Professional Documents
Culture Documents
Tendernotice_2
Tendernotice_2
__________________
__________________
(Name of the Vendor)
2. On-line Bids under Open Tender Enquiry (Two Bid System) are invited for supply of
item listed in Part-II of this RFP by the 235 Engineer Regiment for and on behalf of the
President of India. The tender reference number is 1008/Qtn/2018-19/85/OPW dated 05
Dec 2018 and can be viewed at www.eprocure.gov.in.
3. The address and contact numbers for sending bids or seeking clarifications
regarding the RFP are given below:-
(b) Postal address for sending the bids - 235 Engineer Regiment
Pin - 914235
c/o 56 APO
(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/store required, such as
the schedule of requirements (SOR), technical specifications along with drawing,
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.
5. 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 time upto freezing of bide/bid submission
end date &time without any penalty / forfeiture of EMD.
6. Placement of Order. The purchase order will be placed after evaluation of bids
on successful bidder (S) or L1 firm (S).
Yours faithfully,
Sd/xx—xx—xx-
Engineer Planning Officer
for Commanding Officer
Enclosures: (As above)
Copy to :-
PART –I
GENERAL INFORMATION
1. Critical Dates. The critical dates with respect to the Tender Ref No
1008/Qtn/2018-19/85/OPW dt 05 Dec 2018 are as follows:-
CRITICAL DATE SHEET
Ser No Events Date Time
(a) Published Date
(b) Bid Document Download Date
(c) Clarification Start Date
(d) Pre bid meeting Date
As uploaded in CPP Portal
(e) Bid Submission Start Date
(f) Clarification End Date
(g) Bid Submission End Date
(h) Bid Opening Start Date
2. Manner of depositing the bids. The bids will be submitted through online mode of
Central Public Procurement Portal (CPPP) https://eprocure.gon.in/ e-procure / app.
However, certain documents would be reqd to be submitted physically to be dropped in the
tender box at the prescribed location / address. Details are as follows:-
(a) On-line Submission.
(i) Cover-I. Cover – I will content the technical bids consisting of the
following documents:-
(ii) Cover-II. Cover – II, will content the financial bids consisting of the
following documents:-
3. Time and Date for Opening of Bids. Date and time as uploaded in CPP Portal at
235 Engineer Regiment after closing of tender (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).
4. Location of the Tender Box. Tender Box Marked as TENDER BOX for Op Wks
assets will be kept near the OT Cell at 235 Engr Regt, Pin – 914235, C/o 56 APO.
Following guidelines may be followed while submitting the documents:-
(a) The physical receipt of documents specified at Para 2 (b) above shall be
mandatory prior to bid submission closing time.
(b) Non receipt of the physical documents as mentioned at Para 2 (b) shall render
non acceptance of the bid.
(c) Only those document specified in the tender document and are found in the
tender box will be opened.
(d) Specified documents (Bids) dropped in the wrong Tender Box will be rendered
invalid.
5. Place of Opening of the Bids. Opening of the bids can be witnessed on-line by the
bidders by logging in to the e-procurement site at the date and time given in Para 1 of Part
I. The covers in which physical documents have been submitted will also be opened on the
same date and time at 235 Engr Regt, c/o 56 APO. The list of documents submitted will be
read out in the presence of representatives of bidders. This event will not be postponed due
to non-presence of your representative.
(a) The Technical Bids shall be opened as 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 CPPP (http://eprocure.gov.in).
(b) The Commercial Bids of those Bidders whose Technical Bids meet all the
stipulated (Technical) requirement shall be opened. The date of opening will be
intimated to the bidders through CPP Portal (http://eprocure.gov.in).
(b) The Commercial Bids should be submitted by the bidder “Online Only”.
(c) The Technical & Commercial Bid should be submitted by the bidder duly
digitally signed by the legal owner of the firm or the person authorise by him to do
so. Instructions 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 are attached as Appendix ‘B’. The price quoted should be
shown separately as basic price and taxes of all applicable prevalent taxes.
