1. No category

NOTICE INVITING ONLINE TENDER
ADVERTISED TENDER ENQUIRY
GOVT OF INDIA, MINISTRY OF HOME AFFAIRS
DIRECTORATE GENERAL, NATIONAL SECURITY GUARD
PROVISIONING BRANCH (PROCUREMENT CELL)
MEHRAM NAGAR , PALAM,NEW DELHI-110 037.
Tel: 011-25663251,3256, 3259,3347 Fax: 011-25663258,3177
e-mail: [email protected]
File No. 79014/05/2015/Prov(PC)/HQ NSG/
Tender No. 10/2015/MV(G)
Dated, the
April, 2015
DG, National Security Guard, on behalf of the President of India invites online tenders under
TWO BID SYSTEM (Technical & Financial Bid) for the following equipment:Sl.No.
1.
Description of store required
EXCAVATOR CUM
(Yellow colour)
Qty
BACKHOE
LOADER
(JCB) 01 No.
Last date and time of receipt of online tender : 11.06.2015 up to 1500 Hrs.
Date and time of online tender opening
: 11.06.2015 at 1530 hrs.
Earnest Money
: Rs. 40,000/Tender Cost
: Rs. 500/Note:
The complete tender documents can be accessed & downloaded from CPP Portal
http://eprocure.gov.in/eprocure/app
Please regularly check the website for any
changes/modification/ amendment in the Tender Enquiry.
Those filling in the tender entries are advised to ensure that their tenders are complete in
all respects, all documents have been filled in and all supporting documents are uploaded only in
CPP Portal http://eprocure.gov.in/eprocure/app. Incomplete tender enquiry is liable to be
ignored/rejected.
(Vivek Bhandral)
Group Comdr.(Proc)
For and on behalf of President of India
FORM 241 : INVITATION TO ONLINE TENDER
(ADVERSTISED TENDER ENQUIRY)
Govt of India, Ministry of Home Affairs
Directorate General, National Security Guard
Provisioning Branch (Procurement Cell)
Mehram Nagar, Palam, New Delhi- 110037 (INDIA)
Tel: 011-25663251,3256, 3259,3347 Fax: 011-25663258,3177
e-mail: [email protected]
File No. 79014/05/2015/Prov(PC)/HQ NSG/
Tender No. 10/2015/MV(G)
Dated, the
April,2015
To
M/S-------------------------------------------------------------------------------------------------------On behalf of the President of India I invite you to online tender for the supply of the stores
detailed in the schedule to tender enclosed.
2.
The conditions of contract which will govern any contract made are contained in the Pamphlet
No. DGS&D 39 entitled “Conditions of Contract Governing Contracts placed by the Central Purchase
Organization of the Government of India”, as amended up to date & those contained in the Pamphlet
No. DGS&D 229, containing the various instructions to tenderers quoting against the tender enquiries
issued by the Directorate General of Supplies & Disposals (DGS&D), read with the amendments upto
date. Any special conditions attached to this invitation to tender will also form part of the
conditions of contract.
3.
The above pamphlets, and the list of corrections thereto can be downloaded from the DGS&D
website (www.dgsnd.gov.in) or obtained on payment from The Directorate General Supplies &
Disposal (DGS&D), New Delhi and its Regional Offices at Mumbai, Chennai, Kolkata & Kanpur.
4.
If you are in a position to quote for the supply of these stores in accordance with the
requirements stated in the attached schedule to tender, all documents attached herewith should be
filled
in,
signed
&
stamped
and
submitted
through
e-Procurement
site
https://eprocure.gov.in/eprocure/app.
5
Indian Agents of Foreign Firms quoting directly against this online tender must be
enlisted with the DGS&D, as per Compulsory Enlistment Scheme of the Department of
Expenditure otherwise their offers will be rejected.
6.
In case any foreign manufacturer is quoting directly against this online tender but has
appointed any Indian firm/individual to represent it or facilitate its tender, manufacturers
authorization on its letterhead must be uploaded on CPP Portal by the foreign firm.
7.
You are requested to study the tender document completely and ensure all documents and
annexures to the tender are completely and correctly filled in, signed and stamped where applicable
and then uploaded on CPP Portal.
8.
This online Tender is NOT transferable.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For and on behalf of President of India
SCHEDULE TO ONLINE TENDER
Govt of India, Ministry of Home Affairs,
Directorate General, National Security Guard,
Provisioning Branch (Procurement Cell),
Mehram Nagar, Palam, New Delhi- 110037 (INDIA)
Tel: 011-25663251,3256,3259,3347 Fax: 011-25663289,3258,3177,25671639
e-mail: [email protected]
File No. 79014/05/2015/Prov(PC)/HQ NSG/
Tender No. 10/2015/MV(G)
For and on behalf of the President of India, the Directorate General NSG New Delhi invites online
tenders under Two Bid System( Technical and Financial Bid ) on the prescribed form, for the execution
of the following work as detailed in this schedule to tender:
Sl.No.
1.
Description of store required
EXCAVATOR CUM BACKHOE LOADER (JCB) (Yellow colour)
Qty
01 No.
2.
This tender enquiry has the following chapters and appendices:
Schedule to online Tender
Page- 01
i
Chapter I
: Instructions to Bidders
Page-02 to 09
Instruction for online Bid submission
Page-10 to 12
ii
Chapter II
: Conditions of Tender/Contract
Page-13 to 21
iii
Chapter III
: Schedule of Requirements
Page-22
iv Chapter IV
: Specifications
Page-23 to 31
v
Chapter V
: Compliance Statement
Page-32
vi Chapter VI
: Standard Forms to be filled & uploaded by bidders:
Appendix-1
Offer of Stores ( Form 68A )
Page- 33
Appendix-2
Questionnaire
Page-34 to 35
Appendix-3
Form 7, Proforma for Equipment &Quality Control
Page-36 to 37
Appendix-4
Details of Manufacturer
Page-38 to 42
Appendix-5
Performance Statement Format
Page- 43
Appendix-6
Bank Guarantee Format for furnishing Earnest Money
Page- 44
(EMD)
vii Chapter VII
: Annexure to be filled and uploaded by bidders:
Annexure-A
Price Schedule Annexure-A
Page- 45
Annexure-B
Certificate to be digital signed by tenderers
Page- 46
Annexure-C
Proforma for “e-payment”
Page- 47
Annexure-D
Integrity Pact
Page- 48 to 52
Annexure-E
Check list for tenderers
Page-53 to 54
3. All Tender documents attached with this invitation to tender including the specifications are
SACROSANCT for considering any offer as complete offer. It is therefore important that Tender
Acceptance Letter which is a written undertaking that all the terms and condition of the tender are
understood and accepted should be signed and submitted only through e-Procurement site
https://eprocure.gov.in/eprocure/app.
4. Tenderers are advised to carefully go through all the conditions and documents attached with this
tender enquiry, before uploading the tender.
5. All tender documents attached with the tender are sacrosanct for considering any offer as a
complete offer.
6. All tender documents must be duly completed, digitally signed by authorized signatory on each
page and uploaded.
7. Tenderers must ensure this complete set, starting from Form 241 Invitation to Tender and
Schedule to Tender from page 1 to 54 is signed on each page and uploaded with their offer, as it
is, without any modification/alteration.
8. In case of any difference between the conditions mentioned in schedule to tender and the
specification/QRs, the condition given in the specifications will be binding.
9. The tenderer can quote product/products of one OEM only.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-1 of 54
Chapter- I
Instructions to Bidders
(THIS TENDER SET IS NOT TRANSFERABLE)
1.
2.
Name of Stores
EXCAVATOR CUM BACKHOE LOADER (JCB)
(Yellow colour), Qty-01 No.
Tender Cost
: Rs.500/Those who download the tender set from the CPP website must submit the cost of tender
through a Bank Draft / Bankers Cheque in favour of PAO, NSG payable at New Delhi at the
time of submission of tender. Tender documents submitted without the cost will be rejected.
:
3.
Earnest Money
Rs. 40,000/-
4.
5.
6.
7.
8.
9.
10.
Date of issue / publishing of tender
Document download / Sale start date
Document download/ Sale end date
Clarification start date
Clarification end date
Last date & time for uploading of online tender
30/04/2015 at 1500 Hrs
30/04/2015 at 1515 Hrs
11/06/2015 at 1500 Hrs
01/05/2015 at 1500 Hrs
21/05/2015 at 1500 Hrs
11/06/2015 up to 1500 hrs.
Date and time for opening of online tender
11/06/2015 at 1530 hrs.
11.
Place of Submission of Tender Documents :
Original payment instrument in respect of Tender Fee/EMD, Samples, Lab Test Certificate,
Pre-receipt challan for refund of Earnest Money duly completed in all respects are to be
submitted in TENDER BOX placed outside Procurement Cell at Room No 120, Ground Floor
of HQ NSG, Mehram Nagar, Near Domestic Airport, Palam, New Delhi-110037 by
11/06/2015 upto 1500 hrs. Late/Delayed/Non submission of originals would result in
rejection of bid during online bid opening.
12.
Form of Earnest Money Deposit (EMD):
The EMD can be deposited in the following form only:
i) Account Payee Demand Draft, Fixed Deposit Receipt, Banker's Cheque drawn in favour
of Pay and Accounts Officer, National Security Guard payable at New Delhi.
ii) An irrevocable Bank Guarantee (BG) of any Indian Nationalized/Scheduled Bank in Indian
Rupees, in the format supplied with the tender.
13.
OFFER VALIDITY :
6 months (180 Days) from date of tender opening.
In the absence of any indication in the tender documents submitted, of the date up to which
the offer has been kept valid, it will be taken that the offer will remain open for acceptance for
the period specified in the Schedule to Tender.
14.
Extension of validity & Earnest Money :
If the validity of the tender is extended, the validity of the Earnest Money will also have to be
suitably extended by the tenderer failing which their tender shall not be considered by the
purchaser after the expiry of the aforesaid period.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-2 of 54
15.
Eligibility for Responding to Tender :
a) i) Only those firms should respond who are the manufacturer of the stores specified
in the tender specifications.
ii) In countries where manufacturers are authorized to export such equipment only through
their authorized Govt. marketing agency, such agencies will be allowed to bid. The
tenderer must furnish a certificate from the manufacturer and their Govt., with the
tender, certifying the authenticity of this requirement, failing which their tender will be
summarily ignored.
iii)The Foreign Manufacturers of the tendered stores will have to specify in the tender
document, details of the after sales service to be provided after expiry of warranty
period.
b) Indian Agent of Foreign Manufacturers/ Principal are allowed to participate in the
tender subject to the following conditions:i)
(a) The Indian Agent must be enlisted with the DGS&D for the tendered stores, on the
date of opening of technical bids, under the compulsory registration scheme of the
Department of Expenditure.
(b) Attention is drawn to DGS&D Circular No. 12 dated 17 Sep 2009 (available on
DGS&D website) in this regard. In view of the stand of DGS&D on the
Enlistment with DGS&D as an Indian Agent of Foreign Principals under
Compulsory Enlistment Scheme of the Department of Expenditure of the
Ministry of Finance as contained in the DGS&D Circular No.12 dated 17 Sep
2009, offers from Indian Agents not enlisted with DGS&D under this scheme
and
submitting
bids
on
behalf
or
otherwise
of
foreign
manufacturers/principals will NOT be considered in any manner whatsoever.
ii) Those Indian Agents who have applied to the DGS&D for enlistment before the date and
time of opening of technical bids can also be considered, provided their enlistment with
DGS&D is operational before the opening of price bids and the Indian Agent has inform
the purchaser of this, in writing, well in advance of price bid opening.
iii) (a)The Indian Agent will submit along with the tender documents, a copy of the
agreement with the Foreign Manufacturer/Principal, giving particulars of the precise
arrangement with the foreign principal and their interest in the business in India.
