu Maharashtra reserves the right to alter/modify the numbers as per the project

need.

PERIOD OF CONTRACT

The contract shall be for a period of 3 years, within which the vendor is expected to service the

machines as and when required.

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BID EVALUATION

TENDER OPENING AND METHOD OF EVALUATION

The technical bids will be opened before the committee and the same will be evaluated as per the

qualification criteria and relevant documents in support of them. The bidders meeting the qualification

criteria shall be deemed as technically qualified the Commercial bids of only technical qualified bidders

will be opened before the committee. Decision of the committee will be final.

TECHNICAL QUALIFICATION CRITERIA FOR BIDDERS

a) The bidder should be a company registered under the Companies Act 1956 and should

be in operation for atleast 5 years as on date of submission of bid

b) The bidder should be bidding the laptops and multifunctional devices

from OEM(s) which is among the top 5 companies in the India region in any of the previous

two Quarters as published in IDC/ Gartner/ Frost and Sullivan report for the respective

products.

c) The bidder should be an authorized dealer of the OEM(s) whose laptop

and multifunctional device has been quoted as part of this tender.

d) The bidder should have a turnover of at least Rs.5 Crores during each of

the last two years from IT and IT related business

e) The bidder should be a positive net worth firm for each of the last two years.

f) The OEM(s) whose laptops and multifunctional device are being bid for in

this project should have authorized service centers in each of the six divisions of

Maharashtra

g) The bidder should not have been blacklisted by the Central Government,

State Governments or Government Corporations in India.

h) Neither the bidder nor the OEM should have any pending case with GoM.

TECHNICAL OFFER

The Technical Offer (T.O.) shall be complete in all respect and contain all information and

documents asked for, except prices. It must not contain any price information. The list of

documents to be uploaded as part of Technical offer can be found at the checklist table in

Annexure

COMMERCIAL OFFER

i. Bidder shall submit their prices only in the Commercial Bid envelope. Price quoted elsewhere

shall be liable to rejection.

a. Rate quoted shall be inclusive of Supply, Installation, Warranty, taxes including

VAT & Sales tax and duties etc.

COMPLETENESS OF BID

Technical details must be completely filled in. Correct technical information of the product being

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offered must be filled in. Filling up of the Technical Detail Form in the website using terms such

as “OK”, “accepted”, “noted”, “as given in brochure / manual” is not acceptable. The Purchaser

may treat offers not adhering to these guidelines as non acceptable.

PRICE COMPARISONS

The Purchaser will evaluate Commercial Offers of only technically qualified vendors. After

opening Commercial Offers of the technically qualified they will be determined to be

substantially responsive before comparing the commercial bids submitted by the bidders. If

there exists any discrepancy between words and figures, the lower amount indicated will be

considered.

AWARD CRITERIA

i. The L1 bidder shall be awarded 50% of the total volume.

ii. The L2 bidder shall be awarded 30% of the total volume, provided the L2 bidder matches

the L1 price.

iii. The L3 bidder shall be awarded 20% of the total volume, provided the L3 bidder matches

the L1 price.

iv. In case the L2 or L3 bidder doesn’t match the L1 rate, then the next bidder shall be

given a chance and so on.

v. In case only 2 bidders are finally selected, then the L1 bidder shall be awarded 60% of

the total volume and L2 bidder shall be awarded 40% of the total volume.

vi. In case only 1 bidder is selected, then the complete volume shall be given to the L1

bidder.

vii. However, the Secretary, IT, GoM reserves the right to further negotiate the prices

quoted by the L1 bidder.

viii. If there is more than one bidder having the lowest offer, the Committee reserves the

right to select the bidder(s) based on past Performance and that will be binding on all

bidders.

NO COMMITMENT TO ACCEPT LOWEST OR ANY TENDER

The Purchaser shall be under no obligation to accept the lowest or any other offer received in

response to this tender notice and shall be entitled to reject any or all offers, including those

received late, or incomplete, without assigning any reason therefore. The Purchaser reserves

the right to make changes in terms and conditions of the tender. The Purchaser will not be

obliged to meet and have discussions with any of the Bidder and / or to give a hearing on their

representations.

LEGAL JURISDICTION

All legal disputes are subject to the jurisdiction of Civil Courts Mumbai only.

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Terms and Conditions Governing the Contract

SIGNING OF CONTRACT

i. The vendor shall upon after selection of the successful bid execute an agreement of

contract in a given format (as in Annexure) within 7 days from issue of the letter of intent

from DIT. In exceptional circumstances, on request of the successful bidder in writing for

extension, Director (IT) reserves the right to grant an extension for appropriate period after

getting satisfied with the reasons given.

ii. In addition to terms and conditions being mentioned hereunder, all terms and conditions

of the RFP and corrigenda issued will also be applicable for the contract.

iii. At the time of signing the agreement, the vendor shall submit Security Deposit for

required amount in the form of Bank Guarantee drawn on any Scheduled Nationalized Bank

in favour of the Director, Directorate of Information Technology, Govt. of Maharashtra

format given in Annexure. Without this agreement will not be executed.

iv. There shall be an agreement signed by the Director- IT and the vendor.

v. On failure to execution of the agreement, EMDs furnished will be forfeited.

vi. Terms and conditions of the contract may vary from product to product and so

accordingly some changes may be done in the Terms and conditions of the contract even at

the time of signing the agreement. Draft terms and conditions for the contract has been

provided at the Annexure.

SECURITY DEPOSIT

The vendor shall submit the security deposit of 10% of the total contract value

The security deposit should be valid for 36 months from the date of signing the agreement.

Security Deposit will be refunded after 2 months of the expiry of the aid time period, after

deducting the penal amount, if any, and on furnishing of indemnity bond.

