EAST DELHI MUNICIPAL CORPORATION

OFFICE OF THE ADDL.MHO/EDMCA-2/105, UDYOG SADAN, INDUSTRIAL AREA

PATPARGANJ, DELHI-110092

TENDER FOR

PURCHSE OF TEMEPHOS EC 50% OR EQUIVALENT FOR CLEANWATER

Through e-tendering system

Website-http//mcdetenders.com

Tender Cost Rs. 500/-

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NIT NO- ……… ……………………….. The Public Health Department, invites sealed tenders in Two-bid system

(A) Technical Bid (B)Financial bid, on behalf of the

Commissioner/EDMC, from the reputed/specialized agency/contractors for

supply of Temephos EC 50% for the Public Health Department. The

tender will be opened through e-tendering system1. The notification regarding release of the tender will be published in

http//mcdetenders.com. Online tender application can be purchasedthrough online & submitting Rs. 500/- through bank draft in favor ofCommissioner, East Delhi Municipal Corporation on or before thespecified dated.

2. As on today facility for online submission of the cost through pay

portal is not available. In case the facility is activated by EDMC anytime before the last date of closure of submission of the tenderpurchase through the portal also will be allowed

3. The tenderer must deposit Earnest Money of Rs. 14600/-( Refundable) along with the e tender which should be in the form ofcrossed Demand Draft of any nationalized /scheduled bank payableto Commissioner, East Delhi Municipal Corporation payable atDelhi. No tender will be considered without earnest money. E –tender form should have all the details of the Draft submitted onspecified date prior to the opening of the technical bid in the office ofthe Addl.MHO/EDMC, A-2/105, Udyog Sadan, Industrial Area,Patparganj Delhi-110092.

4. Rates should be valid for a period of one year from the date ofopening of the tender.

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5. The undersigned reserves the right to reject any or all tenders withoutassigning any reason (s) whatsoever and in such case no tenderer shall haveany claim arising out of such situation.

6. Detail of terms & condition and eligible criteria’s are available in the mcdweb site http//mcdeteners.com

7 The technical bid and financial bid in separate e-tendering system envelop are required to be submitted as per schedule defined on web site.

ELIGIBLE CRITERIAS

( To be compiled in Envelope A ( Technical Bid)

Agency/ firm should fulfill following criteria’s

DOCUMENTS ESTABLISHING BIDDER‟S ELIGIBILITY ANDQUALIFICATION:

1. The Bidder shall, submit the bid through online of its Bid, documentsestablishing the Bidder’s qualifications to perform the contract.

2. The documentary evidence of the Bidder’s qualifications to performthe contract if its Bid is considered for further scrutiny & evaluation,shall establish to the Purchaser’s satisfaction:

a) that, in the case of a Bidder offering to supply Goods/ stores whichthe Bidder did not manufacture or otherwise produce, the Bidder hasbeen duly authorized by the Good‟s manufacturer or producer tosupply the Goods/ stores. In this regard, the Bidder should submit anAuthority Letter from their manufacturer.

b) The Purchaser will determine to his satisfaction whether the Bidderselected is qualified as per requirement of minimum qualificationcriteria , to satisfactorily perform the contract, if awarded. In supportof this, data on past performance should be submitted as perproforma of performance certificate.

3. The department will also take into account the Bidder‟s financial,technical and production capabilities. It will be based upon anexamination of the documentary evidence of the Bidder‟squalifications submitted by the Bidders of performance statement aswell as such other information as or elsewhere as the Purchaserdeems necessary and appropriate;

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4. Notwithstanding anything stated above, the Purchaser reserves theright to assess the capability and capacity of the Bidder to performthe contract, should the circumstances warrant such as assessmentin the overall interest of the Purchaser.

5. Techno Commercial Bid and Price Bid should be complete in allrespects without any ambiguity. Techno Commercial Bid incompletein any respect will be rejected without further reference to the bidderand their Price Bid will not be opened.

6. No conditional tender will be entertained/ considered.

1. DOCUMENT ESTABLISHING GOOD‟S ELIGIBILITY ANDCONFORMITY TO BIDDING DOCUMENTS:

2. The Bidder shall furnish, as part of its Bid, documents establishingthe eligibility and conformity to the Bidding Documents of all Goods/stores and services that the Bidder proposes to supply under thecontract.

3. The documentary evidence of the Goods/ stores and Service‟sconforming to the Bidding Documents may be in the form ofliterature, drawings and data, and shall comprise of

a) a detailed description of the Goods/ stores essential technical andperformance characteristics.

b) a clause-by-clause commentary on the Purchaser‟s technicalspecifications demonstrating the Goods/ stores and Services‟substantial responsiveness to those specifications or a statement ofdeviations and exceptions to the provisions of the TechnicalSpecifications.

4. For purpose of the commentary to be furnished pursuant to above,the Bidder shall note that standards for workmanship, material andequipment, and reference to brand names or equipment, andreference to brand names or catalogue numbers designated by thePurchaser in its Technical Specification are intended to bedescriptive only and not restrictive The Bidder may substitutealternative standards, brand names and/or catalogue numbers in itsBid, provided that it demonstrates to the Purchaser‟s satisfactionthat the substitutions are substantially equivalent or superior to thosedesired & designated in the Technical Specification.

5. If a bidder furnishes wrong and/or misleading data,approvals/certifications, statements etc. about the technicalacceptability of goods/ stores and services offered by it, its bid will be

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liable to be ignored and rejected in addition to other remediesavailable to the purchaser in this regard.

