Procurement of TYRE & O Ring for Reach Stackers cranes... CONTAINER CORPORATION OF INDIA LTD. (A Govt. of India Undertaking)

CONTAINER CORPORATION OF INDIA LTD.
(A Govt. of India Undertaking)
OPEN TENDER NO.: CON/ ICD/DER/ TECH/RST/TYRE/2014
FOR
Procurement of TYRE & O Ring for Reach Stackers cranes at ICD / DADRI, U.P.
Last Date & Time for receipt of Tender Form:15:00 hrs on 11/11/2014
Date & Time for Opening of the Tender:
15:30 hrs on 11/11/2014
Office of General Manager (Technical),
CONTAINER CORPORATION OF INDIA LIMIED,
INLAND CONTAINER DEPOT-DADRI
TILAPATA, GREATER NOIDA,
DISTT: GAUTAMBUDH NAGAR, UTTAR PRADESH -201311.
Regional Office
Executive Director
NORTH CENTRAL REGION,
502, P-5, OCEAN PLAZA,
SECTOR – 18, NOIDA, U.P 201301
Regd. Office.
Container Corporation of India Limited
CONCOR BHAWAN, C-3, Opp. Apollo Hospital,
Mathura Road,
New Delhi–110076
1
NOTICE OF TENDER
OPEN TENDER No. CON/ ICD/DER/ TECH/RST/TYRE /2014
1. Sealed single bids are invited by Executive Director from established, experienced & reliable manufacturers
or/and from their authorized dealer for the Supply of 36 Nos. of size 18 x 25, 40 PR RST Tyre and 41 Nos O
Ring 18x25 for RST (Container handling Crane), as per the following details: Item
No.
1
02
Product
Description
Tyre
( Lugs
Pattern)
TYRE SIZE 18X 25 ,
40 PR,
O Ring
O Ring 18x25
for RST Tyre
SPECIFICATION Application
SIZE 18X 25 , 40 PR, LUGS
PATTERN E4 (IND4 - DEEP
TREAD),
O Ring 18x25 for
RST Tyre
2. Bid Security (Earnest Money) Deposit
3. Cost of Tender Document *
4. Date of sale of Tender
5. Date and time of Submission
6. Date and time of opening
7. Place of Opening
8. Minimum Average Annual Turn over
Industrial/Port
application supported
Quantity
36 Nos
BY CERTIFICATE OF
MANUFACTURER
Industrial/Port
application supported
41 Nos
BY CERTIFICATE OF
MANUFACTURER
Rs 71,103/- (INR)
Rs.2,000 (INR) plus 14% VAT in the form of Demand
Draft drawn in favour of “Container Corporation of India
Ltd” payable at New Delhi
13/10/14 to 10/11/14 between 11.00 hours to 17.00
hours on all working days in GM/Tech’s office.
11/11/2014 (up to 15.00 hours – Indian Standard Time)
11/11/2014 (at 15.30 hours – Indian Standard Time)
Office of General Manager (Technical),
CONTAINER CORPORATION OF INDIA LIMIED,
INLAND CONTAINER DEPOT-DADRI
TILAPATA, GREATER NOIDA,
DISTT: GAUTAMBUDH NAGAR, UTTAR PRADESH 201311
1.42
Crores
•
Tender Document can be purchased from the office of the General Manager (Tech) at the abovementioned address between 11.00 to 17.00 Hrs. on all working days. CONCOR shall not be responsible
for any postal delay. Complete tender papers duly accompanied with requisite EMD shall be received in
the office of GM (Tech) as per date and time mentioned above and shall be opened in presence of the
tenderers or their authorized representative.
•
The Bid Document can also be downloaded from the website of CONCOR, i.e. www.concorindia.com,
However, the intending bidders who use downloaded Bid Document should submit the document sale
price of INR 2,000/- + 14% VAT by way of Demand Draft in favour of “Container Corporation of India Ltd.”,
payable at New Delhi at the time of submission of bid.
2
•
Downloaded bid submitted without Demand Draft of INR 2000/- + 14% VAT would be summarily rejected.
Prospective Bidder, who downloads the tender document from website, should also visit CONCOR’s
website, regularly, for any addendum/corrigendum, if any, till the time of opening of the bid.
Addendum/corrigendum shall not be Published in new papers.CONCOR shall not be responsible for any
printing error in the downloaded tender document.
Office of General Manager (Technical),
CONTAINER CORPORATION OF INDIA LIMIED,
INLAND CONTAINER DEPOT-DADRI
TILAPATA, GREATER NOIDA,
DISTT: GAUTAMBUDH NAGAR, UTTAR PRADESH -201311
3
Tender No. CON/ ICD/DER/ TECH/RST/TYRE /2014
Date: ___________
M/s. ___________________
________________________
________________________
Dear Sir,
SUB: Open Tender for Supply of TYRE & O Ring of Reach Stackers cranes at ICD /
DADRI, U.P
Container Corporation of India Limited invites sealed bids from authorized agencies for
Supply of TYRE & O Ring for Reach Stackers cranes at ICD / DADRI, U.P
The bids are to be submitted duly complete as per requirements detailed in the tender
document.
1.
Details of Bid:
a) Bid Reference: CON/ ICD/DER/ TECH/RST/TYRE/2014
b) Last date & time for receipt of bid : 15:00 hrs on 11/11/2014
c) Date & Time for opening of the bid : 15:30 hrs on11/112014
d) Place of opening of bid
e) Address for communication:
:
Office of General Manager (Technical),
CONTAINER CORPORATION OF INDIA LIMITED
INLAND CONTAINER DEPOT-DADRI,
TILAPATA, GREATER NOIDA
DISTT: GAUTAMBUDH NAGAR, U.P-201311.
Office of General Manager (Technical),
CONTAINER CORPORATION OF INDIA LIMITED
INLAND CONTAINER DEPOT-DADRI,
TILAPATA, GREATER NOIDA
DISTT: GAUTAMBUDH NAGAR, U.P-201311.
