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(a)
Directorate of Procurement
Indigenous Purchase Wing
Air HQ (Vayu Bhavan)
Rafi Marg,
New Delhi- 110 106
(b)
(c)
(ii)
2.
(e)
(f)
Fax No
: 011 -23017664
[Signature of Seller]
Page 1
[Signature of Buyer]
(a)
Part I. Contains General Information and Instructions for the Bidders about the
RFP such as the time, place of submission and opening of tenders, Validity period of
tenders, etc.
(b)
Part II. Contains essential details of the items required, such as the Schedule of
Requirements (SOR), Technical Specifications, Delivery Period, Mode of Delivery and
Consignee details.
(c)
Part III. Contains Standard Conditions of RFP which will form part of the Contract
with the successful Bidder.
(d)
Part IV. Contains Special Conditions applicable to this RFP and which will also
form part of the contract with the successful Bidder.
(e)
3.
This RFP is being issued with no financial commitment and the Buyer reserves the right
to change or vary any part thereof at any stage. Buyer also reserves the right to withdraw the
RFP, should it become necessary at any stage.
Yours faithfully,
S/d----------(Sammer Kumar)
Wg Cdr
JD Proc (TE Cell)
For and on behalf of the President of India
[Signature of Seller]
Page 2
[Signature of Buyer]
Critical Dates. The critical dates with respect to the Tender ref AIR HQ
/DPUR/I/1525060 dated 01 Jan 16 are as tabulated:CRITICAL DATE SHEET
Item
Ser No
(a) Published Date
(b) Bid Document Download
(c) Clarification Start Date
(d) Bid Submission Start
(e) Clarification End Date
(f) Bid Submission End
(g) Opening of Tender Box for Physical Verification
of Documents
(h)
(j)
Date
12 Jan16
16162015
13 Jan 16
13 Jan 16
05 Feb 16
04 Feb 16
11 Feb 16
11 Feb 16
Time
1500 hrs
1530 hrs
1600 hrs
0900 hrs
1700 hrs
1100 hrs
1145hrs
11 Feb 16
1200hrs
5.Manner of Depositing the Bids. The bids will be submitted in the following manner:(a)
The original of following documents shall be submitted physically in the sealed
Tender Box No. 2, Air HQs (Vayu Bhawan), Rafi Marg, New Delhi prior to bid
submission closing date (11 Feb2016 at 1100Hrs).
DD of Tender fee, if applicable. The crossed demand draft/IPO of Rs100 /(Rupees Two Hundred and Fifty Only) should be payable to CDA, AF RK
PURAM, NEW DELHI-66. DD should be valid for minimum 3 months period. Any
firm claiming exemption should enclose proof of the same.
(i)
(ii)
DD of EMD amount.
(iii)
(v)
Agency agreement with foreign manufacturer/OEM for specific product, if
any (Scanned and uploaded)
(vi)
(b)
Conditions Acceptance Certificate. The bidder shall certify for
acceptance of all the tender conditions of the RFP (as per Appx A &Appx B).The
RFP duly stamped & signed on all pages also be scanned and uploaded. In case of
any deviations, the bid shall be rejected. If the certificate is signed by legally authorized
signatory, a copy of the authorization letter is to be uploaded.
6.
Time and Date for Opening of Bids. At 1200 Hrs on 11 Feb 2016
(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).
[Signature of Seller]
Page 3
[Signature of Buyer]
7.
Location of the Tender Box. Tender Box marked as ACAS (Procurement),
Box No-2, Air HQ (Vayu Bhavan) Rafi Marg, and New Delhi -110 106. Following guidelines
may be followed while submitting the requisite physical document as indicated in the RFP.
No Technical and commercial bids will be dropped in the Tender Box except those mentioned
at para 5 above.
(a)
The physical receipt of specified documents shall be mandatory prior to
bid submission end date & time mentioned at critical date sheet at 1 above.
(b)
The non receipt of the physical documents shall result in rejection of bid.
(c)
Only those documents specified in the tender document and found in the tender
box will be opened.
(d)
(e)
The envelope containing the requisite physical documents should be addressed
to ACAS (Procurement) Air HQ (Vayu Bhawan) mentioning complete address. The
requisite physical documents may be sent by hand/post/speed post/courier. However,
it is the sole responsibility of the renderer to ensure requisite physical documents are
received in the buyer's office prior to bid submission end date & time. The buyer by no
means will be responsible for any delay in receipt of requisite documents.
(f) No post-bid clarification on the initiative of the bidder will be entertained.