9. Modification and Withdrawal of Bids. A bidder may modify or withdraw his bid
after submission provided that the written notice of modification of withdrawal is received by
the buyer prior to deadline prescribed for submission of bids. A withdrawal notice may be
sent by fax but it should be followed by a signed confirmation copy to be sent by post ad
such signed confirmation should reach the purchaser not later than the deadline for
submission of bids. No bid shall be modified after the deadline for submission of bids. No
bid may be withdrawn in the interval between the deadline for submission of bids and
expiration of the period of bid validity specified. Withdrawal of a bid during this period will
result in bidder’s forfeiture of bid security.
10. Clarification Regarding Contents of the Bids. The detailed instructions for
bidders are attached as Appendix ‘B’. 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. No post-bid clarification on the initiative of the bidder will be
entertained.
Company’s Stamp/Seal Signature_____________
(Authorized Signature)
Date : Name
1008/Qtn/2018-19/85/OPW dt 05 Dec 2018 P a g e 6 of 42
11. Rejection of Bids. Canvassing by the bidder in any form, unsolicited letter and
post-tender correction may invoke summary rejection with forfeiture of EMD. Conditional
tenders will be rejected.
12. 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 tender
inquiry.
13. Validity of bids. The Bids should remain valid till 180 days from the last date of
submission of the Bids as extended.
14. Earnest Money Deposit (EMD). Bidders are required to submit Earnest Money
Deposit (EMD) for amount of Rs 25000.00 of the bid payable to Commanding Officer, 235
Engineer Regiment along with their bids. The EMD should be submitted in the form of an
Account Payee Demand Draft, Fixed Deposit Receipt, Banker’s Cheque or Bank
Guarantee from any of the public sector banks or a private sector bank authorised to
conduct government business as per Form DPM -16 (Available in MOD Website and can
be provided on request). EMD is to remain valid for a period of 45 days beyond the final bid
validity period. 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 30th day after the award of the
contract. The bid security of the successful bidder would be returned, without any interest
whatever, after the receipt of performance Security from them as called for in the
contract.EMD is not required to be submitted by those Bidders who are registered for
the same items/range of products/goods or services with the Central Purchase
Organization (e.g. DGS&D), National Small Industries Corporation (NSIC) or any
Department of MoD or MoD itself. 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
their tender.
15. Bank Guarantee (BG) . The firm shall submit a BG (of PSU Banks only) of 10%
of the total amount of the supply order in favour of consignee valid for a period of
26 months (two months after expiry of warranty period) from the date of completion of
100% supplies. BG will be submitted within 30 days of the date of supply order. The firm
will forward the original BG to consignee and photocopy of the same will be forwarded to all
concerned. BG will be encashed without any notice to the supplier, if any defect is brought
to the notice of the firm and supplier has not rectified the defects within the period of four
(04) weeks of the complaint. No payment will be made in absence of a valid BG.
16. Forfeiture of Bank Guarantee (BG)/ Earnest Money(EMD) The BG/EM will be
liable to be forfeited if the bidder withdraws or amends impairs or derogates from the bid, in
case of L1 bidder if the bidder withdraws or amends, impairs or derogates Supply Order in
any respect within the validity period of the quotation/Supply Order.
(b) All documents mentioned in Para 2 (b) will be submitted physically in Tender
Box placed at 235 Engineer Regiment. In case of failure of submitting the
documents / missing of any documents, the bidder will be ineligible for participating.
(a) A Vendor or seller as defined in Para 1.4.21 of DPM 2009 who is registered
for this item or similar range of products/goods with Central Purchase
Organization or DGQA would be eligible to bid. Registration of the firm must be
valid on the date of opening of technical bids.
(b) OEMs can also apply.
(c) Authorised dealers / suppliers qualifying criteria as mentioned in Appendix
‘F’ may also apply.
(d) All documents will be submitted physically in Tender Box placed at 235
Engineer Regiment. In case of failure of submitting the documents / missing of
any documents listed in Appendix ‘F’, the bidder will be ineligible for
participating.
