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Tele : 23794943 Govt of India

E-mail : diros.gs-oscc@nic.in Dte Gen of Ord Services


Master Gen of Ord Branch
Integrated Headquarters MoD (Army)
Procurement Division, CP Cell
Room No 101, D-II Wing, Sena Bhawan
New Delhi-110011

A/26979/CP Cell/OS-PIII/UN MSN/T-Shirt/RC 13 Mar 2020

INVITATION OF BIDS IN TWO BID SYSTEM FOR SUPPLY OF ITEM CAT PART NO
NIV T-SHIRT SPORTS (WHITE) THROUGH RATE CONTRACT

1. The online Bids under Advertised Tender Enquiry (TWO BID SYS) are invited by the
Dte Gen of Ord Services for and on behalf of the President of India for entering into Rate
Contract of items listed in Part II of this RFP. The Tender No A/26979/CP Cell/OS-PIII/UN
MSN/T-Shirt/RC can be viewed at www.defprocure.gov.in .

2. The address and contact numbers for sending Bids or seeking clarifications regarding
this RFP are given below:-

(a) Bids queries to be addressed to Directorate General of Ordnance


Services, Master Gen of Ord Branch,
Integrated Headquarters of MoD (Army),
Room No 101, D-II Wing, Sena Bhawan
New Delhi-110011.
(b) Postal address for sending Original -do-
documents (EMD, etc) as specified
in clause part -1 of RFP
(c) Name/designation of the contact Brig OS (GS&C)
personnel Phone No – 011- 23794932

(d) e-mail IDs of contact personnel diros.gs-oscc@nic.in

3. This RFP is divided into five Parts as follows:-

(a) Part I. Contains General Information and Instructions for the Bidders about the
RFP such as the time, place of submission and opening of tenders, Validity period of
tenders, etc.
(b) Part II. Contains essential details of the items/services required, such as the
Schedule of Requirements (SOR), Technical Specifications, Delivery Period, Mode of
Delivery and Consignee details.
(c) Part III. Contains Standard Conditions of RFP, which will form part of the
Contract with the successful Bidder.

(d) Part IV. Contains Special Conditions applicable to this RFP and which will also
form part of the contract with the successful Bidder.
(e) Part V. Contains Evaluation Criteria and Format for Price Bids.

4. This RFP is being issued with no financial commitment and the Buyer reserves the right
to change or vary any part thereof at any stage. Buyer also reserves the right to withdraw the
RFP, should it become necessary at any stage.
5. Please note the following:-

(a) Your quotation must indicate unconditional acceptance of all terms and
conditions of this RFP, failing which it is liable to be rejected. You, may, however
indicate desired terms and conditions which may be accepted/rejected at the sole
discretion of the buyer. Certificate with respect to unconditional acceptance must be put
in Tech Bid.
(b) As per RBI, PAD New Delhi ruling, Govt. Departments maintaining accounts with
PAD, New Delhi are to switch over to electronic mode for making payment to vendors
and others. Hence details will be submitted as per page 2 Part 1 para 2 (b) (iv).

6. This RFP can be downloaded from www.defprocure.gov.in.


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PART I – GENERAL INFORMATION
1. Critical Dates. The critical dates with respect to the Tender No A/26979/CP Cell/OS-
PIII/UN MSN/T-Shirt/RC are as follows:-

CRITICAL DATE SHEET


Ser Item Date Time
No
(a) Published Date 13 Mar 2020 1700 hrs
(b) Bid Document Download 13 Mar 2020 1700 hrs
(c) Clarification Start Date 13 Mar 2020 1700 hrs
(d) Pre bid meeting 24 Mar 2020 1100 hrs
(e) Bid Submission Start 13 Mar 2020 1700 hrs
(f) Clarification End Date 18 Mar 2020 1000 hrs
(g) Bid Submission End 15 Apr 2020 1230 hrs
(h) Bid Opening start 16 Apr 2020 1230 hrs

2. Manner of Depositing the Bids. The bids will be submitted in the following manner:-

(a) Physical Documents. The original EMD instrument, as per Para 12 below shall
be submitted physically prior to bid submission closing date in an envelope duly marked
with Tender ID along with a covering letter under company letter head. In case EMD is
exempted, necessary proof of the exemption be submitted online.
(b) E-Bid Cover- 1 (online). Cover- 1 will contain the Technical Bids consisting of
following in a single PDF file:-
(i) Regd Firms. Firms which are regd with DGQA/DRDO and Micro and
Small Enterprises registered with District Industries Centre (DIC) or Khadi &
Village Industries Commission (KVIC) or Khadi & Industries Board (KVIB) or Coir
Board or National Small Industries Commission (NSIC) or Directorate of
Handicrafts and Handlooms or Udyog Aadhar Memorandum or any other body
specified by Ministry of MSME under the Public Procurement Policy or any other
Central Purchase Organization for the similar product to submit scanned copy of
proof of valid Registration. This regn are valid for exemption of EMD only.
.

(ii) PAN No & GST Regn No. Scanned copy of PAN No, GSTIN Regn
certificate will be uploaded. Vendor will also mention HSN Code and the GST
rates applicable on a separate page alongwith the supporting documents.
(iii) Bank Certificate of Worthiness. Bank certificate of credit worthiness
from principal Nationalised Bank are reqd to be uploaded with tech bid.
(iv) Bank details. Following bank details will be uploaded on a separate
page:-
(aa) EFT Account No.
(ab) Particulars of Bank and A/c No.
(ac) IFSC Code.
(ad) Any other relevant information for making payment through EFT
(upload).
(v) Tender Conditions Acceptance Certificate. The bidder will submit
unconditional acceptance of all the tender conditions of the online RFP and
furnish a certificate as per Appx ‘A’. The certificate duly signed and stamped by
proprietor shall be scanned and uploaded. In case of any deviations, the bid shall
be rejected. If the certificate is signed by legally authorised signatory, a copy of
the authorization letter be enclosed/uploaded.
(vi) Compliance of Specifications. The bidder will submit Clause by clause
compliance of specifications certificates as mentioned in Para 2 (a) Part II of the
RFP as per Appx ‘B’.

(vii) Undertaking on Blacklisting. The bidder will furnish an undertaking duly


signed and stamped stating that:-
“We, M/s……… certify that the firm has not been blacklisted or banned by any
Govt Deptt on any account”.
OR
“We, M/s ……….. have been blacklisted/banned by the …….. (Name of agency
/Deptt) as per following details:-
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(viii) Details of Firm.

(aa) Full postal address of the firm.


(ab) E-mail ID.
(ac) Details of authorized person along with their details i.e. Name of
person, designation (Proprietor, director or partner) and specimen
signature.

(ix) Valid Tele Numbers of the firm and details of auth representative with
designation will be fwd on a separate page.
(x) Certificate duly signed by bidder declaring that if they withdraw or modify
their bid during the period of validity, or if they are awarded the contract and they
fail to sign the contract or fail to submit PBG before the deadline defined, they will
be suspended for the period of time not less than one year for being eligible to
submit bids for contract with the buyer.

(xi) Financial Standing (Under all Conditions).


(aa) The average annual financial turnover of the bidder during last
three years ending 31 Mar 2019 should not be below Rs 20 Lakh as
per annual report. Accordingly, the bidder is reqd to enclose the
audited balance sheet and profit and loss certificate of last three
completed financial year duly countersigned by chartered accountant.
(ab) The bidder is also required to enclose a certificate stating that they
have not suffered any financial cash loss more than one year during the
last three years ending on 31 Mar 2019.

(c) E-Bid Cover- II (ONLINE). Commercial bid packet will be submitted as Cover II
and will consist of following and will be submitted online:-
(i) Commercial bid in the form of “BOQ” (Bill of Quantities).
(ii) Scanned copy of “Additional Charges/ Discounts” containing details of items
with Financial implications on the bid. The format of the same is att as Appx ‘C’.

(iii) If a firm quotes NIL charges/consideration, the bid shall be treated as


unresponsive and will not be considered. Incorrect entry in BOQ will also render
the bids invalid.

(d) Address for Despatch of Physical Documents . All physical documents will
be forwarded/dropped in the Tender Box, placed at Gate No - 1, behind Guard Post,
Sena Bhawan, New Delhi - 110011 on or before tender opening date duly addressed to
Directorate General of Ordnance Services, Master General of Ordnance Branch,
Integrated Headquarters MoD (Army), CP cell, Room No. 107, D-II Wing, Sena
Bhawan, New Delhi -110 011.
(e) Submission of physical & online documents as specified in RFP are mandatory.
3. Forwarding of Bids.
(a) Submission of Original Physical Documents . The documents specified in
Para 2 above to be submitted well before opening of technical bids online.

Date & time of submission of original physical On or before bid submission


documents. closing date i.e 15 Apr 2020
at 1230 Hrs

Date & time of opening of technical bids online.


