tender for battery rate contract - bank of india for battery... · said tender fee, ... earnest...

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Relationship beyond banking DEHRADUN ZONE Bank of India Zonal Office, Information Technology Department, Shri Mahaveer Towers,Near St. Judes Chowk, Shimla Bypass, Sevla kalan, DEHRADUN (UK) -248171 Phone No.: 0135-2640052; 2640050 E-Mail: [email protected] Website: http://www.bankofindia.co.in Ref. No. BOI/DDNZO/IT/RKG/2017-18/001 Date:- 05.07.2017 TENDER NOTICE OF RATE CONTRACT FOR Replacement of old Batteries under buy back scheme Work Last Date of Submission of tender Opening Date Of tender EMD (Earnest Money Deposit) Cost of Tender Proposal Replacement of SMF Batteries from old batteries under buy back scheme 18.07.2017 before 1100 hours 18.07.2017 at 1500 hours Rs.25,000/- in favor of “Bank of India”in the for of TDR, BG or DD/PSI Rs. 500/- (Rupees Five Hundred Only) DD/PO in favor of “Bank of India” drawn at DEHRADUN which is non-refundable. Bank inviting sealed price bids from manufacturers, authorized distributors/ dealers/franchise/channel partners for the supply of New Sealed Maintenance batteries replacing old batteries installed at different branches, under rate contract valid up-to 31.07.2018, for our different Branches at various center of DEHRADUN Zone. 2. In this regard, a three envelopes bidding Procedure [(1) Technical Proposal + Bidder Qualification Proposal + Sealed Sign Tender Document; (2) Price Proposal and (3) Tender Fee + Earnest Money Deposit] in separate envelopes has to be adopted. The Technical Proposal envelope should not contain any financial terms like cost of Batteries. The following points/terms are to be noted carefully:- a) Price rate should be uniformly applicable for branches irrespective of their location. Any bidder quoting different rates for different district/place will automatically be disqualified. b) The instructions for Bidder is mentioned in Annexure D. Bidders are requested to go through the Annexure –D and submit FORM-7 to FORM-15 in Bidder Qualification Proposal along with a Demand Draft (drawn in favour of Bank of India) of Rs. 500/- towards non- refundable tender fee. c) Technical specifications of the equipment offered (against the requirements specified) as well as the Technical Details (in the prescribed format) should be furnished along with the Bid, for all the standard and optional items if any offered. Otherwise the offer would be treated as Non-responsive. d) Detailed product brochures, catalogues, technical literature, system/reference manuals, instruction booklets and all supporting documentation (in the English language) specific to the make/model(s) of the equipment (whether standard or optional) offered

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Relationship beyond banking

DEHRADUN ZONE

Bank of India Zonal Office, Information Technology Department, Shri Mahaveer Towers,Near St. Judes Chowk, Shimla Bypass, Sevla kalan, DEHRADUN (UK) -248171 Phone No.: 0135-2640052; 2640050 E-Mail: [email protected] Website: http://www.bankofindia.co.in

Ref. No. BOI/DDNZO/IT/RKG/2017-18/001 Date:- 05.07.2017

TENDER NOTICE OF RATE CONTRACT FOR

Replacement of old Batteries under buy back scheme

Work Last Date of Submission of tender

Opening Date

Of tender

EMD (Earnest Money Deposit)

Cost of Tender Proposal

Replacement of

SMF Batteries

from old

batteries under

buy back

scheme

18.07.2017

before 1100

hours

18.07.2017

at

1500 hours

Rs.25,000/- in

favor of “Bank

of India”in

the for of TDR,

BG or DD/PSI

Rs. 500/- (Rupees

Five Hundred Only)

DD/PO in favor of

“Bank of India”

drawn at DEHRADUN

which is non-refundable.

Bank inviting sealed price bids from manufacturers, authorized distributors/

dealers/franchise/channel partners for the supply of New Sealed Maintenance batteries

replacing old batteries installed at different branches, under rate contract valid up-to

31.07.2018, for our different Branches at various center of DEHRADUN Zone.

2. In this regard, a three envelopes bidding Procedure [(1) Technical Proposal

+ Bidder Qual i f icat ion Proposal + Sealed S ign Tender Document; (2) Price

Proposal and (3) Tender Fee + Earnest Money Deposit] in separate envelopes has to

be adopted. The Technical Proposal envelope should not contain any f inancial

terms like cost of Batteries.

The following points/terms are to be noted carefully:-

a) Price rate should be uniformly applicable for branches irrespective of their location. Any

bidder quoting different rates for different district/place will automatically be disqualified.

b) The instructions for Bidder is mentioned in Annexure –

D. Bidders are requested to go

through the Annexure –D and submit FORM-7 to FORM-15 in Bidder Qualification Proposal

along with a Demand Draft (drawn in favour of Bank of India) of Rs. 500/- towards non-

refundable tender fee.

c) Technical specifications of the equipment offered (against the requirements specified) as

well as the Technical Details (in the prescribed format) should be furnished along with the

Bid, for all the standard and optional items if any offered. Otherwise the offer would be

treated as Non-responsive.

d) Detailed product brochures, catalogues, technical literature, system/reference manuals,

instruction booklets and all supporting documentation (in the English language) specific to

the make/model(s) of the equipment (whether standard or optional) offered

should be submitted along with the offer. Otherwise the offer would be treated as Non-

responsive.

e) Price rate should be inclusive of all taxes/charges. No additional delivery charge would be

payable. Lowest bidder will be selected on the basis of buy back adjusted net price rate for

each type of battery.

f) Order will be placed as and when demand arises. Price rate would uniformly be applicable

irrespective of quantities ordered. The price rate/contract rate would be remain fixed up to

31.07.2018. No increase of price for whatever reasons will not be entertained. However, in

the event of downward revision of price/ tax/cess, Bank would have the right to avail of the

reduced price rate.

g) All bidders will have to submit, along with their offer, a Demand Draft / Pay Order (drawn in

favour of Bank of India) of Rs. 500/- towards non-refundable tender fee. Any bid without the

said tender fee, will automatically be disqualified/ rejected. Vendors also submit authorized

dealership/ franchise/ channel partnership/ distributorship certificate issued by the

manufacturer for supply of batteries which they have quoted in tender which is to valid up to

31.07.2018.

h) The bidders will have to deposit Rs.25,000.00 in the form of TDR (in favor of Bank of India)

valid up to 31.07.2018 or submit a Bank Guarantee of equivalent amount valid up to

31.07.2018 or Demand Draft / Payslip Favouring “Bank Of India” payable at DEHRADUN,

EMD(Earnest Money Deposit) for ensuring proper supply of batteries till

expiry of contract/tender which will be refunded on expiry of contract.

Any bid without the said EMD, will automatically be disqualified/rejected. EMD

will return to bidder(s) who will not qualify in

final allotment of this request proposal/tender.

i) The bidder must have a registered office in DEHRADUN (Documentary evidence to be

submitted) Address & Landline Number of Bidder Office should be clearly mentioned.

j) Sealed request proposal/ bid/tender marked with “ Replacement of Batteries from old

batteries under buy back scheme” with all pertinent details and as per above prescribed

format must be submitted on or before 18.07.2017 before 1100 hours at our Zonal Office,

DEHRADUN at the following address

Bank of India Zonal Office, Information Technology Department, Shri Mahaveer Towers,Near St. Judes Chowk, Shimla Bypass, Sevla kalan, DEHRADUN (UK) -248171 Phone No.: 0135-2640052; 2640050

k) Bank reserves the right to accept or reject in part or full any or all the offers without

assigning any reasons thereof.

l) The tender/ sealed bid will open on 18.07.2017 at 1500 hours at Zonal Office,

Conference Hall.

(Arvind Kumar)

Zonal Manager

Enclose: As Above

DISCLAIMER

The information contained in this Request for Proposal (RFP) document or information

provided subsequently to bidder(s) or applicants whether verbally or in documentary form

by or on behalf of Bank of India (Bank), is provided to the bidder(s) on the terms and

conditions set out in this RFP document and all other terms and conditions subject

to which such information is provided.

This RFP is neither an agreement nor an offer and is only an invitation by Bank to the

interested parties for submission of bids. The purpose of this is to provide the bidder(s)

with information to assist the formulation of their proposals. This RFP does not claim to

contain all the information each bidder may require. Each bidder should conduct its own

investigations and analysis and should check the accuracy,reliability and completeness of the

information in this RFP and where necessary obtain independent advice. Bank makes no

representation or warranty and shall incur no liability under any , statute, rules or regulations

to the accuracy, reliability or completeness of this RFP. Bank may in its absolute discretion,

but without being under any obligation to do so, update, amend or supplement the

information in this RFP.

Page 3 of 47

Annexure–A

Instructions to Bidders

PLEASE NOTE: The original Bid shall be typed or written in indelible ink and shall be

signed by the Bidder or a person or persons duly authorized to bind the Bidder to the

Contract. The person or persons signing the Bids shall initial all pages of the Bids, at

the lower right hand corner with ink and sealed using company seal in ink.

The proposal shall be submitted in three separate envelopes - Part I covering the

Technical, Commercial (except equipment price charges) and qualification aspects

hereinafter referred to as “Technical Proposal + Bidder Qualification Proposal

+ Sealed Sign Tender Document”, Part II covering only the price schedules

hereinafter referred to as the “Price Proposal” Part III covering the as “Tender

Fee + Earnes t Money Depos i t ” , EMD (in form of TDR or BG valid upto

31.07.2017 or DD/PSI in favor of “Bank of India” payable at DEHRADUN.) and Bidder

Qualification Forms as “Bidder Qualification Proposal”, the three parts should be

in three separate covers, each super-scribed with the name of the Project

(Replacement of Batteries from old batteries under buy back scheme) as well as

“Technical Proposal + Bidder Qualification Proposal + Sealed Sign Tender

Document ”, “Price Proposal” and “Tender Fee + Earnest Money Deposit”

as the case may be.

Document comprising the Tender Fee + Earnest Money Deposit Proposal, should: Non Refundable DD/PO of Rs. 500/- in favor of “Bank of India” payable at

DEHRADUN towards Tender Fee. (kept in Envelope subscribe at TOP as “Tender Cost”

inside Bidder Qualification Proposal Packet). Earnest Money Deposit of Rs.25,000/- in form of TDR or BG or DD/PSI in favor

of Bank of India valid upto 31.07 .2018. (kept in Envelope subscribe at TOP as

“Earnest Money Deposit” inside Bidder Qualification Proposal Packet).

Document comprising the Technical Proposal + Bidder Qualification Proposal +

Sealed Sign Tender Document, should: Technical Specification (Form 1 +Form 1(a)) with its pamphlet Sealed Sign of Tender document Bidder Qualification Proposal with all necessary form

Document comprising the Price Proposal, should: Form 2 Price Schedule (Form 3)

Be accompanied by duly filled in all Proposal Forms the forms must be duly signed by the

vendor;

Any Proposal without Tender Fee will be rejected.

Any Technical Proposal containing any price information will be rejected.

Page 4 of 47

Documents comprising price proposal envelope should be:

Full price schedule of the Goods and/or System and/or services (FORM-3)

Each copy of the proposal should be in two parts, as mentioned below.

The vendors shall seal the “Technical Proposal” and “Price Proposal” separately and the

same shall be addressed to the Bank at the address given and bear the name:

Replacement of Batteries from old batteries under buy back scheme

Proposals must be received by the Bank at the address specified, not later than the date &

time specified in proposal.

1. Eligible Bidders

1.1 All bidders who qualify for the bidding process including Government-owned enterprises in

India may participate only if they are legally and financially autonomous and if they operate

under commercial law.

