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Annexure B 1: Two cover System

KARNATAKA STATE ROAD TRANSPROT CORPORATION
CENTRAL OFFICES, STORES & PURCHASE BRANCH,
BANGALORE : 560 027
STANDARD TERMS & CONDITIONS

Tender Enquiry No. KST/CO/P/48/G-03/22-23 dt.13.05.2022 for supply of SMF

Battery for UPS

1. Submission of Tender Documents:

i) The Tender shall be submitted through e-Procurement Portal

(http://eproc.karnataka.gov.in). Vendors need to register the e-
Procurement portal to submit their bids online. The tender document
can be viewed free of cost from the e-Procurement Portal.
ii) The Tender is invited as per the provisions of the Karnataka
Transparency in Public Procurement Act-1999 in two cover system i.e.,
Pre-qualification (Technical) and Commercial offer separately. The
following documents are available in the Tender Document.
iii) Annexure “A” – Pre-qualification form to be filled and uploaded in the
same file and format.
iv) Annexure “A” 1 to be filled and uploaded in the same file and format.
v) Annexure “B” –Terms and Conditions (in the view only format and
can be downloaded)
vi) Annexure “B -1” , Standard Terms and Conditions (in the view only
format and can be downloaded)
vii) Annexure B-2: Government Order regarding restrictions on public
procurements from bidders of country/ Countries which shares a Land
Border with India (in the view only format and can be downloaded)
and declaration-III has to be submitted in this regard.
viii) Declaration I - Declaration towards offering lowest rate on Rs. 20
Stamp paper (in the view only format and can be downloaded - to be
uploaded to the e-procurement portal duly filled & signed and attached
to Pre-qualification offer).
ix) Declaration II – This declaration to be submitted by the Principal firm
(in case the Principal firm/ manufacturers will execute supplies through
their distributor) on Rs.20 & above stamp Paper (in the view only
format and can be downloaded – to be uploaded to the e-procurement
portal duly filled & signed and attached to Pre-qualification offer duly
filled).
x) Declaration III- Compliance Certificate regarding restrictions on public
procurements from bidders of such country/ countries which shares a
Land Border with India on Rs.20 & above stamp Paper (in the view
only format and can be downloaded – to be uploaded to the e-
procurement portal duly signed and attached to Pre-qualification offer)
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xi) Additional Format (in the view only format and can be downloaded
– to be up loaded and attached to prequalification offer duly filled)
xii) CA Certificate format-Certificate of verification issued by Chartered
Accountant (in the view only format and can be downloaded - to be
uploaded and attached to Pre-qualification offer duly signed by CA)

xiii) EMD in the form of DD.

xiv) The offer with conditions are liable to be rejected
2. Submission of Pre-qualification Offer through e-Procurement portal.

i) In the first cover Pre-qualification details as specified in the (Annexure-

A), Annexure-“A”1 should be filled and the same should be uploaded.

ii) The tenderers shall pay the tender processing fee through any of the
following e-payment modes. The details are available at the end of this
document.
Credit Card
Direct Debit
National Electronic Fund Transfer (NEFT)
Over the Counter (OTC) (ICICI Bank)
iii) The necessary pre-qualification documents i.e., the audited Statement
of Accounts and the Sales Tax Assessment order / Sales Tax / VAT/
Return under Form IV attested / acknowledged by the concerned
Commercial Tax Officer GST registration certificate/NSIC Registration
certificate/Additional Format with item list shall be scanned and
attached as along with Annexure “A” Pre-qualification offer in
electronic mode (scanned), in proof of sales turnover for all the years
as prescribed in the Pre-qualification criteria. The Pre-qualification offer
without attachment of scanned image of Audited Statement of Account
will be disqualified.

iv) In case the Audited Statement of the company is in the form of

Published Annual report, which runs into pages, the pages of only
Manufacturing/Trading and Profit and Loss Account and Balance Sheets
shall be scanned and attached. The Tenderer should ensure that, the
Authorized signatory of the firm and Chartered Accountant attests all
the relevant pages of Statement of Accounts.

v) The Certification of verification issued by the Chartered Accountant in

proof of turnover in the prescribed format shall be scanned and
attached along with Annexure “A” Pre-qualification offer in electronic
mode (scanned).
3. Submission of Commercial Offer through e-Procurement portal

i. The commercial details as specified in the tender shall be filled and

uploaded in the same format, which shall be encrypted using the digital
signature certificate of the tenderer. The end rate shall be provided by the
tenderer in the appropriate field against each item. The Commercial offer shall
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not be submitted in hard copy. Only commercial offer uploaded through
e-procurement portal will be considered for evaluation. The uploading
of commercial offer along with the pre-qualification offer and documents, lead
to the disqualification of the firm.

