Phone/Fax -2219166

Web-Site:- http://dirindustries.up.nic.in

THE COMMR. & DIRECTOR OF INDUSTRIES, U.P.

STORE PURCHASE SECTION -7 (e), KANPUR.

Tender Notice No. 218(E)/SPS-7-ET/RC-2010-11 Kanpur /Dated 25.8.2010

On behalf of the Governor of U.P. tender are invited for the supply of the following items.
Sl.No. Name of the Items with specification Rate Contract
1- “Fluorescent Lamp”
Tubular Fluroescent Lamps 230/250 volts Rate contract Arrangement
20 & 40 watts for general lighting service for Govt./Quassi Govt. Distt.
ISI Marked is : 2418-1977 (First Revision) of U.P. for the period
Reaffirmed – 1995 or latest if any. Ending on one year from the date of issue of
R/C.
1- Last date of receipt of tender 24.09.2010 upto 1.30 P.M.
2- Date of opening of Tech. Cover 24.09.2010 at 1.40 P.M.
3- Date of P.C.M.(Tech). 29.09.2010 at 11.00 A.M.
4- Date of opening of Fin. Cover 04.10.2010 at 11.00 A.M.
5- Date of P.C.M.(Fin) 08.10.2010 at 11.00 A.M.
6- Tender fees – Rs.300/- (Rs. Three hundred only).
7- Validity period – Offer to remain valid for acceptance till 120 days from the date of tender opening
excluding the date of tender opening.
8- Delivery Period – Within 2 to 4 weeks from the date of receipt of confirm order from the indenting officer.
9- Payment - 90% payment against R/R (Not through Bank) 10% after receipt of check and
verification & satisfactory at site but within 30 days of 10% payment after
receipt of material check and satisfaction site but within 30 days.
10- Rebate- ½% rebate will be allowed if full payment is made within 30 days.
11- Place of delivery-F.O.R. Destination any where in U.P.
12- Inspection – Inspection by D.I. (SPS) I/W./Indenting officer.
13- Guarantee – 12 Months from the date of installation or 18 months form the date of supply which ever is
earlier.
14- This is information of tendering firms that no represent ion will be accepted
after opening of financial offer.
23(E)/RC/SPS/T.78 (e) dated 30-05-2008 are required to submit the details of supply position along with
Technical offer.
The general terms & conditions which will be supplied only after composite of tender fee are
essential and intogeral part of this tender notice are to be followed as such. The conditions No. 3,26,33 &
86 of general terms & conditions, if are violated the offer will strictly be rejected outrightly for which the self
responsibility with be tendering firms. A special attention of tendering firm is drawn of conditions No. 6 & 32
of general terms & conditions.
Other terms & conditions of the tender shall be obtained at time of purchase of the tender notice.
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'kqYd ,oa fcØhdj vyx&vyx Li"V :i ls bafxr djsa vU;Fkk Hkfoi= fujLr fd;k tk ldrk gSA
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fujLr fd;k tk ldrk gSA
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nsuk vko’;d gSA
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mi funs”kd m|ksx Ø;
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 SPD-82(A)
TENDER CONDITIONS AND INSTRUCTIONS

"PLEASE GO THROUGH THE FOLLOWING CONDITIONS AND INSTRUCTIONS CAREFULLY AND ENSURE
COMPLIANCE, AS NON-COMPLIANCE OF ANY CONDITION MAY MAKE YOUR OFFER INVALID”

1. DEFINITIONS

1.1 The “CONTRACT” shall mean the agreement between “DI (SPS)” and “Contractor” for the supply of “Stores”
(items/goods/ materials), as per the contract documents.
{DI-Directorate of Industries; SPS-Stores Purchase Section}.
1.2 The “CONTRACTOR” (also referred as ‘Supplier’) means the person or persons, Firm or Company or Corporation
whose tender has been accepted by DI (SPS) and includes the contractor’s legal representatives, his successors and
permitted assigns.
1.3 “CONTRACT DOCUMENTS” means collectively the Tender Documents, Designs, Drawings, Specification, Schedule
of Quantities and Rates, Acceptance Letter and agreed variations, if any, Agreement and such other documents
constituting the tender and acceptance thereof.
1.4 The “TENDER” means the proposal along with the requisite supporting documents submitted by the Contractor for
consideration of DI (SPS).
1.5 “INDENTING OFFICER” (also referred as ‘Indentor’) is the Head of the Indenting Government Department/ Public
Undertaking of U.P. State (or any other officer authorized by him), who shall finally place the supply order based on the
Contract finalized between “DI (SPS)” and “Contractor”.
1.6 “DELIVERY PERIOD” is the period agreed upon by the Contractor for the supply of items to the place mentioned in
the Tender Notice/ Supply Order, from the date of placement of supply order upon him.

2. SUBMISSION OF TENDER

2.1 The essential details of specifications and instructions are to be followed strictly in accordance with the Tender Notice.
The firms are required to submit their offer in Two Parts. The first part will be named as TECHNICAL OFFER and the
second part will be named as FINANCIAL OFFER. The Technical Offer and Financial Offer are to be submitted with all
the relevant enclosures as required
2.2 Tender sets submitted online only will be considered.
2.3 No document/ correspondence shall be entertained after the closing date and time of the tender. However, in case any
required document/ paper(s) is/are short at the time of submission of tender, the tenderer may give the reasons of non-
submission of them in the Technical Offer. Only certain (not all) documents/ papers may be accepted one day before the
date of opening of the Financial Offers. Decision of Purchase Committee (Technical) shall be final in this regard.
2.4 Tenders shall be opened at the specified time given in the tender notice in the presence of the tenderers or their duly
authorized representative whose name, designation and address shall be indicated in the offer of the firm. The
representative shall always possess the authority letter when attending the events. Un-authorised persons shall not be
allowed.
2.5 All the enclosures should be valid on the date of opening of tenders. The Technical Offer shall be opened on the date of
opening of tenders. The Financial Offers shall be opened on the specified date, only after technical evaluations of all the
offers have been completed.

