Directorate of Supplies & Disposal

Instruction to Tenders

1. Quotations must be enclosed in a properly sealed envelope addressed to the Directorate of Supplies & Disposals, Haryana by designation and not by name. The quotations must be superscribed: “Quotation for the supply of____________during the year________as called for in tender notice. dated________”. The quotations must reach the Directorate of Supplies & Disposals, Haryana, before the due date.

2. In the event of the quotation being submitted by a firm it must be signed separately by each member thereof, or in the event of the absence of any partner it must be signed on his behalf by a persons holding a power of attorney authorizing him to do so or in the case of a company the quotations should be executed in the manner laid down in the said company’s Articles of Association. The signatures on the quotations should be deemed to be authorized signatures.

3. All the columns of the quotations form shall be duly properly and exhaustively filled in. The rates and units shall not be over written. Quotations shall always be both in the figures and words. The words “No Question” should be written across any or all of the items in the Schedule for which tenderer does not wish to tender.

4. Any commission in filling the columns of “units” and “rates” shall altogether debar a quotations form being considered.

5. All corrections must be signed by the tenders.

6. Samples must be sent of all items quoted for even when specification or descriptions are laid down. Such samples must be sent freight paid or delivered free to the Directorate of Supplies & Disposals, Haryana. Each sample should bear a sealed label marked with the tender’s name and address and reference to the items \number in the schedule . All instructions rewarding the samples specified in the notice should be complied with. All samples except these against accepted quotations must be removed by the suppliers on a date to be specified by the Directorate of Supplies & Disposals, Haryana, failing which the samples will become the property of Government and no claim therefore, will be considered. Loss of samples or damage or wear and tear or injury by testing exposure, experiment, etc. shall be no ground for compensation in any form.

7. The tenders shall deposit earnest money in the form of Call deposit receipt pledged to the Directorate of Supplies & Disposals, Haryana, as under:-
a) Where the estimated value of purchase is upto Rs. 20,000: Rs. 500
b) Where the estimated value of purchase is between Rs. 20,001-2 Lakhs: Rs. 1,000
c) Where the estimated value of purchase is above Rs. 2 Lakhs: Rs 2,000

The earnest money must accompany the tender form without which offer will not be considered. The said amount will be regarded as forfeitable to Government if the successful tendered fails, within the time fixed by the Directorate Supplies & Disposals, either to sign the contract on terms contained in the invitation for tender, its tender form and quotations form and conditions of contract referred to in the invitation of tenders or to deposit security referred to in clause 8 below.

8. The successful tenders shall be required to deposit security for due performance of the contract in the form of Call Deposit receipt pledged to the Director Supplies & Disposals, Haryana, as under:-
a) Value of Supply Order/Estimated Value of Rate contract is upto Rs. 20,000: @ 5%
b) Value of Supply Order/Estimated Value of Rate contract is above Rs. 20,000: @ 2% of Order Amount*

In the case the security exceeds Rs 10,000 additional amount (over and above Rs 10,000) can also be deposited by the tenders in the form of Bank Guarantee on any Scheduled Bank Valid for a period of 6 months or more from the date of expiry of the stipulated delivery period. The currency period of the Bank Guarantee shall be extendable, if so desired by the Director Supplies & Disposals, Haryana. The Earnest money will be adjustable towards security.
* – subject to a minimum of Rs 1,000 in the form of deposit of Call Receipt

9. The Director Supplies & Disposals, will have the right of rejecting all or any of the quotation without assigning reasons.

10. No tender will be considered unless and until all the s are properly signed.

11. The quotation will be regarded as constituting an offer or offers open to acceptance in whole or in part or parts at the discretion ofDirector Supplies & Disposals, until the __________.

12. In the event of tender being accepted the quotations will be governed by the conditions in pages 3 to 9 read with theseinstructions.

Read and accepted.
I/we hereby quote to supply the goods and materials specified in the under-written schedule in the manner in which and within thetime specified as set forth in the conditions of contract at pages 3 to 9 at the rates given in the schedule below.
The conditions on pages 3 to 9 will be binding upon me/us in the event of the acceptance of my /our tender.

