GENERAL CONDITIONS
Sealed
tenders are invited for the supply of the materials as specified in the
schedule below/attached.
b)
The tenders
who names are registered with Government (Stores Purchase Department) are
generally exempted from furnishing earnest money for such articles for which
they have registered their names. If
they tender for stored other than those for which they have registered their names,
they will have to furnish earnest money as in the case of registered
firms. The registered firms will have to
quote invariable in every tender they submit the registration number assigned
to them by the Stores Purchase Department.
c)
(i) Small scale industries and cottage industries
and industrial Co-operatives within the state which are certified as such by
the Director of industries and Commerce or by the Regional Joint Directors of
Industries and Commerce will be exempted from furnishing earnest money deposits
in support of tenders submitted by them to Government Departments. The Khadi and
Village Industries Co-operative Societies and the institutions registered under
the literary, Scientific and Charitable Societies Act and finance by the Kerala
Khadi and village Industries Board within the State
which are certified as such by the Secretary, Kerala Khadi
and Village Industries and will be exempted from furnishing earnest money
deposits in support of tenders submitted by them to Government Departments.
ii Small scale industries, and Cottage
industries and industrial Co-operatives within the State which have been
registered as such with the Director of industries Department (Department under
the control of the Director of industries and Commerce) on furnishing proof
such registration will be exempted from furnishing Security deposits against
contracts for supply of stores manufactured by them provided that an officer of
an above the rank of Deputy Director of industries and Commerce having
jurisdiction over the area also certifies to the soundness and reliability of
the concerns to undertake the contracts.
The khadi and village industries Co-operative Societies
with the State which have been registered as such with the Kerala Khadi and village Industries Board and the Institutions
registered under the literary, Scientific and Charitable Societies Act and
which are financed by the Board within the State on furnishing proof of such
registration will be exempted from furnishing security deposits against
contracts for supply of stores manufactured by them provided that the
Secretary, Kerala Khadi and Village Industries Board
also certifies to the soundness and reliability of the concerns to undertake
the contracts.
(d)
In the
matter of purchase of stores by the State Government Department, Small Scale Industrial Units sponsored by the
National Small Industries Corporation Limited, New Delhi and in respect of
which competency certificates are issued by the Corporation will be exempted
from payment of Earnest Money Deposits and Security Deposits.
(e)
The exemption
stipulated in clause (b),(c) and (d) above will not however, apply to tenders
for the supply of raw materials or dietary articles or supply of stores on rate
of running contract basis.
5. The tenders will be opened on the appointed day and time
in the office of the undersigned, in the presence of such of those tenderers or their nominees who may by present at that
time.
6.
If any
tenderer withdraws from his tender before the expiry of the period fixed
keeping the rates firm for acceptance, the earnest money if any, deposited by
him forfeited to University or such action taken against hum as University
think fit.
(b)
Tenderer shall clearly specify whether the goods are offered from
indigenous sources, from imported stocks in
9.
The final acceptance of the tenders rests entirely with the University
who do not bind themselves to accept the lowest or any tender. But the tenderers
on their part should be prepared to carry out such portion of the supplies
included in their tenders as may be allotted to them.
10.
In the case of materials of technical nature the successful tenderer
should be prepared to guarantee satisfactory performance for a definite period
under a definite penalty.
11.
Communication of acceptance of the tender normally constitute
a concluded contract. Nevertheless, the
successful tenderer shall also execute an agreement for the due fulfillment of
the contract within the period to be specified in the letter of
acceptance. The contractor shall have to
pay all stamp duty, lawyers charges and other expenses incidental to the
execution of the agreement. Failure to
execute the agreement within the period specified will entail the penalties set
out in para 12 follow.
12.
(a) The successful tenderer shall
before signing the agreement and within the period specified in the letter of
acceptance of his tender, deposit a sum equivalent to 5 percent of the value of
the contract as security for the satisfactory fulfillment of the contract less
the amount of money deposited by him along with his tender. The amount of security may be deposited in
the manner prescribed in clause 4 supra or in Government Treasury Savings Bank
and the pass book pledged to Finance Officer. Letters of guarantee in the
prescribed form for the amount of security and execute the agreement as
stated above, the earnest money deposited by him will be forfeited to
the University and contract arranged elsewhere at the defaulters risk and any
loss insured by University pm account of the Purchase will be recovered from
the defaulters who will however not be entitled to any gain accruing
thereby. If the defaulting Firm is a
registered fir their registration is liable to be cancelled.
b) In cases where a successful tenderer, after
having made partial supplies fails to fulfill the contracts in full, all, or
any of the materials not supplied may at
the discretion of the Purchasing Officer, be
purchased by means of another tender/quotation or by negotiation or
from the next higher tenderer who had
offered to supply already and the loss, if any caused to the University shall
thereby together with such sums as may be fixed by the University towards
damages be recovered from the defaulting tenderer.
c)
even in cases where no alternate
purchases are arranged for the materials not supplied, the proportionate
portion of the security deposit based on the cost of the materials not supplied
at the rate shown in the tender of the defaulter shall be forfeited and balance
alone shall be refunded.