16 Apr 2020 at 1230 Hrs

(b) The TECHNICAL and COMMERCIAL bid will be submitted “Online Only”
(c) The TECHNICAL BID and the COMMERCIAL BID should be submitted by the
bidder duly digitally signed by the legal owner of the firm or the person auth by him to do
so.
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(d) Instructions for Online Bid Submission/ Instructions to the Bidders to submit
the bids online through the Central Public Procurement Portal for e Procurement are
available at https://defprocure.gov.in/. Brief of Instructions are also att as Appx ‘D’.
4. Time and Date for Opening of Bids. 16 Mar 2020 at 1230 Hrs.
Note. If due to any exigency, the due date for opening of the Bids is declared a closed
holiday, the Bids will be opened on the next working day at the same time or on any
other day/time, as intimated by the Buyer.
5. Opening of Two Bid System.

(a) The Technical Bids shall be opened as per critical date sheet mentioned in
this tender document. The evaluation of Technical Bid will be carried out off-line and
the results of the evaluation will be uploaded on the Central Public Procurement Portal
(https://defprocure.gov.in/).

(b) The Commercial Bids of only those Bidders whose Technical Bids meet all the
stipulated (Technical) requirements shall be opened. The date of opening will be
intimated to the Bidders through Central Public Procurement Portal
(https://defprocure.gov.in/).

6. Clarification Regarding Contents of the RFP. A prospective bidder who requires


clarification regarding the contents of the bidding documents shall notify to the Buyer in writing
about the clarifications sought not later than 14 (fourteen) days prior to the date of opening of
the Bids. Copies of the query and clarification by the purchaser will be uploaded as
corrigendum for all prospective bidders who have received the bidding documents.

7. Modification and Withdrawal of Bids.


(a) The Bidder may modify (resubmit) his bid after submission, as per the provisions
available of the portal. No bid shall be modified after the deadline for submission of bids.

(b) If bidder desires to withdraw before bid submission closing date/time, he may do
so online in the portal and offline EMD would be refunded. Once bidder withdraws
online, he cannot participate again in this tender.

(c) Bids will not be allowed to be withdrawn in the interval between the deadline
for submission of bids and expiry of the period of the specified bid validity.
Withdrawal of a bid during this period will result in forfeiture of Bidder’s Bid Security/
EMD.
8. Clarification Regarding Contents of the Bids. The detailed instructions for bidders are
attached as to this RFP. During evaluation and comparison of bids, the Buyer may, at its
discretion, ask the bidder for clarification of his bid. The request for clarification will be given in
writing and no change in prices or substance of the bid will be sought, offered or permitted.

9. Rejection of Bids. Canvassing by the Bidder in any form, unsolicited letter, wilful
default, forwarding of fake/forged documents in instant case or any other case with any
Government Department, Poor performance of firm, post-tender correction may invoke
summary rejection with forfeiture of EMD. Conditional Bids will not be accepted.

10. Unwillingness to Quote. Bidders unwilling to quote should ensure that intimation to
this effect reaches before the due date and time of opening of the Bid, failing which the
defaulting Bidder may be delisted for the given range of items as mentioned in this RFP.

11. Validity of Bids. The Bids should remain valid till 14 Apr 2021 (i.e. for a period of 365
days) from the last date of submission of the Bids.

12. Earnest Money Deposit (EMD).


(a) Bidders are required to submit EMD for a sum of Rs 2,00,000/- (Rupees
Two Lakh Only) in favour of PCDA, New Delhi. The EMD may be submitted in the
form of an Fixed Deposit Receipt or Bank Guarantee (BG) from any of the public sector
banks or a private sector bank authorized to conduct government business as per Form
DPM-13 (att as Appx ‘E’).
(b) EMD is to remain valid for a period of forty-five days beyond the final bid validity
period i.e. 28 May 2021. EMD of the unsuccessful bidders will be returned to them at the
earliest after expiry of the final bid validity and latest on or before the 30 th day after the
award of the contract.
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(c) The Bid Security of the successful bidder would be returned, without any interest
whatsoever, after the receipt of Performance Security from them as called for in the
contract. EMD submitted by firm will be accepted only after verification from issuing
authority.
(d) EMD is not required to be submitted by those Bidders who are registered for
same item/range of products/goods or services with the Central Purchase Organization
or Micro and Small Enterprises registered with District Industries Centre (DIC) or Khadi
& Village Industries Commission (KVIC) or Khadi & Industries Board (KVIB) or Coir
Board or National Small Industries Commission (NSIC) or Directorate of Handicrafts and
Handlooms or Udyog Aadhar Memorandum or any other body specified by Ministry of
MSME under the Public Procurement Policy or Concerned Departments or Ministries of
the Govt of India. Medium Enterprises can not avail the benefits of the Public
Procurement Policy order 2012 by Ministry of MSME. In case EMD is exempted
necessary proof of exemption be submitted on-line duly scanned.
(e) The EMD will be forfeited if the bidder withdraws or amends impairs or derogates
from the tender in any respect within the validity period of the tender.

13. Prequalification Criteria. The bidder should be OEM/OES accordingly necessary


documentary proof will be attached with Tech documents and uploaded duly scanned.

14. Amendments/Extension of Tender Opening Date. Situation may arise necessitating


modification/amendment in tender documents already published/issued or after receiving the
tender documents, a tender may point out some genuine mistakes necessitating amendments
in the tender documents. In such cases, necessary amendments/ modification will be made by
means of corrigendum prior to the date of bid opening.
15. Cartel Formation/Pool Rates/Bid Rigging/Collusive Bidding etc . As per Para 8.1.13
of Manual for Procurement of Goods 2017, quoting of pool rates/cartel formation, bid
rigging/collusive bidding is against the basic principle of competitive bidding and defeats the
very purpose of open and competitive tendering system. Such practices will be severely
discouraged with strong measures. Suitable administrative action like rejection the offers,
reporting the matter to Competition Commission of India, registering authority e.g.
DGQA/NSIC/GeM etc. will be initiated against such firms, on case to case basis, as decided by
the competent authority. Ministries/Departments will also bring such unhealthy practice to the
notice of the concerned trade association like FICCI, ASSOCHAM, 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 to break the monopolistic attitude of the
firms giving pool rate/forming cartel. Purchase may also debar the tenders indulging in cartel
formation/collusive bidding/bid rigging for a period of two years form participation in the tenders
of the purchaser.
16. Submission of online and physical documents as specified in the RFP are mandatory.
Non submission of any mandatory documents as mentioned in the RFP will render the bid as
invalid and the bidder may be declared as RFP non-compliant.

Yours faithfully,

Lt Col
GSO-1 (OS-PIII)
For and on behalf of the President of India
Copy to :-

1. Commandant COD Delhi.

2. OD Shakurbasti/ Composite Gp

3. The Pr IFA (Army-O) Room No 109, ‘H’ Block, New Delhi

4. SD-3B (UN Lgs) New Delhi.


* You are requested to go through the tender enquiry (TE)/RFP & if there are any
discrepancies, the same may please be intimated to this office for early amendment. If no
response is received within a week, then it will be presumed that the TE is in order.
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Part II – Essential Details of Items/Services required
1. Schedule of Requirements. List of items / services required is as follows:
(a) Item Cat Part No : NIV
(b) Description of Item : T-Shirt Sports (White)
(c) Accounting Unit : Nos

2. Technical details along-with technical parameters.


(a Specifications/drawings, as applicable The details of specification
) enclosed as Appx ‘F’ to this RFP.

(b Technical details with technical parameters Not Applicable


)
(c Requirement of training/on-job training Not Applicable
)
(d Requirement of installation/commissioning Not Applicable
)
(e Requirement of Factory Acceptance Trials Not Applicable
) (FAT), Harbor Acceptance Trails (HAT) and
Sea Acceptance Trials (SAT)
(f) Requirement of Technical documentation As per relevant specification.
(g Nature of assistance required after Not Applicable
) completion of warranty
(h Requirement of pre-site/equipment As per relevant clause
) inspection
(j) Any other details, as considered necessary Packing & Marking:- As per
relevant clause of specification.
3. Evaluation Sample.

(i) Qty 05 (Five) Evaluation samples on No Cost No Commitment Basis will be


deposited by the vendors with CP Cell, OS Dte, D-II Wing, Sena Bhawan, New Delhi.
The proof of depositing these samples will be uploaded duly scanned alongwith
submission of other documents online mentioned in part I, Para 2 of the RFP.

(ii) Evaluation of tender sample will be carried out as under:-

(a) TEC-I. TEC-I will scrutinize the tech docus submitted by the firms to
ascertain the compliance. Sample of RFP compliant firms will be codified by
an independent BOO for further submission to NABL lab.

(b) Lab Evaluation. Codified sample will be sent to NABL accredited lab
for evaluation of tech parameter as per the specification. The cost of test will be
borne by vendor. The demand draft for an amt of Rs 12,759.00 (Incl Taxes) be
made in the name of Textile Committee which will be deposited at CP Cell,
OS(GS&C) alongwith the samples, to meet the cost of testing.

(c) TEC-II. TEC-II will scrutinize the approved samples from NABL lab for
further evaluation/matching with the depot sealed sample for feel, Makeup, finish,
shape and workmanship etc and declare them as RFP compliant/non-compliant.
Sample failed during lab evaluation will not be considered by TEC-II.

(d) Since samples are being asked at No Cost No Commitment basis, no


request/ representation for return of sample will be entertained once these are
submitted.

