government of andhra pradesh - adarana (vi) - 082018.pdfthe andhra pradesh backward classes...

Andhra Pradesh Backward Classes Cooperative Financial Corporation 1

RFP for Selection of Suppliers to supply tools under ADARANA Scheme

Government of Andhra Pradesh

Request for Proposals (RFP)

Andhra Pradesh Backward Classes Co-operative Finance Corporation Limited (APBCCFC Ltd.)

Name of the RFP: RFP for Selection of suppliers to supply tools under ADARANA Scheme

RFP Number: ADARANA (vi)- 08/2018

Type of contract with selected Supplier Rate Contract

Project Authority: The Vice Chairman & Managing Director, APBCCFC Ltd., Govt. of Andhra Pradesh

Date of issuance: 25/08/2018

Occupations covered under this RFP Weaving and Earth works



Procurement Notice Andhra Pradesh Backward Classes Cooperative Financial Corporation

O/o VC&MD, APBCCFC

Government of Andhra Pradesh

Name of Project: “Selection of suppliers to supply tools under ADARANA Scheme”

Request for Proposals (RFP)

1. Andhra Pradesh Backward Classes Cooperative Financial Corporation (APBCCFC) invites Request for Proposals

(RFP) for “Selection of suppliers to supply tools under ADARANA Scheme”.

2. The selected Suppliers will enter into a Rate contract with APBCCFC to supply tools to the eligible beneficiaries

belonging to backward classes under ADARANA Scheme.

3. The complete set of bid documents is available online on the below mentioned websites from 25-Aug-2018 at

2.00 PM. IST onwards.

(i) http://www.aponline.gov.in/ - APOnline

(ii) http://ap.meeseva.gov.in/ - MeeSeva website

(iii) http://www.ap.gov.in/ - AP State portal

4. All the Interested and eligible Manufacturers / Authorized Dealers / Sole Marketers are requested to refer to

GO.Ms. No 1, BC Welfare Department, dated 10/03/2018 and G.O.Ms 9 Backward Classes Welfare

Department dated 19/06/2018 Govt. of Andhra Pradesh before submitting the RFPs along with the required

details.

5. APBCCFC reserves all rights to accept or reject all or any of the proposals at any stage without assigning any

reason thereof.

6. The bid documents shall be submitted in a single sealed envelope mentioning their names, addresses and RFP

reference on the envelope. Bidders are required to submit bid security for an amount as mentioned in the Bid

Data Sheet of this RFP.

7. The pre-bid meeting and last date for submission is as per the schedule mentioned in the Bid Data Sheet of this

RFP. It is the bidders’ responsibility to verify the website for the latest information related to the tender.



Contents DISCLAIMER ................................................................................................................................................ 4 Background ................................................................................................................................................ 6

1. PART 1 – Bidding Procedures ............................................................................................................... 7

1.1. Section I - Instructions to Bidders (ITB) .............................................................................................. 7 1.2. Section II - Bid Data Sheet (BDS) ....................................................................................................... 15 1.3. Section III - Eligibility Criteria ............................................................................................................ 18

2. PART 2 – SUPPLY REQUIREMENTS ..................................................................................................... 20

2.1. Section IV - Schedule of Requirements ............................................................................................ 20 2.1.1. Supplier Responsibilities ........................................................................................................ 20 2.1.2. Responsibilities of the Government/APBCCFC ...................................................................... 23 2.2. Payment Terms ................................................................................................................................. 23 2.3. Service Level Agreement (SLA) ......................................................................................................... 23 2.4. Penalties ............................................................................................................................................ 24 2.5. Technical Specifications .................................................................................................................... 25 2.5.1. List of Tools - Weaving ........................................................................................................... 25 2.5.2. List of Tools – Earth Works ..................................................................................................... 30 2.6. Jurisdiction: ....................................................................................................................................... 31 2.7. Section V - Bidding Forms ................................................................................................................. 32

3. PART 3 - Rate Contract ....................................................................................................................... 48

3.1. Section VI - Format of the Rate Contract Agreement and Terms & Conditions .............................. 48 Rate Contract and Terms & Conditions ................................................................................................... 48 Copy of Letter of Award ........................................................................................................................... 51 Terms and Conditions .............................................................................................................................. 52 Annexure 1 ............................................................................................................................................... 68 Attested Bid document, Bid Forms, Schedules (including Addendum 2 Final Price Schedules) ............ 68 Annexure 2 ............................................................................................................................................... 69 Details of Tools including Warranty / Post Warranty support and Delivery Schedule ........................... 69 3.2. Section VII - Contract Forms ............................................................................................................ lxxi 3.3. Section VIII – Details of District wise Executive Directors ............................................................. lxxiii 3.4. Section IX – Final Delivery Locations of the Tools ......................................................................... lxxiv



DISCLAIMER

The information contained in this Request for Proposal document (“RFP”) or subsequently provided to

Applicants, whether verbally or in documentary or any other form by or on behalf of the APBCCFC or any of

their employees or advisers, is provided to Applicants on the terms and conditions set out in this RFP and

such other terms and conditions subject to which such information is provided.

This RFP is not an agreement and is neither an offer nor invitation by the APBCCFC to the prospective

Applicants or any other person. The purpose of this RFP is to provide interested parties with information

that may be useful to them in the formulation of their Proposals pursuant to this RFP. The assumptions,

assessments, statements and information contained in this RFP, may not be complete, accurate, adequate

or correct. Each Applicant should, therefore, conduct its own investigations and analysis and should check

the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments and

information contained in this RFP and obtain independent advice from appropriate sources.

The APBCCFC also accepts no liability of any nature whether resulting from negligence or otherwise

however caused arising from reliance of any Applicant upon the statements contained in this RFP. The

APBCCFC may in its absolute discretion, but without being under any obligation to do so, update, amend or

supplement the information, assessment or assumption contained in this RFP.

The issue of this RFP does not imply that the APBCCFC is bound to select an Applicant or to appoint the

Selected Applicant, as the case may be, for the APBCCFC reserves the right to reject all or any of the

Proposals without assigning any reasons whatsoever.

The Applicant shall bear all its costs associated with or relating to the preparation and submission of its

Proposal including but not limited to preparation, copying, postage, delivery fees, expenses associated with

any demonstrations or presentations which may be required by the APBCCFC or any other costs incurred in

connection with or relating to its Proposal. All such costs and expenses will remain with the Applicant and

the APBCCFC shall not be liable in any manner whatsoever for the same or for any other costs or other

expenses incurred by an Applicant in preparation or submission of the Proposal, regardless of the conduct

or outcome of the Selection Process.