2.
Bidding procedure
a) All bids must be delivered to the office of the.GM/Tech, ICD/Dadri, U.P. not later
than 15.00 hrs on 11/11/2014 in a sealed cover and will be opened at 15:30 hrs on
the same day in the presence of the bidders’ representatives who choose to attend
the opening.
b) All bids must be accompanied by an Earnest Money for the amount of Rs.71,103/in the form of a bank draft issued by Nationalised / Scheduled Bank payable at
Delhi/.
c) Bids not accompanied by Earnest Money will be summarily rejected.
Note:
Fax/Telex and incomplete offers will be rejected. The Container Corporation of India Ltd.,
reserves the right to accept or reject any or all bids received at their absolute discretion without
assigning any reasons whatsoever.
4
SECTION – I
INSTRUCTION TO TENDERERS
1.
GENERAL INSTRUCTIONS.
1.1
Container Corporation of India Ltd. (A Government of India Undertaking), Inland
Container Depot, DADRI, New Delhi, INDIA (hereinafter referred to as “CONCOR”)
invites offers from the reputed manufacturer or/and authorized agencies for
“Supply of Tube less Tyre Size 18 x 25, and O Ring 18x25 for RST Tyre as per
specification mentioned in scope of work of the section – IV and in the tender
notice
All offers on the prescribed format should be submitted before the time and date
fixed for the receipt of offers as set forth in the tender Document. Offer received
after the stipulated time and date, are liable to be rejected.
All information in the offer must be in English or Hindi. Information in any other
language must be accompanied by its authenticated translation in English; failure to
comply with this may render the offer liable to be rejected. In the event of any
discrepancy between an offer in a language other than English and its English
translation, the English translation will prevail.
All correspondence should be addressed only to the General Manager/Tech,
Container Corporation of India, Inland container depot-dadri, Tilapata, greater noida
Distt: Gautam Budh nagar, U.P-201311.If the tenderer shall have any doubt as
tothe meaning of any portion of the conditions or of the specifications, drawings or
plans, he shall (before submitting the tender) obtain written clarification from office
of General Manager/Tech, Container Corporation of India, Inland Container Depot,
DADRI, U.P.
1.2
1.3
1.4
2.0
QUALIFYING REQUIREMENT OF BIDDERS
.
2.1
The bids should be submitted by manufacturer or his authorized dealers
2.2
A Performance Statement as per Annexure - 3 , giving a list of major supplies of Tyres and
“O” Ring effected in the last three years , giving the details of Purchaser’s name and
address, order No. and date and the quantity supplied and whether the supply was made
within the delivery schedule. The bidder should have supplied of similar Size Tyre and O
Ring through single order of amounting to Rs. 23.71 Lakhs in a year during previous 36
months from opening date of tender or total Tyres and “O” Ring of Rs. 35.56 Lakhs
during 36 months from the date of opening date of tender
2.3
Audited Financial statement for the last three years shall also be furnished
2.4
The bidder shall promptly furnish further
capacity/capability, if required by the Purchaser.
2.5
Bidders not submitting the requisite information may note that his offer is liable to be
ignored.
5
information
regarding
his
3.0
EARNEST MONEY
3.1
Earnest Money for an amount of Rs.71,103/- shall accompany the bid. The Earnest
Money shall be in any of the following forms: -
3.1.1 A crossed Bank Draft in favour of Container Corporation of India Ltd. from a
Nationalized/Scheduled Commercial Bank in India, payable at New Delhi (India).
3.1.1. A crossed Cashier’s Cheque or Certified Cheque in favour of Container Corporation
of India Ltd. from a Nationalized/Scheduled Commercial Bank in India (preferably in
New Delhi) and payable at New Delhi (India).
3.1.2 An irrevocable Bank Guarantee issued by a Nationalized/Scheduled Indian Bank
acceptable to the Purchaser in the form provided in the Bidding Document
(Annexure- 4) valid for 30 days beyond the validity of the bid i.e.150 days from the
date of opening of Bids.
3.1.3 For bidder’s guidance in complying with the requirements of the bank guarantee, a
checklist at Annexure-4.1 is provided. Bidders submitting bank guarantee as bid
security are also required to submit the checklist duly filled along with the bank
guarantee.
3.2
The Earnest Money kept in a separate sealed envelope should be marked
“Envelope-1, Earnest Money” on the top of the envelope.
3.3
The Earnest Money shall remain deposited with CONCOR for the period of 120
days from the date of opening of tenders or finalisation of tender, whichever is later.
If the validity of the offer is extended, the earnest money deposit shall also
extended, falling which the offer after the expiry of the aforesaid period shall not be
considered by CONCOR
3.3.1 In exceptional circumstances, the Purchaser (CONCOR) may solicit the bidder’s
consent to an extension of the bid validity period. The request and responses
thereto shall be made in writing and to be despatched by email / fax / cable followed
by a post confirmation. If a Bidder accepts to prolong the period of bid validity, the
bid security shall also be suitably extended for corresponding period. However, a
Bidder may refuse such request without forfeiting its bid security. A Bidder granting
the request will neither be required nor permitted to modify its bid.
3.4
No interest will be payable by CONCOR on the Earnest Money Deposit.
3.5
The Earnest Money deposited is liable to be forfeited by CONCOR in full: -
3.5.1 If the bidder withdraws or amends, impairs or derogates from the tender in any
respect within the period of validity of his offer.
3.5.2 If the Bidder does not accept the correction of its bid price pursuant to Clause 4.11
of Section-I.
6
3.5.3 If the successful bidder, whose offer has been accepted should give their
acceptance to Purchase Order within 15 days of issue of Purchase Order and
furnish Contract Performance Guarantee (Performance Security Deposit) as
specified in Clause-9 of Section-III (Terms and Conditions) within 30 days from the
date of issue of Purchase Order.
3.5.4. If the successful bidder fails to complete accept the Purchase order in accordance
with Clause- 11.0 of Section-II within the stipulated period.