4. Rate Contract

(a) Conclusion of More than one Rate Contract. The Rate Contract Concluding
Authority reserves the right to conclude more than one rate contract for the same item.
Negotiations will be carried out with RFP compliant L1 firm only. Counter offer as per the
finally negotiated L1 rate will be given to all RFP complaint firms within 15% range of
quoted rate of L1 firm. In case adequate No of firms do not accept counter offer, the
Rate Contract Concluding Authority reserve the right to negotiate with more No of firms
even if their quoted rates are not within 15% of the final L1 rate.
7

(b) Parallel Rate Contract. In order to overcome likely difficulties due to limited
production capability, geographical expanse of diversified destinations and desirability to
have a wider vendor base due to criticality of the items, efforts will be made to conclude
parallel RCs with more than one firm. The CFA, based on the merit of each case,
may decide the number of firms to be awarded RC for an item. Parallel RCs may
be concluded at finally accepted basic rate of L1.
(c) Period of Contract. The Rate Contract will be valid for a period of one year
extendable at a time on the sole discretion of buyer upto a max of two extensions, thus
total period not exceeding three years. The buyer reserves the right to extend/not extend
the Rate Contract beyond a period of one year which will be subjected to:-

(i) Delivery compliance by the supplier.

(ii) Quality of stores delivered.

(iii) Feedback of users on the quality of the item delivered.

(iv) There is no downward trend of rates in the open market.

(d) Placement of Supply Orders upto last day of validity of RC. The Rate
Contract Concluding Authority 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 through
supplies against such supply order will be effected beyond the validity period of the rate
contract, all such supplies will be guided by the terms and conditions of the rate contract.
(e) Revocation of Contract. RC is in the nature of standing offer and a legal
contract comes into being only when a supply order is placed by the CFA. Being just a
standing offer, embodying various terms of offer, the buyer reserves the right to revoke it
at any time during its currency.

5. Delivery Period.

(a) Total Delivery Period will be 180 days from the placement of Supply Order.
Delivery will commence within 30 days of placement of Supply Order and be completed
within max 180 days. Wherein min 50% qty to be supplied in first 90 days and bal qty in
next 90 days.

(b) The size wise details will be given by CP Cell, OS(GS&C) to the firm within 10
days of placement of the Supply Order. The seller has to liaise with CP Cell, OS(GS&C)
and obtain the size roll accordingly.

(c) Any request for DP extension by the Seller should reach the Buyer minimum 30
days prior to the expiry of Delivery Period/Extended Delivery Period, as per Appx ‘G’ as
this much time is required for processing case for Delivery Period extension by the
Buyer. The delay in number of days by Seller in making such a request will be deducted
from total administrative delay taken by Buyer for grant of Delivery Period extension
while calculating Liquidated Damages. DP extension request will be processed only on
receipt of correspondingly increased validity of PBG up to 14 months beyond the date up
to which DP extension is sought. The delays on account of non submission of
extended PBG will be deducted as LD from the original delivery period. An undertaking
by the firm certifying that the supply shall be completed within the extended Delivery
Period is mandatory with the application.

6. Two Bid System. The bidders are required to furnish clause by clause compliance of
specifications bringing out clearly the deviations from specifications, if any. The bidders are
advised to submit the compliance statement in the following format along with Technical Bid
Para of RFP specifications item wise.

Para of RFP Specifications Compliance to RFP In case of Non-


specification of item offered specifications compliance deviation
(Item-wise) whether Yes/No) from RFP to be specified
in unambiguous terms.
8

7. Testing of samples. Testing of sample will be carried out at the designated Govt.
Labs/NABL Accredited labs the services of which will be utilized. Testing charges shall be borne
by the vendor.

8. Advance Sample. NOT APPLICABLE.

9. INCOTERMS for Delivery and Transportation. NOT APPLICABLE.

10. Consignee details. Delivery at the site FOR destination i.e. COD Delhi/OD
Shakurbasti/ Composite Group.

11. Timeline to be followed. The following timelines to be followed by the seller:-

(a) Submission of acknowledge copy of Rate Contract - Within seven days from the
date of signing of contract.

(b) Submission of PBG - Within 30 days of the date of the Rate Contract.
9
Part III – Standard Conditions of RFP
The Bidders is required to give confirmation of their acceptance of the Standard Conditions of
the Request for Proposal mentioned below which will automatically be considered as part of the
Rate Contract concluded with the successful Bidders (i.e. Seller in the Contract) as selected by
the Buyer. Failure to do so may result in rejection of the Bid submitted by the Bidders.
1. Law. The Rate Contract shall be considered and made in accordance with the laws of
the Republic of India. The contract shall be governed by and interpreted in accordance with the
laws of the Republic of India.

2. Effective Date of the Rate Contract. Normally the rate contract shall come into effect
on the date of signatures of both the parties on the rate contract except when some other
effective date is mutually agreed to and specifically indicated / provided in the rate contract.
The deliveries and supplies and performance of the services shall commence from the effective
date of the rate contract.
3. Arbitration. All disputes or differences arising out of or in connection with the Rate
Contract shall be settled by bilateral discussions. Any dispute, disagreement or question arising
out of or relating to the Rate Contract or relating to construction or performance, which cannot
be settled amicably, may be resolved through arbitration(Municipal Limit of Delhi). The standard
clause of arbitration is as per Forms DPM-7, and DPM-9 (Available in MoD website and can be
provided on request). Defence Secretary/ Additional Secretary/CFA will be appointing authority
for appointment of Arbitrator to decide the dispute.
4. Penalty for use of Undue influence. The Seller undertakes that he has not given,
offered or promised to give, directly or indirectly, any gift, consideration, reward, commission,
fees, brokerage or inducement to any person in service of the Buyer or otherwise in procuring
the Contracts or forbearing to do or for having done or forborne to do any act in relation to the
obtaining or execution of the present Contract or any other Contract with the Government of
India for showing or forbearing to show favour or disfavor to any person in relation to the
present Contract or any other Contract with the Government of India. Any breach of the
aforesaid undertaking by the Seller or any one employed by him or acting on his behalf
(whether with or without the knowledge of the Seller) or the commission of any offers by the
Seller or anyone employed by him or acting on his behalf, as defined in Chapter IX of the
Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or any other Act enacted for
the prevention of corruption shall entitle the Buyer to cancel the contract and all or any other
contracts with the Seller and recover from the Seller the amount of any loss arising from such
cancellation. A decision of the Buyer or his nominee to the effect that a breach of the
undertaking had been committed shall be final and binding on the Seller. Giving or offering of
any gift, bribe or inducement or any attempt at any such act on behalf of the Seller towards any
officer/employee of the Buyer or to any other person in a position to influence any
officer/employee of the Buyer for showing any favour in relation to this or any other contract,
shall render the Seller to such liability/ penalty as the Buyer may deem proper, including but not
limited to termination of the contract, imposition of penal damages, forfeiture of the Bank
Guarantee and refund of the amounts paid by the Buyer.
5. Agents / Agency Commission. The Seller confirms and declares to the Buyer that the
Seller is the original manufacturer of the stores/provider of the services referred to in this Rate
Contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to
intercede, facilitate or in any way to recommend to the Government of India or any of its
functionaries, whether officially or unofficially, to the award of the contract to the Seller; nor has
any amount been paid, promised or intended to be paid to any such individual or firm in respect
of any such intercession, facilitation or recommendation. The Seller agrees that if it is
established at any time to the satisfaction of the Buyer that the present declaration is in any
way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any
such individual/firm, and paid or intended to pay any amount, gift, reward, fees, commission or
consideration to such person, party, firm or institution, whether before or after the signing of this
contract, the Seller will be liable to refund that amount to the Buyer. The Seller will also be
debarred from entering into any supply Rate Contract with the Government of India for a
minimum period of five years. The Buyer will also have a right to consider cancellation of the
Rate Contract either wholly or in part, without any entitlement or compensation to the Seller
who shall in such an event be liable to refund all payments made by the Buyer in terms of the
Rate Contract along with interest at the rate of 2% per annum above LIBOR rate. The Buyer
will also have the right to recover any such amount from any contracts concluded earlier with
the Government of India.
10

6. Access to Books of Accounts. In case it is found to the satisfaction of the Buyer that
the Seller has engaged an Agent or paid commission or influenced any person to obtain the
contract as described in clauses relating to Agents/Agency Commission and penalty for use of
undue influence, the Seller, on a specific request of the Buyer, shall provide necessary
information/ inspection of the relevant financial documents/ information.
7. Non-disclosure of Contract documents. Except with the written consent of the
Buyer/ Seller, other party shall not disclose the contract or any provision, specification, plan,
design, pattern, sample or information thereof to any third party.
8. Liquidated Damages. Compensation of loss on account of late delivery (actually
incurred as well as notional) where loss is pre-estimated and mutually agreed to is termed as
LD. Law allows recovery of pre-estimated loss provided such as term is included in the
contract and there is no need to establish actual loss due to late supply (Malla Banx vs UOI).
In the event of the Seller's failure to submit the Bonds, Guarantees and Documents, supply the
stores/goods and conduct trials, installation of equipment, training, etc as specified in this
contract, the Buyer may, at his discretion, withhold any payment until the completion of the
contract. The BUYER may also deduct from the SELLER as agreed, liquidated damages to the
sum of 0.5% of the contract price of the delayed/undelivered stores/services mentioned above
for every week of delay or part of a week, subject to the maximum value of the Liquidated
Damages being not higher than 10% of the value of delayed stores.
9. Termination of Contract. The Buyer shall have the right to terminate the Rate
Contract and SO in part or in full in any of the following cases:-

(a) The delivery of the material is delayed for causes not attributable to Force
Majeure for more than one month after the scheduled date of delivery.

