S.No. . Cost of Tender Document Rs.500/- · PDF fileS.No. . Cost of Tender Document ... of ISI...

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S.No. ………………….

Cost of Tender Document Rs.500/-

F.No.3-45/2015-16/S&S

NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING

(S&S Section)

Tender Document for supply of potable water for the use in NCERT including

NIE Guest House

Sri Aurobindo Marg

New Delhi - 110016

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F.No. 3-45/2015-16/S&S

National Council of Educational Research & Training

Sri Aurobindo Marg, New Delhi

(S&S SECTION)

TENDER NOTICE

The NCERT, New Delhi invites sealed tenders under two bid systems

(Technical Bid and Financial Bid) from original manufactures and

authorized dealers of Bisleri/Foster/Kinley/Kingfisher/Aquafina for the

supply of ISI mark potable water for the use in NCERT Hq including NIE

Guest House.

Interested parties may obtain the tender documents from the

office of the Sr. Stores Officer, S&S Section of Central Store, Workshop

Building, NCERT, Sri Aurobindo Marg, New Delhi – 110016 on any working

day on payment of Rs.500/- as cost of tender documents. The tenders will

be received till 2.30 p.m. up to 27.05.2016 and the same shall be opened

on at 3.30 p.m on 27.05.2016 . in the presence of intended parties/their

representatives who may like to be present at that time. Details of tender

documents with complete terms and conditions are also available on

NCERT Website: www.ncert.co.in.

(J.P. Bhulania)

Sr. Stores Officer, NCERT

Tele: : 011-26534138

http://www.ncert.co.in/

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National Council of Educational Research & Training Sri Aurobindo Marg, New Delhi – 110016

Cost of Tender Form Rs.5,00/-(Rupees five hundred only)

TENDER DOCUMENT FOR supply of ISI mark potable drinking water

Bisleri/Foster/Kinley/Kingfisher/Aquafina for the use in NCERT, Sri Aurobindo Marg,

New Delhi - 110016

Tender No. 3-45/2015-16/S&S

Last date of receipt of Tenders: 27.05.2016 upto 2.30 p.m.

Date & Time for Opening Tenders: 27.05.2016 at 3.00 p.m.

1. INVITATION OF BIDS

1.1. National Council of Educational Research & Training (NCERT), Sri Aurobindo

Marg, New Delhi - 110016 invites sealed tenders from reputed manufactures

of ISI mark water bottles of Bisleri/Foster/Kinley/Kingfisher/Aquafina make

only or their authorized dealers having minimum two years experience in the

field of supply of potable water & with minimum annual turnover of

Rs.20.00 lakh. However, the contract will be for a period of one year from

the date of award of letter. However, the same can be terminated

during the contract period, if the quality of water is not found upto

satisfactory.

1.2. The bidders are required to accept all terms & conditions mentioned in the

Tender Document. NCERT reserves the right to reject any or all offers without

assigning any reason thereof.

1.3. It is the responsibility of the bidders to read all terms & conditions of the

Tender Document before filling the tender. Incomplete Tender Documents or

bids are liable to be rejected. Tenders received after the due date and time will

not be entertained.

2. EARNEST MONEY DEPOSIT.

Offer for supply of potable ISI mark water of Bisleri/

Foster/Kinley/Kingfisher/Aquafina brand/make to NCERT Hq, Sri Aurobindo Marg,

New Delhi-110016must be accompanied by a Bank draft of the Nationalized

/Schedule Bank for Rs.25,000/- (Rupees Twenty five thousand only) drawn in

favour of Secretary, NCERT, payable at New Delhi as Earnest Money, which will be

refundable in due course to the unsuccessful bidder without any

interest.

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PLEASE NOTE THAT OFFERS NOT ACCOMPANINED BY THE REQUIRED EMD WILL BE

DECLEARED REJECTED.

Offer submitted with in-complete information will not be considered.