VALIDITY PERIOD OF THE CONTRACT

i. The contract shall remain in force for 36 months from date of issue

RESPONSIBILITIES OF VENDOR AND OEM

i. The Vendor/Bidder will be solely responsible for terms and conditions of the contract

ii. The responsibility of the Vendor under the contract will be to supply quality product and

service support thereafter. Any action taken by the DIT in respect the quality and service

support shall be challenged only by the Vendor.

iii. The OEM shall submit the support plan which will include details of contact and

escalation matrix to whom the buyer will contact for support. Support plan with escalation

matrix shall be displayed on GoM website for indenter’s/buyer’s convenience. The service

support during the contract period shall be discharged only through the Authorized Service

Engineer.

iv. The responsibility of the vendor is to supply brand new and standard products without

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any damage with its / their installation and commissioning. The vendor shall be responsible

for delay in supply, installation & commissioning.

v. The vendor shall also be responsible for installing only licensed software.

TRANSFER & SUB- LETTING

The vendor has no right to give, bargain, sell, assign or sublet or otherwise dispose of the

Contract or any part thereof, as well as to give or to let a third party take benefit or advantage

of the present Contract or any part thereof.

COMPLETENESS OF CONTRACT

i. The contract will be deemed as incomplete if any component of the

hardware, software, etc., or any documentation / media relating thereto is not delivered, or

is delivered but not installed and /or not operational or not acceptable to the indenter/buyer

after acceptance testing /examination.

ii. In such an event, the supply and installation will be termed as

incomplete and it will not be accepted and the warranty period will not commence. The

equipment will be accepted after complete commission and satisfactory functioning of

equipment for a minimum period of 10 days. The Warranty period will commence only on

acceptance (based on acceptance test) of equipment by the indenter/buyer.

PROTECTION AGAINST RISK OF OBSOLESCENCE

i. Service Support partner will make the spare parts for the systems available for a

minimum period of four years from the time of acceptance of the system. Thereafter,

Service Support partner will give at least twelve months notice prior to discontinuation of

support services, so that the Indenter/buyer may order its requirements of the spares, if he

so desires. If any of the components are not available or difficult to procure, or the

procurement is likely to be delayed for replacement, if required, the replacement shall be

carried out with state of the art technology equipment of equivalent or higher capacity, at

no additional charges to the Indenter/buyer or Tenderer.

ii. During the validity period of the order, if any of the machines /chips /parts becomes

unavailable in the market, the vendor will be bound to supply the next higher version

/configuration /family of the machines /chips /parts at the same price at which the rate

contract is fixed.

SUSPENSION & CANCELLATION OF CONTRACT

i. The Rate of the Vendor shall be suspended and the Vendor may be blacklisted forthwith

by the DIT without issuing notice on any of the following circumstances/reasons:

a. On finding deviation in technical specification as given in

Appendix – A, in the supplied product, or

b. Violation of any condition of the tender/ contract or part of

any condition of the tender contract, or

c. Deviation found in quality and quantity of the product

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supplied, or

d. On finding software supplied with hardware as pirated, or

e. If it is found that during the process of award of contract,

fraudulence was made by the bidder or the vendor if found to resort to the

fraudulent practice in getting supply order like offering incentive in terms of free

product or money.

ii. As stopping the supply of faulty/substandard product and taking appropriate action in

this regard is of an urgent and emergent nature required to protect the interest of the

Government, the Contract of the concerned will be first suspended without issuing any

notice. However, before taking the final decision on the matter, all concerned will be given

reasonable opportunities to explain their stand. After enquiry, if the vendor is found guilty,

the Contract of the concerned vendor for the product in question will be cancelled and other

appropriate legal action shall also be initiated against all concerned.

iii. The aggrieved party against the order passed by the Director, IT, GoM may file an

appeal to the Secretary, IT, GoM within 30 days of passing the order. The decision of the

Secretary, IT, GoM shall be final and binding.

AMENDMENT

No provision of Contract shall be changed or modified in any way (including this provision) either

in whole or in part except by an instrument in writing made after the date of this Contract and

signed on behalf of all the parties and which expressly states to amend the present Contract.

CORRUPT OR FRAUDULENT PRACTICES

The Purchaser requires that the Bidders under this tender should observe the highest standards

of ethics during the procurement and execution of such contracts. In pursuance of this policy,

the Purchaser defines the terms set forth as follows:

i. “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value

to influence the action of the public official in the award of the RC, procurement process or

in contract execution;

ii. In the event of corrupt practice and fraudulence in addition to penal action as per the

terms and conditions of the contract, legal action shall also be initiated against the

concerned.

iii. “Fraudulent practice” means a misrepresentation of facts in order to influence award of

contract or a procurement process or a execution of a contract to the detriment of the

Purchaser, and includes collusive practice among Bidders (prior to or after bid submission)

designed to establish bid prices at artificial non-competitive levels and to deprive the

Purchaser of the benefits of the free and open competition;

iv. The Purchaser will suspend the award of contract if prima-facie it is established that the

vendor had engaged in corrupt or fraudulent practices in competing for the contract in

question.

v. The Purchaser will declare a Bidder ineligible after giving opportunity of being heard,

either indefinitely or for a stated period of time, to be awarded a contract if at any time it is

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found that the Bidder has engaged in corrupt and fraudulent practices in competing for, or

in executing, a contract.