(b) The Seller is declared bankrupt or becomes insolvent.


(c) The delivery of material is delayed due to causes of Force Majeure by more than
one month provided Force Majeure clause is included in Rate Contract.

(d) The Buyer has noticed that the Seller has utilized the Corrupt or fraudulent
practices/services of any Indian/ Foreign agent in getting this contract and paid any
commission to such individual/company etc.

(e) As per decision of the Arbitration Tribunal.

10. Notices. Any notice required or permitted by the contract shall be written in the
English language and may be delivered personally or may be sent by FAX/Speed Post or
registered pre-paid mail/airmail to the address and/or e-mail ID thus provided in the bid
document. It will be the sellers responsibility to retrieve correspondence sent on the given
address/email ID. Buyer will not be responsible for any postal/technical delay in receipt of
communication at given address/email ID. Seller will be responsible for notifying any chage in
address/e-mail ID
11. Transfer and Sub-letting The Seller has no right to give, bargain, sell, assign or sublet
or otherwise dispose of the Contract or any part thereof, as well as to give or to let a third party
take benefit or advantage of the present Contract or any part thereof.
12. Patents and other Industrial Property Rights. The prices stated in the present
Contract shall be deemed to include all amounts payable for the use of patents, copyrights,
registered charges, trademarks and payments for any other industrial property rights. The
Seller shall indemnify the Buyer against all claims from a third party at any time on account of
the infringement of any or all the rights mentioned in the previous paragraphs, whether such
claims arise in respect of manufacture or use. The Seller shall be responsible for the
completion of the supplies including spares, tools, technical literature and training aggregates
irrespective of the fact of infringement of the supplies, irrespective of the fact of infringement of
any or all the rights mentioned above.
13. Amendments. No provision of present Contract shall be changed or modified in any
way (including this provision) either in whole or in part except by an instrument in writing made
after the date of this Contract and signed on behalf of both the parties and which expressly
states to amend the present Contract.
11

14. Taxes and Duties in Respect of Indigenous Bidders.

General.

(a) Bidders must indicate GST likely to be paid in connection with delivery of
completed goods specified in RFP. In absence of this, the total cost quoted by them in
their bids will be taken into account in the ranking of bids. The GST component should
clearly specify the IGST, SGST AND CGST components of the tax separately.

(b) If a Bidder is exempted from payment of GST upto any value of supplies from
them, he should clearly state that no such tax will be charged by them up to the limit of
exemption which they may have. If any concession is available in regard to rate/quantum
of any duty/tax, it should be brought out clearly. In such cases, relevant certificate will be
issued by the Buyer later to enable the Seller to obtain exemptions from taxation
authorities.

(c) Any changes in levies taxes and duties levied by Central/State/Local


Governments such as GST on final product upward as a result of any statutory variation
taking place within contract period shall e allowed reimbursement by the Buyer, to the
extent of actual quantum of such duty/tax paid by the Seller. Similarly, in case of
downward revision in any such duty/tax shall be reimbursed to the Buyer by the Seller.
All such adjustments shall include all reliefs, exemption, rebates, concession etc, if any,
obtained by the Seller. Section 64-A of Sales of Goods Act will be relevant in this
situation.

(d) Levies, taxes and duties levied by Central/State/Local Governments such as GST
etc on final product will be paid by the Buyer on actual, based on relevant documentary
evidence. Taxes and duties on input items will not be paid by Buyer and they may not be
indicted separately in the bids. Bidders are required to include the same in the pricing of
their product.

15. GST. GST has been implemented with effect from 01 Jul 2017. All participating firms
should be GST compliant/registered only.
12
Part IV – Special Conditions of RFP
The Bidders are required to give confirmation of their acceptance of Special Conditions of the
RFP mentioned below for RC as well as placement of SO which will automatically be
considered as part of the Contract concluded with the successful Bidders (i.e. Seller in the
Contract) as selected by the Buyer. Failure to do so may result in rejection of Bid submitted by
the Bidders.
1. Performance Guarantee. Depending on the anticipated overall drawl against a rate
contract and also anticipated number of parallel rate contracts to be issued for an item, the
successful firms, post finalization of Rate contract will be required to deposit a performance
security of 10% of the contracted value from the Rate Contract holders irrespective of any
commitment on Supply Order. The same should be valid for 60 days beyond the contracted
period/ Date of warranty. The specimen of PBG is given in Form DPM-15(Att as Appx ‘H’).
Non submission of PBG within the specified time will be considered as a breach of contract and
the contract is liable to be cancelled at the risk and cost of the contractor.

2. Option Clause. Not Applicable.

3. Repeat Order Clause. Not Applicable.

4. Tolerance Clause. Not Applicable.

5. Conclusion of more than one rate contract. The purchaser reserves the right to
conclude more than one rate contract for the same item.

6. Payment Terms for Indigenous Sellers. It will be mandatory for the Bidders to
indicate their bank account numbers and other relevant e-payment details so that payments
could be made through ECS/EFT mechanism instead of payment through cheques, wherever
feasible. A copy of the model mandate form prescribed by RBI to be submitted by Bidders for
receiving payments through ECS is at Form DPM-11 (Available in MoD website and can be
given on request). The payment will be made by Paying Authority as per the following terms:-

(a) 90% of the price in full against each part of consignment will be paid by the
paying authority on production of following documents by vendor:-
(i) Receipt of proof of dispatch of stores to the consignee.
(ii) Production of Inspection notes.
(iii) Photocopy of Bank Guarantee.
(iv) Consignee’s receipt of stores (Receipt Voucher).
(b) The bills shall not be routed through the consignee or this office but shall be
raised direct on the Paying Authority.
(c) In case of part payment, 90% payment of the quantum of goods delivered will
be made subject to production of the documents mentioned in para 5 (a) above.
(d) Balance 10% shall be paid on receipt of complete consignment and adjusting
the amount of LD, if applicable.
(e) PBG will be released to the firm only on receipt of No Loss Certificate (NLC from
the consignee, after completion of all contractual liability including warranty.
(f) Part payment for part delivery will be allowed.
7. Enhancement/Reduction of Rates. No enhancement in rates/prices will be made
unless the contract specifically provides for it. The change due to variation in Excise /Custom
duties/other Government taxes & levies and the contract duties/other Government taxes &
levies and the contract provides for payment of duties on the basis of the actual rates, provided
that the change in taxes is effected within the original delivery period and the supply is
completed during the original delivery period. No change in taxes will be applicable to the qty
of stores supplied after the original delivery period even if the enhanced taxes are accepted
and amendment letter to the effect is issued.
8. Advance Payments. No advance payment(s) will be made.

9. Placement of supply orders up to last day of validity of RC. 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 through 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 and
conditions of the rate contract
13

10. Paying Authority for Indigenous Sellers. PCDA, ‘G’ Block, New Delhi-11 will be the
paying auth. The payment of bills will be made on submission of the following documents by
the Seller to the Paying authority.

(a) Ink-signed copy of contingent bill / Seller’s bill.


(b) Ink-signed copy of Commercial invoice / Seller’s bill.
[
(c) Copy of Supply Order/Contract with U.O. number and date of IFA’s concurrence,
where required under delegation of powers.
(d) CRVs in duplicate.
(e) Inspection note.

(f) Claim for statutory and other levies to be supported with requisite documents /
proof of payment such as Excise duty challan, Customs duty clearance certificate, Octroi
receipt, proof of payment for EPF/ESIC contribution with nominal roll of beneficiaries, etc
as applicable.

(g) Exemption certificate for GST, if applicable.

(h) Bank guarantee for advance, if applicable.

(j) Guarantee / Warranty certificate.

(k) Performance Bank guarantee / Indemnity bond if applicable.

(l) DP extension letter with CFA’s sanction, U.O. number and date of IFA’s
concurrence, where required under delegation of powers, indicating whether extension
is with or without LD.(If applicable)
(m) Details for electronic payment viz Account holder’s name, Bank name, Branch
name and address, Account type, Account number, IFSC code, MICR code (if these
details are not incorporated in supply order/contract).
(n) Any other document / certificate that may be provided for in the Supply Order /
Contract.

(o) User Acceptance.

(p) Photocopy of PBG.

11. Fall Clause. The following fall clause will form part of the contract placed on successful
Bidders:-

(a) The price charged for the stores supplied under the contract by the Seller shall in
no event exceed the lowest prices at which the Seller sells the stores or offers to sell
stores of identical description to any persons/ Organizations including the Rate Contract
Concluding Authority or any department of the Central government or any Department of
State government or any statutory undertaking of the Central or State government as
the case may be during the period or till the performance of all Supply Orders placed
during the currency of the rate contract is completed.

