Government of West Bengal
Office of the Executive Engineer, Resource Division, PHE Dte.
P-16, Indian Exchange Place Extn. (1st Floor) Kolkata – 700 073
SHORT NOTICE INVITING TENDER
(NIT No. 14/EE of 2008-2009 )
Memo. No. 61/RS Date :- 09.01.2009
Sealed Tenders in relevant WBF 2908 are invited for the following work from the Agencies having
sufficient experience and credentials for successful completion of similar nature of work preferably in a
Brief description of Estimated Earnest Money Last date of Last date of Date of Time of
work Quantity & application & selling Tender dropping Completion
place of permission papers & opening
delivery of Tender
Supply and delivery of A/c. Payee Bank
computer hardware items As per Draft for 2% of 15/01/2009/ 1 (one)
at various offices of schedule of the quoted price 16/01/2009 19/01/2009 21/01/2009 month
PHED, Govt. of West work etc. subject to a
Bengal. maximum of
1. Tenderers shall have to submit their offer against the permission for participation, to be obtained
from the undersigned within date and time noted above. Permission for issuing tender document
shall be accorded on the basis of submission of requisite document to the entire satisfaction of the
tender inviting authority. All pages for the documents accompanying the prayer for issuing tender
documents must be attested by competent authority and stamped signature of the applicant shall
also have to be put on each of the document clearly stating “submitted by”. The offer should be
submitted in sealed covers. The cover shall be sealed and shall contain, the earnest money drawn
in favour of the Executive Engineer, Resource Division, PHE Dte. along with the technical proposal
along with the write-up, specification, other terms and conditions. All the sealed covers shall be
superscribed with NIT no. and date, name of work i.e. relevant details for easy identification and
shall be properly sealed to maintain secrecy of the offer. The aforesaid sealed cover shall be
opened and correctness of earnest money shall be checked. If the earnest money found not to be
in conformity with the tender conditions, the tender shall be treated as informal.
Any correction made on the offers shall have to be authenticated by putting initials and overwriting
should not be made to avoid ambiguity. Ambiguous offers shall be summarily rejected. Earnest
money as stated above should be drawn in favour of Executive Engineer, Resources Division, PHE
Dte. payable at Kolkata on any Nationalized Bank.
(i) It is expected that the intending tenderers may have to consult with the officers of PHED
regarding the purpose of works in question. The detailed procedure of delivery of
materials at destinations and such other relevant points which will help them to be
acquainted with the work.
(ii) The intending tenderers shall have to produce before the undersigned necessary
documentary evidence to prove their capability for executing subject work, enclose
authenticated credentials in support of their past experience, financial capabilities, yearly
out-tern certificate without which no permission will be given to the firm. Permission to
participate in the tender will be given by the Executive Engineer, Resource Division, PHE
Dte. and tender documents may be had from his office between 11.00 A.M. to 4.00 P.M.
on any working day on payment of Rs.500/- (Rupees five hundred) only per set and on
production of valid certificate issued by Income Tax, Commercial Tax Authorities and
Sales Tax Registration Certificate along with other relevant documents as may be
No permission shall be granted no tender document will be sold after the dates specified in
the NIT. If any of the noted last days of the NIT become a Public Holiday then the next
working day shall automatically become the last day for discharge of business.
(iii) Tenderers with the superscription of name of the work on the cover thereof will be received
upto 2.00 P.M. and will be opened at 2.30 P.M. on the same day in presence of the
participating tenderers. Tenders must be accompanied with the requisite earnest money in
favour of Executive Engineer, Resource Division, PHE Dte. in A/c. Payee Bank Draft / Pay
Order only on any Nationalized Bank payable at Kolkata.
(iv) Each page of the Tender documents must be signed by the Tenderers and all corrections
should bear their initials. Tenderers who sign tender on behalf of their company should
have the power of attorney in support of their competency. Any sorts of canvassing are
strictly prohibited. Tender which do not fulfill any of the above conditions or are incomplete
in any respect are liable for rejection.
(v) Tenderers should quote their rate per set item wise both in figures and in words. Special
Excise Duty, central Sales Tax, Octroi, Inspection charges, Transportation charges and/or
any other charges, loading, stacking charges and all incidentals as applicable should be
included in the quoted rate.
(vi) Quantities mentioned in the tender document are indicative only and orders shall be
placed subject to actual requirement by the PHE Dte. the requirement may widely vary.
No claim shall be entertained for any variation of requirement during the currency of the
(vii) Percentage deduction will be done from the running bills which together with the earnest
money shall constitute 10% of the billed value of the work and will be kept lying in the
office of the undersigned as security deposit.