3.6
The Earnest Money of successful bidder will be returned after the Contract
Performance Guarantee as required by Clause 10 of Section II General Condition of
Contract and Clause-9.0 of Section-III, Terms and Conditions, is furnished.
3.7
CONCOR will return the Earnest Money of all unsuccessful bidders as promptly as
possible as but not earlier than 30 days after the expiration of the period of bid
validity prescribed by CONCOR
3.8
Any tender not accompanied by the specified Earnest Money of Rs.71103/- (INR)
as per Clause-3.1 having validity for a period of 120 days, plus 30 days claim period
in case of Bank Guarantee i.e. 150 days, shall be summarily rejected.
3.9 The micro and small enterprises (MSEs) registered with any of the following:
a.
b.
c.
d.
e.
f.
g.
I.
II.
III.
District industries centers.
Khadi and village industries commission,
Khadi and village industries board,
Coir Board,
National small industries corporation,
Directorate of handicraft and handloom,
Any other body specified by ministry of micro, small and medium enterprises MSME,
shall be
given the benefits as mentioned below subject to submission of valid
registration for tendered item and verification from the respective authority.
Issue of tender sets free of cost,
Exemption from payment of earnest money (EMD),
Price preference up to 15% to MSE’s over the quotation of large scale units.
4.
SUBMISSION OF OFFERS.
4.1
4.2
All offers shall be either type written or written neatly in indelible ink.
Any individual(s) signing the tender or other documents connected therewith should
specify whether he is signing as
i) Sole proprietor of the concern or as attorney of the sole proprietor.
ii) Partner/s of the firm duly authorised to sign the tender.
iii) Authorised representative of the company.
All prices and other information like discounts etc. having a bearing on the price
shall be written both in figures and words in the prescribed price bid as per schedule
of price of Section- V.
4.3
7
4.4
All bidders or their representatives must bring with them an authority letter on the
letterhead of the bidder, duly signed by authorised signatory, to attend the tender
opening, failing which they will not be allowed to attend the opening of the tenders.
4.5
Offer should be addressed to the General Manager/Tech, Container Corporation of
India Ltd., Inland Container Depot, Dadri, U.P-201311. The envelope should
indicate the tender No. and due date of its opening and should also indicate the
tenderer’s complete address.
Offers shall be as per clauses given in the Bid Documents. However, the tenderer
shall indicate his acceptance or otherwise against each clause and sub-clause of
the tender. For this purpose, the tenderer shall enclose a separate statement
indicating only the deviations from any clause or sub-clause with full justification in
the format shown at Annexure- “A”. CONCOR, however, reserves the right to
accept or reject these deviations and his decision thereon shall be final.CONCOR
may also modify the terms and condition based upon the deviations submitted by
the bidders.
The offer should be accompanied with the tender documents duly signed on all
pages by the authorised signatory along with stamp/seal of the organisation.
The tenderer should avoid ambiguity in his offer and his offer should be covering all
aspects of the Scope of Work in conjunction with other conditions of the contract.
The tender documents should be if applicable submitted along with all the relevant
documents mentioned below:
• The copy of registration for VAT /TIN as applicable.
• Documentary evidence of past performance/proof i.e Copy of completion for
supply of same tyres as per clause 2.2 of the section – I.
In case of increase of government taxes at the time of delivery, CONCOR will pay
the same on the production of proof for the same. Alternatively, if there is decrease
in the taxes the contractor have to inform CONCOR and the tax amount will be paid
accordingly.
4.6
4.7
4.8
4.9
4.10
4.11
At the time of opening of bid, arithmetic errors will be rectified on the following
basis:
•
•
•
4.12
If there is a discrepancy between the unit price and the total price, which is
obtained by multiplying the unit price with quantity, the unit price shall prevail
and the total price shall be corrected accordingly.
If there is a discrepancy between the words and figures, the amount in words
shall prevail.
If the bidder does not accept the correction of errors, its bid will be rejected and
the earnest money will be forfeited.
IT MAY PLEASE BE NOTED THAT CONCOR RESERVES THE RIGHT TO: -
(i) Extend the date of submission of the tender.
(ii) Modify the terms and conditions of the Bid.
(iii) Relax the tender conditions at any stage, if considered necessary for the purpose of
finalizing the contract in overall interest of CONCOR.
(iv) To negotiate the rates with the bidder whose offer is conforming Technical
Specification and rate is lowest (i.e. L-1).
8
(v) Accept a tender for a part or whole of the quantity offered, reject any tender, may
not accept lowest or any tender without assigning any reason. Any such action will not
be called into question and the bidder shall have no claim in that regard against
CONCOR.
4.13 The Tender received before the Time of opening but after due date and time of
submission is Delayed Tender.
The Tender received after the Specified time of opening of Tender is Late Tender.
The. Tender received after specified date and Time of opening is Post Tender.
The Delayed Tender, Late Tender and Post Tender will not be opened and
summarily rejected
4.14
The bid shall contain no interlineations, erasures or overwriting except as necessary
to correct errors made
by the Bidder, in which case the person or persons signing the bid shall initial such
corrections. Any interlineations, erasures or overwriting shall only be valid if
they are initialed by the signatory(s) to the bid.
4.15
The tenders received shall be opened, in the presence of such of the bidders or
their authorised representatives who may like to be present, at 15.00 hrs on the
date and the location specified in the “Bid Invitation”.
4.16
The bidders representative, who will be present, shall sign in a register evidencing
their attendance.
4.17
The bidders’ names, presence of Earnest Money Deposit, and such other details, as
CONCOR, at its discretion, may consider appropriate will be announced at the time
of opening of bid
5.
Quantity Variation
5.1
The purchaser reserves the right to vary the quantity of the material tendered for by
up-to plus/minus 30% either at the stage of ordering or at any stage during the
currency of the contract
6.
PRICES.
6.1
The prices quoted shall be final and not subject to any variation. CONCOR will not
be liable to separately bear any of the expenditure directly or indirectly associated
with the execution of the work. The prices should be quoted in the price bid
proforma only.
