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COMPREHENSIVE AMC OF VARIOUS COMPUTERS & PRINTERS

BID REFERENCE : 07 / EE / 2017-18

DATE AND TIME FOR : From 27.12.2017, 02:00 P.M. TO

DOWNLOADING OF 03.01.2018, 05:00 P.M.

TENDER DOCUMENTS

LAST DATE AND TIME FOR : 03.01.2018 UP TO 05.00 P.M.

ONLINE SUBMISSION OF BIDS

DATE AND TIME OF OPENING : 04.01.2018 AT 03.30 P.M.

OF BIDS

PLACE FOR OPENING OF BIDS : OFFICE OF THE EXECUTIVE ENGINEER Computer Center,

Irrigation & Water Resources Department U.P.,

Lucknow.

ADDRESS FOR COMMUNICATION : OFFICE OF THE EXECUTIVE ENGINEER

Computer Center,

Irrigation & Water Resources Department U.P.,

Cantt Road, Lucknow.

LUCKNOW-226001 Ph. no.0522 - 2625047

E-Mail Address: secompiduplu-up@nic.in

E.M.D. : Rs. 26,000.00

(Rupees Twenty Six Thousand only)

This Document Contains Pages - 70

Tender Document Fee : Rs. 354.00

It will be the responsibility of the bidders to check U.P. Government e- procurement website

http://etender.up.nic.in for any amendment through corrigendum in the bidding document. In case of

any amendment, bidders shall incorporate the amendments in their bid accordingly.

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Instruction To The Bidders

This invitation for bids is for issue of contract for Comprehensive AMC of various Computers &

Printers in Computer Center, Irrigation & Water resources Department, U.P.

1. Bidders are advised to study the Bidding Document carefully. Submission of bids against the bidding notice

shall be deemed to have been done after careful study and examination of the procedures, terms and

conditions of the Bidding Document with full understanding of its implications.

2. The bidding document is available at U.P. Government e-procurement website http://etender.up.nic.in.

Interested bidders may view, download the bidding document, seek clarification and submit their bid online up

to the date & time prescribed as therein notice inviting e-bid.

3. The bidders are required to submit the cost of bidding document up to the last date and time mentioned in

e-bidding notice / bidding document against this bidding through demand draft infavour of The Executive

Engineer, Lucknow Division Sharda Canal, Lucknow by hand/ post/ courier up to the last date and time

mentioned in e-bidding notice / bidding document against this bidding and scanned copy of demand draft

must be uploaded in Part “A” of their offer, failing which technical bid (Part-B) shall not be

considered/opened. The cost of bid document will be non refundable.

4. Bidders are also required to give notarized undertaking as per Annexure “UT” on Rs. 100.00 non-judicial

stamp paper in Part “B” of their offer.

5. All bids must be accompanied by a scanned copy of Bid Security (EMD), if not exempted, in the form of FDR

/ Bank Guarantee of Nationalized / scheduled bank which shall be duly pledged in favour of The Executive

Engineer, Lucknow Division Sharda Canal, Lucknow.

6. Scanned copy of the following must be uploaded electronically along with the bids

Character Certificate (IDT-1), Solvency Certificate (IDT-2) issued by District Magistrate.

Or

Certificate of Registration in the department/undertaking of Government of India/State Government who

work in the field of Information Technology.

Or

i) Character certificate issued by Class-I Magistrate / Class-I officer (Government of India/State

Government).

ii) Photocopy of proof of immovable property which costs not less than Rs. 1.00 Lakh and affidavit on

Rs. 100 stamp paper (Non Judicial) in mentioning undertakings as given below

1) The property is registered in his/her favour.

2) He/She has physical posession on the above cited property at present.

3) Details of property (with adress) and present value of the same.

7. The scanned copy of the Bid Document Fee, EMD, IDT-3 (On non judicial stamp paper of Rs. 100),

Registration certificate issued by the labour Department of Uttar Pradesh, Authorization Certificate, Power of

Attorney, Non Blacklist Notorial Affidavit, Form of Warranty, Integrity Pact, Form of Undertaking, Validity

Commitment etc. must be uploaded electronically along with the bids.

8. The original copy of Bid Document Fee, EMD, documents mentioned in para-6, IDT-3 (On non judicial stamp

paper of Rs. 100), Registration certificate issued by the labour Department of Uttar Pradesh, Authorization

Certificate, Power of Attorney made in the name of individual who signed bid document digitally through

DSC and Validity Commitment in prescribed format stipulated as Annexure-‘VC’ on non-judicial stamp

paper of Rs. 100.00 each, Letter of Authorization, Form of Warranty, Integrity Pact, Form of Undertaking and

Non Blacklist Affidavit shall be furnished to the office of Executive Engineer, Computer Center, Irrigation &

Water Resources Department, U.P., Lucknow up to the last date and time mentioned in e-bidding notice /

bidding document against this bidding, failing which the bid shall not be considered/opened.

9. The bids shall be electronically opened in the presence of bidder’s representatives, who choose to attend, at

the venue, date and time mentioned above in tender notice.

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10. The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow

reserves the right to cancel any or all the bids/annul the bidding process without assigning any reason thereof.

11. In the event of date specified for bids opening, being declared a holiday then the due date for opening of bids

shall be the following working day at the scheduled time as per mentioned in e-bidding notice / bidding

document against this bidding.

12. All the required documents shall be uploaded by the bidder electronically in the PDF format. However, the

financial bid should be uploaded in the XLS format. The required electronic documents for each document

label of Part “B” Technical Bid (Bid Document fee, Bid Security or Registration Certificate for exemption

with request letter), (Complete Technical Offer, Bid Form, Form of Agreement, Power of Attorney & Validity

Commitment, Form of Undertaking, Form of Warranty, Integrity Pact, Industries Registration, Check List and

Document pertaining to qualifying and technical conditions such as GSTIN No, GST/VAT submission,

Income Tax Clearance Documents, undertaking for Input Tax Credit (ITC), technical literature,

technical/financial capabilities, quality assurance system, guarantee of workmanship and material) and Part

“C” Financial (Price Schedule/BOQ) schedule/packets can be clubbed together to make single file for each

different label. Each of the files can be zipped through “WinZip” utility so that the size of the files is reduced

for faster online submission/uploading.

13. Exemption from depositing the Earnest money shall be admissible to the firm registered as small scale unit for

participation in Store Purchase Programme, with Director of Industries, U.P., National Small Industries

Corporation or as per clause no. 12.8 of ITB & the bidder is required to furnish the scanned copy of such

valid registration with request for exemption in Part “B” of their offer to avail exemption.

14. Bidders must note that every document bearing the non-judicial stamp paper shall be submitted along with

other required documents in original to the office of Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow up to the last date and time mentioned in e-bidding notice / bidding

document against this bidding.

15. The tenderer shall have no claim for acceptance of any deviations in Technical Specifications and Technical

Conditions as stipulated in tender document.

Executive Engineer

Computer Center

Irrigation and water resources department,

Uttar Pradesh, Lucknow.

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INSTRUCTIONS TO BIDDERS (ITB)

(A) THE BIDDING DOCUMENTS

1. Cost of Bidding:

a) The Bidders shall bear all costs associated with the preparation and submission of their bid and The

Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow,

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

the bidding process.

b) The bidding document is available on the website http://etender.up.nic.in to enable the bidders to

view, download the bidding document and submit their bids online up to the last date and time

mentioned in e-bidding notice / bidding document against this bidding. The bidders shall have to pay

non-refundable bidding document fee of Rs. 354.00(Rupees Three hundred fifty four only) through

Demand Draft payable in favour of The Executive Engineer, Lucknow Division Sharda Canal,

Lucknow. The original Demand Draft should be received in the office of Executive Engineer,

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow up to the last date

and time mentioned in e-bidding notice / bidding document against this bidding. Scanned copy of

Demand Draft must be uploaded in Part “A” of their offer, failing which technical bid shall not be

considered /opened.

2.0 Contents of bid document 2.1 The contents of the bid documents are listed below

1. Invitation for Bids

2. Instructions to Bidders (ITB)

3. General Conditions of Contract (GCC)

4. Special Conditions of Contract (SCC)

5. Financial Bid

6. I.D Form No. 111

7. I.D Form No. 112

8. Certificate of Relationship

9. DECLARATION

10. BID FORM

11. FORM OF AGREEMENT

12. Form of Bank Guarantee for Earnest Money

13. Form of Bank Guarantee for Performance Security

14. Validity Commitment

15. Integrity Pact

16. Warranty Clause

17. Declaration regarding Blacklist

18. Form of undertaking

19. Form of Power of Attorney

20. Form of Bio-data of the Firm

21. Manufacturer’s Authorization Form

22. I.D.T.-1 / Character certificate issued by Class-I Magistrate / Class-I officer

23. I.D.T.-2 / Photocopy of proof of immovable property with affidavit

24. I.D.T.-3

25. CHECK-LIST

2.2 The bidder is expected to examine all instructions, forms, terms & conditions and also technical

specifications stipulated in the bidding document. Failure to furnish all information required as per

stipulation of the bidding document or submission of bid is not commensuration with the requirement

of the bidding document in every respect may result in rejection of the bid.

2.3 Bid Signing Authority:

Individual signing bid or other documents connected with the contract must write his name in block

letters under his signature and must specify in submitted Power of Attorney whether he/they sign/sign

as:

(i) A “Sole Proprietor” of the firm or his “Attorney”.

(ii) “Procurator” of the firm.

(iii) An active partner of the firm in case where authority to refer arbitration disputes concerning the

business of the partnership has been conferred on every partner by Partnership Agreement.

(iv) A person or persons duly authorize by a power of attorney to bind all the partners of the firm in

all matters pertaining to the agreement including the arbitration clause.

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(v) In case the tender is submitted by a Company/Corporation the same shall be signed by the

authorized signatory. Satisfactory evidence / authority of the person signing on behalf of the

tenderer shall be furnished along with tender.

Note:

a) In case of iii & iv above, a copy of Partnership Deed Agreement or General Power of

Attorney attested by the public notary should be furnished.

b) In the case of the Partnership Firm, where authority as aforesaid has not been conferred upon

any individual by Partnership Agreement or Power of Attorney, tenders and other related

documents must be signed by all partners.

c) A person signing the tender form or any document forming part of the contract on behalf of

another shall be deemed to warranty that he has authority to do so and if on enquiry, it appears

that the person so signing had no authority to do so, the Executive Engineer, Computer

Center, Irrigation & Water Resources Department, U.P., Lucknow, without prejudice to

other civil and criminal remedies may cancel the contract & hold the signatory liable for all

cost of damages.

3.0 Clarification of Bidding Document:

A prospective bidder requiring any clarification of the bidding document may raise his point of clarification

through Bid Management Window after successfully logging to the e-procurement website:

http://etender.up.nic.in. The bidder may seek clarification by posting query in the relevant window after

clicking “Seek Clarification” option in the view bidding details window for bidding, which can be selected

through bidding option of bid submission menu. However, it is mandatory for the firm to seek clarification

in writing also. The clarification will be replied back by the Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow through the e-procurement website which can be

read by the bidders through the “Clarification” option under Bid Submission Menu. The Executive

Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow may also respond to

clarifications raised by the prospective bidders on Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow ’s e-mail address: secompiduplu-up@nic.in or through post.

4.0 Amendment of Bidding Document:

4.1 At any time, the Executive Engineer, Computer Center, Irrigation & Water Resources Department,

U.P., Lucknow may, for any reason, whether at its own initiative or in response to a clarification

requested by a prospective bidder, modify the bidding document by amendments. Such amendments

shall be posted/ uploaded on the e-procurement website http://etender.up.nic.in through corrigendum

and shall form an integral part of bidding document. The relevant clauses of the bid document shall be

treated as amended accordingly.

4.2 It shall be the sole responsibility of the prospective bidders to check the website

http://etender.up.nic.in regularly during bidding process for subsequent amendments, if any in the

bid document, failing which the Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow shall not be liable for any responsibility.

4.3 The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow, at his discretion, may extend the deadline for the submission of bids, which shall be posted/

uploaded on the e-procurement website http://etender.up.nic.in.

(B) PREPARATION OF BIDS

5.0 Language of Bid:

The bid prepared by the bidder, as well as correspondence and document relating to the bid exchanged by

the bidder and the Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow shall be written in Hindi or English Language. The correspondence and document in Hindi must

be accompanied by embedded / separate Hindi Font Files. Only English numerals shall be used in the bid.

6.0 Document constituting the Bid:

The bid prepared for online uploading (Part A & B in pdf and Part C BOQ in XLS format) on

e-procurement website http://etender.up.nic.in by the bidder shall comprise the following parts:

(a) Part “A” will comprise of:

i. Scanned copy of Tender Fee, Earnest Money / Bid Security pursuant to clause 2.0 of the Special

Conditions of Contract (SCC) mentioned hereinafter or Registration Certificate for exemption from

depositing EMD with request letter for exemption as applicable, furnished in accordance with ITB

Clause 12.8.

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(b) Part “B” will comprise of

i.In case dealers authorized by the firm for this bid are participating as a bidder, they are required to

submit scanned copy of authorization letter on Rs. 100.00 non-judicial stamp paper by their original

manufacturer along with the certificate by the authority who is issuing the authority letter that he as a

person bears the authority to issue authorization letter and his decision is acceptable to the principal

manufacturer.

ii.Scanned copy of bid document fee in accordance with ITB Clause 1(b)The above documents shall be

submitted in PDF format on website and originals of above documents shall be furnished to the

Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow ’s

office at Lucknow up to the last date and time mentioned in e-bidding notice / bidding document

against this bidding, failing so, the bid may not be considered.

iii.Qualification Details: As per clause 21.0 of ITB shall be submitted in PDF format.

iv.Power of Attorney: Power of attorney in the format prescribed in Annexure-‘PA’ in the name of

individual digital signing and submitting the bidding documents. Clause 2.3 of Instructions to

Bidders (ITB) is to be submitted, in Technical Part “B” of their offer.

v.Notarized Undertaking in prescribed proforma (Annexure “UT”) on Rs. 100.00 Non- Judicial Stamp

Paper.

vi.Validity Commitment: Copy of form Agreement for Validity Commitment in prescribed proforma

(Annexure- “VC”) on Rs. 100.00 non-judicial stamp paper duly signed by the bidder. The bidding

offer should remain valid for acceptance for a minimum period of 3 months from the date of opening

of bids. vii.Bid Form & Form of Agreement:-

(a) Copy of duly filled bid form as per Section-III (C), in PDF format in token of acceptance

complying with all the terms & conditions of the tender and technical specifications of the

bidding document, as no deviation shall be acceptable.

(b) Copy of filled in Form of Agreement as per Section-IV (B), in PDF format in token of

acceptance complying with all the conditions of the contract.

viii. The bidder shall submit/ upload a notarized affidavit (Annexure-“BL”) that the bidder has not been

suspended/ banned of business/ blacklisted by any State/ Central Government

Department/Organizations/ Undertaking in Technical Part “B” of their offer. The bids of suspended/

banned of business/ blacklisted bidders or those not submitting the required affidavit shall be rejected.

ix. Goods & Service Tax/VAT submission Certificate:- Bidder shall submit scanned copy of their

Goods & Service Tax filing Certificate of the last quarter / month.

x. Income Tax Clearance Documents:- Bidder shall submit/upload copy of Permanent Account

Number (PAN) of firm and copy of latest relevant Income Tax Return (ITR) form (not older than last

two financial years).

xi. Integrity Pact: To use, practice and observe all the best, clean, ethical, honest and legal means and

behaviour maintaining complete transparency and fairness in all activities concerning Registration,

Bidding, Contracting/Rate Contracting and Performance thereto, for which bidder is required to

submit an “Integrity Pact” as per “Annexure IP” in the Technical Part “B” of their offer.

xii. Copy of form of Warranty Clause in prescribed proforma (Annexure- “WC”) to be given by

manufacturer.

xiii Bidder shall give an undertaking along with their offer regarding Input Tax Credit of GOODS &

SERVICE TAX as per of section II (B) clause 5.6 of Special Condition of Contract (SCC) of bid

document in PDF Format. Bidder shall also mention the GSTIN no. thereon.

xiv Check List- Bidder shall upload copy of filled in check list in PDF Format in Section-(III D)

xv Details regarding the firm as per annexure-‘BD’

Note-The above documents shall be submitted online in PDF Format and originals of above

documents shall be furnished to the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow’s office at Lucknow when asked to produce the same

document. Failing so, the bid may not be considered.

(b) Part “C” Financial Bid will comprise of:

PRICE SCHEDULE / BOQ include Schedule of Prices & Quantities-BOQ “A” Section- IV

(A), in XLS format to be filled in after downloading from the e-procurement website of the

bidding under reference.

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7.0 Bid Form:

The Bidder shall complete the Bid form and appropriate Price Schedule/BOQ furnished in the bidding

document, including the goods to be supplied, their quantities and prices in the format given in the bidding

document.

8.0 Bid Price:

8.1 The Bidder shall quote separately in the downloaded spread sheet file for Price Schedule/BOQ unit price

along with basic price, GST (IGST/CGST/SGST) and other charges if any, total prices of each piece along

with total bid price.

8.2 Total Bid price for item indicated in the Price Schedule/BOQ as mentioned in Para 8.1 above, shall include

all expenses in regards to the Comprehensive AMC of various Computers & Printers in the office of

Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow

comprehensive performance guarantee as stipulated in clause no. 11.0 & 12.0 of SCC.

(i) The Basic Price of material at FOR.

(ii) Applicable taxes like GST(IGST/CGST/SGST ) & other statutory applicable taxes as per SCC.

(iii) The price of inland transportation, insurance and other local expenses for final delivery in the

stores/at destination station are included in (i).

(iv) The Price of other incidental services listed in Clause 7.0 of the SCC.

(v) The landed/ FOR prices of item as mentioned in downloaded excel sheet of Schedule of Prices &

Quantities-Schedule “A” shall only be compared for bid evaluation.

9.0 Bid Currencies: Prices shall be quoted in Indian Rupees (INR) only.

10.0 Documents Establishing Bidder’s Qualification: The documentary evidence establishing bidder’s

qualification to perform the contract in the event of bid being accepted shall be as per Qualification

Requirement as being only original manufacturer or their authorized dealers.

11.0 Documents Establishing Goods’ Conformity to Bidding Documents:

11.1 Pursuant to ITB Clause 6, the Bidder Shall furnish, documents establishing the conformity to the

bidding document in respect of material proposed to-be supplied under the contract. The

documentary evidence should be in the PDF file Format.

The documentary evidence of conformity of the material to the bidding documents shall consist of:

11.2 (a) The brochures/leaflets/the document of the original manufacturer of the material offered in

support of the technical specifications stipulated in the bidding as per Clause 21.0 of ITB

mentioned hereinafter.

(b) The bidder shall submit a statement giving reference of the relevant clause where there is

deviation to the technical specifications.

(c) In case authorized dealers are participating, they are required to submit authorization letter on

Rs. 100.00 non judicial stamp paper and above documents as per 11.2(a) & (b) of their

principals.

12.0 Bid Security:

12.1 Pursuant to Clause 2.0 of the Special Conditions of Contract (SCC), the Bidder shall furnish a Bid

Security/EMD in favour of The Executive Engineer, Lucknow Division Sharda Canal, Lucknow.

The scanned copy of the Bid Security/EMD must be uploaded along with the bids and the original

one should reach the Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow’s office at Lucknow up to the last date and time mentioned in e-bidding

notice / bidding document against this bidding, failing which their offer shall not be considered. In

case of opening of Part “A” is rescheduled or any other reason thereof, the validity shall be extended

accordingly by the bidder on the request of department. The bidder who refuse to grant such

extension on the request of department, for an extension of the validity of their bids and bids

securities will have their bid securities returned to them. Such bidders shall be deemed to have

waived their right to further participate in the bidding.

12.2 The bid security/EMD is required to protect the Executive Engineer, Computer Center, Irrigation &

Water Resources Department, U.P., Lucknow against the risk of Bidder’s performance & conduct

which would warrant the security’s forfeiture, pursuant to ITB Clause 12.7.

12.3 The bid security/EMD shall be in Indian Rupees (INR) and shall be in the instruments mentioned in

clause 2.0 of SCC. Bid Security/EMD shall not be accepted in cash in any circumstances.

12.4 Any bid not secured in accordance with ITB Clauses 12.1 and 12.3 above shall be treated as non-

responsive and shall be rejected by the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow .

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12.5 Unsuccessful bidder’s bid security/EMD shall be discharged/returned after the finalization of

contract without any interest whatsoever.

12.6 The successful bidder’s bid security will be discharged after the Bidder signs the Contract, pursuant

to ITB Clause 28 after furnishing the Security Money (10% of the total value of bid), performance

guarantee (As per GO - 622@23&12&2012&2 vkfMV@08] Vh0lh0 fnukad 08-06-2012) along with stamp

duty, pursuant to ITB Clause 29.

12.7 The bid security may be forfeited:

(a) If a Bidder

(i) Withdraws its bid during the period of bid validity specified by the Bidder on the Bid

From; or

(ii) Does not accept the correction of errors pursuant to ITB Clause 22.2; or

(iii) Modifies its bid price during the period of bid validity specified by the bidder on the bid

form.

(iv) Non performance or misconduct in view of bids/contract terms and conditions.

(b) In case of successful Bidder, if the Bidder fails:

(i) to sign the Contract with the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow in accordance with ITB Clause 28; or

(ii) to furnish performance security in accordance with ITB Clause 29.

12.8 EXEMPTIONS FROM EARNEST MONEY : (a) As per U.P. Government G.O. No. 2119/18-5-2002-52(SP)/98 dated 21.11.02, and uttar

Pradesh procurement manual published by letter no. 5/2016/253/18-2-2016-3(SP)/2010

dated 01.04.2016 SSI unit registered for participation under STORES PURCHASE

PROGRAMME with Director of Industries, U.P. or National Small Industries Corporation

(NSIC) for the tendered item are exempted from depositing the Earnest Money.