19. As per amendment to DPM 2015 L1 will be considered only on basic rates including
freight charges (ie. column No 9 of BOQ).
20. GST column (ie column No 8 of BOQ) is mandatory to be filled by vendor during
filing the tender failing which it will be treated as incomplete tender and bids will be
rejected.
PART - II
7. Rate for FOR at (Radius of 50Km) Nyoma (J & K) in figures __________ in words
_________
10. Make The quality and sizes of the various types of items provided or used while
supply or fabricating shall be conforming to relevant technical specifications.
11. Notes
(b) Items mentioned are tentative and subject to change and dealer is
responsible for making up deficiency if arises as per site requirement.
(c) The quality and sizes of the various types of items provided or used while
supply or fabricating shall be conforming to relevant technical specifications,
having ISI mark on them and of best quality.
(d) Any item which is necessary for execution / completion of work will be
provided by the firm supplying the material without any extra cost.
(v) Any omission would be made good by vendor free of cost which is reqd as
per sound engineering practice and prevailing IS Rules.
(b) Delivery of Stores. The time for delivery is 60 days from date of issue of SO.
In case of delivery can’t be given at Nyoma due to the closure of roads, the store can
be delivered at Srinagar/ Jammu/ Pathankot (as decided by Purchase Officer) for the
interim period of closure of road as decided by Purchases Officer. The stores will
then be delivered at the earliest on opening of the road within 50 Km of Nyoma. The
firm shall give on additional BG 30% (PSU Banks only) in favours of consignee
valid for a period of 12 months as a transportation cost of stores from Srinagar/
Jammu/Pathankot as decided by Purchases Officer to Nyoma. The BG will be en-
cashed without notice in case the supplier fails to deliver these stores from Srinagar/
Jammu/ Pathankot to Nyoma (50 km radius) within 60 days of opening of the road
axis. Any loss/ discrepancy in transit of these of the vendor & vendor has to make
good for the losses/ breakage occurred, if any.
(c) Supply will be completed within 60 days from the date of issue of Supply
order &will be physically completed by due date and shall be received by consignee
unit at the specified location.
(d) The supply order can be cancelled unilaterally by the buyer in case items are
not received within the delivery period. Extension of delivery period with/without LD
will be at the sole discretion of the buyer.
13. Stencil marking must be done with Paint on all major components and following must
be written:-
(a) Firm’s name.
(b) Supply order No and year.
(c) Name of the component.
(d) Job No OT/NC/XIV/ /2018-19.
14. Quality Control. Accepting officer is free to get all parts/any part checked for
quality confirmation as given in the Technical Specification. Cost of testing will be borne by
the supplier.
PART III
1. Law. The contract shall be considered and made in accordance with the law 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 contract. The contract shall come into effect on the date of
signatures of both the parties on the contract (effective date) and shall remain valid until the
completion of the obligations of the parties under the contract. The deliveries and supplies
and performance of the services shall commence from the effective date of the contract.
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 disfavour 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 Prevention of Corruption Act, 1986 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 of
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 contract and has not engaged any individual or firm, whether Indian or foreign
Company’s Stamp/Seal Signature_____________
(Authorized Signature)
Date : Name
1008/Qtn/2018-19/85/OPW dt 05 Dec 2018 P a g e 13 of 42
8. Liquidated Damages (LD). 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 this contract 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 (01 months) 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 (01 months) provided Force Majeure clause is include in contract.
(d) The buyer has noticed that the seller has utilized the 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 or registered pre-
paid mail/airmail, addressed to the last known address of the party to whom it is sent.
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 indemnity 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.
14. Taxes and Duties. Taxes and duties as applicable to indigenous bidders shall be
governed as under:-
(a) In respect of Foreign Bidders - Not applicable
(b) In respect of Indigenous Bidder:-
(i) General.
(aa) Bidders must indicate separately the relevant Taxes/Duties
likely to be paid in connection with delivery of completed goods
specified in RFP. In absence of this, the total cost quoted by the in
their bids will be taken into account in the ranking of bids.