(viii) A deed of contract will have to be executed against supply and/or work order in requisite
forms which will be available on payment of usual charges.
(ix) The acceptance of the tender will rest with the accepting authority who does not bind
himself to accept the lowest or any tender and reserves the right to reject in part or in full
any or all tender(s) received and to split up the work among participants without assigning
any reason thereof.
(x) If any tenderer withdraws his tender before acceptance or refusal within a reasonable time
without giving any satisfactory explanation for such withdrawal, he shall be disqualified for
participation in any tender of this Dte. for a minimum period of 2 (two) years.
(xi) The price offers shall remain firm within the currency of contract and no escalation of price
will be allowed.
(xii) The quoted offer and/or rate must be valid for a minimum period of 6 (six) months from the
date of opening of tender. The tender inviting authority reserves the right for seeking
extension of validity of offered rate from the successful tenders. Acceptance of such
request during actual offer is however optional to the offerers.
2.0 Eligible Bidder
An individual organization shall submit the bid. No consortium or sub vendor is allowed.
The bidder shall meet the following criteria for eligibility:
The bidder shall be an Information Technology company or be a subsidiary of an
Information Technology company or a renowned company authorized to sell
specific/assorted software products.
o The bidder should have experience in project implementation and monitoring experience,
spread across the state.
o The bidder shall have bank’s certificate of solvency.
o The bidder shall have company registration certificate, registration under Labour Laws
Contract Labour (Regulation & Abolition Act) Act, valid sales tax registration certificate and
valid service tax registration certificate and shall all licenses required to perform the works
mentioned in the scope of work.
The bidder shall have a minimum annual turnover of Rs.20.00 lakh in selling the IT products and
solutions for each of the past 3 years. The bidder shall have independently completed at least two projects
each of minimum valued of Rs.10.00 lakh involving supply and installation of Servers, desktops along with
other system software and System Integration with the Govt. References (contact details, customer
completion certificate, customer etc) for these projects shall be provided.
The local presence of the bidder in Kolkata in mandatory. In case bidder has no presence
in Kolkata, bidder shall furnish an undertaking that an office shall be opened in Kolkata
with sufficient personnel and inventory of spares within a month on selection as operator.
Details of Technical certification of staff must be furnished. The Bidder should have
adequate certified professionals, certified / trained from the Original Equipment
manufacture (OEM) whose equipment would be quoted.
Bidders with experience in supporting / executing an IT project across the state of West
3.0 Documents to Accompany the Bids
The bid submitted by the bidder shall have the following documents:
1. EMD (Bid Security)
Each bid must accompany a cross bank draft / bankers cheque of 2.0% of the work value only
subject to a maximum of Rs.20,000.00. The instrument must be from a nationalized / scheduled
bank and be payable at Kolkata. The validity of the EMD instrument will be for 6 months and may
have to be extended by the successful bidder till Final Acceptance of the project. The EMD will
however be released along with the first payment made to the contractor.
2. Organizational Capability
2.1 The audited financial statement / audited annual report of the last three financial years.
2.2 Company registration certificate
2.3 Valid sales tax / VAT registration certificate.
2.4 Valid service tax registration certificate
2.5 Details of project executed
2.6 Quality certification of the bidder (ISO 9000, SEI-CMM etc) if any.
3.1 Power of Attorney of Authority for signing the bid.
3.2 Bid Letter Form duly filled in.
3.3 Clause by clause Compliance statement indicating model no and part number products
offered. Printed leaflet from OEM or Website URL reference to be included.
3.4 Services offered shall be strictly as per requirements mentioned in this Bid document No
deviation to the technical specification or service requirement acceptable.
3.5 Un-priced Bill of Materials (BOM)
3.6 Post implementation service plan. Details of Call logging / Helpdesk facility.
3.7 Original tender document duly signed on all pages indicating acceptance of all term and
4.0 Evaluation Criteria
1. Bid Security
Bidders who have submitted the valid bid security (EMD) as per the format shall be considered for
further evaluation. Absence of proper EMD will lead to summary rejection of the bid.
2. Organizational capability
The bid shall be rated upon these:
i) Annual turnover
ii) Technical Manpower strength and their relevant skill set
iii) After care support organization and procedure
iv) Criteria as mentioned in clause no.2.
However, after careful observation of documents submitted along with the Bid, the same will be
property evaluate, PHED reserves the right to choose the most over all responsible bidders and not
necessarily the bidder with lowest Financial Quote. Also bids may be evaluated in totality or item-wise.
