Telephone: 011 23012327 Government of India Ministry of Defence Directorate of Standardisation “H” Block, Nirman Bhawan (PO) New Delhi- 110 011 No.1603/Store/Std/TE/UPS Batteries 15 May 2015 __________________ __________________ __________________ OPEN TENDER ENQUIRY FOR PURCHASE OF 12 V 65 AH SMF BATTERIES ( Qty – 36) AND BUY-BACK OF OLD BATTERIES (QTY 62, 12V 65 AH ) Dear Sir, 1. Director, Directorate of Standardisation invites sealed tenders from authorised dealers/stockiest/agents of OEM Exide/Amaron/Sukam/Luminous/equivalent with three year on-site warranty for purchase of 36 batteries for a 7.5 KVA UPS and a 20 KVA UPS at Directorate of Standardisation, “H” Block, New Delhi based on the terms and conditions (Standard conditions of Contract) enclosed to this tender enquiry as Appendix “A”. The details of locations where new batteries are to be supplied and locations from where old batteries are required to be collected under buy-back is given at Appendix “B”. 2. The quotes submitted to this office shall be as per the attached performa (Appendix “C”) declaration from as per Annexure –I to Appendix – „C‟. Your quotation duly completed in all respects stamped and sealed must reach to this office through registered post/dropped in Tender Box as per following details :(a) Last Date and time (not later) of acceptance of quotation (b) Date and time of opening of quotation and address 09 Jun 2015 / 1400 hrs 09 Jun 2015 / 1500 hrs at Room No 10 “J” Block, (opposite Gate No 5 of Vayu Bhawan), PONirman Bhawan, New Delhi -110011 Late quotation will not be accepted and physical presence of firm‟s representative during opening of quotation is optional. Representatives of firm are requested to bring authority letter to attend the tender opening on 09 Jun 2015. 3. The supplier/contractor will not be allowed to alter or modify their bids/quotation after expiry of the deadline for receipt of bids/quotations. 4. Firm is required to mark the sealed envelope of quotation as follows:(a) “QUOTATION FOR SUPPLY OF IT CONSUMABLES” (b) Tender Enquiry No and Date. (c) Date of opening …..2/- 5. Your quotation must be addressed to :The Director Directorate of Standardisation “H” Block (opposite Gate No 5 of Vayu Bhawan) PO: Nirman Bhawan New Delhi-110 011 6. Quotation have to be dropped in the “Tender Box‟ placed at Gate No 6 of J-Block of Directorate of Standardisation, PO: Nirman Bhawan New Delhi-110011 upto 1400 hrs of 09 Jun 2015. 7. Following details must be clearly quoted in your quotation:(a) Basic price of each unit. (b) Sales Taxes/other charges if applicable for each item. (c) Quote the rates separately F.O.R Directorate of Standardisation, Ministry of Defence, “H” Block, Nirman Bhawan-PO, New Delhi-110011. (d) Validity of quotation (shall be minimum 90 days). (e) Warranty/Guarantee. 8. The Director reserves the right to ACCEPT or REJECT any quotation without assigning any reason. 9. Payment will be made by PCDA (HQs) “G‟ Block DHQ PO, New Delhi-110011 after receipt and satisfactory “On receipt Inspection” of stores in this office and finalisation of your pre-receipted bills. (Vipin Kumar) Dy Director OIC (Store) For Director Enclosure : as above Appendix-„A‟ STANDARD CONDITIONS OF CONTRACT(SCOC) GOVERNING PURCHASE CONTRACTS CONCLUDED BY DIRECTORATE OF STANDARDISATION, „H‟ BLOCK, NEW DELHI (Applicable for procurement of Store ) Definitions 1. The Purchaser is the Director, Directorate of Standardisation, New Delhi. 2. The Supplier is the party, which contracts to supply goods/services to Directorate of Standardisation, New Delhi. The term includes deployment of Service Engineer/manpower for jobs. 3. The Consignee is the Directorate of Standardisation to whom the supplies/services are to be delivered/provided. 4. The Inspector is the authority designated in the Contract by the Directorate of Standardisation to ensure that the quality of the item contracted for, are delivered as per the specifications and that all terms and conditions are implemented by the supplier. Applicability and Validity 5. Applicability. SCOC shall apply to all Purchase Contracts concluded by the Director, Directorate of Standardisation, New Delhi or his authorised Officers. 6. Validity. SCOC stipulated hereunder, shall supersede all conditions stipulated by the Supplier. 7. The Purchaser may reject a Tender without assigning any reason. Contract 8. The Contract shall be deemed to have come into effect on issue of Supply Order or Acceptance Tender(A/T). The acceptance may be communicated to the supplier by fax/registered post/Speed post/by hand. 9. All Communications by the Purchaser to the Supplier will be deemed to have been made if sent by Fax, e-mail or Post to the address furnished by the Supplier during Acceptance of Tender(A/T). 