Emblem

GOVERNMENT OF KERALA

STORES PURCHASE MANUAL

Revised Edition

2013

(Revised as per G.O (P) No.3/2013/SPD, dated 21.06.2013)

Issued by

The Authority of the Government of Kerala

Stores Purchase Department

Official Website: www.kerala.gov.in (Link: Reports & Manuals)


GOVERNMENT OF KERALA

STORES PURCHASE MANUAL

Revised Edition

2013

(Revised as per G.O (P) No.3/2013/SPD, dated 21.06.2013)

Issued by

The Authority of the Government of Kerala

Stores Purchase Department

Official Website: www.kerala.gov.in (Link: Reports & Manuals)

 ©

Government of Kerala

2013
 PREFACE TO THE REVISED STORES PURCHASE MANUAL

Stores Purchase Manual forms the basis for the procurement system of
Government Departments, Public Sector Undertakings, Local Self Government
Institutions, Universities and Autonomous Bodies. The Stores Purchase Manual
being followed in the State is a publication as amended upto 1989. However there
are orders and instructions issued thereafter. It has become necessary to revise the
Manual incorporating all amendments and orders issued so far and modifying the
same to take care of the latest technological and procedural advancements in making
purchase decisions. Accordingly, this Manual has been prepared taking into account
the need for making purchases efficiently, economically and following a transparent
procedure.

This Manual is meant for official use and is not intended for the use of non-
officials or private parties. Nothing contained in this Manual shall be construed as a
presentation meant for contractors or other members of the public having dealings
with the Purchasing Departments. The provision in this Manual, therefore, shall not
modify in any way the incidence of any existing or future contracts.

Any errors or omissions noticed may be brought to the notice of the Stores
Purchase Department for correction/inclusion as the case may be.

Dr. V.P. JOY

Principal Secretary to Government
Finance & Stores Purchase Department

Thiruvananthapuram
21-06-2013.
 CONTENTS

Page No.

CHAPTER 1 INTRODUCTION 1
Transparency, Competition, Fairness and 1
Elimination of Arbitrariness
Efficiency, Economy and Accountability 3
Guidelines for Public Procurement 4
Present Manual 4
E-Procurement 5
Definition of “Stores” 8
Standard Tender Enquiry Documents 8

CHAPTER 2 AUTHORITIES COMPETENT TO PURCHASE 9

STORES

CHAPTER 3 GENERAL PRINCIPLES OF ENTERING INTO 10

CONTRACTS
Introduction 10
Elementary Legal Practices 10
Competency of Parties 11
Consent of both Parties 12
Free Consent of both Parties 13
Consideration 13
Lawfulness of Object 13
Communication of an Offer or Proposal 14
Communication of Acceptance 14
Acceptance to be Identical with Proposal 14
Withdrawal of an Offer or Proposal 15
Withdrawal of Acceptance 15
Changes in terms of a Concluded Contract 15
Discharge of Contracts 16
Stamping of Contracts 16
Contract Effective Date 17

CHAPTER 4 SPECIFICATION AND ALLIED TECHNICAL 18

PARTICULARS OF STORES
Basic Guidelines 18
Essential Technical Particulars 19
Certification 20
 

CHAPTER 5 SOURCES OF SUPPLY AND REGISTRATION OF 21

 SUPPLIERS
Eligible and Qualified Supplier 21
Registration of Suppliers – Basic Guidelines 21
Registration of Firms 22
Authorities Competent to deal with the 24
applications for registration and grant of
Registration
Application for Registration 24
Registration Fee 25
Procedure for Registration 25
Printing of Lists of Approved Firms 26
Refusal of Registration 26
Communication of Deficiencies to Firms 27
Performance of Contracts 27
Renewal of Registration 28
Cancellation of Registration 29
Printing of Lists of Approved Firms 29
Blacklisting and Banning of Business with Firms 29
Grounds for Suspension of Business Dealings with 30
Firms
Grounds for Banning of Business Dealings 30

CHAPTER 6 FORECAST OF REQUIREMENTS, ASCERTAINMENT 32

OF SURPLUS STORES, PREPARATION OF INDENTS
AND ADMINISTRATIVE SANCTION
Forecast of Requirements 32
Ascertainment of Surplus Stores 33
Preparation of Indents 33
Administrative Sanction 33

CHAPTER 7 MODES OF PURCHASE, RECEIPT AND OPENING OF 35

TENDERS
General 35
Dividing Demand into Smaller Quantities 35
Purchase of Stores without Quotation 35
Purchase of Stores by Local Purchase Committee 35
Purchase of Stores by Obtaining Tenders/ 36
Quotations
Types of Tenders 37
Limited Tender 37
Advertised Tender (Open Tender) 38
Single Tender (Private Purchase) 40
Format for Tenders 41
Cost of Tender Documents 42
 Invitation of Tenders 43
Text of Tender Notice 49
Sale of Tender Documents 50
Pre-bid Conference 50
Sealing and Marking of Tenders 50
Modification of Tender Documents and Extension 51
of Tender Opening Date
Amendments/Modifications to Tenders by 52
Tenderers
Receipt and Custody of Tenders 52
Late Tender 53
Opening of Tenders 53
Responsibility of the Tender Opening Officials 54
Two Bid System 55

CHAPTER 8 EARNEST MONEY AND PERFORMANCE SECURITY 56

Earnest Money Deposit 56
Exemption from Payment of EMD 56
Payment of EMD 57
Validity of EMD 58
Forfeiture of EMD 58
Refund of EMD 58
Performance Security 59
Forfeiture of Performance Security 61
Verification of the Bank Guarantees 61
Safe Custody and Monitoring of EMDs, 61
Performance Securities & Other Instruments

CHAPTER 9 RECEIPT AND EVALUATION OF TENDERS, 63

FORMULATION OF PURCHASE PROPOSAL AND
PLACEMENT OF CONTRACT
Introduction 63
Receipt and Opening of Tenders 63
Preliminary Examination and Consideration of 65
Tenders
Non-conformities between the Figures and Words 68
of Quoted Prices
Discrepancies between Original and Additional 69
Copies of a Tender
Acceptance of Tenders 69
Price Preference 70
Purchase from Government Sources 73
Price Variation Clause 76
Conversion of Currencies 80
 Evaluation and Ranking 80
Reasonableness of Price 81
Dividing the Quantity 83
Award of Contract and Communication of 83
Acceptance
Tolerance Clause 85
Publication of Tender Result 85
Tenderer’s Right to Question Purchaser 86
Extension of Tender Validity Period 86
Agreement 86
Annual Maintenance Contract 87

CHAPTER 10 DELIVERY PERIOD, TERMS OF DELIVERY, 90

TRANSPORTATION, TRANSIT INSURANCE, DELAY
IN SUPPLY, CANCELLATION OF CONTRACT
Delivery Period 90
Terms of Delivery 90
Specification of Stores 90
Sample 91
Packing 92
Delivery 92
Extension of Delivery Period 92
Delay in Supplies for which Supplier is not 93
Responsible
Despatch of Stores after Expiry of Delivery Period 94
Linkage between Terms of Delivery and Date of 94
Delivery
Instructions for Transportation of Imported Stores 95
INCOTERMS 96
Air Consignment 97
Insurance 97
Insurance of Imported Stores 97
Insurance on Railways or Lorry Transport or Inland 98
Water Transport
Distribution of Despatch Document for Clearance/ 98
Receipt of Stores
For Domestic Stores 98
For Imported Stores 98
Instalment Delivery 99
Force Majeure 100
Remedies to Purchaser for Delay in Supply – Non- 100
Supply for which Supplier is Responsible
Liquidated Damages 101
Token Liquidated Damages 101
 Performance Notice 102
Correspondence with the Supplier after Breach of 102
Contract
Cancellation of Contract for Default 103
Termination of Contract for Insolvency 103
Termination of Contract for Convenience 103
Claims in Respect of Imported Stores lost or 104
Damaged

CHAPTER 11 QUALITY CONTROL AND INSPECTION OF 105

ORDERED STORES
Introduction 105
Stages and Modes of Inspection 105
Inspection Procedure 106
Inspection Document 106
Outside Testing Laboratories 107
Handling of Inspection Stamps /Inspection 107
Documents
Custody of Inspection Notes 108
Inspection of Stores tendered at the Fag End or on 108
the Last Date of the Contract Delivery Period
Acceptance of Stores against Suppliers In-house 109
Inspection Report and Warranty
Purchaser’s Right of Rejection 109
Acceptance of Stores Vis-à-vis Warranty Provisions 110
Joint Investigation against Complaints relating to 110
Quality of Stores

Measures to curb the menace of counterfeit and 110

refurbished IT products

CHAPTER 12 ELEMENTS OF PRICE AND TERMS OF PAYMENT 111

Introduction 111
Firm Price vis-à-vis Variable Price 111
Exchange Rate Variation (ERV) 112
Duties and Taxes on Domestic Stores 113
Levies of Local Bodies 114
Custom Duty on Imported Stores 114
Duties/Taxes on Raw Materials 115
Terms of Payment for Imported Stores 115
Payment of Air Freight Charges 116
Advance Payment to Supplier 116
Documents for Payment 117
Modes of Payment 117
 Payment for Stores Purchased in India 117
Payment to Foreign Suppliers 119
Payment by Letter of Credit 121
E – Payment 121
Deduction of Income Tax, Service Tax, etc. at 122
Source from Payments to Suppliers
Recovery of Public Money from Supplier’s Bill 122
Refund from Supplier 122
Payment against Time Barred Claims 122

CHAPTER 13 OTHER MODES OF PURCHASE 123

Rate or Running Contract 123
Bringing more and more Common User Items on 125
the Rate Contract
Conclusion of Rate Contracts for Automobiles, 125
Sophisticated Equipment, Machinery etc., on
the basis of discounts on Net Dealer Price
Period of Rate Contract 126
Criteria for Award of Rate Contract 126
Special Conditions Applicable for Rate Contract 127
Fall Clause 127
Performance Security for Rate Contract 128
Placement of Supply Orders for Rate Contract 128
Renewal of Rate Contracts 129
Negotiated Contracts 129
Supply of Articles in the High Ranges 130
Purchase of Furniture 130
Examination of Contracts by Accountant General 130

CHAPTER 14 CONTRACT MANAGEMENT 131

Introduction 131
Text of Contract 131
Performance Security 131
Acknowledgement of Contract 131
Coordination 131
Amendment to Contract 132
Payment to the Supplier 132
Monitoring of Securities and other Instruments 133
Closure of Purchase File 133

CHAPTER 15 SETTLEMENT OF DISPUTES 134

General 134
Mode of Settlement 134
Venue of Arbitration 134
 Applicable Law 135
Legal Advice 135
Panel of Arbitrators 135

CHAPTER 16 PURCHASE POWERS OF HEADS OF 136

DEPARTMENTS AND CONSTITUTION OF
DEPARTMENTAL PURCHASE COMMITTEES
Introduction 136
Purchase Powers 136
Departmental Purchase Committees 137
Functions of the Departmental Purchase 138
Committees

CHAPTER 17 STORES PURCHASE DEPARTMENT 142

Responsibilities of the Department 142

CHAPTER 18 MISCELLANEOUS 143

Buy Back Offer 143
Turnkey Contract 143
Disposal of Surplus Stores 144
Price Negotiation/Counter-Offer 144
Cartel Formation /Pool Rates 144
Training 145
Beyond the Manual 145
 LIST OF ANNEXURES

Page No.

Annexure 1 An illustrative List of Local Bodies, Autonomous Bodies and 146

Public Sector Undertakings
Annexure 2 Form of Tender 152
Annexure 3 Form of Application for Registration 164
Annexure 4 List of Stores Usually Ordered 167
Annexure 5 Form of Register of Approved Suppliers 182
Annexure 6 Form for Certificate of Registration 184
Annexure 7 Form of Certificate of Renewal of Registration 185
Annexure 8 Form of Annual Indent for Stores 186
Annexure 9 List of Heads of Departments 188
Annexure 10 Form of Quotation Notice 190
Annexure 11 Form of Short Quotation Notice 193
Annexure 12 Form of Short Tender Notice 194
Annexure 13 Procedure for Utilizing the Services of 195
the Indian Standards Institution
Annexure 14 Procedure for Utilizing the Services of 196
the Central Purchase Organisation
Annexure 15 Model Bank Guarantee Format for Furnishing EMD 197
Annexure 16 List of Government Owned Manufacturing Institutions 200
Annexure 17 Supplemental Agreement 201
Annexure 18 Form of Register of Tenders 202
Annexure 19 List of Items Reserved for Exclusive Purchase from the Micro, 203
Small & Medium Enterprises
Annexure 20 List of Stores on the Cost of which Variations are to be 212
Allowed
Annexure 21 Extract from The Companies Act, 1956 214
Annexure 22 Form of Supply Order 216
Annexure 23 Form of Agreement 219
Annexure 24 Notification on Rules for Shipping of Imported Stores Issued 223
by Ministry of Surface Transport dated 27.02.1996
Annexure 25 Notification on Rules for Shipping of Imported Stores Issued 226
by Ministry of Surface Transport dated 11.02.1998
Annexure 26 Model Amendment Letter for Extension of Delivery Period for 229
FOB/ FAS/CIF Contract
Annexure 27 Model Amendment Letter for Extension of Delivery Period for 231
Contract other than FOB/FAS/CIF Contract
Annexure 28 Model Format For Performance Notice 233
Annexure 29 Model Format for Correspondence with Supplier after Breach 234
of Contract
Annexure 30 Form of Security Bond for Advance Payment 235
Annexure 31 Extracts of Articles 14 and 50 of the Kerala Stamp Act, 1959 237
(Act 17 of 1959)
Annexure 32 Form of Agreement 238
 APPENDIX

Page No.
Appendix-1 No. 98/ORD/1 (Office Order No.44/9/03), dated 04.09.2003 243
Sub: Irregularities in the award of contracts

Appendix-2 No.98/ORD/1, dated 18th December, 2003 244

Sub: Improving Vigilance Administration: Increasing Transparency in
Procurement/ Sale etc.

Appendix-3 No.98/ORD/1( Office Order No. 20/4/04), dated 6th April, 2004 246
Sub: Improving Vigilance Administration: Increasing Transparency
and cutting delays by e-payments and e-receipt by Govt.
Organisations, etc.

Appendix-4 No.12-02-6-CTE-SPI(I)-2, dated 21st April 2004 (Office Order No. 248
25/04/04 Sub: Consideration Indian Agents

Appendix-5 No. 05-04-1-CTE-8, dated: 8.6.2004 249

Sub: Receipt and Opening of Tenders

Appendix-6 No. OFF-1-CTE-1(Pt) V (Office Order No. 15/3/0), dated 24.03.2005 250
Subject: Notice inviting tenders – regarding

Appendix-7 005/VGL/66 (Office Order No. 71/12/05), dated 9/12/2005 251

Subject: Undertaking by the Members of Tender Committee/Agency

Appendix-8 No.02-07-01-CTE-30, Circular No. 01/01/08, dated 31st Dec. 2007 252
Sub: Acceptance of Bank Guarantees

Appendix-9 No.007/CRD/008, Circular No. 07/02/08, dated 15th February 2008 254
Sub: Measures to curb the menace of counterfeit and refurbished IT
products – regarding

Appendix-10 No.008 /CRD/008, Circular No. 22/07/08, dated 24th July 2008 258
Sub: – Referring cases of Procurement to the Commission

Appendix-11 No.008/VGL/083, Circular No.31/11/08, dated 6th November 2008 259

Subject: Time bound processing of procurement

Appendix-12 No.005/VGL/4, CIRCULAR No. 17/7/09, dated 14th July, 2009 260
Subject: Posting of details on award of tenders/contracts on websites

Appendix-13 No.011/VGL/014, Circular No. 01/02/11, dated 11th February, 2011 261
Sub: Transparency in Tendering System
 CHAPTER 1
INTRODUCTION

1.1 Various Departments under the Government have to purchase different types of
Stores to discharge the duties and responsibilities assigned to them. It is therefore
imperative that uniform, systematic, efficient and cost effective procedures, in
accordance with the relevant rules and regulations of the Government, are available
to the Departments. The delegated powers for procurement of Stores have to be
exercised in conformity with the orders and guidelines issued by competent
authorities coverings financial, vigilance, security, safety, countertrade and other
regulatory aspects. This Manual is intended to serve as the basic norms and practices
governing public procurement.

Transparency, Competition, Fairness and Elimination of Arbitrariness

1.2 Public procurement activities should be conducted in a transparent manner ensuring

competition, fairness and elimination of arbitrariness in the system, so as to enable
the prospective tenderers to formulate competitive tenders with confidence. Some of
the important measures to achieve the same and, thus, secure best value for the
money spent are:

(i) The text of the tender document should be user-friendly, self-contained,

comprehensive, unambiguous, and relevant to the objective of the purchase.
The use of terminology used in common parlance in the industry should be
preferred.

(ii) The specifications of the required Stores should be framed giving sufficient
details in such a manner that it is neither too elaborately restrictive as to deter
potential tenderers or increase the cost of purchase nor too sketchy to leave
scope for sub-standard supply. The specifications must meet the essential
requirements of the user department. Efforts should also be made to use
standard specifications, which are widely known to the industry.
(iii) The tender document should clearly mention the eligibility criteria to be met by
the tenderers such as minimum level of experience, past performance, technical

1
 capability, manufacturing facilities, financial position, ownership or any legal
restriction, etc.

(iv) Restrictions on who is qualified to tender should conform to the Government

policies and be judiciously chosen so as not to stifle competition amongst
potential tenderers.

(v) The procedure for preparing and submitting the tenders; deadline for
submission of tenders; date, time & place of public opening of tenders;
requirement of earnest money and performance security; parameters for
determining eligibility of tenders; evaluating and ranking of tenders and
criteria for full or partial acceptance of tender and conclusion of contract should
be incorporated in the tender enquiry in clear terms.

(vi) Tenders should be evaluated in terms of the criteria already incorporated in the
tender document, based on which tenders have been received. Any new
condition, which was not incorporated in the tender document, should not be
brought into consideration while evaluating the tenders.

(vii) Sufficient time should be allowed to the tenderers to prepare and submit their
tenders.

(viii) Suitable provisions should be kept in the tender document allowing the
tenderers reasonable opportunity to question the tender conditions, tendering
process, and/or rejection of its tender and the settlement of disputes, if any,
emanating from the resultant contract.

(ix) It should be made clear in the tender document that tenderers are not permitted
to alter or modify their tenders after expiry of the deadline for receipt of tender
till the date of validity of tenders and if they do so, their earnest money will be
forfeited.

(x) Negotiations with the tenderers must be severely discouraged. However, in

exceptional circumstances, where price negotiations are considered
unavoidable, the same may be resorted to, but only with the lowest evaluated

2
 eligible tenderer, and that too with the approval of the competent authority,
after duly recording the reasons for such action.

(xi) The name of the successful tenderer to whom the supply contract is awarded
should be appropriately notified by the purchase department for the
information of general public, including display at notice board, periodical
bulletins, website, etc.

(xii) The Central Vigilance Commission (CVC) has issued various circulars/
guidelines/instructions in order to promote transparency, improve competition
and ensure equity among participants. It is instructed by the CVC that if any
organization faces difficulty in the application of any of the circulars/
guidelines/instructions issued by the Commission, then it may approach the
Commission bringing out the difficulties along with a proposed generic
solution listing out the ingredients of the special circumstances for examination
and review by the Commission. It is also instructed that references of a general
nature having elements of managerial decision making and concerning a
particular procurement should be avoided (refer Circular No. 22/07/08 of
CVC, dated 24th July 2008, in Appendix). In such cases in the State, the
concerned Department/Organisation may approach the Stores Purchase
Department for clarifications and advice, which may in turn approach the CVC,
if required.

Efficiency, Economy and Accountability

1.3 Public procurement procedures must conform to exemplary norms of best practices
to ensure efficiency, economy and accountability in the system. To achieve this
objective, the following key areas should be taken care of:

(i) To reduce delays, each Department should prescribe appropriate time frame
for each stage of procurement; delineate the responsibility of different officials
and agencies involved in the purchase process and delegate, wherever
necessary, appropriate purchase powers to the lower functionaries with due
approval of the competent authority.

3
 (ii) Each Department should ensure conclusion of contract within the original
validity of the tenders. Extension of tender validity must be discouraged and
resorted to only in absolutely unavoidable, exceptional circumstances with the
approval of the competent authority after duly recording the reasons for such
extension.

Guidelines for Public Procurement

1.4 At the apex of the legal framework governing public procurement is Article 299 of
the Constitution, which stipulates that contracts legally binding on the Government
have to be executed in writing by Officers specifically authorized to do so. Further,
the Indian Contract Act, 1872 and the Sale of Stores Act, 1930 are major legislations
governing contracts of sale/purchase of Stores in general. There is no law exclusively
governing public procurement of Stores. However, related rules and directives in
this regard available in the various statutes, Government orders regarding price or
purchase preference or other facilities to sellers in identified sectors/organizations
and the guidelines issued by the Central Vigilance Commission to increase
transparency and objectivity in public procurement shall be applicable.

Present Manual

1.5 To achieve what has been stated in the above paragraphs, it is essential that the
purchase officials be provided with all the required rules, regulations, instructions,
directives, and guidance on best practices in the form of a Manual. This Manual is
intended to serve this objective.

1.6 This manual contains the General rules applicable to all Departments regarding
purchase of stores required for use in the public service. In regard to particular
classes of articles, such as books and periodicals, stationery and printing stores,
clothing and liveries, etc., these will be supplemented by the instructions in the book
of financial powers to be issued by the Finance Department. In the case of Public
Works, Irrigation, Forest, Stationery, Police, Local Self Government Institutions and
other special Departments, these rules should be supplemented by the special rules
contained in the Codes and Manuals of the Departments concerned, e.g. P.W.D. code,
Forest Code, Stationery Manual, Police Manual, etc.

4
1.7 These rules and instructions also apply to the purchase of stores by Government
servants on behalf of local funds administrated by the Government, if such purchase
is authorized by Government. The rules and instructions in this Manual shall be
followed by heads of aided schools while utilizing Public Funds for the purchase of
articles for their schools. This will apply to purchase from Special Fees Fund also.
The Kerala Sahitya Academy, The Kerala Sangeetha Nataka Academy, The Kerala
Lalithakala Academy and The Kerala Kalamandalam shall observe the Rules and
Instructions in this Manual while making purchase of Stores.

1.8 These rules and instructions will also apply to purchase of all items of stores,
materials, machinery, equipments, vehicles, etc., by Autonomous Bodies, Aided
institutions and all institutions Under Government and Public Sector Undertakings.
An illustrative list of Autonomous Bodies and the Public Sector Undertakings under
Government is incorporated as Annexure 1 to the Manual.

E-Procurement

1.9 The Government had decided to implement the centrally financed e-Government
Procurement (e-GP) Mission Mode Project in the State and constituted various
committees for monitoring it (G.O.(Rt). No. 131/2008/ITD dated 26.06.2008) and
issued directions (G.O. (Ms). No. 17/2011/ITD dated 17.06.2011) to all State
Government departments to adopt the same, which is being implemented with the
GepNIC solution of NIC. The Government approved the decisions of the meetings
(19/07/2011 and 27/09/2011) of the State Level Empowered Committee (SLEC)
headed by the Chief Secretary in connection with implementation of e-Government
Procurement (e-GP) in the State. The decisions include:

(a) Committees: The Empowered Committee constituted vide G.O. (Rt) No.
131/2008/ITD dated 26/06/2008, shall function as the Core Committee for
implementation of Centrally financed e-procurement MMP (Orders vide
G.O.(Rt.). No. 176/2011/ITD dated 30.09.2011).

(b) Department readiness: The following activities needs to be mandatorily ensured

by each department prior to adoption of the e-procurement solution:

5
 (i) Nominate a Nodal Officer for coordinating the implementation of the project
within the respective department. The Nodal Officer should be able to give
the hierarchical and functional details of the department.
(ii) Prioritize & Identify Department users for training, in batches, in consultation
with Kerala State Information Technology Mission.
(iii) Prioritize & Identify Department users for issuance of Digital Signature
Certificates (DSC).
(iv) Identification of officials to be trained as “Master Trainers” who in turn shall
train other officials of the respective department.
(v) Strengthening of IT infrastructure viz., adequate PCs, constant internet
connectivity (preferably, a dedicated high-speed connection), etc., of all
departmental offices publishing tenders using e-Procurement system.

(c) Standard Bid Document (SBD): In order to follow a uniform procedure, a

Standard Bidding Document (SBD) to be prepared for all the Departments of the
State.

(d) Domain name registration: http://www.etenders.kerala.gov.in is approved as

the URL for the e-procurement site of Kerala.

(e) Digital Signature Certificate (DSC): The manual signature is proposed to be

replaced by the Digital Signature Certificate and such usage is valid and the
respective DSC user shall be responsible & accountable for any approvals given
using his/her DSC. Necessary orders shall be issued for usage of Digital
Signatures replacing the manual signatures in e-Procurement system.

(f) Project Management Unit (PMU): As per one of the requirements of NIC for
expediting & streamlining the implementation of the project, the Project
Management Unit, constituted vide G.O.(Ms) No. 31/2009/ITD dated
23/10/2009, shall be retained. The implementation of e-Government Procurement
MMP project across the State shall be managed by this PMU which shall be
established with funding from the State Government.

(g) Common e-mail-ID: etendershelp@kerala.gov.in is approved as the common e-

mail-id for addressing all queries/grievances pertaining to e-Procurement project.

6
1.10 e-Government procurement shall be followed in all Government Departments/
Boards/ Public Sector Undertakings for all tenders above ` 25 lakh (G.O.(MS)No.
18/2012/ITD dated 08.10.2012) by 31st March 2013.

1.11 Kerala State IT Mission (KSITM) shall be the implementing agency for e-Government
procurement project across the State. Kerala State IT Mission shall extend all possible
assistance towards:

(a) Training of Nodal Officer & users nominated by the department by a dedicated
Helpdesk cum Training centre
(b) Obtaining Digital Signature Certificates for users
(c) Preparation and publishing of the online tender
(d) Issue of Public notice/Intimation to bidders (adoption and training)
(e) Kerala Sate IT Mission shall have a dedicated Programme Management Unit
(PMU) team looking after this project and there shall be 1 Programme
Implementation Officer (e-Government procurement) who shall be the
application Administrator for this project.

1.12 Departments/Boards/Public Sector Undertakings can contact the Programme

Implementation Officer (e-Government procurement) KSITM
(etendershelp@kerala.gov.in) or the helpdesk nos. 0471-2577088/188) for adopting e-
Tendering System for their procurements and for clarification of all queries and
doubts.

1.13 All user departments/PSUs shall complete Vendor/Contractor registration in the

web portal etenders.kerala.gov.in with the assistance of NIC.

1.14 In order to ensure complete confidentiality and anonymity in tendering activities,

payment towards EMD and cost of tender form shall be collected online using the
payment gateway of State Bank of Travancore (SBT). The bidders will have the
freedom to use either online payment through SBT‟s Internet Banking or make
payment through the bank of their choice through RTGS/NEFT platform facilitated
by SBT. The amount collected towards tender document fees and EMD of tenders
shall be deposited into two pooled accounts of SBT (one for Government
Departments and the other for PSUs), opened for the purpose at SBT Treasury
Branch, Thiruvananthapuram. The Amount collected into this account by way of

7
 cost of tender forms shall be transferred to Treasury/PSUs on the very next day after
opening the bid. The amount received under EMD in respect of L1 bidder of
Government Departments shall also be transferred to Treasury/PSUs concerned in
very next day after opening the bid. The amount of EMD of all unsuccessful bidders
shall be refunded automatically to the bidder‟s account without delay. The SBT shall
make available payment scroll of transaction on this account to Finance (Secret)
Department on daily basis. National Informatics Centre (NIC) shall customize e-
procurement software to enable the provision for online payment in consultation
with SBT.

1.15 An e-tender Cell in Finance department shall closely monitor all e-tender activities of
Government departments/PSUs implemented through the website
etenders.keral.gov.in. A Under Secretary/Deputy Secretary level officer shall be
given additional charge of the Cell along with one Assistant Engineer/Assistant
Executive Engineer level officer each from Public Works Department and Water
Resources Department as domain experts and one representative from IT
department.

Definition of “Stores”

1.16 The term “Stores” means all articles and materials (other than cash and documents)
which come into the possession of a Government servant for use in the Public
Service. This will also include Annual Maintenance Services/Contract for
maintenance of machinery/equipment, computers, etc. This term does not, however,
include items, like dietary articles of the animals in zoos, sundry articles like fuel,
dietary products, etc.

Standard Tender Enquiry Documents

1.17 The Departments should use standard forms of tender enquiry documents and
contracts in line with the existing rules, regulations, directives, procedures, etc. The
standard formats are given as Annexure 2 to this Manual. Supervisory authorities
may prescribe the kind of alterations permitted in the standard formats and the cases
where deviations from the standard provisions can be made with appropriate legal
and financial advice.

8
 CHAPTER 2
AUTHORITIES COMPETENT TO PURCHASE STORES

2.1 Expenditure on stores is included under contingent expenditure (except where it is

treated otherwise, e.g., stores relating to works expenditure) and is, therefore, subject
generally to the rules contained in Chapter VI of the Kerala Financial Code, Volume
I, which govern such expenditure.

2.2 A Government servant who is competent to incur contingent expenditure may

purchase directly from firms in India, or through the agency of the Central Purchase
Organisation of the Government of India or direct from manufacturers abroad, such
stores as he requires for the use of his Department or his office subject to Stores
Purchase Rules and also subject to funds being available by budget appropriation.
Such purchases made in India are also subject to any money limits and other
conditions prescribed generally or with regard to specific articles or classes of
articles.

2.3 A demand for purchase should not be split into small quantities for the sole purpose
of avoiding the necessity of taking approval of the higher authority required for
sanctioning the purchase of the original demand.

9
 CHAPTER 3
GENERAL PRINCIPLES OF ENTERING INTO CONTRACTS

Introduction

3.1 The elements and principles of contract law and the meaning and import of various
legal terms used in connection with the contracts are available in the Indian Contract
Act, 1872 read with the Sale of Stores Act, 1930. Some of the salient principles
relating to contracts are set out briefly in this chapter.

Elementary Legal Practices

3.2 Contract: The proposal or offer when accepted is a promise, a promise and every set
of promises forming the consideration for each other is an agreement, and an
agreement if made with free consent of parties competent to contract, for a lawful
consideration and with a lawful object is a contract.

3.3 Proposal or Offer: When one person signifies to another his willingness to do or to
abstain from doing anything, with a view to obtaining the assent of the other to such
act or abstinence, he is said to make a proposal or offer. In a sale or purchase by
tender, the tender signed by the tenderer is the proposal. The invitation to tender and
instructions to tenderers do not constitute a proposal.

3.4 Acceptance of the Proposal: When the person to whom the proposal is made
signifies his assent thereto, the proposal is said to be accepted. A proposal when
accepted becomes a promise.

3.5 Conditions for an agreement to be a contract: An agreement is a contract

enforceable by law when the following are satisfied. A defect affecting any of these
renders a contract un-enforceable.

(i) Competency of the parties

(ii) Freedom of consent of both parties
(iii) Lawfulness of consideration
(iv) Lawfulness of object

10
 Competency of Parties

3.6 Under law any person who has attained majority and is of sound mind or not
debarred by law to which he is subject, may enter into contracts. It, therefore, follows
that minors and persons of unsound mind cannot enter into contracts nor can
insolvent person do so.

3.7 Categories of persons and bodies who are parties to the contract may be broadly sub-
divided under the following heads: -

(i) Individuals
(ii) Partnerships
(iii) Limited Companies
(iv) Corporations other than limited companies

(a) Contracts with Individuals: Individuals tender either in their own name or in
the name and style of their business. If the tender is signed by any person other
than the concerned individual, the authority of the person signing the tender on
behalf of another must be verified and a proper power of attorney authorizing
such person should be insisted on. In case, a tender is submitted in a business
name and if it is a concern of an individual, the constitution of the business and
the capacity of the individual must appear on the face of the contract and the
tender signed by the individual himself as proprietor or by his duly authorized
attorney.
(b) Contracts with Partnerships: A partnership is an association of two or more
individuals formed for the purpose of doing business jointly under a business
name. It is also called a firm. It should be noted that a partnership is not a legal
entity by itself, apart from the individuals constituting it. A partner is the
implied authority to bind the firm in a contract coming in the purview of the
usual business of the firm. The implied authority of a partner, however, does
not extend to enter into arbitration agreement on behalf of the firm. While
entering into a contract with partnership firm care should be taken to verify the
existence of consent of all the partners to the arbitration agreement.
(c) Contracts with Limited Companies: Companies are associations of individuals
registered under Companies Act in which the liability of the members

11
 comprising the association is limited to the extent of the shares held by them in
such companies. The company, after its incorporation or registration, is an
artificial legal person which has an existence quite distinct and separate from
the members of shareholders comprising the same. A company is not
empowered to enter into a contract for purposes not covered by its
memorandum of association; any such agreement in excess of power entered
into the company is void and cannot be enforced. Therefore, in cases of doubt,
the company must be asked to produce its memorandum for verification or the
position may be verified by an inspection of the memorandum from the office
of the Registrar of Companies before entering into a contract. Normally, any
one of the Directors of the company is empowered to present the company.
Where tenders are signed by persons other than Directors or authorized
Managing Agents, it may be necessary to examine if the person signing the
tender is authorized by the company to enter into contracts on its behalf.
(d) Corporation other than Limited Companies: Associations of individuals
incorporated under statutes such as Trade Union Act, Cooperative Societies Act
and Societies Registration Act are also artificial persons in the eye of law and
are entitled to enter into such contracts as are authorized by their
memorandum of association. If any contract has to be entered into with any one
or such corporations or associations, the capacity of such associations to enter
into contract should be verified and also the authority of the person coming
forward to represent the said Association.

Consent of both Parties

3.8 Two or more persons are said to consent when they agree upon the same thing in the
same sense. When two persons dealing with each other have their minds directed to
different objects or attach different meanings to the language which they use, there is
no agreement. The misunderstanding which is incompatible with agreement, may
occur in the following cases: -

(i) When the misunderstanding relates to the identity of the other party to the
agreement;
(ii) When it relates to the nature or terms of the transactions; (c) When it related to
the subject matter of the agreement.

12
 Free consent of both Parties

3.9 The consent is said to be free when it is not caused by coercion, undue influence,
fraud, misrepresentation or mistake. Consent is said to be so caused when it would
not have been given but for the existence of coercion, undue influence, fraud,
misrepresentation or mistake. When consent to an agreement is caused by coercion,
undue influence, fraud or misrepresentation, the agreement is a contract voidable at
the option of the party whose consent was caused. A party to a contract, whose
consent was caused by fraud or misrepresentation, may, if he thinks fit, insist that the
contract shall be performed, and that he shall be put in the position in which he
would have been if the representations made had been true.

3.10 In case consent to an agreement has been given under a mistake, the position is
slightly different. When both the parties to an agreement are under a mistake as to a
matter essential to the agreement, the agreement is not voidable but void. When the
mistake is unilateral on the part of one party only, the agreement is not void.

3.11 Distinction has also to be drawn between a mistake of fact and a mistake of law. A
contract is not void because it was caused by a mistake as to any law in force in India
but a mistake as to law not in force in India has the same effect as a mistake of fact.

Consideration

3.12 Consideration is something which is advantageous to the promisor or which is

onerous or disadvantageous to the promisee. Inadequacy of consideration is,
however, not a ground avoiding the contract. But an act, forbearance or promise
which is contemplation of law has no value is no consideration and likewise an act or
a promise which is illegal or impossible has no value.

Lawfulness of object

3.13 The consideration or object of an agreement is lawful, unless it is forbidden by law or

is of such a nature that if permitted, it would defeat the provisions of any law, or is
fraudulent or involves or implies injury to the fraudulent property of another or the

13
 court regards it as immoral or opposed to public policy. In each of these cases the
consideration or object of an agreement is said to be unlawful.

Communication of an Offer or Proposal

3.14 The communication of a proposal is complete when it comes to the knowledge of the
person to whom it is made. A time is generally provided in the tender forms for
submission of the tender. Purchaser is not bound to consider a tender, which is
received beyond that time.

Communication of Acceptance

3.15 A date is invariably fixed in tender forms upto which tenders are open for
acceptance. A proposal or offer stands revoked by the lapse of time prescribed in
such offer for its acceptance. If, therefore, in case it is not possible to decide a tender
within the period of validity of the offer as originally made, the consent of the
tenderer firm should be obtained to keep the offer open for further period or periods.

3.16 The communication of an acceptance is complete as against the proposer or offerer,

where it is put in the course of transmission to him, so as to be out of the power of
the acceptor, and it is complete as against the acceptor when it comes to the
knowledge of the proposer or offerer. The medium of communication in government
contracts is generally by post and the acceptance is, therefore, complete as soon as it
is posted. So that there might be no possibility of a dispute regarding the date of
communication of acceptance, it should be sent to the correct address by some
authentic foolproof mode like registered post acknowledgement due, etc.

Acceptance to be identical with Proposal

3.17 If the terms of the tender or the tender, as revised, and modified, are not accepted or
if the terms of the offer and the acceptance are not the same, the acceptance remains a
mere counter offer and there is no concluded contract. It should, therefore, be
ensured that the terms incorporated in the acceptance are not at variance with the
offer or the tender and that none of the terms of the tender are left out. In case,

14
 uncertain terms are used by the tenderers, clarifications should be obtained before
such tenders are considered for acceptance. If it is considered that a counter offer
should be made, such counter offer should be carefully drafted, as a contract is to
take effect on acceptance thereof. If the subject matter of the contract is impossible of
fulfillment or is in itself in violation of law such contract is void.

Withdrawal of an Offer or Proposal

3.18 A tenderer firm, who is the proposer, may withdraw its offer at any time before its
acceptance, even though the firm might have offered to keep the offer open for a
specified period. It is equally open to the tenderer to revise or modify his offer before
its acceptance. Such withdrawal, revision or modification must reach the accepting
authority before the date and time of opening of tender. No legal obligations arise out of
such withdrawal or revision or modification of the offer as a simple offer is without a
consideration. Where, however, a tenderer agrees to keep his offer open for a
specified period for a consideration, such offers cannot be withdrawn before the
expiry of the specified date. This would be so where earnest money is deposited by
the tenderer in consideration of his being supplied the subsidiary contract and
withdrawal of offer by the tenderer before the specified period would entitle the
purchaser to forfeit the earnest money.

Withdrawal of Acceptance

3.19 An acceptance can be withdrawn before such acceptance comes to the knowledge of
the tenderer. A telegraphic revocation of acceptance, which reaches the tenderer
before the letter of acceptance, will be a valid revocation.

Changes in terms of a concluded Contract

3.20 No variation in the terms of a concluded contract can be made without the consent of
the parties. While granting extensions or making any other variation, the consent of
the contractor must be taken. While extensions are to be granted on an application of
the contractor, the letter and spirit of the application should be kept in view in fixing
a time for delivery.

15
 Discharge of Contracts

3.21 A contract is discharged or the parties are normally freed from the obligation of a
contract by due performance of the terms of the contract. A contract may also be
discharged: -

(i) By mutual agreement: If neither party has performed the contract, no

consideration is required for the release. If a party has performed a part of the
contract and has undergone expenses in arranging to fulfill the contract it is
necessary for the parties to agree to a reasonable value of the work done as
consideration for the value.

(ii) By breach: In case a party to a contract breaks some stipulation in the contract
which goes to the root of transaction, or destroys the foundation of the contract
or prevents substantial performance of the contract, it discharges the innocent
party to proceed furtherwith the performance and entitles him to a right of
action for damages and to enforce the remedies for such breach as provided in
the contract itself. A breach of contract may, however, be waived.

(iii) By refusal of a party to perform: On a promisor‟s refusal to perform the

contract or repudiation thereof even before the arrival of the time for
performance, the promisee may at his option treat the repudiation as an
immediate breach putting an end to the contract for the future. In such a case
the promisee has a right of immediate action for damages.

(iv) In a contract where there are reciprocal promises: If one party to the contract
prevents the other party from performing the contract, the contract may be put
to an end at the instance of the party so prevented and the contract is thereby
discharged.

Stamping of Contracts

3.22 Under entry 5 of Schedule I of the Indian Stamp Act, an agreement or memorandum
of agreement for or relating to the sale of Stores or merchandise exclusively is

16
 exempt from payment of stamp duty. (A NOTE OR MEMORANDUM sent by a
Broker or Agent to his principal intimating the purchase or sale on account of such
principal is not so exempt from stamp duty.)

3.23 The Stamp Act provides that no Stamp Duty shall be chargeable in respect of any
instrument executed by or on behalf of or in favour of the Government in cases
where but for such exemption Government would be liable to pay the duty
chargeable in respect of such instrument. (Cases in which Government would be
liable are set out in Section 29 of the Act).

Contract Effective Date

3.24 The date of commencement of the obligations under the contract on the parties to a
contract is referred as the contract effective date. This date should be invariably
indicated in each contract, as per agreed terms and conditions. The
Ministries/Departments are advised to set the effective date to be a date after the
following:

(i) Date of signing of the contract.

(ii) Furnishing of performance bond in terms of performance security.
(iii) Receipt of Bank Guarantee for advance payment.
(iv) Obtaining Export License for supply of stores by seller and confirmation by the
buyer.
(v) Receipt of End User's Certificate. The supplier shall provide the End User's
Certificate within 30 days of the signing of the contract.

17
 CHAPTER 4
SPECIFICATION AND ALLIED TECHNICAL PARTICULARS OF STORES

Basic Guidelines

4.1 The important aspects to be kept in view while formulating the specifications and
other technical particulars of the Stores to be purchased are indicated in the
following paragraphs. The specifications of the Stores shall meet only the actual and
essential needs of the user because “over-specification” will unnecessarily increase
the cost and may stifle competition. Specifications should aim at procuring the latest
technology and avoid procurement of obsolete Stores. Specifications should have
emphasis on factors like efficiency, optimum fuel/power consumption, use of eco-
friendly materials, reduced noise and emission levels, low maintenance cost, etc.
Further, the specifications should not be too restrictive as the aim should be to attract
reasonable number of competitive tenderers. The specifications should also take care
of the mandatory and statutory regulations, if any, applicable for the Stores to be
purchased. Wherever Indian Standards exists for the required Stores, the same
should be adopted. Preference should be given to procure the Stores, which carry BIS
(Bureau of Indian Standards) mark. For any deviations from Indian Standards or for
any additional parameters for better performance, specific reasons for deviations /
modifications should be duly recorded with the approval of the competent authority.
Some Departments publish their own standards, which, apart from specifying the
technical parameters also specify special requirements of packing, marking,
inspection etc. The technical parameters in such cases may be marginally different
from the Indian Standards. In such cases, the general principle shall be to adopt
Indian Standards and the departmental specifications could cover only such
additional details as packing, marking, inspection etc. as are specially required to be
complied for a particular end use. In cases where Indian Standards do not exist or,
alternatively, decision has been taken to source the foreign markets also,
International Standards (like ISO etc.) may be adopted. Where no widely known
standards exist, the specifications shall be drawn in a generalized and broad based
manner to obtain competitive bids from different sources. Except in case of
proprietary purchase from a selected single source, the specifications must not
contain any brand name, make or catalogue number of a particular manufacturer

18
 and if the same is unavoidable due to some compelling reasons, it should be
followed by the words “or equivalent”.

4.2 All dimensions incorporated in the specifications shall be indicated in metric units. If
due to some unavoidable reasons, dimensions in FPS (Foot, Pound, Seconds) units
are to be mentioned, the corresponding equivalents in the metric system must also be
indicated.

4.3 The specifications and the technical details should be expressed with proper clarity
without any ambiguity or double meaning. Wherever necessary, the written
specifications should be supplemented with drawings for additional clarity. As far as
possible, items with standard specifications only should be stipulated in the bid
documents. In case items of non standard specifications are to be procured,
reasoning for procuring such items should be recorded and reasonability of rates
may be checked before placing order.

4.4 Deciding tender on the basis of tendered sample is too subjective. Therefore, unless
specifically decided due to some reasons duly recorded with the approval of
competent authority, tender sample clause shall not be incorporated in the
specifications. If necessary, suitable stipulations for submission of advance sample
(before starting bulk production) by the successful bidder may be incorporated in the
specifications.

Essential Technical Particulars

4.5 Technical particulars to be specified in the tender document shall include the
following to the extent applicable for a particular purchase:

(i) Scope of supply including quantity required and, also, end use of the required
Stores.
(ii) Specifications, technical parameters and product requirements, expressing the
requirement in terms of functional characteristics.
(iii) Drawings.
(iv) Requirement of BIS mark, where applicable.

19
 (v) Requirement of advance sample, if any, at post contract stage before bulk
production.
(vi) Special requirements of packing and marking, if any.
(vii) Inspection procedure for Stores ordered and criteria of conformity.
(viii) Requirements of special tests, if any.
(ix) Requirement of type test certificate, if any.
(x) Requirement of type approval for compliance of statutory requirements w.r.t.
pollution, emission, noise, etc.
(xi) Training, technical support, after sales service and annual maintenance contract
requirements, if any.
(xii) Warranty requirements.
(xiii) Qualification criteria of the tenderers.
(xiv) Any other aspects peculiar to the Stores in question like shelf life of the
equipment etc.

Certification

4.6 The official/authority formulating the specifications should ensure and also certify
that the specifications and the allied technical details are complete and correct to
meet the user‟s requirements fully.

20
 CHAPTER 5
SOURCES OF SUPPLY AND REGISTRATION OF SUPPLIERS

Eligible and Qualified Supplier

5.1 Contract for supply of Stores is to be placed on a supplier who is eligible to receive
the contract, and, also capable, i.e. qualified in all respects to „deliver the Stores‟. The
supplier is required to fulfil and follow all applicable rules, regulations and
conditions to transact business with the Government and it should be technically
capable and financially sound to deliver the required Stores. There are thus two basic
criteria to be fulfilled by the supplier to receive a government contract – Eligibility
Criteria and Qualification Criteria. The suppliers/firms with whom government
transactions have been banned/black listed/suspended due to any reason will not be
eligible to receive government contract.

5.2 Further, if the purchasing department engages a consultant to prepare a project

report, that consultant will not be eligible to quote against the tender enquiry
subsequently floated by that Department for purchase of Stores for that project.

Registration of Suppliers – Basic Guidelines

5.3 With a view to establish reliable sources for procurement of Stores commonly
required for government use, the Stores Purchase Department will prepare and
maintain item-wise Register of eligible and qualified (i.e., capable) suppliers. Such
approved suppliers will be known as “Registered Suppliers”. All Departments may
utilise the services of the Registered Suppliers as and when necessary. Such
registered suppliers are prima facie eligible for consideration for procurement of
Stores through Limited Tender Enquiry. They are also ordinarily exempted from
furnishing earnest money deposit/bid security with their tenders. Credentials,
manufacturing capability, quality control systems, past performance (for the Stores
in question), facility for after-sales service, financial background, etc., of the
supplier(s) should be carefully verified before registration.

5.4 Any firm, situated in India or abroad, who are in the business of manufacturing,
stocking or marketing of Stores and operating operator of services of specified
categories, shall be eligible for registration. Where registration is granted based on

21
 partly outsourced arrangements/agreements, it shall be the responsibility of the
registered unit, to keep such arrangements/agreements renewed/alive at all times,
to keep their registration valid for the period for which, it has been granted. Any
failure in this regard may make the registration null and void/ineffective
retrospectively, from any such dates, which the registering authority considers
appropriate. Firm, against whom any punitive action has been taken, shall not be
eligible for re-registration for a period of three years or as prescribed. Registration
requests may not be entertained from such firms, stake holders of whom have any
interest in deregistered/banned firms.

5.5 The supplier(s) will be registered for a fixed period of two years. At the end of this
period, the registered supplier(s), who are willing to continue with registration, are
to apply afresh for renewal of registration. New supplier(s) may also be considered
for registration at any point of time, provided they fulfill all the required conditions.
Performance and conduct of every registered supplier is to be observed by the
concerned Department. The registered supplier(s) are liable to be removed from the
list of approved suppliers if they fail to abide by the terms and conditions of the
registration.

Registration of Firms

5.6 The Stores Purchase Department will maintain a Register of approved suppliers
giving the names of firms who are registered with the Department as approved
suppliers of stores.

(i) Classes of firms to be registered: Firms are classified into three groups
according to the nature of their business. The groups are Manufacturers
(including service providers), Stockists and Commission Agents. Only
Manufacturers and Stockists are eligible for registration, by the Stores Purchase
Department.
(a) In excluding Commission Agents, care should be taken not to exclude
agents of manufacturers who may not necessarily be stockists.

(b) The refusal to register commission agents does not amount to a denial of
their right to submit tenders. They will remain free to participate in any
tender.

22
(ii) Manufacturers are divided into Micro, Small & Medium Enterprises. A
certificate issued by the Director of Industries and Commerce or other
appropriate authority will be accepted for purpose of this classification.
Industrial co-operatives will also be included in the above classification, if they
are certified as such by appropriate authority.

NOTE 1: Definition of Manufacturer, Stockist, Commission Agent.

i. Manufacturer: A firm that makes or process goods, especially in large
quantities and by means of industrial machines/industrial operation.
ii. Stockist: One who undertakes to maintain stocks of a specified product at or
above a certain minimum in return for favourable buying terms granted by
the manufacturer of the product.
iii. Commission agent: Any person who acts on behalf of another person and
causes sale or purchase of goods, or provision or receipt of services, for a
consideration, and includes any person who, while acting on behalf of
another person:
 deals with goods/services/documents of title to such goods/services; or
 collects payment of sale price of such goods/services; or
 guarantees for collection or payment for such goods/services; or
 undertakes any activities relating to such sale or purchase of such goods/
services.

NOTE 2: The classification of enterprises into Micro, Small & Medium Enterprises
shall be as per Micro, Small & Medium Enterprises Development Act 2006. The
classification based on investment excluding land and building as per the Act is as
follows:

Manufacturing Enterprises:
Micro Enterprises – Investment upto ` 25 lakh
Small Enterprises – Investment above ` 25 lakh & upto ` 5 crores
Medium Enterprises – Investment above ` 5 crores and upto ` 10 crores
Service Enterprises:
Micro Enterprises – Investment upto ` 10 lakh
Small Enterprises – Investment above ` 10 lakh & upto ` 2 crores
Medium Enterprises – Investment above ` 2 crores and upto ` 5 crores

23
 NOTE 3: Procedures for registration of firms under the e-procurement system shall
be notified separately.

Authorities competent to deal with the applications for registration and grant
registration

5.7 The Department shall notify the authorities competent to deal with the applications
and grant registrations. The Appellate Authority shall be at least one level above the
Registering authority or as designated by the Department. The Stores Purchase
Department shall issue “guidelines” containing all relevant details to enable the
interested firms to apply for registration.

5.8 The application form, complete in all respects and accompanied with the requisite
processing fee and prescribed documents shall be submitted by the firms to the
registering authority. Registration shall be granted to the firms, who fulfill all the
specified requirements. Registration Certificates shall be issued to the firms with the
approval of competent authority.

Application for Registration

5.9 Every firm which wants to register its name should apply for registration in the form
prescribed in Annexure 3. The application fee will be ` 500/- (Rupees five hundred
only) plus taxes as applicable. The fee can be paid by DD or in cash, directly or
through money order. Alternatively, the format may also either be typed or
downloaded from the web site of Stores Purchase Department. In such cases also the
application fee with taxes will be payable.

5.10 Every applicant is required to produce the following documents along with his
application:-

(i) Latest annual returns filed before Income Tax Authorities.

(ii) Latest VAT clearance certificate.
(iii)Registration Certificate (if registered under Companies Act or Partnership Act).
(iv) Memorandum and Articles of Association.
(v) Copies of supply orders placed by the Government of Kerala or other
Government/Local Bodies/Central and State PSUs (minimum 5 numbers of
supply orders).
(vi) Complete list of stores in which registration is sought.

24
 NOTE 1: Public Undertaking fully owned by Government of Kerala or in which the
Government have more than 50 per cent of shares are exempted from producing the
documents mentioned as (i) to (v) above.
NOTE 2: If only copies of the documents mentioned as (i) to (v) above are produced
they should be attested either by a Gazetted Officer or by a Notary Public.

Registration Fee

5.11 Stores usually purchased for Government Departments are classified into nine
groups (Annexure 4). Registration is effected in groups of stores. Every applicant has
to pay a prescribed fee of ` 5000/- for each group along with the application.
However, in the case of Micro, Small & Medium Enterprises, the fee payable is only
`2500/- for each group. No refund of Registration fee will be made if a firm is
denied Registration on valid grounds.