3. TENDER FEE

Tender fee can be deposited either in the form of crossed Indian Postal Order/ Demand Draft in favour of Director of
Industries (SPS), U.P., Kanpur, payable at Kanpur. The Indian Postal Order/ Demand Draft should have tender number,
day and date of opening. Tender(s) without tender fee shall be ignored as a rule. Receipts shall be scanned and uploaded
as attachment in submitting the offer.

4. EARNEST MONEY

DI (SPS) does not charge Earnest money from the participating firms.

5. RESERVATION
 Both the Rate Contracts and Quantity Contracts are normally reserved for registered firms and firms which have been
issued acknowledgement receipts of Memoranda –II as per MSMED Act-2006, unless so specified in the Tender Notice.

6. SECURITY

6.1 All such firms participating in the DI (SPS)’ tenders may be required to deposit security/ advance security, if so provided
in the Tender Notice.
6.2 Only selective firms may be exempted from depositing security, after taking into consideration their goodwill, standing,
past performance, etc. provided an application has been made by the firm. If any exemption is granted from payment of
security, then the same shall be applicable to that specific tender only. For exemption to be considered, a copy of valid
registration certificate with either of the organizations viz. DI (SPS)/ D.G.S.&D./ N.S.I.C.; last three years financial
statement, report from banker(s); details of previous orders executed, must be submitted along-with the application.
6.3 The security will be accepted in any of the following forms; and should be valid for one year from the date of tender
opening:
(a) Post Office Savings Bank Account’s Pass Book
(b) National Savings Certificates
(c) Fixed Deposit Receipt/ Bank Guarantee (issued by any Nationalised Bank)
These documents should be pledged in favour of Director of Industries (SPS), U.P., Kanpur.
If security is furnished in the form of Bank Guarantee, it should be valid up-to 6 months after the completion of contract.
6.4 The Indenting State Government Departments reserve the right to deduct the security from the bill(s) of the suppliers, if
directed by DI (SPS).
6.5 THE COMMISSIONER AND DIRECTOR OF INDUSTRIES RESERVES THE RIGHT TO REDUCE/ INCREASE/
EXEMPT THE SECURITY AS HE MAY DEEM FIT IN THE INTEREST OF THE STATE.

7. SAMPLES

7.1 Tender samples

7.1.1 Tender samples are not required unless specially called for.
7.1.2 The offer of the firm may be ignored, if the firm has quoted without the samples where/when these are called for.
7.1.3 The DI (SPS) reserves the right to call for sample(s) at any time during the realization of the tender. On such a demand,
the quoting firm should submit samples within the period prescribed, in such number/ quantity as DI (SPS) may
deem fit. Failure to comply with this request; shall make the offer liable for outright rejection.
7.1.4 Each sample(s) should have a Card affixed to it in the manner prescribed hereunder and should give details as prescribed
below:
(a) The sample should be securely tied with sufficiently long twine (white in colour) say about 22 cms. long, so that it
cannot be detached from the sample. The open ends of the twine should be securely tied to the label. The knot of
the twine should be spread over the label and properly sealed with shellac and seal of the company should be
affixed so that the knot is covered by the seal.
(b) The label should have following description neatly written on it :
1. Name and Address of the Company
2. Tender Notice No. and date
3. Date of Opening of Tender
4. Item no./ Name against which sample submitted
5. Signature of the person who has signed the tender.
THERE SHOULD BE NO IDENTIFICATION MARK ON THE SAMPLE AND TWINE. THIS WOULD
DISQUALIFY THE TENDER.
7.1.5 In case of firms who send their samples through rail or road transport, they should send the same “ FREIGHT PAID”
HOME DELIVERY SERVICE, and the R/R/GR should be drawn in the name of Deputy Director of Industries (SPS)
(Not self) and should be sent to the Office of Director of Industries (SPS), G.T. Road, Kanpur- 208005. Samples sent
‘Freight to pay’ shall not be accepted. DI (SPS) shall not take responsibility of taking delivery either from Railways or
Road Transport.
7.1.6 Samples called for shall not be returned. However, in special cases where samples have not been destroyed in testing,
etc., then these may be delivered to the authorized representative of the firms, if they call for the same or can be returned
direct to them at their cost, provided an application for their return is made to the office to whom the samples were sent
with in one month after the contract is placed on the successful tenderer(s) or after notification or cancellation of
demand. If no application is received within the prescribed period as above, the samples shall be disposed off in a
manner deemed fit by DI (SPS) and sale proceeds shall be credited to the Government.
7.2 If Item Samples for a particular tender are required to be shown to the would be tenderers, then these samples would be
available for inspection in the office of DI (SPS) during office hours or at such place as mentioned in the Tender Notice.
These Samples may not be provided to the tenderers.

8. VALIDITY PERIOD

8.1 Unless otherwise specified, the tenders should remain open for acceptance for a period of 90 days in case of Quantity
Contracts and 120 days in case of Rate Contracts from the date subsequent to the date of opening of tenders. If any firm
is unable to keep its offer open for the period specified above, then it should specifically state period for which its offer
is open, but it must be realized that such a proviso may prevent the offer from being considered. In case, however, the
day, up-to which the offer is to remain open, happens to be a public holiday/ is declared public holiday for Government
Offices, then the offer shall remain open for acceptance till the next working day.

8.2 Extension of Validity of Offers

It shall be ensured by DI (SPS) that the purchase decision is taken as early as possible and in any case within the original
validity period of the tenders. In all cases where seeking extension of the offers becomes inescapable, action shall be
taken up-to 20 days in advance of the expiry of the offers and the letter asking for extension shall be issued to the firms
under ‘Postal Certificate’.