10. The Supplier shall not alienate his rights and responsibilities under the Contract to anyone. 11. The Purchaser shall not be liable for any obligation, monetary or otherwise, that has not been expressly stated in the Contract. 12. The Supplier shall be deemed to have indemnified the Purchaser against all claims by the Third Parties relating to the Contract, including but not limited to intellectual property rights. 13. The Supplier shall not disclose to any other Agency any information provided to him by the Purchaser except to the extent required to execute the contract. Page 1 of 5 Specifications 14. The details/specification governing the items to be supplied has been covered in detail at Appendix “B” of the Tender Enquiry. A quote received against TE shall be deemed to commit the Supplier to those specifications, Unless explicitly stated otherwise in the quote. 15 The specification contained in the TE may be modified if requisite specifications are not available, by mutual consent before the contract is concluded. Price 16. When quoting against a TE, all components of the price such as the basic price and various taxes and levies shall be listed separately, in figures including clear breakdown of each component of price and indicating total cost. Where “rates” are applicable they shall be explained clearly. The Supplier will be responsible till the entire stores contracted for arrive in good condition at the destination. 17. Price quoted in the tender shall be fixed. In exceptional circumstances, where a price variation clause becomes unavoidable, the conditions with regard to price variation must be explicitly stated. 18. The Purchaser shall not be liable for any payment that has not been indicated in the Tender. Taxes 19. Central sales tax/Value added tax will be paid as applicable. 20. Sales Tax Registration number must be indicated in the Tender response/Quotation. 21. If the Supplier is the authorized dealer/stockiest/agent of proprietary manufacturer, a certificate as under is also to be forwarded along with the Tender response. 22. In the above eventuality, a photocopy of the current certificate supporting supplier‟s status, as authorized dealer/ stockiest/ agent from Original Manufacturer Equipment (OEM) should be enclosed clearly mentioning the period for which, this authorization is valid or permitted by the OEM. 23. Earnest Money Deposit(EMD) / Bid Security :-Bidders are required to submit Earnest Money Deposit (EMD) for an amount of Rs. 4,000/- along with their bids. The EMD may be submitted in the form of an Account Payee Demand Draft, Fixed Deposit Receipt, Banker's Cheque or Bank Guarantee from any of the public sector banks or a private sector bank authorized to conduct government business. EMD is to remain valid for a period of forty-five days beyond the bid validity period. EMDs furnished by all unsuccessful Bidders will be returned on the expiry of the bid validity/finalization of successful Bidder, whichever is earlier. The Bid Security of the successful bidder would be returned, without any interest whatsoever, after the receipt of Performance Security from them as called for in the contract. EMD is not required to be submitted by those Bidders who are registered with the Central Purchase Organization (e.g. DGS&D), National Small Industries Corporation (NSIC) or any Department of MoD or MoD itself. Page 2 of 5 Performance Security 24. Performance Security for an amount of 10% (Ten percent) of the value of the contract will be deposited by the supplier in the form of Performance Bank Guarantee (PBG) within 10 days from the firm order and the same must be in the form of an account payee demand draft, fixed deposit receipt from a Commercial Bank, Bank Guarantee from a Commercial Bank in a acceptable form, Performance Security will remain valid for a period of sixty days beyond the date of completion of all contractual obligations of the supplier including warranty obligations. While depositing the bank guarantee, bidder will endorse the Supply Order No & dt at the reverse side of the Security Document. The receipt issued by the purchaser towards deposition of Performance Security will be produced by the supplier at the time of collection of the Security Document. The Bank Gurantee shall be returned to the supplier on successful completion of all his obligations under the contract. NCCF & Kendriya Bhandar are exempted for payment of Performance Security. Inspection 25. An