RESOLUTION OF DISPUTES

i. The Indenter/buyer and the Vendor shall make every effort to resolve amicably, by

direct negotiation, any disagreement or dispute arising between them under or in connection

with the any of the or part of the terms and conditions of the contract.

ii. If within thirty days from the commencement of such negotiations, the Indenter/buyer

and the Vendor have been unable to resolve dispute amicably, either party may referred it

for resolution to the Director, IT, GoM who will decide it on merit.

iii. An appeal against the order passed by the Director, IT, GoM may be preferred to the

Secretary, IT, Government of Maharashtra as a sole arbitrator whose decision shall be final

and binding on both the parties.

iv. Vendor or OEM’s liabilities under the contract will not exceed the price of the product and

services supplied to the Indenter/buyer.

LEGAL JURISDICTION

All legal disputes are subject to the jurisdiction of Civil Courts Mumbai only.

INDEMNITY

Vendor shall indemnify, protect and save the Indenter/buyer against all claims, losses, costs

damages, expenses, action suits and other proceeding, resulting from infringement of any

patent, trademarks, copyrights etc. or such other statutory infringements in respects of all the

hardware and software supplied by him.

PUBLICITY

Any publicity by the vendor in which the name of the Indenter/buyer is to be used should be

done only with the explicit written permission of the Indenter/buyer.

Page 19 of 39


Instructions to Vendors & Buyers

VENDORS PLAN FOR OBTAINING ORDER

i. The vendor shall provide contact details of its authorized service centre’s located in the

divisions Viz Mumbai / Pune / Nagpur / Aurangabad / Nashik / Amravati and details of

coverage of each of the 35 districts of Maharashtra by them. The details must include the

contact person, telephone numbers and the escalation matrix, who will collect the purchase

order and from whom enquiry about the supply can be made by the indenter/buyer. The

same will be displayed on GoM, Website for indenter’s / buyer’s convenience.

PURCHASE ORDER & PAYMENT RESPONSIBILITY

i. Selection of product included in the Rate Contract and placing purchase order shall be

discretion of the indenter/buyer, which cannot be challenged by any vendor. Raising any

objection by the vendor over the selection of the product by the buyer shall amount to

violation of the terms & conditions of the contract for which vendor shall be liable for penal

and other appropriate actions

ii. The purchase order for the product shall be placed directly by the authorized officer of

DIT, Govt. of Maharashtra.

iii. The purchaser has developed and implemented an online PO system in the future for

generating the Purchase Orders. It is mandatory for the vendor to accept the POs raised

from the system only.

iv. The purchase order shall be issued exclusively in the name of the vendor and payment

shall also be made in the name of the vendor only. Purchase order issued/received in

different name or cheque issued in different name shall not be taken as purchase under the

Contract.

v. The report submitted by the vendor to the DIT shall include purchase order,

corresponding number of equipment dispatched, and license numbers of the software

dispatched, manufacturer's unique ID number on the equipment, packing list and other

such documents. The online PO system would have provision to record the above

mentioned information against respective PO and once the system is made available it

would be mandatory for the vendor to record the information such system.

vi. Equipment dispatched without such reports to DIT shall be considered as violation of the

terms and conditions of the rate contracts and necessary action shall be initiated against

the dealer.

vii. The vendor cannot delegate its rights to any institution to receive purchase order or/and

payment in its name. If it is found that they have appointed such institution to receive

order and payment in its name, strict action shall be taken against the vendor, which may

also include termination of contract.

viii. The vendor cannot refuse to supply the items after signing the contract. Refusal

shall be violation of the term and condition of the contract and vendor shall be liable for

punishment to the extent of blacklisting of the vendor. The nature and quantum of

punishment shall be decided by the Director, IT, GoM in accordance with the law. An

Page 20 of 39


appeal, within 30 days of the date of passing order, can be preferred to the Secretary, IT

whose decision will be final.

ix. On receipt of the equipment in good condition and the same is/are accepted by the

concerned indenter/buyer, payment as per payment terms shall be made. Payment cannot

be withheld on pretext of non installation.

ACKNOWLEDGEMENT OF THE PURCHASE ORDER

i. The vendor shall accept Supply Order from the indenter/buyer against this Contract. He

shall examine the supply order(s) immediately on their receipt and bring to the notice of

officer placing the supply order, within 7 days of the receipt of supply order, any

discrepancy, with regard to the nomenclature, manufacturers part no. of the stores etc.

ordered for due rectification. The letter should be sent by Registered Post. A.D. Meanwhile,

supply of items which are clear for acceptance should not be held up and supplies be

arranged by the date mutually agreed upon.

ii. The dealer of vendor shall maintain stocks at the station (s) and shall make deliveries

against Supply Orders from such stocks as and when required. Upon receipt of a Supply

Order (S.O.), the vendor, within Seven (7) days, intimate to the S.O. issuing authority, the

quantity which can be supplied from stocks at the station(s) specified in the S.O. and within

the Delivery period stipulated therein and the time required to supply the balance.

iii. If the dealer is unable to supply the entire quantity within the time stipulated in the S.O.

and intimate the time within which supplies will be made by the dealer, the Officer placing

the S.O. will notify his acceptance of the Delivery Time offered by the dealer or negotiate

until an agreement is reached between the S.O. issuing Authority and the dealer.

iv. If the dealer fails to give such intimation within Seven (7) days, it will be taken that the

dealer has agreed to supply the stores within the Delivery Date Stipulated in the Purchase

order.

v. In all cases, the Delivery Time as deemed to be accepted by the dealer of vendor or

agreed upon as aforesaid between him and the officer placing the Purchase Order shall be

deemed to be essence of the Contract and delivery must be completed not later than such

Date. If in any case, no agreement with respect to the Delivery Time is reached between

the dealer and the Officer who has issued the Purchase Order, it shall be lawful for such

officer to withdraw the Purchase Order and the dealer shall have no claim in respect of such

withdrawal(s).