1. Full specification of the item is to be given by the vendor in thetechnical bid.

2. Supplier will arrange supply of the items within stipulated time asdefine in the work award.

3. The supplies will be subject to inspection & approval by thecompetent board of the Public Health Department.

4. All rejected supplies will have to be removed from the premiseswithin three days of issue of rejection notice. Failure to remove therejected items within 2 weeks shall invite damage charge at the rateof 1% of the total cost of order per week, max 5% which shalldebited from performance security. Moreover, if supplies differ fromthe technical specification, & the product rejected due to technicalnon compliance, EDMC reserves right to take legal action

5. No firm will be eligible to withdraw after the submission of thetender or its rates have been accepted, otherwise EMD will beforfeited.

6. In case the order is placed and the firm is not in position to executethe supplies, the material will be purchased from other sources atrisk and cost of the firm, without any notice.

7. Any contravention to the NIT terms and condition is liable rejectionof the tender.

8. Penalty at 1% every week of the total cost of order may be imposedon the firm, on non execution of the supply in full. (Maximum 5%)

9. Earnest money can be deposited in the shape of Bank draft/payorder in favor of Commissioner, East Delhi Municipal Corporation,payable at Delhi. before opening of the technical bid, in the office ofAddl.MHO, 419, Udyog Sadan, Industrial Area, Patparganj, Delhi.

10.Supply will be received at the place specified in supply order within the jurisdiction of Delhi/ New Delhi..

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11.Payment will be made by bill system after receiving the completesupply.

12.No tender will be accepted without earnest money.13. No previous EMD will be adjusted. 14.Multiple offers will not be accepted. 15.No conditional offer will be accepted16.Detail of specification and eligibility criteria's are available on

http//mcdetenders.com.17.The selected vendor is to provide performance agreement in the

form of Bank guarantee equivalent of 5% of the order which will bevalid until the time of warranty period

Opening of the Proposal

The schedule is available on the website after release of bid. Thetechnical envelope will be opened for short listing of the firm for financialconsideration.

Technical envelope will be evaluated by approved TechnicalEvaluation Committee for responsiveness of the bids.

If the firm found technically valid then only the price envelope of thefirm be considered by PEC for opening. The price bid of other firms (non –responsive at TEC) will not be opened.

B. FINANCIAL PROPOSAL.

PURCHSE OF TEMEPHOS EC 50% OR EQUIVALENT FOR CLEANWATER

NEGOTIATIONS: -

The firm after technical evaluation may be called for negotiation for

contract entities if any , if so, the firm will be informed by registered

post as well as official e mail provided by the vendor at the time of

submission of e tender & invite it to negotiate the contract if required.

The aims to reach the agreement on all points and initial a draft

contract by the conclusion of negotiation.

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Negotiation will be concluded with a reviewed of the draft form of the

contract. Client and agency will be final for the contract award.

Deciding Award of Contract.

Quality and competence of the agency service shall be considered asthe paramount requirement. The decision of the award of the contractwould be as under:-

The Addl.MHO is not bound to select any of the firms submittingproposals.

Further, as quality is the principle selection criteria, the Addl.MHOwill not be bound by the firm in any way to select the firm offering thelowest price.

the bid should be valid minimum for 180 days from the date of

submission

without change the personnel proposed for the assignment and

your proposed price. The Addl.MHO will make his best efforts to select

a Agency/ firm within this period.

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Technically valid & lowest price will be considered for the contract

award only.

The Taxes / other levies if any should be defined as % in the technical

bid

Please note that if it appears that your firm has no expertise for this

assignment, the Addl.MHO has no obligation to consider it ever with

the lowest cost.

The joint venture should be accompanied with full details of the

proposed association at the time of submitting bids.

Please note that the remuneration which you receive from the contractawarded will be subject to applicable Normal tax liability in India.

CORRUPT OR FRAUDULENT PRACTICES: -

The EDMC requires that Agency under this contract, observe the highest

standard of ethics during the selection and execution of such contracts. In

pursuance of this policy, the EDMC,

Defines, for the purposes of this provision, the terms set forth below

as follows:-

I. “Corrupt practice” means the offering, giving, receiving or soliciting

of anything of value to influence the action of a public official in the

selection process or in contract execution: and

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II. “Fraudulent practice” means a misrepresentation of facts in order

to influence a selection process or the execution of a contract to

the detriment of the EDMC and includes collusive practice among

agencies (prior to or after submission of proposals) designed to

establish prices at artificial non competitive levels and to deprive

the EDMC of the benefits of free and open competition.

III. The Addl.MHO will reject a proposal for award if it determines that

the agency recommended for award has engaged in corrupt or

fraudulent practice in competing for the contract in question.

IV. The EDMC Will declare a Agency ineligible, either indefinitely or

for a stated period of time, to be awarded a EDMC contract if it at

any time determines that the firm has engaged in corrupt or

fraudulent practices in competing for, or in executing, a EDMC

contract.

Addl.MHO/EDMC

TERMS OF REFERENCE

Please Refer to the online tender for purchase of Temephos EC 50% forPublic Health Department/EDMC and display at http//mcdetenders.com onEDMC website.

Public Health Department of EDMC is providing Preventive & promotiveHealth Care Services to citizens in the area under jurisdiction of EDMC .These services are provided through a network of Departments.Department is Headed by an Officer called Municipal Health Officer cumDHS .

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Division

A) Anti Malaria Operations, B) Public Health Division, C) Epidemiology Division D) Vital Statistics.

There Department are providing Policy Guidelines and logistics support tothe Zonal Health Department. There is one Zonal health Department intwo East Delhi Municipal Zones. Zonal responsible for taking all measuresas per directions issued by the four divisions for the H.Q.