(b) Micro and Small Enterprises and Industrial Co-operatives within State of Uttar Pradesh

which are certified as such by the Commissioner and Director of Industries or by Deputy

Commissioner, District Industries Centre, are exempted in respect of certified items from

furnishing earnest money deposit in support of tenders submitted by them. The Khadi and

Village Industries Co-operative Societies within the State, registered as such with the Khadi

and Village Industries Board/ Khadi and Village Industries Commission on furnishing proof

of such registration are also exempted from furnishing earnest money deposit.

(c) Micro and Small Enterprises registered with the National Small Industries Corporation

Limited, New Delhi (NSIC) and in respect of which competency certificates are issued by

the NSIC will be exempted from furnishing earnest money deposit.

(d) Government institutions/ State Public Sector Undertakings, which manufacture and supply

goods, are exempted from furnishing earnest money for tenders.

However, they are required to submit scanned copy of their request along with copy of their

valid registration as desired, duly attested by Public Notary in Part “B” of their tender offer, failing

which exemption shall not be admissible.

13.0 Period of Validity of Bids:

13.1 Bids shall remain valid for 90 days from the due date of opening of Bid, Pursuant to ITB Clause

16, for the same the bidder shall be required to submit form of validity commitment as mentioned in

Section VC duly filled and signed on Rs. 100.00 non judicial stamp paper, which shall be submitted

along-with Earnest Money/Bid Security and original copy of the same shall be submitted along-with

Earnest Money and Bid Fee in the office of Executive Engineer, Computer Center, Irrigation &

Water Resources Department, U.P., Lucknow up to the last date and time mentioned in e-bidding

notice / bidding document against this bidding and scanned copy of the same shall be submitted

along with e-bid. A bid valid for a shorter period shall be rejected by the Executive Engineer,

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow treating the same as

non-responsive.

13.2 In exceptional circumstances, the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow may solicit the Bidder’s consent to an extension of bid

security under ITB Clause 12 during the period of bid validity.

14.0 Format and Signing of Bid: 14.1 The bidder shall prepare one electronic copy each of the Technical Bid Part B and Financial Bid

Part C separately.

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14.2 The bid document shall be digitally signed, at the time of uploading, by the a person or persons duly

authorized and having power of attorney. The letter of authorization shall be indicated by a scanned

copy of written power of attorney accompanying the bid. All the pages/documents of the bid that are

to be uploaded shall be digitally signed by the person authorized to sign the bid. However originals

shall be submitted up to the last date and time mentioned in e-bidding notice / bidding document

against this bidding.

14.3 Power of attorney in the manner prescribed in Annexure-‘PA’ in the name of individual signing the

bid document.

15.0 Submission of e-Bids:

The bidders are required to be registered with U.P. Electronics Corporation, Ashok Marg, Lucknow by

depositing prescribed fee as applicable to participate in the e-tendering as per GO no. 3/2017/1067/78-2-

2017-42IT/2017 dated 12 May 2017.

The Bid Submission module of e-procurement website http://etender.up.nic.in enables the bidders to

submit the e-bids online against this bidding published by the Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow. Bid may be submitted only up to the last date

and time mentioned in e-bidding notice / bidding document against this bidding. Bidders are advised to start

the Bid Submission process well in advance so that they can submit their bids in time. The bidders shall

submit their bids taking into account the server time, displayed in the e-procurement website. This server

time is the time by which the bid submission activity will be allowed till the permissible time on the last

date of submission stipulated in the schedule. The bidders cannot submit their bids after the completion of

bid submission period. For delay in submission of bids due to any reasons, shall be responsibility of the

bidder.

The bidders shall follow the instructions mentioned herein under for submission of their e-bids:

15.1 For participating in bids through the e-bidding system, it is necessary for the bidders to be the

registered users of the e-procurement website http://etender.up.nic.in. The bidders shall first

register themselves on the e-bidding website, if they have not done so previously, using the option

“Click here to enroll” available on the home page of the website.

15.2 In addition to the normal registration, the bidder has to register with their Digital Signature

Certificate (DSC) in the e-bidding system and subsequently he/ she will be allowed to carry out his/

her bid submission activities. Registering the Digital Signature Certificate (DSC) is a onetime

activity. Before proceeding to register their DSC, the bidder shall first log on to the e-bidding

system using the User Login option on the home page with the logging Id and Password with which

they has registered as per clause 15.1 above.

For successful registration of DSC on e-procurement website http://etender.up.nic.in, the

bidder must ensure that they possess class-2/ Class-3 DSC issued by any one of the certifying

authorities duly approved by Controller of Certifying Authorities. Government of India, such CA

details available on http://www.cca.gov.in/cca/. The bidder is advised to get their DSC issued by

certifying agency approved by Controller of Certifying Authorities for successful registration of his

/her DSC on e-procurement website. The bidder is also advised to register their DSC on E-

procurement website well in advance before bid submission period & time so that they do not face

any problem while submitting their e-bid against this bidding. The bidder can perform User Login

creation and DSC registration exercise as described in clauses 15.1 and 15.2 above even before bid

submission period starts. The Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow shall not be held responsible if the bidder tries to submit their e-bid at

the last moment of submission of bid, but could not submit due to DSC registration problem.

15.3 The bidder can search for active biddings through “Search Active Biddings” link, select a bidding in

which they are interested in and then move it to ‘My Biddings’ Folder using the option available in

the Bid Submission menu. After selecting and viewing the bidding, for which the bidder intends to

bid, from “My Biddings” folder, the bidder can place their bid by clicking “pay Offline” option

available at the end of the view bidding form. Before this, the bidder should download the bidding

document and price Schedule/Bill of Quantity (BOQ) and study them carefully. The bidder shall

keep all the documents ready as per the requirements of bidding document in the PDF format except

the Price Schedule/Bill of Quantity (BOQ) which shall be in the XLS Format (EXCEL sheet).

15.4 After clicking the ‘Pay offline’ option, the bidder shall be redirected to the relevant page of Terms

and conditions. The bidder shall read the Terms and conditions before proceeding to fill in the

Bidding fee EMD offline payment details. After entering and saving the Bidding Fee and EMD

details, the bidder shall click “Encrypt & Upload” option given in the offline payment details form

so that “Bid Document Preparation and Submission” window appears to upload the documents as

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per technical (Qualification details, Bid Form and Technical Specification details etc.) and financial

(Price Schedule/BOQ) schedules/packets given in the bidding details. The details of the Demand

Draft or any other accepted instrument which is to be physically sent in the original before opening

of bids, should tally with the details available in the scanned copy and the data entered during with

submission time otherwise the bid submitted shall not be accepted.

15.5 Next the bidder should upload the Technical Bid Documents, Qualification details as per “ITB

Clause 10 or 21”, Bid Form: Technical Specification” “Section-III(C):Bid Form” and

Financial Bid documents as per “Section-IV(A): Price Schedule/BOQ” of bidding document.

Before uploading, the bidder has to select the relevant Digital signature Certificate. They may be

prompted to enter the digital signature Certificate password, if necessary. For uploading, the bidder

should click “Browse” button against each document label in Technical and Financial

schedules/packets and then upload the relevant PDF/XLS files already prepared and stored in the

bidder’s computer. The required document for each document label of Technical (Qualification

details, Bid Form and Technical Specification details etc.) schedules/packets can be clubbed

together to make single different files for each label.

15.6 The Bidder shall click “Encrypt” next for successfully encrypting and uploading of required

documents. During the above process, the bid documents are encrypted/ locked electronically with

the DSC’s of the Bid openers to ensure that the bid documents are protected, stored and opened by

concerned bid openers only.

15.7 After successful submission of bid documents, a page giving the summary of bid submission will be

displayed that the process of e- bid submission is completed. The bidder can take a printout of the

summary using the “print” option available in the window as an acknowledgement for future

reference.

15.8 Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow

reserves the right to cancel any or all Bids without assigning any reason.

15.9 The bidder shall submit acknowledgement of total number of pages/file size uploaded for Part

“A”, Part “”B” and Part “C” of the Bid separately along with other documents to the

Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow office.

16.0 Deadline for Submission of e-Bids:

16.1 e-Bid must be submitted by the bidders at e-procurement website http://etender.up.nic.in up to the

last date and time mentioned in e-bidding notice / bidding document against this bidding.

16.2 The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow at his discretion may change deadline for submission of bids by amending the bid

documents in accordance with ITB Clause 4.

17.0 Late Bids:

The server time indicated in the Bid Management window on the e-procurement website

http://etender.up.nic.in will be the time by which the bid submission activity will be allowed till the up to the

last date and time mentioned in e-bidding notice / bidding document against this bidding. Once the bid

submission period is over, the bidder cannot submit their bid. Bidder has to start the Bid Submission well in

advance so that the submission process is completed within the scheduled period, failing which it shall be

the bidder’s responsibility.

18.0 Withdrawal and Resubmission of e-Bids:

18.1 At any point of time, a bidder may withdraw their bid submitted online before the bid completion of

bid submission period. For withdrawing, the bidder shall first login using their login Id and

password and subsequently by their Digital Signature Certificate on the e-procurement website

http://etender.up.nic.in. The bidder shall then select “My Bids” option in the Bid Submission

menu. The page listing all the bids submitted by the bidder shall be displayed. Click “View” to see

the details of the bid to be withdrawn. After selecting the “Bid Withdrawal” option, the bidder has

to click “Yes” to the message “Do you want to withdraw this bid?” displayed in the Bid Information

window for the selected bid. The bidder also has to enter the reason for Withdrawing the bid and

upload the same for withdraw before clicking the “Submit” button. The bidder has to confirm again

by pressing “Ok” button before finally withdrawing their selected bid.

18.2 The bidder has to request the Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow with a letter, attaching the proof of withdrawal and submission of bid

security/EMD in the office of Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow for taking back the bid security/EMD as per the manual procedure.

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18.3 No bid may be withdrawn in between the period fixed for submission of bids and the period of

expiry. Withdrawal of a bid during this interval may result in the Bidder’s forfeiture of their bid

security, pursuant to ITB Clause 12.7.

18.4 No bid can be Re submitted in any condition.

(C) BID OPENING AND EVALUATION OF BIDS

19.0 (A) Opening of Part “A” & Part “B” by the Executive Engineer, Computer Center, Irrigation &

Water Resources Department, U.P., Lucknow :

19.A.1 The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow will open Part “A” e-bids, in the presence of Bidder’s representatives, who so ever may

like to attend at the date and time mentioned in e-bidding notice / bidding document against this

bidding respectively, at the office of The Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow. The present representatives of the bidder are required to

sign a register, as a token of their attendance.

In the event of the specified date of e-bid opening being declared a holiday, the e-bids shall be

opened at the same scheduled time and location on the next working day.

19.A.2 The important details of the bid, as the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow, at its discretion may consider appropriate, shall be

announced at the time of opening.

19.A.3 The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow shall prepare brief information of documents submitted at the time of opening of bid.

19.0 (B) Opening of Financial Bids Part “C”:

19.B.1 After evaluation of technical bid vis-à-vis Conditions of the Contract, Technical Specifications &

Conditions and Qualification Requirements, if the technical bid is not found responsive, their

financial bid shall not be opened.

19.B.2 The financial Bids of technically qualified bidders will be opened on the next working day after

finalization of technical bid, in the presence of bidders who choose to attend.

20.0 Clarification of Bids: During evaluation of bids, the Executive Engineer, Computer Center, Irrigation &

Water Resources Department, U.P., Lucknow may, at its discretion, seek clarification on any point relating

to their bid. The request for clarification and the response shall be in writing.

21.0 Evaluation of technical bids and evaluation criteria:

The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow shall

evaluate the bids vis-à-vis all the conditions & specifications of the bidding documents. Any of the bid not

meeting the requisite, shall be rejected.

21.1 The bidders shall submit the scanned copies of following as documentary proof for evaluation

of their technical bid in part-“B” of the document:-

(i) Average annual financial turnover during last 3 years, ending 31st march, 2017, should be at

least 30% of the estimated cost.

(ii) Experiance of having successfully completed similiar works during last 7 years ending last day

of month previous to the one in which applicants are invited should be either of the following :- a) Three similar completed works costing not less than the amount equal to 40% of the estimated cost.

or

b) Two similar completed works costing not less than the amount equal to 50% of the estimated cost.

or

c) One similar completed works costing not less than the amount equal to 80% of the estimated cost.

(Self-certified photocopy of work order & successful completion certificates are to be provided towards

the proof of the above)

(iii) The Vendor must have support office/ Branch office at Lucknow, a self-certified letter

containing the office address, contact phone numbers, Mobile Numbers, Email Ids and contact

person name should be attached along with tender.

(iv) The bidder should be a profit making organization for the last three financial years. Parties have

to submit their copies of Annual Report duly signed by them or Certificate from a Chartered

Accountant.

(v) The bidder should not have been disapproved or black-listed by any organization in last three

years. An undertaking in this effect is to be submitted.

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21.2 Relevant illustrated technical literature having detailed technical specifications, data, catalogue,

quality control systems.

21.3 All the items quoted should have minimum technical specifications given in the bid.

21.4 The bidder shall submit/upload a notarized affidavit (Annexure- BL) that the bidder has not been

suspended / banned of business / blacklisted by any State/Central Government

Departments/Organizations/Undertaking in Technical Part “B” of their offer. The bids of the

suspended / banned of business/blacklisted bidders or those not submitting the required affidavit

shall be rejected.

21.5 The bidder shall invariably furnish following information for assessment of their technical/financial

capability to execute supplies of materials/equipment covered under this tender failing which their

tender is liable to be rejected.

(i) Annual & Monthly manufacturing capacity tendered items.

(a) As per Industry’s Registration.

(b) As per firms declaration

(ii) Quantity which can be delivered per month to the department Tendered Items.

(iii) Details of pending orders at the time of submitting tenders.

(iv) Annual Turn Over of last three financial years duly certified by the statutory auditors/Chartered

Accountant of the firm.

21.6 A Scanned copy of Agreement (for Validity Commitment) in prescribed proforma (Annexure-‘VC’)

on Rs. 100.00 non judicial stamp papers duly signed by the bidder. The bidding offer should remain

valid for acceptance for a minimum period of 90 days from the date of opening of bidding.

21.7 All bids submitted shall also include the following:

(i) Copies of relevant pages of following documents:

a. Memorandum and Article of Association showing objectives of the company and authority to

sign the bid/contract or delegate the power to others for signing the bid/contract/ Documentary

Proof of being “Sole Proprietor of the firm”/ Active partner of the firm having digital signature

along-with Partnership deed duly issued by the court and copy duly notarized.

b. Place of registration of bidder.

c. The power-of-attorney of the person, on Rs 100.00 Non Judicial Stamp Paper duly notarized,

who has digital signature for signing the bid/contract and digitally signed all the documents

while its submission.

d. Income tax registration number of the company.

e. GST registration number of the company.

And the rest documents as mentioned in ITB clause 6.0

The bids of the bidders not submitting copies of documents mentioned in clause 21.0 above shall be

rejected.

21.8 The bids found non responsive shall be rejected. The conditional bids shall be rejected out rightly.

21.9 The bidders are advised not to mix financial bid documents with the PDF documents submitted

for technical bid. The intermixing of the documents in either of the bids shall be liable for rejection

of the bid as a whole.

The firm shall furnish documentary proof for being registered as small/medium/ large unit by any

statutory body along-with location of their unit indicating the name of the state where it is located.

Bidder claiming for price preference, must submit the scanned copy of relevant Government Order

issued & in force till the last prescribed date of submission of offer along with request letter for

seeking price preference under relevant clause of Government Order in Part “A” of the bid.

Price/ Purchase preference to the firm shall be considered only as per prevalent rules/ Govt. orders

issued and in force till the last prescribed date for submission of offer, on the request of the firm, but

in no case, firm shall be allowed higher rates other than the lowest rates, received in the biddings.

22.0 Financial Evaluation and Comparison of Bids:

22.1 The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow shall evaluate the financial bids of only those bidders whose technical bids have been

accepted by the Executive Engineer, Computer Center, Irrigation & Water Resources Department,

U.P., Lucknow .

22.2 The bidders not quoting the prices for the item prescribed in the price schedule/BOQ shall be

rejected. If there is a discrepancy between basic price and landed price of the item that is obtained

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by adding Basic Price, IGST/ SGST/ CGST etc., then the basic price shall prevail and the landed

prices shall be evaluated accordingly.

22.3 No additional payments shall be made for completion of any contractual obligation beyond the

quoted prices.

22.4 No weightage shall be given to the bidder quoting any higher technical specifications against the

technical specifications of the items asked in the bidding.

22.5 The firm shall furnish documentary proof for being registered as small/medium/ large unit by any

statutory body along-with location of their unit indicating the name of the state where it is located.

Bidder claiming for price preference, must submit the scanned copy of relevant Government Order

issued & in force till the last prescribed date of submission of offer along with request letter for

seeking price preference under relevant clause of Government Order in Technical Part “A” of the

bid.

Price/Purchase preference to the firm shall be considered only as per prevalent rules/Govt.

orders issued and in force till the last prescribed date for submission of offer, on the request of the

firm, but in no case, firm shall be allowed higher rates other than the lowest rates, received in the

biddings.

22.6 Financial Evaluation of bids shall be done on the basis of lowest landed bid price for each tendered

item including GST(IGST/CGST/SGST) as stipulated in SECTION-IV(A) Schedule of Prices &

quantities/ BOQ.

23.0 Contacting the Executive Engineer, Computer Center, Irrigation & Water Resources Department,

U.P., Lucknow :

23.1 Subject to ITB Clause 20, Bidder shall not contact the Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow in person on any matter regarding their

bid, from the time of the bid opening to the time of award of contract. If the bidder wishes to bring

additional information to the notice of the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow , they can do so in writing.

23.2 Any effort by a Bidder to influence the decisions on bid evaluation, award of contract, may result in

rejection of the bid.

(D) AWARD OF CONTRACT

24.0 Award criteria:

24.1 The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow shall ensure that the lowest responsive bid meets all the criteria specified in clauses of

ITB.

24.2 The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow decision in awarding the contract shall be final.

25.0 The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow

reserves the right to increase or decrease the quantity of material originally specified in the Schedule of

Requirements at the time of award of contract.

26.0 The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow

reserves the right to accept or reject any bid, annul the bidding process and reject all bids at any time prior to

award of the contract.

27.0 Notification of Award:

27.1 The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow shall notify the successful bidder in writing by letter/ e-mail/ fax, regarding acceptance of

the bid.

27.2 The notification of award shall constitute the formation of the Contract.

27.3 Upon successful bidder’s furnishing of performance security pursuant to ITB Clause 29, bid

security pursuant to ITB Clause 12 shall be discharged.

28.0 Signing of Contract:

28.1 The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow shall send the letter of acceptance to the successful bidders.

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28.2 The successful bidders shall sign the detailed contract within the period mentioned therein.

28.3 If bidder fails to sign the Contract within stipulated time, Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow may rescind /cancel the letter of

acceptance and action may be initiated to forfeit the earnest money and debar for any departmental

tender for a period of time, the bidders exempted from earnest money under store purchase

programme shall be debarred from participating in further tender and the matter shall be intimated

to the certificate issuing authority for strict action.

29.0 Security Money and Performance guarantee:

29.1 The supplier shall furnish the Security Money (10% of the total value of bid), performance

guarantee (As per GO - 622@23&12&2012&2 vkfMV@08] Vh0lh0 fnukad 08-06-2012) in the form of FDR /

bank guarantee from any nationalized/scheduled bank of India, valid for 24 months from the date of

issue of contract, duely pledge in favour of The Executive Engineer, Lucknow Division Sharda

Canal, Lucknow in accordance with the Conditions of Contract, in the Performance Security Form

provided in the bidding documents. Successful bidder should also have to deposit stamp duty as per

rules.

29.2 Failure of the successful bidder to comply with the requirement of the tender conditions shall

constitute sufficient grounds for the annulment of the award and forfeiture of the bid security.

30.0 The bidders are not permitted to alter or modify their bid and if they do so, their Earnest Money will be

forfeited.

Executive Engineer

Computer Center

Irrigation and water resources department,

Uttar Pradesh, Lucknow.

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SECTION II: CONDITIONS OF CONTRACT

(A): GENERAL CONDITIONS OF CONTRACT (GCC)

TABLE OF CLAUSES

Clause

Number

Topic Page

1 Contractor to inform himself fully

2 Signing of Contract

3 Sub-letting of contract

4 Instructions to Contractor

5 Quality of materials

6 Packing

7 Power to vary or omit work

8 Negligence

9 Death, bankruptcy etc

10 Inspection and testing

11 Engineer’s Supervision

12 Engineer’s Decisions

13 Liability for accidents and damage

14 Replacement of defective plant or materials

15 Deductions from contractor prices

16 Terms of payment

17 Extension of time for completion

18 Damages for delay in completion

19 Rejection of defective plant

20 Increase or decrease of quantity

21 Authority of persons signing documents

22 Breach of Contract

23 Arbitration

24 Construction of contract

25 Vetting charges

26 Marginal note

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GENERAL CONDITIONS OF CONTRACT (GCC)

FOR THE COMPREHENSIVE AMC OF VARIOUS COMPUTERS & PRINTERS

1. Contractor to inform himself fully-The contractor shall be deemed to have carefully examined the

general and special conditions, specifications, schedules, Technical Conditions and any other details

pertaining to the contract. If he shall have any doubt as to the meaning of any portion of these

conditions or of the specifications, schedules or drawings he shall, before signing the contract, set forth

the particulars thereof and submit, them to the engineer in writing, in order that such doubt may be

removed.

2. Signing of Contract-A formal agreement shall, if required by the Executive Engineer, Computer

Center, Irrigation & Water Resources Department, U.P., Lucknow, be entered into between the

Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow and

the Contractor for the proper fulfillment of the contract. Further, if required by the Executive

Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow, the Contractor

shall deposit Security Money (10% of the total value of bid), performance guarantee (As per GO -

622@23&12&2012&2 vkfMV@08] Vh0lh0 fnukad 08-06-2012) duely pledge in favour of The Executive Engineer, Lucknow Division Sharda Canal, Lucknow for the due and faithful performance of the

contract in the form of FDR/Bank Guarantee issued by any nationalized/Scheduled Bank. The bidder

should also have to deposit stamp duty as per rules. The security Money and performance guarantee

deposit shall be refunded to the Contractor after the satisfactory complition of work.