Procedure for Registration

5.12 Every application for Registration is to be considered on merits. Each applicant is

required to furnish all the information required in the form and all the documents
required. If the application received is in order and if the prescribed fee has been
received, confidential enquiries about the financial status, business capacity, relation
with foreign firm, etc., will be made through Bank, Police, Revenue Authorities and
through other State Governments or Local Bodies. If the results of the various
enquiries prove satisfactory, the applicant‟s name may be registered. In the case of
firms who are registered with the Directorate General of Supplies & Disposals, New
Delhi, and are borne on the current list of the Director General, enquiries through
Bank, etc., can be dropped. A reference to the Director General to ascertain whether
the applicant is borne on their current list will be sufficient. No performance security
is fixed for Registration of firms. Normally, the formalities and procedure for
registration should be completed within three months.

NOTE: In the case of Public Undertakings fully owned by Government of Kerala or

in which the Government have more than 50 per cent of shares, confidential
enquiries regarding financial status, business capacity, etc., are not necessary.

25
5.13 A register of approved suppliers (Annexure 5) should be maintained by the Stores
Purchase Department for entering the details of registration. When the registration is
decided on, the necessary entries should be made in the Register. Simultaneously, a
Registration Certificate in the prescribed form (Annexure 6) should be issued to the
applicant.

5.14 A Registration number will also be assigned to each firm. This number will indicate
at once the category of the firm (i.e., the manufacturer or stockists and class
according to financial status) in which it is included, e.g. - No. 123/12/M/MSME/
III, where 123 is the serial number, 12 the year 2012; M, the manufacturer; MSME,
Micro, Small & Medium Enterprises and III, the class of the firm.

5.15 For the purpose of classification according to Financial Status, firms are divided into
four classes as follows:-

(i) Firms who can take up contracts above ` 50 lakh.

(ii) Those who can take up contracts worth above ` 25 lakh but below ` 50 lakh.
(iii) Those who can take up contracts worth above ` 10 lakh but below ` 25 lakh.
(iv) Those who can take up contracts below ` 10 lakh only.

Printing of Lists of Approved Firms

5.16 List of firms registered during each quarter should be prepared with sufficient
details, got printed and circulated to all Heads of Departments by the Stores
Purchase Department. In addition, the name of each firm as soon as it is registered
should be communicated to the Departments concerned. The updated list of
registered firms should be put in the website of Stores Purchase Department.

Refusal of Registration

5.17 Registration should be refused to the following categories of firms:

(i) Firms who have been blacklisted by the Central Government or any State
Government.
(ii) Registration may be deferred in the case of newly formed companies who have
not commenced any business in supplying stores.
(iii) Firms who do not furnish the required documents or other information.
(iv) Those without any financial status or permanent address.
(v) Commission agents other than sole distributors or territorial agents.

26
 Communication of Deficiencies to Firms

5.18 Firms whose registration is refused should be informed of the fact, by registered post
with acknowledgement due, stating briefly the reasons thereof. Such firms can apply
for re-verification and review along with a fee of ` 1000/-, within three months from
the date of receipt of communication. Requests for re-verification after expiry of the
said period would be treated as fresh application and should be accompanied by the
prescribed fee of ` 5000, for each group.

Performance of Contracts

5.19 Once a firm is registered, it is necessary to verify its competence to remain on the
Register with reference to its performance in the fields of tenders and contracts. This
can be done only by watching the tender invitations and purchases made by all the
Departments. To enable the Stores Purchase Department to do this, the following
procedure should be adopted:

(i) Registered firms should be asked to quote without fail their registration
numbers in all their tenders and quotations to the several Departments of the
State.
(ii) All Purchasing Departments should furnish to the Stores Purchase Department
the following items of information:-
(a) List of registered firms who have been specifically invited to quote in each
instance.
(b) List of registered firms who have submitted tenders against enquiries.
(c) List of registered firms who have won contracts and who did not.
(d) Those who have performed contracts satisfactorily and those who failed.
(iii) The above information should be submitted at the appropriate time in each
case to the Stores Purchase Department.
(iv) The registered firms themselves should be asked to submit, at the end of one
year, details of their attempts and success.

5.20 The reports from the Departments and the firms should be compared to assess the
fitness of the latter to remain on the Register, at the end of the expiry of the

27
 registration period. Those who prove fit should be allowed to renew registrations
and the others refused renewal.

Renewal of Registration

5.21 All registered firms should renew their registration on expiry of the period of current
registration. The fee for renewal is fixed at ` 2500/- for each group.
(i) Payment of renewal fee should be made within one month from the date of
expiry of the previous registration or renewal. The fee will be accepted for a
period of two years with a penalty of ` 150/- per month. Thereafter the firm
will forfeit its claim for renewal of registration and will have to apply for
registration afresh as detailed in paragraphs 5.5 to 5.10 of the Stores Purchase
Manual.
(ii) Application for renewal should be made in simple letter form, should be
preceded by payment of prescribed fee and accompanied by the following
documents duly attested by a Gazetted Officer or Notary Public.
(a) Latest copies of annual returns filed before Income Tax authorities.
(b) Latest VAT Clearance Certificate.
(c) List of contracts won and executed during the current registration period
(within and outside the State).
(d) List of contracts/supply orders at least three or four orders/contracts won
and executed during the current registration period (within and outside the
State).
(e) Changes in ownership, constitution etc., if any.
(f) Attested copy of the Latest registration/renewal certificate.

(iii) Firms who prove to be good at work or worthy of retention in the Register
should be given Renewal Certificates in the prescribed form (Annexure 7).
(iv) If the formal application for renewal with the prescribed fee is received in the
Stores Purchase Department by the appointed date, it should be deemed that
the firm has applied in time.
(v) No refund of renewal fee will be made if firm is denied renewal of registration
on valid grounds.

28
 Cancellation of Registration

5.22 In case of violation of terms and condition of the registration, the registration of the
firm will be cancelled by giving prior notice. A registered firm is liable to be removed
from the list of approved contractors, when,
(i) fails to renew registration within the prescribed time
(ii) fails to abide by the terms and conditions under which the registration has been
given.
(iii) fails to secure a contract consecutively for three years
(iv) makes any false declaration to Government
(v) supplies Stores of inferior quality or uninspected Stores
(vi) renders services (including after sales services and maintenance services) of
inferior quality than the contracted ones
(vii) fails to execute a contract or fails to execute it satisfactorily
(viii) the required technical/operational staff or equipment are no longer available
with the firm or there is change in its production/service line affecting its
performance adversely
(ix) is declared bankrupt or insolvent
(x) fails to submit the required documents/information for review of registration,
where required
(xi) adopts unethical business practices, not acceptable to the government, and
(xii) any other ground which, in the opinion of the registering authority, is not in
public interest

5.23 Firms whose names have been removed from the Register for any of the above
reasons will be allowed to re-register after two years, if an assurance is forthcoming
that the failure will not be repeated.

Printing of Lists of Approved Firms

5.24 List of firms registered during each half year should be prepared with sufficient
details, got printed and circulated to all Heads of Departments by the Stores
Purchase Department. In addition to the above the name of each firm as soon as it is
registered shall be hosted in the website of Stores Purchase Department.

Blacklisting and Banning of Business with Firms

5.25 Business dealings with a firm, whether it is registered or not registered, may be
ordered to be suspended or banned, in public interest by the competent authority. In
accordance with the provisions in the Standardised Code of Blacklisting prescribed

29
 by the Government of India which is adopted on a reciprocal basis by the State
Government, Government can impose on a firm penalties such as Blacklisting,
Banning and Suspension of Business, and Removal from the list of approved
suppliers according to the magnitude of the irregular performance of their contacts.
Such orders will be issued from the Stores Purchase Department on the
recommendations of the Purchasing Officers. The Purchasing Officers should bring
to the notice of the Stores Purchase Department, cases of default, supply of defective
materials, irregular supply and all cases of breach of the terms of contract. A
detailed report explaining the nature and extent of default of breach should be sent
in each such case. A show cause notice shall be served to the firm before final orders
are issued. The list of firms blacklisted/banned shall be displayed in the website of
Stores Purchase Department

Grounds for Suspension of Business Dealings with Firms

5.26 Suspension of business dealings may be ordered where pending full enquiry into the
allegation, it is considered not desirable that business with the firm should continue.
Such an order may be passed: -
(i) If the firm is suspected to be of doubtful loyalty to India.
(ii) If the Central Bureau of Investigation or any other investigating agency
recommends such a course in respect of a case under investigation and
(iii) If a prima- facie case is made out that the firm is guilty of an offence involving
moral turpitude in relation to business dealings which, if established, would
result in business dealings with it being banned.

Grounds for Banning of Business Dealings

5.27 The grounds on which banning may be ordered are: -

(i) If security considerations including question of loyalty to the State so warrant.

(ii) If the proprietor of the firm, its employee, partner or representative is convicted
by a court of law following prosecution for offences involving moral turpitude
in relation to the business dealings.
(iii) If there is strong justification for believing that the proprietor or employee or
representative of the firm has been guilty of malpractice such as bribery,
corruption, fraud, substitution of tenders, interpolation, mis-representation,
evasion or habitual default in payment of any tax levied by law; etc.

30
(iv) If the firm continuously refuses to return government dues without showing
adequate cause and the Government are satisfied that this is not due to
reasonable dispute which would attract proceeding in arbitration or court of
law, and
(v) If the firm employs a government servant, who has been dismissed or removed
on account of corruption or employs a non-official convicted for an offence
involving corruption or abetment of such an offence, in a position where he
could corrupt government servant.

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 CHAPTER 6
FORECAST OF REQUIREMENTS, ASCERTAINMENT OF SURPLUS STORES,
PREPARATION OF INDENTS AND ADMINISTRATIVE SANCTION

Forecast of Requirements

6.1 A Government servant who has to purchase stores for the Public Service should
estimate his requirements for the year so far as they can be foreseen. At the end of
the each financial year, he should prepare a list of articles required during the next
financial year. The list may be prepared on the basis of the consumption during the
previous 3 to 5 years and with reference to factors if any, which justify an increase or
decrease compared with the average. The lists should also be based on the probable
budget estimate for the next year and should be prepared duly allowing for the
carrying over of stock for at least one quarter of the succeeding year. As far as
possible, a purchasing officer should lay in sufficient stock during the cheapest
season. When necessary, he should get advice about the best time for making
purchases and assistance in obtaining tenders from Government servants of other
Departments who are in close touch with the market for the articles required and
know the usual course of their price. For example, it is usually advantageous to buy
food grains required for rations just after the harvest and the Civil Supplies
Department is likely to be able to give useful advice and assistance in regard to such
purchases. Articles which are likely to depreciate or deteriorate during storage
should not, however, be bought long in advance of requirements. It should also be
remembered that the purchase of any article in advance of requirements involves the
locking up of Government money and is, therefore not desirable unless it is
reasonably likely to prove advantageous in regard to price.

6.2 The following formula may be applied for calculating the future requirements of
each item of articles in the Stationery Department.
F = S+I (S  E)
Where F = Forecast for the next year,
S = Sanctioned quantum for last year
I = Imponderable factor, and
E = Estimate (or Forecast) of the last year
The imponderable factor will always remain as 0.1.

32
 Ascertainment of Surplus Stores

6.3 Before orders are placed, the surplus stock of articles, if any, available with other
Departments of the Government should first be utilized, irrespective of the cost at
which it is available. The following instructions should be observed in regard to the
utilization of the surplus stores in the Departments of the Government:

(i) Each Head of Department should circulate from time to time lists of all usable
stores found surplus to the requirements of his Department to other Heads of
Departments as soon as the surpluses are noticed.
(ii) Every head of Department should see from the list received by him under
instruction (i) above whether he can utilize the stores available with the other
Departments before he places, or allows his subordinates to place orders for the
purchase of such stores in the open market, or submits proposal to the
Government for such purchases. Even in cases where no list has been received
by him covering the particular articles required by him, he should make
enquiries of the Heads of Departments with whom such stores may be
available ordinarily.
(iii) When proposals are submitted to Government or any authority authorized by
Government for according sanction to the purchase of any stores it should
invariably be stated whether action was taken with reference to instruction (ii)
above and if so, with what result.

Preparation of Indents

6.4 After the list of articles required for the year is got ready, an annual indent of stores
in Form No. 13 of Kerala Financial Code (KFC), Volume II (Annexure 8) should be
prepared in accordance with the instructions contained in article 139 of the KFC,
Volume I. The indent should show the approximate cost of articles to be purchased
including incidental expenses and should be got sanctioned by competent authority.

Administrative Sanction

6.5 It is the duty of each purchasing officer to satisfy himself that funds are available for
meeting the expenditure in respect of purchase of stores and that there is valid
administrative sanction for effecting the purchase.

33
6.6 Heads of Departments and other Officers empowered on this behalf are competent to
accord administrative sanction for all purchases up to the limit of financial powers
vested on them. For purchases involving higher amounts, the sanction of
Government is necessary.

6.7 Heads of Departments (Annexure 9) are themselves competent to accord

administrative sanction for recurring supplies required for the normal running of
their Departments for which funds are provided in the Budget. Heads of
Departments are empowered to accord administrative sanction for purchase of other
items subject to the limits mentioned in the paras 16.3 to 16.8 in Chapter 16 and
provisions in the budget. The Head of Department may get approval of the
Government for the purchase of special/luxury articles, identified as necessary for
the normal running of the Department.

6.8 Administrative sanction for a project in which the component items and their cost are
listed out in detail will be taken as equivalent to administrative sanction for the
purchase of components.

6.9 While issuing or recording administrative sanctions, mention should not be made of
makes, specifications, rate contracts and such other details relating to the stores, the
purchase of which is administratively sanctioned.

34
 CHAPTER 7
MODES OF PURCHASE, RECEIPT AND OPENING OF TENDERS

General

7.1 Depending on the nature of the required Stores, the quantity & value involved and
the period of supply, the competent authority is to decide the appropriate mode of
purchase. The various modes of purchase to be adopted for this purpose are
indicated in the subsequent paragraphs.

Dividing Demand into Smaller Quantities

7.2 Demand for Stores should not be divided into smaller quantities for making piece
meal purchases for the sole purpose of avoiding the necessity of obtaining the
sanction of higher authority required with reference to the estimated value of the
total demand.

Purchase of Stores without Quotation

7.3 Purchase of Stores upto a value of ` 15,000/- (Rupees Fifteen Thousand only) on each
occasion may be made without inviting quotations/bids by the competent authority
on the basis of a certificate to be recorded by him in the following format:

"I, ________ am personally satisfied that these Stores purchased are of the requisite
quality and specification and have been purchased from a reliable supplier at a
reasonable price."

Purchase of Stores by Local Purchase Committee

7.4 Purchase of Stores costing above ` 15,000/- (Rupees Fifteen Thousand only) and
upto `1,00,000/- (Rupees One lakh only) on each occasion may be made on the
recommendations of a duly constituted Local Purchase Committee consisting of
three members of an appropriate level as decided by the Head of the Department
shall be made after inviting quotations. The committee will survey the market to

35
 ascertain the reasonableness of rate, quality and specifications and identify the
appropriate supplier. Before recommending placement of the purchase order the
members of the committee will jointly record a certificate as under:

"Certified that we ________________, members of the purchase committee are jointly

and individually satisfied that the Stores recommended for purchase are of the
requisite specification and quality, priced at the prevailing market rate and the
supplier recommended is reliable and competent to supply the Stores in question."

Purchase of Stores by obtaining Tenders/Quotations

7.5 Except for the purchase of Stores through the methods given in the preceding
paragraphs, a Purchasing Officer should obtain stores by inviting tenders/
quotations in all cases except the following:
(i) The purchase of books and periodical in all departments involving less than
`15,000/- at a time, subject to conditions in items (ix) below
(ii) Petty purchases of less than ` 15,000/- at a time
(iii) Purchase from Government sources subject to the provisions contained in
paragraphs 9.21 to 9.25.
(iv) Special purchases in which any other procedure is approved by Government.
(v) Controlled items of Stores from controlled stocks.
(vi) Purchase of articles covered by rate or running contracts settled by Director
General of Supplies and Disposals, New Delhi or the Stores Purchase
Department, Government of Kerala, by operating such contracts. It should be
indicated while issuing Administrative Sanction.
(vii) During the instant of natural calamity or any other emergency as declared by
Government.
(viii) Purchase of proprietary items where no alternative or substitute exists, on the
recommendations of a technical expert from a Government organisation in such
line and the approval of Government.
(ix) All the rules relating to the purchase of stores need not strictly be applied to the
purchase of books and periodicals. In the case of purchase of books and
periodicals above ` 15,000/- at a time, the Purchasing Officer shall, however,
invite simple quotations from leading publishers and book sellers and place
orders on the basis of competitive quotations so that maximum discount may

36
 be obtained. In cases of such purchases, where advance payment is insisted on,
the purchasing officer shall obtain beforehand a written undertaking from the
selected firm/contractor to the effect that they shall supply the books and
periodicals ordered in time and in satisfactory condition, with a view to
securing the interest of Government against any loss.

7.6 Quotations may be invited if the estimated value of the stores is between ` 15,000/-
to less than ` 1,00,000. Copies of Quotation Notice regarding the general conditions
of the supply, specification of article etc., should be supplied to all firms to whom
enquiries were/are sent. A specimen form of Quotation Notice is given in Annexure
10. It is not obligatory to publish quotation Notices in the Gazette. Short Quotation
Notice as in Annexure 11 may, however, be published in the newspapers and
Government Website.

Types of Tenders

7.7 Tenders should be invited, if the estimated value of the stores to be purchased is
`1,00,000/- or above, through any one of the three types of the Tender mentioned
below, as the case may be.

(i) Limited Tender

(ii) Advertised Tender (Open Tender)
(iii) Single Tender (Private Purchase)

Limited Tender

7.8 The limited tender system may be adopted whenever the estimated value of the
order to be given is between `1,00,000/- lakh to less than `10,00,000/-.

7.9 The limited tender system may also be adopted instead of the open tender system
even when the estimated value of the stores to be purchased is above `10,00,000/- in
the following cases:-

(i) When there are sufficient reasons for holding that it is not in the public interest
to call for tenders by advertisement. In every such case the purchasing officer

37
 must record the reasons and communicate them to the Accountant General,
confidentially, if necessary.
(ii) When the Purchasing Officer is satisfied that there is serious risk or
inconvenience or loss to the public service by arranging the purchase by the
Open Tender system or when the articles are urgently required. In every such
case the Purchasing Officer must place on record the nature of the urgency and
the reasons why a deviation from the general rule has been rendered necessary.

7.10 Copies of the bidding document should be sent, free of cost, directly by speed
post/registered post/courier/e-mail, simultaneously to all the firms, which are
borne on the list of registered suppliers for the Stores in question. The number of
supplier firms in Limited Tender should be more than three. Efforts should be made
to identify a higher number of approved suppliers to obtain more eligible bids on
competitive basis. Website publicity should also be given for Limited Tenders;
however, the Department can limit the access of the tender documents to only the
selected prospective suppliers by issuing them password to have access to the
document.

Advertised Tender (Open Tender)

7.11 The open tender system, i.e., invitation to tender by public advertisement, should be
used as a general rule and must be adopted, subject to the exceptions mentioned in
paragraphs below, whenever the estimated value of the contract is ` 10,00,000/- or
more.

7.12 In the case of purchases of manufactured goods or stores (eg. purchase of printing
paper), invitation of tenders can be restricted from manufacturers, provided the
Purchasing Officer considers it necessary in the interest of the public and the
Departmental Purchase Committee approves.

7.13 In all cases of open tender, it is essential that wide publicity is given to the tender
notification. Short tender notices as in Annexure 12 should be published in the
Stores Purchase Sheet of the Kerala Gazette and in the Government website. If the
nature of the articles required is such that better results can be obtained by
advertisement, short tender notices may also be published in one or more leading

38
 regional language newspapers and also in one or two issues of a leading English
newspaper published in India having wide circulation in the area from where the
supplies are normally obtained.

7.14 In the case of purchases of heavy machinery, imported Stores and other stores which
cannot be obtained without wide publicity at all India level, the tender notices may
be published in English National Newspapers, in addition to their publication in the
Government Gazette and Website. The same may also be published in the Indian
Trade Journal, published weekly from Calcutta by the Director General of
Intelligence and Statistics.

7.15 In addition to the publication, the short tender notices, should be sent to all
registered firms in the line and also to other reputed dealers.

7.16 For the purpose of notifying dealers and contractors a list of approved firms both
Indian and Foreign of known reliability should be maintained in the Office of every
purchasing officer. The list should be prepared commodity-wise on the basis of the
list of registered firms maintained by Stores Purchase Department. The list will be
examined and revised periodically. Applications from firms received by the several
departments for inclusion in the approved lists should be forwarded by them to the
Stores Purchase Department. There is no objection to sending enquires to firms
outside the Approved List.

7.17 There are items for which there is no list of registered firms in the Stores Purchase
Department, e.g. bottles, earthenware jars, Ayurveda medicines, food materials etc.
In such cases when tenders are invited the Purchasing Departments should see that
notices are sent direct to all known suppliers, particularly to reputed manufacturers
and stockist and any others who might ask to be intimated especially when such
notices are published only in the Gazette/Website and not in newspapers.

7.18 The Heads of Departments and offices may make arrangements with the
Superintendent, Government presses to get printed sufficient number of spare copies
of Tender Forms (as in Annexure 2) containing details of specifications, conditions of
supply, etc., to be supplied to the intending purchasers. To facilitate matters,

39
 particulars regarding the quality are quite essential. The Heads of Departments will
incorporate specifications regarding quality also in addition to quantity wherever
possible in the tender forms and short tender/quotation notices. The Superintendent
of Government Presses will print and supply the spare copies of the Tender Forms to
the Officers concerned within 8 to 10 days of requisition from the Heads of
Departments.

7.19 Where a Department feels that the Stores of the required quality, specifications, etc.,
may not be available in the country and/or it is also necessary to look for suitable
competitive offers from abroad, the Department may send copies of the tender notice
to the Indian Embassies abroad as well as to the Foreign Embassies in India
requesting them to give wide publicity of the requirement in those countries. They
may also be requested to put the tender notice in their web sites. The selection of the
Embassies will depend on the possibility of availability of the required Stores in such
countries. Publicizing the requirement globally as above is also known as Global
Tender Enquiry.

NOTE: Under the e-procurement system, the invitation to tender is only to registered
vendors. The tender notifications, bid clarifications, corrigendum and addendum,
minutes of the pre-bid meeting, etc., will be published in the eGP portal and shall be
the sole mode of official communication to the vendors. However, consolidated
advertisements in one regional and one national daily may be issued for e-
procurement. Short tender notices should also be published in the Stores Purchase
Sheet of Kerala Gazette.

Single Tender (Private Purchase)

7.20 Obtaining quotation by issuing single tender enquiry to a selected source amounts to
purchase without generating competition. Therefore this mode of purchase should
be resorted to only in unavoidable situations. The single tender system may be
adopted:

(i) In the case of a small order or when the articles required are of a proprietary
character and competition is not expected to be advantageous. For this
purpose, a small order means an order the value of which does not exceed `

40
 5000/- or, if more than one kind of article is ordered at one time, the total value
of which does not exceed ` 10000/-.

NOTE: The word proprietary is defined as an item which is manufactured by one

and only one manufacturer and/or which is a patent or speciality to which tender
system cannot be applied with advantage.

(ii) When, owing to the greater promptitude of supply by particular agencies of the
special manufacturer of some articles by certain firms, substantial economy can
be effected by deviating from the tender system, officers may purchase direct
such articles from the firms or agencies concerned.
(iii) In a case of emergency, the required Stores are necessarily to be purchased
from a particular source subject to the reason for such decision being recorded
and approval of the competent authority obtained.
(iv) For standardization of machinery or components or spare parts to be
compatible to the existing sets of machinery/equipment (on the advice of a
competent technical expert and approved by the competent authority), the
required Stores are to be purchased only from a selected firm.

7.21 When the bill for a purchase made under „Single Tender‟ is sent for audit, the
drawing officer should record a statement explaining briefly the necessity for
deviating from the Open Tender system.

Format for Tenders

7.22 Every Officer who proposes to purchase materials by the open tender system should
obtain tenders in a prescribed format issued by him or on commercial letter papers of
the tendering firms. For all purchases involving ` 1,00,000/- or more, Tender forms
should ordinarily be prescribed and issued by the purchasing officer at prices
according to the scale approved by Government.

7.23 The tenderers are to furnish their quotations as per the prescribed format and also as
per the instructions incorporated in the tender documents. Quotations sent by telex,
cable or facsimile are to be ignored and rejected.

41
 NOTE: Under e-procurement the tender forms can be downloaded from the Library
of eGP portal and Department Website. The tender forms can be downloaded by all
the registered vendors free of cost.

Cost of Tender Documents

7.24 Price of the tender document should take care of the preparation and delivering cost
only. If it is too high, it will discourage the prospective bidders to purchase the
document and participate in the bidding process.

7.25 The following scales of prices (exclusive of VAT) are prescribed by Government for
tender forms to be issued by Government Departments.

(i) Ordinary tenders involving supply of stores:

Estimated cost of materials Cost of tender forms

for which tenders are
invited
Original copy each (`) Duplicate copy each (`)
Above `1,00,000/- upto 0.2% of the cost of tender 50% of the cost of the original
`10.00 lakh rounded to the nearest copy, upper rounded to the
multiple of 100, subject to a nearest multiple of 100 + VAT
minimum of ` 400/- and as applicable
maximum ` 1500/- + VAT
as applicable
Above `10.00 lakh 0.15% of the cost of tender 50% of the cost of the original
rounded to the nearest copy, upper rounded to the
multiple of 100, subject to a nearest multiple of 100 + VAT
maximum of ` 25000/- + as applicable
VAT as applicable

(ii) Special tenders with drawing, etc., involving erection of plant and machinery.

Estimated cost of materials Cost of tender forms

for which tenders are
invited
Original copy each (`) Duplicate copy each (`)
Upto ` 10 lakh 0.25% of the cost of tender 50% of the cost of the original
rounded to the nearest copy rounded to the nearest
multiple of 100 + VAT as multiple of 100 + VAT as
applicable applicable
Above ` 10 lakh 0.20% of the cost of tender 50% of the cost of the original
rounded to the nearest copy rounded to the nearest
multiple of 100 + VAT as multiple of 100 + VAT as
applicable applicable

42
7.26 General conditions of the contract for plant, machinery and manufactured equipment
should be usually supplied with the special tender form and extra copy at ` 200 per
copy.

7.27 Ordinarily duplicate copies of tender forms should be issued only to firms or
individuals who have purchased the original copy. But in the case of special tenders
duplicate can be issued to applicants for reference even if they have not purchased
the original copy. But in such cases care should be taken to see that the tenders are
submitted only in original copies.

7.28 The cost of tender forms may be accepted in cash, DD or by M.O. only. Postal
orders, postal stamps or bank cheques should not be accepted. No forms should be
sent by V.P.P. or in advance.

7.29 In certain other cases even though the amount involved is more than ` 1,00,000/-
priced tender forms may not be desirable e.g., fuel oils, motor vehicles, etc.

7.30 In all cases of Rate/Running contracts priced tender forms are essential irrespective
of the amount involved unless otherwise decided by Government.

7.31 Free tenders (or quotations) may be invited in all cases of Limited Tender or Single
Tender system. In such cases, the tendering firms can submit their tenders in their
own commercial letter papers.

7.32 A tenderer may download the tender form from the official website of Government
of Kerala. In that case the tenderer should remit the cost of the tender form by
Demand Draft of Nationalised Banks and should submit such Tenders along with the
cost as detailed in para 7.26 of the Manual.

Invitation of Tenders

7.33 Whenever tenders are invited, the procedure in the following rules should be
followed. This procedure will apply to all Departments except those for which
special rules have been laid down in their Codes or Manuals.

43
(i) Before inviting tenders every officer should estimate his requirements for the
year as far as he can foresee and regulate the time of his purchases according to
the state of market and stock position of stores of his Department. A phased
programme may be drawn up for inviting the tenders so that there is no rush of
tenders at any time and priority is given to articles which are in urgent need.
(a) Tenders can be invited even during the previous financial year for normal
and recurring supplies likely to be required by various Departments in the
succeeding year. But actual financial commitment should be entered into
only after the Budget is passed by the Legislature.
(b) In the case of requirements of bulk or costly machinery for which
competitive quotations can be obtained for forward delivery, tenders
should be invited well in advance of the requirements so that stock
purchases at prohibitive prices are avoided.
(c) Rush purchases towards the end of the financial year should be avoided.
The Financial Rules require that expenditure which might otherwise be
postponed should not be incurred in the last month of the financial year
solely with a view to prevent lapses of the budget grants. Such rush
purchases have an undesirable effect; in that the strict observance of the
rules regarding invitation of the tenders, proper scrutiny of offers, etc., are
rendered impossible at such high pressure and leads to waste, confusion
and delay.

(ii) The articles should properly be classified under different trade groups
according to the approved classification (See Annexure 4). Tenders should then
be invited separately for each group.
(a) The tenders should not be made unwieldy by including too many items of
different kinds of materials in the same tender. Where purchases are large
one tender notice should normally contain only one kind or class of articles.
(b) Requirements should be correctly estimated. After inviting tenders the
quantity should not be varied materially. It is wrong economy to purchase
bulk quantities at retail prices.
(c) Indents of the different institutions or sections under the same Head of
Department should be classified and bulked into a single list. They need
not be shown separately in the tender list or schedule.

44
 Example: Laboratory glassware is required for the Physics, Chemistry,
Botany and Zoology Laboratories of a College. Each of these Departments
should not invite tenders separately, nor should the Principal invite tenders
separately for each Department. On the other hand the requirements of all
the four Departments should be properly classified and bulked. If, for
example, each of the four Departments requires 2 beakers with spout 500
c.c., the quantity should be mentioned as 8 Nos. and this should occur only
at one place in the tender notice.
(d) The names of Stores should be arranged in a clear, intelligible manner.
Alphabetical arrangement is desirable. Each item should be given correct
and adequate specifications. Mere reference to catalogue numbers and
mention of patent/brand names should be avoided.

(iii) The requirements of the same or similar materials should be consolidated and
tenders invited in order to secure the advantage of competitive prices for bulk
supply. Tenders should not be invited by the same Department for the same
class of materials several times during the same year. Apart from losing the
advantage of bulk purchases, piecemeal purchase results in avoidable work
and delay.
(iv) Tender specifications should be carefully and correctly drawn up so that there
is no ambiguity about the correct type, size, packing etc., of materials required.
There should be no room for changes in specification after inviting tenders.
(v) (a) Indenting Department should endeavour to adopt the Indian Standard
Specifications wherever available and where such specifications have not been
laid down, should consistent with the requirements of safety, security and use
of the stores, permit relaxation of standard, having regard to technical
limitations in indigenous production (Annexure 13).
(b) In respect of articles purchased by Government, other things being equal,
preference will be given to goods bearing Indian Standards Institution
certification mark or agmarking and to products conforming to I. S. I.
specifications.
(vi) (a) Comprehensive specifications of plant, machinery and specialized
equipment should be given with the term “or similar” added wherever
possible.

45
 (b) Where there is lack of experience of any particular type of equipment and
full specifications cannot be furnished, preliminary enquiries should be made
in the first instance and the offers got examined by technical experts who
should then draw up comprehensive specification for inviting the formal
tender.
(c) Tenderers should be allowed to quote for all the items included in a tender
or a part thereof. They should also be allowed to make suitable alternative
offers.

(vii) A Purchasing Officer who invites tenders for the supply of stores may exercise
full discretion regarding the place of delivery to be specified in the invitation of
tender. The conditions should as far as possible be such as to give all tenderers
equal opportunities of tendering at their lowest rates. He may stipulate for
delivery cost, insurance and freight (c.i.f.). or free on board (f.o.b.) at an Indian
Port or free on rail (f.o.r.) at the place of despatch in India or f.o.r. destination or
for free delivery at the receiving stores/office. When tenders are invited for the
supply of plant and equipment and the successful tenderer is to erect the plant
at site, the appropriate conditions in regard to delivery at site should be
included in the invitation of tender or in the general specifications.

(viii) As provided in Article 148 (b) of Kerala Financial Code, Volume I, all articles
required for use in the public service shall be purchased on the condition that
delivery shall be made in India for payments in Rupees in India. Except in
special cases, full payment should not be made for any stores against shipping
or railway documents, and payment should be completed only after the
Receiving Officer has taken delivery of stores and found them to be satisfactory
in every respect.

(ix) In all cases of invitation of tenders, care should be taken to see that sufficient
time is allowed to the tenderers to submit their tenders. In fixing the date for
the receipt of tenders, the Purchasing Officer should take into account the time
required for publicity, for the receipt of the tender forms by the tenderers and
the preparation and despatch of the tenders. He may exercise his discretion
about the last date for the receipt of tenders keeping in mind the nature and

46
 supply position of the articles required to be purchased. The following minima
are suggested:-

(a) For ordinary stores which can be procured from the Indian Market - 15
days.
(b) For machinery and plant which have necessarily to be imported-Two
months
(c) For heavy equipment involving foreign manufacture of plant and
machinery, their import and erection – Three months.

NOTE 1: Under the e-procurement system the bids shall be submitted online and
parallel submission of bids through paper format is not allowed. Virtual Tender Box
shall be treated at par with the physical Tender Box. Time for submission of the bids
online will be as given under the particular tender notice.

NOTE 2: The CVC has issued guidelines on publishing details of tender documents
in the web site of the department/organisation with a view to providing widest
possible publicity. The instructions issued are with regard to all cases where open
tender system is resorted to for procurement of goods and services or for
auction/sale, etc., of goods and services. This may be followed (refer CVC Order
No.98/ORD/1, dated 18th December, 2003). The CVC has also issued guidelines to be
followed while implementing e-tendering solutions to contain the security related
loopholes (refer Circular No. 29/9/09, dated 17th September, 2009 and Circular No.
18/04/2010, dated 26th April, 2010, given in Appendix). These may be considered by
the authority responsible for e-tendering solutions.

(x) The invitation should also specify a period of firmness during which the
tenderers are to keep their rate firm. The time fixed for firmness of offers
should be enough to cover the normal delay expected in placing supply orders
after going through all the formalities. It is necessary that regard should be had
to the fluctuating nature of the markets in fixing these periods. Long firmness
periods such as 6 or 8 months should be avoided. The following periods of
firmness may generally be prescribed:-
(a) All ordinary items of stores-Two months.
(b) Important tenders involving manufacturer, supply and erection such as
heavy electrical plants, machinery, steel structures etc.-Three months.

47
 (c) For stores which are in short supply in the country and the prices of which
are subject to violent fluctuations, a maximum period of one month or
even less may be fixed. A week or two is better.
(d) It is important that in all cases decisions regarding the selection of offers
are taken promptly and acceptances communicated to, or supply orders
placed with the selected firms before the period of firmness expires.

NOTE: All Purchasing Officers who: (i) fail to draw up a suitable time schedule as
required under sub para (ix) for each tender and fail to scrupulously adhere to it; and
(ii) fail to specify a validity period as required under sub para (xi), will be held
personally responsible for the lapse, loss, if any, sustained by Government due to
such non-specification of the firmness period or non-adherence of the time schedule
will be recoverable from the officers concerned.

(xi) In all cases, tenders should be obtained in sealed envelopes. In special cases
tenders in duplicate may be called for or even in triplicate. The tender
invitation should include the general conditions of tender, and a list of the
materials required, each item carrying full specifications and special conditions,
if any. The tenderers should be asked to superscribe the name and number of
tender as well as their own name, on the envelopes containing the tenders. The
advertisement should specify the price of tender forms and state the place, the
date and the time when the tenders are to be submitted, and will be opened.
The tenderers or their authorized representatives may be invited to be present
at that time to scrutinize the several competitive tenders received.

(xii) Tenders shall be invited in India and when considered desirable also from
abroad for the supply of articles in order to obtain adequate publicity and to
ensure that the purchase is made to the best advantage. These considerations
apply mainly to the categories of stores which have usually been obtained in
the past by import.

(xiii) The service of the Central Purchase Organisation (Directorate General of

Supplies & Disposals, New Delhi), the India Store Department, London or
India Supply Mission, Washington may be utilized to the extent necessary. The

48
 procedures for utilizing the service of Central Purchase Organisation are
contained in Annexure 14.

(xiv) The Stores Purchase Department should publish in their website an updated
list of registered and blacklisted/banned firms for reference to other
departments.

(xv) The CVC has issued clarification with regard to a clause that is normally
included in the Notice inviting tenders that the „tender applications could be
rejected without assigning any reason‟. Though the CVC has not objected to
having this clause in the Notice inviting tenders, it has made clear that the said
clause in the bid document does not mean that the „tender accepting authority
is free to take decision in an arbitrary manner. He is bound to record clear,
logical reasons for any such action of rejection/recall of tenders on the file‟
(refer Office Order No. 15/3/05 dated, 24th March 2005 in Appendix).

(xvi) The CVC has also instructed that pre-qualification criteria, performance criteria
and evaluation criteria should be incorporated in the bid documents in clear
and unambiguous terms as these are very important to evaluate bids in a
transparent manner. The CVC has also advised that, whenever required, the
departments/organisations should follow the two-bid system, i.e. technical bid
and price bid. The price bids should be opened only of those vendors who are
technically qualified by the Department/Organisation (refer Order No.
98/ORD/1 (Office Order No.44/9/03), dated 04.09.2003, in Appendix).

Text of Tender Notice

7.34 The tender notice for an Open Tender should be carefully drafted. It should contain
all the salient features of the requirement in brief to give a clear idea to the
prospective tenderers about the requirements. Superfluous or irrelevant details
should not be incorporated in the tender notice, as it will increase the cost of the
advertisement. The Tender Notice should contain:

(i) Description and specification of the Stores and quantity

(ii) Period and terms of delivery
(iii) Cost of the tender/bidding document

49
 (iv) Place(s) and timing of sale of tender documents
(v) Place and deadline for receipt of tenders
(vi) Place, time & date for opening of tenders
(vii) Amount & Form of Bid Security/Earnest Money Deposit
(viii) Any other important information

Sale of Tender Documents

7.35 Tender documents should preferably be sold upto one day prior to date of opening
of tenders and the same should be clearly indicated in the documents. The
organization should also post the complete tender document in the website and
permit prospective tenderers to make use of the document downloaded from the
website. If the tender document is a priced one, there should be clear instructions for
the tenderers in the document (which has been downloaded) to pay the amount
along with the tender, prepared in the downloaded document.

7.36 The sale of tender documents against Open Tender should not be restricted. The
purchase department shall maintain proper records about the number of tender
documents sold, list of parties to whom sold, details of the amount received through
sale and, also, the number of unsold tender documents, which are to be cancelled
after the opening of the tenders.

Pre-bid Conference

7.37 In case of turn-key contract or contract of special nature for purchase of sophisticated
and costly equipment, a suitable provision is to be kept in the tender enquiry
document for a pre-bid conference for clarifying issues and clearing doubts, if any,
about the conference for clarifying specification and other allied technical details of
the plant, equipment and machinery projected in the tender enquiry document. The
date, time and place of pre-bid conference should be indicated in the tender enquiry
document for information of the interested tenderers. This date should be sufficiently
ahead of the tender opening date.

Sealing and Marking of Tenders

7.38 The tender document is to indicate the total number of tender sets (e.g., in duplicate
or in triplicate, etc.) required to be submitted. The tenderer is to seal the original and

50
 each copy of the tender in separate envelopes, duly marking the same as “original”,
“duplicate” and so on and also putting the address of the purchase office and the
tender reference number on the envelopes. Further, the sentence „‟NOT TO BE
OPENED” before ……….. (due date & time of tender opening) are also to be put on
these envelopes. The inner envelopes are then to be put in a bigger outer envelope,
which will also be duly sealed marked, etc., as above. If the outer envelope is not
sealed and marked properly as above, the purchaser will not assume any
responsibility for its misplacement, premature opening, late opening, etc. All the
above instructions are to be suitably incorporated in the tender documents.

Modification of Tender Documents and Extension of Tender Opening Date

7.39 Sometimes, situations may arise necessitating modification of the tender documents
already issued (Limited Tenders) or already put on sale (Open Tenders). Also, after
receiving the documents, a tenderer may point out some genuine mistakes
necessitating amendment in the tender documents. In such situations, it is necessary
to amend/modify the tender documents suitably prior to the date of submission of
bids. Copies of such amendment/modification should be simultaneously sent to all
the selected suppliers by registered/speed post/courier/e-mail in case of Limited
Tender. In case of Open tender, the copies of such amendment/modification are to
be simultaneously despatched, free of cost, by registered/ speed post/courier/e-
mail, to all the parties who have already purchased the tender documents and copies
of such amendments are also to be prominently attached in the unsold sets of the
tender documents (which are available for sale), including the tender documents put
in the website. When the amendment/modification changes the requirement
significantly and/or when there is not much time left for the tenderers to respond to
such amendments, and prepare revised tender, the time and date of submission of
tenders are also to be extended suitably, along with suitable changes in the
corresponding time-frames for receipt of tender, tender validity period, etc., and
validity period of the corresponding EMD/bid security. Depending on the situation,
such an amendment may also need fresh publication adopting the same procedure as
for publication of the original tender enquiry.

51
 Amendments/Modifications to Tenders by Tenderers

7.40 The tenderer, after submitting its tender, is permitted to submit alterations/
modifications to its tender so long such alterations/modifications are received duly
sealed and marked like original tender, upto the date & time of receipt of tender.
Any amendment/modification received after the prescribed date & time of receipt of
tenders are not to be considered. Para 8.15 (Forfeiture of EMD) of Chapter 8 also
refers in this regard.

Receipt and Custody of Tenders

7.41 Receipt and custody of tenders shall be done in a transparent manner. Tenders are to
be received through tender box and, in its absence, by hand delivery to the
nominated officials of the purchasing authority. The tender box should be located in
a place, which is easily accessible to the parties for dropping their tenders. The
tender box shall have two locks. Key of one lock will be with the Head of the Office
and the other key with the official nominated by him. On each occasion of tender
opening, the tender box will be opened by two officials at the prescribed date and
time (as per the date & time specified for receipt of tenders) and the relevant tenders
will be taken out. In the tender box, there may be tenders for other cases due for
opening later; such tenders are to remain in the tender box under lock and key. The
tenders so taken out are to be entered in a challan in duplicate, duly signed with date
and time by the two officials and sent to the officials authorized to open the tenders.
Signatures of the receiving officials will be obtained on the duplicate copy of the
challan for record.

7.42 There may be cases where the tenders are too bulky to be put in the tender box or the
purchase office is yet to install tender box and, therefore, the tenders are to be
submitted by hand. In such cases, it should be ensured that names and designations
of at least two officers, who will receive the tenders, are prominently mentioned in
the tender documents. The information about these officers should also be displayed
at the entrance/reception of the premises where tenders are to be deposited. The
officer receiving a tender is to give the bearer of the tender a receipt duly signed by
him with date and time of receipt of the tender. A separate register is to be

52
 maintained for keeping records of the bids, received by hand. Such bids will be kept
in safe custody with the head of the office or his authorized representative till the
date & time of bid opening and then such bids will be handed over to the bid
opening officer through challan, in identical manner as mentioned in the previous
paragraph. Sometimes, tenders are also received by post. Such tenders shall be
received and documented in identical manner as applicable for tenders received
through hand delivery.

Late Tender

7.43 In the case of Open Tenders or Limited Tender, late tenders (i.e., tenders received
after the specified date and time for receipt of tenders) should not be considered.

Opening of Tenders

7.44 All the tenders received on time shall be opened in the presence of authorized
representatives of the tenderers (who have submitted regular tenders) at the
prescribed time, date and place. The authorized representatives, who intend to
attend the tender opening, are to bring with them letters of authority from the
corresponding tenderers. Tenders should be opened immediately after the deadline
of receipt of tenders with minimum time gap in between. At least two duly
authorized officials of the Department should jointly open the tenders. The tender
opening officials are to announce the salient features of the tenders like description
and specification of the Stores, quoted price, terms of delivery, delivery period,
discount if any, whether EMD furnished or not and any other special feature of the
tender for the information of the representatives attending the tender opening. After
opening, every tender shall be numbered serially, initialed, and dated on the first
page by all the officials authorized to open the tenders. Each page of the price
schedule or letter attached to it shall also be initialed by them with date, particularly
the prices, delivery period etc., which shall also be circled and initialed with date.
Blank tenders, if any, should be marked accordingly by the tender opening officials.

7.45 The original, duplicate, triplicate copies in a tender set are to be marked accordingly
by the tender opening officials. Alterations in tenders, if any, made by the tenderers,
shall be initialed with date & time by the officials opening the tenders to make it

53
 perfectly clear that such alterations were present on the tenders at the time of
opening. Wherever any erasing or cutting is observed, the substituted words should
also be encircled and initialed with date & time to make clear that such
erasing/cutting of the original entry was present on the tender at the time of
opening.

7.46 In order to maintain the sanctity of tendering system, the CVC has advised that the
purchases should preferably be made directly from the manufacturers. Either the
Indian Agent on behalf of the foreign principal or the foreign principal directly could
bid in a tender but not both. Further, in cases where an agent participates in a tender
on behalf of one manufacturer, he should not be allowed to quote on behalf of
another manufacturer along with the first manufacturer in a subsequent/parallel
tender for the same item (refer Office Order No. 25/04/04, dated the 21st April, 2004,
in Appendix).

Responsibility of the Tender Opening Officials

7.47 In addition to what has been mentioned in paragraphs 7.42 and 7.43, the tender
opening officials will prepare a list of the representatives attending the tender
opening and obtain their signatures on the same. The list will also contain the
representatives‟ names and the corresponding tenderers‟ names & addresses. The
authority letters brought by the representatives will be attached with this list. This
list will be signed by both the tender opening officials with date & time. An on-the-
spot report containing the names of the tenderers (serial number wise) salient
features of the tenders, as read out during public opening of tenders will be prepared
by the tender opening officers duly signed by them with date & time.

7.48 The tenders, which have been opened, the list of the representatives attending the
tender opening and the on-the spot report are to be handed over to the nominated
purchase officer and acknowledgement obtained for the same.

7.49 The CVC has advised that the members of the Tender Committee should give an
undertaking at the appropriate time, that none of them has any personal interest in
the Companies/Agencies participating in the tender process. It has instructed that

54
 any Member having interest in any Company should refrain from participating in
the Tender Committee (refer Order No. 005/VGL/66, (Office Order No. 71/12/05),
dated the 9/12/2005, in Appendix).

Two Bid System

7.50 For purchasing capital equipment, high value plant, machinery, etc., of complex and
technical nature, tender enquiry document, complete in all respects, may be issued as
usual. However, the tenderers should be asked to bifurcate their quotation in two
parts. The first part is to contain the relevant technical specifications and allied
commercial details as required in terms of the tender enquiry documents and the
second part should contain only the price quotation. The first part is commonly
known as „Technical Bid‟ and the second part „Financial Bid‟. The technical bid and
the financial bid should be sealed by the tenderer in separate covers duly
superscribed and both these sealed covers are to be put in a bigger cover which
should also be sealed and duly superscribed following similar procedure as
prescribed under para 7.39 of this chapter. The technical bids are to be opened in the
first instance, at the prescribed time & date and the same will be scrutinized and
evaluated by the competent committee/authority with reference to parameters
prescribed in the tender documents and the offers received from the tenderers.
Thereafter, in the second stage, the financial bids of only the technically acceptable
offers (as decided in the first stage above) are to be opened for further scrutiny,
evaluation, ranking and placement of contract.

Note: The CVC while noticing instances where the equipment/plant to be procured
is of complex nature and the procuring organization may not possess the full
knowledge of the various technical solutions, has advised that it would be prudent to
invite expression of interest and proceed to finalise specifications based on technical
discussions/presentations with the experienced manufacturers/suppliers in a
transparent manner. The CVC suggests two stage tendering process in such cases
(refer Circular No. 01/02/11, dated 11th February, 2011 in the Appendix).

55
 CHAPTER 8
EARNEST MONEY AND PERFORMANCE SECURITY

Earnest Money Deposit

8.1 In order to safeguard against a bidder‟s withdrawing /altering its bid during the bid
validity period in the case of Open or Limited tender enquiry, Earnest Money
Deposit (EMD) is to be obtained from the bidders.

8.2 The bidders are required to furnish EMD along with their bids. Earnest money
should ordinarily be taken for every tender involving ` 1,00,000/- or more and for
special tenders [vide also article 132(b) of the Kerala Financial Code, Vol. I]. The
amount of EMD shall be one percent (rounded to the nearest rupees) of the total cost
of the articles tendered for. This is subject to a minimum of ` 1,500/-.

8.3 In certain special cases, a lumpsum earnest money may be prescribed with reference
to the nature of articles required and to the extent of possible competition.

8.4 Heads of Departments may by general or special orders dispense with EMD in the
case of firms of established repute.

8.5 Government or any authority authorized by Government may by general or special

orders exempt any firm of repute and standing from furnishing earnest money.

Exemption from payment of EMD

8.6 Firms who are registered with the Stores Purchase Department or the Directorate
General of Supplies & Disposals, New Delhi are exempted from furnishing Earnest
Money for tenders in respect of Stores for which they have registered as suppliers of
stores. However, this exemption is not applicable to tenders for Rate/Running
Contracts.

8.7 Micro and Small Enterprises and Industrial Co-operatives within the State which are
certified as such by the Director of Industries and Commerce or by the General
Manager, District Industries Centre, are exempted in respect of certified items from
furnishing earnest money deposits in support of tenders submitted by them to
Government Departments.

56
8.8 The Khadi and Village Industries Co-operative Societies and the institutions
registered under The Travancore-Cochin Literary, Scientific and Charitable Societies
Registration Act, 1955 within the State which are certified as such by the Secretary,
Kerala Khadi and Village Industries Board are exempted from furnishing earnest
money deposits in support of tenders submitted by them to Government
Departments.

8.9 Micro, Small & Medium Enterprises registered with the National Small Industries
Corporation Limited, New Delhi and in respect of which competency certificates are
issued by the Corporation will be exempted from payment of earnest money
deposits. Micro, Small & Medium Enterprises having DGS &D Registration will also
be exempted from payment of performance security. This will not, however, apply
in the matter of purchase of stores on Rate or Running Contract basis.

8.10 Government institutions/State Public Sector Undertakings which manufacture and

supply stores are exempted from furnishing earnest money for tenders.

8.11 Kerala State Small Industries Development Corporation Ltd., when it participates in
tender on behalf of Small Scale Units will be exempted from furnishing Earnest
Money. This concession will not apply in the matter of purchase of stores on Rate or
Running Contract basis.

NOTE: Under e-procurement system the authorized exemption list will be published
in the e-procurement portal.

Payment of EMD

8.12 Earnest money may be accepted either in cash or crossed Bank Drafts or Treasury
Savings Bank Deposits or Government Promissory Notes or Bank Guarantee or
National Savings Certificate. A model format for the same is provided in the
Annexure 15. The tenderers should be specially instructed in the advertisement not
to enclose in the envelope any Earnest Money in cash, but only in crossed drafts.
Fixed deposit in the State Bank of Travancore, in the name of the Purchasing Officer
or in the name of the depositor with due endorsement thereon to the Purchasing
Officer, may also be accepted provided the period is not less than six months.

57
 Note: The CVC has advised all organizations to streamline the system of acceptance
of bank guarantees from contractors/suppliers to eliminate the possibility of
acceptance of any forged/fake bank guarantees. The organizations have been
instructed to frame their own detailed guidelines to ensure that BGs are genuine and
encashable. CVC has suggested that the guidelines issued by Canara Bank in this
matter could be utilised for the purpose (refer Circular No. 01/01/08, dated 31st Dec.
2007 in Appendix).

8.13 In the case of firms doing business within the State, cash remittance of earnest money
should be made into any of the Government Treasuries and the receipted Chelan
produced with the tender.

NOTE: Under e-procurement system the tender submission fees and earnest money
deposit will be through modes other than cash/DD/MO/cheque. Electronic mode
of payment as defined in the tender notice will be applicable.

Validity of EMD

8.14 The EMD should remain valid for a period of 45 days beyond the final tender
validity period.

Forfeiture of EMD

8.15 EMD of a tenderer will be forfeited, if the tenderer withdraws or amends its tender
or impairs or derogates from the tender in any respect within the period of validity
of its tender. Further, if the successful tenderer fails to furnish the required
performance security within the specified period, its EMD will be forfeited.

