Haryana Books Tender

8/3/2019 Haryana Books Tender

http://slidepdf.com/reader/full/haryana-books-tender 1/44

Price Rs. 1000/-(Non refundable)

BOARD OF SCHOOL EDUCATION HARYANA,BHIWANI(An ISO 9001-2008 certified organization)

TENDER DOCUMENT FOR PRINTING AND SUPPLYOF VARIOUS TEXT BOOKS FOR THE CLASSES 6 TH TO 8 TH

(ACADEMIC SESSION 2012-2013)

SECTION

NUMBER

TOPIC PAGE

NUMBER 1 : BIDDING DATA SHEET 2-3

2 : INVITATION FOR BIDS 4

3 : INSTRUCTIONS TO BIDDERS 5-19

4 : QUALIFICATION CRITERIA 20-21

5 : SCHEDULE OF REQUIREMENTS ANDSPECIFICATIONS

22-23

6 : BID SUBMISSION FORM AND PRICE SCHEDULE 24-25

7 : CONDITIONS OF CONTRACT 26-36

8 : CONTRACT FORM AND BANK GUARANTTE 37-38

9 : FORMS FOR DEPOSITING EARNEST MONEY ANDPERFORMANCE SECURITY AND NOTIFICATIONOF AWARD (LETTER REGARDING DEPOSITINGPERFORMANCE SECURITY AND AGREEMENTETC. BY THE SUCCESSFUL TENDERER)

39

10 : IMPOSITION OF PENALTY 40-42

11 : BILL PROFORMA 43

12 : CHECK LIST 44



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BOARD OF SCHOOL EDUCATION HARYANA,BHIWANI

SECTION 1Tender Document (ACADEMIC SESSION 2012-2013)

BIDDING DATA SHEET

Sr.No.

EVENT DATE TIME PLACE

1.Last Date & Time of Issue of BidDocuments

09.01.12 5.00 PMAssistant Secretary (Publication),Board of School Education Haryana,Hansi Road, Bhiwani

2. Deadline forSubmission of Bids 10.01.12 1.00 PM

SecretaryBoard of School Education Haryana,Hansi Road, Bhiwani

3.

Date, Time and Placeof opening of Technical Bids andFinancial Bids

10.01.12 2.00 PMSecretaryBoard of School Education Haryana,Hansi Road, Bhiwani

IMPORTANT NOTES :—

1. The price of this tender document is Rs.1,000/- (one thousand) only(non-refundable), which can be deposited in cash or in the form of Bank draft in favour of the Secretary, Board of School EducationHaryana, Bhiwani.

2. The Bids must be accompanied with an initial Earnest Money of Rs.50,000/- (Fifty thousand) only in the shape of CDR/TDR/FDR/DD.Old earnest money if any, lying with the Board will not beentertained.

3. Technical Bids and Financial Bids will be opened in the presence of the Bidders or their authorized representatives, who may wish to bepresent.



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4. Any delay, in receipt of Bids would be considered as latesubmission of Bid and such Bids will be rejected.

5. The Samples of Books, to be printed can be seen during officetime in the Office of the Assistant Secretary (Publication), Room

No.78, Board of School Education Haryana, Hansi Road,Bhiwani on any working day till one day prior to the closingdate.

6. Bid Documents can also be downloaded from the website :http:// www.hbse.nic.in

7. Financial Bids will be opened only of those firms who will qualifyin Technical Bids.

8. Bids shall remain valid upto 30-06-2012. Any Bid shown to bevalid for a shorter period than the period specified shall berejected by the Board treating as non responsive.

9. The delivery period of books will be 50 days from the date of notification of award. No extra time will be given for approvalof proofs.

10. The Board’s address is :—

Secretary,Board of School Education Haryana,Hansi Road, Bhiwani.

E-Mail : [email protected]

Website : http://www.hbse.nic.in

Phone No. 01664-243336

Fax No. 01664-254309,01664-241611

11. Important Phone Nos. :—

Deputy Secretary (Publication) : 09813601281

Assistant Secretary (Publication): 09813601665

Superintendent (Publication) : 09467715913



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SECTION 2INVITATION FOR BIDS

The Secretary, Board of School Education Haryana, Bhiwani invites sealed bids,complete in all respects as per tender contents from the eligible bidders for the printing

and supply of text books with paper as specified below in Table-AText Books Titles for Classes VI to VIII

(The Secretary has the right to add or delete any title/s & to increase/decrease thequantity and number of pages thereof)Net Rates to be quoted inclusive of cost of paper, Excise Duty, Cess, other taxes ,printing charges, all jobs related services , Cess, insurance, other taxes as applicableon that date/charges etc. No Excise Exemption Certificate will be issued by theBoard for purchase of paper for these Books.

Sr. No

Class Name of the title

SSA Books

Quantity

Priced Books

quantity

Total Books

quantity

Size in mm

Colour No. of pages

Net Rates in Rs. percopy of each titleinclusive of cost of paper, all jobs relatedservices and other taxesetc.

1 VI Jan Pehchan Bhag ‐1 (Urdu) 6300 5000 11300 170 X 240 Four 144

2 VII Jan ‐Pehchan Bhag ‐2 (Urdu) 6300 5000 11300 170 X 240 Four 120

3 VII Greh Vigyan 42000 ‐‐ 42000 140 X 210 One 200

4 VIII Jan ‐Pehchan Bhag ‐3 (Urdu) 5300 5000 10300 160 X 240 Four 116

Note :— The Secretary reserves the right to increase or decrease the number of pages of any of the title/titles at any stage and in that case payment will bemade proportionately.



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SECTION 3INSTRUCTIONS TO BIDDERS AND TABLES OF CLAUSES

Clause No Topic Page No.

3.A INTRODUCTION

1 Scope of Bid 7

2 Financial Capability/Budget Provision 7

3 Eligible Bidders 7

4 Eligible Goods and Services 7

5 Cost of Bidding 7

3.B BIDDING DOCUMENTS

6 Sections of Bidding Documents 8

7 Pre-bid meeting 8

8 Amendment of Bidding Documents 8

3.C. PREPARATION OF BIDS

9 Language of Bid 9

10 Documents Comprising the Bid 9

11 Bid Submission Form 10

12 Bid Prices 10

13 Bid Currencies 11

14 Documents establishing Bidder's Eligibility andQualification

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15 Earnest Money 11

16 Period of Validity of Bids 12

17 Format and Signing of Bids 12

3.D. SUBMISSION OF BIDS

18 Sealing and Marking of Bids 13

19 Deadline for Submission of Bids 1320 Late Bids 14

3.E. OPENING AND EVALUATION OF BIDS

21 Opening of Bids by the Board 14

22 Clarifications regarding Bids 15



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Clause No Topic Page No.

23 Responsiveness of Bids. 15

24 Correction of Errors 16

3.F. AWARD OF CONTRACT

25 Award Criteria 1726 Right of Board to Vary Quantities 17

27 Right of Board to Accept or Reject anyOR all Bids

17

28 Issue of Print Orders 18

29 Signing of Contract and Depositing of PerformanceSecurity

1

30 Corrupt and Fraudulent Practices 19

31 Any point not covered under the terms and conditions of the tender

19



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SECTION -3INSTRUCTIONS TO BIDDERS

3. A. INTRODUCTION

01. Scope of Bidi) The Chairman of Board of School Education Haryana, Bhiwani is the final

competent authority to approve the tender and will also be the supremeauthority for all issues related to the tender and finalization of the rates atwhich the work is to be finally assigned to the successful bidders andthereafter subsequent powers in all respects will rest with theSecretary/Chairman, Board of School Education Haryana, Bhiwani forexecution of the present job/additional/subsequent, orders.

ii) Board of School Education Haryana, Bhiwani, hereinafter referred to as theBoard, issues these Bidding Documents for the supply of Goods and RelatedServices incidental there to as specified in Section 5, Schedule of Requirements and Specifications.

iii) Throughout these Bidding Documents:

(a) The term “in writing” means communicated in written form by postand fax with proof of receipt;

(b) If the context so requires, “singular” means “plural” and vice versaand “day” means calendar day.

02. Financial Capability

The Board hereby declares that it has the financial capacity to get the textbooks printed for which tenders (bids) have been issued. Criteria regardingthe financial capability of the firms have been specified in Section 4.

03. Eligible Bidders

This invitation for Bids is open to all the eligible printers as perQualification Criteria given in Section 4.0. However, the bidding printersmust furnish an undertaking from the Paper Manufacturing Mill/s onlythat paper required for execution of the job by the printer will be suppliedby the mills in time, if any order is placed with them by the printer.

04. Eligible Goods and Services

All goods to be supplied, ancillary services thereto, under the contract

shall have their origin in India and all expenditures made under thecontract will be limited to such goods and services.