(b) Such agreement with the Foreign Manufacturers/ Principal should be a longterm agreement and not merely for the present tender.
(c) If the agreement is only for the present tender, the offer received is liable to be
rejected.
(d) The Indian Agent will provide details of the after sales service and post contractual
support i.e. repair, maintenance, supply of spare parts etc. that he will carry out.
(e) Offers from firms whose business activities are limited to procuring items
from manufacturers, both Indian and Foreign and supplying the same to the
purchaser, and having no after sales service backup will not be entertained.
(f) The Indian agent will be required submit details of his commission or any other
arrangements with the Foreign Manufacturers/Principal as remuneration for
providing the tendered items.
iv) The Indian Agent must have the necessary permission/clearance/license/
authorization from the Central Govt. of India, to deal in or offer for sale the tendered
stores, in case the tendered item comes within the purview of arms, ammunition,
explosives or explosive substances. A copy of the same must be enclosed with
the offer failing which their offer will be set aside.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-3 of 54
16.
Clarification on Specifications/QR
In case any prospective bidder requires clarification(s) on technical specifications /
Qualitative Requirements (QR’s) he may notify the purchaser in writing, before 21 days
of date of receipt of tenders. The purchaser will respond only to a request for
clarification’s on QR’ if it is received earlier than 21 days of the date of receipt of
tenders. No such requests received within 21 days of the date of receipt of tender will
be entertained by the purchaser.
17.
Sample Clause:
Tender Samples
: NOT REQUIRED WITH TENDER.
20.
: If called for in QR’s / Specifications, copy must be
enclosed/uploaded with bid.
Sampling and Inspection Criteria:
The tenderers will have to abide by the sampling and inspection criteria formulated by
the purchaser.
The Purchaser
: The President of India
21.
Inspection Authority
:
22.
23.
Inspection Officer
Stores Required At (Consignee)
:
:
24.
Delivery By
25.
Terms of Delivery & Dispatch Instructions:
Free delivery to consignee basis only. [CIP IGI Airport New Delhi only for Foreign Firms
quoting directly] (Indian agents of foreign manufacturers will have to offer on free delivery to
consignee basis only and payment shall be made to them in Indian Rupees in India only).
26.
Pre-Dispatch Inspection/Joint Receipt Inspection :
i) Pre-dispatch Inspection: Pre-dispatch inspection (PDI) If specified in supply order will
be carried out by a board of officers in order to check its compliance with specifications.
18.
19.
Lab. Test Report
The Director General, NSG,
HQ NSG, Mehram Nagar, Palam,
New Delhi-100037.
Board of Officers of NSG
Sqn. Cdr., Transport Sqn., NSG Manesar, Gurgaon.
(Haryana) PIN-122051.
:- Within 90 days from the date of issue of A/T.
ii) Joint Receipt Inspection(JRI):
a) Joint Receipt Inspection shall be completed within 30 days of receipt of stores.
b) The successful tenderer will have to provide at his own cost & arrangements
technically qualified personnel at the consignee’s location for JRI. These personnel
must be able to unpack, assemble and demonstrate the use of the equipment fully
and identify each part/component supplied.
c) If any lot is rejected in final inspection as not confirming to Specification before
acceptance, the same must be replaced. Alternatively at purchaser’s option, money be
refunded positively within 07 days of issue of notice of such rejection. The consignee’s
right of rejection in this regard will be final and absolute.
d) In case stores/part of stores are found deficient/defective/damaged during
inspection after delivery to consignee, the suppliers will first replace the store or
repair the store at consignee location free of cost and then defected/damaged store
will be released.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-4 of 54
27.
Packing & Marking:
The packing and preservation of the supplied goods shall be airworthy/seaworthy
/roadworthy (as the case may be) so that it may provide their safety during transit period.
The seller shall guarantee that the packing is strong enough to withstand the safety of the
goods during transportation.
Each packing case shall have labels as follows:
Contract No._______________________
Consignee: Sqn. Cdr., Transport Sqn., NSG Manesar, Gurgaon, (Haryana) PIN-122051..
Purchaser:
Director General,
National Security Guard,
HQ NSG Provisioning Dte,
Mehram Nagar,(Near Domestic
Airport), Palam, New Delhi-110 037.
INDIA
Telephone No 00-91-11-25663250,
Fax 00-91-11-25663258, 25671639
All damages which may occur as a result of defective packing shall be borne by the seller.
28.
29.
30.
31.
Drawing or sketch (plan) showing outside dimension for all oversize packages which fall
outside moving dimension should be prepared so that movement can be planned in
advance.
Dispatch Instructions & Documentation:
The Seller must intimate to the Purchaser, by telephone, fax and Speed Post 01 week in
advance, the mode of transport and anticipated date of delivery of each consignment.
Compliance Statement:
The firms must submit/upload compliance statement in the format given in Chapter V
along with technical bid failing which their offer will be treated as incomplete and is
liable to be ignored.
Security Deposit:
The successful tenderer will be required to furnish Security Deposit @ 10% of the contract
value within 30 days of award of contract, for the due performance of the contract, as per
clause 7 of DGS&D 68 (Revised), if specified in the supply order. Failure on the part of the
supplier to deposit the security deposit within the stipulated time will make the order null &
void.
Guarantee/Warranty Terms: If not specified in QRs/specification.
Minimum three years warranty required. Warranty period will start from the date of
acceptance of store.
Also, warranty terms as per clause-7 of Conditions of Contract contained in Form 68
(Revised) as amended till date, along with provisions of Conditions of tender/contract
attached will be applicable.
In case stores/part of stores are found defective /damaged during inspection after
delivery to consignee, the suppliers will replace or repair the store under warranty at
consignee’s location in India free of cost.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-5 of 54
32.
Performance Security Bond:
The successful tenderer will have to submit a Performance Guarantee/ Warranty Bond
equivalent to 10% of the Contract / Order value, valid till two months after the expiry of the
Warranty/ Guarantee period in the shape of a Bank Guarantee in the required proforma
which will be supplied along with the AT.
The Performance Guarantee / Warranty Bond will come into force after the receipt and final
acceptance of the stores. Final Acceptance will be from the date of acceptance of the
inspection report of the Inspecting Officer by the DG NSG. The Performance Guarantee /
Warranty Bond will remain valid till two months after the expiry of Warranty/ Guarantee
period which will be counted from the date of final acceptance of stores by the DG NSG.
Firms will have to direct their banker to extend the Performance bond to be valid till two
months after the expiry of Warranty/ Guarantee Period, if required. Where the Performance
Bank Guarantee is obtained by a foreign bank, it shall be got confirmed by a
Scheduled Indian Bank and shall be governed by Indian laws and be subject to the
jurisdiction of courts of the place of issue of the Acceptance of Tender (AT).
33.
Up-gradation of Equipment: NA.
Up-gradation of the Equipment and Software, if any, if required, shall be provided free of cost
during warranty period.
34.
Spares and AMC: If not specified in QRs/specification.
The tenderers should submit list of required spare parts along with items wise prices required
for 5 years beyond the warranty period along with price bid in sealed envelope accordingly.
A complete list of service centers in India, along with details of technical personnel manning
the service centers must also be submitted.
35.
Option Clause:
The purchaser reserves the right to place order on the successful tenderer for additional
quantity upto 25% of the quantity offered by them at the rates quoted by them at the time of
placement of contract or during the currency of the contract.
36.
Liquidated Damages:
In case the firm does not complete the supply within the laid down agreed delivery period as
per contract, liquidated damages will be charged @2% of the contract value per month or
part thereof, subject to a maximum of 10% of the contract value. The purchaser reserves
the right to either extend or cancel the contract after expiry of D.P.
37.
Conditions of Contract:
As contained in DGS&D 68(Revised) & DGS&D 229.
38.
Jurisdiction & Arbitration:
This tender and subsequent contract if any are subject to the jurisdiction of Indian Laws and
Courts at the place of issue of the schedule. Sole Arbitration is appointed by the DG NSG.
For details refer to Amendments to DGS&D 39 and Chapter-II attached with this schedule.
39.
Purchase/ Price Preference Clause:
The Purchaser reserves the option to give a Purchase/Price preference to the offers from
Public Sector Units and/or Small Scale/Cottage Industries/ Units over those from other firms
in accordance with Govt. policies as amended up to date.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-6 of 54
40.
Particulars to be furnished by Foreign Firms & their Indian Agents/associates :
The following particulars must be furnished by the Foreign Firms and the Indian Agents/
Associates/Representative or Facilitator of the foreign firms participating in the tender :
i) The precise relationship between the foreign Manufacturer /Principals & their Indian
Agents/ Associates Representative or Facilitator.
ii) The mutual interest which the manufacturer/ Principal and the Indian Agents/ associates
have in the business of each other.
iii)Any payment which the Agent/Associate /receives in India or abroad from the
manufacturer/Principal whether as a commission for the contract or as a general retainer
fee.
iv) Indian Agent’s Income Tax Permanent Account number.
v) The Foreign Supplier’s Income Tax Permanent Account number.
vi) All services to be rendered by the Agent/ Associate whether of general nature or in
relation to the particular contract.
N.B.: Tenders which do not comply with the above stipulations are liable to be
ignored.
41.
Submission of the proposal in TWO BID SYSTEM:
All bidders are required to submit their offers in two covers as under:A. TECHNICAL BID
(a)The FIRST COVER should contain the following:
i) Tender documents duly completed and signed but WITHOUT INDICATING THE
RATE QUOTED (Scanned copy)
ii) DD/Cheque towards cost of Tender set (Scanned copy). Original to be submitted
manually.
iii) Earnest Money or copies of DGS&D/NSIC certificates with amendments, if
registered for tendered store and exempted from depositing earnest
money)(Scanned copy). Original to be submitted manually.
iv) The technical details of the models offered along with the supporting original
technical literature, leaflets, brochures etc
v) Clause by clause compliance to specifications
vi) Details of warranty/terms and conditions, arrangements for after sale service in India
and training if required by users
B. SECOND COVER should contain the following:
Tenderers should submit price bid in format available in Annexure-I of Chapter-VII and
upload the same on CPP Portal http://eprocure.gov.in/eprocure/app.
42.
Tender
documents
are
available
at
CPPP
e-Procurement
site
https://eprocure.gov.in/eprocure/app which can be downloaded by interested firms free of
cost. However bidders are required to submit Tender Fee & EMD as applicable, as per
tender document while submitting the bids. The Demand Draft/Cheque for Tender Fee &
EMD should be drawn in favour of PAO, NSG payable at SBI R.K. Puram, New Delhi (Code
No.1076) and original should be submitted to the Procurement Cell before opening of the
tender.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-7 of 54
43.
44.
Tenders are not permitted to alter or modify their tenders after expiry of the deadline for
receipt of tender.