7.
ACCEPTANCE OF TENDER.
7.1
CONCOR may accept a tender for a part or whole of the quantity offered as per the
qualifying criteria & others terms and conditions, reject the tender without assigning
any reason and may not accept the lowest tender, without assigning any reason
whatsoever.
7.2
The acceptance of tender will be communicated telephonically or through fax/E-mail
subsequent to which the party should approach CONCOR for Collecting PO.
9
8.
EFFECT AND VALIDITY OF OFFER.
8.1
The submission of any offer connected with these specifications and documents
shall constitute an agreement that the tenderer shall have no cause of action or
claim, against CONCOR for rejection of his offer. CONCOR shall always be at
liberty to reject or accept any offer or offers at their sole discretion and any such
action will not be called into question and the tenderer shall have no claim in that
regard against CONCOR.
8.2
The offer shall be kept valid for acceptance for a minimum period of 120 (one
twenty) calendar days from the date set for opening of tenders.
9.
GENERAL.
The tenderers must ensure that the conditions laid down for submission of offers
detailed in the preceding paras, are completely and correctly fulfilled. Tenders,
which are not complete in all respects as stipulated above, may be summarily
rejected.
10.
LAST DATE OF RECEIPT OF THE TENDERS.
10.1
The offers complete in all respects should reach the General Manager/Tech,
Container Corporation of India, Inland container depot-dadri, tilapata, greater noida
Distt: Gautam Budh nagar, U.P-201311.I, U.P, not later than 15.00 hrs on date
.........
.
10.2
The tenders received shall be opened, in the presence of such of the tenderers or
their authorised representatives who may like to be present, at 15.30 hrs. on ---/--2014, the date specified in the “Bid Invitation” and where practicable, the names of
tenderers and the rates tendered by them will be read out
10.3
In case the due date for opening of tender is declared a Public Holiday, the tender
will be opened at the same time and same location on the next working day.
The tender may be submitted either in person or through Courier/post on or before --/---2014. However the postal delay, if any, will not be considered. Therefore the
bidder should ensure the submission of the tender with in the stipulated date in
time.
10.4
11.
EVALUATION OF THE OFFERS
11.1
(i)
CONCOR will examine the bids to determine whether these are complete,
Earnest Money is in the requisite form and validity period is available,
(ii)
(iii)
The validity of the bid is as per the Bid Document,
The bid document has been properly “signed & stamped” by the authorised
signatory and numbered properly,
(iv)
“Deviation Statement” or “Nil Deviation Undertaking” has been submitted
as per annexure - A,
10
(v)
No condition stipulated in any clause/sub-clause of Section -I ,Section-II,
Section-III, and its associated annexure,
(vi)
Documents required to be submitted by the bidder vide Clause-12.0 of
Section-II have been furnished,
The prices have been quoted as per format given in Schedule of Price in
Section - V,
It conforms to that the quoted items is as per given specification and size in
the tender,
Performance Statement as per Annexure- 3, and Financial Capability to
supply 36 Lugs pattern Tyres of required size and specification as per
stipulated delivery period, past supply credentials and financial turnover for
the last three years.
(vii)
(viii)
(ix)
11.2
To assist the examination, evaluation and comparison of bids, CONCOR may, at its
discretion, ask the bidder for clarification of its bid. The request for clarification and
the response thereto shall be in writing and no change in price or substance of the
bid shall be sought/offered or permitted.
11.3
CONCOR may waive off any minor infirmity or non-conformity or irregularity in a bid
provided such waiver does not prejudice or affect the relative ranking of any bidder.
CONCOR, however, reserves the right to accept or reject these deviations and its
decision thereon shall be final and binding.
11.4
If required, bidders would be asked to give detailed analysis of their quoted cost,
which the bidder shall furnish without any reservation.
11.5
CONCOR will issue the Purchase Order to the bidder whose bid has been
determined to be the lowest evaluated bid conforming to the terms and conditions
of various sections of the Bid Document. The rates finally accepted will be binding
on both the parties and no change in the accepted rates will be permissible during
the currency of the contract.
11
SECTION-II
GENERAL CONDITIONS OF CONTRACT
1.
Definitions.
1.1
In this contract the following terms shall be interpreted as indicated:
i)
“The Contract” means the agreement entered into, between CONCOR and
the Supplier, as recorded in the contract form signed by the parties, including
all the attachments and appendices thereto and all documents incorporated
by reference therein;
ii)
“The Contract Price” means the price payable to the contractor under the
contract for the full and proper performance of its contractual obligations:
iii)
“CONCOR” means the organization or its authorized representative, getting
the Scope of Work implemented under this contract.
iv)
“The Contractor” means the individual or the firm undertaking the Scope of
Work defined under this contract.
2.
Inspections and Tests.
2.1
CONCOR reserves the right to carry out inspection at any point of time and it will be
binding on the contractor to review/ replace the supply on being asked to do so by
technically qualified representative of CONCOR.
3.
Delay in Contractor’s Performance.
3.1
Any delay by the contractor in supply of Tyres, shall render the contractor liable for:
a)
Imposition of liquidated damages as brought out in the Special Conditions of
Purchase order i.e the liquidated damages, L.D. will be applicable @ 0.5%
per week (inclusive of part day) of delays beyond the stipulated completion
period up to a maximum of 10% of the contract value.
b)
Termination of the Purchase order for default.
4.
Termination by Default.
4.1
CONCOR may, without prejudice to any other remedy for breach of contract, by
written notice of default sent to contractor, terminate the contract in whole or part:
a) If the contractor fails to supply said Tyres within the time period specified in the
Purchase order or within any extension thereof granted by CONCOR.
b) If the supplier fails to perform any other obligation(s) under the contract.
12
4.2
In the event CONCOR terminates the Purchase order in whole or in part, CONCOR
may get the supply upon such terms and in such manner, as it deems appropriate,
goods and services similar to those undelivered, and the contactor shall be liable to
the CONCOR for any excess costs for such similar goods and services. However, the
supplier shall continue Performance of the supply to the extent not terminated.
