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2. Government of India, Ministry of Finance, Department, of Economic Affairs, Security Paper Mill, Hoshangabad floated global tender for supply of 40 M.Ts. of Polyster Base Vacuum Metaliaed Security Thread with negative dematalised transparent letters, fluoresceing blue on both sides under Ultra Violet light with firm bonding used in manufacturing Bank Note paper from manufacturers having in-house facility for the same or their authorised dealers. Notice inviting the tenders was published in the Times of India on 12-4-1999. Tenders were required to be submitted by 10'OClock on 23-6-1999 in the office of the General Manager, Security Paper Mill, Hoshangabad, Tenders were to be opened at 4'Clock in the evening the same day i.e. 23-6-1999 in the presence of tenderers/authorized representatives. As per the terms of the tender notice the technical tender, commercial tender and the price bids is to be submitted in the sealed covers as per the procedure. Technical part and part second XXX commercial part was to be opened at 16th hours on 26-6-1999 and commercially acceptable tender was to be opened on one month after on 26-7-1999 at 16th hours at Securty Paper Mill after completing valuation of technical and commercial tender in the presence of tenderers or their authorized representatives whose technical and commercial tenders have been found acceptable and have been informed accordingly. The relevant terms and conditions of the tender contained in Section IV, Clause 1.3 provides the tenderers to submit the tender based strictly on the terms and conditions and specification contained in the tender document and not to stipulate any deviations. Security Paper Mill, Hoshangabad also reserved the right to reject/accept the tender containing deviation to the terms and conditions and requirements stipulated in the tender document. As per Clause 1.13 the tenderers shall satisfy the purchasers that he possesses the necessary experience and qualification and that he has at his disposal suitable modern facilities and specialised employees to ensure that his work is of best quality and workmanship, according to the latest technology and engineering practices. The tenderer shall satisfy the purchaser that he is financially in a position to fulfil contractual obligations offered to be undertaken by him. Section IV, Clause 7 requires tenderers who are in a position to supply may send about one Kg. sample wound on spools on or before the due date specified. The quantity required was 40 MTs. As per Clause 8 of Section IV of the tender document the exact quantity may vary at the time of placement of order. Besides Govt. of India reserved the right to place an option order for 50% of the quantity of the final order on the same terms, condition and rate. The completion time as per para 12 of Section IV is essential. The completion time is the essence of the contract. The tenderers shall complete the supply of Securty Thread within the period of 16 months from the date of issue of Letter of Intant. It was not necessary for the Government to accept the lowest tender as per the Clause 19 contained in Section IV and a tender evaluation is provided under Clause 22 of Section IV to ascertain the best and lowest evaluated tender in the interest of the purchaser, for the complete supply covered under the Technical specifications and documents. As per Section V of the tender document which contains terms and conditions, Clause 2.1 mentions that it was not necessary to accept the lowest or any tender and right has been reserved of accepting the whole or any part of the tender or portion of the quantity offered by the Supplier and supplier shall supply the same at the rate quoted. The delivery was to commence within four weeks from the date of opening of L.C./ Letter of Intent and supplies to be completed within the specified delivery period of 16 months. Phased delivery schedule with maximum possible quantity per month to be quoted by the tenders. The tentative delivery schedule was fixed 3 MTs per month for a period of eight months and thereafter 2 MTs per month till full quantity is supplied. However, as already noticed that the exact quantity may have varied at the time of placement of order as per Clause 8.1 contained in Section IV, the liquidated damages and and risk purchase clause are also contained in clauses 16 and 17 of Section V and it also contains other usual terms and conditions.

"12. COMPLETION TIME :
The completion time is the essence of the contract. The tenderers shall complete the supply of Security thread within the period of 16 (Sixteen) months from the date of issue of Letter of Intent. (Refer para 3 of Section V Terms & Conditions)."
"22. TENDER EVALUATION :
The tenders received and accepted will be evaluated to ascertain the best and lowest evaluated tender in the interest of the purchaser, for the complete supply covered under the Technical specifications and documents."

"24. COMPARISON OF TENDER :

24.2 Technical, Commercial and Price evaluation of tenders as well as evaluation of financial packages offered by the tenderers shall be the basis for award of the contract."
24. Section V of the tender document contained terms and conditions. Condition No. 3 provides delivery schedule of the supply. Clause 3.1 contains tentative delivery schedule which reads thus :
3.1 TENTATIVE DELIVERY SCHEDULE:
01 MTs per month for a period of Eight months & thereafter.
7. PRE-PRODUCTION SAMPLE :
Tenderers who are in a position to supply may send about one kg. sample wound on our spools on or before the due date specified above. Two Spools are being supplied along with tender documents.

44. In this context our attention is also drawn to Clause 19 contained in Section IV of the tender document that Lowest Tender was not necessary to be accepted. Clause 22 provides the tenders received and accepted will be evaluated to ascertain the best and lowest evaluated tender in the interest of the purchaser, for the complete supply covered under the Technical specification and document.