TAXES AND DUTIES

Rate should be inclusive of Supply, Installation and 3 Years onsite warranty, all taxes and duties etc

including VAT and Sales tax. Octroi Exemption Certificate, if applicable, shall be given by the indenter

along with purchase order to the vendor in the format prescribed by the local Octroi authorities. In case

the Octori exemption certificate is not being accepted at the Octroi check post, the indenter may provide

required support to the vendor. If Octroi exemption certificate cannot be given, the Octroi will be borne

by the indenter/buyer.

QUALITY OF GOODS & SERVICES

Page 21 of 39


i. The equipment/product must conform to the specifications given and of desired quality

(2000, but split as per the Award Criteria mentioned). The vendor shall guarantee that the

item/s delivered to the purchaser is/are brand new.

ii. Consistency in delivery shall be maintained for the entire lot of products ordered. All the

required quantity of product/s in schedule of requirement shall be of the same brand and

model number. The dealer shall not substitute any internal components or subsystems of

the product by similar items of different manufacturer/s.

iii. All the equipment shall be supplied with the relevant interface cables and necessary

standard accessories. Also, all the equipment shall be provided with ISI standard, 3-pin

power plugs (5-amp/15 amp, as required).

iv. The vendor as well as the OEM shall be jointly and severally responsible for and quality

of the supply.

FACTORY INSPECTION

i. The factory testing will be done in the Factory premises/warehouse of the vendor with all

the necessary testing facilities by the Inspection team constituted by the DIT or DIT at its

discretion may delegate the factory/ warehouse inspection to the indenter/buyer.

Expenditure related to inspection shall be borne by the vendor.

ii. The minimum lot sizes for testing shall be 50 numbers respectively. The OEM shall

provide a list of Serial Nos. of the equipment to DIT.

iii. The vendor shall make the equipment ready for inspection within 2 weeks from the date

of placing the order by the buyer.

iv. For every such batch, the dealer shall communicate in writing to the DIT about the

readiness of the equipment for inspection.

v. Normally, the inspection shall be conducted within a week after receipt of the

communication to the DIT.

vi. The method of inspection shall be on sampling basis and its intensity will be 10%.

However, the DIT reserves the right to make change in the methodology and intensity of

the inspection.

vii. On the satisfaction after tests, the batch shall be cleared for dispatch. On getting defect

in any of the sample, whole lot will be rejected.

viii. A tamper-proof inspection seal shall be affixed on the packed boxes of each batch so

inspected and cleared. Inspection team leader shall sign on the inspected boxes.

LABORATORY TESTING

One of every four hundred equipment shall be tested in the laboratory decided by the DIT at the

cost of the vendor. All the charges to carry out laboratory testing shall be borne by the dealer.

Selection of the sample shall be done by the inspection team as per the standard norms and

procedure.

PACKING AND MARKING

Page 22 of 39


i. Unless specified otherwise, consignment shall be securely and properly packed, and every

precaution taken to avoid loss or damage during transit. The packing shall be all-weather

proof and sufficient to withstand, without limitation, rough handling during transit and

exposure to extreme temperatures, salt and precipitation during transit and open storage.

Packing case size and weights shall take into consideration, where appropriate, the

remoteness of the goods' final destination and the absence of heavy handling facilities at all

points in transit.

ii. Each package should be clearly marked to indicate Description and Quantity of stores,

Name and Address of the indenter/buyer, Gross weight of the Package, S.O. No. and Date

and the Name of the Vendor as provided in the General Conditions of the Contract.

iii. The packing, marking and documentation within and outside the packages shall comply

strictly with such special requirements as shall be provided for in the purchase order and in

any subsequent instructions ordered by the indenter/buyer.

DESPATCH INSTRUCTIONS AND NOTIFICATION

i. Unless otherwise specified, supplies will be available from the date of Contract commences.

ii. It is essential that full and clear instructions regarding dispatch are given in the Supply

Order. Any changes in dispatch or delivery instructions should be notified to the vendor

under intimation to the DIT.

iii. Challans, Packing Notes must be submitted to the indenter/buyer sufficiently in advance

of the actual arrival of Stores at destination failing which the dealer shall be held responsible

for any subsequent discrepancy between actual receipt and the materials detailed in the

challan received later.

iv. The stores will be delivered free at indenter’s/buyer’s end including fright.

v. It will be responsibility of vendor for safe arrival of stores in full and good conditions at

indenter’s/buyer’s specified destination and indenter/buyer will not pay separately for transit

insurance, if any.

vi. Product shall confirm to standard guarantee/warranty effecting for a period of three

years from the date of installation and demonstration.

vii. The timelines for delivery and installation of equipment for all the divisional headquarter

location (which includes Mumbai) would be within 4 weeks of placing orders and for all other

locations it would be within 5 weeks of placing orders.

viii. The timeline for delivery of additional item would be within 1 week of placing the order.

DELIVERY DOCUMENTS

Within 24 hours of shipment, the vendor shall notify the indenter/buyer, by cable/telex/Fax the full

details of the shipment including Contract No., Receipt No., Date, Description of Goods, quantity

etc. The dealer shall submit the following documents to the purchaser:

a) 4 copies of the dealer invoice showing goods description, quantity, unit price, and

total amount.

b) Railway / Lorry receipt

Page 23 of 39


c) Inspection report

d) Manufacturer's guarantee certificate

EXTENSION OF DELIVERY PERIOD

As soon as it becomes apparent to the vendor that the delivery date(s) stipulated in the Supply

Order(s) cannot be adhered to, dealer should apply for extension to the officer(s) who placed the

supply order(s) giving reasons for the delay and also the date up to which extension is required.