2. Eligible Goods and Services

2.1 All goods and related services to be supplied by the vendors shall have their origin in eligible

source countries, as per the prevailing Import Trade Control Regulations in India.

2.2 For purposes of this clause, “origin” means the place where the goods are produced, or the

place from which the related services are supplied. Goods are produced when, through

manufacturing, processing or substantial and major assembly of components, a commercially-

recognized product results that is substantially different in basic characteristics or in purpose

or utility from its components.

2.3 The origin of goods and services is distinct from the nationality of the Bidder.

3. Cost of Bidding

3.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid, and

the Bank will in no case be responsible or liable for these costs, regardless of the conduct or

outcome of the Bidding process.

4. Content of Bidding Documents

4.1 The goods required, Bidding procedures, and contract terms are prescribed in the Bidding

Documents. In addition to the Bid Invitation, the Bidding Documents include:

a) Instructions for Bidders (IFB)

b) Terms & Conditions of Purchase Contract (TCC)

c) Technical Specifications of SMF Batteries

d) Bid Form

e) Forms as per specimen

4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the

Bidding Document. Failure to furnish all information required by the Bidding Document or to

submit a Bid not substantially responsive to the Bidding Document in every respect will be at

the Bidder’s risk and may result in the rejection of its Bid.

Page 5 of 47

5. Clarification of Bidding Document

5.1 A prospective Bidder requiring any clarification of the Bidding Document may notify the Bank

in writing or by cable (i.e. the term cable include email and fax) at the address indicated in

Bid Invitation. The Bank will respond in writing to any request for clarification of the Bidding

Document, which it receives no later than six (6) days prior to the deadline for the

submission of Bids prescribed in Bid Invitation. Written copies of the Bank’s response

(including an explanation of the query but without identifying the source of inquiry) will be

sent to all prospective Bidders who have received the Bidding Document.

5.2 All prospective Bidders that have downloaded the bidding Document from the website will

have to note the clarifications to the queries received, if any, from our web site and the said

clarifications would be binding on them

6 Technical Inspection and Performance Evaluation

Bank reserves its right to carry out technical specification and performance evaluation

(benchmarking) provided for

7. Amendment of Bidding Document

7.1 At any time prior to the deadline for submission of Bids, the Bank, for any reason, whether,

at its own initiative or in response to a clarification requested by a prospective Bidder, may

modify the Bidding Document, by amendment. Such amendment will also be put on our web-

site.

7.2 All prospective Bidders that have received the Bidding Document will be notified of the

amendment in writing, by fax or E-mail and the said amendments will be binding on them.

7.3 All prospective Bidders that have downloaded the Bidding Document from the website will

have to note the amendments from our web-site and the said amendments will be binding on

them.

7.4 In order to allow prospective Bidders reasonable time in which to take the amendment into

account in preparing their Bids, the Bank, at its discretion, may extend the deadline for the

submission of Bids.

Preparation of Bids

8. Language of Bid

8.1 The Bid prepared by the Bidder, as well as all correspondence and documents relating to the

Bid exchanged by the Bidder and the Bank and supporting documents and printed literature

shall be written in English or Hindi.

9. Documents Comprising the Bid

9.1 The Bid prepared by the Bidder shall comprise all the formats.

(a) Bid application

(b) Documentary evidence establishing that the Bidder is eligible to Bid and is qualified

to be empanelled.

(c) Documentary evidence establishing that the goods and ancillary services to be

supplied by the Bidder are eligible goods and services and conform to the Bidding

Document; and

Page 6 of 47

10. Bid Form

10.1 The Bidder shall complete the Bid Form in all respects

11. Qualification Requirement of the Bidder:

11.1

a) The bidder has a permanent office in DEHRADUN.

b) The bidder should be an established manufacturer/ authorized distributor for the above

goods and have service center(s) in DEHRADUN. The bidder should be a profit

making company/firm during the last 2 years with an annual turnover of Rs.50

Lakh or above, each for the last 2 years, out of Indian Operations, from sale of

goods indicated above. The Bidder should have a valid VAT/ST/CST/Service

Tax registration number and PAN/TAN for the Bidder Company/firm. c) The bidder should offer a reputed brand/make, which is in successful operation for last 3

year. The brand/ model must meet with minimum desired specifications stipulated.

d) The bidder should submit to the Bank, latest Solvency Certif icate, in original,

issued during the last 12 months, certifying that the Bidder is solvent to the

extent of Rs.50 Lakh or more. The original solvency certificate will be returned after

verification, if required by the Bidder.

e) In the case of a Bidder offering to supply goods, which the Bidder did not manufacture or

otherwise produce, the Bidder has to be an authorized dealer appointed by the

manufacturer, rendering sales/services support for at least 3 years. The bidder must

submit the agreement copy of service support for quoted

brand/model/product between Manufacturer and Bidder. The Bidder also has

to additionally submit manufacturer’s Authorizat ion Form (as per Form 13)

given in the Bid. The bidder has adequate, specialized expertise to ensure that the

support services are responsive and the Bidder will assume total responsibility for the

fault free operation and maintenance during the warranty period and provide necessary

maintenance services in meanwhile or after expiry of warranty.

f) The bid has to be accompanied by an Earnest Money Deposit (EMD of

Rs.25,000/- (Rupees Fifty Thousand Only) in form of a TDR/ BG /DD/PSI in

favor of Bank of India, drawn at DEHRADUN valid upto 31.07.2018 for ensuring

Timely supply of equipment only which will be refunded after 31.07.2018. The

EMD would be refunded to all the unsuccessful Bidders within 2 weeks from

finalization of the tender outcome. The EMD (which is refundable) would be

refundable to the successful bidder after expiry of tender contract as per TCC

Clause only.

11.2 The Bidder should furnish:

a) Service support facilities (Details of Facilities to be submitted as per Form 11). The bidder

should have a service support center(s) in DEHRADUN.

b) The bidder should clearly confirm that all facilities exists in his factory/service

centers/business premises for inspection and testing and these will be made available to

the Bank or its representative for inspection.

12. Format and Signing of Bid

12.1 The original Bid shall be typed or written in indelible ink and shall be signed by the Bidder or

a person or persons duly authorized to bind the Bidder to the Contract. The person or

persons signing the Bids shall initial all pages of the Bids, at the lower right hand corner with

ink and sealed using company seal in ink.

12.2 Any interlineations, erasures, or overwriting shall be valid only if they are initialed by the

person signing the Bids.

Page 7 of 47

13. Submission of Bids

The offers must be submitted in separate sealed covers as under:

If the envelopes are not sealed and marked, the Bank will assume no responsibility for the

Bid’s misplacement or its premature opening.

Technical Bid

a) Technical bid as per Form -7.

b) The Technical Bid containing specifications asked by us, offered by you and the

deviations if any. This proposal should not contain any prices, failing which the

Technical Bid will be rejected.

c) Manufacturer’s Authorization as Form -13.

d) Service Support Details as per Form -11.

The Following information should be furnished along with the technical bid by means of

printed technical brochures. Make and model number of the item(s) quoted for (Only one Model allowed) Specifications of the items asked along with technical specification.

It is mandatory to provide the technical details in the exact format of Technical Details Column given

in the technical specifications. The Technical Bid may not be evaluated by the Bank of India in case of

non- adherence to the format or partial submission of technical details as per the format given in the

tender. Bank of India will not allow/permit changes in the technical specifications once it is submitted.

The relevant product information, brand and model number offered, printed product brochure,

technical specification sheets etc. should be submitted along with the Technical Bid. Failure to submit

this information could result in disqualification.

Commercial Bid

Commercial bid may contain only the commercial terms. The prices quoted should be as per Form-IV

and should be valid upto 31.03.2013 from the date of opening of Commercial Bids. Price quoted must

be unqualified.

Earnest Money Deposit (EMD)

The Earnest Money Deposit has to be enclosed along with Tender Fee in a separate third envelop

marked as “Tender Fee + Earnest Money Deposit”

Price of Bidding Document

Price of Bidding Document (only for those vendors who have downloaded the tender/bid document

through web site).

All the envelopes must be super-scribed with the following information: Technical Bid / Commercial Bid / Earnest Money Deposit / Price of Bidding Document (as the

case may be) Tender Reference Number Due Date Name of Vendor with Telephone / Mobile No. and E-mail address

The offer should be complete in all respects and contain all the required information. The offer should

include all specifications asked for in Minimum Desired Technical Specifications -Annexure C. The

offer should contain all the technical literature related with technical information. The

offer should be complete to indicate that all products and services asked for are quoted. The offers containing erasures or alterations may be liable for rejection at the discretion of the Bank.

Hand written corrections or alterations shall be valid only if the person signing the Bid document signs

them. Technical details must be completely filled up. Correct technical information of the product

being offered must be filled in.

Page 8 of 47

Fi l l ing up of the information using terms such as “OK”,“accepted”, “noted”, “as given in

brochure/manual” is not acceptable.

Bank of India may treat offers not adhering to these guidelines as unacceptable.

14. Deadline for submission of Bids

14.1 Bids must be submitted to the Bank at the specified address, not later than the date and time

specified in Bid Invitation.

14.2 The Bank may, at its discretion, extend this deadline for the submission of Bids by amending

the Bid documents, in which case, all rights and obligations of the Bank and Bidders

previously subject to the deadline will thereafter be subject to the deadline as extended.

15. Late Bids

15.1 Any Bid received by the Bank after the deadline for submission of Bids prescribed, will be

rejected and returned unopened to the Bidder.

16. Offer Validity Period

The offer should hold good for a period upto 31.07.2017 from the opening date of the

commercial bids.

17. Modification and Withdrawal of Bids

17.1 The Bidder may modify or withdraw its Bid after the Bid’s submission, provided that written

notice of the modification, including substitution or withdrawal of the Bids, is received by the

Bank, prior to the deadline prescribed for submission of Bids.

17.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and

dispatched. A withdrawal notice may also be sent by Fax/telegram, but followed by a signed

confirmation copy, postmarked not later than the deadline for submission of Bids.

17.3 No Bid may be modified after the deadline for submission of Bids.

17.4 No Bid may be withdrawn in the interval between the deadline for submission of Bids and the

expiration of the period of Bid validity specified by the Bank.

18. Opening of Bids by the Bank

18.1 The Bank will open all Bids in the presence of Bidders’ representatives who choose to attend, at

the time, on the date, and at the place specified in the Bid invitation. The Bidders’

representatives who are present shall sign a register evidencing their attendance.

18.2 The Bidder’s names, Bid modifications or withdrawals and such other details as the Bank, at its

discretion, may consider appropriate, will be announced at the opening. No Bid shall be

rejected at Bid opening, except the late Bids, which shall be returned unopened to the Bidder.

18.3 Bids (and modifications sent) that are not opened at Bid opening shall not be considered further

for evaluation, irrespective of the circumstances. Withdrawn bids will be returned unopened to

the Bidders.

18.4 For the purpose of evaluation, the total price quoted should include cost of the Batteries with 3

years‟ warranty (including all taxes) after subtracting the cost old batteries.

Page 9 of 47

19. Clarification of Bids

19.1 During evaluation of the Bids, at its discretion, may ask the Bidder for clarification of its bid.

The request for clarification and the response shall be in writing, and no change in the

substance of the Bid shall be sought, offered or permitted.

20 Preliminary Examination

20.1 The Bank will examine the Bids to determine whether they are complete, the documents have

been properly signed, and the Bids are generally in order.

20.2 The Bank may, at its sole discretion, waive any minor infirmity, nonconformity, or

irregularity in a Bid which does not constitute a material deviation, provided such waiver does

not prejudice or affect the relative ranking of any Bidder.