05. Cost of BiddingThe Bidder shall bear all costs associated with the preparation andsubmission of Bid, and the Board will in no case be responsible or liablefor these costs, regardless of the conduct or outcome of the biddingprocess. All bids from bidders must be accompanied with an earnest



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money for the amount mentioned in Section-1 of, Bidding Data Sheet,otherwise in no case the bid will be accepted.

3. B. BIDDING DOCUMENTS

06. Sections of the Bidding Documents

i) The Bidding Documents consists of Parts 1, 2, and 3, which include all theSections indicated below, and should be read in conjunction with anyaddendum/corrigendum issued in accordance with Clause 8 of Section 3.B.

Part 1 : Bidding Procedures

• Section 1.0 Bidding Data Sheet• Section 2.0 Invitation for Bids• Section 3.0 Instructions to Bidders• Section 4.0 Qualification Criteria• Section 5.0 Schedule of Requirements and Specifications• Section 10 Authorization/Undertaking by Paper Mills

Part 2 : SUBMISSION OF RATES

• Section 6.0 Bid Submission Form and Price Schedule.

Part 3 : Contract

• Section 7.0 Conditions of Contract• Section 8.0 Contract Forms• Form for Depositing :—

(a) Earnest Money (as deposit at call receipt/FDR/TDR/DD)

(b) Performance Security (Section 9)ii) The Board will not be responsible for the completeness of the Bidding

Documents and their addendum/corrigendum, which is to be read inconjunction with clause 8 of Section 3B. In this regard the entireresponsibility shall rest with the bidder to keep in touch with the concernedauthorities as well as the website of the Board.

iii) The Bidder is bound to minutely go through and examine all instructions,forms, terms, and specifications in the Bidding Documents. Failure tofurnish any of the required information’s or documentations as specified inthe tender document or any compliance or instructions in any manner, if

even communicated otherwise may result in the rejection of the bid.07. Pre-bid meeting

No pre-bid meeting will be held.

08. Amendment of Bidding Documents

i) At any time prior to the deadline for submission of Bids, the Board mayamend the Bidding Documents by issuing an addendum/corrigendum.



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ii) The amendment will be notified in writing to all Prospective Bidders whohave directly purchased the Bidding Documents, and will also be displayedon the website of the Board. The amendment will be binding on all theBidders. Bidders are advised to keep themselves updated with theinformation displayed on the website of the Board and the Board shall

not be responsible in case the bidder has not received suchaddendum/corrigendum in the manner stated above.

iii) In order to afford Prospective Bidders, reasonable time in which to take theamendment into account in preparing their Bid, the Board may, at itsdiscretion, extend the deadline for the submission of Bids.

3.C. PREPARATION OF BIDS

09. Language of Bid

The Bid prepared by the Bidder, as well as all correspondence anddocuments relating to the bid exchanged by the Bidder and the Board,shall be written legibly and clearly in English or Hindi languagewithout any cutting/overwriting, provided that any printed literaturefurnished by the Bidder may be in another language but it must beaccompanied by an accurate translation in English/Hindi with itspertinent portions in bold letters or highlighted .

10. Documents Comprising the Bid

The Bid submitted by the Bidder shall be in two separate parts.

Part I : This shall be named Technical Bid and shall consist of :

I. In the case of Bidding Documents downloaded from the website, a demanddraft in favour of the Secretary, Board of School Education Haryana,payable at Bhiwani for Rs. 1000/- (Non refundable) as the cost of theBidding Documents is required to be enclosed. This shall be placed in aseparate cover and marked “Cost of Bidding Document downloaded fromthe internet”

II. Earnest Money in a separate cover marked ‘Earnest Money’

Part II : This shall be named Financial Bid and shall consist of:I. Price Bid of quantities for items specified in Schedule of Requirements and

Specifications in Section 5;

II. Bid Submission Form and Price Schedule in Section 6 ;

III. Each part of the Technical & Financial Bid shall be separately sealedand marked in accordance with Sealing and Marking Instructions inClause 18 of Section 3D.



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IV. The following documents, not submitted with the Bid, will be deemed to bepart of the Bid.

Section Particulars

Section 1

Section 2Section 3Section 4Section 5Section 7Section 8

Bidding Data Sheet/Notice Inviting Tender

Invitation for BidsInstructions to BiddersQualification CriteriaSchedule of Requirements and SpecificationsConditions of ContractContract form

11. Bid Submission Form

The Bidder shall complete and submit the Bid Submission Form and Price Scheduleby using the form furnished in Section 6. These forms must be completed without anyalterations to its format or any cutting/overwriting and no substitutes shall beaccepted. All blank spaces must be filled in with the required information.

Note : The bidders are also advised to tally the number of pages of the booksmentioned on this form with the number of pages shown in Section-2(invitation for bids) before quoting the rates and they will be solelyresponsible in this regard.

12. Bid Prices

i) The Bidder shall indicate on the Bid Submission Form and Price Schedule,the Unit Price and Total Bid Price of the goods i.e. (Rates per book, inclusiveof cost of paper, all jobs, related services and all other taxes etc.) which theirfirm proposes to supply under the contract.

ii) Price indicated on the Price Scheduled shall be entered separately taking intoaccount clauses 12(iii)& 12(iv) mentioned below in respect of the basic price(excluding the Excise Duty) but included the Sale Tax/Vat, Cess, Freight andother charge like loading/unloading, charges of F.O.R., Insurance etc. Thusthe total price per unit has to be quoted in lumpsum.

iii) Bid Prices will not be adjusted for any unconditional or conditionaldiscount offered by the Bidder and such bids are liable to the rejected forwhich the firm will be responsible and the Board will not entertain anycorrespondence on this issue.

iv) Prices quoted by the Bidder will remain fixed during the Bidder's performanceof the contract and not be subject to variation on any account. A Bidsubmitted with an adjustable price quotation will be treated as non-responsiveand rejected.



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13. Bid Currencies

Prices shall be quoted in Indian Rupees only.

14. Documents Establishing Bidder's Eligibility and Qualifications

i) The Bidder shall complete the Bid Submission Form included in

Section 6.ii) The Bidder as per tender document shall provide documentary evidence as

per Section 4 of firm’s eligibility and qualifications to perform the contractto the Board’s entire satisfaction.

iii) The Board for ascertaining the capability of the bidder reserves the right toconfirm regarding the eligibility criteria by making physical inspection of the firm and verifying the original documents/ record of the firm beforeopening of financial Bids and even afterwards .

15. Earnest Money

i) Pursuant to Clause 10 of Section 3 the bidder shall furnish, as part of thebid, Earnest Money in the amount specified in the Bidding Data Sheet.

ii) The Earnest Money is required to protect the Board against the risk of bidder's conduct which would warrant forfeiture of Earnest Money,pursuant to Clause 15(vii) of Section 3.

iii) The Earnest Money shall be in form of Deposit at Call receipt/ TDR/FDR/DD.

iv) Any bid from a Bidder, not secured in accordance with Clauses 15 (i)and 15(iii) above will be summarily rejected by the Board asnon-responsive, pursuant to Clause 23 of Section 3.

v) The Earnest Money of unsuccessful bidders will be discharged/returned, as

promptly as possible, but not later than 60 days, after the award of contractto the successful Bidders. However, in disputed cases, the Board will not bebound to release the earnest money.

vi) The successful Bidder's Earnest Money will be discharged upon the Biddersigning the contract form (as Section 8) and after furnishing the requisiteperformance security pursuant to Clause 29 of Section 3.

vii) Earnest Money will be forfeited:

(a) If a Bidder withdraws the Bid or does not accept the correction of errors pursuant to Clause 24 of Section 3 during the period of Bidvalidity specified by the Bidder on the Bid form; or

(b) In case of the successful Bidders if the Bidder fails:(i) To sign the contract in accordance with Section 8

(ii) To furnish Performance Security in accordance with Clause 29of Section 3

(c) In case of fraudulent and corrupt practices as detailed in Clause 30.



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3 D. SUBMISSION OF BIDS

18. Sealing and Marking of Bids

i) The Bidder shall place two separate envelopes (called inner envelopes), marked“Technical Bid” and “Financial Bid” (duly sealed) in one outer envelope. The inner

envelopes will have markings as follows:Technical Bid: To be opened on the date & time as specified in the Bidding Data Sheet.

Financial Bid: Not to be opened except with the approval of the Chairman, Board of School Education Haryana, Bhiwani .

The contents of the Technical and Financial Bids shall be, as specifiedin Clause 10 of Section 3.