4.3
In the event of failure of the supply, CONCOR may also debar the supplier for the
future purchase, besides forfeiture the security deposits.
5.
Force Majeure.
5.1
The Supplier shall not be liable for forfeiture of its liquidated damages or termination
for default, if and to the extent that, its delay in performance or other failure to perform
its obligations under the contract is the result of an event of Force Majeure.
5.2
For purposes of this clause, "Force Majeure" means an event not foreseeable and
not controllable by human interventions and not involving the contractor's fault or
negligence. Such events may include, but are not limited to, acts of CONCOR in its
sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine
restrictions, earthquakes and freight embargoes.
5.3
If a Force Majeure situation arises, the contractor shall promptly notify CONCOR in
writing of such conditions and the cause there of immediately. Unless otherwise
directed by CONCOR in writing, the contractor shall continue to perform its
obligations under the contract as far as is reasonably practical, and shall seek all
reasonable alternative means for performance not prevented by the Force Majeure
event.
6.
Termination for Convenience.
6.1
CONCOR may, by written notice sent to the supplier, terminate the contract, in whole
or in part, at any time for its convenience. The notice of termination shall specify that
termination is for CONCOR's convenience, the extent to which supply of material
under the contract is terminated, and the date upon which such termination becomes
effective.
6.2
In case of the same the portion of the purchase order that has been completed will be
paid for by CONCOR at the contract terms and prices. For the remaining portion,
CONCOR reserves the right to:
a)
b)
Have any part of the same executed at CONCOR’s terms and prices.
Cancel the balance quantity.
7.
Resolution of Disputes / Arbitration.
7.1
If at any time, any question, dispute or difference whatsoever shall arise between the
contractor and the container corporation of India Ltd with the meaning and operation
of the contract, whether during the progress of the supply or after its completion,
same shall be settled by arbitration at New Delhi in accordance with the rules of
arbitration of Indian council of arbitration and the award made in pursuance thereof
shall be binding on both the parties.
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8.
Notices.
8.1.
Any notices given by one party to the other pursuant to the contract shall be sent by
post or fax and confirmed in writing to the address specified;
CONCOR
-
Office of General Manager (Tech),
CONTAINER CORPORATION OF INDIA LIMIED,
INLAND CONTAINER DEPOT,
V&PO TILPATTA, DADRI, UTTAR PRADESH -201311.
Supplier
-
(to be filled at the time of submission of tender).
8.2
A notice shall be effective when delivered or on the notice's effective date, whichever
is later.
9.
Taxes and Duties.
9.1
Contractor shall be entirely responsible for payment of all taxes, duties, license fees,
etc., incurred until delivery of the contracted goods to CONCOR.
10.
PERFORMANCE SECURUTY
The successful bidder shall be required to submit performance guarantee
equivalent to 5% of the Contract Price (Purchase Order Value) as per clause 9 of
section III for supply of 36 Nos. of size 18 x 25, 40 PR lugs pattern tyres and 41 Nos
O Ring 18x25 for RST (Container handling Crane) as per format given in
Annexure-1 within 30 days of issue of Purchase Order.
11.
SIGNING OF THE PURCHASE ORDER
The bidder would be required to unconditional acceptance of Purchase Order. And
submission of Performance Security as per clause 9 of section III.
12.0
DOCUMENTS REQUIRED TO BE SUBMITTED BY THE BIDDER –
12.1
The following documents need to be submitted by the bidder along with the Bid: -
12.1.1 Envelope-1 shall be boldly superscripted “ENVELOPE-1, EARNEST MONEY”and
shall contain the following documents:(a) The earnest money in any forms mentioned in Clause-3.0 of Section-I, Instructions
to Tenderers. If the bid security is in the form of a bank
guarantee, it shall strictly be in accordance with the format as per Annexure-4 and
shall also be accompanied by the checklist as per Annexure-4.1 duly filled
12.1.2 Envelope-2 shall be boldly superscripted “ENVELOPE-2, Schedule of
PRICE FORMAT as per Section V” and shall contain the following
documents:(a) The applicable Schedule of price format as per “Schedule of Price” of Section V.
12.1.3 Envelope-3 shall be boldly superscripted “ENVELOPE-3” and shall contain
14
the following documents:12.1.3.1
A copy of the current Permanent Account Number (PAN)/Tax
IdentificationNumber(TIN) of the bidder/firm in case of indigenous bidder/firm,
12.1.3.2
Power of Attorney in support of the person or persons signing on behalf o
the Bidder (Sole Proprietor)
OR
In case of PVT Limited/ Limited Company, an authenticated copy of the
document, which authorises the signatory to commit on behalf of the
Company, shall accompany the offer.
12.1.3.3
Note: Cancellation of any document such as Power of Attorney, Partnership
Deed etc. shall be communicated forthwith to CONCOR in writing, failing
which CONCOR shall have no responsibility or liability for such an action
taken in the strength of the said documents submitted earlier or on the basis
of the amended documents.
12.1.3.4
Letter of submission of tender, to be duly completed, stamped and signed
as per Annexure-5.
12.1.3.5
Documents in support of Qualifying Requirement of Bidders as
required in Clause 2.0. of Section - 1
Tender Document to be read, stamped and signed on all pages.
Deviation Statement with respect to each clause/sub clause along with
detailed justification as per Annexure-A.
12.1.3.6
12.1.3.7
12.2
No modification in the bid will be allowed subsequent to the deadline for
submission.
15
SECTION-III
SPECIAL CONDITIONS OF CONTRACT
1.
GENERAL
The following Special Conditions of Contract shall supplement the General
Conditions of Contract (GCC). Wherever there is conflict these conditions will
prevail over the GCC.
2.
Delivery documents.