9. DELIVERY SCHEDULE

9.1 The delivery of items is required by the time/ date(s)/ period specified in the Tender Notice. If, however, it is not
possible for tendering firms to effect delivery by the specified time/ date(s)/ period, then they should specify the quantity
that can be delivered by that date and also specify the time/ date by which they can guarantee the delivery.
9.2 The delivery period/ schedule should specifically be stated. Earlier delivery will be preferred.

10. TECHNICAL OFFER

In normal course the following documents are required to be submitted along-with the offer-
10.1 Please download, print and sign the Form A & B and submit it as the technical offer to confirm for Acceptance of this
tender enquiry conditions, Payment Terms and Conditions, ½% rebate on timely payments, validity period of offer and
mention the Delivery Schedule of the items in it. Please also provide the relevant numbers/ information related to license,
capacity, registration, taxation etc in it.
10.2 Technical Details
10.2.1 Please mention full technical details of your items’ specifications as stipulated in the Tender Notice. Mention, if there is
any deviation in the specifications in comparison to that of required specifications. This information may be supplied in
the Form C : Specifications & Compliance statement (download & print form).
10.2.2 If required leaflets, literature for the items tendered for may be attached/attached as scanned documents. The name and
address of the makers, country of manufacturers should also invariably be stated.
10.2.3 The items offered should conform to the latest IS specifications, wherever applicable.
10.2.4 Tenderers may tender for the items which form separate serial number in the Tender Notice, but will not be allowed to
break-up any such item or tender for only a part of each item. However the details of each of the item tendered should be
mentioned separately.
10.3 Registration
10.3.1 Please attach duly attested valid Registration/Acknowledgment certificate with any of the following organizations, for
the items being quoted or at least for the group head covering the items tendered:
(a) Concerned District Industries Center (D.I.C.) in U.P. for manufacturing firms under the MSMED Act-2006
(b) DI (SPS), U.P., Kanpur
(c) Directorate General of Supplies and Disposals (D.G.S.&D.)
(d) National Small Industries Corporation (N.S.I.C.)
10.3.2 If the application for renewal of registration with DI (SPS) has been submitted before the date of expiry of current
registration, then those firms are also eligible.
10.4 Please furnish the Performance Statement in Form D, in case the firm was in the last year’s Rate Contract list or the firm
was awarded a Quantity Contract.
10.5 Proof of deposit of tender fee.
10.6 Please attach documents of security, if asked for.
10.7 If sample(s) is/ are required to be submitted, then proof of submission of sample(s) must be attached.
10.8 If the tendered item is ISI marked, then valid ISI license/ renewal certificate must be attached.
10.9 Regulatory Act
If any Regulatory Act is applicable on the item, then attach copy of clearance of the competent authority/ regulatory
organisation.
10.10.1 If the tendering firms have quoted for items, which come under Drugs and Cosmetics Act, then they must attach copy of
the drug license, attested by Gazetted Officer and also a list of other items for which they are licensed. The latest non-
conviction and non-prosecution certificate (not more than 4/6 months old), should also be attached by the principal as
well as sole selling agent/ distributor.
10.10.2 Attested copy of non-prosecution certificate, in case the items quoted by you come under Weights and Measurements
Act, which should be preferably not more than 4/6 months old, must be attached.
10.10.3 In case of Insecticides and Pesticides, attested copies of valid license/ manufacturing license along with list issued by the
Central Insecticide Board must be attached.
10.10.4 In case of food items, attested copy of F.P.O. license must be attached.
10.10 Attach copy of test report/ certificate (s) for the items, if stipulated in the Tender Notice.
10.11 Mention, the specific details of Quality Control and Assurance facilities available with the manufacturing unit.
10.12 Please state production capacity of the tendered items in the Form A and attach the production capacity certificate. The
capacity available for this tender should also be clearly mentioned in the Form A.
10.13 (a) Please mention Trade Tax Registration Number (U.P.) and / or Central Sales Tax Registration Number in the
Form A.
(b) In case of U.P. State firms, please attach valid Trade Tax Registration Certificate and current Trade Tax Clearance
Certificate (TTCC) (only in case, if these documents are not submitted to DI (SPS) earlier and TTCC must be not
older than 12 months on the date of opening of tender). The firms may also ensure to furnish valid TTCC when
earlier one submitted to DI (SPS) expires, so that they are not required to submit the same along-with each tender.
(c) In case of outside U.P. firms, please attach valid Central Sales Tax Registration Certificate.
10.14 Please also mention the firm’s Income Tax Permanent Account Number in the Form A (refer para # 10.1).
10.15 Authority Letter
(a) The tendering firms (if they are not the manufacturer of the items) should submit, an authority letter from their
principals that they are their authorized sole selling agents/ distributors. It should speak of territory and acts
assigned to sole selling agent/ distributor and that principal will take responsibility for successful execution of
orders and also will be responsible for replacement of any supplies found defective. Vague authority letters,
business letters shall not be considered, and such offers shall be ignored outright.
(b) Copy of agency agreement between sole selling agents/ distributors and their principals, attested by Notary Public
or Gazetted Officer.
(c) The above documents (a,b) have to be submitted, only in case, if these were not submitted earlier to DI (SPS).
 (d) It shall be the duty of tenderer as well as the principal, to inform DI (SPS), if any material change takes place in
the agency agreement. Failure to do so may entail civil as well as criminal liability and this is without prejudice to
DI (SPS) rights to cancel the order or take such necessary action as it may deem fit.
(e) The sole selling agent/ distributor being tenderer, shall have to ensure despatch of items direct from factory
premises of principal manufacturer to the purchaser, if so required. Please confirm this in the Acceptance Form A.
10.16 Please, attach the Power of Attorney, Affidavit, if required.
10.17 WHEN THE VALIDITY OF CERTAIN DOCUMENTS CALLED FOR HAS EXPIRED AND RENEWAL HAS BEEN
APPLIED FOR, BUT ISSUING AUTHORITY HAS NOT ISSUED THE REVALIDATED DOCUMENTS/ LICENSE,
THEN AN AFFIDAVIT ON GENERAL STAMP PAPER OF REQUIRED VALUE SHOULD ACCOMPANY THE
TENDER. PLEASE DO NOT FORGET TO DO THIS, AS OTHERWISE THE TENDER SHALL BE IGNORED.
10.18 Please also provide any other additional information/ documents, if so stipulated in the Tender Notice.