An envelope containing bank draft as the cost of bid document, in case the biddocument is downloaded from internet and also an envelope containing earnest moneyshould also be placed in the outer envelope otherwise the bid will be non-responsive and

liable to be rejected.ii) The inner and outer envelopes containing the Technical and Financial Bids shall be:

a) Addressed to the Board at the address specified in the Section I Bidding DataSheet.

b) “Do not open till finalization of evaluation of technical bid” shall be written onthe financial bid in the inner envelope and this envelope must be properlysealed.

iii) The inner envelopes shall indicate the name and address of the Bidder to enable thebid to be returned unopened in case it is declared "late".

iv) If the outer envelope is not sealed and marked as mentioned above, the Board will

assume no responsibility for the Bid's misplacement or premature opening.19. Deadline for Submission of Bids

i) Bids must be got received up to the date & time to the Board at the addressspecified in Section-I in the Biding data sheet. In the event of the specifieddate for the submission of Bids being declared a holiday, the Bids will bereceived up to the appointed time on the next working day.

ii) The Board may, at its discretion, extend this deadline for submission of Bids by amending the Bid Documents in accordance with Clause 8, inwhich case all rights and obligations of the Board and Bidders, previouslysubject to the deadline will thereafter be subject to the deadline as extended.

iii) It shall be the responsibility of the Bidders to ensure that the BiddingDocument is completed in all respects and is delivered/got received to theSecretary, Board of School Education Haryana, Bhiwani by 10.01.2012(1.00 P.M.) Any delay, the receipt of Bids would be considered latesubmission of Bid and the Bid would be rejected. Mere handing over of theBidding Documents at the Reception Counter or at any other unauthorizedcounter or room or person shall not be considered as submission of Bid andsuch bids are liable to be rejected.



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20. Late Bids

Any Bid received by the Board after the deadline for submission of Bidsprescribed by the Board, pursuant to Clause 19 of Section 3 will be rejected.

3 E. OPENING AND EVALUATION OF BIDS

21. Opening of Bids by the Board

i) The Committee of the Board headed by the Chairman/Secretary will openthe Bids received (except those received late) in the presence of theBidders/bidder’s representatives, who as per NIT to attend at the time, dateand place specified in the Bidding Data Sheet. In the event of the specifieddate for the submission of Bids being declared a holiday for the Board, theBids will be opened at the appointed time and location on the next workingday.

ii) The envelope containing the Technical Bid shall be opened first and thenthe inner envelope marked “Cost of Bidding Document downloaded fromthe Internet” will be opened, and if the Demand Draft for the cost of theBidding Documents is not there, or incomplete, the remaining BidDocuments will not be opened, and Bid will be rejected and the bidder willbe responsible for the same and shall have no right for further participation.

iii) In all cases, the amount of Earnest Money and validity shall be announced.Thereafter, the Bidders’ names and such other details as the Board mayconsider appropriate, will be announced by the Board.

iv) The Board will prepare minutes of the Bid Opening, including theinformation disclosed to those present in the meeting in accordance withClause 22.(1) of Section 3E.

v) The evaluation of Technical Bids will commence after its opening andevaluation will be made with respect to Earnest Money, QualificationCriteria and other information furnished in Part I of the Bid. On the basis of such evaluation a list of the responsive Bids will be drawn up. TheFinancial Bids of only those Bidders, who qualify in the evaluation of theTechnical Bids, will be considered.

vi) The Board shall announce /inform the Bidders, whose Technical Bids arefound responsive, of the date, time and place of opening of the FinancialBids. The Bidders so informed, or their duly authorised representative(s),may attend the meeting of opening of Financial Bids.

vii) At the time of the opening of the ‘Financial Bid’, the names of the Bidders,whose Technical Bids were found responsive in accordance with Clause21.(v) of Section 3E will be announced and the Financial Bids of only theseBidders will be opened. The responsive Bidder’s names, the Bid prices, thetotal amount of each Bid, and such other details as the Board may considerappropriate will be announced by the Board at the time of opening of



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Financial Bid. Any Bid Price which is not readable or not recorded will notbe taken into account in Bid Evaluation.

viii) The Board shall prepare the minutes of the opening of the Financial Bids.

22. Clarification regarding Bids

i) To assist in the examination, evaluation and comparison of Bids, the Boardmay, at its discretion, ask the Bidder for a written clarification of his/herBid. No change in the prices or substance of the Bid shall be sought,offered, or permitted, except to confirm the correction of arithmeticalerrors, if discovered by the Board in the Evaluation of the Bids, inaccordance with Clause 24 of Section 3E.

ii) No Bidder shall contact the Board on any matter relating to firm’s Bid fromthe time of the Bid opening to the time the contract is awarded. Anyattempt by any Bidder to influence the Board’s Bid Evaluation, BidComparison or Contract Award decision in any manner may result insummary rejection of its Bid and this will be treated as a fraudulentand corrupt practice and in such cases the earnest money of the firmwill be forfeited besides any other action as deemed fit by theChairman.

23. Responsiveness of Bids

i) During the detailed evaluation of “Technical Bids”, the Board shalldetermine whether each Bid: (a) meets the eligibility criteria defined inClauses 3 and 4 of Section 3, (b) has been properly signed; (c) is

accompanied by the required securities; (d) meets the minimum quantity of Bid, and (e) is substantially responsive to all the requirements of theBidding Documents. During the detailed evaluation of the “Financial Bids”,the responsiveness of the Bids will be further determined with respect to theremaining Bid conditions, i.e., Schedule of Requirements andSpecifications, Section V and all other conditions of the tender.

ii) A substantially responsive “Financial Bid” is one which conforms to all theterms, conditions, and specifications of the Bidding Documents, withoutmaterial deviation or reservation and meets all the requirements of theBoard as laid down in the relevant tender. A material deviation orreservation is one (a) which affects in any substantial way the scope, qualityor performance of the Goods; (b) which limits in any substantial way,inconsistent with the Bidding Documents, the Board’s rights or the Bidder’sobligations under the Contract; or (c) whose rectification would affectunfairly the competitive position of other Bidders presenting substantiallyresponsive Bids.

iii) If a “Financial Bid” is not substantially responsive, it is deemed to berejected by the Board, and can not subsequently be made responsive by



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28. Issue of Print Orders

i) Prior to the expiration of the period of Bid Validity, the Board will notifythe successful Bidder, in writing through registered letter or fax (fax to beconfirmed in writing through registered letter.), that the firm’s Bid has

been accepted.ii) The placement of work order/purchase order will be treated as the

formation of contract.

iii) Upon the successful Bidder furnishing of Performance Security, pursuantto Clause 29 of Section 3 the Board will promptly notify each unsuccessfulBidder and will discharge his/her Earnest Money, pursuant to Clause 15(v)of Section 3.

iv) Successful Bidders will complete the delivery of awarded booksdefinitely within 50 days from the date of issue of order letter. Thisperiod includes the actual period of proof reading taken by theEducation Board’s office. If the period of return after proof readingexceeds four working days from the date of submission of proof thenthe firm will be entitled for extra time from Board’s office. The periodof 7 (seven) days only will be given for getting the proof approved fromthe Board. The responsibility for getting in time clearance of proofsfrom the office shall rest exclusively with the printer. It is theresponsibility of the Printer to collect the Manuscripts, CDs and allother relevant material necessary for starting the job of printing. If there is any discrepancy with regard to the text matter etc. in the CDor positive supplied by the office, the printer shall contact immediately

over telephone as well as through fax followed by confirmatory copythrough Registered Post to Sh.N.K. Salwan, Director (EducationWing), Board of School Education Haryana, Bhiwani Tel. No. 01664-254301 and a copy in this connection is also to be sent to AssistantSecretary (Publication) Board of School Education Haryana, Bhiwanithrough Regd. post.

v) Supplying of Distribution List : The distribution list of books will besupplied to the printer not later than 15days from the date of placing theorder with them. No extra time will be provided to the printer on theground that the distribution list was not supplied with the work order.

29. Signing of contract and depositing of performance security

i) At the same time as the Board notifies the successful bidder that the firm’sBid has been accepted, the Board will send the bidder the Contract Formprovided in Section 8 of the bidding documents.

ii) Within seven (7) days of issue of the print order, the successful bidder shallsign and date the contract as per section 8 and positively return it personally



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to the Board and also deposit the performance security for an amount of 10% of the contract value failing which a penalty @ Rs.5000/- per day forthe next three days will be imposed, otherwise action as deemed fit by theChairman including forfeiture of the earnest money or also black listing thefirm and to assign the job to the next eligible and willing firm or also to

enhance the amount of penalty can be taken and such order of the Chairmanwill be final and binding upon the firm.

iii) Failure of the successful bidder to comply with the requirement of Clause29 and 30 of Section 3 shall constitute sufficient grounds for annulment of the award and forfeiture of the earnest money, in which event, the Boardmay assign the award to one of the next lowest Evaluated Bidders willing toexecute the job or call for new Bids.

