कृते एडमिरल अधीक्षक /The Admiral Superintendent दरू भाष /Telephone: 0891-2816337 नौसेना गोदीवाड़ा /Naval Dockyard फैक्स /Fax : 0891-2578501 ववशाखापतनि/Visakhapatnam Email: asdvmmatlp-navy@nic.in ** For any clarifications on Technical specification of subject item, please contact Manager (YU) on Tel. 0891- 2816444. Tender Enquiry To M/s (As per list of firms enclosed) Our Reference Date MAT/LPYS/MYU/3136/2015 12 May 16 INVITATION OF QUOTATION FOR SUPPLY OF SPARES FOR ROUTINES OF THE LOAD BANK Dear Sir, Quotations in sealed cover are invited for supply of “SPARES FOR ROUTINES OF THE LOAD BANK” as per list placed at Enclosure 1. Technical Specifications and Standard Conditions of Contract (SCOC) are placed at Encl-1 and 2 respectively. Model ECS Mandate Format is placed at Encl-3. Commercial bid is placed at Enclosure 5. Request forward your quotation in Single/Two bid system namely T-bid (Enclosure4) and commercial bid (Enclosure-5) 1. General information about the tender as follows:(a) Tender reference No. - MAT/LPYS/MYU/3136/2015 (b) Type of Tender - Single-Bid (c) Last date and time receipt and opening of Tender (d) Pre- Bid Meeting for - 03 Jun16 / 1430 Hrs - ------------------ (e) Place of receipt - (f) Place of Opening of bids - Tender Box ‘MMAT’ at Vijayanagar Gate, Naval Dockyard(V) M(MAT) Conference Room, 17 A Building, C. No. 03 (g) Quotation shall remain valid till 120 days from the date of opening of the Commercial Bid. (h) Supply of stores 60 days on receipt of Purchase Order (j) Address for Communication - till (k) Earnest Money Deposit (EMD) - - The Admiral Superintendent [for MMAT(LP)] Naval Dockyard, Visakhapatnam Rs.18,150/- (Refer para 30 of SCOC placed at Enclosure 2) in form of DD or BG. 2. PLEASE SUPERSCRIBE OUR REF NO. AND DATE OF TENDER OPENING ON SEALED COVER. FAILURE TO DO SO WILL RENDER YOUR OFFER INVALID 3. Quotation shall be forwarded in Single envelope:(a) Containing technical specifications and commercial terms and conditions along with catalogues/leaflets. On the top of the envelope “PRICE BID” is to be prominently written in CAPITAL letters and a transparent tape is to be affixed on all amounts quoted. (b) The envelope containing price terms in the format placed at enclosure 4. Envelope should be sealed and signed by the tenderer. 4. Sealed quotations titled as “Quotation for supply of SPARES FOR ROUTINES OF THE LOAD BANK dated 12 May 16” addressed to The Admiral Superintendent [for MMAT (LP)], Naval Dockyard, Visakhapatnam should be dropped in tender box marked as ”MMAT” placed at Vijayanagar Gate or to be sent by registered post so as to reach this office by due date and time. No responsibility will be taken for postal or non-delivery/non-receipt at tender documents. 5. Sealed quotations will be opened by a committee on due date and time. Your authorized representative from the company can attend the tender opening. Rates and important commercial /technical clauses quoted by all the bidders will be read out in presence of the representatives of all the bidders. This event will not be postponed due to non-presence of your representative. 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. All Firms are to indicate their official address, Phone and email-id to facilitate early communication with regards to tender process. 6. Your sealed quotations should reach Tender Box placed at Vijayanagar Gate latest by 1400 Hrs on 02 Jun 16. The Techno commercial bid would be opened by the committee on 03 Jun 16 at 1430 Hrs (or the next day in case of a closed holiday as brought out at para 5 above). 7. Tenders sent by fax, handwritten or e-mail will not be considered. To avoid any complications with regard to late receipt/ non receipt of tenders, it may please be noted that responsibility rests with the firm to ensure that the tenders reach The Admiral Superintendent [for MMAT(LP)], Naval Dockyard, Visakhapatnam before due date and time. Late quotes will be rejected out rightly. 8. Unwillingness to Quote. In case the supplier is not willing to quote due to any reasons, your regret should be faxed well before the due date failing which your firm can be de-listed from vendor list. 9. The techno Commercial Offer will be opened by a committee and if the supplier desires, may depute their representative, duly authorized in writing, to be present at the time of opening of tenders. Further negotiations will be made only with the lowest bidder (L1) as determined by the committee. 10. Clarification regarding contents of RFP: A prospective bidder who requires clarification regarding the contents of the bidding documents shall notify the buyer in writing about the clarification sought not later than 14 days prior to the date of opening of the bids. Copies of the query and clarification by the purchaser will be sent to all prospective bidders who have received the bidding documents. 11. Submission of Bids by Firms. The firms are required to submit their bid on original pad, inter alia, furnishing the TIN No, VAT / CST No, Bank Address with EFT Account No, complete postal and e-mail address. It is mandatory for the firms to submit ECS Mandate (form DPM -11) along with T- bids with details duly countersigned by authorized official from the Bank. The format of the form of DPM-11 is placed at Enclosure 3. The quotations received without above details and form of DPM-11 will be rejected. Form Fit and Function Certificate must be enclosed if the quoted item is different from the item required as per TE. 12. Quoting of Registration Number. The firms are required to quote their ND (V) registration number (if currently valid) with validity date. The firms registered with other central government organizations are to submit proof of registration with validity. The participating firms should be registered as ‘Supplier’ and not as ‘Maintenance/ Repairs/ Fabricating firm’. As far as possible, the participating in tenders should be registered. However, Unregistered firms (OEMs / OEM authorized reps only) participating in tender will have to prove their technical and financial capability prior opening of ‘Price Bids’. In case the bidder is not 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. 