5.0 Post Qualification
The determination will evaluate the Bidder’s financial, technical, design, integration, customization,
production, management, and support capabilities and will be based on an examination of the documentary
evidence of the Bidder’s qualifications, as well as other information the Purchaser deems necessary and
appropriate. This determination may include visits or interviews with the Bidder’s clients referenced in its
bid, site inspections, and any other measures. At the time of post qualification, the Purchaser may also
carry out tests of determine that the performance or functionality of the information system offered meets
those stated in the Detailed Technical Specification.
6.0 Cost of Bidding
The Bidder shall bear all costs associated with the preparation and submission of Bid, and PHED
will in no case be responsible for those costs, regardless of the conduct or outcome of the bidding process.
7.0 Bid Document
Bidder is expected to examine all instructions, forms, terms and requirements in the bid document.
The invitation to Bid together with all its attachments thereto, shall be considered to be read, understood
and accepted by the Bidder unless deviations are specially stated in seriatim by the Bidder. Failure to
furnish all information required by the bid document or a Bid not substantially responsive to the bid
document in every respect may result in the rejection of the Bid.
8.0 Amendment of Bid Document
At any time before the deadline for submission of bids, PHED for any reason, whether at its own
initiative or in response to the clarifications requested by bidders may modify the bid document by
All bidders who have purchased the bid document will be notified of the amendment, and such
modification will be binding on them.
9.0 Language of Bid
The Bid prepared by the Bidder, as well as all correspondence and documents relating to the Bid
exchanged by the Bidder and PHED, shall be in English. Supporting documents and printed literature
furnished by the bidder may be in any other language provided they are accompanied by an accurate
translation of the relevant pages in English. For purposes of interpretation of the bid, the translation shall
10.0 Bidder’s Solution
The bidder shall submit only one option per cat3gory, which is best suitable to meet the
specification mentioned under detailed in Section titled : Technical Specification. The bids submitted with
more options shall be liable to be rejected.
While working out a solution the bidder must quote products currently available in the market. The
product quoted must be listed in the OEM’s website.
11.0 Validity of Offer
The proposals shall remain valid for a period of 90 days after the scheduled date for submission of
the offer. In absence of compliance with the prescribed validity period the bid is liable to be rejected. In
exceptional circumstances, the purchaser may solicit the Bidder’s consent for extension of the bid validity
period. When the Bidder extends the validity period, the Bidder shall do the same without any modification
to the bid proposal.
12.0 Taxes & Duties
The prices shall be inclusive of all taxes and levies including VAT and service tax. However, the
rate of Taxes should be indicated separately in the Price Schedule.
For the purpose of the contract, it is agreed that the contract price specified in Price Schedule, is
based on the taxes duties and charges prevailing at the date one (1) day prior to the last date of bid
submission date. If any rates of tax are increased or decreased, a new tax is introduced, an existing tax is
abolished, or any change in interpretation or application of any tax occurs in the course of the performance
of contract, which was or will be accessed on the Bidder in connection with performance of the contract, an
equitable adjustment of the contract price shall be made to fully take into account any such change by
addition to the contract price or deduction there from as the case may be.
13.0 Discrepancies in Bid
In case of discrepancies in bids, the following will be adopted to correct the arithmetical errors for
the purpose of evaluation.
In case of discrepancy between the original and copies of bid, the original bid will be considered
Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit
price and the total price, which is obtained by multiplying the unit price and quantity, or between subtotals
and the total price, the unit or sub total price shall prevail, and the total price shall be corrected.
If there is a discrepancy between words and figures, the amount in wards will prevail. If a bidder
does not accept the correction of errors, its bid will be rejected and its bid security may be forfeited.
The purchaser may waive any minor informality, nonconformity, or irregularity in a bid that does not
constitute a material deviation, provided such waiver does not prejudice or affect he relative ranking of any
14.0 Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted to be
executed, under this contract by the purchaser or the Bidder may be taken or executed by the officials
authorized for the purpose.
15.0 Bid Due Date
Bid shall be received by the PHED at the address specified in the Notice Inviting Tender (NIT) not
later than the date and time specified in the NIT.
PHED may, as its discretion, on giving reasonable notice by fax, cable or any other written
communication to all prospective bidders who have been issued the bid documents, extend the bid due
date, in which case all rights and obligations of the PHED and the bidders, previously subject to the bid due
date, shall thereafter be subject to the new bid due date as extended.
16.0 Late Bid
Any bid received by the PHED after the bid due date and time prescribed in NIT is liable to be
rejected. It would be the purchaser’s sole decision to accept or reject a “Late Bid”.
17.0 Opening of Bids by PHED
Bid shall be opened in the presence of Bidder’s representatives (Maximum 2), who choose to
attend. The Bidder’s representatives who are present shall sign a register evidencing their attendance and
produce necessary authorization.