(b) If at any time, during the said period the Seller reduces the sale price, sells or
offer to sell such stores to any person/ organization including the Buyer or any Deptt, of
central Govt. or any Department of the State Government or any Statutory undertaking
of the Central or State government as the case may be at a price lower than the price
chargeable under the contract, he shall forthwith notify such reduction or sale or offer of
sale to the Rate Contract Concluding Authority / contracting authority and the price
payable under the contract for the stores of such reduction of sale or offer of the sale
shall stand correspondingly reduced. The above stipulation will, however, not apply to:-
(i) Exports by the Seller.
(ii) Sale of goods as original equipment at price lower than the prices charged
for normal replacement.
(iii) Sale of goods such as drugs which have expiry dates.
14
(iv) Sale of goods at lower price on or after the date of completion of sale
/placement of the order of goods by the authority concerned under the existing or
previous Rate Contracts as also under any previous contracts entered into with
the Central or State Govt. Depts, including their undertakings excluding joint
sector companies and/or private parties and bodies.

(c) The Seller shall furnish the following certificate to the Paying Authority along with
each bill for payment for supplies made against the Rate contract – “We certify that there
has been no reduction in sale price of the stores of description identical to the stores
supplied to the Government under the contract herein and such stores have not been
offered/sold by me/us to any person/organization including the Rate Contract
Concluding Authority or any department of Central Government or any Department of a
state Government or any Statutory Undertaking of the Central or state Government as
the case may be up to the date of bill/the date of completion of supplies against all
supply orders placed during the currency of the Rate Contract at price lower than the
price charged to the government under the contract except for quantity of stores
categories under sub-clauses (i),(ii),(iii) and (iv) of sub-para (b) above details of which
are given below - ........”.
12. Risk & Expense Clause.

(a) Should the stores or any installment thereof not be delivered within the time or
times specified in the contract documents, or if defective delivery is made in respect of
the stores or any installment thereof, the Buyer shall after granting the Seller 45 days to
cure the breach, be at liberty, without prejudice to the right to recover liquidated
damages as a remedy for breach of contract, to declare the contract as cancelled either
wholly or to the extent of such default.
(b) Should the stores or any installment thereof not perform in accordance with the
specifications / parameters provided by the SELLER during the check proof tests to be
done in the BUYER’s country, the BUYER shall be at liberty, without prejudice to any
other remedies for breach of contract, to cancel the contract wholly or to the extent of
such default.
(c) In case of a material breach that was not remedied within 45 days, the BUYER
shall, having given the right of first refusal to the SELLER be at liberty to purchase,
manufacture, or procure from any other source as he thinks fit, other stores of the same
or similar description to make good:-
(i) Such default.
(ii) In the event of the contract being wholly determined the balance of the
stores remaining to be delivered there under.

(d) Any excess of the purchase price, cost of manufacturer, or value of any stores
procured from any other supplier as the case may be, over the contract price appropriate
to such default or balance shall be recoverable from the SELLER. Such recoveries shall
not exceed 100% of the difference of the value of the contracts.
13. Force Majeure clause.

(a) Neither party shall bear responsibility for the complete or partial non performance
of any of its obligations (except for failure to pay any sum which has become due on
account of receipt of goods under the provisions of the present contract), if the non-
performance results from such Force Majeure circumstances as Flood, Fire, Earth
Quake and other acts of God as well as War, Military operation, blockade, Acts or
Actions of State Authorities or any other circumstances beyond the parties control that
have arisen after the conclusion of the present contract.

(b) In such circumstances the time stipulated for the performance of an obligation
under the present contract is extended correspondingly for the period of time of action of
these circumstances and their consequences.

(c) The party for which it becomes impossible to meet obligations under this contract
due to Force Majeure conditions, is to notify in written form the other party of the
beginning and cessation of the above circumstances immediately, but in any case not
later than 10 (Ten) days from the moment of their beginning.
15
(d) Certificate of a Chamber of Commerce (Commerce and Industry) or other
competent authority or organization of the respective country shall be a sufficient proof
of commencement and cessation of the above circumstances.
(e) If the impossibility of complete or partial performance of an obligation lasts for
more than 6 (six) months, either party hereto reserves the right to terminate the contract
totally or partially upon giving prior written notice of 30 (thirty) days to the other party of
the intention to terminate without any liability other than reimbursement on the terms
provided in the agreement for the goods received.
14. Specification. The following specification clause will form part of the contract placed on
successful bidders:-
The Seller guarantees to meet the specifications as per Part-II of RFP and to incorporate
the modifications to the existing design configuration to meet the specific requirement of
the Buyer Services as per modifications/requirements recommended after the
Maintenance Evaluation Trials. All technical literature and drawings shall be amended as
the modifications by the Seller before supply to the Buyer. The Seller, in consultation
with the Buyer, may carry out technical up gradation/alterations in the design, drawings
and specifications due to change in manufacturing procedures, indigenization or
obsolescence. This will however , not in any way, adversely affect the end specifications
of the equipment. Changes in technical details drawings, repair and maintenance
techniques along with necessary tools as a result of upgradation/alterations will be
provided to the Buyer free of cost within 10 days of affecting such upgradation/
alterations.
15. OEM Certificate. The Bidder should be Original Equipment Manufacturer/OES only. In
case the bidder is not the OEM, the agreement certificate with the OEM for supplying the item
shall be mandatory, the format of which is att as Appx ‘J’.
16. Earliest Acceptable Year of Manufacture. The item should be brand new and should
not be manufactured beyond six months prior to supply order date. Quality/Life certificate will
need to be enclosed with the bill.
17. Air Lift. NOT APPLICABLE
18. Packing and Marking. As per relevant clause of specification att as Appx ‘F’.
19. Quality. The quality of the stores delivered according to the present Contract shall
correspond to the technical conditions and standards valid for the deliveries of the same stores
as per specifications enumerated as per RFP and shall also include therein modification to the
stores suggested by the Buyer. Such modifications will be mutually agreed to. The Seller
confirms that the stores to be supplied under this Contract shall be new i.e. not manufactured
before (Year of Contract), and shall incorporate all the latest improvements and modifications
thereto and spares of improved and modified equipment are backward integrated and
interchangeable with same equipment supplied by the Seller in the past if any. The Seller shall
supply an interchangeability certificate along with the changed part numbers wherein it should
be mentioned that item would provide as much life as the original item.
20. Quality Assurance. Items provided will be checked as per Specification provided by
FDDI, A/10/A, Sector 24, Noida-201301.
21. Bulk Inspection.

(a) A BOO will be convened by Govt of India, IHQ of MoD (Army), Master General of
Ord Branch, New Delhi - 110011 to inspect the store during bulk supply. BOOs will
pickup randomly qty 02 Nos at the time of the staggered bulk supply and will fwd it to the
concerned NABL lab for testing of bulk supply sample alongwith the testing charges. The
testing charges of Rs 12,759.00 (Incl Taxes) will be borne by the vendor. The DD on the
name of Textile Committee for testing charges will be handed over to BOOs at the time
of staggered Bulk Supply.

(b) Final inspection will be carried out by the BOOs on receipt of test results from the
NABL lab accordingly.

22. Rectification Clause. In the event a store is given back to the manufacturer for
rectification of defects the manufacturer will ensure that the defects are attended immediately
without loss of time, so that stores can be inspected. However, it should be noted that the
manufacturer would not be entitled to dispose off that above store which is given for
rectification but not rejected, without prior permission to the inspector.
16

