Tender Document
ENQUIRYNO:OeSL-04/2014/03 TENDER FOR PROCUREMENT OF UPS AND PRINTER FOR OFFICE OF THE DEPUTY DIRECTOR, CONSTRUCTION AND QUALITY CONTROL STANDARD & DAM SAFETY (MEDIUM PROJECTS) DIVISION, BHUBANESWAR, GOVT. OF ODISHA Odisha e-Governance Services Limited (OeSL) Odisha Computer Application Centre (OCAC) Building, Plot No N-1/7-D Acharya Vihar Square, RRL Post Office Bhubaneswar - 751 013, Odisha Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 2 Table of Contents 1. 2 3 CHECKLIST................................................................................................................................................5 1.1. GENERAL BID.................................................................................................................................................. 5 1.2. TECHNICAL BID ............................................................................................................................................. 6 1.3. FINANCIAL BID .............................................................................................................................................. 6 INVITATION OF BIDS ............................................................................................................................8 2.1 INTRODUCTION ............................................................................................................................................. 8 2.2 ABOUT THE BID DOCUMENT ................................................................................................................... 9 2.3 SCHEDULE OF EVENTS................................................................................................................................ 9 2.4 AMENDMENT OF INVITATION................................................................................................................. 9 GENERAL CUM TECHNICAL BID ................................................................................................... 11 3.1 4 5 6 ELIGIBILITYCRITERIA...............................................................................................................................11 SCOPE OF WORK ................................................................................................................................. 14 4.1 SCOPE OF THE WORK ...............................................................................................................................14 4.2 SUPPORT & POST INSTALLATION WARRANTY .............................................................................14 4.3 INDICATIVE BILL OF MATERIAL ..........................................................................................................15 4.4 TIME LINE ......................................................................................................................................................15 4.5 REQUIRED SPECIFICATION (To be submitted with General cum Technical Bid) .............16 INSTRUCTION TO BIDDERS ............................................................................................................ 18 5.1 COST OF BIDDING .......................................................................................................................................18 5.2 PROPOSAL VALIDITY AND SECURITY ................................................................................................18 5.3 BID OPENING ................................................................................................................................................18 5.4 GENERAL INFORMATION .......................................................................................................................19 5.5 DISQUALIFICATION OR REJECTION OF TENDER ..........................................................................21 5.6 FORFEITURE OF EMD (BID SECURITY) .............................................................................................21 5.7 DISCREPANCIES IN BID ............................................................................................................................22 5.8 DOCUMENTS TO BE FURNISHED WITH GENERAL cum TECHNICAL BID ..........................23 5.9 DOCUMENTS TO BE FURNISHED WITH FINANCIAL BID ..........................................................23 5.10 EVALUATION METHODOLOGY .............................................................................................................23 TERMS & CONDITIONS ..................................................................................................................... 26 6.1 AMENDMENT OF BIDS ............................................................................................................................26 6.2 BID CURRENCIES .......................................................................................................................................26 6.3 BID SUBMISSION .......................................................................................................................................26 6.4 MODIFICATION & WITHDRAWAL OF BIDS .................................................................................26 6.5 REPLACEMENT ...........................................................................................................................................27 6.6 RIGHT TO REJECT/ACCEPT THE TENDER ...................................................................................27 Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 7 8 6.7 FINANCIAL BID ...........................................................................................................................................27 6.8 OTHER INSTRUCTIONS ..........................................................................................................................27 AWARD OFWORK................................................................................................................................ 30 7.1 OeSL’s RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS ..........................................................30 7.2 CORRUPT OR FRAUDULENT PRACTICES .........................................................................................30 7.3 PURCHASER’SPROCUREMENTRIGHTS ..............................................................................................30 7.4 APPLICATION ...............................................................................................................................................31 7.5 PAYMENT SCHEDULE ...............................................................................................................................31 7.6 PERFORMANCE SECURITY .....................................................................................................................31 7.7 COMPENSATION FOR TERMINATION OFCONTRACT .................................................................32 7.8 PENALTY.........................................................................................................................................................32 7.9 INSURANCE OF EQUIPMENTS ...............................................................................................................32 7.10 TERMINATION FOR DEFAULT ..............................................................................................................32 7.11 INSTALLATION, SUPERVISION & SERVICES....................................................................................33 7.12 REPLACEMENT ............................................................................................................................................33 7.13 FORCE MAJEURE .........................................................................................................................................33 7.14 ARBITRATION ..............................................................................................................................................33 7.15 LEGAL JURISDICTION ................................................................................................................................34 7.16 COMPLETENESS OF TENDER OFFER .................................................................................................34 PROFORMA & ANNEXURE ............................................................................................................... 