13. Delivery Schedule and Transportation. The delivery period is 60 days from the date of release of purchase order. However the supplier is required to indicate delivery of the item in the T-bid. The delivery shall be affected on door delivery basis by road at the purchaser premises. The delivery shall be accompanied by the following(a) Copy of Purchase order (b) Delivery Challan (c) Firm Invoice and duly signed NSO 25 form (d) Warranty/Guarantee Certificate (e) Packing List 14. Purchase order can be cancelled unilaterally by the purchaser in case items are not received with in the contracted delivery period. Extension of contracted delivery period will be at the sole discretion of the purchaser, with applicability of LD clause. 15. Liquidated damages @ 0.5% per week subject to a maximum of 10% of the total purchase order value will be recovered in case of delay in delivery beyond the accepted delivery period as enumerated at the enclosed SCOC. 16. Cost of Tender. The tender document can be downloaded from the government website “www.tender.gov.in”. The cost of the tender document is Rs 100/-(non refundable) and is required to be paid in the form of Demand Draft in favour of AAO (NAVY) payable at Visakhapatnam by all firms intend to participate in tendering including the registered and other firms receiving tenders by post from this office. The firms to forward the DD of Rs 100/- (Cost of Tender) along with the ’T’ bid. Tender bids received without cost of tender (Demand Draft) will be rejected and no correspondence in this regard would be entertained. 17. Prices must be quoted on F.O.R. Destination basis by road inclusive of Packing, Forwarding, Freight charges, Transit Insurance and any other charges as applicable. The consignee for the contract is The Admiral Superintendent, Naval Dockyard, Visakhapatnam. 18. Taxes & Levies.Should be quoted clearly in Technical bid & price bid. 19. Performance Guarantee. As per provisions of SCOC. 20. Quality Assurance : OEM Certificate should be submitted along with the items certified by a Government recognized Lab indicating that the items are Manufactured & Tested as per the Governing specifications indicated in the Tender. Items would be accepted subject to Inspection and clearance by Inspection authority intimated by the buyer. Supplier will have to provide all standard acceptance test procedure. Item should be of latest manufacture conforming to the current production standard having 100% defined life at the time of delivery. Evaluation Criteria 21. The broad guidelines for evaluation of offers will be as follows:(a) Only those offers shall be evaluated which are found to be fulfilling all the eligibility and qualifying requirements of the tender, both technically and commercially. (b) The lowest ‘Acceptable’ tender shall be considered further for placement of Supply Order after complete clarification and price negotiation as applicable. (c) Delivery within stipulated months of signing of contract shall be accepted. However, preference will be for shorter delivery period. 22. Standard Conditions of Contract (SCOC). The supplier shall be required to accept our standard conditions of contract (SCOC) copy of which is placed Encl 2. In addition standard clauses regarding agents/ agency commission, penalty for use of undue influence, access to books of accounts, arbitration and laws would be incorporated in the order. Firms are required to give undertaking for acceptance of same in writing and tenders received without acceptance would be rejected. 23. Pre-Bid Meeting. The list of items (Encl 1) and the SCOC (Encl 2) should be carefully considered while preparing the bids. All clarifications are to be resolved in the Pre-Bid Conference as held, prior submission of bids. It is essential for bidding firms to attend the Pre-Bid Meeting to understand the exact scope of work/ requirement of procurement. ND(V) reserves the right to disqualify vendors not attending the Pre-bid Meeting. If a Pre-Bid meeting is not held, vendors are to clarify technical/commercial issues with respective Managers prior to submission of the bids. No revision of Commercial Bid would be permitted after opening of the Technical Bid. 24. Payment Terms. 100% of cost within 30 days after receipt of material (including Inspection /Installation/Commissioning) and date of submission of bills. 25. Placement of Order. The tender is being issued with no financial commitment and purchaser reserves the right to change or vary any part thereof at any stage. Purchaser also reserves the right to withdraw the tender should it be so necessary at any stage. The purchase order will be placed on successful conclusion of negotiations on L1 firm. 26. Environment. Packing of all supplied items has must be done using bio-degradable material. Use of plastic to be strictly avoided. 27. Tender is being issued with no financial commitment and Purchaser reserves the right to change or vary any part thereof of the RFP at any stage. Purchaser also reserves the right to withdraw the tender should it be so necessary at any stage. 29. Please acknowledge receipt. Thanking you Yours faithfully, (Sd- - - - - - - - - - - - - - - - - -) (बी बिमन /B BURMAN) किाांडर / COMMANDER प्रबांधक सािग्री )एल वप(/ MANAGER MATERIAL (LP) कृते एडमिरल अधीक्षक / FOR ADMIRAL SUPERINTENDENT Enclosures:1. 2. 3. 4. 