Refund of EMD

8.16 EMD furnished by all unsuccessful tenderers should be returned to them without
any interest whatsoever, at the earliest after expiry of the final tender validity period
but not later than 30 days after conclusion of the contract. EMD of the successful
tenderer should be returned, without any interest whatsoever, after receipt of
performance security from it as called for in the contract.

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 Performance Security

8.17 To ensure due performance of the contract, Performance Security is to be obtained

from the successful bidder who is awarded the contract. Performance Security is to
be obtained from every successful bidder irrespective of its registration status, etc.,
for a contract value above ` 1,00,000/-. Performance Security may be furnished in the
form of an Account payee Demand Draft, Fixed Deposit Receipt from a Commercial
bank or Bank Guarantee from a Commercial bank. A sample format for performance
security is included in the Annexure 15.

8.18 Performance Security is to be furnished by a specified date (generally 21 days after

notification of the award) and it should remain valid for a period of 60 days beyond
the date of completion of all contractual obligations of the supplier, including
warranty obligations.

8.19 The Performance Security should be equivalent to 5% of the total value of the
contract rounded to the nearest rupee. The security may be taken in any of the
following forms.

(i) By Cash
(ii) Demand Draft from Nationalised Banks
(iii) Bank Guarantee from Scheduled Banks in India
(iv) Government Promissory Notes
(v) Stock Certificates of the Central or State Governments.
(vi) National Savings Certificates, Government of India 12 years National Plan
Savings Certificates and 10 year Treasury Savings Certificate
(vii) Treasury Savings Bank Deposits
(viii) Post Office Savings Bank Deposits
(ix) Post Office Cash Certificates
(x) Deposit receipts of recognized bank and co-operative societies approved by
Government for the purpose

8.20 The personal securities of two persons of known probity and substance may also be
accepted in exceptional case when there are special reasons for doing so.

59
8.21 The Government or any authority authorized by Government may, when desirable,
exempt a firm of established repute from the obligation to furnish security in respect
of all contracts or for a particular contract or class of contracts made with any
Department of Government.

8.22 No security should be demanded or taken from any Government institutions or any
institutions listed in Annexure 16, which supply stores. This provision will apply in
the matter of purchase of stores from Government of India undertakings as well.

8.23 Micro and Small Enterprises and Industrial Co-operatives within the State, which
have been registered as such with the Industries Department/Directorate of
Industries and Commerce, on furnishing proof of such registration are exempted
from furnishing performance security against contracts for supply of stores
manufactured by them, provided that an officer of and above that the rank of Deputy
Director of Industries and Commerce having jurisdiction over the area also certifies
to the soundness and reliability of the concerns to undertake the contracts.

8.24 The Khadi and Village Industries Co-operative Societies within the State which have
been registered as such with the Kerala Khadi and Village Industries Board and the
institution registered under The Travancore-Cochin Literary, Scientific and
Charitable Societies Registration Act, 1955 and which are financed by the Board
within the State on furnishing proof of such registration are exempted from
furnishing performance security against contracts for supply of stores manufactured
by them provided that the Secretary, Kerala Khadi and Village Industries Board also
Certifies to the soundness and reliability of the concerns to undertake the contracts.

8.25 In the matter of purchase of stores by the State Government Departments, Micro,
Small & Medium Enterprises sponsored by the National Small Industries
Corporation Ltd., New Delhi and in respect of which competency certificates are
issued by the Corporation will be exempted from furnishing performance security.
This will not, however, apply in the matter of purchase of stores on rate or running
contract basis.

8.26 No fresh performance security need be demanded from firms for extended period of
the rate contract originally concluded with them. The performance security obtained

60
 against the original rate contract may be considered as security for the extended
period of the rate contract. In all such cases a Supplemental Agreement should be
entered into with the rate contract holder for the satisfactory fulfillment of the
extended contract. A standard form of supplemental agreement is given in
Annexure 17.

8.27 All the small scale industrial units that are registered with the Stores Purchase
Department of Kerala and working within the State of Kerala will be exempted from
payment of EMD and performance security.

8.28 The Public Sector Undertakings that are working on competitive basis need not allow
the above exemption to Micro and Small Enterprises. These exemptions will be
allowed only by the State Government Departments, Local Self Government
Institutions, Development Authorities, Kerala Khadi and Village Industries Board,
KINFRA, KSEB and Kerala Water Authority.

8.29 The earnest money deposit may be treated as part of performance security of the
successful bidder and only the balance amount of performance security need be
called for from the firm.

Forfeiture of Performance Security

8.30 Performance security is to be forfeited and credited to the Government in the event
of a breach of contract by the supplier, in terms of the relevant contract.

Verification of the Bank Guarantees

8.31 Bank Guarantees submitted by the tenderers/suppliers as EMD/Performance

Security need to be immediately verified from the issuing Bank before acceptance.

Safe Custody and Monitoring of EMDs, Performance Securities & Other

Instruments

8.32 Suitable mechanism for safe custody and monitoring of EMDs and Performance
Securities and other Instruments should be evolved and implemented by each

61
Department. The Departments shall also make institutional arrangements for taking
all necessary actions on time for extension or encashment or refund of EMDs and
Performance Securities, as the case may be. Monitoring should also include a
monthly review of all Bank Guarantees and other instruments expiring after 3
months, along with a review of the progress of the corresponding contracts.
Extension of Bank Guarantees and other instruments, where warranted, should be
sought immediately and implemented within their validity period.

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 CHAPTER 9
RECEIPT AND EVALUATION OF TENDERS,
FORMULATION OF PURCHASE PROPOSAL
AND PLACEMENT OF CONTRACT

Introduction

9.1 Evaluation of tenders is one of the most significant areas of Purchase Management.
The entire process of tender evaluation and placement of contract must be
transparent. All the aspects, which are to be taken into account for evaluating the
tenders including the method to be adopted for evaluation of tenders and the
techniques for determining the lowest evaluated eligible tender for placement of
contract are to be incorporated in the tender enquiry document in clear and
comprehensive manner without any ambiguity and/or confusing stipulations
therein, so that the interested tenderers can formulate their competitive offers in a
meaningful manner and participate in the tendering process with confidence. The
Purchase Officer should prepare a comparative statement of quotations received in
the order in which tenders were opened. This statement will have information about
specifications of the material offered by the tenderer, rates quoted (including taxes or
otherwise), discount, if any, delivery schedule, earnest money deposit, validity of the
offer, payment schedule, etc. This action should be taken before preliminary
examination of the tenders. The comparative statement so prepared should be signed
by the concerned officers. All the tenders are to be evaluated strictly on the basis of
the terms & conditions incorporated in the tender enquiry document (based on
which offers have been received) and the terms, conditions, etc., stipulated by the
tenderers in their tenders. No new condition should be brought in while evaluating
the tenders. Similarly, no tender enquiry condition (specially the significant/essential
ones) should be over looked while evaluating the tenders. Aim should be to ensure
that no tenderer gets undue advantage at the cost of other tenderers and/or at the
cost of the purchaser.

Receipt and Opening of Tenders

9.2 All Departments shall maintain a register in Form No. 15 of the Kerala Financial
Code, Volume II (Annexure 18) to show the details of the tenders invited; the names

63
 of tenderers, the date of receipt, date of opening, etc., of tenders and quotations. The
tenders received should be serially numbered and entered in this register and then
kept under lock and key by the Head of Office until taken out on the opening date.
Late tenders should also be entered in the Register and the reason for their inclusion
or exclusion recorded in the remarks column.

9.3 The tenders should be opened (in the presence of any of the tenderers who may be
present) by the Head of Office or by other Responsible Officer but not by
subordinates. The tenders should be taken out from lock and key by the Officer
opening the tender at the appointed hour only. Each tender/quotation opened
should be serially numbered and initialed by the Officer with date and time. The
names of the representatives of tenderers present should be entered in the
appropriate column of the Register referred to above.

9.4 The envelope in which tenders are received should be preserved along with the
tenders for the purpose of record. The file of tenders and the envelopes with the
orders of the Purchasing Officer or of Government accepting one or more tenders
should be carefully preserved for five years at the least.

NOTE: Under e-procurement system, the system of receipt of tender will be as

follows:
a) The bids received online in response to a tender shall be locked unless it is
unlocked by the designated tender opening authority using Digital Signature
Certificate, on or after the bid opening date and time.
b) Details of the bid opening authority, including date and time shall be visible to all
bidders who submitted their bids.
c) The system shall also facilitate tender opening responsibility to two or more
individuals using their Digital Signature Certificates together (as an additional
safeguard and may be prescribed for tenders above certain amount).
d) In case the bids are not opened within 24 hours from the lapse of predefined bid
date and time, the system shall lock the tender activity. The System shall capture
the reasons for delays in opening the tender and then allow the bid opening
authority to open the tender.

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 e) In case of multi-cover tenders the system shall ensure that technical bids are not
opened prior to completion of pre-qualification evaluation; financial bids are not
opened prior to technical evaluation.
f) The system shall maintain audit trails for entire tender life-cycle.
g) The system shall protect the submitted bids from being viewed/edited (even by
System Administrators) before the bid opening date and time prescribed.

9.5 The CVC while stressing the need to maintain transparency in receipt and opening of
the tenders has advised that the receipt of tenders should be through tender boxes
and in cases where the tenders are required to be submitted by hand, it is advised
that the names and designation of atleast two officers are mentioned in the bid
documents, whose details are displayed at the entrance/reception of the premises
(refer Order No. 05-04-1-CTE-8, dated: 8.6.2004, in Appendix).

Preliminary Examination and Consideration of Tenders

9.6 The purchase officer nominated for handling the tenders for initial scrutiny, etc., will
receive the tenders along with other documents from the tender opening Officials. In
this context, it should be ensured that no tender is rejected by the tender opening
Officials at the tender opening stage; they are to open all the tenders as received and
send them to the Purchase Officer.

9.7 (i) Tenders which are in the prescribed form where forms are prescribed and are
accompanied by the requisite earnest money (if earnest money is prescribed) shall be
included for consideration provided they have been received before the time
prescribed for their receipt. Tenders shall be excluded in the following cases:-

(a) Where the tenders are not in the prescribed form (where forms are prescribed).
(b) When the tender is not accompanied by requisite earnest money (where earnest
money is prescribed).
(c) When the tender is not signed by the tenderer.
(d) The tenderer is ineligible.
(Example: The tender enquiry condition says that the bidder has to be a registered
Micro and Small Enterprises; but the tenderer is a, say, a Large Scale Unit).
(e) When the tender is from a black-listed or a banned firm
(f) When the tender is received late.

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 (1) On no account tenders received after the time fixed for the opening of the
tenders shall be considered.
(2) Tenders received by post after the date and time fixed for their receipt, but
before the time fixed for opening of the tenders shall also be considered,
provided the officer concerned is satisfied that the delay occurred in postal
transit.
(ii) No tender may be rejected for quoting for a part only, unless it is otherwise
demanded in the tender notice.
(iii) The tender validity is shorter than the required period.
(iv) The tenderer has quoted for Stores manufactured by a different firm without the
required authority letter from the proposed manufacturer.
(v) Tenderer has not agreed to give the required performance security.
(vi) The Stores quoted are sub-standard, not meeting the required specification, etc.
(vii) Against a schedule in the List of Requirement (incorporated in the tender
enquiry), the tenderer has not quoted for the entire requirement as specified in that
schedule.
(Example: In a schedule, it has been stipulated that the tenderer will supply the
equipment, install and commission it and also train the purchaser‟s operators for
operating the equipment. The tenderer has however, quoted only for supply of the
equipment).
(ix)The tenderer has not agreed to some essential condition(s) incorporated in the
tender enquiry.
(Example: Some such important essential conditions are – terms of payment,
liquidated damages clause, warranty clause, dispute resolution mechanism,
applicable law and any other important condition having significant bearing on the
cost/utility/performance of the required Stores, etc.
(x) The tenderers who do not meet the required qualification criteria are to be
declared ineligible and not to be considered further.
(Example: The qualification criteria incorporated in the tender enquiry document
stipulates, inter alia, that the tenderer should have successfully manufactured and
supplied 150 pieces of the required Stores during the last one year from the date of
tender opening. A tender during the initial scrutiny is found to be eligible; however,
thereafter, while scrutinizing the data furnished by it with reference to qualification
criteria, it is observed that they had manufactured and supplied only, say, 100 pieces

66
 of the required item during the last one year. This tender will, therefore, become
ineligible).

NOTE: Under e-procurement system the tenders shall be submitted online through
the official e-procurement system.

9.8 Where an advance sample is required to be submitted along with tender, the
tendering firm shall submit the sample along with the tender or immediately after
the opening of the tenders within the time specified, if any. In such cases, tenders
not accompanied by sample (s) are liable to be rejected. All samples thus required
shall be supplied by the firm free of cost unless the special conditions of the tender
provide otherwise. Where the sample which is supplied free is rejected after
examination and/or test, will be returned to the tenderers at their cost on request
made within a reasonable time of the date of rejection.

NOTE 1: The Officer who receives the samples should acknowledge receipt of the
samples. The officer who is authorized to inspect the sample should be furnished
with a list of all samples received and he should also acknowledge receipt of the list.
The Inspecting Officer should be made aware of the price of each item quoted in the
tender before the inspection of the samples. The inspecting officer shall inspect each
item and assess their suitability with respect to quality of materials used, size,
conformity to specifications in the tender, etc. He should offer his specific remarks in
respect of each item mentioned in the list of samples acknowledged by him
considering the prices also.

9.9 In respect of rate contracts settled by the Stores Purchase Department of Officer who
is authorized to inspect the samples should inspect each item and record in the
inspection report that all items of samples received have been inspected by him. The
Stores Purchase Department will verify the list of samples and the inspection report
and record that all items of samples have been inspected.

NOTE 2: Indian Standard Institution certified goods will be exempted from

examination and/or test. “However the Purchasing Officers/Departments may if
considered necessary, arrange for examination and/or test of ISI certified goods

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 when such goods are offered to be supplied by sellers who are not established
manufacturers or Suppliers of reputation”.

9.10 Tenders not stipulating the period of firmness or tenders with price variation clause
and/or „subject to prior sale‟ condition may also be rejected since in these case
contracts for purchase of Stores may sometimes have to be dissolved. Such
dissolution will be to the disadvantage of Government from the points of view of
both economical and timely purchase.

9.11 During the preliminary examination, the purchaser may also find some minor
informality and/or irregularity and/or non-conformity in some tenders. The
purchaser may waive the same, provided the same does not constitute any material
deviation and financial impact and, also, does not prejudice or affect the ranking
order of the tenderers. Wherever necessary, the purchaser is to convey his
observation on such „minor‟ issues (as mentioned above) to the tenderer by
registered letter/speed post, etc. asking the tenderer to respond by a specified date
also mentioning therein that, if the tenderer does not confirm the purchaser‟s view or
does not respond at all by that specified date, its tender will be liable to be rejected.
Depending on the outcome, such tenders are to be rejected or considered further.

(Example: A tender enquiry stipulates, as an essential condition, that the tenderer,

along with its quotation, must also submit a certified copy of its latest income tax
clearance certificate (ITCC). If a tenderer does not provide this document, the
purchaser may ask for it with target date as above. If, the tenderer does not respond
by that target date, its offer will be liable to be rejected).

9.12 Non-conformities between the figures and words of the Quoted Prices: Sometimes,
non-conformities/errors are also observed between the quoted prices in figures and
that in words. The same is to be taken care of as indicated below:

(i) If, in the price structure quoted for the required Stores, there is discrepancy
between the unit price and the total price (which is obtained by multiplying the
unit price by the quantity), the unit price shall prevail and the total price
corrected accordingly, unless in the opinion of the purchaser there is an
obvious misplacement of the decimal point in the unit price, in which case the
total price as quoted shall govern and the unit price corrected accordingly.

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 (ii) If there is an error in a total corresponding to the addition or subtraction of
subtotals, the subtotals shall prevail and the total shall be corrected; and

(iii) If there is a discrepancy between words and figures, the amount in words shall
prevail, unless the amount expressed in words is related to an arithmetic error,
in which case the amount in figures shall prevail subject to (i) and (ii) above.

9.13 If there is such discrepancy in an offer, the same is to be conveyed to the tenderer
with target date on the above lines and if the tenderer does not agree to the
observation of the purchaser, the tender is liable to be rejected.

9.14 Discrepancies between original and additional copies of a Tender: Sometimes

discrepancies are also observed between the original copy and the other copies of the
same tender set. In such a case, the text, etc., of the original copy will prevail. Here
also, this issue is to be taken up with the tenderer in the same manner as above and
subsequent actions taken accordingly.

9.15 Details of all tenders, which are rejected, shall be recorded in the purchase file along
with the grounds for rejection.

NOTE: However, in case of Two Bid System (as described under para 7.49), the
technical acceptability of the offers are first determined and, thereafter, the financial
bids of only the technically acceptable offers are opened for further scrutiny and
processing for placement of contract.

Acceptance of Tenders

9.16 After the tenders/quotations are opened, quick action has to be taken to tabulate the
rates, make the selections and finalise the acceptance. Since the markets for almost
all kinds of Stores are unsteady, quick action is of vital importance. In any case, the
acceptance should be finalised within the period for firmness agreed to by the
tenderers.

9.17 Tabulation statement of rates quoted should be correct, complete and informative
and should be authenticated by the competent purchasing or recommending officer.
Errors and omissions should be carefully avoided. The statements should be neat

69
 and easy to handle. When the number of items is large, it is preferable to tabulate the
rates for each item in a separate sheet.

9.18 The following rules should be adhered to in the acceptance of tenders:

(i) In selecting the tenders to be accepted, the financial status of the tenderers
should be taken into consideration in addition to all other relevant factors.
When a tender which appears to be satisfactory is received from an unknown
firm, steps should be taken before any order is placed, to ascertain whether the
firm is capable of executing the contract in a proper manner. If the result of the
enquiry proves satisfactory, the order or a portion of it may be placed with the
firm. If any firm is to be ignored on grounds of unsatisfactory performance, the
decision should be taken by the Government.
(ii) The various tenders should be compared in respect of price, quality, terms of
delivery, terms of payment, etc. Other conditions being equal, the lowest
tender should be accepted and in cases where the lowest tender is not accepted
the reasons thereof should be recorded.
(iii) When there are two or more offers for an article at the same rate and governed
by similar conditions, the contract may be divided equally among the tenderers
provided they are all well known. Otherwise, the previous contractor whose
performance was satisfactory should be preferred.
(iv) In selecting offers the cheapness, etc., of each individual item should be taken
into account.
(v) In the case of purchase of costly, sophisticated machinery/instruments,
arrangements should be made for pre-supply inspection of the machinery/
instruments by the Purchasing Officers or by the technical experts authorized
for the purpose by the Purchasing Officers.

NOTE: Under the e-procurement system the process regarding acceptance of tender
will be as follows:
a) Once the tenders are opened, the bid documents related to the current tender
evaluation stage will be accessible only to the authorized users.
b) If an external person is part of the evaluation committee, system shall facilitate
creation of user profiles for them as guests and such guest users shall have
limited access to the system for specific activities.

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 c) All members of the evaluation committee shall be able to see the tender
documents based on the current stage of bid evaluation.
d) System shall sign off tender results using digital signatures by the Chairman of
the Evaluation Committee and send automatic alerts to all the Members of the
Evaluation Committee and the bidders after the final sign off.
e) In case of L1 based selection, the technical evaluation shall be based on the
aggregated scores given by the evaluators for the pre-defined criteria.
Such ranking shall be done only for bidders who qualify above the cut-off.
f) If two or more Tenders have the same score, the Evaluation Committee may
decide.
g) System shall allow online negotiations with the vendors through sending online
requests for negotiation. Based on the negotiation request, bidders shall be able
to resubmit their commercial quotation in the system. System shall ensure that
all the activities related to the negotiation including negotiation request,
negotiated bid submitted by the bidder, approval, etc., are captured and
necessary audit trails are maintained in the system.
h) The system facilitates auto-ranking of the bidders based on the vendor selection
criteria defined for the bid (i.e. L1, QCBS, etc.)

Price Preference

9.19 In accepting tenders as above, indigenous producers and manufacturers should be

given preference. Government purchase policy generally permits a price preference
up to 15 per cent or even up to 25 per cent or even higher in special cases, for
indigenous products over imported stores. In giving price preference as mentioned
above, the prices for comparison should be taken at the landed cost exclusive of
VAT.
NOTE: As far as possible purchase will be made locally unless the prices are
substantially higher and the quality unsatisfactory. The choice will however be
subject to the price preference limits prescribed.

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9.20 The following price preference may be allowed for products of private industries
within the State of Kerala over the products made outside the State, as a measure of
encouragement to local cottage industries.
(i) 15 per cent for industries in which Government have taken shares.
(ii) 10 per cent for other industries.
(iii) 15 per cent for industries of Charitable Institutions registered under the
Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act
XII of 1955, within the District of their location.

9.21 The following price preference shall be allowed for products of Micro, Small &
Medium Enterprises, within the State of Kerala as a measure of encouragement to
local Micro, Small & Medium Enterprises.:-
(i) 5 per cent over the products of medium and large scale industries in the private
sector within the state.
(ii) 2 per cent additional price preference shall be given to the products of Micro
and Small Enterprises having ISI certification marks over the products of Micro
and Small Enterprises without ISI certification marks.

NOTE 1: The items of stores mentioned in Annexure 19 of the Stores Purchase

Manual are reserved for procurement exclusively from the small scale sector in the
State of Kerala and in case not available within the State, from the small scale sector
outside Kerala.

NOTE 2: a) All State Government Departments, Public sector Undertakings,

Corporations, Quasi Government Institutions, Co-operatives, Statutory Bodies and
other undertakings over which Government have control by way of share capital,
investment or financial assistance, loans with Government guarantee, etc., shall
purchase their stores and ancillaries from the products of Micro, Small & Medium
Enterprises within the State, provided that in the case of any product the capacity for
the production of the articles is existent in the State and actual manufacture is made
within the State.
b) Wherever the price quoted by local Micro, Small & Medium Enterprises is
considered exorbitant (after allowing for the prescribed price preference allowed to
them) when compared to products of Industries outside the State or the quality of the
article is considered decidedly unsatisfactory, purchase from outside the State can be

72
 resorted to. When such outside the State purchase are considered necessary, the
Purchasing Department should refer the matter for decision to a committee
consisting of the Finance Secretary (Chairman), Secretary to Government of the
concerned Administrative Department and the Director, Industries Department.
c) While it is necessary to ensure that the goods purchased are of requisite
quality, too high specifications should not be resorted to.
d) The local Micro, Small & Medium Enterprises will not be eligible for any price
preference over products of Government units and State Government‟s Public Sector
Undertakings.

Purchase from Government Sources

9.22 Products manufactured by State Government Institutions/Departments and State

Public Sector Industries and institutions will be purchased from them exclusively
without tenders for the first five years after they have gone into production, the
prices being fixed by negotiation. Prior to such negotiation the purchasing authority
should ascertain the normal market prices by enquiry from as large a number of
suppliers as possible. If the price required by the State Government Departmental
Unit and State Public Sector Industry and Institution is over 25 per cent above the
normal market prices, the price to be reviewed and finalized by the Minister in
charge of the organization/by the Minister in charge of the department which makes
the purchase respectively. If even after such review the cost and the prices are over
25 per cent above the normal market prices, the purchase should be finalized only
after consideration by the Council of Ministers. The list of Government
Institutions/State Public Sector Industries/State Government Departmental Units
which manufacture and supply stores is given in Annexure 16.

9.23 In the case of products of State Government Departmental Units and State Public
Sector Industries and institutions which have been in production for more than five
years, tenders should be invited as laid down in this Manual and purchase should be
finalized giving the concerned State Government Departmental Unit and State Public
Sector Industry and Institution/Government of India Departmental Unit and Public
Sector Industry and institution within the State of Kerala a price preference of 10 per
cent as against firm manufacturing outside the State and 5 per cent as against firms
manufacturing within the State.

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9.24 In respect of purchase to be made from the institutions listed in Annexure 16, all
purchasing officers should see that only those items are purchased which are
normally manufactured by them. In the case of Micro, Small & Medium Enterprises
under the Kerala State Small Industries Development Corporation Limited, in order
to show that a particular item is normally manufactured by a particular unit, such
unit should produce a certificate to that effect from the Managing Director, Kerala
State Small Industries Development Corporation Limited, Trivandrum.

9.25 As regards direct purchase without calling for tenders or purchases on price
preference from Public Sector Units of the Government of India the orders issued by
the Government from time to time in respect of individual units will be followed.

9.26 Subject to the general price preference formula enunciated in respect of indigenous
products in para 9.19 above, a price preference up to 10 percent may be allowed to
products of Micro, Small & Medium Enterprises within the State, over those of
similar industries outside the State, in the matter of purchase of stores for
Governmental use, subject to the provisions in para 9.21. While comparing prices for
the purpose of giving price preference under this Manual the basic price, namely, the
price exclusive of VAT alone shall be considered. This concession will not however
apply in the following cases:

(a) Where purchases are made on the basis of separate agreements entered into by
industrial concerns with the State Government.
(b) Where pool prices for products have been fixed by the Government of India.
(c) Where a concern is making a reasonable profit. A concern may be deemed to be
working with reasonable profit, if it is able to declare dividend of at least 5 per
cent to its share-holders.

9.27 Where separate agreements exist with government or pool prices have been fixed by
the Government of India for products, the purchases of such products will be made
according to the terms of the agreement or the pool prices fixed by the Government
of India as the case may be.

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9.28 Purchasing Departments will observe the above principles while accepting tenders
and report to the Stores Purchase Department the additional amount involved in
such purchases made by giving details of price preferences on a periodical basis
(quarterly) to the Stores Purchase Department.

9.29 When the conditions regarding quality, price, terms of delivery, terms of payment,
etc., are equal, preference in making purchases should be given in the following
order:

1. To articles which are produced in Kerala

2. To articles which are produced in India in the form of raw materials or are
manufactured in India from materials produced in India
3. To articles wholly or partially manufactured in India from imported materials
4. To articles of foreign manufacture held in stock in India
5. To articles manufactured abroad, which need to be specially imported

9.30 With a view to applying the principles of preference given above, a purchasing
officer who invites tenders for supplying stores should instruct the tenderers to
furnish information as to the country of origin in the case of a raw material and as to
both the country of manufacture and the country of origin of the materials used for a
manufactured article. Other things being equal, preference may be given to products
of private units in Industrial Estates over those outside the Estates except wherein
Industries in which Government have taken shares and Industrial co-operatives are
involved.

9.31 Purchase exceeding ` 2.50 crores made by Government Departments, Government

Companies and Statutory Corporations from outside Kerala, when the same product
is being manufactured by one or more units in the State, will be made only after
approval by a Committee consisting of the Chief Secretary as Chairman and the
Finance Secretary, the Secretary (Industries) and the Secretary of the Department
concerned as convener. The expenditure limit indicated will apply to total purchases
during the financial year concerned and not to any particular purchase or purchases.

9.32 The tender accepting authority can reject all the tenders at any time before passing an
order on ground of changes in the requirement, failure of anticipated resources,

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 calamities or any other ground with which the procurement is impossible. The
authorities shall communicate the fact of rejection to the Tenderers.

9.33 Price variation conditions need be accepted only in very special cases and in
unavoidable circumstances. In the case of articles which are usually subject to price
variation, necessary conditions should be stipulated in the tender notice itself.

Price Variation Clause

9.34 The following is the text of the standard price variation clause applicable to contracts
for supply of stores by import from overseas sources, where the offers as finally
accepted, are subject to price revision. This clause should be incorporated in the
formal contract only in such cases where placing of contracts with the price variation
clause appears to be inescapable. Where the Purchasing Department is of opinion
that variation in f.o.b. prices is inescapable from past experience, etc., in such
invitations to tender, this clause should be included. If, on the other hand, this clause
has not been included in the invitation to tender, but it is found necessary to allow
the same, the firm‟s confirmation should be obtained before the order is placed. It
must be ensured that the percentage for the ceiling is stipulated by the firm before
the clause is accepted. The ceiling as far as possible should not exceed 10 percent of
the net f.o.b. prices.

(i) Tenderers who claim variation in net f.o.b. prices (that is to say a price
exclusive of the contractor‟s profit, rebate, remuneration or commission called
by any name whatsoever) should give detailed information in respect of each of
the constituent items, e.g., labour, material, etc., for which variations may arise
in the items mentioned below:-
(A)Net f.o.b. price of store/equipment on which the tendered price is based
…………………………………….. ………………………………………………… (as
on …………………………………………………….. 20…….)

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 (B) Rates of labour and raw materials on which the quotation is based.

Element of cost Basic Rate Percent of Total f.o.b.

Cost
I Labour
II (a) Raw materials (Variable)
(i)
(ii)
(iii)
(b) Raw materials (Non-Variable)
(i)
(ii)
(iii)

(ii) If at any time after the submission of the tender, an increase or decrease takes
place in the net f.o.b. price, an adjustment will be made in the contract price but
only in respect of such portion of the net f.o.b. prices as represents the change
therein on account of the two factors cost of labour and/or materials properly
required for the manufacture of the contract stores, on account of any reason or
cause beyond the control of the manufactures. The contractor may, after due
completion of the contract and subject to and in accordance with the provisions
of this clause, make proposals in writing to the Government for the adjustment
in the contract price setting out the increases/decreases in the cost of labour
and/or materials, the adjustment in respect of net increases being, however,
limited to ……………… per cent of the net original f.o.b. prices. This
percentage should be furnished by the tenderer at the time of his tender.
(iii) A claim by the contractor for the finalization of price shall be accompanied by
the invoice and the document containing the original quotation of the foreign
Principal/Manufacturer and supported by a certificate of the chartered or
incorporated accountant of the Principal/Manufacturer, or if there is no
qualified accountant of such foreign Principal/Manufacturer, the certificate of
such other accountant as may be approved for the purpose by the Director
General, India Store Department, London or India Supply Mission,
Washington, etc., showing the increases/decreases in the cost of labour and/or
material between the date of tender and the date of shipment together with the
basic rates of materials and labour and their estimated and final cost and certify
that they do not include any sum on account of profit or overheads.

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 (iv) Upon receipt of the Contractor‟s claim, it shall be lawful for the Government to
make such inquiry as they may deem fit through the Director General, I.S.D.,
London/I.S.M., Washington or any trade association or other authority
nominated by the Director General, I.S.D., London/I.S.M., Washington for
verification and certification of the claim and it shall further be lawful for the
Government to require the manufacture‟s/foreign Principal‟s account‟s relating
to the increase claimed to be examined by the Director General, I.S.D.
London/I.S.M., Washington or other authority nominated by the Director
General, I.S.D., London/I.S.M., Washington.
(v) The decision of the Government as to the increase or decrease in price under
this clause shall be final and binding on the parties.
(vi) Any change in the customs duty payable by reason of and corresponding to the
account of the change in the f.o.b. price shall be to the buyer‟s account.
(vii) No charges other than customs duty shall be affected by the change in the f.o.b.
price.
(viii) This clause shall remain in operation only up to the date of shipment
corresponding to the delivery period specified in the schedule to the acceptance
of tender and notwithstanding any extension of time nothing contained herein
shall entitle the contractor to an increase in the contract price where the
increase in net f.o.b. price occurs after expiry of the said date of shipment
unless the contractor proves to the satisfaction of the Government that the
delay in shipment was due entirely to causes beyond the control of the foreign
Principal/Manufacturer, and the decision of the Government in this behalf
shall be final and binding.
(ix) Tenders should declare that in addition to the profit, commission, rebate, etc.,
specified, they do not get any other discount or any credit to their account or to
any other account in their behalf adjusted either immediately or at the end of
the year on the gross turnover for the year.

9.35 In contracts for imported stores incorporating the above price variation clause, the
Officer should ensure that an automatic check is carried out immediately after
placement of the contract, of the net f.o.b. price prevailing at the time of placement of
the contract through the Director General, I.S.D., London or Director, I.S.M.,
Washington as the case may be, where the value of the contract is over ` 1 lakh. A

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 list of stores on the cost of which variations are to be allowed is given in Annexure
20.

9.36 The acceptance or rejection of a tender is a matter entirely within the discretion of the
officer responsible for the purchase of the material, but a superior authority or the
Accountant General may require him to justify the manner in which he has used his
discretion and give his reasons for rejecting any tender. However, the reasons for
rejection need not be communicated to any tenderer, unless requested for.

9.37 No Government servant shall deal with a tender in which he or any of his relations
has any pecuniary or other interest. If any such case comes before him is the course
of his official duties, he should refrain from dealing with the case and should submit
the case to the next higher authority for passing orders, indicating at the same time
that he is not dealing with the case because of the interest. The relationship for the
purpose of rule will be as specified in section 6 of the Indian Companies Act, 1956
(extract given as Annexure 21). If any violation of this rule is detected it will be dealt
with severely.

9.38 When owing to inadequate publicity or some other reason, no satisfactory tender is
received in response to an invitation to tender, fresh tenders should be invited and
the invitation to tender should be specially brought to the notice of all possible
tenderers. If considered desirable, the services of the Director General Supplies and
Disposals, New Delhi, may be requested.

9.39 When the total cost of the articles to be purchased at a time is beyond the financial
powers of the Purchasing Officer, he should forward the tenders received and other
relevant record together with his recommendations to the higher authorities or the
Departmental Purchase Committee or Government (Stores Purchase Department) as
the case may be, for orders. The Head of the Department or the Purchasing Officer
while submitting to the Stores Purchase Department or any other authority
authorized by Government his recommendation about the offers to be accepted
should furnish a certificate in the following form:-

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 “I Certify that the purchase of the goods proposed in this report has been
administratively sanctioned by Competent Authority (here mention the sanctioning
authority with the Order No. and date) and that funds are available to meet the
expenditure during the current financial year.”

Conversion of Currencies

9.40 If offers have been received containing different currencies (as in the case of
purchasing imported Stores), all the quoted prices (with different currencies) are to
be converted into a single currency for evaluation and comparison of offers on
equitable basis. For this purpose, all such quoted prices are to be converted into
Indian rupees, as per the selling exchange rates established by a competent authority
(like RBI/SBI) as prevailing on a particular date to be specified in the tender enquiry.
Generally, this date is the date of tender opening.

Evaluation and Ranking

9.41 Depending on the terms of delivery and the projected requirement, all the applicable
components of the costs, as quoted in the eligible tenders, are to be added to work
out the ultimate evaluated costs of the tenders. The evaluation is also to include
applicable taxes, duties, etc., in the tender prices. Further, if the tender enquiry
document provides for any price preference and/or purchase preference for Micro,
Small & Medium Enterprises/PSU, etc., the same is also to be kept in view while
evaluating such tenders.

9.42 Sometimes, while purchasing sophisticated and costly equipment, machinery, etc.,
the purchase department also gives special importance to factors like high quality
performance, environmental friendly features, low running cost, low maintenance
cost, etc. To take care of the same, relevant details are to be incorporated in the
tender enquiry document and the criteria adopted to assess the benefit of such
features while evaluating the offers are also to be clearly stipulated in the tender
enquiry document so that the tenderers are aware of the same and quote accordingly.
While evaluating such offers, these aspects are also to be taken into account. Such
details, whenever considered necessary, should be evolved by competent technical

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 authority for incorporation in the tender document, so that there is no ambiguity
and/or vagueness in the same.

9.43 After completing the entire evaluation process for the eligible tenders on equitable
basis as above, they are to be entered into a ranking statement in ascending order of
the evaluated prices (like L1, L2, L3…etc) along with other relevant details, so that a
clear picture of their standing as well as comparative financial impact is available at a
glance.

9.44 If the schedule of requirements contains more than one schedule, then offers for each
schedule are to be evaluated and ranked separately in a self contained manner on
above lines. In case a tenderer offers special discount if more than one schedule is
ordered on it (and if the same is permissible as per terms of the tender enquiry
document), the same should also be taken note of in the ranking statement.

9.45 If the item/store to be procured is of a sophisticated technical nature or needs

technical evaluation, a technical committee with sufficient members for evaluating
the articles/stores should be constituted and report of the committee should be made
available for consideration by the Departmental Purchase Committee. In order that
sufficient number of competent technical experts are included in the technical
committee (refer circular No. 150/B1/10/SPD, dated 20.01.2010), an updated list of
technical experts available in Government departments, PSUs, LSG institutions,
Autonomous bodies, etc. may be published in the website of Stores Purchase
Department.

Reasonableness of Price

9.46 Before placing the contract on the lowest evaluated eligible tender (L1), the purchase
department is to ensure that the price to be paid is reasonable.

9.47 The broad guidelines for judging the reasonableness of price are as under:
(i) Last purchase price of same (or, in its absence, similar) Stores
(ii) Current market price of same (or, in its absence, similar) Stores
(iii) Price of raw materials, which go into the production of the Stores

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 (iv) Receipt of competitive offers from different sources
(v) Quantity involved
(vi) Terms of delivery
(vii) Period of delivery
(viii) Cost analysis (material cost, production cost, over-heads, profit margin)

NOTE: Price paid in an emergency purchase or purchase price of Stores offered by a

firm through „distress sale‟ (i.e. when the firm clears its excess stock at throw away
prices to avoid further inventory carrying cost etc.) are not accurate guidelines for
future use.

9.48 Price not Reasonable – If L1‟s price is not reasonable, then, in the first place, the
purchase department is to review its own data & details to recheck whether the
reasonable price so arrived is correct or not. If it is correct, the purchase department
may, strictly as an exception, negotiate the price only with the lowest evaluated
eligible tender (L1) in an attempt to bring down the same. If L1 reduces the price to
the desired level, contract may be placed on it but if it does not agree, then further
action like re-tendering, etc., may be decided by the purchase department depending
on the merits of the case.

9.49 Lack of Competition – Sometimes the purchase department may not receive
sufficient number of tenders. A situation may also arise where, after analyzing the
tenders, the purchase department ends up with one eligible tenderer. In such
situations, the purchase department is first to check whether, while floating/issuing
the tender enquiry, all necessary requirements like standard tender enquiry
conditions, industry friendly specification, wide publicity, sufficient time for
formulation of tenders, etc. were fulfilled. If not, the tender is to be re-issued/re-
floated after rectifying the deficiencies. However, if after scrutiny it is found that all
such aspects were fully taken care of and in spite of that the purchaser ends up with
one eligible tender only, then contract may be placed on that tenderer provided the
quoted price is reasonable.

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 Dividing the Quantity

9.50 As per standard procedure, each schedule of requirement incorporated in the tender
enquiry document is to be covered on the lowest eligible tenderer for that schedule
without dividing the same. The tenderer who does not quote for the complete
schedule as required is normally to be treated as ineligible and ignored. However,
there may be special occasions of purchase of very large quantities of Stores which
are beyond the capacity of a single tenderer and the lowest eligible tenderer is unable
to take the load of the entire quantity. In such cases, the remaining quantity may be
ordered on the second lowest eligible tenderer (L2) at the rates offered by the lowest
eligible tenders (L1), as far as feasible and for this purpose negotiation may be held
with the above tenderer (viz. L2). In such cases, it may also become necessary to
divide the requirement under a schedule by placing multiple contracts for part
quantities on more than 2 eligible tenderers. Such eventuality should normally be
foreseen and provided for in the notice inviting tenders. The formula proposed to be
adopted for allocation of orders to multiple (eligible) tenderers should be clearly
brought out in the notice inviting tenders. The splitting of order by purchasing
organization should be an exception rather than a rule.

Award of Contract & Communication of Acceptance

9.51 When tender has been once accepted finally such acceptance shall be communicated
to the successful tenderer in the most expeditious manner and in any case before the
period of firmness expires, if such period of firmness exists, by suitable foolproof
method, that its tender (briefly indicating therein relevant details like quantity,
specification of the Stores ordered, prices etc.) has been accepted. In the same
communication, the successful tenderer is to be instructed to furnish the required
Performance Security within a specified period (generally 21 days). Promptly after
the above notification, the purchase department is also to issue the contract to the
successful tenderer asking therein, inter alia, to send its unconditional acceptance of
the contract within fifteen days. It should also be made known to the successful
tenderer that in case, it does not furnish the required performance security or does
not accept the contract within the stipulated target dates, such non-compliance will
constitute sufficient ground for forfeiture of its EMD and processing the case for

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 further action against it (the successful tenderer). A formal supply order should also
be placed with the successful tenderer simultaneously (Annexure 22). The supply
order should furnish the description, quantity and price of the articles to be supplied.
It should also prescribe the terms of delivery and the terms of payment. Clear
despatch instructions should also be given to the supplying firm.

9.52 In cases where railway freight to be borne by Government the stores should be got
down by goods train. In exceptional cases, transport by passenger train, lorry
transport or by post may be resorted to, but the purchasing officer should record the
reasons for adopting such a course.

9.53 Copies of the supply orders should be forwarded to the Accountant General, to the
Officer who actually receives the stores and to the Sales Tax and Income Tax
authorities.

9.54 When the supply of Stores is subject to the condition that the Department should
produce Import license, formal supply order should be placed only after receipt of
the license.

NOTE: Under the e-procurement system the process regarding communication of

acceptance of tender will be as follows:

a) The e-procurement system shall facilitate sending the results to all bidders who
have qualified for technical/commercial bid evaluation.
b) The e-procurement system shall facilitate sending online notification to the
successful bidder on the outcome of the bid evaluation and the selection of the
vendor.
c) The e-procurement system shall facilitate issue of the Letter of Acceptance (LoA)
online to the successful to the bidder on the ward of the contract.
d) The e-procurement system shall facilitate provide delivery schedule (Supply
Order) along with the letter of award and shall also facilitate obtaining sign-off
on the LoA and the delivery schedule.
e) The system shall facilitate the successful supplier/contractor to respond to the
LoA using his DSC authentication.

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 Tolerance Clause

9.55 To take care of any change in the requirement during the period starting from issue
of tender enquiry till placement of the contract, a plus/minus tolerance clause is
incorporated in the tender document, reserving purchaser‟s right to increase or
decrease the quantity of the required Stores upto that limit without any change in the
terms & conditions and prices quoted by the tenderers. While awarding the contract,
the quantity ordered may be increased or decreased, if necessary, within the
prescribed plus/minus tolerance limit. The tolerance limit should be reasonable.
Higher the tolerance limit more is the uncertainty for the tenderers in formulating
their prices. Therefore, higher the tolerance limit more is the chance of loading on the
prices quoted by the tenderers to take care of such uncertainties. Generally, the
tolerance limit should not be more than plus/minus fifteen percent. The practice of
incorporating in the tender document a tolerance clause reserving purchaser‟s right
to increase the ordered quantity upto a specified percentage with same terms &
conditions and prices during the currency of the contract creates much more
uncertainty for the tenderers due to such long stretch of time. In such cases, the
tenderers tend to put much higher cushion in their quoted prices, which is not a
healthy sign. Therefore, generally such tolerance clause running through the tenure of
the contract should not be incorporated in the tender document.

Publication of Tender Result

9.56 The name of the successful tenderer awarded the contract should be mentioned in
the notice board/bulletin/web site of the concerned Department. The Central
Vigilance Commission has given directions on posting of details of all the
contracts/purchases made above a threshold value (to be fixed by the
departments/organisations) in their websites. Further CVC has also instructed that
the departments/organisations may post the summary of details of
contracts/purchases awarded so as to cover 75% of the value of the transactions
(refer Order No.005/VGL/4 (CIRCULAR No. 17/7/09), dated the 14th July, 2009, in
Appendix). In the State, the Departments/Organisations may publish in their
website details of all purchases of value above ` 25 lakh.

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 Tenderer’s Right to Question Purchaser

9.57 A tenderer shall have the right to be heard in case it feels that proper procurement
process is not being followed and/or its tender has been rejected wrongly. The
tenderer is to be permitted to send its representation in writing, which is to be
examined by appropriate administrative authority of the purchasing department.
But, such representation has to be sent within one month from date of placement of
contract and to be replied (by the Department) within one month from date of receipt
of the representation.

Extension of Tender Validity Period

9.58 The entire process of scrutiny & evaluation of tenders, preparation of ranking
statement and notification of award must be done within the original tender validity
period. The validity period should not be unreasonably long as keeping the tender
unconditionally valid for acceptance for longer period entails the risk of getting
higher prices from the tenderers. Generally, the validity period should not be more
than three months from the date of tender opening.

9.59 If however, due to some exceptional and unforeseen reasons, the purchase
department is unable to decide placement of the contract within the original validity
period, it should request, before expiry of the original validity period, all the eligible
tenderers to extend their tenders upto a specified period. While asking for such
extension, the tenderers are also to be asked to extend their offers as it is, without any
changes therein. They may also be told to extend the validity of the EMD for the
corresponding additional period (which is to be specified in the request). A tenderer
may not agree to such a request and this will not tantamount to forfeiture of its EMD.
But the tenderers, who agree to extend the validity, are to do so without changing
any terms, conditions, etc., of their original tenders.

Agreement

9.60 An agreement should be entered into with the successful tenderer for the satisfactory
fulfillment of the contract embodying the conditions of the order and providing for
the necessary penal clauses for any breach of the conditions of the contract. The

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 agreements are liable to stamp duty but registration is optional. A standard form of
Agreement is given in Annexure 23.

9.61 In the case of purchase costing above ` 1,00,000/-, the purchasing officer shall
forward a draft agreement to the firms along with the supply order directing them
that the consignments need be sent only after execution of the agreements. If any
firm despatch the goods before the execution of the agreement, they should be held
liable for the demurrage charges, if any.

9.62 The following rules are laid down for the destruction of agreement relating to Stores
Purchase Contracts:
(i) Agreement relating to plant and machinery will be destroyed after a period of
30 years after the date of the agreements if the rights, duties under the
agreements have been settled; and
(ii) Other agreements will be destroyed after a period of ten years after the rights
and duties under the agreements have been settled.

Annual Maintenance Contract

9.63 Some goods, especially sophisticated equipment and machinery (like Machineries,
Electric/Electronics equipment, Computer Hardware, Software, all kinds of vehicles,
etc.), need proper maintenance for trouble free service. For this purpose, the
purchase department may enter into maintenance contract. It must however be kept
in mind that maintenance contract is to start after the expiry of the warranty period,
during which period the goods are to be maintained free of cost by the supplier.

9.64 Maintenance contract may be entered into either with the manufacturer/supplier of
the goods or with a competent and eligible firm, not necessarily the manufacturer/
supplier of the goods in question. The purchase department should decide this
aspect on a case to case basis on merit. If the contractor is not a manufacturer/
supplier, the Purchasing Officer should verify whether the contractor is an
authorized one/ reputed for the service and the maintenance contract is inclusive of
the cost of consumables and spares or not.

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9.65 If the maintenance contract is to be entered into with the supplier of the goods, then
suitable clauses for this purpose are to be incorporated in the tender enquiry
document itself and while evaluating the offers, the cost component towards
maintenance of the goods are also to be added in the evaluated tender value on
overall basis to decide the inter se ranking of the eligible tenderers. An equipment
with a lower quoted price may carry a higher maintenance liability. Therefore, total
cost on purchase and maintenance of the equipment over its projected lifecycle
should be assessed to consider its suitability for purchase. However, if the
maintenance contract is to be entered into with a competent and eligible supplier
separately, then a separate tender enquiry is to be floated for this purpose and
tenders evaluated and ranked accordingly for placement of maintenance contract.
Here, the supplier of the goods may also quote and its quotation, if received, is to be
considered along with other quotations received. While evaluating the tenders for
maintenance of goods covering a longer period (say, more than one year), the quoted
prices pertaining to maintenance in future years are to be discounted to the net
present value (NPV) as appropriate for comparing the tenders on equitable basis and
deciding the lowest evaluated eligible tender.

9.66 The details of the services required for maintenance of the goods, the required period
of maintenance and other relevant terms & conditions including payment terms are
to be incorporated in the tender enquiry document. The terms of payment for the
maintenance service will depend on the nature of the goods to be maintained as well
as the nature of the services desired. Generally, payments for maintenance are made
on half-yearly or quarterly basis.

9.67 A suitable provision should be incorporated in the tender enquiry document and in
the resultant maintenance contract indicating that the prices charged by the
maintenance contractor should not exceed the prevailing rates charged by it from
others for similar services. While claiming payment, the contractor is also to give a
certificate to this effect in its bill.

9.68 If the goods to be maintained are sophisticated and costly, the tender enquiry
document should also have a provision for obtaining performance security. The

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 amount of performance security should be 2.5 % of the value of the equipment to be
maintained.

9.69 Sometimes, the maintenance contractor may have to take the goods or some
components of the goods to its factory for repair, etc. On such occasions, before
handing over the goods or components, suitable bank guarantee/other guarantee is
to be obtained from the firm to safeguard purchaser‟s interest.

NOTE: Sometimes, during the tenure of a maintenance contract, especially with a

longer tenure, it may become necessary for the purchase department to withdraw the
maintenance contract due to some unforeseen reasons. To take care of the same, there
should be a suitable provision in the tender document and in the resultant contract.
A model clause to this effect is provided below:

“The purchaser reserves its right to terminate the maintenance contract at any time
without assigning any reason. The contractor will not be entitled to claim any
compensation against such termination. However, while terminating the contract, if
any payment is due to the contractor for maintenance services already performed in
terms of the contract, the same would be paid to it as per the contract terms”.

9.70 Depending on the cost and nature of the goods to be maintained, suitable notice
period for such cancellation to come into effect is to be provided in the documents.

9.71 The Administrative Department of the Secretariat may without previous consultation
with Finance Department sanction expenditure related to Annual Maintenance
Contract up to a limit of ` 3,00,000/- subject to the rules in force. In case of AMC of
IT related items, for eg. computer and peripherals, other hardware, software and
other programmes, concurrence of IT Department shall be required. In the case of
other equipment/machineries, concurrence of PWD or accredited agencies shall be
required.

9.72 With respect to Annual Maintenance Contract for computer, printer, photocopiers,
machinery, lab equipment, AC & all other electronic & electrical equipment used for
the functioning of the offices, Heads of Departments is delegated financial power
upto ` 2 lakh subject to observance of Rules & procedures and subject to budget
provision. In case of other equipment/machineries, concurrence of PWD or
accredited agencies shall be required.

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 CHAPTER 10
DELIVERY PERIOD, TERMS OF DELIVERY,
TRANSPORTATION, TRANSIT INSURANCE,
DELAY IN SUPPLY, CANCELLATION OF CONTRACT

Delivery Period

10.1 The period for delivery of the ordered Stores and completion of any allied service(s)
thereof (like installation and commissioning of the equipment, operators‟ training,
etc.) are to be properly specified in the contract with definite dates and the same shall
be deemed to be the essence of the contract. Expressions such as „immediate‟, „ex-
stock‟, “as early as possible‟, „off the shelf‟, etc., shall not be used to indicate
contractual delivery period. The Central Vigilance Commission has advised the
departments/organizations concerned to fix a reasonable time for the bids to remain
valid while issuing tender enquiries, keeping in view the complexity of the tender,
time required for processing the tender and seeking the approval of the Competent
Authority, etc., and to ensure the finalization of tender within the stipulated original
validity. It has instructed that any delay, which is not due to unforeseen
circumstances, should be viewed seriously and prompt action should be initiated
against those found responsible for non-performance (refer Order No.008/VGL/083,
(Circular No.31/11/08), dated 6th November 2008, in Appendix).

Terms of Delivery

10.2 The terms of delivery is decided depending on the nature of Stores to be purchased,
transportation facility available, location of the user, location of the prospective
suppliers etc. Terms of delivery inter alia determine the delivery point of the ordered
Stores from where the purchaser is to receive/collect the Stores. Terms of delivery
have direct bearing on the quoted prices.

Specification of Stores

10.3 Generally the stores shall be of the best quality and workmanship and comply with
the contract and in all respects be to the satisfaction of the purchaser.

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10.4 In particular and without prejudice to the foregoing condition and in addition
thereto, when tenders are called for in accordance with particulars like specification,
drawing pattern, proprietary make denoting product of an individual firm, etc., the
contractor‟s tender to supply in accordance with such particulars shall be deemed to
be an admission on his part that he has fully acquainted himself with the details
thereof and no claim on his part which may arise on account of non-examination or
insufficient examination of the “particulars” should in any circumstances be
considered. The Contractor shall supply the stores in accordance with the
particulars, unless any deviation is authorized as an exceptional case and expressly
specified in the acceptance of tender.

10.5 If a specification and/or drawing exists, then the sealed pattern or certified sample
thereof will govern supply only to the extent of workmanship and finish. If neither a
specification nor a drawing exists, then the sealed pattern or certified sample thereof
will govern supply in all respects. When specification, drawing nor pattern is
available to govern supply, the supply must be quality material, pattern and
workmanship which the purchaser has agreed to and the contractor has undertaken
to supply. And when under these circumstances a contractor‟s sample has been
approved the stores supplied must be equal in all respect to such sample.