Evaluation of the Proposal:
A two stage procedure will normally be adopted:i) Stage-I:
(a) Evaluation of Technical Bids and if felt required/necessary Functional Demonstration/
Physical evaluation of the stores to assess their suitability against the laid down QR’s.
Firms to submit proforma report of similar kind of work executed for the Govt.
Organizations of the last three years.
(b) If felt required, and called for by evaluation board, the tenderers will have to give such
functional demonstration as per Schedule of Requirement on no cost no commitment
basis at a location specified by the purchaser. It will be tenderers responsibility to
submit the samples on the appointed date, time and place. Purchaser reserves the
right to extend the date & time of above functional evaluation as per merit.
(c) In case of imported stores, no assistance, except providing End User Certificate if
necessary, and certificate that equipment has been called for trials by NSG in
response to tender will be provided by the purchaser.
(d) The tenderers or their authorized Agent / representative / facilitator / dealer /
resellers / coordinator / liaison representative, whether registered or not, will have
to obtain import license/permission /NOC etc. from MHA/DGFT /Collector of
Customs, IGI Airport, New Delhi and landing permit from DGCA themselves.
(e) The consignment will have to be cleared from customs etc. by the firm/their
representative & deposited at specified location as intimated by NSG.
No requests in any manner shall be entertained in this regard.
(f)
Only in case of foreign manufacturers responding directly to tender, will the NSG carry
out these actions, in response to a direct written request from the firm.
(g) Tenderers must ensure that they enclose all original technical literature and detailed
documentary proofs which specifically bring out the compliance of the equipment being
offered against the QRs/specifications.
(h) In case it is not possible to verify compliance of equipment offered due to lack of
adequate documents no reference will be made to tenderer & the bid will not be
considered further.
ii) Stage-II:
Financial Evaluation
a) The price bids of only those firms will be opened whose stores as per schedule of
requirement have been found meeting the laid down specifications/QR’s. The Price Bid
will be evaluated accordingly.
b) For evaluation and comparison of offers on equitable basis, all the quoted prices (with
different currencies) will be converted into a single currency i.e. INR as per the selling
exchange rates established by RBI/SBI as prevailing on the date of opening of Tender.
i) It is in the tenderers interest to include all relevant and detailed technical data with their
bid.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-8 of 54
45.
Payment Terms
i) For Indigenous Stores:
100% payment will be made after receipt of stores on fulfillment of following conditions:a) Final acceptance of the store, after inspection by the Inspection Officer so appointed. The
date of final acceptance shall be the date on which the inspection report is accepted by the
Inspection authority i.e. the DG NSG.
b) Furnishing of performance bond @ 10% of order value valid from date of final acceptance of
stores valid till two months after expiry of Warranty/ Guarantee period laid down, in the
shape of a Bank Guarantee in the required Proforma.
c) PAYMENT WILL BE MADE THROUGH “E-PAYMENT” ONLY. All firms are required to
fill up the Proforma attached with this tender and get it duly endorsed from
concerned bank & submit with the tender.
ii) For Imported Stores:
a) 100% of price of stores excluding the Indian Agents Commission will be paid against an
Irrevocable Letter of Credit, on presentation of shipping documents, Manufacturers
Inspection Certificate, Guarantee/ Warranty Certificate, Country of Origin Certificate from
the Chamber of Commerce of the country of origin and other necessary documents( as
mentioned in the supply order) and after final Acceptance of the stores and submission of
Performance Bond equivalent to 10% of order value in the form of a Bank Guarantee in the
Prescribed format valid from the date of Final acceptance of stores till expiry of two months
after expiry period laid down.
b) To Indian Agent: 100% Agency Commission will be paid after successful installation &
Commissioning / acceptance of the equipment /store at consignees end/by Inspection
Authority.
PAYMENT WILL BE MADE THROUGH “E-PAYMENT” FOR WHICH DULY COMPLETED
PROFORMA HAS TO BE SUBMITTED.
46.
Mode of Payment:
Through e-payment for Indian Firms.
THE PAYMENT TO THE FOREIGN SUPPLIER WILL BE MADE BY LETTER OF CREDIT
OPENED BY THE STATE BANK OF INDIA. IN CASE SUPPLIER DESIRES LETTER OF
CREDIT TO BE CONFIRMED ON A DESIGNATED FOREIGN BANK, SUCH
CONFIRMATION CHARGES WILL BE PAYABLE BY HIM.
47.
Training: If not specified in QRs/specification.
THE TENDERERS SHALL PROVIDE FREE TRAINING TO THE USER AT THE TIME OF
INSTALLATION/ COMMISSION/ ISSUE OF STORES TO USERS, AS APPROPRIATE FOR
A MINIMUM PERIOD OF ONE WEEK AT THE CONSIGNEES/USERS LOCATION AS
SPECIFIED BY THE PURCHASER.
48.
Insurance:
The purchaser will not separately pay for transit insurance and supplier will be
responsible till the entire stores contracted for, arrive in good condition at the
destination. The consignee must notify to the contractor any loss or damage to the stores that
may have occurred during transit as soon as possible, but not later than 30 days of date of
arrival of stores at the destination.
49.
For any change in terms and condition of tender/tender specifications, the Tenderers are
requested to visit CPP e-Procurement site https://eprocure.gov.in/eprocure/app regularly.
50.
The purchaser reserves the right to increase or decrease the quantity of the stores at
any stage or to cancel or reject any / all of the tendered stores without assigning any
reasons.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-9 of 54
Instructions for online Bid submission
Instructions to the Bidders to submit the bids online thro’ the Central Public Procurement
Portal for e Procurement at https://eprocure.gov.in/eprocure/app
1) Possession of valid Digital Signature Certificate (DSC) and enrollment/registration of the
contractors/bidders on the e-procurement/e-tender portal is a prerequisite for etendering.
2) Bidder should do the enrollment in the e-Procurement site using the “Click to Enroll” option available
on the home page. Portal enrollment is generally free of charge. During enrollment/registration, the
bidders should provide the correct/true information including valid email_id. All the correspondence
shall be made directly with the contractors/bidders through email_id provided.
3) Bidder need to login to the site thro’ their user ID / password chosen during enrollment / registration.
4) Then the Digital Signature Certificate (Class II or Class III Certificates with signing key usage)
issued by SIFY/TCS/nCode/eMudra or any Certifying Authority recognized by CCA India on
eToken/SmartCard, should be registered.
5) The DSC that is registered only should be used by the bidder and should ensure safety of the same.
6) Contractor/Bidder may go through the tenders published on the site and download the required
tender documents/schedules for the tenders he/she is interested.
7) After downloading / getting the tender document/schedules, the Bidder should go thro’ them
carefully and then submit the documents as asked, otherwise bid will be rejected.
8) If there are any clarifications, this may be obtained online thro’ the tender site, or thro’ the contact
details. Bidder should take into account the corrigendum published before submitting the bids online.
9) Bidder then logs in to the site through the secured log in by giving the user id/password chosen
during enrolment/registration and then by giving the password of the eToken/SmartCard to access
DSC.
10) Bidder selects the tender which he/she is interested in by using the search option & then moves it
to the ‘my tenders’ folder.
11) From my tender folder, he selects the tender to view all the details indicated.
12) It is construed that the bidder has read all the terms and conditions before submitting their offer.
Bidder should go through the tender schedules carefully and upload the documents as asked;
otherwise, the bid will be rejected.
13) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender
document/schedule and generally, they can be in PDF/xls/rar/zip formats. If there is more than one
document, they can be clubbed together and can be provided in the requested format. Each document
to be uploaded through online for the tenders should be less than 2 MB. If any document is more than
2MB, it can be reduced through zip/rar and the same can be uploaded, if permitted. Bidders Bid
documents may be scanned with 100 dpi with12 black and white option. However of the file size is less
than 1 MB the transaction uploading time will be very fast.
14) If there are any clarifications, this may be obtained through the site, or during the pre-bid meeting if
any. Bidder should take into account the corrigendum published from time to time before submitting the
online bids.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-10 of 54
15) The Bidders can update well in advance, the documents such as certificates, annual report details
etc., under My Space option and these can be selected as per tender requirements and then send
along with bid documents during bid submission. This will facilitate the bid submission process faster
by reducing upload time of bids.
16) Bidder should submit the Tender Fee/ EMD as specified in the tender. The original should be
posted/couriered/given in person to the Tender Inviting Authority, within the bid submission due date &
time for the tender. Scanned copy of the instrument should be uploaded as part of the offer.
17) While submitting the bids online, the bidder reads the terms & conditions and accepts the same to
proceed further to submit the bid packets.
18) The bidder has to select the payment option as offline to pay the Tender FEE/ EMD as applicable
and enter details of the instruments.
19) The details of the DD/any other accepted instrument, physically sent, should tally with the details
available in the scanned copy and the data entered during bid submission time. Otherwise submitted
bid will not be acceptable.
20) The bidder has to digitally sign and upload the required bid documents one by one as indicated.
Bidders to note that the very act of using DSC for downloading the bids and uploading their offers shall
be deemed to be a confirmation that they have read all sections and pages of the bid document
including General conditions of contract without any exception and have understood the entire
document and are clear about the requirements of the tender requirements.
21) The bidder has to upload the relevant files required as indicated in the cover content. In case of
any irrelevant files, the bid will be rejected.
22) Tenderers should submit price bid in format available in Annexure-I of Chapter-VII and upload the
same in CPP Portal http://eprocure.gov.in/eprocure/app
23) The bidders are requested to submit the bids through online e-tendering system to the Tender
Inviting Authority (TIA) well before the bid submission end date & time (as per Server System Clock).
The TIA will not be held responsible for any sort of delay or the difficulties faced during the submission
of bids online by the bidders at the eleventh hour.
24) After the bid submission (ie after Clicking “Freeze Bid Submission” in the portal), the
acknowledgement number, given by the system should be printed by the bidder and kept as a record
of evidence for online submission of bid for the particular tender and will also act as an entry pass to
participate in the bid opening date.
25) The time settings fixed in the server side & displayed at the top of the tender site, will be valid for
all actions of requesting, bid submission, bid opening etc., in the etender system. The bidders should
follow this time during bid submission.
26) All the data being entered by the bidders would be encrypted using PKI encryption techniques to
ensure the secrecy of the data. The data entered will not viewable by 13 unauthorized persons during
bid submission & not be viewable by any one until the time of bid opening.
27) Any bid document that is uploaded to the server is subjected to symmetric encryption using a
system generated symmetric key. Further this key is subjected to asymmetric encryption using
buyers/bid openers public keys. Overall, the uploaded tender documents become readable only after
the tender opening by the authorized bid openers.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-11 of 54
28) The confidentiality of the bids is maintained since the secured Socket Layer 128 bit encryption
technology is used. Data storage encryption of sensitive fields is done.
29) The bidder should logout of the tendering system using the normal logout option available at the
top right hand corner and not by selecting the (X) exit option in the browser.
30) For any queries regarding e-tendering process, the bidders are requested to contact as provided in
the tender document. Parallely for any further queries, the bidders are asked to contact over phone: 1800-233-7315 or send a mail over to –[email protected] .
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-12 of 54
CHAPTER-II
CONDITIONS OF TENDER/CONTRACT
1.
All appendices, attached with the TE, should be duly filled in and are SACROSANCT for
considering any offer as a complete offer.
2.
