TENDER FORM - Kerala State Legal Services Authority

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TENDER PARTICULARS
Department
: Kerala State Legal Services
Authority, Niyama Sahaya Bhavan,
High Court Compound,
Ernakulam.
Tender No.
: 1/08
Office Address
: Member Secretary, Kerala
State Legal Services Authority
Niyama Sahaya Bhavan,
High Court Compound,
Ernakulam.
Purpose
Last date and time for the sale of
Tender forms
: Printing about 5.6 lakh copies of
‘Niyamapadam’ (as per the
specification in the schedule)
: 30.8.08, 5.00 P.M.
Last date and time of receipt
of tender forms
: 1.9.08, 2 PM
Tender opening date and time
: 1.9.08, 3 PM
Earnest Money Deposit
: 1 % of the amount quoted.
Cost of Tender Form
: Rs.1000/- (+ VAT)
Cost of duplicate copy
: Rs.500/-(+ VAT)
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K.F.C. FORM – 14
FORM OF TENDER
From
To
The Member Secretary,
Kerala State Legal Services Authority,
Niyama Sahaya Bhavan,
High Court compound,
Ernakulam.
Sir,
I/we hereby tender to print and deliver under the annexed General conditions of
the contract, the whole of the books referred to and described in the attached
specification and schedule, as may be decided by the Kerala State Legal Services
Authority, at the rates quoted against the item. The printed books will be delivered
within the time and at the places specified in the schedule.
* I/we/am/are remitting/ have remitted the required amount of Rs. …………..
vide…………………….as earnest money.
Yours faithfully,
(Signature)
Address:
Date:
* to be scored off in cases where no earnest money deposit is furnished.
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TERMS AND CONDITIONS
Sealed tenders are invited for printing and supplying 5.6 lakh copies of ‘Niyamapadam’ as
specified in the schedule below/attached:
1. The tenders should be addressed to the Member Secretary, Kerala State Legal Services
Authority(KELSA), Niyama Sahaya Bhavan, High Court Compound, Ernakulam, Kochi31 in a sealed cover with the Tender number and name duly superscribed on the cover.
2. The tenders should be in the prescribed form which can be obtained from the head office
of Kerala State Legal Services Authority on payment of Rs.451/- (Rupees Four Hundred
and Fifty one only). Duplicate copies of tender forms will also be issued for Rs.225/-.
The cost of tender forms once paid will not be refunded. Tenders which are not in the
prescribed form are liable to be rejected. The rates quoted should be only in Indian
currency. The tender in any other currency are liable to rejection.
3. Intending tenderers should send their tenders so as to reach the Member Secretary, Kerala
State Legal Services Authority on due date, within time. No tender received after the
specified date and time will be accepted on any account. Tenders not stipulating period of
firmness and tenders with price variation clause and or subject to prior sale condition are
liable to be rejected.
4. Every tenderer has not registered his name with the State Government (Stores Purchase
Department) should send along with his tender, an earnest money of 1% of the amount
quoted. The amount may be paid by demand draft drawn in favour of the Member
Secretary(crossed on the Ernakulam branch of Dena Bank). Cheques will not be accepted.
The earnest money of the tenders will be returned as soon as possible after the tenders are
settled, but that of the successful tenderers will be adjusted towards the security that will
have to be deposited for the satisfactory fulfillment of the contract. No interest will be
paid for the earnest money deposited. The registered firms will have to quote invariably in
every tender they submit the registration number assigned to them by the Stores Purchase
Department.
5. The tenders will be opened on the appointed day and time in the Office of the Member
Secretary, Kerala State Legal Services Authority, Ernakulam in the presence of such of
those tenderers or their nominees who may be present at that time.
6. If any tenderer withdraws from his tender before the expiry of the period fixed for keeping
the rates firm for acceptance, the earnest money, if any deposited by him will be forfeited
to the Government or such action taken against him as Member Secretary, KELSA thinks
fit.
7(a). Tenderers shall invariably specify in their tenders the delivery conditions
including the time required for the supply of articles tendered for.
(b).The successful tenderer should supply the items at the KELSA office and in
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the High Court of Kerala, Cochin-31 within the period specified by the
Member Secretary, KELSA, Ernakulam. The tenders shall clearly specify
whether the articles offered are made with quality of wood specified in
Annexure A.
8.(a) The tenders for part supply will not be accepted.
(b).The final acceptance of the tenders rest entirely with the Member Secretary, Kerala State
Legal Services Authority, Ernakulam 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.
9(a). In the case of materials of technical nature the successful tenderer should be prepared to
guarantee satisfactory performance for a definite period under a definitive penalty.
(b). The guarantee provisions contained in the Kerala Financial Code are applicable.
10. Communication of acceptance of the tender normally constitutes 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 and other expense incidental to the
execution of the agreement.