20.3 Prior to the detailed evaluation, the Bank will determine the substantial responsiveness of

each Bid to the Bidding Document. For purposes of these Clauses, a substantially responsive

Bid is one which conforms to all the terms and conditions of the Bidding Document without

material deviations. Deviations from, or objections or reservations to critical provisions, such

as Performance Security, Applicable Law, Validity period of the price quotation, Qualification

Criteria, Warranty and Force Majeure will be deemed to be a material deviation. The Bank’s

determination of a Bid’s responsiveness is to be based on the contents of the Bid itself,

without recourse to extrinsic evidence. The Bank would also evaluate the bids on technical

parameters including possible visit to inspect Bidder’s/Supplier’s manufacturing facilities and

quality control facilities The systems at the site may be selected on a random basis or as

may be decided by the Bank, to conduct these tests.

20.4 If a Bid is not substantially responsive, it will be rejected by the Bank and may not

subsequently be made responsive by the Bidder by correction of the nonconformity.

20.5 Commercial Bids of only those vendors who are technically compliant would be considered for

further evaluation. The lowest total unit price indicated in the price schedule (Form IV) by the

technically compliant vendor would determine the successful Bidder (L 1 Vendor).

21. Contacting the Bank

21.1 No Bidder shall contact the Bank on any matter relating to its Bid, from the time of opening of

Bid to the time a communication in writing about its empanelment or otherwise is received

from the Bank.

21.2 Any effort by a Bidder to influence the Bank in its decisions on Bid evaluation, Bid comparison

or empanelment, may result in the rejection of the Bidder’s Bid.

22. Bank’s Right to Accept Any Bid and to reject any or All Bids 22.1 The Bank reserves the right to accept or reject any Bid, and to annul the Bidding process and

reject all Bids at any time prior to empanelment, without thereby incurring any liability to the

affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the

grounds for the Bank’s action.

23. Repeat Orders

23.1 Bank reserves the right to place a repeat order on the vendor on the same terms and

conditions for all or some of the UPS capacities asked for within a period of 31.07.2017 from

the date of opening of commercial bid.

24. Signing of Contract 24.1 At the same time as the Bank notifies the successful Bidder that his Price Quotation has been

accepted, the Bank will send the Bidder the Contract Form incorporating all terms of Purchase

Contract

24.2 Within seven (7) days of receipt of the Contract Form, the successful Bidder shall sign and

date the Contract and return it to the Bank.

Page 10 of 47

ANNEXURE- B

Terms and Conditions of Contract (TCC)

These Terms and Conditions, printed on company’s letterhead duly signed by

the authorized representative of the vendor will form the part of the documents

to be submitted. Empanelled vendors will be bound by these Terms and

Conditions at the time of participating in the tender process for supply of the

hardware/equipments.

These terms and conditions are generic in nature, which have been mentioned

for the knowledge of the bidders and are subject to change at the sole

discretion of the bank.

11 Definitions

1.1. In this Contract, the following terms shall be interpreted as indicated:

a) “The Goods” means all of the equipment, machinery, and/or other materials which the

Supplier is required to supply to the Bank;

b) “The Bank “ means the Bank of India;

c) The “Services” means those services ancillary to the supply of the Goods, such as

transportation and insurance, and any other incidental services, such as installation,

commissioning, provision of technical assistance, training and other such obligations of

the supplier covered under the purchase contract.

d) “TCC” means the Terms and Conditions of Contract contained in this section.

e) The “Supplier” or the “Vendor” means the individual or firm supplying or intending to

supply the Goods and Services under this Contract; and the “Project Site” means various

branches/administrative offices of Bank of India.

2 Country of Origin

2.1 All goods and related services to be supplied under the contract shall have their origin in

eligible source countries, as per the prevailing Import Trade Control Regulations in India.

2.2 For purposes of this clause, “origin” means the place where the goods are produced, or the

place from which the related services are supplied. Goods are produced when, through

manufacturing, processing or substantial and major assembly of components, a

commercially-recognized product results that is substantially different in basic characteristics

or in purpose or utility from its components.

3 Standards

3.1 The Goods supplied under this Contract shall conform to the standards mentioned in the

Technical Specifications, and, when no applicable standard is mentioned, to the authoritative

standards appropriate to the Goods country of origin. Such standards shall be the latest

issued by the institution concerned.

4 Use of Contract Documents and Information

4.1 The supplier shall not, without the Bank’s prior written consent, disclose the contract, or any

provision thereof, or any specification, plan, drawing, pattern, sample or information

furnished by or on behalf of the Bank in connection therewith, 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 as far as

may be necessary for purposes of such performance.

4.2 The supplier shall not, without the Bank’s prior written consent, make use of any document

or information enumerated in this document except for purposes of performing the Contract.

4.3 Any document, other than the contract itself, shall remain the property of the Bank and shall

be returned (in all copies) to the Bank on completion of the Supplier’s performance

under the contract, if so required by the Bank.

Page 11 of 47

5 Patent Rights

5.1 The Supplier shall indemnify the Bank against all third-party claims of infringement of license

agreement, patent, trademark, or industrial design, intellectual property or copy rights etc.

arising from use of the Goods or any part thereof in India.

6 Performance Security

6.1 Within 7 days of the award of Purchase order, the Supplier shall furnish to the

Bank, the performance security for an amount equivalent of amount of advance valid up to

30 days after the date of completion of performance obligations including warranty

obligations. Provided that the Bank may, having regard to the value and/or nature of

the goods of the purchase contract and, at its sole discretion, waive the performance

guarantee.

6.2 The Bank shall be at liberty to set off/adjust the proceeds of the performance security

towards the loss, if any, sustained due to the supplier’s failure to complete its obligations

under the contract. This is without prejudice to the Bank’s right to proceed against the

supplier in the event of the security being not enough to fully cover the loss/damage.

6.3 The Performance Security shall be denominated in Indian Rupees and shall be in one of the

following forms:

Bank guarantee issued by a reputable bank in India, acceptable to the Bank favoring

“Bank of India”.

6.4 The performance security will be discharged by the Bank and returned to the Supplier not

later than thirty (30) days following the date of completion of the Supplier’s performance

obligations under the Contract, including any warranty or obligations under the

contract.

6.5 In the event of any contract amendment, the Supplier shall, within 7 days of receipt of such

amendment, furnish the amendment to the Performance Security, rendering the same valid

for the duration of the Contract, as amended for further period of 30 days thereafter. In the

event of any correction of defects or replacement of defective equipment during the warranty

period, the warranty for the corrected / replaced equipment shall be extended to a further

period of 1 month.

The performance guarantee for a proportionate value shall be extended by 30 days over and above

the extended warranty period.

7 Inspection and Quality Control Tests

7.1 Inspection and Quality Control tests before evaluation, prior to shipment of Goods and at the

time of final acceptance are as follows:

Inspection of Goods as per quality control formats including functional testing,

burning tests and mains fluctuation test at full load, facilities etc., as per the

standards may be done at factory site of the Supplier before award of the Purchase

Contract, by the Bank / Bank’s Consultants;

Provided that the Bank may, at its sole discretion, waive inspection of goods having

regard to the value of the order and/or the nature of the goods and/or any other

such basis as may be decided at the sole discretion of the Bank meriting waiver of

such inspection of goods.

The inspection of the Goods is to check whether the Goods are in conformity with the

technical specifications mentioned in the Invitation for Quotation or the Quotation

submitted by the Supplier. The Supplier will dispatch the goods to the ultimate

consignee after internal inspection/testing along with the Supplier’s inspection report,

manufacturer’s warranty certificate. The Bank / Bank’s Consultants may also carry out pre-

dispatch inspection. In such a case, the entire cost of such inspection, including the board,

lodging, raveling, incidental expenses of the Bank’s representatives and/or Consultants,

shall totally be borne by the Supplier, for the complete duration of the inspection.

Successful conduct and conclusion of pre-dispatch inspection shall be the sole responsibility

of the Supplier;

Page 12 of 47

Also, the Bank will test the equipment after completion of the installation and

commissioning at the site of the installation (for site preparation, the Supplier should

furnish all details to the Bank sufficiently in advance so as to get the works completed

before receipt of the equipment). Complete hardware and software should be supplied,

installed and commissioned properly by the Supplier prior to commencement of performance

tests;

The acceptance test will be conducted by the Bank /Bank’s Consultants or any other

person nominated by the Bank, at its option. The acceptance will involve trouble-free

operation for a period to be decided by the Bank, but not exceeding seven consecutive days.

There shall not be any additional charges for carrying out acceptance tests. No malfunction,

partial or complete failure of any part of hardware or excessive heating of motors attached

to printers, drivers etc. or bugs in the software should occur. All the software should be

complete and no missing modules/sections will be allowed. The Supplier shall maintain

necessary log in respect of the results of the tests to establish to the entire satisfaction of

the Bank, the successful completion of the test specified. An average uptime efficiency of

98% for the duration of test period shall be considered as satisfactory;

Provided that the Bank may, at its discretion, require the Supplier to devise and

conduct the acceptance test, at his own cost, in the presence of Bank’s

representative(s) to establish to the satisfaction of the Bank that the

configuration/performance of the goods supplied are in conformity with the

specifications laid down in the purchase contract.

In the event of the hardware and software failing to pass the acceptance test, a

period not exceeding two weeks will be given to rectify the defects and clear the acceptance

test, failing which, the Bank reserves the right to get the equipment replaced by the Supplier

at no extra cost to the Bank; and

(i) Successful conduct and conclusion of the acceptance tests for the installed

goods and equipment shall also be the sole responsibility and at the cost of the

Supplier.

7.2 The inspections and quality control tests may be conducted on the premises of the Supplier,

at point of delivery and /or at the Goods’ final destination. If conducted on the premises of

the Supplier, reasonable facilities and assistance, including access to drawings and

production data, shall be furnished to the inspectors, at no charge to the Bank.

7.3 Should any inspected or tested Goods fail to conform to the Specifications, the Bank may

reject the Goods, and the Supplier shall either replace the rejected Goods or make

alterations necessary to meet specification requirements, free of cost, to the Bank.

7.4 Nothing stated hereinabove shall in any way release the Supplier from any warranty or other

obligations under this Contract.

7.5 Manuals and Drawings

7.5.1 Before the goods and equipment are taken over by the Bank, the Supplier shall supply

operation and maintenance manuals together with drawings, wherever applicable, of the

goods. The manuals and drawings shall be in English. Unless and otherwise agreed, the

goods and equipment shall not be considered to be completed for the purpose of

taking over, until such manuals and drawings have been supplied to the Bank.

For the System & Other Software, the following will apply:

The Supplier shall provide complete and legal documentation of hardware, all subsystems,

operating systems, compiler, system software and the other software. The Supplier shall

also provide licensed software for all software products, whether developed by it or acquired

from others. The Supplier shall also indemnify the Bank against any levies/penalties on

account of any default in this regard.

Page 13 of 47

7.7 Acceptance Certificates

On successful completion of acceptability test, receipt of deliverables, etc., and after the

Bank is satisfied with the working on the system, the acceptance certificate signed by the

Supplier and the representative of the Bank will be issued. The date on which such

certificate is signed (unless otherwise provided for) shall be deemed to be the date of

successful commissioning of the systems.

Training shall be conducted on the dates mutually agreed up on and within two months from

the date of acceptance of supply.

8. Packing

8.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage

or deterioration during transit to their final destination. The packing shall be sufficient to

withstand, without limitation, rough handling during transit and exposure to extreme

temperatures, salt and recipitation during transit and open storage. Size and weights of

packing case shall take into consideration, where appropriate, the remoteness of the Goods’

final destination and the absence of heavy handling facilities at all points in transit.