Background

About ADARANA scheme:

The Andhra Pradesh Backward Classes Co-operative Finance Corporation (APBCCFC) is engaged in

implementing welfare programs and development schemes to empower the backward classes in the state

by improving their productivity and help create additional income for them. As part of this endeavour, the

Government of Andhra Pradesh has decided to re-launch the ADARANA Scheme, a flagship scheme for the

backward classes. The scheme aims to provide modernized tools to artisans belonging to backward classes

and thus contribute to increased income levels. The total budget allocated under the ADARANA scheme is

Rs. 750 Cr. Details of ADARANA scheme have been issued through G.O.Ms. 1 Backward Classes Welfare

Department dated 10/03/2018 and G.O.Ms 9 Backward Classes Welfare Department dated 19/06/2018

The VC & MD, APBCCFC invites Suppliers to submit their proposals for supplying tools against this RFP.

Interested Suppliers should provide information as detailed in various sections of this document to

demonstrate their eligibility.

This RFP contains the following Parts and Sections. The information pertaining to each Part and Section are

given below. The details related to each of the section are mentioned in the subsequent pages.

PART 1 BIDDING PROCEDURES

Section I Instructions to Bidders (ITB)

This Section provides information to help Bidders prepare their Bids. It is based on a single envelope bidding process. It contains details on the submission, opening, and evaluation of Bids received during the procurement process.

Section II Bid Data Sheet (BDS)

This section includes specific information pertaining to this RFP including timelines and purchaser information.

Section III Eligibility criteria

This Section specifies the criteria for eligible bidders who will be invited to enter into a rate contract with the purchaser.

PART 2 SUPPLY REQUIREMENTS

Section IV Schedule of Requirements

This section includes the list of tools and related services and delivery schedules for the

tools to be procured.

Section V Bidding Forms

This section includes the forms that need to be submitted by the bidder as part of its Bid.

PART 3 Supplier Contract

Section VI This section contains rate contract to be entered between APBCCF and the selected bidder.

Section VII Contract Forms

This section includes the forms that need to be submitted by the selected bidder to

APBCCFC

Section VIII This section provides the district wise Executive Director details under APBCCFC

Section IX This section provides the State wide delivery locations where the tools have to be delivered



1. PART 1 – Bidding Procedures

1.1. Section I - Instructions to Bidders (ITB)

This section provides information to help bidders prepare their bids. It is based on a single envelope bidding process. It contains details on the submission, opening, and evaluation of bids received during the procurement process. The Bidder is expected to examine all instructions, forms, terms, and specifications before submitting their bid against this RFP. This RFP will override all the previous communications, Bid documents, if any issued by APBCCFC towards procurement of tools under ADARANA scheme.

A. General

1. Scope of Bid

1.1 This RFP is intended to invite suppliers towards supply of tools for the

occupation mentioned below as per the ADARANA scheme.

1.1.1 Weaving

1.1.2 Earth Works

1.2 Throughout this Bidding document:

(a) “Procuring Agency” means Andhra Pradesh Backward Classes Co-

operative Finance Corporation Ltd (APBCCFC Ltd)

(b) “Purchaser” refers to procuring agency

(c) “in writing” means communicated in written form (e.g. by mail, e-mail,

fax, documentary form published on website used by the Procuring

Agency)

(d) “Day” means calendar day, unless otherwise specified as “Business Day”.

A Business Day is any day that is an official working day of the

purchasing agency

(e) “Delivery Schedule” is the specified period from the date of receipt of

the order from the appropriate authority for the delivery of the Tools, as

per the applicable Incoterms.

(f) “Rate Contract” means the agreement entered into between the

Procuring Agency and Supplier (s) (the successful Bidder(s)) governed by

the terms, conditions & procedures as mentioned at Section VI of this

RFP;

(g) “Supplier” means a successful Bidder entered into Rate contract to

deliver the tools and related services as per the requirements of this

RFP. A Supplier is referred to as a “Manufacturer” or “Authorized Dealer

or Sole Marketer” as applicable in the context of this RFP.

(h) “Tools” means the tools to be supplied by the selected bidder for

occupations covered under ADARANA scheme post entering into Rate

contract. Details of such Tools are set out in Part 2, Supply



Requirements of this document;

(i) “Beneficiary” means the person eligible under ADARANA Scheme.

(j) “Procurement” means the process that results in concluding a Supplier

Agreement(s) with a successful Bidder(s), as described in this RFP;

(k) “Related Services” if applicable, means the services incidental to the

supply of the Tools, such as insurance, assembly, installation, training,

warranty and post warranty service, and such other obligations of the

Supplier

(l) “Term” mean the duration of a Supplier Agreement starting on the

Commencement Date. Where applicable, it includes any extension(s) to

the initial Term, if permitted and agreed.

(m) “Grounding” means two (2) days after the beneficiary has received the

tool or fifteen (15) days after the supply of the tools to the designated

delivery location, whichever is earlier.

(n) “Occupation” means Occupations covered under ADARANA scheme

(o) “Scheme” means “ADARANA scheme of Government of Andhra

Pradesh”.

2. Eligible Bidders 2.1 Should satisfy eligibility criteria as defined in section III “Eligibility criteria” of

this document

3. Conflict of Interest

3.1 A Bidder shall not have a conflict of interest. Any Bidder found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest for the purpose of this Bidding process, if the Bidder: (a) directly or indirectly controls, is controlled by or is under common

control with another Bidder; or

(b) receives or has received any direct or indirect subsidy from another

Bidder; or

(c) has a relationship with another Bidder, directly or through common

third parties, that puts it in a position to influence the Bid of another

Bidder, or influence the decisions of the Procuring Agency regarding this

Procurement process;

(d) or any of its affiliates participated as a consultant in the preparation of

the design or technical specifications of the Tools, or Related Services,

that are the subject of the Bid;

(e) Or any of its affiliates has been hired (or is proposed to be hired) by the

Procuring Agency in implementing supplier agreement.

(f) Has a close business or family relationship with a professional staff of

the purchaser who will be involved in the preparation or evaluation of



this bid or preparation, supervision and implementation of the rate

contract.

B. Contents of the RFP Document

4. Sections of Bidding Document

4.1 The Bidding document consists of Parts 1, 2, and 3, which include all sections, schedules, annexures, and should be read in conjunction with any addenda issued subsequently.

PART 1 - Bidding Procedures

Section I - Instructions to Bidders (ITB)

Section II - Bid Data Sheet (BDS)

Section III – Eligibility Criteria

PART 2 - Supply Requirements

Section IV - Schedule of Requirements

Section V - Bidding Forms

PART 3 – Supplier Contract

Section VI –Format of the Rate Contract and Terms & Conditions

Section VII – Contract Forms

Section VIII – Details of District wise Executive Director

Section IX – Final Delivery Locations of the Tools

5. Clarification of Bidding Document

5.1 A Bidder requiring any clarification of the Bidding document shall contact the Procuring Agency in writing at the Procuring Agency’s address specified in the BDS in the following section.

5.2 The Procuring Agency will respond within writing to any request for clarification, provided that such request is received prior to the deadline for submission of Bids within a period specified in the BDS. The Procuring Agency shall forward copies of its response to all Bidders.

5.3 The Procuring Agency is not responsible for the completeness of the

document, responses to requests for clarification, the Minutes of the pre-Bid

meeting (if any), or addenda to the Bidding document unless the bidders

obtain them directly from the Procuring Agency.