8.
Opening and Verification of Documents The physical verification of the specified
documents as asked for in physical form in the RFP will be done at the reception at Air Head
Quarters (Vayu Bhavan) Rafi Marg New Delhi- 110 106 on the day of on line opening of the
technical bids . The Bidders may depute their representatives, duly authorized in writing, to
attend the event on the due date and time.
9.
10.
Forwarding of Bid
(a)
The documents specified in Para 5 (a) are to be deposited physically as per
instructions. The physical receipt of these documents is mandatory. The bids shall not
be accepted if these documents are not received prior to bid opening.
(b)
[Signature of Seller]
Page 4
[Signature of Buyer]
Scanned copies of all documents mentioned at Para 5, given in physical form are
also to be scanned and uploaded.
(c)
The TECHNICAL BID and COMMERCIAL BID should be submitted by the
bidder duly digitally signed by the legal owner of the firm or the person authorized
by him to do so.
11.
Clarification Regarding Contents of the RFP A prospective bidder who requires
clarification regarding the contents of the bidding documents shall notify to the Buyer in writing
about the clarifications sought not later than 07 days prior to the date of opening of the Bids.
Copies of the query and clarification by the purchaser will be uploaded as corrigendum for all
prospective bidders who have received the bidding documents.
12.
Modification and Withdrawal of Bids The Bidder may modify (resubmit) his bid on
line after submission, as per the provisions available on the portal. No bid shall be modified
after the deadline for submission of bids.
If bidder desires to withdraw before bid submission closing date/time, he may do
so online in the portal. EMD (in case) submitted in physical form shall be returned
offline. However, the cost of the tender will not be refunded to the firm.
(a)
No bid may be withdrawn in the interval between the deadline for submission of
bids and expiry of the period of the specified bid validity.
(b)
13.
Rejection of Bids Canvassing by the Bidder in any form, unsolicited letter and posttender correction may invoke summary rejection with forfeiture of EMD. Conditional Bids will not
be accepted.
14.
Validity of Bids The Bids should remain valid for 180 days from the date of opening of
tenders from the last date of submission of the Bids.
15.
Earnest Money Deposit Unregistered Bidders will be required to submit Earnest
Money Deposit (EMD) for amount of Rs 1,11,500/- (One Lakh Eleven Thousand Five
Hundred only)along with their Techno-Commercial offer with Price bids. The EMD may be
submitted in the form of an Account Payee Demand Draft, Fixed Deposit Receipt, Banker's
Cheque or Bank Guarantee in favour of CDA, Air Force RK Puram, New Delhi from any of the
Public Sector Banks or a Private Sector Bank authorized to conduct government business as
per Form DPM-13 (Available in MoD website and can be provided on request). EMD is to
remain valid for a period of forty-five days beyond the final bid validity period. EMD of the
unsuccessful bidders will be returned to them at the earliest after expiry of the final bid validity
and latest on or before the 30th day after the award of the contract. The Bid Security of the
successful bidder would be returned, without any interest whatsoever, after the receipt of
Performance Security from them as called for in the contract. EMD is not required to be
submitted by those bidders who are registered with the Central Purchase Organisation
(e.g. DGS&D/D Procurement), DGAQA Organisation or any Department of MoD or MoD
itself.Bidders are requested to append a photocopy of their current valid Registration
letter for the same item/ range of products, goods or services for which the tenders have
been issued with the ibid organization for our verification and records; failing which the
offer will not merit consideration for further processing. The EMD will be forfeited if the
bidder withdraws or amend, impairs or derogates from the tender in any respect during the
period between the dead line for submission of bids and expiry of bid validity period.
16.
[Signature of Seller]
Page 5
[Signature of Buyer]
Qty
Qty-100
24 ED, AF (Manauri)
Qty-600
Delivery Period
Within Six (06) months from date of
Placement of Supply Order
Note: It is to be noted that the Supply Order can be cancelled unilaterally by the
Buyer, in case items are not received within the Supply Ordered Delivery Period.
Extension of delivery period will be at the sole discretion of the buyer, with applicability of
LD clause.
20.
Technical Details The following specification clause will form part of the contract
placed on the successful Bidder.
The Seller guarantees to meet the technical
specifications as per JSS-6140-10-2007 and as per type approval record.
21.
Terms of Delivery The vendor is to offer their offers inclusive of transportation cost up
to the consignee unit. The vendor is to deliver the item to the consignee unit by road/courier
under their own arrangement. The delivery will be treated as complete on receipt at the
Consignee unit in serviceable condition.