The Earnest Money of the successful bidder is liable to be forfeited if the

bidder does not fulfill the following terms and conditions: -

i) The successful bidder shall start supply ISI mark of potable water of

Bisleri/Foster/Kinley/Kingfisher/Aquafina make for the use in NCERT, Sri

Aurobindo Marg, New Delhi within 10 days from the date of receipt of

purchase order for the supply of potable drinking water..

ii) Successful bidder has to deposit Security Money within the stipulated

period, which will be valid for a period of sixty days beyond the date of

completion of all contractual obligations including warranty/guarantee

obligations. Thereafter, the earnest money of the successful bidder will be

refundable after completion of the above mentioned formalities, without

any interest thereon.

3. SCHEDULES OF TENDER

3.1 The Tender Document will be available for sale between 11 a.m. to 3 p.m.

on all working days from the date publications of the tender upto

25.05.2016. The intended bidders may purchase the same from Sr. Stores

Officer, S&S Section of National Council of Educational Research & Training,

Sri Aurobindo Marg, New Delhi - 110016 by making payment of Rs.500/-

(Rupees Five hundred only) in cash or through A/C Payee Dement Draft/

Pay Order drawn in favour of Secretary, NCERT.

3.2. Technical & Financial bids shall be received up to 27.05.2016 by 2.30

p.m. The technical bids will be opened on 27.05.2016 at 3.00 p.m.

3.3. The Financial Bid of only those bidders will be opened whose

Technical bid are accepted by the Competent Authority. The date time

and venue for opening of Financial Bids shall be communicated to the

technically qualified bidders at a later date. However, NCERT reserves the

right for not inviting the unqualified bidders while opening the financial bids.

3.4. Any tender received after the date and time given above will not be

entertained under any circumstances.

3.5. The competent authority reserves the right to reject any or all tender without

assigning any reason and shall not bind it-self to accept any tender and

reserve the right to call for fresh tender.

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4. PROCUDURE FOR SUBMISSION OF BIDS.

4.1. The Bids shall be submitted in three separate sealed envelopes as under:-

a) Envelop A - should contain the Bank Drafts (s) for the Earnest Money Deposit

(EMD ) along with details in (Annexure-I).

b) Envelope B - should contain the Technical Bid Document,(Annexure-II).

Tender Document duly signed by the bidder on each page and all

necessary documents to be submitted along with the Technical Bid.

c) Envelope C- should contain the Financial Bid Documents (Annexure-III)

4.2. All the three envelopes (i.e., envelopes A, B & C) should be submitted in a

big cover duly sealed, addressed to Senior Stores Officer, National Council

of Educational Research & Training, Sri Aurobindo Marg, New Delhi - 110016,

and superscribed “Tender for supply of ISI mark of Potable water of

Bisleri/Foster/Kinley/Kingfisher/Aquafina make to NCERT, New Delhi”. The

cover should also bear the name and address of the bidder including

telephone number. Tender duly completed as above may please be dropped

in the Drop Box placed in a well accessible place.

4.3. The bidder must put his seal and signatures on each page of the bid and also

attest all or corrections etc., if any, under his seal and signatures.

5. BIDDER QUALIFICATION.

The bidder should have having minimum two years experience in the field of

supply of ISI mark of potable water of Bisleri/ Foster

/Kinley/Kingfisher/Aquafina make in Educational Institution/Govt.

Organization/Public Sector/Autonomous/Pvt. reputed organization. The

minimum annual turnover of the prospective bidder should be Rs.20.00 lakh

per annum during the last two preceding years i.e. 2014-15 & 2015-16.

6. SCOPE OF WORKS

6.1 To provide ISI mark of potable water of Bisleri/Foster/Kinley/Kingfisher/

Aquafina make etc. as per details given in Annexure - IV enclosed.

7. TERMS AND CONDITION OF CONTRACT

7.1 The bids must be accompanied with a DD/BC issued by any

Nationalized/ Scheduled Bank for Rs.25,000/- (Rupees Twenty five thousand

only) in favour of Secretary, NCERT, New Delhi.

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7.2 The Technical Bids shall be opened at NCERT, Sri Aurobindo Marg, New Delhi

- 110016 by a duly constituted Committee in the presence of such Bidders or

their authorized representatives who may desire to be present at the time of

opening of bids.

7.3 It is the responsibility of Bidders to read all terms & conditions of this document

carefully before filling the bid. Incomplete bid documents or bids not

responsive enough to the terms and conditions are liable to be rejected. The

bidder should sign undertaking along with the bid document that he has read

the complete tender document and will abide by its terms & conditions.