(ab) If a Bidder is exempted from payment of any duty/tax upto any
value of supplies from them, he should clearly state that no such
duty/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.
(ac) Any changes in levies, takes and duties levied by Central/State/
governments such as GST, Octroi/entry tax, etc on final product
upward as a result of any statutory variation taking place within
contract period shall be 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, the actual quantum
of reduction of such duty/tax shall be reimbursed to the Buyer by the
Seller. All such adjustments shall include all reliefs, exemptions,
rebates, concession etc, if any, obtained by the Seller, Section 64-A of
Sales of Goods Act will be relevant in this situation.
Company’s Stamp/Seal Signature_____________
(Authorized Signature)
Date : Name
1008/Qtn/2018-19/85/OPW dt 05 Dec 2018 P a g e 15 of 42
15. Penalty. In the event of breach of agreement on any account or non supply of
material, OC shall have the right to cancel supply order and purchase the stores at the risk
and cost of original supplier. Additional expenditure incurred on this account shall be
recovered from the firm. If the supplier fails to supply the stores as per schedule of supply,
a penalty rate of ½% (Half Percent) of the value of default per week or part thereof will be
imposed upto a max of 10% (Ten Percent). If the delivery of stores by stipulated date is
expected date is expected to be delayed, due to any cause beyond the control of the
supplier, he will immediately on the happening of the event causing delay give notice in
writing to Commanding Officer 235 Engineer Regiment who after due consideration of
circumstances, may grant reasonable time / extension for delivery of stores. The decision of
Commanding Officer, 235 Engineer Regiment in this regard will be final and binding on the
supplier / firm.
16. Payment. 100% payment of the cost of the supply order can be made
immediately after complete stores delivered and received in fit for use condition by the
consignee / his authorised representatives after having checked and certified quality and
quantity. Commanding Officer,235 Engineer Regiment reserves the right not to accept
the stores after stipulated delivery period and cancel Supply order for balance quantity.
Decision of Commanding Officer 235 Engineer Regiment will be final and binding in this
regard. Bill in triplicate original copy duly stamped & pre-receipted will be submitted to
consignee’s unit for audit verification & payment. Original copy of supply order and
amendment if only will be attached with the bill. In case of dispute of any nature concerning
supply & payment the decision of Commending Officer, 235 Engineers Regiment will be
final & binding. Payment will be made on completion of supply of store & after they have
been inspected & approved by the Board of Officers.
Company’s Stamp/Seal Signature_____________
(Authorized Signature)
Date : Name
1008/Qtn/2018-19/85/OPW dt 05 Dec 2018 P a g e 16 of 42
PART IV
2. Option Clause. This contract has an Option Clause, wherein the Buyer can
exercise an option to procure an additional 50% or less 50% of original contracted quantity
in accordance with the same terms & conditions of the present contract. This will be
applicable within the currency of contracts of the present. It will be entirely the discretion of
the Buyer to exercise this option or not.
3. Repeat Order Clause. This contract has a Repeat Order Clause, wherein the
Buyer can order upto 50% quantity of the items under the present contract within six
months from the date of successful completion of this contract, cost, terms & conditions
remaining the same. It will be entirely the discretion of Buyer to place the Repeat order or
not.
4. Tolerance Clause. To take care of any change in the requirement during the period
starting from issue of tender enquiry till placement of the contract, buyer reserves the right
to 50% plus/minus increase or decrease the quantity of the required goods upto that limit
without any change in the terms & conditions and prices quoted by the Seller. While
awarding the contract, the quantity ordered can be increased or decreased by the Buyer
within this tolerance limits.
5. Payment Terms. 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/NEFT 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 Electronic Clearing System is at Form DPM-11 (available in MOD
website and can be provided on request).
(a) Seller is not eligible for payment of payment of partly delivered stores.
Payment will be released on receipt of 100% stores as mentioned in Supply order at
the direction of Commanding Officer, 235 Engineer Regiment.