22.
23.
Inspection Authority The inspection will be carried out by DGAQA/E&I, H Block, New
Delhi- 110011 (Tele: 011- 23793028, Fax: 011- 23010941).or his authorized rep.
[Signature of Seller]
Page 6
[Signature of Buyer]
Page 7
[Signature of Buyer]
if it is established at any time to the satisfaction of the Buyer that the present declaration is in
any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged
any such individual/firm, and paid or intended to pay any amount, gift, reward, fees,
commission or consideration to such person, party, firm or institution, whether before or after
the signing of this Supply Order, the Seller will be liable to refund that amount to the Buyer. The
Seller will also be debarred from entering into any Supply Order with the Government of India
for a minimum period of five years. The Buyer will also have a right to consider cancellation of
the Supply Order either wholly or in part, without any entitlement or compensation to the Seller
who shall in such an event be liable to refund all payments made by the Buyer in terms of the
Supply Order along with interest at the rate of 2% per annum above LIBOR rate. The Buyer will
also have the right to recover any such amount from any Supply Orders concluded earlier with
the Government of India.
30.
Access to Books of Accounts In case it is found to the satisfaction of the Buyer that
the Seller has engaged an Agent or paid commission or influenced any person to obtain the
Supply Order as described in clauses relating to Agents/Agency Commission and penalty for
use of undue influence, the Seller, on a specific request of the Buyer, shall provide necessary
information/ inspection of the relevant financial documents/information.
31.
Non-disclosure of Supply Order documents Except with the written consent of the
Buyer/ Seller, other party shall not disclose the Supply Order or any provision, specification,
plan, design, pattern, sample or information thereof to any third party.
32.
Liquidated Damages In the event of the Seller's failure to submit the Bonds,
Guarantees and Documents, supply the stores/goods and conduct trials, installation of
equipment, training, etc as specified in this Supply Order, the Buyer may, at his discretion,
withhold any payment until the completion of the Supply Order. The BUYER may also deduct
from the SELLER as agreed, liquidated damages to the sum of 0.5% of the Supply Order price
of the delayed/undelivered stores/services mentioned above for every week of delay or part of
a week, subject to the maximum value of the Liquidated Damages being not higher than 10% of
the value of delayed stores.
33.
Termination of Supply Order The Buyer shall have the right to terminate this Supply
Order in part or in full in any of the following cases:(a)
The delivery of the material is delayed for causes not attributable to Force
Majeure for more than 06 months after the scheduled date of delivery.
(b)
(c)
The delivery of material is delayed due to cause of Force Majeure by more
than (06 months) provided Force Majeure clause is included in Supply Order.
(d)
The Buyer has noticed that the Seller has utilised the services of any
Indian/Foreign agent in getting this Supply Order and paid any commission to such
individual/company etc.
(e) As per decision of the Arbitration Tribunal.
34.
Notices Any notice required or permitted by the Supply Order shall be written in the
English language and may be delivered personally or may be sent by FAX or registered prepaid mail/airmail, addressed to the last known address of the party to whom it is sent.
[Signature of Seller]
Page 8
[Signature of Buyer]
35.
Transfer and Subletting The Seller has no right to give, bargain, sell, assign or sublet
or otherwise dispose of the Supply Order or any part thereof, as well as to give or to let a third
party take benefit or advantage of the present Supply Order or any part thereof.
36.
Patents and other Industrial Property Rights The prices stated in the present Supply
Order shall be deemed to include all amounts payable for the use of patents, copyrights,
registered charges, trademarks and payments for any other industrial property rights. The
Seller shall indemnify the Buyer against all claims from a third party at any time on account of
the infringement of any or all the rights mentioned in the previous paragraphs, whether such
claims arise in respect of manufacture or use. The Seller shall be responsible for the
completion of the supplies including spares, tools, technical literature and training aggregates
irrespective of the fact of infringement of the supplies, irrespective of the fact of infringement of
any or all the rights mentioned above.
37.
Amendments No provision of present Supply Order shall be changed or modified in any
way (including this provision) either in whole or in part except by an instrument in writing made
after the date of this Supply Order and signed on behalf of both the parties and which expressly
states to amend the present Supply Order.
38.
General
Bidders must indicate separately the relevant Taxes/Duties likely to be paid
in connection with delivery of completed goods specified in RFP. In absence of
this, the total cost quoted by them in their bids will be taken into account in the
ranking of bids.