(b) The successful tenderer shall before signing the agreement and within the period
specified in the letter of acceptance of his tender, shall 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. Letters of
guarantee in the prescribed form for the amount of security from a approved Bank will
also be considered enough at the discretion of Member Secretary, Kerala State Legal
Services Authority, Ernakulam. If the successful tenderers fails to deposit the security
and execute the agreement within the period specified the earnest money deposited by
him will be forfeited to Government and the contract arranged elsewhere at the
defaulter’s risk and any loss incurred will be recovered from the defaulter who will,
however not be entitled to any gain accruing thereby.
( c ) In case 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 Government shall thereby together with such sums as may be fixed by the
Kerala State Legal Services Authority towards damages be recovered from the defaulting
tenderer.
(d) Even in case 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.
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(e) If the contractor fails to deliver all or any of the stores or perform the service within
the time/period specified in the contract, the purchaser shall without prejudice to its other
remedies under the contract, deduct from the contract price as liquidated damages, a sum
equivalent to 0.5% or 1% of the delivered price of the delayed stores or unperformed
services for each week of delay until actual delivery or performance, up to a maximum
deduction of 10% of the contract prices of the delayed stores or services. Once the
maximum is reached, the purchaser may consider termination of the contract at the risk
and cost of the contractor.
11.
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 Kerala State Legal Services Authority and the contractor, the
KELSA 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 any be
claimed. The same may also be deducted from any other sum which may be due at any
time from the Government to the Contractor.
In all cases where there are
guarantee/warranty for the goods supplied the security deposit will be released only after
the expiry of the guarantee/warranty period.
12(a)
All payments to the contractor will be made by KELSA in the course
(i)
(ii)
by D.D.drawn on Dena Bank, Ernakulam.
or
(b) All incidental expenses incurred by the Government for making payments out
side the District in which the claim arises shall be borne by the contractor.
13. The tenderers shall also quote the percentage of rebate(discount) offered by them in case
the payment is made promptly within fifteen days/within one month of taking delivery of
stores.
14. Ordinarily payments will be made only after the supplies are actually verified and taken to
stock, at concerned places. The firm will produce stamped pre-receipted Invoices before
the Member Secretary, Kerala State Legal Services Authority, Ernakulam. The payments
will be made on satisfactory supply of the above said at the concerned place and on
production of the bills/invoices and on release of the amount from the Treasury.
15. The selected tenderers shall deliver the above said items on the specified date at places
identified by the Member Secretary, Kerala State Legal Services Authority, Ernakulam at
their own cost.
16. The contractors shall not assign or make over the contract on the benfits or burdens
thereof to any other person or body corporate. The contractors shall not under let or sublet
to any person or persons or body or any part thereof without the consent in writing of the
Member Secretary, Kerala State Legal Services Authority, Ernakulam who shall have
absolute power to refuse such consent or to rescind such consent (if given) at any time if
he 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.
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17. All expenses and damages caused to KELSA by any breach of contract by the contractor
shall be paid by the contractor to the KELSA and may be recovered from him under the
provisions of the Revenue Recovery Act in force in the State.
18. In case any difference or disputes arises in connection with the contract all legal
proceedings relating to the matter shall be instituted in the Courts within the jurisdiction of
Ernakulam District.
19. Any amount due and payable to the successful tenderers from the Kerala State Legal
Services Authority shall be adjusted against any sum of money due to the Kerala State
Legal Services Authority from him under any other contracts.
20. Every notice hereby required or authorised to be given may be either given to the
contractor personally or left at his residence or last known place or abode or business or
may be handed over to his agent personally or may be addressed to the contractor by post
at his usual or last known place or abode or business and if so addressed and posted shall
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.
21. The tenderer shall undertake to supply materials according to the standard sample and/or
specifications.
22. No representation for enhancement of rates once accepted will be considered during the
contract period. In the case of imported goods when the price accepted is the ex-site price
quoted by the tenderer, the benefit of any reduction in the c.i.f. price should accrue to the
KELSA.
23. Telegraphic quotations will not be considered.
24. Any attempt on the part of the tenderer or their agents to influence the KELSA/Store
Purchase Department in their favour by personal canvassing with the officers concerned
will disqualify the tenders.
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. The finalization of tenders shall be made in accordance with the supply upon the rates
quoted and according to the other formalities and performance. The Member Secretary,
Kerala State Legal Services Authority, Ernakulam have all rights to reject a tender without
giving any reasons.
27. The tenderers have to quote the expiry of the guarantee/warranty period.
28. Special conditions, if any, of the tenderers, attached with the tender will not
be applicable to the contract unless they are expressly accepted in writing by
the Member Secretary, Kerala State Legal Services Authority, Ernakulam.
