University of Calicut

            Sealed tenders are invited for the supply of the materials as specified in the schedule below/attached.

1. The tenders should be addressed to the officer mentioned below in a sealed cover with the tender number and name who shown below duly superscribed on the cover.
2. The tenders should be in the prescribed form which can be obtained from the officer mentioned below on payment of the price which is also noted below.  Duplicate copies of tender forms will also be issued at the rate specified below.  The cost of tender forms once paid will not be refunded. Tenders which are not in the prescribed form are liable to be rejected.  The rates quoted should be only in Indian currency.  Tenders  in any other currency are liable to rejection
3. Intending tenderers should send their tenders so as to reach the Officer mentioned below, on due date and time (noted below).  No tender received after the specified date and time will be accepted on any account.  The rates will be considered firm for acceptance till the date mentioned below.  Tenders not stipulating period of firmness and tenders with price variation clause and/or ‘subject to prior sale’ condition are liable to be rejected.
4.              a) Every tenderer who has not registered his name with the State Government (Stores Purchase Department) should send along with his tender, an earnest money of one per cent of the total cost of the articles tendered  for (rounded to the nearest rupee)subject to minimum of Rs.30/- if the amount calculated at one per cent of the value of the articles tendered for below Rs.30/-.  The amount may be paid either  by remittance in any Government Treasury in chalans in  duplicate, duly countersigned by the Officer mentioned below or by Demand Drafts (crossed) on the local branch of State Bank of Travancore/State Bank of India drawn in favour of the Finance Officer, University of Calicut.  In the cases of remittance into the unsuccessful tenderers will be returned as soon as possible after the tenders are settled; but that of the successful tenderers will be adjusted towards the security that will have to be deposited or the satisfactory fulfillment of the contract.  No interest will be paid for the earnest money deposited.

b)         The tenders who names are registered with Government (Stores Purchase Department) are generally exempted from furnishing earnest money for such articles for which they have registered their names.  If they tender for stored other than those for which they have registered their names, they will have to furnish earnest money as in the case of registered firms.  The registered firms will have to quote invariable in every tender they submit the registration number assigned to them by the Stores Purchase Department.

c)                    (i)  Small scale industries and cottage industries and industrial Co-operatives within the state which are certified as such by the Director of industries and Commerce or by the Regional Joint Directors of Industries and Commerce will be exempted from furnishing earnest money deposits in support of tenders submitted by them to Government Departments.  The Khadi and Village Industries Co-operative Societies and the institutions registered under the literary, Scientific and Charitable Societies Act and finance by the Kerala Khadi and village Industries Board within the State which are certified as such by the Secretary, Kerala Khadi and Village Industries and will be exempted from furnishing earnest money deposits in support of tenders submitted by them to Government Departments.

   ii          Small scale industries, and Cottage industries and industrial Co-operatives within the State which have been registered as such with the Director of industries Department (Department under the control of the Director of industries and Commerce) on furnishing proof such registration will be exempted from furnishing Security deposits against contracts for supply of stores manufactured by them provided that an officer of an above the rank of Deputy Director of industries and Commerce having jurisdiction over the area also certifies to the soundness and reliability of the concerns to undertake the contracts.  The khadi and village industries Co-operative Societies with the State which have been registered as such with the Kerala Khadi and village Industries Board and the Institutions registered under the literary, Scientific and Charitable Societies Act and which are financed by the Board within the State on furnishing proof of such registration will be exempted from furnishing security deposits against contracts for supply of stores manufactured by them provided that the Secretary, Kerala Khadi and Village Industries Board also certifies to the soundness and reliability of the concerns to undertake the contracts.

(d)                     In the matter of purchase of stores by the State Government Department,  Small Scale Industrial Units sponsored by the National Small Industries Corporation Limited, New Delhi and in respect of which competency certificates are issued by the Corporation will be exempted from payment of Earnest Money Deposits and Security Deposits.

(e)                     The exemption stipulated in clause (b),(c) and (d) above will not however, apply to tenders for the supply of raw materials or dietary articles or supply of stores on rate of running contract basis.

5.      The tenders will be  opened on the appointed day and time in the office of the undersigned, in the presence of such of those tenderers or their nominees who may by present at that time.