Anti Malaria Operations

This Department is providing all technical support, Policy Guidelines andlogistics supply to Zonal Health department for Prevention and Control ofVector Borne Diseases. Such as Malaria, Dengue & Chikungunya,Objective of the Department is to reduce the burden of vector bornedisease & avert mortality.

EFFICIENT & EFFECTIVE VECTOR CONTORL is one of the importantstrategy to reach above said objection. Anti larval measures are undertaken by using ecofriendly Biolarvicide in on the other hand.

TEMEPHOS EC 50% is used as larvicide in clean water/potable waterlakes, Ponds, Stagnant water sources, slow moving , streams wells,coolers over head tanks, tyres and empty containers.******************************************************************

GENERAL TERM & CONDITIONS:- (GTC)

1. DEFINITIONS

1. In this contract, the following terms (whether or not spelled withan initial capital letter) shall unless the context otherwise requiresbe interpreted as indicated:

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2. The contract” (or “this contract”) means the agreement enteredinto between the Purchaser and the Supplier, as recorded in theContract Form signed by the parties, including all attachmentsand appendices thereto and all documents incorporated byreference therein AND INCLUDES THE Instructions to Bidders(ITB).

3. The Contract Price / All inclusive lump sum Price” means theprice payable to the supplier under the contract for the full andproper performance of its contractual obligations;

4. The Goods/ stores” means all of the equipment, machinery and/orother materials which the Supplier is required to supply to thePurchaser under the contract;

5. Services” means services ancillary to the supply of the Goods/stores, such as transportation and insurance and any otherincidental services such as installation, commissioning, provisionof technical assistance, training and other such obligations of thesupplier covered under the contract;

6. The Supplier” means the individual or firm supplying the Goods/stores and services under this contract and includes itssuccessors or assignees; and

7. Consignee” means the Incharge of EDMC warehouse where theGoods/ stores are required to be delivered.

1) APPLICATION: The General “Conditions” shall apply to the extent they are not supersededby provisions in other parts of the contract.

2) STANDARDS

The Goods/ stores supplied under this contract shall conform to thestandards mentioned in the Technical Specifications, and, when noapplicable standard is mentioned, to the authoritative standard appropriateto the Good‟s country of origin and such standards shall be the latestissued by the concerned institution.

3) USE OF CONTRACT DOCUMENTS AND INFORMATION

The Supplier shall not, without the Purchaser‟s prior written consent,

disclose the contract or any provision thereof or any specification,

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plan, drawing, pattern, sample, or information furnished by or on

behalf of the Purchaser in connection there with, to any person other

than a person employed by the Supplier in the performance of the

contract. Disclosure to any such employed person shall be made in

confidence and shall extend only so far as may be necessary for

purposes of such performance.

4) PATENT RIGHTS The Supplier shall indemnify the Purchaser against all third party claims ofinfringement of patent, trade mark, or industrial design rights arising fromuse of the Goods/ stores or any part thereof in the purchaser‟s country. ..

5) PERFORMANCE SECURITY (SECURITY DEPOSIT): Within 7 days of Notification of award, the supplier shall furnish

performance Security to the Purchaser for the amount and validity asspecified in work award.

the successful Bidder shall furnish the PerformanceSecurity/Security Deposit for 5% of the contract price in the form ofCrossed account payee demand draft drawn in favour ofCommissioner/EDMC, payable at New Delhi or Bank Guarantees (inthe prescribed proforma ). The performance security should be validfor a period of ninety (90) days or 5/6th of the shelf life whichever islater from the end of delivery period as notified in the Notification ofAward.

The performance Security deposited becomes liable to be refundedwhen the Contractor/Supplier duly performs and completes thecontract in all respects and presents an absolute No – DemandCertificate.

In the event of any contract amendment, the supplier shall within 15days of such amendment furnish the amendment to the performancesecurity rendering the same valid for the contract as amended.

6) INSPECTION AND TESTS

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The Purchaser or its representatives including consignees shall

have the right to inspect and/or to test the Goods/ stores to confirm

their conformity to the contract. The Special Conditions of Contract

and/or the Technical Specifications specify what inspection and tests

the Purchaser requires and where they are to be conducted then

such specification shall be complied with for the Goods/ stores to

which it applies. The purchaser may notify the Supplier in writing of

the identity of any representatives retained for these purposes, if

any.

The inspections and tests may be conducted on the

premises/godowns of the Supplier prior to dispatch of Goods/ stores

or at point of delivery and/or at the Good‟s final destination. Where

conducted on the premises of the Supplier, all reasonable facilities

and assistance, including access to drawings and production data

shall be furnished to the inspectors at no charge to the Purchaser.

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7) Consequence of rejection-

If the stores being rejected by the inspector or consignee at thesupplier‟s premises or at consignee site and the supplier fails toprovide satisfactory supplies within the stipulated period of deliverythe purchaser shall be at liberty to –

require the supplier to replace the rejected stores forthwith but in anyevent not later than a period of 10 days from the date of rejectionand the supplier shall bear the all cost of such replacement,including freight, if any, on such replacing and replaced stores butwithout being entitled to any extra payment on that or any otheraccount.

purchase the quantity of the stores rejected or stores of similardescription without notice to the supplier at his risk and cost andwithout affecting the supplier‟s liability as regards to the supply ofany further installment due under the contract, or

Cancel the contract and purchase the store of the similar descriptionat the risk and cost of the supplier. In the event of action being takenas per rules..

The Purchaser‟s right to inspect, test and, where necessary, rejectthe Goods/ stores after the Good‟s delivery to the Consignee shall inno way be limited or waived by reason of the Goods/ stores havingpreviously been inspected, tested and passed by the Purchaser orits representative prior to the Good‟s shipment.