8. Fall Clause. The following fall clause will form part of the contract placed on
successful bidder:-
(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 offer to
sell stores of identical description to any person/organisation including the purchaser
or any department of the Central Government or any department of State
Government or any statutory undertaking the Central or State Government as the
case may be during the period till 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/organisation including the buyer or any
department 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, the shall forthwith notify
such reduction or sale or offer of sale to the Director General of Supplies &
Disposals 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:-
(ii) Sale of goods as original equipment at price lower than the prices
charged for normal replacement.
(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/organisation including the
purchaser or any department of Central Government or any Department of a state
Government or any Statutory Undertaking of the Central Government or any
Government as the case may be upto 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 (a),(b) and (c) of sub-para (ii) above
details of which are given below –
(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 10% of the value of the contract:-
(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.
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.
12. Specification. The following specification clause will form part of the contract
placed on successful Bidder – the Seller guarantees to meet the specifications as per Part
– II of tender enquiry 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, in digenisation 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 up
gradation/alterations will be provided to the Buyer free of cost within 90 days of affecting
such up gradation/alterations.
13. OEM Certificate. In case the Bidder is not the OEM, the agreement certificate
with the OEM for sourcing the spares shall be mandatory. However, where OEMs do not
exist, minor aggregates and spares can be sourced from authorized vendors subject to
quality certification. Vendors are required to submit a certificate that either they are OEM or
auth dealer of OEM, in which case they should submit the current dealership certificate
issued by the OEM.
15. Earliest acceptable year of manufacture is 2017. Quality / life certificate will
need to be enclosed with the bill.
16. Buyer Furnished Equipment. NA
17. Transportation. The stores will be delivered at designated location as mentioned
in this RFP or any such location within 50 KM of consignee’s end. Rate should be quoted
for delivery of stores at engineer stores detachment established at the site of construction
within given distance. Seller will make his own arrangements to pay all charges including
transit insurance as applicable and the cost thereof and will be responsible for defect free
delivery of stores at destination.
18. Packing and marking. The following packing and marking clause will form part
of the contract placed on successful bidder:-
(a) The seller shall provide packing and preservation of the equipment and
spare/goods contracted so as to ensure their safety against damage in the
conditions of land, sea and air transportation, transshipment, storage and weather
hazards during transportation, subject to proper cargo handling. The seller shall
ensure that the stores are packed I containers, which are made sufficient strong and
with seasoned wood. The packing cases should have hooks for lifting by crane/fork
lift truck; Tags with proper marking shall be fastened to the special equipment,
which cannot be packed.
Company’s Stamp/Seal Signature_____________
(Authorized Signature)
Date : Name
1008/Qtn/2018-19/85/OPW dt 05 Dec 2018 P a g e 21 of 42
(b) The packing of the equipment and spares/goods shall conform to the
requirements of specifications and standards in force in the territory of the Seller’s
country.
(c) Each spare, tool and accessory shall be packed in separate cartons. A
label in English shall be pasted on the carton indicating the under mentioned details
of the item contained in the carton. A tag in English with said information shall also
be attached to six samples of the item. If quantity contracted is less than six then
tag shall be affixed to complete quantity contracted of the item. The cartons
shall then be packed in packing cases as required.
(e) If necessary, each package shall be marked with warning inscriptions :<Top>,
“do not turn over”, category of cargo etc.
(f) Should any special equipment be returned to the Seller by the Buyer, the
latter shall provide normal packing, which protects the equipment and spares/goods
from the damage of deterioration during transportation by land, air or sea. In this
case the Buyer shall finalize the marking with the Seller.
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 for in Seller’s country or specifications enumerated as per tender enquiry. The
seller confirms that the stores to be supplied under this contract shall be new i.e. Not
manufactured before 2017, 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 interchange ability 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. Seller would provide the Standard Acceptance Test
Procedure (ATP) within 01 month of this date of contract. Buyer reserves the right to modify
the ATP. Seller would be required to provide all test facilities at his premises for acceptance
and inspection by buyer. The details in this regard will be coordinated during the
negotiation of the contract. The item should be of the latest manufacture, conforming to the
current production standard and having 100% defined life at the time of delivery.