3. The Contractor shall not, without consent in writing of the Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow, assign or sub-let his contract, or any part

thereof, other than for raw materials, for minor details, or for any part of the plant of which the

makers are named in the contract, provided that any such consent shall not relieve the

Contractor from any obligation, duty or responsibility under the contract.

4. Instructions to Contractor-After the bidding has been accepted by the Executive Engineer,

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow all orders or instructions

to the Contractor shall except as herein otherwise provided, be given by the Engineer shall be deemed to

have been issued on behalf of the Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow .

5. Quality of materials- The item shall be manufactured out of the best material conforming to standard

specification or of the approved quality by the Executive Engineer, Computer Center, Irrigation &

Water Resources Department, U.P., Lucknow. Manufacture and work shall be carried out with

accuracy and in a skilled workmanship like manner.

6. Packing-The Contractor shall be responsible for protecting and packing the items securely so

as to avoid damage under normal conditions of transport. Packing cases, containers, gunny packing

etc. which may be used for purposes of packing and which are delivered with material will not

be returned or paid for unless specifically stipulated.

7. Power to vary or omit work- No alterations, amendments, omissions, additions, suspensions,

or variations shall be made by the Contractor except as directed in writing by the Executive

Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow, but the

Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow

shall have full power subject to the proviso hereinafter contained, from time to time during the

execution of the contract by notice in writing to instruct the Contractor to make such variations

without prejudice to the contract and the Contractor shall make such variations and be bound by

them, as though the said variations occurred in the specifications. If any suggested variations

17

would, in the opinion of the Contractor if, carried out, prevent him from fulfilling any of his

obligations or guarantees under the contract, he shall notify the Executive Engineer, Computer

Center, Irrigation & Water Resources Department, U.P., Lucknow thereof in writing, and the

Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow

shall decide forthwith whether or not the same shall be carried out, and if the Executive Engineer,

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow confirms his

instructions in writing, the Contractor’s obligations and guarantees shall be modified to such an

extent as may be justified. The difference of cost if any, occasioned by any such variations shall be

added to, or deducted from, the contract price as the case may require. The amount of such

difference, if any, shall be ascertained and determined in accordance with the rates specified in the

schedule of prices, so far as the same may be applicable and where the rates are not contained in

the said schedule, or are not applicable they shall be settled by the Executive Engineer, Computer

Center, Irrigation & Water Resources Department, U.P., Lucknow and the Contractor jointly, as far

as possible before such variations are carried out.

Provided that the Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow shall not become liable for the payment of any charge in respect of

any such variations, unless the instructions for the performance of the same shall have been given in

writing by the Executive Engineer, Computer Center, Irrigation & Water Resources Department,

U.P., Lucknow. In the event of the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow requiring any variations, such reasonable and proper notice

shall be given to the Contractor as will enable him to make his arrangement accordingly, and in

cases where goods or materials have already been prepared, or any designs, drawings, or patterns,

have been made or work done that is required to be altered, the Engineer shall allow such

compensation in respect thereof as he shall consider reasonable.

In every case in which the Contractor shall receive instructions from the Executive

Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow for carrying

out any work which will, in the opinion of the Contractor, involve a claim for additional payment the

Contractor shall, within a week after the receipt of such instructions, inform the Executive Engineer,

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow of such claim for

additional payment.

8. Negligence- If the Contractor shall neglect to execute the Comprehensive AMC of various Computers

& Printers, with due diligence and expedition, or shall refuse or neglect to comply with any orders

given to him in writing by the Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow in connection with the Comprehensive AMC of various Computers &

Printers, or shall contravene any provision of the contract, the Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow may give notice in writing to the

Contractor, to make good the failure neglect or contravention complained of and if the Contractor

shall fail to comply with the notice within the time specified therein then it shall be lawful for the

Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow to

cancel the Comprehensive AMC of various Computers & Printers and give it to another person on

contract at a reasonable price and the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow shall be entitled to retain and apply any balance which may

be otherwise due on the contract by him to the Contractor or such part thereof as may be necessary,

to the payment of the additional cost of Comprehensive AMC of various Computers & Printers as

aforesaid, and if necessary, may take action for the recovery of such additional cost from the

Contractor.

9. Death, bankruptcy etc.-If the Contractor shall die or commit any act of bankruptcy, or being a

Corporation commence to be wound up except for reconstruction purposes or carry on its business

under a Receiver, the executers, successors, or other representative in law of the state of the Contractor

or any such Receiver, liquidator or any person in whom the contract may become vested shall forth

with give notice thereof in writing to the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow and shall for one month, during which he shall take all

reasonable steps to prevent stoppage of the Comprehensive AMC of various Computers & Printers

have the option of carrying out the contract subject to his or their providing such guarantees as may

18

be required by the Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow but not exceeding the value of the item or the time being

remaining unexecuted. In the event of stoppage of the Comprehensive AMC of various Computers &

Printers, the period of the option under this clause shall be 15 days only:

Provided that, should the above option not be exercised, the contract may be determined;

by the Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow by notice in writing to the Contractor, and the Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow may exercise the same power which he

could exercise and will have the same rights which he would have under the last preceding clause, if

the work had been taken out of the Contractor’s hand under that clause.

10. Inspection and testing-The Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow and his duly authorized representatives shall have the power at all

reasonable times to inspect and examine the materials.

The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow shall, on giving 15 days notice in writing to the Contractor setting out any grounds of

objections which he may have in respect of the work, be at liberty to reject all or any part, or

workmanship connected with such work which, in his opinion, are not in accordance with the contract,

or are, in his opinion defective for any reason whatsoever.

In case of inspection at Contractor’s premises, the Contractor shall inform the Engineer in writing

when any portion of the work is ready for inspection giving him sufficient notice to enable him to

inspect the same without retarding the further progress of the work. The expense incurred in sending

the Engineer to carry out inspection and/or test at the place agreed upon in the contract will be

defrayed, by the Executive Engineer, Computer Center, Irrigation & Water Resources Department,

U.P., Lucknow :

Provided that the results are satisfactory and in accordance with the terms of the contract. In

the event of the inspection and/or tests providing unsatisfactory and resulting in the non-acceptance

of item or any portion thereof, the cost of such inspection and/or tests (including the traveling and

halting expenses incurred, if any), or such portion thereof as may be determined by that officer,

shall be borne by the Contractor.

In all cases where the contract provides for tests, whether at the premises of the Contractor

or of any Sub-Contractor, the Contractor, except where otherwise specified, shall provide, free of

charge such labour, materials, electricity fuel, water, stores apparatus and instruments to carry out test

of plant in accordance with the contract and shall give facilities to the Engineer or to his authorised

representative to accomplish such testing.

If special tests other than those specified in the contract are required they shall be paid for by the

Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow as

“variations” under clause 8.

When the tests have been satisfactorily completed at the Contractor’s works, the Engineer

shall issue a certificate to that effect.

In all cases where the contract provides for tests on the site, the Executive Engineer, Computer

Center, Irrigation & Water Resources Department, U.P., Lucknow , except otherwise specified shall

provide, free of charges, such labour, materials, fuel, water, apparatus, and instruments as may be

required from time to time and as may reasonably be demanded to carry out efficiently such tests of

the item or workmanship in accordance with the contract.

11. Engineer’s supervision-The Comprehensive AMC of various Computers & Printers shall be carried

out under the direction and to the satisfaction of the Executive Engineer, Computer Center, Irrigation

& Water Resources Department, U.P., Lucknow.

12. In respect of all matters which are left to the decision of the Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow, including the granting or withholding of

the certificates the Executive Engineer, Computer Center, Irrigation & Water Resources Department,

U.P., Lucknow shall, if required, so to do by the Contractor, give in writing a decision thereon and his

reasons for such decision. If the decision is not accepted by the Contractor, the matter shall at the

request of the Contractor, be referred to arbitration under the provision for arbitration hereinafter

contained, but subject to the right of reference to arbitration such decision shall be final and binding on

19

the Contractor.

13. Liability for accidents and damage-The Contractor shall be responsible for loss, damage or

depreciation of item up to delivery at site.

14. Replacement of defective materials-If during the progress of Comprehensive AMC of various

Computers & Printers the Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow shall decide and notify in writing to the Contractor that the Contractor

has supplied any item inferior in quality to that specified, the Contractor on receiving details of such

defect or deficiency shall, at his own expense, within such time as may be reasonably necessary

for the Comprehensive AMC of various Computers & Printers and in case the Contractor shall fail so

to do, the Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow may on giving the Contractor a notice of not less than 15 days in writing of his intention so

to do, proceed to replace such part at the Contractor’s cost:

Providing that nothing in this clause shall be deemed to deprive the Executive Engineer,

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow of, or affect any rights

under the Contract which he may otherwise have in respect of such defects or deficiencies.

15. Deduction from contract prices-All costs, damages or expenses which the Executive Engineer,

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow may have paid, for

which under the contract, the Contractor is liable, may be deducted by the Executive Engineer,

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow from any amount due or

which may become due by him to the Contractor clause 8, under this Contract, or may be

recovered by suit or otherwise from the Contractor.

16. Terms of payment- Payment will be released quaterly, on receipt of bill in duplicate along with challan

copy. Subject to any deduction which the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow may be authorized to make under the contract or subject to

any additions or deductions provided for under clause 8.

17. Extension of time for completion- The time given to Contractor for despatch or delivery shall be

reckoned from the date of receipt, by the Contractor of the order, together with all necessary

information, to enable the work to be put in hand.

In all cases in which progress shall be delayed by strikes, lockouts, fire, accidents, delay in

approval of drawings or any cause whatsoever beyond the reasonable control of the Contractor and

whether such delays or impediments shall occur before or after time or extended time, for despatch or

delivery, a reasonable extension of time shall be granted.

18. Damages for delay in completion-

Applicable in case of materials only- The time for and the date of delivery of item stipulated in the letter of acceptance of bidding shall

be deemed to be of the essence of the contract and delivery must be completed not later than

the dates specified therein, If the Contractor shall fail in the due performance of his contract within

the time fixed by the contractor any extension thereof the Contractor agrees to accept a reduction of

the contract price by ½ percent per week reckoned on the contract value.

19. Rejection of defective item-If the supplied item thereof before it is taken over found to be defective,

or fails to fulfill the requirement of the contract the Engineer shall give the Contractor notice to

replace it. If the Contractor fails to do so within reasonable time, the Executive Engineer, Computer

Center, Irrigation & Water Resources Department, U.P., Lucknow may reject and replace it at the

cost of the Contractor, which is defective or fails to fulfill the requirements of the contract.

20. Increase or decrease of quantity-The Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow will be entitled at any time to increase or decrease the total

quantities of material in the said schedule and will give reasonable notice in writing of any such

increase or decrease to the Contractor during the period of validity of the Contract as provided in the

bidding notice.

21. Authority of persons signing documents-The person signing the bidding form or any documents

forming part of the contract on behalf of another warrants that he has authority to bind such other,

and if, on enquiry, it appears that the person so signing had no authority to do so, the

Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow

may, without prejudice to other civil and criminal remedies, cancel the Contract and hold the

20

signatory liable for all costs and damages.

22. Breach of contract-In case of non-performance in any form or shape of the covenants, and

conditions of this contract, Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow shall have power to annual, rescind, cancel the contract and upon his

notifying in writing to the Contractor that he has so done this contract shall absolutely

determine and the amount deposited as security for due performance of this contract may be

forfeited by him and upon his doing so shall become the property of the Executive Engineer,

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow .’

23. Arbitration-Arbitration proceedings shall be held at Lucknow, India, and the language of the

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

English or Hindi.

24. Construction of contract-The contract shall in all respects be construed and operate as a contract as

defined in the Indian Contract Act,1872, and all payment there under shall be made in Indian rupees

(INR) unless otherwise specified.

25. Vetting charges-The Government Conveyancer’s fees for vetting the contract documents,shall be paid

by the Contractor.

26. Marginal note-The marginal note to any clause of this contract shall not affect or control the

construction of such clause.

Executive Engineer

Computer Center

Irrigation and water resources department,

Uttar Pradesh, Lucknow.

21

SECTION-II(B)

SPECIAL CONDITIONS OF CONTRACT(SCC)

NOTE:

(i) These Special Conditions shall be read and construed along with the annexed General Conditions of Contract.

(ii) If any addition, deletion or alteration in the conditions of Contract is made consequent to directions

given by Government Conveyancer / Technical Audit cell / any other Government agency, and if on

account of such changes any financial liability is created, the same shall be to the bidder’s account.

(iii) No deviations from the technical specifications/conditions laid down shall be accepted in Technical

Part “B” of the e-Bid.

(iv) The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow is not bound to accept the lowest of any bid and may reject any or all the bids without

assigning any reason. The Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow may negotiate or re-tender on limited tender basis, if substantial

financial benefit is likely to accrue to Irrigation & Water Resources Department, U.P. This is known

as inviting Rock Bottom Rates, where in the bidders are given the choice to reduce their rates to the

minimum level possible. The Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow may also provide the counter offer rates, if need be, to the various

bidders in the best interest of the Government.

(v) The bidders shall submit the scanned copies of following as documentary proof for evaluation of

their technical bid in part-“B” of the document:-

(i) Average annual financial turnover during last 3 years, ending 31st march, 2017, should be at

least 30% of the estimated cost.

(ii) Experiance of having successfully completed similiar works during last 7 years ending last

day of month previous to the one in which applicants are invited should be either of the

following :- a) Three similar completed works costing not less than the amount equal to 40% of the estimated cost.

or

b) Two similar completed works costing not less than the amount equal to 50% of the estimated cost.

or

c) One similar completed works costing not less than the amount equal to 80% of the estimated cost.

(Self-certified photocopy of work order & successful completion certificates are to be provided towards the proof of the above)

1.0 SCOPE OF WORK FOR PREVENTIVE MAINTENANCE SERVICE:

This Bidding is for the Comprehensive AMC of various Computers & Printers with specifications

as given below.

Sl. No

Item of Work Qty.

Approx Working Days in a Year

Uptime Penalty per down time day in Rs.

1 2 3 4 5 6

1 Unix Support Pentium I computer 1 365 98% 100

2 Pentium HP Computer with 17’’ Monitor(computer

center) 90

365 98% 100

3 Desktop Computer HCL with17’’ Monitor(computer

center) 30

365 98% 100

4 Lenovo Computer with 17’’ TFT Monitor 10 365 98% 100

5 Laser Printer A4 size (HP 1020/1022) 31 365 98% 100

6 Laser jet Printer (HP 1007/1106) 17

7 Laser Printer A4 size (Hq 1606 DN) 117

22

The bidder who is awarded the work shall be responsible for -

1. Receiving of all complaints with respect to Computer Hardware and Peripherals maintained by

The Executive Engineer, Computer Center, Irrigation And Water Resources Department,

Lucknow or provide any other related service as may be instructed by The Executive Engineer,

Computer Center, Irrigation And Water Resources Department, Lucknow, issue call numbers

and monitor the rectification of lodged complaints so that the complaints lodged are attended on

same day.

2. Integration and testing of complete system shall be done as and whenever required. The

personnel deployed should be capable and fully aware of application software, commands,

installation and re-installation of devices, virus removal and integrity maintenance and any other

associated work, etc. to make the system/ equipment functional.

3. Hardware maintenance which includes routine corrective, preventive maintenance and

repair/replacement of all the parts/items of Desktop Computers, Printers, Multifunctional

Printers etc., in totality listed at BOQ and all the plastic parts except consumables are under this

COMPREHENSIVE AMC by the Contractor.

4. COMPREHENSIVE AMC shall cover Labour charges, required spares, breakage, burnt and

consumables except Floppies, CDs, Pen drives, Tapes and Ribbons/ Cartridges/Toners etc.

5. Hardware mentioned in BOQ if it is not non-repairable then need to be replaced with same

make and configuration. In case it is not possible, the same must be of better or equivalent

quality. In the service report, the details regarding the part number and serial number (if any)

must be brought out clearly.

6. After repairing the device, the same should be made ready for use along with installation of the

applications, connecting to LAN, updating Antivirus etc.

7. For Routine Corrective Maintenance of Computer Hardware and Peripherals maintained by The

Executive Engineer, Computer Center, Irrigation And Water Resources Department, Lucknow,

3(Three) Local Resident Engineer (for computer and printer) with a Mobile connection for easy

accessibility shall be posted at the office of Executive Engineer, Computer Center, Irrigation

And Water Resources Department, Lucknow.

8. Working hours of Local Resident Engineer shall be 09:30 hours to 18:00 hours, Monday to

Friday.

9. Preventive Maintenance for the whole computer system shall be done on Quarterly basis which

shall include external/ internal cleaning of the system, running the diagnostics / utilities to

determine the existing or likelihood faults and their removal. Detailed test to be carried during

Preventive Maintenance shall be worked out between The Executive Engineer, Computer

Center, Irrigation And Water Resources Department, Lucknow and Vendor.

10. Maintenance Contract shall consist of Quarterly Preventive Maintenance plus any No. of break

down calls as per complaint lodged.

11. Quarterly Preventive Maintenance shall include –

i) Complete Hardware Diagnostic Check

ii) Operating System Diagnostics

iii) Disk Defragmentation

iv) Delete unneeded temporary files

v) Updates and patches to operating system installed

vi) Compressed Air cleaning of keyboard

vii) Compressed air cleaning of system case and fans

viii) Clean mouse, if applicable

ix) Check and tighten loose cards and connections

x) Verify current and updated anti-virus status.

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12. The preventive maintenance shall in any case may be completed within the particular quarterly

and any slippage in this will attract a penalty of 3% of the annual contract amount.

13. System/ Equipment/ UPS uptime shall be minimum 98% in a year.

14. Vendor shall stock commonly used spares at the office of The Executive Engineer, Computer

Center, Irrigation And Water Resources Department, Lucknow for immediate replacement.

15. Complaint lodged by 4 p.m. between Mondays to Friday must be solved on the same day of

lodging the same, if a complaint lodged after 4 p.m, must be solved within 11 a.m. on next day.

Otherwise from the second day Rs. 100/- per day per hardware penalty may be charged till the

solution of the problem. If the solution requires more time, the bidder is supposed to provide

backup arrangement to supply hardware of same make and model no. In case of delay of more

than 7 days, The Executive Engineer, Computer Centre, Irrigation Department has the right to

cancel the agreement and forfeit the Bank Guarantee.

16.

Otherwise from the second day Rs. 100/- per day per hardware penalty may be charged till the

solution of the problem. If the solution requires more time, the bidder is supposed to provide

backup arrangement to supply hardware of same make and model no. In case of delay of more

than 7 days, The Executive Engineer, Computer Centre, Irrigation Department has the right to

cancel the agreement and forfeit the Bank Guarantee.

17. Downtime & Penalty

• Every defect in performance of equipment/Faults shall be registered in a complaint register

at computer centre at E-in-c office.

• List of faults will be collected by Contractor's Engineer, twice in a day i.e. at 12:00 noon

and at 4:00 pm. The faults must be rectified or standby equipment must be provided by the

contractor within 24 hours otherwise the equipment shall be treated as down and downtime

will be calculated starting from the time of entry of fault notice i.e. 12:00 noon or 4:00pm.

• 98% uptime for equipments should be maintained failing which a penalty will be imposed as

per table below.

• Superintendent Engineer/ Executive Engineer computer centre will have full right to wave

off this penalty fully or partially on genuine grounds.

• Uptime should be calculated assuming working hours from 9:30 am to 6:00 pm and 5/6

days in a week for computers and others equipments.

1.1 This Bid/ Contract shall be exclusively governed by the terms and conditions noted in the

following headings:

1. Invitation for Bids

2. Instructions to Bidders (ITB)

3. General Conditions of Contract (GCC)

4. Special Conditions of Contract (SCC)

5. Financial Bid

6. I.D Form No. 111

7. I.D Form No. 112

8. Certificate of Relationship

9. DECLARATION

10. BID FORM

11. FORM OF AGREEMENT

12. Form of Bank Guarantee for Earnest Money

13. Form of Bank Guarantee for Performance Security

14. Validity Commitment

15. Integrity Pact

16. Warranty Clause

17. Declaration regarding Blacklist

24

18. Form of undertaking

19. Form of Power of Attorney

20. Form of Bio-data of the Firm

21. Authorization letter by HP

22. I.D.T.-1 / Character certificate issued by Class-I Magistrate / Class-I officer

23. I.D.T.-2 / Photocopy of proof of immovable property with affidavit

24. I.D.T.-3

25. CHECK-LIST

& Letter of Acceptance of bid, annexed Agreement/Contract form and subsequent

amendments/Corrigendum issued from time to time under the provisions of the Contract by The

Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow and no other conditions other than those contained therein shall apply.

2.0 EARNEST MONEY/BID SECURITY: -

2.10 Bidders may please note that each bidding offer must be accompanied with Earnest Money (EMD) as

mentioned in e-bidding notice / bidding document against this bidding amounting duly pledged for

payment in favour of The Executive Engineer, Lucknow Division Sharda Canal, Lucknow valid for a

period of 01 year. Bid Security/ EMD can be submitted in the form of FDR/Bank Guarantee issued by

any nationalized/ Scheduled Commercial bank failing which their offer shall not be considered. In case

the opening of Part "A" is rescheduled or any other reason thereof, the validity shall be extended

accordingly by the bidder on the request by the department. The bidders, who refuse to grant extension

on the request of department, for an extension of the validity of their bids and bid securities, will have

their bid securities returned to them. Such bidders shall be deemed to have waived their right to further

participate in the bidding.

(a) Fixed Deposit Receipt.

(b) Bank Guarantee from any nationalized/ Scheduled Commercial bank on Non Judicial Stamp paper

of worth Rs 150.00 as per prevailing Government orders of U.P. duly affixing Revenue Stamp of

Rs. 1.00 there-upon on the prescribed proforma (Annexure- ‘EM’) as given in Section-V(A) ,

hereinafter. Due precautions shall be taken in preparation of Bank Guarantee in respect of

following:-

(i) The Non-Judicial Stamp Papers used in Bank Guarantee must be issued from Govt.