5. List of Items , Technical Specifications Standard Conditions of Contract Model ECS Mandate Format Technical Bid Format Evaluation Criteria & Price Bid format Enclosure 1 to ND (V) Tender Enquiry No MAT/LPYS/MYU/3136/2015 dated 12 May 16 LIST OF ITEMS AND TECHNICAL SPECIFICATIONS. SPARES FOR ROUTINES OF THE LOAD BANK Slno 1 Description of item AC KW Meter, ELF3234, Make: Conzerve Qty 1 Deno Nos 2 Blower with impeller, Make: Kirlosar Model: AW600, Capacity: 1HP, Current 2.1Amps, Voltage: 415V, 3 Ph, 1400 RPM, class:H 1 Nos 3 DC ACB, Make: Siemens 3150Amps. Type: 3WE72, 1 Nos 4 DC Voltmeter, Type: DM3290Make: Conzerve 1 Nos 5 DC Ammeter DM3291, Make: Conzerve 1 Nos 6 AC ACB, 1250A , Type: 3WT81, Make: Siemens 1 Nos 7 Current Transformer, 1250 / 5A, Type: 07060001 - 07060006, Make: BPL 1 Nos 8 AC Voltmeter, DM3250, Make: Conzerve 1 Nos 9 AC Ammeter, DM3252, Make: Conzerve 1 Nos (Items Nine Only), Note:- Items of make mentioned above will only be accepted. Items of other make as mentioned below for respective serial Nos will be accepted provided they are exactly same in form fit and function to the items and make mentioned above. Serial Nos 1,3,4,5,6,8,9 Make AE/L&T/Rishab/Schneider/ Siemens (Sd- - - - - - - - - - - - - - - - - -) (बी बिमन /B BURMAN) किाांडर / COMMANDER प्रबांधक सािग्री )एल वप(/ MANAGER MATERIAL (LP) कृते एडमिरल अधीक्षक / FOR ADMIRAL SUPERINTENDENT Enclosure 2 to ND (V) Tender Enquiry No MAT/LPYS/MYU/3136/2015 dated 12 May 16 STANDARD CONDITIONS OF CONTRACT (SCOC) GOVERNING PURCHASE CONTRACTS CONCLUDED BY NAVAL DOCKYARD, VISAKHAPATNAM WITH INDIAN SUPPLIERS Definitions 1. The Purchaser is the Admiral Superintendent, Naval Dockyard, Visakhapatnam. 2. The Supplier is the party, which Contracts to supply goods and services. The term includes his employees and his agents. 3. The Consignee is the authority specified in the Contract to whom the supplies are to be delivered. 4. The Inspector is the authority designated in the Contract to assure the quality of the item contracted for. Application and Validity 5. Application. SCOC shall apply to all Purchase Contracts concluded by the Admiral Superintendent, Naval Dockyard, Visakhapatnam or his representatives. 6. Validity. SCOC stipulated here under, except to the extent modified by the Purchaser in Tender Enquiry (TE) or in Acceptance of Tender (A/T)/Purchase Order, shall super sede all conditions stipulated by the Supplier. Tender 7. The Purchaser may not accept the lowest Tender. 8. The Purchaser may reject a Tender without assigning any reason. Contract 9. The Contract shall be deemed to have come into effect on issue of Purchase Order or A/T. The acceptance may be communicated to the Supplier by Fax/registered post/speed post. 10. All communications by the Purchaser to the Supplier will be deemed to have been made if sent by Fax, Telex or Post to the Fax number/address furnished by the Supplier during initial registration process. 11. The Supplier shall not alienate his rights and responsibilities under the Contract to anyone. 12. The Purchaser shall not be liable for any obligation, monetary or otherwise, that has not been expressly stated in the Contract. 13. The Supplier shall be deemed to have indemnified the Purchaser against all claims by the Third Parties relating to the Contract, including but not limited to intellectual property rights. 14. The Supplier shall not disclose to any other Agency any information provided to him by the Purchaser except to the extent required to execute the Contract. Specifications 15. The specifications governing the item to be supplied will be indicated in the TE. A quote received against a TE shall deemed to commit the Supplier to those specifications, unless explicitly stated otherwise in the quote. 16. The specifications contained in the TE may be modified if requisite specifications are not available, by mutual consent before the Contract is conclud ed. Price 17. When quoting against a TE, all components of the price such as the basic price and various taxes and levies shall be listed separately in figures including clear breakdown of each component of price and indicating total cost . Where ‘rates’ are applicable they shall be explained clearly. The Price should be inclusive of all taxes & duties, packing, forwarding, transportation and commissioning at site C .I.F Naval Dockyard, Visakhapatnam. Packing, freight and insurance charges are to be indic ated. The Purchaser shall not pay separately for Transit Insurance. The Supplier will be responsible till the entire stores contracted for arrive in good condition at the destination. 18. Prices quoted in the tender shall be fixed. In exceptional circumstances, where a price variation clause becomes unavoidable, the conditions with regard to price variation must be explicitly stated. 19. The Supplier should quote to the purchaser the lowest price at which he is supplying the item of similar quantity t o other buyers, at Visakhapatnam. 20. The Purchaser shall not be liable for any payment that has not been indicated in the Tender. Taxes 21. Taxes include excise duty, custom duty, sales tax, octroi and other levies imposed by the government. 22. Exemption from ED and Custom duty is permitted for goods for use on board ships. Exemption certificates would be given, where appropriate, at the time of placement of the Purchase Order. However, endorsement with regard to provision of the Exemption certificate(s) shall be specifically made in the tender document as applicable. 23. The Navy is not liable to pay octroi charges. Octroi exemption certificate should be issued at the time of issuing the Purchase Order. Issue of all tax exemption certificates will be governed by existing government orders 24. The Price paid to the Supplier must be adjusted to cater for any variation in statutory levies that come into effect between the date of placement of the order and the date by which the order is to be completed. This adjustm ent, upward or downward, must be done on the basis of documentary proof. 