The Officer placing the Supplying Order will consider such request and if he has no objection,

extend the delivery date suitably subject to the following conditions:

a. That no increase in price on account of any statutory increase in or fresh imposition

of Customs Duty, Excise Duty, Sales Tax or on account of any Tax or Duty leviable in

respect of stores specified in the said Supply Order which takes place after the agreed

delivery date Shall be admissible on such of the said stores as are delivered after the

said date.

b. That notwithstanding any stipulation in the contract for increase in price or any

other ground no such increase which takes place after delivery date shall be admissible

on such of the said stores as are delivered after the said date.

LIQUIDATED DAMAGES FOR DELAYED SUPPLY

i. If the dealer fails to deliver any or all of the equipment/products or does not perform the

Services within the time period(s) specified in the Contract, the indenter/buyer shall,

without prejudice to its other remedies under the Contract, deduct from the Payable

Amount, as liquidated damages, a sum equivalent to 0.5 percent of the price of the

undelivered stores at the stipulated rate for each week or part thereof during which the

delivery of such stores may be delayed subject to a maximum limit of 10 percent of the

stipulated price of the stores so undelivered. Such penalty is to be deducted always by the

indenter/buyer from the bill of the dealer or if purchased elsewhere the extra amount paid

will be recovered from Performance Guarantee.

ii. Once the penalty reaches maximum, the indenter/buyer shall make a report to the DIT

for terminating the contract and initiating other appropriate action against the vendor.

ORDER CANCELLATION

i. The indenter/buyer also reserves the right to cancel the order in the event of one or

more of the following circumstances:

Serious discrepancy in hardware noticed during the pre-dispatch inspection, if

any.

Delay in delivery and installation beyond a period mentioned in the purchase

order.

Breach by the vendors of any of the terms and conditions of the tender.

If the Vendor/OEM goes into liquidation voluntarily or otherwise.

ii. In addition to the cancellation of purchase order, the indenter/buyer reserves the right

to forfeit the Performance guarantee submitted to the indenter/buyer (in form of Bank

Page 24 of 39


guarantee) by the Vendor. However, proposal for cancellation of Supply Order need be

referred to DIT if Supply Orders is above Rs. 10 lakh in value and where it is established

that the delay in supply is due to willful negligence on the part of the vendor.

RISK PURCHASE

In case the Vendor fails to deliver the quantity as stipulated in the delivery schedule, the

indenter/buyer reserves the right to procure the same or similar materials from alternate

sources at the risk, cost and responsibility of the Vendor.

INSPECTION AT INDENTER/BUYER PREMISES

i. The vendor shall provide the copy of the factory inspection report having details

of the equipment and specimen signature of the inspecting officer to intending officer.

The intending officer shall physically inspect the equipment supplied and check the list of

items and their physical state.

ii. The intending officer or the team constituted by him/her shall do the checking of

the store. During the verification mainly the following parameters will be considered:

a. Seal put on the packed boxes and verify the signature thereon of the

inspecting officer.

b. For both Box/es with broken seal or signature on seal not matching with

that on inspection report, the equipment shall not be accepted by the

indenter/buyer and the same shall have to be taken back by the vendor at his

own risk and cost.

c. The dealer shall help in conducting this inspection and satisfy the

indenter/buyer.

iii. The dealer shall proceed to open the packing and to carry out the installation only

after a written acknowledgement has been obtained from the indenter/buyer that the

goods have been inspected and found to be in order.

SURPRISE INSPECTION BY DIT

i. In addition to the above inspection, the officer or the representative of the DIT may do

the surprise inspection of any destination of supply to check genuineness of the hardware,

software and peripherals supplied. Director, IT or his representative can choose any unit of

any product from any of the Indenter for lab testing. The STQC lab where testing is to be

carried out shall be decided by the DIT. If the quality of the product is found contrary to

the specification given in the RC, the RC shall be suspended. However, the final decision will

be taken as per existing law.

ii. Any interference by the vendor during the process of lab testing will be considered as

violation of terms and conditions and vendor will be liable for the punishment. After supply,

vendor shall not be authorised to take any supplied unit for testing. Besides, interfering

directly or indirectly in laboratory testing by the vendor/OEM to influence to the laboratory

authority shall be taken a fraudulent act on the part of the vendor/OEM and severe act as

per law will taken. It will be the duty of the head of the office concerned to carry out

Page 25 of 39


laboratory testing as per direction of the Director, IT.

PERFORMANCE BANK GUARANTEE

i. The vendor shall submit before installation of the equipment a Performance Security

Deposit for an amount equal to 10% of the value of the purchase in the form of Bank

Guarantee in the format given in Annexure from any Scheduled Bank in favour of the buyer

valid for 36 months from the date of installation and commissioning. Equipment will not be

accepted and payment against delivery will not be released without Performance Bank

Guarantee.

ii. The proceeds of the Performance guarantee shall be payable to the Indenter as

compensation for any loss / penalties / liquidated damages resulting from the dealer's

failure to complete its obligations under the contract.

iii. The Performance guarantee shall be discharged by the buyer to the dealer within 60

days of the expiry of the warranty period. Date of warranty shall start from the date of

successful commissioning of the equipment.

iv. However, the dealer need not submit a performance bank guarantee for supply of

additional items

INSTALLATION, COMMISSIONING & ACCEPTANCE

i. The vendor shall be responsible for delivery and installation of the Hardware at site of

the order and for making them fully operational within five weeks for all the divisional

headquarter location (which includes Mumbai) and for all other locations it would be within

6 weeks of placing orders. If not possible, it shall be communicated to the indenter/buyer in

writing with a copy to the DIT. The period shall start from the date of issue of the purchase

order.

ii. The vendor shall be responsible for configuring the power management settings and the

regional settings in all the items supplied as part of the contract as per the directives

provided by the purchaser.

iii. The dealer at the destination site, in the presence of indenter/buyer and/or its

representative, shall conduct acceptance test. The tests will involve installation and

commissioning and trouble free operation of the complete system for two consecutive days

apart from physical verification and testing. There shall not be any additional charges

payable by the indenter/buyer for carrying out this acceptance test.