Sample

10.6 Where an advance sample is required to be approved under the terms of the contract,
the contractor shall submit the sample to the purchaser within the time specified in
the acceptance of Tender. If the contractor is unable to do so, he must apply
immediately to the Officer issuing the acceptance of tender for extension of time,
stating the reasons for the delay. If the Officer is satisfied that a reasonable ground
for an extension of time exists, he may allow such additional time as he considers to
be justified without altering the delivery period stipulated in the acceptance of
tender. In the event of the failure of the contractor to deliver the advance sample by
the date specified in the acceptance of tender or any other date to which the time
may be extended as aforesaid, the Officer shall be entitled cancel the contract and if
so desired purchase the stores at the risk and cost of the contractor.

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10.7 All samples required for test shall be supplied by the contractor free of cost unless
the contract provides otherwise. Where the sample which is supplied free is rejected
after examination and test, the same or whatever remains of the sample after
examination and test will be returned to the contractor at his cost on request made
within a reasonable time of the date of rejection.

10.8 Packing: The contractor will be held responsible for the stores being sufficiently and
properly packed for transport by rail, road and sea so as to ensure their being free
from loss or injury on arrival at their destination. The packing of the stores shall be
done by and at the expense of the contractor unless otherwise stated in the
acceptance of tender. All packing cases, containers, packing and other similar
materials shall be supplied free by the contractor and the same will not be returned
unless otherwise stated in the acceptance of tender.

Delivery

10.9 The term “delivery” shall mean delivery by the dates specified in the acceptance of
tender of stores which are found acceptable by the purchaser, and not the submission
of stores which are not of the required standard or which are not delivered by due
dates.

Extension of Delivery Period

10.10 The time and the date for delivery of the stores stipulated in the acceptance of tender
shall be deemed to be of the essence of the contract, and delivery must be completed
not later than the dates specified. If the supplier is unable to complete the supply
within the stipulated delivery period for which the supplier is responsible, the
supplier is required to request for extension of delivery period. If the officer is
satisfied that a reasonable ground for an extension of time exists, and if such an
extension is in the interests of Government, he may allow such extension, provided
he is competent to do so. In case the reasons stated by the firm are not acceptable in
public interest, appropriate penalty as the Purchasing Officer deems fit can be
imposed on the firm, for the belated supply. If not, the sanction of the competent
authority should be taken.

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10.11 If the purchase department agrees to extend the contractual delivery schedule, the
same may be done by issue of an amendment to the contract with suitable denial
clauses and with imposition of liquidated damages for delay. The amendment letter
is to mention, inter alia that, in addition to imposition of liquidated damages, no extra
price or additional cost for any reason whatsoever beyond the contractual cost will
be paid to the supplier for the delayed supply; at the same time, if for any reason,
whatsoever the cost of the Stores to be supplied/services to be performed by the
supplier decreases that benefit will be passed on to the purchaser. Supplier‟s
unconditional acceptance of the amendment by a specified date is to be watched and
if the supplier does not agree to accept the amendment letter, further action is to be
taken against the supplier in terms of the contract. Two model amendment letters for
extension of contract delivery period on above lines for Free on Board (FOB)/FAS
(Free Alongside Ship)/CIF (Cost, Insurance and Freight) contract and other forms of
contract are given at Annexures 26& 27.

10.12 Heads of Departments can accept late supplies after recording the reasons therefore
upto three months after the prescribed date of delivery provided no loss on account
of such extension of time is incurred by the Government. For further period in the
case of purchases costing below ` 40 lakh the orders of the Secretary to Government
of the concerned department should be taken and in the case of purchases costing
above ` 40 lakh the proposals should be send to the concerned Departmental
Purchase Committee.

Delay in Supplies for which Supplier is not responsible

10.13 Normally, in the following circumstances, the contractual delivery period needs to be
re-fixed to take care of the lost period, without imposing any penalty to the supplier.

(i) Cases where the manufacture of stores is dependent on the approval of the
advance sample and delay occurs in approving the sample though submitted
by the supplier in time.
(ii) Where extension in delivery period is granted on account of some omission on
the part of the purchaser which affects the due performance of the contract by
the supplier.

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 (iii) Cases where the purchaser controls the entire production, the delivery cannot
be re-fixed to make a contract a „severable‟ contract without the specific
agreement of the supplier, if the delivery originally stipulated in the contract
was in the form of an „entire‟ contract.

Despatch of Stores after expiry of Delivery Period

10.14 As per the contract terms, the supplier is not to supply the Stores when there is no
valid delivery period. In case the supplier makes any supply after expiry of delivery
period, the purchaser/consignee can reject the supplies and inform the supplier
accordingly; the purchaser shall also have the right to cancel the contract (w.r.t.
unsupplied Stores) in terms of the contract. If, however, the purchaser/consignee
requires the Stores (which has been supplied after expiry of the delivery period), the
purchaser may accept the Stores and issue a delivery extension letter with usual Late
Delivery clause and denial clauses, as mentioned earlier, to regularize the
transaction.1

Linkage between Terms of Delivery & Date of Delivery

10.15 Delivery dates in respect of contracts incorporating standard and commonly used
terms of delivery shall be deemed to be as follows:
(i) Terms of Delivery
(ii) Date of Delivery
(iii) Ex-Works: The date the supplier delivers the Stores to the purchaser at its
(supplier‟s) factory/premises.
(iv) FOR, Station of Despatch (FOR stands for Free on Rail): The date on which the
Stores are placed by the supplier on rail with clear RR (Rail Receipt).
(v) FOR, Destination: The date on which the ordered Stores reach the destination
railway station specified in the contract.
(vi) CIP, Destination (CIP stands for Carriage and Insurance Paid): The date on
which the delivery is effected at the destination mentioned in the contract.
(vii) Local Delivery at Site: The date on which the delivery is made at the
consignee‟s site mentioned in the contract.

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 (viii) FAS, port of shipment (FAS stands for Free Alongside Ship): The date on which
the supplier deliver the Stores alongside the vessel at the specified port of
shipment. This date is reflected in the Bill of Lading.
(ix) FOB, port of shipment (FOB stands for Free on Board): The date on which the
supplier delivers the Stores on vessel‟s board at the specified port of shipment.
This date is reflected in the Bill of Lading.
(x) CIF, port of destination (CIF stands for Cost, Insurance and Freight): The date
on which the Stores arrived at the destination port.

NOTE: The FAS, FOB & CIF terms of delivery are applicable for Stores which are
directly imported from foreign countries against the subject contract and not
imported already by the supplier under its own arrangement. The CIP terms of
delivery may be applied both for domestic as well as imported supplies.

Instructions for Transportation of Imported Stores

10.16 As per the general policy of Government of India, all import contracts are to be
concluded on FOB/FAS basis. In case a Department desires any departure from the
above policy including placement of contracts for import of foreign Stores on CIF
Indian Port/CIP Destination Basis, prior permission is required to be obtained from
Ministry of Surface Transport. In case of FOB/FAS contracts, shipping arrangements
shall be made by the Shipping Co-ordination and Chartering Division/Shipping Co-
ordination and Officer, Ministry of Surface Transport, New Delhi, India. Notice
about the readiness of Cargo for shipment shall be given by the supplier from time to
time at least 6 (six) weeks in advance for finalising the shipping arrangement,
through Fax/Telex and courier, to the Chief Controller of Chartering, Shipping Co-
ordination Officer, Ministry of Surface Transport, Government of India, New Delhi.
Within 3 (three) weeks of receipt of the advance notice, as above, the said Chief
Controller of Chartering, Shipping Coordination Officer will advise the supplier,
through Fax/Telex and courier when and on board what vessels, these Stores or such
part thereof are to be delivered. If the advice for shipping arrangement is not
furnished to the supplier within 3 (three) weeks as aforesaid or if the vessel arranged
is scheduled to arrive at the specified port of loading later than 15 (fifteen) days of
the date of readiness of cargo, as aforesaid, the supplier may arrange for such
transport on alternative carriers with the prior written consent of the purchaser.

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 Where the supplier is required under the contract to deliver the Stores on FOB/FAS
basis and to arrange on behalf and at the expense of the purchaser for ocean
transportation on Indian flag vessels or vessels of conference lines in which India is a
member country, the supplier may arrange for such transportation on alternate
carriers if the specified Indian flag vessels or conference vessels are not available to
transport the Stores within the time period(s) specified in the contract, with the prior
written consent of the purchaser. Should the Stores or any part thereof be not
delivered on the nominated vessel (except in case where prior written consent of the
purchaser was obtained), the supplier will be liable for all payments and expenses
that the purchaser may incur or be put to, by reason of such non-delivery including
dead and extra freight, demurrage of vessels and any other charges, whatsoever
incurred by the purchaser. The supplier shall not arrange part-shipments and/or
transshipment without the express/prior written consent of the purchaser. Where
the supplier is required under the contract to deliver the Stores under CIF/CIP
terms, no further restriction shall be placed on the choice of the ocean carrier except
that the shipment shall be made by Indian flag vessel or by vessels belonging to the
conference lines in which India is a member country. The relevant rules etc. for
shipping of imported Stores are contained in the notifications dated 27.02.1996 and
11.02.1998 issued by Ministry of Surface Transport (chartered wing). Copies of the
same are provided at Annexures 24 & 25. Before processing any case for placement
of contract on FAS/FOB/CIF/CIP basis for imported Stores, the purchase
department should check the contemporary government instructions in this regard.

INCOTERMS

10.17 Unless otherwise specifically agreed to by the purchaser and the supplier and
incorporated in the contract, the applicable rules & regulations for transportation of
Stores from foreign countries will be as per the contemporary version of
International Commercial Terms (INCOTERMS) evolved by International Chamber
of Commerce, Paris. INCOTERMS are the official rules for worldwide interpretation
about the duties, obligations, etc. of the buyer and the seller for transportation of the
Stores from seller‟s country to buyer‟s country. INCOTERMS are recognised by the
United Nations Commission on International Trade Law 57 (UNCITRAL) as the

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 global standard for such interpretation. The purchasing Departments, while ordering
Stores for importation from foreign countries, are to take note of the same.

Air Consignment

10.18 As per the extant directive of the Government, airlifting of the imported goods from
abroad will be done only through the National Carrier i.e. Air India wherever
applicable. However, before processing any contract involving import of goods
through air, contemporary instructions in this regard should be followed.

Insurance

10.19 Wherever necessary, the Stores supplied under the contract, shall be fully insured in
a freely convertible currency against loss or damage incidental to manufacture or
acquisition, transportation, storage and delivery in the manner specified in the
contract. If considered necessary, the insurance may be done for coverage on “all
risks” basis including war risks and strike clauses. The amount to be covered under
insurance should be sufficient to take care of the overall expenditure to be incurred
by the purchaser for receiving the Stores at the destination.

Insurance of Imported Stores

10.20 In the case of goods imported from a broad, insurance charges are payable by
Government, when the purchase price includes cost, insurance and freight of the
goods as delivered at any port of entry in the State. In free on board or free alongside
ship contracts insurance charges are payable by Government. In all cases of contracts
where the supplying firm do not undertake insurance at their cost, the purchasing
officer should arrange for insurance himself against risks in transit, such as loss,
damage, etc.

10.21 Insurance is essential in the case of fragile goods, costly machinery, equipment,
delicate machines and instruments and such articles which deteriorate or otherwise
become useless in transit.

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 Insurance on Railways or Lorry Transport or Inland Water Transport

10.22 When the terms of delivery accepted by the purchasing officer are ex-factory or ex-
godown or free on rail/free on board place of dispatch, the charges for onward
transmission including freight and insurance have to be borne by Government.
Insurance of articles supplied from sources in India is optional, but in all cases in
which damage is likely, insurance is advisable.

Distribution of Despatch Documents for Clearance/Receipt of Stores

10.23 The supplier shall send all the relevant despatch documents well in time to the
purchaser to enable the purchaser clear or receive (as the case may be) the Stores in
terms of the contract. Necessary instructions for this purpose are to be incorporated
in the contract. The usual documents involved and the drill to be followed in general
for this purpose are as follows:

For Domestic Stores

10.24 Within 24 hours of despatch, the supplier shall notify the purchaser, consignee and
others concerned, the complete details of despatch and also supply following
documents by registered post/speed post (or as instructed in the contract):

(i) Supplier‟s Invoice indicating, inter alia description and specification of the
Stores, quantity, unit price, total value;
(ii) Packing list;
(iii) Certificate of country of origin;
(iv) Insurance certificate;
(v) Railway receipt/Consignment note;
(vi) Manufacturer‟s guarantee certificate and in-house inspection certificate;
(vii) Inspection certificate issued by purchaser‟s inspector and
(viii) Any other document(s) as and if required in terms of the contract.

For Imported Stores

10.25 Within 24 hours of despatch, the supplier shall notify the purchaser, consignee and
others concerned, the complete details of despatch and also supply following
documents by air mail/courier (or as instructed in the contract):

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 (i) Supplier‟s Invoice giving full details of the Stores including quantity, value,
etc.;
(ii) Packing list;
(iii) Certificate of country of origin;
(iv) Manufacturer‟s guarantee and Inspection certificate;
(v) Inspection certificate issued by the Purchaser‟s Inspector;
(vi) Insurance Certificate;
(vii) Name of the Vessel/Carrier;
(viii) Bill of Lading/Airway Bill;
(ix) Port of Loading;
(x) Date of Shipment;
(xi) Port of Discharge & expected date of arrival of Stores and
(xii) Any other document(s) as and if required in terms of the contract.

Installment Delivery

10.26 The Stores ordered in a contract to be delivered by installments may be an “entire”

contract or a “severable” contract as per illustrations given below:

(i) Entire Contract: Total number of units of the required Stores is 100.
Delivery Schedule: Delivery to commence after 30 days of placement of
contract and to be completed within 4 months @ 25 units per month i.e.,
completion by 30.06.2006 or earlier.
(ii) Severable Contract: Total number of units of the required Stores is 100.
Delivery Schedule: 25 units by 31.03.2006; 25 units by 30.04.2006; 25 units by
31.05.2006; 25 units by 30.06.2006. In the case of a severable contract, each
instalment constitutes a separate contract and extension in delivery period, if
needed is to be done for each installment separately. If Stores are accepted after
expiry of the delivery date of a particular installment without extension in
delivery period being given with reservation of right to liquidated damages
etc., the purchaser will not be legally entitled to claim the liquidated damages
etc. Therefore, in case of severable contract, the purchaser should watch
delivery position of each installment as per the specified date for that
installment, and, whenever necessary, extend the corresponding date for the
installment in question or cancel that installment, in which there is delay in
supply.

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 Force Majeure

10.27 Force Majeure means an event beyond the control of the supplier and not involving
the supplier‟s fault or negligence and which is not foreseeable. Such events may
include, but are not restricted to, acts of the purchaser either in its sovereign or
contractual capacity, wars or revolutions, hostility, acts of public enemy, civil
commotion, sabotage, earthquake, fires, floods, explosions, epidemics, quarantine
restrictions, strikes, lockouts, and freight embargoes. If there is delay in performance
or other failures by the supplier to perform its obligation under its contract due to
event of a Force Majeure, the supplier shall not be held responsible for such
delays/failures.

10.28 If a Force Majeure situation arises, the supplier shall promptly notify the purchaser
in writing of such conditions and the cause thereof within twenty one days of
occurrence of such event. Unless otherwise directed by the purchaser in writing, the
supplier shall continue to perform its obligations under the contract as far as
reasonably practical, and shall seek all reasonable alternative means for performance
not prevented by the Force Majeure event. If the performance in whole or in part or
any obligation under this contract is prevented or delayed by any reason of Force
Majeure for a period exceeding sixty days, either party may at its option terminate
the contract without any financial repercussion on either side. There may be a Force
Majeure situation affecting the purchase department only. In such a situation the
purchase department is to take up with the supplier on similar lines as above for
further necessary action.

Remedies to Purchaser for delay in Supply/Non-Supply for which Supplier is

responsible

10.29 The purchaser has the following options depending upon the circumstances of the
case:
(i) Extend the delivery with imposing of liquidated damages and other denial
clauses
(ii) Forfeit the performance security
(iii) Cancel the contract
(iv) Impose other available sanctions/penalties

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 Liquidated Damages

10.30 There should be a suitable provision in the terms & conditions of the contract for
claiming liquidated damages of appropriate amount from the supplier to take care of
delays in supplies and performance, for which the supplier is responsible. Such
recovery through liquidated damages should be without prejudice to the other
remedies available to the purchaser under the terms of the contract. Depending on
the nature and value of the Stores to be ordered and the urgency of the requirement,
a specific percentage of the delivered price of the delayed Stores (or delayed services)
for each week or part thereof delay, is to be incorporated in the contract terms.
Generally, the percentage is 0.5% per week or part thereof. There should also be an
appropriate maximum limit of such deduction, to be shown as a specific percentage
of the contract value of delayed supplies/services and incorporated in the contract
terms. This percentage is generally 10%. Any lower ceiling should be clearly justified
while formulating the contract.

10.31 If the contractor fails to deliver all or any of the stores or perform the service within
the time/period(s) specified in the contract, and do not intimate the purchase officer
satisfactory reasons for the same or apply for extension of delivery period, the
purchaser shall without prejudice to its other remedies under the contract, deduct
from the contract price as liquidated damages, a sum equivalent to 0.5% to 1% of the
delivered price of the delayed stores or unperformed services for each week of delay
until actual delivery or performance, upto a maximum deduction of 10% of the
contract prices of the delayed stores or services. Once the maximum is reached, the
purchaser may consider termination of the contract at the risk and cost of the
contractor.

Token Liquidated Damages

10.32 There may be situations when charging full Liquidated Damages may not be justified
as the reasons for delay in delivery by the supplier may be largely due to
circumstances well beyond under his control but nevertheless these may not
considered adequate to waive off liquidated damages altogether or there may be
such deficiencies in service for which quantification may not be feasible and no other
remedy may be available. In such cases, Token Liquidated Damages upto 10% of the

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 normal Liquidated Damages may be imposed by the Competent Authority.
Stipulations to this effect, prescribing the kind of deficiencies and scale of Token
Liquidated Damages chargeable should be clearly brought out in the tender
documents. This provision should be consistent with the provisions of Performance
Security (para 8.17 to 8.30 of this Manual).

Performance Notice

10.33 A situation may arise where the supply/services has not been completed within the
stipulated period due to negligence/fault of the supplier; however the supplier has
not made any request for extension of delivery period but the contracted
Stores/services are still required by the purchaser and the purchaser does not want
to cancel the contract at that stage. In such a case, a Performance Notice (also known
as Notice-cum-Extension Letter) may be issued to the supplier by suitably extending
the delivery date and by imposing liquidated damages with denial clauses, etc., on
identical lines as in para 10.30 above. Supplier‟s acceptance, etc. of the performance
notice and further action thereof should also be processed in the same manner as
mentioned above. The text of the Performance Notice will be on similar lines to the
model extension letters available at Annexures 26 & 27 with suitable modifications as
required. First two paragraphs of a model Performance Notice is given at Annexure
28.

Correspondence with the Supplier after Breach of Contract

10.34 The purchaser or its authorized representative is not to enter into correspondence
after expiry of the delivery date stipulated in the contract because such a
correspondence will make the contract alive. This situation will not allow the
purchaser to cancel the contract straight away without first serving a performance
notice to the supplier. However, even after expiry of the delivery period of the
contract, the purchaser may obtain information regarding past supplies, etc., from
the supplier, simultaneously making it clear to the supplier that calling of such
information is not intended to keep the contract alive and it does not amount to
waiving the breach and that it is without prejudice to the rights and remedies
available to the purchaser under the terms of the contract. A model communication

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 which may be issued by the purchaser to ascertain the supply position, etc., after
expiry of the delivery period is given at Annexure 29.

Cancellation of Contract for Default

10.35 The purchaser may, without prejudice to any other remedy for breach of contract, by
written notice of default sent to the supplier, terminate the contract in whole or in
part:
(i) if the supplier fails to deliver any or all of the stores within the time period(s)
specified in the contract, or any extension thereof granted by the Purchaser; or
(ii) if the supplier fails to perform any other obligation under the contract within
the period specified in the contract or any extension thereof granted by the
purchaser.

10.36 In the event the purchaser terminates the contract in whole or in part; the purchaser
may take recourse to any one or more of the following action.

(i) the Performance Security is to be forfeited;

(ii) the purchaser may procure, upon such terms and in such manner as it deems
appropriate, stores similar to those undelivered, and the supplier shall be liable
for all available actions against it in terms of the contract.
(iii) however, the supplier shall continue to perform the contract to the extent not
terminated.

Termination of Contract for insolvency

10.37 If the supplier becomes bankrupt or otherwise insolvent, the purchaser may, at any
time, terminate the contract, by giving written notice to the supplier, without
compensation to the supplier provided that such termination will not prejudice or
affect any right of action or remedy which has accrued or will accrue thereafter to the
purchaser.

Termination of Contract for Convenience

10.38 After placement of contract, there may be some unforeseen situation compelling the
purchaser to cancel the contract. In such a case, the purchaser is to send a suitable
notice to the supplier for cancellation of the contract, in whole or in part, for its
(purchaser‟s) convenience, inter alia, indicating the date with effect from which the

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 termination is to become effective. Suitable provisions to this effect are to be
incorporated in the tender document as well as in the resultant contract.

Claims in respect of Imported Stores Lost or Damaged

10.39 Purchasing Officers should see that in the case of loss or damages of imported stores,
claims are promptly made against the shippers, the landing and clearing contractors
or the suppliers, according to circumstances or the Marine Insurance Company. A
loss will be chargeable against Marine Insurance only when the responsibility for the
loss or damage cannot be fixed on the shippers, the landing contractors or the
suppliers and recoveries should be made accordingly. In any case, loss or damage
has to be reported promptly to the authorities concerned.

10.40 The report of loss or damage should show the particulars contained in the
instructions in the packing account viz., description of stores, details of numbers and,
where necessary sizes and quantities, and when articles are missing the gross
weights of packages as received. In all cases where defects noticed can be rectified
locally the probable cost of such local repairs should be specified. The “details of
recoveries” already effected or proposed to be effected should also be mentioned. If
no recovery has been made the fact and reasons therefore should also be reported.

10.41 Marine Insurance does not cover risks after the moment when the stores leave the
Ship‟s side i.e., during landing, and it is, therefore, essential that brittle stores such as
stoneware, pipes, R.C. pipes, glassware etc. should be landed at places of safety.
Such stores should be landed at the ports only when the risk of breakage is at a
minimum. Indenting Officers should clearly indicate in their indents whether any of
the indented articles should be so delivered.

10.42 In all cases in which stores from foreign countries are purchased, arrangements shall
be forwarded at the earliest possible date to receiving agents or clearing agents if
such agents are appointed; one set will be caused to be similarly sent to the indenting
officer and the third set to the Secretary, Stores Purchase Department or the Head of
the Department. On receipt of the shipping documents, the indenting officer will
issue necessary instructions to the receiving agents in the matter of transmission of
packages etc., copies of such correspondence being simultaneously forwarded to the
Secretary, Stores Purchase Department or the Head of the Department.

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 CHAPTER 11
QUALITY CONTROL AND INSPECTION OF ORDERED STORES

Introduction

11.1 Before accepting the ordered Stores, it must be ensured that the Stores have been
manufactured as per the required specifications and are capable of performing the
functions as specified in the contract. To achieve the same, the tender document and
the subsequent contract should specify the details of inspection and tests to be
carried and stages and manner for carrying out the same. When required (stores of
sophisticated nature, machinery, equipment, etc.), the inspections and tests should be
carried out by the technically qualified and competent personnel. If the purchasing
Department does not have such qualified personnel, it may engage competent
professionals from outside agencies. The Officer authorized to receive stores should
himself verify the articles received with reference to the approved samples if any and
take them to stock soon after they are received. Any article which is not new, or
which does not conform to standard specification or to approved samples or which is
different from those ordered for or which is damaged or defective in any respect
should not be accepted.

11.2 Stores which arrive by ship or railway or any other mode of transport should be
taken delivery of immediately after arrival to avoid demurrage etc. Sanction of
Government is necessary to pay demurrage, subject to however, the powers
delegated to the Purchasing Officers.

11.3 Any loss, shortage or damage or any defects noticed on checking stores should be
promptly brought to the notice of all concerned. Any claim for loss etc., should be
preferred on the suppliers or transporting agents or insurance company as the case
may be, immediately after the stocks are received.

Stages and Modes of Inspection

11.4 The stages and modes of inspection will depend on the nature of the Stores, total
value of the contract, location of the supplier, location of the user, etc. Usually,
following types of inspection are adopted:

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 (i) Pre-despatch Inspection: This type of inspection is conducted during the
manufacturing process (which is known as Stage Inspection) and on the
finished products before despatch of the Stores from supplier‟s premises.
(ii) Inspection of Stores on receipt at consignee’s / user’s site: Such inspection is
done on receipt of Stores at site before accepting the same.
(iii) Inspection after Installation & Commissioning of the equipment at site: This
method is adopted to check the performance and output of the equipment/
machinery after the same is commissioned at site.

Inspection Procedure

11.5 The inspection procedure will be as per the provisions contained in the contract.

11.6 After satisfactory inspection and tests, the acceptable Stores shall be stamped,
labelled, marked or sealed, according to the circumstances in such a way as to make
subsequent identification of accepted lots easy for the consignee/user. For Stores, not
meeting the contract requirements the rejection inspection notes shall be issued
immediately. A time limit shall be fixed for issue of inspection documents. Facsimile
of the inspection stamps and their position should be put on the inspection notes to
help identifying the inspected Stores at the consignee's end.

11.7 Departmental instructions should be followed in this regard. Departmental

instructions should invariably prescribe that paying authorities will keep a record of
specimen signature of authorized Inspecting Authorities for verifying the same with
the signature in the inspection note while authorizing payment.

Inspection Document

11.8 Inspection notes in the form prescribed by the Department shall be issued in
significance of the acceptance of the Stores. Inspection note should have provision for
entering consignee‟s receipt certificate (confirming receipt of Stores) on it.
Consignee's receipt certificate portion of the inspection notes shall be filled by the
consignee after receipt of the Stores, verification of quantity and inspection marks on
the accepted Stores and taking the supplies in its stocks, signifying its (i.e.
consignee‟s) acceptance. Inspection note shall also indicate the validity period, by
which period the supplier must despatch the accepted Stores to the consignee in

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 terms of the contract. The number of copies of the inspection notes and their
distribution for different types of inspections will be as prescribed by the
Department. Each inspection note issued shall invariably bear the name, stamp with
designation and code No. of the officer authorized to sign and issue inspection
documents.

Outside Testing Laboratories

11.9 Sometimes it becomes necessary for the purchase department to conduct type test,
acceptance test or special test at outside laboratories, when facilities for these tests
are not available in-house with the supplier or carrying out of confirmatory tests is
considered desirable before accepting the Stores. Purchasing department should
draw up a list of approved laboratories for this purpose, to whom the samples drawn
from the lots offered by the supplier can be sent for tests. The list should also contain
approved laboratories, which can be used as referral/appellate laboratories for retest,
when samples tested at one laboratory are decided to be re-tested. The Department
shall lay down a Liability Statement for cost of samples expended in tests, despatch
of samples, transportation costs, test charges etc. in respect of samples tested at
outside laboratories as applicable in various situations. In cases where the samples
are to be tested at supplier‟s cost on account of non-availability of their own testing
arrangements, the responsibility of depositing the testing fee, etc. would rest with the
supplier.

Handling of Inspection Stamps/Inspection Documents

11.10 Each Inspecting Officer shall be supplied with Acceptance stamps, Lead Seals, Pliers,
Rubber Stamps, Stencils, Labels, Stickers, Holograms, etc., according to the
requirements, for sealing and marking the inspected Stores in terms of the contract.
He will be responsible for safe keeping of these articles and shall ensure that they are
not misused by unauthorized persons. Unserviceable Seals, Pliers, Stamps, stickers,
Holograms etc. shall be returned to the concerned issuing official. The Purchasing
Department shall lay down detailed guidelines covering all these aspects, with the
approval of Stores Purchase Department.

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 Custody of Inspection Notes

11.11 For reasons of security and to avoid irregular or incorrect issue, the inspection notes
should be machine numbered and wherever possible different colour copies marked
for each user. An account of the inspection notes issued with serial number wise
details shall be maintained in an appropriate register. The Purchasing department
should also develop a foolproof system to avoid any fraudulent and unauthorized
use of the inspection notes, with the approval of Stores Purchase Department.

Inspection of Stores tendered at the fag end or on the last date of the Contract
Delivery period

11.12 As far as possible, the inspection should be commenced and finished and inspection
notes issued during the validity period of the contract so that the contract is not kept
alive after expiry of delivery period. In cases where the supplier offers stores for
inspection during the last few days of the contract delivery period or even on the last
day of the contract delivery period, efforts should be made by the Inspecting Officer
to commence the inspection before the expiry of the delivery period. In cases where it
is not possible to commence/conclude the inspection before the expiry of the
delivery period, the Inspecting Officer should immediately on receipt of the
intimation or request for inspection of the stores, bring to the notice of the supplier
orally as well as in writing that the stores have been submitted for inspection at the
very late stage and that it is not possible to commence/conclude the inspection
before the expiry of the delivery period.

11.13 The supplier should also be informed that the Stores offered for inspection will,
however, be inspected till the completion of the inspection which can be after the
expiry of the delivery period and such an inspection continuing after the expiry of
the delivery period is neither intended nor is to be construed as keeping the contract
alive. The Inspecting Officer should invariably issue such notice to avoid the
contract being kept alive after the expiry of the delivery period. In a case, where the
inspection is commenced before the expiry of the delivery period and the Inspection
Note is issued after the expiry of the delivery period, the Inspection Note, whether
accepting or rejecting the Stores, shall be duly franked as per the standard franking
clause as given below as an abundant precaution against keeping the contract alive:

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 a) Franking Clause to be adopted in the case of Acceptance of Stores

“The fact that the Stores have been inspected after the delivery period and passed by
the Inspecting Officer will not have the effect of keeping the contract alive. The Stores
are being passed without prejudice to the rights of the purchaser under the terms
and conditions of the contract.”

b) Franking Clause in the case of Rejection of Stores

“The fact that the Stores have been inspected after the delivery period and rejected
by the Inspecting Officer will not bind the purchase in any manner. The Stores are
being rejected without prejudice to the rights of the purchaser under the terms and
conditions of the contract.”

Acceptance of Stores against Supplier’s In-house Inspection Report and Warranty

11.14 In case of Stores to be imported from abroad, pre-despatch inspection of Stores at

supplier‟s premises involves considerable expenditure to the purchaser. In such a
situation, the purchaser may substitute pre-despatch inspection by its own inspector
with manufacturer‟s in-house inspection report and warranty. However, before
adopting this procedure, the nature and cost of the Stores ordered, the reputation of
the supplier, etc. should also be kept in view and appropriate decision taken. For
checking the reputation and background of the supplier, the purchase department
may also request the Indian Embassy located in that country for a report on the
technical and financial competence of the firm. Further, trustworthy publications like
„Thomas Register‟, „Dun and Brad Street Register‟, etc. are also available in USA and
Europe which provide authentic technical & financial data and details of the
manufacturing companies located in those countries. Such publications may also be
referred to this purpose.

Purchaser’s Right of Rejection

11.15 Purchaser has the right to reject the Stores on receipt at site during final inspection
though the Stores have already been inspected and cleared at pre-despatch stage by
the purchaser‟s inspector. However, such rejection should be strictly within the

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 contractual terms & conditions and no new condition should be adopted while
rejecting the Stores during final inspection.

Acceptance of Stores vis-à-vis Warranty Provisions

11.16 Stores accepted by the purchaser at initial inspection and in final inspection in terms
of the contract shall in no way dilute purchaser‟s right to reject the same later, if
found deficient in terms of the warranty clause of the contract.

Joint Investigation against Complaints relating to Quality of Stores

11.17 In case a written complaint is received from the supplier disputing rejection of Stores
by the purchaser‟s inspecting officer, the same should be jointly investigated by a
team consisting of an authorized representative of the purchase department, a senior
representative of the inspecting agency, who is well conversant with the Stores and
an authorized representative of the supplier. Detailed procedure to be followed in
this regard and the format of the joint inspection report (to be signed by all the team
members) are to be prescribed by the purchasing Department and the matter
processed accordingly for further necessary action.

Measures to curb the menace of counterfeit and refurbished IT products

11.18 The CVC has issued advisory checkpoints to identify fraudulent practices in the
supply of computer hardware and software and help guard against spurious and
refurbished/duplicate/second hand components/parts/assembly/software being
received by purchasers and consignees who may not have much technical
knowledge. The advisory may be followed in the State, except in the case of
Operating System (refer CVC Order No.007/CRD/008 (Circular No. 07/02/08),
dated the 15th February 2008, in Appendix).

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 CHAPTER 12
ELEMENTS OF PRICE AND TERMS OF PAYMENT

Introduction

12.1 The elements of price included in the quotation of a tenderer depend on the nature of
the Stores to be supplied and the allied services to be performed, location of the
supplier, location of the user, terms of delivery, extant rules and regulations about
taxes, duties, etc. of the seller‟s country and the buyer‟s country.

12.2 In case of indigenous Stores, the main elements of price are raw material price,
production cost, overhead, packing & forwarding charges, margin of profit, transit
insurance, excise duty and other taxes and duties as applicable.

12.3 In case of imported Stores, in addition to similar elements of price as above (other
than excise duty and taxes), there may be elements of custom duty, import duty,
landing and clearing charges and commission to Indian agents. Further, depending
on the nature of the Stores (whether domestic or imported), there may be cost
elements towards installation & commissioning, operator‟s training etc. It is,
therefore, necessary that, to enable the tenderers to frame their quotations properly
in a meaningful manner, the tender documents should clearly specify the desired
terms of delivery and, also the duties and responsibilities to be performed by the
supplier in addition to supply of Stores. Where the price has several components like
price of the Stores, costs for installation & commission, operators‟ training etc. the
tenderers should be asked to furnish the cost break-up indicating the applicable
prices for each such component (as specified and desired in the tender enquiry
document) along with the overall price.

Firm Price vis-à-vis Variable Price

12.4 For short term contracts where delivery period does not extend beyond 18 months,
contract should be concluded with firm and fixed price by inviting tenders
accordingly. Where it is decided to conclude the contract with variable price, an
appropriate clause incorporating, inter alia, suitable price variation formula should
also be provided in the tender enquiry documents. In the price variation clause, the

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 price agreed upon should specify the base level viz, the month and year to which the
price is linked, to enable variations being calculated with reference to the price levels
prevailing in that month and year. A formula for calculation of price variation that
has taken place between the base level and the scheduled delivery date is to be
included in the price variation clause. The variations are to be calculated by using
indices published by Governments/Chamber of Commerce periodically. Suitable
weights are to be assigned to the applicable elements viz. fixed overheads & profits,
material and labour in the price variation formula. If the production of the Stores
needs more than one raw material, then the input cost of material may be further
sub-divided for different categories of material, for which cost indices are published.
The price variation formula is also to stipulate a minimum percentage of variation of
the contract price, only above which the price variation will be admissible (e.g.,
where the resultant increase is lower than, say, 2% of the contract price, no price
adjustment will be made in favour of the supplier).

12.5 The price variation formula, as and if necessary, should be formulated by a

competent authority before incorporating the same in the tender enquiry document.

Exchange Rate Variation (ERV)

12.6 In case of a contract involving substantial import content(s) and having a long
delivery period (exceeding one year from the date of contract), an appropriate
Foreign Exchange Variation clause may be formulated by the Stores Purchase
Department in consultation with the Finance Department, as needed, and
incorporated in the Tender Enquiry Document. In that clause, the tenderers are to be
asked to indicate import content(s) and the currency(ies) used for calculating the
value of import content(s) in their total quoted price, which (i.e. the total quoted
price) will be in Indian Rupees. The tenderers may be asked to indicate the Base
Exchange Rate for each such foreign currency used for converting the foreign
exchange content into Indian Rupees and the extent of foreign exchange rate
variation risk they are willing to bear. To work out the variation due to changes (if
any) in the exchange rate(s), the base date for this purpose can be the due date of
opening of tenders. The variation may be allowed between the above base date and
the date of remittance to the foreign principal. The applicable exchange rates as

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 above will be according to the Trade Terms Selling Rates of Exchange as quoted by
authorized Exchange Bankers approved by the Reserve Bank of India on the dates in
question. No variation in price in this regard will be allowed if the variation in the
rate of exchange remains within the limit of plus/minus 5 percent. Any increase or
decrease in the Customs Duty by reason of the variation in the rate of exchange in
terms of the contract will be to the buyer‟s account. In case delivery period is
refixed/ extended, ERV will not be admissible, if this is due to default of the
supplier. The purchase department may formulate an appropriate ERV clause on
similar lines as above in consultation with their Finance Wing.” The following
documents should be furnished by the supplier for claiming ERV:

(i) A bill of ERV claim enclosing working sheet

(ii) Banker‟s Certificate/debit advice detailing foreign exchange paid, date of
remittance and exchange rate
(iii) Copies of import order placed on supplier
(iv) Invoice of supplier for the relevant import order

Duties and Taxes on Domestic Stores

12.7 The duties and taxes including excise duty and VAT levied by the Government on
domestic Stores vary from product to product. As a general policy, the statutory
variations in such duties & taxes are to be allowed during the period from the date of
tender to the date of acceptance of the tender (i.e. placement of contract) and during
the original/re-fixed delivery period of the contract so that both the supplier and
purchaser are equally compensated for rise or fall in the prices of the Stores on
account of such statutory variations. (Note: Re-fixed delivery period means the fresh
delivery period which is arrived at by recasting the original contractual delivery
period after taking care of the lost period, for which the supplier was not responsible.
In the tender enquiry conditions, the tenderers, wherever applicable, should be asked
to specifically state in their offer whether they intend to ask for the duties and taxes
as extra over and above the prices being quoted. In the absence of any indication to
this effect by the tenderers, it is to be assumed that the prices quoted include these
elements and no claim for the same will be entertained after opening of tenders and
during the currency of the resultant contract. However, where the tenderer in its

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 quotation mentions that the prices are exclusive of statutory duties & taxes and the
same will be payable extra, this condition should be incorporated in the resultant
contract in clear terms. At times, the tenderer, in its tender, mentions that its
quotation includes current rates of taxes and duties as applicable and that statutory
variations, if any at the time of supply, will be applicable. This condition may be
acceptable. However, correctness of the taxes and duties quoted by a tenderer as
applicable during that period is to be verified while considering its tender. Also, only
statutory variations, and not any other type of variations are allowed.

NOTE: VAT is not leviable on transactions of sale in the course of import. Categories
of cases constituting sale in course of Import are:

a) Where the movement of Stores from the foreign country to India is occasioned
directly as a result of the sale.
b) Where there is a privity of contract between the foreign supplier and the
purchase department.
c) Where the Indian supplier acts as the agent of the foreign manufacturer in the
agreement of the sale.

Levies of Local Bodies

12.8 The Stores supplied against contracts placed by Departments are generally exempted
from Levies of local bodies. The suppliers should be informed accordingly by
incorporating suitable instructions in the tender enquiry document and in the
resultant contract. Wherever required, the suppliers should obtain the exemption
certificate from the purchase department to avoid payment of such levies and taxes.
In case, where the municipality or the other local bodies insist upon such payments
(in spite of purchase department‟s exemption certificate), the supplier should make
the payment to avoid delay in supplies and forward the receipt of the same to the
purchase department for reimbursement and, also, for further necessary action by
the purchase department.

Custom Duty on Imported Stores

12.9 In respect of imported Stores, the tenderers shall also specify separately the total
amount of custom duty included in the quoted price. The tenderers should also

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 indicate correctly the rate of custom duty applicable for the Stores in question and
the corresponding Indian Customs Tariff Number. Where customs duty is payable,
the contract should clearly stipulate the quantum of duty payable etc. in
unambiguous terms. The standard clauses to be utilized for this purpose are to be
incorporated in the tender enquiry documents. The Government of India has allowed
exemption from payment of customs duty in respect of certain types of Stores for use
by the following organizations:

(i) Scientific and technical instruments imported by Research Institutes.

(ii) Hospital equipment imported by Government Hospitals.
(iii) Consumable Stores imported by a public funded Research Institution or a
University.

12.10 However, to avail of such exemptions, the organizations are required to produce
“Custom Duty Exemption” certificate and “Not Manufactured in India” certificate at
the appropriate time. The relevant contemporary instructions covering these aspects
should be incorporated in the tender enquiry document and in the resultant contract.

Duties/Taxes on Raw Materials

12.11 The purchaser is not liable to any claim from the supplier on account of fresh
imposition and/or increase (including statutory increase) of excise duty, custom
duty, sales tax etc. on raw materials and/or components used directly in the
manufacture of the contracted Stores taking place during the pendency of the
contract, unless such liability is specifically agreed to in terms of the contract.

Terms of Payment for Imported Stores

12.12 Cases where Installation, Erection and Commissioning (if applicable) are not the
responsibility of the Supplier – 100 % net FOB/FAS price is to be paid against
invoice, shipping documents, inspection certificate (where applicable),
manufacturers‟ test certificate, etc.

12.13 Cases where Installation, Erection and Commissioning are the responsibility of
the Supplier – 80% - 90% net FOB/FAS price will be paid against invoice, inspection
certificate (where applicable), shipping documents etc. and balance within 21 - 30

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 days of successful installation and commissioning at the consignee‟s premises and
acceptance by the consignee.

12.14 Payment of Agency Commission against FOB/FAS Contract – Entire 100% agency
commission is generally paid after all other payments have been made to the
supplier in terms of the contract.

Payment of Air Freight Charges

12.15 Stores that are required to be air lifted are to be despatched through Air India/Indian
Airlines only on a `Charge forward basis'. All air freight charges, which are shown
on the relevant consignment note as chargeable to the consignee, are to be paid to Air
India/Indian Airlines in Rupees.

Advance Payment to Supplier

12.16 Ordinarily, payments for supplies made or services rendered should be released to
the supplier only after the supplies have been made or services have been rendered.
However, it may become necessary to make advance payments in the following
types of cases: -
(i) Advance payment demanded by firms holding maintenance contracts for
servicing of Air-conditioners, computers, other costly equipment, etc.
(ii) Advance payment demanded by firms against fabrication contracts, turn-key
contracts, etc.
Such advance payments should not exceed the following limits:
a) Thirty per cent of the contract value to private firms;
b) Forty per cent of the contract value to a State or a Public Sector Undertaking;
c) In case of maintenance contract, the amount should not exceed the amount
payable for six months under the contract.

12.17 In exceptional cases, the Departments may, in consultation with Finance Department,
relax the ceilings mentioned above. However, while making any such advance
payment, adequate safeguards in the form of bank guarantee etc. should be obtained
from the supplier. Further, such advance payments should be generally interest
bearing, suitable percentages for which are to be decided on case to case basis.

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 Documents for Payment

12.18 The documents, which are needed from the supplier for release of payment, are to be
clearly specified in the contract. The paying authority is also to verify the documents
received from the supplier with corresponding stipulations made in the contract
before releasing payment. The important documents, which the supplier is to furnish
while claiming payment, are:

(i) Original Invoice

(ii) Packing List
(iii) Certificate of country of origin of the Stores to be given by the seller or a
recognized Chamber of Commerce or other agency designated by the local
Government for this purpose.
(iv) Certificate of pre-despatch inspection by purchaser‟s representative
(v) Manufacturer‟s test certificate
(vi) Certificate of Insurance
(vii) Bill of lading/Airway bill/Rail receipt or any other despatch document, issued
by a government agency (like the Department of Posts) or an agency duly
authorized by the concerned Department.
(viii) Product is new, un-used and also meets the other relevant contractual
requirements. While claiming payment, the supplier is also to certify in the bill
that the payment being claimed is strictly in terms of the contract and all the
obligations on the part of the supplier for claiming this payment has been
fulfilled as required under the contract. There should also be a suitable
provision for verification of the authenticity of the person signing the invoice
etc. for claiming the payment.

Modes of Payment

Payment for Stores Purchased In India

12.19 As a general rule payment for supplies is not permissible unless stores have been
received, verified and taken to stock and provision for the observance of this rule
should ordinarily be made in all contracts for the supply of goods.

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12.20 Payment prior to verification of quantity and quality of material is permissible only
in very exceptional cases in which the operation of the rule in the above paragraph
might result in hardship, as for example when costly stores are ordered from a
distant firm and delay in payment is anticipated. In such cases a part of the cost of
the consignments not exceeding 90 percent to a distant firm may be paid in advance
on receipt of the railway receipt for despatch or bill of lading provided the firm or
contractor is of well-known standing and provided a security bond is taken
beforehand, with the contractor or firm to secure Government against all loss in the
event of materials being found short or defective on checking. A standard form of
security bond is given in Annexure 30. The said security bond is chargeable with
stamp duty as provided in Article 50 of the Schedule to the Kerala Stamp Act, 1959
(Act 17 of 1959) as amended from time to time which is given as Annexure 31.

12.21 In very exceptional cases, payment up to the full value against proof of despatch may
be made with the prior sanction of Government subject to the conditions mentioned
in 12.9 above. Heads of Departments may however effect 100 per cent payment in
very exceptional cases provided the amount involved is less than ` 50000/- and
subject to the conditions mentioned in 12.9 above.

12.22 The Officer who maintains the stock register must himself receive new stock.
Whenever a new purchase had been sanctioned and the bill for drawing the money
required is ready, it must be forwarded to the officer entrusted with the maintenance
of the stock register, who should certify on the office copy of the bill that the new
purchase in question has been duly taken on to the stock account. In those rare cases
in which, it is not possible to receive stock before payment is made, e.g. when articles
are received by rail, or post and payment is made against documents, the officer-in-
charge of stock accounts should verify the new stock on receipt and furnish a
certificate of verification which should be filed with the office copy of the bill
concerned.

12.23 Payment should be made immediately after the stores are taken to stock. In no case
should the payment be delayed for more than two months from the date or receipt of
stores. If in any case delay in payment is anticipated, the paying officer should
intimate the supplier concerned the reasons for such delay. It is important that
payment of bills should be made as expeditiously as possible after their presentation,

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 as otherwise claims for interest might arise ending in litigation. Also, firms have to
incur some expenditure for financing a transaction and to the extent they are able to
effect a saving of financing cost by getting prompt payment, they would be able to
pass on the saving to the purchaser. Inordinate delays in payment affect the fair
name of the administration and the firms also tend to quote harsher terms and higher
prices where they anticipate delay. Prompt payment is, therefore, very important in
bringing about economy in purchases.

NOTE: In the case of MSME units the payment should be effected within 30 days,
from the date of receipt of stores.

12.24 The firms will produce stamped pre-receipted invoices in all cases where payments
(advance/final) for release of railway receipts/shipping documents are made
through banks. In exceptional cases where the stamped receipts of the firms are not
received for the payments (in advance) the unstamped receipt of the bank (i.e.,
counterfoils of payment-in-slips issued by the bank) alone may be accepted as a valid
proof for the payment made.

Payment to Foreign Suppliers

12.25 Payments to foreign suppliers should be made in rupees in India. Payment in any
other currency and in any other country requires prior sanction of Government. The
payments may be effected as per the provisions given below:

(i) Payment to firms abroad is made by the Accountant General through the State
Bank of India or any other Bank on production of invoices, etc., supported by
the certificates of the inspection agents if any. The invoice received by the
Purchasing Officer will be transmitted to the Accountant General after
countersignature by competent authority with the stock certificates and the
head of debit noted thereon.

(ii) Payment for supplies arranged by India Store Department, London or the India
Supply Mission, Washington will be made in accordance with the terms of
payment agreed to by those bodies with the contractors. All such payments
will be arranged by the Accountant General.

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(iii) In respect of foreign orders in which payment of a portion or full value of the
articles against shipping documents or on arrival of the goods at the port is
stipulated in the contract, under proper authority, such payments will be
authorized by the Accountant General immediately on receipt of information
from the purchasing officer that the documents have been received by the bank
from the suppliers or that the goods have arrived at the port. The balance
value, if any, will be arranged to be paid on receipt by the Accountant General
on a requisition from the purchasing officer with the necessary certificates in
the invoice.

(iv) In the case of balances withheld in the first instance from the firms‟ invoices
and which have to be authorized for payment after verification of the materials
by Departments, the Officers concerned should see that the materials are
verified immediately on receipt and that requisitions to the Accountant General
for the payment of the balances withheld are issued not later than a month
from the date of receipt of the materials.

(v) In cases in which there is no agreement regarding payment in advance,

payment will be arranged only after the articles have been actually received
and brought to account.

(vi) In the case of advance payment to be made with order or during the course of
manufacture or before despatch of materials the prior sanction of Government
is necessary.

(vii) Since payments in any foreign currency require the sanction of the Government
of India, no Purchasing Officer should make any commitments to pay in
foreign currency before obtaining such sanction.

(viii) The firms will produce stamped pre-receipted invoices in all cases where
payments (advance/final) for release of railway receipts/shipping documents
are made through banks. In exceptional cases where the stamped receipts of
the firms are not received for the payments (in advance) the unstamped receipt
of the bank (i.e. counterfoils of pay-in-slips issued by the Bank) alone may be
accepted as a valid proof for the payment made.

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 Payment by Letter of Credit

12.26 Payment to foreign suppliers are ordinarily made by Letters of Credit (LC) opened
by the State Bank of India/State Bank of Travancore /authorized Bank as decided by
the purchasing department. While opening the Letters of Credit, the Department
should follow the provision of Uniform Customs and Practices for Documentary
Credit (UCPDC). If Letter of Credit is not opened, payment can also be made to the
seller through Direct Bank Transfer for which buyer has to ensure that payment is
released only after the receipt of prescribed documents.

12.27 Two banks are involved for payment to the supplier by Letter of Credit – purchaser‟s
bank and supplier‟s bank. The purchaser is to forward the request to its bank in the
prescribed format as formulated by State Bank of India/State Bank of Travancore,
along with all relevant details including authenticated copy of the contract. Based on
the same, the purchaser‟s bank opens letter of credit on behalf of the purchaser for
transacting payment to the supplier through the supplier‟s bank. Care should be
taken to ensure that the payment terms and the documents to be produced for
receiving payments through letter of credit are identical with those shown in the
contract. Generally, irrevocable letter of credit is opened so that the supplier is fully
assured of its payment on fulfilling its obligations in terms of the contract. In case,
the delivery date of the contract is extended to take care of delay in supply, for which
supplier is responsible, the tenure of the letter of credit is also to be extended, but the
expense incurred for such extension (of letter of credit) is to be borne by the supplier.

E – Payment

12.28 E - Banking and E - Payments are now used by various banks by adopting Electronic
Clearing System (ECS) and Electronic Fund Transfer (EFT) procedure. Payments to
suppliers may be made through such mechanism where such facilities are available.
The Central Vigilance Commission has also instructed that the payment to all
suppliers/vendors, refunds of various nature, and other payments shall be made
through electronic payment mechanism at all centres where such facilities are
available in the banks, so as to avoid delay and curb malpractices (refer Order No.
98/ORD/1 (Office Order No. 20/4/04), dated the 6th April, 2004, given in
Appendix).

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 Deduction of Income Tax, Service Tax, etc. at Source from Payments to Suppliers

12.29 This will be done as per the existing law in force during the currency of the contract.

Recovery of Public Money from Supplier’s Bill

12.30 Sometimes, requests are received from a different Department for withholding some
payment of a supplier out of the payment due to it against a contract. Such requests
are to be examined by the Department (which has received the request) on the merits
of the case for further action. It will however, be the responsibility of the Department
asking for withholding of payment to defend the Government against any legal
procedure arising out of such withholding as also for payment of any interest
thereof.

Refund from Supplier

12.31 Sometimes, the suppliers, after claiming and receiving reimbursements for sales tax,
excise duty, custom duty etc. from the purchaser, applies to the concerned
authorities for refunds, on genuine grounds, of certain portions of such duties and
taxes paid by it and receives the allowable refunds. Such refunds contain the
purchaser‟s share also (out of the payments already made by the purchaser to that
supplier). The tender enquiry document and the contract are to contain suitable
provisions for obtaining such refunds from the supplier.

Payment against Time Barred Claims

12.32 Payment against Time Barred Claims will be settled as per the provisions under
Article 56, Volume 1 of the Kerala Financial Code.