item shall be inspected as specified in the Supply Order. Supplier shall furnish Test Certificate, wherever applicable/demanded by the purchaser. Packing 26. It shall be Supplier‟s responsibility to pack the consignment to ensure that it arrives at the Consignee‟s premises in undamaged condition. The stores should be properly preserved before packing. Each package must contain a packing note listing the contents in detail. Delivery 27. The delivery, unless otherwise specified in the Contract, shall be at the Consignee‟s premises under the arrangements of the supplier. The delivery shall be made on or before the date stipulated in the Purchase Order. Unless otherwise stated in the Purchase Order, the delivery shall be considered complete only when all the items in the Purchase Order are supplied in good condition and the consignment has cleared inspection by the Receipt Inspection Board. Consignee‟s right of rejection. 28. If an item is rejected, the Supplier is required to replace the rejected item within a period determined by the purchaser, failing which he shall make financial restitution based on the purchase order value. If the Supplier does not remove the rejected item from the purchaser‟s premises within the period stipulated by the purchaser, which shall not be more than 30 days, the Supplier shall have no claim on the rejected items and the Purchaser shall be free to dispose them as he deems fit. Purchaser may, if he chooses, dispatch the items at the expense and risk of the Supplier. Warranty 29. The Supplier is deemed to have guaranteed the Purchaser that the item supplied by him shall continue to conform to the specifications and quality standards prescribed in the contract for warranty period / period mentioned in the Supply Order from the date the item has been accepted / commissioned. Page 3 of 5 30. Should the item be found to be not conforming to the required specification and quality during the warranty period, the Supplier should, at the sole discretion of the Purchaser, either repair or replace the item free of charge or make full financial restitution with in a period of 15 days from the date of reporting of the defect. If the item is repaired/replaced, such item must bear a guarantee for performance for a period of six months from the date of repair/replacement, or up to the date of expiry of initial warranty period, whichever is later. Payment 31. Bill for payment as admissible will be forwarded within 10 days on receipt of store in good condition to PCDA, HQ, “G‟ Block, New Delhi-11 for payment to the Supplier. Liquidated Damages 32. In the event of the Supplier‟s failure to deliver on time, the Purchaser, at his sole discretion, and not by way of penalty may deduct from the payment, 1/2 % of the Contracted Price of the undelivered stores for each week or part thereof, till the item(s) is delivered, subject to maximum of 5% of the total Purchase Order value. In case of rejection of items, date of replacement of last item with correct item will be considered as the date of delivery for calculation of liquidated damages. Liquidated Damages may however be waived under the sole discretion of the Purchaser based on merits of each case, if the Purchaser is convinced that the delay in supply is due to reasons beyond the control of the Supplier. Extension of Delivery period. 33. Extension of Delivery period would be considered, if asked for by the Supplier in writing, based on merits of each case, where the Purchaser is convinced that the Supplier would make the delivery within the extended period, Extension shall be given by reserving the right of the Purchaser to levy Liquidated Damages for delay in supply and with denial of increase in price, taxes, duties etc, taking place during the extended period in writing with full justification along with supporting documents at least two weeks prior to the expiry of the Contracted Delivery Period. In case the items are not supplied even during the extension of delivery period by the Supplier, the purchaser has the right to cancel the contract and forfeit the performance security amount. The supplier, thereafter will have no right to claim the performance security. Short Closure/Termination 34. The Contract may be short closed or terminated, at the discretion of the purchaser on the following grounds:(a) The supplier fails to deliver the item(s) by the Contracted delivery date. (b) Any information provided by the Supplier is found to untrue. Page 4 of 5 (c) The supplier is found to have attempted to influence a person involved with the Contract through unethical means. (d) The Supplier has made part supply of items and is unable to supply the balance Items. Validity 35. The Standard conditions of contracts stipulated hereunder, except to the extent agreed for modification by purchaser, in writing, shall supersede conditions stipulated by the Supplier. Arbitration 36. As far as possible all differences would be resolved by mutual discussions between the two parties. However in the event of any unresolved dispute arising out of the Contract, it shall be referred to the Sole Arbitration of an Officer appointed as the Sole Arbitrator by the Director, Directorate of Standardisation, New Delhi. 