8.2 Packing Instructions: The Supplier will be required to make separate packages for each

Consignee. Each package will be marked on three sides with proper paint/indelible ink with

the following:

(i) Contract No.; (ii) Supplier’s Name; (iii) Consignee’s Name (iv) Packing List Reference

number.

9. Delivery and Documents

9.1 Delivery of the Goods shall be made by the Supplier within 3-4 days for batteries

replacement under buy back scheme from the date of purchase Order issued. The

details of shipping and/or other documents to be furnished by the Supplier are specified

hereunder: 3 copies of Supplier’s invoice showing contract number, goods description,

quantity, unit price and total amount; Delivery note, Railway receipt or acknowledgement of receipt of goods

from the Consignee or in case of goods from abroad, original and two

copies of the negotiable, clean on-board bill of lading marked freight prepaid

and two copies of non-negotiable bill of lading; 2 Copies of packing list identifying contents of each package; Insurance certificate; Manufacturer’s / Supplier’s warranty certificate; Inspection certificate issued by the nominated inspection agency, if any,

and the Supplier’s factory inspection report and Quality Control Test Certificates.

The above documents shall be received by the Bank before arrival of Goods

(except where it is handed over to the Consignee with all documents) and,

if not received, the Supplier will be responsible for any consequent expenses.

10. Insurance

The insurance shall be in an amount equal to 100 % of the value of the Goods from

“Warehouse to final destination” on “All Risks” valid for a period not less than 1 month

after installation and commissioning and issue of acceptance certificate by the Bank. Should

any loss or damage occur, the Supplier shall –

(a)Initiate and pursue claim till settlement, and

(b)Promptly make arrangements for repair and/or replacement of any damaged item/s

irrespective of settlement of claim by the underwriters.

11 Transportation

11.1 Where the Supplier is required under the Contract to transport the Goods to a specified

place of destination within India, transport to such place of destination in India, including

insurance and storage, as shall be specified in the Contract, shall be arranged by

the Supplier, and the related costs shall be included in the Contract Price.

Page 14 of 47

12. Incidental Services

The incidental services to be provided are as under:

a) Performance of on-site assembly and start-up of the supplied computer hardware,

operating system and other software packages;

b) Furnishing of appropriate hardware, device drivers, system design and

programming services required for development and/or maintenance of the supplied

Goods;

c) Even if the hardware is initially purchased for use with particular Operating System(s),

the Bank may, at any future date, use the hardware with any other operating system

and in such cases, the Supplier shall provide the device drivers required for the

hardware components in order for them to function satisfactorily in the new operating

environment. In the event of such device drivers not being available, the Supplier

should substitute the hardware component with another with comparable

performance and having a device driver software for the proposed operating system.

d) Furnishing of a detailed operations and maintenance manual for each appropriate unit

of the supplied goods and equipment;

e) Maintenance, repair and software updates of the supplied Goods for a period of three

years after expiry of the warranty, provided, that this service shall not relieve the

Supplier of any Warranty obligations under this Contract; and

f) Training of the Bank’s personnel at the Supplier’s office or other facility, in the

installation and operation of the computer hardware, utilities and all contracted

software, as specified in TCC Clause 38.

13. Spare Parts

13.1 As specified in the TCC, the Supplier may be required to provide any or all of the following

materials, notifications, and information pertaining to spare parts manufactured or distributed

by the Supplier:

a) Such spare parts as the Bank may elect to purchase from the Supplier, provided, that this

election shall not relieve the Supplier of any warranty obligations under the Contract;

and

b) In the event of termination of production of the spare parts:

i. Advance notification to the Bank of the pending termination, in sufficient time to

permit the Bank to procure needed requirements; and

ii. following such termination, furnishing at no cost to the Bank, the

blueprints, drawings, and specifications of the spare parts, if requested.

iii. The vendor shall stock adequate spares as indented by the Bank at their

respective Zonal Offices to ensure a better uptime, at no cost the bank.

14. Warranty

14.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of the

most recent or current models and that they incorporate all recent improvements in

design and materials. The Supplier further warrants that all Goods supplied under this

Contract shall have no defect, arising from design, materials or workmanship or from any

act or omission of the Supplier that may develop under normal use of the supplied

Goods in the conditions prevailing in India.

14.2 The warranty period for the Batteries on replacement from old/faulty batteries

under buy back scheme having minimum 36 months onsite replacement warranty

from the date of successful installation.

The Supplier shall, in addition, comply with the performance guarantees specified

under the Contract. If, for reasons attributable to the Supplier, these guarantees are not

attained in whole or in part, the Supplier shall, make such changes, modifications, and/or

additions to the Goods or any part thereof as may be necessary in order to attain the

contractual guarantees specified in the Contract at its own cost and expense and to carry

out further performance tests in accordance with TCC Clause 7.

Page 15 of 47

14.3 The Bank shall promptly notify the Supplier in writing of any claims arising under this

warranty

14.4 Upon receipt of such notice, the Supplier shall, with all reasonable speed, in any case not

later than 2 days, repair or replace the defective goods or parts thereof, without cost to the

Bank.

14.5 If the Supplier having been notified, fails to remedy the defect(s) within 2 (two) days from

the of receipt of such notice, the Bank may proceed to take such remedial action as

may be necessary, at the Supplier’s risk and expense and without prejudice to any other

rights which the Bank may have against the Supplier under the Contract.

14.6 If during operation, the real Mean Time between Failures (MTBF) of any piece of equipment

or component thereof does not prove to be within 70% (seventy percent) of the

specified MTBF, the Supplier shall replace the unit of component with another of at

least the same performance and quality, at no cost to the Bank.

14.7 Maintenance Service

14.7.1 Free on-site maintenance services shall be provided by the Supplier during the period of

warranty as well as on Annual Maintenance Period.

14.7.2 The maximum response time for a maintenance complaint (i.e. time required for Supplier’s

maintenance engineers to report to the installations after a request call / telegram / fax /e-

mail is made or letter is written) shall not exceed 3 (Three) hours from the receipt of such

communication in case the service centre is situated at the same location where the

hardware/software are installed and 1 (one) day in other cases. It is expected that the

average downtime of an item will be less than half the maximum downtime (i.e. defined as

number of days for which an item of equipment is not usable because of inability of

the Supplier to repair it) as mentioned in the form of Technical Details. In case an

item is not usable beyond the stipulated maximum downtime the Supplier will be

required to arrange for an immediate replacement of the same till it is repaired. Failure to

arrange for the immediate repair / replacement wi l l be l iable for penalty of

500.00 per day. The amount of penalty will be recovered from Bank guarantee, or

the deposit made by the Supplier, during warranty and/or annual maintenance charges

and/or by lodging a claim against the Supplier, as the case may be. In the event of

Deposit or Bank Guarantee amount not sufficient to set off the liability of the Supplier

under this head the Bank shall be at liberty to proceed against the Supplier for recovery

of the balance as may be advised.

15. Payment

15.1 Payment shall be made in Indian Rupees, in the following manner:

(i) On Delivery: Eighty (90) % of the order value on installation and commissioning of the Battery ordered, and Bank's acceptance of the Battery ordered. Wherever installation could not be carried out by the vendor due to the site not being ready

even after 30 days after the last date for delivery mentioned in the purchase order, the payment would be released upon Vendor’s submission of a certificate from the location concerned, duly signed (with the office-seal affixed) by the Bank’s authorities concerned that site is not ready. In such a case, the Vendor has to give an undertaking to complete installation within a week of being informed that the site is

ready. As already stated, for reasons of delays in installation not attributable to the Bank and/or in the absence of vendor submitting the certificate within the stipulated

period as mentioned herein, the liquidated damages would be levied as stated above;

and

Page 16 of 47

(ii) After expiry of warranty: The remaining ten (10) % of the Contract Price shall

be paid within thirty (30) days after the expiry of warranty or signing of the AMC,

whichever is later.

Or

Against submission of Performance Bank Guarantee of a reputed Bank, acceptable to

the Bank, for an equivalent amount valid for the period of warranty / AMC.

(iii) The payment schedule may be modified by the bank depending on the

project/procurement etc.

15.2

i. For all the payments to be made against bank guarantees, the bank guarantees shall

be issued by a Scheduled Indian Bank or a foreign bank operating in India,

acceptable to the Bank, in the format. The guarantees issued by other banks should

be confirmed by a scheduled Indian Bank or a foreign bank operating in India,

acceptable to the Bank.

ii. Bank guarantees for advance payment shall be released not later than 30 days after

the date of completion of installation of the goods at their final destination.

16. Prices

Prices payable to the Supplier as stated in the Contract shall be firm and not subject to

adjustment during performance of the Contract, irrespective of reasons whatsoever,

including exchange rate fluctuations, changes in taxes, duties, levies, charges etc.

17. Change Orders

17.1 The Bank may, at any time, by a written order given to the Supplier, make changes within

the general scope of the Contract in any one or more of the following:

(a) specifications;

(b) the method of shipment or packing;

(c) the place of delivery; and/or

(d) the Services to be provided by the Supplier

17.2 If any such change causes an increase or decrease in the cost of, or the time required

for the Supplier’s performance of any provisions under the Contract, an equitable

adjustment shall be made in the Contract Price or delivery schedule, or both, and the

Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this

clause must be asserted within 7 days from the date of Supplier’s receipt of Bank’s changed

order.

18. Contract Amendments

No variation in or modification of the terms of the Contract shall be made, except by written

amendment, signed by the parties.

19. Assignment

19.1 The Supplier shall not assign, in whole or in part, its obligations to perform under the

Contract, except with the Bank’s prior written consent.

20. Subcontracts

20.1 The Supplier shall notify the Bank in writing of all subcontracts awarded under the Contract, if

not already specified in the quotation. Such notification, in the original quotation or later,

shall not relieve the Supplier from any liability or obligation under the Contract. Sub-contract

shall be only for bought-out items and sub-assemblies.

20.2 Subcontracts must comply with the provisions of TCC.

Page 17 of 47

21 Delays in the Supplier’s Performance

21.1 Delivery of the Goods and performance of Services shall be made by the Supplier in

accordance with the time schedule prescribed by the Bank.

21.2 If at any time during performance of the Contract, the Supplier or its subcontractor(s)

Should encounter conditions impeding timely delivery of the Goods and performance of

Services, the Supplier shall promptly notify the Bank in writing of the fact of the delay, its

likely duration and its cause(s). As soon as practicable after receipt of the Supplier’s notice,

the Bank shall evaluate the situation and may, at its discretion, extend the Suppliers’ time

for performance, with or without liquidated damages, in which case, the extension shall be

ratified by the parties by amendment of the Contract.

21.3 Except as provided in the above clause, a delay by the Supplier in the performance of its

delivery obligations shall render the Supplier liable to the imposition of liquidated damages,

unless an extension of time is agreed upon without the application of liquidated damages.

22. Liquidated Damages

22.1 If the Supplier fails to deliver any or all of the Goods or perform the Services within

the time period(s) specified in the Contract, the Bank shall, without prejudice to its other

remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum

equivalent to 1.00 percent per week or part thereof of contract price subject to maximum

deduction of 10% of the delivered price of the delayed Goods or unperformed services for

each week or part thereof of delay, until actual delivery or performance. Once the maximum

is reached, the Bank may consider termination of the Contract.