6.                  If any tenderer withdraws from his tender before the expiry of the period fixed keeping the rates firm for acceptance, the earnest money if any, deposited by him forfeited to University or such action taken against hum as University think fit.

         (b)   Tenderer shall clearly specify whether the goods are offered from indigenous sources, from imported stocks in India or from foreign sources to be imported under a licency.  University reserve the right to reject offers for import of goods if the Import Trade Control Policyin force at the time of aware of the contract prohibits or restricts such imports.

9.   The final acceptance of the tenders rests entirely with the University who do not bind themselves to accept the lowest or any tender.  But the tenderers on their part should be prepared to carry out such portion of the supplies included in their tenders as may be allotted to them.

10.  In the case of materials of technical nature the successful tenderer should be prepared to guarantee satisfactory performance for a definite period under a definite penalty.

11.  Communication of acceptance of the tender normally constitute a concluded contract.  Nevertheless, the successful tenderer shall also execute an agreement for the due fulfillment of the contract within the period to be specified in the letter of acceptance.  The contractor shall have to pay all stamp duty, lawyer’s charges and other expenses incidental to the execution of the agreement.  Failure to execute the agreement within the period specified will entail the penalties set out in para 12 follow.

12.    (a)  The successful tenderer shall before signing the agreement and within the period specified in the letter of acceptance of his tender, deposit a sum equivalent to 5 percent of the value of the contract as security for the satisfactory fulfillment of the contract less the amount of money deposited by him along with his tender.  The amount of security may be deposited in the manner prescribed in clause 4 supra or in Government Treasury Savings Bank and the pass book pledged to Finance Officer. Letters of guarantee in the prescribed form for the amount of security and execute the agreement  as  stated above, the earnest money deposited by him will be forfeited to the University and contract arranged elsewhere at the defaulter’s risk and any loss insured by University pm account of the Purchase will be recovered from the defaulters who will however not be entitled to any gain accruing thereby.  If the defaulting Firm is a registered fir their registration is liable to be cancelled.

      b)  In cases where a successful tenderer, after having made partial supplies fails to fulfill the contracts in full, all, or any of the materials not supplied  may at the discretion of the Purchasing Officer, be  purchased by means of another tender/quotation or by negotiation or from  the next higher tenderer who had offered to supply already and the loss, if any caused to the University shall thereby together with such sums as may be fixed by the University towards damages be recovered from the defaulting tenderer.

      c) even in cases where no  alternate purchases are arranged for the materials not supplied, the proportionate portion of the security deposit based on the cost of the materials not supplied at the rate shown in the tender of the defaulter shall be forfeited and balance alone shall be refunded.

13. The security deposit shall, subject to the conditions specified herein, be returned to the contractor within three months after the expiration of the contract, but in the event of any dispute arising between the Department concerned and the contractor, the Department shall be entitled to deduct out of the deposits or the balance thereof until such dispute is determined the amount of such damages, costs, charges and expenses as may be claimed.  The same may also be deducted from any other sum which may be due at any time from University to the contractor.  In all cases deposit will be released only after the expiry of the guarantee period.

14. a) all payments to the contractors will be made by Purchasing Officer in due course.

      i) either by Departmental cheques payable at the Kerala Government Treasuries or

      ii) by cheques or drafts on the Reserve Bank of India, State Bank of India and State Bank of Travancore ( at any of their Principal Branches in India)

      iii) in the case of supplies from abroad by drafts as may be arranged between the contracting parties.

      b)All incidental expenses incurred by the University for making payments outside the district in which the  claim arises shall be born by the contractor.

15. The tenderers shall quote the percentage or rebate offered by them in case the payment is made promptly within  fifteen days/within one month or taking delivery of stores.

16. Ordinarily payments will be only after the supplies are actually verified and taken to stock but in exceptional cases, payments against satisfactory shipping documents including certificates of Insurance will be made upto 90 percent of the value of the materials at the discretion of University.  Bank charges incurred in connection with payment against documents through Bank will be to the account of the contractor.  The firms will produce stamped pre-receipted invoices in all cases where payments ( advance/final/for the release of railway receipts/shipping documents are made through banks.  In exceptional cases where the stamped receipts of the firms are not received for the payments(in advance) the unstamped receipt of the bank) (i.e. counterfoils of pay-in-slips issued by the bank) alone may be accepted as a valid proof for the payment  made.