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 CHAPTER 13
OTHER MODES OF PURCHASE

Rate or Running Contract

13.1 All Stores of standard types other than those required in small quantities only, which
are in common and regular demand and the prices of which are not subject to
appreciable market fluctuations may be purchased on the basis of a Rate or Running
Contract, whichever is most suited to the circumstances of each particular case.

13.2 In the case of articles which cannot be stocked conveniently in the departmental store
with safety and convenience, the system of Running Contracts should be adopted. A
Running Contract is a contract for the supply of an approximate quantity of stores at
a specified price during a certain period. The approximate requirements of a number
of indenters for the period in question are combined by the Department and the
contracts provides that any of these indenters may demand his requirements at any
time or at specified periods during the currency of the contract either direct from the
firm or by indent on the Department. In terms of the conditions governing these
contracts the purchaser has the right to take a certain quantity (usually 25 per cent)
over or below the approximate quantity mentioned in the contract. Drawals against
these contracts should be carefully watched and the guaranteed quantity (usually 75
per cent of the contractual quantity) taken at before the expiry of contract.

13.3 Running contracts may be settled for the supply of articles at intervals during a
whole year or a part thereof. Dietary articles, firewood, charcoal, raw materials for
Ayurvedic medicines etc. come under the group. In settling running contracts all the
rules relating to the ordinary contracts like invitation of tenders, earnest money., etc.,
should be followed, and in addition special provision should be made to safeguard
Government interests and to ensure regular supplies. It is important that for all
running contracts, tenders with earnest money should be invited irrespective of the
amount involved and that performance security are also furnished by the
Contractors.

13.4 A Rate Contract is a contract for the supply of stores at specified rates during the
period covered by the contract. No quantities are usually mentioned in the contract,

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 and the contractor is bound to accept any order which may be placed upon him at
the rates specified within the contract period. As a reciprocal consideration, the
Government undertakes to order from the contractor all stores under the contract
which are required to be purchased, subject to certain reservations for submitting
prices to competition and for dividing the contract between one or more contractors.

13.5 Rate contracts should be settled for such articles as are required frequently by many
Departments during the course of a year for which the quantity cannot be forecast.
Rate contracts also may be settled for one year or shorter definite period. Indenting
Officers can draw their requirement direct from the contractors as and when
required. Steel furniture, steel cupboards and safes, Motor Truck batteries and
Tubular batteries of UPS, Tyres of Motor Vehicles, etc.., are some of the items coming
under this group. No exemption from earnest money deposit or performance
security will be granted in respect of rate contract, irrespective of the amount
involved.

13.6 Running contracts may be settled by Heads of Departments and Departmental

Purchase Committees, but rate contracts will be settled by the Stores Purchase
Department only.

13.7 The Directorate General of Supplies & Disposals (DGS&D), New Delhi is concluding
every year rate and/or running contract for a number of articles. Purchasing Officers
can avail themselves of these contracts, wherever it is economical and easier to do so.
They should keep themselves conversant with the rules and procedure of the D.G.S.
& D Rate Contracts. The Stores Purchase Department is also concluding every year
rate contract for a number of articles. In respect of purchase as per rate contracts
settled by the Director General Supplies and Disposals and the State Government,
purchase sanction from Government is not necessary even if the value of the
purchase exceeds the purchase power of the Purchasing officer provided that it is
specified while issuing administrative sanction that the purchase will be made as per
D.G.S. & D./State Rate Contracts. In such cases, the selection of the type and make
of the articles to be purchased will be made by the Purchasing Officers. It is not
necessary to mention the name of the firm or description of stores, etc., in the
administrative sanction issued for the purchase.

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13.8 In respect of the rate contracts concluded by Directorate General of Supplies &
Disposals, the Departments of the State Government are entitled to operate as Direct
Demanding Officers. If any of the State Government Departments are interested in
availing these facilities they may address the Directorate General of Supplies &
Disposals intimating the names of officers along with designations and addresses for
declaring them as Direct Demanding Officers and also indicate the items of rate
contract in which they are interested. The names and full address of the Accounts
Officers with whom the accounting has to be done by the Controller of Accounts
should also be indicated. The State Government undertakings can also make their
purchases, through the Directorate General of Supplies & Disposals either as pre-
deposit parties or as revolving deposit parties. Otherwise they have to place their
indents on Directorate General of Supplies & Disposals along with Demand Drafts in
favour of the Controller of Accounts concerned towards the estimated cost of stores +
1 per cent departmental charges.

13.9 In the case of items for which rate/running contracts settled by the Stores Purchase
Department exist or a running contract settled by the Head of a Department exists, it
is obligatory for Government Departments to avail themselves of those contracts.
The agreement form to be used in the case of running rate contract is given in
Annexure 32.

Bringing more and more common user items on the Rate Contract

13.10 The Stores Purchase Department shall bring more and more common user items on
rate contracts. For this purpose, regular interactions should be held by Stores
Purchase Department with the trade and the user departments. There shall be a
Standing Review Committee (SRC), coordinated by the Stores Purchase Department
consisting of representatives of major indenting departments, trade organizations,
prospective suppliers, etc., to consider bringing new items on rate contracts.

Conclusion of Rate Contracts for Automobiles, sophisticated Equipment,

Machinery, etc., on the basis of discounts on Net Dealer Price

13.11 The Departments will conclude rate contracts for Automobiles, Machine Tools,
Information Technology Products, OEM & Ancillary Spares and similar products
where the design feature, performance parameters, etc., of such products/goods

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 differ significantly among the products of different manufacturers and even between
different models of the same manufacturer and where equitable comparison of prices
of such products is not feasible. Such Rate Contracts are to be concluded on discount
on Net Dealer Price (NDP) basis.

Period of Rate Contract

13.12 The period of a Rate Contract should normally be one year for stable technology
products. However, in special cases, shorter or longer period may be considered. As
far as possible, termination period of rate contracts should be fixed in such a way as
to ensure that budgetary levies would not affect the price and thereby frustrate the
contracts. Attempts should also be made to suitably stagger the period of rate
contracts through out the year.

Criteria for Award of Rate Contract

13.13 Rate Contracts shall be awarded to the firms who are registered for the goods in
question and fulfill the laid down eligibility and qualification criteria including
availability of ISI mark, service centres across the country, etc. Suitable stipulations
are to be incorporated in the tender enquiry documents to this effect. In respect of
new items being brought on rate contract for the first time where there is no
registered supplier (for the subject items), the requirement of registration can be
relaxed with the approval of competent authority. The award of such rate contracts
will, however, be subject to the suppliers‟ satisfactory technical and financial
capability.

13.14 Some of the tenderers (who are otherwise registered for the subject goods) may also
be holding current rate contracts and/or held past rate contracts for the required
goods. Their performance against such earlier/current rate contracts shall be
critically reviewed before they are considered for award of new rate contracts.
Specific performance and achievement criteria as on a selected cut-off date is to be
evolved for this purpose and incorporated in the tender enquiry document. The
tenderers will be asked to furnish the relevant details (along with their tenders) to
enable the purchaser to judge their performance and achievement against the
past/current rate contracts. These criteria are to be evolved and decided by the

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 purchase department during procurement planning stage for incorporation in the
corresponding tender enquiry documents.

Special Conditions Applicable for Rate Contract

13.15 Some conditions of rate contract differ from the usual conditions applicable for ad
hoc contracts. Some such important special conditions of rate contract are given
below:

(i) In the Schedule of Requirement, no quantity is mentioned; only the anticipated

drawal may be mentioned without any commitment.
(ii) The Store Purchase Department reserves the right to conclude more than one
rate contract for the same item.
(iii) The Store Purchase Department as well as the supplier may withdraw the rate
contract by serving suitable notice to each other. The prescribed notice period is
generally thirty days.
(iv) The Store Purchase Department has the option to renegotiate the price with the
rate contract holders.
(v) In case of emergency, the Purchasing department may purchase the same item
through ad hoc contract with a new supplier.
(vi) Usually, the terms of delivery in rate contracts are FOR despatching station.
This is so, because the rate contracts concluded by Stores Purchase Department
are to take care of the users spread all over the state.
(vii) Supply orders, incorporating definite quantity of goods to be supplied along
with all other required conditions following the rate contract terms, are to be
issued for obtaining supplies through the rate contract.
(viii) The purchaser and the authorized users of the rate contract are entitled to place
supply orders upto the last day of the validity of the rate contract and, though
supplies against such supply orders will be effected beyond the validity period
of the rate contract, all such supplies will be guided by the terms & conditions
of the rate contract.
(ix) The rate contract will be guided by “Fall Clause” (as described in para 13.18).

Fall Clause

13.16 Fall clause is a price safety mechanism in rate contracts. The fall clause provides that
if the rate contract holder reduces its price or sells or even offers to sell the rate
contracted goods following conditions of sale similar to those of the rate contract, at a
price lower than the rate contract price, to any person or organization during the

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 currency of the rate contract, the rate contract price will be automatically reduced
with effect from that date for all the subsequent supplies under the rate contract and
the rate contract amended accordingly. Other parallel rate contract holders, if any,
are also to be given opportunity to reduce their price as well, by notifying the
reduced price to them and giving them 15 (fifteen) days time to intimate their revised
prices, if they so desire, in sealed cover to be opened in public on the specified date
and time and further action taken as per standard practice. On many occasions, the
parallel rate contract holders attempt to grab more orders by unethical means by
announcing reduction of their price (after getting the rate contract) under the guise of
Fall Clause. This situation is also to be dealt with in similar manner as mentioned in
the preceding paragraph.

13.17 It is however, very much necessary that the purchase departments keep special
watch on the performance of such rate contract holders who reduce their prices on
one pretext or other. If their performances are not upto the mark, appropriately
severe action should be taken against them including deregistering them,
suspending business deals with them, etc.

Performance Security for Rate Contract

13.18 Depending on the anticipated overall drawal against a rate contract and, also,
anticipated number of parallel rate contracts to be issued for an item, the Department
shall consider obtaining performance security of reasonable amount from the rate
contract holders. A suitable clause to this effect is to be incorporated in the tender
enquiry documents. Performance Security shall, however, not be demanded in the
supply orders issued against rate contracts.

Placement of Supply Orders for Rate Contract

13.19 Supplies are to be obtained against a rate contract by placing on the rate contracted
firm supply order containing the quantity of the goods to be supplied and
incorporating the prices and other relevant terms and conditions of the rate contract.
The officials placing such supply orders should be duly competent and authorized to
do so. Copies of supply order are to be endorsed to all concerned. A supply order
should generally contain the following important details:

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 (i) Rate Contract No. and date.
(ii) Quantity (where there is more than one consignee, the quantity to be
despatched to each consignee is to be indicated).
(iii) Price.
(iv) Date of Delivery by which supplies are required.
(In the supply order, a definite delivery date based on the delivery period
stipulated in the rate contract is to be provided).
(v) Full address of the purchase department along with telephone. No., Fax No.
and E. mail address.
(vi) Complete and correct designation and full postal address of the
consignee(s)/goods receiving officer(s) along with telephone No., Fax No. and
E-mail address.
(vii) Nearest Railway Siding (NRS) of the consignee(s).
(viii) Despatch instructions
(ix) Designation and address of the inspecting officer.
(x) Designation and address of the paying authority to whom the bills are to be
raised by the supplier

Renewal of Rate Contracts

13.20 It should be ensured that new rate contracts are made operative right after the expiry
of the existing rate contracts without any gap for all rate contracted items. In case,
however, it is not possible to conclude new rate contracts due to some special
reasons, timely steps are to be taken to extend the existing rate contracts with same
terms, conditions etc. for a suitable period, with the consent of the rate contract
holders. Rate contracts of the firms, who do not agree to such extension are to be left
out. Period of such extension should generally not be more than three months. Also,
while extending the existing rate contracts, it shall be ensured that the price trend is
not lower.

Negotiated Contracts

13.21 When owing to greater promptitude of supply, by particular agencies of special

manufacturer of some articles by certain firms, substantial economy can be effected
by deviating from the tender system. Officers, may, after negotiation, purchase
direct such articles from the firms or agencies concerned. This rule will apply only to
patents and specialties to which tender system cannot be applied with advantage.

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 Supply of Articles in the High Ranges

13.22 The Supply of articles in the High Range may be arranged locally or otherwise as
considered best by the authorities concerned.

Purchase of Furniture

13.23 Heads of Departments and Offices should see that the wooden furniture required for
the offices and the institutions under their control is made of superior wood only,
such as teak, hard wood, processed rubber wood, etc.

13.24 Officers authorized to make local purchase of furniture, when satisfied that such a
measure is justified, arrange the supply of furniture locally up to the extent they have
been empowered. Care should be taken to see that orders for the requirements of
any one year are not split up with a view to place the order locally.

Examination of Contracts by Accountant General

13.25 The Accountant General in the exercise of his functions in audit can examine
contracts settled by the Department and report to the Government the facts of any
case that come to his notice, in which competitive tenders were not invited though
they should have been invited under the rules or a tender other than the lowest was
accepted without sufficient justification or any other material irregularity which has
been committed in connection with a contract.

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 CHAPTER 14
CONTRACT MANAGEMENT

Introduction

14.1 Contract Management involves monitoring the implementation of a contract after it

is placed to ensure timely completion of all the supplies and related services shown
in the contract as per terms & conditions incorporated therein.

Text of Contract

14.2 The essential requirement for ensuring a trouble free contract management is
placement of contract with unambiguous and transparent terms & conditions, which
have already been agreed to by both the purchaser and the supplier in writing.

Performance Security

14.3 The purchaser is to ensure that the supplier receiving the contract furnish the
required Performance Security in the prescribed form by the specified date, failing
which necessary action including forfeiture of the Earnest Money Deposit is to be
taken against the supplier.

Acknowledgement of Contract

14.4 The supplier should acknowledge and unconditionally accept the contract within the
specified days from the date of issue of contract. While acknowledging the contract,
the supplier may raise some issues and/or ask for some modifications against some
entries in the contract; such aspects shall be immediately looked into for necessary
action and, thereafter, supplier‟s unconditional acceptance of the contract obtained. If
both the parties (viz. the purchaser and the supplier) simultaneously sign the
contract across the table, further acknowledgement from the supplier is not required.

Coordination

14.5 All the authorities, who are entrusted with some responsibilities and also to perform
some duties in terms of the contract are to work in unison in a coordinated manner to
ensure completion of the contract without any time overrun, cost overrun and

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 related legal complication. It is, therefore, necessary for the purchase department to
keep a proper watch and coordinate all such activities to avoid any bottleneck or
problem in the passage of the contract.

Amendment to Contract

14.6 Many a time, due to various reasons, changes and modifications are needed even in a
duly concluded contract. Requests for such changes and modifications mostly
emanate from the supplier. Immediately on receiving such a request, the purchase
department shall examine the same and take action as necessary with the approval of
the Stores Purchase Department. Any amendment to contract terms requested by the
supplier may have, inter alia, financial impact and/or technical impact and/or legal
impact. Therefore, before agreeing to the request of the supplier, the purchase
department should scrutinize the issue on its merits to ensure that the requested
amendment will not have any adverse effect on the purchase department. Financial
concurrence should be obtained before issuing any amendment having financial
implications/repercussions. Further, there may be an occasion where consultation
with Government will be necessary before issuing the proposed amendment. The
Department/Officer should process such issues, as deemed fit, depending on the
merit of the case.

Payment to the Supplier

14.7 Purchase department shall ensure that all the payments due to the firm including
release of EMD/performance security are made on priority basis without avoidable
delay after the contract has been fulfilled. An appropriate time schedule may be
prescribed by the Stores Purchase Department for this purpose to be acted upon by
the concerned purchase officers (refer para 8.16 also).

14.8 After a contract has been fulfilled and payment made, the performance security
should be released or refunded to the contractor/firm without delay. As a rule, the
performance security should be released or refunded within a period of three months
of the expiration of the contract. In case of Rate Contract/Running contract
Performance security should be released only after the Guarantee period and

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 performance security will be released only after assessing the liabilities if any due to
the defective supply/non supply or violation of any of the terms and conditions of
the agreement.

Monitoring of Securities and other Instruments

14.9 Proper procedure for safe custody and monitoring of bank guarantees and other
instruments should be laid down by the Stores Purchase Department and all
purchasing departments should follow the procedures.

Closure of Purchase File

14.10 On completion of all activities against a contract, the purchase file should be
preserved in the record room and destroyed after expiry of the applicable mandatory
retention period with the approval of the competent authority.

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 CHAPTER 15
SETTLEMENT OF DISPUTES

General

15.1 Normally, there should not be any scope of dispute between the purchaser and the
supplier after entering into a mutually agreed valid contract. However, due to
various unforeseen reasons, problems may arise during the progress of the contract
leading to disagreement between the purchaser and the supplier. Therefore, the
conditions governing the contract shall contain suitable provision for settlement of
such disputes/differences binding on both the parties.

Mode of Settlement

15.2 Mode of settlement of such disputes/differences shall be through Arbitration.

However, when a dispute/difference arises, both the purchaser and the supplier
shall first try to resolve the same amicably by mutual consultation. If the parties fail
to resolve the dispute by such mutual consultation within twenty-one days, then,
depending on the position of the case, either the purchaser or the supplier shall give
notice to the other party of its intention to commence arbitration as hereinafter
provided:

(i) When the contract is with domestic supplier, the applicable arbitration
procedure will be as per Indian Arbitration and Conciliation Act, 1996.
(ii) When the contract is with foreign supplier, the supplier has the option to
choose either Indian Arbitration and Conciliation Act, 1996 or Arbitration in
accordance with the provision of UNCITRAL (United Nations Commission on
International Trade Law) Arbitration Rules.

Venue of Arbitration

15.3 The venue of arbitration shall generally be the place from where the contract has
been issued except when foreign supplier opts for Arbitration, in accordance with the
provision of UNCITRAL, Arbitration Rules, the venue can be a neutral country.

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 Applicable Law

15.4 The contracts shall be interpreted in accordance with the laws of the Union of India.

Legal Advice

15.5 While processing a case for arbitration, the purchase department is to take legal
advice, at appropriate stages from competent authorities like the Department of Law.

Panel of Arbitrators

15.6 For quick settlement of disputes the State Government shall constitute a panel of
arbitrators and an updated list may be published in the website of Stores Purchase
Department.

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 CHAPTER 16
PURCHASE POWERS OF HEADS OF DEPARTMENTS
AND CONSTITUTION OF DEPARTMENTAL PURCHASE COMMITTEES

Introduction

16.1 The Heads of Departments (HODs) are classified into 3 groups on the basis of the
approximate value of the purchases they are making each year.

Group I Heads of Departments who usually purchase stores

worth ` 1 crore or more in a year
Group II Heads of Departments who usually purchase stores
worth between ` 20 lakh to ` 1 crore a year
Group III Heads of Departments who usually purchase stores
worth below ` 20 lakh a year

Purchase Powers

16.2 The Administrative Department of the Secretariat may without previous consultation
with Finance Department sanction expenditure, which does not exceed ` 100 lakh in
respect of purchase of stores other than for works, computer & peripherals and
furniture and in the case of Computer and peripherals (except laptop computers)
sanction expenditure which does not exceed ` 50 lakh subject to budget provision
being available and Stores Purchase Rules being observed (large scale purchase of
computers is to be effected only after ensuring that all requirements for
computerization with respect to both software and hardware are fully satisfied
following the guidelines issued on the basis of the recommendations of the PAC vide
Circular No.25/2006/Fin. Dated 01.06.2006).

16.3 The Administrative Department of the Secretariat may without previous consultation
with Finance Department sanction expenditure for the purchase of furniture upto ` 5
lakh subject to budget provision being available and observing Stores Purchase
procedures and as per G.O. (P) 224/2000/Fin dated 27-1-2000.

16.4 The Administrative Department of the Secretariat may without previous consultation
with Finance Department sanction repair of equipment and small machineries upto
`3 lakh subject to production of essentiality certificate from the respective Engineer
as the case may be. The Administrative Department of the Secretariat may without
consultation with Finance Department sanction Temporary Advance up to ` 10,000/-
subject to the condition stipulated in Article 99 KFC Vol. I.

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16.5 HODs in the Group I are authorized to purchase stores other than computers and
peripherals and furniture upto ` 20 lakh at a time and ` 10 lakh for Heads of
Departments in Group II and III. The Heads of Departments are also authorised to
purchase stationery upto ` 1 lakh. With respect to purchase of furniture, Group I
HODs are authorised to sanction upto ` 2 lakh and ` 1 lakh for HODs in Group II
and III, subject to budget provision (Head of Department may obtain administrative
sanction and purchase sanction as per G.O. (P) No. 224/2000/Fin. Dated 27-1-2000).

16.6 The Controller of Stationery and the Superintendent of Government Presses is

authorized to purchase stores upto ` 10 lakh at a time without reference to the
Government or the Departmental Purchase Committee.

Departmental Purchase Committees

16.7 Departmental Purchase Committees shall be constituted for each Purchasing

Department (Non-Secretariat). The constitution of the Departmental Purchase
Committees is as follows:

No. Value of Purchase Departmental Purchase Committee

1 Purchase above ` 6 1. Concerned Secretary to Government
crore (Chairman and Convener)
2. One of the Secretaries of Finance
Department
3. Secretary, Stores Purchase
Department or his nominee not below
the rank of Additional Secretary/
Joint Secretary
4. Concerned Head of Department
2 Purchase between 1. Concerned Secretary to Government
`60 lakh and ` 6 crore (Chairman and Convener)
2. Secretary, Finance Department or his
nominee not below the rank of Joint
Secretary
3. Secretary, Stores Purchase
Department or his nominee not below
the rank of Joint Secretary
4. Concerned Head of Department

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 3 Purchase between 1. Concerned Secretary to Government
`40 lakh and ` 60 (Chairman and Convener
lakh 2. Joint Secretary/Deputy Secretary,
Finance Department (nominated by
Finance Secretary)
3. Additional Secretary/Joint Secretary,
Stores Purchase Department
4. Concerned Head of Department
4 Purchase upto `40 1. Concerned Secretary to Government
lakh (Chairman and Convener
2. Deputy Secretary/Under Secretary,
Finance Department (nominated by
Finance Secretary)
3. Deputy Secretary/Under Secretary,
Stores Purchase Department
4. Concerned Head of Department

NOTE 1: In order to co-ordinate the production programme and the purchase policy
and to ensure that the concessions given to MSME are fully implemented, the
Chairman of the Departmental Purchase committee shall invite the Director of
Industries and Commerce or his representative to attend the meetings of the
Departmental Purchase Committees in cases where Micro, Small & Medium
Enterprises in the State also participate in the tenders.

Functions of the Departmental Purchase Committees

16.8 All Purchase proposals which do not fall within the powers of the Head of the
Department will be considered by the appropriate Departmental Purchase
Committee. The factual accuracy of the materials placed before the Committee and
the observance of the rules in undertaking the various steps before bringing the
proposals before the Committee will be the sole responsibility of the Head of the
Department. The Committee will scrutinize the proposals and take/make
appropriate decision/recommendations. Any variation in the original sanction will
require further reference to the Departmental Purchase Committee who made the
original decision/recommendation of purchase sanction. The sanction for the
purchase should show the actual specifications quoted in the tender.

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16.9 Purchase proposals exceeding ` 6 crores up to ` 10 crores after being considered by
the concerned Departmental Purchase Committee, should have the approval of the
Minister concerned, whereas purchase proposals above ` 10 crores should be
approved by both the Minister Concerned and the Minister in charge of the Stores
Purchase Department, through the Principal Secretary, Stores Purchase Department.
In all cases, the sanction will be issued by the Administrative Department.

16.10 The Departmental Purchase Committee may meet whenever necessary and at such
time and place as may be decided by the Chairman. For effecting the Purchases
needed for a year, the Committee should meet as far as possible before the
commencement of that year. The steps necessary for this should be taken by the
Head of the Department sufficiently early.

16.11 Subject to the condition that the reasons, in each case, should be clearly recorded and
that the orders of the Minister concerned should be taken, the Departmental
Purchase committee is authorized to exempt firms of established repute and standing
from furnishing performance security, in special circumstances.

16.12 In respect of purchases costing below ` 60 lakh, the Secretary to Government and
Chairman of the Departmental Purchase Committee is authorized:

(i) to cancel orders or unexecuted portion of orders and to order the invitation of
fresh tenders or quotations
(ii) to extend the period of delivery and accept late supplies
(iii) to order forfeiture of earnest money and performance security, etc.

16.13 The minutes of the Departmental Purchase Committee should contain the following:

(i) Details of the Publicity given to the tender notices;

(ii) Number of tender notices taken by prospective bidders;
(iii) Number of tenders received;
(iv) Number of bids received in proper order;
(v) Number of bids rejected and reason thereof (reason for rejection of each bid
may be given separately);

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 (vi) Among the valid bidders the details of the lowest quotation received, bidder
details and the quoted amount;
(vii) Whether lowest quotation/tender has been accepted;
(viii) If not, the reasons for rejecting the lowest quotation (and other quotations
lower than the one ultimately accepted by the Departmental Purchase
Committee);
(ix) Details of bidder and quotation ultimately accepted and the difference between
the lowest quotation and the accepted quotation;
(x) Views of the Departmental Purchase Committee as to whether retender is
desirable and could lead to substantially lower bids;
(xi) Specific Remarks on Guarantee/Warranty/Annual Maintenance Contract, etc.
(xii) Any other relevant facts.

16.14 In addition to the above, the Administrative Department/Purchasing Officer should

take care of the following points also:

(i) The D.P.C. Meeting Notes must be in full satisfaction of all the points
mentioned above.
(ii) Ensure the availability of the Officer from Stores Purchase Department and
Finance Department before deciding the date and time of the meeting.
(iii) Notes for the DPC meeting must reach SPD at least three days before the
meeting for scrutiny. Otherwise it will be difficult to attend the DPC meeting.
(iv) Copy of the Administrative Sanction and minutes/report of Technical
Evaluation Committee, if any, should be furnished.
(v) Copy of the Tender Notification both English and Malayalam should be made
available.
(vi) Post tender, negotiation may be made only with the LI Tenderer.
16.15 The notes for the Departmental Purchase Committee may also inter alia, contain
information on the following:

(i) Whether the Purchasing Officer has compared the existing prevalent market
rates of the Stores/items for which the quotation/tender has been floated and if
so, whether it is economical when compared with the bid amount;
(ii) Whether samples have been insisted in the tender schedule and if not, the
reasons therefore;

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(iii) If the item/store to be procured is of a sophisticated technical nature or needs
technical evaluation, whether a technical committee with sufficient members
for evaluating the articles/stores has been constituted? If so, whether the
specific report of the committee has been made available for consideration by
the Departmental Purchase Committee.
(iv) Whether the Purchasing Officer has recorded the absolute necessity for
procurement of the store/item particularly taking into account the average
consumption use of the items/stores for the past 3 years.
(v) Whether the Purchasing Officer has taken necessary steps to forecast the
requirements in full for a definite period for 3 months, 6 months, one year and
so as to avoid piece meal purchases and to observe Stores Purchase Rules
strictly;
(vi) Action taken by the Purchasing Officer to keep open the firmness period, if the
same has not been kept open for acceptance and confirmation;
(vii) Whether the Purchasing Officer has made any attempt to inspect and satisfy
himself about the working of the unit/items/store which has been supplied by
the bidder if any, on earlier occasion;
(viii) Whether the Purchasing Officer has made any specific recommendation for
consideration of the Departmental Purchase Committee; and
(ix) Whether the tabulation statement containing full essential data/details of the
tenders/quotations received vis-à-vis the evaluation report of the Purchasing
Officer authenticated by the Purchasing Officer has been enclosed with the
notes for the Departmental Purchase Committee.

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 CHAPTER 17
STORES PURCHASE DEPARTMENT

Responsibilities of the Department

17.1 The Stores Purchase Department of the Secretariat shall deal with the following:

(i) The recommendations of the Departmental Purchase Committees are to be

dealt with in the Stores Purchase Department in the following cases:
a) Where the finance member disagrees with the other members
b) Cases in which there is any special relaxation from Stores Purchase Rules or
Provisions of the Kerala Financial Code
(ii) Preparation of the Statements of:
a) Directory of Purchases (half yearly)
b) List of purchases of I.S.I. certified goods (quarterly)
c) Preparation of the list of products offered by Government Undertaking
(iii) All correspondence relating to import licenses and release of foreign exchange.
(iii) Blacklisting, banning and other penalties.
(iv) Registration of firms, re-registration & verification of competence of registered
firms.
(v) General questions relating to stores purchase like correspondence with the
Government of India and the D.G.S. & D., issue of general instructions and
orders on stores purchase from time to time.
(vi) Setting up and organizing Price Fixation Committees for fixing the price of
products to be supplied by Public Sector and Cooperative Enterprises in the
State.
(vii) Issue clarifications on provisions in the Stores Purchase Manual, as required.
(viii) Make arrangements for modifying provisions in the Stores Purchase Manual,
when required.

17.2 The Stores Purchase Department may also publish in their website an updated list of
the following for ready reference to the other departments:

(i) The list of approved and blacklisted/banned firms

(ii) Latest guidelines of Central Vigilance Commission applicable to the State
(iii) Other relevant orders issued by the Government related to Stores Purchase

17.3 The Stores Purchase Department will conduct inspection of purchase files of
Government Offices/PSUs/Autonomous Bodies/Local Bodies/Universities and
institutions utilises grant-in-aid of Government. The purchasing officers/
department shall make available all relevant records to the inspection team and shall
render all possible assistance as required by them.

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 CHAPTER 18
MISCELLANEOUS

Buy Back Offer

18.1 When it is decided with the approval of the competent authority to replace some
existing old Stores with their newer and better versions/substitutes, the department
may trade the existing old Stores while purchasing the new ones. For this purpose,
suitable clauses are to be incorporated in the tender enquiry document so that the
interested tenderers formulate and submit their tenders accordingly. Provision
should also be kept in the tender documents to permit the interested tenderers to
inspect the old Stores to be traded through this transaction.

18.2 Appropriate provision should also be kept in the tender document allowing the
purchase department to reserve its right to trade or not to trade the old Stores while
purchasing the new ones and the tenderers are to be asked to frame their quotations
accordingly covering both the options. Depending on the value and condition of the
old Stores to be traded, the time frame for as well as the mode of handing them over
to the successful tenderer should be decided and relevant details in this regard
suitably incorporated in the tender document.

Turnkey Contract

18.3 A turnkey contract is a mix of Stores contract and works contract. Generally, in the
tender enquiry documents for a turnkey contract, the purchase department specifies
the performance and output required from the plant proposed to be set up and
broadly outlines the various parameters it visualizes for the desired plant. The inputs
and other facilities, which the purchase department will provide to the contractor are
also indicated in the tender enquiry document. The contractor is to design the plant
and quote accordingly. The responsibility of the contractor will include supplying
the required stores, machinery, equipment etc. needed for the plant; assembling,
installing and erecting the same at site as needed; commissioning the plant to meet
the required output etc., as specified in the tender enquiry documents. While
entering into a turn-key contract, Department/Organization is to follow the relevant
instructions prescribed in the Stores Purchase Manual as well as in relevant other
Manuals.

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 Disposal of Surplus Stores

18.4 With the passage of time, many of the Stores purchased by the Departments become
unserviceable or obsolete. Such Stores are classified as surplus Stores. The
Ministries/Departments should dispose off such surplus Stores at the earliest, to
avoid unnecessary inventory carrying cost, decrease in resale price of those Stores
etc. Detailed comprehensive instructions for disposal of surplus Stores are to be
issued by the Stores Purchase Department in consultation with the Financial
Department.

Price Negotiation/Counter-Offer

18.5 Price Negotiation with the tenderers should be severely discouraged. However, in
case the price quoted by the lowest eligible tenderer (L1) is not reasonable and
acceptable, the price may be negotiated with L1 only and, if it reduces the price to the
desired level, rate contract may be concluded with L1.

18.6 There may also be a situation where even the price of the lowest eligible tenderer
(L1) is not reasonable. In that case, price negotiation may be conducted with L1 in the
first instance. If L1 agrees to bring down the price to the desired level, rate contract
may be concluded with it and that price counter offered to other eligible tenderers
under intimation to L1 for further action in identical manner as indicated in the
above paragraph. If, however, L1 does not agree to reduce its price in the first
instance itself, then the price, which has been decided as reasonable may be counter
offered to all the eligible tenderers (including L1) for further action on above lines.

Cartel Formation / Pool Rates

18.7 Sometimes a group of tenderers quote identical rates against a rate contract tender.
Such Pool/Cartel formation is against the basic principle of competitive bidding and
defeats the very purpose of open and competitive tendering system. Such practices
should be severely discouraged with strong measures. Suitable administrative
actions like rejecting the offers, reporting the matter to Registrar of Companies,
Monopolies Commission, National Small Industries Corporation etc. should be
initiated against such firms, on case to case basis, as decided by the competent

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 authority. Ministries/Departments may also bring such unhealthy practice to the
notice of the concerned trade associations like FICCI, ASOCHAM, NSIC, etc.
requesting them, inter alia, to take suitable strong actions against such firms. The
Ministries/ Departments may also encourage new firms to get themselves registered
for the subject goods to break the monopolistic attitude of the firms forming cartel.

Training

18.8 Purchase management is a specialized subject and, therefore, the officials entrusted
with purchase work should be adequately trained at the entry level itself to avoid
mistakes in tender evaluation, placement of contract, contract management etc.,
because any mistake in public procurement may cause financial repercussions,
operational hold-ups, and unwarranted legal complications for the Departments. In
addition to entry level training, the purchase officials should also be sent for in-
service training periodically to keep them abreast with the changing scenario and
latest techniques of Purchase Management taking place within as well as outside the
country.

Beyond the Manual

18.9 The important and significant areas of Public Procurement have been covered in this
Manual. A situation may, however crop up in a purchase case for which no solution
may be readily available in this Manual. In such a situation, the Departments may
seek advice and guidance from the Stores Purchase Department. The matters related
to DGS&D rate contract may be obtained directly from DGS&D.

18.10 The guidelines issued by the Central Vigilance Commission, relevant to the purchase
of stores in the State have been included in the appropriate sections of the Manual.
The future guidelines of the CVC which are applicable to the State may also be
incorporated in the Manual as required by inserting the particular Order/Circular in
the Appendix (list of relevant Orders/Circulars of CVC) at the end of the Manual.

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ANNEXURES
 ANNEXURE 1

AN ILLUSTRATIVE LIST OF
AUTONOMOUS BODIES AND PUBLIC SECTOR UNDERTAKINGS

(I) COMMISSIONS

1. Central Administrative Tribunal, Ernakulam

2. Commission for Taxation Laws, Thiruvananthapuram
3. Kerala Commissions for Backward Classes, Thiruvananthapuram
4. Kerala Public Men’s Corruption (Investigation & Inquiries) Commission,
Thiruvananthapuram
5. Kerala Public Service Commission, Pattom, Thiruvananthapuram
6. Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram
7. Official Language (Legislative) Commission, Kerala, Thiruvananthapuram
8. State Finance Commission, Palayam, Thiruvananthapuram

(II) AUTONOMOUS BODIES

1. Agency for Development of Aquaculture, Kerala, Thiruvananthapuram

2. Agency for Non-Conventional Energy & Rural Technology (ANERT), Thycaud,
Thiruvananthapuram
3. Agricultural Prices Board, Thiruvananthapuram
4. Centre for Development of Imaging Technology, Chithranjali Studio Compound,
Thiruvallam, Thiruvananthapuram
5. Centre for Development Studies, Thiruvananthapuram
6. Centre for Earth Science Studies, Thiruvananthapuram
7. Centre for Land Use and Environment Studies, Vikas Bhavan, Thiruvananthapuram
8. Centre for Taxation Studies, Thiruvananthapuram
9. Centre for Water Resources Development and Management, Kozhikode
10. Gurugopinath Natana Grama Society, Vattiyoorkavu, Thiruvananthapuram
11. Handloom Training Institute, Kizhunna, Kannur
12. Institute of Human Resources Development for Electronics, Vazhuthacaud,
Thiruvananthapuram
13. Institute of Management in Government, Thiruvananthapuram
14. Kerala Aviation Training Centre, Thiruvananthapuram
15. Kerala Books and Publication Society, Kakkanad, Ernakulam
16. Kerala Coir Workers Welfare Fund Board, Alappuzha
17. Kerala Construction Workers Welfare Fund Board, Thiruvananthapuram
18. Kerala Forest Research Institute, Peechi, Thrissur
19. Kerala Head Load Workers Welfare Board, Ernakulam
20. Kerala Health Research and Welfare Society, Thiruvananthapuram
21. Kerala Institute of Labour and Employment, Thiruvananthapuram
22. Kerala Institute of Local Administration, Mulamkunnathukavu, Thrissur
23. Kerala Institute of Tourism and Travel Studies, Residency Compound,
Thiruvananthapuram
24. Kerala Kalamandalam, Cheruthuruthy, Thrissur
25. Kerala Khadi Workers Welfare Fund Board, Vazhuthacaud, Thiruvananthapuram
26. Kerala Lalithakala Academy, Thrissur

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 27. Kerala Mineral Exploration and Development Project, Kesavadasapuram,
Thiruvananthapuram
28. Kerala Motor Transport Workers Welfare Fund Board, Kollam
29. Kerala Press Academy, Kochi, Ernakulam
30. Kerala Rural Development and Marketing Society, Opposite Tagore Theatre,
Vazhuthacaud, Thiruvananthapuram
31. Kerala Rural Employment and Welfare Society, Thiruvananthapuram
32. Kerala Sahithya Academy, Thrissur
33. Kerala Sangeetha Nataka Academy, Thrissur
34. Kerala Sports Council, Thiruvananthapuram
35. Kerala State Anganwadi Workers’ and Helpers’ Welfare Fund, Thiruvananthapuram
36. Kerala State Council for Child Welfare, Thiruvananthapuram
37. Kerala State Export Trade Development Council, Thiruvananthapuram
38. Kerala State Legal Aid and Advice Board, Kochi
39. Kerala State Library Council, Thiruvananthapuram
40. Kerala State Nirmithi Kendra, Thiruvananthapuram
41. Kerala State Pollution Control Board, Thiruvananthapuram
42. Kerala State Science & Technology Museum, Thiruvananthapuram
43. Kerala State Social Welfare Advisory Board, Kozhikode
44. Kerala State Youth Welfare Board, Thiruvananthapuram
45. Kerala Water Authority, Thiruvananthapuram
46. LBS Centre for Science & Technology, Thiruvananthapuram
47. Medical Council, Thiruvananthapuram
48. National Transportation, Planning & Research Centre, Thiruvananthapuram
49. People’s Action for Development, Kerala, Thiruvananthapuram
50. Rajiv Gandhi Centre for Development of Education, Science & Technology, Thycaud,
Thiruvananthapuram
51. Regional Cancer Centre, Thiruvananthapuram
52. Society for Preservation of Hill Palace Premises, Thrippunithura, Ernakulam
53. State Advisory Contract Labour Board, Thiruvananthapuram
54. State Institute of Children’s Literature, Thiruvananthapuram
55. State Institute of Encyclopedia Publications, Thiruvananthapuram
56. State Institute of Languages, Thiruvananthapuram
57. Tropical Botanical Garden and Research Institute, Palode, Thiruvananthapuram
58. Vasthuvidya Gurukulam, Aranmula, Pathanamthitta

(III) CO-OPERATIVE INSTITUTIONS

1. All Kerala Cottage Match Industries Federation, Kollam

2. Alleppey Co-operative Spinning Mills Ltd., Kayamkulam, Kollam
3. Cannanore Co-operative Spinning Mills Limited, Kannur
4. Kerala Kerakarshaka Sahakarana Federation, Thiruvananthapuram
5. Kerala State Cashew Workers Apex Industries Co-operative Society Limited
(CAPEX), Kollam
6. Kerala State Co-operative Agricultural and Rural Development Bank,
Thiruvananthapuram
7. Kerala State Co-operative Bank, Thiruvananthapuram
8. Kerala State Co-operative Cashewnut Federation, Kochi
9. Kerala State Co-operative Coir Marketing Federation Limited (COIRFED),
Alappuzha
10. Kerala State Co-operative Housing Federation Ltd., Kaloor, Ernakulam
11. Kerala State Co-operative Marketing Federation Limited, Kochi, Ernakulam

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 12. Kerala State Co-operative Rubber Marketing Federation Ltd., Kochi, Ernakulam
13. Kerala State Co-operative Textile Federation Limited (TEXFED), Thrissur
14. Kerala State Federation of Scheduled Castes and Scheduled Tribes Development Co-
operative Limited, Thiruvananthapuram
15. Kerala State Handloom Weavers Co-operative Society Ltd., Thiruvananthapuram
16. Kerala State Rural Women’s Electronics Industrial Co-operative Federation Limited,
Thiruvananthapuram
17. Quilon Co-operative Spinning Mills Limited, Kollam
18. Thrissur Co-operative Spinning Mills Limited, Thrissur.

(IV) UNIVERSITIES

1. Cochin University of Science & Technology, Kochi, Ernakulam

2. Kannur University, Kannur
3. Kerala Agricultural University, Thrissur
4. Mahatma Gandhi University, Kottayam
5. Medical University, Thrissur
6. Sree Sankaracharya University of Sanskrit, Kalady, Thrissur
7. University of Calicut, Malappuram
8. University of Kerala, Thiruvananthapuram

(V) PUBLIC SECTOR UNDERTAKINGS

1. Kerala State Industrial Development Corporation Limited

2. Kerala State Industrial Enterprises Limited
3. Kerala Financial Corporation
4. Kerala Tourism Development Corporation Limited
5. Kerala Urban & Rural Development Finance Corporation Limited
6. The Kerala Land Development Corporation Limited
7. Kerala Small Industries Development Corporation Limited
8. Kerala State Film Development Corporation Limited
9. Kerala State Warehousing Corporation
10. The Kerala State Financial Enterprises Limited
11. Kerala Industrial Infrastructure Development Corporation
12. Tourist Resorts (Kerala) Limited
13. Bakel Resorts Development Corporation Limited
14. Kerala Transport Development Finance Corporation Limited
15. Kerala State Power and Infrastructure Finance Corporation Limited
16. Kerala Police Housing and Construction Corporation Limited
17. Roads & Bridges Development Corporation of Kerala Limited
18. Vizhinjam International Seaport Limited
19. Kerala Construction Components Limited
20. The Kerala Ceramics Limited
21. Kerala Clays & Ceramic Products Limited
22. The Kerala Minerals & Metals Limited
23. Kerala State Detergents & Chemicals Limited
24. Kerala State Drugs & Pharmaceuticals Limited
25. Kerala Soaps & Oils Limited
26. Kerala State Salicylates & Chemicals Limited

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27. Malabar Cements Limited
28. The Pharmaceutical Corporation (IM) Kerala Limited
29. The Travancore Cements Limited
30. The Travancore-Cochin Chemicals Limited
31. Travancore Titanium Products Limited
32. Kerala State Mineral Development Corporation Limited
33. Kerala Electrical & Allied Engineering Company Limited
34. United Electrical Industries Limited
35. Traco Cable Company Limited
36. Transformers and Electricals Kerala Limited
37. Kerala State Electronics Development Corporation Limited
38. Keltron Counters Limited
39. Keltron Electro Ceramics Limited
40. Keltron Crystals Limited
41. Keltron Magnetics Limited
42. Keltron Resistors Limited
43. Keltron Component Complex Limited
44. The Metal Industries Limited
45. Steel Complex Limited
46. Kerala Agro Machinery Corporation Limited
47. Steel Industrials Kerala Limited
48. Kerala State Construction Corporation Limited
49. Kerala Automobiles Limited
50. Steel and Industrial Forgings Limited
51. Autokast Limited
52. The Kerala Agro Industries Corporation Limited
53. Kerala Forest Development Corporation Limited
54. Kerala Livestock Development Board Limited
55. Meat Products of India Limited
56. Oil Palm India Limited
57. The Plantation Corporation of Kerala Limited
58. Rehabilitation Plantations Limited
59. The State Farming Corporation of Kerala Limited
60. The Travancore Sugars & Chemicals Limited
61. Kerala State Horticultural Products Development Corporation Limited
62. Kerala State Poultry Development Corporation Limited
63. Kerala Feeds Limited
64. Kerala Garments Limited
65. Kerala State Textile Corporation Limited
66. Sitaram Textiles Limited
67. Trivandrum Spinning Mills Limited
68. Forest Industries (Travancore) Limited
69. Kerala State Wood Industries Limited
70. Travancore Plywood Industries Limited
71. Foam Mattings (India) Limited
72. Handicrafts Development Corporation of Kerala Limited
73. Kerala State Bamboo Corporation Limited

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 74. Kerala State Handloom Development Corporation Limited
75. The Kerala State Coir Corporation Limited
76. Kerala Khadi & Village Industries Board.
77. The Kerala State Cashew Development Corporation Limited
78. The Kerala State Civil Supplies Corporation Limited
79. Kerala State Beverages (M&M) Corporation Limited
80. Kerala Artisans Development Corporation Limited
81. Kerala School Teachers & Non Teaching Staff Welfare Corporation Limited
82. Kerala State Development Corp. for Christian Converts from SC & RC Limited
83. The Kerala State Development Corporation for SC & ST Limited
84. The Kerala State Handicapped Persons' Welfare Corporation Limited
85. Kerala State Palmyrah Products Dev. & Workers' Welfare Corporation Limited
86. Kerala State Women's Development Corporation Limited
87. Kerala State Backward Classes Development Corporation Limited
88. Kerala State Ex-servicemen Development & Rehabilitation Corporation
89. Kerala State Maritime Development Corporation Limited
90. Kerala Shipping & Inland Navigation Corporation Limited
91. Kerala State Electricity Board
92. Kerala State Road Transport Corporation
93. Kerala Water Authority
94. Kerala State Housing Board
95. Overseas Development & Employment Promotion consultants Limited
96 Kerala Medical Services Corporation Limited
97 Indian Institute of Information Technology and Management- Kerala
98 Kerala State Information Technology Infrastructure Limited
99 Norka Roots Limited
100 Malabar Distilleries Limited
101 Aralam Farming Corporation of (Kerala ) Limited

(VI) WELFARE FUND BOARDS

1. Chief Executive Officer

Kerala Bamboo, Kattuvally & Pandanus Leaf Worker’s Welfare Fund Board,
Angamaly South PO, Pin 683 573

2. The Chief Executive

Kerala Handloom Workers’ Relief and Welfare Fund Board, Thalikavu, Kannur

3. The Chief Executive

Kerala Cashew Workers’ Relief and Welfare Fund Board, Kollam – 691 101

4. The Chief Executive Officer

Kerala Motor Transport Workers’ Welfare Fund Board, Kollam – 691 101

5. The Chief Welfare Fund Inspector

Kerala Toddy Workers’ Welfare Fund Board
Thiruvananthapuram – 695 011

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 6. The Chief Executive
Kerala Shops & Commercial Establishment Workers’ Welfare Board,
Thiruvananthapuram

7. The Labour Welfare Fund Commissioner

Kerala Labour Welfare Fund Board, Thiruvananthapuram

8. The Chief Executive Officer

Kerala Agricultural Workers’ Welfare Fund Board, Thrissur

9. The Chief Executive Officer

Kerala Beedi Cigar Workers’ Welfare Fund Board, SPCA Road, Kannur – 2

10. The Secretary, Kerala Buildings and Other Construction Workers Welfare Board
Thycaud, Thiruvananthapuram

11. The Chief Executive Officer

Kerala Head Load Workers’ Welfare Fund Board, SPM Road, Ernakulam

12. The Chief Executive Officer

Kerala Tailoring Workers’ Welfare Fund Board, Thycaud
Thiruvananthapuram – 695 014

13. The Chief Welfare Fund Inspector

Kerala Abkari Workers’ Welfare Fund Board, Power House Road
Thiruvananthapuram

(VII) DEVELOPMENT AUTHORITIES

1. Thiruvananthapuram Development Authority

2. Greater Cochin Development Authority
3. Goshree Island Development Authority

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 ANNEXURE 2

FORM OF TENDER

From

To

Sir,

I/We hereby tender to supply, under the annexed general conditions of contract; the whole
of the articles referred to and described in the attached specification and schedule, or any
portion thereof, as may be decided by Government, at the rates quoted against each item.
The articles will be delivered within the time and at the places specified in the schedule.

*I/We am/are remitting/have separately remitted the required amount of ` ……… (Rupees
………………………………………………. only) as earnest money.

Yours faithfully

Signature ……………..………………………..
Address… ……………..………………………..
Date:
*(To be scored in cases where no earnest money deposit is furnished)

(General Conditions on the reverse)

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 GENERAL CONDITIONS

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

1. The tenders should be addressed to the officer mentioned below in a sealed cover with
the tender number and name shown below duly superscribed on the cover.

2. The tenders should be in the prescribed form which can be obtained from the officer
mentioned below on payment of the price which is also noted below. Duplicate copies
of tender forms will also be issued at the rate specified below. The cost of tender forms
once paid will not be refunded. Tenders which are not in the prescribed form are
liable to be rejected. The rates quoted should be only in Indian currency. Tenders in
any other currency are liable to rejection.

3. Intending tenderers should send their tenders so as to reach the Officer mentioned
below, on due date and time (noted below). No tender received after the specified date
and time will be accepted on any account. The rates will be considered firm for
acceptance till the date mentioned below. Tenders not stipulating period of firmness
and tenders with price variation clause and/or ‘subject to prior sale’ condition are
liable to be rejected.

4. (a) Every tenderer who has not registered his name with the state Government (Stores
Purchase Department), should send along with his tender, an earnest money of one per
cent of the total cost of the articles tendered for (rounded to the nearest rupee) subject
to a minimum of ` 1500, if the amount calculated at one per cent of the value of the
articles tendered for falls below ` 1500. The amount may be paid either by remittance
into any Government Treasury in chalans in duplicate, duly countersigned by the
officer mentioned below or by Demand Drafts (crossed) on the local branch of State
Bank of Travancore/State Bank of India drawn in favour of the officer mentioned
below. In the case of remittance into the treasury, chalan receipt should be forwarded
along with the tender. Cheques will not be accepted. The earnest money of the
unsuccessful tenderers will be returned within a period of one month after the tenders
are settled; but that of the successful tenderers will be adjusted towards the security
that will have to be deposited for the satisfactory fulfillment of the contract. “If the
Earnest Money Deposit of the successful tenderer is not refunded within three months
of finalization of the contract interest at the rate of interest paid for S.B. accounts by
nationalized banks will be paid on the Earnest Money Deposit”.

(b) Tenderers whose names are registered with Government (Stores Purchase
Department) are generally exempted from furnishing earnest money for such articles
for which they have registered their names. If they tender for stores other than those
for which they have registered their names, they will have to furnish earnest money as
in the case of unregistered firms. Registered firms will have to quote invariably in

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 every tender they submit the registration number assigned to them by the Stores
Purchase Department.
(c ) (i) Micro, Small & Medium Enterprises and Cottage Industries and Industrial co-
operatives within the State which are certified as such by the Director of Industries and
commerce or by the Regional Joint Directors of Industries and Commerce will be
exempted from furnishing earnest money deposits in support of tenders submitted by
them to Government Departments. The Khadi and village Industries Co-operative
Societies and the institutions registered under the Literary, Scientific and Charitable
Societies Act and financed by the Kerala Khadi and Village Industries Board within
that State which are certified as such by the Secretary, Kerala Khadi Village Industries
Board will be exempted from furnishing earnest money deposits in support of tenders
submitted by them to Government Departments. Government Institutions/State
Public Sector Industries which manufacture and supply stores will also be exempted
from furnishing earnest money for tenders submitted by them.
(ii) Micro and Small Enterprises and Industrial Co-operatives within the State which
have been registered as such with the Industries Department (Department under the
control of the Director of Industries and Commerce) on furnishing proof of such
registration will be exempted from furnishing security deposit against contracts for
supply of stores manufactured by them provided that an officer of and above the rank
of Deputy Director of Industries and commerce having jurisdiction over the area also
certifies to the soundness and reliability of the concerns to undertake the contracts.
The Khadi and Village Industries Co-operative Societies within the State which have
been registered as such with the Kerala Khadi and Village Industries Board and the
institutions registered under the Literary, Scientific and Charitable Societies Act and
which are financed by the Board within the State on furnishing proof of such
registration will be exempted from furnishing security deposits against contracts for
supply of stores manufactured by them provided that the Secretary, Kerala Khadi and
Village Industries Board also certifies to the soundness and reliability of the concerns
to undertake the contracts. Government Institutions or any Institutions listed in
Annexure 16 which supplies stores, and Government of India Undertaking will also be
exempted from furnishing security in respect of contracts for supply of stores.
(d) In the matter of purchase of stores by the State Government Departments, Small
Scale Industrial Units sponsored by the National Small Scale Industries Corporation
Limited, New Delhi and in respect of which competency certificates are issued by the
Corporation will be exempted from payment of Earnest Money Deposits and Security
Deposits.
(e) The exemption stipulated in clauses (b), (c) and (d) above will not however, apply
to tenders for the supply of raw materials or dietary articles or stores on rate or
running contract basis.