30. Corrupt or Fraudulent Practices

i) The Board requires the Bidders to strictly observe the laws against fraud andcorruption, as in force in India, namely, Prevention of Corruption Act, 1988.

ii) “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurementprocess or in contract execution.

iii) “Fraudulent practice” means misrepresentation of facts in order to influencea procurement process or the execution of a contract which is detrimental tothe Board and include collusion practice among Bidders (prior to or afterBid submission) designed to establish bid price at artificial, non competitivelevels and to deprive the Board of the benefits of free and fair competition.

iv) If in any case it is found that a firm has tried to cheat the Board by usingsub-standard paper or any other material intentionally or in any other way,such cases will also be treated with in the ambit of fraudulent practices, andpenalty is to be imposed as per provision of section-XII of the tender.

v) If at any stage, it is found that a particular firm has misrepresented/ concealed the facts or the contents of the documents and such documentssubmitted by the firm are found to be wrong or false, such conduct of thefirm shall also be dealt with under fraudulent practices.

31. Any point not covered under the Terms & Conditions of the tender

For any point not covered under the provisions of the tender, the Chairman, Boardof School Education Haryana shall be the final competent authority, whose ordersin this regard shall be final and binding upon the bidders.



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SECTION 4Qualification Criteria

(Refer to in Clause 14 (ii) of ITB )

1. The bidder must have at least two year’s experience in printing and bindingwork. For this the bidder required to submit Experience Certificate preceding.

2. The bidder must deposit an Earnest Money of Rs.50 thousand in the shape of CDR/TDR/FDR/DD.

3. The bidder must have the required machinery as given below:-

(a) Category-I For Four Colour books

i) One no. Four-Colour Web or Sheet Fed Offset Printing Machine

OR

ii) One no. Single/Two Colour Web or Sheet Fed Offset Machine.

(b) Full-fledged Plate-Making Unit(c) Trimming/Cutting Machines

(d) Full-fledged Binding Unit and at least 1 Perfect Binding Machine of 3clamps.

Note : List of machinery must also be attached.

3. The bidder firm must also submit undertaking regarding following points onthe letter head pad to the effect:-

(a) “That I/we have read and understood all the terms & conditions given inthe Tender Documents and our firm fulfils the eligibility criteria for

executing the job and information furnished in the bidding documents iscorrect to the best my/our knowledge and our firm will strictly act inaccordance with terms & conditions of the tender and instructions of theBoard.

(b) The Firm possesses sufficient godown space for the safe storage of paperrequired for the printing of the books and storage of the printed material.

(c) That our firm has never been disqualified for the Printing & Supply of Text Books/ Any publication work by the Board of School Education,Haryana/Any other Board/University/Controller Printing & StationeryDeptt., Haryana/ NCERT, New Delhi, Any Text Books PrintingBoard/Agency/Any Semi Govt. /Govt. Board in India etc. nor any suchaction is in process against the firm.

(d) That we shall supply the quantity of books as shown in Table ‘A’ Section 2.(e) That we shall supply the Books within the prescribed schedule mentioned

in the Tender document from the date of receipt of Print Order. We acceptthe Clause 14 of Terms & Conditions for Printing of Books as mentionedin the Tender Document. We also agree to the condition if Books are notsupplied as per the terms and conditions of the tender, Board will be at



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liberty to forfeit our EMD/Performance Security and to impose the penaltyas deemed fit by the Chairman of the Board.

(f) That our Bid shall remain valid upto 30.06.2012 as specified in theBidding Data Sheet from the last date of submission of bid.

(g) That our firm is capable of procuring the text and cover paper fromType ‘A’ (specification of Type ‘A’ paper as per BIS Specifications:-Manufactured from pulp containing not less than 60% by mass of pulp made from materials other than bamboo, hard wood, soft woodand reed) and supply the contracted quantity of books within the specifieddelivery schedule.

(h) That our firm has submitted a credit worthiness certificate on letterhead of the Bank from …………………………………………..(Name of theBank), assuring financial assistance for purchasing paper and executingthe job smoothly and successfully without any financial hurdle, (mentionthe amount of assistance).

(i) That our firm will execute all jobs such as printing, binding, cutting,packing, lamination godowning etc. and all infrastructures required can bearranged area available with the firm.

(j) That our firm shall not be entitled to make any claim, whatsoever againstthe Board arising out of the contract nor we shall be entitled for gettingentertained any claim for consideration before the Board and we shallhonour the decision of the Chairman, Board of School Education Haryana,Bhiwani.

(k) That our firm has attached a self attested certificate alongwith attestedphoto copies of Press Registration Certificate, Declaration U/S 4 of thePress & Registration of the Books as per Act-1867, certificate regardingRegistration and License to Work as Factory.

In case, at any stage, any of the information is found to be incorrect/false orconcealed or our firm does not act according to the requirements of the tender, the Boardwill have every right to take any action against me/us my/our firm including registrationof a criminal case against the firm or proprietors.

Deponent

VERIFICATION :

That the information given by me/us our firm is true and correct to the best of

my knowledge and belief and nothing has been concealed therein.Deponent

Date ____________

Place ___________ (Name in full)



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SECTION 5SCHEDULE OF REQUIREMENTS AND SPECIFICATIONS

I. PAPER QUALITY & SPECIFICATIONS(i) “Printing Offset” Text Paper, BIS 1848: 1991 (amended up to date) of 80

GSM (BIS-Type-A) with watermark (at every 8”) of the Mill(manufactured from pulp containing not less than 60% by mass of pulpmade from materials other then bamboo, hard wood, soft wood and reed)and Cover Paper, BIS 6956: 2001, (amended up to date) of 150 GSM(BIS-Type A) are to be used. The dirt and specs in paper should not exceed in40mm 2 per m 2 Equivalent black area (EBA), the paper should with thebrightness 75% and should be with light blue tint. Text Paper & coverpaper both must confirm to all BIS parameters/ specifications.

Note :- Text and Cover paper must be of uniform formation with fairsmoothness on both sides and reasonably free from specks, sieves, holesand other blemishes and the paper must conform to all the parameters

and criterion, as laid down by the Bureau of Indian Standards for theabove types of paper.

II. SAMPLE OF PAPERAll the bidders are required to attach 10 (ten) full sheets (folded) of samples of Text Paper & Cover Paper to be used in the printing of books with the TechnicalBids. These samples should be preferably certified by the concerned mill. Eachsample of paper must also be duly stamped and signed indicating: (a) the firm’sname and address along with manufacturer mark (b) description/all specifications of paper as laid down by the Bureau of Indian Standards. R & D Lab. Test Report of Mill is also to be attached with the samples for adjudging the quality of the productin physical appearance and these samples will form the basis for evaluating theTechnical Bid and for the purpose of lab tests of the finished material at the cost of Bidders at a later stage and for the purpose of making the payments. Beforemaking the final payment Board may also seek confirmation from theconcerned paper mill by sending these samples, other samples drawn duringwork in progress and the finished goods so as to ensure the correct andprescribed use of Text and Cover Paper by the printer. No printer in any casewill use the text and cover paper other than the samples submitted by its firmand approved by the Board without the prior permission of the Chairman,Board of School Education Haryana otherwise a very serious view by treatingthe matter under fraudulent practices will be taken.

III. The books containing up to 112 pages should be centre stitched, by wire at2 places while the books containing more than 112 pages are to be bound byPerfect Binding Machine without end leaves.

IV. The trimmed sizes of books should be as per sizes prescribed in the tender.



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V Submission of proofs

The printer is bound to get approved the coloured/computerized printouts of thecomplete text matter of the books within seven days from the date of receipt of MSS/CD of the book/books in one go duly stitched and bound. All the fourcolour pages must be printed on 4 colour machines for getting better quality.

VI. Display of Printer’s name, GSM of the Text & Cover paper and the names of the Mill/s.All printers are bound to mention the names of paper Mill/s alongwith GSM of Text and Cover paper used in the printing of books alongwith name and addressof the firm on the back of the first prelim page. The printers will get approved theproof pages in this respect alongwith the other proof of the text matter.

VII NUMBERING

“All the titles of Text-Books will be serially numbered with 10 digits numbersspecifying the Printer’s Code in first 2 digits, Year Code in next 2 digits andSerial Number of Book is atleast 6 digits. The book should be bundled insequence as per the number which should be used to control the quantitydispatched to various centers.

VIII. Packing

Books should be packed in uniform bundles containing 25 books in eachbundle and to be wrapped in suitable packing tied with plastic strips/sutli.

IX. The printed books are to be delivered as per distribution list at 21 venues invarious districts at the addresses to be given by the Board’s (during office hoursfrom 9.00 am to 5.00 pm). It may be noted that the stores/offices remain closed onSaturday and Sundays and on any other notified holidays. If during the course of printing the Govt. /Board takes the decision to open any additional Text BooksSales Depot in the state, the printers will have to supply the books without anyextra charges per communication to the effect.

X. In case of short supply totaling up to maximum four hundred copies of the title/sallotted to a printer at a Text Books Sales Depot of the Board, the same can besupplied at the Board’s Head office at Bhiwani and in case short supply exceeds400 books at a Text Books Sales Depot, penalty @ Rs. 2500/- as the shiftingcharges will be imposed.



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SECTION 6

BID SUBMISSION FORM AND PRICE SCHEDULE

(Referred to in Clause 14)

To,The Secretary,Board of School Education Haryana,Bhiwani .