23. Termination for Default

23.1 The Bank, without prejudice to any other remedy for breach of Contract, by a written

notice of default sent to the Supplier, may terminate the Contract in whole or in part:

a) if the Supplier fails to deliver any or all of the Goods and Services within the

period(s) specified in the Contract, or within any extension thereof granted by the Bank;

OR

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

23.2 In the event the Bank terminates the Contract in whole or in part, it may procure, upon such

terms and in such manner as it deems appropriate, Goods and Services similar to those

undelivered, and the Supplier shall be liable to the Bank for any excess costs for such similar

Goods or Services. However, the Supplier shall continue performance of the Contract to the

extent not terminated.

24. Force Majeure

24.1 Notwithstanding the provisions of TCC, the Supplier shall not be liable for forfeiture of its

performance security, liquidated damages, or termination for default if and to the extent

that its delay in performance or other failure to perform its obligations under the Contract is

the result of an event of Force Majeure.

24.2 For purposes of this clause, “Force Majeure” means an event beyond the control of the

Supplier and not involving the Supplier’s fault or negligence and not foreseeable such as acts

of the Govt. in its sovereign capacity, wars or revolutions, fires, floods, epidemics,

quarantine restrictions, and freight embargoes.

24.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Bank in writing of

such condition and the cause thereof. Unless otherwise directed by the Bank in writing, the

Supplier shall continue to perform its obligations under the Contract as far as is reasonably

practical, and shall seek all reasonable alternative means for performance not prevented

by the Force Majeure event.

Page 18 of 47

25. Termination for Insolvency

25.1 The Bank may, at any time, terminate the Contract by giving written notice to the Supplier if

the Supplier becomes bankrupt or otherwise insolvent. In this event, termination will be

without compensation to the Supplier, provided that such termination will not prejudice or

affect any right of action or remedy which has accrued or will accrue thereafter to the Bank.

26. Termination for Convenience

26.1 The Bank, by written notice sent to the Supplier, may terminate the Contract, in whole or in

part, at any time for its convenience. The notice of termination shall specify that

termination is for the Bank’s convenience, the extent to which performance of the

Supplier under the Contract is terminated, and the date upon which such termination

becomes effective.

26.2 The Goods that are complete and ready for delivery within 7 days after the Supplier’s receipt

of notice of termination shall be accepted by the Bank at the Contract terms and

prices. For the remaining Goods and Services, the Bank may elect to have any portion

completed and delivered at the Contract terms and prices.

27. Resolution of Disputes

27.1 The Bank and the Supplier shall make every effort to resolve amicably by direct

informal negotiation, any disagreement or dispute arising between them under or in

connection with the Contract.

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

and the Supplier have been unable to resolve amicably a Contract dispute, either party may

require that the dispute be referred for resolution to the formal mechanisms specified herein

below. These mechanisms may include, but are not restricted to, conciliation mediated by a

third party, adjudication in an agreed national forum.

27.3 The dispute resolution mechanism to be applied shall be as follows:

a) In case of Dispute or difference arising between the Bank and a Supplier relating to any

matter arising out of or connected with this agreement, such disputes or difference

shall be settled in accordance with the Arbitration and Conciliation Act, 1996. Where

the value of the contract is above 1 Crore, the arbitral tribunal shall consist of 3

arbitrators one each to be appointed by the Bank and the Supplier. The third Arbitrator

shall be chosen by mutual discussion between the Bank and the Supplier.

b) Arbitration proceedings shall be held at DEHRADUN, India, and the language of the arbitration

proceedings and that of all documents and communications between the parties shall be

English;

c) The decision of the majority of arbitrators shall be final and binding upon both parties.

The cost and expenses of Arbitration proceedings will be paid as determined by the

arbitral tribunal. However, the expenses incurred by each party in connection with the

preparation, presentation, etc., of its proceedings as also the fees and expenses paid to

the arbitrator appointed by such party or on its behalf shall be borne by each party itself;

and

d) Where the value of the contract is 1 Crore and below, the disputes or differences

arising shall be referred to the Sole Arbitrator. The Sole Arbitrator should be appointed

by agreement between the parties.

28. Governing Language

28.1 The governing language shall be either Hindi/English or Both.

29. Applicable Law

29.1 The Contract shall be interpreted in accordance with the laws of the Union of India and

the Supplier shall agree to submit to the courts under whose exclusive jurisdiction the

Registered Office of the Bank falls.

Page 19 of 47

30. Notices

30.1 The following shall be the address of the Bank and Supplier.

Bank’s address for notice purposes:

Bank of India Zonal Office, Information Technology Department, Shri Mahaveer Towers,Near St. Judes Chowk, Shimla Bypass, Sevla kalan, DEHRADUN (UK) -248171 Phone No.: 0135-2640052; 2640050

Supplier’s Address for notice purpose: ……………………………. ……………………………. ……………………………. ……………………………

30.2 A notice shall be effective when delivered or on the notice’s effective date whichever is later.

31. Taxes and Duties (Sale Tax to be cleared as per price Schedule)

31.1 Supplier will be entirely responsible for all applicable present and future taxes, duties,

levies, charges, license fees, road permits etc. in connection with delivery of goods at

site including incidental services and commissioning. Payment of Octroi, entry-tax, alone, if

applicable, will be made at actuals, on production of suitable evidence of payment by the

Supplier.

Income / Corporate Taxes in India:

31.2 The Supplier shall be liable to pay all corporate taxes and income tax that shall be levied

according to the laws and regulations applicable from time to time in India and the price bid

by the Supplier shall include all such taxes in the contract price.

31.3 Wherever the laws and regulations require deduction of such taxes at the source of payment,

the Bank shall effect such deductions from the payment due to the Supplier. The remittance

of amounts so deducted and issuance of certificate for such deductions shall be made by the

Bank as per the laws and regulations in force. Nothing in the Contract shall relieve the

Supplier from his responsibility to pay any tax that may be levied in India on income

and profits made by the Supplier in respect of this contract.

31.4 The Supplier’s staff, personnel and labour will be liable to pay personal income taxes in India

in respect of such of their salaries and wages as are chargeable under the laws and

regulations for the time being in force, and the Supplier shall perform such duties in regard to

such deductions thereof as may be imposed on him by such laws and regulations.

32. Supplier Integrity:

32.1 The Supplier is responsible for and obliged to conduct all contracted activities in accordance

with the contract using state-of-the-art methods and economic principles and exercising all

means available to achieve the performance specified in the Contract.

33. Supplier’s obligations:

The Supplier is obliged to work closely with the Bank’s staff, act within its own

authority and abide by directives issued by the Bank and implementation activities.

The Supplier will abide by the job safety measures prevalent in India and will free the Bank

from all demands or responsibilities arising from accidents or loss of life, the cause of

which is the Supplier’s negligence. The Supplier will pay all indemnities arising from such

incidents and will not hold the Bank responsible or obligated. The Supplier is responsible for

managing the activities of its personnel or sub-contracted personnel and will hold itself

responsible for any misdemeanours.

The Supplier will treat as confidential all data and information about the Bank, obtained in the

execution of his responsibilities, in strict confidence and will not reveal such information to

any other party without the prior written approval of the Bank.

Page 20 of 47

34. Patent Rights:

In the event of any claim asserted by a third party of infringement of copyright, patent,

trademark or industrial design rights arising from the use of the Goods or any part

thereof in India, the Supplier shall act expeditiously to extinguish such claim. If the Supplier

fails to comply and the Bank is required to pay compensation to a third party resulting from

such infringement, the Supplier shall be responsible for the compensation including all

expenses, court costs and lawyer fees. The Supplier shall on a mere demand by the Bank

reimburse whatever expenses incurred by the Bank in this regard, within a period of 7 days

of receipt of demand.

35. Site preparation and installation:

The Bank is solely responsible for the construction of the hardware sites in compliance with

the technical and environmental specifications defined by the Supplier. The Bank will

designate the installation sites before the scheduled installation date, to allow the Supplier to

perform a site inspection to verify the appropriateness of the sites before the installation of

the hardware.

36. Battery Installation:

The Supplier is responsible for all unpacking, assembling, wiring, installations, cabling

between hardware units and connecting to power supplies. The Supplier will test all batteries

operations along with and accomplish all adjustments necessary for successful and

continuous operation of the UPS at all installation sites.

38. Training:

For each hardware and software component installed, the Supplier is required to train the

designated Bank’s technical and end-user personnel to enable them to effectively operate the

total system. The number of users to be trained and the duration of the training shall be as

specified in the Invitation for Quotation or as quoted by the Bank in his Quotation. The

venue, arrangements for provision of hardware/software and costs for the training shall be as

specified in the Invitation for Quotation.

39. Technical Documentation:

The Technical Documentation involving detailed instruction for operation and maintenance is

to be delivered with every unit of the equipment supplied. The language of the

documentation should be English.

40. Right to use defective equipment:

If after delivery, acceptance and installation and within the guarantee and warranty

period, the operation or use of the equipment proves to be unsatisfactory, the Bank shall

have the right to continue to operate or use such equipment until rectification of defects,

errors or omissions by repair or by partial or complete replacement is made without

interfering with the Bank’s operation.

41 Standards:

All standards to be followed will adhere to Bureau of Indian Standards (BIS) specifications or other acceptable standards like ANSI, IEEE, ISO, X/Open etc. Please note that any quotation which does not provide the above information in the specified formats is ikely to be rejected and the Bank wil l not enter into any correspondence with the vendor in this regard.

You are requested to quote only one model against each item.

42 Award Criteria

The Bank will award the Contract to the successful Bidder, out of the Bidders who have responded to Bank's Invitation for Quotation, who has been determined to qualify to

perform the Contract satisfactorily, and whose Bid has been determined to be substantially responsive, and is the lowest evaluated Bid. For evaluation purpose the unit price of each item will be multiplied by approximate quantity. The total cost of individual item will be taken for evaluation of lowest bidder. However, the Bank also reserves the right to distribute the orders in fair, transparent and equitable manner amongst L1, L2 & L3 vendors subject to written consent of L2 & L3 vendors to match the rates quoted by L1 vendor.

Page 21 of 47

43 Repeat Orders

After a Purchase Contract is awarded to a Supplier, the Bank may, at his discretion, award further purchase Contracts to the same Supplier for all/some of the goods originally quoted by him at the same/reduced prices up to 31.03.2012 from the date of the first Purchase Contract without calling for fresh quotations.

44 Bank’s Right to Reject Any or All Bids

The Bank reserves the right to accept or reject any Bid, and to annul the Bidding process and reject

all Bids at any time, without thereby incurring any liability to the affected Bidder or Bidders or

any obligation to inform the affected Bidder or Bidders of the grounds for the Bank’s action.

********

Page 22 of 47

FORM 1

PROPOSAL FORM (TECHNICAL PROPOSAL)

(to be kept in the Technical Proposal Envelope & must be printed on Letter

Head)

Date:.............................

To:

Bank of India Zonal Office, Information Technology Department, Shri Mahaveer Towers,Near St. Judes Chowk, Shimla Bypass, Sevla kalan, DEHRADUN (UK) -248171 Sir,

Replacement of Old batteries under buy back scheme

Having examined the Proposal Documents, the receipt of which is hereby duly acknowledged,

we, the undersigned, offer to supply and deliver Hardware/Software, in conformity with the said

Proposal documents.

2 We undertake, if our Proposal is accepted, to deliver, install and commission the system in

accordance with the delivery schedule specified in clause 9.1 of Annexure B.

3 If our Proposal is accepted, we will obtain the guarantee of a bank for a sum equivalent to

10% percent of the Contract Price for the due performance of the Contract, in the form prescribed by

the Bank.

4 We agree to abide by the Proposal and the rates quoted therein.

5 Until a formal contract is prepared and executed, this Proposal, together with your written

acceptance thereof and your notification of award, shall constitute a binding Contract between us.