29. The Tenderer should produce along with his tender a preliminary agreement
executed
and signed in Kerala Stamp paper worth Rs.100/-. A specimen
form of the agreement
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is given as Annexure B to this tender. The tenders
paper will be rejected outright.
without the agreement in stamped
30. The supply above items shall be made at the cost of the tenderer.
31. The tenderer will invariably furnish the following certificates with their bills for payment:
“Certified that the goods on which the 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 thereunder
and charges on account of sales tax on these goods are correct under the provisions of the
relevant act or the rules made there under. Certified further that we (or our Branch or
Agent)
Address:
Are registered as dealers in the State……………………………………….
Under the Registration No…………………………………………………
for the purpose of sales tax”.
32. The price quoted shall be inclusive of all taxes, duties, cesses, etc., which are or may
become payable by the contractor under existing or future laws or rules of the country of
origin/supply or delivery during the course of execution of the contract, the cost of above
items, transporting charges and all taxes.
33. The quoted rates are subject to negotiation before finalisation.
34. All conditions laid in the Store purchase Rules are applicable.
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-Superscription –
Tender No.1/08 for printing and supplying Niyamapadam books.
Last date and time for :
Sale of Tender forms
: 30.8.08, 5 PM
Last date and time for receipt of tender
: 1.9.08, 2 PM
Date and time for opening of tender
: 1.9.08, 3 PM
Price of tender form
:
Price of duplicate copy
:
Address of the officer from whom
Tender forms are to be obtained and to
whom State Legal Services
Tenders are to be sent.
Ernakulam
Rs.1000/- + VAT
Rs.500/- + VAT
: Member Secretary,
Kerala State Legal Services
Authority, Niyama Sahaya
Bhavan,
High Court compound,
Ernakulam, Kochi-31.
: 5.8.08
Declaration
I/We ....................................................................................................
agree to supply furniture to the Kerala Mediation Centre at High Court as per the rates
and conditions furnished above. I/We do hereby declare that I am related to any
Government servant who is in charge/having control of this work.
Contractor
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ANNEXURE-A
SCHEDULE OF MATERIALS
Purpose : Supply of ‘Niyamapadam’ books.
Book to be printed
: Reader “Niyamapaddom” in Malayalam
1/8 Double Demy Size 80 pages.
No. of copies
: 5.6 Lakh
Paper Quality
: Hindustan News Print Map Litho 32 Kg.
White paper.
Cover
: Separate cover in double colour
printing.
Stapling
: 2 Centre Staplings.
Supply
: As per instructions of the Member
Secretary Kerala State Legal Services
Authority(KELSA) at the 14 District Court
Centres in the State of Kerala within 30 days
of executing agreement. Transporting and
handling charges will have to borne by the
supplier.
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ANNEXURE B
AGREEMENT
Articles of agreement executed on this the ……………day of …….Two Thousand and Seven
(
.
.2008) between the Member Secretary, Kerala State Legal Services Authority (Hereafter
referred to as the KELSA) of the one part and Sri. …………………………. (name and address of the
tenderer), (hereinafter referred to as the bounden) of the other part.
WHEREAS in response to the Notification No. ……………..dated ………….the bounden has
submitted to the KELSA a tender for the printing and supply of book specified therein subject to the
terms and conditions contained in the said tender,
WHEREAS the bounden has also deposited with the KELSA a sum of Rs. ………as earnest
money for execution of an agreement undertaking the due fulfillment of the contract in case his tender
is accepted by the KELSA.
NOW THESE PRESENTS WITNESS and it is hereby mutually agreed as follows:1. In case the tender submitted by the bounden is accepted by the KELSA and the contract
for the supply of ………………………………………………….
Awarded to the bounden, the bounden shall within 15 days of acceptance of his tender
execute an agreement with the KELSA incorporating all the terms and conditions under
which the KELSA accepts his tender.
2. In case the bounden fails to execute the agreement as aforesaid incorporating
the terms
and conditions governing the contract, the KELSA shall have power and authority to
recover from the bounden any loss or damage caused
to the KELSA by such breach as
may be determined by the KELSA by appropriating the earnest money deposited by the
bounden and if the earnest money is found to be inadequate the deficit amount may be
recovered from the bounden and his properties movable and immovable in the manner
hereinafter contained.
3. All sums found due to the KELSA under or by virtue of this agreement shall be
recoverable from the bounden and his properties movable and immovable under the
provisions of the Revenue Recovery Act for the time being in force as though such sums
are arrears of land revenue and in such other manner as the KELSA may deem fit.
In witness whereof Sri………………………………………………
(H.E.name and designation) for and on behalf of the KELSA and Sri……………………
………………………………………………………….
the bounden have hereinto set their hands the day and year shown against their respective
signatures.
Signed by Sri…………………………… Date …………………
In the presence of witnesses:
1.
2.
Signed by Sri. ………………………….
In the presence of witnesses:
1.
2.
…………Date ………………