Sir,

Having examined the Bidding Documents including AddendaNos...................... ......., the receipt of which is hereby duly acknowledged, we, theundersigned, undertake and offer to supply and deliver..…… ……… ……… ……… ……… ……… ……… ……………………

Further. we undertake that, if our bid is accepted, we will deliver the goods asper specifications and in accordance with the delivery schedule specified in the Scheduleof Requirements and Specifications.

If our bid is accepted, we will obtain the guarantee of a bank in a sumequivalent to 10% of the Contract Price for the due performance of the Contract, in theform prescribed by the Board valid for 9 month and submit the same within four daysalongwith the contract form.

I/We agree to abide by this Bid for the Bid validity period of …… days fromthe date of opening of Technical Bid. It shall remain binding upon us and may beaccepted at any time before the expiration of that period.

I/We agree that the following documents are deemed to be the part of the Bid.

Section ParticularsSection 1 Notice inviting Tender/Bidding Data SheetSection 2 Invitation for BidsSection 3 Instruction to BiddersSection 4 Qualification CriteriaSection 5 Schedule of Requirement and specificationSection 7 Condition of Contract

Section 8 Contract form Minutes of pre-bid meeting

The placement of work order/purchase order shall constitute a bindingContract between parties.

I/We undertake that, in competing for and for execution of the contract if allotted (and, if the award is made to me/us, in executing) the above contract, we will



25

strictly observe the laws against fraud and corruption as in force in India namely"Prevention of Corruption Act 1988".

I/We hereby certify that I/We have taken steps to ensure that no person actingfor us or on our behalf will engage in bribery.

I/We understand that you are not bound to accept the lowest/ to accept any bidor you may receive and you reserve the right to reject any bid/all bids without assigningany reason to me/us.

I/We attach here with an undertaking confirming that the informationfurnished in the Bid is correct to the best of my/our knowledge and belief.

I/We clarify/confirm that I/We at the movement fulfill all the eligibilityrequirements as per Clause 3 and 4 of the bidding documents.

Dated this ..........day of.......………………….2011.........................

(Signature)Duly authorized to sign Bid for and on behalf of.............................................................

(Name in full)

Seal of the firm

Mobile No._____

Section Particulars

Section 1

Section 2

Section 3

Section 4

Section 5

Section 7

Notice inviting Tender/Bidding Data Sheet

Invitation for Bids

Instruction to Bidders

Qualification Criteria

Schedule of Requirement and specification

Condition of Contract



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CONDITIONS OF CONTRACT

INDEX PAGE NO.

1. Definitions 27

2. Contract Documents 27

3. Entire Agreement 28

4. Specification and Standards 28

5. Patent Rights 28

6. Performance Security 28

7. Inspections and Tests 29

8. Packing and Documents 30

9. Delivery and Documents 30

10. Insurance 31

11. Incidental Services 31

12. Warranty 32

13. Terms of Payment 32

14. Prices 33

15. Contract Amendment 33

16. Assignment 33

17. Delay in the Supplier’s Performance 33

18. Termination for Default 3419. Force Majeure 35

20. Termination of Insolvency 35

21. Work Order 35

22. Resolution of Disputes 35

23. Governing Language 36

24. Notices 36

25. Taxes and Duties 36

26. Additional Order/Repeated Order and Extension of Tenure of the Tender 36

27. Any point not covered under the terms & conditions of the tender 36



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SECTION 7CONDITIONS OF CONTRACT

01. Definitions

In this contract, interpretation of terms will be as follows:—(a) “the contract” means the agreement entered into between the Board and the

Supplier, as recorded in the Contract Form signed by the parties, including theprinter/supplier with all the attachments and appendices thereto and alldocuments incorporated by reference therein.

(b) “Contract Documents” means the documents listed in the Contract, includingany amendments thereto.

(c) “Contract Price” means the price payable to the Printer/Supplier, as specifiedin the Contract, subject to such additions and adjustments thereto ordeductions therefrom, as may be made pursuant to the Contract.

(d) “Day” means calendar day.(e) “Completion” means the fulfillment of total supply of goods as per

specifications, by the Supplier at all the Text Book Sale Depots as perdistribution list and in accordance with the terms and conditions set forth inthe Contract and the instructions given from time to time, to the entiresatisfaction of the Board.

(f) “COC” means the Conditions of Contract.(g) “Goods” means all of the commodities and/or other materials that the

Supplier is required to supply to the Board under the Contract.(h) “The Board” means the Board of School Education, Haryana.(i) "Related Services" and “Services” means services ancillary to the supply of

the Goods, such as like loading and unloading, transportation and insurance,and any other incidental services and other obligations of the Supplier coveredunder the contract;

(j) “Supplier” means the natural person, private or government entity, or acombination of the above and the printer whose Bid to perform the Contracthas been accepted by the Board and is named as such in the Contract.

02. Contract Documents

All documents forming the Contract (and all parts thereof) are intended to becorrelative, complementary, and mutually explanatory. The Contract shall beread as a whole. Subject to the order of precedence set forth below.

a) Contract

b) Condition of Contract

c) Schedule of Requirements and Specifications

d) Bid Submission Form and Price Schedule

e) Instructions to Bidders with Text Books Sale Depots

f) Notice inviting Bids

g) (a) Bank Guarantee for Performance Security

(b) Supplier’s Undertaking.



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03. Entire Agreement

i) The Contract constitutes the entire agreement between the Board and theSupplier and supersedes all communications, negotiations andagreements (whether written or oral) of the parties with respect theretomade prior to the date of Contract.

ii) No amendment or other variation of the Contract shall be valid unless itis in writing, is dated, expressly refers to the Contract, and is signed by aduly authorized representative of each party thereto.

04. Specifications and StandardsThe Goods supplied under this contract shall conform to the standardsmentioned in the Specifications and standards mentioned in the Schedule of Requirements and Specifications.

05. Patent RightsThe Supplier shall indemnify the Board against all third-party claims of infringement of patent, trademark or industrial design rights arising from use of the Goods or any part thereof in the country.

06. Performance Securityi) Within 7 (seven) days, after the issue of the print order, the Supplier shall

furnish Performance Security alongwith contract form personally to theBoard for an amount equal to 10% of the contract value which will be validfor a period of 9 months from the date of award of contract. In disputedcases, it will be at the discretion of the Chairman, Board of SchoolEducation Haryana to extend the period. It will the responsibility of the firmto collect the order letter, CD, MSS, Positive etc. within the stipulated periodpersonally, otherwise such period shall be counted as delay period anddeductions shall be made as specified in penalty clause.

ii) Performance Security/any payment of already lying with the Board isnot adjustable towards the performance Security of the present tender.

iii) The proceeds of the Performance Security shall be payable to the Board ascompensation for any loss resulting from the Supplier's failure to completehis/her obligations under the contract to the entire satisfaction of the Boardand/or on account of deduction of the amount of penalties and/or on accountof any act of the bidder as defined in corrupt and fraudulent practices.

iv) The Performance Security shall be denominated in Indian Rupees and shallbe in the form of a Bank Guarantee as per the prescribed proforma given inSection 9 issued by any of the Scheduled Bank.

v) In the event of any contract amendment, the Supplier shall, within 7 (seven)days of such amendment, furnish the amendment to the PerformanceSecurity, rendering the same valid for the contract, as amended.

vi) The Performance Security will be released only after the final payment of the bill and expiry of the validity period of six months from the date of finalpayment.

vii) For any misuse of material supplied by the Board or for use of any nonprescribed/ sub-standard material by the firm shall result in forfeiture of thePerformance Security and payment of the firm, in addition to any otheraction to be taken by the Board, including black listing the firm and inaccordance with provisions of the tender, as per law or as deemed fit by the



29

Chairman. The Chairman may order registration of a criminal case againstthe firm in case of malafidity of the firm for such an act. The CD, MSS,Proofs, and positives of the books will have to be returned to the Board aftersupply of books. No payment shall be made to the supplier untill andunless the whole material as specified in this tender is returned to theBoard.

viii) If defective/short books are found even after completion of job and withinthe validity period of performance security (i.e. within 6 months of the finalpayment), the penalty will be imposed as specified in the penalty clause.