I/we herewith enclose deposit receipt for a sum of Rs________ as security money and should I/we fail to execute an agreementembodying the said conditions and deposit security as laid down in the form within 10 days of the acceptance of my/our tender.I/we hereby agree that the above sum of security money shall be forfeited by the Director Supplies & Disposals, Haryana.

SCHEDULE “A” OF RATES

1 2 3 4 5 6 7
Sr.No General Description of
Stores
I.S. specification No. Tender rate Unit Packing Name of actual manufacturer
of manufacture

“E & O.E”
All rate are for delivery F.O.R………………………….
Date the………………… day of ………. 1996………
Signature……………………………………………
Address……………………………………………..
N.B. Please do not forget to fill in all the above columns.

Conditions of Contract

This contract is to last from…….. to……. but in the event of any breach of the agreement at any time on the part of thecontractor, the contract may be terminated summarily by the Director Supplies & Disposals, Haryana(India) without compensationto the contractor.

Any change in the Constitution of the firm shall be notified forthwith by the contractor in writing to the authority sanctioning thecontract and such change shall not relieve any former member of the firm from any liability under the contract.

1.No new partner/partners shall be accepted into the firm by the contractor in respect of this contract unless he/they agree to abide by all its terms, conditions and deposit with the officer sanctioning the contract a written agreement to this effect. The contractor’s receipt or acknowledgement or that of any partners subsequently accepted as above shall bind all of them and will be a sufficient discharge for any of the purposes of the contract.

2. The contractor will supply nothing but genuine articles, e.g. described in column no.2 of Schedule ‘A’ from time to time in suchquantities as may be entered in the indents sent at the rates set forth in column 3 of Schedule A for use inOffices/Institutions/Departments under the administrative control of Government of the Haryana as may be required by theIndenting Officer, mentioned in Schedule C hereto annexed, on behalf of the Government Requisitions from officers not mentionedin Schedule C hereto annexed should before compliance be sent in original to the Director, Supplies & Disposals, Haryana , for instructions and the officer concerned advised accordingly.

No guarantee can be given as to the quantity, which will be ordered during this period. But the purchaser undertakes to order fromthe contractor all stores as detailed in the Schedule A which he requires to purchase, except that he reserves to himself the right ofplacing the contract with one or more contractors as he may think fit and in consideration of this undertaking by Government thecontractor binds himself not to revoke this contract during the said period. The quantities of stores given in the tender areapproximate only.

3. The articles to be supplied under this contract will be of the quality equal and answerable in every respect to the specifications given in the list accompanying with the tender and approved by the Director Supplies & Disposals, Haryana. The contractor shall beresponsible for all complaints as regard the quality. In case of dispute regarding quality of articles, the decision of the Director, Supplies and Disposals,Haryana, will be final and binding on the contractor.It will be open to the Director Supplies & Disposals, Haryana to send samples submitted by the tendered/contractor to any laboratory for chemical analysis and the cost thereof will be borne by the tendered/contractor.

4. The Director Supplies & Disposals, Haryana, may be notice in writing call upon the contractor to supply additional articles to serveas sample, and upon such notice in writing the contractor shall at his own cost be bound to supply additional samples, suchadditional samples being in all respects of the same quality as the sample first supplied.

5. The contractor will be responsible for damage or loss in transit and replace goods broken or lost within 10 days from the date ofnotice thereof.

6. Unless when specially ordered otherwise in the order accompanying the indent all goods must be dispatched within 14 days of thereceipt of indent by the contractor.

7. Conditions as to time for performance whether lay down herein or in any indent shall be always regarded as the essence of thecontract.

8. Director Supplies & Disposals, Haryana, or any officer subordinate to him or any of the experts attached to the Industries Department of the Haryana or the Indenting officer or any other officer or person duly authorized in writing by the Director Supplies & Disposals, Haryana, shall have the power to inspect the stores during or after manufacture, collection, dispatch, transit or arrival and to reject the same or any part or portion after the written approval of the Director Supplies & Disposals, Haryana, if he or they be not satisfied that the same is equal or according to the sample submitted by the contractor, the contractor shall not charge or be paid for supplies rejected as above and such supplies shall be removed by the contractor at once and at his expense. He shall neither claim nor be entitled to payment for any damage that rejected supplies may suffer from any harm whatsoever incidental to a full and proper examination and test of such supplies. Government shall be under no liability whatever for rejected supplies and the same will be at the contractors’ risk. Rejected supplies shall be removed by the contractor within 10 days after notice has been issued to him of such rejection, and failing such removal rejected goods will be at contractor’s risk and Govt. may charge the contractor rent for the space occupied by such rejected goods.