The conditions of contract, which will govern any contract made, are contained in the:
i)
Pamphlet No. DGS&D-39, titled ”Conditions of Contract, governing contracts placed by the
Central purchase Organization of the Government of India” as amended up to date.
ii)
Pamphlet No. DGS&D-229(All conditions of Rate Contract contained in this booklet will be
applied in instant contract).
iii) DGS&D Form-68 (Revised).
iv) Any special conditions attached to this invitation to tender will also form part of the
conditions.
3.
Amendments:-
3.1.
The following amendments may be carried out in the pamphlet entitled "Conditions of Contract
Governing the contracts placed by Central Purchase Organization of Government of India
1991 addition bearing Symbol DGS&D-39 Form No. DGS&D-68 (Revised)".
3.2.
The definition of “Government" provided in clause 1(f) of page 2 of DGS&D Conditions of
contract may be amended as under:"Government" means the Central Government.
3.3
The definition of Secretary clause 1(k) page 3 of DGS&D conditions of contract may be
modified as under :"Secretary" means Secretary of Ministry of Home Affairs for the time being in the
administrative charge of the subject matter of contract and included Special Secretary,
Additional Secretary, Joint Secretary or Director or Deputy Secretary in such Ministry, Director
General, Inspector General, Dy. Inspector General, Group Commander in NSG (MHA) and
every other officer authorized for the time being to execute contracts relating to purchase and
supply of stores on behalf of the President of India.
3.4
Under Clause 2(c) - page 5 of DGS&D Conditions of contract, the word "Director General of
Supplies & Disposals or heads of his concerned regional offices" may be replaced by DG,
NSG, Ministry of Home Affairs.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-13 of 54
3.5
Clause 24 of DGS&D Conditions of contract i.e. Arbitration :For : the existing entries. Read : ARBITRATION
In the event of any question, dispute or difference arising under these conditions or any special
conditions of contract, or in connection with this contract (except as to any matters, the
decision of which is specifically provided for by these or the special conditions), the same shall
referred to the Sole Arbitration of the DG, NSG, Min. of Home Affairs or of some other person
appointed by him. It will be no objection that the Arbitrator is a Government Servant that he
had to deal with the matters to which the contract relates or that in the course of his duties as a
Government servant he has expressed views on all or any of the matters in dispute or
difference. The award of the Arbitrator shall be final and binding on the parties to this contract,
it is term of this contract that:a)
If the arbitrator be the DG, NSG, Min. of Home Affairs:
i) In the event of his being transferred or vacating his office by resignation or otherwise,
it shall be for his successor in office either to proceed with the reference himself or to
appoint another person as Arbitrator : or
ii)
In the event of his being unable to act or becoming incapable of acting for any reason
it shall be lawful for him to appoint another person as Arbitrator.
b) If the arbitrator be a person appointed by the DG, NSG, Min. of Home Affairs :- In the
event of his dying, neglecting or refusing to act, or resigning or being unable to act, for any
reason or his award being set aside by the Court for any reason, it shall be lawful for the
DG, NSG, Min. of Home Affairs either to proceed with the reference himself or to appoint
another person as Arbitrator in place or the outgoing Arbitrator. In every such case, it shall
be lawful for the DG, NSG, Min. of Home Affairs in place of the outgoing Arbitrator, as the
case may be to act on the record of the proceedings as then taken in the arbitration, or to
commence the proceedings de novo, as he may at his discretion decide.
c) It is further a term of this contract that no person other than DG, NSG, Min. of Home Affairs
or the person appointed by him should act as arbitrator and that if for any reason that is
not possible, the matter is not to be referred to arbitration at all.
d) The Arbitrator, may with the consent of all the parties to the contract enlarge the time from
time to time for making and publishing the award.
e) Upon every and any such reference, the assessment of the cost incidental to the reference
and award respectively shall be in the discretion of the Arbitrator.
f)
Subject as aforesaid, the Arbitration and Conciliation Act, 1996 and the rules there under
and any statutory modifications thereof for the time being in force shall be deemed to apply
the arbitration proceedings under this clause.
g) The venue of arbitration shall be the place where the contract is concluded or such other
place as the DG, NSG at his discretion may determine.
h) In this clause the expression DG, NSG, Min. of Home Affairs, means the DG, NSG for the
time being & includes, if there be no DG, NSG, the officer who is for the time being the
administrative head of the NSG. Min of Home Affairs whether in addition to other functions
or otherwise.
i)
Similarly the reference to DGS&D wherever appearing may be suitably modified.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-14 of 54
4.
Following amendments may be carried out in the Pamphlet No. DGS&D-229 containing
various instructions to tenderers. Form No. DGS&D-230. Reference to DGS&D wherever
appearing in clause No.21,22,29,30, and 33(A) & 40 appendix 'A' for Form No. DGS&D-96
may be amended to read as Directorate General, NSG, Ministry of Home Affairs.
5.
The above Pamphlet and the list of corrections thereto can be obtained on payment from the
under mentioned offices:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
The Manager of Publications, Civil Lines, Delhi.
The Superintendent, Government Printing & Stationery Allahabad(, U.P.)
The Superintendent, Government Printing & Stationery, Mumbai.
The Superintendent, Government Press, Chennai.
The Superintendent, Government Printing & Stationery, Nagpur.
The Superintendent, Government Printing, Gulzarbag, Patna (Bihar).
The Directorate General Supplies & Disposal (DGS&D), New Delhi & its
Regional Offices at Mumbai, Chennai, Kolkata & Kanpur.
Government of India Book Depot, 8 Hastings Street, Kolkata.
6.
If you are in a position to quote for supply in accordance with the requirements stated in the
attached schedule to tender, all documents attached herewith should be duly filled in, digitally
signed and returned to this office/uploaded.
7.
Tenderers must complete the details of their plant and machinery on standard proforma
enclosed with this T/E irrespective of their registration status, and upload/forward the same
with their offer. Purchaser reserves the right to get the manufacturing capacity of any tenderer
re-verified through the inspecting agencies, irrespective of their registration status.
8.
Firms registered with NSIC are required to undergo re-verification of their manufacturing
capacity through Inspecting Agencies (QA Wing DGS&D) before considering placement of
contract. In case of denial by the firm for re-verification, the firm will be disqualified for this
tender.
9.
The offers from the Indian agents of foreign principal, not enlisted with DGS&D under
compulsory registration scheme on the date of opening of technical bids, will not be considered
and will be ignored unless they enclose/upload documents with their tender showing that they
have already applied for enlistment with DGS&D. However, offers from the Indian agents, who
have applied to DGS&D for registration/enlistment before the time and date of opening of
technical bids, such offers will be further processed, if they can secure enlistment with DGS&D
before opening of the price bids.
10.
Public sector undertaking/state undertaking or central/state owned companies are not
exempted from the payment of earnest money unless registered with DGS&D/NSIC for subject
stores.
11.
Director General, National Security Guard, reserves the right to cancel/reject any or all the
tenders without assigning any reason.
12.
Tenderers must enclose Demand Draft of tender cost in favour of Pay & Accounts Officer,
NSG, New Delhi payable at SBI, New Delhi or any Nationalized Bank located in Delhi or New
Delhi. The tender received without required Bank Draft shall be rejected.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-15 of 54
13.
EARNEST MONEY DEPOSIT
a) All firms who are not registered with NSIC or DGS&D for the subject stores for which the
offers are being invited, are required to deposit EARNEST MONEY equivalent to the
amount as mentioned in the tender schedule.
b) For claiming exemption from depositing earnest money, tenderer should be registered with
DGS&D/NSIC FOR THE SUBJECT STORES FOR WHICH THE OFFERS HAVE BEEN
INVITED. Firms not registered for stores indicated in the tender schedule will be treated
as unregistered and shall be required to deposit specified Earnest Money.
c) EARNEST MONEY CAN BE DEPOSITED IN ONLY ANY ONE OF THE FOLLOWING
FORMs:
(i) A Fixed Deposit Receipt drawn in favour of PAO, NSG, Mehram Nagar, Palam, New
Delhi-110037 payable at New Delhi.
(ii) An irrevocable Bank Guarantee (BG) in Indian Rupees in the format supplied with the
tender of any Indian Nationalized/Scheduled Bank.
(iii) The earnest money shall be valid and will remain deposited with the purchaser for the
period the offer is valid. If the validity of the tender is extended, the validity of EM
document submitted by the tenderer shall also be suitably extended by the tenderer,
failing which his tender, after the expiry of the period shall not be considered by the
Purchaser.
d) No interest shall be payable by the purchaser on the EM deposited by the tenderer.
e) The EM deposited is liable to be forfeited if the tenderer withdraws or amends impairs or
derogates from the tender in any respect within the period of validity of his tender.
f)
The EM of the successful tenderer shall be returned after the security deposit is furnished
as per AT.
g) If the successful tenderer fails to furnish the security deposit as required in the contract
within the stipulated period, the Earnest Money shall be liable to be forfeited by the
purchaser.
h) EMD of the unsuccessful tenders shall be retuned after finalization of tender. Tenderers
are advised to send a pre-receipted challan along with their bids to facilitate refund of
Earnest Money in time.
i)
ANY TENDER RECEIVED FROM FIRM WHICH IS NOT REGISTERED WITH DGS&D
OR NSIC FOR THE TENDERED STORES, AND IS NOT ACCOMPANIED WITH
REQUIRED EARNEST MONEY IN PRESCRIBED FORM, IS LIABLE TO BE REJECTED.
REGISTRATION WITH ANY OTHER AUTHORITY WILL NOT EXEMPT THE FIRM FROM
DEPOSITING EARNEST MONEY.
j)
Tender fee’s exemption to be given to tenderers/agencies covered at para-8.6.1 of
DGS&D’s manual.
k) Firms who are registered for the subject stores with NSIC/DGS&D but with a certain
monetary limit will be treated as unregistered for their tender value exceeding their
monetary limit of registration. Such firms shall be required to deposit earnest money
proportionate to EM specified in the tender schedule over and above their monetary limit of
registration subject to a maximum of amount as indicated in the tender schedule. In case
such firm fails to deposit earnest money, their offer for the tender value exceeding their
monetary limit is liable to be ignored.
k)
Offers of those firms, who are not registered with DGS&D or NSIC for the subject stores,
will not be considered unless the same are submitted along with required Earnest Money.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-16 of 54
14.
GUARANTEE/WARRANTY
I.
Except otherwise provided in the invitation to tender the contractor hereby declares that
the goods/stores/articles/equipment sold/supplies to the purchaser/consignee under this
contract shall be of best quality and workmanship and new in all respects and shall be
strictly in accordance with the specification and particulars mentioned/contained in the
contract. The contractor hereby guarantees that the said goods/stores/articles would
continue to confirm to the description and quality aforesaid for a period of twelve months
form the date of receipt of goods/articles/stores/equipment in good condition at site by the
consignee in case of supply contracts and twelve months from the date of installation and
satisfactory taking over of the goods/stores/articles/equipment at site by consignee where
installation and commissioning is involved and notwithstanding the fact that the
purchase/inspection
authority
has
inspected
and/or
approved
the
said
goods/stores/articles/equipment or such if during the 36 months the said
goods/stores/articles/equipment be discovered not to confirm to the description and quality
aforesaid or not giving satisfactory performance or have deteriorated and the decision of
the purchase/consignee in that behalf shall be final and binding on the contractor/seller
and the purchaser shall be entitled to call upon the contractor/seller to rectify the
goods/stores/articles/equipment or such portion thereof as is found to be defective by the
purchaser within a reasonable period or such specified period as may be allowed by the
purchaser in his discretion on application made thereof by the contractor/seller, and in
such an event, the above period shall apply to the goods/stores/articles/equipment rectified
from the date of rectification mentioned in the warranty thereof, otherwise the
contractor/seller shall pay the purchaser such compensation as may arise by reason of the
breach of warranty therein contained.