36 8.1 EXPERIENCE OF BIDDER .........................................................................................................................36 8.2 SELF DECLARATION ..................................................................................................................................37 8.3 REPRESENTATIVE AUTHORIZATION LETTER ..............................................................................38 8.4 DECLARATION OF FINANCIAL & ADMINISTRATIVE DETAILS ...............................................39 8.5 ACCEPTANCE OF TERMS & CONDITIONS.........................................................................................40 8.6 BRIEF VENDORPROFILE ..........................................................................................................................41 8.7 TECHNICALBID(BID PARTICULARS)..................................................................................................42 8.8 STATEMENT OF DEVIATION FROM SCOPE OF WORK ................................................................43 8.9 STATEMENT OF DEVIATIONS FROM TERMS & CONDITIONS .................................................44 8.10 SERVICE CENTER DETAIL .......................................................................................................................45 8.11 FINANCIAL BID (BID PARTICULARS) .................................................................................................46 8.12 PRICE SCHEDULE (FINANCIALBID) – SEPARATE ENVELOPE.................................................47 8.13 FORMAT OF PERFORMANCE BANK GUARANTEE ........................................................................48 Enquiry No: OeSL-04/2014/-- . 3 www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 4 CHAPTER–1 CHECKLIST Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 1. 5 CHECKLIST Pleasecheck whetherfollowinghavebeenenclosedintheGeneral cum Technical Bid 1.1. GENERAL BID 1. Company Registration/Incorporation Certificate of OEM/Channel partner/Authorised Dealer Yes/No 2. Document Fee (DD No.: ……………………, Amt: Rs.1,500/(Non-Refundable), Bank………………., Date: ……….……………..) (Please refer clause (DD 3.1.8) 3. Earnest MoneytoDeposit No.: ……………………, Amt: Yes/No Yes/No Rs 30,000/-(Refundable), Bank……………….,Date :……………………)(Please refer to clause 3.1.8) 4. Up-to-date VAT Clearance and service tax registration (Please refer to clause 3.1.1) Yes/No 5. Copy of PAN Card (Please refer to clause 3.1.1) Yes/No 6. Audited accounts statement (Balance Sheet & ProfitLoss Account Statements and CA Certificate) of last three year sending with March, 2014 (Please refer to clause 3.1.2) Yes/No 7. Experience of execution of 1 (One) similar Project, to any Government/ PSUs in India worth of at least ₹15,00,000/-(Rupees Fifteen Lakh) in a single Contract or Two project value of Rs. 7,50,000/-(Rupees Seven Lakh and fifty thousand only) each or higher. (Please refer to clause 3.1.4) Yes/No 8. Tender Specific OEM’s Authorization letter for quoting their product (Please refer to clause 3.1.3) Yes/No 9. Experience of Bidder (Annexure-1) (Please refer to clause 3.1.4) 10. Self Declaration of ineligibility for corrupt and fraudulent practices (Annexure-2) (Please refer to clause3.1.6) Yes/No 11. Acceptance of Terms & Condition (Annexure-5) 12. Representative authorization letter (Annexure-3) 13. Statement of Deviation from Tender Terms and Conditions (Annexure-9) 14. Bidder Profile Yes/No Yes/No Yes/No Yes/No Yes/No (Annexure-6) 15. Declaration of Financial and administrative details Yes/No (Annexure-4) 16. Copy of ISO 9001:2008 Certificate Yes/No 17. Signed Tender Document/ RFP (Chapter-4- Scope of Work) Yes/No Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 1.2. 6 TECHNICAL BID 1. Technical Compliance of Specification with product Yes/No Brochure/manual (Please Refer clause 4.5) 1.3. 2. Technical Bid Particulars (Annexure-7) 3. Service Center Details (Annexure-10) Yes/No 4. Statement of Deviation from Scope of Work (Annexure-8) Yes/No Yes/No FINANCIAL BID Please check whether following have been enclosed in the Financial Bid 1. Bid Particulars Yes/No (Annexure-11) 2. Price Schedule (Annexure-12) Enquiry No: OeSL-04/2014/-- . Yes/No www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 7 CHAPTER–2 INVITATION OF BIDS Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 2 INVITATION OF BIDS 2.1 INTRODUCTION 8 Odisha e-Governance Services Limited (OeSL) invites competitive bid from the OEMs/Channel Partners/Distributers for supply of UPS and Printer for OFFICE OF THE DEPUTY DIRECTOR, CONSTRUCTION AND QYUALITY CONTROL STANDARD & DAM SAFETY (MEDIUM PROJECTS) DIVISION,Govt. of Odisha. Brief description of work Location Estimated Volume Supply and installation of UPS AND Poject office across all the As per the Quantity PRINTER in the Project OFFICE OF district of Odisha. Mentioned in the THE DEPUTY DIRECTOR, Indicative Bill of Material CONSTRUCTION AND QYUALITY CONTROL STANDARD & DAM SAFETY (MEDIUM PROJECTS) DIVISION, of E.I.C Water Resources, BHUBANESWAR, The bids should be submitted in the prescribed format at the Odisha e-Governance Services Limited (OeSL), Bhubaneswar prior to the last date of the submission. In this connection any other necessary information can be obtained from the Chief Executive Officer (CEO), Odisha e-Governance Services Limited (OeSL), Bhubaneswar. OeSL reserves the right to accept or reject in part or full any or all the offers without assigning any reasons whatsoever. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 2.2 9 ABOUT THE BID DOCUMENT The tender document comprises of the following. CHAPTER- I CHAPTER- II CHAPTER- III CHAPTER- IV CHAPTER- V CHAPTER- VI CHAPTER- VII CHAPTER- VIII 2.3 CHECK LIST INVITATION FOR BIDS ELIGIBILITY CRITERIA SCOPE OF WORK INSTRUCTION TO BIDDERS GENERAL TERMS & CONDITIONS AWARD OF WORK PROFORMA & ANNEXURE SCHEDULE OF EVENTS The Tender will have 2 (Two) Parts viz., General cum Technical Bid & Financial Bid. S. No. Particular /Events 1. Start Date of issuance / Download of Tender document from http://www.oesl.in/, http://www.ocac.in/ & http://www.odisha.gov.in/ 2. Last Date for download/issuance / sale of Tender Document 3. Last Date and Time for Tender Submission 4. Date and Time of opening of General cum Technical Bid 5. Date and Time for opening of Financial bids Date & Time 31.03.2015 18.04.2015 upto 1 PM 20.04.2015 by 3 PM 20.04.2015 at 4 PM Annaounce later Notwithstanding anything else contained to the contrary in this tender document, OeSL reserves the right to cancel/withdraw/modify fully or partially the “Invitation of Bids” or to reject one or more of the bids without assigning any reason and shall bear no liability whatsoever consequent upon such a decision. OeSL also reserves right to make any necessary changes to the schedule mentioned above. 2.4 AMENDMENT OF INVITATION In case of any seeming discrepancy between the Press Advertisement, other detailed provisions of the Tender print-document and the updated version on the web (Upto 18.03.2015 till 1:00 PM), the web-version will prevail. At any time prior to the deadline for submission of bids, OeSL reserves the right to add / modify / delete any portion of this document by issuance of an Corrigendum, which would be published on the web site and will also be made available to the all the bidders who have indicated their intention to bid. The Corrigendum shall be binding on all bidders. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 10 CHAPTER–3 ELIGIBILITY CRITERIA Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 3 GENERAL CUM TECHNICAL BID 3.1 ELIGIBILITYCRITERIA 11 THE APPLICATION TO INVITATION IS OPEN TO ELIGIBLE APPLICANTS ONLY AS PER THE FOLLOWING ELIGIBILITY NORMS Bidders are advised to study all instructions, forms, requirements, appendices and other information in the RFP documents carefully. Submission of the bid / proposal shall be deemed to have been done after careful study and examination of the RFP document with full understanding of its implications. S. No. 3.1.1 Criteria Specific Requirements Legal Entity The bidder should be a Company -Certificates of Registered under the Companies Act, Required incorporation 1956 or Partnerships act since last 5 -Service years. Registration Also the company should be registered Certificate, PAN copy, with the Service Tax Authorities and up- operating for the last five years and clearance & having PAN, and the bidder must have necessary supporting cleared up‐to‐date VAT documents Average Annual average Turnover during last Extracts Sales Turnover three Financial years ending with audited Balance sheet 31.03.2014 (as per the last published and Profit & Loss; AND Balance Certificate from the Requirement 3.1.2 Required Documents sheets), should have a minimum of ₹1.5 Cr that is generated Tax to-date VAT other from the statutory auditor from Hardware Peripherals supply and their associated maintenance services. 