Treasury/Authorized Bank/ Authorized vendors and must be legally acceptable.

(ii) As per Indian Stamp Act 1899, the duty shall be payable by the person drawing, making and

executing the bond. The stamp paper used in Bank Guarantee shall be issued in the name of

Bank issuing the Bank Guarantee from the Treasury or authorized vendor.

(iii) Reference of offer of Bidders should be properly entered in the blank places of prescribed

Bank Guarantee format.

(iv) The Bank Guarantee Bond shall be written in such manner that stamp may appear on the

face of the bond.

(v) All the cutting and erasures shall be properly authenticated and if any additional paper is

required, only water marked paper shall be used.

2.20 EXEMPTION FROM EARNEST MONEY:-

(a) As per U.P. Government G.O. No. 2119/18-5-2002-52(SP)/98 dated 21.11.02, and Uttar Pradesh

procurement manual published by letter no. 5/2016/253/18-2-2016-3(SP)/2010 dated 01.04.2016

SSI unit registered for participation under STORES PURCHASE PROGRAMME with Director of

Industries, U.P. or National Small Industries Corporation (NSIC) for the tendered item are

exempted from depositing the Earnest Money.

(b) Micro and Small Enterprises and Industrial Co-operatives within State of Uttar Pradesh which are

certified as such by the Commissioner and Director of Industries or by Deputy Commissioner,

District Industries Centre, are exempted in respect of certified items from furnishing earnest

money deposit in support of tenders submitted by them. The Khadi and Village Industries Co-

operative Societies within the State, registered as such with the Khadi and Village Industries

Board/ Khadi and Village Industries Commission on furnishing proof of such registration are also

exempted from furnishing earnest money deposit.

25

(c) Micro and Small Enterprises registered with the National Small Industries Corporation Limited,

New Delhi (NSIC) and in respect of which competency certificates are issued by the NSIC will be

exempted from furnishing earnest money deposit.

(d) Government institutions/ State Public Sector Undertakings, which manufacture and supply goods,

are exempted from furnishing earnest money for tenders.

However, they are required to submit Scanned copy of their request along with copy of their valid

registration as desired, duly attested by Public Notary in Part-‘B’ of their tender offer, failing

which exemption shall not be admissible. 2.30 FORFIETURE OF EARNEST MONEY :

The bidder should note carefully that in the event of the breach of any terms and conditions or

subsequent commitment assurance forming part of their tender, the Executive Engineer, Computer

Center, Irrigation & Water Resources Department, U.P., Lucknow shall have unquestionable right to

reject the tender and forfeiture of Earnest Money. In the event of bidder’s offer being accepted, bidder’s

failure for signing the agreement on or before the scheduled date as stipulated in the acceptance letter,

earnest money deposited with the department shall be liable for forfeiture and no claim whatsoever shall

be entertained in such case.

2.40 RELEASE OF EARNEST MONEY:

The Earnest Money Shall be released after the finalization of contract without any interest whatsoever,

however the Earnest Money of unsuccessful Bidders may be released earlier.

3.0 PRICES: 3.1 The Item wise prices quoted in the schedule of Prices & Quantities Schedule “A” Section-IV (A)

shall be per Unit price & exclusive of GST (IGST/ CGST/SGST), up-to destination for any station

in U.P. Prices shall be distinctly shown in respective column along with the quoted prices, failing

which offer may not be considered.

3.2 The price shall be F.O.R. destination duly insured for any loss/damage during transit including

transportation, GST (IGST/CGST/SGST) and other charges if any.

3.3 Any other taxes, should be mentioned clearly.

4.0 Bidder claiming tax under goods and services tax shall ensure that prices of required stores/equipment

quoted after taking Input Tax Credit in to account shall be passed on to Executive Engineer, Computer

Center, Irrigation & Water Resources Department, U.P., Lucknow’s consignee account.

5.0 (a) GOODS & SERVICE TAX:

5.1 GST (IGST /CGST/SGST) of any description whatsoever where leviable and intended to-be

claimed from the Executive Engineer, Computer Center, Irrigation & Water Resources Department,

U.P., Lucknow, whether as part of price or by way of tax in pursuance of statutory provisions,

applicable to the Bidder, the same shall be distinctly shown along-with the prices quoted in BOQ i.e.

Schedule of prices & Quantities (Schedule “A”). The type of GST imposed must be explicitly

mentioned and filled manually upto maximum two decimal places, in the appropriate cell of the

BOQ. Where this is not done, all claims for payment or reimbursement of GST(IGST/

CGST/SGST) of any description what so ever whether as a part of the prices or as tax shall be

deemed to have been waived off on all the occasions and no such claims shall be entertained on any

ground whatsoever.

5.2 The GST(IGST /CGST/SGST) shall be payable at concessional rates as admissible against Govt.

Supplies.

5.3 In case GST and other duties / levies, if any, is quoted as inclusive in the prices, the bidder shall

clearly mention the rate at which it is included in the prices with documentary proof failing which

the statutory enhancement in GST (IGST/ CGST/SGST) shall not be payable to the bidder but in

case of statutory reduction in GST the same shall be to Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow ’s account.

5.4 Any statutory variation in the tariff of GST(IGST/ CGST/ SGST) shall be to Executive Engineer,

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow ’s account during the

stipulated Delivery Period.

5.5 Any other statutory orders of the Govt., if applicable at the time of supplies, shall come in force

after due approval by the Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow.

26

5.6 Bidder shall give an undertaking along- with their offer in Part “B” of the bid on Rs. 100.00

Non-Judicial stamp paper that prices of required stores/equipment & GST(IGST /CGST/SGST)

have been quoted after taking INPUT TAX CREDIT of the inputs into account and same shall be

passed on the Executive Engineer, Computer Center, Irrigation & Water Resources Department,

U.P., Lucknow’s consignee account.

(b) TOLL TAX & OTHER TAXES:

The prices shall be quoted exclusive of Octroi, Toll Tax, other taxes such as entry tax and local

duties imposed by State/ Central Govt. These taxes, if applicable, shall be paid extra on actual basis

on production of documentary proof of their payment and any statutory variation in the same during

stipulated delivery period shall be to the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow ’s account.

6.0 DISCOUNT:

Any discount, other than prompt payment discount, shall be distinctly mentioned in commercial offer.

7.0 COMPARISON OF PRICES:

The comparison of the prices shall be on the basis of F.O.R. Destination (Landed Rates) inclusive of

Basic rates with GST(IGST/CGST/SGST), Forwarding Charges, Freight and Transit Insurance etc. for

item as to be submitted in Section-IV-(A).

8.0 PRICE/PURCHASE PREFERENCE:

Bidder claiming for price preference, must submit the scanned copy of relevant Government Order

issued & in force till the last prescribed date of submission of offer along with request letter for seeking

price preference under relevant clause of Government Order in Part “B” of the bid.

Price/Purchase preference to the firm shall be considered only as per prevalent rules/Govt. orders

in force, on the request of the firm, but in no case, firm shall be allowed higher rates other than the

lowest rates, received in the biddings.

9.0 PERFORMANCE GUARANTEE: The performance of the material as specified in the Technical Specifications annexed and as to-be

supplied shall have to be guaranteed for a period of 12 calendar months from the date of receipt of

material, at consignee’s stores. If any defect in respect of Material, design/Workmanship/Quality or

design etc. is noticed during this period, the material shall be replaced as the case may be, by the Bidder

at his own cost & risk within 15 day positively from the date of intimation of the defect, otherwise firm

shall be debarred / blacklisted. Firm shall upload/submit form of warranty clause (Annexure “WC”) duly

filled in to fulfill performance guarantee.

10.0 SECURITY DEPOSIT AND PERFORMANCE SECURITY:-

In the event of a contract being placed on a bidder whether registered with Director of Industries of the

State/ industries /N.S.I.C./ D.G.S.& D./ Khadi and Village Industries Co-operative Societies within the

State of Uttar Pradesh, registered as such with the Khadi and Village Industries Board/Khadi and Village

Industries Commissioner or not, he shall have to deposit Security money amounting to 10% value of the

contract, performance guarantee (As per GO - 622@23&12&2012&2 vkfMV@08] Vh0lh0 fnukad 08-06-2012) and stamp duty as per rules within the time mentioned in the acceptance letter, failing which it will be

assumed that the firm is not interested in entering into Agreement and the offer may be ignored at risk

and expenses of the firm and earnest money shall be forfeited.

The aforesaid Security deposit and Performance Security shall be deposited in the form of FDR/ Bank

Guarantee issued by a nationalized/scheduled commercial Bank, valid for payment for a period of 12

months from the date of issue of Contract duly pledged for payment in the name of The Executive

Engineer, Lucknow Division Sharda Canal, Lucknow for the purpose mentioned above and mentioned

hereinafter.

The Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow shall be at liberty at any time to appropriate and apply any security so deposited as aforesaid in

or towards payment or satisfaction of Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow or any amount which shall become due for owing by the Bidder

to the Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow

by virtue of this Contract or other contracts provided anything contained in this clause shall not prejudice

any other remedy to which the Executive Engineer, Computer Center, Irrigation & Water Resources

27

Department, U.P., Lucknow may be entitled for the recovery of such money available and this Security

deposit/Performance Security subject to such deductions as aforesaid be refundable to the Bidder after

satisfactory completion of supplies against Contract in accordance with the terms and conditions of the

Contract.

If the quantity to-be supplied is increased at any stage, the Bidder shall be required to deposit

additional Security deposit @10% of the Contract Value of the quantity increased before commencement

of such dispatches.

11.1 EXEMPTION FROM PERFORMANCE SECURITY:

(a) As per U.P. government G.O. No.2119/18-5-2002-52(SP)/98 dated 21.11.02, and Uttar Pradesh

procurement manual published by letter no. 5/2016/253/18-2-2016-3(SP)/2010 dated 01.04.2016

SSI unit registered for participation under STORES PURCHASE PROGRAMME with Director

of Industries, U.P. or National Small Scale Industries Corporation (NSIC) for the tendered item

are exempted from depositing the Earnest Money.

(b) Micro and Small Enterprises and Industrial Cooperatives within State of Uttar Pradesh which are

certified as such by the Commissioner and Director of Industries or by Deputy Commissioner,

District Industries Centre, are exempted in respect of certified items from furnishing earnest

money deposit in support of tenders submitted by them. The Khadi and Village Industries

Board/Khadi and Village Industries Commission on furnishing proof of such registration are also

exempted from furnishing earnest money deposit.

(c) Micro and Small Industries registered with National Small, New Delhi (NSIC) and in respect of

which competency certificates are issued by the NSIC will be exempted from furnishing earnest

money deposit.

However, they are required to submit Scanned copy of their request along with copy of

their valid registration as desired, duly attested by Public Notary in Part- ‘A’ of their tender offer,

failing which exemption shall not be admissible.

11.2 FORFEITURE OF PERFORMANCE SECURITY:

Performance security is to be forfeited and credited to Government Account in the event of a breach of

contract, non-performance and misconduct by the supplier, in terms of the relevant contract.

11.3 REFUND OF PERFORMANCE SECURITY:

Performance Security shall be refunded to the supplier without any interest, whatsoever, after the

completion of contract period.

12.0 USE OF CORRECT STORES/ MATERIAL:

The Supplier shall ensure that only those items, which are correct and according to stipulated Technical

Specifications, are used. In the event of discrepancies being found subsequent to the completion of the

supplies, the Supplier shall be bound to replace/ rectify them by correct stores free of cost to the

Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow as per

“PERFORMANCE GUARANTEE /SECURITY” Clause 10.0 and 11.0 given herein before.

13.0 REPLACEMENT/ RECTIFICATION OF DEFECTIVE PARTS/ REJECTION: If the parts is found defective / unsuitable or rejected at consignee’s stores/ site, the same will be reported

to the bidder along with the detailed defect report within 15 days from the date of notice of such

defect by the consignee. The bidder shall replace/rectify the defective/rejected material free of cost

within 15 days from the date of reporting by the consignee, failing which the cost of material inclusive of

all taxes and duties shall be recovered from the pending dues/ security deposit/Performance Security

deposited by the bidder or both as the case may be. In the event of Govt. work being suffered on account

of delay in replacement/rectification of material by the bidder, the Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow shall be at discretion to purchase the material

at the prevailing market price and in such case bidder shall have to reimburse the excess amount if paid

or else the same shall be recovered from the Performance Security deposited by the bidder or the dues

pending with the department or both as the case may be.

28

14.0 DELAYED DELIVERY:

The bidder shall not be allowed to detain / delay the supplies abnormally and in the exigencies of Govt.

work suffering for want of the said supplies, the Executive Engineer, Computer Center, Irrigation &

Water Resources Department, U.P., Lucknow issuing Agreement/Contract shall be at liberty to, rescind/

cancel the order placed on the bidder and arrange the same supplies at prevailing market rate and the

higher price, if any paid against such supplies shall be recoverable from the bidder from his dues pending

with the Department / security deposit / Performance Security deposited by the bidder or both.

15.0 RESPONSIBILITY FOR SAFE TRANSPORTATION: The firm shall ensure safe delivery of material up to the railway destination / consignee’s stores as the case

may be. In case of material being dispatched by rail & there is any evidence of loss or damage, the

consignee shall acquire necessary certificate for such loss / damage / shortage from the appropriate

Railway Officials before taking delivery and lodge the claims with the Railways within 15 days from the

date of receipt of consignment under intimation to the firm and the Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow. However this is the responsibility of the firm to

ensure that consignee receives the complete delivery of material as shown in invoice in intact conditions.

In case of material dispatched through road transport, the consignee shall report the loss/damage/

shortage in the consignment received at consignee’s store to the firm under registered cover within 15

days of receipt of material under intimation to and the Executive Engineer, Computer Center, Irrigation

& Water Resources Department, U.P., Lucknow

16.0 FORCE MAJEURE CLAUSE:

If at any time during the pendency of this contract, the performance in whole or in part without the

consent of Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow or any obligation under this contract is prevented or delayed by the reasons of any war,

sabotage, fires, floods, strikes, lock-out, explosion, epidemics, quarantine restriction or other act of God,

King, Government or ruler (hereinafter referred as eventuality), if the notice of happening of such

eventuality is given by the Supplier to the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow within 15 days from the date of occurrence of such eventuality

thereof, the Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow shall neither terminate contract nor claim any damages in respect of such nonperformance or

delay for the reasons as mentioned herein before, but the Comprehensive AMC of various Computers &

Printers shall be resumed as soon as possible after such eventualities have come to an end or ceased to

exit. However, the decision of and the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow shall be final in such cases.

17.0 NOTICE TO BIDDER:

Any notice given to the bidder shall be posted under Registered Cover / Speed Post /Fax to their address

and e-mail address. The Bidder is therefore required to give their complete postal, telephonic & e-mail

address including fax no. Such posting other than fax message shall deemed good service of such notice

and the time mentioned therein for doing any act after notice shall be reckoned from the date on which

such notice should normally reach him i.e. One Week.

18.0 RESPONSIBILITY OF THE BIDDER:

The bidder shall be entirely responsible for execution of the contract in accordance with the terms and

conditions contained in Instructions to Bidders, Special conditions of Contract, General Conditions of

Contract, Constituents of Different Parts of bidding offer, Technical Specifications/ conditions,

Schedule of Prices & Quantities annexed here to and including other annexure to the Contract,

subsequent amendments / Corrigendum issued from time to time under the various provisions of the

contract by the Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow.

19.0 VAT/ GOODS & SERVICE TAX SUBMISSION CERTIFICATE:

Bidder shall upload scanned copy of their GST filing certificate of last quarter / month. Failure to

produce the said certificate will render their tender liable to be ignored.

29

20.0 DEVIATION:-

No deviation from the technical specifications/ conditions shall be acceptable in Technical Part "B" of

the bidding offer.

21.0 EVALUATION OF BIDDINGS: Bidders may please note that each & every Part of the Bidding shall

be evaluated in accordance with the relevant clauses of the bidding documents.

Note: Bidders may please note that if any of the preceding part of the bidding is not found

responsive, the next Part of the bidding shall not be opened & no claim what so ever shall be

entertained.

22.0 PROGRESS OF SUPPLIES

The bidder shall also be responsible to report the progress of supplies, as and when asked for, to the

office of the Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow, failing which it shall be taken as breach of contract and necessary action against the bidder

shall be taken as per clause-23 of General condition of Contract.

23.0 NON PERFORMANCE:

In the event of non-performance of any kind during the pendency of the contract, this shall be treated as

misconduct on the part of the firm and the firm may be black listed along with penal action as per

conditions stipulated in tender/contract.

24.0 DISPUTE:

All disputes arising out of this Contract shall be subjected to the provisions of Arbitration and

Conciliation Act –1996 and subsequent amendment thereof. Disputes not covered under the arbitration

provisions shall be subjected to the territorial jurisdiction of Lucknow Courts only.

25.0 FAIR TRADE PRACTICES:

Fair Trade practices are to be adopted by the tenderer / contractor / supplier, failing which the Executive

Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow reserve the right

to cancel / rescind the tender / contract / agreement / supply order. Liabilities if any, due to unfair trade

practices, shall be tenderer’s / contractor’s / supplier’s account and shall be realized from them.

26.0 ENVIRONMENTAL CONSIDERATIONS AND SOCIAL RESPONSIBILITY OF BIDDER:

Bidders have the obligation to comply with the rules, regulation and other laws concerning child labour,

sexual exploitation and the fundamental rights of workers, health and safety, working conditions,

freedom of association, environment, non-discrimination, human rights, and anti-corruption measures.

27.0 DEBARMENT FROM BIDDING:

(1) A bidder shall be debarred if he has been convicted of an offence:

(a) Under the Prevention of Corruption Act, 1988 (Central Act No.49 of 1988) (PC Act); or

(b) under the Indian Penal Code, 1860 (Central Act No.45 of 1860) (IPC) or any other law for the

time being in force, for causing any loss of life or property or causing a threat to public health as

part of execution of a public procurement contract.

(2) If bidder has breached the code of integrity prescribed as per Annexure-IP

(3) Where the entire bid security or the entire performance security or any substitute thereof, as the case

may be, of a bidder has been forfeited by a procuring entity in respect of any procurement process or

procurement contract.

28.0 BREACH OF CODE OF INTEGRITY:

In case of any breach of the code of integrity by a bidder or prospective bidder, as the case may be,

following appropriate measures can be taken-

(1) Exclusion of the bidder from the procurement process;

(2) Calling off of pre-contract negotiations and forfeiture or encashment of bid security;

(3) Forfeiture or encashment of any other security or bond relating to the procurement;

30

(4) Recovery of payments made by the procuring entity along with interest thereon;

(5) Cancellation of the relevant contract and recovery of compensation for loss incurred by the procuring

entity;

(6) Debarment of the bidder from participation in future procurements.

29.0 INTEGRITY PACT:

To use, practice and observe all the best, clean, ethical, honest and legal means and behaviour

maintaining complete transparency and fairness in all activities concerning Registration, Bidding,

Contracting/Rate Contracting and performance thereto, for which bidder is required to submit an

'Integrity Pact' as per Annexure- IP in the Technical Part “B” of their bid.

30.0 ETHICAL BEHAVIOUR OF THE BIDDERS

The bidders should refrain from extreme case of unethical behaviour & should not engage in corrupt

practices, such as:

(1) 'Corrupt Practice' i.e. offering, giving, receiving, or soliciting, directly or indirectly, anything of

value to influence improperly the action of another party;

(2) 'Coercive Practice' i.e. impairing or harming, or threatening to impair or harm, directly or

indirectly, any party or property of the party to influence improperly the actions of a party;

(3) 'Fraudulent Practice' i.e. any act or omission, including a misrepresentation, that knowingly or

recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to

avoid an obligation;

(4) 'Collusive Practice' i.e. an arrangement between two or more parties designed to achieve an

improper purpose, including influencing improperly the actions of another party result in bids at

artificial prices that are not competitive.

31.0 INCOME TAX CLEARANCE DOCUMENTS:

Bidder shall submit/upload copy of permanent account number of firm and copy of latest relevant

Income Tax return (ITR) form (not older than last two financial years)

Executive Engineer

Computer Center

Irrigation and water resources department,

Uttar Pradesh, Lucknow.

31

Schedule-“A”

SECTION-IV(A)-SCHEDULE OF PRICES & QUANTITIES/BOQ

e-TENDER NOTICE NO. 07/EE/2017-18

FOR THE COMPREHENSIVE AMC OF VARIOUS COMPUTERS & PRINTERS

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow.

Sl.

No

Item Description Qty Units Unit Rates

in figures to

be entered

by the

bidder

(In Rs. P)

Unit Rate In

Figures To be

entered by

the Bidder

(In Rs. P)

GST

%age In

Figures

To be

entered by

the Bidder

GST

Amount

(In Rs. P)

Unit Price

with GST

(In Rs. P)

TOTAL

AMOUNT

Without

Taxes

(In Rs. P)

TOTAL AMOUNT With Taxes

(In Rs. P)

1 2 3 4 5 6 7 8 9 10 11

1. Unix Support Pentium I

computer

1 No.

2. Pentium HP Computer with

17’’ Monitor(computer

center)

90 No.

3. Desktop Computer HCL

with17’’ Monitor(computer

center)

30 No.

4. Lenovo Computer with 17’’

TFT Monitor

10 No.

5. Laser Printer A4 size (HP

1020/1022)

31 No.

6. Laser jet Printer (HP

1007/1106)

17 No.

7. Laser Printer A4 size (Hq

1606 DN)

117 No.

Total In Figure

Total In Words

Any statutory tax other than mentioned above…………………………………….

All rates are F.O.R…………………………..

Note : 1. The part of GST as applicable along with rate of percentage must be mentioned in

appropriate cell of schedule.