7.4 The financial bids shall be opened at NCERT, Sri Aurobindo Marg, New Delhi -

110016 and shall be evaluated on the basis of acceptance of rate.

7.5 The bid shall contain no erasures or overwriting except as necessary to

correct errors made by the Bidder, in which case such corrections shall be

authenticated by the person or persons signing the bid.

7.6 Bid Documents are neither transferable nor cost of the bid documents is

refundable under any circumstances.

7.7 The issuing of bid document shall not constitute that the bidders are

automatically qualified.

7.8 If even after award of contract, information/facts submitted by the bidders

are found misleading/incorrect/false etc., NCERT reserves the right to terminate

the contract.

7.9 The successful bidder has to furnish interest free Performance Security

Deposit @ of 10% of the total value of the order in the form of Account

Payee Demand Draft from a Commercial Bank drawn in favour of

“Secretary, NCERT, Sri Aurobindo Marg, New Delhi ” payable at New Delhi

or Fixed Deposit Receipt/Bank Guarantee. This has to be given within

stipulated period as mentioned in the letter of award of contract. The

Security Deposit will be valid for a period of sixty days beyond the date of

completion of all contractual obligations including warranty/guarantee

obligations. No interest will be paid on such deposits. It may be noted that the

Performance Security stand forfeited in the event of the firm fails to supply the

items in question within the delivery scheduled and thereafter the purchase

order shall be treated as cancelled.

7.10 The Earnest Money Deposit will be refunded to the unsuccessful bidders

after finalization of tender without any interest.

7.11 However, the Earnest Money of the successful bidders will liable to be

forfeited, if he/she does not fulfill any of the following condition:

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(a) The successful bidder shall have to deposit Security deposit before

award of supply order. The security so deposited with NCERT, Sri

Aurobindo Marg, New Delhi - 110016, shall not carry any interest.

(b) To undertake the work from the specified date mentioned in the

award letter.

7.13 The successful bidder will have to supply of ISI mark of potable water of

Bisleri/Foster/Kinley/Kingfisher/Aquafina make at NCERT Hq New Delhi

including NIE Guest House, New Delhi as per items and Rate as given in

the Annexure - IV attached with price schedule / Financial Bid

document to this Tender Document.

7.14 The successful bidder will be responsible for supply of ISI mark of

Bisleri/Foster/Kinley/Kingfisher/Aquafina make to potable water NCERT, New

Delhi by his own cost and as per requirement irrespective of time and in case

of any fault delay etc., ‘risk purchase’ will be made by the NCERT out of the

Security Deposit of the said Contractor (this includes the difference tender

rate and risk purchase plus incidental charges).

7.15. In case of supply of potable water of Bisleri/Foster/

Kinley/Kingfisher/Aquafina make items of such articles, if found same or

less in quantity or quality and not of standard quality or not supplied in time, a

deduction of 10% will be made from the bill as penalty or as decided by

the Secretary, National Council of Educational Research & Training, Sri

Aurobindo Marg, New Delhi – 110016 repeated fault may result in

forfeiture of part or whole of money and even termination of the contract.

7.16 The successful bidder will ensure compliance of all the relevant provisions

of the Laws.

7.17 National Council of Educational Research & Training, Sri Aurobindo Marg,

New Delhi – 110016 reserves the right to visit the existing or the past

customers of the bidder to ascertain the quality of work performed by

them and in case any negative report is received against the bidder, bid

may be rejected. Also in case any information provided by the bidder is

found to be false, his/her bid can be rejected and part or whole security

forfeited

7.18 The successful bidder will submit the monthly bill in duplicate alongwith

testing report for the authorized Testing Laboratory may be to Senior Stores

Officer, NCERT, New Delhi for arranging the payment. Payment will be as

far as possible made within 15 (fifteen) days from the date of receipt of bill

after deduction of tax as per rules through A/c Payee Cheque.

7.19 The Earnest Money of the successful bidder will be refunded after

depositing of the Security Money against the contract. However, the same

will not carry any interest.

7.20 Conditional/Incomplete offers not conforming to tender document will be

rejected.

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7.21 The bidder shall submit the ITR for the last three years (2013-14, 2014-15, 2015-

16) of the firm/Proprietorship firm. However, no individual ITR will be considered

/accepted at any cost by the NCERT.