25. Sales Tax Registration number must be indicated in the Tender response. Proprietary Products 26. If the stores are Supplier’s proprietary products, the following certificate should be provided by the Supplier on his letterhead:“Certified that the stores covered in this quotation are our Proprietary Products” 27. In case the enquiry is forwarded by the Supplier to his dealer/stockiest in the area, the Supplier is required to intimate ND (V) in writing about the same. 28. If the Supplier is the authorised dealer/stockiest/agent of Proprietary manufacturer an agreement Certificate with OEM for sourcing spares will be mandatory. A certificate as under is also to be forwarded along with the Te nder response. "Certified that the items covered in the quotation are Proprietary product of M/s ___________________________________ of which this firm is the sole Authorised dealer based, at ---------------------------------------”. (City) 29. In the above eventuality, a photocopy of the current certificate supporting Supplier's status, as authorised dealer/stockist/agent from its Principal should be enclosed. 30. Earnest Money Deposit (EMD) along with your quotation (In case your firm is not registered with ND(V), DGS&D, NSIC and any dept. Of MoD or MoD itself) (a) EMD should be submitted for Rs.18,150/- drawn in favour of AAO (Navy), Visakhapatnam. This may be submitted in the form of a DD or BG along with the quote, failing which the quote in liable to be rejected without further reference, unless EMD is waived by ND(V). (b) Refund of EMD. The EMD of successful tender shall be refunded after the security deposit as called for in the contract is furnished. EMD furnished by unsuccessful tenders will be returned within 15 days of finalisation of the order. (c) Forfeiture of EMD. EMD will be forfeited, if the tender withdraws or derogates from the tender in any respect within the period of validity of his tender. Also if the successful tender fails to furnish the required security deposit, the EMD furnished will be forfeited. (d) If firm is registered with NSIC, MSME, DGS&D or registered with any department of MoD or MoD itself, EMD is waived by ND(V). Documentary proof is to be submitted to this effect. 31. Security Deposit / Performance Bank Guarantee (PBG) (on placing of work order) (a) A single performance security deposit at the rate of 10% of the contract / order value is to be furnished by the contractor/vendor in the form of performance bank guarantee (PBG)/FD issued by a public sector bank or private sector bank authorised to do government business (ICICI Bank Ltd, Axis Bank Ltd and HDFC Bank Ltd). The Specimen of PBG is given in Form DPM-15 (Available in MoD website and can be provided on Website). This clause will not be applicable if the total order value is less than Rs. 2 lakhs. (b) PBG should be furnished within 30 days from the award of contract and should remain valid for a period of 60 days beyond the date of completion of contractual obligations including warranty period. (c) PBG should be drawn in favour of AAO (Navy), Visakhapatnam. (d) The purchaser, based entirely on his judgment, may appropriate the performance guarantee deposit or make deduction from it should the supplier fail to discharge any contractual obligation. (e) In case the period of contract is extended for whatever reasons, the supplier must get the PBG revalidated, if not already valid for that period. 32. Security deposit against issue of material: In case the equipment is required to be taken out of yard premises, clearance will be given only on submission of BG for the book value / market value of the equipment whichever is higher. Rendition / Release of Security Deposit / Performance Guarantee 33. The security deposit is to be submitted as DD/BGB of any nationalised bank or any other form approved by Government of India in favour of AAO (Navy), Visakhapatnam and will be kept in the custody of FA to ASD. The bank guarantees are to be submitted in multiples of Rs 25/- only, to the nearest Rs 25/-. The security deposit taken on placement of order will be valid for the period of the order/contract and will be restored by FA to ASD to the contractor on issue of ‘No Demand Certificate’ by the user Department/PRM/Contracting Authority, as soon as possible after delivery of supplies or performance of services contracted for, or on completion of work. Cases where the security deposit is obtained against issue of material, the same will be released on return of material/scrap to the ND (V) in raw or converted form. Performance bank guarantee will be released on completion of guarantee period, as specified in the work order. Inspection 34. An item shall be inspected as specified in the Purchase Order. Normally, items shall be inspected in the premises of ND (V), post delivery. Supplier shall furnish Test certificate, wherever applicable/demanded by the Purchaser. The Purchaser also reserves the right of pre-inspection at the premises of the Firm/Supplier, prior to dispatch of item(s). Packing 35. It shall be the Supplier's responsibility to so pack the consignment to ensure that it arrives at the Consignee's premises in undamaged condition . The stores should be properly preserved before packing. Each package must contain a packing note listing the contents in detail. The firm should use ECO-Friendly/BIO degradable packing material. Consignee's Right of Rejection 36. Notwithstanding the fact the an item may have been inspected prior to despatch, the Consignee will have the right to reject it, in whole or part, if it is observed that the item supplied does not conform to the specifications or has been damaged. Such rejection shall be communicated to the Supplier soon after inspection of the item. 37. If an item is rejected, the Supplier is required to replace the rejected item within a period determined by the Purchaser, failing which he shall make financial restitution based on the Purchase Order value. If the Supplier does not remove the rejected it em from the Purchaser's premises within the period stipulated by the Purchaser, which shall not be more than 45 days, the Supplier shall have no claim on the rejected items and the Purchaser shall be free to dispose them as he deems fit. Purchaser may, if he chooses, dispatch the items to the Supplier at the expense and risk of the Supplier. Warranty 38. The Supplier is deemed to have guaranteed the Purchaser that the item supplied by him shall continue to confirm to the specifications and quality standard s prescribed in the contract for a period of one year/O.E.M. provided guarantee in case it is higer than one year. The guarantee should be effective from the date the item has been accepted/commissioned, not withstanding the fact that the item may have bee n cleared in inspection. 