(Signature of the Bidder)

32

I.D Form No. 111

CONDITIONS OF CONTRACT

Further deposit

Deduction from

payment

Clause 1– The persons whose tender is accepted (herein after called the

contractor) shall within one week after his or their tender has been accepted,

deposit with the Government of Uttar Pradesh (here in after called the

Government) either in cash or in securities as provided in paragraph 614 of the

Financial Hand book, Volume VI such sum as will with the earnest money

deposited with the tender amount to Rupees …………………. and where any

securities so deposited is not payable to bearer, the contractor shall endorse or

transfer it to the said Government in such a manner that the sum represented by it

can be realised without the consent or assistance of the contractor. Apart from the

earnest money deposited with the tender, the contractor shall also deposit balance

security amount @ 8% of the cost of work at the time of agreement in cash or in

the form of Government Securities or Fixed Deposit receipts or Guarantee Bonds

of any Nationalised Bank in India.

Security Deposit If the security is furnished in the form of guarantee bonds the contractor

undertakes to renew or to furnish fresh guarantee to cover the period of time

extension, if any, and failure on his part to do so shall be construed as a breach of

this contract and without prejudice to any other remedy provided in these

conditions the Engineer-in-Charge shall have right to withheld the payment and

deduct the entire security amount from moneys becoming payable to the contractor.

The amount of security money shall, if not withheld on the account of breach of

contract be refunded after six months of the date of completion of the work or after

payment of the final bill, which ever is later, subject to the condition that in case of

the building work of the first rainy season comprising of months of June, July,

August & September is not fully covered within the period of six months

mentioned above, the amount of security money, if not withheld on account of

breach of contract, be refunded after the expiry of the first rainy season comprising

of the months mentioned above or after the payment of the final bill which ever is

later.

Provided that in case the payment of the final bill is not made within six

months of the completion of the work, 75% of the amount of the security money

can be refunded with the prior approval of the authority next higher to the person

accepting the contract on behalf of the Government.

All compensation or other sums of money payable by the contractor to

Government under the terms of this contract may be deducted from or realised by

the sale of a sufficient part of his security deposit, or from the interest arising there-

from or from any sums which may be due or may become due to the contractor by

the Government on any account whatsoever and in the event of his security deposit

33

being reduced by reason of any such deduction or sale as aforesaid, the contractor

shall within 10 days thereafter make good in cash or Government securities

endorsed as aforesaid any sum or sums which may have been deducted from or

raised by sale of his security deposit or any part thereof.

EXPLANATION– For the purpose of this clause if the work under this

contract includes construction, reconstruction of repair or any structure having roof

over it, the whole work will be classed as building work.

Clause 2-A— Time is the essence of the contract. The contractor shall

commence and shall complete the work covered by the tender on the dates fixed by

the Executive Engineer for the commencent and completion of such work and shall

in the interval between those dates keep the work up so the schedule of quantities

and dates shown in the Progress Statement to be signed by the contractor and

attached to the tender the contractor and attached to the tender. If the work falls in

arrears of the Progress Statement either in quantity or in time, then for every day

that the work is so in arrears the contractor shall be liable to pay as compensation

an amount equal to one percent or such smaller amount as the Engineer (whose

decision in writing shall be final) may decide, on the estimated cost of the whole

work : Provided always that the entire amount of compensation to be paid under the

provisions of this clause shall not exceed ten percent of the estimated cost of the

work as shown in the tender.

(Clause 2-B— To be used instead of 2-A when the latter is from the nature

of the work impracticable).

Compensation for

delay.

Clause 2-B— Time is the essence of the contract. The contractor shall

complete the work within the period specified in the tender. Such period shall be

reckoned from the date on which the order to commence work is given, to the

contractor. The Contractor shall at all times during such period proceed with the

work with due diligence and he shall pay as compensation an amount equal to one

percent or such smaller amount as the Engineer (whose decision in writing shall be

final) may decide on the amount of the estimated cost of the whole work as shown

in the tender for every day that the work remains uncommenced, or unfinished after

the proper dates. And further, in order to ensure good progress during the execution

of the work the contractor shall be bound in all cases in which the time allowed of

any work exceeds one month to complete one-fourth of the value or quantity (as the

………………….. Engineer may determine) of the whole of the work before one-

fourth of the whole-time allowed under the contract elapsed; one-half of the value

or quantity (as the ………………………. Engineer may determine) of the work

before one-half of such time has elapsed; and three-fourths of the value or quantity

(as the ……………………… Engineer may determine) of this work before three

fourths of such time has elapsed. If the contractor fails to comply with this

condition he shall be liable to pay as compensation an amount equal to one percent

34

Action by which

whole of security

deposit is forfeited.

of such smaller amount as the ………………… Engineer (whose decision in

writing shall be final) may decide on the said estimated cost of the whole work for

every day that the quantity of work remains incomplete. Provided always that the

entire amount of compensation to be paid under the provision of this clause shall

not exceed ten percent on the estimated cost of work as shown in the tender.

Clause 3—(i) In any case in which under any clause or clauses of his contract

the contract the contractor shall have rendered himself liable to pay compensation

amounting to the whole of the security deposit (whether paid in one sum or

deducted by installments) the …………………….. Engineer shall have power to

adopt such of the following courses as he may deem best:

(a) He may rescind the contract by giving the contractor notice of rescission

signed by the …………… Engineer and may then take the whole of the contractor's

security deposit for the use of Government as compensation for the loss caused by

the contractor's default.

(b) He may, after giving the contractor …………………. days notice in

writing of his intention to do so, measure up the work done by the contractor and

then employ and pay labourers and supply or procure materials and carry out all or

any part of the work himself on behalf of Government debiting the contractor with

the actual cost and crediting him at the contract rates with the value of the work so

done, and may postpone till completion of the work so taken over assessment of the

compensation to be paid by the contractor. If any work is so taken over by the

……………… Engineer the certificate in writing of the ………….... Engineer as to

its cost and value shall be final and conclusive against the contractor.

(c) He may, after giving the contractor ………………… days notice in

writing of his intention to do so, measure up the work done by the contractor, take

the work out of his hands and give a contract for its completion to another

contractor and may postpone till the completion of the work the assessment of the

compensation to be paid by the original contractor. If the …………………….

Engineer elects to give the completion of the work to another contractor, the

original contractor shall pay expenses which may be incurred in excess of the sum

which would have been paid to him if the whole work had been carried out by him,

and a certificate in writing of the ……………… Engineer or of the

……………………. shall be final & conclusive as against the contractor as to the

amount of any such expenses.

(ii) If the …………………… Engineer does not desire to do so the work, the

contractor shall not be entitled to compensation for any loss sustained by him by

reason of his having purchased or procured any materials, or entered into any

engagements, or made any advances on account of or with a view to the execution

of the work or the performance of the contract; and shall not be entitled to recover

or be paid or be given credit for any sum for any work therefore actually performed

35

by him under this contract, unless and until the ……………… Engineer or

……………………………… acting under his order shall have certified in writing

the performance of such work and the value thereof the contractor shall only be

entitled to be paid the value as so certified.

(iii) If upon any occasion the …………………. Engineer abstains from

exercising the powers given to him by this clause, such abstention shall not prevent

him from exercising such powers upon a subsequent occasion if the contractor

again makes default; nor shall such abstention absolve the contractor from liability

to pay compensation for any default which he may have made.

Contractor remains

liable to pay

compensation if

action not taken under

clause 3.

Power to take

possession of or

require removal of or

sell contractor's plant.

Clause 4— If the …………………….. Engineer exercise any of the powers

given to him by clause 3 he may, if he so desires take possession of all or any tools

plant materials and stores in or upon the work or the side thereof and belonging to

the contractor or procured by him and intended to be used for the execution of the

work or any part thereof, and pay or allow the contractor for the same at the

contract rate, or in the case of these not being applicable, at current market rates to

be certified by the …………….. Engineer, whose certificate thereof shall be final,

and if the ……………………. Engineer does not desire to do so, the

……………….. Engineer may, by notice in writing to the contractor or his clerk or

the work's foreman or other authorized agent, required him to remove such tools,

plant, material or stores from the premises (within a time to be specified in such

notice); and if the contractor fails to comply with any such requisition, the

……………… Engineer may remove them at the contractor's expense and at his

risk in all respects by auction or private sale and the certificate of the …………....

Engineer as to expenses of any such removal and the expenses of any such sale

shall be final and conclusive against the contractor.

Extension of times Clause 5— If the contractor desires an extension of the time for completion

of the work on the ground of any unavoidable hindrance to its execution having

arisen, he shall apply in writing to the …………………. Engineer within 30 days

the existence of such hindrance first becomes known to him and the

…………………………. Engineer shall if in his opinion (which shall be final)

reasonable grounds be shown therefore, authorise such extension of time as may, in

his opinion be necessary or proper.

Final certificates Clause 6— On completion of the work the contractor shall send a registered

notice to the ……………………………. (thereinafter called Engineer-in-Charge)

giving the date of completion and shall also send a copy of such notice to the

……………… Engineer, and shall request the Engineer-in-Charge to give a

certificate of completion. No such certificate will be given nor shall the work be

considered to be complete until the contractor has removed from the premises on

which the work has been executed all scaffolding, surplus materials and rubbish,

and cleaned all wood-work, door, windows walls floor or other part of any building

36

in, upon or about which the work has been executed or of which he may have had

possession for the purpose of the execution thereof, and, if the contractor fails to do

so on or before the date fixed for completion of work Engineer-in-Charge may do

so, and may sell such scaffoldings and materials as have not been removed by the

contractor and contractor shall forthwith pay all expenses so incurred and shall

have no claim in respect of any such scaffolding, surplus materials as aforesaid

except for any sum actually realized by the sale thereof. On completion the work

shall be measured by the Engineer-in-Charge, whose measurements shall be

binding and conclusive against the contractor.

Payment on inter-

mediate certificate to

be regarded as

advances.

Clause 7— In the case of work estimated to cost more than rupees one

thousand, the contractor shall, on submitting the bill thereof be entitled to receive a

monthly payment proportionate to the part thereof then approved for such purpose

by the Engineer-in-Charge, whose certificate of approval and passing of the sum so

payable shall be final and conclusive against the contractor. But any such payments

will only be made as advances to be credited to Government in the final settlement

of accounts, with the contractor and not as payment for work completed and

passed, and the making of-any such payment shall not either preclude the

…………….. Engineer or ………………………... from requiring the contracts to

remove or reconstruct or re-erect any work on the ground that such work is bad,

unsound, imperfect or unskilled or prevent Government from enforcing any claim

against the contractor on account of any default by him or conclude, determine or

affect in any way the default by him or conclude, determine or affect in any way

the powers of the Engineer-in-Charge under these conditions or any of them as to

the final settlement and adjustment of the accounts or otherwise or in any other way

vary or affect the contractor. The Engineer-in-Charge's certificate of the

measurement and of the total amount payable for the work shall be final and

binding on all parties.

Inability to complete the

work.

Clause 8— If the contractor abandons, or is unable to complete the work, the

………………………. Engineer may certify in writing the value of the work done

by the contractor towards the completion of the contract. Such a certificate shall be

final and conclusive against the contractor and he will not be paid more than the

value of such work as so certified irrespective of the contract rates.

Lump sum in

estimates.

Clause 9— When the estimate on which a tender is made includes lump sum

in respect of parts of the work, the contractor shall be entitled to payment in respect

of the items of work involved, or the part of the work in question at the same rates

as are payable under this contract for other such items of work, unless the part of

the work in question is not in the opinion of the Engineer-in-Charge, capable of

measurements in which case the Engineer-in-Charge, may pay such lump sum as he

may determine to be the value thereof, and the certificate in writing of the

37

Engineer-in-Charge shall be final and conclusive against contractor as to the basis

upon which payment is to be made in such cases and as the amount to be paid.

Bill to be submitted

monthly.

Clause 10— Every month on or before a date to be fixed by the Engineer-in-

Charge the contractor shall if so required, submit a bill for all works executed by

him during the previous month and the Engineer-in-Charge shall take or cause to be

taken all measurements necessary for checking the contractor's bill and adjusting

his claim as speedily as possible. if the contractor does not submit his bill within

the time so fixed, the Engineer-in-Charge may after giving the contractor …… days

notice in writing measure or depute some one to measure such work in the presence

of the contractor whose signature on the list of measurements shall be sufficient

authority to the Engineer-in-Charge to draw up a bill based on such measurements

and any bill drawn up shall be binding on the contractor. If the contractor fails to

attend when such measurements are taken, such measurements shall be binding on

him, and if he attends but refuses to sign the list of measurements, the matter shall

be referred to the immediate superior of the Engineer-in-Charge whose decision

shall be binding on the contractor.

Bills to be on printed

forms.

Clause 11— The contractor shall submit all bills on the printed form which

will be supplied to him at the office of the Engineer-in-Charge and all items in such

bills shall be charged at the rates specified in the tender or in the case of any extra

work ordered in pursuance of these condition; and not mentioned or provided for in

the tender, at the rates here-in after provided for such work.

Stores supplied by

Government.

Clause 12— If the specification or estimate of the work provides for the use

of any special description of materials to be supplied from the Engineer-in-Charge's

store, or if it is required that the contractor shall use certain stores to be provided by

the Engineer-in-Charge (such materials and stores and the prices to be charged

thereof as hereinafter mentioned being so far as practicable and for the convenience

of the contractor specified in the Schedule hereto annexed but not so as in any way

to control the meaning or effect of this contract), the contractor shall be supplied

with such materials and stores as may from time to time be required by him for the

purposes of the contract but only for such purposes and he shall pay for the same at

the rates specified in the said Schedule or if no rates are so specified at cost price as

defined in clause 13 thereof.

All materials so supplied to the contractor will become the property of the

contractor, but shall not on any account be removed from the site of the work until

the whole work is certified to be completed by the …………….. Engineer, except

with the written permission of the ……………. Engineer, and shall at all times be

open to inspection by the Engineer-in-Charge. The …………… Engineer shall,

however, have the option to take over any such materials, if unused at the time of

the completion or termination of the contract at the specified issue rate or the

current market rate, whichever is less.

38

Clause 13— All articles required by the contractor for the construction of the

work and which the contractor is to supply himself, shall be obtained by the

contractor from the firms which the Director of Industries has made arrangements

and if for the supply of any article no such arrangements have been made, any such

articles supplied by the contractor shall conform to such specification and/or tests,

if any, as may be prescribed by the Director of Industries in consultation with the

consuming department.

Stores imported from

Europe to be obtained

from Government.

Clause 14— The contractor shall obtain from the stores of the Engineer-in-

Charge, all such imported stores or materials as may be required in any

considerable quantity for the work or any part thereof or for making up articles

required therefore or in connection therewith. The value of such stores and articles

as may be supplied to the contractor by the Engineer-in-Charge will be debited to

the contractor in his account at the rates shown in the Schedule attached to the

contract and if they are not entered in the Schedule they will be debited at the cost

price, which for the purpose of this contract shall include the cost of carriage and

all other expenses whatever which shall have been incurred in obtaining delivery of

the same at the stores aforesaid. The …………. Engineer may issue materials to a

contractor from existing stock if he ask for any excess of these entered in the

schedules. In such cases the price charges will be stock rate or the market rate

which ever is greater.

Work to be executed in

accordance with

specifications, drawings

orders, etc.

Clause 15— The contractor shall execute the whole and every part of the

work in the most substantial and workmanlike manner and in every respect in strict

accordance with the specification both as regards materials and otherwise. The

contractor shall also conform exactly, fully and faithfully to the designs, drawings

and instructions in writing relating to the work signed by the Engineer-in-Charge

and lodged in his office, and the contractor shall be entitled to inspect the same

during office hours and may at his own expense have copies of the specifications,

and of all such designs, drawings and instructions as aforesaid made for his own

use.

Alterations,

specification and

designs.

Do not invalidate

contract

Clause 16— The Engineer-in-Charge shall have power to make such

alteration or additions to, the original specifications, drawing, design and

instructions as may appear to him to be necessary or advisable during the progress

of the work, and the contractor shall be bound to carry out the work in accordance

with any instructions which, may be given to him in writing signed by the

Engineer-in-Charge, and such alternations shall not invalidate the contract; and any

additional work which the contractor may be so directed to do shall be carried out

by the contractor on the same conditions in all respects on which he agreed to do

the main work, and at the same rates as per specified in the tender for the main

work. The time for the completion of the work shall be extended in the proportion

that the additional work bears to the original contract work, and the certificate of

39

Extension in time in

consequence of

alterations.

Rates for additional

works not in estimate

or schedule of rate of

the district.

the Engineer-in-Charge shall be conclusive as to such proportions. If the additional

work includes any item for which no rate is specified hereunder, then the contractor

shall carry out the work at the rate entered in the Schedule of Rates of the District

but if the Schedule dose not contain any rate for such work, then the contractor

shall not begin such work until a rate in respect of such work has been settled by

mutual agreement between him and the Engineer-in-Charge with the approval of

the officer accepting the contract, and if they are unable to agree upon a rate within

two weeks from the date when the contractor received the order, the Engineer-in-

Charge may by a notice in writing cancel the order for such work and carry it out in

such manner as he may think best. In the event of a dispute, the decision of the

………………. Engineer shall be final and binding on the contractor.

No Compensation or

alteration in or

restriction of work to

be carried out.

Clause 17— The ………… Engineer acting on the written orders of his

immediate superior, may at any time by notice in writing to the contractor either

stop the work altogether or reduce or cut if down. If the work is stopped altogether,

the contractor will only be paid for work done and expenses legitimately incurred

by him on, or preparation for the execution of the work up to the date on which

such notice is received by him. Such expenses shall be assessed by the …………...

Engineer, whose decision shall be final and binding on the contractor. If the work is

cut down, the contractor will be paid for the work as so cut down but in neither

case will he be paid any compensation whatsoever for the loss or profit which he

might have made if he had been allowed to complete all the work included in the

tender.

Action &

Compensation

payable in case of

hand work.

Clause 18— If the Engineer-in-Charge is satisfied that the construction of

any part of the work is faulty or that materials used in the same are inferior to those

for which the specification provides or that materials or articles provided by the

contractor are not in accordance with the contract, he may, not withstanding that

such work materials or articles may have been passed, certified or paid for, serve

the contractor with notice in writing specifying the work, materials or articles of

which he complaints and requiring the contractor to remedy such defects or to

replace such materials or articles within a specified period of time.

If the contractor fails to comply, in all respects with the requirements of any

such notice within ten days after the expiration of the period specified in that

notice, the Engineer-in-charge may himself remedy such defects, or as the case may

be, replace such materials or articles, and contractor shall pay all expenses incurred

by the Engineer-in-charge in so doing and the certificate in writing of the Engineer-

in-charge as to the amount of any such expense shall be final and binding upon the

contractor.

Works to be open to

inspection.

Clause 19— All works under or in course of execution or executed in

pursuance of the contract shall at all times be open for inspection and supervision

by the Engineer-in-Charge and his subordinates and the contractor shall at all times

40

during the usual working hours, and on any other occasion of which he shall have

had reasonable notice, either himself be present to receive orders and instructions,

or have responsible agent duly accredited in writing present for that purpose.

Orders given to any such agent have the same effect as order given to the contractor

himself.

Clause 19-A— No labourer below the age of 18 years shall be employed on

the work.

Clause 19-B— The contractor shall pay to his labourers a fair wages.

Clause 19-C— The contractor before he commences work shall (a) post in

conspicuous place on the work a notice giving the rates of wages have been

certified as fair by the …………… Engineer, and (b) send a copy of the notice to

the …………….. Engineer.

Clause 19-D— The contractor shall be bound and shall be responsible to

comply with the provisions of the labour laws in force in the State of Uttar Pradesh

including the Minimum Wages Act or any enactment in supersession, extension or

modification thereof which may be passed at any time or from time to time by a

competent legislative body and may have effect in the State of Uttar Pradesh and

the Rules and Regulations made thereunder or any amendments or modifications

thereof for the time being in force. All expenses in connection with the compliance

of such laws and rules shall be borne by the contractor with the compliance or such

laws and rules shall be borne by the contractor, and the contractor shall neither

demand nor claim nor shall be entitled to any additional payment for the reason that

he failed to take into account any such expenses in his tender or that any

subsequent amendments in such laws or rules have changed the basis on which he

worked out such expenses while submitting his tender.

In every case in which by virtue of the provisions of the labour laws in force

in the State of Uttar Pradesh and the rules and regulations made thereunder, the

Government is obliged to pay any sum in the execution of the work, Government

will recover from the contractor the amount so paid; and without prejudice to the

other rights of the Government, the Government shall be at liberty to recover such

amount or any part thereof by deducting it either from the security money deposited

by the contractor or to his credit under clause I of these conditions or from any

other sum due by Government to the contractor whether under this contract or

otherwise.

Clause 19-E— The contractor shall engage labour for the work through

nearest Employment Exchange.

Clause 19-F— The contractor will request the Employment Exchange to

provide him labour on wages to be maintained by him which shall not be less than

fair wages for the locality of the work fixed by the ………………………. Engineer

41

consultation with the District Magistrate concerned. He will also specify the period

of the supply of labour which shall not be less than a week from the date of

contractor's request for labour of the Employment Exchange. If the Employment

Exchange fails to supply labour within the specified period the contractor will have

the option to engage labour from other sources.

Clause 19-G— The labour employed through Exchange will be kept at par

with and shall have no preference over the labour engaged by the contractor

privately as regards their transport, wages, accommodations, working hours and

amenities. The contractor will have the option to dispense with the labour without

any reference to the Employment Exchange when such labour is not required for

the work or when he is not satisfied with it but he will give due information of the

discharge of labour to the Exchange.

Contractor or

responsible agent to

be present.

Clause 20— In order that the work may be measured and the correct

dimensions thereon taken, the contractor shall not cover up any part of the same or

otherwise place it beyond reach of measurement until he has either obtained the

consent in writing of the Engineer-in-Charge or of his subordinate in-charge of the

work or until he has given to the Engineer-in-Charge or to such subordinate five

day's notice in writing that the work is ready for measurement. If the contractor

covers up any work or places it beyond reach of the measurement without such

consent and before the expiration of the period of such notice, the contractor shall

either, as he may elect, strip such work at his own expense in order that it may be

measured or shall forfeit the price of such work and of the materials used in its

construction.

Notice to be given

before work is

covered up.

Clause 21— All works to be executed under the contract shall be executed

under the direction and subject to the approval in all respect of the Engineer-in-

Charge for the time being who shall be entitled to direct at what point or points and

in what manner they are to be commenced, and from time to time carried on.