6. Amendment of Bidding Document

6.1 At any time prior to deadline for submission of Bids, the Procuring Agency may amend the Bidding document by issuing addendum / corrigendum etc.

6.2 Any Addendum / Corrigendum issued shall form part of the Bidding document

and shall be communicated / published by the Procuring Agency.

C. Preparation of Bids

7. Cost of Bidding

7.1 The Bidder shall bear all costs associated with the preparation and submission



of its Bid and the Procuring Agency shall not be responsible for the same.

8. Language of Bid

8.1 The language of the bid shall be English. Supporting documents and printed

literature that are part of the bid shall also be in English.

9. Documents Comprising the Bid

9.1 All the forms shall be prepared and furnished as per this RFP. The forms must

be completed without any alterations to the text, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested.

9.2 The original and all copies of the Bid shall be typed and shall be signed by a person duly authorized to sign on behalf of the Bidder. This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the Bid. The name and position held by each person signing the authorization must be typed or printed below the signature. All pages of the Bid where entries or amendments have been made shall be signed or initialed by the person signing the Bid.

9.3 The Bid submitted by the Bidder shall comprise the following documents:

(a) The Bid (in the format as specified); (b) Bid Security in the form of Bank Guarantee from the Bidder for Rs.5,00,000/- ( Rupees Five Lakh Only); (c) Technical Conformity Documents of The Tools; and (d) Any other material or form or supporting document required to be submitted by bidders as per Bidding forms, as specified in the BDS.

10. Currencies of Bid and Payment

10.1 The bid shall be in Indian Rupees (INR) only.

11. Documents Establishing the Eligibility and Conformity of Tools

11.1 To establish the conformity of the Tools and Related Services to the Bidding document, the Bidder shall furnish as part of its Bid the documentary evidence that the Tools conform to the technical specifications and standards specified in Section IV, Schedule of Requirements.

11.2 The documentary evidence may be in the form of a certificate issued by any Indian government agency or Indian government accredited agencies or any International agency which is accepted as per Indian standards.

12. Period of Validity of Bids

12.1 Bids shall remain valid for the Bid Validity period specified in the BDS. The Bid Validity period starts from the date fixed for the Bid submission deadline. A Bid valid for a shorter period shall be rejected by the Procuring Agency as nonresponsive.

12.2 In exceptional circumstances, prior to the expiration of the Bid validity period,

the Procuring Agency may request Bidders to extend the period of validity of

their Bids. The request and the responses shall be made in writing.

D. Submission and Opening of Bids

13. Sealing and Marking of Bids

13.1 The Bidder shall deliver the Bid in a single, sealed envelope (single-envelope



Bidding process).

13.2 The envelope, shall:

(a) bear the name and address of the Bidder;

(b) be addressed to the Purchaser as mentioned in BDS

(c) bear the specific identification of this Bidding process such as name of the RFP, RFP number.

13.3 If the envelope is not sealed and marked as required, the Procuring Agency will

assume no responsibility for the misplacement or premature opening of the

Bid.

14. Deadline for Submission of Bids

14.1 Bids must be received by the Procuring Agency at the address and no later

than the date and time specified in the BDS.

14.2 The Procuring Agency may, at its discretion, extend the deadline for the

submission of Bids by amending the Bidding document in which case all rights

and obligations of the Procuring Agency and Bidders previously subject to the

deadline shall thereafter be subject to the deadline as extended including the

Bid validity.

15. Late Bids

15.1 The Procuring Agency shall not consider any Bid that arrives after the deadline

for submission of Bids. Any Bid received by the Procuring Agency after the

deadline for submission of Bids shall be declared late and will be rejected,

without assigning any reasons.

16. Withdrawal, Substitution, and Modification of Bids

16.1 No Bid may be withdrawn, substituted, or modified in the interval between the

deadline for submission of Bids and the expiration of the period of Bid validity

specified by the Bidder on the Covering Letter or any extension thereof.

17. Bid Opening

17.1 Except otherwise mentioned specifically, the Procuring Agency shall, at the Bid

opening, open all Bids received before the deadline at the date, time and place

specified in the BDS in the presence of Bidders’ designated representatives

and anyone who chooses to attend.

17.2 The Procuring Agency shall neither discuss the merits of any Bid nor reject any

Bid on the bid opening date.

17.3 The Procuring Agency shall record the Minutes of the Bid opening process.

E. Evaluation of Bids

18. Bid Prices and Discounts

18.1 Prices shall be quoted as specified in each Price Schedule included in Bidding

Forms.

18.2 The bids that do not conform the price schedule will be summarily rejected.

18.3 The price of the Tools quoted EXW (ex-works, ex-factory, ex warehouse, ex



showroom, or off-the-shelf, as applicable), should include GST and all duties

and taxes applicable, inland transportation costs, insurance, and other Related

services required to convey, assemble and/or install the Tools to their final

destination specified in the BDS.

19. Confidentiality

19.1 Information relating to the evaluation of Bids and recommendation to

conclude a Supplier Agreement(s), shall not be disclosed to Bidders or any

other persons not officially concerned with the Bidding process until the

communication of Intention to conclude the Supplier Agreement is informed

to the shortlisted Bidders.

19.2 Any effort by a Bidder to influence or induce the Procuring Agency in any

manner in the evaluation or in the decision making process to conclude a

Supplier Agreement(s) may result in summary rejection of its Bid.

19.3 From the time of Bid opening to the time of the Supplier Agreement being

concluded, if any Bidder wishes to contact the Procuring Agency on any matter

related to the Bidding process, it should do so in writing.

20. Clarification of Bids

20.1 To assist in the examination, evaluation, comparison of Bids, and qualification

of Bidders, the Procuring Agency may, at its discretion, ask any Bidder for a

clarification of its Bid. Any clarification submitted by a Bidder in respect to its

Bid and that is not in response to a request by the Procuring Agency shall not

be considered. The Procuring Agency’s request for clarification and the

response shall be in writing. No change, including any voluntary increase or

decrease, in the prices or substance of the Bid shall be sought, offered, or

permitted, except to confirm the correction of arithmetic errors discovered by

the Procuring Agency in the Evaluation of the Bids.

20.2 If a Bidder does not provide clarifications of its Bid by the date and time set in

the Procuring Agency’s request for clarification, its Bid may be rejected.

21. Deviations, Reservations, and Omissions

21.1 During the evaluation of Bids, the following definitions apply:

(a) “Deviation” is a departure from the requirements specified in the Bidding

document;

(b) “Reservation” is the setting of limiting conditions or withholding from

complete acceptance of the requirements specified in the Bidding

document; and

(c) “Omission” is the failure to submit part or all of the information or

documentation required in the Bidding document.

22. Determination of Responsiveness

22.1 The Procuring Agency’s determination of a Bid’s responsiveness is to be based

on the contents of the Bid itself.

22.2 A substantially responsive Bid is one that meets the requirements of the

Bidding document without material deviation, reservation, or omission.