17. The contractor shall not assign or make over the contract of the benefits or burdens there of to any other  person or body corporate.  The contractor shall not underlet or sublet to any person or persons or body corporate the execution of the contract or any part thereof without the consent in writing of the Purchasing Officer who shall have absolute power to refuse such consent or to rescind such consent( if given) at any time if the is not satisfied with the manner in which the contract is being executed and no allowance or compensation shall be made to the contractor or the sub-contractor upon such rescission, provided always that if such consent be given at any time. The contractor shall not be relieved from any obligation, duty or responsibility under this contract.

18  a)         In case the contractor becomes  Insolvent  or goes  into liquidation, or makes or proposes to make any assignment for the benefit of his creditors or proposes any composition with his creditors for the settlement of his debts, carries on his business of the contract under inspection on behalf of or his creditors, or in case any receiving order or orders for the which under any clause or clauses of this contract the contractor shall  have rendered himself liable to damages amounting to the whole of his security deposits, the contract shall, thereupon,  after notice given by the Purchasing Officer to the Contractor be determined and the department/Government shall think fit.  But such determination of the contract shall be without non prejudice to any right or remedy of the University against the contractor or his sureties in respect of any breach of contract therefore committed by the contractor.  All expenses and damages caused to University by any branch of contract by the contractor shall be paid by the contractor to University, and may be recovered from him under the provisions of the Revenue Recovery Act in force in state.

b)   The persons/Contractors submitting tenders should produce solvency certificate, clearly indicating to what extent they are solvent from the Tahsildar of the Taluk where they reside along with their tenders.

Note:  The solvency certificate referred to above will apply only in the case of supply of the following articles viz., dietary articles, fuels, raw materials like roots, creepers, flowers, etc., and provisions to hospitals and hostels, sundry articles etc.

19.  a)  In case the contractor fails to supply and deliver any of the said articles and things within the tine provided for delivery of the same, or in case the contractor commits any breach of any of the covenants, stipulations and agreements here in contained, and on his part to be observed and performed, then and in any such case, it shall be lawful for University (if they shall think fit to do so) to arrange for the purchase of the said articles and things from elsewhere of on  behalf of the University by an order in writing under the hand of the purchasing officer put an end to this contract and in case the University shall have incurred, sustained or been put to any costs, damages or expenses by reason of such purchase or by reason of this contract having been so put an end to or in case any difference in price, compensation, loss, costs, damages, expenses of other moneys shall then or any time during the continuance of this contract be payable by the contractor to the University under and by virtue of this contract, it shall be lawful for the University from and out of any moneys for the time being payable or owing to the contractor from the University  under by virtue of this contract or otherwise to pay and reimburse to the Government all such costs, damages and expenses thy may have sustained, incurred or been put to by reason of the purchase, made else where or by reason of this contract having been so put an end to as aforesaid and also all such difference in price compensation, loss costs, damages, expenses and other money shall for the time being be payable by the contractor aforesaid.

            b)  In case any difference or dispute arises in connection with the contract, all legal proceedings relating to the matter shall be instituted in the Court with in whose jurisdiction the purchasing officer voluntarily resides.

20.  Any sum of money due and payable to the contractor (including security deposit returnable to him) under this contract any be appropriated by the purchasing Officer or any other person authorized by the University and set off against any claim of the Purchasing Officer or University for the payment a sum of money arising out of or under any other contract made by the contractor with the Purchasing Officer or University or any other person authorized by University.  Any sum of money due to and payable to the successful tenderer or contractor from the University shall be adjusted against any sum of money due to University from him under any other contracts.

21.  Every notice hereby required or authorized to be given may be either given to the contract or personally or left at his residence or last known place of abode or business, or maybe handed over to his agent personally, or may be addressed to the contractor by post at his usual or last known place of abode or business and if so addressed and posted , shall be deemed to have been served on the contractor on the date on which, in the ordinary course of post, a letter so addressed and posted would reach his place of abode or business.

22.  The tenderer shall under take to supply materials according to the standard sample and /or specifications.

23.  a)  No representation for enhancement of rates will be considered.

            b)  in the case of imported goods, when the price accepted in the ex-site price quoted by the tenderer, the benefit of any reduction in the c.i.f price should accrue to the Purchasing department  of University.