Direction of work. Clause 22— Except where otherwise specified in the contract the decision of

the ………………. Engineer for the time being shall be final, conclusive and

binding on all parties to the contract upon all questions relating to the meeting of

the specifications, designs, drawings and instructions herein-before mentioned. The

decision of such Engineer as to the quality of workmanship or materials used on the

work, or as to any other question, claim, right, matter or thing whatsoever in any

way arising out of or relating to the contract, design, drawing, specifications,

estimates, instructions, order of these conditions, or otherwise concerning the work

or the execution or failure to execute the same whether arising during the progress

of the work or after the completion or abandonment of the contract by the

contractor, shall also be final, conclusive and binding on the contractor.

Decision of Engineer

to be final, contractor

Clause 23— If the contractor or his work people or servants shall break,

deface, injure or destroy any part of a building in which they may be working, or

42

liable for damages

done and for

imperfections.

any building, road, fence, enclosure or grass land or ground contiguous to the

premises on which the work or any part of it is being executed, or if any damage

shall happen to the work while in progress from any cause due to negligence of

responsibility (the decision of the ………… Engineer shall be final), the contractor

shall at his own expense make good such damage, or In default, the Engineer-in-

Charge may cause the same to be made good and the contractor, shall pay any

expenses so incurred and the certificate of the Engineer-in-Charge as to the amount

of such expenses shall be final and binding on the contractor.

Contractor to supply

plant, ladder,

scaffolding etc.

and liable for

damages arising from

non-provision of

light, fencing etc.

Clause 24— The contractor shall supply at his own cost all materials (except

such special materials, if any, as may in accordance with the contractor be supplied

from the Engineer-in-Charge's stores), plant, tools, appliances, implements, ladders,

cordage, tackle, scaffolding and temporary works requiste for the proper execution

of the work, whether original, altered or substituted and whether included in the

specification or other documents forming part of the contract or referred to in these

conditions or not or which may be necessary for the purpose of satisfying or

complying with the requirements of the Engineer-in-Charge as to any matter as to

which under these conditions he is entitled to be satisfied or which he is entitled to

require, and shall pay for the carriage of all such things to and from the work. The

contactor shall also supply without charge workmen with the means and materials

necessary for the purpose of setting out works, and for counting weighing and

assisting in the measurement or examination of the work, or materials at any time.

If the contractor fails to do so, the same may be provided by the Engineer-in-

Charge and the contractor shall pay the cost of the same as certified by the

Engineer-in-Charge, whose certificate shall be final. The contractor shall also

provide all necessary fencing and lights required to protect the public from accident

and shall bear the expenses of defence of every suit, action or other proceeding at

law that may be brought by any person for injury sustained owing to neglect of the

above precautions, and shall also pay any damages and costs which may be

awarded in any such suit action or proceeding to any such persons, or which may

with the consent of the contractor be paid to compromise any claim by any such

person.

Female labour not to

be employed.

Clause 25— The contractor shall not employ female labour in the execution

of the work or any part thereof within the limits of cantonment.

Work not to sublet.

Contract may be

rescinded and security

deposit forfeited for

subletting, bribing or

if contractor becomes

insolvent.

Clause 26— The contractor shall not assign or sub-let the contract without

the written approval of the ……………. Engineer and if the contractor does or

attempts so to or becomes insolvent or commences any insolvency proceedings or

makes attempts to make any composition with his creditors, or if he or any of his

servants or agents either directly or indirectly, gives, offers or promises any bribe,

gratuity, gift, loan, perquisite, reward or advantage pecuniary or other-wise to any

public officer or person in the employ of Government in any way relating to his

43

office or employments, or if any such officer or shall become in any way directly or

indirectly interested in the contract without having first obtained the permission in

writing of the Government, the.

Engineer may thereupon by notice in writing rescind the contract, and the

security deposit of the contractor shall thereupon stand forfeited and be absolutely

at the disposal of Government and the same consequences shall ensure as if the

contract has been rescinded under clause 3 hereof, and in addition the contractor

shall not be entitled to recover or be paid for any work there for actually performed

under the contract.

Sum payable by way of

compensation to be

considered as

reasonable

compensation with-out

reference to actual loss.

Clause 27— Any sum payable by the contractor as compensation under any

of these conditions shall be deemed to be reasonable compensation for the act or

default in respect of which the same becomes payable without proof of the actual

amount or damage of loss sustained.

Changes in constitution

of firm.

Clause 28— In the case of a tender by partners, the contractor shall state the

name of the members of the firm and shall notify to the Engineer-in-Charge any

change in the constitution of the firm as soon as such change occurs.

Action where no

specification.

Clause 29— In the case of any class of work for which there in no such

specification as is mentioned in rule I, such work shall be carried out in accordance

with the district specification, and if there is no district specification, the work shall

be carried out in all respect in accordance with instructions and requirements of the

Engineer-in-Charge.

Definition of work. Clause 30— In these conditions unless there is something in the subject or

context repugnant to such an interpretation, the expression 'works' or 'work' mean

the work to be done or executed under the contract whether such work is permanent

or temporary and whether it is original, altered, substituted or additional.

Contractor's percentage

whether applied to net /

gross amount of bills,

Clause 31— The additions and deductions on account of the percentage

referred to in the accepted tender will be calculated on the gross, and not the net

amounts of the bills for the work done.

Clause 32— (1) In every case in which by virture of the provisions of section

12, sub-section (1) of the Workmen's Compensation Act, 1932, Government is

obliged to pay compensation to a workman employed by the contractor or by any

sub-contractor from him in the execution of the work government will recover from

the contractor the amount of the compensation so paid; and without prejudice to the

rights of the Government under section 12, subsection (2) of the said act,

Government shall be at liberty to recover such amount or any part there of by

deducting it either from the security money deposited by the contractor or to his

credit under clause 1 of these conditions or from any other sum due by Government

to the contractor whether under this contact or otherwise.

44

(2) Government shall not be bound to contest any claim made against it

under section 12, sub-section (1) of the said Act, except on the written request of

the contractor and upon his giving to Government full security for all costs which

government might become liable in consequence of contesting the claim.

Clause 33— Notwithstanding anything stipulated in the aforesaid clauses,

Government shall have power to retain any sum due to the contractor(s) and set off

all claims against him (them) whether arising out of the particular contract or out of

any other transaction or contract held him (them) alone or in partnership with

others.

Clause 34— All disputes in respect of this contract arising between

contractor and the department shall be referred to next higher department authority

to the officer entering into the contract. Either side may go in for the arbitration

under relevant Arbitration Act in case of disagreement with the decision of the next

higher Department authority as enumerated in clause 42 and 43 of General

conditions of contract.

Clause 35— The tendered rate of each item of work shall be complete in

itself and independent of other items and no loss or profit will be claimed in the

event of exclusion of any item, each item of work shall be executed independently.

Any item can vary to any extent. The contractor shall not be entitled to any claim or

compensation on this account.

Clause 36— Contractor shall himself make proper living accommodation

water and sanitary arrangements etc. For labour which should ordinarily be

arranged through employment exchange and shall give preference to ex-service

men. He will have to remove undesirable labour if ordered by the department.

Clause 37— No extra payment shall be made to the contractor for making

profiles and 'NAMUNAS' in connection with the execution of work.

Clause 38— In case of Violation of condition of contract by the contractor

the contract can be rescinded by the officer entering into the contract without

entitling the contractor to any claim whatsoever.

Clause 39— All money found recoverable from the contractor in connection

with contract may without prejudice to any other remedy provided by law be

recovered as arrears of land revenue.

CLAUSE 40:— The contractor supply every labour employed by him with

Wages Card in which the rates of wages, the attendance of the labour and payment

will be entered.

CLAUSE 41:— During the course of construction if any emergency for

putting forward any claim arises the contractor shall send a registered notice to the

Engineer-in-Charge within a fortnight of the origin of the claims. If he fails to do so

45

or if he postpones submission of such claim till completion of work, he will be

entitled to no compensation.

CLAUSE 42:— The contractor shall not influence or divert labour borne on

the Muster Roll of any contractor by paying higher wages or providing extra

facilities without the permission of the ………………. Engineer and if the does so

contrary to the above, he will be responsible for the loss or damage caused or

claimed by the other and the decision of the ……………... Engineer as of the

amount of damage shall be final and binding on both parties.

CLAUSE 43:— The agreement is subject to the standard specification. The

clearance of site shall be done by the contractor at his own expenses.

CLAUSE 44:— The sum of money due and payable to the contractor

including security deposits returnable to him under this contract may be

appropriated by the Government or any other persons contracting through the

secretary and set off against any claims of the purchaser or Govt. or such other

persons for the payment of a sum of money arising out of or under any other Govt.

or such other person or persons.

CLAUSE 45:— 2.24% Income–Tax on all payment or on the gross value of

work done (including cost of materials) or at rate in force as per rules at the time of

payment shall be deducted at source of the payment in terms of Income–Tax Act.

TRADE TAX

The rate quoted by the contractor shall be deemed to be inclusive of The Trade–Tax, if any on

the constructional plant, material and supplies (both permanent, temporary and consumables) acquired

for the purpose of the contract and on the services performed under the contract. Nothing in the contract

shall relieve the contractor from the responsibility to pay any Trade–Tax that may be levied the U.P.

Trade–Tax Act 1948 as amended from time to time in performance of this contract. During pursuance

of the contract, the Engineer-in-Charge or any other persons responsible for making the payment to the

contractor shall at the time of making such payment to the contractor either in cash or in any other

manner, deduct an amount equal to that specified in Section 3-D of the aforesaid act as in force for the

time being towards part or, as the case may be full satisfaction of the tax payable under the said Act on

account of this contract, the amount presently specified in the said Section is 4 (FOUR) percentum of

the amount payable to the contractor.

46

Schedule showing (approximate) materials to be supplied from Public Works Stores for works

contracted to be executed and the rates at which they are to be charged for, vide Clause 12 of

Conditions :—

Particulars Rate at which the material will be charged to the

Contractor

Place of Delivery

Unit Rs. P. E.E.

———————————— As per Schedule 'C' attached —————————————

47

Division …………………………………………………………..

Name of work ……………………………………………………….

Name of Contractor …………………………………………………

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF

CONTRACTORS

1. All works proposed for execution by contract will be notified in a form of invitation to

tender passed on a board hung up in the office of and signed by the ………………..

Engineer.

This form will state the work to be carried out, as well as the date for submitting and

opening tender, and the time allowed for caring out the work, also amount of earnest money

to be deposited with the tender, and the amount of security deposit to be deposited by the

successful tender and the percentages, if any, to be deducted from bills. This set of contract

documents consisting of copies of drawing and details of the proposed work specification,

schedules of quantities of various items of work. And a form of the printed conditions of

contract together with the form of tender to be used, signed for the purpose of identification

by the ………………. and approved by the authority competent to make the contract shall

be available for public inspection at the office of the ……………….. during the office

hours.

2. In the event of the tender being submitted by a firm, it must be signed separately by each

member there of, in the event of the absence of any partner, it must be signed on his

behalf by a person holding a power-of-attorney authorizing him to do so.

3. Receipt for payments made account of work when executed by a firm must also be

signed by the several partners except where the contractors are decried in their tender as

a firm in which case the receipt must be signed in the name of the firm by one of the

partners or by some other persons having authority to give effectual receipts for the firm.

4. Any contractor who submits a tender shall fill up the prescribed form of tender striking

out the alternative offer on page 3 of the form not applicable to the case, Tenderer which

propose any alteration in the work specified in the form of notice inviting tender or in

the time allowed for carrying out the work or which contents any other conditions of any

sort, of are not filled up in English or accompanied by the deposit or earnest money

notified, will be liable of rejection. Tenders shall have the name of the work to which

they refer written outside the envelope.

5. (i) ………………. Engineer or his duly authorised assistant will open tender in the

presence of any intending contractors who may be present at the time and will enter the

amount of several tenders in a comparative statement in a suitable form. In the event of a

tender being accepted, a receipt for the earnest money forwarded here with shall there

48

upon be given to the contractor, who shall there upon for the purpose of identification,

sign copies of the specification and other documents mentioned in rule I. In the event of

a tender being rejected the earnest money forwarded with such unaccepted tender shall

thereupon be returned to the contractor making the same.

(ii) When tenders are received by …………………. he will open and deal with them in

the manner specified above, and will submit them to the …………… Engineer for

orders. The earnest money if in currency notes shall be credited in the cash-book and

paid into the Treasury, a receipt in account form no. 3 being given to the party tendering.

If earnest money is preferred in any of the securities specified in rule 9, it shall be

entered in the register of securities account forms 85 and 86. Earnest money received in

currency notes shall be returned to unsuccessful tenderness as soon as their tenders are

rejected the usual stamp receipt being taken.

6. The accepting authority shall have the right or rejecting all or any of the tenders.

7. The receipt of an accountant or a clerk for the earnest money paid by the contractor will

not be considered as any acknowledgement of payment to ………………….. and the

contractor shall be responsible for seeing that he procures a receipt signed by

…………………..

8. The memorandum of work tendered for shall be filled in and completed in the office of

the …………………… before the tender form is issued.

9. The amount of earnest money should ordinarily be :- Rs.

(a) When the amount of the tender does not exceed Rs. 2,000 50.00

(b) When exceeding Rs. 2,000 and not exceeding Rs. 5,000 100.00

(c) When exceeding Rs. 5,000 and not exceeding Rs. 10,000 200.00

(d) For each additional Rs. 5,000 or portion of 5,000 a futher sum of 100.00

Such earnest money shall be deposited by the contractor in Government Treasury or sub

treasury as laid down in paragraphs 340(b) (1), 344 and 345 (b) of the Financial Handbook

Volume V, Part I, Account Rules and receipts treasury challan attached to the tender.

Note:- The Officer calling for the tender may in special cases where it would be

inconvenient for tenders to deposit money into Government treasury relax the rule, and permit

contractors deposit earnest money with him in cash of currency notes upto a limit of Rs. 100

instead of into a treasury. Such deposits should be treated as "Public Works Department

Deposit".

49

TENDER OF WORKS "I" or "We"

* Hereby tender for the execution for the Governor of Uttar Pradesh of the work

specified in the underwritten memorandum within the time specified in the memorandum at the

rate specified therein, and in accordance in all respects, with the specification, designs, drawings

and instructions in writing referred to in rule 1 hereof and in clause 2 of the conditions of

contract and with such materials as are provided for by and in other respects in accordance with

such conditions so far as applicable.

MEMORANDUM

(a) General description. (a) If several sub-works

are included they should

be detailed in a separate

list.

(b) Estimated cost

(c) Earnest money

Rs.

Rs.

(b) vide Rule 9 on ID

form 112/2

(d) Time allowed for the work from date of written order to

commence Months.

Item

No.

Item of work Approximate

number or

quantity

Unit Per (c) TENDERED

Rate ----------------------

(d) SANCTIONED

(c) Strike out the

alternative and attach

signature to it.

N.B.–(When tender

are to be submitted at

a percentage above or

below the rate in the

sanctioned estimate,

the information in all

the columns should be

filled by the

……………)

In case of works when

contractors are

required to quote their

own rates for the

different items of

work the columns (f)

should be left blank

for tenderers to fill in.

(f) in figure (f) in words

Rs. P.

50

"I" or "We"

Strike out the

alternative and

attach signature to

it

**Give particulars

and numbers

* ……………………….. tender at ………………………… percent above

the rates entered above.

+ or

* …………………………… Tender at the above rates.

Should this tender be accepted * ………………………….. hereby agreed

to abide by the fulfill all the terms and provisions of the conditions of contract

annexed to the approved set of contract documents, or in default thereof to

forfeit and pay to Governor of Uttar Pradesh or his successor-in-office the

sums of money mentioned in the said conditions.

The sum of Rs. ** ……………………….. is herewith forwarded in

currency notes as earnest money the full value of which shall be retained by

Government on account of the security deposit specified in clause 1 of the

conditions of contract.

Signature of

witness to

contractor's

signature

Signature of

contractor before

submission of

tender

Dated the ……………………….. day of ………………………, 200

Witness ………………………………..

Address ………………………………..

Occupation ……………………………

* ……………………...…………...

+ ………………………...………..

Here enter

recommended or

not recommended"

signature

Date …………… Sub-Divisional Officer ………………… Sub-Division

* …………………...……………...

+ ……………………..…………..

signature

Date …………… Executive Engineer ………..……………...… Division

* ………………………..………...

+ ………………………..………..

Signature and

official designation

of the accepting

authority

Date …………… Superintending Engineer ……...………..…...… Circle

* …………………………..……...

+ …………………………..……..

Irrigation Works

The above tender is hereby accepted by me on behalf of Governor of Uttar

Pradesh.

……………………………………......

……………………………………….

Dated the ………………………….. day of …………..……………, 200

51

DETAIL OF ANNEXURES

Sl.No. Annexures To Be Submitted By The Bidder Mandatory /

As Applicable

1. Certificate of Relationship Mandatory

2. Declaration Mandatory

3. Bid Form Mandatory

4. Form of Agreement Mandatory

5. Form of Bank Guarantee for Earnest Money Mandatory

6. Form of Bank Guarantee for Performance Security Mandatory

7. Validity Commitment Mandatory

8. Integrity Pact Mandatory

9. Warranty Clause Mandatory

10. Declaration regarding Blacklist Mandatory

11. Form of undertaking Mandatory

12. Form of Power of Attorney As Applicable

13. Form of Bio-data of the Firm Mandatory

14. Authorization Letter by HP Mandatory

15. I.D.T.-1 / Character certificate issued by Class-I

Magistrate or Class-I officer

Mandatory

16. I.D.T.-2 / Photocopy of proof of immovable property

with affidavit

Mandatory

17. I.D.T.-3 Mandatory

18. CHECK-LIST Mandatory

52

Certificate of Relationship

To,

The Engineer,

…………………………..

…………………………..

…………………………..

Sir,

It is certified that except the person noted below, none of my relatives is employed

in Irrigation Department, Uttar Pradesh.

Name Designation Place of Posting

………………………………………………….

Dated : ………………… Signature of Contractor ………………………..

Place : …………………. Full Address …………………………………...

………………………………………………….

………………………………………………….

N.B. : The following comes under the definition of relationship :-

1. Father, Mother, Sister, Brother, Brother-in-law, Daughter, Father-in-law, Mother-

in-law, First cousin of self or wife. The list is illustrative and not exhaustive.

Contractor

53

DECLARATION

We …………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……....

hereby declare that no work shall be taken in hand by me or by my authorized

agent unless a proper work order in writing is issued to me by Executive Engineer /

S.D.O. In case of default on my part, I fully understand that my security deposits will be

forfeited and our name will be removed from the list of approved contractor.

Dated : ………………… Signature of Contractor

………………………..

Place : …………………. Full Address

…………………………………...

………………………………………………….

…………………………………………………

54

SECTION-III(C)-

BID FORM

(TO-BE SUBMITTED DULY FILLED WITH TECHNICAL PART “B” OF THE OFFER IN PDF FORM)

e-TENDER NOTICE NO. 07/EE/2017-18

FOR THE COMPREHENSIVE AMC OF VARIOUS COMPUTERS & PRINTERS

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow.

From,

…………………………………………………………….

…………………………………………………………….

…………………………………………………………….

…………………………………………………………….

(Tenderer)

To,

The Executive Engineer

Computer Center,

Irrigation & Water Resources Department,U.P.

Lucknow. Sir,

In reference to your invitation to tender for the above, I/We hereby offer to the Governor of Uttar Pradesh, the item in the

schedule annexed or such portion thereof, as you may determine in strict accordance with the annexed General Conditions of

Contract Form “A”, Special Conditions of Contract, Technical Specifications, Technical Conditions, Form of Agreement for

Validity Commitment of offer and Schedule Of Prices & Quantities to the satisfaction of the Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow or in default thereof to forfeit and pay to the Governor of Uttar Pradesh,

the sum of money mentioned in the said conditions.

2. I/We agree to abide by this tender for a period of 90 days from the date fixed for opening of Part-“A” of tender. The

period of validity can be increased, if necessary. In consideration of the Government having treated the Tenderer to be an

eligible person whose tender may be considered, the Tenderer shall agree to the condition that the proposal in response to this

invitation shall not be withdrawn by the Tenderer within 90 days from the date of opening of Part-‘A’ of tender, and also to the

condition that if thereafter the Tenderer does withdraw his proposal within the said period, the Earnest Money deposited by him be

forfeited.

3. A sum of Rs………………………………………...in the form of…………………..(Earnest Money) has been forwarded to The

Executive Engineer, Computer Center, Irrigation & Water Resources Department,U.P., Lucknow, duly pledged in his favour, the full

value of which, if required, may be retained by the Governor against the Security Deposit specified in clause-2.0 of the Special

Conditions Of Contract if my/our tender is accepted.

4. I/We hereby undertake and agree to execute a contract in the form of Agreement annexed hereto in accordance with the

conditions of contract, if my/our tender is accepted.

5. Further an Agreement for the validity commitment alongwith this tender form as per annexure overleaf

has been forwarded on the prescribed proforma on General Stamp of Rs.100.00 affixing Rs.1.00 Revenue

Stamp thereon failing which the tender shall be liable for rejection.

Signed this…………………day of…… ……………….2017.

Yours faithfully,

(Signature of Tenderer in full)

Name………………………...

55

SECTION-IV(B)- FORM OF AGREEMENT

(TO BE SUBMITTED DULY SIGNED WITH TECHNICAL PART “B” OF THE OFFER IN PDF FORMAT)

e-TENDER NOTICE NO. 07/EE/2017-18

FOR THE COMPREHENSIVE AMC OF VARIOUS COMPUTERS & PRINTERS

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow.

This Agreement/contract made on the……………….……day of……. ……………………..……. between

…………………………………………… (hereinafter referred to as “The Bidder”) of the one part and the Governor of

Uttar Pradesh (hereinafter called “The Executive Engineer, Computer Center, Irrigation & Water Resources Department,

U.P., Lucknow ”) of the other part.