3.1.3 3.1.4 Letter of The authorization from Authorization from OEM(s) on the Manufacturer OEM products quoted under this tender Authorization Letter The bidder must have prior experience of supply of IT Hardware & Software to any Govt/PSUs in India worth of at least ₹15, 00,000/-(Rupee Fifteen Lakh Only) in a single contract. Or Two projects of similar nature not less than the amount equal or higher ₹7,50,000/-(Rupee Seven Lakh Fifty thousand only) each. Work Similar Experience Enquiry No: OeSL-04/2014/-- . Work bidder must submit the Tender Specific order + Completion Certificates from the Client www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha S. No. Criteria Specific Requirements 12 Required Documents 3.1.5 Quality ISO 9001 : 2008 3.1.6 Requirement Blacklisting A Certifications authorized signatory of the bidder that by the bidder has not been blacklisted by signatory any Government (Must be submitted on (Central/State Government and Public original letter head of Sector) or under a declaration of the ineligibility for corrupt or fraudulent signature and seal.) self Copy of certificate certified Central / letter State by the Requiredletter A Self Certified an authorized bidder with practices as of 31.03.2014 3.1.7 Service Center The bidder should quote the products Service Center Detail of OEMs which are having their service centre in Bhubaneswar. The bidder should have presence in Odisha with support Centres. 3.1.8 Fees The Bidder must have submitted In shape of DD Rs.1,500/- (Rupees One Thousand Five hundred Only) towards the cost of the Tender Document (Non-Refundable). The Bidder must have furnished the EMD (Refundable) of Rs.30,000 In shape of DD Annexure Proforma& (Rupees Six Thousand only). 3.1.9 Proforma& All the Proforma& Annexure Annexure mentioned in the General Bid & ,duly Technical Check list Company Letter Head signed in Relevant documents (self certified) in support of the above criteria must be enclosed along with General cum Technical Bid documents failing which the bid will be liable to be rejected. In absence of any one of the above, the offer will be treated as non-responsive and summarily rejected. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 13 CHAPTER–4 SCOPE OF WORK Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 4 SCOPE OF WORK 4.1 SCOPE OF THE WORK 4.1.1 14 Supply, installation of UPS and printer in all project office across the district of Odisha of the Deputy Director, C & QCS & DS (MPs) division. 4.1.2 Bidder need to provide 1 year onsite comprehensive warranty support for all the printer and UPS with battery & labour. This warranty of (1 year onsite) for the supplied products must be reflected and updated in the respective Product’s OEM System (Wesbsite, Brochures etc.). So bidder need prepare & submit its’ proposal accordingly to satisfy the warranty and other term & conditions mentioned in this RFP. 4.1.3 The bidder should provide the information of the equipment including its serial number, date of installation, delivery and installed location in form of soft copy in Ms-Excel format for proper monitoring of warranty support. 4.2 SUPPORT & POST INSTALLATION WARRANTY 4.2.1 The bidder must maintain 1% spare and accessories of all the supplied products for timely call resolution 4.2.2 The service escalation matrix with the names and mobile numbers of the concerned personnel of the bidder as well as OEM, if any, must be furnished with technical bid. 4.2.3 The Bidder must maintain the Service Level as defined below: The average uptime averaged over each quarter should be as follows: Machine location ALL PROJECT OFFICE ACROSS THE Normal Hours Call of operation Response DISTRICT OF ODISHA OF THE DEPUTY 10 A.M. to 6 DIRECTOR, CONSTRUCTION AND P.M. Monday QYUALITY CONTROL to Saturday 24 Hrs Resolution Penalty Time Requirement 0.25% of equipment value per day after 72Hrs (will 72 Hours be deducted from the STANDARD & DAM SAFETY (MEDIUM security deposit/PBG ) PROJECTS) DIVISION, BHUBANESWAR, The time mentioned above is exclusive of Sundays and Govt. Holidays. GOVT. OF ODISHA E.I.C, Water Resources, Govt. of Odisha Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 4.2.4 15 Note that OeSL/ C & QCS & DS (MPs) division Officials will not log any type of call/complaint directly to the OEM/or through toll free number of OEM incase of problem/defect/malfunction occurs in Hardware supplied by bidder.Only they will inform to the bidder or their nominated service engineer regarding the problem and bidder have to short out the issue at site accordingly. 4.2.5 The bidder shall be responsible for any defects that may develop under normal usage arising from faulty materials, design or workmanship in the item supplied. The bidder shall remedy such defects at his own cost when called upon to do so by OeSL. 4.3 INDICATIVE BILL OF MATERIAL Sl No I 1 2 Items Hardware 600VA LI UPS (Spacific Make - Uniline/APC/Libert) Laserjet printer (Specific make and model - HP P1106) Qnty Unit 220 220 Nos. Nos Note: The bill of material mentioned above is indicative. Authority has right to increase/decrease the quantity during placement of purchase order. 4.4 TIME LINE The delivery and installation of equipments should be done within 6 Weeks from the date of confirmation of the order. OeSL will accept the partial Delivery of the item if required. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 4.5 16 REQUIRED SPECIFICATION (To be submitted with General cum Technical Bid) 4.5.1 Specification of 600VA LI UPS Sl. No. Item Description Detailed Specification 1 2 Capacity Battery 3 Warranty 600VA Sealed Maintenance free Internal battery with Backup time: 10-15 min. 1 year on-site OEM Warranty with battery 4.5.2 Specification of Laserjet Printer Sl. No. Item Description Detailed Specification 1 2 3 4 5 6 7 Print SpeedCapacity Resolution Duty Cycle (Monthly) Connectivity Paper Handling Warranty Accessories 18ppm 600x600 dpi(1200 dpi effective output) 5000 pages Hi speed USB 2.0 or higher A4 Size,Manual duplex Printing 1 year comprehensive onsite USB cable and Power adapter etc. 4.5.3 Proof of Compliance to specification The bidders have to put the page reference of the datasheet against the specification mentioned in General cum Technical bid to ensure compliance of the required specification. The area of the datasheet containing the keyword of the specification must also be highlighted by florescent marker. Otherwise, the bid may be treated as incomplete or the specification offered does not conform to the required specification, thus leading to rejection or technical disqualification of the bid. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 17 CHAPTER–5 INSTRUCTION TO BIDDERS Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 5 INSTRUCTION TO BIDDERS 5.1 COST OF BIDDING 5.2 18 5.1.1 The Bidder shall bear all costs associated with the preparation and submission of its bid and OeSL (herein after referred to as the Purchaser') will in no case be responsible or liable for the costs, whether or not the Bid is finally accepted. 5.1.2 Non-transferable Tender: The Tender Document is not transferable. Only the party who has purchased this tender form shall been titled to quote. PROPOSAL VALIDITY AND SECURITY 5.2.1 General cum Technical and Financial Proposals shall remain valid for a period of six months from the date of Financial Bid opening specified. OeSL shall reject the Proposal as being non- responsive if it is valid for a shorter period. 5.2.2 In exceptional circumstances, prior to expiry of the original Proposal validity period, OeSL may request that the Bidders extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing to or by facsimile to the listed contact information of the Bidders. In such cases, the Bidders shall not be required or permitted to modify the Proposal, but shall be required to extend the validity of the Proposal for the extension period. 5.2.3 The Bidder shall furnish, as part of its Proposal, a Proposal Security EMD (Refunable) of Rs. 30,000/- (Rupees Thirty Thousand only) in the form of Demand Draft from Nationalized Bank in favour of “Odisha e-Governance Services Limited”, payable at Bhubaneswar. 