4. Submission of Original Tender Documents (hard Copies).

i. Further only the Pre-qualification Tender form (Annexure-A), Annexure – A1

in original (hard copies) duly completed sealed and signed in all respects
including EMD in the form of DD, Declaration-I, Declaration-II (if applicable),
Declaration-III, GST Registration Certificate, Certificate of Registration,
Certificate of Incorporation, SSI Certificate/ MSME Certificate/ Udyog
Aadhaar Certificate, Annual VAT/ GST return acknowledged by the
concerned Commercial Tax Officer, documentary proof for
manufacturing tendered items (in case of manufacturer), Experience
Certificates, NSIC Registration Certificate (to avail exemption from the
payment of tender form fee), Additional Format duly sealed & signed and
other supporting documents should be submitted in the office of the
undersigned or can be sent by post so as to reach this office on or before
the due date and time of opening of Pre-qualification offer, in sealed
envelopes duly super-scribing as " Pre –Qualification Offer" with the Tender
Number, Date and time of opening. The Envelopes not super scribed with the
Tender details are liable to be ignored.

ii. Non submission of Pre-qualification Documents in original within the date

and time as stated above will lead to disqualification of the firm.

iii. Any variation noticed in the Original Prequalification documents compared

to documents submitted through e-portal mode will lead to disqualification of
the firm. The Corporation reserves the right to Black list such firms apart
from initiating other legal action.

iv. The Tender inviting authority reserves the rights to extend the last date of
receipt of the Tender which would be available in the e-Procurement portal.

5. OPENING OF TENDERS:

The tenders will be opened on line on the due date and time at the Stores
and Purchase Branch, Central Offices, KSRTC, Bangalore - 560 027.
i) The Tenders will be opened online on the due date and time at the
Stores and Purchase Branch, Central Offices, KSRTC, Bengaluru - 560
027.
ii) The Tenderers or their representatives can be present on the date,
time and place of opening of the Pre-qualification and Commercial
Offer on the respective dates, when the commercial details of the
tenderers can be viewed.
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iii) The commercial bids of the Tenderers, who are prequalified, will only
be opened.

iv) The Commercial offers of all the Tenderers which are opened are
available for free view in the Web site to all the Tenderers, from the
date and time of its opening.
6. PRICES:

i. The Prices should be FOR destination basis to 39 destinations in Karnataka

State and should include the cost of Packing, Forwarding and Freight Charges
and, Insurance charges in Indian Rupees only.

ii. The packing, forwarding, freight charges, insurance and other incidental
charges should be included in the basic rate. The End rate shall be
provided by the tenderer, based on Basic Rate and applicable taxes as per
GST.

7. PRE-AWARD PENAL CLAUSE

After opening of the tender, if any supplier WITHDRAW their offer in view of
wrong quote in the e. procurement portal OR claim any modifications on their
offered basic rates ie., inclusive of discount, packing, forwarding, freight
charges, insurance and other incidental charges (other than variations in
statutory levies due to Govt. policy), the offer of such firm will not be
considered and the firm will be BLACK LISTED FOR TWO FUTURE TENDER
CYCLES beside forfeiting their EMD

8. PAYMENT:

100% payment within 30 days from the date of receipt and acceptance of
materials, subject to submission of Security Deposit.

*** Please note that, “No other payment conditions will be accepted by
KSRTC.

9. DELIVERY:

The successful tenderer has to supply the ordered quantity of materials as per
the delivery schedule given in the purchase order or as per the revised
delivery schedule if any, furnished by the consignee. The approximate number
of locations where supplies are to be made is 39 destinations across
Karnataka. The tentative schedule for supply will be from July 2022 to
June 2023. However, the tender inviting authority / consignee reserves the
right to modify the schedule and accordingly supplies have to be made

The tenderers are requested to indicate the minimum lead-time required for
delivery, from the date of purchase order.
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Failure of supply the materials as per the delivery schedule furnished in the
purchase order or the revised delivery schedule furnished by the consignees
will lead to disqualification in the future tenders besides forfeiting the EMD.