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

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

7. Tenderers shall invariably specify in their tenders the delivery conditions including the
time required for the supply of articles tendered for.

8. (a) The tenderer shall clearly specify whether the articles offered bear Indian Standards
Institution Certification Mark or not. In such cases, they shall produce copies of
Certification mark along with their tender in support of it.
(b) Tenderers shall clearly specify whether the goods are offered from indigenous
sources, from imported stocks in India or from foreign sources to be imported under a
license. Government reserves the right to reject offers for import of goods if the Import
Trade Control Policy in force at the time of award of the contract prohibits or restricts
such imports.

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

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

11. Communication of acceptance of the tender normally constitutes a concluded contract.

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

12. (a) The successful tenderer shall, before signing the agreement and within the period
specified in the letter of acceptance of his tender deposit a sum equivalent to 5 per cent
of the value of the contract as security for the satisfactory fulfillment of the contract
less the amount of money deposited by him along with his tender. The amount of
security may be deposited in the manner prescribed in clause 4 supra or in
Government Treasury Savings Bank and the Pass Book pledged to Purchasing Officer
or in Fixed Deposit Receipts of State Bank of Travancore/State Bank of India endorsed
in favour of the above officer. Letters of guarantee in the prescribed form for the
amount of security from an approved Bank will also be considered enough at the
discretion of government. If the successful tenderer fails to deposit the security and
execute the agreement as stated above, the earnest money deposited by him will be
forfeited to Government and contract arranged elsewhere at the defaulter’s risk and
any loss incurred by Government on account of the purchase will be recovered from

155
 the defaulter who will, however, not be entitled to any gain accruing thereby. If the
defaulting firm is a registered firm their registration is liable to be cancelled.
(b) In cases where a successful tenderer, after having made partial supplies fails to
fulfil the contracts in full, all or any of the materials not supplied may at the discretion
of the Purchasing Officer, be purchased by means of another tender/ quotation or by
negotiation or from the next higher tenderer who had offered to supply already and
the loss, if any, caused to the Government shall thereby together with such sums as
may be fixed by the Government towards damages be recovered from the defaulting
tenderer.
(c) Even in cases where no alternate purchases are arranged for the materials not
supplied, the proportionate portion of the security deposit based on the cost of the
materials not supplied at the rate shown in the tender of the defaulter shall be forfeited
and balance alone shall be refunded.
(d) If the contractor fails to deliver all or any of the stores or perform the service
within the time/period(s) specified in the contract, the purchaser shall without
prejudice to its other remedies under the contract, deduct from the contract price as
liquidated, damages, a sum equivalent to 0.5% or 1% of the delivered price of the
delayed stores or unperformed services for each week of delay until actual delivery or
performance, upto a maximum deduction of 10% of the contract prices of the delayed
stores or services. Once the maximum is reached, the purchaser may consider
termination of the contract at the risk and cost of the contractor.

13. The security deposit shall, subject to the conditions specified herein, be returned to the
contractor within three months after the expiration of the contract, but in the event of
any dispute arising between the Department concerned and the contractor, the
Department shall be entitled to deduct out of the deposits or the balance thereof, until
such dispute is determined the amount of such damages, costs, charges and expenses
as may be claimed. The same may also be deducted from any other sum which may be
due at any time from Government to the contractor. In all cases where there are
guarantee for the goods supplied the security deposit will be released only after the
expiry of the guarantee period. If the Security is not released even after the completion
of one year, from the date of expiry of the period of contract provided there are no
complaints against the contractor. Interest at the rate of interest paid for S.B. accounts
by nationalized banks will be paid on the Security Deposit.
(a) “If the Earnest Money Deposit/Security Deposit is not released within the
period specified for no fault of the Contractor, the loss incurred to Government shall be
made good from the Officer responsible for the belated release of the Earnest Money
deposit/Security Deposit.”

14. (a) All payments to the contractors will be made by the Purchasing Officer in due
course:-
(i) either by Departmental cheques payable at the Kerala Government Treasuries; or
(ii) by cheques or drafts on the Reserve Bank of India, State Bank of India and State
Bank of Travancore (at any of their Principal Branches in India).

156
 (iii) In the case of supplies from abroad by drafts as may be, arranged between the
contracting parties.
(b) All incidental expenses incurred by the Government for making payments
outside the district in which the claim arises shall be borne by the contractor.

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

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

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

18. (a) In case the contractor becomes insolvent or goes into liquidation, or makes or
proposes to make any assignment for the benefit of his creditors or proposes any
composition with his creditors for the settlement of his debts, carries on his business or
the contract under inspection on behalf of or his creditors, or in case any receiving
order or orders, for the administration of his estate are made against him or in case the
contractor shall commit any act of insolvency or case in which under any clause or
clauses of this contract the contractor shall have rendered himself liable to damages
amounting to the whole of his security deposits, the contract shall, thereupon, after
notice given by the purchasing Officer to the contractor, be determined and the
Department/ Government may complete the contract in such time and manner and by
such persons as the Department/Government shall think fit. But such determination
of the contract shall be without any prejudice to any right or remedy of the
Government against the contractor or his sureties in respect of any breach of contract

157
 therefore committed by the contractor. All expenses and damages caused to
Government by any breach of contract by the contractor shall be paid by the contractor
to Government, and may be recovered from him under the provisions of the Revenue
Recovery Act in force in the State.
(b) The persons/contractors submitting tenders should produce a solvency certificate,
clearly indicating to what extent they are solvent from the Tahsildar of the Taluk
where they reside along with their tenders.

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

19. (a) In case the contractor fails to supply and deliver any of the said articles and things
within the time provided for delivery of the same, or in case the contractor commits
any breach of any of the covenants, stipulations and agreements herein contained, and
on his part to be observed and performed, then and in any such case, it shall be lawful
for Government (if they shall think fit to do so) to arrange for the purchase of the said
articles and things from elsewhere or on behalf of the Government by an order in
writing under the hand of the Purchasing Officer put an end to this contract and in
case the Government shall have incurred, sustained or been put to any costs, damages
or expenses by reason of such purchase or by reason of this contract having been so
put an end to or in case any difference in price, compensation, loss, costs, damages,
expenses or other money shall then or any time during the continuance of this contract
be payable by the contractor to the Government under and by virtue of this contract, it
shall be lawful for the Government from and out of any moneys for the time being
payable or owing to the contractor from the Government under or by virtue of this
contract or otherwise to pay and reimburse to the Government all such costs, damages
and expenses they may have sustained, incurred or been put to by reason of the
purchase made elsewhere or by reason of this contract having been so put an end to as
aforesaid and also all such difference in price, compensation, loss, costs, damages,
expenses and other moneys as shall for the time being be payable by the contractor
aforesaid.
(b) In case any difference or dispute arises in connection with the contract, all legal
proceeding relating to the matter shall be instituted in the Court within whose
jurisdiction the Purchasing Officer voluntarily resides.

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

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

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

23. (a) No representation for enhancement of rates once accepted will be considered.
However, in exceptional cases if Government is convinced of any compelling need for
enhancement of rate, it may do so.
(b) In the case of imported goods, when the price accepted is the ex-site price quoted
by the tenderer, the benefit of any reduction in the c.i.f. price should accrue to the
purchasing Department of Government.

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

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

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

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

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28. (a) The prices quoted should be inclusive of all taxes, duties cesses, etc., which are or
may become payable by the contractor under existing or future laws or rules of the
country of origin/supply or delivery during the course of execution of the contract.
(b) In case payment of customs/excise duty is to be made by the Purchasing Officer,
the Purchasing Officer will pay the duty on the “unloaded invoice price” only in the
first instance, any difference being paid when the tenderer produces, the final
assessment orders later.

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

“Certified that the goods on which sales tax has been charged have not been exempted
under the Central Sales Tax Act or States Sales Tax Act or the Rules made thereunder
and the charges on account of sales tax on these goods are correct under the provisions
of the relevant Act or the rules made thereunder, Certified further that we (or our
Branch or agent) (Address)………………………………………………………………….
are registered as dealers in the State of ................................................................................
under Registration No. …………………………………………………. for purposes of
sales tax.”

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

31. (This applies only to the case of supply contracts where works such as erection and
construction have also to be done. This may be scored out when not applicable). In
the event of any question or dispute arising under these conditions or any special
conditions of this contract or in connection with this contract the same shall be referred
to the award of an arbitrator to be nominated by the purchasing officer and an
arbitrator to be nominated by the contractor or in case of the said arbitrators not
agreeing then to the award of an umpire to be appointed by the arbitrators in writing
before proceeding on the reference and the decision of the arbitration or in the event of
their not agreeing of the umpire appointed by them shall be final and conclusive and
the provision of the Indian Arbitration Act, 1940 and of the rules thereunder and any
statutory modifications thereof shall be deemed to apply to and be incorporated in this
contract. Upon every and any such reference the assessment of the costs incidental to
their reference and award respectively shall be in the discretion of the arbitrators or in
the event of their not agreeing of the umpire appointed by them. The venue of
arbitration shall be the place from which the acceptance of tender is issued or such
other place as the purchaser at his entire discretion may determine.

32. The tenderer should send along with his tender an agreement executed and signed in
Kerala Stamp Paper of value ` 15 purchased in the Kerala State. Stamp Paper will be
supplied to firms outside Kerala along with the tender forms on payment of ` 20 (` 15
being the value of the stamp paper and ` 5 incidental charges) which may be remitted

160
 by money order in advance. A specimen form of agreement is also given in this
Annexure. Tenders without the agreement in stamped paper will be rejected outright.
But in deserving cases where agreement has not been received, the purchasing officer
may exercise his discretion and call upon such tenderer to execute the agreement
within a period of ten days from the date of issue of such intimation, if the Purchasing
Officer is satisfied that the omission to forward the agreement along with the tender
was due to causes beyond the control of the tenderer and was not due to any
negligence on his part. Agreement received from a tenderer after the above time limit
will not be considered.

Superscription - Tender No………………………………. for………………………

Due date and time for receipt of tender
Date and time for opening of tender
Date upto which the rates are to be firm
Price of tender form
Price of duplicate copy
Address of Officer from whom tender
forms are to be obtained and to whom
tenders are to be sent:

Name of Office: (Name & designation of Purchasing Officer)

Station and date:

SCHEDULE OF MATERIALS

Sl. No. Specifications Quantity Unit Rate Total Remarks

(Rs. P.) (Rs. P.)
1 2 3 4 5 6 7

Whether samples essential:

Period within which goods should be delivered:

Rates should be quoted for delivery f.o.r ………………………………………………………...

………………………………………. at Departmental Stores …………………………………..

Other special conditions:

161
 AGREEMENT

Articles of agreement executed on this the ……… day of …………………………………

………………………………………… between the Governor of Kerala (hereinafter referred
to as “the Government”) of the one part and Shri.…………………………………………
………………………………………………………... (H.E. name and address of the tenderer)
(hereinafter referred to as “the bounden”) of the other part.

WHEREAS in response to the Notification No……………….. dated ………………….. the

bounden has submitted to the Government a tender for the ………………………
specification therein subject to the terms and conditions contained in the said tender;

WHEREAS the bounden has also deposited with the Government a sum of
`.………………………………………….. as earnest money for execution of an agreement
undertaking the due fulfillment of the contract in case his tender is accepted by the
Government.

NOW THESE PRESNTS WITNESS and it is hereby mutually agreed as follows:

1. In case the tender submitted by the bounden is accepted by the Government and the
contract for ………………………… is awarded to the bounden, the bounden shall
within …………….days of acceptance of his tender execute an agreement with the
Government incorporating all the terms and conditions under which the Government
accepts his tender.

2. In case the bounden fails to execute the agreement as aforesaid incorporating the
terms and conditions governing the contract, the Government shall have power and
authority to recover from the bounden any loss or damage caused to the Government
by such breach as may be determined by the Government by appropriating the
earnest money deposited by the bounden and if the earnest money is found to be
inadequate the deficit amount may be recovered from the bounden and his properties
movable and immovable in the manner hereinafter contained.

3. All sums found due to the Government under or by virtue of this agreement shall be
recoverable from the bounden and his properties movable and immovable under the
provisions of the Revenue Recovery Act for the time being in force as though such
sums are arrears of land revenue and in such other manner as the Government may
deem fit.

162
In witness whereof Shri…………………………………………………….. (H.E. name and
designation) for and on behalf of the Governor of Kerala and Shri.
……………………………………………. Bounden have hereunto set their hands the
day and year shown against their respective signatures.

Signed by Shri. ………………………………….. (date) ……………………………………..

In the presence of witnesses:

1. ………………………………………………

2. ………………………………………………

Signed by Shri. ………………………………….. (date) ……………………………………..

In the presence of witnesses:

1. ………………………………………………

2. ………………………………………………

163
 ANNEXURE 3

FORM OF APPLICATION FOR REGISTRATION

APPLICATION FOR REGISTRATION OF FIRMS IN THE APPROVED LIST

STORES PURCHASE DEPARTMENT
GOVERNMENT OF KERALA

N.B. – (i) Unless complete and definite answers are given to the questions below, the
application is liable to be ignored.
(ii) Separate sheets may be used where the space provided is not sufficient.

1. Name of firm (in block letters)

2. (a) Address
Head Office
Branches
(b) Name and address of allied or associated firms

3. Telegraphic address (if any)

4. (a) Date of commencement of business

(b) Working capital

5. Is your firm registered under

(a) The Indian Companies Act, 1913 or 1956

(b) The Indian Partnership Act, 1932
(c) Any Act-If not who are the owners
(Please give full address – see also declaration below)
(d) The Indian Factories Act

*Replies to questions at 5 (a) (b) and (d) must be substantiated by ..

(a) Copy of Memorandum of Association
(b) Statement in Register of Firms showing names of partners (Attested copy)
(c) Registration number and date

6. Are you a manufacturer?

If so, please give …

(i) Details of stores manufactured, specifying each item separately

(ii) Full address of factory or workshop owned by you (with documentary proof of
ownership)

164
7. Are you a manufacturer’s agent?

If so, please give

(i) Name and address of each manufacturer

(ii) Stores manufactured by each
(iii) Letter of authority appointing you as Agents, in original, which must indicate
whether the manufacturers will also deal with Government director only
through your agency.

If so, please give ..

(i) Items of stores stocked

(ii) The quantity and value of stocks held at present and of which you are the
owner
(iii) Addresses of godown (s) where stocked

8. Are you a stockist only?

9. Names and permanent addresses of the Proprietors or Partners or Directors, etc.

(a) Name, designation and addresses of the persons signing this application.

10. Name and full address of your bankers stating the name in which the account stands.

11. Are you on the list of approved contractors of the following and if so, give details of
Registration:-

(i) Director General of Supplies and Disposals

(ii) Any State Government
(iii) Any other authority

12. Did you apply for registration with his Department before; if so, with what result.

13. Has anyone in the Kerala Government Service any interest in the business (other
than being a share-holder in the case of joint stock companies).

14. Give details of any contracts executed during the last two years for any Government
Department.

15. Give details of the stores against which your name is to be registered (give the list of
stores in triplicate).

16. Have you remitted the prescribed registration fee? If so, give amount and date of
remittance.

165
17. Where you or any other persons interested in the business removed/black-listed
from the list of approved suppliers of this or any other Government.

18. Have you been paying Income tax and Sales tax regularly?
If so, attach certificates to that effect from the authorities concerned

DECLARATION TO BE MADE BY THE APPLICANT

(Vide Question 5 (c)

We……………………………………………………………………………………………………….
(name of *Partners/Proprietors/or Directors) do hereby declare that the entries made in this
application form are True to the best of our knowledge and also that we shall be bound by
the acts of our duly, constituted Attorney Mr. ………………………………………… who has
signed this application and of any other person who in future may be appointed by us in his
stead to carry on the business of the concern whether an intimation of such change is given
to you or not.

We have read the conditions of registration and have accepted them.

Signature of Partners, Proprietors or Signature and designation

Directors of unregistered firms of persons signing this application

Place
Date

……………………………………………………………………………………………………………
Note: All subsequent changes in constitution of a firm, affecting the accuracy of the answers
now given should be promptly communicated to the Secretary, Stores Purchase Department,
Government Secretariat, Thiruvananthapuram.

* Strike out items not applicable

166
 ANNEXURE 4

LIST OF STORES USUALLY ORDERED

(The list is tentative and mentions important items only)

GROUP I

A. STATIONERY AND PRINTING

I List of Standard Items of Paper and Boards

1 Art card board white

2 Art Paper
3 Azurelaid ledger paper
4 Bond paper
5 Cartridge paper/Drawing paper
6 Cheque paper
7 Cloth lined paper
8 Colour printing paper
9 Cover paper
10 Cream wove paper
11 Cream wove super calendered paper
12 Duplicating paper
13 Colour wove paper
14 Ivory card
15 Craft paper
16 Maplitho printing paper
17 Manifold paper
18 Pulp board white and coloured
19 Photocopying paper
20 Straw board
21 Typewriting paper
22 White printing paper
23 Unbleached printing/semi bleached printing paper
24 Computer printing paper
25 Computer printer ribbon
26 Computer stencil paper (digital)
27 Floppy disc
28 C.D.
29 Printer cartridge
30 USB flash drive (Pen Drive)
 

167
II LIST OF STANDARD MISCELLANEOUS ITEMS OF STATIONERY

Annual Items

1 Adhesive office paste

Binding Materials

2 Book binding leather

3 Book binding cloth (calico)
4 Rexine vinyl coated art fabric
5 Morooco leather
6 Cambric cloth
7 Carbon paper
8 Carbon paper pencil
9 Invitation cover
10 Common cover

Drawing materials

11 Drawing pin brass

12 Indian ink stick
13 Typewriter eraser

File Board

14 Handmade file board

15 Millmade file board
16 File book
17 Gum Arabic (Acacia)
18 Glue
19 Duplicating ink
20 Writing ink
21 Numbering ink
22 Stamp pad ink
23 Registration ink
24 Printing ink
25 Oil for typewriters
26 Oil cloth
27 Page cord
28 Pin sheet
29 Gem clip
30 Pencils
31 Stamp pad
32 Ribbon for Typewriter
33 Stencil paper
34 Laundry soap
35 Tag
36 Twine
37 Tracing paper
38 Tracing film
39 Write tape

168
40 Coloured tape
41 Sealing wax
42 Computer stationery

Non Annual Items

1 Auto writing sheet (Stylus plate)

2 Bound books
3 Brush, dust cleaning
4 Brush, typewriter cleaning
5 Ball point pen with jotter refill
6 Call bell spring nickel plated
7 Cello-tape
8 Drawing pen
9 Binder’s needle
10 Paper weight (Rubber Glass)
11 Pin cushion
12 Stationery punch single hole pliers
13 Sewing thread
14 Stapler
15 Stapling wire
16 Binding scissors
17 Stationery scissors
18 Stylus pen
19 Writing pad
20 Table cloth
21 Pen stand
22 Correcting fluid
23 Instantaneous binder
24 Finger print ink black
25 Pen stand
26 File book
27 Ward book
28 Letter weighing balance (brass)
29 Metric weights (brass)

Office Machines

1 Typewriter – brief & policy size

2 Duplicator thin cylinder – Hand operated & electric
3 Numbering machine

Items specially indented by the Office of the Ministers and Chief Secretary

1 File cover
2 Plastic file folder
3 Chelpark ink (various colours)
4 Brill ink (various colours)
5 Refills for Reynolds ball pen
6 Reynolds ball pen
7 Jolter ball pen
8 Refill for other ball pen

169
 9 Rubber piece, eraser and type eraser
10 Ribbon cassettes
11 Correction tape
12 Correction fluid
13 Glory (Office paste)

B DRAWING MATERIALS

1 Blue printing machine

2 Blue printing materials
3 Crow quills
4 Drawing Papers
5 Drawing pen
6 Drawing brushes
7 Drawing pencils
8 Drawing instruments and accessories
9 Footrule, set square, etc.
10 Indian ink
11 Tracing cloth and paper
12 Water colours
13 Polyester tracing and Drafting films

C MATHEMATICAL AND SURVEYING INSTRUMENTS

1 Engineer’s measuring instruments

2 Measuring tapes
3 Marine instruments
4 Surveying instruments
5 Surveying Chains
6 Surveying accessories

D MISCELLANEOUS

1 Balance other than Laboratory balances

2 Bicycles
3 Beltings-cotton, canvas, etc.
4 Clocks and timepieces
4(a) Coir rope
5 Corks sheets, fiber sheet etc.
6 Cotton clean for stuffing
7 Cotton ropes
8 Cotton wastes
9 Fireclay
10 Fire extinguishers
11 Fire fighting equipment
12 Fish oil
13 Fixograph boards
14 Glass plater and sheet
14(a) Glassware other than Laboratory Glassware
15 Gauge glass
16 Hurricane lanterns, petromax, blow lamps
17 Manilla ropes, Sisal rope, etc.

170
18 Plywood and Hardboard
19 Packing boxes
20 Packing-Shemb, asbestos, rubber etc.
21 Rubber goods-Sheets, tubes, etc.
22 Shellac
23 Sewing machine
24 Soaps
25 Stoves
26 Sports goods
27 Weighing machine
28 Maps and Charts, etc.
29 Models
30 Musical Instruments
31 Laundry and Drycleaning equipments

GROUP II

A TEXTILE AND UNIFORM MATERIALS

1 Badges buckles, button etc.

2 Bandage, cloth and gauze
3 Bannath, blazer etc.
4 Blankets and Jamakals
5 Gold and silver laces
6 Hats and Caps
7 Haversacks, water bottles
8 Hosiery, cotton and woolen
9 Miscellaneous textiles
10 Mosquito curtains, nets
11 Raincoats
12 Span yarn
13 Towels, dusters, dungry, etc
14 Uniform cloths and materials
15 Woolen fabrics and goods
16 Yarn-Cotton, wool and silk

B JUTE AND HESSIAN GOODS

1 Canvas
2 Filter cloth for Ceramic Factory
3 Gunnies
4 Hessian cloth
5 Hemp
6 Jute and hessian threads
7 Tarpaulins
8 Waterproof of canvas, etc.

C LEATHER AND LEATHER GOODS

1 Boots
2 Chamois leather
3 Foot-wear (Shoes, Chappals etc.)
4 Hides and skins (raw and tanned)

171
 5 Leather grindery
6 Leather belts, scabbards, etc.
7 Leather beltings
8 Leather washers
9 Leather bags and case
19 Murocco leather
11 Saddlery

D UPHOLSTERY MATERIALS
1 Upholstery cloth and leather cloth or Rexene
2 Plastics

GROUP III

A PAINTS, POLISHES, ETC.

1 Abrasives
2 Bees wax
3 Boot polish
4 Cuttleflesh bones
5 Dubbin
6 Destempers
7 Enamels
8 French polish
9 Lacquers, diluents, thinners, etc.
10 Linseed oil
11 Metal polish, floor polish, etc.
12 Painting brushes
13 Paints R.M. and stiff
14 Turpentine
15 Varnishes
16 Wood oil

B MINERAL OILS, ETC.

1 Fuel oils ( Petrol, Kerosene, Diesel oil, etc.)

2 Lubricants
3 Transformer oil
4 Furnace oil

C VEGETABLE OILS

1 Coconut oil
2 Gingelly oil
3 Castrol oil
4 Groundnut oil
5 Others

172
 GROUP IV

A MEDICAL

1 Antibiotics
2 Artificial limbs and rehabilitation aids
3 Ayurveda superior medicines for preparation of drugs
4 Chemicals
5 Bottles, corks, etc.
6 Chemicals (other than Heavy Chemicals)
7 Disinfectants
8 Drugs
9 Enamelware
10 Fungicide
11 Glassware
12 Hospital furniture and equipment
13 Insecticides, larvicides, etc.
14 Injectibles
15 Laboratory equipment
16 Oils (medical)
17 Pharmaceutical Products
18 Specialties patents
19 Sera and vaccines
20 Spirits
21 Surgical instruments
22 Surgical appliances
23 Surgical dressings
24 Tinctures, liniments, syrups
25 Veterinary and Horticultural Medicines

B ELECTRO MEDICALS

1 X-ray apparatus
2 X-ray accessories
3 Other electro-medical equipment
4 Radium
5 Photographic materials–miscellaneous

C PHOTOGRAPHIC MATERIALS

1 Cameras, lenses, etc.

2 X-ray films, plates, etc.
3 Photo blocks
4 Photographic chemicals including X-ray chemicals
5 Photographic materials – miscellaneous
6 Plates, films, papers, etc.
7 Sound projectors

D CHEMICALS, LABORATORY EQUIPMENT

1 Apparatus and fittings

2 Balances and weights

173
 3 Chemicals fertilizers
4 Chemical dyes
5 Colours
6 Heavy chemicals
7 Hoses for oils, etc.
8 Plant protection chemicals
9 Pure and fine chemicals
10 Laboratory chemicals and equipment in general
11 Quart, feldspar and gypsum
12 Soda ash and caustic soda
13 Sulphate of alumina

E EXPLOSIVE, AMMUNITION, ETC.

1 Ammunition
2 Explosive for rock drilling
3 Explosive for earth moving

F MINERAL PRODUCTS

1 Quartz, F and G
2 Graphite
3 Plumbago

GROUP V

A HARDWARE

1 Bearings
2 Bolts and nuts, rivets
3 Builders hardware
4 Buckets
5 Barbed wire
6 C.I. scraps
7 C.I. pipes, bends and other castings
8 G.I. sheets and wire
9. Expanded metal
10 Fabrications and fittings
11 G.I. wire netting, webbing, etc.
12 G.I. fittings for electric transmission lines, etc.
13 Handcuffs
14 Iron chains
15 M.S. rounds, flats, angle, channels, hoops, etc.
16 Iron safes, cash boxes, etc.
17 M.S. washers
18 Locks
19 Nails and screws
20 Non-ferrous metals, alloys, ingots, sheets, wires, rods, pipes, etc.
21 Pig iron
22 Pully blocks
23 Rails, fish-plates, etc.
24 R.S. girders, joints, etc.

174
25 Stay tighterners
26 Spring steel
27 Springs
28 Type metal
29 Tin containers
30 Tool steel
31 Turn buckles
32 Utensil – brass, copper, aluminium, etc.
33 Wire brushes
34 Wire ropes

B TOOLS AND IMPLEMENTS

1 Bill books, choppers, etc.

2 Drills and reamers
3 Electricians’ tools
4 Felling axe
5 Garden tools
6 Hand tools
7 Jacks
8 Knurling tools
9 Mammatties, spades, pickaxes, shovels, etc.
10 Mortar pans
11 Metal working tools
12 Wood working tools
13 Wrenches, spanners, etc.
14 Agricultural implements (hand operated)
15 Areacanut/Coconut/Palm Climber
16 Areacanut/Coconut De-husker
17 Cono Weeder
18 Cage Wheel
19 Cultivator
20 Rotavator
21 Backhoe
22 Front End Loader
23 Disc Plough
24 Disc Harrow
25 Ridger
26 Mould Board Plough
27 Post Hole Digger
28 Sub Soiler
29 Leveller
30 Laser Leveller
31 Rotary Tiller
32 Fertilizer cum Seed Drill
33 Seeding/Pot Trays
34 Safety Equipments (Helmet, Glouse, Gum Boot, Belt etc.)
35 Measuring materials (Pressure gauge, altimeter, moisture meter, etc.)
36 Ultra Light Pole
37 Feramon Trap/Light Trap
38 Trays for Nursery Rising
39 Milk Can, Ear tag, Rubber mat etc.

175
C WATERWORKS AND SANITARY GOODS

1 Asbestos cement pipes

2 C.I. pipes
3 G.I. popes and fittings
4 Hose popes-rubber, canvas, armoured, etc.
5 Stoneware pipes and fittings
6 Sanitary ware and fittings
7 Sluice valves
8 Venturimetres
9 Water metres
10 Water works fittings
11 PVC/FRP water tanks
12 RCC spun pipe and fittings
13 RCC/PVC sewage/septic tanks
14 Gun metal/CI cast iron/PVC valves
15 PVC/RCC/GI/CI/HDPE/PPr/ASTM/uPVC/cPVC Pipes & Accessories
16 Sprinkler/Drip materials
17 Water Purifier

GROUP VI

A GENERAL MACHINERY

1 Air compressors
2 Boilers, etc.
3 Bitumen boilers, concrete mixtures, etc.
4 Concrete mixers, vibrators, etc.
5 Ceramic machinery
6 Cranes, winches, derricks, etc.
7 Dam and barrage equipment-gates, control, etc.
8 Diesel locomotives
9 Earthmoving machinery
10 Electric blowers
11 Electrodes
12 Filter plant
13 Filter-streamline for oils
14 Gas, steam and oil engines
15 Granulators
16 Ice plant
17 Laboratory Engines
18 Machines, tools and accessories
19 Metal working machinery
20 Marine engine
21 Machinery for smithy shop
22 Poultry farm equipment
23 Pneumatic tools and accessories
24 Machinery for milk and milk products
Trailer Pumps
25 Pumpsets and accessories
26 Road making and dressing machinery
27 Road rollers

176
28 Stone crushers
29 Tipping wagons
30 Textile machinery
31 Trailer pumps
32 Welding sets
33 Well drilling equipment
34 Wood working machinery
35 Wheel barrows
36 Coir Rat Machinery
37 Weed Cutter/Brush Cutter
38 Garden Tiller/Mini Tiller
39 Earth Augur
40 Lawn Mover
41 Tea Plucker
42 Power Weeder
43 Chain Saw
44 Pole Pruner
45 Hedge Trimmer
46 Fogging Machine
47 Uruli Roaster
48 Vacuum Cleaner
49 High Pressure Cleaner
50 Shreader
51 Rubber Roller
52 Paddy Thresher
53 Paddy Winnover
54 Paddy Thresher cum Winnover
55 Copra Drier
56 Chaff Cutter
57 Pulveriser
58 Rice Huller
59 Oil Expeller/Filter press
60 Freezer
61 Plastic Shredding Machine
62 Sanitary Napkin Vending Machine/Destroyer
63 Leaf cup/plate making machine
64 Machineries/equipments for slaughter house
65 Paper carry bag/cup/plate/envelop making machine
66 Potato chips making machine
67 Pappad/Chapati making machine
68 Vermicelli making machine
69 Pet bottle/Pouch/bottle making machine
70 Banana fibre extracting machine
71 Coir de-fibering machine
72 Power laundry machinery
73 Packing/sealing machine
74 Electric Motors
75 Diesel/Petrol Engines
76 Petty and para with accessories
77 Alternators
78 Cream separator
79 Egg incubator/hatcher

177
80 Bailing machine
81 Bailing press

B MOTOR VEHICLES, TRACTORS, ETC.

1 Agricultural –Tractors
2 Vehicles petrol driven
3 Vehicles, diesel driven
4 Cars
5 Jeeps
6 Garage tools and equipment
7 Tyres, tubes and flaps
8 Motor spares
9 Trailers
10 Power sprayer for plant protection work
11 Manually operated compression sprayer for plant protection work
12 Combine harvester
13 Paddy transplanter
14 Power tiller
15 Nursery raising machines
16 Seedling machine
17 Mini tractors with accessories
18 Trailer for Tractor/Tiller/Jeep
19 Garbage trailer/Tipping trailer
20 Trailer mounted water tanks with pump
21 Paddy reaper

C GASES AND GAS PLANTS

1 Oxygen – Industrial and Medical

2 Acetylene
3 Ammonia
4 Gas plants
5 Gas fittings
6 Nitrous oxide
7 Carbon dioxide
8 Chlorine (liquid and gas)
9 Others
10 PVC/FRP Biogas Plants
11 Bio gas stove and fittings
12 PVC Pipe composting units
13 PVC/Terracotta vermi compost units
14 PVC/GI/MS waste bin
15 Incinerators
16 Crematorium

178
 GROUP VII

A SUB GROUP A – ELECTRICAL ITEMS

1 Accumulator cell
2 A.C.S.R. conductors and Accessories
3 Air conditioning equipment
4 Amplifiers
5 Batteries for vehicles, etc.
6 Battery plates
7 Cells, Dry
8 Copper conductors
9 Cables – V.I.R., C.T.S. weather proof P.V.C. etc.
10 Cables underground
11 Conduits and accessories
12 Carbon brushes
13 Electric lifts
14 Electric motors
15 Electric fractional
16 Electric appliances-stoves, heaters, ironing box, etc.
17 Electric bulbs
18 Flashlights, cells, bulbs
19 Flood lights
20 Fans-table, ceiling, exhaust and others
21 Generating sets
22 Hydro-electric machinery
23 Insulators L.T.
24 Insulators H.T.
25 Insulating materials
26 Lamps – General service and others
27 Lighting arresters
28 P.A. equipment
29 Meters and other measuring instruments
30 Penstock lines
31 Power packs
32 Radios
33 Rectifiers
34 Refrigerators, cold storage, etc.
35 Shades, globes, etc.
36 Storage batteries
37 Steel windows, ventilators, rolling shutters, etc. for power house
38 Siren
39 Street light, reflectors, etc.
40 Switchgear
41 Transformers
42 Telephone and accessories
43 Transmission line towers
44 Transmission line materials
45 Turbines, water wheels
46 Water coolers
47 Wires-enameled, fuse, etc.
48 Wiring accessories

179
 49 LED Products (LED Lighting System)
50 Solar energy/lighting systems and accessories
51 CFL Road Lighting Luminaries
52 Fluorescent Fixtures
53 Electrical Spares
54 Electronic Brackets
55 Mounting Brackets
56 LED Street Light
57 Sodium Vapour Lamp Fittings
58 Control Panel Board

SUB GROUP B-ELECTRONIC EQUIPMENTS

1 Electronic Typewriter
2 Electronic Tape recorder
3 Computer and computer peripherals
4 Telecommunication equipments and micro processor development system
 

GROUP VIII
 

A BUILDING MATERIALS

1 Asbestos, cement sheets, pipes, etc.

2 Bricks, wire cut
3 Bricks, others
4 Cement and cement products
5 Surkie
6 Tiles – roofing, flooring, etc.

B ROAD DRESSING MATERIALS

1 Asphalt (Bitumen)
2 Tar (Coal or wood)
3 Other road dressing materials

C FUELS

1 Charcoal
2 Coal and coke
3 Firewood

GROUP IX

A OFFICE – FURNITURE

1 Cane furniture
2 Steel furniture
3 Wooden furniture

180
 B HOSPITAL FURNITURE - STEEL FURNITURE

1 Bedsteads
2 Beside lockers
3 Instruments tools
4 Exam. Table
5 Trolleys’
6 Stretchers, etc.

GROUP X

OTHERS
 

1 Bicycles/Tricycles
2 Tender coconut parlour/elaneer pandal
3 Bio fertilizers/bio pesticides
4 Honey bee colony with extractor
5 Seeds and seedlings
6 Rain water harvesting system
7 Shade net
8 UV film
9 Tarpaulin
10 Green House, Poly house, glass house, mist chamber etc.
11 Solar battery, solar drier, solar water heater, solar panel, solar lantern, solar
cooker
12 Grow bags

181
 ANNEXURE 5

FORM OF REGISTER OF APPROVED SUPPLIERS

Serial No.

Date of application

Registration No.

Date of receipt of application

Whether Manufacturer, Stockist, Agent,

Others

Full Address

Cable/Grams
Telephone No.
E mail address
Web site address

Final status (Confidential)

………………………………………………………………………
………………………………………………………………………

Stores handled (Group, sub-group and item Nos.):

Person authorized to enter into contracts and sign agreements

1. Name ………………………………………………………………………
Designation ……………………………………………………………………..

2. Name ………………………………………………………………………
Designation ………………………………………………………………………

3. Name ………………………………………………………………………
Designation

Secretary, Stores Purchase Department

182
 Renewal of Registration

Year of Date of Initials Year or Date of Initials

Period Renewal Period Renewal

Change of Orders Placed (Number and Date of Order and Name of

Address Materials

Details of Defaults, Punishments, etc.

(Nature of default or punishment and
Number and date of communication)

Remarks

183
 ANNEXURE 6

FORM FOR CERTIFICATE OF REGISTRATION

CERTIFICATE OF REGISTRATION
STORES PURCHASE DEPARTMENT, GOVERNMENT OF KERALA

Registration No………………………….

Messrs…………………………………………………………………………………………………...
is/are registered as approved suppliers to the Government of Kerala in respect of the Stores
specified below. The registration is subject to the conditions stipulated overleaf.

The registration is valid till ………….. unless terminated earlier.

Name and Signature of the Officer

Thiruvananthapuram
Date:

CONDITIONS OF REGISTRATION

1. The registration should be renewed before the validity expires. This certificate should be
returned with the application for renewal.
2. Application for renewal will be accepted without penalty till the last date of validity
mentioned obverse, and with penalty fee of `25 upto one month thereafter. The
application should be supported by the prescribed fee and necessary tax clearance
certificates.
3. Any change of address should be notified promptly.
4. The registration No. should be quoted in all tenders/quotations submitted by the firm.
They should also certify that they are registered for the articles tendered for.
5. Registration may be cancelled for any of the following reasons:-
i) Failure to renew registration within the prescribed time.
ii) Failure to observe the instructions given in the tender notices including schedule.
iii) Failure to quote in response to invitations to tender on four successive occasions.
iv) Submission of four successive quotations all of which are 50% or more above the
quotation ultimately accepted.
v) Failure to secure a contract during the first three year period after registration.
vi) Failure to perform a contract or contracts satisfactorily and in accordance with the
obligations of the contract.
vii) Any grounds which in the opinion of Government render the retention of the
contractor’s name on the list of approved contactors undesirable in public interest.

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 ANNEXURE 7

FORM OF CERTIFICATE OF RENEWAL OF REGISTRATION

CERTIFICATE OF RENEWAL OF REGISTRATION

STORES PURCHASE DEPARTMENT, GOVERNMENT OF KERALA

Registration No.
Thiruvananthapuram
Date:

The registration of Messrs …………………………………………… (Registration No.

…………………..dated ……………………………………………..) as approved
suppliers to the Government of Kerala is renewed for the period from
……………………………………..to ………………………………………. subject to the
conditions of registration specified in the original certificate. The new number
assigned to you is ……………………………………………………………………………..

Signature of the Officer

To
Messrs……………………………………..
………………………………………………….
………………………………………………….

NOTE:

(1) New number assigned to you should be quoted as the Registration Number in all
tenders submitted by you to the Officers of the Kerala Government.

(2) Application for further renewal should be made before the validity of this renewal
expires, accompanied by the prescribed fee and documents.

(3) Failure to renew the Registration within a period of two years from date of expiry will
entail automatic cancellation of the Registration.

185
 ANNEXURE 8

FORM OF ANNUAL INDENT FOR STORES

Kerala Financial Code, Vol. II, Form No. 13

General Details
Department
Indent No:
Date:
Reference, if any:
Has the required funds been
provided for in the budget for
the year?
If funds not budgeted, give
details of sanction for
expenditure for the purchase

Purchase Details
Sl. Particulars Details
No.
1 Sanction order details

2 Address to which stores indented

are to be consigned (nearest
Railway Station should be
mentioned)
3 Name & designation of officer
who will inspect the consignment
4 Any other special instruction

I hereby certify that the purchase of the Stores included in this indent is within my
administrative powers/has been sanctioned by competent authority vide the sanction order
noted in the remarks column of the indent.

Station:
Signature and
Date: Designation of Indenting Officer

Note: Annexure 8 has been modified. The modification need to be incorporated in Form
No. 13 of the Kerala Financial Code, Vol. II.

186
 REVERSE OF K.F.C. FORM 13

Sl. Articles with Stock on Purchase Quantity Rate at which Name Purpose Place at Classification Remarks
No. full hand after of the required last purchased or of last for which which number
description verification year for the estimated cost if supplier articles are delivery
and accurate including year fresh purchase required to is
specification, goods on (which should be guide sought
etc. order specified) supply
Unit Amount
Rs. Ps.
1 2 3 4 5 6 7 8 9 10 11 12

187
 ANNEXURE 9

LIST OF HEADS OF DEPARTMENTS

1 Secretaries, Additional Secretaries and Joint Secretaries to Government (including

Secretary to the Legislative Assembly)
2 Director of Agriculture, Vikas Bhavan, Thiruvananthapuram
3 Director of Animal Husbandry, Vikas Bhavan, Thiruvananthapuram
4 Director of Archaeology Department, Thiruvananthapuram
5 Director of Archives Department, Thiruvananthapuram
6 Director of Ayurveda Medical Education Department, Thiruvananthapuram
7 Chief Chemical Examiner, Chemical Examiner’s Laboratory, Thiruvananthapuram
8 The Director, Commissionerate of Civil Supplies, Thiruvananthapuram
9 The Commissioner of Commercial Taxes, Thiruvananthapuram
10 The Commissioner of Excise, Thiruvananthapuram
11 The Commissioner of Land Revenue, Thiruvananthapuram
12 The Commissioner of Rural Development, LMS Compound, Thiruvananthapuram
13 The Registrar of Co-operative Societies, Thiruvananthapuram
14 The Director of Culture, Thiruvananthapuram
15 The Director of General Prosecution, Ernakulam
16 The Director, Dairy Development Department, Thiruvananthapuram
17 The Drugs Controller, Thiruvananthapuram
18 The Director, Economics & Statistics Department, Vikas Bhavan, Thiruvananthapuram
19 The Director of Collegiate Education, Vikas Bhavan, Thiruvananthapuram
20 The Director, Technical Education Department
21 The Director of Public Instructions, Thiruvananthapuram
22 The State Project Director, S.S.A., Thiruvananthapuram
23 The Commissioner for Entrance Examinations, Thiruvananthapuram
24 The Director Higher Secondary Education, Thiruvananthapuram
25 The Director of Vocational Higher Secondary Education, Thiruvananthapuram
26 The Chief Electrical Inspector, Thiruvananthapuram
27 The Director, Employment & Training Department, Thiruvananthapuram
28 The Director of Factories & Boilers Department, Thiruvananthapuram
29 The Commandant General, Home Guard, Civil Defense, Fire & Rescue Services,
Thiruvananthapuram
30 The Director, Fisheries Department, Vikas Bhavan, Thiruvananthapuram
31 The Principal Chief Conservator of Forests, Thiruvananthapuram
32 The Director, Ground Water Department, Thiruvananthapuram
33 The Chief Engineer, Harbour Engineering Department, Thiruvananthapuram
34 The Director, Health Service Department, Thiruvananthapuram
35 The Director, Homoeopathy Department, Thiruvananthapuram
36 The Director of Indian System of Medicine Department, Thiruvananthapuram
37 The Director, Industries & Commerce Department, Thiruvananthapuram
38 The Director Coir Development, Thiruvananthapuram
39 The Director Handlooms & Textiles, Thiruvananthapuram
40 The Director, Insurance Medical Services Department, Thiruvananthapuram
41 The Director General of Police (Prisons), Thiruvananthapuram
42 The Director, Kerala State Insurance Department, Thiruvananthapuram
43 The Commissioner, Kerala State Land Use Board, Vikas Bhavan, Thiruvananthapuram
44 The Commissioner, Labour Department, Thiruvananthapuram

188
45 The Secretary, Land Board, Thiruvananthapuram
46 The Controller of Legal Metrology, Thiruvananthapuram
47 The Director, Local Fund Audit Department, Thiruvananthapuram
48 The Transport Commissioner, Motor Vehicles Department, Thiruvananthapuram
49 The Director, Urban Affairs Directorate, Thiruvananthapuram
50 The Director, Museum & Zoo Department, Thiruvananthapuram
51 The Director General, N.C.C. (K&L), NCC Directorate, Thiruvananthapuram
52 The Director, National Savings Department, Thiruvananthapuram
53 The Director, Panchayat Department, Thiruvananthapuram
54 The Director General of Police, Thiruvananthapuram
55 The Director of Printing, Government Central Press, Thiruvananthapuram
56 State Librarian, Public Library, Thiruvananthapuram
57 The Chief Engineer, (Roads & Bridges), P.W.D., Thiruvananthapuram
58 The Chief Engineer, (Bldgs. & Local Works) P.W.D., Thiruvananthapuram
59 The Chief Engineer (National Highway & Admn.), P.W.D., Thiruvananthapuram
60 The Chief Engineer (DRIQ Board, Thiruvananthapuram)
61 The Chief Architect, Public Works Department, Thiruvananthapuram
62 The Director, Scheduled Caste Development Department, Thiruvananthapuram
63 The Director, Social Welfare Department, Thiruvananthapuram
64 The Director, State Water Transport Department, Alappuzha
65 The Controller of Stationery, Thiruvananthapuram
66 The Director, Survey & Land Records Department, Thiruvananthapuram
67 The Chief Town Planner, Town & Country Planning Department, Thiruvananthapuram
68 The Director, Tourism Department, Thiruvananthapuram
69 The Director, Treasuries Department, Thiruvananthapuram
70 The Inspector General of Registration, Vanchiyoor, Thiruvananthapuram
71 The Director, Information Public Relations Department, Thiruvananthapuram
72 The Chief Engineer (Mechanical), Irrigation Department, Thiruvananthapuram
73 The Chief Engineer (Irrigation & Admn.), Thiruvananthapuram
74 The Director, Kerala State Lotteries, Thiruvananthapuram
75 The Director, Sainik Welfare, Thiruvananthapuram
76 The Director, Sports & Youth Affairs Department, Thiruvananthapuram
78 The Director, Medical Education Department, Thiruvananthapuram
79 The Director, Mining & Geology Department, Thiruvananthapuram
80 The Director of Ports, Thiruvananthapuram
81 The Director, Scheduled Tribes Development Department, Vikas Bhavan,
Thiruvananthapuram
82 The Director Vigilance & Anti Corruption Bureau, Kerala, Thiruvananthapuram

189
 ANNEXURE 10

FORM OF QUOTATION NOTICE

Quotation Number
Due date and time for receipt of quotations
Date and time for opening of quotations
Date up to which the rates are to remain firm for
acceptance
Designation and address of officer to whom the
quotation is to be addressed

Superscription: Quotation for ………………………………………………………..

Sealed quotations are invited for the supply of the materials specified in the schedule
attached below/overleaf. The rates quoted should be for delivery of the articles at the place
mentioned below the schedule. The necessary superscription, due date for the receipt of
quotations, the date up to which the rates will have to remain firm for acceptance and the
name and address of officer to whom the quotation is to be sent are noted above. Any
quotation received after the time fixed on the due date is liable to be rejected. The maximum
period required for delivery of the articles should also be mentioned. Quotations not
stipulating period of firmness and with price variation clause and/or ‘subject to prior sale’
condition are liable to be rejected.

The acceptance of the quotations will be subject to the following conditions:

1. Acceptance of the quotation constitutes a concluded contract. Nevertheless, the

successful tenderer must within a fortnight/a month after the acceptance of his
quotation furnish 5 per cent of the amount of the contract as security deposit and
execute an agreement at his own cost for the satisfactory fulfillment of the contract, if
so required.

2. Withdrawal from the quotation after it is accepted or failure to supply within a

specified time or according to specifications will entail cancellation of the order and
purchases being made at the offerers expenses from elsewhere, any loss incurred
thereby being payable by the defaulting party. In such an event the Government
reserves also the right to remove the defaulter’s name from the list of Government
suppliers permanently or for a specified number of years.

190
3. Samples, duly listed, should be forwarded if called for under separate cover and the
unapproved samples got back as early as possible by the offerers at their own expenses
and the Government will in no case be liable for any expenses on account of the value
of the samples or their transport charges, etc. In case, the samples are sent by railway;
the railway receipt should be sent separately, and not along with the quotation since
the quotation will be opened only on the appointed day and demurrage will have to be
paid if the railway parcels are not cleared in time. Quotations for the supply of
materials are liable to be rejected unless samples, if called for of the materials tendered
for are forwarded. The approved samples may or may not be returned at the
discretion of the undersigned. Samples sent by V.P. Post or “freight to pay” will not be
accepted.

4. No representation for enhancement of price once accepted will be considered during

the currency of the contract.

5. Any attempt on the part of tenderers or their agents to influence the Officers concerned
in their favour by personal canvassing will disqualify the tenderers.

6. If any license or permit is required, tenderers must specify in their quotation and also
state the authority to whom application is to be made.

7. The quotation may be for the entire or part supplies. But the tenderers should be
prepared to carry out such portion of the supplies included in their quotation as may
be allotted to them.

8. (a) In cases where a successful tenderer, after having made partial supplies fails to
fulfill the contracts in full, all or any of the materials not supplied may, at the
discretion of the Purchasing Officer be purchased by means of another
tender/quotation or by negotiation or from the next higher tenderer who had offered
to supply already and the loss, if any, caused to the Government shall thereby together
with such sums as may be fixed by the Government towards damages be recovered
from the defaulting tenderer.
(b) Even in cases where no alternate purchases are arranged for the materials not
supplied, the proportionate portion of the security deposit based on the cost of the
materials not supplied at the rate shown in the tender of the defaulter shall be forfeited
and balance alone shall be refunded.
(c) Any sum of money due and payable to the contractor (including Security Deposit
returnable to him) under this contract may be appropriated by the Purchasing Officer
or Government or any other person authorized by Government and set-off against any
claim of the Purchasing Officer or Government for the payment of a sum of money
arising out of or under any other contract made by the contractor with the Purchasing
Officer or Government or any other person authorized by Government.

191
9. The prices quoted should be inclusive of all taxes, duties, cesses, etc., which are or may
become payable by the contractor under existing or future laws or rules of the country
of origin/supply or delivery during the course of execution of the contract.

10. (a) Ordinarily payments will be made only after the supplies are actually verified and
taken to stock but in exceptional cases, payments against satisfactory shipping
documents including certificates of Insurance will be made up to 90 per cent of the
value of the materials at the discretion of Government. Bank charges incurred in
connection with payment against documents through bank will be to the account of
the contractor. The firms will produce stamped pre-receipted invoices in all cases
where payments (advance/final) for release of railway receipts/shipping documents
are made through Banks. In exceptional cases where the stamped receipts of the firms
are not received for the payments (in advance) the unstamped receipt of the Bank (i.e.
counterfoils of pay-in-slips issued by the Bank) alone may be accepted as a valid poor
for the payment made.
(b) The tenderers shall quote also the percentage of rebate (discount) offered by them
in case the payment is made promptly within fifteen days/within one month of taking
delivery of stores.

11. Any sum of money due and payable to the successful tenderer or contractor from
Government shall be adjusted against any sum of money due to Government from him
under any other contracts.

12. Special conditions, if any, printed on the quotation sheets of the tenderer or attached
with the tender will not be applicable to the contract unless they are expressly accepted
in writing by the purchases.

Place:
Date: (Designation)

192
 ANNEXURE 11

FORM OF SHORT QUOTATION NOTICE

No. ……………………………… Department: ………………………………………..

Sealed quotations are invited for the supply of the following stores:

(Here mention the stores briefly with quantity and wherever possible quality also.)

The envelopes containing the quotation should bear the superscription

“…………………………………………………………………………………………………………”
and should be addressed to (H. E. Designation of Purchasing Officer). Intending tenderers
may submit the quotations on their own papers.

Last date for receipt of quotations is ………………… Late quotations will not be accepted.
The quotations will be opened at ……………….. on …………… in the presence of such of the
tenderers or their authorized representatives who may be present at that time. The
maximum period required for delivery of the articles should also be mentioned.

Details of the requirements and the conditions governing their supply can be obtained free
on request from (H.E. Designation of Purchasing Officer) till ………….……………………

Place:
Date: (Name and Designation of Issuing Officer)

193
 ANNEXURE 12
FORM OF SHORT TENDER NOTICE

No. ………………….. Department: …………………………………

Sealed tenders are invited for the supply of the following stores:

(Here mention the stores briefly with quantity and wherever possible quality also.)

The envelopes containing the tender should bear the superscription

“…………………………………………………………………………………………………………”
and should be addressed to (H. E. Designation of Purchasing Officer).

Last date for receipt of tenders will be ………………… Late tenders will not be accepted.
The tenders will be opened at …………………………………………………. on
……………………….……. in the presence of such of the tenderers or their authorized
representatives who may be present at that time.