I. Two copies of Invoice.
II. Relevant warranty /guarantee certificate.
III. Authorized certificate in case of bid is submitted by an authorized dealer of
Manufacturer
IV. Certificate issued by manufacturer that the tyres are for industrial application
3
DELIVERY SCHEDULE
DELIVERY PERIOD (SHIPMENT SCHEDULE) - The delivery schedule would be as under: ITEM
SCHEDULE OF
DELIVERY
PERIOD
Quantity
CONSIGNEE
Supply of Tube less
Tyre , Lugs pattern
E4 Tyre, Size 18 x
25, Ply rating 40,
(IND4 Deep tread)
for
industrial/port
application
supported by the
certificate
of
manufacturer.
Supply of O Ring,
suitable for tyre
Size 18 x 25,
40PR
for
industrial/port
application
supported by the
certificate
of
manufacturer
D
D + 20
06 NOS
D21 TO D + 30
10 Nos.
D31 TO D + 45
10 NOS
D46 TO D + 60
10 Nos.
Office of General Manager
(Technical)/,
CONTAINER CORPORATION OF
INDIA LIMIED,
INLAND CONTAINER DEPOTDADRI
TILAPATA, GREATER NOIDA,
DISTT: GAUTAMBUDH NAGAR,
UTTAR PRADESH -201311
D
TO
D + 20
10 NOS
D21 TO D + 30
D31 TO D + 45
TO
10 Nos.
10 NOS
D46 TO D + 60
11 Nos.
Total for Both item
Tyres
36 nos
and “o “rings 41 nos
“D” is the date of issue of Purchase order
“PO” is the Purchase order
16
Note :
1.The firm can offer better dispatch schedule. In such case the details will be finalized in mutual consultation
with CONCOR and the Supplier.
2. Part supply can also be made with in the stipulated period.
4
DELIVERY DATE
4.1
The date of receipt of tyres at ICD/Dadri would be taken as “Delivery Date”.
5
WARRANTY.
The supplier will submit the warranty/guarantee certificate for the supply of Tyre
provided by them for the period of 12 months on pro data basis or more from the
date of supply.
6
6.1
PAYMENT.
Any of the payments terms to be accepted:
(A) 100 % payment on receipt and acceptance of material in stores
(B) 90% payments against documents through bank or directly against proof of dispatch
balance 10 % payment will be made only receipt and acceptance of the material at
Stores
(C) Advance payment on submission of equal value of bank guarantee (BG) in special
Case
.
7.
LIQUIDATED DAMAGES
a. In the event of the supplier’s failure to deliver the specified quantity of items within
the period fixed for such delivery in the specified delivery schedule in the Purchase
order or tender documents, CONCOR may deduct or recover from the contractor as
liquidated damages, L.D. @ 0.5% of the value of unsupplied items for each week or
part of the week so delayed subject to maximum of 10% of the contract value. or
the modified Contract value may be recovered from Vendor as liquidated damages
and not by way of penalty
7.1
For the purpose of the Clause-7.0 of Section-III, the delivery shall mean the receipt
of the tyres at ICD/Dadri.
8.
Sub-contracting not allowed.
Subletting of work or part is strictly prohibited.
9.0
PERFORMANCE GUARANTEE
The Tenderer shall be required to furnish a performance guarantee of 5% (five
percent) of the value of the contract, to be mentioned in PO in the form of a Bank
Guarantee as per format enclosed as Annexure -1 within 30 days from the issue of
Purchase Order. The Performance Bank Guarantee shall be from duly confirmed
17
by any Nationalized/Scheduled Commercial Bank in India (preferably located in
New Delhi) or from any Nationalized/Scheduled Commercial Bank in India
(preferably located in New Delhi). However Bank Guarantee from any Nationalized/
Scheduled Commercial Bank in India located in New Delhi would be preferred. The
performance guarantee shall be in favour of “Container Corporation of India Ltd.”,
New Delhi.
The validity period of Performance Guarantee should be in conformity with the
Guarantee/Warranty as per clause 5. of Section III Special Conditions of Contract
and Annexure – 2 .
The validity period of performance guarantee should taken into account the above
mentioned warranty period i.e. 12 months or more from date of recipt/delivery date
at ultimate destinations A chart indicating the projected validity period of
performance guarantee is placed at Annexure-1.
.
9.2
Extension of validity of Performance Bank Guarantee – As and when an
amendment is issued as per Clause 7. Of Section III to the Contract extending the
delivery period, the contractor, shall, within 15 (fifteen) days of receipt of such an
amendment, furnish an amendment to the Performance Bank Guarantee rendering
the same validity for additional corresponding period.
10.
Repeat Order –
Repeat order without calling fresh tender may be placed against previous orders
with in 18 months from the date of issue of purchase order or 12 months from the
date of completion of supply of the original order, which ever is earlier on the same
terms & condition and Price. Any variation in price will not be considered for repeat
order.
18
SECTION-IV
SCOPE OF Supply
S.NO.
01
02
Item Specification
Quantity
Supply of Tube less Tyre , Lugs pattern E4 Tyre, Size
36 Nos.
18 x 25, Ply rating 40, (IND4 Deep tread) for
industrial/port application supported by the certificate
of manufacturer.
Supply of O Ring, suitable for tyre Size 18 x 25, 40PR
41 Nos
for industrial/port application supported by the
certificate of manufacturer
19
SECTION-V
Schedule of Price
S.NO.
1
2
3
4.
5.
6.
7.
9.
10
Item Specification
Supply of Tube less
Tyre , Lugs pattern E4
Tyre, Size 18 x 25, Ply
rating 40, (IND4 Deep
tread) for industrial/port
application supported
by the certificate of
manufacturer.
Supply of O Ring,
suitable for tyre Size 18
x
25,
40PR
for
industrial/port
application supported
by the certificate of
manufacturer
Discount (If any )
Excise Duties
Taxes
Freight/Transportation
upto ICD/Dadri - UP
Other charges
Total [(1+23+4+5+6+7)] in figure.
Total amount in word.
Quantity Unit Price
in nos.