21. Inspection Authority. The inspection will be carried out by the board of officers
the mode of inspection will be user inspection.
24. Pilot Sample. The first prototype of the shelter/ stores/items completer in all
respects will be made available dully erected / ready for inspection within 15 days of
placing supply order at factory premises on demand. This prototype will be kept erected till
completion of supply. This prototype will be inspected team detailed by the formation
HQ/Unit placing the SO. Balance supply will be made within 4 weeks of certification of
quality of prototype by this department. Failure in providing with pilot sample upto the
required specifications or pilot sample not being recommended as per required
specifications by the inspection team will result in cancellation of supply order.
25. Franking clause. The following franking clause will form part of the contract
placed on successful bidder:-
(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 right 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.”
26. Claims. The following Claims clause will from part of the contract placed on
successful Bidder.
(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 30
days of completion of JRI and acceptance of goods. The quantity claim shall be
submitted to the seller as per Form DPM-22 (Available in MoD website and can be
given on request).
(c) The quality claims for defects or deficiencies in quality noticed during the JRI
shall be presented within 30 days of completion of JRI and acceptance of goods.
Quality claims shall be presented for defects or deficiencies in quality noticed during
warranty period earliest but not later seller as per Form DPM-23 (Available in MoD
website).
(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
Company’s Stamp/Seal Signature_____________
(Authorized Signature)
Date : Name
1008/Qtn/2018-19/85/OPW dt 05 Dec 2018 P a g e 23 of 42
documents shall be enclosed to the presented claim. The Seller will settle the claims
within 30 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.
27. Warranty The following warranty will form part of the contract placed on
successful bidder:-
(a) The Seller warrants that the goods supplied under the contract conform to
technical specifications prescribed and shall perform according to the said technical
specifications.
(b) The Seller warrants for a period of minimum 24 months from the date of
acceptance of stores by Joint Receipt Inspection or date of installation and
commissioning, whichever is later, that the goods/stores supplied under the
contract and each component used in the manufacture thereof shall be free
from all types of defects/failures.
(c) If within the period of warranty, the goods are reported by the buyer to have
failed to perform as per the specifications, the seller shall either replace or rectify the
same free of charge, within a maximum period of 45 days of notification of such
defect received by the seller, provided that the goods are used and maintained by
the Buyer as per instructions contained in the operating manual. Warranty of the
equipment would be extended by such duration of downtime. Record of the down
time would be maintained by the user in the logbook. Spares required for warranty
repairs shall be provided free of cost by the seller. The seller also undertakes to
diagnose, test, adjust, calibrate and repair/replace the goods/equipment arising due
to accidents by neglect or misuse by the operator or damage due to transportation of
the goods during the warranty period, at the cost mutually agreed to between the
buyer and the seller.
(d) The seller also warrants that necessary service and repair back up during the
warranty period of the equipment shall be provided by the seller and he will ensure
that the downtime is within 20% of the warranty period.
(e) The seller shall associate technical personnel of the maintenance agency and
quality assurance agency of the buyer during warranty repair and shall also provide
the details of complete defects, reason and remedial actions for defects.
28. Performance Bank Guarantee. An amount equal to 10% the cost of drawings of
the remain under bank guarantee for a period of 26 months (two months after expiry of
warranty period) from the date of completion of 100% suppliesas performance bank
guarantee. The vendor shall furnish a performance bank guarantee as stated hitherto fore.
29. Risk Expense Maintenance. It will be undertaken by the users in the event
supplied sales to honor the contracted obligations with in the stipulated period as specified
in warranty clause. The supplier shall be issued with proper notice before resorting to risk
maintenance in case of risk maintenance is restarted to the supplier is liable to pay the
amount spend by the Govt, if any in obtaining the said services through a fresh contract
that is the defaulting recovery such amount will be considered by the user while taking a
decision to invoke the provisions of risk maintenance.