23. Pre-Inspection Clause. NOT APPLICABLE.


24. Testing of Basic Material Clause. NOT APPLICABLE.
25. Preservation. The store shall be preserved with suitable preservative material.
26. Test Protocol. NOT APPLICABLE.
27. Pre-Dispatch Inspection - NOT APPLICABLE
28. Franking clause. The following Franking clause will form part of the contract placed on
successful Bidders:-
(a) Franking Clause in the case of Acceptance of Goods. The fact that the
goods have been inspected after the delivery period and passed by the Inspecting
Officer will not have the effect of keeping the contract alive. The goods are being passed
without prejudice to the rights of the Buyer under the terms and conditions of the
contract.
(b) Franking Clause in the case of Rejection of Goods. “The fact that the goods
have been inspected after the delivery period and rejected by the Inspecting Officer will
not bind the Buyer in any manner. The goods are being rejected without prejudice to the
rights of the Buyer under the terms and conditions of the contract.”
29. Claims. The following Claims clause will form part of the contract placed on successful
Bidders –
(a) The claims may be presented either:
(i) On quantity of the stores, where the quantity does not correspond to
the quantity shown in the Packing List /Insufficiency in packing, or
(ii) On quality of the stores, where quality does not correspond to the quality
mentioned in the contract.
(b) The quantity claims for deficiency of quantity shall be presented within 45 days of
completion of inspection and acceptance of goods.
(c) The quality claims for defects or deficiencies in quality noticed during the
inspection shall be presented within 45 days of completion of inspection of goods.
Quality claims shall be presented for defects or deficiencies in quality noticed during
warranty period earliest but not later than 45 days after expiry of the guarantee period.
(d) The description and quantity of the stores are to be furnished to the Seller along
with concrete reasons for making the claims. Copies of all the justifying documents shall
be enclosed to the presented claim. The Seller will settle the claims within 45 days from
the date of the receipt of the claim at the Seller’s office, subject to acceptance of the
claim by the Seller. In case no response is received during this period the claim will be
deemed to have been accepted.
(e) The Seller shall collect the defective or rejected goods from the location
nominated by the Buyer and deliver the repaired or replaced goods at the same location
under Seller’s arrangement.
(f) Claims may also be settled by reduction of cost of goods under claim from bonds
submitted by the Seller or payment of claim amount by Seller through demand draft
drawn on an Indian Bank, in favour of Principal Controller/Controller of Defence
Accounts concerned.
(g) The quality claims will be raised solely by the Buyer and without any certification/
countersignature by the Seller’s representative stationed in India.
30. Guarantee/Warranty. The following Warranty will form part of the contract placed
on the successful Bidders and will be given in duplicate to the Inspecting Officer under the
contract alongwith the offer letter/challan:-
Except as otherwise provided in the invitation tender, the Seller hereby declares that the
goods, stores articles sold/supplied to the Buyer under this contract shall be of the best
quality and workmanship and new in all respects and shall be strictly in accordance with
the specification and particulars contained/ mentioned in contract. The seller hereby
guarantees that the said goods/stores/articles would continue to conform to the
description and quality aforesaid for a period of 12 months from the date of delivery of
the said goods stores/articles to the Buyer or 15 months from the date of
shipment/despatch from the Seller’s works whichever is earlier and that notwithstanding
the fact that the Buyer may have inspected and/or approved the said
goods/stores/articles, if during the aforesaid period of 12/15 months the said
goods/stores/articles be discovered not to conform to the description and quality
aforesaid not giving satisfactory performance or have deteriorated, and the decision of
17

the Buyer in that behalf shall be final and binding on the Seller and the Buyer shall be
entitled to call upon the Seller to rectify the goods/stores/articles or such portion thereof
as is found to be defective by the Buyer within a reasonable period, or such specified
period as may be allowed by the Buyer in his discretion on application made thereof by
the Seller, and in such an event, the above period shall apply to the
goods/stores/articles rectified/replaced from the date of rectification/replacement
mentioned thereof, otherwise the Seller shall pay to the Buyer such compensation as
may arise by reason of the breach of the warranty herein contained.

31. Price Variation (PV) Clause – NOT APPLICABLE

32. Correctness of the Quality and Quantity. On receipt of stores at consignee’s


premises, the stores will be checked for ascertaining the correctness of quality, quantity and
documents. In case the stores are found deficient in any way, the consignee has the right to
reject the stores even if these were inspected and cleared by the BOO and the seller shall be
bound to replace them or pay cost of such stores.

33. Termination of Contract. In addition to the clause given at para 9, part III of
RFP, the buyer shall have the right to terminate the contract in part or in full in any of the
following cases :-

(a) If the Supplier fails to deliver any or all the Goods within the period specified in
the Rate Contract, or within any extension thereof granted by the Buyer.

(b) If the Supplier fails to perform any other obligation(s) under the Rate Contract.

(c) In case of non-submission of PBG within the stipulated period, contract may be
cancelled on terms of risk purchase against the firm.

(d) In case of failure of supply under sub clauses (a) ,(b), (c) & (d) of para 9 part III of
RFP and sub clause (a) & (b) of para 33 part IV of RFP, the Bank Guarantee of the
supplier can be liquidated thereof.”

(e) If the Supplier, in the judgment of the Buyer, has engaged in corrupt or fraudulent
practices in competing for or in executing the contract.

(f) When the contractor is found to have made any false or fraudulent declaration or
statement to get the contract or he is found to be indulging in unethical or unfair trade
practices.
(g) When both parties mutually agree to terminate the contract.

(h) When the item offered by the supplier repeatedly fails in the inspection and/or the
supplier is not in position to either rectify the defects or offer items conforming to the
contracted quality standards.
(i) Any special circumstances, which must be recorded to justify the cancellation or
termination of a contract.

34. Punitive Provisions. As per Para 3.2.4 of Manual for Procurement of Goods 2017,
without prejudice to and in addition to the rights of the Procuring Entity to other penal provisions
as per the bid documents or contract, if the Procuring Entity comes to a conclusion that a
(prospective) bidder/supplier, directly or through an agent, has violated the code of integrity in
competing the supplies for the contract or in executing a contract, the procuring Entity may take
appropriate measures including one or more of the following:-

(a) If his bids are under consideration in any procurement.

(i) Forfeiture or encashment of bid security.

(ii) Calling off of any pre-contract negotiations.

(iii) Rejection and exclusion of the bidder from the procurement process.
18

(b) If a contract has already been awarded.

(i) Cancellation of the relevant contract and recovery of compensation for loss
incurred by the procuring Entity.

(ii) Forfeiture or encashment of any other security or bond relating to the


procurement.

(iii) Recovery of payments including advance payments, if any, made by the


procuring entity along with interest thereon at the prevailing rate.

(c) Provisions in addition to above.

(i) Removal from the list of registered suppliers and banning/debarment of the
bidder from participation in future procurements of the procuring entity for a
period not less than one year.

(ii) In case of anti-competitive practices, information for further processing


may be filed under a signature of the Joint Secretary level officer, with the
Competition Commission of India.

(iii) Initiation of suitable disciplinary or criminal proceedings against any


individual or staff found responsible.

35. Forfeiture of PBG. If the contractor fails/ delays supplies beyond acceptable
period or neglects to observe or perform any of his obligations under the contract, it shall be
lawful for the purchaser to forfeit either in whole or in part of the security/bank guarantee
furnished by the contractor.
19

Part V – Evaluation Criteria & Price Bid Issues.

1. Evaluation Criteria. - The broad guidelines for evaluation of Bids will be as follows:

(a) Only those Bids will be evaluated which are found to be fulfilling all the
eligibility and qualifying requirements of the RFP, both technically and
commercially.

(b) In respect of Two-Bid system, the technical Bids forwarded by the Bidders will be
evaluated by the Buyer with reference to the technical characteristics of the equipment
as mentioned in the RFP. The compliance of Technical Bids would be determined on the
basis of the parameters specified in the RFP. The Price Bids of only those Bidders will
be opened whose Technical Bids would clear the technical evaluation.

(c) The Lowest Bid will be decided upon the lowest price quoted by the particular
Bidders as per the Price Format given at Para 2 below. The L1 will be determined based
on the basic rates excluding all government taxes/GST.

(d) The transportation cost will not be factored while concluding the Rate Contract.
However at the time of placement of supply order, destination wise L1 will be
determined factoring the transportation cost as well as basic rate accepted by both the
parties. The consideration of taxes and duties in evaluation process will be as follows:

(i) L-1 bidder will be determined by excluding GST/applicable taxes, etc on


final product, as quoted by the bidders.

(ii) If there is a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity, the unit price will prevail and
the total price will be corrected. If there is a discrepancy between words and
figures, the amount in words will prevail for calculation of price.

(d) The Lowest Acceptable Bid will be considered further for conclusion of Rate
Contract after complete clarification and price negotiation as decided by the buyer.

(e) The Buyer will have the right to award contracts to different Bidders for being
lowest in particular items and for particular destination for which item are to be supplied.

2. Price Bid Format (to be used for L-1 determination): The Price Bid Format in general
is given below and Bidders are required to fill this up correctly with full details, as required
under Part-II of RFP (The format indicated below is only as an illustration. This format should
be filled up with items/requirements as mentioned in Part-II of RFP) – Basic price of:-

(a) Item (s) -

Item Unit price Qty Total


(i) A
(ii) B
(iii) C
(iv) Total price of item (s)

(b) Accessories
(c) Installation / commissioning
(d) Training
(e) Technical literature
(f) Tools
(g) AMC
(h) Any other requirement

Note. 1. Determination of L-1 will be done based on total of basic prices (not including
levies, taxes and duties levied by Central/State/Local governments such as GST etc on
final product) of all items/requirements as mentioned above.
20

3. Additional information in price bid on Taxes and duties (not in scope of L-1
determination).

(a) Is GST extra?

(b) If yes, mention the following:-

(i) HSN Code


(ii) Total value of items on which GST is leviable.
(iii) Rate of GST (item-wise if different GST is applicable)
(iv) Surcharge on GST, if applicable
(v) Total value of GST payable.

(c) Is GST exemption required.

(d) If yes, then mention and enclose the GST notification number under which GSTE
can be given.

(e) Is Custom duty Exemption (CDE) required.

(f) If yes then mention the following:-

(i) Custom notification number under which CDE can be given (enclosed a
copy).
(ii) CIF value of stores to be imported.
(iii) Rate of Custom Duty payable.
(iv) Total amount of Custom Duty payable.

(g) Octroi/Entry taxes

(h) Any other Taxes/Duties.