24.  Any attempt on the part of the tenderers or their agents to influence the Department/stores Purchase Department in their favour by personal canvassing with the officers concerned will disqualify the tenderers.

25.  Tenderers should be prepared to accept orders subject to the penalty clause for forfeiture of security in the event of default in supplies or failure to supply within the stipulated period.

26.  Samples should be forwarded if called for and unapproved samples got back by the tenderers at their own cost.  Samples sent by V.P post or freight to pay will not be accepted.  The approved samples may or may not be returned at the discretion of the undersignecd.  Sample sent by post, Railway or plane should be so dispatched as to reach the Purchasing Officer not later than the date on which the tenders are due.  In the case of samples sent by railway the receipt should be sent be opened only on the appointed and demurrage will have to be paid if the railway parcels are not cleared in time.  University will not be responsible if any sample is found missing at any time due to the non-observance of the provisions of this clause/Tendderes those samples are received late will not be considered.  Samples should forwarded under separate cover duly listed and the corresponding number of the item in the tender schedule should also be noted in the list of samples.  Tenders for the supply of materials are liable to be rejected unless samples, it called for, of the materials tendered for are not forwarded.

27.  Telegraphic quotations will not be considered unless they give details or prices and are immediately followed by confirmation with full relevant details posted before the due date of the tender.

28.    a ) the prices quoted should be inclusive of all taxes, duties, cesses, etc., which are or may become payable by the Contractor under the existing or future laws or rules of the country of origin/supply or delivery during the course of executing of the contract.

          b)  In case, payment of customs/excise duty is to be made by the purchasing officer, the purchasing officer will pay the duty on the ‘unloaded invoice price’ only in the first instance, any difference being paid when the tenderer produces, the final assessment orders later.

29.  The tenderer will invariably furnish the following certificate with their bills for payment:-

            Certified that the goods on which sales tax has been charged have not been exempted under the central sales tax Act or the State Sales-Tax Act or the Rules made there under and the charges on account of Sales-tax on these goods are correct under the provisions of the relevant act or the rules made thereunder.  Certified further that we (or our Branch or Agent)(Address)

Are registered as dealers in the state of ………………………………………………under Registration No…………........................................... for purposes of Sales Tax.

30.  Special Conditions, if any of the tenderers attached with the tenderes will not be applicable to the contract unless they are expressly accepted in writing by the purchaser.

31.  This applies only to the case of supply contracts where works such as erection and construction have also to be done.  This may be scored out when not applicable.  In the event of any question or dispute arising under these conditions or any special conditions of this contract or in connection with this contract the same shall be referred to the award of an arbitrator to be nominated by the purchasing officer and an arbitrator to be not agreeing then to the award of an umpire to be appointed by the arbitrator in writing before proceeding on the reference and the decision of the arbitration or in the event of their not agreeing of the umpire appointed by them shall be final and conclusive and the provision of the Indian Arbitration Act 1940 and of the rules there under and any statutory modifications there of shall be deemed to apply to and be incorporated in this contract. Upon every and any such reference the assessment of the costs incidental to their reference and award respectively shall be in the discretion of the arbitrators or in the event of their not agreeing of the umpire appointed by them.

            The venue of arbitration shall be the place from which the acceptance of tender is issued or such other places the Purchaser at his entire discretion may be determine.

32.       The successful tenderers will have to execute an agreement in Kerala Stamp Paper worth Rs. 50/- embodying the conditions prescribed by the University.

Superscription-Tender No………………………:…………………for

Due date and time receipt of  tender                                         :

Date and Time for opening of tender                                          :

Date upto which the rates are to be firm                                    :

Price of Tender Form                                                                   :

Price of duplicate Copy                                                               :

Address of Officer from whom tender form are                         :  Deputy Registrar,                                                                                                             Purchase Division,

To be obtained and to whom tenders are to be sent:  University of Calicut

Whether samples essential                                                         :

Period within which good should be delivered                            :

Rates should be quoted for deliver for…………………………………….

At departmental Stores…………………………………………………….

DEPUTY REGISTRAR(PURCHASE)

UNIVERSITY OF CALICUT

(Name and Designation of Purchasing Officer)