6 We undertake that, in competing for (and, if the award is made to us, in executing) the

above contract, we will strictly observe the laws against fraud and corruption in force in India namely

“Prevention of Corruption Act 1988”.

7 We understand that you are not bound to accept the lowest or any Proposal you may receive.

Dated this ....... day of ............................ 2016.

(Signature) (in the capacity of) Duly authorized to sign Proposal for and on behalf of

_________________________________________________________________________________

Page 23 of 47

FORM 1(a) [Annexure to Form 1]

(to be kept in the Technical Proposal Envelope & must be printed on Letter Head)

DELCARATION FORM

Date :.............................

To:

Bank of India Zonal Office, Information Technology Department, Shri Mahaveer Towers,Near St. Judes Chowk, Shimla Bypass, Sevla kalan, DEHRADUN (UK) -248171

Sir, Replacement of Old batteries under buy back scheme

We, M/s ………………………………………………… declare and confirm that we have not made any

changes in the text of Bid/Tender Documents / Terms & Conditions.

2 We accept all the terms and conditions specified in the Bid/ Tender Document. *

Specification for Sealed Maintenance Free Valve Regulated Lead Acid

Batteries for UPS Application

The specification governing the design, manufacture, testing, packaging and accessories shall be as

follows –

General Specifications:

1. The UPS battery should conform to JIS 8702 C specifications.

2. Batteries should have been manufactured in India i.e. the company participating in the

tender must have its own manufacturing facility in India. Imported brands will not be

entertained.

3. Vendor should have authorize service center in DEHRADUN.

4. Only OEM or their Authorized Dealers can quote. Vendor has to submit authorization

letter from their Principals in the name of Zonal Manager, Bank of India , DEHRADUN for this

particular tender.

5. Manufacturing facility should have certifications of ISO 9001:2008 and TS16949:2009

6. Batteries should have UL approval for safety.

7. Vendor can quote for single Brand only.

8. The warranty offered should be 24 months and it should be onsite.

9. Offered product / brand should not be blacklisted / delisted from any govt. organization.

10. Offered product / series should have presence in the market form last 5 years.

11. Authorized dealer should be in business of batteries form last 5 years.

Page 24 of 47

Dated this …… day of ………. 2017.

(Signature) (in the capacity of) Duly authorized to sign Proposal for and on behalf of

_________________________________________________________________________________

Page 25 of 47

S.N. ITEMS TECHNICAL SPECIFICATIONS Deviation 1 Company

Make Only One Model to be quoted (EXIDE POWERSAFE /QUANTA/AMARON/PANASONIC) having either Manufacture’s

2 Type Sealed Maintenance Free Value Regulated Lead Acid Battery ≥12V each of 100 AH

3 AH efficiency Above 95% 4 Material of

Container Battery cover and container should be made of Poly Propylene

Co Polymer plastic material as it has low permeability to avoid

water loss.

5 Type of Separator

Highly absorbent Micro porous spun glass matrix.(AGM)

6 Battery Life Minimum 2 years replacement Guarantee 7 Weight Minimum acceptable weight – 32.00 kg

8 Compatible Must compatible with UPS & its load.

9 Certification ISO 9001, 14001. If additional, please specify 10 Testing To be tested certified like CPRI approved batteries 11 Cabling Cabling in sufficient length of standard ISI cable for asse

mbling purpose.

FORM 2

PROPOSAL FORM (PRICE PROPOSAL)

(to be kept in the Financial Proposal Envelope & must be printed on Letter Head)

Date: .............................. To:

Bank of India Zonal Office, Information Technology Department, Shri Mahaveer Towers,Near St. Judes Chowk, Shimla Bypass, Sevla kalan, DEHRADUN (UK) -248171

Sir,

Replacement of Old batteries under buy back scheme

Having examined the Proposal Documents, the receipt of which is hereby duly acknowledged, we,

the undersigned, offer to supply and deliver Hardware/Software, in conformity with the said Proposal

documents for the sum of .................................................................................................................. (Total

Proposal amount in words and figures) or such other sums as may be ascertained in accordance

with the Schedule of Prices attached herewith and made part of this Proposal.

2 We undertake, if our Proposal is accepted, to deliver, install and commission the system in accordance with the delivery schedule specified in clause 8.1 of Annexure B.

3 If our Proposal is accepted, we will obtain the guarantee of a bank for a sum equivalent to 25% of the Contract Price for the due performance of the Contract, in the form prescribed by the Bank.

4 We agree to abide by the Proposal and the rates quoted therein for the orders awarded by the Bank.

5 Untill a formal contract is prepared and executed, this Proposal, together with your written

acceptance thereof and your notification of award, shall constitute a binding Contract between us.

6 We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”.

7 We understand that you are not bound to accept the lowest or any Proposal you may receive.

Dated this ....... day of ............................ 20…. (signature) (in the capacity of) Duly authorized to sign Proposal for and on behalf of

___________________________________________________________________________

Page 26 of 47

FORM 3

Price Schedule

(to be kept in the Financial Proposal Envelope & must be printed on Letter Head)

1 2 3 4 5 6 7 8

Technical Specification as

per Annexure 3

Qty

Unit Price

with 3 year

warranty (100 AH)

Total Cost including Tax

Buy Back Rate

Of Old Battery

(mention rate)

Net Cost Battery With 3 year warranty with tax

Final Price in words

(a) (b) (c) (d) (e) (d)-(e)=(f) (g)

Battery for Replacement under buy back

1

Note: 1. Unit price quoted should be inclusive of all costs, duties, levies, taxes, sales taxes, VAT, Octroi, Entry ax etc. and all other applicable charges 2. No increase in costs, duties, levies, taxes, charges, etc. irrespective of reasons (including exchange rate fluctuations) whatsoever, shall be admissible during the Price validity period. 3. Battery replacement under buy back scheme will have minimum 3 years onsite-replacement

warranty. For evaluation purpose, Final Price of items as indicated in column 8 will be considered.

You have to ensure proper maintenance of batteries through your own engineers.

Damage of batteries during warranty period due to any reason will be the sole responsibility of

the supplier of the battery and must be replaced without any condition.

Signature of Bidder:

Seal of Bidder:

Name:

Bidder Address:

FORM – 4

CONTRACT FORM

THIS AGREEMENT made the …….day of …………., 2017 between Bank of India (Name of purchaser) (here

in after called “the Purchaser”) of the one part and ………………………. (Name of supplier) of ……………………….

(city and country of supplier) (herein after called “the Supplier”) of the other part:

WHERE AS the Purchaser invited bids for certain Goods and ancillary services

viz., Tender Ref. No.BOI/DDNZO/IT/RKG/2017-18/001dated 05.07.2017

(Brief Description of Goods and services mentioned in table) and has accepted a Bid by the Supplier for

the supply of those goods and services in the sum of mentioned in table(Contact

price in words and figures) (herein after called “the Contract price”)

NOW THIS AGREEMENT WITNESSTH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to.

2. The following documents shall be deemed to form and be read and construed as part of this agreement,

viz.:

a) the Bid Form and the Price Schedule submitted by the Bidder; b) the Schedule of Requirements; c) the Technical Specifications; d) the Terms and Conditions of Contract; e) the Purchaser's Notification of Award.

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 and services and to remedy

defects therein, in conformity in all respects with the provisions of the Contract.

4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods 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.

Brief particulars of the goods and services which shall be supplied / provided by the supplier are as under: -

TOTAL VAULE:

DELIVERY SCHEDULE: AS PER TCC

IN WITNESS where of the parties hereto have caused this Agreement to be executed in accordance with

their respective laws the day and year first above written.

Signed, sealed and Delivered by the said ………………………………………………………… (For the Purchaser) In the presence of: ………………………………

Signed, sealed and Delivered by the said ………………………………………………………… (For the Supplier) In the presence of: ………………………………

Page 28 of 47

S.N. Brief Description of Goods & Services Qty to be supplied Unit Price Total Price

account:

FORM – 5

ACCEPTANCE CERTIFICATE

Certificate for issue by the Purchaser after successful Installation of Batteries at

Bank of India, Branch/Office, DEHRADUN Zone

Ref. No………………………… Date: ……………

Sub: Certificate of Successful installation of Batteries

1. This is certify that the batteries as detailed below have been received in goods

conditions along with all given information. The same have been successfully

installed and commissioned.

(a) PO/Contract No……………………..………………… dated………………………

(b) Description of the equipment: As per enclosed ATR (specifications).

(c) Quantity: As per ATR (Quantity in Purchase Order)

(d) Name of transporter:

(e) L.R. No……………………………………… dated …………………….…….………

(f) Name of the Consignee: BANK OF INDIA, ……………………………………..

(g) Date of commissioning and conducting Acceptance Test: …………………………

2. Details of accessories / parts, etc. not yet supplied and recoveries to be made in that

3. The amount of recovery on account of non-supply of accessories and parts given

under para no. 2 is: …………………………

4. The acceptance test has been done to our entire satisfaction and training conducted

/ modalities thereof have been worked out as per clause 8.2 and 40 of the Terms

and Conditions of Contract (TCC).

5. The supplier has fulfilled his contractual obligations, satisfactorily.

FOR FOR BANK OF INDIA

(to be signed and stamped by the vendor) ………………………… Branch

Name:

…………………………..

Designation with

stamp:…..

Date:

Page 29 of 47

S. N. Description Amount to be recovered

FORM 6 (a)

BANK GUARANTEE FOR ADVANCE PAYMENT

To: (name of Bank)

(address of Bank)

(Name of Contract)

Gentlemen:

In accordance with the provisions of the Terms and Conditions of Contract, to provide

for advance payment, _______________________ (name and address of Supplier)

(hereinafter called "the Supplier") shall deposit with ________________ (name of Bank) a

bank guarantee to guarantee his proper and faithful performance under the said Clause of

the Contract in an amount of _____________ (amount of guarantee*(in figures and words).

We, the (bank or financial institution), as

instructed by the Supplier, agree unconditionally and irrevocably to guarantee as primary

obligator and not as Surety merely, the payment to

(name of Bank) on his first demand without whatsoever right of objection on our part and

without his first claim to the Supplier, in the amount not exceeding

(amount of guarantee* in figures and words).

We further agree that no change or addition to or other modification of the terms of

the Contract to be performed thereunder or of any of the Contract documents which may be

made between (name of Bank) and the Supplier, shall in

any way release us from any liability under this guarantee, and we hereby waive notice of

any such change, addition or modification.

This guarantee shall remain valid and in full effect from the date of the advance

payment received by the Supplier under the contract until _______________ (expected

date of last delivery).

Yours truly,

Signature and seal :

Name of bank/

Financial institution :

Address :

Date :

_____________________

* An amount is to be inserted by the bank or financial institution representing

the amount of the Advance Payment.

Page 30 of 47

FORM-6(b)

FORMAT FOR BANK GUARANTEE FOR

ADVANCE PAYMENT OF ANNUAL MAINTENANCE CHARGES

(ON NON-JUDICIAL STAMP PAPER OF appropriate value)

Bank Guarantee No.: .................................................... Date:

To......................................................... (Name of the Bank)

Whereas........................................ (Name of the Supplier) hereinafter called "the

Supplier" has undertaken, in pursuance of contract No.................. dated............ to

supply......................................................... (DescriptionofGoodsandServices)

hereinafter called "the Contract".

AND WHEREAS it has been stipulated by you in the said contract that the Supplier shall

furnish you with a Bank Guarantee by a recognized Bank for the sum specified therein as

security for compliance with the Supplier's performance obligations under the contract for

Annual Maintenance and Repairs of the entire system including cost of spares after warranty

period for next three years.