9. The contractor shall provide without any extra charge all materials, tools labor and assistance of every kind which the aforesaidofficer may consider necessary for any test or examination which he may require to be made on the contractor’s premises and shallpay all cost attendant thereon. In the case of stores inspected at maker’s premises the maker shall provide all facilities includingtesting appliances, for making necessary tests other than special tests or independent tests Failing the facilities at his own premisesfor making the tests the contractor shall bear the cost of carrying out tests elsewhere. The contractor shall also provide and deliverfree of charge at such place as the aforesaid officer may direct such materials as he may require for tests by chemical analysis orindependent testing machine. If for the purpose of determining the quality of stores the aforesaid officer finds it necessary to havethe stores tested at the test house or laboratory, expenses incidental to the test shall be borne by the contractor. On the failure ofthe contractor to pay the expenses within the tend days of the receipt of intimation in this behalf; from the Inspecting Officer, the
Director Supplies & Disposals, shall have the right to deduct the amount from the security deposited by the contractor and if the
amount so deducted is not deposited within 10 days, the Director Supplies & Disposals, Haryana, may treat the default as a breach
of the agreement and proved under clause (1) of the agreement without further notice. Further, the aforesaid office shall have the right to put all articles or material to such tests as he may think proper for the purpose of ascertaining whether the same are in
accordance with the specifications of sealed sample mentioned in the tender and to cut out or off/or destroy the portion, not
exceeding 2 per cent from each delivery for such purpose, the quantity so cut out or off and/or destroyed as aforesaid shall be
replaced by the contractor free of charge.

10. Packing cases, container, gunny packages, etc, which may be used for purposes of packing and which are delivered with stores will not be returned and paid for unless specially stipulated and then at contractor’s expense.

11. Unless otherwise specified in a requisition, bills for the whole of the goods referred to in each indent in triplicate, will be prepared and submitted by the contractor to the consignee for direct payment under intimation to the Director Supplies & Disposals, Haryana. The full amount will be paid on receipt of stores in good condition after their verification as regards specifications etc.

Should the payment of any bill be not made within three months from the date of its submission, the party to whom the bill was forwarded should be addressed first. Failing satisfaction the matter should be reported to the Director Supplies & Disposals, Haryana. All such complaints should give.

(i) The number and date of the requisition,
(ii) The designation of the requisitioning officer,
(iii) The designation and address of the consignee,
(iv) The designation and address of the officer to whom the The contractor sent Bill
(v) The number of the bill and date on which the bill was Sent to the Officer mentioned in (iv) above,
(vi) Full reference to reminders if issued.

12. (i) With every dispatch of goods or material under this contract the contractor will prepare invoices, in triplicate. Invoices, in duplicate, are to be sent by the contractor to the Indenting Officer, the duplicate to be returned by the Indenting Officer with the quantities or number received duly noted thereon and third copy to be sent by the contractor to the Director Supplies & Disposals, Haryana, for record in his office.

(ii) Railway Receipt will be forwarded to the consignee immediately after dispatch of stores should any demurrage charges be incurred owing to delay on the part of the contractor in forwarding the railway receipt the amount of such charges will be deducted from the bill.

(iii) The contractor shall dispatch material ‘Freight paid’ in all cases where their offer is F.O.R. destination. In the event of their failure to do so a penalty of 5 per cent will be charged on the amount paid as freight by the Indenting Officer on their behalf.

(iv) The contractor will send to the Director Supplies & Disposals, Haryana, quarterly statement of the gods supplied under thisarrangement in the following form.

Name of Officer Indent No. Name of Articles Quantity ofnumber
suppliedand to
whomsupplied and where
Value of supplies
inrupees
Re-marks

(v)– All dispatches by rail will be made at Railway risk at the expense of the Indenture (except by firm who have quoted ratesF.O.R. any place in the Haryana unless the indenture gives instructions to dispatch at owner’s risk in which case all responsibility forloss intransit will be with the indenture.