The following inspection and sampling procedure shall be followedby the Purchaser or his representative while Inspection is carried outat Manufacturer‟s premises / warehouse.

The entire quantity against each item of the Contract should beoffered for Inspection and sampling preferably in one lot and no caseexceeding two lots. The manufacturer shall furnish at the time of

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inspection to the inspecting authority‟s authorized representative(s)the following documents:-

i. Valid manufacturing license.ii. Valid CIB Registration for the product.iii. Packing list containing batch details of item to be supplied.iv. Quality Test Certificate for incoming raw materials.v. Batch manufacturing record.vi. Internal Quality Assurance report for each batch.vii. Batch release certificate.

Three sets of samples of required quantity shall be drawn at randomfrom each batch of product offered for inspection by the Purchaser‟sinspector at manufacturer‟s premises/EDMC store and sealed . Oneset of sealed samples will be sent to Sriram Lab, Delhi by thePurchaser for conducting the required test as per specifications andgive a report within 3 weeks to confirm whether the samples conformto the prescribed specification. One set of sealed sample will beretained with the manufacturer as counter sample and another setwill be retained by the inspector of Procurement Agency. Cost borneby the supplier.

The sample retained with manufacturer & inspector will be retained till theend of the shelf life of the item.

Inspection note will be issued by the inspecting authority of ProcurementAgency on the basis of test report, accepting or rejecting the batch as thecase may be. The Board decision as regards the rejection shall be final andbinding on the supplier.

The Goods/Stores will be dispatched only after the above inspectionprocedure has been followed and inspection note issued to accept theconsignment.

The samples drawn from each batch at the time of sampling have to bereplenished by the supplier from the respective batches at no extra cost tothe Purchaser. 8. PACKING

The Supplier shall provide such packing of the goods/ stores as is requiredto prevent their damage or deterioration during transit to their finaldestination as indicated in the contract. The packing shall be sufficient towithstand, without limitation, rough handling during transit and exposure toextreme temperature, salt and precipitation during transit and open storage.Packing case size and weights shall take into consideration, whereappropriate, the remoteness of the Goods/ stores final destination and the

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absence of heavy handling facilities at all points in transit. All primarypackaging containers which come in contact with the Goods‟/ storescontent shall strictly conform to the specifications included in the relevantstandards to protect the quality and integrity of the goods/ stores.

The packing, marking shall show the description of quantity of contents,the name of the consignee and address, the gross weight of the packages,the name of the supplier with a distinctive number of mark sufficient forpurposes of identification.

Each package shall contain:

a) A packaging note quoting the name of the Purchaser

b) The number and date of order

c) Nomenclature of the goods/ stores

d) Schedule of parts for each complete equipment giving part number with

reference to assembly.

Notwithstanding anything stated in this clause, the supplier shall be entirely

responsible for loss, damage, deterioration, and depreciation of the goods/

stores due to faulty protective & Insecure packing and shall arrange for

prompt replacement.

In addition to the above, the packing and marking will be complied as

indicated in schedule of requirement and technical specifications.

9. DELIVERY

Delivery of the Goods/ stores shall be made by the Supplier withinthe period stipulated in the Schedule of Requirements andconsequently stipulated in the resultant Award/ contract. The time forand the date of delivery of the goods stipulated in the schedule shallbe deemed to be the essence of contract and the delivery must becompleted not later than the date(s) as specified in the contract.

Within 24 hours of shipment, the supplier shall notify the purchaserand the insurance company by cable/telex/fax the full details of

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shipment including contract number, Railway Receipt/LorryReceipt/Goods Receipt number and date, description of Goods/stores, quantity, consignee etc. The supplier shall dispatch thefollowing documents to the Purchaser with a copy of each of thedocuments to the insurance company by courier service:

3 copies of the supplier‟s invoice showing a description of the goods/stores, quantity, unit price, total amount;

(ii) Acknowledgement of receipt of Goods/ stores from the consignee(s); (iii) Insurance certificate; (iv) supplier‟s/manufacturer‟s warranty; (v) Inspection certificate issued by the nominated inspection agency andthe supplier;s / manufacturer‟s factory inspection report; and (vi) Certificate of origin.

10.TRANSPORTATION

To be arranged by the supplier up to consignees end duly insured.

11.PAYMENT

Both for Indian origin goods/ stores and for import origin finished goods/stores.

11.1 The Supplier‟s request(s) for payment shall be made to the

Purchaser in writing, accompanied by an invoice describing as

appropriate, the Goods/ stores delivered and Services performed and by

shipping documents, such Goods/ stores to be duly certified and wherever

applicable supported with documentary evidence in support thereof

satisfactory installation duly certified by authorized personnel of

consignees, shall accompany for release of payment.

12.PRICES

12.1 Prices charged by the Supplier for Goods/ stores delivered andservices performed under the contract shall not vary from theprices quoted by the Supplier in its Bid.

13.DELAYS IN THE SUPPLIERS PERFORMANCE

13.1 The time and date specified in the Contract for the delivery of

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the Goods/ stores shall be deemed to be the essence of theContract.

13.2 Delivery of the Goods/ stores and performance of Servicesshall be made by the Supplier in accordance with the timeschedule specified by the Purchaser.

13.3 Any unexcused delay by the Supplier in the performance of itsdelivery obligations shall render the Supplier liable to any or allof the following sanctions, forfeiture of its PerformanceSecurity, imposition of liquidated damages and/or terminationof the Contract

13.4 If at any time during the performance of the Contract, theSupplier or its sub- Suppliers(s) should encounter conditionsimpeding timely delivery of the Goods/ stores and performanceof the Services, the Supplier shall promptly notify thePurchaser in writing of the fact of the delay, its likely durationand its cause(s). As soon as practicable after receipt of theSupplier‟s notice, the Purchaser shall evaluate the situationand may at its discretion extend the supplier‟s time forperformance, by such period as the Purchaser shall considerfair and reasonable.