37. There shall be no objection if the Arbitrator is Government Servant and that during the course of his/her duties as Government servant he/she expressed view on all or any of the matters in dispute or difference. 38. The demand for Arbitration must be in writing and made within one month from the date of termination of the contract. 39. The award of the Arbitrator shall be final and binding on both parties to the Contract. 40. The venue of Arbitration would be New Delhi. 41. The supplier is required to give the acceptance or rejection to the above clauses at Paras 36 to 39 in writing. It is stipulated that an omission to answer specifically in this regard at the TE stage will be deemed as an acceptance of the Arbitration clauses. Law 42. The laws of India shall govern the Contract. The Contract shall deem to have been made at the place from where the Purchase Order/Bid Award is issued and only the Courts of that place shall have jurisdiction to decide on any dispute arising out of the Contract. 43. At the time of submission of a bidder, a certificate will be rendered by the Supplier that all terms and conditions in this document/ tender enquiry are acceptable (Annexure I to Appendix “C”). Page 5 of 5 Appendix –„B‟ DETAILS OF LOCATION OF OLD 12V 65AH BATTERIES(TO BE COLLECTED BY SUPPLIER OF NEW BATTERIES AGAINST REPLACEMENT) S No. Location Qty (a) Room No. 150 „H‟ Block Directorate of Standardisation „H‟ Block, New Delhi – 110011 52 Nos. (b) Room No. 105A CACOSA Directorate of Standardisation Kashmir House, New Delhi – 110011 10 Nos. Total 62 Nos. DETAILS OF LOCATION OF SUPPLY OF 36 NEW 12V 65AH SMF BATTERIES S No. Location Qty (a) Room No. 150 „H‟ Block Directorate of Standardisation „H‟ Block, New Delhi – 110011 26 Nos. (b) Room No.105A CACOSA Directorate of Standardisation Kashmir House, New Delhi – 110011 10 Nos. Total 36 Nos. Appendix “C” PROFORMA TO BE SUBMITTED ALONGWITH QUOTES (QUOTES NOT ACCOMPAINED BY THE PROFORMA ARE LIABLE TO BE REJECTED) 1. Quote validity days : 2. Rate : A. For New Batteries S No. Battery (a) 12 V 65 AH SMF Unit Rate Taxes Total 36 batteries B. For Buy-back of Old Batteries S No. Battery (a) 12 V 65 AH SMF Buy-Back Rate Total 62 batteries 3. Net Cost after reducing buy-back price of 62 old batteries of 12 V 65AH = 4. Sales Tax Registration No : Firm‟s Seal with date Authorised Signatory Note: All columns are to be filled up correctly and in case some columns are Nil/ Not Applicable, the same will be clearly mentioned. Annexure I to Appendix “C” DECLARATION REGARDING ACCEPTANCE OF TERMS AND CONDITIONS CONTAINED IN THE TENDER DOCUMENT To, Director Directorate of Standardisation Ministry of Defence “H” Block, Nirman Bhawan-PO New Delhi-110011 Sir, 1. I have carefully gone through the terms and conditions contained in the tender document (No.1603/Store/Std/TE/UPS Batteries dated 15 May 2015 regarding purchase of 36 batteries for a 7.5 KVA and a 20 KVA UPS at Directorate of Standardisation, “H” Block, New Delhi, I declare that all the terms and conditions of this tender enquiry are acceptable to my company. I further certify that I am an authorised signatory of my company and am, therefore, competent to make this declaration. 2. I/We certify that the material shall be in original packing from the manufacturer clearly indicating manufacturing date, expiry date etc. Any manufacturing defect of any shape/kind shall have to be immediately replaced with a new one as per warranty. The supply shall be completed with the delivery time from the date of placement of supply order. Our firm is authorized dealer/stockiest/agent of proprietary manufacturer, a certificate as under is also to be forwarded along with the Tender response 3. I/we also certify that the date of manufacture of UPS batteries will not be three months older from the date of supply. Yours _________________ Firm‟s Seal with date Name ________________ Designation _____________ Company _______________ Address
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