36
41
20
Amount
ANNEXURE-A
STATEMENT OF DEVIATIONS
PROFORMA FOR STATEMENT OF DEVIATIONS FROM TENDER CONDITIONS
The following are the particulars of deviations from the requirements of the tender
documents.
SN
CLAUSE
DEVIATION
REMARKS
(Including
justification)
21
ANNEXURE-1
PERFORMANCE SECURITY FORM
(To be stamped in accordance with the Stamp Act, if any, of the Country of the Issuing Bank)
(Please see Clause-10.0 of Section-II and Clause-9 of Section-III)
To:
M/s Container Corporation of India Ltd.
INLAND CONTAINER DEPOT-DADRI
TILAPATA, GREATER NOIDA,
DISTT: GAUTAMBUDH NAGAR,
UTTAR PRADESH -201311
INDIA.
WHEREAS................................. (Name of Supplier) …………………………………………………………………
hereinafter called "the Supplier" has undertaken, in pursuance of Contract No..........dated........... ... to supply 36
Nos of Tube less Tyre , Lugs patternTyre, Size 18 x 25, Ply rating 40 ,IND4(Deep tread) and 41
nos O Ring 18x25 for industrial/port application for RST (hereinafter called "the Contract").
AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall furnish you with
a Bank Guarantee by a recognised bank for the sum specified therein as security for compliance with the
Supplier's performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Supplier a Guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Supplier, up to a
total of ……………………………..................................... (Amount of the Guarantee in Words and Figures) and we undertake
to pay you, upon your first written demand declaring the Supplier to be in default under the Contract and without cavil or
argument, any sum or sums within the limit of ..................…………………………………………............. (Amount of
Guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum
specified therein.
This guarantee is valid until the ........day of................
Signature
Name
Designation with Bank’s Stamp
Witness :
Date : ………………………….
Address ………………………
………………………
Signature
:
Name
:
Official Address :
Note :
1
2.
The stamp paper of appropriate value shall be purchased in the name of Issuing Bank.
An indicative chart for working out period of validity of Performance Bank Guarantee is enclosed as Annexure-8
22
ANNEXURE – 2
INDICATIVE CHART FOR WORKING OUT PERIOD OF VALIDITY OF PERFORMANCE
BANK GUARANTEE
(Please see Clause-9 of Section-III – Terms & Conditions)
SL:
1
PARTICULARS
D
2
Submission of Performance Bank Guarantee within 30 days of issue of PO
(As per Clause 10.0 of Section-II, General Condition of Contract of Bid
Document)
Commencement of Delivery of Tyres from D to D+ 60
3
6
Guarantee & Warranty period – 12 months from the date of delivery plus
claim period of one month (As per Clause 3.0 & 5.0 of Section-III, Special
Conditions of Bid Document)
DATE
Date of Issue
of PO
D + 30
D+ 60
D + 60 + 360 days =
(D + 420)
NOTE:
1.
The Above period is indicative. In case of variation in issue of PO or delivery schedule, the final guarantee
period may vary accordingly.
2.
The Bank Guarantee should be as per Clause 9.0 of Section-III and Annexure- 1 of Bid Document
23
ANNEXURE-3
(Please see Clause –2.2 of Section-I, General Instructions to Tenderers)
PROFORMA FOR PERFORMANCE STATEMENT
Tender No. …………………… Date of opening ……………. Time ……………. Hours
Name of the Firm …………………………………………………………………………………………………
SL.
No.
Order placed by
(Full address of
Purchaser)
Order No.
and date
Description
and
quantity of
Tyres
Value of
order
Date of
completion of
delivery
As per
contract
Remarks
indicating
reasons
for late
deliveries,
if any
Has the Tyres
satisfactorily
commissioned
and is it giving
trouble free
service?
Actual
(Signature and seal of Manufacturer/Tender)
Note: 1 -Supply order for the last 3 years, should be furnished.
24
ANNEXURE - 4
BANK GUARANTEE FORMAT FOR EARNEST MONEY
(Please refer Clause-3.1.2 of Section-I, Instructions to Tenderers)
(To be stamped in accordance with the Stamp Act, if any, of the Country of the Issuing Bank)
Whereas (Name & address of bidder) (Hereinafter called "the Bidder") has submitted its bid dated (date of bid)
for the supply of 36 Nos Lugs pattern Tyres of size 18x 25 and 41 nos O Ring 18x25 for RST machine(hereinafter
called "the Bid").
KNOW ALL MEN by these presents that WE (Name of Bank) of (address of bank) having our registered office
at (address of registered office of the bank) (hereinafter called the "Bank") are bound unto Container
Corporation of India Ltd., having its office at ICD/dadri, CONTAINER CORPORATION OF INDIA
LIMIED,INLAND CONTAINER DEPOT-DADRI TILAPATA, GREATER NOIDA, DISTT:
GAUTAMBUDH NAGAR, UTTAR PRADESH -201311(hereinafter called "the Purchaser") in the
sum of (amount of guarantee) for which payment well and truly to be made to the said Purchaser, the Bank
binds itself, its successors and assigns by these presents. Sealed with the Common Seal of the said Bank this
.......... day of ……………..
(b)
THE CONDITIONS of this obligation are:
1.
If the Bidder withdraws or modifies its Bid during the period of bid validity specified by the Bidder on the Bid
Form; or
2.
If the Bidder, having been notified of the acceptance of its bid by the Purchaser during the period of bid validity:
(a)
fails or refuses to execute the Contract Form if required; or
fails or refuses to furnish the Performance Security, in accordance with Clause-10.0 of the General Condition of Contract
and Clause 09.0 of Section-III, Terms & Conditions; we undertake to pay the Purchaser up to the above amount upon
receipt of its first written demand, without the Purchaser having to substantiate its demand, provided that in its demand the
Purchaser will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two conditions,
specifying the occurred condition or conditions.
This guarantee will remain in force up to and including thirty days after the period of the bid validity, and any
demand in respect thereof should reach the Bank not later than the above date.