7.22 Sales Tax Registration number with certified copies of return for the last three

years i.e. (2013-14, 2014-15, 2015-16)

7.23 No Advance payment will be made; any offer linked with advance payment is

likely to be ignored including the security of empty bottles.

7.24 After winning the order, if you fail to supply, your EMD will be forfeited and you

will be blacklisted from participating in any future bid/tender.

7.25 The decision of acceptance of tender will lie with the competent authority of

NCERT, New Delhi who do not bind himself to accept the lowest quotations

received, without assigning any reasons.

7.26 NCERT reserves the right at the time of award of contract to increase or

decrease of quantity without any change in terms & conditions.

7.27 The Inspection Team of NCERT will carry out a inspection of the samples of jars

of potable water of 20 Litre capacity, for which the firm will have to bear all the

cost towards boarding/loading/transportation charges and testing charges of

water etc. of inspection team.

7.28 It may be noted that the potable water of ISI mark of Bisleri/ Foster/

Kinley/Kingfisher/Aquafina make only be accepted and no tender of others

brand make of drinking water will be considered by NCERT at any cost and

no correspondence will be entertained in this regards.

7.29 I/We accept condition of showing the samples of potable water of ISI mark

of Bisleri/Foster/Kinley/Kingfisher/Aquafina as per specifications at our

premises, for which inspection of the 20 Litre container of branded jars shall

be carried out by designated team of NCERT within 15 days from the date of

issue of offer letter from NCERT and whatever expenditure towards the

inspection will be borne by us.

7.30 Authorized Dealer shall submit the copy of the valid Authorized Dealership

Certificate for the year 2015-16 issued by Principal to be attached.

8. INSTRUCTIONS FOR BIDDER

8.1. It is mandatory on the part of prospective bidder to submit offer for supply

of potable water of ISI mark of Bisleri/Foster/Kinley/Kingfisher/Aquafina

make etc. as per the requirement & rates approved for the same.

8.2 It is mandatory for the bidders to quote the rates for each and every items in

respect of potable water, transport charges etc. failing which the bid of the

firm will not be considered and summarily rejected.

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8.3 Each page of the offer shall be numbered and bear the signature of the tenderer

at the bottom. All offers shall be either type written/printed neatly in indelible ink.

Any corrections should be properly attested by tender signing authority.

8.4 No advance payment for empty bottles will be given to the successful bidder as

security money by NCERT.

8.5 Resolution of Disputes

The Purchaser and the Supplier shall make every effort to resolve amicably by

direct informal negotiation any disagreement or dispute arising between them

under or in connection with the contract.

If, after thirty (30) days from the commencement of such informal negotiations,

the Purchaser and the Supplier have been unable to resolve amicably a

contract dispute, either party may require that the dispute be referred for

resolution to the formal mechanism specified in tender document.

The dispute resolution mechanism to be applied pursuant to Clause shall be as

follows:

A dispute or difference arising between the Purchaser and Supplier relating to

any matter arising out of or connected with the contract, such dispute or

difference shall be referred to the sole arbitration of an officer in the Ministry of

Law, appointed to be the arbitrator by the Director, NCERT. The award of the

Arbitrator shall be final and binding on the parties to the contract subject to the

proviso that the Arbitrator shall give reasoned award. The Indian Conciliation

and Arbitration. Act, 1996, the rules there under and any statutory modifications

or re-enactments thereof, shall apply to the proceedings. The venue of

arbitration shall be the place from where the contract is issued.

Certified that I/We have gone through the contents of the Tender form point wise

and thereby convey our acceptance to abide by all the terms & conditions

mentioned in the tender documents.