11. FINANCIAL OFFER

11.1 The quotation i.e. the Financial Offer should be submitted in SPD-(3) form. The form should be duly filled and digitally
signed by the competent person.
11.2 (a) The detailed rates (Base Price, Excise Duty, Trade/ Sales Tax and total separately) of the quoted item must be filled in
SPD-(3). The rates must also include all packing, delivery charges and other expenditure, if any. Refund on
account of returnable package (if any) should be separately specified.
(b) (i) The price must be shown for each item separately. The percentage reduction (i.e. discount) in total price for
the entire demand should be mentioned clearly and separately.
(ii) No conditional discount shall be accepted and in case of conditional discount, the offer shall be ignored
straightway.
11.3 Excise Duty (E.D.)
11.3.1 If the tenderer has made stipulations like E.D. was presently not applicable, but the same will be charged, if it becomes
leviable later on, then the quantum of E.D. normally applicable at that time on the particular item shall be added to the
quoted price for the purpose of comparing its price with the quotations of other tenderers.
11.3.2 If the tenderer is exempted from payment of E.D. up-to any value of supplies or is entitled to concessional rate/ quantum
of E.D., then such tenderers will have to bear E.D. from his account if enhanced later on. A consent and undertaking to
this effect is required otherwise his offer will be ignored.
11.3.3 If the tenderer later on falls on higher slab of E.D. (shifts from lower slab to higher slab), then the enhanced E.D. will not
be allowed to him. However, if Government enhances the slab of E.D., then the same will be allowed.
11.3.4 The E.D. shall be payable only against requisite documentary proof.
11.4 Trade/ Sales Tax
11.4.1 If it is stated by the tenderer that trade/ sales tax be paid extra, then the same must be specifically stated. In the absence
of any such stipulation in the tender it shall be presumed for all purposes that the price quoted by the tenderer is inclusive
of trade/ sales tax and no liability for payment of trade/ sales tax will be devolved upon the purchaser.
11.4.2 In case trade/ sales tax is charged extra, then the current rates of trade/ sales tax should be clearly shown in the tender.
11.4.3 Tenderers demanding trade/ sales tax extra, will be paid trade/ sales tax at the rates prevailing at the time of supply.
11.5 The tenderer should quote in English both in figures as well as in words the rates quoted by him.
11.6 All quotations must be F.O.R., railway station nearest to suppliers base unless other-wise stipulated. Ex-works or ex-godown
rates may be rejected, unless specifically called for in the Tender Notice.
11.7 Offers with variable price shall be considered in only those tenders, where the price variation clause for variation in raw
material(s) prices has been indicated in the Tender Notice. If such a price variation is not stipulated, then only those
offers with firm price shall be considered.
11.8 If supplies will be made in installments and different payment terms (other than the payment terms specified in this enquiry)
for each installment is offered, then the offer shall be ignored.
To clarify further, if different rates are offered for different slabs of quantity, then the offer shall be ignored.
11.9 Quotations qualified by vague and indefinite expression such as ‘subject to immediate acceptance’; ‘subject to prior
sales’; ‘shall remain open for acceptance till contract is concluded’, will disqualify the tender.
11.10 Till such time a fresh agreement is drawn embodying the agreed conditions, the conditions given in SPD-(3) form shall
govern the Contract.
11.11 After opening of the Financial Offer, any change in the rates shall not be acceptable.

12. SIGNING OF TENDER

12.1 The offers must be digitally signed and submitted by the authorized person.
12.2 The individual signing the tenders must specify, whether he is
(a) Sole Proprietor of the firm.
(b) Partner, if the tendering firm is a partnership firm, in which case he must also have authority to refer to arbitration
any dispute concerning the business of the partnership by virtue of partnership agreement or a Power of Attorney.
(c) Constituted Attorney of the firm, if the firm is a company under the meaning of Company Laws.
(d) Managing Director/ President/ Chairman/ Company Secretary in case of Limited Company having authorization
from its Board of Directors.
(e) President or Secretary in case of Registered Co-operative Society, having such powers through laws/ by-laws or
by special resolution.
12.3 In case of 12.2 (b) above, a copy of Partnership Agreement or General Power of Attorney attested by a Notary Public should
be furnished, if the same has not been submitted to SPS earlier; or an affidavit on stamp paper, by all the partners
admitting execution of partnership agreement. However, if no authority to refer disputes concerning the business of the
partnership to arbitration has been conferred on any partner, then the tender and all attached documents must be signed
by each and every partner of the firm.
12.4 If the tender is signed by a person other than mentioned above, then the resolution/ authorization/ Power of Attorney duly
attested by Notary Public should be attached with the Technical Offer.
12.5 A person signing the tender form and the documents forming part of the Contract on behalf of another, shall be deemed to
warranty that he has authority to bind such other and if on enquiry, it appears that the person so signing had no authority
to do so, then DI (SPS) may without prejudice to other civil and criminal remedies, cancel the contract and hold the
signatory liable for all costs and damages.