The Bidder’s names, Bid modifications or withdrawals, discounts and the presence or absence of
relevant Bid security and such other details as the PHED officer at his/her discretion, may consider
appropriate, shall be announced at the opening PHED.
Immediately after the closing time, the PHED contact person shall open the bid security. The
Organizational capability bids of those who have submitted the valid bid security shall then be opened. The
Techno-commercial Bid envelopes and Financial Bid envelopes shall be in the custody of a designated
18.0 PHED’s Right to Reject any or All Bids
PHED reserves the right to reject any bid, and to annual the bidding process and reject all bids at
any time prior to award of contract, without thereby incurring any liability to the affected Bidder(s) or any
obligation to inform the affected Bidder(s) of the grounds for such decision.
Executive Engineer (Resource Division)
Public Health Engineering Directorate
Government of West Bengal
Memo.No.___61/________/ RS dated, the___09.01.2009
Copy forwarded to:
1. The Director of Information & Cultural Affairs West Bengal, Writers Buildings Kolkata-700001 in
triplicate with a request to arrange for immediate publication of notice in 3 (three) or more local dailies in
English, Bengali and Hindi and in addition in paper of all India circulation.
2. The Chief Engineer, Head Quarter/Mechanical-Electrical /Planning & WQM/Western Zone PHE Dte for
information and necessary action please.
3. The Superintending Engineer, Mechanical Circle-II PHE Dte. This is information to the kind instruction
of Chief Engineer vide his memo no. 24096/MC/27/08 dated 22.12.08 .
4. The Superintending Engineer, Mechanical Circle-I/III PHE Dte for circulation through notice Board.
5. The O.S.D Monitoring Cell, PHE Dte.
6. The Dy. Superintending Engineer, I/II, Monitoring Cell, PHE Dte.
7. The Executive Engineer, Eastern Mech. Divn/Electrical Divn/Central Drilling Divn PHE Dte.
8. The Executive Engineer Spl.Investigation Division/New Town Kolkata Mechanical Division PHE Dte for
circulation through notice Board.
9. The Assistant Engineer, Kolkata Resources Sub Divn/Kalyani Stores Sub Divn PHE Dte.
10. The Sr. DAO/Estimator/Cashier/Bill Clerk, Resources Division, PHE DTE
11. Notice Board, Resources Division, PHE DTE.
Resources Division, PHE DTE
Schedule of Work
Name of Work : Supply and delivery of hardware items at various offices of PHED
Sl. Description of Item Quantity Rate VAT @ Rate Amount
No Including (Rs)
1 Supply and delivery of DESKTOP
PC’s of assorted specification,
make, model at various offices of
PHED as furnished in the 10
specification and distribution, matrix
enclosed, as per direction and
satisfaction of Engineer-In-Charge.
Total Amount : Rs.
Say : Rs.
Resources Division, PHE DTE
DESKTOP PC SPECIFICATION
Lenovo Think Centre PC Model – M55 (Item No.3 of DGS&D Rate Contract)
Processor Intel Pentium Dual Core Processor E2160@ (1.80 GHz/800 MHz FSB/1 MB L2 Cache) with EM 64T.
Motherboard Intel 945 series/nVidia Chipset 7025 or better on OEM Motherboard.
Bus Architecture Integrated Graphics, 2 PCI, 1 PCI Express x 1 and 1 PCT Express x 16.
Memory 1 GB DDR2 533 MHz RAM with 4 Nos. DIMM slots.
Hard Disk 160 GB SATA HDD 7200 rpm.
Monitor 43.2 cm SVGA Digital colour Monitor (to support 1024 x 768 NI resolution) MPR II Compliant or
Keyboard & Mouse Standard Keyboard & Optical Scroll Mouse
Bays 4 Nos. (2 Nos. 5.25 inches for Optical Media Drives and 2 Nos. 3.5 inches for Hard Disk Drives).
I/O Ports 6 USB Ports (with at least 2 in Front), 1 Serial Port, 1 Parallel Port, 1 PS/2 Keyboard and 1 PS2
Mouse Port, Audio Ports for microphone and headphone in front.
DMI DMI 2.0 Compliance and Support.
Optical Drive 8x DVD Writer
Networking Facility Integrated 10/100/1000 on board integrated Network Port with remote booting facility, remote system
installation, remote wake up.
Operating System Win Vista Business preinstalled with Media and Documentation and Certificate of Authenticity.
OS Certifications Win Logo vista Business OS and Linux Certifications.
Power Management Screen Blanking, Hard Disk and System Idle mode in Power on, Set up Password, Power Supply
SMPS Surge protected.
Preloaded Software Norton, McAfee, Etrust or equivalent Antivirus (Latest Version) with 60 days License.