39. Should the item be found to be not confirming to the required specifications and quality during the warranty period, the supplier should attend to the defect within 24 hours of reporting and should be capable of repair within 48 h ours, in the event of non compliance, the Supplier should make full financial restitution within a period of 15 days from the date of reporting of the defect. If the item is repaired/replaced, such item must bear a guarantee for performance for a period of six months from the date of repair/replacement, or up to the date of expiry of initial warranty period, whichever is later . Payment 40. Payment would be made to the Supplier in accordance with the payment terms reflected in the tender document. Payment will be effected through Senior Account Officer, Office of the Financial Adviser to the Admiral Superintendent, Naval Dockyard, Visakhapatnam, by ECS/NEFT/RTGS mechanism and not through check payment. It is mandatory for suppliers/venders to indicate their Bank account and other relevant E Payment details. The payment will normally be made within 30 days of acceptance of bills. Liquidated Damages 41. In the event of the Supplier's failure to deliver on time, the Purchaser, at his sole discretion, and not by way of penalty, may deduct from the payment, 1/2% of the Contracted price of the undelivered stores for each week or part thereof, till the item(s) is delivered, subject to maximum of 10% of the total Purchase Order value. In case of rejection of items, date of replacement of last item with correct item will be considered as the date of delivery for calculation of liquidated damages. Liquidated Damages may however be waived under the sole discretion of the Purchaser based on merits of each case, if the Purchaser is convinced that the delay in supply is due to reasons beyond the control of the Supplier Extension of Delivery Period 42. Extension of Delivery Period would be considered, if asked for by the Supplier in writing, based on merits of each case, where the Purchaser is convinced that the Supplier would make the delivery within the extended period. Extension shall be given by res erving the right of the Purchaser to levy Liquidated Damages for delay in supply and with denial of increase in price, taxes, duties etc. taking place during the extended period. The Supplier must communicate request for extension in Delivery Period in w riting with full justification along with supporting documents at least two weeks prior to the expiry of the Contracted Delivery Period. Risk & Cost Purchase 43. Should the Supplier fail to deliver an item within the Contracted delivery period or repudiate the Contract before the delivery date, the Purchaser, without prejudice to his right to recover damages for breach of Contract, may cancel the Contract in part or in whole and purchase elsewhere, at the risk and cost of the Supplier, within 12 months of th e breach of Contract. He may purchase another item of similar general description, in case .the item exactly confirming to the particulars of the Contracted item is not easily procurable. The Purchaser shall be entitled to recover from the Supplier all co sts incurred by the Purchaser during the Risk Purchase that are in excess of the costs he would have had to incur as per the original Contract. 44. The Purchaser shall have the right to ignore the tender of the original Supplier during the Risk Purchase. The manner of carrying out Risk Purchase shall be entirely at the discretion of the Purchaser. However, the Purchaser shall serve a notice of such purchase on the defaulting Supplier. Short Closure/Termination 45. The Contract may be short closed or terminate d, at the discretion of the Purchaser on the following grounds:(a) The Supplier fails to deliver the item(s) by the Contracted delivery date. (b) Any information provided by the Supplier is found to be untrue. (c) The Supplier is found to have a ttempted to influence a person involved with the Contract through unethical means. (d) The Supplier has made part supply of items and is unable to supply the balance items. 46. Termination of Work Order. ND(V) shall have the right to terminate this Work Order in part or in full in any of the following cases:(a) The delivery of the material/services is delayed for causes not attributable to Force Majeure for more than 01 months after the scheduled date of delivery. (b) The Vendor is declared bankrupt or becomes insolvent. (c) The delivery of material/services is delayed due to causes of Force Majeure by more than 06 months provided Force Majeure clause is included in Work Order. (d) ND(V) has noticed that the Vendor has utilized the services of any Indian/Foreign agent in getting this Work Order and paid any commission to such individual/company etc. (e) As per decision of the Arbitration Tribunal. (f) Any services rendered by contractor if found not complying to safety norms / stipulations, are liable for temporary suspension. (g) The contractor is expected to mobilize and employ sufficient resources and manpower to achieve scheduled targets as and when required. The contract is liable to be terminated if the pace of the execution of the contract is found to be slow or workmanship is found to be substandard at any stage. Further, tender enquiry may not be floated to such contractor for the similar cases in future. 