Intending tenderers may, on application to the (H.E. Designation of the Purchasing Officer)
obtain the requisite tender forms on which tenders should be submitted. Application for the
tender form should be accompanied by a cash remittance of ` ……………………………….
which is the price fixed for a form/set of forms and which is not refundable under any
circumstances. The tender forms are not transferable. Sale of tender forms will be closed at
………………………… on …………………. Cheques, postage stamps, etc., will not be
accepted towards the cost of forms, nor will the forms be sent per V.P.P. Duplicate tender
forms, if required will be issued at ` ………………….. per copy.

Place:
Date: (Name and Designation of Issuing Officer)

194
 ANNEXURE 13

PROCEDURE FOR UTILIZING THE SERVICES OF

THE INDIAN STANDARDS INSTITUTION

There is a system whereby the Indian Standards Institution, New Delhi issue licenses to
approved manufacturers for the I.S.I Certification mark to be used in their manufacture as a
stamp that they are approved quality. It is assumed that in such cases the goods bearing
I.S.I mark would conform to the standard specification of the Indian Standards Institution.
In accordance with the agreement between he Indian Standards Institution and the licensees
it is obligatory that they (the licensees) should replace free of cost all I.S.I. marked products
which are found to be sub-standard at the user’s end. Therefore, if any complaint is brought
to their notice they would make the organization to replace the stocks by materials of
standard quality free of cost. However in order for the I.S.I. to take effective action the
information in regard to the quality of the I.S.I. marked material should be sent soon after
the receipt of the materials. It is suggested therefore that full advantage should be taken of
the good offices of the Indian Standards Institution and in the case of I. S. I. marked goods
where they are not of standard quality, it should be promptly reported to the Indian
Standards Institution by the concerned Departments through Government.

The I. S. I. periodically publish the list of manufacturers holding valid licenses to use their
Certification marks showing the products for which the licenses are granted.

195
 ANNEXURE 14

PROCEDURE FOR UTILIZING THE SERVICES OF

THE CENTRAL PURCHASE ORGANISATION

When tenders are invited from abroad, the following instructions should be observed.

1. A sufficient supply of tender forms with the relevant documents, specifications and
drawings should be sent as soon as possible to the wing of the Central Purchase
Organisation concerned which will give such publicity to the invitation to tender as it
considers to be most suitable for the purposes, either by advertisement in the
newspapers or otherwise. It will, as a rule, advertise the invitation to tender in the
newspapers if the value of the articles required is estimated at ` 1,00,000 or more. It will
also instruct intending tenderers outside India to apply to it for the tender forms and will
supply copies on payment in Sterling of the charges (if any) to be fixed by it in each case.
It will at the same time instruct the tenderers to submit their tenders direct to the
Purchasing Officer in India and not to them. The Purchasing Officer in India will place
the order direct with the successful tenderer.

2. When it is desired to have the recommendation of the technical advisers of the Central
Purchase Organisation, i.e., the Consulting Engineers, the Naval Architects etc., on the
tenders before the order is placed, the Purchasing Officer should stipulate in the
invitation to tender that a complete duplicate of the tender should be delivered to them,
on the date as that fixed for the receipt of the tenders in India. The Central Purchase
Organisation will then arrange for the examination of the tenders by the appropriate
technical authority and will convey by the easiest means its recommendation to the
Purchasing Officer in India.

3. The Purchasing Officer should make it clear in every tender form that the articles
concerned must be delivered in India, that payment will be made in Indian Rupees, and
that any tender which does not comply with these conditions will not be considered.
Tenderers abroad should also be required to specify their agents in India through whom
delivery will be arranged and payment received and who when so required, will arrange
for the erection of the plant at the site and for the carrying out of such tests on
completion as may be specified in the contract.

4. It is important that purchasing officers should bear in mind, when considering the
desirability of calling for tenders abroad, the need for allowing sufficient time for the
receipt and publication of invitations to tender, the receipt of the tender forms by the
tenderers, and the preparation and despatch of the tenders to India.

196
 ANNEXURE 15

A. MODEL BANK GUARANTEE FORMAT FOR FURNISHING EMD

GUARANTEE BOND PRESCRIBED BY THE GOVERNMENT OF KERALA

(To be used by Nationalised and Scheduled Commercial Banks)

Whereas …………………. …………………………………………….. (hereinafter called the

“tenderer”) has submitted their offer dated ………………………. for the supply of ……
……………………………………….. (hereinafter called the “tender”) against the purchaser’s
tender enquiry No……………………………………. KNOW ALL MEN by these presents that
WE ……………………………………. of having our registered office at ……………………….
are bound unto …………………………………(hereinafter called the “Purchaser”) in the sum
of ……………………………………………………. for which payment will and truly to be
made to the said Purchaser, the Bank binds itself, its successors and assigns by these
presents. Sealed with the Common Seal of the said Bank this ………………. day of
……………… 20…….

The conditions of this obligation are :

(1) If the tenderer withdraws or amends, impairs or derogates from the tender in any
respect within the period of validity of this tender.
(2) If the tenderer having been notified of the acceptance of his tender by the Purchaser
during the period of its validity:-
a) If the tenderer fails to furnish the Performance Security for the due performance
of the contract
b) Fails or refuses to accept/execute the contract.

WE undertake to pay the Purchaser upto the above amount upon receipt of its first written
demand, without the Purchaser having to substantiate its demand, provided that in its
demand the Purchaser will note that the amount claimed by it is due to it owing to the
occurrence of one or both the two conditions, specifying the occurred condition or
conditions.

This guarantee will remain in force upto and including 45 days after the period of tender
validity and any demand in respect thereof should reach the Bank not later than the above
date.

………………………….
(Signature of the authorized officer of the Bank)
……………………………………………………..
……………………………………………………..
Name and designation of the Officer
……………………………………………………..
Seal, name & address of the Bank and address of the Branch

197
 B. MODEL BANK GUARANTEE FORMAT FOR FURNISHING
PERFORMANCE SECURITY DEPOSIT

GUARANTEE BOND PRESCRIBED BY THE GOVERNMENT OF KERALA

(To be used by Nationalised and Scheduled Commercial Banks)

In consideration of the Governor of Kerala (hereinafter called the “Government”) having

agree to exempt (H.E. name and address) [Hereinafter called “the said Contractor(s)”] from
the demand, under the terms and conditions of an agreement dated…………………………
made between ………………………………………………………………………………………..
and ……………………………………………………………………………… for …………………
(hereinafter called “the said Agreement”) of security deposit for the due fulfillment by the
said contractor(s) of the terms and conditions contained in the said Agreement, on
production of a bank guarantee for `………………………… [Rupees………………(in words)
………………………….only]. We ……………………………….. Bank Limited (hereinafter
referred to as “the Bank” do hereby undertake to pay to the Government an amount not
exceeding `……………….. (Rupees in words) against any loss or damage caused to or
suffered or would be caused to or suffered by the Government by reason of any breach by
the said contractor(s) of any of the terms or conditions contained in the said Agreement

2. We …………………………….. Bank Limited do hereby undertake to pay the amounts

due and payable under this guarantee without any demur, merely on a demand from the
Government stating that the amount claimed is due by way of loss or damage caused to or
would be caused to or suffered by the Government by reason of any breach by the said
contractor(s) of any of the terms or conditions contained in the said Agreement or by reason
of the contractor’s failure to perform the said Agreement. Any such demand made on the
Bank shall be conclusive as regards the amount due and payable by the Bank under this
guarantee. However, our liability under this guarantee shall be restricted to an amount not
exceeding ` …………………………….(Rupees in words)…………………….

3. We ………………….. Bank Limited further agree that the guarantee herein contained
shall remain in full force and effect during the period that would be taken for the
performance of the said agreement and that it shall continue to be enforceable till all the
dues of the Government under or by virtue of the said Agreement have been fully paid and
its claims satisfied or discharged of till ………………….(Office/Department) certified that
the terms and conditions of the said Agreement have been fully and properly carried out by
the said contractor(s) and accordingly discharges the guarantee. Unless a demand or claim
under this guarantee is made on us within one year from the period fixed or extended (if the
agreement/supply order specifically provide for such extension of time) for the due
performance of the contract by the contractor we shall be discharged from all liability under
this guarantee thereafter.

4. We………………… Bank Limited further agree with the Government that the
Government shall have the fullest liberty without our consent and without affecting in any
manner our obligations hereunder to vary any of the terms and conditions of the said
Agreement or to extend time of performance by the said contractor(s) from time to time or
to postpone for any time or from time to time any of the powers exercisable by the
Government against the said contractor(s) and to forbear or enforce any of the terms and
conditions relating to the said Agreement and we shall not be relieved from our liability by

198
reason of any such variation or extension being granted to the said contractor(s) or for any
forbearance act or omission on the part of the Government or any indulgence by the
Government to the said contractor(s) or by any such matter or thing whatsoever which
under the law relating to sureties would but for this provision have effect of so relieving us.

5. To give effect to this guarantee it shall be competent for the Government to act as
though the Bank, were the principal debtor.

6. It is hereby expressly agreed and declared that this guarantee and the powers and
provisions herein contained are in addition to and not by way of limitation of or substitution
for any former or other guarantees or guarantee heretofore given by the Bank to the
Government and now existing uncancelled and that this guarantee is not intended to and
shall not revoke or limit such other guarantee or guarantees.

7. We……………………………………Bank Limited lastly undertake not to revoke this

guarantee during its currency except with the previous consent of Government in writing

Dated………………………………………… day of ………………………………. one

thousand…………………………………………………for ………………………… Bank Limited

199
 ANNEXURE 16

LIST OF GOVERNMENT OWNED MANUFACTURING INSTITUTIONS

1. State Government Departments manufacturing products for sale

2. Fully State Government owned companies
3. Government Companies (State)
4. Companies where the Kerala State Industrial Development Corporation holds 51 per
cent or more of the share capital.
5. Companies where the Government and Kerala State Industrial Development
Corporation together held more than 51 per cent of the share capital, and
6. Government Industrial Units transferred to Kerala State Small Industries Corporation,
viz.
(i) Service Workshops, Ollur (Service Scheme)
(ii) Wood Workshops, Kozhikode (Service Scheme)
(iii) Ceramic Service Centre, Mangattuparambu (Service Scheme)
(iv) Straw Board Factory, Perumala
(v) Kerala Water Proof Products (Holdal Unit), Pappanamcode
(vi) Pressure Die Casting Unit, Pappanamcode
(vii) Government Instrument Workshop, Pappanamcode
(viii) Small Industries Machine Tool Factory, Pappanamcode
(ix) Tile Factory, Amaravila
(x) Wood Workshop, Kollakadavu

200
 ANNEXURE 17

SUPPLEMENTAL AGREEMENT

SUPPLEMENTAL AGREEMENT executed on …… day of ………………………………

between ………………………………………………………………………………………………
(hereinafter called the “the Contractor”) of the one part and the Governor of Kerala
(hereinafter called “the Government”) of the other part.

WHEREAS the contractor has offered as per the letter

No………………………….dated………………………..to extend the period of the existing
‘rate contractor’ for the supply of articles mentioned in the order
no…………………………………………………..dated……………………… at the same rates
terms and conditions of the existing agreement executed between the aforesaid parties on
the ……………………………………….. (hereinafter called the principal agreement) for a
further period of …………………… from ……………………to ………………

AND WHEREAS the Government have in their order dated …………………………………

agreed to extend the period of the principal agreement for a further period of ……………….
from ……………………………………………. to ……………………………….

NOW THESE PRESENTS WITNESS AND IT IS HEREBY MUTUALLY AGREED between

the Government and the contractor to extend the period of the principal agreement for
further period of ……………… from ……………… to …………………… on the same terms
and conditions enumerated in the principal agreement.

Save as varied as aforesaid all the terms and conditions of the principal agreement shall
remain in full force and effect.

IN WITNESS WHEREOF the contractor and Shri………………………………………………

(here enter the name and designation) for and on behalf of the Governor of Kerala hereinto
set their hands.

Signed, sealed and delivered by Shri………………………………………………..for and behalf

of the contractor.

In the presence of witnesses

1………………………………………………………….

2………………………………………………………….

Signed, sealed and delivered by …………………………………………………..(here enter the

designation) for and on behalf of the Governor of Kerala.

In the presence of witnesses:

1……………………………………………………………….

2……………………………………………………………….

201
 ANNEXURE 18

FORM OF REGISTER OF TENDERS

(K.F.C. Vol. II, Form 15)

Number and name of Tender/Quotation………………………… Due date…………………

Sl. No. Name of Due Date of Initials Date of Amount Initials

Tender Date Receipt of Head Opening and of Head
of Office nature of Office
earnest
money if
any

Names of tenderers or their representatives present at the time of opening

Signature of Head of Office

202
 ANNEXURE 19

LIST OF ITEMS RESERVED FOR EXCLUSIVE PURCHASE FROM

THE MICRO, SMALL & MEDIUM ENTERPRISES

A list of items reserved for procurement from the Micro, Small & Medium Enterprises
within the State and if not available within the State, from the Micro, Small & Medium
Enterprises outside the State is given below:-

1 Anklets Web Khaki

2 Ammunition Boxes Wooden
3 Attache Cases
4 Automobiles Headlight
5 Automobiles tail light, lamp assembly (for civil requirement only)
6 Ammeters/cum metre
7 Battery Charger Engine Driven only (for civil requirement only)
8 Blotting paper
9 Badges, cloth, embroidered and metal
10 Bags ice head (civil requirement only)
11 Balloons rubber
12 Barbed wire (excepting concertina, Barbed wire square Hexagonal Head)
13 Basket cane
14 Bath Tub G.I.
15 Belt Leather
16 Belt leather and strips
17 Bench Vices (ordinary)
18 Bensol Benet’s
19 Blacksmith Hearth
20 Bone Meal
21 Boots and Shoes of all types excluding canvas shoes (civil requirement only)
22 Boot polish
23 Boxes made of metal (civil requirements only)
24 Boxing boots
25 Brass dampers
26 Brief cases
27 Brooms
28 Brushes
29 Buckle
30 Button metal
31 Buckets G.I.
32 Cans (made of G.I. sheet of Milk and measuring) 3
33 Cans Tin unprinted upto 4 gallon capacity (other than cap OTS)
34 Cash Bags
35 Caps woolen
36 Caps cotton
37 Caps waterproof
38 Casing and capping
39 Ceiling roses upto 15 amps
40 Centrifugal steel plate blowers
41 Chain lashing
42 Chappals and sandals

203
43 Coir fibre and coir yarn
44 Coir mattresses and cushions
45 Coir mattress and matting
46 Community receivers
47 Cones and Valves (for water fitting only)
48 Conduit pipes (Metallic)
49 Copper sulphate
50 Cotton card twine (other than Defence)
51 Cotton wool (Non-absorbent)
52 Cotton Hosiery (civil requirement only)
53 Crates wooden
54 Cumblies
55 Curtain mosquito (civil requirement only)
56 Copper napthenate
57 Corrugated board paper
58 Centrifugal pumps, suction and delivery 150mm x 150mm
59 Crucibles upto and including 31 kg. capacity
60 Domestic electric appliances, toasters electric, electrical iron, hot plate, electric mixer
and grinder, juice mixer and grinder, juice extractor, electric lighter, electric oven
61 Distribution boards upto 15 amps
62 Drums and barrels
63 Dusters cotton all types except the items required in Khadi
64 Dust bins (civil requirements only)
65 Dust shield leather
66 Electric call bell
67 Electric buzzers
68 Electric soldering irons
69 Expanded metal
70 Eyelets
71 Film spools and cans
72 Film polythene
73 Football boots
74 French polish
75 Garments (civil requirement only)
76 Gas mantles
77 Gause cloth
78 Gauze surgical all types (civil requirements only)
79 Ghamellas (civil requirements only)
80 Glass ampoules
81 Graphite crucibles upto No. 200 (deleted)
82 Grease nipples and grease guns
83 Gun cases
84 Gun metal bushes
85 Glue
86 Gum tape
87 Hand drawn carts all types (civil requirements only)
88 Hand numbering machines
89 Handless wooden and bamboo
90 Hair passum wool
91 Hand gloves
92 Hand presses
93 Hide and country leather or all types (for civil requirements only)

204
94 Hob nails
95 Holdalls
96 Horse and mule shoes
97 Insecticides dust and sprayers (Manual only)
98 Invalid wheeled chairs
99 Iron clade switches (upto 30 amps)
100 Keys wooden
101 Kit bags
102 Kodali
103 Kullahs
104 L.T. Porcelain insulators Fuse Grip
105 Laces leather
106 Lanterns Posts and bodies
107 Latex form sponge
108 Lathies
109 Lamps hand
110 Lamp signal
111 Lamp holders
112 Leather bags
113 Leather boxes (not Army type)
114 Leather harness
115 Low cost radios (Medium wave band community rado receivers to Indian Standard
Specification No. Sl.705-1955, IS. 706-1955 and IS. 1036-1957)
116 Magnesium sulphate
117 Metal clad switches
118 Mail bags, canvas, dassouti and jute
119 Manhole covers
120 Matches safety (except for defense)
121 Metal polish
122 Metric weights
123 Miniature bulbs (for torches only)
124 Nail cutters
125 Nail tip heal rustless
126 Newer (other than defense)
127 Ovens electric (domestic type)
128 Plastic cane
129 Playing cards
130 Pad locks, brass
131 Pad locks, G.I.
132 Paints remover
133 Palm rosa oil
134 Paper conversion products
135 Patient coats and pyjama
136 File fabric
137 Pillows (cotton)
138 Plaster of Paris
139 Plugs
140 Plugs-wooden
141 Polythene bags
142 Postal lead seals
143 Postal weighing scales
144 Pouches

205
145 Pumps-hand
146 PVC footwear
147 Quilts, razaise (cotton)
148 Bags cotton (for civil requirements only)
149 Railway platform drinking water trolleys (for civil requirements)
150 Razors
151 Rivets of all types including bifurcated (except for defence requirements)
152 Soap soft (for civil requirements only)
153 Soap Liquid (for civil requirements)
154 Soap yellow (for civil requirements)
155 Sanitary towels
156 Storeware jares
157 Scientific laboratory glasswares (barring sophisticated items)like beakers, burette,
pipette, conical glasses, round flasks, measuring cylinder, filter funnel, reagent bottle
158 Squiral cage induction motors upto and including 10 KW 440 Volts 3 phase
159 Scales beam (upto 30 Kgs)
160 Scissors cutting (ordinary scissors)
161 Screws machine
162 Screws wood (except for defence requirement)
163 Shellac
164 Shutters rolling
165 Shelve steel
166 Shoe laces
167 Sign boards-painted
168 Skin sheep – all types (for civil requirements only0
169 Silk ribbons
170 Skiboots and shoes
171 Snap fasteners (excluding for pcs.onse)
172 Sole leather (for civil requirements only)
173 Sodium silicate
174 Sanitary plumbing fittings (1. Toilet shelf, 2. Soap tray, 3. Robe hook, 4. Towel rail, 5.
Toilet paper holder, 6. Laboratory sink, 7. Drawing board, 8. Mosaic washbasin, 9.
Wall hung closet, 10. Wall hung bidet, 11. Taps, 12. Stop cock, 13. Knob, 14. Scout, 15.
Waste bottle, 15. Ball cock, 17. Ball mixer, 18. Bath shower)
175 Soap washing or laundry soap (for civil requirements only)
176 Sockets
177 Spectacle frames
178 Spiked boots
179 Stapling machines
180 Steel desks
181 Steel racks
182 Steel stools
183 Steel trunks (for civil requirements only)
184 Steel wool
185 Stockimetta (for civil requirements only)
186 Stone curry and stone curry roller
187 Stoves oil (wick stoves only)
188 Street light fittings
189 Suit cases
190 Surgical gloves (except plastic
191 Tracks (mettallics)
192 Tape cotton(for civil requirements only)

206
193 Tarpaulins (for civil requirements only)
194 Teak fabricated round blocks
195 Tent poles
196 Tentage Civil/Military and Salitah Jute for Tentage. The first refers to Tentage for
civil or military use and the second refers to Salitah Bags and Sheets for packing
Military Tents and Accessories)
197 Tip boots
198 Tin trays
199 Tyres and tubes (Cycle)
200 Tiles
201 Toilet rolls
202 Transistor insulation testers
203 Umbrellas
204 Utensils aluminium
205 Utensils cooking (except stainless utensils and vessels pressure cookers) (for civil
requirements only)
206 Utensils domestic (other than aluminium and stainless steels)
207 Wooden chairs
208 Waxed paper
209 Waterproof papers
210 Washers-leather
211 Welded wire mesh
212 Wheel barrows
213 Wicks cotton (for civil requirements only)
214 Wire adjusting screws
215 Wire nails and horse shoe nails
216 Wooden halves
217 Wooden packing cases of all sizes (for civil requirements only)
218 Wood wool
219 Woolen hosiery (for civil requirements only)
220 Electric transmission line hardware like steel crossbars, cross arms, clamps, arching
harm, brackets, etc.
221 Domestic (house wiring) PVC cables and wires (aluminium) conforming to the
prescribed ISI specifications and upto 10.00 mm sq. nominal cross section. However,
this would not be applicable to Defense requirements.
222 Angur (Carpenters)
223 Wire netting and Gauze thicker than 100 mesh size
224 Steel Windows and Ventilators
225 M.S. Plain Washers
226 Wire Brushes and Fibre Brushes
227 AAC and ACSR conductors up to 19 strand. This is subject to observance of
necessary discipline by trade for two years in the first instance after which the
position would be revived further
228 Exhaust Mufflers (except in the case of original Equipment Manufacturers)
229 Wind Shield Wipers (Arms and Blades only) (except in the case of original
Equipment Manufacturers)
230 Room Coolers (Desert Type)
231 Machine Shop Vices
232 Hypodermic Needles
233 Student Microscope
234 Stranded Wire
235 Absorbent Cotton (Wool)

207
236 Chaff Cutter Blade
237 Agricultural Implements
a) hand operated tools and implements
b) Animal driven implements

238 Blow Moulded Containers

239 Safety Pins (and other similar products like paper pins, staple pins etc)
240 A.C. Conductors-upto and including 19 strands
241 Adjustable beds
242 Agarbathies
243 Alums including Aluminium Sulphate-Industrial-Grade (deleted)
244 Aluminium builders and hardware hinges
245 Ambulance Stretcher
246 Alunimum Sulphate-Laboratory Reagent
247 Ammonium Carbonate – Laboratory Reagent
248 Ammonium Sulphate – Laboratory Reagent
249 Ammonium Fluride – Laboratory Reagent
250 Ammonium Solution – Laboratory Reagent
251 Asbestos pipes and fittings for household purpose only and according to ISI
specification
252 Battery Eliminators
253 Badges-Cloth (including embroidered)
254 Bells-Bicycles
255 Biscuits
256 Boxes-Kit
257 Builders Hardware
258 Cable drums
259 Calcium Chloride-Laboratory Reagent
260 Camel back-tyre retreading material
261 Capital square
262 Carrier-Bicycles
263 Cashew shell oil
264 Chalks including tailors chalk and crayons
265 Chain covers-Bicycle
266 Chisels
267 Chokes for light fittings
268 Chrome tanned leather (semi finished)
269 Circlips
270 Cloth covers
271 Cocks and valves – Water pipe fittings
272 Coffee percolator up to 1.5 litres
273 Confectionary (except chocolate)
274 Compass prismatic
275 Collars
276 Cotton belting
277 Cotton cases
278 Cotton packs
279 Cotton pouches
280 Cotton carriers
281 Cotton bags
282 Cotton canvas bag

208
283 Cotton sling
284 Cotton straps
285 Cotton socks-Knitted
286 Cotton under garments – Knitted
287 Cotton vests-Knitted
288 Crow bars
289 Cupric nitrate-Laboratory Reagent
290 Cycle frames
291 Disinfectant fluid
292 Dividers
293 Door windows and ventilators – Metallic
294 Drawing Board
295 Drawing and mathematical instruments except drafting machines
296 Drinking water straws
297 Dry distempers
298 Dumpy levels
299 Emergency lamps
300 Fibre glass-Reinforced plastic products
301 Fire clay bricks and blocks
302 Fire works
303 Floor polishes
304 Flooring tiles
305 Forks cutlery
306 Fork handles – Cycles
307 Funnels
308 Fuse cutouts
309 Fuse units
310 Glass beads
311 Glass hallow wears by month blown/semi-automatic process
312 Graphite crucibles upto 500 nos
313 Hair oils
314 Hammers
315 Hand shovels
316 Handle bar grips
317 Handle-Bicycle
318 Haver sacks
319 Heaters and convectors upto 3 K.W.IS 4283/67
320 Helmet-Non-metallic
321 Hinges (other than door fittings)
322 Hose pipe clips (50% reservation)
323 Hot water bags-Rubber
324 Hurricane lantern
325 Ice bags-Rubber
326 Iron-dhobi
327 Industrial knives
328 Industrial leather gloves
329 Industrial adhesives based on starch, gum dextrine and silicates
330 Insecticide fluids
331 Industrial Items from Engineering Plastics
332 Immersion water heaters upto 3 K.W.
333 Kattai and bunwar-Leather
334 Laminations-Straight and sand witched

209
335 Lemon grass oil
336 Letter boxes-Round
337 Link Clip
338 Luggage carrier
339 Machine screws-except socket lead and special types
340 Measuring chains
341 Measuring tapes and sticks
342 Microcellular sheets
343 M.S. and CI glanges
344 M.S. Pipe fittings upto 100 mm dia
345 M.S Tubers
346 Mudguards-Bicycle
347 Mugs and bowls – Ceramics
348 Nail pullers
349 Naphthalene Balls
350 Non-mechanical toys
351 Office gum paste
352 Oil seals rubber
353 Other dipped latex products except contraceptives
354 Other natural essential oils
355 Other hand tools for blacksmithy, Carpentry, Hand forgings foundry etc.
356 Paint brushes
357 Panel pins
358 Paper tapes – Gummed
359 Paper twines, stringes and ropes
360 Poultry equipments
361 Pencils
362 Pedale assembly – cycle
363 Pickles and chutnees
364 Pilfer proof caps
365 Plastic buttons
366 Plastic combs
367 Plastic bottle caps
368 Plastic products (other thermo welded plastic products)
369 Plywood tea chest
370 Protractors
371 RCC Poles-Pre-stressed
372 Rivets of all types including bifurcated
373 Roof light fittings
374 Roofing tiles
375 Rolling shutters
376 Rubber card
377 Rubber Hoses – Armoured (unbraided)
378 Rubber Battery containers (hard)
379 Rubber Hose Pipes (excepting wire braided high pressure hydraulic process)
380 Rubbersied canvas hose pipes – excepting wire braided high pressure hydraulic
process
381 Rubber thread
382 Rubber tubes
383 Rubber washers
384 Safe-Meat and milk
385 Safety matches

210
386 Standard wood oil
387 Screw Drivers
388 Screw spikes
389 Scales – weighing
390 Sealing wax
391 Seats for buses and trucks
392 Seed bins
393 Seasoned wood
394 Set square
395 Spanners
396 Sports nets – all types
397 Soap carbolic
398 Spices guard & processed
399 Spoons-cutlery
400 Shovels
401 Stand-cycle
402 Sterilisers-Stainless steel and aluminium
403 Stone ware jars and bowls – Kandies
404 Sweetened cashew nut products
405 Table knives/household knives
406 Tin trays
407 T-Squares
408 Trays for postal use
409 Wax candle
410 Water proof bags
411 Water proof covers
412 Weighting machine/Weigh bridges
413 Wire fencing and fittings
414 Writing inks and fountain pen inks
415 Woolen socks-knitted
416 Woolen vests-knitted
417 Woolen under garment-knitted
RCC pipes upto 1200 mm diameter

Note:-1 Even though the RCC pipes upto 1200 mm diameter is included in the above list,
the Public Works Department and the local bodies in the State will purchase 50
percent of their requirement of pipes of the type manufactured by the Kerala
Premo Pipe Factory Ltd., from the above factory and the rest from S.S.I. Section in
Kerala.
Note:-2 Even though the AC Conductors upto and including 19 strands is included in the
above list all State Government Departments, Kerala State Electricity Board and
other State Public Sector Undertakings in the State may purchase their
requirements of the item from Micro and Small Enterprises Units in the State as
well as from Traco Cable Company Ltd.
Note:-3 Even though the items, Fuse units, Fuse cutouts, Distribution Boards (upto 15
amps) Iron Clad Switches (upto 30 amps) and Metal Clad Switches are included in
the above list, all State Government Departments, Kerala State Electricity Board
and other Public Sector Undertakings in the State may purchase their requirements
of the items from Small Scale Industries Unit in the State as well as from Kerala
Electrical and Allied Engineering Co. Ltd.

211
 ANNEXURE 20

LIST OF STORES ON THE COST OF WHICH VARIATIONS ARE TO BE ALLOWED

1. Copper and lead used in the manufacture of power cables

2. V.I.R. cables
3. Railway signaling cables
4. Copper strip for overhead transmission line equipment
5. Shunt and clip for traction motor
6. Hard draw high conductivity electrolytic copper wire
7. Bush bars
8. Brass tubes
9. Copper tracks
10. Brass split pins
11. Copper sheets
12. Brass sheets
13. Rivets copper
14. Brass bolts and nuts
15. Copper washers
16. Weighing Machines, Weighing bridge
17. Zinc for galvanizing
18. Aluminium ingots
19. Antimony ingots
20. Brass bars
21. Copper bars
22. Copper ingots
23. Copper tubes
24. Pig lead
25. Lead sheets
26. Phosphor bronze
27. Phosphor sheet
28. Zinc ingots
29. Zinc sheets
30. Tin ingots
31. White metal ingots

212
32. Bronze rods
33. Nickel alloy
34. Gun metal rods
35. Solder
36. Nickel
37. Lead pipes etc.
38. Lead seals
39. Link and strap clips
40. Paper insulated cables
41. A.C.S.R. Conductors
42. Winding Wire
43. Renewals for Cells like Zinc Rod
44. Plates, Boiler, Copper
45. Non-ferrous loco and Wagon Components such as Brass safety valves, Bearing
bushes, Bronze Axles boxes wherein materials like Bronze, Nickel, Copper are
involved and copper fire boxes where copper is involved.

213
 ANNEXURE 21

EXTRACT FROM THE COMPANIES ACT, 1956

Meaning of “Relative”

A person shall be deemed to be a relative of another if, and only if,

a) they are members of Hindu undivided family or;

b) they are husband and wife; or
c) the one is related to the other in the manner indicated in Schedule 1-A

Schedule 1 A
List of Relatives

1) Father
2) Mother (including step-mother)
3) Son (including step-son)
4) Son’s wife
5) Daughter (including step-daughter)
6) Father’s father
7) Father’s mother
8) Mother’s mother
9) Mother’s father
10) Son’s son
11) Son’s son’s wife
12) Son’s daughter
13) Son’s daughter’s husband
14) Daughter’s husband
15) Daughter’s son
16) Daughter’s son’s wife
17) Daughter’s daughter
18) Daughter’s daughter’s husband
19) Brother (including step-brother)
20) Brother’s wife
21) Sister (including step-sister)
22) Sister’s husband
23) Husband’s father
24) Husband’s mother
25) Husband’s sister
26) Wife’s father
27) Wife’s mother
28) Wife’s brother
29) Wife’s sister
30) Wife’s sister’s husband

214
31) Father’s brother
32) Father’s sister
33) Mother’s brother
34) Mother’s sister
35) Father’s sister’s husband
36) Father’s brother’s wife
37) Mother’s brother’s wife
38) Mother’s sister’s husband
39) Brother’s son
40) Brother’s son’s wife
41) Brother’s daughter
42) Sister’s son
43) Sister’s daughter
44) Father’s brother’s son
45) Father’s brother’s daughter
46) Father’s sister’s son
47) Father’s sister’s daughter
48) Mother’s brother’s son
49) Mother’s brother’s daughter

215
 ANNEXURE 22

FORM OF SUPPLY ORDER

SUPPLY ORDER
GOVERNMENT OF KERALA

No. Office:
Station: Date:
Telephone/Fax: Post Box No.

From

To

Subject:
Reference:

Dear Sirs,

Your offer to supply the materials as detailed in the list appended is accepted subject to the
conditions mentioned therein. Please effect the supply according to the special conditions
given below, the instructions in the notes below and in accordance with the list of materials
appended. The special conditions, if any, printed on your quotation sheets or attached with
your tender will not be applicable to this order unless they have been expressly accepted in
the list appended.

An agreement has to be executed by you in the prescribed form on stamp paper of value
rupees fifteen purchased in the Kerala State after furnishing a security of
`……………………………… within a month/fortnight for the due fulfillment of the contract.
The Kerala Stamp paper is obtainable from any licensed Vendor in the State. Stamp paper
will however be supplied to you, if your firm is situated outside Kerala, on payment of ` 20
(` 15 being the value of the Stamp Paper and ` 5 incidental charges) Which may be remitted
by money order in advance. Payment on account of supplies against this order is liable to be
withheld until the agreement is executed. The earnest money will be refunded on
furnishing the required Security Deposit for the contract. Bank draft for the security should
be drawn in favour ……………………….………………………………………………

216
………………………………………………….. Cheques are not acceptable. The Security
Deposit may be made in cash also and in such cases the cash should be remitted in the
nearest Government Treasury under ‘Security Deposit’ account by Chalans countersigned
by the Purchasing Officer.

Yours faithfully

(Signature and Designation of Purchasing Officer)

Special Conditions …………………………………………………………

………………………………………………………………………………………
………………………………………………………………………………………

Notes

1. The packages should be marked ………………………………………… meaning

………………………………………………………………………..……
2. They should be insured to destination viz……………………………
3. They should be despatch FREIGHT PAID TO ………………………
………………………………………………….……. To whom all shipping/ railway
documents should be sent.
4. The materials shall be dispatched by goods train. If this is found not possible the prior
approval of the officer mentioned in clause 6 below is to be obtained before despatch
by passenger train.
5. The contents of the packages should be STRICTLY CONFINED to this order.
6. INVOICES IN TRIPLICATE SHOULD BE DRAWN ON AND FORWARDED FOR
PAYMENT TO ………………………………………..
7. Acknowledgement of and all other communications regarding this order may be sent
to the purchasing officer who has placed this order.
8. In all future correspondence and bills relating to this order the number and date at the
top should INVARIABLY be quoted.
9. SEPARATE BILLS SHOULD BE SENT FOR EACH ORDER
10. The consignment will be paid for only AFTER RECEIPT AND SURVEY of the articles
by the Department.
11. The firms will produce stamped pre-receipt invoice in all cases where payments
(advance/final) for release of railway receipt/shipping documents are made through
Banks. In exceptional cases where the stamped receipts of the Firms are not received
for the payment (in advance) the unstamped receipt of the bank (i.e. counterfoils of
pay-in-slip issued by the Bank) alone may be accepted as a valid proof for the payment
made.

217
 List of materials accepted and to be supplied

Item No. Specifications Quantity Unit Rates Remarks

Rs. Ps.
1 2 3 4 5 6

N.B: The specifications, quantities, price, etc., are subject to correction. Errors or omissions,
if any, will be intimated to or by the contractor within ten days from this date.

218
 ANNEXURE 23

FORM OF AGREEMENT
(For contracts for supply of specific quantities)

AGREEMENT executed ……………………….day of ………between (hereinafter called “the

Contractor”) and the Governor of Kerala (hereinafter called “the Government).

WHEREAS the Contractor has tendered for the supply of articles for the use of the
Government as per tender Notification No. ………………………………..dated …………….
published at pages ………………… of part ………………………………of the Kerala
Government Gazette dated ………………………… which tender notification shall form part
of this Agreement as if incorporated herein.

“AND WHEREAS the Government/Purchasing Officer have/has been pleased to accept the
offer subject to the conditions stipulated in the Supply Order No……………….. dated ……
(which shall form part of this agreement as if incorporated herein) in respect of the articles
mentioned therein.”

AND WHEREAS the contractor has as security for the due fulfillment of his obligations
under this deed deposited `………………. being per cent of the estimated value of the
contract in ………………………. Treasury as per Pass Book No…………….. Chalan No……
and pledged the Pass Book to the ………../- as per draft on ……………………………..Bank
duly approved by the Government/in the form of a letter of guarantee for such amount
from ………………… Bank approved by the Government.

NOW THESE PRESENTS WITNESS AS FOLLOWS

1.(a) In cases where along with the tender samples have been forwarded to the
Government and the samples approved, the Contractor agrees to supply the
materials according to the approved sample. In other cases the Contractor agrees to
forward samples to Government for approval if so required and then to supply
materials according to such approved samples. When the samples are not required,
the Contractor agrees to supply according to standard specifications.

Samples forwarded by the Contractor to the Government will not be paid for and
shall be the property of Government but the Government are at liberty to return
them to the Contractor on the completion of his contract or to pay for them at agreed

219
 rates if they so choose. All samples must be clearly labeled showing to what
particular items tendered for they relate and they should be of sufficient size and
quantity to enable the Government to see if the supplies made are according to the
approved samples.
(a) The Contractor hereby declares that the goods sold to the buyer under this contract
shall be of the best quality and workmanship and shall be strictly in accordance with
the specifications and particulars contained in the copy of the order attached
herewith and the contractor hereby guarantees that the said goods would continue to
conform to the description and quality aforesaid for a period of
…………………..days/months from the date of delivery of the said goods to
Government and that notwithstanding the fact that the Government may have
inspected and/or approved the said goods, if during the aforesaid period of
……………….days/months the said goods be discovered not to conform to the
description and quality aforesaid or have deteriorated (and the decision of the
Government in that behalf will be final and conclusive) the Government will be
entitled to reject the said goods or such portion thereof as may be discovered not to
conform to the said description and quality. On such rejection the goods will be at
the contractor’s risk and all the provisions herein contained relating to rejection of
goods, etc., shall apply. The contractor shall if so called upon to do replace the
goods, etc., or such portion thereof as is rejected by the Government. Otherwise the
Contractor shall pay to the Government such damages as may arise by reason of the
breach of the condition herein contained. Nothing herein contained shall prejudice
any other right of the Government in that behalf under this contract or otherwise.
2. Requests for enhancement of rates once accepted will not be considered except where
Government have prior to the actual supplies, expressly agreed in writing for any
price variation under specified circumstance, conditions of sale or other special terms
and conditions, if any, printed on the quotation sheets of the Contractor or attached
with the contractors’ tender or any other letter or paper from the Contractor will not
govern this contract nor bind the Government in any manner whatsoever unless
such terms have been expressly accepted by the Government in writing.

3. The articles and quantities to be supplied are shown in the copy of the supply order,
No……. and date…… attached herewith. The contractor agrees to Supply the
quantities of the articles shown in the order at the rate tendered by him for each
article within the time fixed.
4. In the case of goods delivered by shipment, the Contractor, shall where the expected
tonnage of goods is more than 200 tons, deliver the goods through the Trivandrum
Port if so required by the Government.
5. The Contractor agrees that time is the essence of this contract.
6(a) If the Contractor defaults in the supply of all or any of the articles correctly and
promptly as above the Government are at liberty to procure the same from elsewhere
without cancelling the contract as a whole. If Government incur, in thus procuring
such materials a higher cost than the agreed rate such excess cost may be deducted
by the Government from the contractor’s bill or adjusted or otherwise realized from
his security deposit or recovered from him by other means. The contractor agrees
that he shall not be entitled to claim the excess, if any, of the tendered rate over such
cost to Government.

220
(b) If the contractor fails to deliver all or any of the stores or perform the service within
the time/period(s) specified in the contract, the purchaser shall without prejudice to
its other remedies under the contract, deduct from the contract price as liquidated
damages, a sum equivalent to 0.5% or 1% of the delivered price of the delayed stores
or unperformed services for each week of delay until actual delivery or performance,
upto a maximum deduction of 10% of the contract prices of the delayed stores or
services. Once the maximum is reached, the purchaser may consider termination of
the contract at the risk and cost of the contractor.
7(a) All payments to the Contractor for supplies effected satisfactorily will be made after
scrutiny of his bills -

(i) either by departmental cheques payable at the Government Treasuries.

(ii) or by cheques or drafts on the Reserve Bank of India, State Bank of India and
State Bank of Travancore (at any of their principal branches in India):
(iii) Or in the case of supplies from abroad by drafts or otherwise as may be agreed
to.
(b) The firms will produce stamped pre-receipted invoices in all cases where payments
(advance/final) for release of railway receipts/shipping documents are made through
Banks. In exceptional cases where the stamped receipts of the firms are not received
for the payments (in advance) the unstamped receipt of the bank (ie counterfoils of
pay-in-slips issued by the Bank) alone may be accepted as a valid proof for the
payment made.

8. All incidental expenses incurred by the Government for making payment outside the
District in which the claim arises shall be borne by the contractor.

9. The contractor shall not assign or make over in part or wholly the contract or the
benefits or burdens thereof. The contractor shall not underlet or sublet the execution of
the contract or any part thereof without the consent in writing of the Government. The
Government shall have absolute power to refuse such consent or rescind such consent
(if given) at any time. The contractor shall not be relieved from his obligation, duty or
responsibility under this contract even if consent to let or subject is given by the
Government.

10. NOTWITHSTANDING the provisions contained in clause 5, the Government shall

have the right to cancel the contract for any default on the part of the contractor in due
performance thereof.

11. It shall be lawful for the Government from and out of any money for the time being
payable or due to the Contractor from the Government under this contract or
otherwise to set off any loss or expense, cost or damages sustained or incurred by the
Government by reason of the cancellation of the contract.

12. The security deposit shall subject to the conditions specified herein be returned to the
contractor within three months after the expiration of the contract. In all cases where
there are guarantee for the goods supplied the security deposit will be released only
after the expiry of the guarantee period.

13. The contractor agrees that any communication addressed to him may be handed over
to him or his agent personally or left at his residence or place of business or may be
sent by prepaid post to his address as mentioned in this deed.

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14. In case the supply of articles involves erection of machinery the contractor agrees that
the machinery will be erected within the time and at the place specified by the
Government/Purchasing Officer in that behalf. It shall also be the duty ad
responsibility of the contractor to see that the machinery thus erected is in good
working condition to the satisfaction of the person duly authorized by the
Government/Purchasing Officer in that behalf and to ensure the proper functioning of
the machinery till the guarantee period is over.

NOTE: In the event of failure of the contractor to erect the machinery within the time
and at the place specified by the Government/Purchasing Officer or in the event of the
machinery failing to function properly during the guarantee period the amount spent
by the Government and the loss sustained by the Government on this account by
making alternative arrangements shall be recoverable from the contractor in the
manner provided in Clause 15 hereunder.

15. The Contractor agrees that all sums found due to the Government under or by virtue
of these presents shall be recoverable from him and his properties, movable and
immovable, under the provisions of the Revenue Recovery Act, for the time being in
force as though they are arrears of land revenue or in any other manner and within
such time as the Government may deem fit. In deciding what sum of money is due to
Government under or by virtue of this deed, the contractor agrees that the decision of
the Government shall be final and conclusive and shall be binding on the contractor.

16. The Contractor agrees that any Sum of money due and payable to him from
Government shall be adjusted against any sum of money due to Government from him
under any other contracts.

IN WITNESS WHEREOF the Contractor and Shri …………………… …………… ……

………….. ………………………. (H.E. name and designation) for and on behalf of the
Governor of Kerala have hereunto set their hands.

Signed, sealed and delivered by…………………………

(Contractor)

In the presence of witness (1)

(2)

Signed, sealed and delivery by Shri ………………………………. …………………… (H.E

name and designation) for and on behalf of the Governor of Kerala.

In the presence of witness (1)

(2)

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 ANNEXURE 24

GOVERNMENT OF INDIA
MINISTRY OF SURFACE TRANSPORT

No.SC – 11011/1/94-ASO.II/Vol.III New Delhi, the 27th February, 1996

OFFICE MEMORANDUM

Sub: Ocean transportation of cargo under the control of Government/Public Sector

Undertakings – Review of the Policy regarding.

The undersigned is directed to say that as per the existing policy of Government of
India all import contracts are to be finalized on FOB (Free on Board)/FAS (Free
Alongside Ship) basis and those for exports on C&F (Cost and Freight)/CIF (Cost,
Insurance, Freight) basis in respect of Government owned/controlled cargoes on
behalf of Central Government Departments/State Government Departments and
Public Sector Undertakings under them and in case of any departure therefrom, prior
permission is required to be obtained from the chartering Wing of the Ministry of
Surface Transport on a case to case basis. The shipping arrangements are centralized
in the Ministry of Surface Transport. These instructions about FOB/FAS purchases
and C&F/CIF sales and entering into contracts where the elements of foreign
exchange expenditure is minimum already stand incorporated in the General
Financial Rules of the Government.

2. Based on the difficulties/problems, as intimated by certain Government

Departments/Public Sector Undertakings in the changed context of economic
liberalization, the thrust on performance improvement and competitiveness of Public
Sector Undertakings, decentralization of certain cargoes, Government has
undertaken a thorough review of the above policy at various levels and it has now
been decided by the Government that :-

i) Government policy for import contracts to be finalized on FOB/FAS basis and for
exports on CIF basis in respect of Government owned/controlled cargoes on
behalf of Central Government Departments/State Government Departments and
Public Sector Undertakings under them and centralized shipping arrangements

223
 through the Ministry of Surface Transport (Chartering Wing) in association with
the concerned user Ministry/Department/PSU may continue.
ii) Prior permission is required to be obtained from Ministry of Surface Transport on
a case to case basis in case of any departure from the above policy. However,
Ministry of Surface Transport shall ensure disposal of such requests within four
working days on receipt of the complete information/request from the concerned
Ministry/PSU.
iii) Ministry of Surface Transport, Chartering Wing to ensure full utilization of
suitable Indian vessels in case they are able to meet the indentor’s requirements
at competitive rates and are able to maintain the schedule.
iv) In case of import of bulk quantities like fertilizers, coal, food grains etc., where
freight element is substantial, a representative from Ministry of Surface Transport
may be invited to participate in the discussions for advising on the shipping
aspects of import/export contracts.
v) Ministry of Surface Transport should make all out efforts to finalise vessels,
Indian or foreign, at the most competitive rates and before fixing the vessels,
prior approval of the indenting department/PSU should be obtained.
vi) In order to make imports and exports cost-effective and for judicious use of
foreign exchange, Ministries/Departments should ensure imports on FOB/FAS
and exports on CIF basis failing which necessary No Objection Certificate (NOC)
should be obtained from Ministry of Surface Transport (Chartering Wing) while
applying for release of necessary foreign exchange for the purpose of chartering
foreign vessels and for making freight payment in foreign currency.
vii) The tendering system to be followed by Ministries/Departments/PSUs will be
standardized. The Cabinet Secretariat will initiate appropriate action in this
regard.
3. It is requested that above decision taken by the Government of India may kindly be
brought to the notice of all the Public Sector Undertakings/Projects/Autonomous
Bodies/Purchasing & Selling Organisations under the administrative control of
Ministries and Departments concerned and they may be advised to follow the
prescribed procedure for arranging shipment of their cargoes through Chartering
Wing (popularly known by its Cable Address: “TRANSCHART” in the shipping
circle, the world over) of this Ministry and incorporating the prescribed Shipping
Clauses in the purchase orders/contracts. They may also be instructed to send each
of the contracts in respect of both exports as well as imports, along with cargo

224
 particulars like weight, volume, loading port, discharging port, loading rate,
discharging rate, period of shipment, parcel size and any other specific condition
relating to shipment of cargoes etc., to this Ministry as soon as the same are finalized,
for taking further necessary action with regard to the shipping arrangements.

4. A copy of the instructions issued may please also be endorsed to this Ministry.

Sd/-
(T.V. SHANBHAG)
Chief Controller of Chartering

To
1. All Ministries/Departments of Government of India …………2 copies
2. The Chief Secretary to all the State Governments including the Union Territories

225
 ANNEXURE 25

GOVERNMENT OF INDIA
MINISTRY OF SURFACE TRANSPORT
(Chartering Wing)

No.SC – 18013/1/98-ASO.II New Delhi, the 11th February, 1998

OFFICE MEMORANDUM

Sub: Govt. Departments/Public Sector Projects/Undertakings Contracting of FOB/FAS

import and CIF exports – shipping arrangement through the Ministry of Surface
Transport (Chartering Wing) from various sectors – procedure regarding.

1. The undersigned is directed to say that as per general policy of Government of India, all
import contracts have to be concluded on FOB/FAS and those for exports on CIF basis in
respect of Government owned and controlled cargoes and shipping arrangements are
centralized with Chartering Wing of Ministry of Surface Transport. For any departure
from the above policy, prior approval of this Ministry is required. The policy provides
for grant of waivers in suitable cases where it is found it is not possible to follow the said
policy.

2. The shipping arrangements are being made by Chartering Wing, Ministry of Surface by
using Indian flag vessels and if no suitable Indian vessels are available in the required
position, foreign flag vessels are chartered. Shipping arrangements in respect of
Government general liner cargoes are being made by this Ministry through respective
Government of India’s freight forwarders like M/s. Schenker International, Humburg,
M/s. OPT, USA etc. Shipment of general liner cargo is not restricted to Indian flag
vessels and it is shipped by any vessel belonging to Conference member lines which are
operating from various sectors.

3. The Government of India has an agreement with India-Pakistan-Bangladesh-Ceylone

and Burma Freight Conference (INDPAKCON) FMC Agreement No.7690) covering the
trade from US Atlantic and Gulf ports to India through the vessels belonging to the
Member lines of this Conference only and as per the agreement all Government of
India/State Government Departments/PSUs/Projects cargoes are to be shipped only
through the vessels of Member Lines belonging to this Conference.

226
4. Similarly, the Government of India has another agreement with India – Pakistan
Bangladesh Conference (IPBC) covering the trade from ports in the United Kingdom
including Northern Ireland, North Continent of Europe (Germany, Holand, Belgium,
Norway, Sweden, Denmark, Finland) and from parts on the continental sea boards of the
Mediterranean (ie., French and Western Italian Port) to ports in India. It is obligatory on
the part of Government to ship all Government liner cargoes through the vessels
belonging to this Conference.

5. In order to ensure smooth and timely shipment of governmental general liner cargoes,
the Government of India, Ministry of Surface Transport has appointed freight
forwarding agents from various areas as mentioned below:

1. M/s. Schenker International Deutschland GmbH

Postfach 11 03 13, 20403 Hamburg
Dei den Muhren 5, 20457 Hamburg
Tel: (040) 36135-537, Fax: (040) 36135-509, Tlx: 21700 sh d
(In respect of government general liner cargoes emanating from UK/North
Continent as indicated in para (2) above).
2. M/s. OPT Overseas Project Transport Inc.,
(A Thyssen Haniel Logistic Co.)
46, Sellers St., Kearny, N.J. 07032, USA
Tel: (201) 998 771, TLX: 673-3586, Fax: (201) 998 7833
(In respect of cargoes emanating from US Gulf, Canada & South America)
3. Embassy of India
2-11, Kudan Minami 2 – Chome, Chiyoda-ku, TOKYO 102
Tlx: 2324886, INDEMB J, Phone : 03 (3262) 2391, Fax: 03 (3234) 4866
(In respect of government general liner cargoes emanating from Japan)
4. Embassy of India
San-2-1, Bokwang-Doong, Youngsan-ku (Heband Bewling Centre)
Seoul, South Korea (CABLE IND EMBASSY, SEOUL, SOUTH KOREA)
Telex: K211641, Tele. 793-4142, 704159
(In respect of cargoes emanating from South Korea)
5. Shipping Corporation of India Ltd.
Shipping House, 245, Madame Cama Road, Mumbai
Tlx: 011 2214/2371 SCI IN), Phone: 2026666, 2026785
(In respect of cargoes being shipped from all other areas which are not
covered from (1) to (4) above).

6. In order to ensure compliance with the transportation agreement with

INDPAKCON, IPBC, M/s Opt, USA and M/s Schenker International, Hamburg, all
the Public Sector Undertakings, Projects are requested to prescribe in their purchase

227
 contracts that all booking must be made through Government of India’s respective
freight forwarders as indicated above and the same may also be incorporated in the
letter of credit to ensure shipping arrangements through the vessels of Members of
the Conference and appointed freight forwarders.

7. It has been brought to the notice of this Ministry that some of the Public Sector
Undertakings are not following the above policy and shipping arrangements are
made through other than GoI appointed freight forwarders. It has been further
brought to the notice of this Ministry that some of the Indian freight forwarding
companies are claiming to have been appointed as freight forwarders by M/o
Surface Transport which is not correct. Therefore, it is advised that Government of
India and State Government Departments and Public Sector Undertakings should
ensure (as indicated above) only and should not entertain any other freight
forwarder in this regard.