10. VALIDITY OF THE BID FOR ACCEPTANCE OF OFFERS:

The Offer should be valid for 180 days from the date of opening of the
tender and the successful tenderer has to extend the validity of the offers till
the completion of the purchase order. He should hold the price valid for the
tender period and should give a commitment in this regard in the first bid
itself. No increase in the rate decided on any account will be entertained
during the period of execution of the Tender.

The tender inviting authority may seek extension of the validity of offer by
writing, in case of delay in acceptance of the tenders.

11. EARNEST MONEY DEPOSIT:

i) The EMD (Refundable) as prescribed, Rs. 500/- shall be submitted

online through the e-Procurement portal using any of the following
4 modes.
1. Credit Card
2. Direct Debit
3. National Electronic Fund Transfer (NEFT)
4. Over the Counter (OTC) (ICICI Bank)

ii) The remaining amount, shall be paid in the form of DD drawn in

favour of “The CAO-FA, KSRTC, Bengaluru”

iii) The EMD do not carry any interest

iv) The EMD will be forfeited in the following cases: -
If the Tenderer withdraw the Quotation or make any modification in the
Rates, Terms and conditions before the expiry of the initial validity period i.e.
180 days from the date of opening of the Tender
If the specified Security Deposit is not paid within seven days on acceptance
of the Offer.
All other terms and conditions remains unaltered.

12. SECURITY DEPOSIT:

I. The successful Tenderer will be intimated through letter of Intent regarding

placement of orders with the details of Materials, Quantity, Rate and other
Terms and conditions with a request to submit the Security Deposit as
prescribed and to start supplies simultaneously so as to release the regular
Purchase Order.
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II. Before starting the supplies, the Successful Tenderer has to pay Security
Deposit as prescribed, in the Form of DD in favor of the Chief Accounts Officer
cum Financial Advisor, KSRTC, Central Offices, Bangalore-560027 OR Bank
Guarantee drawn by any Nationalized Banks OR Public Sector Banks OR
Private Sector Banks – Indian Banks in Favour of the Controller of Stores &
Purchases, KSRTC, Central Offices, Bangalore. The Bank Guarantee should be
submitted in the format prescribed by the Corporation. The Bank guarantee
submitted in any other manner is not acceptable. The Bank Guarantee
should be valid up to 30 months from the date of LOI or after
settlement of all claims whichever is later. The corporation reserves the right
to accept the Security Deposit in any other forms. The regular purchase order
will be placed only on receipt of the Security Deposit.

III. The Security Deposit is liable to be forfeited either in full or in part, if the
Tenderer on whom the purchase order is placed, fails to complete the
supplies as per the terms and conditions of the purchase orders or in case of
non-settlement of claims. The Security Deposit will be refunded after
completion of warranty of the last supply made OR after settlement of all
claims.

The security deposit does not carry any interest.

13. In case of supplies are routed through any distributor, the bank
guarantee should be furnished by the principal firm only. The bank
guarantee submitted by the distributor is not acceptable.

14. RISK PURCHASE / PENAL CLAUSE:

1) If supplies are not made as per the delivery schedule prescribed or the
revised delivery schedule intimated by the consignee, if any, the consignee
will purchase such requirements from any alternate sources and the extra
expenditure incurred thereof will be recovered from the supplier's Bills due for
payment or from the Security Deposit. Further the default supplier has to
reimburse all the liquidated damages/losses arising due to non-fulfillment of
contractual obligations.

2) The product should meet the specific requirement/ specifications as

prescribed in the Tender. If the supplies do not conform to the
specification/Samples and if the supplies are not effected as per delivery
schedule, the KSRTC reserves the right to Black list the firm.