22.3 If a Bid is not substantially responsive to the requirements of bidding



document, it shall be rejected by the Procuring Agency and may not

subsequently be made responsive by correction of the material deviation,

reservation, or omission.

23. Correction of Arithmetical Errors

23.1 Provided that the Bid is substantially responsive, the Procuring Agency shall

correct arithmetical errors on the following basis:

(a) If there is a discrepancy between words and figures, the amount in

words shall prevail, unless the amount expressed in words is related to

an arithmetic error, in which case the amount in figures shall prevail.

23.2 Bidders shall be requested to accept correction of arithmetical errors. Failure

to accept the correction shall result in the rejection of the Bid.

24. Evaluation of Bids

24.1 The Procuring Agency shall use the criteria listed in Section III, Eligibility

Criteria in deciding to conclude a Supplier Agreement(s). No other evaluation

criteria or methodologies shall be permitted.

24.2 APBCCFC shall have the right to negotiate prices of each individual tools

quoted by the bidder in the Price schedule. The bidder shall be requested to

resubmit the negotiated prices while ensuring full compliance to the RFP.

25. Qualification of the Bidder(s)

25.1 Before concluding a supplier Agreement(s), the Procuring Agency shall

determine, to its satisfaction, whether the eligible Bidder(s) with substantially

responsive Bid(s) that are able to meet the Supplier Agreement criteria,

meet(s) the eligibility Criteria. As mentioned in Section III

25.2 The determination shall be based upon an examination of the documentary

evidence submitted by the Bidder’s. The determination shall not take into

consideration the qualifications of other firms such as the Bidder’s

subsidiaries, parent entities, affiliates etc. different from the Bidder.

25.3 An affirmative determination shall be a prerequisite for the conclusion of the

Supplier Agreement (s) to the Bidder. A negative determination shall result in

disqualification of the Bid.

26. Procuring Agency’s Right to Accept Any Bid, and to Reject Any or All Bids

26.1 The Procuring Agency reserves the right to accept or reject any Bid, and to

annul the Bidding process and reject all Bids at any time prior to the conclusion

of a supplier Agreement(s), without thereby incurring any liability to Bidders

and without assigning any reason.

27. Notification of Intention to Conclude a Supplier Agreement

27.1 The Procuring Agency shall notify each successful Bidder towards entering into

a Supplier Agreement.

F. Conclusion of a Supplier Agreement

28. No Obligation to Purchase

28.1 There shall not be any obligation on the Procuring Agency and/or Purchaser(s)

to purchase any Tools under the Supplier Agreement.



29. Non-exclusivity

29.1 This Primary Procurement process is non-exclusive, and the Procuring Agency

reserves the right to procure specific tools from any other suppliers as deemed

fit.

30. Signing the Supplier Agreement

30.1 The successful bidder shall sign, date and return the Supplier Agreement

within seven (7) days of receipt of the same.

31. Bank loan

31.1 The Supplier Agreement signed between the Procuring agency and the

Supplier shall not be used by the Supplier(s) in obtaining any Bank loans.

APBCCFC shall not be liable to any payments to any financial institutions on

behalf of the supplier in case the supplier chooses to violate this clause.

32. Procurement Related Complaint

32.1 The procedures for making a Procurement-related Complaint are as specified

in the BDS.



1.2. Section II - Bid Data Sheet (BDS)

The following specific data for the Tools to be procured shall complement, supplement, and/or amend the

provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall

prevail over those in ITB.

RFP Name The name of the RFP is: Selection of suppliers to supply of tools under

ADARANA Scheme

Occupations covered as per

ADARANA Scheme in this RFP

Weaving

Earthworks

RFP Reference The reference number of the Request for Proposals (RFP) is :

ADARANA (vi)- 08/2018

Purchaser The Purchaser is: Andhra Pradesh Backward Classes Cooperative Financial

Corporation Ltd. (APBCCFC Ltd)

Date and time of RFP issuance Date: 25th August 2018

Time: from 2:00 PM onwards

Bid Available in websites http://www.aponline.gov.in/ http://ap.meeseva.gov.in/ http://www.ap.gov.in/

Pre-Bid Clarifications For Clarification of Bid purposes only, the Purchaser’s address is:

Attention: Joint Director, APBCCFC Ltd

Address: 4th Floor, Vishal Residency, Near VR Siddhartha College, Kanuru,

Tadigadapa, Vijayawada, 521137, India

Telephone: +91-866-2586596

email address: [email protected]

Date and Time of Pre-bid

meeting

the Pre-bid meeting will be held at: APBCCFC Ltd office



Date: 28th August 2018

Time: 4:30 PM

Last Date for Bid Submission For Bid submission purposes only, the Purchaser’s address is:

http://www.aponline.gov.in/

http://ap.meeseva.gov.in/

mailto:[email protected]



Attention: Vice Chairman & Managing Director, Andhra Pradesh

Backward Classes Cooperative Financial Corporation Ltd.



email address: [email protected]

The deadline for Bid submission is:

Date: 3rd September, 2018

Time: 5:00 p.m.

Language The language of the Bid is: “English”

All correspondence exchange shall be in “English” language.

Price Adjustment The prices quoted by the Bidder “shall not be “subject to adjustment

during the performance of the supplier agreement.

Final Destination for Delivery of

tools

Bidder shall supply tools to the storage point identified Head Quarters of Assembly Constituency in each Assembly Constituency in the State of Andhra Pradesh.

The final destination for delivery of tools is provided in Section IX of this RFP.

The contact points of the MPDOs / Municipal Commissioners as well as the storage points will be communicated with successful bidders.

Order Placement & Payment

Authority

The Order shall be placed by Executive Director, Dist. Backward Classes Service Coop. Society of each District. The details are provided in Section VIII of this RFP.

Payment Shall be processed by the Executive Director, Dist. Backward Classes Service Coop. Society of each District. as per the Payment terms defined in this RFP

The overall order placement and payment process shall be governed by the Rate contract of this RFP.

Bid Currency The Bidder is required to quote the Prices in Indian Rupees (INR) only.

Manufacturer’s Authorization Manufacturer’s authorization is ”Mandatory”

Joint Venture or Consortium or

Joint Bids

“Not Allowed”

Warranty and after Sales Service

“Required”



Bid Validity The Bid validity period shall be 180 days.

Bid Fee The Bid Fee is INR 5000 (DD in the name of VC&MD, APBCCFC Ltd payable at Vijayawada)

The Bid Fee is non-refundable

Bid Security or EMD &

performance security

A Bid Security “shall be” required.

The Bank guarantee can be either a DD in the name of VC & MD,

APBCCFC Ltd payable at Vijayawada, Andhra Pradesh or in the

form of a Bank guarantee. Please refer to the format at Section V –

Bidding forms

The amount and currency of the Bid Security shall be INR 5,00,000.

(Rupees Five Lakh only)

Note: The Bid Security or EMD will be collected as per the ‘Bid

Security form in bidding forms. When the bidders enter the supplier

agreement with the purchaser, a separate Performance Security

will be collected by the APBCCFC Ltd at the time of order placement

which will be 5% of the order value, for each order separately.