13.5 When the period of delivery is extended due to unexcuseddelay by the supplier, the amendment letter extending thedelivery period shall, interalia contain the following conditions:

The Purchaser/Consignee shall recover from the supplier, liquidateddamages on the goods/ stores and services, which the Supplier hasfailed to deliver within the delivery period stipulated in the contract.

That no increase in price on account of any ground, whatsoever,including any stipulation in the contract for increase in price on anyother ground and, also including statutory increase in or freshimposition of customs duty, excise duty, sales tax/ VAT or on accountof any other tax or duty which may be levied in respect of the goods/stores and services specified in the contract, which takes place afterthe date of delivery stipulated in the contract shall be admissible onsuch of the said goods/ stores and services as are delivered andperformed after the date of the delivery stipulated in the contract.

But nevertheless, the Purchaser/Consignee shall be entitled to thebenefit of any decrease in price on account of reduction in orremission of customs duty, excise duty, sales tax/ VAT or any otherduty or tax or levy or on account of any other grounds, which takesplace after the expiry of the date of delivery stipulated in thecontract.

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The supplier shall not dispatch the goods/ stores after expiry of thedelivery period. The supplier is required to apply to thePurchaser/Consignee for extension of delivery period and obtain thesame before despatch. In case the supplier dispatches the goods/stores without obtaining an extension, it would be doing so at its ownrisk and no claim for payment for such supply and / or any otherexpense related to such supply shall lie against the purchaser. In theevent the goods/ stores are accepted by the consignee after theexpiry of the delivery period, the right of the purchaser to levyliquidated damages on delayed supplies will not be forfeited.

14.Passing of Property:

14.1 The property in the goods/ stores shall not pass to the purchaserunless and until the goods/ stores have been delivered to the consignee inaccordance with the conditions of the contract.

14.2 Unless otherwise agreed, the goods/ stores remain at the supplier‟srisk until the property therein is transferred to the purchaser.

15.LIQUIDATED DAMAGES 15.1 Subject to force – majeure, if the Supplier fails to deliver any or all ofthe Goods/ stores or perform the Services within the time period(s)specified in the Contract, the Purchaser shall, without prejudice to its otherremedies under the Contract, or extended under Clause 13.5, thePurchaser shall without prejudice to its other remedies under the contractdeduct from the Contract Price, as Liquidated Damages, a sum equivalentto 1 percent of the price of the delayed Goods/ stores or unperformedServices for every week of delay until actual delivery or performance, up toa maximum deduction of 5 (five) percent of the contract Price. Once themaximum is reached, the purchaser may consider termination of thecontract.

16.TERMINATION FOR DEFAULT 16.1 The purchaser may, without prejudice to any other remedy for breachof Contract, by written notice of default sent to the Supplier, terminate theContract in whole or in part: (a) if the Supplier fails to deliver any or all of the Goods/ stores within thetime period(s) specified in the Contract or any extension thereof grantedby the purchaser pursuant to Clause 13.5 or

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(b) if the Supplier fails to perform any other obligation(s) under the

Contract.

In the event the Purchaser terminates the Contract in whole or in part,pursuant to clause 16.1, and without prejudice to the Purchaser‟s otherremedies, the Purchaser may procure, upon such terms and in suchmanner as it deems appropriate, Goods/ stores or Services similar tothose undelivered or unperformed and the Supplier shall be liable to thePurchaser for any excess costs for such similar Goods/ stores. However,the Supplier shall continue performance of the Contract to the extent notterminated.

17.FORCE MAJEURE 17.1 the Supplier shall not be liable for forfeiture of its PerformanceSecurity, liquidated damages or termination for default, if and to the extentthat, its delay in performance or other failure to perform its obligationsunder the Contract is the result of an event of Force Majeure. 17.2 For purposes of this clause and clauses 14.3, 15.1 & 17.3 “ForceMajeure” means an event beyond the control of the Supplier and notinvolving the supplier‟s fault of negligence and not foreseeable. Suchevents may include, but are not restricted to, acts of the Purchaser eitherin its Sovereign or contractual capacity, wars or revolutions, fires, floods,epidemics, quarantine restrictions and freight embargoes. 17.3 If a Force Majeure situation arises, the Supplier shall promptly notifythe Purchaser in writing of such conditions and the cause thereof. Unlessotherwise directed by the Purchaser in writing, the Supplier shall continueto perform its obligations under the Contract as far as reasonably practical,and shall seek all reasonable alternative means for performance notprevented by the Force Majeure event.

18.TERMINATION FOR INSOLVENCY 18.1 The Purchaser may at any time terminate the contract by givingwritten notice to the Supplier without compensation to the Supplier, if theSupplier becomes a bankrupt or otherwise insolvent (which events shall ofthemselves be a breach of the Contract on the part of the Supplier),provided such termination will not prejudice or affect any right of action orremedy which has accrued or will accrue thereafter to the Purchaser.

19.TERMINATION FOR CONVENIENCE 19.1 The Purchaser may, by written notice sent to the Supplier, terminatethe Contract, in whole or in part, at any time for its convenience. The

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notice of termination shall specify that termination is for the Purchaser‟sconvenience, the extent to which performance of work under the contractis terminated, and the date upon which such termination becomeseffective. 19.2 The / stores that are complete and ready for shipment within 30(thirty) days after the Supplier‟s receipt of notice of termination shall bepurchased by the Purchaser at the Contract terms and prices. For theremaining Goods/ stores, the Purchaser may elect: a. to have any portion completed and delivered at the Contract terms andprices;

and/or to cancel the remainder and pay to the Supplier an agreed amount

for partially completed Goods/ stores and for materials and parts

previously procured by the Supplier.