II. Guarantee that they will supply the spare parts, if and when required on agreed basis for
an agreed price. The agreed basis could be and including but without limitation an agreed
discount on the catalogue price or an agreed percentage of profit on landed cost.
III. Warranty to the effect that before going out of production for the spare parts they will give
adequate advance notice to the purchaser of the equipment so that the later may
undertake the balance of lifetime requirements.
IV. Warranty to the effect that they will make available the blue prints of drawing of spares if
and when required in connection with the main equipment.
15.
Instruction for Tender Sample:
i) If called for in Tender, or asked for during tender evaluation, all bidders must submit
complete and full Tender Samples with complete accessories as required/offered.
ii)
Each sample must have a card affixed to it giving particulars of (a) Firms name and
address,(b) Tender number.
iii) Tenders must ensure that the samples submitted by them fully and completely meet the
QRs/Specifications as per tender/master sample.
iv) It will be the sole responsibility of the tenderer to make arrangements to submit the
samples and ensure samples reach the concerned authority.
v) No assistance or documentation needed for submission of tender samples except what is
stated in Tender Enquiry will be provided. It will be purchaser’s discretion to accept or
reject any written request in this regard, on merits.
vi) The cost and freight for sending tender samples will be borne by the tenderer and there will
be no obligation on the part of the receiving officer/purchaser for their safe custody. Offers
received without tender samples or in case tender samples are received after the laid down
date and time for receipt, as mentioned in tender enquiry or specified later in writing, shall
be ignored.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-17 of 54
vii) The purchaser reserves the right to extend the date of submission of tender sample as per
merit.
viii) Price bids of only those tenderers shall be opened whose tender samples are found to be
fully conforming to the laid down QRs/Master Sample as applicable, by a Board of Officers
detailed by the DG NSG.
ix) Tender samples of only those tenderers whose offers are not accepted will be returned to
their representative on application to the officer to whom samples were sent, provided they
have not been destroyed during testing. Samples can be returned direct to the tenderer, at
the tenderers cost, if so requested in writing.
16.
Lab. Test Report:If called for in the QR’s / Specifications or Schedule to tender Chapter-I. Lab test
report must be submitted along with the tender.
17.
CAPACITY VERIFICATION
If the date of registration by NSIC/DGS&D is older than 12 months on the date of
opening of bid, it shall not be considered unless capacity of bidders has been re-verified by the
DGS&D QA Wing during 36 months preceding the date of opening of bid. For this purpose
tenderer who are either not at all registered with DGS&D/NSIC or whose registration with
DGS&D/NSIC is older than 12 months from the date of opening of bid and whose capacity has
not been verified by DGS&D QA Wing during preceding 36 months from the date of opening of
bid, must provide the details of plant and machinery in the proforma enclosed with tender
enquiry in duplicate and furnish the same with their offer for the purpose of verification/reverification of their capacity by QA Wing of DGS&D, failing which, their offer shall be summarily
ignored.
18.
PRICE:
THE PRICE QUOTED SHALL BE ON FIRM AND FIXED BASIS SUBJECT TO NO
VARIATION WHATSOEVER DURING THE CURRENCY OF THE CONTRACT.
19.
PATENT AND OTHER INDUSTRIAL/ INTELLECTUAL PROPERTY RIGHT
The prices quoted in the present tender shall be deemed to include all amounts
payable for the use of patents, copyright, registration charges, trademarks and payment for
any other industrial property/rights.
The tender shall indentify the Purchaser against all claims from a third party at any
time on account of infringement of any or all the rights mentioned in the previous paragraphs,
whether such claims arise in respect of manufacture or the use. The tenderer shall be
responsible for the completion of the supplied, irrespective of the fact of infringement of any or
all the rights mentioned above.
20.
TRANSFER AND SUB-LETTING.
The tenderer has no right to give, bargain, sell, assign or sublet or otherwise dispose
of the resultant contract or any part thereof as well as to give or to let a third party take benefit
of advantage of the resultant contact or any part thereof.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-18 of 54
21.
PENALTY FOR USE OF UNDUE INFLUENCE:
The seller should undertake that he has not given, offered or promised to give directly
or indirectly any gift, consideration, reward, commission, fees brokerage of inducement to any
person in service of the Purchaser or otherwise in procuring, the Contract or Forbearing top do
or for having done or forborne to do any act in relation or execution of the Contract or any
other Contract with the Government for showing or forbearing to show favour or disfavor to any
person in relation to the Contract or any other Contract with the Government. Any breach of
the aforesaid undertaking by the seller or any one employed by him or acting on h is behalf
(whether with or without the knowledge of the seller) or the commission of any offers by the
seller or any one employed or acting on his behalf , as defined in Chapter IX of the Indian
Penal Code, 1860 or the Prevention of Corruption Act, 1947 or any other Act enacted for the
prevention of corruption shall entitle the Purchase to cancel the contract and all or any other
Contract with the Seller and recover from the Seller the amount of any loss arising from such
cancellation. A decision of the Purchaser or his nominee to the effect that a breach of the
undertaking had been committed shall be final and binding on the seller.
Giving or offering of any gift, bribe or inducement or any attempt at any such act on
behalf of the seller towards any officer/employee of the Purchaser or to any other person in a
position to influence any officer/employee of the Purchaser for showing any favor in relation to
this or any other contract, shall render
22.
Dispatch Instructions & Documentation:
The seller shall intimate to the Purchaser, by telex or fax and Speed Post 01 week in
advance, the mode of transport and anticipated date of delivery of each consignment.
23.
Past Performance
Bidders must enclose performance statement for the last 3 years in the proforma
supplied with the tender.
24.
SPECIAL CONDITIONS:
(a)
Bidder to indicate the customer care centers across India for after sales warranty
report.
(b)
Bidders to submit details of test equipment required for undertaking repairs by the
users.
(c)
Bidders to submit details of SMT (Special maintenance Tools) and STE.(Special
Testing Equipment for undertaking repairs by the users.
(d)
Bidders to submit details of MRLS (Manufacturer Recommended) list of spares).
(e)
Bidders to submit details of ISPL (Illustrated Spare parts List).
(f)
Integrity Pact
Integrity pact as per prescribed format given at Annexure-D to be signed on one
hand by a designated officer on behalf of the President of India(to be called as buyer,
which shall mean and include unless the contest is otherwise required his or her
successor in office) and on the other hand by a designated authority on behalf of a
firm/supplier/entity(to be called as the bidder/seller’ which shall mean and include
unless the contest is otherwise required his or her successors and permitted assigns).
The purpose of the integrity pact is to avoid all forms of corruption in procurement
activities and purchases being made on behalf of Ministry of Home Affairs by following
a system i.e. fair, transparent, equitable and free from any influence/prejudices or any
type of pressures.
The integrity pact is also aimed at making Government purchases at the most
competitive prices and inconformity with the defined/prescribed specifications and by
avoiding inflated cost and the distortionary impact of corrupt practice in public
procurement.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-19 of 54
25.
Liquidated Damages:
In case the firm does not complete the supply within the delivery period, action will be
taken against the firm as per Para 15.7 of DGS&D Manual and Para 14.7(i) of Ministry of
Commerce, Deptt. of Supply of the General Condition of the contract DGS&D-68(Revised).
26.
In case of any defect in supply or manufacturing or not conforming to technical
specifications, observed during survey at consignee location or later during the warranty
period, the tenderer will be liable to replace the defective store at their cost.
27.
The purchaser reserves the option to give a purchase/price preference to offers from
public sector units and SSI Unit over other firms is accordance with the policies of the Govt.
from time to time.
28.
PERFORMANCE SECURITY
In terms of clause of 7 of condition of contract DGS&D-(Revised) all successful
tenderers against the Tender Enquiry irrespectively of their registration status with DG&D and
NSIC shall be required to furnish performance security bond, as per clause 27 of Chapter 1,
Instructions to Bidders, valid upto the laid down period given in the A/T.
29.
The decision on the assessment of the past performance of the tenderer by DG, NSG
is final.
30.
LAWS GOVERNING THE CONTRACT
The contract shall be governed by the laws of India for the time being in force. The contract
shall be interpreted in accordance with these laws.
31.
Jurisdiction of Court:
The Court of the New Delhi shall alone have a jurisdiction to decide any dispute arising out of
or in respect of the contract.
31.1
In the case of dispute or difference arising between the purchaser and the supplier relating
to any matter arising out of or connected with the contract, such dispute or difference
shall be settled in accordance with the Indian Arbitration and Conciliation Act, 1996.
31.2
Arbitration proceedings shall be held at New Delhi, India and the language of the arbitration
proceedings and that of all documents and communications between the parties shall be
English.
32.
FORCE MAJEURE CLAUSE
If at any time, during the continuance of this contract, the performance in whole or in part by either party
of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of
public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions,
strikes, lockouts or act of God (hereinafter referred to “event”) provided, notice of the happening of any
such event is given by either party to the other within 21 days from the date of occurring thereof, neither
party shall by reason of such event, be entitled to terminate this contract nor shall either party have any
claim for damages against the other in respect of such non-performance or delay in performance, and
deliveries under the contract. The contract shall be resumed as soon as practicable after such event has
come to an end or ceased to exist, and the decision of the Purchaser as to whether the deliveries have
been so resumed or not, shall be final and conclusive, PROVIDED FURTHER that if the performance in
whole or part or any obligation under this contract is prevented or delayed by reasons of any such event
for a period exceeding 60 days, either party may at its option terminate the contract provided also that if
the contract is terminated under this clause, the purchaser shall be at liberty to take over from the
contractor at a price to be fixed by the Purchaser, which shall be final all unused, undamaged and
acceptable materials, brought out components and stores in course of manufacture in the possession of
the contractor at the time of such termination or such portion thereof as the purchaser may deem fit
excepting such materials, bought out components and stores as the contractor may with the concurrence
of the purchase elect to retain.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-20 of 54
33.
34.
TERMINATION OF CONTRACT
Time shall be the essence of the contract. The purchaser shall have the right to terminate this
contract without any notice in part or in full in any of the following cases:
a) The delivery of the material is delayed for causes not attributed to Force Majeure after the
scheduled date of delivery.
b) The seller is declared bankrupt or becomes insolvent.
c) The delivery material is delayed due to causes of Force Majeure by more than 60 days.
d) In case Security Deposit or Performance Security is not furnished within the time period
specified in the A/T.
Bulk supplies in the case of successful Tenderer should conform to tender samples accepted
in trial evaluation in all respect besides specifications mentioned in Chapter-IV.
35.
Any change in Address/Telephone/Fax/e-mail should be immediately informed. The state of
non- communication by the firm will make the offer liable for rejection.
36.
Any query/Representation be addressed to DIG(Prov), Provisioning Directorate, HQ NSG,
Mehram Nagar, Near Domestic Airport, Palam, New Delhi-110 037.Telephone No
25663250, Fax no 25663258
37.