Warranty 3 years manufacturer’s warranty on all components with 3 years onsite support.
Additional Items for LENOVO Desktop PC – (Based on current DGS&D)
Product Description Unit Price
8x DVD Writer in lieu of 8x DVD ROM – (Item No.37) Rs.717/- + VAT @ 4%
Resources Division, PHE DTE
Distribution Matrix of Hardware
Stipulated Offices under PHED
Sl.No. Location of Hardware Supply Name of the Office Desktop PC
1 4, C R Das Road Beharampur Office of the Executive Engineer, 3
Phone No (03482) 252-481 Berhampur Divn-I
2 Kalyani – Nadia Divisional Office Office of the Executive Engineer, 3
DC Building, Kalyani Nadia Arsenic Divn-II
Ph No 2582- 08277
3 Netaji Subhas Road, PHE River Office of the Executive Engineer, 2
Side Complex, Berhampur, Dist. Berhampur Mech Divn
Murshidabad. Phone No (03482)
4 33 & 33/1, Chetla Central Road, Office of the Executive Engineer, 2
3rd Floor, C.I.T. Market Complex, Planning Wing (Mech/Elect)
Kolkata – 700 027
TOTAL : 10
N.B. : (1) The Water Testing Laboratory (wherever applicable) should be equipped with the Desktop
PC out of the provision made under the above Distribution Matrix.
(2) The Hardware items supplied at Nadia Divn should be handed over to the Executive
Engineer, Nadia Arsenic Divn-II in due course.
Resources Division, PHE DTE
Distribution Matrix of Printers
Stipulated Offices under PHED
Sl.No. Location of Hardware Supply Name of the Office Printer of Assorted Model
1 4, C R Das Road Beharampur Office of the Executive 1
Phone No (03482) 252-481 Engineer, Berhampur (HP High end MFP 5025-A3)
2 Kalyani – Nadia Divisional Office Office of the Executive 1
DC Building, Kalyani Engineer, Nadia Arsenic (HP High end MFP 5025-A3)
Ph No 2582- 08277 Divn-II
3 Netaji Subhas Road, PHE River Office of the Executive 1
Side Complex, Berhampur, Dist. Engineer, Berhampur (HP High end MFP 5025-A3)
Murshidabad. Phone No (03482) Mech Divn
4 33 & 33/1, Chetla Central Road, Office of the Executive 1
3rd Floor, C.I.T. Market Complex, Engineer, Planning Wing (HP High end MFP 5025-A3)
Kolkata – 700 027 (Mech/Elect)
5 Chief Engineer (HQ Office) Chief Engineer (HQ Office) 1
New Secretariat Buildings New Secretariat Buildings (HP All-in-one Laserjet of
1 K S Roy Road (6th Floor) 1 K S Roy Road (6th Floor) Model 1319f)
Kolkata – 700 001 Kolkata – 700 001
TOTAL : 5
Resources Division, PHE DTE
General Conditions of Contract
1.0 Site Inspection
The contractor shall inspect the site of installation and submit a drawing showing the general layout of the
items to be installed such as Desktop PC’s, Printers, Racks, Servers, Routers, Switches, Electrical Points etc. The
site will be made ready thereafter and handed over to the contractor for necessary installation.
2.0 Work to be done
The work to be done (as mentioned in the Scope of Contract and other places of these documents) consists
of furnishing all materials supplied (except those materials listed elsewhere in the tender documents as being
furnished by the Department), all labor, tools, equipments and superintendence necessary for or incidental to the
completion of the work, with all appurtenant facilities in accordance with the contract specifications.
3.0 General Obligations of Contractor
All obligations of the Contractor are fully set forth and described in the tender documents. Upon award of the
contract the Contractor shall be required to purchase contract document on payment of cost. He shall sign and return
the requisite number of documents to perform the formalities.
4.0 Compliance with Laws
The Contractor shall keep himself fully informed of all current national, state and municipal law and
ordinances. He shall conduct the work in compliance with all such laws and ordinances. The Contractor, shall, at his
own expense, obtain all necessary permits and licenses and pay all fees and taxes required by law.
5.0 Workmen’s Compensation
In every case in which by virtue of the provisions of the workmen’s compensation Act, 1923, or any other
relevant acts and rules, compensation to a workmen employed by the Contractor, is payable, then this should be
done by the Contractor. If the Department is obliged to make any compensation under the said rules and acts, then
the amount shall be recovered without prejudice, from the bills and dues of the Contractor. The Department shall not
be bound to contest any claim made against the Contractor in respect of workmen’s compensation.
Whenever the Contractor is not present at the site of work, orders given by the Engineer or his
representative shall be received and executed by the Superintendent or Foreman or any other authorized
representative of the contractor who may be in-charge of the work.