(i)
[Signature of Seller]
Page 9
[Signature of Buyer]
(b)
Customs Duty
(i).
For imported stores offered against forward delivery, the Bidder shall quote
prices thereof exclusive of customs duty. The Bidder shall specify separately the
C.I.F. prices and total amount of customs duty payable. They will also indicate
correctly the rate of customs duty applicable along with Indian Customs Tariff
Number. Customs duty as actually paid will be reimbursed on production of
necessary documents i.e.
(aa)
(ab)
Excise Duty
(i).
Where the excise duty is payable on advalorem basis, the Bidder should
submit along with the tender, the relevant form and the Manufacturers price list
showing the actual assessable value of the stores as approved by the Excise
authorities.
(ii).
Bidders should note that in case any refund of excise duty is granted to
them by Excise authorities in respect of Stores supplied under the Supply Order,
they will pass on the credit to the Buyer immediately along with a certificate that
the credit so passed on relates to the Excise Duty, originally paid for the stores
supplied under the Supply Order. In case of their failure to do so, within 10 days
of the issue of the excise duty refund orders to them by the Excise Authorities the
Buyer would be empowered to deduct a sum equivalent to the amount refunded
by the Excise Authorities without any further reference to them from any of their
outstanding bills against the Supply Order or any other pending Government
Supply Order and that no disputes on this account would be raised by them.
[Signature of Seller]
Page 10
[Signature of Buyer]
(iii). The Seller is also required to furnish to the Paying Authority the following
certificates
(aa) Certificate with each bill to the effect that no refund has been
obtained in respect of the reimbursement of excise duty made to the Seller
during three months immediately preceding the date ofthe claim covered
by the relevant bill.
(ab) Certificate as to whether refunds have been obtained or applied for
by them or not in the preceding financial year after the annual Audit of their
accounts also indicating details of such refunds/applications, if any.
(ac) A certificate along with the final payment bills of the Seller to the
effect whether or not they have any pending appeal/protest for refund or
partial refund of excise duties already reimbursed to the Seller by the
Government pending with the Excise authorities and if so, the nature, the
amount involved, and the position of such appeals.
(ad) An undertaking to the effect that in case it is detected by the
Government that any refund from Excise Authority was obtained by the
Seller after obtaining reimbursement from the Paying Authority, and if the
same is not immediately refunded by the Seller to the Paying Authority
giving details and particulars of the transactions, Paying Authority will have
full authority to recover such amounts from the Sellers outstanding bills
against that particular Supply Order or any other pending Government
Supply Orders and that no dispute on this account would be raised by the
Seller.
(iv). Unless otherwise specifically agreed to in terms of the Supply Order, the
Buyer shall not be liable for any claim on account of fresh imposition and/or
increase of Excise Duty on raw materials and/or components used directly in the
manufacture of the Supply Ordered stores taking place during the pendency of
the Supply Order.
(d)
(e)
[Signature of Seller]
Page 11
[Signature of Buyer]
Orders placed by this office are exempted from levy of Town Duty/Octroi Duty, Terminal
Tax or other local taxes and duties. Wherever required, they should obtain the
exemption certificate from the Buyer, to avoid payment of such local taxes or duties.
(ii).
In case where the Municipality or other local body insists upon payment of these
duties or taxes the same should be paid by the Seller to avoid delay in supplies and
possible demurrage charges. The receipt obtained for such payment should be
forwarded to the Buyer without delay together with a copy of the relevant act or bylaws/
notifications of the Municipality of the local body concerned to enable him to take up the
question of refund with the concerned bodies if admissible under the said acts or rules.
PART IV SPECIAL CONDITIONS OF RFP
39.
The Bidder is further required to give clause by clause confirmation of their
acceptance of Special Conditions of the RFP mentioned below which will automatically
be considered as part of the Supply Order concluded with the successful Bidder (i.e.
Seller in the Supply Order) as selected by the Buyer. Failure to do so may result in
rejection of Bid submitted by the Bidder.
40.