13. PURCHASE / PRICE PREFERENCE

A policy of purchase/ price preference to the units is allowed by State Government from time to time. The rates are
compared excluding Trade Tax. Purchase preference in case of Rate Contract and price preference in case of Quantity
Contract is allowed. The following preferences at present are applicable –

13.1 Purchase Preference

(a) If the rates offered by the State’s cottage and small-scale industries are within 10% (higher range) of the rate
approved, then an opportunity shall be given to these units to be enlisted under Rate Contract, provided they
consent to accept the rate approved.
(b) If all the tenders, received are from the units outside the State, then the units, whose offered rates are within 10%
(higher range) of the rate approved, shall be given an opportunity to be enlisted under Rate Contract, provided
they consent to accept the rate approved.
13.2 Price Preference
(a) The State’s SSI/ Cottage units shall be given 10% price preference over the SSI/ Cottage units outside the State.
(b) The State’s SSI/ Cottage units shall be given 15% price preference over the medium and heavy units outside the
State.
(c) The State’s SSI/ Cottage units shall be given 5% price preference over the State’s medium and heavy units.
(d) The State’s medium and heavy units shall be given 5% price preference over the medium and heavy units outside
the State.
(e) Under the price preference scheme, units under preference even if they quote higher price in the allowed range,
are to be placed order on the price they have quoted.
13.3 The registered sole selling agent/ distributor of units are also eligible for purchase/ price preference.
13.4 The purchase/ price preference cannot be claimed as a matter of right. The firm’s products’ quality, capacity and various
G.O.(s) issued by the U.P. Government from time to time, shall be taken into consideration.
14. CANCELLATION OF TENDER

Successful tenderers may be asked to deposit security by the date specified in the Acceptance Letter. In case they fail to
deposit the security by the specified date, the Director of Industries reserves the right to withdraw the A/L without any
prior notice to the concerned party or direct the paying authority to withhold payment equivalent to security amount.

15. ARBITRATION

All disputes arising out of this contract shall be subject to the provisions of Arbitration & Conciliation Act, 1996 and
subsequent amendments thereof. Disputes not covered under the arbitration provisions shall be subject to the territorial
jurisdiction of Kanpur Courts only.

16. FORCE MAJEURE

In the event of either party (namely the Indentor and Contractor) rendered unable by Force Majeure, then the contracts
shall be governed by the Force Majeure Clause as specified below:
“ If at any time during the continuance of this contract the performance in whole or in part by either party of any
obligation under this contract shall be prevented or delayed by reasons of any war, hostility, acts of the public’s enemy,
civil commotion, sabotage, fires, floods, strikes, lock-outs, explosions, epidemics, quarantine restrictions or other acts
and regulations of respective Government of the two parties (hereinafter referred to as eventualities), then provided
notice of the happening of any such eventuality is given by either party to the other within 15 days from the date of
occurrence thereof neither party shall be entitled to terminate this contract due to this reason, nor shall, either party have
any claim for damages against the other in respect of such non-performance or delay in performance; and deliveries
under this contract shall be resumed as soon as practicable after such eventuality has come to an end or ceased to exist;
and the decision of the Director of Industries as to whether the deliveries have to be so resumed shall be final and
conclusive.”

17. WITHDRAWAL OF TENDER

17.1 If a tenderer withdraws his tender before the expiry of the validity period, DI (SPS) may agree to allow such withdrawal
but in such a case, the deposited advance security may be forfeited. If DI (SPS) does not allow such withdrawal and
accepts the tender and the tenderer fails to perform his part of the contract, then the deposited advance security shall be
forfeited besides other consequences for breach of the contract.
17.2 If subsequent to the submission of the tender, any tenderer amends, alters or modifies the contents of his tender which
are not acceptable to DI (SPS), then for the purpose of this tender, the tenderer shall be deemed to have withdrawn his
proposal.
17.3 If a tenderer who is exempted from furnishing security withdraws his proposal within the said period, then he may at the
discretion of Director of Industries, be banned from tendering for Uttar Pradesh stores purchase contracts for a period of
one year reckoned from the date of opening of the tender.

18. GENERAL

18.1 The Terms of a Contract once entered into should not be materially varied without the previous consent of the competent
authority of DI (SPS). No payments to Contractor by way of compensation or otherwise, outside the strict terms of the
Contract or in excess of the Contract Rates should be allowed without the previous approval of the competent authority
of DI (SPS).
18.2 No relaxation of specifications agreed upon in a contract or relaxation of the terms of an agreement, shall be made
without proper examination of the financial effect involved in such relaxation. Before agreeing to any relaxation of the
terms of contract/ agreement, the interest of the public exchequer shall be taken due care of.
18.3 Before entering into a Contract, all pros and cons shall be considered and the validity of the Contract Documents shall be
ensured.
18.4 DI (SPS) shall be informed of the status of the “Supply Order” by the parties concerned (‘Indentor’ and ‘Contractor’),
on a regular basis.
18.5 The quantities meant for in the Tender Notice are and shall be deemed to be only approximate and will not in any
manner whatsoever be binding on DI (SPS).
18.6 DI (SPS) will give no assistance for the procurement of Import License of raw material, unless otherwise specified in the
Tender Notice.
18.7 If any firm’s representative is found contacting the Indenting Officer/ DI (SPS) officials either before opening/
finalisation of the tender, unless specifically called for, then the firm’s tender shall be rejected.
18.8 In selecting the tender to be accepted, the technical and financial offers of each firm shall be compared and evaluated as
per evaluation procedures of DI (SPS).
18.9 Rates and other conditions being equal, preference will be given to the manufacturing unit. Where the manufacturing
unit does not sell directly, their sole selling agent/ distributor shall be preferred.
18.10 The offer/ tender of the firm shall for all purposes, deemed to have been accepted and contract made, the moment the
Acceptance Letter is signed and posted by DI (SPS).
18.11 (a) The delivery period for the items as per terms of Contract must be strictly adhered to. The extension of delivery
period may be allowed, but as per the rules and procedures of DI (SPS) and with an undertaking from Indentor
and Contractor that no further extension will be requested and rates as agreed in the Contract shall remain same.
However the following price de-escalation clause shall be applicable.
(b) Price De-escalation Clause: If the price of items goes down before supply gets completed; after the date of
extension of delivery period, then the supplier will accept the payment at the reduced price for the supplies made
after the date of reduction in price.