Bank Guarantee from a scheduled Bank in India will be the only

form of acceptable security.

The Bid Security or EMD of the successful bidders will be returned

once the Performance security is submitted to the purchaser.

The Bid Security of all the bidders whose bids are not substantially

responsive to the requirements of Bidding document will also be

returned, post signing the supplier agreement with successful

bidder.

In case, there is no order placed for any tools of the selected

bidder/supplier, then the EMD of the bidder will be returned, post

completion of the selection process of the beneficiaries under the

ADARANA scheme.

Bid Opening The Bid opening shall take place at:

Address: APBCCFC Ltd, 4th Floor, Vishal Residency, Near VR Siddhartha

College, Kanuru, Tadigadapa, Vijayawada, 521137, India

The date of the Bid opening will be informed to the Bidders



1.3. Section III - Eligibility Criteria

# Qualification Criteria Bidder Compliance Requirements

Supporting Documents

1

Should be a Legal entity (Company,

Partnership firm, Society or a One person

company, Sole proprietorship)

Company registered under the Companies

Act 1956 and should be operating in India for

the past five years.

Should be a Partnership firm registered under

the Partnership Act

Should be a Society registered under Society

Registration Act

The company / Partnership firm / Society or

One person company should be operating in

India for the past five years.

The Firm should have been in the business of

providing services for not less than 18 months

in India.

Must Meet 1. Copy of Certificate of registration of the bidder’s Company/ Certificate of Incorporation from Registrar of Companies (ROC), Ministry of Company Affairs, Govt. of India;

2. Board Resolution duly certified authorizing the

person signing the Bid and Bid documents on behalf of the Company.

3. Deed of Partnership, Copy of the Registration of

the Firm with Registrar of Firms;

4. Registration Certificate of the Society under

Society Registration Act along with its Articles & Bye Laws;

5. Resolution authorizing the designated

partner/ Secretary of Society to sign Bid documents;

6. Memorandum of Association

2 Must be a manufacturer/Authorized

dealer/sole marketer

The manufacturer shall have the

manufacturing facility in India

Must Meet For Manufacturers

— Copy of Udyog Aadhaar Memorandum (UAM) Or Copy of Entrepreneur Memorandum-II (EM)

— Copy of Factory License

For Authorized Dealers / Sole Marketer

— Copy of the License under Shop and Commercial Establishment Act.

— Copy of Trade License

3 The Net Worth of the Bidder must be

positive as on 25/08/2018.

Must meet A certificate from the Chartered Accountant clearly

stating the Net Worth as on 25/08/2018 as per the

format provided in Section V – Bidding Forms

3 The bidder should have turnover of at least

INR 50 Lakhs in each of the last 3 audited

financial years as on 31/03/2018

Must meet Certificate from Chartered Accountant as per the

format provided in Section V – Bidding Forms

4 The bidder should have a valid ISO 9000:2001

or later Certification as on the date of

Must meet Copies of the valid, current

Certificates from authorized agencies.



# Qualification Criteria Bidder Compliance Requirements

Supporting Documents

submission of the Bid.

Certification under process will not be

considered

5 The bidder should submit valid documentary

proof GSTIN number

Must meet Copy of GSTIN

Copy of PAN



2. PART 2 – SUPPLY REQUIREMENTS

2.1. Section IV - Schedule of Requirements

This Section includes the List of Tools and Related Services, the Delivery and Completion Schedules, the

Technical Specifications of the Tools and Related Services to be procured under the rate contract system.

2.1.1. Supplier Responsibilities

The Suppliers who enters into a Supplier Agreement with APBCCFC shall perform the following

responsibilities:

1. Supplier Registration

a. The Suppliers are required to register themselves on the ADARANA online portal being

designed by the APBCCFC. b. The Supplier will need to provide details such as Name of the Firm, Occupation supported

under ADARANA scheme, Tool Name, Copy of GST, photo and description of each tool to be supplied under ADARANA scheme, Manufacturer’s authorization in case of an authorized dealer etc.

c. Each such supplier registered, shall be given user credentials to access ADARANA portal d. The details of the tools provided by each Supplier will be displayed on the ADARANA portal

to facilitate the beneficiaries in selection the tools of their choice. e. Post submission of the tool details as mentioned in point (d), only then the supplier will be

allowed to supply the tools required.

Note: Order placement by the Government/APBCCFC f. The APBCCFC will place the orders to the suppliers through the ADARANA portal. The

quantum of the order will be determinant on the beneficiaries selecting the tools on the ADARANA portal. Orders will be placed district wise separately as mentioned in the BDS.

g. Once the beneficiaries conclude the selection of the tools, the Executive Director, APBCCFC at each district will authorize the order placement through the ADARANA portal.

h. The order placement shall contain the details of the beneficiary requesting for the tool such as Beneficiary name, unique number assigned to the beneficiary, Mandal name, District name etc.

i. The order placement to the Supplier pertaining to the entire state shall be at one go. The above are internal processes of the Government/APBCCFC and have been highlighted for adequate clarity. These processes are subject to modifications and the final processes will be intimated to the selected suppliers.



2. Order acceptance by the suppliers a. Suppliers are required to accept orders placed through the ADARANA portal. At the time of

order acknowledgement, the system will show the delivery location and other details. b. Each supplier needs to submit Bank Guarantee of 5% of the each order value. Failing which

supplier will not be allowed to supply. c. The detailed operating procedure related order acceptance will be communicated to the

Supplier.

3. Packaging a. The Suppliers are required to provide the tools with standard packaging and labeling of each

tool with the Name, address of the respective Beneficiary etc. b. The fields to be mentioned on the packaging will be informed to the supplier.

4. Delivery

a. The delivery of the tool (including transportation, handling, insurance, packing,

installation/assembling) to the prescribed location is sole responsibility of the Supplier. b. The quality of the tools should be the sole responsibility of the supplier. c. The Suppliers need to deliver the tools to the designated MPDO office or the location as

prescribed by the Government/APBCCFC at each Mandal in the Districts of the State of Andhra Pradesh and as per the acknowledgement provided on the ADARANA portal.

d. The Suppliers have to confirm, that all requirements of the order have been met without any deviation to the RFP terms and conditions.

e. Delay in the order delivery committed by the Supplier or any deviation on the tools supplied liable to penalty as per the SLA defined in this RFP.

f. The dealer shall comply with all the timelines set in the RFP, failing which Penalties will be applicable as mentioned in Penalties section.

5. Delivery Acknowledgement a. The Supplier needs to obtain a delivery acknowledgement from the MPDO / Municipal

Commissioner or any authorized person as designated by the government against each order delivered to the designated locations in that respective district.

b. The designated officer will cross check details of each tool against the order acknowledgement provided by the Supplier.

6. Quality Adherence a. The Suppliers are mandated to provide an undertaking on conformity of relevant quality

standards certifications (such as ISI, ANSI, ISO, OSHA, EN etc.) are met for each of the tools as per the order acknowledgement provided by the supplier.

b. The Supplier is required to produce the Standard certificates while supplying the tools. c. All the tools supplied shall be provided with standard warranty similar/equal to prevailing

market practices.