This is subject to the condition that the materials are securely packed by the suppliers in sound containers and the consignment isaccepted by the carriers without any adverse remarks as to the packing or the condition of the containers. In case of any adverseremark, the responsibility for the losses in transit will rest with the suppliers.

Subject to these conditions the contractor will not be entitled to charge or be paid for supplies broken, lost or damaged in transit. The Director Supplies & Disposals, Haryana, will be the authority to determine whether or not the breakage, loss or damage was caused through the Contractor’s negligence and the decision of the Director Supplies & Disposals, Haryana, or some other officer acting in his behalf shall be a final and conclusive against the contract.Such rejected supplies shall be removed by the contractor at his own expense.

(vi) If during the currency of the contract the specification of any article or articles to be supplied thereunder be changed the contractor shall continue to comply with demands for the supply of the said article or articles in accordance with the new specifications at a rate to be mutually agreed to in writing at the time of such change and in default of such agreement, the contract in so far as it relates to the said article or articles under respect of which no agreement has been arrived at, shall terminate but no such change shall affect the supply of any other articles under the contract or entitle the contractor to any compensation.

13. In the event of withdrawal or discontinuance of any article or articles and consequent ceasing of or reduction in demand thecontractor shall not be entitled to any compensation. Government will, however, make all reasonable endeavors to give a warningof any impending complete withdrawal or of any reduction seriously affecting quantities likely to be required under contract.

14. The time for and date of delivery or dispatch stipulated in the supply order shall be deemed to be the essence of the contract, andshould the contractor fail to deliver or dispatch any consignment within the period prescribed for such delivery or dispatch stipulatedin the supply order, the delayed consignment will be subject to 2% penalty per consignment per month recoverable on the value ofthe stores supplied. In case of non-payment of the contractor, recovery will be made from his bills or amount of earnest money orsecurity deposited with Director Supplies & Disposals, Haryana, provided also that:-

(a) No recovery of penalty will be made if the Indenting Officer accepts the delayed supplies by extending the delivery period unto 2weeks by recording in writing that the exceptional circumstances were beyond the control of the suppliers and there was no loss toGovt.

(b) Where the delay on the part of supplier is of more than 2 weeks the matter for extension of delivery period will be preferred bythe Indenting Officer to the Director Supplies & Disposals, Haryana, with a certificate that there are genuine reasons for delay on thepart of supplier and that no loss will result to Govt. in case extension in delivery period is allowed. The case will be decided on meritsby the office of the Director Supplies & Disposals, to the extent of purchasing powers delegated to him and in cases above hiscompetence the extension will be allowed by the Director Supplies & Disposals, Haryana.In case the delivery period is amended, nopenalty for supplies made during the extended period will be recovered from the supplier.

(c) On the failure of the suppliers to make supply within the extended period or otherwise and the receipt of such information in theoffice of the Director Supplies & Disposals, Haryana, risk purchase at the cost of supplier will be made by the Director Supplies &Disposals, Haryana,within 6 months of the expiry of stipulated delivery period by inviting short terms quotations from the Registeredand other known suppliers. The difference of excess cost thus incurred will be recovered from the supplier form his pending bills,earnest money or security whichever is available. This procedure will be adopted after serving a registered notice to the supplier tosupply stores within 15 days.

15. The contractor acknowledges that he has made himself fully acquainted with all the conditions and circumstances under which thesupplies required under the contract will have to be made or furnished and with all the terms, clauses conditions, specifications and other details of the contract and the contractor shall not plead ignorance of any of those as excuses in case of complaint against or on rejection of supplies tendered by him or with a view either to asking for enhancement of any rates agreed to in the contract or to evading any of his obligations under the contract.

16. No payment will be made in advance for any supplies under this contract.

17. (i) The contractor shall not–

(a) Assign or sublet the contract without written approval of the officer sanctioning the contract.

(b) disclose details of the conditions governing this contract to unauthorized persons ( Indenting against this contract is permissibleonly for the bonfire use of Governments departments and quasi public and not for private parties or for the private use of theGovernment Officers).