07. Inspections and Tests

i) The Board reserves its right to inspect the prescribed material such astext/cover paper, and other materials at any time after placement of order andduring the work in progress and ask for the purchase vouchers and the ordersplaced with the relevant material manufacturing firms and other relevantdocuments.

ii) The inspections of paper/books under print may be conducted by the officers

of the Board in the premises of the Supplier, at point of delivery and/or at thefinal destination of the goods. If conducted on the premises of the Supplier, allreasonable facilities and assistance, shall have to be furnished to the Staff atno charge to the Board and in case of non assistance of the firm and/or failureof the firm in having arranged the text and cover paper after 25 days from theplacement of the order a penalty @ of Rs.5000/- per visit shall be imposed..Normally the inspection will be conducted maximum upto two times.

iii) If at any stage any inspected Goods fail to conform to the specifications, theBoard has the every right to reject them and ask the Supplier to either replacethe rejected goods or make all alterations necessary to meet specificationrequirements free of cost to the Board, within a period of 10(Ten) days of intimating such rejection or within the period as specified by the Chairmanand the Board will have also the every right to punish the firm in accordancewith the provisions of tender, law or as deemed fit by the Chairman, inaddition to replacement of the defective Goods.

iv) The Board’s right to inspect, where necessary, reject the Goods after theGoods' arrival at the final destination shall in no way be limited or waived byreason of the Goods having previously been inspected, and passed by theBoard or its representative prior to the Goods dispatch from the place of Supplier.

v) Nothing in Clause 8 shall in any way release the Supplier from any warrantyor other obligations under this contract.

vi) The Board reserves the right to inspect at the premises of the Supplier anytime where the paper is stored to ascertain the use of prescribed paper and theBoard shall have also the right to check the documentary record of the firm.

vii) Board may take samples of finished/unfinished book/books at random fortechnical test checking and may get it tested in all respects from any reputedlab/labs. The supplier will bear the cost of such lab tests.

viii) In addition the samples of paper provided by the printer with the technical bidand the paper used in the printing of books will be sent to the concerned Mill



30

as well as to the paper laboratory/ies for confirmation regarding thespecifications/ parameters of paper at the cost of the concerned printer.

ix) The printer will have to submit ten leaves each of text paper and cover paperbearing the complete parameters/specifications of the paper and duly stamped,dated & signed alongwith copy of paper purchase Invoice/Bills etc. beforestart of printing of Books.

x) It is mandatory for all the firms to maintain a separate register from the date of receipt of consignment of the paper with regard to the paper accountpertaining to the books ordered by the Board.

xi) The printer will retain all the manufacturer’s labels of the packing of paper purchased and used in Board‘s books and after completion of jobwill submit all these labels and photocopy of the paper purchase vouchersalongwith the bill of the firm and also detailed Account of paperpurchased, showing therein :-

(i) The detail of order placed with the paper Mills, photocopies of thedrafts etc vide which advance was sent to be pasted in the register.

(ii) The quantity received showing the bill Nos. and date in eachconsignment.

(iii) The quantity consumed supported by calculation thereof.

(iv) The details of lot Nos. etc. of the paper used.

(v) Railway receipt, consignment note, challan Nos. of transport etc.

8. Packing and Document

The packing of books should be as per specification laid down in Section 5.

The packing, marking and documentation within and outside the packagesshall comply strictly with such special requirements as shall be provided for inthe contract and subject to Clause 9, and in any subsequent instructions madeby the Board.

9. Delivery and Documents

i) This tender is for the benefit of students. Time and date of delivery of the goods of the prescribed specifications and high quality thereof shallbe, the essence of the contract. 40% supply will be made positively within40 days from the date of issue print order however complete supply will bemade during the prescribed period at the Sale Book Depots of the Board.

The whole work is to be completed and goods to be supplied at all the TextBook Sale Depot’s i.e. Panchkula, Ambala, Yamunanagar, Kurukshetra,Karnal, Panipat, Sonipat, Faridabad, Palwal, Gurgaon, Rewari, Narnaul,Jhajjar, Rohtak, Jind, Kaithal, Mewat, Bhiwani, Hissar, Fatehabad & Sirsaor any other station indicated by the Board. The penalty will be imposed forlate supply as given below :—a) 25 paise per book for 1 to 7 days.b) 50 paise per book for 8 to 14 days.c) Rs. 1.00 per book for 15 to 21 days.d) Rs. 1.50 per book for 22 to 30 days.e) Rs. 2.00 per book for 31 to 60 days.



31

For any unexcused delay beyond such period the Chairman will have thediscretion to take any or all of the following actions:—

ii) Forfeiture of its Performance Security and payment of bills.iii) Termination of the contract.iv) Blacklisting of the firm.

v) Any other action as deemed fit by the Chairman, Board of School EducationHaryana, Bhiwani Delivery of the Goods shall be made by the Supplier inaccordance with the terms specified in the contract/print order.

vii) Within 24 hours of dispatch, the Supplier shall notify the Board, the fulldetails of dispatch and also supply the following documents and alsointimate through fax as well as through registered post about the number of books supplied with name of the Text Books Sale Depots so as to ascertainthe correct position of receipt of books and the progress of the job.

viii) The whole lot of individual title of books may be supplied in one lot withinthe scheduled period.

ix) If at any of Text Books Sale Depot’s, necessity arises, the Board may

call for the part delivery of the goods at an early date and in such casesno extra cost will be payable to the supplier.

a. Copies of Supplier's Invoice showing goods description, quantity, unitand price.

b. Railway receipt/consignment note/original acknowledgement/receipt of goods.

c. Supplier's Guarantee Certificate.d. Inspection Certificate issued by the nominated inspection committee,

where applicable.e. Any other documents, if specified in the notification of award/contract or

as per prior instructions of the Board in writing,

10. InsuranceThe Goods supplied under the contract shall be obligatorily got fully insured

by the Supplier at his/her own cost against loss or damage incidental to supplier oracquisition, transportation, storage and delivery etc.

11. Incidental Services

i) As specified in the Contract, the Supplier is required to provide any or all of the following services, including additional services:-

(a) Loading at point of dispatch(b) Unloading at point of delivery

(c) Stacking in godown at point of delivery

ii) No. additional costs will be borne by the Board towards such services



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12. Warranty

i) The Supplier warrants that the Goods supplied under this contract are of themost recent/latest production. The Supplier further warrants that all Goodssupplied under this contract shall have no defect arising from design,materials or workmanship or from any act or omission of the supplier that

may develop under normal use of the supplied Goods. The supplier furtherwarrants that no quantity of books has been printed beyond the quantityordered by the Board, under this contract. If any excess quantity has beenprinted, the same have been supplied to the Board. The Board is not boundto make extra payment for such excess goods. The printer will submit anundertaking in this regard.

ii) This warranty shall remain valid for 18(eighteen) months after the Goods orany portion thereof as the case may be, have been delivered to the finaldestination and taken over by the consignee to the entire satisfaction of theBoard.

iii) The Board/indenter shall promptly notify the Supplier in writing of any

claims arising under this warranty.iv) If Goods supplied are found to be defective, it will be at the discretion of the

Board to get replaced such defective goods free of cost allowing 10 daysperiod besides imposing of the penalty as specified in the penalty clause.The defective goods supplied by the printer will not be in any case returnedto the printer being the property of the Board and no claim whatsoever shalllie on the Board for the replaced goods thereafter and decision of theChairman , Board of School Education, Haryana, Bhiwani in this regardshall be binding upon the supplier .

v) If the Supplier, having been notified, fails to rectify the defect(s) within areasonable/ stipulated period the Board may proceed to take such remedial

action as may be necessary, at the Supplier's risk and expense and withoutprejudice to any other rights which the Board may have against the Supplierunder the contract as per law or as deemed fit by the Chairman.

vi) The warranty for defective goods will begin de novo from the date of replacement. Supplier will pay all taxes, and duty and all expenses up to thedestination for the replaced goods.

13. Terms of Payment

I. Printers are required to submit title wise bill alongwith prescribed proforma(Specimen attached Section 14) and warranty undertaking. However it will

be at the discretion of the Board to make the payment title wise orcollectively of all the titles

II. (a) On Delivery: 90% of the Contract Price shall normally be paid within45 working days on receipt of books, assessment of quantity supplied asper challan and upon submission of the documents specified in clause10(viii), and on submission of all MSS/CDS/Positives/Proofs paperaccount and self attested copies of :-

i) Order placed with the paper mill.



33

ii) Cheque/Draft sent to mill for purchase of paper.

iii) Bill issued by the paper mill.

iv) Relevant documents of the transporters.

v) Paper account register and all other documents as specified in thetender alongwith an undertaking therein that the paper of the

prescribed specifications showing the name of the Mill/s whosetext and cover paper has been used in the text Books.

In case of non submission of the documents and other materialsas specified above the bill of the printer for payment will not beprocessed. However for non return of MSS/CDS/Proofs/Positives,deduction @ Rs.10,000/- per title shall be made from the bill of theprinter.

vi) The Printer will submit a proper receipt of the text books fromManager Text Books Sale Depot.

vii) TDS as per norms will be deducted from all the payments of theprinters.

(b) On Final Acceptance; the remaining 10% of the Contract Price shall bepaid to the Contractor on submission of a claim for the balance 10%,which in undisputed cases will be paid normally within 60 days from thedate of submission of these claim/bills.

III. The Supplier's request(s) for payment shall be made to the Board with aninvoice describing as appropriate, the Goods delivered and upon fulfillmentof other obligations stipulated in the contract.