13. The security deposit shall, subject to
the conditions specified herein, be returned to the contractor within three
months after the expiration of the contract, but in the event of any dispute
arising between the Department concerned and the contractor, the Department
shall be entitled to deduct out of the deposits or the balance thereof until
such dispute is determined the amount of such damages, costs, charges and
expenses as may be claimed. The same may
also be deducted from any other sum which may be due at any time from
University to the contractor. In all
cases deposit will be released only after the expiry of the guarantee period.
14. a) all payments to the contractors will be made by
Purchasing Officer in due course.
i) either by Departmental cheques payable at the Kerala Government Treasuries or
ii)
by cheques or drafts on the Reserve Bank of India,
State Bank of India and State Bank of Travancore ( at
any of their Principal Branches in India)
iii)
in the case of supplies from abroad by drafts as may
be arranged between the contracting parties.
b)All incidental expenses incurred by the University for
making payments outside the district in which the claim arises shall be born by the contractor.
15. The tenderers
shall quote the percentage or rebate offered by them in case the payment is
made promptly within
fifteen days/within one month or taking delivery of stores.
16. Ordinarily payments will be only after
the supplies are actually verified and taken to stock but in exceptional cases,
payments against satisfactory shipping documents including certificates of
Insurance will be made upto 90 percent of the value
of the materials at the discretion of University. Bank charges incurred in connection with
payment against documents through Bank will be to the account of the
contractor. The firms will produce
stamped pre-receipted invoices in all cases where payments (
advance/final/for the release of railway receipts/shipping documents are
made through banks. In exceptional cases
where the stamped receipts of the firms are not received for the payments(in advance) the unstamped receipt of the bank)
(i.e. counterfoils of pay-in-slips issued by the bank) alone may be accepted as
a valid proof for the payment made.
17. The contractor shall not assign or make
over the contract of the benefits or burdens there of to any other person or body corporate. The contractor shall not underlet or sublet
to any person or persons or body corporate the execution of the contract or any
part thereof without the consent in writing of the Purchasing Officer who shall
have absolute power to refuse such consent or to rescind such consent( if
given) at any time if the is not satisfied with the manner in which the
contract is being executed and no allowance or compensation shall be made to
the contractor or the sub-contractor upon such rescission, provided always that
if such consent be given at any time. The contractor shall not be relieved from
any obligation, duty or responsibility under this contract.
18 a)
In case the contractor
becomes Insolvent or goes
into liquidation, or makes or proposes to make any assignment for the
benefit of his creditors or proposes any composition with his creditors for the
settlement of his debts, carries on his business of the contract under
inspection on behalf of or his creditors, or in case any receiving order or
orders for the which under any clause or clauses of this contract the
contractor shall have rendered himself
liable to damages amounting to the whole of his security deposits, the contract
shall, thereupon, after notice given by
the Purchasing Officer to the Contractor be determined and the
department/Government shall think fit.
But such determination of the contract shall be without non prejudice to
any right or remedy of the University against the contractor or his sureties in
respect of any breach of contract therefore committed by the contractor. All expenses and damages caused to University
by any branch of contract by the contractor shall be paid by the contractor to
University, and may be recovered from him under the provisions of the Revenue
Recovery Act in force in state.
b) The
persons/Contractors submitting tenders should produce solvency certificate,
clearly indicating to what extent they are solvent from the Tahsildar
of the Taluk where they reside along with their tenders.
Note:
The solvency certificate referred to above will apply only in the case
of supply of the following articles viz., dietary articles, fuels, raw
materials like roots, creepers, flowers, etc., and provisions to hospitals and
hostels, sundry articles etc.
19. a)
In case the contractor fails to supply and deliver any of the said
articles and things within the tine provided for delivery of the same, or in
case the contractor commits any breach of any of the covenants, stipulations
and agreements here in contained, and on his part to be observed and performed,
then and in any such case, it shall be lawful for University (if they shall
think fit to do so) to arrange for the purchase of the said articles and things
from elsewhere of on behalf of the
University by an order in writing under the hand of the purchasing officer put
an end to this contract and in case the University shall have incurred,
sustained or been put to any costs, damages or expenses by reason of such
purchase or by reason of this contract having been so put an end to or in case
any difference in price, compensation, loss, costs, damages, expenses of other
moneys shall then or any time during the continuance of this contract be
payable by the contractor to the University under and by virtue of this
contract, it shall be lawful for the University from and out of any moneys for
the time being payable or owing to the contractor from the University under by virtue of this contract or otherwise
to pay and reimburse to the Government all such costs, damages and expenses thy
may have sustained, incurred or been put to by reason of the purchase, made
else where or by reason of this contract having been so put an end to as
aforesaid and also all such difference in price compensation, loss costs,
damages, expenses and other money shall for the time being be payable by the
contractor aforesaid.
b) In case any difference or dispute arises in
connection with the contract, all legal proceedings relating to the matter
shall be instituted in the Court with in whose jurisdiction the purchasing
officer voluntarily resides.
20.