SPACE FOR
BANK SEAL
.........................………………………….………………......…..
(Signature of the authorized official / s of issuing Bank with
Name and Designation)
Note :
1. The non-judicial stamp paper of appropriate value shall be purchased in the name of Bank, which has issued the
Bank Guarantee.
2. A Bank Guarantee verification checklist is also enclosed as Annexure-4.1 for the guidance of the bidder. Bidder is
required to fill up this form and enclose alongwith the bank guarantee.
25
ANNEXURE - 4.1
BANK GUARANTEE VERIFICATOIN CHECKLIST
SL:
I
CHECKLIST
YES
Does the bank guarantee compare verbatim with standard CONCOR
Proforma for BG
a)
Has the executing Officer of BG indicated his name, designation
& power of Attorney No./signing power number etc. on BG.
b)
Is each page of BG duly signed/initialed by the executants, and
last page is signed will full particulars as required in the
CONCOR’s standard proforma of BG and under the seal of the
Bank
c)
Does the last page of the BG carry the signatures of two
witnesses alongside the signatures of the executing Bank
Manager
a)
Is the BG on non-judicial stamp paper of appropriate value
b)
Is the date of sale of non-judicial stamp paper shown on the BG
and the stamp paper is issued not more than six months prior to
the date of execution of BG
a)
Are the factual details such as Bid Document No., Etc is
mentioned
b)
Whether overwriting/cutting if any on the BG authenticated under
signature & seal of executant.
Is the amount and validity of BG in line with provisions of bidding
document/contract.
a)
Is the Bank Guarantee issued from a Bank’s branch located
outside India ?
b)
Has the Bank Guarantee been routed through the correspondent
branch in India for due verification of the signature(s) of the
executant(s)?
(Applicable only if the answer to VI (a) is ‘YES’)
Whether the BG has been issued/confirmed by a Bank as per relevant
provisions of the bidding documents.
II
III.
IV
V.
VI.
VII.
Date
Place
:
:
NO
(Signature) ………………………
(Printed Name) ………………….
(Designation) …………………….
(Common Seal) ……………………
Note: Bidder/Contractor/Associate/Collaborator is required to fill up this form and enclose along with the Bank
Guarantee.
26
ANNEXURE - 5
BID FORM
(Please see Clause 12 .1.3.4 of General Condition of Contract, Section-II)
To:
M/s Container Corporation of India Ltd.
INLAND CONTAINER DEPOT-DADRI
TILAPATA, GREATER NOIDA,
DISTT: GAUTAMBUDH NAGAR,
UTTAR PRADESH -201311
INDIA.
Dear Sirs,
After examining/reviewing the bid documents for supply of 36 Nos Tube less Tyre , Lugs pattern
Tyre, Size 18 x 25, Ply rating 40 ,IND4 (Deep tread) and 41 nos O ring 18x25 for
industrial/port application for RST machine including Instruction to Tenderers , Section – 1, General Condition
to Tenderers (Section-II), Special Condition Of Contracts (Section-III), Scope of work (Section-IV) and Schedule of Price,
Section –V and others associated annexure, the receipt of which is hereby duly acknowledged.
We confirm that this bid is valid for a period of 120 days from the date of opening of bid and it shall remain
binding upon us and may be accepted by any time before the expiration of that period.
If our bid is accepted, we will provide the Performance Guarantee equal to 5% (Five percent) of the contract
price (Purchase order Value) for due performance within 30 (thirty) days of Purchase Order(PO).
Until a final contract is prepared and executed, the bid together with your written acceptance thereof in your
Purchase Order shall constitute a binding contract between us.
We understand that you are not bound to accept the lowest price or any bid that you may receive.
SEAL AND SIGNATURE
DATE : …………………..
Duly authorised to sign bid for and on behalf of ……………………
(SIGNATURE OF WITNESS)
WITNESS NAME
:
ADDRESS
:
27
CHECK LIST
(Please see Clauses of “Instructions to Tenderers”)
IMPORTANT NOTICE
(1) The Bidders are requested to duly fill in the checklist. The checklist gives only certain important
items to facilitate the bidder to make sure that necessary data, information as called for in the
bid document has been submitted by them along with their offer. This however does not relieve
the bidder of his responsibilities to make sure that his offer is otherwise complete in all
respects. An incomplete offer is liable to be rejected.
(2) Bidders are also required to submit copy of the checklist, duly marked, along with their offer.
SN
ITEM
CHECK
1.
Have you acquainted yourself of all the local conditions and factors?
Yes / No
2.
Have you submitted a complete offer?
Yes / No
3.
Have you deposited the prescribed EMD in the manner specified at
Clause-3 Section-I of “Instructions to the Tenderers”.
Submitted/Not Submitted
4.
Schedule of price in prescribed Performa of Section-V of Bid
Documents.
Submitted/Not Submitted
5.
Letter of Authority of the Signatory under clause 4.4 section-I
Submitted/Not Submitted
The authorised person signs with their seal each page of the tender
offer and the Bid document. Individual signing the Tender Form / Bid
Document must comply with Clause-4.7 , section-I of the Instructions
to the Tenderers
YES/NO
Statement of Deviations from Tender Conditions as per special terms
and condition and instructions to the bidder of Bid Documents as
Annexure-A.
Submitted/Not Submitted
8.
Have you submitted other supporting documents which are essentially
required for technical evaluation of the bids in terms of the
“Instructions to Tenders”, Section -I
Submitted/Not Submitted
9.
Have your given your postal address of Section-II, “Instructions to
Tenders”
Yes / No
10..
Have you prepared the bid as per Section-I “Instructions to Tenders”?
Yes / No
11
Have you complied of Section-I “Instructions to Tenders” ?
Yes / No
12
Any other document asked by CONCOR as per the tender
Submitted/Not Submitted
6.
7.
If submitted,
documents
13
Any other document which the tenderer considers relevant
the
Submitted/Not Submitted
If submitted,
documents
28
specify
specify
the