20.RESOLUTION OF DISPUTE 20.1 The Purchaser and the Supplier shall make every effort to resolveamicably by direct informal negotiation any disagreement or disputearising between them under or in connection with the Contract. 20.2 If the parties fail to resolve their dispute or difference by such mutualconsultation within thirty days of its occurrence, then, unless otherwiseprovided in the SCC, either the Purchaser/Consignee or the supplier maygive notice to the other party of its intention to commence arbitration, ashereinafter provided the applicable arbitration procedure will be as per theArbitration and Conciliation Act, 1996 of India. In the case of a dispute ordifference arising between the Purchaser/Consignee and a domesticSupplier relating to any matter arising out of or connected with thecontract, such dispute or difference shall be referred to the sole arbitrationof an officer, appointed to be the arbitrator by the Addl.MHO. The award ofthe arbitrator shall be final and binding on the parties to the contractsubject to the provision that the Arbitrator shall give reasoned award incase the value of claim in reference exceeds Rupees One Lac (Rs.1,00,000/-) 20.3 Venue: The venue of arbitration shall be Delhi/New Delhi (India).

21.GOVERNING LANGUAGE: 21.1 The Contract shall be written in the language of the Bid (EnglishLanguage), as specified by the Purchaser. All correspondence and otherdocuments pertaining to the Contract, which are exchanged by the parties,shall be written in that same language.

22.APPLICABLE LAW

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22.1 The Contract shall be interpreted in accordance with the lawsof Union of India.

23.NOTICES 23.1 Any notice given by one party to the other pursuant to the contractshall be sent in Writing to the address specified for the purpose in the Special Conditionsof Contract. 23.2 A notice shall be effective when delivered or on the notice‟s effectivedate, whichever is later.

24 TAXES AND DUTIES 24.1 Supplier shall be entirely responsible for all taxes, stamp duties,

license fees, Octroi, Road Permits etc. incurred until delivery of the

contracted Goods/ stores to the Purchaser.

25 WARRANTY (i) The supplier warrants that the Goods/ stores supplied under thisContract will have remaining a minimum of five-sixths of the specified shelflife at the time of supply to the consignee, have „overages‟ within theranges set forth in the Technical Specifications and are not subject torecall by the applicable regulatory authority due to unacceptable quality oron adverse reaction, and in every other respect will fully comply in allrespects with the Technical Specifications and with the conditions laiddown in the contract. In the event any of the goods/ stores are recalled,the Supplier shall notify the Purchaser within 14 days. (ii) This warranty shall remain valid up to shelf life after the Goods/ storeshave been delivered to the final destination indicated in the Contract. (iii) The Purchaser shall promptly notify the Supplier in writing of anyclaims arising under this warranty. (iv) Upon receipt of such notice, the Supplier shall, with all reasonablespeed, replace the defective Goods/ stores without cost to the Purchaser.The Supplier will be entitled to remove, at his own risk and cost, thedefective Goods/ stores once the replacement Goods/ stores have beendelivered. In the event of any replacement of defective goods/ storesduring warranty period, the warranty for the replaced goods/ stores shallbe extended to a further period up to shelf life of the replaced Goods/stores.

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(v) If the Supplier having been notified fails to replace the defective Goods/stores within a reasonable period, the Purchaser may proceed to takesuch remedial action as may be necessary, at the Supplier‟s risk andexpense and without prejudice to any other rights which the Purchasermay have against the Supplier under the Contract.

26 JURISDICTION:

All disputes arising out of the contract shall (subject to clause 20) besubject to the Jurisdiction of the appropriate court at New Delhi only.

27 Withholding and Lien in respect of sums claimed

Whenever any claim for payment arises under the contract against the

supplier the purchaser shall be entitled to withhold and also have a lien to

retain such sum from the security deposit or sum of money arising out of

under any other contract made by the supplier with the purchaser, pending

finalization or adjudication of any such claim. It is an agreed term of the

contract that the sum of money so withheld or retained under the lien

referred to above, by the purchaser, will be kept withheld or retained till the

claim arising out of the contract is determined by the Arbitrator or by the

competent court as the case may be and the supplier will have no claim for

interest or damages whatsoever on any account in respect of such

withholding or retention

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SPECIAL CONDITIONS OF CONTRACT (SCC)

The following Special Conditions of Contract shall supplement the GeneralConditions of Contract. Whenever there is a conflict, the provisions hereinshall prevail over the General Conditions of contract.

1. PERFORMANCE SECURITY

The performance Security deposited becomes liable to be refunded whenthe Contractor/Supplier duly performs and complete the contract in allrespects and presents an absolute No – Demand Certificate.

2. IMPORTS:

For Import origin finished goods/ stores quoted, the supplier or the Indianagent shall have to arrange at his own cost, all import / custom clearancehandling facilities. The purchaser shall not be liable to any claim onaccount of fresh imposition and/or increase of Excise Duty, Customs duty,Sales Tax on raw materials and/or components used directly in themanufacture of the contracted stores taking place during the pendency ofthe contract.

3. QUALIFICATION CRITERIA (QC):

Bidders must satisfy the minimum requirement of Qualification Criteria

4. PERFORMANCE STATEMENT:

Bidders should give performance statement for the orders received andexecuted successfully during last three years prior to date of tenderopening.