47. Force Majeure Clause. (a) Neither party shall bear responsibility for the complete or partial nonperformance 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 Purchase order), 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 Purchase order. (b) In such circumstances the time stipulated for the performance of an obligation under the present Purchase order is extended correspondingly for the period of time of action of these circumstances and their consequences. The party for which it becomes impossible to meet obligations under this Purchase order 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. (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 Purchase order 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. (c) 48. Option Clause The contract shall have an Option Clause, wherein the purchaser can exercise an option to procure an additional 50% of the original contracted quantity in accordance with the same terms and conditions of the present contract. This shall be applicable within the currency of contract. The supplier is to conform the acceptance of the same for inclusion in the contract. It will be entirely the discretion of the purchaser to exercise this option or not. 49. Repeat Order Clause. The purchase order shall have a repeat order clause, wherein ND(V) can order upto 50% quantity of the items under the present order within six months from the date of successful completion of this work, cost, terms & conditions remaining the same. Request confirm acceptance of this clause. It will be entirely the discretion of ND(V) to place the repeat order or not. 50. Tolerance Clause- To take care of any change in the requirement during the period starting from issue of RFP till placement of the order, Buyer reserves the right to 5% plus/minus increase or decrease the quantity of the required goods up to that limit without any change in the terms and conditions and prices quoted by the seller. While awarding the supply order the quantity ordered can be increased or decreased by the buyer within this tolerance limit. 51. Fall clause. Vendor:- The following fall clause will form part of the contract placed on successful The price charged for the stores supplied under the Work Order by the Vendor shall in no event exceed the lowest prices at which the Vendor sells the stores or offer to sell stores of identical description to any persons/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 existing Work Order is completed. (a) If at any time, during the said period the Vendor reduces the sale price, sells or offer to sell such stores to any person/organisation including ND(V) 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 Vendor 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:(b) (i) Exports by the Seller. Sale of goods as original equipment at price lower than the prices charged for normal replacement. (ii) (iii) Sale of goods such as drugs which have expiry dates. 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. (iv) 52. Paying Authority. The payment of bills will be made on submission of the following documents by the Vendor to the Paying Authority along with the bill: (a) Ink-signed copy of contingent bill / Vendor’s bill. (b) Ink-signed copy of Commercial invoice / Vendor’s bill. Copy of Supply Order with U.O. number and date of IFA’s concurrence, where required under delegation of powers. (c) (d) CRVs in duplicate. (e) Inspection note. 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. (f) (g) Exemption certificate for Excise duty / Customs duty, if applicable. (h) Bank guarantee for advance, if any. (j) Guarantee / Warranty certificate. (k) Performance Bank guarantee / Indemnity bond where applicable. 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. (l) Details for electronic payment viz Account holder’s name, Bank name, Branch name and address, Account type, Account number, IFSC code, MICR code. (m) Any other document / certificate that may be provided for in the Supply Order / Purchase order. (n) (p) User Acceptance. (q) Xerox copy of PBG. (Note – From the above list, the documents that may be required depending upon the peculiarities of the procurement being undertaken, may be included in RFP) 53. Registration of Vendor : In case you are not registered with ND(V) , you are advised to initiate the registration process since this is a prerequisite incase you emerge as the L1 firm and work order is to be placed on your firm. Invoices presented for payment would accordingly need to be accompanied by the vendor registration certificate issued by ND(V) for verification prior settlement of bills. Validity 54. The standard conditions of contract stipulated hereunder, except to the extent agreed for modification by the Purchaser, in writing, shall supersede conditions stipulated by the Supplier. Arbitration 55. As far as possible all differences would be resolved by mutual discussions between the two parties. However in the event of any unresolved dispute arising out of the Contract, it shall be referred to the Sole Arbitration of an Officer appointed as the Sole Arbitrator by the Admiral Superintendent, Naval Doc kyard, Visakhapatnam. 56. There shall be no objection if the Arbitrator is a Government servant and that during the course of his/her duties as Government servant he/she has expressed views on all or any of the matters in dispute or difference. 57. The demand for Arbitration must be in writing and made within six months from the date of termination of the Contract. 58. The award of the Arbitrator shall be final and binding on both parties to the Contract. 59. The venue of Arbitration would be Visakhapatnam. 