5.2.4 The EMD shall remain valid for a period of 90 days from the date of opening of the financial bid, any period of extension subsequently requested. 5.2.5 The EMD of the unsuccessful bider will be returned within 1 month from the date of finalization of tenders. 5.3 BID OPENING 5.4.1 The Tender Evaluation Committee(s) shall evaluate the General cum Technical Bids and Financial bids. The Evaluation Committee(s) may choose to conduct negotiation or discussion with any or all the Bidders. The decisions of the Evaluation Committee(s) in the evaluation of the financial bids shall be final. No correspondence will been entertained outside the process of negotiation/discussion with the Committee(s). Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 5.4.2 19 At the date, time and location of the bid opening as specified in the tender, the Evaluation Committee(s) shall open the bids, in the presence of Bidders or authorized designated representatives who choose to attend. The Bidders' or authorized representatives who are present shall sign a register evidencing their attendance. The Bidders' names, and any such other details as the Evaluation Committee(s) may consider appropriate, will be announced by the Evaluation Committee(s) at the opening. 5.4.3 The Evaluation Committee(s) reserves the right at any time to postpone or cancel a scheduled bid opening. The bids will be opened at the address specified in Tender. 5.4.4 The bidders qualified in General cum Technical Bids would only be called for Opening of Financial Bids. 5.4.5 After evaluation of General cum Technical Bids, Financial bids of only those Bidders who have qualified in technical evaluation, as specified in this tender, will be opened. The date and time of opening of the financial bids will be done as per clause 2.3, and the bids would be opened in the presence of the Bidder's representatives who choose to be present. 5.4 GENERAL INFORMATION 5.4.1 There are TWO parts of Tender Document namely i. General cum Technical Bid ii. Financial Bid The bidder is required to fill out all the two parts of contract papers and place the min three separate sealed envelopes, which should be super-scribed as“Procurement of UPS and Printer for the office of the Deputy Director, C&QCS & DS(MPs) Division-General cum Technical Bid and “Procurement of UPS and Printer for the office of the Deputy Director, C&QCS & DS(MPs) Division–Financial Bid”. These envelopes should be placed in another sealed envelope and addressed to CHIEF EXECUTIVE OFFICER (CEO) ODISHA e-GOVERNANCE SERVICES LIMITED (OESL) OCAC BUILDING, PLOT NO - N-1/7-D, ACHARYA VIHAR SQUARE, P.O- RRL, BHUBANESWAR-13, ODISHA, INDIA The envelope must show the name of the Bidder, address and should be super-scribed as “Procurement of UPS and Printer for the office of the Deputy Director, C&QCS & DS(MPs) Division Govt. of Odisha, by OeSL”on top of the envelope. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 5.4.2 20 Tender, duly filled and accompanying all supporting documents, should be submitted on or before 20/04/2015 by 3 PM after which no tenders would be accepted and would be liable for outright rejection. 5.4.3 The EMD in shape of DD should be enclosed in General cum Technical Bid. 5.4.4 The bids will be opened at Odisha e-Governance Services Limited (OeSL), OCAC Building, N-1/7-D, Nayapalli, near Planetarium, Acharya Vihar Square, Bhubaneswar-751013. The sealed covers containing bids will be opened in the presence of Bidder's representatives as per the bid opening schedule mentioned earlier. One representative per Bidder would be permitted to be present at the time of opening the tender. The General cum Technical Bids of only those bidders who have submitted the EMD & Tender document cost will be opened. Similarly, the Financial Bids of the bidders short- listed from the General cum Technical bids will be opened. The bids will be opened on the scheduled date and time even in case of absence of the Bidders. 5.4.5 Tenders shall be fully in accordance with the requirements of the General Terms and Conditions. Appropriate forms furnished with this specification shall be used in filling quotation. Incomplete, illegible and unsealed tenders will be rejected. Telegraphic tenders will not be accepted and no correspondence will be made in this matter. 5.4.6 All offers should be made in English. Conditional offers and offers qualified by such vague and indefinite expression such as “Subject to immediate acceptance”, “Subject to prior sale” etc. will not be considered. 5.4.7 Submitted tender forms, with overwritten or erased or illegible rate or rates not shown in figures and words in English, will be liable for rejection. In case of discrepancy between words and figures noted against each items of the tender and between unit rates and the total amount, the decision of the tendering authority will be final and binding on the bidders. Total of each item should be clearly written. Corrections in the tender, if unavoidable, should be made by rewriting with dated initial of the bidder after scoring out of the wrong entries. Clerical and arithmetical mistakes may result in rejection of the tender. 5.4.8 While tenders are under consideration, bidders and their representatives or other interested parties, are advised to refrain from contacting by any means bidder's personnel or representatives, on matters relating to the tenders under study. OeSL if necessary will obtain clarification on tenders Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 21 by requesting such information from any or all the bidders either in writing or through personal contact as may be necessary. The bidder will not be permitted to change the substance of his offer after the tenders have been received in OeSL. Any attempt by any bidder to bring pressure of any kind, may disqualify the bidder for the present tender and the bidder may be liable to be debarred from bidding for OeSL tenders in future for a period of three years. 5.4.9 OeSL reserves all rights to cancel the tender partialy or fully without assigning any reason thereof. 5.4.10 Contact Detail for further enquiries: Contact person Name: Sk. Ajmal Contact Number: O674-2567607 Fax No: O674-2567608 E mail ID: 5.5 5.3.1 sk.ajmal@oesl.in DISQUALIFICATION OR REJECTION OF TENDER The tender is liable to be rejected or the bidder disqualified at any stage on account of the following. 5.5.1 If the bid or its submission is not in conformity with the instruction mentioned herein. 5.5.2 If the bid is not accompanied by the requisite EMD (INR 30,000/-) and Tender document cost (INR 1,500/-) 5.5.3 If it is not signed with seal, on all the pages of the bid document. 5.5.4 If it is received after the expiry of due date and time. 5.5.5 If it is incomplete and required documents are not furnished. 5.5.6 If misleading or false statements/ representations are made as part of pre-qualification requirements. 5.5.7 5.6 If in case of any non-compliance to the checklist documents. FORFEITURE OF EMD (BID SECURITY) EMD submitted by the bidder may be forfeited under the following conditions 5.6.1 If the bid or its submission is not in conformity with the instruction mentioned herein. 5.6.2 If the bidder withdraws the tender before the expiry of the validity period. 5.6.3 If the bidder violates any of the provisions of the terms and conditions of the tender. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 5.6.4 22 In the case a successful bidder fails to (a) accept the award of work, (b) sign the Contract Agreement with OeSL, after acceptance of communication on placement of award, (c) furnish performance security, or the bidder violates any of such important conditions of this tender document or indulges in any such activities as would jeopardize the interest of OeSL in timely finalization of this tender. The decision of OeSL regarding forfeiture of bid security shall be final and shall not be called upon to question under any circumstances. A default in such a case may involve black- listing of the bidder by OeSL/OCAC/GoO. 5.7 DISCREPANCIES IN BID In case of discrepancies in bids, the following will be adopted to correct the arithmetical errors for the purpose of evaluation. 5.7.1 In case of discrepancy between figures and words, the words will be considered correct. 5.7.2 In case of discrepancy between unit price and total price, which is obtained by multiplying the unit price and quantity, or between subtotals and/or the total price, the unit or subtotal price shall prevail, and the total price shall be corrected accordingly. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 5.8 23 DOCUMENTS TO BE FURNISHED WITH GENERAL cum TECHNICAL BID 5.8.1 Tender Document fee in shape of DD 5.8.2 EMD/Bid Security in shape of DD from any Nationalized Bank 5.8.3 Audited Accounts Statement of the company for proof of turnover. 5.8.4 VAT, PAN, ST registration and up to date return. 5.8.5 Tender specific OEM’s Authorization letter for the product, as applicable. 5.8.6 Self Declaration of ineligibility for corrupt and fraudulent practices (Annexure-2) 5.8.7 Vendor Profile (Annexure-6) 5.8.8 Representative authorization letter (Annexure-3) 5.8.9 Copies of work order/completion reports indicating the cost of the assignment for proof of experience as mentioned at Clause 3.1.4 5.8.10 Acceptance of terms & conditions contained in the tender documents (Annexure-5) 5.9 5.8.11 Statement of Deviation from Terms of Reference (Annexure 9) 5.8.12 Declaration of Financial and administrative details (Annexure-4) 5.8.13 Technical Brochure 5.8.14 Signed copy of the Scope of work mentioned at Chapter 4. 5.8.15 Specification compliance sheet mentioned at Clause 4.5. 5.8.16 Statement of Deviation from Scope of Work (Annexure 8) 5.8.17 Details of Service Centre at across the district of Odisha. (Annexure 10) DOCUMENTS TO BE FURNISHED WITH FINANCIAL BID 5.9.1 Financial Bid (Price Schedule at Annexure-12 and Financial bid particulars at Annexure-11) 5.10 EVALUATION METHODOLOGY 5.10.1 When deemed necessary, OeSL/Evaluation Committee may seek clarifications on any aspect of their bid from the agency. However, that would not entitle the agency to change or cause any change in the substance of the tender submitted or price quote rated. This would also not mean that their quote has been accepted. 5.10.2 Any effort by an agency to influence OeSL’s bid evaluation, bid comparison or contract award decisions may result in the rejection of the agency's bid and forfeiture of the agency's EMD. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 5.10.3 24 OeSL reserves the right to accept any bid, and to cancel/abort the Tender process and reject all bids at any time prior to award of Contract, without thereby incurring any liability to the affected agency or agencies, of any obligation to inform the affected agency of the grounds for OeSL’s action and without assigning any reasons. 5.10.4 General cum Technical Evaluation: The bids will be evaluated by a duly constituted Evaluation Committee (EC). Evaluation Committee will examine the eligibility of the bidders as per the terms and conditions and Technical eligibility. 5.10.5 Bids of the agencies, not satisfying the eligibility criteria as well as the Technical eligibility shall be rejected. EC may ask for additional information from the bidders. On request from the EC, the bidding agencies may have to produce additional information. The time limit, in which the bidders’ have to submit additional information, shall be decided by the EC and its decision shall be final in this regard. Bids of the agencies failing to adhere to the specified time limit shall be rejected. 5.10.6 Financial Evaluation: Financial bids of only qualified bidders qualified in General cum Technical eligibility criteria shall be evaluated by Evaluation Committee. The bids, found lacking in strict compliance to the financial bid format shall be rejected straightaway. 5.10.7 Least cost selection method will be used for selection of the bidder. The final award of work will be done on the least cost on total price. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 25 CHAPTER–6 TERMS & CONDITIONS Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 6 TERMS & CONDITIONS 6.1 AMENDMENT OF BIDS 6.1.1 26 Bids once submitted cannot be amended. However, in case of some administrative exigencies, OeSL may decide to take fresh bids from all the Bidders before actually opening of the General cum Technical and Financial Bids. 6.1.2 In order to afford prospective Bidders reasonable time to make amendment in their bids, OeSL may, at its discretion, extend the deadline for the submission of bids. However, no such request in this regard shall be binding on OeSL. 6.2 BID CURRENCIES Prices shall be quoted in INDIAN RUPEES, inclusive of all prevailing taxes. 6.3 BID SUBMISSION 6.3.1 Every envelope and forwarding letter of various parts of the Bid shall be addressed as follows and dropped in the Tender box at OeSL: 6.3.2 CHIEF EXECUTIVE OFFICER (CEO) ODISHA e-GOVERNANCE SERVICES LIMITED (OESL) OCAC BUILDING, PLOT NO - N-1/7-D, ACHARYA VIHAR SQUARE, P.O- RRL, BHUBANESWAR-13, ODISHA, INDIA If the envelopes are not sealed and marked as required above, OESL will assume no responsibility for the Bid's misplacement or premature opening. 6.3.3 Bids sent through Courier/Post/Speed post/Telex / Telegrams / Fax / Email shall not be acceptable. 6.3.4 The envelope shall be sealed by signing across all joints & pasting good quality transparent adhesive tape on top of such joints & signatures. 6.3.5 A Bidder, who packs its Bid in a manner other than what has been described in clause 5.5.1 above, may face rejection of the Bid. 6.4 MODIFICATION & WITHDRAWAL OF BIDS 6.4.1 Modifications of Bids may be allowed by OeSL if any substantial changes have to be made in the scope of work. This option will be available to every Bidder who has submitted Bid. 6.4.2 Bids cannot be withdrawn during the interval between its submission of bids and expiry of Bid's validity period, as specified by OeSL. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 6.5 27 REPLACEMENT If the material/ equipment or any portion thereof gets damaged or lost during the transit and installation, the vendor shall effect the replacement of such materials/ equipment within a reasonable time to avoid delay in commissioning the equipment. 6.6 RIGHT TO REJECT/ACCEPT THE TENDER OeSL reserves the right either to reject or accept any or all tenders. The purchaser has exclusive right to alter the quantities of materials at the time of placing the final purchase order. After placing the purchase order, the purchaser may order to defer the delivery of the material. It may be clearly understood by the Bidder that the purchaser need not assign any reason for the above action. 6.7 FINANCIAL BID 6.7.1 6.7.2 6.7.3 6.7.4 6.8 Prices shall be quoted in Indian Rupees, inclusive of all prevailing taxes, levies, duties, etc both in figure and words rounded to one whole rupee. OeSL shall be authorized to deduct any income/Service tax as applicable from the Bidder. No escalation of cost is allowed during the validity of warranty period. The prices quoted shall be firm throughout the bid evaluation period and order placement. If any rates of tax are decreased an equitable adjustment of the Contract Price shall be made to fully take into account any such change by deduction there from. OTHER INSTRUCTIONS 6.8.1 OeSL reserves right to cancel the Purchase Order at any stage in the event of one or more of the following situations: a) b) c) d) e) f) 6.8.2 6.8.3 6.8.4 6.8.5 If any information/document/declaration furnished by the bidder is found false. If any action by any Govt. is under process against the bidder even after finalization of bidding process. Delay in delivery beyond the specified period for delivery Delay in installation beyond specified period for installation Major discrepancy in any component noticed during any stage of the project Delay in implementation of the project against the agreed time lines. The bidder must quote the item as per exact /equivalent/higher specification failing which the bid may not be considered. The bidder must put his/her signature along with company seal in all General cum Technical and Financial bid document formats. The bidder must indicate the tax component in the financial bid explicitly, otherwise the bid will not be considered. The Bidder is expected to examine all instructions, forms, terms and conditions and technical specifications in the Bidding Documents. Failure to furnish all information required by the Bidding Documents or submission Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 6.8.6 6.8.7 6.8.8 6.8.9 6.8.10 6.8.11 6.8.12 6.8.13 6.8.14 6.8.15 6.8.16 6.8.17 6.8.18 6.8.19 of a bid not substantially responsive to the Bidding Documents in every respect will be at the Bidder’s risk and may result in the rejection of bid. OeSL