Signature : _______________________________________________________________________

Name (In block letters) : ____________________________________________________________

Designation : _______________________________________________________________________

Name of the firm : _________________________________________________________________

Address: ____________________________________________________________________________

Tele No.: ___________________________________________________________________________

Date: ______________________________________________________________________________

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ANNEXURE – I For EMD


Sri Aurobindo Marg, New Delhi - 110016

Bidding Document for supply of ISI mark of Potable water of Bisleri/Foster/

Kinley/Kingfisher/Aquafina to National Council of Educational Research & Training, Sri

Aurobindo Marg, New Delhi - 110016

PARTICULARS OF EMD

1. Name of Agency :

___________________________________________________________________

2. Date of receipt of Tender Document :

____________________________________________________

3. Last date & Time for receipt of Tender :

__________________________________________________

4. Time & Date of Opening of Tender :

_______________________________________________________

5. Place of Opening of Bid :

________________________________________________________________

6. Details of EMD:

a) Amount : Rs.25,000/- (Rupees Twenty five thousand only) for supply of ISI mark of

potable water of of Bisleri/Foster/Kinley/Kingfisher/Aquafina make for use in NCERT

b) Name of Bank : ______________________________________________________________

c) Pay Order/Bank Draft Number & Date ____________________________________________

(Authorized Signatory with Seal of the firm)

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ANNEXURE – II For Technical Bid



Bidding Document for supply of ISI mark of Potable drinking water of

Bisleri/Foster/Kinley/Kingfisher/Aquafina make to National Council of Educational

Research & Training, Sri Aurobindo Marg, New Delhi – 110016

BID DOCUMENT NO : 3-45/2015-16/S&S

S.No. Description/Company/Firm Details to be filled

up

Page

Number

of this

tender

document

where

copy/

certificate

is

attached

1. Name of Bidder:

2. Address:

3. Telephone No.

Mobile

Fax No.

E-mail Id

4 Type of Organization (whether sole

proprietorship/ partnership/private limited

or\ Cooperative body etc.) Attached

Documentary Proofs

5 Name of the Proprietor/ Partners/Directors

of the Organization/Firm

(Proof enclosed)

6 Sales Tax/ VAT Nos. of the Firm of the

(Proof enclosed)

7 PAN card of the firm/company is

mandatorily required and no individual

PAN will be considered at any cost (copy

attached)

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8. IS: 14543 Testing Report from BIS of any

Govt. Agency (copy may be enclosed)

9. Work Experience of two year for supply of

ISI mark of potable water of Bisleri/ Foster/

Kinley/ Kingfisher/Aquafina in

Govt./Autonomous body Deptt/PSU.

(Attached documentary proof in support of

claim)

10 Whether EMD submitted or not (Yes/No).

Also indicate the BC/DD No. and date

with amount of the EMD as per Annexure -I

(Please Yes or No)

11 Average Annual turnover of the

Firm/Company for the last 2 years.

Minimum Rs.20.00 Lakh. duly certified by

CA (Proof enclosed)

2014-15

2015-16

12 ITR of Company for the last three years.

No individual ITR will be considered at

any cost (copy attached)

2013-14

2014-15

2015-16

13 DD/Pay Order/Cash Receipt toward

tender document fee

14 In case of Authorized Dealer, copy of the

valid Authorized Dealership Certificate for

the year 2015-16 issued by OEM to be

attached.

15 Undertaking regarding black-listing by

any department as per Annexure-V

16 Attached undertaking as per Annexure –

VI on a Non-Judicial Stamp Paper duly

signed and stamped.

17 Water testing report from the Govt.of any

other authorized Testing Laboratory (copy

of the same may be enclosed).


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ANNEXURE – III For Financial Bid



Detailed Specifications of potable drinking water of Bisleri /Foster/ Kingfisher/Kinley/

Aqualfina for the use in NCERT

Sr.

No.

Name of the Items with detailed

specification

Qty. Unit Rate

including all

charges

(in Rupees)

Total Price

including all

charges

(in Rupees)

1.

1.

20 ltr. jar of ISI mark of potable

water of Bisleri/Foster/

Kingfisher/Kinley/Aquafina make

for use in NCERT HQ up to

31.03.2017 with ISI certified under

IS: 14543.

65 jar

per day

2. 20 ltr. jar of ISI mark of potable

water of Bisleri/ Foster/

Kingfisher/Kinley/Aquafina for use

in NIE Guest house up to

31.03.2017 with ISI certified under

IS: 14543.