60. The Supplier is required to give the acceptance or rejection to the above clauses at Para 55 to 59 in writing. It is stipulated that an omission to answer specifically in this regard at the TE stage will be deemed as an acceptance of the Arbitration clauses. Law 61. The laws of India shall govern the Contract. The Contract shall deem to have been made at the place from where the Purchase Order is issued and only the Courts of that place shall have jurisdiction to decide on any dispute arising out of the Contract. Contract Labour (regulation & abolition) Act 1970,Minimum Wages Act,Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, Employees’ State Insurance Act 62. It is supplier’s responsibility to register his firm with ALC (Central), Visak hapatnam in terms of the contract labour (regulation and abolish) Act 1970 and to meet all terms/conditions and requirements contained therein. The supplier is also required to ensure provident fund, payment of minimum wages to workers conforming to AP Gov t. Act. and insure his employees against accident and death, and indemnify the Admiral Superintendent, Naval Dockyard, Visakhapatnam against any liability with respect to claims, injury or death of any person employed by him for the subject work. Environment & Health 63. During the process of undertaking the subject order, the firm is to ensure that all identified environmental aspects/impacts, health and safety hazards are taken care of and brought under control as per existing Govt norms. MSDS 64. For chemicals and other hazardous products, bidder has to submit a product information sheet and the Material Safety Data Sheet (MSDS) of the offered product (alongwith the bid) as per Schedule 9, Rule 17 of the MSIHC 1989 notification. The MSDS shall be authorized or signed by a responsible officer on behalf of the manufacturer and shall include issue number, signature, name, title and date. Each page shall be identified with product name and manufacturer’s name. MSDS should conform to ILO/ISO standards. Enclosure 3 to ND (V) Tender Enquiry No MAT/LPYS/MYU/3136/2015 dated 12 May 16 Form DPM - 11 MODEL ECS MANDATE FORMAT Credit Clearing Mechanism 1. Customer’s Name 2. Particulars of Bank Account – (a) (b) (c) (d) (e) (f) (g) (h) (j) (k) (l) Bank Name Branch Name Address Telephone Numbers IFS Code 9 Digit Code Number of Bank and Branch appearing on MICR Cheque issued by Bank. Account Type (S.B. Account /Current Account or Cash) Leader number Leader Folio number Account number as appearing on Cheque Book E Mail Address 3. Please attach a blank cancelled Cheque, or , photocopy of a Cheque or front page of your savings bank passbook issued by your bank for verification of the above particulars 4. Date of Effect “I, here by, declared that the particulars given above are correct and complete. If the transaction is delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold the user institution responsible. I have read the option invitation letter and agree to discharge the responsibility expected of me as a participant under scheme.” ( ………………………..) Signature of Customer Date – Certified that the particulars furnished above are correct as per records. Bank’s Stamp: (…………………………..) Date: Signature of the Authorised Official from the Bank Enclosure 4 to ND (V) Tender Enquiry No MAT/LPYS/MYU/3136/2015 dated 12 May 16 TECHNICAL BID FORMAT 1. The detailed Bill of Material with technical specifications should in accordance with Encl.1. Detailed break up item wise has to be indicated, supported by make and model of each item. Bids received without item wise description/ make and model are liable to be disqualified. If any feature cannot be complied with, same needs to be brought out by the supplier with detailed justification as per format below:Ser Description of item as per Bill of Material/ Tech Specs in RFP (Encl 1) Description of item offered by Supplier Make & Model offered by Supplier Whether complies to RFP specs (Yes/ No) In case of noncompliance, deviation from RFP specifications to be clearly specified 2. The technical proposal by vendor should also necessarily cover acceptance/ compliance to the scope of supply and commercial/ contractual terms. It is mandatory to submit compliance matrix as per format below, failing which the Buyer reserves the right to reject the bids submitted. Ser No (a) Clause Tender Fee Receipt/Demand Draft attached with Bid where applicable, in case of Two Bid System, attach same with Technical Bid (b) Para 1(g) of RFP (c) Para 1(k) of RFP (d) (e) Para 11 of RFP (g) Para 13 of RFP Para 15 of RFP – Standard conditions of RFP as per DPM 2009 Para 22 of RFP – Standard conditions of RFP as per DPM 2009 (j) (k) (l) (m) (n) (p) Yes/No Validity of bids should be 90/120 days or As otherwise stated in RFP Confirm EMD has been submitted. Please submit proof if exempted Para 3 of RFP (In case of Two Bid System bids have been submitted in two separate (technical and commercial) sealed envelopes) Para 5 of RFP (Letter of authorization has been submitted with technical bid and all pages of bids have been signed by authorised signatory) (f) (h) Compliance Para 24 of RFP – Payment Terms Para 15 of SCOC (Confirmation to all technical specifications and requirements) Para 31(b) of SCOC – Special Condition as per DPM 2009 Para 34 of SCOC Para 38-39 of SCOC Submission of VAT/CST No, PAN No, TIN No Delivery Period and Transportation Acceptance of LD Clause as per DPM 2009 (Mandatory) Acceptance of standard conditions of RFP as per DPM 2009 (Mandatory) Acceptance of E-Payment Terms and Payment Terms acceptable Please specify variations if any clearly in the technical bid PBG to be submitted in 30 days of placement of order Acceptance of Inspection Clause Acceptance of Warranty Clause 3. Quoting of Registration Number. The firms are required to quote their ND (V) registration number (if currently valid) with validity date in the Technical Bid. The firms registered with other central government organisations are to submit proof of registration with validity. 