reserves right to get the equipments inspected by their officials or any other authorized representative before the equipments are actually shipped or after the equipment is delivered at site. OeSL reserves the right to re-negotiate the prices in the event of change in the market prices of the equipment. Decision of OeSL in respect of evaluation of bids and/ or award of contract shall be final. OeSL reserves the right to ask for technical clarification of any type and/or making technical presentation before Evaluation committee, failure of which may lead to CANCELLATION of the bid. OeSL reserves the right to inspect the Equipment to verify the genuineness and conformity with the specifications of the machines delivered. Un-signed & un-stamped bid shall not be accepted. Undertaking for subsequent submission of any of the document asked in the tender will not be entertained under any circumstances. However, OeSL reserves the right to seek fresh set of documents or seek clarifications on the already submitted documents. Upon verification, evaluation / assessment, if in case any information furnished by the vendor is found to be false/incorrect, their total bid shall be summarily rejected and no correspondence on the same, shall be entertained. No deviations from terms and conditions s p e c i f i e d i n t h e T e n d e r D o c u m e n t will be accepted. Any violation thereof will lead to the rejection of the bid. OeSL will not be responsible for any misinterpretation or wrong assumption by the vendor. OeSL reserves the right to alter / increase / decrease the hardware & software requirements (quantity), as the case may be, to meet the requirements at any point of time. OeSL is not responsible for non-receipt of tenders within the specified date and time due to any reason including postal delay or holidays. The authority reserves the right to accept/reject any or part of or all the quotations without assigning any reason thereof. All the provisions of the contract/tender shall be interpreted under Indian Laws. Enquiry No: OeSL-04/2014/-- . 28 www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 29 CHAPTER–7 AWARD OF WORK Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 7 AWARD OFWORK 7.1 OeSL’s RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS 7.1.1 30 Notwithstanding anything else contained to contrary in this Tender Document, OeSL reserves the right to accept or reject any Bid or to annul the bidding process fully or partially, or modifying the same and to reject all Bids at any time prior to the award of work, without incurring any liabilities in this regard. 7.2 CORRUPT OR FRAUDULENT PRACTICES OeSL requires that the Bidders under this tender observe the highest standards of ethics during the procurement and execution of such contracts. In pursuance of this policy, the Purchaser (i.e. OeSL) defines the terms set forth as follows:7.2.1 “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of the public official in the procurement process or in contract execution; and 7.2.2 “Fraudulent Practice” means a misrepresentation of facts, in order to influence a procurement process or 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 noncompetitive levels and to deprive the Purchaser of the benefits of the free and open competition; 7.2.3 The Purchaser will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question. 7.2.4 The Purchaser will declare a Bidder ineligible, either indefinitely or for a stated period of time, to be awarded a contract if at any time it is determined that the Bidder has engaged in corrupt and fraudulent practices in competing for or in execution of the contract. 7.3 PURCHASER’S PROCUREMENT RIGHTS Without incurring any liability, whatsoever to the affected bidder or bidders, the Purchaser reserves the right to: 7.3.1 Amend, modify, or cancel this tender and to reject any or all proposals without assigning any reason. 7.3.2 Change any of the scheduled dates stated in this tender. 7.3.3 Reject proposals that fail to meet the tender requirements. 7.3.4 Increase or decrease the quantity of the items. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 7.3.5 31 Should the Purchaser be unsuccessful in negotiating a contract with the selected bidder, the Purchaser will begin contract negotiations with the next best value bidder in order to serve the best interest. 7.4 7.3.6 Make typographical correction or correct computational errors to proposals 7.3.7 Request bidders to clarify their proposal. APPLICATION These General Conditions shall apply to the extent that these are not superseded by specific provisions in other parts of this tender document. A detailed Work Order/Purchase Order shall be issued, after the bid is selected. Detailed provisions of such an order shall have an over-riding effect vis-à-vis this Tender Document. 7.5 PAYMENT SCHEDULE 7.5.1 80% of the cost of the equipments at each site will be paid after delivery of equipments at site,Installation and submission of performance guarantee amounting 10 % of the total value of quoted bid in shape of Performance Bank Guarantee (PBG) from any Nationalized Bank. The validity of the PBG should be for the entire warranty period. 7.5.2 Next 20% of the cost will be paid after successful installation, testing of equipments & successful running of all the equipments for one month at site and finally Work completion certificate by the Dy. Director C&QCS & DS (MPs) Division. 7.5.3 No claim towards interest can be made by the bidder for some unforeseen delay in release of payment. 7.5.4 Any penalty imposed will be deducted from the payments to be made to the bidder. 7.5.5 All work contract tax, service tax, income tax will be deducted at source as per the prevalent rules at the times of payment. 7.6 PERFORMANCE SECURITY Within 15 days of Notification of “Award of the Work and Signing of the Contract”, the successful bidder/ Company shall furnish Performance Security to OeSL@ 10% of the total value of quoted bid by way of irrevocable and unconditional Bank Guarantee (from any nationalized bank located in Bhubaneswar) in favour of Odisha e-Governance Services Limited for the entire warranty period (Annexure 13). This Bank Guarantee should be of a sufficient duration to cover the risk of OeSL. The bank guarantee should contain telephone number and contact office address so that the BG can be verified. Further the BG will be verified for its authenticity. The Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 32 proceeds of the Performance Security shall be payable to OeSL as compensation for any loss resulting from the Company’s failure to fulfill its obligations under the terms and conditions of the Work Order. The Performance Security regarding commencement of job / task will be discharged by OeSL and returned to the successful bidder/ Company not later than 30 (Thirty) days following the date of completion of the successful bidder/Company’s performance, related obligations under the terms & conditions of the contract signed. 7.7 COMPENSATION FOR TERMINATION OFCONTRACT If the bidder fails to carry out the award / work order in terms of this document within the stipulated period or any extension thereof, as may be allowed by OeSL, without any valid reasons acceptable to OeSL, OeSL may terminate the contract after giving one month notice, and the decision of OeSL on the matter shall be final and binding on the bidder. Upon termination of the contract, OeSL shall be at liberty to get the work done at the risk and expense of the bidder through any other agency, and to recover from the bidder compensation or damages. 7.8 PENALTY Penalty will be charged in following circumstances Late Delivery In the event of delay in execution of work, specified in this tender / furnishing of deliverables, the bidder shall be liable to a penalty @0.5 % of the value of work order for every week of delay up to a maximum of 5%, after which OeSL shall be at liberty to cancel the award/order. For the purpose of this clause, part of a week shall be considered to be a full week. In case of abnormal delay, the work order will be treated as cancelled. In which case, the EMD will be forfeited. And the bider will also be liable for damages, if any, to be recvered from the PBG. 7.9 INSURANCE OF EQUIPMENTS The materials to be supplied should be insured by the vendor on behalf of the purchaser from his warehouse to the Client’s site. The insurance coverage should cover the transport of materials by Rail/Road to the destination. The materials/equipment found lost or damaged in transit or during installation and commissioning should be immediately replaced by the supplier. 