For any clarifications on Technical specification of subject

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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.
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