INTEGRATION OF HARDWARE, SOFTWARE AND PERIPHERALS

i. The dealer shall integrate the hardware and peripherals supplied by him to make them

fully operational. The dealer will be responsible for demonstrating various parts to integrate

peripherals. However, in case of problems with machines and / or equipment, it will be the

dealer’s responsibility to locate the exact nature of the problem/s and rectify the same

except for the problems in the application software installed on the machine/s, if any.

ii. The dealer shall note that all the equipment and peripherals shall be supplied with the

relevant interface cables. Also, all the equipment shall be provided with ISI standard, 3 Pin

Page 26 of 39


Power Plugs (5-amps/15 amp, as required).

MANUALS

All equipment will have to be supplied with all the detailed operational and maintenance manuals

free of cost.

OPERATIONAL TRAINING

The dealer will have to train two users nominated by the indenter/buyer for a day (full-time) at

his cost for operation of all the equipment supplied and installed. The training will be as per the

satisfaction of the client / end user.

PAYMENT TERMS

i. 80 % payment within 45 days towards supply and successful installation of the

equipment by the vendor

ii. Balance 20% payment shall be made after 60 days from the start of use of equipment.

WARRANTY

i. The OEM shall provide comprehensive onsite warranty for a period of three years from

the date of installation and commissioning of equipment and software supplied.

ii. Any defect observed within 6 months of the supply, the OEM shall be obliged to change

or repair the equipment without making any charge.

iii. The buyer will take appropriate action against the concerned, if needed. An appeal,

within 30 days of the date of passing the order by the buyer, can be preferred to the

Director, IT, GoM. He will decide the case on merit. However, an appeal against the order

passed by the Director, IT can be filed to the Secretary, IT whose decision will be final and

binding.

iv. The equipment, if necessary, will be opened only by the OEM Engineer for

repair/otherwise during the warranty period. Warranty shall become void if the

indenter/buyer buys any other supplemental hardware from a third party and installs it

with/in these machines not through the authorized OEM engineer.

The warranty shall cover the following

i. The equipment/products should be repaired and made operational within 24 hours,

failing which a replacement should be given till the equipment is repaired. In case of

software, it shall be replaced.

REPLACEMENT DUE TO REPEATED FAILURE

If, during the warranty period, any equipment has any failure on two or more occasions, it shall

be replaced by equivalent new equipment / software by the Vendor at no cost to the

indenter/buyer.

Page 27 of 39


PENALTY FOR DOWNTIME

i. The Indenter/buyer may make a complaint about the equipment/ service through letter,

fax, e-mail, phone, SMS or any other means as the Indenter/buyer thinks fit or convenient

to the Service centre reported by OEM.

ii. On receiving complaint about equipment/ service, the service support partner will

respond and repair/replace or provide required services as per the schedule given below:

Sr. No. Location of

complaint

Response Period

(Visiting site)

Resolution

Period (After

response

period)

1 Mumbai, Thane & Pune Next Business day 24 hrs

2 Nashik, Aurangabad,

Amravati, Nagpur,

Next Business day 48 hrs

3 Other places Next Business day 96 hrs

iii. Public Holidays as declared by Government of Maharashtra will be excluded for the

above downtime calculation.

iv. In case Vendor fails to meet the above standards of maintenance, there will be a per day

penalty of Rs. 100 or 0.5% of the cost of the item, which ever is higher, after resolution

period.

v. In case the equipment is not repaired/replaced within two week, the penalty will be

charged at 5 (Five) times of the penalty shown above.

vi. If the original equipment is/are replaced by temporary substitute equipment within

resolution period, the penalty will not be charged for two weeks from the date of

substitution /replacement. If the same is not repaired/ replaced within two weeks, the

penalty at the above rate will be charged thereafter for one week and the same shall be 5

times thereafter. The penalty shall be deducted from the Performance guarantee.

vii. If the total penalty reaches an amount equal to or more than 10% of the order value of

the indenter, the same shall invoke the Performance Bank Guarantee and seek an

equivalent Performance bank guarantee.

--oo0oo--

Page 28 of 39


ANNEXURES

MINIMUM SPECIFICATIONS OF EQUIPMENT Annexure – A

LAPTOP

SPECIFICATIONS DETAILS

PROCESSOR INTEL CORE I3 2328 SPEED OF 2.2 GHZ AND 3 MB CACHE

BT/ WIFI INTEGRATED BT 4.0, WIFI

MOTHERBOARD OEM MOTHERBOARD

DISPLAY 14" HD ANTI GLARE

MEMORY 4GB DDR3 SDRAM @-1066MHZ EXPANDABLE UP TO 8GB WITH 1DIMM SLOT FREE

HDD 500 GB SATA HDD @ 7200 RPM

PORTS RJ 45, 1 - VGA, 1 - HDMI (1.4), 2 USB 3.0, 2 USB 2.0, 1- CARD READER

SUPPORT SD/SDHC/SDXC/MMC/MMS-PLUS/MS/MSPRO

BATTERY BACKUP 6 CELL LITHIUM

WEIGHT LESS THAN 2.5 KG

KEYBOARD &

MOUSE

84 KEYS WINDOWS COMPATIBLE KEYBOARD, INTEGRATED TOUCH PAD

OPTICAL DRIVE DVD RW - 12.7 MM TRAY LOADING

OS PRELOADED WINDOWS 7 PROFESSIONAL 64 BIT

WARRANTY 3 YRS COMPREHENSIVE ONSITE WARRANTY. BATTERY AND POWER ADAPTER WOULD HAVE

ONE YEAR WARRANTY

ANTI-VIRUS SHOULD BE FROM ONE OF THE “LEADER” IN THE LATEST (2013) GARTNER MAGIC

QUADRANT FOR END POINT SECURITY

ACCESSORIES LAPTOP CARRYING CASE

MONITOR


SIZE 14 “ OR HIGHER

Page 29 of 39


TYPE LCD

MULTI FUNCTIONAL DEVICE


FUNCTION PRINT COPY SCAN

DUTY CYCLE IN

PAGES

8000 PAGES

PPM – BLACK

(A4)