For any change in terms and condition of tender/tender specifications, the Tenderers
are requested to visit CPP e-Procurement site https://eprocure.gov.in/eprocure/app
regularly.
38.
GOVT. REGULATIONS
It shall also be confirmed that there are no Govt. restrictions or limitation in the country of the
supplier or countries from which sub-components are being procured and/or for the export of
any part of the system being supplied. Suppliers/Contractors shall provide a certificate this
effect.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-21 of 54
CHAPTER-III
SCHEDULE OF REQUIREMENT
Tender No. 10/2015/MV(G)
Sl. No.
1.
Description of store required
EXCAVATOR
CUM
BACKHOE
LOADER (JCB) (Yellow colour)
Qty
01 No.
.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-22 of 54
Chapter-IV
Parameters/Specification/QRs
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-23 of 54
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-24 of 54
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-25 of 54
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-26 of 54
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-27 of 54
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-28 of 54
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-29 of 54
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-30 of 54
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-31 of 54
Chapter-V
Proforma for Compliance Statement for Inspection:
(a)
Name of Item:
(b)
Brand of Item/Country of origin:
(c)
Make & Lot No.
(d)
Tenderers are requested to give Compliance of each Specification whether
equipment being offered by them is complying with Specification or otherwise as per proforma
below:S.No.
Technical Specification/
Qualitative Requirements
Signature of the tenderer
Complied
Not
Complied. If not
complied attach
deviation
statement
Page No. in the
Tech.
literature
attached/enclosed
with tender which
specifically
confirms this
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-32 of 54
Chapter-VI
Appendix-1
Form-68(A)
Offer of Stores
Tender No. 10/2015/MV(G)
Full Name and address :
Contractors Telegraphic Address :
Telephone No(s) :
Fax No.
:
City Code used :
Post Box No. :
(It should be quoted in
communications to this office.)
all
To
The Group Commander (Procurement)
HQ NSG, Mehram Nagar, Palam,
New Delhi-110037.
Dear Sir,
I/We hereby offer to supply the stores detailed in the schedule hereto or such portion thereof
as you may specify in the Acceptance of Tender at the price given in the said schedule and agree to
hold this offer open till_______________. I/We shall be bound by a communication of acceptance
within the prescribed time.
2.
I/We have understood the instructions to tenderers in the Tender Enquiry of contract in the
Form No. 68 (Revised) including the Pamphlet entitled "Conditions of Contract governing contracts
placed by the Central Purchase Organisation of the Government of India" read with the amendments
annexed herewith and have thoroughly examined the specification drawing and/or pattern quoted in
the schedule hereto and am/are fully aware of the nature of the stores required and my/our offer is to
supply stores strictly in accordance with the requirements.
3.
The following pages have been added to and form part of this tender.
_______________________
________________________
________________________
Yours faithfully,
SIGNATURE OF WITNESS
(SIGNATURE OF TENDERER)
ADDRESS:
ADDRESS :
DATED :
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-33 of 54
Chapter-VI
Appendix-2
QUESTIONNAIRE
1.
a)
b)
Capacity in which filling in tender ; Manufacturer/ Agent /……………… ……………………..
( Please Specify if in any other category )
c)
Name, address, email, telephone and fax no of Firm filling in the tender:
In case of foreign firm, contact person in Delhi/India and his relationship with tenderer
i)
Name
ii)
Address
iii)
Relationship with tenderer :
iv)
Telephone
Landline:
Mobile
2.
3.
v)
FAX
vi)
e-mail
a)
Whether registered with DGS&D for subject store.
b)
If yes, Enclose photocopy of Regn. Certificate & specify Monetary limit Rs.
(c)
DGS&D Regn. Certificate Validity Date
a)
Whether registered with NSIC for subject store.
b)
If yes, enclose photocopy of Regn. Certificate & specify Monetary limit Rs
(c)
NSIC Regn. Certificate Validity Date
4.
Whether you agree to submit advance sample /sample for trial/demonstration if called upon to
do so within specified period.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-34 of 54
5.
Do you agree to provide training free of cost for a minimum period of one week at the
consignees/users location as specified by the purchaser
6.
Whether past supplier of subject store to any Organization in India or Abroad during the last 3
years. (If yes, submit performance statement in proforma enclosed in tender).
7.
Terms of Delivery
i)
F.O.R. Destination (Free delivery to consignee)
i)
8.
CIP IGI Airport New Delhi ( ONLY FOR FOREIGN FIRMS QUOTING DIRECTLY )
a)Whether Excise duty extra
b)If extra, rate of excise duty:
Assessable value Rs
9.
.
a)Whether Sales Tax extra.
b)If Yes, rate of Central Sale Tax applicable at present.
10.
Discount offered if any.
11.
a)
Delivery period in months from the date of placement of order / approval of Advance
Sample.
b)
c)
d)
e)
f)
g)
Monthly rate of supply.
Offer validity______________________
Payment Terms___________________
Guarantee/Warranty_______________
Model offered ____________________
If agent, enlisted with DGS&D or not:_______________
(Also attach copy of DGS&D enlistment certificate)
12.
a)
b)
13.
Whether stores fully conforms to Tender Schedule Specifications in all respects.
If answer to 11(a) is "No", indicate the details of deviation on separate sheet
Acceptance to conditions of contract as contained in DGS&D 68 (Revised) amended upto
31.12.91 and those contained in Pamphlet No. DGS&D - 229read with Annexure attached.
Signature of the tenderer
Signature of Tenderer
:_________________________
Name in Block letter
:_________________________
Capacity in which
Tender signed
:__________________________
Full Address
:__________________________
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-35 of 54
Chapter-VI
Appendix-3
FORM-7
PROFORMA FOR EQUIPMENT AND QUALITY CONTROL
Tender No. & Date____________________ For the supply of
_________________________________
1.
Detail of Manufacturer
a)
Name
(i)
Office
(ii)
Address
(iii)
:
:
:
Telephone
Landline
Mobile
b)
(iv)
FAX
(v)
e-mail
Works
(i)
Address
(ii)
:
Telephone
Landline
Mobile
(iii)
(iv)
:
:
:
:
:
FAX
e-mail
:
:
:
:
:
2.
Location of Manufacturing Works/factory,
factories owned by you (Documentary). In
case you do not own the factory but utilize
the factory of some other firm for the
manufacture/fabrication of the stores for
which you apply for registration on lease or
other base you should furnish a valid legal
agreement that the factory of (Here indicate
the name of the firm whose factory is being
utilized) has been put at your disposals for
the manufacture/fabrication of the stores for
which registration has been applied for.
:
3.
Brief description of the factory (e.g. area
covered,
accommodation,
departments into which it is divided,
laboratory etc.,)
:
4.
Details of plant and machinery erected &
functioning in each Department (Monograms
& descriptive pamphlets should be supplied,
if available).
:
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-36 of 54
5.
Whether the process of manufacture in
factory is carried out with the aid of power or
without it.
:
6.
Details and stocks of raw material held (state
whether imported or indigenous) against
each item.
:
7.
Production capacity of each item with the
existing
plant & Machinery :(a)
Normal
(b)
Maximum
8.
9.
10.
:
:
Details of arrangement for quality control of
products such as laboratory etc.
(a) Details of Technical/Supervisory staff
incharge of production
& quality
control
:
(b)
Skilled labour employed
:
(c)
Un-skilled labour employed
:
(d)
Maximum No. of workers (Skilled & Unskilled) employed on any day during
the 18 months preceding the date of
application.
:
Whether stores were tested to any standard
specification. If so, copies of original test
certificate should be submitted in triplicate.
:
:
PLACE :
SIGNATURE & TENDERER
DATE :
DESIGNATION ___________
COMPANY/FIRM: __________
NB :- Details under column 5 to 10 inclusive need to be restricted to the extent they pertain to the
item(s) under reference.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-37 of 54
Chapter-VI
Appendix-4
Details of Manufacturer:
1.
Detail of manufacturer:
a) Name
:
b) Office
(i) Address
:
(ii) Telephone
Landline:
Mobile
(iii) FAX
(iv) e-mail
c) Works
(i) Address
(ii) Telephone
Landline:
Mobile
(iii) FAX
d) Contact person
(i) Address
(ii) Telephone
Landline:
Mobile
(iii) FAX
(iv) e-mail
2.
:
:
:
:
:
:
:
:
:
In case of foreign firm, contact person in Delhi/India and his status/relationship with tenderer.
a)
Name
:
b)
Address
:
c)
Status/Relationship with
tenderer.
:
d)
Telephone
Landline:
Mobile
FAX
e-mail
:
:
:
:
:
e)
f)
3.
:
:
:
:
Please confirm that you have offered packing
as per tender enquiry requirements, if not
indicate deviations.
Signature of the tenderer
:
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-38 of 54
4.
5.
6.
7.
8.
9.
10.
Gross Weight of consignment __________
Net weight of each item _____________
a)
What is your permanent Income Tax
A/C No.
b)
Confirm whether you have attached
photocopy of PAN card duly attested.
Status:(a) Indicate whether you are LSU or SSI.
(b
Are you registered with DGS&D for the
item quoted ? If so, indicate whether
there is any monetary limit on
registration.
(c)
If you are a small scale unit registered
with
NSIC
under
Single
Point
Registration scheme, whether there is
any monetary limit.
(d) In case you are registered with NSIC
under
Single
Point Registration
Scheme for the item quoted, confirm
whether you have attached a photo
copy of
the registration certificate
indicating the items for which you are
registered.
(a) If you are not registered either with
NSIC or DGS&D,
please
state
whether you are registered with
Directorate of Industries of State
Government concerned.
(b) If so, confirm whether you have
attached a copy of the certificate issued
by Director of Industry.
Please indicate:Name & Full address of your Banker.
Business name and constitution of the firm. Is
the firm registered under :i)
The Indian Companies Act, 1956
ii)
The Indian Partnership Act 1932.
(Please also give name of partners)
iii)
Any Act : If not, who are the owners.
(Please give full names and address).
Whether the tendering firm is/are :i)
Manufacturer.
ii)
Manufacturer's authorized agents.
iii)
Holders in stock of the stores tendered
for
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
N.B.:- If manufacturer's agents, please enclose with tender the copy of manufacturer's
authorization.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-39 of 54
11.
12.
13.
14.
15.
If stores offered are manufactured in India, please
state whether all the raw materials, components
etc. used in their manufacture are also produced in
India. If not, give details of materials components
etc. that are imported and their break up of the
indigenous & Imported components together with
their value & proportion it bears to the total value of
the store should also be given.
State whether raw materials are held in stock
sufficient for the manufacture of the stores.
Please indicate the stocks in hand at present time :i)
Held by you against these enquiry,
ii)
Held by M/S__________________
over
which you have secured an option.
:
Do you agree to sole arbitration by Secretary,
Ministry of Home Affairs or by other some other
person appointed by him as provided in Clause 24
of the General Conditions of Contract Form
DGS&D-68 (Revised) (Your acceptance or nonacceptance of this clause will not influence the
decision of the tender. It should, however, be noted
that an omission to answer the above question will
be deemed as an acceptance of the clause).
For Partnership Firms state whether they are
registered or not registered under Indian
Partnership Act, 1932. Should the answer to this
question by a Partnership firm be in the affirmative,
please state further :(a) Whether the partnership agreement, authority
to refer disputes concerning the business of
the partnership to arbitration has been
conferred on the partner who has signed the
tender.
