“Omission” is the failure to submit part or all of the information or documentation required in the Bidding Documents. Determination of Responsiveness The Purchaser’s determination of a bid’s responsiveness is to be based on the contents of the bid itself as defined in ITB 11. A substantially responsive Bid is one that meets the requirements of the Bidding Documents without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that: If accepted, would (i) affect in any substantial way the scope, quality, or performance of the Goods and Related Services specified in the Contract; or (ii) in any substantial way, inconsistent with the Bidding Documents, the Purchaser’s rights or the Bidder’s obligations under the Contract; or if rectified would unfairly affect the competitive position of other bidders presenting substantially responsive bids. Bids from Agents, without proper authorization from the manufacturer as per Section IV, shall be treated as 29.3.1 The Purchaser examine the bids to confirm that all documents and technical documentation requested in ITB Clause 11 have been provided, and to determine the completeness of each document submitted. 29.3.2 The Purchaser shall examine the bid to confirm that the Bidder has accepted all terms and conditions specified in GCC and the SCC without material deviations or reservations. Deviations from or objections or reservations to critical provisions such as those concerning Performance Security (GCC Clause 18). Warranty (GCC Clause 28), Force Majeure (Clause 32), Limitation of liability (GCC Clause 30), Governing law (GCC Clause 9) and Taxes & Duties (GCC Clause 17) will be deemed to be a material deviation. The Purchaser’s determination of a bid’s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. 29.4 If a bid is not substantially responsive to the Bidding Documents, it shall be rejected by the Purchaser and may not subsequently be
8. FOR PERFORMANCE [Please see ITB Clause 36.2 and Section III- Evaluation and Qualification Criteria] Proforma for Performance Statement (for a period of last three/five years) Bid No. _______ Date of opening ___________ Time __________ Name of the Firm __________________________________ Order placed by (full address of Purchaser) Order No. and date Description and quantity of ordered equipment Value of order Date of completion of delivery Remarks indicating reasons for late delivery, if any Has the equipment been satisfactorily functioning? (Attach a certificate from the Purchaser/Consignee) As per contract Actual 1 2 3 4 5 6 7 8 Signature and seal of the Bidder _______________________________ _______________________________
1. Line Item N Description of Goods Quantity Physical unit (Site) as specified in BDS Delivery (as per Incoterms) Date Earliest Delivery Date Latest Delivery Date Bid Security in Indian Rupees [insert item No] [insert description of Goods] [insert quantity of item to be supplied] [insert physical unit for the quantity] [insert place of Delivery] [insert the number of days following the date of effectiveness the Contract] [insert the number of days following the date of effectiveness the Contract] [The Purchaser shall fill in this table, with the exception of the column “Bidder’s offered Delivery date” to be filled by the Bidder] 2. List of Related Services [ITB Clause 14.8(b)] and Completion Schedule Service Description of Service Quantity1 Physical Unit Place where Services shall be performed Final Completion Date(s) of Services [insert No] [insert description of Related Services] [Insert modifying as appropriate deleting inapplicable items from the following:] [insert quantity of items to be supplied] [insert physical unit for the [insert name of the Place] [insert required Completion Date(s)]
of time by either party to the other shall prejudice, affect, or restrict the rights of that party under the Contract, neither shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract. Any waiver of a party’s rights, powers, or remedies under the Contract must be in writing, dated, and signed by an authorized representative of the party granting such waiver, and must specify the right and the extent to which it is being waived. Severability If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract. Language The Contract as well as all correspondence and documents relating to the Contract exchanged by the Supplier and the Purchaser, shall be English. Supporting documents and printed literature that are part of the Contract may be in another language provided they are accompanied by an accurate translation of the relevant passages in English language, in which case, for purposes of interpretation of the Contract, this translation shall govern. The Supplier bear all costs of translation to the governing language and all risks of the accuracy of such translation, for documents provided by the Supplier. Deleted Eligibility The Supplier and its Subcontractors shall have the nationality of an eligible country. A Supplier or Subcontractor shall be deemed to have the nationality of a country if it is a citizen or constituted, incorporated, or registered, and operates in conformity with the provisions of the laws of that country. All Goods and Related Services to be supplied under the Contract and by the Bank shall have their origin in Eligible Countries. For the purpose of this Clause, origin means the country where the goods have been grown, mined, cultivated, produced, manufactured, or processed; or through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its components.
2. [The successful Bidder fill in this form in accordance with the instructions indicated] THIS CONTRACT AGREEMENT is made the [ insert: number ] day of [ insert: month ], [ insert: year ]. BETWEEN (1) [ insert complete name of Purchaser ], a [ insert description of type of legal entity, for example, an agency of the Ministry of .... of the Government of { insert name of Country of Purchaser }, or corporation incorporated under the laws of { insert name of Country of Purchaser } ] and having its principal place of business at [ insert address of Purchaser ] (hereinafter called “the Purchaser”), and (2) [ insert name of Supplier], a corporation incorporated under the laws of [ insert: country of Supplier] and having its principal place of business at [ insert: address of Supplier ] (hereinafter called “the Supplier”). WHEREAS the Purchaser invited bids for certain Goods and ancillary services, viz., [insert brief description of Goods and Services] and has accepted a Bid by the Supplier for the supply of those Goods and Services in the sum of [insert Contract Price in words and figures, expressed in Rs] (hereinafter called “the Contract Price”). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to. 2. The following documents shall constitute the Contract between the Purchaser and the Supplier, and each shall be read and construed as an integral part of the Contract Agreement. This Agreement shall prevail over all other contract documents: In the event of any discrepancy or inconsistency within the Contract documents, then the documents shall prevail in the order listed below. The letter of Acceptance this Contract Agreement The Supplier’s letter of Bid and original completed Schedules including Price Schedules Special Conditions of Contract General Conditions of Contract Technical Requirements (including Schedule of Requirements and Technical Specifications)