19. IN SUPERSESSION OF ANY OF THE CONDITIONS GIVEN ABOVE OR HEREAFTER, THE COMMISSIONER
AND DIRECTOR OF INDUSTRIES RESERVES THE RIGHT TO QUASH/ REJECT ALL OR ANY OF THE
TENDERS/ QUOTATIONS OR TO SPLIT UP THE CONTRACT, AS HE MAY DEEM FIT.

***
 SPD-3

FINANCIAL OFFER
GOVERNMENT OF UTTAR PRADESH
DIRECTORATE OF INDUSTRIES, STORES PURCHASE SECTION

A. CONDITIONS OF ARRANGEMENT

1. The arrangement is to last till but in the event of any breach of the terms of arrangements at any
time on the part of the supplier, the arrangement shall be determined summarily by the Director of Industries without
compensation to the supplier.
2. The supplier will supply goods and materials from time to time in such quantities as may be ordered by the Indenting
Officer at the rates set forth in the Schedule of rates at the para no. B.3 (page 4.3) of this form.
3. The goods or materials to be supplied under the arrangements are to be of the quality or sort in every respect equal and
answerable to the patterns or sample(s) sent with the quotations and approved by the Director of Industries. In the event
of supplies not being up to the accepted and sealed sample(s), but good enough for retention, then the goods supplied
may either be retained at a reduction in cost not exceeding 10 percent of the total value or be returned to the supplier in
accordance with paragraph Sl. No. A.10 below at the option of the Indenting Officer. The goods may only be retained at
a reduction, if the supplier agrees.
4. The Director of Industries may, by notice in writing, call upon the supplier to supply additional goods or materials to
serve as sample(s), and upon such notice in writing, the supplier shall be bound to supply additional sample(s) of goods
or materials. Such additional sample(s) should be in all respects of same quality or sort, as the sample(s) first supplied.
5. (a) All rates are to be based on delivery, securely packed, and f.o.r. station nearest to suppliers or Indenting Officer
(s) as asked for in the Tender Notice.
(b) Railway freights, if pre-paid, shall be added to the original quotations.
(c) When goods are ordered f.o.r. the station nearest to supplier, the Indenting Officer may at his option direct that
this shall be booked either by goods train or by passenger train and either at owner’s risk or at railway’s risk. The
supplier shall carry out this direction and shall, in any case, be responsible for the safe delivery of the goods
soundly and securely packed to the Railway Administration and shall obtain from such Railway Administration, a
clear receipt for the goods in evidence thereof. In the absence of a clear receipt, the supplier shall be held
responsible for all damages or loss caused by breakage or leakage which may occur to the goods while in transit
and until they have been delivered to the consignee at railway station of destination.
(d) When goods are ordered f.o.r. station of destination, the supplier shall be required to bear all risks of loss, leakage
or damage, and shall deliver the goods in good order to the consignee at railway station of destination, mentioned
in the supply order, in such quantities or number and within such time and in such manner as the Indenting Officer
shall, from time to time, direct.
6. Unless particularly stated in the supply order, the supplier must despatch all goods within 14 days of the receipt of order.
7. With every despatch of goods or materials under the arrangement invoices or bills of parcels in duplicate are to be sent
by the supplier to the Indenting Officer, the duplicate to be returned by the Indenting Officer with the quantities or
number received duly noted thereon.
8. Conditions as to time for performance whether laid down herein or in the supply order, shall be always regarded as the
essence of the arrangement.
9. The Director of Industries or Addl. / Joint/ Deputy Director of Industries (SPS) or any of the experts attached to the
Industries Department or the Indenting Department or any other officer or person duly authorized in writing by the
Director of Industries shall have power to inspect the stores before, during and after manufacture, collection, despatch,
transit or arrival and to reject the same or any part or portion, if he or they is/are not satisfied that the same are according
to the sample or specification; and of required weights, quantity and number.
10. Goods or materials rejected or refused on the ground of inferior quality or any other ground shall be removed by the
supplier at his own risk and expense within ten days after notice has been received by him of such rejection. In the event
of non-removal by the supplier as aforesaid within the said period of ten days, it shall be lawful for the Director of
Industries to authorize the Indenting Officer to sell by public auction any rejected goods or materials and in such cases
the supplier shall be credited with the sale proceeds thereof but will not be entitled to any loss or damage that may be
occasioned by such sale. If the Contractor is not satisfied with the decision of the authority rejecting or refusing the
goods, he may appeal to the Director of Industries within five days of the receipt of such notice, and the decision of the
Director of Industries, U.P. will be final in all cases.
11. The system of payment shall be as follows :
(a) Bills in triplicate shall be sent by the supplier to the Indenting Officer and on receipt of these, the Indenting
Officer or his superior officer shall make the payment direct. The suppliers may, however, for their own
convenience send an advance intimation of the amount of the bill to the Indenting Officer, but no advance
payment shall be made.
(b) Payment shall ordinarily be made within one month of delivery. All payments shall be subject to the deduction of
any amount to which the supplier may be or render himself liable under the terms of this arrangement.
12. Packing cases, containers, gunny packages, etc. which may be used for purpose of packing and which are delivered with
stores will be not returned or paid for, unless specially stipulated.
13. The Contractor shall not sub-let or assign this Contract without the written permission of the Director of Industries. In
the event of the Contractor sub-letting or assigning this Contract without such permission, he shall be considered as
having thereby committed a breach of this Contract.
14. In the event of the supplies not being in strict accordance with these conditions or not being delivered within the time
allowed, the Director of Industries may recover from the Contractor as liquidated damages and not by way of penalty the
sum of one percent of the value of the said goods or materials for each and every day up to 25 days during which the
articles to be supplied are not delivered or bad articles are not replaced. Further, it shall be lawful for the Director of
Industries or the Indenting Officer to purchase the required articles or any suitable quality obtainable in the open market
at the risk and cost of the Contractor, who in addition to the liquidated damages aforesaid shall be liable for any loss or
damages caused by the said purchase. The Director of Industries shall alone be entitled to adjudge upon the penalty or
compensation or damages due for delay in performance, and also to adjudge upon the advisability of taking other
suitable action. If the delay has arisen from any cause, which the Director of Industries may declare in writing to be
reasonable, such additional time may be allowed as may be considered necessary in the circumstances of the case. In
such a case, he may also forego the whole or any part of the aforesaid liquidated damages but not the other loss or losses.
15. In case of non-performance in any form or shape of the conditions of this arrangement, the Director of Industries shall
have power to annul, rescind or cancel the arrangement and upon his notifying in writing to the supplier that he has so
done, this arrangement shall absolutely determine. He may also ban the firm for the Uttar Pradesh stores purchase
contracts for such periods as he deems fit.
16. In the event of any dispute arising out of or concerning this Arrangement (except as to any matters the decision of which
is specifically provided for in this Arrangement), the same shall be settled through Arbitration. The provisions of
Arbitration & Conciliation Act, 1996 and subsequent amendments thereof, shall govern the process of Arbitration.
17. Without prejudice to any other remedy provided by law any amount due from the supplier to the Governor will be
recoverable as arrears of land revenue and may also be recovered by deduction from any amount due from the Governor
to the supplier on any account under any transaction.
18. The suppliers will send to the Deputy Director of Industries (Stores Purchase Section), Uttar Pradesh, Kanpur, quarterly
statement of goods they supplied under this arrangement in the following form;
Supplies during the Quarter ending 20