Whereas, the Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow

requires the material mentioned and a specified in the General Conditions Of Contract Form “A”, Special Conditions Of

Contract, Detailed Technical Specifications, Schedule Of Prices & Quantities including Delivery, Form Of Bidding,

Covering Letter and Letter Of Acceptance Of Bidding which for the purposes of identification have been signed by

Sri………………. on behalf the Bidder and The Executive Engineer, Computer Center, Irrigation & Water Resources

Department, U.P., Lucknow, all of which are deemed to form the part of this Contract as though separately set out herein

and are included in the expression “Contract” wherever herein used.

And whereas, the Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow

has accepted the bidding of the Bidder for the maintenance of the said items for the sum of Rs……………………

(Rs………………………………………...) upon the terms and subject to the conditions hereinafter mentioned.

And now these present witness and the parties herein hereby agree and declare as follows, that is to say in

consideration of the payment to be made to the Bidder by the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow as hereinafter mentioned the Bidder shall duly provide the said material for the said

works on the terms and conditions mentioned in the Contract.

And in consideration of the due provisions of the material received by the Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow and due performance on his part of the Contract, the Executive

Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow does hereby for himself, his

successor or assignees covenant with the Bidder that he, the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow , his successor or assignees, will pay to the Bidder the sum of

Rs…………………….or such other sums as may become payable to the Bidder under the provisions of this Contract and

such payments to be made at such time and in such manner as is provided by this Contract.

In witness whereof the parties hereto have signed this deed hereunder on the dates respectively mentioned against the

signature of each.

Place: Lucknow

Signed By

(The Bidder)

56

ANNEXURE : EM

SECTION-V(A)

FOR EARNEST MONEY/BID SECURITY

FORM OF BANK GUARANTEE BOND

PRESCRIBED VIDE G.O.NO.A-1-5256/X-15(1)-1962,DATED 5.12.63

(Applicable to the State Bank of India and other Scheduled Bank for guarantees without deposit of securities up to prescribed limit).

To,

The Executive Engineer,

Computer Center,

Irrigation & Water Resources Department, U.P.,

Lucknow.

(For the Governor of Uttar Pradesh)

Sir,

Whereas M/s . . . . . . . . . . . . . . . . . .a company incorporated under the Indian Companies Act having its registered office at . . . . . . . . . . . . . . .

. . . . . ./ a firm registered under the Indian Partnership Act and having its business office at . . . . . . . . . . . . . . . . . . . .Sri . . . . . . . . . . . . . . Son of . . . . . . .

. . . . . . . . . . . . . . resident of . . . . . . . . . . . . . . . . . . . . . . . . . . . . carrying on business under the firm’s name and style of M/s . . . . . . . . . . . . . .at . . . . . .

. . . . Sri . . . .. . . . . . . . .Son of . . ... . . . . . . . . resident of . . . . . . . . . . . . . . Sri. . . . . . . . . . . . . .Son of . . . . . . . . . . resident of . . . .. . . . . . Partners

carrying on business under the firm’s name and style of M/s . . . . . .. . . . . . . . . . . . . . . . at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..which is a

registered partnership firm (hereinafter called the Bidder) has/have in response to your bidding notice against Bidding Notice No. ..................................

for ............................................................................................ ............................................................. offered to execute the works as contained in the

offer submitted/intended to submitted by Bidders letter No. . . . . . . . . . . . . . dated . . . . . . . . . . . .

And whereas the Bidder is required to furnish a Bank Guarantee for the sum of Rs. . . . . . . . .as Earnest Money against the Bidder’s offer as

aforesaid, duly pledged for payment in the name of The Executive Engineer, Lucknow Division Sharda Canal, Lucknow.

And whereas we . . . . .. . . . . . . . . . . .(Name of the Bank) have at the request of the Bidder agreed to give you this Guarantee as hereinafter

contained.

Now therefore, in consideration of the promises we, the undersigned hereby covenant that, subject to Clause(c), below the aforesaid bidding

of the bidder shall remain open for acceptance by you during the period of validity as mentioned in the bidding or any extension thereof as you and the

bidder may subsequently agree and if the bidder shall for any reason back out, whether expressly or impliedly, from his said bidding during the period

of its validity or any extension thereof as aforesaid, we hereby guarantee to you the payment of the sum of Rs. . .. . . . . . . . . . . . . . . . . on demand

notwithstanding the existence of any dispute between the Governor and the bidder in this regard and we hereby further agree as follows :-

(a) That you may, subject to Clause (c), below without affecting his guarantee extend the period of validity of the said bidding or grant other

indulgence to or negotiate further with the bidder in regard to the conditions contained in the said bidding and thereby modify those

conditions or and thereto any further conditions as may be mutually agreed upon between you and the bidder.

(b) That the guarantee herein before contained shall not be affected by any change in the constitution of our Bank or in the constitution of the

bidder.

(c) That this guarantee shall commence from the date hereof and shall remain in force till the bidder, if his bidding is accepted by you, furnishes

the security as required under the specifications and executes a formal agreement as therein provided or till the expiry of . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . .from the date hereof, whichever is earlier, the period of the validity of the guarantee may be extended for further

period, if mutually agreed upon between you and ourselves.

(d) That the expression the Bidder’ and ‘the Bank’ and ‘Governor of Uttar Pradesh’ herein used shall, unless an interpretation is repugnant to the

subject or context, include their representatives, successors and/or assigns.

Yours faithfully,

Dated. . . . . . . . . . day of . . . . . . . . . .(Indicate the name of Bank)

57

ANNEXURE : PS

SECTION-V(B)

FOR PERFORMANCE SECURITY

FORM OF BANK GUARANTEE BOND

In consideration for the Governor of Uttar Pradesh (hereinafter called “The Government”) having agreed to exempt.

(hereinafter called “the said Bidder(s)”) from the demand, under the terms and conditions of any Agreement dated_________ made between

______________and ___________ (hereinafter called the said “Agreement”), of security deposit for the due fulfillment by the said Bidder(s) of

the terms and conditions contained in the said Agreement, on production of Bank Guarantee for

Rs.____________(Rupees___________________only)

we,______________(hereinafter referred to as “the bank”) at (indicate the name of the bank) the request of ________________/Bidder(s)/do

hereby undertake to pay to the Government an amount not exceeding Rs._________against any loss or damage caused to or suffered or would

be caused to or suffered by the Government by reason of any breach by the said Bidder(s) of any of the terms or conditions contained in the said

Agreement.

2. We__________ (indicate the name of Bank) do hereby undertake to pay the amount due and payable under this guarantee without any

demur, merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be

caused to or suffered by the Government by reason of breach by the said bidder(s) of any of the terms and conditions contained in the said

Agreement or by reason of the bidder(s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as

regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an

amount not exceeding Rs._________________.

3. We undertake to pay to the Government any money so demanded notwithstanding any dispute or disputes raised by the

bidder(s)/supplier(s) in any suit or proceeding pending before any court or Tribunal relating thereto our liability under this present being

absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the

bidder(s)/supplier(s) shall have no claim against us for making such payment.

4. We_______________ (indicate the name of bank) further agree that the guarantee herein shall remain in full force and effect during

the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the

Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or

filed_____________________Office/Department____________certificate that the terms and conditions of the said Agreement, have been fully

and properly carried out by the said Bidder(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made

on us in writhing on/before the ___________ we shall be discharged from all liability under this guarantee thereafter.

5. We_________________ (indicate the name of bank) further agree with the Government that the Government shall have the fullest

liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said

Agreement or to extend time of

performance by the said bidder(s) from time to time or to postpone for anytime or from time to time any of the powers exercisable by the

Government against the said Bidder(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not

be relieved from our liability by reason of any such variation or extension being granted to the said Bidder(s) or for any forbearance,

act or omission on the part of the Government or any indulgence by the Government of Uttar Pradesh to the said Bidder(s) or by any such

matter or this whatsoever which under the law relating to sureties would but for this provision, have effect of so relieving us.

6. We __________ (indicate the name of bank) lastly undertake not to revoke this guarantee during its currency except with the previous

consent of the Government in writhing.

Dated the _______________day of ___________________

For _________________________________________(Indicate the name of Bank)

58

Annexure “VC”

SECTION-V(C)

Form of Agreement For Validity Commitment

e-TENDER NOTICE NO. 07/EE/2017-18

FOR THE COMPREHENSIVE AMC OF VARIOUS COMPUTERS & PRINTERS

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow.

From,

Tender for …………………………………………………………………………………………

Tender Notice No. & Date …………………………………………………………………………………………..

Name of Tenderer

…………………………………………………………………………………………………………………………………

…………………………………………………

In Consideration of the Government Of Uttar Pradesh having treated the Tenderer to be an eligible person whose

tender may be considered, the Tenderer hereby agrees to the condition that the proposal in response to the above invitation

shall not be withdrawn within 90 days from the date of opening of tender/bid and also to the condition that if thereafter,

the Tenderer does withdraw his proposal within the said period, Earnest Money/ Bid Security deposited by him may be

forfeited.

Signed this………………day of ……………………2017.

Signed By Signed By

(Witnesses) (Bidder)

1……………………………………… Name………………….

2………………………………………

Note: The above Agreement is to be submitted on Rs.100.00 General Stamp Paper affixing Rs.1.00 Revenue Stamp

thereupon.

59

ANNEXURE-“IP”

INTEGRITY PACT (IP) (To be submitted in Part B of the Bid)

PRESCRIBED VIDE G.O.NO. 5/2016/253./18-2-2016-3(,lih,lih,lih,lih)/2010, DATED 01/4/2016

(To be given on letter head of the Supplier/Original Equipment Manufacturer (OEM), as the case may be, duly

signed by the authority having legal power of attorney to bind the firm/company)

This Integrity pact (hereinafter called the IP) is a fidelity agreement between the Supplier (which include all their

employees, agents, consultants and also their OEM, if any) who are registered/seeks registration or awarded/seeks

Contract(s)/Rate Contract(s) (RCs) on one hand and State Purchase organisation (SPO) or any other procuring entity (PE)

(hereinafter called the SPO/PE which include all its employees/officials/officers working as Public Authority) on the other

2. Under this IP, it has been agreed, accepted and undertaken to use, practice and observe all the best, clean, ethical, honest

and legal means and behaviour maintaining complete transparency and fairness in all activities concerning Registration,

Bidding, Contracting/Rate Contracting and performance thereto. Neither the Supplier nor the Public Authority which

include indenters, Purchase and inspection officials of SPO/PE shall have conflict of interest of any kind whatsoever nor

demand or pay or accept any illicit gratification/bribe or hospitality or consideration/favour of any kind whatsoever and

shall not use any corrupt practices including fraud, misrepresentation, misleading or forged/false documents,

concealing/suppressing facts, undue pressures or influences from anyone (written or verbal/telephonic), bribery, rigging,

cartelisation, collusion, which are not limited to, but also include the following:

(a) Collusive bidding: Collusive bidding can take form of an agreement among tenderers to divide the market, set prices, or

limit production. It can involve 'wage fixing, kickbacks, or misrepresenting the independence of the relationship

between the colluding parties'. In legal terms all acts affected by collusion are considered void.

(b) Bid rotation: In bid-rotation scheme conspiring tenderers continue to bid, but they agree to take turns being the winning

(i.e. lowest qualifying) bidder. The way in which bid-rotation agreements are implemented can vary.

(c) Cover Bidding: Cover (also called complementary, courtesy, token or symbolic) bidding occurs when individuals or

firms/companies agree to submit bids that involve at least one of the following:

(1) a competitor agrees to submit a bid that is higher than the bid of the designated winner,

(2) a competitor submits a bid that is known to be too high to be accepted, or

(3) a competitor submits a bid that contains special terms that are known to be unacceptable to the Executive Engineer,

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow .

(d) Bid suppression: Bid-suppression schemes involve agreements among competitors in which one or more

firms/companies agree to refrain from bidding or to withdraw a previously submitted bid so that the designated winner's

bid will be accepted.

(e) Market allocation: Competitors carve up the market and agree not to compete for certain, customers or in certain

geographic areas. Competing firms/companies may, for example, allocate specific customers or types of customers to

different firms/companies, so that competitors will not bid (or will submit only a cover bid) on contracts offered by a

certain class of potential customers which are allocated to a specific firm/company etc.

3. The party hereby agrees that he will not indulge in any such activity and will inform SPO/PE if any such activity is on.

The party further agrees that he will not give bribe, speed money and gifts to any public official of SPO/PE and will not

commit any offence in contravention of relevant IPC/PC Act or any Indian law in force.

4. The party hereby agrees that while canvassing order, they will not provide any inducement of the indenter, whether

directly or indirectly including cash and non cash both pre, during and post procurement action and inform the SPO/PE

if any such event is unfolding for which SPO/PE on assessment of the issue will refer the matter to the concerned

administrative authority.

5. In case of failure or default in terms of this IP the Public Authority will be subjected to actions prescribed under the

Government Servant Conduct Rules/Discipline and Appeal Rules etc including penal actions and prosecution, while the

Supplier will bear any or a combination of following penalties:

(a) Cancellation of Contract/Rate Contracts (RCs)

(b) Cancellation of Registration

(c) Forfeiture of all securities and performance Bank Guarantees

(d) Refusal to grant Registration and contracts/RCs for further period of 3 (three) years

(e) Suspension and/or banning the business dealings for period up to 3 (three) years

(f) Any other administrative or penal actions as deemed fit.

(g) Action under IPC/PC Act and other relevant laws of the country.

60

6. It has been further agreed that the actions as aforesaid except that at 5(g) above will not require any criminal conviction

from any court of law or arbitration but will be based on 'No-contest' basis, upon satisfaction of the SPO/PE, who will

be the competent authority to finally decide the matter on strength of such materials/evidence of default/breach of the

terms under this IP.

7. It has been also agreed prescribing that within 30 (thirty) days of such orders passed by SPO/PE, the aggrieved party

shall have the right to appeal to the Principal Secretary/Secretary, Micro, Small and Medium Enterprises, Government

of Uttar Pradesh, Lucknow and till the time a decision is taken on such appeal, the decision of SPO/PE would be in-

force unless otherwise specifically ordered by the Principal Secretary/Secretary.

8. Agreed, accepted and signed on behalf of Supplier on this day and year mentioned below and handed over to the

concerned office of SPO/PE forming integral part of all the affairs and transactions with and in relation to SPO/PE.

Signature on behalf of Supplier Firm/Company........................

Name and designation/capacity of signatory..............................

Full address of the Supplier Firm/Company...............................

…………………………………………

Seal and Stamp of the supplier Firm/Company...........................

Place: ………………..

Date: …………………

61

ANNEXURE-“WC”

SECTION VI (B)

FORMAT OF WARRANTY CLAUSE

(To be given on letter head of the Supplier/Original Equipment Manufacturer (OEM), as the case may be, duly

signed by the authority having legal power of attorney to bind the firm/company)

The contractor/seller hereby declares that the goods / stores / articles sold to the buyer under this contract shall be of

the best quality (and workmanship) and shall be strictly in accordance with the specifications and particulars contained

/mentioned in clause 11.0 of Special Conditions of Contract (SCC) hereof and the contractor/seller hereby guarantees that

the said goods/stores/articles would continue to conform to the description and quality aforesaid for a period of 18 months

from the date of delivery of the said goods/stores/articles to the Executive Engineer, Computer Center, Irrigation & Water

Resources Department, U.P., Lucknow and that notwithstanding the fact that the Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow (inspector) may have inspected and/or approved the said

goods/stores/articles, if during the aforesaid period of 18 months the said goods/stores/articles be discovered not to conform

to the description and quality aforesaid or have deteriorated (and the decision of the Executive Engineer, Computer Center,

Irrigation & Water Resources Department, U.P., Lucknow in that behalf will be final and conclusive) the Executive

Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow will be entitled to reject the said

goods/stores/articles or such portion thereof as may be discovered not to conform to the said description and quality. On

such rejection the goods / stores / articles will be at the sellers risk and all the provisions herein contained relating to

rejection of goods, etc. shall apply. The contractor/seller shall, if so called upon to do, replace the goods, etc. or such portion

thereof as is rejected by the Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P.,

Lucknow free of cost at the ultimate destination otherwise the contractor/seller shall pay to the Executive Engineer,

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow such damages as may arise by reason of the

breach of the condition herein contained. Nothing herein contained shall prejudice any other right of the Executive

Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow in that behalf under this contract or

otherwise.

Signature on behalf of Supplier Firm/Company........................

Name and designation/capacity of signatory..............................

Full address of the Supplier Firm/Company...............................

Seal and Stamp of the supplier Firm/Company...........................

Place: ………………..

Date: …………………

62

ANNEXURE –“BL”

SECTION VI (C)

DECLARATION REGARDING BLACKLIST / BANNING OF BUSINESS / SUSPENSION

e-TENDER NOTICE NO. 07/EE/2017-18

FOR THE FOR THE FOR THE FOR THE COMPREHENSIVE AMC OF VARIOUCOMPREHENSIVE AMC OF VARIOUCOMPREHENSIVE AMC OF VARIOUCOMPREHENSIVE AMC OF VARIOUS COMPUTERS & PRINTERSS COMPUTERS & PRINTERSS COMPUTERS & PRINTERSS COMPUTERS & PRINTERS

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow.

Name & address of bidder

…………………..…………………………………

……………………………………………………..

…………………………………………………….

………………………………………………………

With reference the aforesaid subject and as per the requirement of the bid, I/ We hereby confirm that I/ We am/

are not Blacklisted / Banned of Business (Debarred) / Suspended by any Department / Organisation / Undertaking of

State / Central Government at the time of this tendering. No such actions or any legal action are in force against the OEM

for bidding items.

Signed this………………day of ……………………2017.

Signed By

(Bidder)

Note: The above Affidavit is to be submitted on Rs.10.00 Non Judicial Stamp Paper affixing Rs.1.00 Revenue Stamp

thereupon.

63

Annexure 'UT'

SECTION VI (D)

UNDERTAKING SCHEDULE

e-TENDER NOTICE NO. 07/EE/2017-18

FOR THE COMPREHENSIVE AMC OF VARIOUS COMPUTERS AND PRINTERS

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow.

(Notarised undertaking & Authorization to be submitted on Rs 100.00 non judicial stamp paper in part B)

To, The Executive Engineer,

Computer Center,

Irrigation & Water Resources Department, U.P.,

Uttar Pradesh, Lucknow.

Subject: Letter of undertaking for Authorization

Dear Sir,

Please refer to your e-Bid no ........................................ for .......................................................................................

................................................ *I/We the undersigned *am/are authorized on behalf of firm M/s--------------(name of

manufacturer) for taking decisions as mentioned hereinafter, hereby authorize ______________ (Name of the *authorised

person/firm/dealer now shall be named as Bidder) to act on *my/our behalf in all manners relating to application for

authorization, including submission of bid, any act & decisions regarding bid. Any acts carried out by ______________

(Name of the *authorized person/firm) on our behalf shall have the same effect as acts of our own.

1. M/s _____________ (Bidder), who is our reliable distributor/ representative, is authorized to quote and enter with

contract if successful, on our behalf for this prestigious bid. M/s _______________ (Bidder) is likely to continue as our

business partner during years to come for the purpose of this Bid at least. *I/We undertake the following regarding the

‘..........................................................................................................................................’.

2. The equipment quoted by M/s ____________(Bidder) in this BID manufactured from our company----------------(Name

of Manufacturer) meets the specifications required by the Irrigation & Water Resources Department Uttar Pradesh. M/s

________________ (Bidder) shall not be allowed to do any unauthorized hardware integration on our machines/equipment.

3. It will be ensured that in the event of being awarded the contract, the equipment (including all requisite hardware

components) will be delivered directly from our works______________(Address of works) after inspection as per contract.

We will provide all necessary backend support [including replacement/rectifications of equipment, spares and expert

support] to the bidder for the period as per the contract / Contract to be signed with the Bidder, in the event of his being

successful.

4. It is reiterated that if the Bidder does not supply or maintain the equipment for any reason whatsoever we shall make

necessary alternative arrangements for honoring supply and guaranties as per the terms and conditions of the contract by

continuing to provide backend support as per point no 2 above without any additional charges.

5. If due to any reason whatsoever, the tie up between our Company M/s________(manufacturer) & M/s

__________(Bidder) breaks down subsequently or supply/ Guarantee does not take place for a reason not attributable to

Irrigation & Water Resources Department Uttar Pradesh, we shall still ensure that the order gets implemented qua supply &

service irrespective of any such breakdown in our relationship with the Bidder. If in the unlikely eventuality of the

contract/bid specific understanding not being fructified, we shall make necessary alternative arrangements for honoring the

bid and contract as per the terms of the bid/contract, without any additional cost to Irrigation & Water Resources

Department Uttar Pradesh.

6. Notwithstanding anything else contained to contrary in this Bid, the equipment supplied shall not be declared end-of-

support during the Guarantee period as per contract. In case a rare situation arises that

64

support is also not possible due to unavoidable circumstances with respect to a particular part or whole of equipment, the

Manufacturer will substitute that part or equipment (later if part replacement is also not feasible) with an equivalent or

higher model of same make, in accordance to the terms of contract.

We/I hereby agree that this undertaking shall be irrevocable and it shall form an integral part of the Contract.

This authorization is valid until further written notice from M/s ____________________ (Manufacturer/organisation).

In Witness there of the dealer/Authorised representative and Manufacturer have, set their hands and seal on this...............

day of............................2017.

Yours Sincerely

Signature---

(Name of the Authorised Signatory of manufacturer):

Designation----

Address of registered office:

Contact Details:

Sign attested of bidder

Note- * Strike off which is not applicable.

On 100.00 Rs Non Judicial Stamp paper notarized this letter and also submit in original before the opening of Bid.