15. TESTING OF RANDOM SAMPLES:

The random samples from the supplies received will be selected and sent for
testing to CIRT Pune / ARIA /CPRI/National Test House Kolkata or any NABL
Accredited laboratories as per JIS 8702 C – IS 15549, IEC 60896 to ensure,
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whether the product meet the specifications as prescribed in the tender
documents. In case of failure of samples in the test, penalty will be calculated
to the extent of 10% of the particular item of the invoice in addition to the
cost of samples, testing charges, administrative/ incidental charges etc., will
be levied and recovered from the pending bills after intimating the same to
the supplier. In case, pending bills are not available in the division, the firm
will be requested to reimburse the same in order settle the claim. In case of
failure of 10% of the samples in respect of previous order, then the firm will
be barred from participating in the two future tenders

16. Declaration Form - I

The Tenderer should declare that the rates quoted by them in the tender is
lowest and they have not quoted/Supplied the materials to any other STU’S/
organizations during the preceding one year at less than the rates offered by
them in the subject tender.
If the firm has supplied the materials to any other customers during the
preceding one year, at less than the rates offered by them in the subject
tender, the firm shall furnish the details such as.
Name of the STU/ Organization to whom the supplies were made.
Rates offered to them

The reasons for variation

Quality offered/ supplied

The above declaration shall be given on the stamp paper of Rs.20/- or above as
per the format provided. If the tenderer is found guilty i.e., given wrong
information in this regard as on the date of tender opening, they are liable for
disqualification.
The Declaration form shall be scanned and attached along with Annexure A
‘Pre-qualification Offer’ in electronic mode (scanned). The original document
shall be submitted along with the Prequalification Original Documents.

17. Declaration - II

This Declaration is to be submitted by the principal firm/ manufacturer,

wherever the supplies are executed through their distributor:

The tenderer should declare that, the items supplied through their Channel
Partner/ Authorized Dealer/ Distributor have been manufactured by them and
the same have been supplied as per their branded products through their
Channel Partner/ Authorized Dealer/ Distributor and tenderer should stand
Guarantee for the items supplied through their Channel Partner/ Authorized
Dealer/ Distributor.
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The above declaration shall be given on the stamp paper of Rs.20/- or above
as per the format provided.

The Declaration -II (if applicable) shall be scanned and attached along with
Annexure A ‘Pre-qualification Offer’ in electronic mode (scanned). The original
document shall be submitted along with the Prequalification Original
Documents.

18. Declaration-III

The Tenderer should certify that, they are not from such a country/ countries
which shares a land border with India. Or

They are from such a country or countries which shares a land border with
India and they have been registered with the Competent Authority and certify
that, we fulfill all requirements in this regard and are eligible to be
considered. They should submit the copy of the valid registration by the
Competent Authority for Evidence.

The tenderer should declare that, they will not sub-contract any work to a
contractor from such country or countries which shares a land border with
India unless such contractor is registered with the Competent Authority in
case the work order is released on them (a copy of the valid registration
issued by the Competent Authority to be enclosed if applicable).

The above declaration-III shall be given on the stamp paper of Rs.20/- or

above as per the format provided. If the tenderer is found guilty i.e., given
wrong information in this regard, this would be a ground for immediate
termination of order/ contract/ LoI and further legal action against them in
accordance with Law.

The Declaration-III shall be scanned and up loaded to the e-procurement

portal along with along with Annexure A ‘Pre-qualification Offer’ in electronic
mode (scanned). The original document shall be submitted along with the
Prequalification Original Documents.

19. WORK INSPECTION:

The KSRTC reserve the right to conduct Factory Inspection of the Tenderers
at any time before or after placing the order to ensure that the firm is having
required infrastructure facility to execute the orders and dis-qualify the firm, if
found the Tenderer is not having required infrastructure facility. The expenses
Travel by Air / Train etc., local transportation, stay charges etc., of the team
of officers have to be borne by the bidders.

20. GENERAL conditions: The Quantity indicated in the tender is approximate

requirement. However, the actual quantity may vary to extent for +/- 25% of
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the tendered quantity as per the requirements at the time of releasing the
order. Accordingly supplies are to be effected.

The Tender Accepting Authority at any time before passing order of

acceptance may reject all the tenders on the ground of changes in the scope
of procurement, failure of anticipated financial sources, accidents, calamities,
or any other grounds which would render the procurement un-necessary or
impossible.

The suppliers shall undertake to abide by all the terms and conditions of the
tender.