31. Cancellation. In case the supply of items is not completed within stipulated
period, or if defective is made in respect of stores and the defective delivery is not
replaced/rectified within discretion of Accepting Officer i.e. Commanding Officer, 235
Engineer Regiment.
PART V
(a) Only those Bids will be evaluated which are found to be fulfilling all the
eligibility and qualifying requirements of the Tender Enquiry, 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 Tender Enquiry. The compliance of Technical
Bids would be determined on the basis of the parameters specified in the Tender
Enquiry. 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
bidder as per the price format given at para 2 below. L1 bidder will be
determined by excluding levies, tax and duties levied by Central, State, Local
governments such as GST (in the form of CGST and SGST or IGST) or
taxes/charges by local bodies etc on the final product, as quoted by the bidders.
(d)In import cases, all the foreign quotes will be brought to a common denomination
in Indian Rupees by adopting the exchange rate as BC selling rate of the State Bank
of India on the date of the opening of Price Bids.
(e) 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.
(f) The Lowest Acceptable bid will be considered further for placement of
contract/ Supply Order after complete clarification and price negotiations as
decided by the buyer. The buyer will have the right to award contracts to
difference bidders for being lowest in particular items. The buyer also reserves
the right to do Apportionment of Quantity, if it is convinced that Lowest Bidder
is not in a position to supply full quantity in stipulated time.
2. Price Bid Format. (To be used for L-1 determination) The Bidders are required to
fill the Price Bid Format (BoQ.xls) up correctly with items / requirements as mentioned in
Part – II of RFP.The commercial bid format is provided as BoQ.xls along with this tender
document at (https://eprocure.gov.in) as per Annexure to the RFP. The Bidders are
required to download this BoQ.xls as it is and quotes their offer in the permitted column.
Determination of L1 will be done based on the amount calculated from the basic rate (basic
rate X quantity ordered) excluding taxes, levies and duties on final product.
Appendix ‘A’
(Ref para 2 (a)Part-I of RFP)
To,
______________________
______________________
Name of Tender/Work:
_______________________________
_______________________________
Dear Sir,
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.
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).
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)
Company’s Stamp/Seal Signature_____________
(Authorized Signature)
Date : Name
1008/Qtn/2018-19/85/OPW dt 05 Dec 2018 P a g e 27 of 42
Appendix ‘B’
(Ref para 10 Part-II of RFP)
Instructions 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 are as follows
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 e-mail ID. All the correspondence shall be made directly with the
contractors/bidders through e-mail ID provided.
3. Bidder need 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/nCode/eMudra 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.
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 construed 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 update 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.
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 Tender FEE/ 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 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.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.
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 a mail over to – cppp-nic@nic.in .
30. All the pages of Technical Bid and unfilled commercial should have been duly signed
by the bidder/auth rep and hard copy will be submitted in the office of TIA.
31. 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.
Appendix ‘C’
(Ref para 2 (a) Part-I of RFP)
Place : Signature_____________________
Name of Signatory in Block letters)
Date : (Completer address of the firm, and firm’s Seal)
Appx ‘D’
(Ref to Pt- II of RFP)
TECHNICAL SPECIFICATION OF ITEMS / STORES / SERVICES REQUIRED FOR PROCUREMENT STORES FOR OP WKS ASSETS FOR 235
ENGINEER REGIMENT OUT OF OP WKS FUND FOR THE FY 2018-19
Appx ‘E’
(Ref to Para 2 (a) Pt- I of RFP)
APPROVED MAKE LIST: OP WKS ITEMS
67 FIBRE GLASS HUT (FGH), FRP SINCE THESE ARE FABRICATED ITEMS, ALL
STRUCTURES, SINGLE/DOUBLE COMPONENTS SHALL BE CONFORMING TO
BUNKS, STORAGE RACKS, RELEVANT IS CODE AND MAKE AS
LIGHTENING CONDUCTOR, ELECTRIC MENTIONED AGAINST RESPECTIVE ITEM
HAMAM, SOAKAGE PIT COVER, HERE-IN-ABOVE.