Name of Supply Order Name of Item Quantity or Value of Remarks ; Whether

Indenting Deptt./ No. and Date number supplies Indian make or
Officer supplied Foreign
 B. QUOTATION

1. I/We hereby quote to supply the goods/ materials in the underwritten Schedule in the manner in which and within the
time specified, as set forth in the conditions of arrangement stated above/ in the preceding sections of this T.E.; and at the
rates given in the Schedule below. I/We hereby agree that in the event of tender being accepted, the conditions of para
A.1 to A.18, on pages 4.1, 4.2 and those contained in the acceptance letter will be binding upon me/ us and will, along-
with the quotation/ conditions stated in the preceding sections of this T.E., be converted into and shall be deemed to be a
completed agreement between me/us and the Governor of Uttar Pradesh from the date of issue of acceptance letter. I/We
hereby further agree that if so required by the Director of Industries, U.P., I/we shall execute a formal Agreement Deed.
2. I/We have deposited a sum of Rs. as security and should I/we fail to execute a fresh deed of agreement if
so required, by the Director of Industries, U.P. on behalf of the Governor of Uttar Pradesh State after the acceptance of
my/our tender; then I/we hereby agree that, apart from my/ our liability under the arrangement, the above sum of security
can be forfeited and credited to the Governor.
3. SCHEDULE OF RATES : To be filled up and submitted as the financial offer.
 FORM-A
SUBMISSION OF TENDER – TECHNICAL OFFER
ACCEPTANCE OF TENDER TERMS AND CONDITIONS;
Information relating to Delivery, Validity Period, License, Capacity, Registration

Reference No. Date

From :

Tendering Firm Manufacturer Authorised Sole Selling Agent/ Distributor

Name of firm
Address

Tel. No. (s)

Telegram
Fax No.
E-Mail
If the tendering firm is Agent/ Distributor, then please fill up the details in left column of your principal manufacturer
To,
Directorate of Industries, U.P.
Stores Purchase Section
G.T. Road, Kanpur – 208 005

1. I/ We hereby tender for the supply of items ___________________________________________________ as per the TENDER
DOCUMENTS, at the Schedule of Rates quoted by me in the SPD-(3) form (Financial Offer) in accordance with the Tender Notice
no. ______________________(R/C or Q/C), dated ____________; Tender Conditions and Instructions in SPD-82(A); Conditions of
Arrangement SPD-(3) (Para 4).
2. I/ We have gone through all the Tender Conditions and Instructions in SPD-82(A) and SPD (3) and should this tender be accepted,
I/We agree to abide and fulfill all terms and conditions referred in this Tender Enquiry (T.E.).
3. I/ We pay/ have paid the required Tender Fee.
Details of Tender Fee Rs.______________ Rupees (in Words) _______________________________________By way of
_____________________________, dated _____________, issued by _________________________
In favour of Director of Industries (SPS), U.P., Kanpur, payable at Kanpur.
4. I/ We agree to pay the Advance Security/ Security Deposit (As per Tender Condition) .
Security : ____________________________, and which will be/is paid/enclosed, as set out in the Tender
Notice._______________________________________________________________________________
5. I/We hereby agree to the Payment Terms and Conditions set out in the Tender Notice. I/We hereby also agree to ½ % rebate, on
timely payments.
6. DELIVERY SCHEDULE
I/We hereby agree to deliver the items to the place of destination, as per the following schedule:

Sl. No. Name of Item Quantity (nos.) Delivery Schedule

7. If a Sole Selling Agent/ Distributor :- I/We shall ensure despatch of items direct from factory premises of our Principal to the
purchaser (Indentor), if so required and spelt out in the Tender Notice.
8. (a) I/We accept/ don’t accept the validity period of our offer, as per this T.E.
(b) If validity period, as per T.E. is not acceptable , then the validity period of our offer is :

9. Applicable License(s):
Sl. Name of License Number Date(s) of Validity
No. From To

10. Production Capacity-Quantity and Value (Q&V) : _____________________________________

Capacity available for this tender – Q&V : _____________________________________
11. Numbers relating to Registration, Taxation$:
Sl. Category Number Date(s) of Validity
No. From To
(a) Registered with #
(b) Central Sales Tax Registration
(c) Trade Tax Registration
(d) Firm’s Income Tax – Permanent Account
(e) Firm’s Central Excise Control Code
# Please state the name of the organization, you are registered with - D.I.C./ DI (SPS)/ D.G.S.&D./ N.S.I.C.; and also
the place of registration/ acknowledgement Memoranda-II as per MSMED Act-2006. :
____________________________________
$ If the tendering firm is agent/ distributor; then please state the above relevant registration numbers/ information of
the Principal manufacturing unit, in the space provided below.