7. Grounding of the Tools

a. The Suppliers will receive the first payment on grounding of tool as defined in the payment

terms section.

Note - Grounding shall mean “two (2) days after the beneficiary has received the tool (including

installation/assembling) or fifteen (15) days after the supply of the tool to the designated

delivery location, whichever is earlier”.

Note: Third Party Evaluation to be carried out by Government/APBCCFC a. A third party evaluation will be carried out over the tools supplied by the suppliers. b. The third party evaluation will be carried out by the staff designated by the government. c. The staff shall visit the beneficiary and take a photograph of the tool along with the

beneficiary. The staff shall also determine whether the tool received by the beneficiary is in working condition. The photograph shall be uploaded in the ADARANA portal.

d. For the tools which are not found to be in working condition, the payment shall be withheld. The balance payment against the tools shall be released after the satisfactory third party evaluation as defined in the payment terms.

e. The Supplier shall attend to the complainant or beneficiary whose tools require servicing or replacement as defined in the Service level agreements (SLA) section in this RFP.

f. The Third party evaluation will be completed within 30 days of ‘grounding’ of the tools. The above are internal processes of the Government/APBCCFC and have been highlighted for adequate clarity. These processes are subject to modifications and the final processes will be intimated to the selected suppliers.

8. Servicing under warranty

a. The Warranty service (e.g. replacement of faulty tools or parts under warranty, customer

service on the tools provided during the warranty period etc.,) will be the responsibility of the Suppliers. During the warranty period, the Supplier needs to perform servicing at the doorstep of the beneficiary or at a common a location within each Mandal. The plan for servicing tools shall be submitted by the Supplier, at the time of submission of performance security for the order.

b. The beneficiary will have a provision to raise an issue on the tool through the ADARANA portal. Such issues will be intimated to the suppliers through ADARANA portal. On receipt of the issue, the suppliers are required to attend to the complaint as per the SLA as defined in the SLA section of this RFP.

c. The suppliers are liable for penalties on deviation of the Service Level Agreement (SLA) defined under Warranty period. Such penalties applicable are defined Penalty section of this RFP.

9. Support post -warranty a. The support of the tools post warranty period needs to be carried out by the supplier as per

the SLAs mentioned in this RFP.



10. Support personnel

a. All the Suppliers shall appoint an authorized person to co-ordinate and report to the VC &

MD, APBCCFC or his authorized representative throughout the period of Supplier contract. b. Supplier may, at its discretion, deploy manpower as may be needed for successful discharge

of the above mentioned responsibilities.

2.1.2. Responsibilities of the Government/APBCCFC

The Government/APBCCFC shall ensure and establish processes for order placement, delivery

acknowledgement & Third party evaluation are completed within the stipulated time.

2.2. Payment Terms

The payment will be processed by the Executive Director, APBCCFC of each district duly taking approval of

the respective District Collector. The payment terms for the supply of tools under ADARANA scheme are as

follows

1 70% of Unit cost to the firms upon grounding of the tools. 2 30% of the Unit cost post Third party evaluation of the tools or within 45 days of the delivery of

the tools to the designated delivery locations.

2.3. Service Level Agreement (SLA)

1 Suppliers to conclude the ‘Supplier Agreement’ upon notification by Purchaser in 7 days 2 Order Acknowledgement by the supplier – within 48 Hours or 2 business days of receiving the intimation 3 Submission of performance security in the form of BG- 5% of order value of each order by Supplier –

within 1 week of the receipt of the order 4 Delivery of the Tools to the final destination as prescribed by Purchaser – within 45 days of receipt of

the order acknowledgement. 5 Resolving Complaints lodged by the Beneficiary on the tools - within 7 days of the receipt of the

complaint. 6 Replacement of the faulty tools covered under Warranty period – within 15 days of the receipt of the

issue 7 Post warranty SLAs to be defined for the tools as per the rate contract and as provided in the bid

response to this RFP. 8 Any Material deviation in the tools delivered will be rejected by the purchaser. The suppliers are

required to replace the tools within one week of such incident.



2.4. Penalties

1 Order Acknowledgement

— 0.1% of the total order value per every day’s delay. The total penalty applicable shall be cumulative of the penalty for total number of days of delay. The payment of the order will be made after deducting the total penalty amount

2 Order delivery to Mandal Storage facility

— 0.5% of the total order value per every 7 days’ delay. The total penalty applicable shall be cumulative of the penalty for total number of period of days of delay. The payment of the consignment will be made after deducting the total penalty amount

3 Warranty support – attending to the complaint received from beneficiary

— 0.5% of the total value of the tool per every day’s delay. The total penalty applicable shall be cumulative of the penalty for total number of days of delay. The supplier is required to remit the amount to the VC & MD, APBCCFC Ltd.

4 Warranty support - Replacement of faulty items

— 0.5% of the total value of the tool per every day’s delay. The total penalty applicable shall be cumulative of the penalty for total number of days of delay. The supplier is required to remit the amount to the VC & MD, APBCCFC Ltd.



2.5. Technical Specifications

“Summary of Technical Specifications. The Tools and Related Services shall comply with following

Technical Specifications and Standards:

— All tools supplied and the assembled machine as a whole should be compliant with IS / ANSI / EN /

OSHA / ISO standards as applicable.

— Assembled / installed tool should be such that it is usable directly by the beneficiary in their

occupations.

— Assembling / Installation, if any, shall be undertaken by the supplier.

2.5.1. List of Tools - Weaving

Item No Name of Tools

1 Take-up and Let-off motions on existing handloom with extra cloth beam

— wheel take-up motion with complete set – 1 No — Emery fillet, puling hook — Rope Let-off motion – ½” rope (2 Mets) — Weights 2 Nos (each 2 Kg) — Cloth beam Teak wood 4” Dia X up to 84” – 1 No

2 Extra Weft Insertion (Butta) Mechanism

— .13 butta capacity – Magnetic sley — Butta prins – 30 Nos

Suitable for Saree weaving

3 Motorized Pin winding machine with 1/12 HP motor

4 Motorized Dubba winding machine (6 spindles) with ¼ HP Motor

5 Motorized Jacquard lifting mechanism on existing handloom with 2 lever lifting metal

frame with chain and belt drive capable of lifting 2x240 hooks each 30 kg weight,

single phase ISI motor AC ¼ HP 1440 RPM good quality ISI wires & switches

6 Cycle Wheel Chakra with Swift & Stand

7 48 Lever Chain Dobby

8 Motorized Warping machine

9 ASU Machine



10 Motorized ASU Machine

11 Street Sizing Kit ( Brush, Spray gun, Lease rods, etc;)

— Sizing brush-( 64”length- 6”height- 5”width)-1 no — 66” size Bamboo lease rods - 30 nos. — Spray gun (Lalitha brand/Shaw walace brand)-1 no — 66” size gaiting rods-2 nos