AND WHEREAS we have agreed to give the Supplier a Guarantee.

THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of

the Supplier, up to a total of Rs. ....................... (Amount of guarantee in words and

figures) being 4% of the Contract Price and we undertake to pay you, upon your first

written demand declaring the Supplier to be in default under the contract and without cavil

or argument, any sum or sums within the limit of Rs. ....... (Amount of guarantee) as

aforesaid, without your needing to prove or to show grounds or reasons for your demand or

the sum specified therein.

This guarantee is valid until ............... day of..........................

Signature and Seal of Guarantors

.................................

.................................

Date: ..................

NOTE:

1. SUPPLIERS SHOULD ENSURE THAT SEAL AND CODE No. OF THE SIGNATORY IS PUT

BY THE BANKERS, BEFORE SUBMISSION OF THE BANK GUARANTEES.

2. STAMP PAPER IS REQUIRED FOR THE BANK GUARANTEES ISSUED BY THE BANKS

LOCATED IN INDIA.

Page 31 of 47

FORM-6(c)

PERFORMANCE SECURITY FORM

To: (Name of Bank)

WHEREAS ...................................................................(NameofSupplier)

(hereinafter called "the Supplier") has undertaken, in pursuance of Contract No................

dated,.......... 20... to supply...................................................................... (Description of

Goods and Services) (hereinafter called "the Contract").

AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall

furnish you with a Bank Guarantee by a recognized bank for the sum specified therein, as

security for compliance with the Supplier's performance obligations in accordance with the

Contract.

AND WHEREAS we have agreed to give the Supplier a Guarantee:

THEREFORE, WE hereby affirm that we are Guarantors and responsible to you, on behalf

of the Supplier, up to a total of ................................... ........................................ (Amount of

the Guarantee in Words and Figures) and we undertake to pay you, upon your first written

demand declaring the Supplier to be in default under the Contract and without cavil or

argument, any sum or sums within the limit of ................................ (Amount of Guarantee)

as aforesaid, without your needing to prove or to show grounds or reasons for your demand

or the sum specified therein.

This guarantee is valid until the .......day of.................. 20......

Signature and Seal of Guarantors

....................................................................

Date................................................... 20.....

....................................................................

....................................................................

Address:......................................................

....................................................................

....................................................................

Page 32 of 47

Annexure-C

Specification for Sealed Maintenance Free Valve Regulated Lead Acid

Batteries for UPS Application

The specification governing the design, manufacture, testing, packaging and accessories shall be as

follows –

General Specifications:

1. The UPS battery should conform to JIS 8702 C specifications.

2. Batteries should have been manufactured in India i.e. the company participating in the

tender must have its own manufacturing facility in India. Imported brands will not be

entertained.

3. Vendor should have authorize service center in DEHRADUN.

4. Only OEM or their Authorized Dealers can quote. Vendor has to submit authorization

letter from their Principals in the name of Zonal Manager, Bank of India , DEHRADUN for this

particular tender.

5. Manufacturing facility should have certifications of ISO 9001:2008 and TS16949:2009

6. Batteries should have UL approval for safety.

7. Vendor can quote for single Brand only.

8. The warranty offered should be 24 months and it should be onsite.

9. Offered product / brand should not be blacklisted / delisted from any govt. organization.

10. Offered product / series should have presence in the market form last 5 years.

11. Authorized dealer should be in business of batteries form last 5 years.

Page 33 of 47

S.N. ITEMS TECHNICAL SPECIFICATIONS Deviation 1 Company

Make Only One Model to be quoted (EXIDE POWERSAFE /QUANTA/AMARON/PANASONIC) having either Manufacture’s Authorization valid upto 31.03.2017 or OEM allowed to be

2 Type Sealed Maintenance Free Value Regulated Lead Acid Battery ≥12V each of 100 AH

3 AH efficiency Above 95% 4 Material of

Container Battery cover and container should be made of Poly Propylene

Co Polymer plastic material as it has low permeability to avoid

water loss.

5 Type of Separator

Highly absorbent Micro porous spun glass matrix.(AGM)

6 Battery Life Minimum 2 years replacement Guarantee 7 Weight Minimum acceptable weight – 32.00 kg

8 Compatible Must compatible with UPS & its load.

9 Certification ISO 9001, 14001. If additional, please specify 10 Testing To be tested certified like CPRI approved batteries 11 Cabling Cabling in sufficient length of standard ISI cable for asse

mbling purpose.

ANNEXURE- D

INSTRUCTIONS FOR BIDDERS

1. The Bids of Bidders quoting as Authorized Distributors (AUD) of the manufacturer, meeting

the above requirement in full will also be considered provided:

a) The Bidder furnishes authorization from the manufacturer

b) The Bidder, as authorized agent, has supplied installed and commissioned UPS and

batteries of the kind required by the Bank and has provided after sales service

satisfactorily and such UPS and Battery must be in satisfactory operation for at least

3 years on the date of Bid opening and must be providing annual maintenance

services for the above installation.

2. The OEM/AUD should have supplied and supported not less than 25 UPS and/or replace

batteries more than 100 in minimum three govt. offices/PSUs/Banks at their various

locations/offices.

a) The details of PSUs like names of Banks/Financial Institutions, contact person, telephone

numbers and the locations where the servers and PCs are supplied and supported must

be submitted to the Bank.

3. The OEM/AUD should stock adequate spares of all items supplied at their local center/ offices.

They should have the facility of stocking adequate spares of UPS and Batteries

4. The OEM/AUD should have adequate Service/Support facilities to support all branches located

in different locations. The bidders should provide the list of support offices/branch offices

whether owned or franchises with complete address along with support and manpower at

each location to be submitted. Trained Engineers should be available at service centers. (List

of Bank’s Zonal Offices is enclosed in Form-12).

5. BANK OF INDIA wishes to empanel vendors for supply of UPS & batteries and, accordingly,

invites sealed Pre-Qualification Bids from eligible Bidders for SUPPLY, INSTALLATION AND

COMMISSIONING OF Online UPS and batteries replacement under buy back scheme for

DEHRADUN Zone Branches/Offices.

6. The eligible bidder should satisfy –

a) Should be an established Original Equipment Manufacturer (OEM) /Authorized

distributor (AUD) for the above goods

b) Should have service / support centers (owned/franchisee) at DEHRADUN, and cover

banks branches/offices within 200 KM radius.

c) The bidder should be a net profit (after tax) making company / firm during last three

years.

d) Should have an annual turnover minimum of Rs. 100 Lac or above for last financial

year out of Indian Operations, of which at least 50% should be from sale of goods

indicated above.

Page 34 of 47

e) Should be ready to participate in the tender /quotation/reverse auction process

whenever there is an invitation for the same from us without fail.

f) Should be ready to supply, install, commissioned, support, maintain the goods at any

branches/offices under DEHRADUN Zone comprising of Almora, Bageshwar, Chamoli,

Dehradun, Haridwar, Nainital, Pauri, Pithoragarh, Rudraprayag, Tehri Garhwal,

Udhamsingh Nagar.

7. The bidder shall strictly comply with all the qualification criteria (as mentioned in

Annexure -D of the Tender document) for this purpose.

8. Interested Bidders may freely download bid document from bank’s website and submit their

response to Bank of Bank of India, Zonal Office, Information Technology Department, Shri Mahaveer Towers,Near St. Judes Chowk, Shimla Bypass, Sevla kalan, DEHRADUN (UK) -248171 Phone No.: 0135-2640052; 2640050

9. A complete set of bidding documents may be purchased by any interested eligible Bidder

from the above office upon payment of a non-refundable fee as indicated below, in the form

of a Demand Draft /Banker’s cheque in favour of Bank of India, payable at DEHRADUN. Same

is available on the Bank’s website and can be downloaded from the website. In case the bid

document is downloaded from the website, the price of bidding document wil l

have to be deposited by means of Demand Draft / Banker’s Cheque / Pay Slip in

favour of Bank of India payable at DEHRADUN at the time of submission of the bid.

10. The Bidding document may be obtained from and the bid should be submitted to the office of

Bank of India, Zonal Office, Information Technology Department, Shri Mahaveer Towers,Near

St. Judes Chowk, Shimla Bypass, Sevla kalan, DEHRADUN (UK) -248171.

a) Price of Bidding document (non-refundable) Rs. 500/-

b) Earnest Money Deposit (Refundable without any Rs.25,000/-

interest)

c) Date of commencement of bid 05.07.2017

d) Last date and time for submission of Bids 18.07.2017 ; 1100 hours

e) Address for communication Same as above (para 4)

Phone # : 91-135-2640052,2640050

f) Tender Opening Date 18.07.2017; 1500 hours at

Conference Hall

11. Bank of India reserves the right to accept or reject in part or full any or all the offers without

assigning any reasons thereof.

12. Evaluation of Bids/ Clarification of Bid

During evaluation of the Bids, the Bank, at its discretion, may ask the Bidder for clarification

of its Bid. The request for clarification and the response shall be in writing, and no change in

the substance of the Bid shall be sought, offered, or permitted.

13. Preliminary Examination

a) The Bank will examine the Bids to determine whether they are complete, the

documents have been properly signed, and the Bids are generally in order.

b) The Bank may, at its sole discretion, waive any minor infirmity, nonconformity, or

irregularity in a Bid which does not constitute a material deviation, provided such

waiver does not prejudice or affect the relative ranking of any Bidder.

c) Prior to the detailed evaluation, the Bank will determine the substantial

Page 35 of 47

responsiveness of each Bid to the Bidding Document. For purposes of these Clauses,

a substantially responsive Bid is one which conforms to all the terms and conditions

of the Bidding Document without material deviations. Deviations from, or objections

or reservations to critical provisions, such as Performance Security, Applicable Law,

Validity period of the price quotation, Qualification Criteria, Warranty and Force

Majeure will be deemed to be a material deviation. The Bank’s determination of a

Bid’s responsiveness is to be based on the contents of the Bid itself, without recourse

to extrinsic evidence. The Bank would also evaluate the bids on technical parameters

including possible visit to inspect Bidder’s/Supplier’s manufacturing facilities and

quality control facilities including burn-in test and to conduct burn-in tests. The

systems at the site may be selected on a random basis or as may be decided by the

Bank, to conduct these tests. In such case the entire cost of inspection, including

boarding, lodging, travelling, incidental expenses of the Bank’s representative and/or

Bank’s Consultant shall totally be borne by the supplier for the complete duration of

the inspection.

d) If a Bid is not substantially responsive, it will be rejected by the Bank and may not

subsequently be made responsive by the Bidder by correction of the nonconformity.

14. Contacting the Bank

a) No Bidder shall contact the Bank on any matter relating to its Bid, from the time of

opening of Bid to the time a communication in writing about its empanelment or

otherwise is received from the Bank.

b) Any effort by a Bidder to influence the Bank in its decisions on Bid evaluation, Bid

comparison or empanelment, may result in the rejection of the Bidder’s Bid.

Page 36 of 47

FORM-7

BID FORM

To:

Bank of India Zonal Office, Information Technology Department, Shri Mahaveer Towers,Near St. Judes Chowk, Shimla Bypass, Sevla kalan, DEHRADUN (UK) -248171 Phone No.: 0135-2640052; 2640050

Gentlemen and/or Ladies,

Having examined the Bidding/Tender Documents, the receipt of which is hereby duly

acknowledged, we, the undersigned, apply for inclusion in the panel of approved vendors for

supply, delivery and installation of UPS System and batteries.

2 We agree to abide by the terms and conditions of the Bid/Tender Terms and

conditions Document (i.e. Annexure A, B, and D).