65

Annexure –“PA” SECTION VI (E)

POWER OF ATTORNEY

(to be submitted on Rs 100/- non judicial stamp paper)

Tender No.: _______________________

Item Description: _____________________

Name of Bidder:____________________

“The undersigned ____________________ (Name of LEGAL Authorise PERSON, i.e.CEO/C&MD/Director/Company

Secretary/any other authorized person) is lawfully authorized to represent and act on behalf of the company M/s

_______________________ whose registered address is ______________________________________________ and

does hereby appoint Mr./Ms __________________________ (name of authorized person signing the bid document)

_______________________ (Designation) of M/s _______________________________ (Name of bidder) whose signature

appears below to be the true and lawful attorney/(s) and authorize him/her to sign the bid (both digitally and manually),

conduct negotiation, sign contracts and execute all the necessary matter related thereto, in the name and on behalf of the

company in connection with the tender no. __________________________________ for

____________________________________________.

The signature of the authorized person/(s) herein constitutes unconditional obligations of M/s_______________________

__________(Name of bidder).

This Power of Attorney is effective immediately and shall remain valid and effective in full force before I/we withdraw or

revoke it in writing (by fax or post).

All the documents signed (within the period of validity of the Power of Attorney) by the authorized person herein shall not

be invalid because of such withdrawal.

I hereby ratify and agree to ratify everything, which under this power of attorney shall do or purport to do by virtue of

this power of attorney. Executive Engineer, Computer Center, Irrigation & Water Resources Department, U.P., Lucknow

dealing with, may rely absolutely on the authority granted herein and need not look to the application of any proceeds nor

the authority of my attorney-in-fact as to any action taken.

Signed at _____________________ on this _________ day of __________________

20 _________, in the presence of the undersigned witnesses.

WITNESSES:

1. __________________________

2. __________________________

(Signature of witnesses with address)

SIGNATURE OF THE AUTHORIZED PERSON/(S)

_____________________________

(Name of person)

SIGNATURE OF THE LEGAL PERSON

_____________________________

(Name of person with Company seal)

E-mail id: …………………………

(By notary Officer) State of __(name of State)________________________ of Republic of India

WITNESS my hand and official seal.

Signature ________________________(Seal of notary officer with registration number)

66

Annexure –“BD” SECTION VI (F)

FORM OF BIO-DATA BIDDER’S GENERAL INFORMATION

To,

The Executive Engineer

Computer Center

Irrigation & Water Resources Department of Uttar Pradesh,

LUCKNOW.

1-1 Bid Reference: ________________________________________

1-2 Bidder Name:: ________________________________________

1-3 Address of Registered Office for communication: ________________________________________

City________________ District _________

State _______________ PIN__________FAX_______________

1-4 Operation office Address if different from above: ________________________________________

________________________________________

City________________ District _________

State _______________ PIN_________ FAX_______________

1-5 Address of works ________________________________________

________________________________________

City________________ District _________

State _______________ PIN__________ FAX_______________

1-6 Telephone Number for communication: _______________________________________

(Country Code) (Area Code) (Telephone Number)

1-7 E-mail address for communication: ________________________________________

1-8 Website: ________________________________________

1-9 Fax Number for communication: ________________________________________

(Country Code) (Area Code) (Telephone Number)

1-10 ISO Certification, if any {If yes, please furnish details like issuing authority, validity}______________

1-11 Banker’s Name : _____________________________________

1-12 Branch : _____________________________________

1-13 Branch Code : _____________________________________

1-14 Bank account number with IFSC Code : _____________________________________

1-15 GSTN No. : _____________________________________

1-16 PAN No. : _____________________________________

1-17 Whether SSI Registrant Or not if yes details : _____________________________________

Place:

Date:

[Signature of Authorized Signatory of Bidder]

Name:

Designation:

Seal:

67

I.D.T.-1

dk;kZy; ftyk eftLVªsV]-------------------------------------------------

pfj= izek.k&i=

1- vkosnd dk uke Jh@Jherh ---------------------------------------------------------------------------------------------

2- firk@ifr dk uke Jh --------------------------------------------------------------------------------------------------------

3- vk;q -------------------------------------------------------------------------------------------------------------------------------------------

4- 'kSf{kd ;ksX;rk ------------------------------------------------------------------------------------------------------------------------

5- O;olk; ------------------------------------------------------------------------------------------------------------------------------------

6- irk&

¼v½ LFkkbZ irk nwjHkk"k lfgr ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

¼c½ vLFkkbZ irk nwjHkk"k lfgr -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

7- vijkf/kd eqd+neksa dk fooj.k --------------------------------------------------------------------------------- ¼O;fDr ds fo:) tuin eas ntZ eqdneksa] vijkf/kd xfrfof/k;ksa vkSj vlkekftd dk;ksZ dk fooj.k fn;k tk;A ;fn fdlh U;k;ky; esa vijkf/kd eqdnek py jgk gS rks mldk fooj.k Hkh fn;k tk;A ;fn flpkabZ foHkkx vFkok jkT; ljdkj ds vU; foHkkxks }kjk CySd] fyLVsM fd;k x;k gks rks mldk fooj.k Hkh fn;k tk;A ekfQ;k@xSaxsLVj xfrfof/k;ksa ,oa laxfBr vijk/kksa eas fyIr O;fDr;ksa ds ckjs esa fo'ks"k :i ls tkap djus ds ckn gh izek.k&i= fuxZr fd;k tk; vkSj bldk mYys[k bl dkye esa vo'; fd;k tk;A½

8- lkekU; [;kfr---------------------------------------------------------------------------------------------------------------------------------------------------------------

9- izek.k&i=%&

esjs }kjk Jh---------------------------------------------------- ds dk;Z vkSj vkpj.k rFkk pfj= ds lEcU/k esa iwjh rF;kRed tkudkjh dj yh x;h gSA buds fo:) vijkf/kd eqdneksa dh lwpuk Hkh iqfyl ls izkIr dh x;h gSA lHkh rF;ks dh tkudkjh ds i'pkr eSa izekf.kr djrk gw¡ fd Jh------------------------------------------dk dk;Z vkSj vkpj.k rFkk pfj= mRre gS vkSj buds flpkabZ foHkkx esa vFkok jkT; ljdkj ds fdlh foHkkx esa Bsdsnkj dk dk;Z djus ij lkekU;r% vkifRr izrhr ugh gksrh gSA

fnuakd fnuakd fnuakd fnuakd ------------------------------------------------------------------------------------------------ gLrk{kjgLrk{kjgLrk{kjgLrk{kj

ftyk eftLVªsV@dysDVjftyk eftLVªsV@dysDVjftyk eftLVªsV@dysDVjftyk eftLVªsV@dysDVj ¼eqgj lfgr½¼eqgj lfgr½¼eqgj lfgr½¼eqgj lfgr½ uksVuksVuksVuksV%& 1- ftyk eftLVªsV@dysDVj }kjk ;g izek.k&i= vius Lo;a ds gLrk{kj ls fuxZr fd;k tk;sxkA mlds LFkku ij fdlh

vU; vf/kdkjh }kjk izek.k&i= fuxZr ugh fd;k tk;sxkA 2- izek.k&i= nsus ds iwoZ og vko';drkuqlkj ofj"B iqfyl v/kh{kd@iqfyl v/kh{kd@rglhynkj@ ,l0Mh0,e0@

vij ftykf/kdkjh vFkok fdlh vU; vf/kdkjh ls tkap djkdj fjiksVZ izkIr dj ldrs gSA 3- lacf/kr O;fDr ls Lo?kks"k.kk 'kiFk&i= Hkh ys ldrs gSA 4- ;g izek.k&i= lkekU;r% nks o"kZ ds fy, ekU; gksxkA ;fn blls iwoZ dksbZ vijkf/kd ?kVuk gksrh gS vFkok izkFkhZ ds

fo:) dksbZ vijkf/kd eqdnek vkfn ntZ gksrk gS ;k og fdlh laxfBr vijk/k esa ;k ekfQ;k xfrfof/k;ksa esa ;k vlkekftd xfrfof/k;ksa esa idMk tkrk gS rks iqfyl foHkkx dk ;g mRrjnkf;Ro gksxk fd bldh lwpuk og ftyk eftLVªsV@dysDVj rFkk lacaf/kr foHkkx ds vf/kdkfj;ksa dks nsxk vkSj izek.k&i= rRdky fujLr fd;k tk;sxkA

68

I.D.T.-2

dk;kZy; ftyk eftLVªsV]----------------------------------------------------

gSfl;r izek.k&i= 1- izkFkhZ dk uke ¼O;fDr@QeZ@laLFkk dk uke½ --------------------------------------------------------- 2- firk@ifr dk uke Jh -------------------------------------------------------------------------------------------------- 3- fuokl LFkku& ¼v½ LFkkbZ irk nwjHkk"k lfgr ------------------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------------------------------------- ¼c½ vLFkkbZ irk nwjHkk"k lfgr -----------------------------------------------------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------------------------------------------------------- 4- O;olk; --------------------------------------------------------------------------------------------------------------------------------------------------------------------- 5- lEifRr dk fooj.k%& ftyk eftLVªsV@dysDVj ds }kjk py@vpy lEifRr@gSfl;r ds lEcU/k esa iwjk

fooj.k fuEu izdkj ls fn;k tk;A ¼d½ vpy lEifRr& tehu@Hkw[k.M@edku@nqdku@O;olkf;d izfrBku@m|ksx /kU/ks vkfn dks iwjk fooj.kA

;g lEifRr Bsdsnkj ds uke gS vFkok fdlh vU; O;fDr ds uke ls gS] bldk Li"V mYys[k fd;k tk;A bl lEcU/k esa l{ke vf/kdkjh }kjk fuxZr izek.k&i= layXu fd;k tk;A lEifRr dk ewY;kadu@cktkj ewY; rFkk lEifRr cSad vFkok fdlh foRrh; laLFkk esa ekxsZt gks rks mldk fooj.k Hkh fn;k tk;A

¼[k½ py lEifRr& eksVj okgu@fuekZ.k dk;ksZ esa iz;qDr e'khuksa rFkk vU; py lEifRr dk iwjk fooj.k fn;k tk; ;g lEifRr Bsdsnkj ds uke gS vFkok fdlh vU; O;fDr d uke ls gS] bldk Li"V mYys[k fd;k tk;A bl lEcU/k esa l{ke vf/kdkjh }kjk fuxZr izek.k&i= layXu fd;k tk;A lEifRr dk ewY;kadu@cktkj ewY; fdruk gSA ;g lEifRr cSd vFkok fdlh vU; foRrh; laLFkk esa ekxsZt gks rks mldk fooj.k Hkh fn;k tk;A

6- cSad vFkok foRrh; laLFkk esa dksbZ /kujkf'k gks rks blds fy, cSad dk uke@[kkrk la[;k ,oa mlesa j[kh /kujkf'k dk fooj.k fn;k tk;A blds fy, cSad vFkok foRrh; laLFkk }kjk fuxZr izek.k&i= layXu fd;k tk;A

7- gSfl;r izek.k&i= ds fy, gSfl;r ds :i esa ;fn cSad eas tek /kujkf'k n'kkZ;h tkrh gS rks og /kujkf'k de ls de rhu ekg igys ls cSad esa tek gksuh pkfg, vkSj dk;Z iwjk gksus rd cSad esa vo'; tek jguh pkfg,A

8- izkFkhZ dk iSu uEcj---------------------------------------------------- gSA

esjs }kjk Jh ¼;gka O;fDr@QeZ@laLFkk vkfn dk uke fy[kk tk;½ --------------------------dh py vkSj vpy lEifRr ds ckjs esa rF;ksa dh tkudkjh dj yh x;h gS vkSj mldk fooj.k mijksDrkuqlkj fn;k x;k gSA

eSa izekf.kr djrk gw¡ fd esjh tkudkjh esa mijksDr lHkh rF; lgh gS vkSj rF;kRed fjiksVZ ds vk/kkj ij ;g izek.k&i= fuxZr fd;k tk jgk gSA

fnuakd fnuakd fnuakd fnuakd ------------------------------------------------------------------------------------------------ gLrk{kjgLrk{kjgLrk{kjgLrk{kj

ftyk eftLVªsftyk eftLVªsftyk eftLVªsftyk eftLVªsV@dysDVjV@dysDVjV@dysDVjV@dysDVj ¼eqgj lfgr½¼eqgj lfgr½¼eqgj lfgr½¼eqgj lfgr½

69

I.D.T.-3 Lo?kks”k.kk ‘kiFk&i=

¼fufonk izi= ds lkFk “kiFk&i= ewy :i esa layXu fd;s tkus gsrq½ eSa ------------------------------------------------------iq= Jh ------------------------------------------------------- fuoklh ¼LFkk;h irk½ ------------------------------------------------------------------------------------------------------ ¼vLFkkbZ irk½ ------------------------------------------------------------------------------------------------------------ dk fuoklh gw¡A

eSa “kiFkiwoZd fuEu ?kks’k.kk djrk gw¡A 1- eSa flapkbZ foHkkx dk ,,@,@ch@lh@Mh Js.kh dk iathd̀r Bsdsnkj gw¡@ugha gw¡A ¼foHkkx }kjk fuxZr Js.kh lEcU/kh izek.k&i= layXu fd;k tk;½ esjs

ikl i;kZIr py vkSj vpy lEifÙk gS vkSj O;olkf;d :i ls eSa flapkbZ foHkkx ds dk;ksZa dks iwjk djus ds fy, l{ke vkSj leFkZ gw¡A esjs ikl vko”;d e”khus vkSj midj.k vkfn Hkh gS rFkk eq>s bl dk;Z dk i;kZIr vuqHko gSA

2- flapkbZ foHkkx }kjk tks ¼dk;Z dk fooj.k fy[kk tk;½ ---------------------------------------------------------------------------- djkus dh fufonk fuxZr dh x;h gS mlds fy, eSa foHkkx }kjk fu/kkZfjr izk:i ij fufonk Hkj jgk gw¡A

3- esjs }kjk fn;s tk jgs izek.k&i= pfjr izek.k&i=@gSfl;r izek.k&i=@vk;dj izek.k&i=@ O;kikj dj izek.k&i=@chM lsD;ksfjVh izek.k&i=@chM dSfiflVh izek.k&i=@tekur /kujkf”k vkfn dk izek.k&i= rFkk vU; lqlaxr vfHkys[k vkfn ewy :i esa fufonk i= ds lkFk layXu dj fn;s x;s gSA

4- esjk iSu ua0 ------------------------------------------------- gS rFkk vk;dj foHkkx }kjk iznÙk uohure vk;dj izek.k&i= layXu gSA 5- esjs fo:) vijkf/kd eqdneksa dk fooj.k fuEu izdkj gSA ;gka iwjk fooj.k fn;k tk;& 1- eqdnek uEcj ------------------------------------------------------------------------------------------------------------------------------------------------------- 2- /kkjk;sa ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- 3- Fkkuk ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 4- tuin -------------------------------------------------------------------------------------------------------------------------------------------------------------------- 5- U;k;k;y ¼tgka eqdnek py jgk gS½ ------------------------------------------------------------------------------------------------------------ 6- eSa flapkbZ foHkkx vFkok jkT; ljdkj ds vU; foHkkxksa }kjk CySd fyLVsV Bsdsnkj dh Js.kh esa ugha vkrk gw¡A eSa vijkf/kd xfrfof/k;ksa] ekfQ;k rFkk

xSaxsLVj xfrfof/k;ksa vkSj laxfBr vijk/k djus dh xfrfof/k;ksa vkSj vlkekftd dk;ksZa vkfn esa fyIr ugha gw¡A eSa ekfQ;k vkSj vijk/kh ugha gw¡A esjk pky&pyu] dk;Z rFkk vkpj.k mÙke gSA

7- esjs fo:) tuin esa rFkk izns”k esa dksbZ Hkh eqdnek ntZ ugha gSA 8- ;fn Bsdk izkIr djus ds i”pkr esjs fo:) ekfQ;k xfrfof/k;ksa@vlekftd xfrfof/k;ksa ,oa laxfBr vijkf/kd xfrfof/k;ksa esa fyIr gksus ds ckjs esa dksbZ

f”kdk;r izekf.kr ik;h tkrh gS rks l{ke vf/kdkjh dks ;g vf/kdkj gksxk fd o esjk Bsdk@vuqcU/k fujLr dj nsaA bl ij eq>s dksbZ vkifÙk ugha gksxhA esjs }kjk ;fn foHkkx@jkT; ljdkj ds fo:) dksbZ vijkf/kd d̀R; fd;k tkrk gS vFkok ljdkjh /ku dk xcu fd;k tkrk gS rks l{ke vf/kdkjh dks ;g vf/kdkj gksxk fd og esjs fo:) vijkf/kd eqdnek fu;eksa ds vUrxZr ntZ djk;saA

9- eSa vuqcU/k dh “krksZa ds vuqlkj le; ls] iwjh xq.koÙkk ds lkFk fu/kkZfjr fof”kf’V;ksa ds vuq:i dk;Z iwjk d:axk vkSj foHkkx dks iwjk lg;ksx iznku d:xkaA

10- esjk dk;Z ,oa vkpj.k mÙke gSA 11- eSa “kiFkiwoZd ?kks’k.kk djrk gw¡ fd esjk LFkk;h irk vkSj vLFkk;h irk fuEu izdkj gS& ¼v½ LFkk;h irk ¼nwjHkk’k lfgr½ ----------------------------------------------------------------------------------------------------------------------------- ¼c½ vLFkk;h irk ¼nwjHkk’k lfgr½ --------------------------------------------------------------------------------------------------------------------------- ¼;gka iwjk irk nwjHkk’k lfgr ,oa fiudksM lfgr fy[kk tk;½ 12- eSa “kiFkiwoZd ?kks’k.kk djrk gw¡ fd eSa mijksDr irs ij jgrk gw¡ rFkk foHkkx }kjk iznku fd;s x;s dk;Z ds iwjk gksus rd esjs fdlh irs esa lkekU;r% dksbZ

ifjorZu ugha gksxkA ;fn vifjgk;Z ifjfLFkfr;ksa esa fdlh irs esa ifjorZu gksrk gS rks bldh lwpuk eSa rRdky vf/k”kklh vfHk;Urk] flapkbZ foHkkx }kjk ftyk eftLVªsV@dysDVj dks nwaxkA

13- eSa ;g Hkh ?kks’k.kk djrk gw¡ fd foHkkx ds fty dk;Z ds fy, esjs }kjk Bsdk fy;k tk jgk gS mlds lkis{; py ,oa vpy lEifÙk dk gSfl;r izek.k&i= ftyk feftLVªsV@dysDVj ¼tuin dk uke fy[kk tk;½ ------------------------------------ }kjk izkIr djds ewy :i ls layXu fd;k tk jgk gSA ;g Hkh ?kks’k.kk djrk gw¡ fd bl gSfl;r izek.k&i= dk mi;ksx vU; dk;ksZa ds fy, ugha fd;k tk;sxkA

14- flapkbZ foHkkx ds fdlh Hkh voj vfHk;Urk@lgk;d vfHk;Urk@vf/k”kklh vfHk;Urk@v/kh{k.k vfHk;Urk ;k vU; dksbZ LVkQ dk dksbZ Hkh utnhdh fj”rsnkj esjs@gekjs ;gka lsokjr ugha gSA

15- eSa ;k esjh QeZ@dEiuh ftlesa eSa Lo;a funs”kd@ikVZuj@ekfydkuk gd gS us dgha Hkh dk;Z fd;k gS] dgha Hkh esjs uke ls tqM+h dEiuh ftlesa eSa funs”kd@ikVZuj jgk gw¡] CySd fuLVsM ;k fnokfy;k ?kksf’kr ugha fd;k x;k gw¡A

16- esjk iSu ua0 ------------------------------------------------------- gS rFkk vk;dj foHkkx ls uohure dj fu/kkZj.k o’kZ dk vk;dj izek.k&i= ¼QkeZ&16½ dh lR;kfir izfr layXu gSA

17- eSa viuh iw.kZa tkudkjh esa isjs gks”kks&gok”k esa] LoLFkfpÙk ls] iwjh lR;fu’Bk ls rFkk LosPNk ls ;g “kiFk&i= fy[kdj ns jgk gw¡A bZ”oj esjh en~n djsaA layXud&uohure vk;dj fu/kkZj.k o’kZ dk QkeZ&16 fnuakd ----------------------------------------------------------------------

“kiFkh dk iwjk gLrk{kj“kiFkh dk iwjk gLrk{kj“kiFkh dk iwjk gLrk{kj“kiFkh dk iwjk gLrk{kj iwjk uke iwjk uke iwjk uke iwjk uke ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- irk irk irk irk ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ uksVuksVuksVuksV& 1- ;g Lo?kks’k.kk “kiFk&i= :0 100@& ¼:0 ,d lkS½ ds LVkEi isij ij uksVjh }kjk lk{;ksa dh mifLFkfr esa lR;kfir djkrs gq, fn;k tk;sxkA 2- vlR; “kiFk&i= nsuk ,d laxhu vkSj laKs; vijk/k gSA 3- lEcfU/kr O;fDr }kjk ikl iksVZ lkbt dk vijk QksVksxzkQ] tks jktif=r vf/kdkjh }kjk izekf.kr gks] “kiFk&i= ds Åij fu/kkZfjr LFkku ij pLik

fd;k tk;sxkA

70

SECTION-III(D) CHECK-LIST

e-TENDER NOTICE NO. 07/EE/2017-18

FOR THE COMPREHENSIVE AMC OF VARIOUS COMPUTERS & PRINTERS

Computer Center, Irrigation & Water Resources Department, U.P., Lucknow.

Sl.No. Document Duely signed submitted or

not

1. Bid Document Fee

2. Earnest Money deposit (EMD)

3. Invitation for Bids

4. Instructions to Bidders (ITB)

5. General Conditions of Contract (GCC)

6. Special Conditions of Contract (SCC)

7. Financial Bid

8. I.D Form No. 111

9. I.D Form No. 112

10. Certificate of Relationship

11. DECLARATION

12. BID FORM

13. FORM OF AGREEMENT

14. Form of Bank Guarantee for Earnest Money

15. Form of Bank Guarantee for Performance Security

16. Validity Commitment

17. Integrity Pact

18. Warranty Clause

19. Declaration regarding Blacklist

20. Form of undertaking

21. Form of Power of Attorney

22. Form of Bio-data of the Firm

23. I.D.T.-1 / Character certificate issued by Class-I Magistrate / Class-I

officer

24. I.D.T.-2 / Photocopy of proof of immovable property with affidavit

25. I.D.T.-3

*Originals shall be submitted in the office online up to the date & time prescribed as therein notice inviting e-bid.