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5. BID FORM:

Bid submitted through online system only, no manual papers accepted.

Tender Fees & EMD will be submitted through manual only before opening

of the technical bid.

SCHEDULE OF REQUIREMENTS.

SCHEDULE OFREQUIREMENTS(SOR) Briefdescription of item

RequiredQuantity (In Liters)

Bid Security (in Rupees)

Temephos EC 50% or Equivalent

875 liters Rs.14600/-

Note: -

1) All the materials should be well packed in the sizes mentioned in the

Technical specifications to avoid any breakage during transit.

2) Terms of Delivery- Free delivery at the consignees end i.e. freight and

all other levies pre paid up to destination at consignees end.

3) Delivery period-

a) For East Delhi Municipal Corporation (EDMC) Supply-Supply

should be within 45 days from the date of issue of Notification of Award

(including inspection & testing).

4) Available shelf life at the time of supply should be 5/6th of the CIB

approved shelf life.

5) Stores should be suitable for storage and use in Delhi.

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TECHNICAL SPECIFICATIONS

Description of Stores :Temephos EC 50% confirming to IS 8498 to No.IS No.8498 1977 with amendment no. 1 & 2 bearing ISI certificatemark.

Shelf life/Efficacy :Two Years Life: The expiry date i.e. the date upto the insecticide shall retain its efficacyand toxicity shall be for a period of two years from the date of itsmanufacture that means theerial shall meet with the requirement given inthe specification above for a period of two years. This shall be guaranteedby the firm and certificate in this regard shall have to be furnished alongwith the bid documents at the time when the stores are offered forinspection, the life of larvicide/insecticide should not have passed morethan 1/6th of the effective life of the same counted from the date ofmanufacture. Packing & Marking : Packing:-The stores shall be packed in 5 Litres, new dry leak proof, sound non-returnable mild steel tins confirming to the ISI specification No.IS:2552-1989 and the packing shall comply with the general requirementsstipulated in ISI: 8190(Para II-2)1980 and 1988(Second revision).Thepacking shall also confirm to the tariff rules in force from time to time forgoods falling in the category of material of high flash point. The suppliershall provide certificate from the fabricators of tins to the inspectingauthority confirming that the drums confirm to the above IS specification. Marking:- The container shall bear legibly and indelibly the information as per clause3.2 of IS:8498-1977 with amendment No.1 & 2 and as per the InsecticideAct 1968 and rules made there under. The containers shall be marked withISI certification mark as mentioned in clause 3.2.1 of IS:8498-1977.Inaddition, the containers shall be marked

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East DMC supply-NOT FOR SALE. In addition to the above, the container shall bear legibly & indelibly theabove information and any other information as necessary under theinsecticide Act & Rules. -The Insecticides should be suitable for storage & use in Delhi. - The Insecticide should be approved by NVBDCP for use under vectorBorne Disease Control Programme. -The product should be registered with Central Insecticide Board (CIB) andthe registration should be valid on the date of tender opening.

QUALIFICATION CRITERIA (QC)

1. The bidder must declare whether they are quoting as a manufactureror as the authorized agent of the manufacturer

a. If the bidder is participating as a manufacturer of the product, theyshould furnish

i. Valid manufacturing license for manufacturing this product on the date ofbid opening ii. Valid CIB registration certificate on the date of bid opening. b. If the bidder is participating as an authorized agent on behalf ofmanufacturer they should submit i. Valid manufacturing license of the manufacturer on whose behalf thebidder is participating as authorized agent ii. Valid CIB registration certificate of the agent on the date of bid openingfor importing and marketing. iii. Manufacturer‟s authorization certificate as per the format given insection VIII. The credentials of a person signing this authorization lettershall be enclosed (board of resolution under common seal of company) c. CIB registration certificate shall mention clearly the shelf life of theproduct.CIB registration certificate mentioning the shelf life as provisionalshall not be considered and the bid may be summarily rejected. 2. The bidder must have received and successfully executed the supplyorder in India to the extent of minimum 25% of the quantity of TemephosEC 50% or equivalent {as detailed in Technical Specifications (SectionVI)} indicated in Schedule of Requirements (Section V) in any one yearduring the last three years prior to the date of tender opening viz ………………. (first year from 2010-2011, 2nd year from 2011-2012 and 3rd year

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from 2012-2013 . In support of this, data on past performance should besubmitted as per proforma . Supplies made to Whole Sale stockiest,Distributors, Own Agents, Sister Company other than to end user will notbe considered for counting 25% performance.

Note:

The Bidders may please note that their bids will be rejected if they fail

to comply with the Qualification Criteria as above.

FORM OF BANK GUARANTEE FOR PERFORMANCE SECURUTY(ON Rs.100/- non judicial stamp paper, Govt. Paper)

Ref: _______________ BankGuarantee: ________________

Validity period- 24months.Date: _______________

Dear Sir,

In consideration of M/s. ____________________ (hereinafter referred asthe “Client”, which expression shall, unless repugnant to the context ormeaning thereof include it successors, administrators and assigns) havingawarded to M/s. ____________________ (hereinafter referred to as the“Agency / firm” which expression shall unless repugnant to the context ormeaning thereof, include its successors, administrators, executors andassigns), a contract by issue of client’s Contract Agreement No.________________ dated __________ and the same having beenunequivocally accepted by the Agency / firm, resulting in a Contract valuedat ___________________ for __________________ Contract (hereinaftercalled the “Contract”) (scope of work)and the agency having agreed to make payment to the Client forperformance of the above Contract amounting to ____________________

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(in words and figures) as an advance against Bank Guarantee to befurnished by the Agency / firm.