Performance Security / Warranty Bank Guarantee- Performance
security
is
payable by the supplier at the rate of 10% of the Supply Order value and is to be taken
from every successful bidder irrespective of the registration status of the firm. Performance
Security deposit payable to the Purchaser is to be furnished by the Supplier in the form of a
Performance Bank Guarantee (PBG) issued by a public sector bank or a private sector bank
authorized to conduct government business, in the prescribed format within thirty days from the
date of Supply Order. At present, ICICI Bank Ltd., Axis Bank Ltd. and HDFC Bank Ltd. are the
three private sector banks authorized to carry out government transactions. The performance
security deposit is meant to compensate the Purchaser for any loss suffered due to failure of
the supplier to complete his obligations as per the Supply Order. The PBG/WBG will remain
valid throughout the duration of the Supply Order up-to completion of supplies and continue
thereafter as a Warranty Bank Guarantee up-to sixty days beyond the date of completion of
all Supply Orderable obligations, including warranty. This obviates the need to obtain a fresh
Warranty Bank Guarantee from the supplier on commencement of the warranty period,
with corresponding return of the Performance Guarantee. In case the execution of the
Supply Order is delayed beyond the Supply Ordered period and the purchaser grants extension
of delivery period, with or without LD, the supplier must get the BG revalidated, if not already
valid. The format of PBG cum WBG is given in Form DPM-15.
41.
The Performance Bank Guarantee will be subject to encashment by the Buyer, in case
the conditions regarding adherence to the delivery schedule, settlement of claims and other
provisions of the Supply Order are not fulfilled by the Seller.
42.
[Signature of Seller]
Page 12
[Signature of Buyer]
43.
Transit Insurance The purchaser will not pay separately for transit insurance and the
suppliers will be responsible for the entire stores contracted, for its arrival in good condition at
destination.
44.
Rectification of defect In the event of the stores being given back to the manufacturer
for rectification of defects, the manufacturer will ensure that the defects are attended to
immediately without loss of time so that the stores can be re-inspected. However, it should be
noted that the manufacturer will not be entitled to dispose of the stores which are given for
rectification, without prior permission of the Indentor/Purchaser.
45.
Special condition
(a)
The contractor shall make his own arrangement for the procurement of all raw
materials required for this contract.
(b)
Any improvement / change and modification suggested till the bulk manufacture
commences shall be under taken by the contractor at his own risk and expense to meet
the requirement of design / specification to the entire satisfaction of the inspecting
officer.
(c)
The vendor is to also provide delivery status of ordered item to the Dte of
Stores, Air HQ (RKP) and consignee unit till deliveries are completed.
46.
47.
Payment Terms for Indigenous Sellers It will be mandatory for the Bidders to indicate
their Bank account numbers and other relevant e-payment details so that payments could be
made through ECS/EFT mechanism instead of payment through cheques, wherever feasible. A
copy of the model mandate form prescribed by RBI to be submitted by Bidders for receiving
payments through ECS is at Form DPM-11 (Available in MoD website). The payment will be
made as per the following terms, on production of the requisite documents:
(a). 95% Payment against provisional receipt of the item at the consignees premises
along with inspection note and other documents. Balance of 5% will be paid after the
stores have been properly checked and accounted for.
(b)
Part Payments for part supplies on pro-rata basis are also acceptable.
48.
Paying Authority Accounts Officer, O/o CDA (Air Force), West Block No V, RK
Puram, New Delhi-110605 . (Fax 011-26102879).
49.
Indigenous Sellers The payment of bills will be made on submission of the following
documents by the Seller to the Paying Authority along with the bill:
(i).
Ink-signed copy of contingent bill / Sellers bill.
(ii).
[Signature of Seller]
Page 13
[Signature of Buyer]
(iii). Copy of Supply Order/Supply Order with U.O. number and date of IFAs
concurrence, where required under delegation of powers.
(iv).
(v).
Inspection Note.
(vi). 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.
(vii).
(x).
(xi). DP extension letter with CFAs sanction, U.O. number and date of IFAs
concurrence, where required under delegation of powers, indicating whether
extension is with or without LD.
(xii). Details for electronic payment viz Account holders name, Bank name,
Branch name and address, Account type, Account number, IFSC code, MICR
code (if these details are not incorporated in supply order/Supply Order).
(xiii). Any other document / certificate that may be provided for in the
Supply Order / Supply Order.
(xiv). User Acceptance.
50.
Fall Clause Seller is to confirm acceptance of fall clause as per provision of DPM 2009
covered in Pt-IV/Appendix C of DPM 2009 (Page 188) which will form part of Supply Order.
Fall clause is applicable only for supplies to departments /organizations within India.
(a)
The price charged for the stores supplied under the contract by the Seller shall in
no event exceed the lowest prices at which the Seller sells the stores or offer to sell
stores of identical description to any persons/Organization including the purchaser or
any department of the Central government or any Department of state government or
any statutory undertaking the central or state government as the case may be during
the period till performance of all supply Orders placed during the currency of the rate
contract is completed.