8. It is requested that the above may kindly be brought to the notice of all the Public
Sector Undertakings/projects/purchase and selling organizations under the
administrative control of the Ministries/Departments concerned and they may be
advised to follow the prescribed procedure for arranging shipment of their cargoes
through Chartering wing (Transchart) of this Ministry and incorporate the prescribed
shipping clauses in the import/export contracts.

Sd/-
(T.V. SHANBHAG)
Chief Controller of Chartering

To
1. All Ministries/Departments of Government of India …………2 copies
2. The Chief Secretary to all the State Governments

228
 ANNEXURE 26

MODEL AMENDMENT LETTER FOR EXTENSION OF DELIVERY PERIOD

FOR FOB/FAS/CIF CONTRACT

Registered Acknowledgement Due

Address of the purchaser

…………………………………….
…………………………………….
…………………………………….
To
M/s. ………………………………..
………………………………………

Sub: This office contract no………… dated……… placed on you for supply of ……….
Ref: Your letter no……………………..dated……………………….

Dear Sirs,

You have failed to deliver the goods/entire quantity of the goods within the contract deliver
period/delivery period as last extended up to …………………… In your above referred
letter, you have asked for extension/further extension of time for delivery. In view of the
circumstances stated in your above referred letter, the time of delivery is extended from
………. (last delivery period) to …………… (presently agreed delivery period).

2. Please note that in terms of clause ………..of the contract, a sum equivalent to ……%
(…….per cent) of the delivered price of the delayed goods for each week of delay or part
thereof (subject to the ceiling as provided in the aforesaid clause) beyond the original
contract delivery date/the last unconditionally re-fixed delivery date (as & if applicable)
viz. …….. will be recovered from you as liquidated damages.

3. The above extension of delivery date will also be subject to the further condition that,
notwithstanding any stipulation in the contract for increase in price on any ground, no
such increase, whatsoever, which takes place after ….. shall be admissible on such of the
said goods as are delivered after the said date. But, nevertheless, the purchaser shall be
entitled to the benefit of any decrease in price on any ground (including the impact of
the price variation clause, if incorporated in the contract), which takes place after the
expiry of the above mentioned date namely ……..

4. You are also required to extend the validity period of the performance guarantee for the
subject contract from ………….(present validity date) to ……………(required extended
date) within fifteen days of issue of this amendment letter.

229
5. Please intimate your unconditional acceptance of this amendment letter within ten days
of the issue of this letter failing which the contract will be cancelled at your risk and
expense without any further reference to you.

All other terms & conditions of the contract remain unaltered.

Yours faithfully,

(………………….)
For and on behalf of ………..

Copy to:

……………………
……………………
……………………
(All concerned)

…. Original delivery date or the last unconditionally re-fixed delivery date (as the case
may be)

NB: The entries which are not applicable for the case under consideration are to be
deleted.

230
 ANNEXURE 27

MODEL AMENDMENT LETTER FOR EXTENSION OF DELIVERY PERIOD

FOR CONTRACT OTHER THAN FOB/FAS/CIF CONTRACT

Registered Acknowledgement Due

Address of the purchase office

……………………………………..
…………………………………….
…………………………………….
To
M/s. ………………………………..
………………………………………

Sub: This office contract no……… dated…………placed on you for supply of ……….
Ref: Your letter no……………………..dated……………………….

Dear Sirs,

You have failed to deliver the goods/entire quantity of the goods within the contract deliver
period/delivery period as last extended up to …………………… In your above referred
letter, you have asked for extension/further extension of time for delivery. In view of the
circumstances stated in your above referred letter, the time of delivery is extended from
………. (last delivery period) to …………… (presently agreed delivery period).

2. Please note that in terms of clause ………..of the contract, a sum equivalent to ……%
(…….per cent) of the delivered price of the delayed goods for each week of delay or part
thereof (subject to the ceiling as provided in the aforesaid clause) beyond the original
contract delivery date/the last unconditionally re-fixed delivery date (as & if applicable)
viz. ….. will be recovered from you as liquidated damages.

3. The above extension of delivery date will also be subject to the following further
conditions:-

i) That no increase in price on account of any statutory increase in or fresh imposition

of custom duty, excise duty, sales tax or on account of any other tax or duty leviable
in respect of the goods specified in the said contract, which take place after ….. shall
be admissible on such of the said goods as delivered after the said date.
ii) That notwithstanding any stipulation in the contract for increase in price on any
ground, no such increase, whatsoever, which takes place after …… shall be
admissible on such of the said goods as are delivered after the said date.

231
 iii) But, nevertheless, the purchaser shall be entitled to the benefit of any decrease in
price on account of reduction in or remission of custom duty, excise duty, sales tax or
on account of any other tax or duty or any other ground whatsoever, including the
impact of price variation clause (if incorporated in the contract), which takes place
after the expiry of the above mentioned date namely …...

4. You are also required to extend the validity period of the performance guarantee for the
subject contract from ………….(existing date) to ……………(required extended date)
within fifteen days of issue of this letter.

5. Please intimate your unconditional acceptance of this amendment letter, to reach this
office within ten days of the issue of this letter, failing which the contract will be
cancelled at your risk and expense without any further reference to you.

All other terms & conditions of the contract remain unaltered.

Yours faithfully,

(………………….)
for and on behalf of ………..

Copy to:

……………………
……………………
……………………
(All concerned)

….. Original delivery date or the last unconditionally re-fixed delivery date (as the case
may be)

NB: The entries which are not applicable for the case under consideration are to be
deleted.

232
 ANNEXURE 28

MODEL FORMAT FOR PERFORMANCE NOTICE

Registered Acknowledgement Due

To

M/s. ………………………………..
………………………………………

Sub: Contract no…………… dated…………placed on you for supply of ……….

Dear Sirs,

Your attention is invited to the acceptance of tender cited above, according to which
suppliers ought to have been completed by you on or before……… In spite of the fact that
the time of delivery of the goods stipulated in the contact is deemed to be of the essence of
the contract, it appears that …. are still outstanding even though the date of delivery has
expired.

2. Although not bound to do so, the delivery date is hereby extended to ………..and you
are requested to note that in the event of your failure to deliver the goods within the
delivery period as hereby extended, the contract shall be cancelled for the outstanding
goods at your risk and cost.

3. ………………………………………………
4. ………………………………………………
5. ………………………………………………
6. ………………………………………………

Yours faithfully,

(………………….)

for………………….

…… Details of outstanding goods

233
 ANNEXURE 29

MODEL FORMAT FOR CORRESPONDENCE WITH SUPPLIER

AFTER BREACH OF CONTRACT

Registered Acknowledgement Due

To

M/s. ………………………………..
………………………………………

Sub: Contract no…………… dated………………. for supply of ………………………………..

Dear Sirs,

The date of delivery of the subject contract expired on ……………… As supplies against the
same have not yet been completed, there is a breach of the contract on your part. As
information is required regarding past supplies against this contract, you are requested to
send the particulars regarding the quantity so far supplied and, also, the quantity so far
inspected but not yet dispatched and the quantity so far not tendered for inspection before
the expiry of the date of delivery. The above information is required for the purpose of
verification of our records and is not intended to keep the contract alive and does not waive
the breach.

This is without prejudice to the rights and remedies available to the purchaser in terms of
the contract and law applicable in this behalf.

Yours faithfully,

(………………….)

for ………..………..

234
 ANNEXURE 30

FORM OF SECURITY BOND FOR ADVANCE PAYMENT

Know all MEN BY THESE PRESENT THAT I/WE ……………………………………

…………………………….. (here enter name(s) and address(es) of the person or persons)
(hereinafter called “the Contractor”) bind myself/ourselves to the Governor of Kerala
(hereinafter called “the Government”) for the payment to the Government of the sum of
`…………………………………………….(Rupees in words also.)

Signed by Shri………………………………………………………………
Shri………………………………………………………….. in the presence of witnesses.

1…………………………………………………………………….
2…………………………………………………………………….

WHEREAS by Security bond executed on the ………………………….day of

………………………………….………………………………………………………………………
BETWEEN the Government and the Contractor (hereinafter called “the said Agreement”)
the Contractor has agreed to supply to the Government of Kerala ………………………(here
enter the name of material) (hereinafter collectively called as “the materials’) in pursuance of
supply Order No…………………………………… dated……………………………….

WHEREAS one of the conditions of the said security bond is that all payments to the
Contractor for supplies effected satisfactorily will be made after scrutiny of the bills;
WHEREAS the Contractor has requested the Government to make advance payment on the
basis of railway receipt for dispatch/or bill of lading or against proof of dispatch of the
…………………………………….. (here enter details of materials) before actual receipt and
verification of the materials agreed to be supplied as per the said agreement.

AND WHEREAS Government have agreed to advance to the Contractor …………..per cent
of the value of the materials agreed to be supplied;

235
AND WHEREAS for the purpose of security and indemnifying the Government against all
loss or damage which the Government may suffer in the event of materials supplied being
found short or defective on checking and in consideration of the said advance payment of
`…………………. (in words also) by the Government to the Contractor it has been agreed by
the Contractor to execute this bond subject to the conditions hereinafter contained.

NOW THE CONDITION of the above written Bond is such that if the Contractor supplies
the materials mentioned in the said agreement in complete satisfaction of the Government
and in conformity with the provisions of the said security bond the above written bond shall
be void otherwise the same shall be and remain in full force and effect.

All sums found due to the Government from the Contractor under or by virtue of this deed
shall be recoverable from the Contractor and his/their properties both movable and
immovable under the provisions of the Revenue Recovery Act for the time being in force as
though such sums are arrears of land revenue and in such other manner and within such
time as the Government may deem fit. “In deciding what sum of money is due to
Government under or by virtue of this agreement the Contractor agrees that the decision of
the Government shall be final and conclusive and shall be binding on the Contractor”.

IN WITNESS WHEREOF Shri…………………………………………………………….. has

signed this ………………………………………………………………………………………… day
of ………………………………………………………………………………………………………

Signed by Shri. ……………………………………………

In the presence of witnesses:

1.

2.

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 ANNEXURE 31

EXTRACTS OF ARTICLES 14 AND 50 OF THE KERALA STAMP ACT, 1959

(ACT 17 OF 1959)

Description of instrument Proper stamp duty

50. Security bond or mortgage deed executed by

way of security for the due execution of an
office or to account for money or other property
received by virtue thereof or executed by a
surety to secure the due performance of a
contract--
(a) When the amount secured does not Five rupees for every ` 100 or
exceed ` 1,000 part thereof the amount
secured.
(b) In any other case Sixty rupees

237
 ANNEXURE 32

FORM OF AGREEMENT
(For Rate or Running Contracts)

Agreement executed the ………………………………………….……. day of

……………………… between ….…………………………………………………….. ……………
(hereinafter called “the Contractor”) and Governor of Kerala (hereinafter called “the
Government”).

WHEREAS the Contractor has tendered for the supply of articles for the use of the
Government as per tender Notification No. ……………………………………..………………
dated …………………………. Published at pages …………………………………………… of
part ………………….... of the Kerala Government Gazette dated ……………. ……………
Which tender notification shall form part of this Agreement as if corporated herein;

“AND WHEREAS the Government/Purchasing Officer have/has been pleased to accept the
offer subject to the conditions stipulated in the supply order No.
……………………………………. Dated …………………………………… (which shall form
part of this agreement as if incorporated herein) in respect of the articles mentioned therein”.

AND WHEREAS the Contractor has as security for the due fulfillment of his obligations
under this deed deposited `………….. ……………………………….. being
…………………………………….. per cent of the estimated value of the contract in
……………………………………….. Treasury as per Pass Book No. …………………………
/Chalan No. …………………………………………………………………………. and pledged
the Pass Book to the ………………………………………………..……………/ as per draft on
…………………………………………………………. Bank duly approved by the
Government/ in the form of a letter of guarantee for such amount from
………………………………………………..………………………………………Bank approved
by the Government.

NOW THESE PRESENTS WITNESS AS FOLLOWS

1. (a) In cases where along with the tender samples have been forwarded to the
Government and the sample approved the Contractor agrees to supply the materials
according to the approved samples. In other cases the Contractor agrees to forward
samples to Government for approval if so required and then to supply materials
according to such approved samples. When samples are not required, the Contractor
agrees to supply according to standard specifications.

Samples forwarded by the Contractor to the Government will not be paid for and shall
be the property of the Government but the Government are at liberty to return them to
the Contractor on the completion of his contract or to pay for them at agreed rates if they

238
 so choose. All samples must be clearly labeled showing to what particular items
tendered for they relate and they should be of sufficient size and quantity to enable the
Government to see if the supplies made are according to the approved samples.

(b) The contractor hereby declares that the goods sold to the buyer under this contract
shall be of the best quality and workmanship and shall be strictly in accordance with the
specifications and particulars contained n the copy of the order attached here with and
the Contractor hereby guarantees that the said goods would continue to conform to the
description and quality aforesaid for a period of
………………………………………………………………………………… days/ months
from the date of delivery of the said goods to Government and that notwithstanding the
fact that the Government may have inspected and/or approved the said goods, if during
the aforesaid period of ……………………………. days/month the said goods be
discovered not to conform to the description and quality aforesaid or have deteriorated
(and the decision of the Government in that behalf will be final and conclusive) the
Government will be entitled to reject the said goods or such portion thereof as may be
discovered not to conform to the said description and quality. On such rejection the
goods will be at the Contractor’s risk and all the provisions herein contained relating to
rejection of goods, etc., shall apply. The contractor shall, if so called upon to do replace
the goods, etc., or such portion thereof as is rejected by the Government. Otherwise the
contractor shall pay to the Government such damages as may arise by reason of the
breach of the condition herein contained. Nothing herein contained shall prejudice any
other right of the Government in that behalf under this contract or otherwise.

2. Requests for enhancement of rates once accepted will not be considered except where
Government have, prior to the actual supplies, expressly agreed in writing for any price
variation under specified circumstances. Conditions of sale or other special terms and
conditions, if any, printed on the quotation sheets of the Contractor or attached with the
Contractor’s tender or any other letter or paper from the Contractor will not govern this
contract nor bind the Government in any manner whatsoever unless such terms have
been expressly accepted by the Government in writing.

3. The approximate quantities to be supplied are shown in the copy of the supply order
herewith attached, but it is agreed that they are only estimates of and not the actual
quantities required by the Government. The Government however are not obliged to
purchase the entire quantity mentioned in the order or even any portion of such quantity
during the period of contract, in case no actual need arises therefore. The Contractor
however agrees to supply the quantity required (even if it be in excess of the quantity
estimated in the order but not exceeding the estimated quantity beyond
………………………………….. per cent) of any article at the rate tendered by him for that
article within the time fixed.

4. In the case of goods delivered by shipment, the Contractor, shall where, the expected
tonnage of goods is more than 200 tons, deliver goods through the Trivandrum Port, if
so required by Government.

239
5. The Contractor agrees that time is the essence of this contract.

6. (a) If the contractor defaults in the due supply of all or any of the articles correctly and
promptly as above the Government are at liberty to procure the same from elsewhere
without cancelling the contract as a whole. If Government incur, in thus procuring such
materials, a higher cost than the agreed rate such excess cost may be deducted by the
Government from the Contractor’s bill or adjusted or otherwise realized from his
security deposit or recovered from him by other means. The contractor agrees that he
shall not be entitled to claim the excess, if any, of the tendered rate over such cost to
Government.

*6 (b) If the Contractor fails to deliver all or any of the Stores or perform the service within
the time/period(s) specified in the contract, the purchaser shall without prejudice to its
other remedies under the contract, deduct from the contract price as liquidated damages,
a sum equivalent to 0.5% or 1% of the delivered price of the delayed stores or
unperformed services for each week of delay until actual delivery or performance, upto
a maximum deduction of 10% of the contract, prices of the delayed stores or services.
Once the maximum is reached, the purchaser may consider termination of the contract at
the risk and cost of the contractor.

7. (a) All payments to the Contractor for supplies effected satisfactory will be made after
scrutiny of his bills-
(i) either by departmental cheques payable at the Government Treasuries’
(ii) or by cheques or drafts of the Reserve Bank of India, State Bank of India and
State Bank of Travancore (at any of their principal branches in India);
(iii) or in the case of supplies from abroad by drafts or otherwise as may be agreed
to.
(b) The firms will produce stamped pre-receipted invoices in all cases where
payments (advance/final) for release of railway receipts/shipping documents are
made through Banks. In exceptional cases where the stamped receipts of the firms are
not received for the payments (in advance) the unstamped receipt of the bank (i. e.
counterfoils of pay-in-slips issued by the Bank) alone may be accepted as a valid proof
for the payment made.

8. All incidental expenses incurred by the Government for making payments outside the
District which the claim arises shall be borne by the contractor.

9. The contractor shall not assign or make over in part or wholly the contract or the
benefits or burdens thereof. The contractor shall not underlet or sublet the execution of
the contract or any part thereof without the consent in writing of the Government. The
Government shall have absolute power to refuse such consent or rescind such consent
(if given) at any time. The contractor shall not be relieved from his obligation, duty or
responsibility under this contract even if consent to let or subject is given by
Government.

                                                            
*
 Inserted by G. O. 9ms.) No. 8/96/SPD, dated 9‐8‐1996. 

240
 10. NOTWITHSTANDING the provisions contained in clause 5, the Government shall
have the right to cancel the contract for any default on the part of the contractor in due
performance thereof.

11. It shall be lawful for the Government from and out of any money for the time being
payable or due to the Contractor from the Government under this contract or
otherwise to set off any loss or expense, cost or damages sustained or incurred by the
Government by reason of the cancellation of the contract.

12. The security deposit shall subject to the conditions specified herein be returned to the
contractor within three months after the expiration of the contract. In all cases where
there are guarantee for the goods supplied the security deposit will be released only
after the expiry of the guarantee period.

13. The contractor agrees that any communication addressed to him may be handed over
to him or his agent personally or left at his residence or place of business or may be
sent by prepaid post to his address as mentioned in this deed.

14. In case the supply of articles involves erection of machinery the contractor agrees that
the machinery will be erected within the time and at the place specified by the
Government/Purchasing Officer in that behalf. It shall also be the duty and
responsibility of the contractor to see that the machinery thus erected is in good
working condition to the satisfaction of the person duly authorized by the
Government/Purchasing Officer in that behalf and to ensure the proper functioning
of the machinery till the guarantee period is over. In the event of the failure of the
contractor to erect the machinery within the time and at the place specified by the
Government/Purchasing Officer or in the event of the machinery failing to function
properly during the guarantee period, the amount spent by the Government and the
loss sustained by the Government on this account by making alternative
arrangements shall be recoverable from the contractor in the manner provided in
clause 15 hereunder.

15. The Contractor agrees that all sums found due to the Government under or by virtue
of these presents shall be recoverable from him and his properties, movable and
immovable, under the provisions of the Revenue Recovery Act, for the time being in
force as though they are arrears of land revenue or in any other manner and within
such time as the Government may deem fit. In deciding what sum of money is due to
Government under or by virtue of this deed, the contractor agrees that the decision of
the Government shall be final and conclusive and shall be binding on the contractor.

16. The Contractor agrees that any sum of money due and payable to him from
Government shall be adjusted against any sum of money due to Government from him
under any other contracts.

241
 In witness whereof the Contractor and Sri ………………………………… (H.E. name
and designation) for and on behalf of the Governor of Kerala have hereunto set their
hands.

Signed, sealed and delivered by ………………………….

(Contractor)

In the presence of witnesses

(1)

(2)

Signed, sealed and delivered by ……………………………………………………. (H.E. name

and designation) for and on behalf of the Governor of Kerala.

In the presence of witnesses

(1)

(2)

242
 Appendix-1
No. 98/ORD/1
Government of India
Central Vigilance Commission
******
Satarkata Bhavan, Block - 'A',
GPO Complex, INA,
New Delhi - 110 023
Dated 04.09.2003

Office Order No.44/9/03

To

All Chief Vigilance Officers

Sub: Irregularities in the award of contracts.

Sir/Madam,

While dealing with the case of a PSU, the Commission has observed that the
qualification criteria incorporated in the bid documents was vague and no evaluation
criterion was incorporated therein. It is also seen that the category-wise anticipated TEUs
were not specified in the bid documents and the same was left for assumptions by Tender
Evaluation Committee for comparative evaluation of financial bids, which led to
comparative evaluation of bids on surmises and conjectures. Further, it was also provided as
a condition in the tender bid that the tenderer should have previous experience in
undertaking handling of similar work and/or transportation works preferably of ISO
containers, however, no definition of 'similar works' was, indicated in the bid documents.

2. It should be ensured that pre-qualification criteria, performance criteria and

evaluation criteria are incorporated in the bid documents in clear and unambiguous terms
as these criterion very important to evaluate bids in a transparent manner. Whenever
required the departments/organisations should have follow two-bid system, i.e. technical
bid and price bid. The price bids should be opened only of those vendors who were
technically qualified by the Deptt./ Organisation. The Commission would therefore advise
that the Deptt./ Organisation may issue necessary guidelines in this regard for future
tenders.

3. It has also observed that the orders were allegedly split in order to bring it within the
powers of junior officers and that the proper records of machine breakdown were not being
kept. It is therefore, decided that in the matters of petty purchase in emergency items all
departments/organisations must keep proper records of all machine breakdown etc.

4. All CVOs may bring this to the notice of all concerned.

Yours faithfully,

Sd/-
(Anjana Dube)
Deputy Secretary

243
 Appendix-2

No.98/ORD/1
CENTRAL VIGILANCE COMMISSION
*****

Satarkata Bhavan, Block ‘A’

G.P.O. Complex, I.N.A.,
New Delhi– 110 023
Dated the 18th December, 2003

Subject:- Improving Vigilance Administration: Increasing Transparency in

Procurement/ Sale etc.

The Commission is of the opinion that in order to bring about greater transparency
in the procurement and tendering processes there is need for widest possible publicity.
There are many instances in which allegations have been made regarding inadequate or no
publicity and procurement officials not making available bid documents, application forms
etc. in order to restrict competition.

2. Improving vigilance administration is possible only when system improvements are

made to prevent the possibilities of corruption. In order to bring about greater transparency
and curb the mal-practices mentioned above the Central Vigilance Commission in the
exercise of the powers conferred on it under Section 8(1)(h) issues following instructions for
compliance by all govt. departments, PSUs, Banks and other agencies over which the
Commission has jurisdiction. These instructions are with regard to all cases where open
tender system is resorted to for procurement of goods and services or for auction/sale etc. of
goods and services.

(i) In addition to the existing rules and practices regarding giving publicity of
tenders through newspapers, trade journals and providing tender documents
manually and through post etc. the complete bid documents alongwith
application form shall be published on the web site of the organization. It
shall be ensured by the concerned organization that the parties making use of
this facility of web site are not asked to again obtain some other related
documents from the department manually for purpose of participating in the
tender process i.e. all documents upto date should remain available and shall
be equally legally valid for participation in the tender process as manual
documents obtained from the department through manual process.

(ii) The complete application form should be available on the web site for
purposes of downloading and application made on such a form shall be
considered valid for participating in the tender process.

(iii) The concerned organization must give its web site address in the
advertisement/NIT published in the newspapers.

iv) If the concerned organization wishes to charge for the application form
downloaded from the computer then they may ask the bidding party to pay

244
 the amount by draft/cheques etc. at the time of submission of the application
form and bid documents.

3. While the above directions must be fully complied with, efforts should be made by
organizations to eventually switch over to the process of eprocurement/e-sale wherever it is
found to be feasible and practical.

4. The above directions are issued in supersession of all previous instructions issued by
the CVC on the subject of use of web-site for tendering purposes. These instructions shall
take effect from 1st January, 2004 for all such organizations whose web-sites are already
functional. All other organizations must ensure that this facility is provided before 1st April,
2004.

Sd/-
(P. Shankar)
Central Vigilance Commissioner
To

(i) The Secretaries of All Ministries/Departments of Government of India

(ii) The Chief Secretaries to all Union Territories
(iii) The Comptroller & Auditor General of India
(iv) The Chairman, Union Public Service Commission
(v) The Chief Executives of all PSEs/ Public Sector Banks/Insurance Companies/
Autonomous Organisations/Societies.
(vi) The Chief Vigilance Officers in the Ministries/Departments/PSEs/Public Sector
Banks/Insurance Companies/Autonomous Organisations/Societies
(vii) President’s Secretariat / Vice-President’s Secretariat / Lok Sabha Secretariat / Rajya
Sabha Secretariat / PMO
 

245
 Appendix-3

No.98/ORD/1
Government of India
CENTRAL VIGILANCE COMMISSION
******
Satarkata Bhavan, Block ‘A’,
G.P.O. Complex, I.N.A.,
New Delhi – 110 023
Dated the 6th April, 2004
Office Order No. 20/4/04

Sub: Improving Vigilance Administration: Increasing Transparency and cutting delays

by e-payments and e-receipt by Govt. Organisations etc.

The Commission has been receiving complaints about inordinate delays in making
payments to the vendors and other suppliers to the Govt. organisations, Public Sector
Undertakings etc. Similarly complaints are received about delays in getting refunds from
taxation dept. and other departments. Apart from increasing the cost of procurement, the
delays lead to opportunities for corruption. A number of measures are required to cut down
on delays in making payments. One such step is resorting to mechanism of e-payments and
e-receipts wherever such banking facilities exist.

In the last few years tremendous progress has been made by the banking sector in
computerization including net-working of branches, making it possible to do e-banking by
making use of facilities like electronic clearing system (ECS) and electronic fund transfer
(EFT) etc. These facilities are available in most of the banks including the State Bank of India
as well as in private banks. A large number of corporates including public sector
undertakings are already making e-payments to vendors and employees instead of making
payments by issue of cheques.

The Commission has been receiving complaints that delay is intentionally caused
with ulterior motives in the issue and dispatch of cheques in the accounts and finance wings
of a large number of Govt. Organisations. As the e-payment facility is already available in
the metros as well as practically in all the main urban centres of the country, in order to curb
the above mentioned malpractices, the CVC in the exercise of powers conferred on it under
Section 8(1) (h) issues following instructions for compliance by all govt. departments, PSUs,
banks and other agencies over which the Commission has jurisdiction.

1. The payment to all suppliers/vendors, refunds of various nature, and other

payments which the organisations routinely make shall be made through electronic
payment mechanism at all centres where such facilities are available in the banks.

2. Salary and other payments to the employees of the concerned organizations at such
centres shall also be made through electronic clearing system (ECS) wherever such facilities
exist.

As the organisations will have to collect bank account numbers from the vendor,
suppliers, employees and others who have interface of this nature with the Govt.
organisations, the concerned organisations may plan to switch over to epayment system in a

246
phased manner starting with transactions with the major suppliers in the beginning or in
whatever manner is found more convenient.

It is expected that in three months i.e. by 1st July, 2004, 50% of the payment
transactions both in value terms as well as in terms of number of transactions shall be made
through ECS/EFT mechanism instead of payment through cheques. The remaining 50%
payment transactions at all centres where such facilities exist shall be made by 31st Dec.,
2004.

These instructions are applicable to all the metro cities and other urban centres where
the banks provide ECS/EFT and similar other facilities.

The departments, PSUs, Banks etc. should also provide an enabling environment and
facilities so that businessmen and other citizens can make payment of Govt. dues and
payments to PSUs etc. electronically.

In addition to significantly reducing processing costs in preparation and dispatch of

cheques, the above measures also reduce the risk of frauds by providing speed, efficiency
and easier reconciliation of accounts.

Sd/-
(Anjana Dube)
Deputy Secretary
To

i) The Secretaries of All Ministries/Departments of Government of India.

ii) The Chief Secretaries to all Union Territories.
iii) The Comptroller & Auditor General of India.
iv) The Chairman, Union Public Service Commission.
v) The Chief Executives of all PSEs / Public Sector Banks / Insurance Companies /
Autonomous Organisations / Societies.
vi) All Chief Vigilance Officers in the Ministries / Departments / PSEs Public Sector
Banks / Insurance Companies / Autonomous Organisations / Societies.
vii) President’s Secretariat / Vice-President’s Secretariat / Lok Sabha Secretariat /Rajya
Sabha Secretariat / PMO.

247
 Appendix-4

No. 12-02-6-CTE-SPI(I)-2
Government of India
Central Vigilance Commission
(CTE’s Organisation)

Satarkata Bhawan
Block A, GPO Complex
INA Colony
New Delhi- 110 023
Dated: 21st April 2004

Office Order No. 25/04/04

Sub: Consideration of Indian Agents.

The Commission has received a complaint alleging that in Government tenders an agent
participates by representing a company officially and another bid is submitted as a ‘direct
offer’ from the manufacturer. At times, the agent represents a foreign company in one
particular tender and in another tender the said foreign company participates directly and
the agent represents another foreign company. There is a possibility of cartelization in such
cases and thus award of contract at higher prices.

2. The issue has been deliberated in the Commission. In order to maintain the sanctity
of tendering system, it is advised that the purchases should preferably be made directly
from the manufacturers. Either the Indian Agent on behalf of the foreign principal or the
foreign principal directly could bid in a tender but not both. Further, in cases where an
agent participates in a tender on behalf of one manufacturer, he should not be allowed to
quote on behalf of another manufacturer along with the first manufacturer in a
subsequent/parallel tender for the same item.

3. It is suggested that these guidelines may be circulated amongst the concerned

officials of your organization for guidance.

Sd/-
(A.K. Jain)
Technical Examiner
For Chief Technical Examiner

To

All CEOs of Ministries/Departments/PSUs/Banks/Insurance Companies/Autonomous

Organisations/UTs.

248
 Appendix-5

No. 05-04-1-CTE-8
Government of India
Central Vigilance Commission
(CTEs Organisation)

Satarkata Bhawan
INA Colony
New Delhi- 110023
Dated: 8.6.2004

OFFICE MEMORANDUM

Sub: Receipt and Opening of Tenders

*********

In the various booklets issued by the CTE Organisation of the Commission, the need to
maintain transparency in receipt and opening of the tenders has been emphasized and it has
been suggested therein that suitable arrangements for receipt of sealed tenders at the
scheduled date and time through conspicuously located tender boxes need to be ensured.

A case has come to the notice of the Commission, where due to the bulky size of tender
documents the bid conditions envisaged submission of tenders by hand to a designated
officer. However, it seems that one of the bidders while trying to locate the exact place of
submission of tenders, got delayed by few minutes and the tender was not accepted leading
to a complaint.

In general, the receipt of tenders should be through tender boxes as suggested in our
booklets. However, in cases where the tenders are required to be submitted by hand, it may
be ensured that the names and designation of atleast two officers are mentioned in the bid
documents. The information about these officers should also be displayed at the
entrance/reception of the premises where tenders are to be deposited so as to ensure
convenient approach for the bidders. The tenders after receipt should be opened on the
stipulated date and time in presence of the intending bidders.

Sd/-
(Gyaneshwar Tyagi)
Technical Examiner

Copy to: -

All CVOs: Ministries/Departments/PSUs/Banks/UTs

 

249
 Appendix-6

No. OFF-1-CTE-1(Pt) V
Government of India
Central Vigilance Commission
*****

Satarkata Bhawan, Block ‘A’,

GPO Complex, INA,
New Delhi- 110 023
Dated the 24th March 2005

Office Order No. 15/3/05

Subject: Notice inviting tenders – regarding.

The Commission has observed that some of the Notice Inviting Tenders (NITs) have
a clause that the tender applications could be rejected without assigning any reason. This
clause is apparently incorporated in tender enquiries to safeguard the interest of the
organisation in exceptional circumstance and to avoid any legal dispute, in such cases.

2. The Commission has discussed the issue and it is emphasized that the above clause
in the bid document does not mean that the tender accepting authority is free to take
decision in an arbitrary manner. He is bound to record clear, logical reasons for any such
action of rejection/recall of tenders on the file.

3. This should be noted for compliance by all tender accepting authorities.

Sd/-
(Anjana Dube)
Deputy Secretary

All Chief Vigilance Officers

250
 Appendix-7

005/VGL/66
Government of India
Central Vigilance Commission
*****
Satarkata Bhawan, Block ‘A’,
GPO Complex, INA,
New Delhi- 110 023
Dated the 9/12/2005

Office Order No. 71/12/05

Subject: Undertaking by the Members of Tender Committee/Agency.

In continuation of the Commission’s directions vide Order 005/VGL/4 dated

16/3/2005 regarding transparency in the tender process, the Commission would advise that
the members of the Tender Committee should give an undertaking at the appropriate time,
that none of them has any personal interest in the Companies/Agencies participating in the
tender process. Any Member having interest in any Company should refrain from
participating in the Tender Committee.

2. CVOs should bring this to the notice of all concerned.

Sd/-
(Anjana Dube)
Deputy Secretary

All Chief Vigilance Officers

251
 Appendix-8

No.02-07-01-CTE-30
Government of India
Central Vigilance Commission
*****

Satarkata Bhawan, GPO Complex,

Block A, INA, New Delhi 110 023
Dated 31st Dec. 2007

OFFICE MEMORANDUM
Circular No. 01/01/08

Sub: Acceptance of Bank Guarantees.

A number of instances have come to the notice of the Commission where forged/fake bank
guarantees have been submitted by the contractors/suppliers. Organizations concerned
have also not made any effective attempt to verify the genuineness/authenticity of these
bank guarantees at the time of submission.

2. In this background, all organizations are advised to streamline the system of acceptance of
bank guarantees from contractors/suppliers to eliminate the possibility of acceptance of any
forged/fake bank guarantees.

3. The guidelines on this subject issued by Canara Bank provides for an elaborate procedure,
which may be found helpful for the organizations in eliminating the possibility of
acceptance of forged/fake bank guarantees. The guidelines issued by Canara Bank provides
that –

“The original guarantee should be sent to the beneficiary directly under Registered Post
(A.D.). However, in exceptional cases, where the guarantee is handed over to the customer
for any genuine reasons, the branch should immediately send by Registered Post (A.D.) an
unstamped duplicate copy of the guarantee directly to the beneficiary with a covering letter
requesting them to compare with the original received from their customer and confirm that
it is in order. The A.D. card should be kept with the loan papers of the relevant guarantee.

At times, branches may receive letters from beneficiaries, viz., Central/State Governments,
public sector undertakings, requiring bank’s confirmation for having issued the guarantee.
Branches must send the confirmation letter to the concerned authorities promptly without
fail.”

252
 4. Therefore, all organizations are advised to evolve the procedure for acceptance of BGs,
which is compatible with the guidelines of Banks/Reserve Bank of India. The steps to be
ensured should include –
i. Copy of proper prescribed format on which BGs are accepted from the contractors
should be enclosed with the tender document and it should be verified verbatim on
receipt with original document.
ii. It should be insisted upon the contractors, suppliers, etc. that BGs to be submitted by
them should be sent to the organization directly by the issuing bank under Registered
Post (A.D.).
iii. In exceptional cases, where the BGs are received through the contractors, suppliers, etc.,
the issuing branch should be requested to immediately send by Registered Post (A.D.) an
unstamped duplicate copy of the guarantee directly to the organization with a covering
letter to compare with the original BGs and confirm that it is in order.
iv. As an additional measure of abundant precaution, all BGs should be independently
verified by the organisations.
v. In the organization/unit, one officer should be specifically designated with
responsibility for verification, timely renewal and timely encashment of BGs.

5. Keeping above in view, the organizations may frame their own detailed guidelines to
ensure that BGs are genuine and encashable.

6. Receipt of the above guidelines should be acknowledged.

Sd/- 26/4/10
(Smt. Padmaja Varma)
Chief Technical Examiner
To

All Chief Vigilance Officers

253
 Appendix-9

No.007/CRD/008
Government of India
Central Vigilance Commission
*****
Satarkata Bhawan, Block ‘A’,
GPO Complex, INA,
New Delhi- 110 023
Dated the 15th February 2008

Circular No. 07/02/08

Subject: – Measures to curb the menace of counterfeit and refurbished IT products -

regarding.

With the increasing use of IT to leverage technology, a large number of Government

organizations are either upgrading or in the process of procurement of new computer
hardware and software. It is often difficult to know the difference between PC made of
“Genuine Parts” and that made of “Counterfeit Parts”. It may also be the case often that
while various organisations order and pay for brand new equipment, they end up getting an
inferior PC with counterfeit and second hand/refurbished parts disguised as new in new/
original cabinets to various customers designated as consignees by the ordering agencies at
the headquarters of these organizations who are ignorant or have little or no technical
knowledge in the matter.

In effect, this amounts to the organisation not getting what they actually ordered and paid
for. The supplies of such PC in the long run would defeat the very purpose of going for a
new system. COUNTERFEITING is designed to cheat naive consumers/organizations.

This current circular is intended to help/ inform and enable due diligence as well as curbing
the menace of counterfeit and refurbished IT products disguised as new.

As a first step, there is a need for all buyers in the Government Departments/ PSU to insist
on a signed undertaking (sample format enclosed) from some authority not lower than the
Company Secretary of the system OEM that would certify that all the components/ parts/
assembly/ software used in the Desktops and Servers like Hard disk, Monitors, Memory etc
were original/ new components/parts/assembly/software, and that no
refurbished/duplicate/ second hand components /parts / assembly /software were being
used or would be used, so that the buying organizations were not cheated and get the
original equipments as ordered by them. Also one could ask for ‘Factory Sealed Boxes’ with
System OEM seal to ensure that the contents have not been changed en route.

Following advisory checkpoints it is hoped shall help identify the fraudulent practices that
have come to notice and help guard against spurious and refurbished/duplicate/ second
hand components/parts/ assembly / software being received by purchasers and consignees
who receive such goods and may not have much technical knowledge.

1. CPU. Buyers are cautioned against buying IT Hardware with remarked CPUs that
are freely / readily available in the market today. Entry Level processors get Remarked /

254
Over clocked and sold as high end processors. These CPUs, come disguised as higher clock
speed processors (e.g. a Celeron CPU can be remarked as a P4 CPU) while their real clock
speed may be lower. Since Operating System is loaded from CD bundled with Motherboard,
the CD contains image of configured OS. Hence information as seen in ‘My Computer’ –
‘System Properties’ shall give deceptive information. In other words, a Celeron CPU
remarked as a P4 CPU, shall be seen as a P4 CPU only.

Buyers should therefore, use various tool / utilities like the ‘CPU-Z’ Utility or the ‘sSpecNo.’
for ascertaining the real parameters of the CPU. Utility like CPU-Z (appox. 1.3 MB size) are
available free on the web.

2. Hard Disk IT Hardware with refurbished Hard Disks that are actually 2nd hand /
repaired hard disks are readily available at low cost. In hard disk drives, the factory repaired
hard disk drives, which are mainly used in the warranty replacements are substituted in the
new machines. Same is the case observed with floppy drive and Optical disk drives many
times.

Most of the competent hard disk makers use a sticker on such hard disks sold by them that
clearly distinguishes such hard disks from the fresh ones. For example, manufacturer
‘Seagate’ marks Green Border and label of “Certified Repaired HDD” to distinguish such
disk drives from New Genuine HDD. There is No border or Refurbished label on genuine
new HDD.

In addition to this, buyers may also use HDTUNE_210 Utility. This utility shall return Hard
Disk Manufacturers’ Serial no. and Date of manufacturing of the Hard Disk. These
parameters can be used to cross-verify with the hard disk vendor. Various Hard Disk
vendors also put a date code on the hard disk. A mismatch between this date and the one
returned by HDTUNE_210 Utility can also be viewed as tampering with the actual
information of the hard disk.

3. Monitors. IT Hardware with refurbished Monitors that are actually 2nd hand /
repaired monitors are given a “new look” by changing the body, with internal components
remaining “old / repaired”. These CRT monitors are usually discarded from developed
countries like US and Europe. There are also B Grade (New but Low Quality) CRT Monitors
used in place of new monitors. Many times these can be distinguished by opening the
cabinet body and noticing that the label on the tube does not carry various certifications and
there are scratch marks on the tube. While ‘Genuine’ Picture Tubes have all mandatory
Certifications, ‘Counterfeit’ Picture Tubes would not have these certifications. Certification
gives an assurance of Reliability.

Further many such cathode ray tubes (Picture Tubes) are found to need extra magnets to
achieve focusing and earthing also is missing. Genuine Monitors rely on ‘Yoke Coil’ alone to
focus electronic beam. Counterfeit Monitors typically require Numerous Magnetic Strips in
addition to Yoke Coil to focus electronic beam. Further, ‘Earthing’ and ‘Shielding’ provide
ESD (Electro Static Discharge) protection. Genuine Picture Tubes have proper “Earthing
and Shielding”. Earthing and Shielding is compromised in counterfeit Picture Tubes to
reduce cost.

In ‘B’ Grade LCD Monitors, panels used are B grade in which the number of spots may be
higher, response time & brightness of lower specs than what is stated.

Above monitors are all available at low cost.

255
The “Signed Undertaking” as suggested shall serve as a deterrent and as a safeguard to
ensure that bidders are not fleecing them by supplying such monitors.

4. Operating System. Purchasers should check the IT Hardware supplied (randomly

selected IT Hardware) for Certificate of Authenticity (COA) pasted on the PC for product
serial number and OEM’s / Supplier’s name to be printed on it.
In Operating systems, pirated OS software with fake Certificates of Authenticity are used by
some suppliers to cut costs. They look as good as the real ones. In PCs, counterfeiters buy
legitimate software and copy the box design and packaging. Using sophisticated and
expensive copiers, many copies of illegal CDs are created in a day. Purchasers should guard
against buying IT Hardware with pirated copies of Operating Systems. Such Operating
Systems, though, available at low prices, do not have the updated patches and security
features that help safeguarding the PC and also improve its lifespan. Purchasers, therefore,
may use the standard testing procedures (randomly on randomly selected IT Hardware)
available on the following URL fo ascertaining the in authenticity of the operating system
installed on their PC :
http://www.microsoft.com/resources/howtotell/ww/windows/default.mspx
Microsoft provides an inbuilt tool to diagnose the “Genuineness of its Operating System”.
One could go to ‘My Documents’, and ‘Help’, from where one shall get step by step
instructions to find out whether the windows installed is genuine.
http:// www.microsoft.com/resources/howtotell/ww/windows/default.mspx
5. Mechanical Keyboards: Fake mechanical keyboards that are partially mechanical,
with only the key plunger being that of a real mechanical keyboard and rest of the keyboard
features remaining the same as those of membrane keyboard are being passed on as true
mechanical keyboards. While these keyboards are available at low prices, they do not offer
the robustness and long key-stroke life expected of a real mechanical keyboard. Real
Mechanical Keyboards are expected to have Keystroke life of 50 Million as against 10 million
for Membrane and Semi- Mechanical Keyboards. In case of bulk orders, it is recommended
to physically examine a few keyboards for their construct to ascertain the genuineness of
their being real mechanical keyboards.
6. Low Quality Memory Module – Memory chips are remarked or downgraded wafers
are plastic packed under unknown brands or remarked with names of wellknown brands.
Such memory modules have lower performance levels. It is better to go in for proven
reputed brands such as Kingston, Transcend, Corsair, Samsung and Hynix to name a few
available in the market.
7. Fraudulently Marked SMPS – In power supplies, wrong marking of the wattage is
done. The power supplies do not carry all required certifications. While ‘Genuine’ Power
supplies carry all mandatory certifications, in counterfeit Power supplies these certifications
shall be found missing. Further Short circuit & over voltage protection circuitry could be
missing in counterfeit Power Supply to reduce cost.
8. Counterfeited Consumables – Counterfeited consumables such as printer cartridges
etc are used which are refilled with ink of poor quality leading to poor performance and
clogging, smudging in printers etc. It is advisable to buy such consumables from OEM
authorized suppliers or distributors to ensure quality and longevity of the printer
equipment.
Sd/-
(V. Ramachandran)
Chief Technical Examiner
Central Vigilance Commission

256
All Chief Vigilance Officers in the Ministries/Departments/PSEs/ Public
Sector Banks/Insurance Companies/ Autonomous Organisations/Societies
Annexure: Model Undertaking of Authenticity form

Sub: Undertaking of Authenticity for Desktops and Server Supplies

Sub: Supply of IT Hardware/Software -- Desktops and Servers

Ref : 1. Your Purchase Order No. ------------dated-------.
2. Our invoice no/Quotation no. -------dated--------.

With reference to the Desktops and Servers being supplied /quoted to you vide our invoice
no/quotation no/order no. Cited above,----

We hereby undertake that all the components/parts/assembly/software used in the

Desktops and Servers under the above like Hard disk, Monitors, Memory etc shall be
original new Components/parts/ assembly /software only, from respective OEMs of the
products and that no refurbished/duplicate/ second hand components/parts/ assembly /
software are being used or shall be used.

We also undertake that in respect of licensed operating system if asked for by you in the
purchase order, the same shall be supplied along with the authorised license certificate (eg
Product Keys on Certification of Authenticity in case of Microsoft Windows Operating
System) and also that it shall be sourced from the authorised source (eg Authorised
Microsoft Channel in case of Microsoft Operating System).

Should you require, we hereby undertake to produce the certificate from our OEM supplier
in support of above undertaking at the time of delivery/installation. It will be our
responsibility to produce such letters from our OEM supplier’s at the time of delivery or
within a reasonable time.

In case of default and we are unable to comply with above at the time of delivery or during
installation, for the IT Hardware/Software already billed, we agree to take back the
Desktops and Servers without demur, if already supplied and return the money if any paid
to us by you in this regard.

We (system OEM name) also take full responsibility of both Parts & Service SLA as per the
content even if there is any defect by our authorized Service Centre/ Reseller/SI etc.

Authorised Signatory

Name:
Designation
Place
Date

257
 Appendix-10

No.008 /CRD/008
Government of India
Central Vigilance Commission
*****
Satarkata Bhawan, Block ‘A’,
GPO Complex, INA,
New Delhi- 110 023
Dated the 24th July 2008
Circular No. 22/07/08

Sub: – Referring cases of Procurement to the Commission.

The Commission has noted a significant rise in the number of references made to it
involving procurement at different stages. These relate to specific cases and are not generic
in nature. Essentially they belong to the domain of managerial decision making and the
matter needs to be decided at that level.

The Central Vigilance Commission and its Chief Vigilance Officers, as a matter of
policy do not interfere in the process of decision making, which is a management function of
the respective organization.

The Commission has issued various circulars/guidelines /instructions in order to

promote transparency, improve competition and ensure equity among participants.
However, if any organization faces difficulty in the application of any of the
circulars/guidelines/instructions issued by the Commission, then it may approach the
Commission bringing out the difficulties along with a proposed generic solution listing out
the ingredients of the special circumstances for examination and review by the Commission.
References of a general nature having elements of managerial decision making and
concerning a particular procurement should be avoided.

(V. Ramachandran)
Chief Technical Examiner
Central Vigilance Commission

All Chief Vigilance Officers in the Ministries/Departments/PSEs/ Public Sector

Banks/Insurance Companies/ Autonomous Organisations/Societies

258
 Appendix-11

No.008/VGL/083
Government of India
Central Vigilance Commission
*****
Satarkata Shawan, Block 'A',
GPO Complex, INA,
New Delhi- 110 023
Dated the 6th November 2008

Circular No.31/11/08

Subject: Time bound processing of procurement.

The Commission has observed that at times the processing of tenders is inordinately
delayed which may result in time and cost overruns and also invite criticism from the Trade
Sector. It is, therefore, essential that tenders are finalized and contracts are awarded in a time
bound manner within original validity of the tender, without seeking further extension of
validity. While a short validity period calls for prompt finalization by observing specific
time-line for processing, a longer validity period has the disadvantage of vendors loading
their offers in anticipation of likely increase in costs during the period. Hence, it is important
to fix the period of validity with utmost care.

2. The Commission would, therefore, advise the organizations concerned to fix a

reasonable time for the bids to remain valid while issuing tender enquiries, keeping in view
the complexity of the tender, time required for processing the tender and seeking the
approval of the Competent Authority, etc., and to ensure the finalization of tender within
the stipulated original validity. Any delay, which is not due to unforeseen circumstances,
should be viewed seriously and prompt action should be initiated against those found
responsible for non-performance.

3. Cases requiring extension of validity should be rare. And in the exceptional

situations where the validity period is sought to be extended, it should be imperative to
bring on record in real time, valid and logical grounds, justifying extension of the said
validity.

4. These instructions may please be noted for immediate compliance.

Sd/-
(Shalini Darbari)
Director

All Chief Vigilance Officers

259
 Appendix-12

No.005/VGL/4
Government of India
Central Vigilance Commission
*****
Satarkata Bhawan, Block ‘A’,
GPO Complex, INA,
New Delhi- 110 023
Dated the 14th July, 2009

CIRCULAR No. 17/7/09

Subject: Posting of details on award of tenders/contracts on websites.

The Commission vide circulars dated 16.03.2005, 28.07.2005 and 18.04.2007 had
directed all organisations to post on their web-sites a summary, every month, containing
details of all the contracts/purchases made above a threshold value (to be fixed by the
organisations) covering atleast 60% of the value of the transactions every month to start with
on a continuous basis. CVOs were required to monitor the progress and ensure that the
requisite details were posted regularly on respective websites, and also to incorporate
compliance status in their monthly report to the Commission.

2. On a review of the status of implementation by the organisations, it is observed that

some organisations have not adhered to the instructions and implemented the same.
Further, such information being posted on the websites are not being regularly updated on a
continuous basis by certain organizations and, in some cases, the information published is
disjointed and not as per the prescribed format laid down by the Commission. It is also seen
that a few organisations have placed such information on restricted access through
passwords to registered vendors/suppliers etc. which defeats the basic purpose of
increasing transparency in administration.

3. The Commission, therefore, while reiterating its aforementioned instructions would

direct all organisations/departments to strictly adhere and post summary of details of
contracts/purchases awarded so as to cover 75% of the value of the transactions without any
further delay. Any failure on the part of the organisations on this account would be viewed
seriously by the Commission.

4. All Chief Vigilance Officers should reflect the compliance status in their monthly
reports to the Commission after personally verifying the same.

Sd/-
(Shalini Darbari)
Director
To

All Secretaries of Ministries/Departments

All CEOs /Heads of Organisations
All Chief Vigilance Officers

260
 Appendix-13

No.011/VGL/014
GOVERNMENT OF INDIA
CENTRAL VIGILANCE COMMISSION
*****

Satarkata Bhawan, GPO Complex,

Block A, INA, New Delhi 110 023
Dated 11th February, 2011

Circular No. 01/02/11

Sub: Transparency in Tendering System

There have been instances where the equipment/plant to be procured is of complex nature
and the procuring organization may not possess the full knowledge of the various technical
solutions available in the market to meet the desired objectives of a transparent procurement
that ensures value for money spent simultaneously ensuring upgradation of technology &
capacity building.

2. The Commission advises that in such procurement cases where technical

specifications need to be iterated more than once, it would be prudent to invite expression of
interest and proceed to finalise specifications based on technical discussions/presentations
with the experienced manufacturers/suppliers in a transparent manner. In such cases, two
stage tendering process may be useful and be preferred. During the first stage of tendering,
acceptable technical solutions can be evaluated after calling for the Expression of Interest
(EOI) from the leading experienced and knowledgeable manufacturers/suppliers in the field
of the proposed procurement. The broad objectives, constraints, etc. could be published
while calling for EOI. On receipt of the Expressions of Interest, technical
discussions/presentations may be held with the short-listed manufacturers/suppliers, who
are prima facie considered technically and financially capable of supplying the material or
executing the proposed work. During these technical discussions stage the procurement
agency may also add those other stakeholders in the discussions who could add value to the
decision making on the various technical aspects and evaluation criteria. Based on the
discussions/presentations so held, one or more acceptable technical solutions could be
decided upon laying down detailed technical specifications for each acceptable technical
solution, quality bench marks, warranty requirements, delivery milestones, etc., in a manner
that is consistent with the objectives of the transparent procurement. At the same time care
should be taken to make the specifications generic in nature so as to provide equitable
opportunities to the prospective bidders. Proper record of discussions/presentations and
the process of decision making should be kept.

261
3. Once the technical specifications and evaluation criteria are finalized, the second
stage of tendering could consist of calling for techno commercial bids as per the usual
tendering system under single bid or two bid system, as per the requirement of each case.
Final selection at this stage would depend upon the quoted financial bids and the evaluation
matrix decided upon.

4. Commission desires that organizations formulate specific guidelines and circulate

the same to all concerned before going ahead with such procurements.

Sd/-
(Anil Singhal)
Chief Technical Examiner
To

All Secretaries of Ministries/Departments

All CEOs/Heads of Organisations
All Chief Vigilance Officers

262
 APPENDIX


RELEVANT CIRCULARS/ORDERS OF THE
CENTRAL VIGILANCE COMMISSION