30 jar per

day

Total :

Authorized Signatory with Seal of the firm)

Telex : __________________________________________________________________

Telephone : __________________________________________________________________

Fax No : __________________________________________________________________

E-Mail : __________________________________________________________________

Website: : __________________________________________________________________

Note: -

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ANNEXURE –IV For Scope of work



Scope of work

Bidding Document for supply of 95 bottles of ISI mark of potable water of 20 Litre

capacity Bisleri/Foster/ Kinley/Kingfisher/Aquafina make etc. to National Council of

Educational Research & Training, Sri Aurobindo Marg, New Delhi - 110016

The NCERT required 95 bottles of 20 Litre capacity of ISI mark of Bisleri/Foster/ Kinley/Kingfisher/Aquafina make/brand for the use in NCERT and NIE Guest House. 1. No bidder will be permitted to alter or modify their bids after expiry of the

deadline for receipt of the bids.

2. The Financial Bid should be valid for a period of 180 days from opening of the Financial Bids.

BID PARTICULARS FOR TENDER NO. : 3-45/2015-16/S&S

1. NAME OF BIDDER : ______________________________________________

2. ADDRESS OF BIDDER : ______________________________________________

3. Rate should be quoted as per Annexure III enclosed


Telex : __________________________________________________________________

Telephone : __________________________________________________________________

Fax No : __________________________________________________________________

E-Mail : __________________________________________________________________

Website: : __________________________________________________________________

Note: -

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Annexure – V

DECLARATION REGARDING BLACKLISTING/DEBARRING FOR TAKING PART IN TENDER

I / We ____________________________________ (Tenderer) hereby declare that the firm / agency

namely M/s. __________________________ has not been blacklisted or debarred in the past by Union/

State Government or organization from taking part in Government tenders in India.

Or

I / We _____________________________________ (Tenderer) hereby declare that the Firm/ agency

namely M/s. ____________________________________________ was blacklisted or debarred by Union /

State Government or any Organization from taking part in Government tenders for a period of

________________ years w.e.f. ________________ to _____________. The period is over on

_____________________ and now the firm/company is entitled to take part in Government tenders.

In case the above information found false I / we are fully aware that the tender/contract will be

rejected / cancelled by Secretary, NCERT, and EMD / SD shall be forfeited.

In addition to the above Secretary, NCERT will not be responsible to pay the bills for any completed /

partially completed work.

Name ________________________

(Authorized signatory of the firm)

Address with Seal______________________

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Annexure – VI

UNDERTAKING

I / We ____________________________________ (Tenderer) hereby declare that I/We

…………………………………………… participated in tender number F.No. 3-45/2015-16

/S&S called by NCERT for the supply of potable drinking water of

Bisleri/Kinley/Foster/Aquafina make . I / We accept condition of showing the samples

of jars of Bisleri/Kinley/Foster/Aquafina make for which inspection of the prototype

samples of water jars items shall be carried out by designated team of NCERT within

15 days from the date of issue of offer letter from NCERT and whatever expenditure

towards the inspection will be borne by us.

Name ________________________

(Authorized signatory of the firm)

Address with Seal______________________

17

F.3-45/2015-16/S&S

NATIONAL COUNCIL OF EDUCTIONAL RESEARCH AND TRAINING

(S&S- Section)

Dated: 24.4.2016

Sub: Tender for the supply of potable water of Bisleri/ Aquafina/

Kingfisher/Foster for the use in NCERT including NIE Guest House of

NCERT’s – reg.

Please find enclosed herewith a copy of limited tender

document for inviting the tender for supply of Potable Water for the use in

NCERT including NIE Guest for uploading the same on NCERT’s website.

However, the copy of approval of Competent Authority is being enclosed

for kind perusal please.

(J.P.Bhulania)

SSO/S&S

1. Prof. A.P. Bahera, Head DICTD, CIET with the request to issue

necessary instructions to the concerned officer to do the needful in

regard for up-loading the tender on the NCERT’s website

immediately.

2. Guard file

18

F.3-45/2015-16/S&S

NATIONAL COUNCIL OF EDUCTIONAL RESEARCH AND TRAINING

(S&S- Section)

Dated: 24.4.2016

Sub: Tender for the supply of potable water of Bisleri

/Aquafina/Kingfisher/Foster for the use in NCERT including NIE

Guest House of NCERT’s – reg.