Any sum of money due and payable to the contractor (including security
deposit returnable to him) under this contract any be appropriated by the
purchasing Officer or any other person authorized by the University and set off
against any claim of the Purchasing Officer or University for the payment a sum
of money arising out of or under any other contract made by the contractor with
the Purchasing Officer or University or any other person authorized by
University. Any sum of money due to and
payable to the successful tenderer or contractor from the University shall be
adjusted against any sum of money due to University from him under any other
contracts.
21.
Every notice hereby required or authorized to be given may be either
given to the contract or personally or left at his residence or last known place
of abode or business, or maybe handed over to his agent personally, or may be
addressed to the contractor by post at his usual or last known place of abode
or business and if so addressed and posted , shall be deemed to have been
served on the contractor on the date on which, in the ordinary course of post,
a letter so addressed and posted would reach his place of abode or business.
22.
The tenderer shall under take to supply materials according to the
standard sample and /or specifications.
23. a) No representation
for enhancement of rates will be considered.
b) in the case of
imported goods, when the price accepted in the ex-site price quoted by the
tenderer, the benefit of any reduction in the c.i.f
price should accrue to the Purchasing department of University.
24.
Any attempt on the part of the tenderers or
their agents to influence the Department/stores Purchase Department in their favour by personal canvassing with the officers concerned
will disqualify the tenderers.
25. Tenderers should be prepared to accept orders subject to
the penalty clause for forfeiture of security in the event of default in
supplies or failure to supply within the stipulated period.
26.
Samples should be forwarded if called for and unapproved samples got
back by the tenderers at their own cost. Samples sent by V.P post or freight to pay
will not be accepted. The approved
samples may or may not be returned at the discretion of the undersignecd. Sample sent by post, Railway or plane should
be so dispatched as to reach the Purchasing Officer not later than the date on
which the tenders are due. In the case
of samples sent by railway the receipt should be sent be opened only on the
appointed and demurrage will have to be paid if the railway parcels are not
cleared in time. University will not be
responsible if any sample is found missing at any time due to the
non-observance of the provisions of this clause/Tendderes
those samples are received late will not be considered. Samples should forwarded
under separate cover duly listed and the corresponding number of the item in
the tender schedule should also be noted in the list of samples. Tenders for the supply of materials are
liable to be rejected unless samples, it called for, of the materials tendered
for are not forwarded.
27.
Telegraphic quotations will not be considered unless they give details
or prices and are immediately followed by confirmation with full relevant
details posted before the due date of the tender.
28. a )
the prices quoted should be inclusive of all taxes, duties, cesses,
etc., which are or may become payable by the Contractor under the existing or
future laws or rules of the country of origin/supply or delivery during the
course of executing of the contract.
b) In case, payment of customs/excise duty is to
be made by the purchasing officer, the purchasing officer will pay the duty on
the unloaded invoice price only in the first instance, any difference being
paid when the tenderer produces, the final assessment orders later.
29. The tenderer will invariably
furnish the following certificate with their bills for payment:-
Certified that the
goods on which sales tax has been charged have not been exempted under the
central sales tax Act or the State Sales-Tax Act or the Rules made there under
and the charges on account of Sales-tax on these goods are correct under the
provisions of the relevant act or the rules made thereunder. Certified further that we (or our Branch or
Agent)(Address)
Are registered as dealers in the state of
under
Registration No
........................................... for purposes of
Sales Tax.
30. Special Conditions, if any
of the tenderers attached with the tenderes will not be applicable to the contract unless they
are expressly accepted in writing by the purchaser.
31. This applies only to the
case of supply contracts where works such as erection and construction have
also to be done. This may be scored out
when not applicable. In the event of any
question or dispute arising under these conditions or any special conditions of
this contract or in connection with this contract the same shall be referred to
the award of an arbitrator to be nominated by the purchasing officer and an
arbitrator to be not agreeing then to the award of an umpire to be appointed by
the arbitrator in writing before proceeding on the reference and the decision
of the arbitration or in the event of their not agreeing of the umpire
appointed by them shall be final and conclusive and the provision of the Indian
Arbitration Act 1940 and of the rules there under and any statutory
modifications there of shall be deemed to apply to and be incorporated in this
contract. Upon every and any such reference the assessment of the costs
incidental to their reference and award respectively shall be in the discretion
of the arbitrators or in the event of their not agreeing of the umpire
appointed by them.
The venue of
arbitration shall be the place from which the acceptance of tender is issued or
such other places the Purchaser at his entire discretion may be determine.
32. The successful tenderers
will have to execute an agreement in Kerala Stamp Paper worth Rs. 50/- embodying the conditions prescribed by the
University.
Superscription-Tender
No
:
for
Due date and time receipt of tender :
Date and Time for opening of tender :
Date upto which
the rates are to be firm :
Price of Tender Form :
Price of duplicate Copy :
Address of Officer from whom
tender form are : Deputy Registrar, Purchase Division,
To be obtained and to whom tenders are to
be sent:
Whether samples essential :
Period within which good should be
delivered :
Rates should be quoted for deliver
for
.
At departmental Stores
.
DEPUTY REGISTRAR(PURCHASE)
(Name and Designation of Purchasing
Officer)