IV. No payment will be made without the written authority of the Chairman.

14. Prices

Prices charged by the Supplier for Goods delivered under the contract shall notvary from the prices notified in the award of contract.

15. Contract Amendments

No variation modification in the terms of the contract shall be made except bywritten amendment signed by the parties.

16. Assignment

i) Neither the Board nor the Supplier shall assign, in whole or in part, itsobligations to perform under the contract, except with the prior writtenconsent of the other party.

ii) No bidder is allowed to sublet the contract awarded to his firm and not

even allowed to get any of the jobs done from any other firm.

17. Delay in the Supplier's Performancei) Delivery of the Goods as per specifications and performance of the

Services shall be made by the Supplier in accordance with the timeschedule specified by the Board in the Bid Submission form and PriceSchedule, Section 6 to the entire satisfaction of the Board with a pre-



34

agreed sanction regarding deduction of liquidated damages for delayfrom the supplier’s bill as specified in the penalty clause in Section-12.

ii) In case of an inordinate delay in the supply of the goods/any unexcuseddelay by the Supplier in the performance of its delivery obligationshurting the image of the Board/Govt. shall render the supplier liable toany or all of the following sanctions in addition to deduction of theliquidated damages mandatory to be imposed as mentioned above and asper clause in Section-12 :—

a) Forfeiture of its Performance Security and payment of bills.

b) Termination of the Contract for defaults.

c) Black Listing of the firm.

d) Any other action, as deemed fit by the Chairman.

iii) If at any time during performance of the contract, the Supplier shouldencounter conditions impeding timely delivery of the Goods, theSupplier shall promptly notify the Board in writing of the fact of the

delay, its likely duration and its cause(s). As soon as practicable afterreceipt of the Supplier’s notice, the Chairman shall evaluate the situationon the merits of the case and may, at its discretion, extend the Supplier’stime for performance with or without liquidated damages, in which casethe extension shall be deemed to be ratified by the parties treating this asan amendment. However it will be at the discretion of the Chairman toenter into a fresh agreement to the effect.

iv) The power regarding extension of time period and for condonation of delay will be absolutely at the discretion of the Chairman.

18. Termination for Default

i) The Board may without prejudice to any other remedy for breach of contract, by written notice of default sent to the Supplier, terminate thecontract in whole or part:(a) If the supplier fails to deliver any or all of the Goods within the

time period(s) specified in the Contract, or within any extensionthereof granted by the Board pursuant to Clause 18(iii) of Section 7or

(b) If the Supplier fails to perform any other obligation(s) under thecontract.

(c) If the Supplier, in the judgment of the Board, has engaged in fraudand corruption, in competing for or in executing the Contract orhas committed gross violation of the terms and condition of the

tender.ii) In the event the Board terminates the contract in whole or in part,

pursuant to Clause 19(i), the Board may procure upon such terms and insuch manner as it deems appropriate, Goods or Services similar to thoseundelivered, the Supplier shall be liable to the Purchaser for any excesscosts for such similar Goods or Services. However, the Supplier shallcontinue the performance of the contract to the extent not terminated.



35

19. Force Majeure

i) The Supplier shall not be liable for forfeiture of its PerformanceSecurity, Liquidated Damages or Termination for Default, if and to theextent that, its delay in performance or other failure to perform itsobligations under the contract is positively the result of an event of ForceMajeure.

ii) For purposes of this Clause, "Force Majeure" means an event beyond thecontrol of the Supplier and not involving the Supplier's fault ornegligence and not foreseeable. Such events may include, but are notrestricted to, acts of the Board either in its sovereign or contractualcapacity, wars or revolutions, fires, floods, epidemics, quarantinerestrictions and freight embargoes.

iii) If a Force Majeure situation arises, the Supplier shall promptly notify theBoard in writing of such conditions and the cause thereof. Unlessotherwise directed by the Board in writing, the Supplier/ firm shallcontinue to perform its obligations under the contract as far as isreasonably practical, and shall seek all reasonable alternative means forperformance not prevented by the Force Majeure event.

20. Termination of Insolvency

The Board may at any time terminate the contract by giving writtennotice to the Supplier, if the Supplier becomes bankrupt or otherwiseinsolvent. In this event, termination will be without compensation to theSupplier, provided that such termination will not prejudice or affect anyright of action or remedy which has accrued or will accrue thereafter tothe Board.

21. Work Order

Work order shall be a binding contract. The work order may be issued inparts at the discretion of the Board.

22. Resolution of Disputes

i) The Board and the Supplier shall make every effort to resolve amicably bydirect informal negotiations any disagreement or dispute arising betweenthem under or in connection with the contract.

ii) If, after thirty (30) days from the commencement of such informalnegotiations, the Board and the Supplier have been unable to resolveamicably a contract dispute, either party may require that the dispute bereferred for resolution to the formal mechanism specified in clause 23 (iii).

iii) The dispute resolution mechanism to be applied pursuant to Clause 23(ii)

shall be as follows:(a) A dispute or difference arising between the Board and Supplier

relating to any matter arising out of or connected with the contract,such dispute or difference is mandatory to be referred to theChairman, Board of School Education, Haryana, Bhiwani who willbe the sole arbitrator. The award of the Arbitrator shall be final andbinding on the parties to the contract.



36

(b) The Indian Conciliation and Arbitration Act, 1996, the rules thereunder and any statutory modifications or re-enactments thereof, shallapply to the arbitration proceedings.

iv) The venue of arbitration shall be within the discretion of the arbitrator.

23. Governing Language

The contract shall be written in the language of the bid, as specified by theBoard in the Instructions to bidders.

24. Notices

Any notice given by one party to the other pursuant to this contract shall besent to other party in writing and confirmed in writing to the other Party’saddress specified for the purpose in the notification of award/contract. Thenotice will be effective when delivered. In case the other party refuses toaccept the notice, the notice shall be deemed to have become effective oneweek after the date of dispatch through registered post.

25. Taxes and Duties

The Suppliers shall be entirely responsible for all taxes, duties, license fees,octroi, road permits, etc., and in case of increase/decrease of the same by theGovt. during the currency period of the contract are payable extra/refundedunless agreed upon by both the parties to fix a specific rate inclusive of allthese factors.

26. Additional Order/Repeated order and Extension of Tenure of the Tender.

The Board reserves the right to place additional order up to 50% of theoriginal order with the supplier on the same rate and terms and conditions anytime between the award of contract up to within the period of bid validity andeven afterwards in the subsequent year/s repeat the whole order or part thereof

on mutual consent at the same rate as quoted in the tender and approved by theChairman on last occasion/s or otherwise reserves the right to assign the job toany other supplier.

Every extended order will be a separate order and the printer will complete thesupply of each and every order separately within the prescribed period of eachsuch order.

27. Any of the point not covered under the terms & conditions/tender

For any of the points arising at any stage which is not covered under theprovisions of the tender, the Chairman shall be the final competent authority,whose orders shall be binding upon the bidders.

28 “All the titles of Text-Books will be Serially numbered with 10 digit numbersspecifying the Printer’s Code in first 2 digits, Year Code in next 2 digits andSerial Number of the book in last 6 digit. The books should be bundled insequence as per number which should be used to control the quantity dispatchedto various centers.”

29. In case of any party desires to appeal against the order of Secretary at any stagei.e. from opening of bids to final payment, they may do so to the Chairman of the Board and in this regard, the decision of the Chairman of the Board will befinal and binding upon the printer.



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SECTION 8CONTRACT FORM

THIS AGREEMENT made the ............ day of ......................, 2012 between Board of SchoolEducation Haryana, Bhiwani (hereinafter called “Board”) of the one partand......................................................................... (Name of Supplier)of..............................(Address)................................. (hereinafter called “the Supplier”) of theother part.WHEREAS the Board is desirous that certain Goods and ancillary services viz..,..................................... (Brief Description of Goods and Services) and has accepted a bid bythe Supplier for the supply of those goods and services in the sumof............................................ (Contract Price in Words and Figures) (Hereinafter called “theContractPrice”).NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1. In this Agreement words and expressions shall have the same meanings as arerespectively assigned to them in the Conditions of Contract referred to.

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

Section

Section 1

Section 2

Section 3

Section 4

Section 5

Section 7

Section 8

Bidding date sheet/Notice inviting Tender

Invitation for Bids

Instructions for Bidders

Qualification Criteria

Schedule of Requirement and specification

Condition of Contract

Contract form

3. In consideration of the payments to be made by the Board to the Supplier as hereinaftermentioned, the Supplier hereby covenants with the Board to provide the goods andservices and to remedy defects therein in conformity in all respects with the provisionsof the Contract.

4. The Board hereby covenants to pay the Supplier in consideration of the provision of thegoods and services and the remedying of defects therein, the Contract Price or suchother sum as may become payable under the provisions of the Contract at the times andin the manner prescribed by the Contract.

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

Sr.No.