Please find enclosed herewith a copy of tender notice for inviting

the tenders for the purchase of Potable Water for the use in NCERT

including NIE Guest, for which you are requested to intimate the cost for

the publication in the newspaper (Novbharat – Hindi and HIndustran

Times – English version) immediately so that the cheque could be

prepared of the said amount for onward submission to the DAVP for

publication of tender notice in the above said newspaper.

(J.P.Bhulania)

SSO/S&S

To

PRO office

NCERT, New Delhi.

19

NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING SRI AUROBINDO MARG : NEW DELHI - 110016

Tender No. 3-45/2015-16/S&S

CONTRACT AGREEMENT NO. 3-45/2015-16/S&S DATED: ……………… 2016

THIS AGREEMENT is made on …………….2016 between Secretary, NCERT

(hereinafter referred to as “Client” which expression unless excluded or

repugnant to the context be deemed to include his successors and

assigns), and whose principal place of office is at NCERT, Aurobindo Marg,

New Delhi – 110016 of the One Part,

AND

…………………………having its registered office at

…………………………………………….. (Hereinafter referred to as “the

Contractor”) which expression shall unless excluded shall unless excluded by

or repugnant to the context be deemed to include his successors, heirs

executors, administrators, representatives and assigns) of the other part for

providing manpower services to Client.

NOW THIS AGREEMENT WITNESSTH as follows:

1. WHEREAS the Client invited bids through open tender, vide Notice

Inviting Tender dated 22.04.2016 for supply of ISI mark potable water of

Bisleri/Aquafina/Foster/Kingfisher for use in NCERT including NIEGH

2. AND WHEREAS the Contractor submitted his bid dated …………… in

accordance with the procedure mentioned along with the bid

documents and represented therein that it fulfils all the requirements

and has resources and competence to provide the requisite services

to the Client.

3. AND WHEREAS the Client has selected ………………………….. as the

successful bidder (“the Contractor”) pursuant to the bidding process

and negotiation of contract prices, awarded the Letter of

Acceptance (LoA) No 3-45/2015-16/S&S the Contractor

on………….for a total sum of …………………(Rupees……………….only).

4. AND WHEREAS the Client desires that the supply of ISI mark potable

water potable water of Bisleri/Aquafina/Foster/Kingfisher/Kinley as

defined in the Bidding Document.

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5. AND WHEREAS the Contractor acknowledges that the Client shall

enter into contracts with other contractors/parties for the supply of

potable water in the premises. In cases, if the Contractor falls into

breach of the terms and conditions as Stipulated in the Tender

Document no payment of the supply of water shall be released.

6. AND WHEREAS the terms and conditions of this Contract have been

fully negotiated between the Client and the Contractor as parties of

competent capacity and equal standing.

7. AND WHEREAS the Contractor has fully read, understood and shall

abide by all the terms and conditions as stipulated in the Tender

Documents for providing for the supply of potable water in the Client’s

premises, failing which the Contract is liable to be terminated at any

time, without assigning any reasons by the Client.

8. AND WHEREAS the Client and the Contractor agree as follows :

1. In this Agreement (including the recitals) capitalized words and

expressions shall have the same meanings as are respectively

assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read

and construed as part of this Agreement. This Agreement shall

prevail over all other Contract documents.

(a) The Letter of Acceptance (LOA) issued by the Client

(b) Notice to Proceed (NTP) issued by the Client

(c) The complete Bid, as submitted by the Contractor

(d) The Addenda, if any, issued by the Client

(e) Any other documents forming part of this Contract

Agreement till date.

(Performance Bank Guarantee, Bank Guarantee)

3. Any changes/modifications/amendments required to be

incorporated in the Contract Agreement at a later stage shall

be discussed and mutually agreed by both the parties and

such supplementary agreements shall be binding on both the

parties and shall form the part of this contract agreement.

4. This Contract shall be governed by and construed in

accordance with the laws of India. Each party hereby submits

to the jurisdiction as set out in the Dispute Resolution Procedure

in the Conditions of Contract.

21

9. IN WITNESS WHERE OF the parties hereto have caused this

Agreement to be executed in accordance with the laws of India

on the day, month and year indicated above.

Signed on behalf of the Contractor

Signed on Behalf of Secretary, NCERT

(Authorised Signatory) (Authorised Signatory)

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