STAGING FOR WATER TANK, IRON
FOOT MAT, IRON FOOT SCRAPPER,
SNOW SCRAPPER, BARBED WIRE
ETC
Appx ‘F’
(Ref to Para 18 (c) Pt- I of RFP)
(ab) That the said immovable property has not been shown for
seeking enlistment of a sister concern in HQ 14 Corps.
(aci) That the said immovable property will not be sold, transferred,
gifted or otherwise disposed off without prior intimation to the
registering authority. While giving such prior intimation, new affidavit for
alternate immovable property of value at least equal to minimum
requirement as per scales along with valuation report from registered
Valuer shall also be submitted, failing which the Registering authority
may declare the contractor un-enlisted or may take action as deemed
fit till acquiring alternate immovable property by the Contractor.
(vii) Valuation report from registered [with any Government body] Valuer for
immovable property clearly indicating ownership details. Alternatively the
Contractor may submit certificate from the Deputy Commissioner/
Collector/ First Class magistrate or assessment of wealth tax authorities.
(viii) Affidavit for movable property [Tools & Plants, 3achinery, Transport
etc.] indicating value of movable property. If certain movable property is being
considered towards requirements of minimum reserve, endorsements as
required for immovable property shall also be given on affidavit for movable
property and valuation report from Registered [with any Government body]
Valuer for movable property clearly indicating ownership details shall
also be submitted.
(x) Working capital certificate from the scheduled Bank as per specimen
enclosed.
(xvii) Affidavit that “No Sister Concern” with any other firm.
Note:-
(i) All the documents submitted by the Contractor shall be signed by him.
(iii) All the affidavits shall be given on Non-Judicial Stamp Paper of value
_100.00 duly signed by the Contractor and attested by the Magistrate/ Notary
Public.
(i) The tenderer should have working capital and/or credit facilities of at
least 10% of the estimated cost of work as given in NIT for each Part.
(ii) The tenderer should have immovable property of residual market value
(i.e. free from loan/mortage) of atleast 10% of estimated cost of work given in
NIT each Part
(d) Available Bid Capacity (ABC) as per formula given here-in-after should be
more than the estimated cost of work given in NIT.
(iv) Tenderer should have not been blacklisted by any Govt Deptt.
(v) There should not be any Govt dues outstanding against the tenderer.
(vi) Tenderer should not be habitual litigant i.e. having more than 3
unsuccessful arbitration/court cases during last 5 years in which his
views/claims substantially rejected.
Notes :-
(aa) The work may have been executed by the tenderer as prime
contractor or as a member of joint venture or sub-contractor. In case
project has been executed by a joint venture, weightage towards
experience of the project would be given to each member in proportion
to their participation in the joint venture.
A - Maximum value of all similar works in any one year during the last
5 financial years (updated to the current price level with enhancement
factors as given below)
3. 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.
This is certified that to the best of our knowledge and information M/s. / Shri / Smt.
_____________ having address ___________________, a customer of our bank are/ is
respectable and can be considered solvent up to _ ________ [Rupees ________] /
Financially sound for any engagement up to _ __________ [Rupees _______]. This
certificate is issued without any guarantee or responsibility on the bank or any of the
officers.
Company’s Stamp/Seal Signature_____________
(Authorized Signature)
Date : Name
1008/Qtn/2018-19/85/OPW dt 05 Dec 2018 P a g e 42 of 42
[Signature]
Name, Designation and Personal Code No of Signatory
Note: In case of partnership firm, certificate to include names of all partners as recorded
with the bank
________________________________________________________________________
This is certified that M/s. / Shri / Smt. _________ having address _____________ have/has
been maintaining a Saving Bank Account / Current Account / Fixed Deposit Account with
this branch of bank since _______ and the firm is having working capital of approximately
____________ and / or the firm is enjoying overdraft / credit facilities up to limit of
____________. This certificate is issued without any guarantee or responsibility on the
bank of any or the officers.
[Signature]
Name, No & Seal of Bank
1 2 3 4 5 6 7 8