7.0 Contractor’s Employees
Any labourer supplied by the Contractor to be engaged on the work on day work basis either wholly or partly
under the direct order or control of his representative shall be deemed to be a person employed by the Contractor.
The Contractor shall comply with the provision of all labour legislation including the requirement of the
payment of Wages Act, 1936 and the rules framed there under and modifications thereof in respect of men employed
by him in carrying out the contract. The Contractor shall see that all authorized Sub-Contractors under him similarly
comply with the above requirements.
8.0 Safety Measures
The Contractor shall in the course of execution of the work take all necessary precautions for the protection
of all persons and property.
The Contractor shall take adequate measures to protect the work and prevent accidents during the construction.
In the event of any accident to any person or persons or damage or injury of any description to any person or
property due to failure on the part of the contractor in taking proper precautionary measures the Contractor shall be
responsible for and must make good the loss the damage at his own cost to the satisfaction of the Department and
employees of the Department shall be indemnified from all claims or liabilities arising there-from or any expenses
incurred on account thereof.
All equipment necessary for the work shall have to be procured by the Contractor unless otherwise specified
elsewhere in these tender documents. The equipment used by the Contractor for a particular work must be
appropriate for the type of work. The Contractor shall maintain the equipment used in the work properly so that they
are in good working condition. In no case shall the Contractor use defective or imperfect equipment in the work. The
Contractor shall arrange to replace or repair all defective equipment so that the progress of the work is not
hampered. No defective equipment should be left at the site of work, and the Department shall not be responsible for
any loss or damage to any of this equipment during the course of the execution of the work.
10.0 Responsibility and Power of Engineer
The Engineer or his representative shall watch and supervise the work. He shall have authority to stop the
work whenever such stoppage may be necessary to ensure proper execution of the contract. He shall have authority
to reject any work or material, which do not conform to the contract document, to direct the sequence of the work,
and to decide all questions which arise in the execution of the work.
The Engineer or his representative shall have the power of inspection of all work to be performed under this
contract. All work shall be performed only in the presence of the Engineer or his representative. In order that
inspection services may be provided, the Contractor shall keep the Engineer or his representative well informed
concerning his operation plans at least one working day in advance.
All work under or in course of execution or executed in pursuance of the contract shall at all times be open
to the inspection and supervision of the Department and its representatives. The Contractor shall at all times during
the usual working hours, and at all other times at which reasonable of the intention of the Engineer or his
representative to visit the works shall have been given to the Contractor, either himself be present to receive orders
and instructions, or have responsible agent duly accredited in writing present for that purpose.
11.0 Termination for Default
PHED may without prejudice to any other remedy or right of claim for breach of contract, by giving
not less than 30 days written notice of default sent to the Contractor, terminate the contract in whole or in
If the Contractor materially fails to render any or all the services within the time period(s) specified
in the Contract or any extension thereof granted by PHED in writing and fails to remedy its failure within a
period of thirty (30 days after receipt of the default notice from PHED.
If the contractor in the judgment of PHED has engaged in corrupt or fraudulent practices in
competing or in executing the contract.
If the project (delivery, commissioning as well as warranty maintenance support) is not carried out
according to specification due to deficiency in service as per terms of the contract.
12.0 Force Majeure
Force Majeure is hereby defined as any cause, which is beyond the control of the Contractor or
WTL as the case may be, which such party could not foresee or with a reasonable amount of diligence
could not have foreseen, and which substantially affect the performance of the Contract, such as:
a) War, hostilities, or warlike operations (whether a state of war be declared or not). Invasion
act of foreign enemy, and civil war.
b) Rebellion, revolution, insurrection, mutiny, usurpation of civil or military government,
conspiracy, not, civil commotion, and terrorist acts;
c) Confiscation, nationalization, mobilization, commandeering or requisition by or under the
order of any government or dejure or de facto authority or ruler, or any other act or failure
to act of any local state or national government authority.
d) Strike, sabotage, lockout, embargo, import restriction, port congestion, lack of usual means
of public transportation and communication, industrial dispute, continuous failure of input
power supply for over 10 hours, shipwreck, epidemics, quarantine and plague.
e) Earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave, typhoon or
cyclone, hurricane, nuclear and pressure waves, or other natural or physical disaster.
If either party is prevented, hindered, or delayed from or in performing any of its obligations under
the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrences of such
event and the circumstances of the3 even of Force Majeure within fourteen (14 days after the occurrence of
such event. The party who has given such notice shall be excused from ‘the performance or punctual
performance of its obligations under the Contract for so long as the relevant event of Force Majeure
continues and to the extent that such party’s performance is prevented, hindered, or delayed.