(b) If the answer to (a) is in the negative,
Whether there is any general power of
attorney executed by all the partners of the
firm authorizing the partner who has signed
the tender to refer dispute concerning
business of the partnership to arbitration.
:
(c)
:
If the answer to either (a) or (b) is the
affirmative, please furnish a copy of either the
partnership agreement or the general power
of attorney as the case may be
:
:
:
:
:
N.B.:1)
Please attach to the tender a copy of either document on which reliance is place for
authority of partners on the partner signing the tender to refer disputes to arbitration.
The copy should be attested by a Notary Public or its execution should be admitted by
affidavit on a properly stamped paper by all the partners.
2)
Where authority to refer disputes to arbitration has not been given to the partner
signing the tender the tenders must be signed by every partner of the firm.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-40 of 54
16.
17.
Here State specifically :a)
Whether the price tenderered by you is to
the best of your knowledge and belief, not
more than the price usually charged by you
for stores of same nature/class or
description to any private purchaser either
foreign or as well as Govt Purchaser. If not
state the reasons thereof. If any, also
indicate the margin of difference.
b)
In respect of indigenous items for which
there is a controlled price fixed by law, the
price quoted shall not be higher than the
controlled price and if the price quoted
exceeds the controlled price the reasons
thereof should be stated.
Are you
(i)
Holding
valid
Industrial
License(s)
Registration Certificate under the Industrial
Development & Regulation Act, 1981. If so,
please give particulars of Industrial Income
Registration Certificate.
(ii)
Exempted from the licensing provision of
the Act for the manufacture of item quoted
against this tender. If so, please quote
relevant orders and explain your position.
(iii) Whether you possess the requisite license
for manufacture of the stores and/or for the
procurement of raw materials belonging to
any controlled category required for the
manufacture of the store ? In the absence
of any reply it would be assumed that no
license is required for the purpose of raw
materials and/or that you posses the
required license.
Signature of the tenderer
:
:
:
:
:
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-41 of 54
18.
19.
20.
21.
State whether business dealings with you have
been banned with Min./Deptt of Supply/ Ministry of
Home Affairs ?
Please confirm that you have read all the
instructions carefully and have complied with
accordingly
Sales Tax Office Address.
Income Tax Office address.
:
:
:
:
Signature of Witness
Signature of Tenderer
Full name
(1)Full name
(Block letters)
Address
(Block letters)
(2) Address
Whether signing as proprietor/Partner/
Constituted Attorney/duly authorized by the
company.
Note:
Tenderers should furnish specific answers to all the questions. Tenderers may please
note that if the answers so furnished are not clear and/or are evasive, the tender will
be liable to be ignored.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-42 of 54
Chapter-VI
Appendix-5
PERFORMANCE STATEMENT FOR LAST THREE YEARS
Name of Firm _______________________________________________________________
S.
No.
Order
Place
d By
whom
, with
Order
No. &
Date
Store
Qty
Value
Original
Delivery
Period
Extended
Delivery
Period
Quality supplied
In
original
D/P
In
extended
D/P
Remarks
(To include
Reasons
for
Delay/Cancellation/
Complaints
etc.
Note : Firms to submit performance report of similar kind of work, executed for the Govt.
Organizations of the last three years.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-43 of 54
Chapter-VI
Appendix-6
Govt. of India, Ministry of Home Affairs
Directorate General, National Security Guard,
Provisioning Branch (Procurement Cell)
Mehram Nagar, Palam,New Delhi-110037(India)
Tel: 011-25663251,3256, 3259,3347 Fax: 011-25663258,3177
e-mail: [email protected]
PROFORMA FOR BANK GUARANTEE FOR SUBMITTING EARNEST MONEY
PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY
(ON BANK'S LETTER HEAD WITH ADHESIVE STAMP)
Bank Guarantee No: _____________________
Dated :
To
The Pay & Accounts Officer,
National Security Guard,
Mehram Nagar, Palam,
New Delhi-110037(India)
Dear Sir,
In
accordance
with
your
Invitation
to
Tender
No.______________________
M/S____________________________________ hereinafter called the tenderer with the following
Directors on their Board of Directors/partners of the firm:1.
2.
3.
4.
5.
6.
Wish to participate in the said Tender for the supply _________________________ of___________.
As a Bank Guarantee against Earnest Money for a sum of ___________(in words and figures)
______________valid for (180) one hundred eighty days from the date of opening of Tender viz
________ is required to be submitted by the tenderer as a condition for the participation, this bank
hereby guarantees and undertakes during the above said period of 180 (one hundred and eighty days)
to immediately pay, on demand by PAO, NSG (MHA) in writing the amount of ____________(words
and figures) without any reservation and recourse, if :i)
ii)
iii)
The tenderer after submitting his Tender, modifies the rates or any of the terms and
conditions thereof, except with the previous written consent of the purchaser.
The tenderer withdraws the said Tender within 120 days after opening of tender' or
The tenderer having not withdrawn the Tender, fails to furnish the contract security
deposit imposed for due performance of the contract within the period provided in the
General conditions of contract.
The Guarantee shall be irrevocable and shall remain valid upto_________, if further extension
to this guarantee is required, the same shall be extended to such required period on receiving
instructions from M/S ______________________________________ on whose behalf this Guarantee
is issued.
Signature
Date :__________
Printed name:_______________
Place :_________
__________________________
Witness
(Designation
(Bank's Common Seal)
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-44 of 54
CHAPTER-VII
Annexure- ‘A’
PROFORMA FOR PRICE BID
(TO BE FILLED BY THE BIDDER & SEALED SEPARATELY)
Tender No. 10/2015/MV(G)
Sl.
No.
Nomenclature
Qty
Rate per
unit
Any other
leviable tax,
duty
charges or
surcharges
Net
Price per
unit
Total
Price
Remarks
Note:
1. Tenderers should submit price bid in above format in PDF file and upload the same
http://eprocure.gov.in/eprocure/app.
2. Firm to submit Price for each item in Price Bid.
3. In case of foreign firm, freight, Insurance etc. are also to be specified in Price Bid.
Signature of the tenderer
in CPP Portal
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-45 of 54
CHAPTER-VII
Annexure- ‘B’
CERTIFICATE TO BE SIGNED BY THE TENDERER
CERTIFICATE
It is certified that I have read and understood and will comply all instructions contained
in tender enquiry and its schedule.
All pages of schedule to tender from page __________ to
_________ have been filled properly and signed.
Signature of tenderer:-_________________
Name in block letters:__________________
Name of firm:________________________
Full address:
________________________
________________________
________________________
Signature of the tenderer
i)
Telephone No. _____________
ii)
Mobile No.
_____________
iii)
Fax No.
_____________
iv)
Email id
_____________
v)
Website
_____________
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-46 of 54
CHAPTER-VII
Annexure- ‘C’
ELECTRONIC CLEARING SERVICE (CREDIT CLEARING)/REAL TIME GROSS SETTLEMENT
(RTGS) FACILITY FOR RECEIVING PAYMENTS.
A.
DETAILS OF ACCOUNT HOLDER –
NAME OF ACCOUNT HOLDER
COMPLETE CONTACT ADDRESS
TELEPHONE NUMBER/FAX/EMAIL
B.
BANK ACCOUNT DETAILS:BANK NAME
BRANCH NAME WITH COMPLETE ADDRESS,
TELEPHONE NUMBER AND EMAIL
WHETHER THE BRANCH IS COMPUTERISED?
WHETHER THE BRANCH IS RTGS ENABLED? IF YES,
THEN WHAT IS THE BRANCH’S IFSC CODE?
IS THE BRANCH ALSO NEFT ENABLED?
TYPE OF BANK ACCOUNT (SB/CURRENT/CASH
CREDIT WITH 10/11/13)
COMPLETE BANK ACCOUNT NUMBER (NEW)
MICR CODE OF BANK
NAME & ADDRESS OF THE BENEFICIARY/ PAYEE
IFCS (INDIAN FINANCIAL SYSTEM) CODE
C.
DATE OF EFFECT –
I hereby declare 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 responsibility
expected of me as a participant under the Scheme.
Date :
(…………………………………..)
Signature of Customer
Certified that the particulars furnished above are correct as per our records.
(Bank’s Stamp)
(………………………………….)
Signature of the Authorized Official from the Bank
Date :
1.
Please attach a photocopy of cheque along with the verification obtained from
the Bank.
2.
In case your Bank Branch is presently not “RTGS enabled”, then upon its up gradation to
“RTGS Enabled” branch, please submit the information again in the above Proforma to the Department
at the earliest.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-47 of 54
CHAPTER-VII
Annexure- ‘D’
INTEGRITY PACT
General
1. Whereas the PRESIDENT OF INDIA, represented by NSG, hereinafter referred to as the
Buyer and the first party, proposes to procure (Name of the Equipment), hereinafter referred to
as Defence Stores, and M/s____________, represented by,___________(Designation which
term, unless expressly indicated by the contract, shall be deemed to include its successors
and its assignees), hereinafter referred to as the Bidder/Seller and the second party, is willing
to offer/ has offered the stores.
2. Whereas the Bidder is a private company/public company/partnership/ registered export
agency, constituted in accordance with the relevant law in the matter and the Buyer is a
Ministry of the Government of India performing its functions on behalf of the President of India.
Objectives
3. Now, therefore, the Buyer and the Bidder agree to enter into this pre-contract agreement,
hereinafter referred to as Integrity Pact, to avoid all forms of corruption by following a system
that is fair, transparent and free from any influence/ unprejudiced dealing prior to, during and
subsequent to the currency of the contract to be entered into with a view to:3.1
3.2
Enabling the Buyer to obtain the desired defence stores at a competitive price in
conformity with the defined specifications of the Services by avoiding the high cost and
the distortionary impact of corruption on public procurement, and
Enabling bidders to abstain from bribing or any corrupt practice in order to secure the
contract by providing assurance to them that their competitors will also refrain from
bribing and other corrupt practices and the Buyer will commit to prevent corruption, in
any form, by their officials by following transparent procedures.
Commitments of the Buyer
4. The Buyer commits itself to the following:4.1
The Buyer undertake that no official of the Buyer, connected directly or indirectly with
the contract, will demand, take a promise for or accept, directly or through
intermediaries, any bribe, consideration, gift, reward, favour or any material immaterial
benefit or any other advantage from the Bidder, either for themselves or for any
person, organisation or third party related to the contract in exchange for an advantage
in the bidding process, bid evaluation, contracting or implementation process related to
the Contract.
4.2
The Buyer will, during the pre-contract stage, treat all Bidders alike, and will provide to
all Bidders the same information and will not provide any such information to any
particular Bidder which could afford an advantage to that particular Bidder in
comparison to other Bidders.
4.3
All the officials of the Buyer will report the appropriate Government office any
attempted or completed breaches of the above commitments as well as any
substantial suspicion of such a breach.
5. In case of any such proceeding misconduct on the part of such official (s) is reported by the
Bidder to the Buyer with full and verifiable facts and the same is prima facie found to be correct
by the Buyer, necessary disciplinary proceedings, or any other action as deemed fit, including
criminal proceedings may be initiated by the Buyer and as such a person shall be debarred
from further dealings related to the contract process. In such a case while an enquiry is being
conducted by the Buyer the proceedings under the contract would not be stalled.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc.)