7.10 TERMINATION FOR DEFAULT Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 33 OeSL may without prejudice to any other remedy for breach up of terms and conditions (including forfeiture of Performance Security by written notice of default sent to the company, terminate the work / task in whole or in part, after sending a notice to the Company in this regard.) 7.10.1 If the Company fails to deliver or complete the job assigned in the terms and conditions within the time period (s) specified in the Tender Document. 7.10.2 If the Company fails to perform any other obligations under the terms and conditions. 7.11 INSTALLATION, SUPERVISION & SERVICES The bidder shall depute experienced engineers for installation, commissioning and testing ofequipment supplied. 7.12 REPLACEMENT If the material/ equipment or any portion thereof gets damaged or lost during the transit andinstallation, the vendor shall effect the replacement of such materials/ equipment within areasonable time to avoid delay in commissioning the equipment. 7.13 FORCE MAJEURE 7.13.1 This clause shall mean and be limited to the following in the execution of the contract placed by OeSL. War / hostilities Riot or civil commotion Earth Quake, Flood, Tempest, Lightning or other natural physical disaster Restrictions imposed by the Government or other statutory bodies, which is beyond the control of the bidder, which prevent or delay the execution of the order by the bidder 7.13.2 The bidder shall advise OeSL in writing the beginning and the end of the above clauses of delay, within 7 days of occurrence and cessation of the force majeure conditions. In the event of a delay lasting for more than one month, if arising out of clauses of force majeure, OeSL reserves the right to cancel the contract without any obligation to compensate the bidder in any manner for whatsoever reason, subject to the provision of clause mentioned. 7.14 ARBITRATION 7.14.1 Any other terms and conditions mutually agreed prior to finalization of the order / agreement shall be binding on the bidder. 7.14.2 OeSL and the selected bidder shall make every effort to resolve amicably through direct negotiation, any disagreement or dispute arising between Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 34 them under or in connection with the work order. If any dispute arises between parties on aspects not covered by this agreement, or the construction or operation thereof, or the rights, duties or liabilities under these except as to any matter the decision of which is specially provided for by the general conditions, such disputes shall be referred to two arbitrators, one to be appointed by each party and the said arbitrators shall appoint an umpire in writing before entering into the reference and the award of the arbitration or umpire, as the case may be and it shall be final and binding on both the parties. The arbitrators or the umpire as the case may be, with the consent of parties, may modify the time frame for making and publishing the award. Such arbitration shall be governed in all respects by the provision of the Indian Arbitration and Conciliation Act, 1996 or later and the rules there under and any statutory modification or reenactment thereof the arbitration proceeding shall be held in Bhubaneswar, Odisha. 7.15 LEGAL JURISDICTION All legal disputes are subject to the jurisdiction of Bhubaneswar courts only. 7.16 COMPLETENESS OF TENDER OFFER The Bidder is expected to examine all instructions, forms, terms, conditions and deliverables in the Tender Documents. Failure to furnish all information required by the tender documents or submission of a tender offer not substantially responsive in every respect to the tender documents will be at the Bidder 's risk and may result in rejection of its tender offer. The tender offer is liable to be rejected outright without any intimation to the Bidder if complete information as called for in the tender document is not given therein, or if particulars asked for in the Forms / Proforma in the tender are not fully furnished. 7.17 DISPUTES : in case of any dispute the same shall be resolved in communication as per the flow chat as given below: CEO, OeSL Commissioner – cum – Secretary to Government, IT Department Court of Law (Bhubaneswar jurisdiction only). Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 35 CHAPTER–8 PROFORMA & ANNEXURE Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 8 PROFORMA & ANNEXURE 8.1 EXPERIENCE OF BIDDER 36 ANNEXURE-1 CompanyName&Address Name Address : : City : District : State : Pin : Telephone : Cell : Fax E-mail : : Name of the Date of Year of Organization where issue of completion PO/WO has been issued Work Order Signature of witness Date: Place: Type of equipment Supplied Project Cost (INR) (Attach WO/PO) Remarks Signature of the Bidder Date: Place: Company Seal Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 37 ANNEXURE-2 8.2 SELF DECLARATION Date : Ref : To Chief Executive Officer Odisha e-Governance Services Limited OCAC Building, PlotNo- N1/7-D, RRL Post Office, Bhubaneswar-751013 In response to the Tender Enquiry No: OeSL-04/2014/64, me / us, Ms / Mr.…... as a ……, declare that our company…………….. Is not under a declaration of ineligibility for corrupt and fraudulent practices issued by Government of India/State Governments/PSU Authorized Signatory Signature of witness Date: Place: Signature of the Bidder Date: Place: Company Seal Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 38 ANNEXURE-3 8.3 REPRESENTATIVE AUTHORIZATION LETTER Date : Ref : To Odisha e-Governance Services Limited OCAC Building, Plot No- N1/7-D, RRL Post Office, Bhubaneswar-751013 Ms. /Mr.…………………………..Is hereby authorized to sign relevant documents on behalf of the company in dealing with invitation Reference No. / Enquiry No: OeSL-04/2014/03, Date…………. She/he is also authorized to attend meetings & submit Technical &Financial information as may be required by you in the course of processing above said application. Thanking you, Authorised Signatory Representative Signature Signature Attested Company Seal Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 39 ANNEXURE-4 8.4 DECLARATION OF FINANCIAL & ADMINISTRATIVE DETAILS Company Name & Address Name Address : : City : District : State : Pin : Telephone : Cell : Fax E-mail : SL# : FINANCIAL YEAR 01 FY2011-2012 02 FY2012-2013 03 FY2013-2014 TURN OVER PROFIT BEFORE TAXES (PBT) PROFIT AFTER TAXES (PAT) Copies of Audited Balance sheets for the above mentioned financial years are attached. Signature of witness Date: Place: Signature of the Bidder Date: Place: Company Seal Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 40 ANNEXURE-5 8.5 ACCEPTANCE OF TERMS & CONDITIONS To Chief Executive Officer Odisha e-Governance Services Limited OCAC Building, Plot No- N1/7-D, RRL Post Office, Bhubaneswar-751013 Sir, I have carefully gone through the Terms & Conditions contained in the Tender Document Enquiry No: OeSL-04/2014/03 for “ Procurement of UPS and Printer for C&QCS & DS (MPs) Division, Govt. of Odisha”. I declare that all the provisions/clauses of this Tender Document are acceptable to me and my company. I further certify that I am an authorized signatory of my company and am, therefore, competent to make this declaration. Signature of witness Date: Place: Signature of the Bidder Date: Place: Company Seal Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 41 ANNEXURE-6 8.6 BRIEF VENDORPROFILE Company Name Registered Office Address City PIN State URL Telephone Mobile FAX E-Mail Office Address (in Odisha) City PIN State Website Telephone Mobile FAX E-Mail Authorized Signatory Signature of the Bidder Date: Place: Company Seal Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 42 ANNEXURE-7 8.7 TECHNICALBID(BID PARTICULARS) Tender Number : Name of the Bidder : Full Address of the Bidder : Name of the actual signatory of the : Product(s) offered Bidder's proposal number and date : Name & address of the officer to whom all references shall be made regarding this tender : Telephone : Fax : E-mail : Witness Bidder Signature ------------------------ Signature -------------------- Name ------------------------ Name ----------------------- Address ------------------------ Designation ----------------------- Company ------------------------ Company ---------------------- Date ------------------------ Date --------------------- Company Seal Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 43 ANNEXURE-8 8.8 STATEMENT OF DEVIATION FROM SCOPE OF WORK DearSir/s, Following are the Technical deviations and variations from the Terms of Reference. These deviations and variations are exhaustive. Except these deviations and variations, the entire work shall be performed as per your specifications and documents. Sl.No. Section No. Clause No. Page No. Statement of deviations and variations from Scope of Work Signature of witness Signature of the Bidder Date: Place: Date: Place: Company Seal Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 44 ANNEXURE-9 8.9 STATEMENT OF DEVIATIONS FROM TERMS & CONDITIONS Dear Sir/s, Following are the deviations from the Terms and Conditions of the Tender. These deviations and variations are exhaustive. Except these deviations and variations, all other Terms and Conditions of the Tender are acceptable to us. Sl.No. Section No. Clause No. Page No. Statement of deviations and variations from Tender Terms and Conditions Signature of witness Signature of the Bidder Date: Place: Date: Place: Company Seal Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 45 ANNEXURE-10 8.10 SERVICE CENTER DETAIL Sl.No. Service Center Name Address Contact Person Name Contact Details (Phone No., Email, Fax No.) Signature of the Bidder Date: Place: Company Seal Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 46 ANNEXURE-11 8.11 FINANCIAL BID (BID PARTICULARS) Tender Number : Name of the Bidder : Full Address of the Bidder : Name of the actual signatory of the : Product(s) offered Bidder's proposal number and date : Name & address of the officer to whom all references shall be : made regarding this tender Telephone : Fax : E-mail : Witness Bidder Signature ------------------------ Signature -------------------- Name ------------------------ Name ----------------------- Address ------------------------ Designation ----------------------- Company ------------------------ Company ---------------------- Date ------------------------ Date --------------------- Company Seal Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 47 ANNEXURE-12 8.12 PRICE SCHEDULE (FINANCIALBID) – SEPARATE ENVELOPE Price Schedule ODISHA e-GOVERNANCE SERVICES LIMITED (OeSL) TENDER ENQUIRY NO: OESL-04/2014/54 Sl.N o Description of Items 600 VA LI UPS (MakeUniline/APC/Libert) Laserjet Printer (Make 2. & Model – HP P1106) Grand Total (In Figure.) Grand Total (In Word.) Qnty. (A) Unit 220 Nos. 220 Nos. Unit Price (Rs.) (B) Taxes If any (Rs.) (C ) Total Unit Price (B+C) D Total Amount (Rs.) (A*D) 1. Note: 1. The quoted price should be rounded to one whole rupee and must quote for all products. 2. Least cost selection method will be used for selection of the bidder. The final award of work will be done on the least cost on total price (Grand Total). 3. Quantity mentioned against each Item, is indicative only, however the Actual Quantity may vary depending on Actual Requirement, and Total Cost will be calculated considering the unit price quoted only for the evaluation purpose. Authorized Signatory Signature of the Bidder Date: Place: Company Seal Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 48 ANNEXURE-13 8.13 FORMAT OF PERFORMANCE BANK GUARANTEE Bank Guarantee (To be stamped in accordance with Stamp Act) Ref: Bank Guarantee No. Date: To Chief Executive Officer Odishae-Governance Services Limited OCAC Building, Plot No- N1/7-D, Acharya Vihar Square RRL Post Office, Bhubaneswar-751013 Odisha Sub.: Performance Bank Guarantee for your Purchase Order / Work Order No. _________ Date ______ Dear Sir, Dated this, the…………………………….. Day of …………………………………………………… WHERERAS ………………………………………………........................................................................... ............................................................................................................... ............................................................................................................... .......................................................................................... (Name of the Supplier with Address) hereinafter called “Supplier” has undertaken, in pursuance of RFP No: OeSL-04/2014/03, (hereinafter referred to as “Tender”) and Purchase Order/ Work Order as mentioned above for supply and installation of UPS and Printer to “Odisha e- Governance Services Limited” (herein after referred to as “OeSL”) for Project “Procurement of UPS and Printer for C&QCS & DS (MPs) Division ,Govt. of Odisha”. AND WHEREAS it has been stipulated in the above Purchase Order/ Work Order that the supplier shall furnish a Performance Bank Guarantee (“the Guarantee”) from a scheduled bank of the sum `________________/-(Rupees _____________ only) being 10% of the total value of the order specified therein as security for supply of the items. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 49 WHEREAS We…………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………............... ............................................... (“the Bank” Bank Name with complete address), which expression shall bedeemed to include it, successors and permitted assigns) have agreed to give OeSL the Guarantee: Dated this, the…………………………….. Day of …………………………………. THEREFORE the Bank hereby agrees and affirms as follows: 1. The Bank hereby irrevocably and unconditionally guarantees the payment of all sums due and payable by the supplier to OeSL, adhering and withstanding all the terms therein RFP No: OeSL-04/2014/03 and Purchase Order / Work Order No ______ Date _______on account of full /partial / non-supply /delayed/ defective supply of UPS and Printer. Provided however, that the maximum liability of the Bank towards OeSL under this Guarantee shall not under any circumstances exceed the amount. ______________/-(Rupees ___________only) as indicated in Tender No:OeSL-04/2014/03 and Purchase Order / Work Order No. ______ Date_______ 2. In pursuance of this Guarantee, the Bank shall, immediately upon the receipt of a written notice from OeSL stating reasons to full /partial/non-supply/ delayed/ defective supply of UPS and Printer, which shall not be called inquestion, in that behalf and without delay/demur or set off, pay to OeSL any and all sums demanded by OeSL under the said demand notice, subject to the maximum limits specified in Clause 1 above. A notice from OeSL to the Bank shall be sent by Registered Post (Acknowledgement Due) at the following address: ………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………… ……………………………… (Bank Name with complete address) 3. This Guarantee shall come into effect immediately upon execution and shall remain in force for a period of One year (1 year)/Upto the end of warranty Period from the date of its execution. 4. The liability of the Bank under the terms of this Guarantee shall not, in any manner whatsoever, be modified, discharged, or otherwise affected by: i. Any change or amendment to the terms and conditions of the Contract or the execution of any further Agreements. ii. Any breach or non-compliance by the Supplier with any of the terms and conditions of any Agreements/credit arrangement, present or future, between the Supplier and the Bank. Enquiry No: OeSL-04/2014/-- . www.oesl.in Odisha e-Governance Services Limited (OeSL) Tender for Procurement of UPS and Printer for C&QCS & DS (MPs) Division .,Govt. of Odisha 50 5. The Bank also agrees that OeSL at its option shall be entitled to enforce this Guarantee against the Bank as a Principal Debtor, in the first instance without proceeding against supplier and notwithstanding any security or other guarantee that OeSL may have in relation to the supplier’s liabilities 6. The Bank shall not be released of its obligations under these presents by reason of any act of omission or commission on the part of OeSL or any other indulgence shown by OeSL or by any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the BANK. 7. This Guarantee shall be governed by the laws of India and only the Orissa High Court, shall have exclusive jurisdiction in the adjudication of any dispute which may arise here under. Dated this, the…………………………….. Day of …………………………………. (Signature) (Signature) (Name) Bank Rubber Stamp Name (Official Address) Designation with Bank Stamp plus Attorney as per Power of Attorney No Dated: Dated: Enquiry No: OeSL-04/2014/-- . www.oesl.in
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