The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate
the effect of the event of Force Majeure upon its or their performance of the contract and to fulfill its or their
obligations under the contract, but without prejudice to either party’s right to terminal the contract.
No delay or non performance by either party to this contract caused by the occurrence of any event
of Force Majeure shall;
(a) Constitute a default or breach of the contract
(b) Give rise to any claim for damages or additional cost or expenses occasioned by the delay
or non performance.
If, and to the extent that, such delay or non performance is caused by the occurrence of an event
of Force Majeure.
Under Force Majeure conditions Purchaser’s obligations to make payments to the contractor under
this contract shall remain.
All Desktop Computers will be covered by onsite warranty for a period of 3 years from the date of
supplying and commissioning.
The contractor will warrant that products supplied under the contract, are newly made and are free
from defects in the design, engineering and workmanship.
Service support for the entire warranty period will be on site and comprehensive (including spares)
and free cost for the entire warranty period.
The bidder should have a call centre working from at least 9 AM to 8 PM in Kolkata. The contact
details of the call centre must be furnished along with the bid. Any call logged with the service centre must
be given a running docket number to the person reporting the call.
The call log as well as resolution details have to be submitted to PHED on a monthly basis not later
than 4th instant of every calendar month. Non receipt of report with in the specified date in any month
would be treated as non performance of the service obligation for the [previous month and subsequent
extension of warranty.
The bidder should locate his service personnel at strategic location so that any call reported is
attended with in the response time specified.
If the response to repair / fault takes in ordinate time, the same will be noted. At the scheduled end
of the warranty time the total of such delays will be highlighted and the contractor will have to extend the
warranty support by the default time.
The Department does not recognize the existence of Sub-contractors. The Contractor’s responsibilities are
15.0 Programme of Work
The Contractor shall at least seven (7) days before the commencement of execution of the contract, submit
to the Engineer a programme of work giving the estimated date that each part or branch of the work will be
commenced and completed. The Contractor will also submit detailed programme every fortnight or month as may be
decided by the Engineer at least 7 (seven) days in advance. These programmes shall be subject to approval and/or
modification by the Engineer.
16.0 Suspension of Work
The Engineer shall have power at any time and from time to time by notice to the Contractor, to delay or
suspend the progress of the work or any part of the work during unsuitable weather or for any other adequate
reasons and on receipt of such notice, the Contractor shall forthwith suspend further progress of the work until further
notice from the Engineer. The Contractor shall recommence work immediately after receiving a notice to do so from
Engineer. The whole or any part of the time lost for such delay or suspension shall, if the Department in its absolute
discretion thinks fit but not otherwise, be added to the time allowed for completion.
17.0 Department’s Right to Terminate Contract
If the Contractor should be insolvent or bankrupt, (or in case the Contractor is a company that goes into
voluntary or judicial liquidation) or he should make a general assignment for the benefit of his creditors or a receiver
should be appointed on account of his insolvency, or he should persistently or repeatedly refuse or should fail except
in cases for which extent of time is provided to supply enough properly skilled workmen or materials, in order to
maintain progress according to the programme of work, or he should fail to make prompt payment to Sub-contractors
if any, or for materials or labour, or he should positively discharge laws, ordinances or the instruction of the Engineer
or otherwise be guilty of substantial violation of any provision of the contract, after giving the Contractor seven days’
written notice, the Department shall have the right to terminate the employment of the Contractor.
18.0 Inspection and Rejection
The Contractor shall at all times provide proper facilities for access and inspection of the work by
representative(s) of the Department.
Work, which is defective in its construction or deficient in any of the requirement of these specifications, will
be considered as unacceptable whether or not such defect or deficiency may have been pointed out beforehand by
the Engineer or any other employee of the Department. The Contractor shall correct the imperfect work whenever
discovered before the final acceptance of the work. Should any portion of the work be done or any material be
delivered which fails to comply with the requirements of the specifications, the Contractor shall immediately rectify
and make the same satisfactory.
19.0 Alterations, Additions and Omissions
The Engineer shall be entitled to make any variation of the quality or quantity of the works or any part
thereof that may, in his opinion, be necessary and for that purpose, or if for any other reason it shall, in his opinion be
desirable, he shall have power to order the Contractor to do and the Contractor shall do any of the following:
1 Increase or decrease the quantity of any work included in the contract;
2 Omit any such work;
3 Change the character or quality or kind of any such work;
Execute additional work of any kind necessary for the completion of the works, and no such variation shall in
any way vitiate or invalidate the contract but the value, if any, or all such variations shall be taken into account in
ascertaining the amount of the Contract Price.