(b)
If at any time, during the said period the Seller reduces the sale price, sells or
offer to sell such stores to any person/organization including the Buyer or any Deptt, of
central Govt. or any Department of the State Government or any Statutory undertaking
of the Central or state Government as the case may be at a price lower than the price
chargeable under the contract, the shall forthwith notify such reduction or sale or offer of
sale to the Director general of Supplies & Disposals and the price payable under the
contract for the stores of such reduction of sale or offer of the sale shall stand
correspondingly reduced. The above stipulation will, however, not apply to:-
[Signature of Seller]
Page 14
[Signature of Buyer]
(i)
(ii)
Sale of goods as original equipment at price lower than lower than the
prices charged for normal replacement.
(iii)
(iv)
Sale of goods at lower price on or after the date of completion of
sale/placement of the order of goods by the authority concerned under the
existing or previous Rate Contracts as also under any previous contracts entered
into with the Central or State Govt. Depts, including their undertakings excluding
joint sector companies and/or private parties and bodies.
51.
Earliest Acceptable Year of Manufacture The item supplied should be of the current
year of manufacture (as applicable on the date of delivery) and should be left with minimum
90% of the shelf life. The vendor is required to submit Year of manufacture, Quality / Life
certificate to the consignee unit and also enclosed with the Bill.
52.
Such default.
(ii)
In the event of the contract being wholly determined the balance of the
stores remaining to be delivered there under.
(d)
Any excess of the purchase price, cost of manufacturer, or value of any stores
procured from any other supplier as the case may be, over the contract price appropriate
to such default or balance shall be recoverable from the SELLER.
53.
Quality The quality of the stores delivered according to the present Contract shall
correspond to the technical conditions and standards valid for the deliveries of the same stores
for in Sellers country or specifications enumerated as per RFP. The Seller confirms that the
stores to be supplied under this Contract shall be new and manufactured during current year
(on date of delivery)and shall incorporate all the latest improvements and modifications thereto
and spares of improved and modified equipment are backward integrated and interchangeable
with same equipment supplied by the Seller in the past if any. The Seller shall supply an inter[Signature of Seller]
Page 15
[Signature of Buyer]
changeability certificate along with the changed part numbers wherein it should be mentioned
that item would provide as much life as the original item and is fit in form and function.
54.
Quality Assurance Seller would provide the Standard Acceptance Test Procedure
(ATP) within one month of this date of contract. Buyer reserves the right to modify the ATP. The
Seller would be required to provide all test facilities at his premises for acceptance and
inspection by buyer as per specification JSS-6140-10-2007. The test facilities should be of
latest version. The item should be of the latest manufacture, conforming to the current
production standard and having 90% defined life at the time of delivery.
55.
Transportation The following Transportation clause will be the part of the contract
placed on successful Bidder:(a)
The transportation and delivery of the items at the consignee unit would be the
responsibility of the vendor under his own arrangements.
56.
Packing and Marking The following Packing and Marking clause will form part of the
contract placed on successful Bidder:
(a)
The Seller shall provide packing and preservation of the equipment and
spares/goods contracted so as to ensure their safety against damage in the conditions of
land, sea and air transportation, transshipment, storage and weather hazards during
transportation, subject to proper cargo handling. The Seller shall ensure that the stores
are packed in containers, which are made sufficiently strong, and with seasoned wood.
The packing cases should have hooks for lifting by crane/fork lift truck. Tags with proper
marking shall be fastened to the special equipment, which cannot be packed.
(b)
The packing of the equipment and spares/goods shall conform to the
requirements of specifications and standards in force in the territory of the Sellers
country.
(c)
One copy of the packing list in English shall be inserted in each cargo package,
and the full set of the packing lists shall be placed in case No.1 painted in yellow color.
(d)
The seller shall mark each package with indelible paint in the English language as
follows: (i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Contract No.---------------------------------------Consignee ------------------------------------------Seller---------------------------------------------Package No. ---------------------------------------Gross/net weight ---------------------------------Overall dimensions/volume -------------------The sellers marking.
57.
Inspection Authority
The inspection will be carried out by DGAQA/E&I, H Block,
New Delhi- 110011 (Tele: 011- 23793028, Fax: 011- 23010941). or his authorized rep.
58.
Claims
The following Claims clause will form part of the contract placed on
successful Bidder
(a)
[Signature of Seller]
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[Signature of Buyer]
(ii)
On quality of the stores, where quality does not correspond to the quality
mentioned in the contract.