(ii) In the event of the contractor failing, dully and properly to fulfill or committing breach of any of the terms and conditions of thiscontract or repeatedly supplying goods liable to rejection hereunder or failing, declining, neglecting/or delaying to comply with any demand or requisition or otherwise not executing the same in accordance with the terms of this contract, or if the contractor or his agents or servants being guilty of fraud in respect of the contract or any other contract entered into by the contractor or any of his partners or representatives thereof with Government directing giving promising or offering any bribes, gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise to any person in the employment of Government in any way relating to such officers or become insolvent or apply for relief as insolvent debtor or commence any insolvency proceedings or make any composition with his/their creditors or attempts to do so then without prejudice to Government rights and remedies otherwise, Government shall be entitled to terminate this contract forthwith and to blacklist the contractor and purchase or procure or arrange from Governments’ stocks or otherwise at the contractor’s risk and at the absolute discretion of the Director Supplies & Disposals, Haryana, as regards t he manner, place or time of such purchase, such supplies as have not been supplied or have been rejected under this agreement or are required subsequently by Government thereunder and in cases where issues in replacement are made from Government’s stocks or supplies, the cost of value of stocks or supplies together with all incidental charges or expenses, shall be recoverable from the contractor on demand and the contractor shall not be entitled to benefit from any profit which may thus accrue to Government.

The termination of this contract in whole or part under these conditions shall not be affected by the acceptance, meanwhile or subsequently, of supplies accepted or made at any station whether in ignorance of the termination or otherwise.

18. If any question difference or objection whatsoever shall arise in any way connected with or arising out of this instrument or themeaning or operation of any part thereof or the rights duties, or liabilities of either party then save in so far as the decision of anysuch matter is herein before provided for and has been so decided every such matter including whether its decision has beenotherwise provided for and/ or whether it has finally decided accordingly or whether the contract should be terminated or has been rightly terminated in whole or part and as regards the rights and obligations of the parties as the result of such termination shall be referred for arbitration to any officer appointed by Haryana Government acting as such at the time of reference and his decision shall be final & binding.& where the matter involves a claim the amount if any awarded in such arbitration shall be recoverable in respect of the matter so referred.

(a) The Arbitrator and his subordinate staff shall be paid a fee of RS. 100/- per hearing subject to a maximum of RS. 500/- in each case provided that out of this amount 20%will be payable to his staff. The arbitration fee will be borne equally by Govt. and by the party concerned. The parties, other then the Govt. shall deposit their share in shape of call Deposit receipt in favour of Director, Supplies and Disposals, Haryana before the announcement of award by the Arbitrator. In case the arbitration proceedings are conducted expert and the award is announced against the Govt. then entire amount shall be payable be the Director , Supplies & Disposals, Haryana but where the export award is announced in favour of the Govt. the share of the opposite party shall from part of the claim and shall be recoverable from the said party.

19. Is the price of a contracted article is controlled by Government. the payment will no case be made at a higher rate then controlledrate.

IN W

ITNESS THEROF the parties have hereunto set their hands on the cases indicated below :

1. (In the case of a firm)

Signed by the above –named firm of ——————————————————————————————————
through ————————————————————————————————————————- partner of the firm.
Date ——————————— Signature —————————
2. (In the case of a company)
The seal of the ——————————————–Company Limited, was affixed by virtue of the resolution of the Board No. —–
—————————————————————————————————————————-dated ——————-
—— the ——————————————– day of ———————————– 200 —————————-

Seal

Dated    
    Director’s Signature
  ( In either case ) Secretary’sSignature
In the presence of (i)   (i) Signature Address
Description
(ii) SignatureAddress Description.

Signed by ——————————-

Signature of ————————–

Dated ———————————– on behalf of the Governor of Haryana.