4. Documentation. If the firm is not registered with Naval Dockyard, Visakhapatnam, the following documents shall form part of the Technical Bid, to be referred to during the evaluation process (as applicable). (a) (b) (c) (d) (e) State Sales Tax Certificate (f) (g) Partnership deed, if any Central Sales Tax Certificate Incorporation Certificate/Shop & Establishment Certificate Bank Solvency Certificate (Taken within last one year) Valid Financial rating Certificate from M/s CRISIL/SMERA/D&B or an organisation of similar repute Copy of the last three years Balance Sheet, duly attested by a CA 5. Forwarding of Bids. Bids should be forwarded by Bidders under their original memo / letter pad inter alia furnishing details like TIN number, VAT/CST number, Bank address with EFT Account if applicable, etc and complete postal & e-mail address of their office. It is mandatory for the firms to submit ECS Mandate (form DPM -11) along with T- bids with details duly countersigned by authorized official from the Bank. The format of form DPM-11 is placed at Appendix A to this enclosure. Quotations received without the above details and form DPM-11 will be rejected. 6. Information in the Technical Bid should be complete in itself, to facilitate full technical scrutiny by Naval Dockyard, Visakhapatnam to assess the understanding, technical capability and infrastructure/ resources of the firm. Naval Dockyard, Visakhapatnam reserves the right to seek necessary clarifications on the technical bids. It must be noted that no change to commercial bid, arising out of clarifications on technical bid, is permitted. Budgetary estimate of all items is to be indicated only in the Commercial Bid. Enclosure 5 to ND (V) Tender Enquiry MAT/LPYS/MYU/3136/2015 dated 12 May 16 EVALUATION CRITERIA & PRICE BID FORMAT 1. Evaluation Criteria - The broad guidelines for evaluation of Bids will be as follows: (a) The Lowest Bid will be decided on the lowest price quoted by a particular Bidder as per the Price Bid Format given at Para 2 below. The consideration of taxes and duties in evaluation process will be as follows:(i) In cases where only Indian Bidders are competing L-1 bidder will be determined by excluding levies, taxes and duties levied by Central/State/Local governments such as excise duty, VAT, Service tax, Octroi/entry tax etc on final product, as quoted by bidders. (ii) If there is a discrepancy between words and figures, the amount in words will prevail for calculation of price. (b) 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 different 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: Ser Following details of price bid are to be filled up correctly by the bidder: Item Description Tech Specs including Make and Model Deno Qty (Q) Unit Cost (A) Total Basic Cost (X=A*Q) Installation/Commissioning Charges (Y) Any Other charges such as Freight/Insurance/Packing etc. (Z) 3. Following additional details are also to be filled up by the bidder: (a) Is Excise Duty extra? If yes, mention the following. S.No. (i) (ii) (iii) (iv) (b) Description Total value of items on which Excise Duty is leviable Rate of Excise duty (item-wise if different ED is applicable) Surcharge on Excise duty, if applicable Total value of excise duty payable Amount (Rs) Is Excise Duty Exemption (EDE) required: If yes, then mention and enclose the following: Excise notification number under which EDE can be given. (c) S.No. (i) (ii) (iii) Is VAT extra? If yes, then mention the following: Description Total value on which VAT is leviable Rate of VAT Total value of VAT leviable Amount (Rs) (d) Is Service Tax extra? If yes, then mention the following: S.No. (i) (ii) (iii) (e) Description Total value of Services on which Service Tax is leviable Rate of Service Tax leviable Total value of Service Tax leviable Amount (Rs) Is Custom Duty Exemption (CDE) required: if yes, then mention the following: S.No. (i) (ii) (iii) (iv) Description Custom notification number under which CDE can be given (enclose a copy) CIF value of stores to be imported Rate of Customs Duty payable Total amount of Customs Duty payable Amount (Rs) (f) S.No. (i) Description Amount (Rs) Octroi / Entry taxes (g) S.No. (i) Description Any other Taxes / Duties Amount (Rs) (h) Grand Total of Taxes applicable (without Exemption Certificates) : Rs._________________ (j) Grand Total of Taxes applicable (with Exemption Certificates) : Rs._________________ Note: - Vendors are to consider and note instructions below, that are as per DPM 09 provisions. Price Bids are liable to rejection if not complied with:(a) Determination of L-1 will be done based on item wise total of basic price plus all other charges such as Packing & Forwarding, freight, insurance (not including levies, taxes and duties levied by Central/State/Local governments such as excise duty, VAT, service tax, octroi/entry tax, etc. on final product) of all items/requirements as mentioned above, (as indicated at Sl …..of the RFP).” (b) In the absence/ non mention of any tax by the firm, it will be presumed that the price quoted by the Bidder is inclusive of tax and no liability of tax will be upon ND(V). (c) Charges towards commissioning, installation etc should be shown separately as indicated in Price Bid format At para 2 above. Incase of ‘no charges’/ ‘Free’, the same needs to be mentioned clearly under this head (Note: not just ‘Inclusive’). (d) Taxes in respect the above heads should be individually shown as per prevailing rates. (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. (f) Price bid, if not conforming to the specified format is liable to be rejected. (g) The item is to be guaranteed/warranted for a period of one year from the date of supply/installation or any other duration as specified in the RFP. (h) The payments of taxes quoted in the Price Bid would be made on submission of proof of payment of the same to government.