12 120 hook Jacquard with complete set

— 120 hook Madurai jacquard - Nickel coated l with ball bearing s-1 no) — 8 grams lingoes-1700 nos. — 16rams lingoes -3400 nos. — 2s reeled yarn -8 nos. (vardhaman) — 1 No. nylon thread – 300 grams, — Blue comber board ( 6’’ x 52’’)-1 nos — Jacquard stand (Country wood 4 ‘’ x 3’’ x 6’- 5 nos) — Jacquard Harness construction wages

13 240 hook Jacquard with complete set

— 240 hook Madurai jacquard - Nickel coated l with ball bearing s-1 no) — 7 grams lingoes - 4000 nos. — grams lingoes - 700 nos. — ¼ Nylon thread – 1800 grams — No Nylon thread – 400 grams — Metal comber board ( 6’’ x 52’’)-1 nos — Jacquard stand (Country wood 4 ‘’ x 3’’ x 6’- 5 nos)

14 Specifications for 60” Reed Space frame Loom – 4 treadles

Sl.No.

Particulars Size Name of wood Qty.Reqd. ( in Nos.)

1 Vertical Poles 4” x 4”x 6’ Country Wood 4

2 Horizontal Cross Bars 3”x 2”x 6’ Country Wood 4

3 Side frame bottom cross bars 3”x 2”x 6’ Country Wood 2

4 Side frame top cross bars 3”x3”x6’ Country Wood 2

5 Side frame Middle cross bars 3”x 2”x 7’ Country Wood 2

6 Back Rest 3”x 2”x 6’ Country Wood 1

7 Front Rest 4”x 2”x 6’ Country Wood 1

8 Cloth Guide Cross Bar 3”x 2”x 6’ Country Wood 1

9 Lever Stand 3”x2”x6’.6” Country Wood 2

10 Levers 2”x ¾”x 2’ Country Wood 8

11 Weavers seat 10”x 1 ½ ”x 5’6” Country Wood 1

12 Treadles 2”x1 ½”x5’.6” Country Wood 4

13 Long lams 2”x1”x5’ Country Wood 4

14 Lams stand 3”x2”x2’ Country Wood 2



15 Cloth beam stand 4”x2”x2’ Country Wood 2

14 Short lams 2”x1”x4’.6” Country Wood 4

15 Treadle Brackets 2”x 2”x 8” Country Wood 2

16 Warp/Cloth Beam 4” dia x 7’ Teak Wood 2

17 Warp/ Cloth beam Brackets 3” x 4”x 9” Country Wood 4

18 Wooden Ratchet Wheel and Paul

8” Dia. x 2” thick Country Wood 1

2”x1”x1’ Country Wood 1

19 Iron Ratchet wheel and paul 6” dia. Metal M.S. Plate 1

20

SLEY:

i) Race board 4”x2”x 9’ Teak Wood 1

ii) Sley swords 4”x 1 ½ ”x 4’ Teak Wood 2

iii) Sley holding Bar 3”x 2” x 6.6”’ Country Wood 1

iv) Sley Middle cross bar 3”x1 ½” x 6’ Teak Wood 1

v) Reed Cap 3”x2”x 5’.6” Teak Wood 1

vi) Shuttle box side plates 4”x 1”x 1’.6” Teak Wood 4

vii) Shuttle box end plates 6”x 1”x 9” Teak Wood 2

viii) End Plates supporting bars 2”x 1”x 2’.6” Teak Wood 2

21 Bolts, Nuts and Washers ---- ----- As required

*** Note: Country wood means Maddi or Nalla Tumma or Egisa

15 Specifications for 66” Reed Space frame Loom –4 treadles weaving

Sl.No.

Particulars Size Name of wood Qty.Reqd. (in Nos.)

1 Vertical Poles 4” x 4”x 6’ Country Wood 4

2 Horizontal Cross Bars 3”x 2”x 7’ Country Wood 4

3 Side frame bottom cross bars 3”x 2”x 6’ Country Wood 2

4 Side frame top cross bars 3”x 2”x 6’ Country Wood 2

5 Side frame Middle cross bars 3”x 2”x 7’ Country Wood 2

6 Back Rest 3”x 2”x 7’ Country Wood 1

7 Front Rest 4”x 2”x 7’ Country Wood 1

8 Cloth Guide Cross Bar 3”x 2”x 7’ Country Wood 1

9 Lever Stand 3”x2”x7’.6” Country Wood 2

10 Levers 2”x ¾”x 2’ Country Wood 8

11 Treadles 2”x1 ½”x5’.6” Country Wood 4

12 Long lams 2”x1”x5’ Country Wood 4

13 Short lams 2”x1”x4’.6” Country Wood 4

14 Treadle Brackets 2”x 2”x 8” Country Wood 2

15 Weavers seat 10”x 1 ½ ”x 7’6” Country Wood 1

16 Warp/Cloth Beam 4” dia x 7’ Teak Wood 2

17 Warp/ Cloth beam Brackets 3” x 4”x 9” Country Wood 4

18 Wooden Ratchet Wheel and Paul

8” Dia. x 2”thick Country Wood 1


19 Iron Ratchet wheel and paul 6” dia. Metal M.S. Plate 1

20

SLEY:

i) Race board 4”x2”x 9’.6” Teak Wood 1

ii) Sley swords 4”x 1 ½ ”x 4’ Teak Wood 2



iii) Sley holding Bar 3”x 2” x 7.6”’ Country Wood 1

iv) Sley Middle cross bar 3”x1 ½” x 6’ Teak Wood 1

v) Reed Cap 3”x2”x 6’ Teak Wood 1

vi) Shuttle box side plates 4”x 1”x 2’ Teak Wood 4


viii) End Plates supporting bars 2”x 1”x 2’.6” Teak Wood 2


*** Note: Country wood means Maddi or Nalla Tumma or Egisa

16 Specifications for 56” R.S. Pit Loom for saree weaving with Dobby/Jacquard Mount

S.No.

Particulars Size Name of the

wood Qty.(Nos.)