(b)
The quantity claims for deficiency of quantity shall be presented within 45 days of
completion of JRI and acceptance of goods. The quantity claim shall be submitted to the
Seller as per Form DPM-22(Available in MoD website and can be given on request).
(c)
The quality claims for defects or deficiencies in quality noticed during the JRI shall
be presented within 45 days of completion of JRI and acceptance of goods. Quality
claims shall be presented for defects or deficiencies in quality noticed during warranty
period earliest but not later than 45 days after expiry of the guarantee period. The quality
claims shall be submitted to the Seller as per Form DPM-23(Available in MoD website
and can be given on request).
(d)
The description and quantity of the stores are to be furnished to the Seller along
with concrete reasons for making the claims. Copies of all the justifying documents shall
be enclosed to the presented claim. The seller will settle the claims within 45 days from
the date of receipt of the claim at the sellers office, subject to acceptance of the claim by
the seller. In case no response is received during this period the claim will be deemed to
have been accepted.
(e)
The seller shall collect the defective or rejected goods from the location
nominated by the Buyer and deliver the repaired or replaced goods at the same location
under sellers arrangement.
(f)
Claims may also be settled by reduction of cost of the goods under claim from
bonds submitted by the Seller or payment of claim amount by Seller through demand
draft drawn on an Indian Bank, in favour of Principal Controller/Controller of defence
Accounts concerned.
(g)
The quality claims will be raised solely by the Buyer and without any certification
/countersignature by the Sellers representative stationed in India.
59.
Specification The following specification clause will form part of the contract placed on
the successful Bidder. The Seller guarantees to meet the technical specifications as per
JSS-6140-10-2007.
60.
Franking clause The following Franking clause will form part of the contract placed on
successful Bidder
(a)
Franking Clause in the case of Acceptance of Goods The fact that the goods
have been inspected after the delivery period and passed by the Inspecting Officer will
not have the effect of keeping the contract alive. The goods are being passed without
prejudice to the rights of the Buyer under the terms and conditions of the contract.
(b)
Franking Clause in the case of Rejection of Goods The fact that the goods
have been inspected after the delivery period and rejected by the Inspecting Officer will
not bind the Buyer in any manner. The goods are being rejected without prejudice to the
rights of the Buyer under the terms and conditions of the contract.
[Signature of Seller]
Page 17
[Signature of Buyer]
61.
Warranty
(a)
The following Warranty will form part of the contract placed on the successful
Bidder:
(i)
Except as otherwise provided in the invitation tender, the Seller hereby
declares that the goods, stores articles sold/supplied to the Buyer under this
contract shall be of the best quality and workmanship and new in all respects and
shall be strictly in accordance with the specification and particulars contained/
mentioned in contract. The Seller hereby guarantees that the said
goods/stores/articles would continue to conform to the description and quality
aforesaid for a period of 24 months from the date of delivery of the said
goods/stores/articles to the Buyer.
62.
Special Condition The vendor is to also provide delivery status of ordered item to the
Dte of Purchase, Air HQ (VB), Dte of Stores, Air HQ (RKP) and consignee unit till deliveries are
completed.
PART V EVALUATION CRITERIA & PRICE BID ISSUES
63.
Evaluation Criteria The broad guidelines for evaluation of Bids will be as follow
(a). Only those Bids will be evaluated which are found to be fulfilling all the eligibility
and qualifying requirements of the RFP, both technically and commercially.
(b). In respect of Two-Bid system, the technical Bids forwarded by the Bidders will be
evaluated by the Buyer with reference to the technical characteristics of the equipment
as mentioned in the RFP. The compliance of Technical Bids would be determined on the
basis of the parameters specified in the RFP. The Price Bids of only those Bidders will
be opened whose Technical Bids would clear the technical evaluation.
(c)
The Lowest Bid will be decided upon the lowest price quoted by the
particular Bidder as per the Price Format provided as BOQ.xls along with tender
documents. The consideration of taxes and duties in evaluation process will be
as follows:
(i)
For determination of L-1 Determination of L-1 will be done based
on total basic prices (not including levies, taxes and duties levied by
Central / State / Local Governments such as Excise Duty, VAT / CST,
Service Tax, Octroi / Entry Tax etc., on final product ).
(ii)
Not in scope of L-1 determination Levies, taxes and duties levied by
Central / State / Local Governments such as Excise Duty, VAT / CST,
Service Tax, Octroi / Entry Tax etc., and any other taxes / duties.