21. APPEAL: The appellate authority as per provisions of KTPP act is the
Government of Karnataka.

22. Force Majeure Clause:

a) "Neither party shall be liable for any failure to perform its obligations
hereunder where such failure is as a result of acts of God (including fire,
flood, earthquake, storm, Hurricane or other natural disasters, war, invasion,
act of foreign enemies, hostilities (whether war is declared or not), civil war,
terrorist activities, Govt. sanction, blockage, embargo or any such events
which are beyond the reasonable control of the parties. Notice informing such
occurrence shall be sent the other party within 3 days of such occurrence.
However, the acts such as labour disputes, strikes, lockouts or any such
industrial unrest in organization of the supplier shall not be considered for
such failures".
b) During the existence of any of the above conditions, the supplier shall be
excused from delivering the products to the buyer and the buyer shall be at
liberty to purchase the product elsewhere to that extent during such period
but shall again resume off take from the supplier, on receipt of the suppliers
notice of readiness to resume performance.
c) Similarly, the buyer shall be at liberty to refuse to accept the supplies from
the supplier and the supplier shall be at liberty to sell the product elsewhere
during the period (when the buyer is unable to receive the supplies from the
Supplier), but the supplier shall again resume supplies on receipt of the
buyer's notice of readiness to resume acceptance.
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d) As soon as the cause of Force Majeure has been removed, the Party (buyer or
supplier) whose ability to perform its obligations has been affected shall notify
the other of such cessation immediately and resume supply/ service.

23. Corrupt and Fraudulent Practices:

“Corrupt Practice” means the offering, giving, receiving or soliciting of anything

of value to influence the action of the public official in the procurement process
or in contract execution.

“Fraudulent Practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of KSRTC,
and includes collusive practice among the tenderers (prior to or after tender
submission) designed to establish tender prices at artificial non-competitive
levels and to deprive KSRTC of the benefits of free and open competition.
a. Tenderers/ suppliers / contractors should not be associated, or have
been associated in the past, directly or indirectly, with a firm or any of its
affiliates which have been engaged by the KSRTC to provide consulting
services for the preparation of the design, specifications, and other
documents to be used for the procurement of the goods to be purchased
under this invitation of tenders.

b. Tenderers / suppliers/ contractors shall not be under a declaration of

ineligibility for corrupt and fraudulent practices issued by government of
Karnataka.

c. Tenderers / suppliers/ contractors shall not make attempts to establish

unsolicited and unauthorized contact with the tender accepting authority,
tender inviting authority or tender scrutiny committee after opening of
the tender and prior to the notification of the award and if any attempt
by the tenderer to bring to bear extraneous pressures on the tender
accepting authority shall be sufficient reason to disqualify the tenderer.

d. In such cases, the tender inviting authority

i. Will reject a proposal for award if it determines that the

tenderers/ suppliers/ contractors recommended for award has
engaged in corrupt or fraudulent practices in competing for the
contract in question;

ii. Debarment of tenderers:- the procurement entity may debar

tenderers for a period not exceeding three years from
participation in its tenders following such procedure as may be
prescribed on the ground that tenderer is engaged in corrupt
or fraudulent practices in competing or executing the contract
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including misleading the procuring entity at any stage of
procurement activity with a fraudulent intention”.

e. Furthermore, tenderers / suppliers/ contractors shall be aware of the

provision stated below:

i. The tenderers / suppliers / contractors shall permit the KSRTC

to inspect their accounts and records relating to the
performance and to have them audited by auditors appointed
by KSRTC, if so required.

ii. KSRTC may at any time terminate the contract by giving

written notice to the tenderers / suppliers / contractors, if they
becomes bankrupt or otherwise insolvent. In this event,
termination will be without compensation to the tenderers /
suppliers / contractors, provided that such termination will not
prejudice or affect any right of action or remedy which has
accrued or will accrue thereafter to the KSRTC.

f. Termination for default

KSRTC may, without prejudice to any other remedy for breach of

contract, by written notice of default sent to the tenderers / suppliers /
contractors, terminate the contract in whole or part:

i. If the tenderers / suppliers / contractors fails to deliver any or

all of the goods within the period(s) specified in the contract,
or within any extension thereof granted by KSRTC or

ii. If the tenderers / suppliers / contractors fails to perform any

other obligation(s) under the contract

g. Disputes resolution clause

In case of any legal dispute arising between KSRTC and any tenderers
shall be within the jurisdiction of Bangalore courts only.

CONTROLLER OF STORES AND PURCHASES.

[TENDER INVITING AUTHORITY]