Brief Description of Goods& Services

Quantity to beSupplied

Unitprice

TotalPrice

DeliveryTerms

Signatures and seal of the Supplier

Name …………………………………

Tel. No …………… E-Mail ………….

Fax No. …………………….………… Address……………………..…………………...………………………………



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SECTION 9BANK GUARANTEE

(Please see clause 06(iii) of conditions of contract)(For Performance Security)Date: ..............................Bank Guarantee No. : ....................Amount Rs. : ................................Secretary,Board of School Education Haryana,Bhiwani.Amount of guarantee: Rs.................................Guarantee cover from: ......................………..LAST DATE FOR LODGEMENT OF CLAIM: ..........................This deed of guarantee executed by ................................................................................ (Herein afterreferred to as THE BANK) in favour of Secretary, Board of School Education Haryana, Bhiwani(hereinafter referred to as Board) FOR AN AMOUNT NOT EXCEEDINGRs................................................... Rupees............................................... …...) at the request of M/s….................................................................... (hereinafter referred to as the Supplier). This guarantee isissued subject to the condition that the liability of the Bank under the guarantee is limited to a maximum of Rs............………………………...... (Rupees............…………….................................) and the Guaranteeshall remain in force up to............... .. and cannot invoked served otherwise than by a written demand orclaim under this guarantee served on the bank on or before ….. In consideration of Secretary,Board of School Education Haryana, Bhiwani having agreed to award contract for supply of printed bookson M/s........................................................................... (hereinafter called the said contractor) undo theterms and conditions of an agreement made between both the parties (hereinafter called the said agreement)for the due fulfillment of the contract as per the terms and agreement on production of bank guarantee forRs..........................…… (Rupees …………………. only)1. I/We ................ ..... ..………………………............. do hereby undertake to pay Board an amount not

exceeding Rs...............................................……............ (Rupees.............………… ……................against any loss or damage caused to or suffered by Board by reason of any breach of the terms andconditions contained in the said agreement.

2. I/We ............. ............. ............... .............. ............... .... do hereby undertake to pay amount due andpayable under this guarantee without any demur, namely on a demand stating that the amount

demanded is due by way of loss or damage caused to or would be caused to or suffered by Board byreason of the contractor's failure to perform the said agreement by such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under the guarantee.However our liability under this guarantee shall be restricted to an amount not exceedingRs................(Rupees.........…………………...................................only)

3. I/We ............... .............. .............. .............. ...........further agree that the guarantee herein containedshall be in force and effect upto ................. unless a demand or claim under this guarantee is madeon us in writing on or before................................ We shall be discharged form all liability under thisguarantee thereafter.

Name & Address of the Bank……………....……………….………………………….

Signatures and seal of the supplier Signatures of Bank Manager……………..Name ………………………………….. (with seal)Tel. No. ……………………………….. Tel. No……………………………………Mobile No. ………………………..…… Fax No……………………………………E- Mail………………………………….. E-Mail …………………………………...PAN No …………………………………..Address ………………………………………………………………………………….…………………………………………….



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SECTION 11Criteria for Imposition of Penalties

(A) Paper Quality:

(i) For use of prescribed Text/Cover Paper but exceeding the permissibletolerance with regard to GSM as laid down by B.I.S, the deduction fromthe bill of the printer shall be made on the basis of the cost of the lessconsumed paper taking into account the total of less grammage andpermissible tolerance on total number of books received of the concernedtitle.

(ii) If it is found that a printer has used unprescribed/substandard text/coverpaper, the whole supply will be rejected by the Chairman and the printerwill have to resupply the books free of cost within 10 days or within thetime period as prescribed by the Chairman, Board of School EducationHaryana failing which the Chairman reserves the right to forfeit the

performance security and black-list the firm, besides imposition of anyother penalty as deemed fit by him.

(B) Printing :

(i) Where the printer fails to carry out the pointed mistakes of signs such asBindi, Ardh Chandra, Matras, Comma etc. or letter become invisibleduring the process of printing in case of touching, re-touching and brokenletters a penalty @ Rs. 1/- per mistake will be imposed.

(ii) In case of printing such as less-sharp/dull impression/intermixing of column/ smudgy printing, defective title printing but the matter remainsreadable, a penalty @ Rs.75/- per page will be imposed.

(iii) In case of misprinting of words/sentence/maps/design a penalty @Rs.100/- per page will be imposed.

(iv) In case of printed matter on the whole page/pages having been leftblank/duplicacy of printed matter, a penalty @ Rs. 200/- per page will beimposed .

(v) In case the general quality of printing is not up to the mark/is extremelypoor which is not readable, the whole lot of books will be rejected whichwill be re-supplied by the printer within reasonable period as to be fixedby the Chairman and for this default the imposition of penalty as deemedfit by the Chairman shall be final and binding upon the printer.

(C) Binding :

(i) If the binding is not according to tender instructions or found improper, apenalty @ Rs.50/- will be imposed.

(ii) In case of short size of book than the prescribed size and/ ordisproportionate blank side margin across the Text matter spoiling theinner look of the Book, a penalty of Rs. @ 300/-will be imposed.



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Note :-The above rates of penalty are for a unit of 1000 books and notapplicable in case of A (i), A (ii) & B (v)

(E) Short supply of order/Misdistribution of books:

i) In case the short supply exceed 1%, two times of the face value of the titlewill be deducted from the bill. However Board will be at discretion to getthe short supply completed from the defaulter printer free of cost within15 days from the date of such communication, in such cases penalty to beimposed will be at the discretion of the Chairman.

ii) If a printer fails to supply the books at the Text Book Sale Depots as perthe distribution list supplied by the Board, a penalty @ Rs.5000/- will beimposed.

(F) Penalty on account of late submission of contract form and performance

security:If a printer does not submit the contact form and Performance Security within7 days after the issue of the print order, in such cases penalty @ Rs. 5000/- per dayfor next three days will be imposed and thereafter it will be at the discretion of theChairman to forfeit the earnest money and/or black list the firm and/or to enhancethe amount of penalty and to assign the job to the next eligible willing firm.

(G) Penalty an account of non assistance of the firm or failure to arrange thepaper for inspection :

In case of non assistance of the firm to the visiting party during inspection of the

firm or if a printer fails to get inspected the paper to the visiting inspection teamafter 25 days from the date of placement of order, a penalty of Rs. 5000/- per visitshall be imposed.

(H) Penalty for unspecified defects:

For any defects of the nature not specified in the tender, it will be at the discretionof the Chairman, Board of School Education Haryana to impose the penalty as permerit of the case/as deemed fit by him.

(I) Forfeiture of earnest money, Performance Security and payment for the jobexecuted or part thereof:

Earnest money and/or performance security, and/or full/part payment can beforfeited in case of corrupt and fraudulent practice exercised by the bidding firm asdetailed in clause 30 of Section III or in case of incapability of the firm to executethe job which may reflect the reputation of the Board /Govt. adversely.



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(J) Penalty for non return of CD’s/Proofs/MSS/Positives etc. :

In case of non submission of documents as specified in clause 14 (II-a), the bill of the printer for payment will not be processed. If any printer does not returnthe CD’s/Proofs/MSS/Positives etc. to the Board with his bill, a penalty

@ Rs.10,000/- per title shall be imposed.

(K) Penalty for late delivery of books :

a) 25 paise per book for 1 to 7 days.b) 50 paise per book for 8 to 14 days.c) Rs. 1.00 per book for 15 to 21 days.d) Rs. 1.50 per book for 22 to 30 days.e) Rs. 2.00 per book for 31 to 60 days.

For any unexcused delay beyond such period the Chairman will have thediscretion to take any or all of the following actions:-

f) Forfeiture of its Performance Security and payment of bills.

g) Termination of the contract.

h) Blacklisting of the firm.

i) Any other action as deemed fit by the Secretary /Chairman of the Board.

(L) Chairman, Board of School Education Haryana shall have the power :

(i) To increase the quantum of penalty specified in this tender as deemed fit.(ii) To impose penalty in case of nature of mistakes not covered in this tender.(iii) In case the payment of the bill has already been made, the recovery of

amount of penalty can be made from any of the pending/ subsequent billsof the firm.

(iv) A printer may make a representation against any order of the Chairmanwithin forty five days from the date of passing of such order and the wholematter if deemed fit by the Chairman can be placed before the Board of Directors, who shall act as Arbitrator whose decision shall be final andbinding upon the appellant firm and further there is no provision for thesecond appeal in this regard.



Check list for the tender1. Sealed envelope containing rates (Financial Bids).

2. Envelope containing Cost of tender Rs.1000/-

3. Envelope containing Earnest Money Rs.50,000/-

4. List of Machinery (Four colour____Single/two colour______)

5. Certified samples of the paper from Mill.

6. Experience Certificate for two years

Note:- All documents to be submitted alongwith the bid are to be page

marked, arranged as per check list and an Index thereof is also to be

placed below the forwarding letter of the firm.

Haryana Books Tender

Documents

Transcript of Haryana Books Tender