Conditions with Tender Form

1. Trade discount should be quoted separately.
2. Offer with price variation clause will not be accepted.
3. Sates Tax, Inter State Tax or any other chargeable excise duty/ custom duty must be specifically mentioned separately, otherwise offer will be considered inclusive of all such taxes.
4. Offers are to be submitted in duplicate along with tender form offers not received in duplicate may be ignored. The duplicate copy of the offer should be carbon copy of the original tender and it must tally in all respects with the same.
5. Any tender which is not on the proper tender form and received late may not be considered.
6. No offer will be considered unless accompanied by prescribed Earnest Money except in case of firms registered with Director, Supplies and Disposals Haryana / Director General of Supplies and Disposals, Now Delhi or National small industries corporation.
7. The conditions of contract (Schedule ‘B’) attached to the tender form be returned duly signed along with the schedule ‘A’ and in case of non compliance the tender may be ignored.
8. Tenders which are not strictly according to the specifications laid down in the schedule ‘A’ will not be considered, Unless a deviation from the specification / delivery period given in schedule “a” is pointed out by the tenders specifically, it will be presumed that offer conforms to the specifications, delivery period as laid down in the schedule ‘ A’.
9. (a) Tender must be supported by a sample where asked for, failing which it will not be considered.
(b) The tendered should clearly state that the sample submitted conforms to the specifications laid down in the schedule ‘A’ failing which tender will not be considered.
(c ) In case the date of opening falls on Holiday gazettes or subsequently declared, the tender will be opened on the next working day following the closed day.
10. 95% payment can be made through bank against R/R supported with satisfactory inspection note and balance with 30 days of the receipt of stores provided the stores are booked at railway risk. The bank commission shall be borne by the contractor.
11. Prices should be for supply of the material in same condition F.O.R. destination, failing which offer may be ignored.
12. The Director, Supplies and Disposals Haryana, does not bind himself to accept the lowest tender and reserves to himself the reject any or all tenders without assigning any reasons.
13. All disputes will be settled within the jurisdiction of the head quarters of Director, Supplies and disposals, Haryana.
14. The quotations will be regarded as constituting an offer or offers open to acceptance in whole or in part or parts till the as indicated in the schedule ‘A’.
15. The offers should be typed or written in ink. Offers in pencil may be ignored.
16. The firm registered under quality marking scheme in Haryana state should furnish attested copies of their registration certificate for the tendered goods in support of their registration for such goods.
17. Preference would be given to the Haryana quality Marked goods and goods certified under ISI Certification Marked Scheme.
18. The samples / test report wherever requited shall be submitted by the date and time fixed for the receipt of the tender. Samples received after fixed time and date may be ignored. This condition will also be applicable to out side tenders.
19. The registration certificates of which attested copies are attached with quotations should be certified by the tenders to be valid on the day of opening of tenders. An undertaking should also be given by the tenders to the effect that if validity of the registration certification expired after the day of opening of the tenders due to closing of the factories or some after factors, they shall report the fact to this office immediately.
20. In case where the tenders offers machinery and equipment for which License is required under the industries (Development and Regulation )Act 1956, it would be certified by him that he is in possession of such valid license on the date of opening of the tenders under the afro said . Act for the manufacture of machinery and equipment so offered if he is a manufacturer and he is not a manufacture it should be carried that he is an authorized representative of licensed manufacturer quoting the name and address of such licensed holder and the license number.
21. The tendered will give complete addresses of its sister concerns along with names of with their complete address (es) and extent of share.
22. It should also be ensured that tender / Quotation has been signed by an authorized person. His name, Designation and address should be given in capital letters.

AFFIDAVIT

I—————————————————————————————————————————Son of Sh——————————————-resident of ———————————————————- so here by Solemnly affirm and declare as under :-

(i) That this is to certify that M/s ———————————————————————————is our authorized dealer / dealer / distributor/ agent and he is authority to our submit tender / quote the rates in the state of Haryana, against tender enquiry No. —————————–due On ————————-and to supply the material in original manufactured by us.

(ii) That we shall have full responsibility of satisfactory supplies against the supply order/ rate Contract if dealer/ distributor/ agent against the above-mentioned tender inquiry.

(iii) That I am fully authority to give this affidavit on behalf of M/s————————————-and the power of attorney has been executed in my favour ( Attested copy enclosed).

(iv) That of at my stage a dispute arises between dealer/ distributor/agent and our manufacturing firm, we will be resondible to arrange supply on the terms and conditions of supply order/ rate contract.

(v) That is case the dealer/ distributor/ agent fails to supply the goods as per supply order of the contract we, the manufacture takes the responsibility of the supply and will abide by the terms and conditions of contract, signed by the dealer/ distributor / agent.

DEPONENT

Verification :
Verified that the contents of the above affidavit of mine are true and correct to the best of my knowledge and nothing has been concealed therein.

* STANDARD FORM IN PDF FORMAT
* HAND BOOK FOR THE GUIDANCE OF INDENTING DEPARTMENTS
* HAND BOOK FOR THE GUIDANCE OF TENDERERS

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