18 PPM

RAM 64 MB

RESOLUTION 600X600 DPI

MEDIA USED ALL PAPER BASED LASER SUPPORTIVE MEDIA UPTO 163 GSM

CUSTOM MEDIA

SIZE

UPTO LEGAL

STANDARD

OPERATING

SYSTEM

WINDOWS 7 PROFESSIONAL 64 BIT AND EARLIER VERSIONS OF WINDOWS XP, VISTA,

LINUX

SCANNING TYPE /

TECHNOLOGY

FLATBED SCANNING

SCAN

RESOLUTION

600X600 DPI OPTICAL

BIT/COLOR

DEPTH

24 BITS

COPY SPEED

BLACK

18 CPM

COPY

RESOLUTION

600X600 DPI

ZOOM 50% TO 200%

Page 30 of 39


COVERING LETTER ANNEXURE - B

Tender Reference No.: Date: __/__/2011

To: (Name and address of purchaser)

Gentlemen:

Having examined the tender documents including all annexure the receipt of which is hereby duly

acknowledged, we, the undersigned, offer to provide, the items in conformity with the said tender

documents at the price stated in our proposal.

If selected, we agree to enter into necessary agreements with you for supply of the products. We also

give our acceptance of the tender terms and confirm our willingness to supply at the quoted prices.

If our tender offer is accepted, we will submit the bank guarantee of a sum of Rupees --- for the due

Performance of the Contract within 15 days from the date of receipt of your Notification of Award /

Letter of Intent.

We agree to abide by this tender offer for a period of six months from the date of submission of bids

and shall remain binding upon us and may be accepted at any time before the expiration of that

period.

Until a formal contract is prepared and executed, this tender offer, together with your written

acceptance thereof and your notification of award shall constitute a binding contract for us and the

dealer to act upon.

We understand that you are not bond to accept the lowest or any offer you may receive.

Dated this ____ day of ________________2013

Signature: _____________________________________

(In the Capacity of: ) ____________________________

Duly authorized to sign the tender offer for and on behalf of

Page 31 of 39


BID SECURITY FORM (BSF) Annexure-C

Whereas ________________________________________(hereinafter called "the Bidder") has

submitted its tender offer dated ____ 2013 for the supply of ______________________(hereinafter

called "the tender")

KNOW ALL MEN by these presents that WE________________________________of

________________________(hereinafter called the Bank:) are bound upto

______________________________________________(hereinafter called "the Purchaser") in the

sum of ____________________________for which payment well and truly to be made to the said

Purchaser, the Bank binds itself, its successors and assigns by these presents. Sealed with the

Common Seal of the Said Bank this ___________ day of ----- 2013

THE CONDITIONS of this obligation are:

1. If the bidder withdraws its tender during the period of tender validity specified by the bidder

on the Tender Form ; or

2. If the Bidder, having been notified of the acceptance of its tender by the purchaser during

the period of tender validity :

(a) fails or refuses to execute the DRAFT CONTRACT FORM if required; or

(b) fails or refuses to furnish the Performance Security, in accordance with the instruction

given in tender document;

(c) fails to submit the commercial quotes during any of the future rounds of contract

formation

We undertake to pay the Purchaser up to the above amount upon receipt of its first written demand,

without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser

will note that the amount claimed by it is due it owing to the occurrence of one or both of the two

conditions, specifying the occurred condition or conditions.

This guarantee will remain in force up to and including _________________ 2016 and any demand in

respect thereof should reach the Bank not later than the above date

__________________________

(Signature of the Bank)

Page 32 of 39


DRAFT CONTRACT FORM (CF) Annexure-D

THIS AGREEMENT made the _________ day of __________2013

BETWEEN

Setu Maharashtra having its office at 7th floor, Mantralaya, Mumbai – 400 032. (hereinafter referred to

as “SETU”) which expression shall unless repugnant to the context or meaning thereof mean and be

deemed to include its authorized agents, representatives and permitted assigns of the First Part.

AND

<Name of the Successful Bidder> (hereinafter referred to as the “OEM”) which expression shall

unless repugnant to the context or meaning thereof mean and be deemed to include their successors

and permitted assigns having its corporate office at <Office / communication address of the Bidder /

Vendor> of the Second Part.

WHEREAS the contractor has tendered for providing services to DIT, Maharashtra as per the terms and

conditions mentioned in the <Provide Reference to the Annexure of the RFP containing the contract> of

the Request for Proposal (from herein after referred to as “RFP”) and the all subsequent corrigendum’s

published document, at a value as per the Commercial Bid submitted in response to the RFP. Whereas

such tender has been accepted and the contractor, on behalf of all his dealers, has deposited /

provided Bank Guarantee to DIT, Maharashtra for the sum of Rs. <Amount> /- (Rupees <Amount>

only) as security for the fulfillment of this Agreement.

NOW IT IS HEREBY AGREED between the parties hereto as follows:

The contractor has accepted the contract on the terms and conditions set out in the tender notice No:

<Tender Document Number> dated <Date> as well all response to queries via email dated <dates of

all Communication> and corrigendum issued on <dates of all corrigendum> which shall hold good

during period of this agreement.