12. The previous sample(s) details, in case the firm was on the DI (SPS)’ R/C list,: The sealed representative sample(s) no.
________________, dated ____________ was/ were duly approved and certified by
_________________________________________ _______________________ [name(s) of the authority/ies].
13. I/We hereby also submit the other documents as per this T.E, and have ensured this by ticking against the entries, in the Form B (1) :
Technical Offer Submission Check-list.
14. I/We authorize Mr. _________________________________, who signs as ____________________________. He shall be attending
the Tender Events on our be-half. His Designation and Address is :
Designation :___________________;Address:_______________________________________________
(Note:- Please strike off, which ever is/are not applicable.)
15. Any other information or document to be submitted as per tender conditions please mention:-

Yours faithfully,

Signature of Proprietor/ Partner(s)/ Director/

Managing Director/ Constituted Attorney
with Rubber Seal of the firm
Place ……………………….. Name …………………………………
Dated the _________________ day of ______________20 Designation……………………………
( in BLOCK letters)
 FORM-B
REASONS, IF ANY FOR NON-SUBMISSION OF THE DOCUMENTS

Sl. Reason, for Non-submission Expected Date by which

No. it shall be submitted

Form to be printed, signed by hand, scanned and uploaded as attachment.

Name:

Designation:

Seal of the Firm:

 FORM C

Tender No: Date:

Name of Firm:
SPECIFICATIONS & COMPLIANCE STATEMENT
(T.N. -Tender Notice)
Para of Specification of Item (s) Offered Compliance to In case of Non-compliance,
T.N. T.N. specification Deviation from T.N.
Specifi- - whether Yes/ No specifications to be indicated
cations in unambiguous terms
 FORM D

PERFORMANCE STATEMENT
( To be filled, in case the firm was in the last year’s Rate Contract list, or the firm was awarded a Quantity Contract)

Name of the Item (s)

Name of Indentor
Address of Indenting
Department

R/C or Q/C
Supply No.
Order Dated
Quantity
Value
Whether Completed
Order * Pending Q
V
D
Delivery As per A/L
Period Actual

* If the Supply Order is completed, then indicate the Date of Completion of Order; and if it is pending, then indicate the
Quantity (Q) and Value of Order pending (V) and expected Date of Completion (D).
 TECHNICAL OFFER SUBMISSION CHECKLIST

The Technical Offer, as submitted consist, of the following :

Sl. Documents, Forms Required to be Submitted Please

No. Confirm
1. Completely filled Form A : Acceptance of Tender Terms and Conditions & other information Yes/ No
2. Reasons if any for non-submission of the documents in Form B (2) Yes/ No
3. Completely filled Form C : Specifications & Compliance Statement, with the Technical Specifications Yes/ No
of the Item(s), along-with leaflets, literature of the Item(s)
4. Valid Registration Certificate for the particular item (s) tendered or at least for the group head, duly Yes/ No
attested (if applied for registration, or its renewal, then the relevant documentary proof)
5. Completely filled Form D : Performance Statement Yes/ No
6. Proof of deposit of Tender Fee Yes/ No
7. Documents of Security (if asked for) Yes/ No
8. Proof of sample/s submission, if it/ they is/ are required to be submitted; Yes/ No
If you were on DI (SPS)’ R/C list, then previous sample(s) details in Form A Yes/ No
9. In case item(s), quoted by you are ‘ISI’ marked, attested copy of valid relevant license issued by Yes/ No
Bureau of Indian Standards
10. In case item(s) quoted by you come/s under Drug License, attested copy of valid drug license along- Yes/ No
with list of other items for which you are licensed; Yes/ No
Attested copy of latest Non-conviction, Non-prosecution certificate (which is not older than 4/6 Yes/ No
months)
11. In case item(s) quoted by you come/s under Drug or Weights and Measurements Act, attested copy of Yes/ No
Non-prosecution certificate (which is not older than 4/6 months)
12. In case item(s) quoted by you come/s under Insecticides and Pesticides License, attested copy of valid Yes/ No
license along-with list of other items for which you are licensed, issued by C.I.B.
13. In case of food items, attested copy of F.P.O. license Yes/ No
14. Complete test certificates(s) showing conformity to particular stipulated specifications (if stated in the Yes/ No
Tender Notice)
15. Specific details of Quality Control and Assurance facilities available with the manufacturing unit Yes/ No
16. Production Capacity Certificate Yes/ No
17. Documentary proof regarding Excise Duty Yes/ No
18. Attested copy of Valid Trade and/ or Central Sales Tax Registration Certificate Yes/ No
19. Attested copy of Current Trade Tax Clearance Certificate (which is not older than 12 months) Yes/ No
20. In case you are not manufacturer:- (a) Authority letter from your Principal Yes/ No
(b) Attested copy of agency agreement with your Principal Yes/ No
21. Affidavit as per para no. 10.17, SPD-82(A) Yes/ No
22. Requisite document(s) as per para no. 12 of SPD-82(A) Yes/ No
23. Any other documents specially called for Yes/ No

Note:- 1. The documents of Sl. No. 15, 16, 18, 20, 22 are required to be submitted only if these have not been submitted
earlier to DI (SPS). However if there are any changes in these documents, then those documents should be attached.
2. Please indicate N/A, if any of the above documents are Not Applicable to your firm/ offer.