We _____________ (Name of the Bank) having its Head Office at_______________ (hereinafter referred to as the Bank), which expressionshall, unless repugnant to the context or meaning thereof, include itssuccessors, administrators executors and assigns) do hereby guaranteeand undertake to pay the client immediately on demand any or, all moniespayable by the Agency / firm to the extent of _______________ asaforesaid at any time upto _________ @ __________ without any demur,reservation, contest, recourse or protest and/or without any reference tothe agency / firm. Any such demand made by the client on the Bank shallbe conclusive and binding notwithstanding any difference between theClient and the Agency / firm or any dispute pending before any Court,Tribunal, Arbitrator or any other authority. we agree that the Guaranteeherein contained shall be irrevocable and shall continue to be enforceabletill the Client discharges this guarantee.

The Client shall have the fullest liberty without affecting in any way theliability of the Bank under this Guarantee, from time to time to vary theadvance or to extend the time for performance of the contract by theAgency / firm. The Client shall have the fullest liberty without affecting thisguarantee, to postpone from time to time the exercise of any powersvested in them or of any right which they might have against the Client andto exercise the same at any time in any manner, and either to enforce or toforebear to enforce any covenants, contained or implied, in the Contractbetween the Client and the Agency / firm any other course or remedy orsecurity available to the Client. The bank shall not be relieved of itsobligations under these presents by any exercise by the Client of its libertywith reference to the matters aforesaid or any of them or by reason of anyother act or forbearance or other acts of omission or commission on thepart of the Client or any other indulgence shown by the Client or by anyother matter or thing whatsoever which under law would but for thisprovision have the effect of relieving the Bank.

The Bank also agrees that the Client at its option shall be entitled toenforce this Guarantee against the Bank as a principal debtor, in the firstinstance without proceeding against the Agency / firm and notwithstandingany security or other guarantee that the Client may have in relation to theAgency / firm’s liabilities.

Notwithstanding anything contained herein above our liability under thisguarantee is limited to _______ and it shall remain in force upto and

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including ______________ @ ________ and shall be extended from timeto time for such period (not exceeding one year), as may be desired byM/s. ________________ on whose behalf this guarantee has been given.

Dated this __________________ day of _____________ 19______ at____________________________

WITNESS___________________________________________________ (Signature) (signature)___________________________________________________ (Name) (Name)

___________________________________________________

____________________________________________________ (Official Address) Designation (withBank stamp)

Attorney as per Power of Attorney No. _______________Dated ___________________

Strike out, whichever is not applicable.

Note 1: The stamp papers of appropriate value shall be purchased inthe name of bank who issues the “Bank Guarantee”.

Note 2: The bank guarantee shall be from a Nationalized Indian Bankor reputed foreign Commercial Bank acceptable to client for ForeignAgency / firm. Bank guarantee furnished by Foreign agency / firmshall be confirmed by any Nationalized Bank in India.

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CONTRACT FORM

THIS CONTRACT AGREEMENT is made the [insert: number] day of[insert: month], [insert: year] BETWEEN [insert: Name of Purchaser], a[ insert: description of type of legal entity], for example, an agency of theMinistry of…………….of Government of [ insert: country of Purchaser], orcorporation incorporated under the laws of [ insert: country of Purchaser],and having its principal place of business at [ insert: address ofPurchaser], (hereinafter called “the Purchaser”), and [insert: name ofSupplier], a corporation incorporated under the laws of [ insert: country ofSupplier] and having its principal place of business at [ insert: address ofSupplier], (hereinafter called “the Supplier”). WHEREAS the Purchaserinvited bids for certain Goods/ stores and ancillary services viz, [insert:brief description of Goods/ stores and Services] and has accepted a bid bythe Supplier for the supply of those goods/ stores and services in the sumof [insert: contract price in the words and figures] (hereinafter called “theContract Price”).

NOW THIS AGREEMENT WITNESSTH AS FOLLOWS:

1. In this Agreement words and expressions shall have the samemeanings as are respectively assigned to them in the Condition ofContract referred to.

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2. The following documents shall constitute the Contract between thePurchaser and the Supplier, and each shall be read and construed as anintegral part of the Contract: (a) This Contract Agreement (b) Special Condition of Contract © General Condition of Contract (d) Technical Requirements (including Functional Requirements andImplementation Schedule) (e) The Supplier‟s bid and original Price Schedules (f) The Schedule of Requirements (g) The Purchaser‟s Notification of Award (h) [ Add here: any other documents] 3. In consideration of the payments to be made by the Purchaser to the

Supplier as hereinafter mentioned, the Supplier hereby covenants with the

Purchaser to provide the Goods/ stores and Services and to remedy

defects therein in conformity in all respects with the provisions of the

Contract.

The purchaser hereby covenants to pay the Supplier in consideration of

the provision of the Goods/ stores and Services and the remedying of

defects therein, the Contract Price or such other sum as may become

payable under the provisions of the Contract at the times and in the

manner prescribed by the Contract.

. Sl NO.

BRIEF DESCRIPTION OFGOODS/STORES

QUANTITY TO BE SUPPLIED

UNIT PRICE

TOTAL PRICE

DELIVERY TERMS

TOTAL VALUE:

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DELIVERY SCHEDULE:

For and on behalf of the Purchaser Signed:_____________ in the capacity of [ insert: title or other appropriatedesignation] in the presence of ____________________ For and on behalf of the Supplier

Signed: _______________ in the capacity of [ insert: title or other appropriate designation] in the presence of __________________

CONTRACT AGREEMENT

date the [insert: number] day of [insert: month], [insert: year] BETWEEN [insert: name of Purchaser], “ the Purchaser” and [ insert: name of Supplier], “the Supplier”

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