Refund of deposit shall be based on the timelines, terms and conditions as has been specified in the RFP

and shall form a part of the contract. In absence of any timeline specified the deposit shall after the

expiration of 36 months from the date of efflux of the contract, be returned to the contractor but

without interest and after deducting there from any sum due by the contractor to DIT, Maharashtra

under the terms and conditions of this agreement.

This agreement shall remain in force until the expiry of <period of Contract> months from the date of

Page 33 of 39


entering into the contract or the end of <any time period of the validity of the contract as specified in

the RFP>, whichever is later, but DIT, Maharashtra may cancel the contract at any time upon giving

one months notice in writing without compensating the contractor.

In witness whereof the said Contractor hath set his hand hereto and the DIT, Maharashtra has affixed

his hand and seal thereto the day and year first above written.

All terms and conditions as specified in the RFP, clarifications issued and corrigendum issued in regards

to the Ref. No. : <Tender document Number> as has been mentioned above in the document shall

stand inforce unless has been expressly agreed to in writing by both the parties.

The Contractor shall be responsible to abide and shall be liable to deliver at bear minimum to the

requirements/deliverables as has been specified to in the RFP, clarifications issued and corrigendum

issued in regards to the Ref. No. : <Tender document Number> as has been mentioned above and any

higher deliverables as has been committed to by the Contractor in the Proposal or any subsequent

document submitted to & accepted by DIT, Maharashtra as part of award of the Contract.

The Successful Bidder shall take steps to meet the warranty obligations during the warranty period of

the products.

The following documents shall be deemed to form and be read and construed as part of this Agreement

viz:

(a) <Reference to be drawn to all relevant documents such as RFP, Clarifications,

Corrigendum, Technical Bid, Letters from Contractor accepting abidance by RFP>

IN WITNESS whereof the parties hereto have signed this on the _______day, _______month and

_________year first herein above written.

Signed, sealed and delivered

By

Director

For and on behalf of

SETU Maharashtra

Signed, sealed and delivered

By

------------------------------------

Page 34 of 39


For and on behalf of “<vendor> ”

Witnesses :

(1)

(2)

Page 35 of 39


PERFORMANCE SECURITY FORM (PSF) Annexure-E

To

(Name of Purchaser)

WHEREAS _____________________________________________________(Name of Supplier)

hereinafter called "the Supplier" has undertaken, purchase of Contract

No.________________________ dated, __________________2013 to supply

_______________________(Description of goods and Services) hereinafter called "the Contract".

AND WHEREAS it has been stipulated by you in the said Contract that the supplier shall furnish you with

a bank Guarantee by a recognized bank for the sum specified therein as security for compliance with

the Supplier's Performance obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the Supplier a guarantee:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the supplier,

up to a total of _________________________________(Amount of the guarantee in Words and

Figures) and we undertake to pay you, upon your first written demand declaring the Supplier to be in

default under the contract and without cavil or argument, any sum or sums within the limit of

___________________________ as aforesaid, without your needing to prove or to show this grounds

or reasons for your demand or the sum specified therein.

This guarantee is valid until the ___________ day of ______________ 2011

Signature and Seal of Guarantors

______________________________________

______________________________________

______________________________________

Date __________________________________

Address: _______________________________

______________________________________

______________________________________

SELF DECLARATION FORM FOR NOT HAVING PENDING CASES IN COURT OF LAW Annexure-F

Page 36 of 39


To

The Director,


Government of Maharashtra,

Mumbai – 400032.

Dear Sir,

I hereby declare that there are no pending cases against M/s______________________ (Name &

Address of Bidder) with Government of Maharashtra or any other court of law.

Signature of Bidder _____________________

Business Address _______________________

Place:

Date:

Page 37 of 39


NOTARIZED AFFIDAVIT Annexure-G

Undertaking

We M/s ___________________ (Name of the Bidder) having head office at

_______________________________________ undertake the following

1. We M/s___________________ (Name of the Bidder) are not blacklisted by the Central Government,

State Governments or Government Corporations in India.

2. We further undertake that our dealer(s) M/s ______________________ (Name of dealers) having

office at ---------------- is/are also not blacklisted by the Central Government, State Governments or

Government Corporations in India.

Signed on behalf of M/s ________________________ (Name of Bidder)

Place:

Date:

Page 38 of 39


Commercial Bid Format Annexure H

Sl. No. Line Item No. of items Unit Price (in Rs.) Total Price (Rs.)

1 Laptop 2000

2 Monitor 2000

3 Multifunctional device 2000

4 Total

Signed on behalf of M/s ________________________ (Name of Bidder)

Place:

Date:

Note: The above Total shall be used for L1 calculation.

CHECK LIST Annexure I

S.No. Document Yes/No/NA

1. Covering letter in the format given Annexure

2. Power of Attorney

3. Signed copy of tender document

4. Signed copy of all corrigendum issued

5. Tender fee

6. EMD in format given in Annexure

7.

C.A. Certificate and/ or Certified copy of Balance Sheet showing

their Net worth and annual turnover of the dealers more than

Rupees five crores from IT & IT Related Business for each of

the last two years

8.

IDC / Gartner/Frost & Sullivan publication establishing that the

OEM should be among the top 5 companies in India in any of

the previous two Quarters

9. Sales Tax Clearance Certificate from the competent authority

showing the Sales Tax paid up to Dec 2012

10.

An affidavit duly notarized (on stamp paper) verifying that

neither OEM nor Dealers have been black listed in the format

given in Annexure

11. Self declaration certificate in a given format for not having any

pending case either with GoM or in any court as in annexure

12. Technical Specification of all products bidding for

13. Product Brochures and leaflets

14. Details of the Authorized service centers on the letter head of

the bidder