3 If we are empanelled and thereafter Price Quotations are submitted by us, in

response to your invitation for quotation, and if our Price Quotation is accepted, we will

submit the guarantee of a bank in a sum equivalent to 10 percent of total Contract Price for

the due performance of the Contract, in the form prescribed by the Bank, if such

requirement is stipulated while calling for the Price Quotations.

4 We undertake that, after empanelment, while submitting Price Quotations whenever

called for to so submit and, if the award is made to us, in executing the purchase contracts,

we will strictly observe the laws against fraud and corruption in force in India namely

“Prevention of Corruption Act 1988”.

5 We understand that you are not bound to accept the lowest or any Bid you may

receive.

Dated this ….... day of …........................ 2016.

_________________________________

(signature In the capacity of)

_________________________________

Duly authorized to sign Bid for and on behalf of

(Enclose adequate documentary proof in this regard)

Page 37 of 47

3. Financial position (in the respective currency)

4. Total Liabilities

5. Net Sales (in respective currency):

FORM 8 BIDDER QUALIFICATION APPLICATION

(All the Bidders submitting their Bids must submit the qualification application along with the

information in the following formats together with the relevant documentation)

FINANCIAL, BUSINESS AND TECHNICAL CAPABILITY

Name and address of Bidder………………………………………………………………

Phone:…………………………Telex:……………………………Fax:……………………

1. Latest Balance Sheet filed with _____________________ on_____________________ (Attach

audited copies of annual accounts of past 3 years. Indigenous Bidders to attach copy of

accounts audited under section 44 AB of Income Tax Act. In case the accounts are not required

to be audited, the information in this statement should be attested by a Chartered Accountant

or Manager of a reputed Bank.

2. Latest Profit & Loss Statement from _____________________to_____________ filed with

______________ on ____________. (Attach an audited copy).

Page 38 of 47

Current Financial Year

Last Financial Year Previous to Last Financial Year

a) Cash & Bank balances b) Fixed Assets Gross and Net c) Current Assets d) Current Liabilities

Bank cash credit Loans Others (including sundry creditors) e) Provisions f) Contingent Liability (include.

claims not acknowledged, pl. specify)

g) Inventories h) Share Capital

Free Reserves Other reserves (Please specify) i) Terms loans from financial

institute & Banks

j) Working Capital k) Net worth l) Debtors & advances considered

good more than 6 months

less than 6 months

Current Financial Year

Last Financial Year Previous to Last Financial ar a) Current Ratio

Current Assets to Current liabilities b) Acid Test Ratio c) Total liability to Net worth

a) Current period b) During the last financial year c) During the year before last financial year

6. Net Profit before Tax:

The profit and loss statements have been certified by_______________________

7. Bidders’ Financial arrangements (check appropriate item):

8. Certificate of financial soundness from Bankers of Bidders: 9. Income Tax clearance:

10. Sales:

11. Licensed capacity to manufacture:

12. List, if any of Bidder’s rate contract with the following organizations:

13. Describe Quality Control Organization, if any, and give the Organization Chart.

(a) Are goods offered subject to batch test, random sampling or full 100% test for quality?

(b) Are tests carried out by factory employees or by a separate testing agency?

(c) Are independent Quality Control Organization checks made and certificates issued for

manufacturing and support?

(Enclose necessary documentary proof)

Page 39 of 47

Organization Yes/No If Yes, date contract finalized

a. Directorate General of Supplies and Disposal, Governmentof India

b. Central Equipment Stores Purchase Organization for stateGovernments

c. Others

Categor

y

Value of current orders to be executed in

respective currency

Value of anticipated sales for next financial

year in respective currency

A.

B.

Description of

equipment

Size & Capacity Licensed

capacity

No. of Units Manufactured

Current Yr Last Yr 2nd Last Yr

a) Current period

b) During last financial year

c) During the year before the last financial year

Please enclose copies of following documents:

a) Details of Income Tax registration; and

b) Last Income Tax clearance certificate

a) Own Resources

b) Bank Credit

c) others (specify)

a) Type of equipment manufactured and supplied during last 2 years

b) Type of equipment manufactured, supplied, installed and commissioned during last 2 years.

5. a) Types of equipment supplied during last 2 years other than those covered under 4 above.

covered under 4 (a) and (b) above

6. Plant facilities:

FORM-9

CAPABILITY STATEMENT OF PERSONNEL, EQUIPMENT,

PLANT AND PAST PERFORMANCE

1. Name and address of the Bidder

2. Classifications 1) Manufacturer

(Circle what is applicable) 2) Authorized Agent

3) Dealer

4) Others, please specify

3. Plant/Registered office/Local office

a) Location

b) Description, Type and size of building

c) Is property on lease or free hold? If on lease, indicate date of expiry of lease in each case.

4.

b) Type of equipment supplied, installed and commissioned during last 2 years other than those

Sq. Meter Remarks

a) Space available for manufacture ------------------

b) Space available for storage ------------------

c) Space available for inspection of items offered ------------------

d) Space available for storage of items offered ------------------

e) Are buildings fire resistant? Yes/ No

f) Are premises approved by Municipal Authority? --------------

g) Are buildings under Municipal fire protection? --------------

h) Are power and fuel supply adequate to meet production requirements? --------------

i) Are adequate transportation facilities available? --------------

j) Are safety measures adequate for performance of proposed contract? --------------

k) Are adequate material handling facilities / equipments available? --------------

7. Details of Quality Control and Testing facilities available

a. List of quality control and testing-equipment available

b. Give details of quality control and tests which can be carried out on items offered.

c. Details of the quality control and testing organization available.

8. Personnel/ Organization:

(1) Production

(2) Quality control

(3) Marketing

Page 40 of 47

Name of

equipment

Capacity/ Size Nos.

Manufactured

Projects to which supplied,

installed and commissioned

No. of orders on

hand

Name of

equipment

Capacity/ Size Nos. Manufactured Projects to which

supplies are made

No. of orders on hand

Name of equipment

Capacity/ Size and model

Nos. Manufactured and Country of origin

Total Nos. supplied in India

Projects to which supplies are made

No. of orders onhand

Name of equipment

Capacity/ Size and model

Nos. Manufactured andCountry of origin

Total Nos. supplied in India

Projects to which supplies are made

No. of orders on hand

(4) Installation and Commissioning

(5) Service

(6) Spare parts

(7) Administrative

9. Details of organization at Service Centre

a) No. of skilled employees

b) No. of unskilled employees

c) No. of engineering employees

d) No. of administrative employees

e) List of special repair/ workshop facility available

f) Storage space available for spare parts ---------------------------Sq.m.

g) Value of minimum stock of spares available at all the ---------------------------------

service centers

h) List of models/ types by number of equipment serviced by the center in last 2 years.

i) Details of hardware sold from the date of inception of the company:

10. Have you been black listed by any of the offices of the Reserve Bank of India, other Public Sector

Banks? If so, details may be provided.

--------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------

11. Names of two buyers (with Names of contact persons, their designations, complete postal

address, telephone, tax, telex and e-mail addresses) to whom similar equipment are supplied

installed and commissioned in the past and to whom reference may be made by the Bank

regarding the Bidder’s technical and delivery ability :

1.-----------------------------------------------------------------------

2.-----------------------------------------------------------------------

(Enclose necessary documentary proof)

Page 41 of 47

Hardware No sold from the date of inception of the

company:

1 3 KVA Online UPS

2 5 KVA Online UPS

3 Batteries (if possible)

Name of the Firm……………………………………

2FORM - 10

PERFORMANCE STATEMENT FORM

Performa for Performance Statement (for a period of last three years)

Bid No. ________________ Date of opening _________

(Enclose necessary documentary proof)

Page 42 of 47

Order

placed

by (full

address

of

Bank)

Order No. and

date

Description and

quantity

Value

of

order

Date of

completion

of delivery

Remarks

indicating

reasons

for late

Has the

equipment

been

Satisfactorily

functioning?

1 2 3 4 5 6 7 8

FORM 11

SERVICE SUPPORT DETAILS

Signature with Seal

(Enclose necessary documentary proof)

Important Note:

(i) Please specify whether the service support will be rendered by the Bidder / Dealers /

franchise

(ii) If the Service Support information is not furnished strictly as per the format above, the Bid

submitted may be treated as non-responsive

(iii) Please specify whether the Service Support is available at all Zonal Offices of the

Bank as per the list enclosed as per FORM 12.

Page 43 of 47

S

N

NAME

OF

THE

SERVI

CE

CENTE

R

ADDRESS

AND

TELEPHONE

NOS. OF

THE SERVICE

AGENT

SUPPORTING

THE CENTER

IN COL. 2

IN RESPECT

OF COLUMN

3 PLEASE

STATE

WHETHER

OWN

BRANCH OR

FRANCHISE

STATUS

OF

OFFICE,

WORKING

DAYS AND

HOURS

NUMB

ER OF

ENGIN

EERS

NUMBE

R OF

ADMIN

ISTRAT

ION

STAFF

VALUE OF

MINIMUM

STOCK OF

SPARES

AVAILABLE

AT ALL

TIMES

LIST OF

MODELS &

TYPES OF PCs

AND

PERIPHERALS

SERVICED IN

LAST 2 YEARS

1 2 3 4 5 6 7 8 9

FORM 12

List of Bank's Zonal Offices

Page 44 of 47

S.

No.

Name of the

Bank's Zonal

Offices

Whether Direct (D) Service

Support available or

through franchisee (F)

Address/With Contact

Details

FORM 13

MANUFACTURERS' AUTHORIZATION FORM

No. Date:

To:

Dear Sir:

We who are established and reputable

manufacturers of ________________________ having factories at (address

of factory) do hereby authorize M/s ___________________ (Name and address of Agent) to

submit a Bid, and sign the contract with you against the above Bid Invitation.

We hereby extend our full guarantee and warranty as per Clause 14 of the Terms and

Conditions of Contract for the goods and services offered by the above firm against this Bid

Invitation.

Yours faithfully,

(Name)

(Name of manufacturers)

Note: This letter of authority should be on the letterhead of the manufacturer and

should be signed by a person competent and having the power of attorney to bind

the manufacturer. It should be included by the Bidder in its Bid.

(Enclose necessary documentary proof)

Page 45 of 47

(Enclose necessary documentary proof)

FORM 14

FORM 6: LIST OF CUSTOMERS* AND REFERENCES

* Provide Information in respect of at least 3 customers. References may be enclosed from

at least 3 customers

Page 46 of 47

S No. Name and complete

Postal Address of the

Customer

Name, Designation

Telephone, Fax, Telex

Nos., e-mail address of

the contact person

Nature and Quantum

of Goods supplied

during last 2 years

Value of Goods

Supplied in last

2 years

Whether

reference

Letter

Enclosed

1 2 3 4 5 6

FORM 15

(To be submitted by the empanelled vendor signed by the vendor’s

representative, on their company’s letterhead at the time of participating in the

bidding process for supply of UPS /Batteries, provided you are empanelled in the

proposed process)

Date:

To,

The Zonal Manager,

Bank of India,

Information Technology Department.

DEHRADUN Zone

Dear Sir,

Re RFP No ------------------------------------------------dated----------------------

For the procurement of --------------------------------------------------------------

At our request you have empanelled us as a vendor for supply, installation and

commissioning of computer systems, peripherals and system/off-the-shelf software. For the

purpose of above RFP we confirm that we are bound by the Terms and Conditions of the

contract signed by us in respect of captioned RFP at the time of empanelling us as vendors.

Thanking you.

Signature _________________________

Name __________________________

Designation with stamp __________________

THE END

Page 47 of 47