20.0 Remedy on contractor’s Failure to carry out work required
If the contractor shall fail to do any such work as aforesaid required by the engineer, the owner shall be
entitled to carry out such by his own workmen or by other contractors and if such work is executed which, in the
option of the engineer, the contractor was liable to do at his own expense under the contract, then all expenses
consequent thereon or incidental thereto shall be recoverable from the contractor by the owner, or may be deducted
from any monies due to the contractor.
21.0 If the stipulations in the various tender documents be found to be at variance in any respect, one will
override others in the order of precedence as given in the list below, i.e., any particular item (including addendum, if
any) in the list will take precedence over all those placed lower down thereto in the list.
1 Schedule of Work
3 General Conditions of Contract
4 West Bengal Form No. 2908 (ii)
5 Terms and conditions laid down by the contractor and approved by the Department.
22.0 Time of Completion
The work should be completed within 30 (thirty) Days from the date of issue of the work order.
23.0 Commencement and Completion of Work, Extension of Time and Liquidated Damages for Delay
The Contractor shall commence the work within a week from the date of issue of work order in writing to this
effect from the Department and shall proceed with the same with due expedition and complete the work within the
specified time from the date of issue of the said order or within such extended time as may be allowed under the
provision contained in these contract documents. Time shall be considered as the essence of the contract on the part
of this contract. The Contractor shall also submit monthly progress report against the programme of work submitted
by him earlier.
Completion of work shall mean supply, installation and commission of all Hardware items to the designated
offices of PHED as mentioned is Distribution Matrix attached with this document.
As soon as the work or any part thereof has, in the opinion of the contractor been completed and all
verification and tests have been done as specified in the tender document the contractor shall so notify the employer
If the employer notifies the contractor of any defects and/or deficiencies, the contractor shall then correct
such defects and/or deficiencies and shall repeat the procedure/ described above.
If the employer is satisfied that facilities or that part thereof have reached completion, the employer shall,
within seven(7) days after receipt of the contractor’s notice, issue a completion certificate stating that the facilities of
that part thereof have reached completion as of the date of the contractor’s notice.
If the employer is not satisfied, then it shall notify the contractor in writing of all defects and/ or deficiencies
within seven (7) days after receipt
As soon as possible after completion, the contractor shall complete all outstanding minor items so that the
facilities are fully in accordance with the requirements of the contract, failing which the employer will undertake such
completion and deduct the cost thereof from any money owing to the contractor.
25.0 Installation and Commissioning
Installation and commissioning of facilities or any part thereof shall be commenced by the contractor
immediately after issue of the completion certificate by the employer, or immediately after issue of the deemed
26.0 Security Deposit
Security Deposits @ 10% to be deducted from the bills, which shall be released after 3 (three) months of
satisfactory completion of work, on submission of Bank Guarantee drawn in favour of Executive Engineer (Resource
Division) PHE Dte. of same amount which should be valid till the warranty period of 3 (three) years.
28.0 Deduction of Sales Tax & Income Tax
Deduction of Sales Tax & Income Tax from each bill will be made as per Government Order prevailing at the
time of payment. Necessary tax deduction certificate will be issued on demand by the Department.
29.0 Rate of Work
The accepted rate as given in the schedule of work against each item is inclusive of VAT, Income Tax,
Professional Tax, Excise Duty, Octroi, Inspection, Transportation and/or any other incidental charges as applicable
for completion of the work in all respect.
30.0 Support Service
The contractor / vendor shall furnish his contact no. / call centre no. which shall have to be affixed /
embossed boldly on the body of the Hardware to be supplied in the event of my support service required
after installation. This shall be mandatory and shall be checked during supply of Hardware without which
the same shall not be accepted by PHED.
Moreover, the suppliers shall develop and maintain a computerized system for online monitoring of
complaints relating to delay in supplies and warranty support. The supplier should provide a link on their website for
logging of complaints by indenters / consignees. The suppliers shall attend to the complaint within 24 hours of its
logging and intimate / display the status of the same to the indenter / consignee i.e. PHED. They will also submit the
status report of complaints to DGS&D (in duplicate) on Quarterly basis duly giving a summary of the total complaints
received, complaints settled and complaints outstanding with reasons thereof for review of the same by DGS&D with
copy of the same endorsed to PHED. In case the Quarterly Reports are not submitted by the suppliers or the same
are not satisfactory, DGS&D reserves the right to take administrative action including short closure of the rate
contract. The tendering firm should furnish an undertaking in their tender that they shall developed and maintained
an online monitoring system for complaints including submission of monitoring system for complaints including
submission of Quarterly Reports as above.
Resources Division, PHE DTE
Govt. of West Bengal