3. Price Bid Format. The Commercial bid format is provided as BoQ_XXXX.xls alongwith
this tender document at https://eprocure.gov.in/eprocure/app. Bidders are advised to download
this BoQ_XXXX.xls as it is and quote their offer in the permitted column.
Note
(i) Please confirm that the store offered by you is exactly as required under
tender enquiry description specification/drawing
(ii) In case there is any deviation the same shall be specifically stated.
21

Appx ‘A’
A/26979/CP Cell/OS-PIII/UN MSN/T-Shirt/RC
dt 13 Mar 2020.
(Ref Para 2 (a) of Part I of RFP)

TENDER CONDITIONS ACCEPTANCE LETTER


(To be given on Company Letter Head)
Date:
To,
______________________
______________________

SUB: ACCEPTANCE OF TERMS & CONDITIONS OF TENDER.

Tender Reference No : ________________________


Name of Tender/Work :
-____________________________
_____________________________
________________________

Dear Sir,

1. I/We have downloaded/obtained the tender document(s) for the above mentioned
‘Tender/Work’ from the web site(s) namely:
___________________________________________________________________________
___________________________________________________________________________
__as per your advertisement, given in the above mentioned website(s).

2. I/ We hereby certify that I / we have read entire terms and conditions of the tender
documents from Page No. _______ to ______ (including all documents like
annexure(s), schedule(s), etc .,), which form part of the contract agreement and I/we shall
abide hereby the terms /conditions/clauses contained therein.

3. The corrigendum(s) issued from time to time by your department/ organisations too have
also been taken into consideration, while submitting this acceptance letter.

4. I / We hereby unconditionally accept the tender conditions of above mentioned


tender document(s) / corrigendum(s) in its totality / entirety.

5. The Tech Bid and its enclosures as submitted in physical form as mentioned in para 7
of part I of RFP is the true copy of the documents uploaded on the Central Public Procurement
Portal (https://eprocure.gov.in/eprocure/app).

6. In case any provisions of this tender are found violated , your department/
organisation shall be at liberty to reject this tender/bid including the forfeiture of the full said
Earnest Money Deposit absolutely and we shall not have any claim/right against deptt in
satisfaction of this condition.

Yours Faithfully,
(Signature of the Bidder, with Official Seal)
22

Appx ‘B’
A/26979/CP Cell/OS-PIII/UN MSN/T-Shirt/RC
dt 13 Mar 2020.
(Ref Para 2 (b) (iii) of Part I of RFP)

CLAUSE BY CLAUSE COMPLIANCE OF SPECIFICATION

Ser Specificatio Para of RFP Compliance In case of non Remarks


No n No Specificatio to RFP specn compliance,
n (Item (Whether deviation from RFP
Wise) Yes/No) to be specified in
unambiguous terms

(Signature of bidder/Authorised rep with official seal)


23
Appx ‘C’
A/26979/CP Cell/OS-PIII/UN MSN/T-Shirt/RC
dt 13 Mar 2020.
(Ref Para 2(d) (ii) of Part-I of RFP)

ADDITIONAL CHARGES/DISCOUNTS

It is hereby certified that no Additional Charges Levied Or Any Discounts Offered from
the prices quoted in the enclosed BOQ, which will have financial implication on the bid value
quoted by me.

OR

The following additional Charged Levied / Discounts Offered over and above the prices quoted
in the BOQ which will have financial implication on the bid value quoted by me

(i)
(ii)
(ii)

Signed by:
Date: Official stamp:

Notes:-

1. Please strike out whichever is not applicable.

2. The certificate will be signed by the owner of the firm or any person auth to
do so on behalf of the owner.

3. The certificate will be scanned, digitally signed and uploaded along with the
BOQ in the Cover II containing Financial Bid. (Ref para 2 (c) of Part I of RFP)
24

Appx ‘D’
A/26979/CP Cell/OS-PIII/UN MSN/T-Shirt/RC
dt 13 Mar 2020.
(Ref Para 8 of Part-I of RFP)

INSTRUCTIONS TO THE BIDDERS FOR ONLINE BID SUBMISSION

Instructions to the Bidders to submit the bids online through the Central Public Procurement
Portal for e-Procurement at https://eprocure.gov.in/eprocure/app are as follows:-

1. Possession of valid Digital Signature Certificate (DSC) and enrolment/registration of


the contractors/bidders on the e-procurement/e-tender portal is a prerequisite for e-tendering.
2. Bidder should do the enrolment in the e-Procurement site using the “Click here to
Enrol” option available on the home page. Portal enrolment is generally free of charge.
During enrolment/registration, the bidders should provide the correct/true information including
valid email_id. All the correspondence shall be made directly with the contractors/bidders
through email_id provided.
3. Bidder needs to login to the site through their user ID/ password chosen during enrolment
/registration.

4. Then the Digital Signature Certificate (Class II or Class III Certificates with signing
key usage) issued by SIFY/TCS/n-Code/e-Mudra or any Certifying Authority recognized by
CCA India on e-Token/Smart Card, should be registered.
5. The DSC that is registered only should be used by the bidder and should ensure safety of
the same.
6. Bidder logs in to the site through the secured log in by giving the user Id/ password chosen
during enrolment/registration and then by giving the password of the e-Token/Smart Card to
access DSC.
7. In case of limited tender the regd dealers/ the bidders invited to participate in the tender will
receive a notification through e-mail wrt to tender and after log in the bidder selects the tender
and moves it to “my tenders‟. In case of open tenders the bidder selects the tender which
he/she is interested in by using the search option & then moves it to the “my tenders ‟ folder.

8. From my tender folder, the bidder selects the tender to view all the details indicated.

9. After downloading / getting the tender document/schedules, the Bidder should go through
them carefully and then submit the documents as asked, otherwise bid will be rejected.
10. If there are any clarifications, this may be obtained online through the tender site, or
through the contact details or during the pre -bid meeting if any or during the pre -bid meeting if
any.
11. Bidder should take into account the corrigendum published before submitting the bids
online.
12. It is considered that the bidder has read all the terms and conditions before submitting
their offer. Bidder should go through the tender schedules carefully and upload the
documents as asked; otherwise, the bid will be rejected.
13. The Bidders can upload well in advance, the documents such as certificates, annual
report details etc., under My Space option and these can be selected as per tender
requirements and then sent along with bid documents during bid submission. This will facilitate
the bid submission process faster by reducing upload time of bids.
25

14. Bidder, in advance, should get the bid documents ready to be submitted as indicated in
the tender document/schedule and generally, they can be in PDF/xls/rar/zip/dwf formats. If
there is more than one document, they can be clubbed together and can be provided
in the requested format. Each document to be uploaded online for the tenders should be less
than 2 MB. If any document is more than 2MB, it can be reduced through zip/rar and the same
can be uploaded, if permitted. Bidders Bid documents may be scanned with 100 dpi with
black and white option. However of the file size is less than 1 MB the transaction uploading
time will be very fast.
15. Bidder should submit the Tender Fee/ EMD as specified in the tender. The original
should be posted/couriered/given in person to the Tender Inviting Authority, within the bid
submission due date & time for the tender. Scanned copy of the instrument should be uploaded
as part of the offer.
16. While submitting the bids online, the bidder must read the terms & conditions and accept
the same to proceed further to submit the bid packets.
17. The bidder has to select the payment option as offline to pay the EMD as
applicable and enter details of the instruments.
18. The details of the DD/any other accepted instrument, physically sent, should tally with
the details available in the scanned copy and the data entered during bid submission time. The
submitted bid will not be acceptable if otherwise.
19. The bidder has to digitally sign and upload the required bid documents one by
one as indicated. Bidders must note that the very act of using DSC for downloading the bids
and uploading their offers shall be deemed to be a confirmation that they have read all sections
and pages of the bid document including General conditions of contract without any exception
and have understood the entire document and are clear about the requirements of the tender
requirements.
20. The bidder has to upload the relevant files required as indicated in the cover content. In
case of any irrelevant files, the bid will be rejected. The tech bid acceptance will be subject
to physical receipt of specified docu at the time of tech bid opening. Further, the Tender
Inviting Authority (TIA) will not be held responsible for any sort of delay or the
difficulties faced during the submission of bids physically by the bidders under any
circumstances whatsoever.
21. If the price bid format is provided in a spread sheet file like BoQ_xxxx.xls, the rates
offered should be entered in the allotted space only and uploaded after filling the relevant
columns. The Price Bid/BOQ template must not be modified/replaced by the bidder, else
the bid submitted is liable to be rejected for this tender.
22. The bidders are requested to submit the bids through online e-tendering system
to the Tender Inviting Authority (TIA) well before the bid submission end date & time
(as per Server System Clock). The TIA will not be held responsible for any sort of delay or the
difficulties faced during the submission of bids online by the bidders at the eleventh hour.
23. After the bid submission (ie after Clicking “Freeze Bid Submission” in the portal),
the acknowledgement number, given by the system should be printed by the bidder and
kept as a record of evidence for online submission of bid for the particular tender and will also
act as an entry pass to participate in the bid opening date.