For & On Behalf of the President of India
Page-48 of 54
Commitments of Bidders
6. The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair
means and illegal activities during any stage of his bid or during any pre-contract or post
contract stage in order to secure the contract or in furtherance to secure it and in particular
commits himself to the following:6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
The Bidder will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the Buyer, connected
directly or indirectly with the bidding process, or to any person, organisation or third
party related to the contract in exchange for any advantage in the bidding, evaluation,
contracting and implementation of the Contract.
The Bidder further undertakes that he has not given, offered or promised to give,
directly or indirectly any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement to
any official of the Buyer or otherwise in procuring the Contract or forbearing to do or
having done any act in relation to the obtaining or execution of the Contract or any
other contract with the Government for showing or forbearing to show favour or
disfavour to any person relation to the Contract or any other Contract with the
Government.
The Bidder will not collude with other parties interested in the Contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting
and implementation of the contract.
The Bidder will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.
The Bidder further confirms and declares to the Buyer that the Bidder is the original
manufacturer/integrator/authorised government sponsored export entity of the defence
stores and has not engaged any individual or firm or company whether Indian or
foreign to intercede, facilitate or in any way to recommend to the Buyer or any of its
functionaries, whether officially or unofficially to the award of the contract to the Bidder,
nor has any amount been paid, promised or intended to be paid to any such individual,
firm or company in respect of any such intercession, facilitation or recommendation.
The Bidder, either while presenting the bid or during pre-contract negotiations or
before signing the contract, shall disclose any payments he has made, is committed to
or intends to make to officials of the Buyer or their family members, agents, brokers or
any other intermediaries in connection with the contract and the details of services
agreed upon for such payments.
The Bidder shall not use improperly, for purposes of competition or personal gain, or
pass on to others, any information provided by the Buyer as part of the business
relationship, regarding plans, technical proposals and business details, including
information contained in any electronic data carrier. The Bidder also undertakes to
exercise due and adequate care lest any such information is divulged.
The Bidder commits to refrain from giving any complaint directly or through any other
manner without supporting it will full and verifiable facts.
The Bidder shall not instigate or cause to instigate and third person to commit any of
the actions mentioned above.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc.)
For & On Behalf of the President of India
Page-49 of 54
7. Previous Transgression
7.1
7.2
The Bidder declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any
country in respect of any corrupt practices envisaged hereunder or with any Public
Sector Enterprise in India or any Government Department in India, that could justify
bidder’s exclusion from the tender process.
If the Bidder makes incorrect statement on this subject, Bidder can be disqualified from
the tender process or the contract, if already awarded, can be terminated for such
reason.
8.
Company Code of Conduct
8.1
Bidders are also advised to have a company code of conduct (clearly rejecting the use
of bribes and other unethical behaviour) and a compliance program for the
implementation of the code of conduct throughout the company.
9.
Sanctions for violation
9.1
Any breach of the aforesaid provisions by the Bidder or any one employed by him or
acting on his behalf (whether with or without the knowledge of the Bidder) or the
commission of any offence by the Bidder or any one employed by him or acting on his
behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention of
Corruption Act 1988 or any other act enacted for the prevention of corruption shall
entitle the Buyer to take all or any one of the following actions, wherever required:(i)
To immediately call off the pre-contract negotiations without assigning any reason
or giving any compensation to the Bidder. However, the proceedings with the
other bidder(s) would continue.
(ii)
The Earnest Money / Security Deposit / Performance Bond shall stand forfeited
either fully or partially, as decided by the Buyer and the Buyer shall not be
required to assign any reason therefore.
(iii) To immediately cancel the contract, if already signed, without giving any
compensation to the Bidder.
(iv) To recover all sums already paid by the Buyer, and in case of an Indian Bidder
with interest thereon at 2% higher than the prevailing Prime Lending Rate, while in
case of a Bidder from a country other than India with interest thereon at 2% higher
than the LIBOR. If any outstanding payment is due to the Bidder from the Buyer
in connection with any other contract for any other defence stores, such
outstanding payment could also be utilized to recover the aforesaid sum and
interest.
(v) To encash the advance bank guarantee and performance bond/warranty bond if
furnished by the Bidder, in order to recover the payments, already made by the
Buyer, along with interest.
(vi) To cancel all or any other Contracts with Bidder.
(vii) To debar the Bidder from entering into any bid from the Government of India for
minimum period of five years, which may be further extended at the discretion of
the Buyer.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc.)
For & On Behalf of the President of India
Page-50 of 54
(viii)To recover all sums paid in violation of the Pact by Bidder(s) to any middleman or
agent or broker with a view to securing the contract.
(ix) If the Bidder or any employee of the Bidder or any person acting on behalf of the
Bidder, either directly or indirectly, is closely related to any of the officers of the
Buyer, or alternatively, if any close relative of an officer of the Buyer has financial
interest/stake in the Bidder’s firm, the same shall be disclosed by the Bidder at the
time of filing of tender. Any failure to disclose the interest involved shall entitle the
Buyer to rescind the contract without payment of any compensation to the Bidder.
Note:- The term ‘close relative’ for this purpose would mean spouse whether residing with the
Government servant or not, but not include a spouse separated from the Government servant
by a decree or order of the competent court; son or daughter or step son or step daughter
and wholly dependent upon Government servant, but does not include a child or step child
who no longer in any way dependent upon the Government servant or of whose custody the
Government servant has been deprived or by or under any law; any other person related,
whether by blood or marriage, to the Government servant or to the Government servant’s
wife or husband and wholly dependent upon Government servant.
(x) The bidder shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the Buyer,
and if he does so, the Buyer shall be entitled forthwith to rescind the contract and
all other contracts with the Bidder. The Bidder shall be liable to pay compensation
for any loss or damage to the Buyer resulting from such rescission and the Buyer
shall be entitled to deduct the amount so payable from the money(s) due to the
Bidder.
(xi) In case where irrevocable letters of Credit have been received in respect of any
contract signed by the Buyer with the Bidder, the same shall not be opened.
9.2
The decision of the Buyer to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder shall be final and binding on the Bidder, however, the
Bidder can approach the monitor(s) appointed for the purposes of this pact.
10.
Fall Clause
10.1
The Bidder undertakes that he has not supplied/is not supplying the similar
systems or subsystems at a price lower than that offered in the present bid in respect
of any other Ministry/Department of the Government of India and if it is found at any
stage that the similar system or sub-system was supplied by the Bidder to any other
Ministry/Department of the Government of India at a lower price, then that very price,
with due allowance for elapsed time, will be applicable to the present case and the
difference in the cost would be refunded by the Bidder to the Buyer, if the contract
has already been concluded.
10.2
The Bidder shall strive to accord the most favoured customer treatment to the Buyer
in respect of all matter pertaining to the present case.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc.)
For & On Behalf of the President of India
Page-51 of 54
11.
Examination of Books of Accounts
In case of any allegation of violation of any provisions of this Integrity Pact or payment of
commission, the Buyer or its agencies shall be entitled to examine the Books of Accounts of
the Bidder and the Bidder shall provide necessary information of the relevant financial
documents in English and shall extend all possible help for the purpose of such examination.
12.
Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of
the Buyer i.e. New Delhi.
13.
Other Legal Actions
The actions stipulated in this Integrity Pact are without prejudice to any other legal action that
may follow in accordance with the provisions of the extant law in force relating to any civil or
criminal proceedings.
14.
Validity
14.1
The validity of this Integrity Pact shall be from the date of its signing and extend upto
5 years or the complete execution of the contract to the satisfaction of both the Buyer
and the Bidder/Seller, whichever is later.
14.2
Should one or several provisions of this Pact turn out to be invalid; the remainder of
this Pact remains valid. In this case, the parties will strive to come to an agreement
to their original intentions.
15.
The Parties hereby sign this Integrity Pact at______________on_______
BUYER
BIDDER
Witness
Witness
1._________________
1._________________
2._________________
2._________________
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc.)
For & On Behalf of the President of India
Page-52 of 54
CHAPTER-VII
Annexure- ‘E’
Check list for Tenderers
Before submission/uploading of tender documents, Tenderers should check they have
complied with the following requirements: Sl.
No.
Requirements to be checked before submission of the
tender
1.
Cost of Tender has been enclosed with tender
document. If not, then supporting documents proving
exemption to this enclosed/uploaded.
Earnest Money Deposit (EMD) has been enclosed. If
not, then supporting documents proving exemption to
this enclosed/uploaded.
If registered with NSIC or / and DGS&D, copies of valid
registration certificate enclosed/uploaded.
If an SSI, it has been mentioned in tender & copy of
valid registration certificate enclosed/uploaded.
Monthly manufacturing & supplying capacity has been
mentioned in the tender documents.
Complete
tender
documents
have
been
enclosed/uploaded, after digital signature & stamping on
all pages.
Signatures of witness with full name and address have
been added wherever required on tender document.
Proposal has been submitted in two bid system –
Technical Bid & separate Financial Bid as per tender
enquiry.
Offer validity as required in tender has been accepted &
clearly mentioned in tender document.
Delivery Terms & Period as per tender has been
accepted and mentioned in tender.
Payment Terms as per tender have been accepted and
mentioned in tender.
Compliance statement in format required in tender has
been enclosed along with supporting technical
documents/proof for each point/parameter clearly
showing it is complied with or not.
Performance statement for 3 years as required in tender,
in the laid down format, has been enclosed. If not,
reasons be specifically given in writing.
Warranty terms as per tender accepted.
If called for in tender, Details of AMC condition after
warranty period have been included in price bid.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Signature of the tenderer
Complied
(Please indicate
YES after
complying with the
requirement)
Indicate
Page No.
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-53 of 54
Sl.No.
Requirements to be checked before submission of the
tender
16.
Status of tenderer has been clearly written in tender –
manufacturer or manufacturers authorized agent. If
authorized agent, valid authority letter for the stores
quoted from the manufacturer has been enclosed.
17.
18.
19.
20.
21.
22.
Complied
(Please indicate
YES after
complying with the
requirement)
Indicate
Page No.
If agent of foreign principal, copy of valid DGS&D
enlistment certificate as Indian Agent of Foreign
Principal enclosed. If not, reason in writing be given.
If called for in tender, tender sample has been enclosed
with tender for deposit.
Lab test report from NABL accredited lab as required in
tender, in original, giving clear verdict as per requirement
of tender has been enclosed.
Acceptance of Functional Demo clause, as required in
tender, has been specified in writing.
Free Training on use of equipment after supply, as
specified in tender, has been accepted in writing.
Condition of contract as per DGS&D 68 ® and DGS&D
229 have been accepted and specifically written in
tender documents.
The following proforma enclosed with tender have been
properly & completely filled in, signed & stamped.
i)
ii)
iii)
23.
24.
Form 68 (A) – offer of stores.
Questionnaire
Form 7, Proforma for equipment & quality
control.
iv)
Details of manufacturer.
The tenderer has clearly mentioned in writing that
business dealings with their firms have not been banned
by any Govt/Private agency.
If the tenderer wants to mention any specific condition, it
must be mentioned on the covering/forwarding letter only
which will be placed on the first page of the technical bid.
Such condition mentioned in any other document shall
not be given any consideration.
Signature of the tenderer
(Vivek Bhandral)
Group Commander (Proc)
For & On Behalf of the President of India
Page-54 of 54