(d)
If there is a discrepancy between the unit price and the total price that is obtained
by multiplying the unit price and quantity, the unit price will prevail and the total price will
be corrected. If there is a discrepancy between words and figures, the amount in words
will prevail for calculation of price.
(e)
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
[Signature of Seller]
Page 18
[Signature of Buyer]
is convinced that Lowest Bidder is not in a position to supply full quantity in stipulated
time.
64.
Price Bid Format The Commercial bid format is provided as BoQ.xls along with this
tender document at https://eprocure.gov.in/eprocure/app. Bidders are advised to download
this BoQ.xls as it is and quote their offer in the permitted column. Bidders are also to fill the
duties & Taxes columns as applicable, to ascertain the total cash outgo. However, the
determination of L-1 will be done as per the above mentioned evaluation criteria (in
Para- 63).
Note. Please confirm that the store offered by you is exactly as required under tender
enquiry description specification/drawing.
Thanking you,
Yours faithfully,
S/d-------(Sameer Kumar)
Wg Cdr
JD Proc (TE Cell)
For and on behalf of the President of India
Annexure : As stated.
Appendix A : Schedule of Requirement
Appendix B : Summary of standard terms and conditions.
Copy to:1
Indentor
(Dte Stores)
2.
DGAQAE&I,
H Block
[Signature of Seller]
Page 19
[Signature of Buyer]
Appendix 'A'
Refers to Para 17 of RFP
SCHEDULE OF REQUIREMENT
AIRHQ/DPUR/I/1525060 Dated
01 Jan 2016
Sl
No
(i)
GIG No.
491674
Part no.
Description
DoQ
5J/3681C
Qty
700
Specification Details
JSS 6140-10- 2007
NOTE
1.
Always indicate IAF GIG No. along with the offered Part Number.
2.
Whenever alternate/ modified Part No. is offered, please confirm categorically that
offered part no. is fit in form and function (attach OEM letter/ digital photo/ relevant drawing/
catalogue etc for reference/ guidance during technical evaluation).
3.
Minimum Order Qty (MoQ) / Minimum Order Value (MoV), if any, be clearly indicated.
4.
Kindly go through the instructions contained in DPM-09 (as amended) on guidelines on
RFP/Tenders before submitting the offer. Details can be perused at MoD official website
www.mod.nic.in.
5.
Quality certificate is mandatory for the items offered at the time of supply.
S/d------(Sameer Kumar)
Wg Cdr
JD Procurement (TE Cell)
For and on behalf of the President of India
[Signature of Seller]
Page 20
[Signature of Buyer]
Appendix B
Refers to Para 5(b) of RFP
SUMMARY OF STANDARD TERMS AND CONDITIONS
(to be submitted along with Techno-Commercial Bid)
Sl
No
Applicable Clause of
Acceptance
RFP
Part I Para 14
Part I Para 15
YES/ NO
Part II Para 22
Consignee
( please specify)
YES/ NO
LD clause
YES/ NO
Part IV Para 40
Part IV Para 47
Performance Bank
Guarantee @10%
Terms of Payment
YES/ NO
7
8
Part IV Para 50
Page No.177
Para 8
Page No. 262
Para 1
Page No.263
Para 6
Page 188 Para
9
Part IV Para 51
Page No 269
Para 17
Year of Manufacture
Please Specify
10
Part-IV Para 52
Page No 190
Para 11
(Yes/No)
11
Page No 196
Para 23
Page No 275
Quality/Quality Assurance
(Yes/No)
12
Franking Clause
(Yes/No)
13
Part IV Para 56
14
15
16
17
DPM 2009
Page No 170
Para 13
Page No.170
Clause
Remarks
(Append
amplification
Text, if any)
Validity of Quotes/Bids
(180 days from TOD)
Earnest Money Deposit
..2015
Please
Specify
Yes/No
. Months
from date of
signing of SO.
YES/ NO
Fall Clause
YES/ NO
Page No.271
Packing & Marking
(Yes/No)
Para 21
Part-IV Para 57
Page No.273
Inspection Authority
(Yes/No)
Para 24
Part IV Para 58 &
Page No.275
Claims and Warranty
(Yes/No)
61
Para 28&29
Part-IV Para 59
Page No.269
Specification
(Yes/No)
Para 14
Part V Para 63
Page No.275
Evaluation Criteria
(Yes/No)
Para 28 & 29
All the other T&Cs as mentioned in Part III of RFP are also accepted.
Company Seal
Date:..Signature of Authorised Representative / Designation
Page 21
[Signature of Buyer]