24. The time settings fixed in the server side & displayed at the top of the tender site, will be
valid for all actions of requesting, bid submission, bid opening etc., in the e-tender system. The
bidders should follow this time during bid submission.
25. All the data being entered by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered will not viewable by
unauthorized persons during bid submission & not be viewable by any one until the time of bid
opening.
26. Any bid document that is uploaded to the server is subjected to symmetric encryption
using a system generated symmetric key. Further this key is subjected to asymmetric
encryption using buyers or the procurement officer openers public keys. Overall, the uploaded
tender documents become readable only after the tender opening by the authorized bid
openers.
26

27. The confidentiality of the bids is maintained since the secured Socket Layer 128
bit encryption technology is used. Data storage encryption of sensitive fields is done.

28. The bidder should logout of the tendering system using the normal logout option
available at the top right hand corner and not by selecting the (X) exit option in the browser.

29. For any queries regarding e-tendering process, the bidders are requested to
contact TIA as provided in the tender document. The bidders for any further queries can also to
contact over phone: 1-800-233-7315 or send an mail over to – cppp-nic@nic.in .

30. The undertaking to the effect that the terms and conditions stipulated in the tender docu are
acceptable by the auth signatory of the bidders Regd firm will have to be submitted. The
subject undertaking on a forwarding letter shall be uploaded on CPP portal during bidding by
the bidders.

Note :- Rate to be quoted online by bidder in BOQ Excel Sheet only


27

Appx ‘E’
A/26979/CP Cell/OS-PIII/UN MSN/T-Shirt/RC
dt 13 Mar 2020.
(Ref Para 13 of Part-I of RFP)

BG FORM FOR EARNEST MONEY DEPOSIT

Whereas …………………………………… (hereinafter called the “Bidder”) has submitted their


offer dated………………………………….for the supply of …………………… …………………
(hereinafter called the “Bid”) against the Buyer’s Request for proposal No.
………………………………………………

KNOW ALL MEN by these presents that WE ……………………………of


…………………………………………….. having our registered office at ……………………
………………………………………. are bound unto …………………. (hereinafter called the
“Buyer) in the sum of ……………………………………………………………………………for
which payment will and truly to be made to the said Buyer, 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 obligations are –


(1) If the Bidder withdraws or amends, impairs or derogates from the Bid in any respect
within the period of validity of this tender.
(2) If the Bidder having been notified of the acceptance of his tender by the Buyer during
the period of its validity.
(a) If the Bidder 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 Buyer up to the above amount upon receipt of its first written
demand, without the Buyer having to substantiate its demand, provided that in its demand the
Buyer 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
28

Appx ‘F’
A/26979/CP Cell/OS-PIII/UN MSN/T-Shirt/RC
dt 13 Mar 2020.
(Ref Para 2 (a) of Part-II of RFP)

UN MISSION SPECIFICATION NAME OF THE PRODUCT – T-SHIRT SPORTS (WHITE)


29
30
31

Appx ‘G’
A/26979/CP Cell/OS-PIII/UN MSN/T-Shirt/RC
dt 13 Mar 2020.
(Ref Para 5 (b) of Part-II of RFP)

REQUEST FOR DP EXTENSION

1. SO No & date :

2. Item on SO :

3. Qty on SO :

4. Original DP : (a)

(b)

(c)

5. Re-fixed DP :

6. No of DP extn availed till date :

7. Qty supply till date :

8. Qty balance to be supply :

9. Qty under inspection with AHSP :


(Quote Challan No & date)

10. DP extn now sought for : (a) With LD


(No of days)
(b) Without LD

11. Valid Reason : (a) With LD

(b) Without LD

12. Undertaking – I, Mr ________, owner of ________ hereby undertake the following:-

(a) That i will supply complete qty with in extended DP and will not ask for anymore
DP extn.

(b) That i will not represent later for deduction of LD on account of DP extn.

(c) That i am fully aware that min of 30 days is required for processing of DP extn
case for which i am liable for LD if not applied for DP extn within 30 days prior to original
10DP.
32

Appx ‘H’
A/26979/CP Cell/OS-PIII/UN MSN/T-Shirt/RC
dt 13 Mar 2020.
(Ref Para 1 of Part-IV of RFP)

PERFORMANCE BANK GUARANTEE FORMAT

From
Bank _______________

To
The President of India
Ministry of Defence
Government of India
New Delhi
Dear Sir,

1. Whereas you have entered into a contract No_________________ dated __________


(hereinafter referred to as the said Contract with M/s _______________, hereinafter referred to
as the “seller” for supply of goods as per Part-II of the said contract to the said seller and
whereas the seller has undertaken to produce a bank guarantee for (%) of total Contract value
amounting to ______________ to secure its obligations to the President of India. We the
________________bank hereby expressly, irrevocably and unreservedly undertake and
guarantee as principal obligors on behalf of the seller that, in the event that the President of
India declares to us that the goods have not been supplied according to the Contractual
obligations under the aforementioned contract, we will pay you, on demand and without demur,
all and any sum up to a maximum of _________________Rupees __________________only.
Your written demand shall be conclusive evidence to us that such repayment is due under the
terms of the said contract. We undertake to effect payment upon receipt of such written
demand.

2. We shall not be discharged or released from this undertaking and guarantee by any
arrangements, variations made between you and the Seller, indulgence to the Seller by you, or
by any alterations in the obligations of the Seller or by any forbearance whether as to payment,
time performance or otherwise.

3. In no case shall the amount of this guarantee be increased.

4. This guarantee shall remain valid for .......months from the date of JRI acceptance of test
consignment in India or until all the store, spares and documentation have been supplied
according to the contractual obligations under the said contract.

5. Unless a demand or claim under this guarantee is made on us in writing or on before the
aforesaid expiry date as provided in the above referred contract or unless this guarantee is
extended by us, all your rights under this guarantee shall be forfeited and we shall be
discharged from the liabilities hereunder.

6. This guarantee shall be a continuing guarantee and shall not be discharged by and
change in the constitution of the Bank or in the constitution of
M/s_________________________________________.
33

Appx ‘J’
A/26979/CP Cell/OS-PIII/UN MSN/T-Shirt/RC
dt 13 Mar 2020.
(REF PARA 15 OF PART-IV OF RFP)

OEM CERTIFICATE
TO

Government of India
Integrated Headquarters MoD (Army)
Master General of Ordnance Branch
Dte General of Ordnance Services
CP Cell, ‘D-II’ Wing, Sena Bhawan
Room No 101, New Delhi-110 001

SUB: OEM AUTHORIZATION OF CHANNEL PARTNER OF OUR PRODUCTS FOR


EMPANELMENT UNDER CONTRACT WITH CP CELL, IHQ OF MOD (ARMY), CP CELL, ‘D-
II’ WING, SENA BHAWAN, ROOM NO 101 AND SUPPLIED TO GOVT OF INDIA.

Dear sir,

1. We are the reputed original equipment manufacturer (OEM) and authorize our under
mentioned indian channel partner firm to submit/negotiate the tender, process the same further
and enter into rate contracts for (manufactured products to govt user in india).

2. We further confirm/certify/undertake the following:-

(a) The said channel partner shall quote offer supply our OEM products at most
competitive price and commercial terms which are settled from time to time based on
requirements and market conditions.

(b) No other supplier / firm / company or individual is authorized by us for the said
purpose (rate contracts).

(c) Our OEM standard guarantee / warrantee shall be applicable for our products,
which shall be supplied by the said channel partner under rate contract.

(d) The products supplied against rate contract will be brand new, in our current
production. The versions going out of productions and / or upgraded shall also be
immediately informed to the purchaser.

(e) Our said channel partner would sign and execute all required documents
including integrity pact for said purpose with the purchaser and continue to perform up
to validity period mentioned hereunder and also extendable thereafter.

(f) We also agree to submit all the required certificate including quality certification
for our OEM products and audited financial documents as and when required by the
purchaser.

(g) In event of failure on the part of said channel partner, the pending liabilities under
the rate contracts shall be complied by us through our changed channel partner.

(h) In the event of any change in the aforesaid matter, the same shall be immediately
informed to the purchaser.

3. Our channel partner details are briefly stated as under :-

(a) __________________________
(Name and complete address of main/head office of OEM, including name of concerned
contracts official, phone number and e-mail).

(b) __________________________
(Name and address (es) of all the manufacturing /production facilities of OEM across the
glob evidencing country of origin of concerned products)
34

(c) __________________________
(List of board category of concerned products including specific models of OEM for rate
contract).

(d) __________________________
(Name and complete address of the said channel partner firm including name of
concerned official , phone number and e-mail).

(e) __________________________
(Present validity period of this authorisation / agreement , extendable thereafter )

4. This authorization / agreement has been signed , executed and extended from time to
time if any by us , duly signed by our authorized authority who is the competent authority in
accordance with the power of attorney authorized by our bd of director (evidence encl).

Enclosure: as above.

Date :

Place:

Yours faithfully,

___________
___________

(Signature with date, name and designation)


For and on behalf of M/s ________________

(Name , Address and stamp of the OEM on their letter head)


Copy to :_

M/s ____________
_______________

(Name and full address channel partner)

Note : This letter of authorization should be on the letter head of the manufacturing firm
(OEM) and should be signed by a person competent and having the power of attorney to
legally bind the manufacturer (OEM). Documents evidencing the same to be attached.

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