1 Vertical poles 4”x 3”x 5’.6” Country Wood 4

2 Side frame Top cross Bars 3”x 3”x 4’ Country Wood 2

3 a) Warp rest (back rest) 1” dia. x 6’ G.I.Pipe 1

b) Warp Rest Brackets 3”x1”x 1 ½’ Country Wooud 2

4 Warp tension frame

3”x 3”x 2’ Country Wood 1

3”x 2”x5’ Country Wood 1

3”x 2”x1’ Country Wood 2

5 Ratchet wheel and paul 4” dia. Iron 1

6 Shedding roller bracket 2”x 1”x 6” Country Wood 2

7 Shedding roller holding bar 3”x 2”x 6’.6” Country Wood 1

8 Shedding roller 2 ½” dia. x 3’ Teak Wood 1

9 Cloth roller(Round type) 4” dia.x 6’ Teak Wood 1

10 Warp Roller (square type) 3.5”x 3.5” x 6’ Teak wood 1

11 Beam Brackets 3”x 4”x 2’ Country Wood 4

12 Jacquard Stand

3”x2”x 2’ Country Wood 2

3”x2”x 6’.6” Country Wood 2


13

a) Treadles 3”x1”x2’ Country Wood 2

b) Treadle brackets 2”x2”x1’ Country Wood 2

c) Lam Rods 1½”x1”x3’.6” Country Wood 2

14

SLEY:

i) Race board 3”x2”x 8’ Teak Wood 1

ii) Sley swords 3”x 1”x 4’ Teak Wood 2

iii) Sley holding Bar 3”x 1½”x6.6” Teak Wood 1

iv) Sley Middle cross bar 3”x1¼“ x 5’ Teak Wood 1

v) Reed Cap 3”x1 ½”x 5’ Teak Wood 1



viii) End Plates supporting bars 2”x 1”x 2’ Teak Wood 2




Pit Size: 5’Wx 3’.6”Lx 2’.6”H

***Note: Country wood means Maddi or Nalla Tumma or Egisa

17

Specifications for 56” R.S. Raised Pit Loom for silk saree weaving with Dobby/Jacquard Mount

S.No.

Particulars Size Name of the

wood Qty.(Nos.)

1 Front Vertical poles 4”x 4”x 10’.6” Country Wood 2

2 Back Vertical poles 3”x3”x10’.6” Country Wood 2

3 Bottom Side cross bars 2”x2”x3’.6” Country Wood 2

4 Top Cross Bars 2”x2”x6’ Country Wood 2

5 Top side cross Bars 2”x2”x3’.6” Country Wood 2

6 Treadle stand 2”x3”x3’ Country Wood 4

7 Warp rest ¾” dia. x 6’ G.I.Pipe 1

8 Warp tension frame

3” dia. x 2’ Country Wood 1



9 Ratchet wheel and paul 4” dia. Iron 1

10 Shedding roller bracket 3”x1”x6” Country Wood 2

11 Shedding roller holding bar 3”x2”x6’.6” Country Wood 1

12 Shedding roller 2 ½” dia. x 3’ Teak Wood 1

13 Cloth roller(Hexagonal) 4”x4”x6’ Teak Wood 1

14 Warp Roller (Round Shape) 2 ½”dia. x 4’ Teak wood 1

15 Bamboo lease rod ----- ----- 6

16 Back pole (Let-off) 2”dia.x 1’.6’’ Country Wood 1

17 Jacquard Stand 2”x2”x3’.6” Country Wood 6

18 Treadles 2”x2”x3’ Country Wood 4

19

SLEY:

i) Race board 4”x2”x7’ Teak Wood 1

ii) Sley swords 3”x 1 ¼ ”x 4’ Teak Wood 2

iii) Sley holder 3”x 2” x 5’ Teak Wood 1

iv) Sley Middle cross bar 3”x11 ¼“ x 5’ Teak Wood 1

v) Reed Cap 3”x2”x 4’ Teak Wood 1



viii) End Plates supporting bars 2”x 1”x 2’ Teak Wood 2


Pit Size: 4’Wx3’.6”x2’.6”H

Note: Country wood means Maddi or Nalla Tumma or Egisa



2.5.2. List of Tools – Earth Works

Note: The bidders are expected to make toolkit of the below mentioned tools depending on their

usage and provide single price quote of the toolkits and detailed description of its contents

Item No Name of Tools

1 Trowels (Wooden and Iron)

— Brick Trowel — Buttering Trowel — Pointing Trowel — Margin Trowel — Edger — Square Trowel

2 — Head Pan

3 — Hoe

4 — Line and Pins

5 — Masons’s Square

6 — Pick Axe

7 — Plumb Bob

8 — Crowbar (Heel / Pinch)

9 — Shovel and mini handheld shovels

10 — Spade

11 — Rake

12 — Bevel

13 — Wrecking Bar

Note:

— The tools which do not meet the standards will not be considered for a Rate contract. — APBCCFC shall have the right to reject any tool mentioned in the bid response without assigning

any reason



— The purchaser shall have the right to place order on select tools, which in its view are useful to the occupations listed in this RFP.

2.6. Jurisdiction:

Any dispute, claim or cause of action arising out of or in connection with this Supply Agreement

shall be subject to the Jurisdiction of Courts at Vijayawada. The laws of the State of Andhra Pradesh

and India shall apply to any such proceeding arising out of or in connection with this agreement.



2.7. Section V - Bidding Forms

1. FORMAT FOR THE COVERING LETTER

(On the Company Letter Head)

To

The Vice Chairman & Managing Director,

A.P. Backward Classes Cooperative Financial Corporation (APBCCFC),

4th Floor, Vishal Residency, Near VR Siddhartha College,

Kanuru, Tadigadapa, Vijayawada, 521137

Dear Sir,

Sub: Request for Proposal (RFP) for Selection of Suppliers to supply tools under ADARANA Scheme for –

Occupation Name - Submission of Application reg.

In response to your invitation for RFP published in the website (____________________________) we are

interested in participating in this RFP process towards supply of tools under ADARANA scheme and are

submitting our application for the same.

The Applicant details are as follows –

1. Name of the Manufacturer / Authorized Dealer:

2. Authorized Contact Person and Designation:

3. Postal Address of the Authorized Contact Person:

4. Landline and Mobile Number of the Authorized Contact Person:

5. Email ID of the Authorized Contact Person:



We hereby certify that-

A. No reservations: We have examined and have no reservations to the bidding document, including addenda issued in accordance with ITB

B. Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with ITB

C. Bid/Proposal-Securing Declaration: We have not been suspended nor declared ineligible by the APBCCFC or any other Indian government entity based on execution of a Bid Securing Declaration or Proposal Securing Declaration in accordance with ITB

D. Conformity: We offer to supply in conformity with the bidding document and in accordance with the Delivery Schedules specified in the Schedule of Requirements

E. Bid Validity Period: Our Bid shall be valid for the period specified in BDS (as amended, if applicable) from the date fixed for the Bid submission deadline specified in BDS (as amended, if applicable), and it shall remain binding upon us, and may be accepted at any time before the expiration of that period;

F. Performance Security: If our Bid is accepted, we commit to obtain a performance security in accordance with the bidding document;

G. All the statements made and information furnished in the application and the enclosures are true and correct.

H. We have furnished all information and details necessary for RFP and have no further pertinent information to supply (unless specifically asked for by the APBCCFC Ltd at a later stage).

I. We agree that the VC & MD, APBCCFC or their authorized representatives can undertake verification of the documents submitted by us in response to this RFP.

J. We submit certificates and documents in support of our suitability, technical knowhow and capability for having successfully providing the required supply of the tools / implements, in prescribed format.

K. We agree to provide any additional information as requested by APBCCFC Ltd towards the evaluation of our application.

L. We agree that the discretion and decision of the APBCCFC Ltd. in respect of the Request for Proposal (RFP) for supply of tools under ADARANA Scheme to be final.

M. Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person acting for us, or on our behalf, engages in any type of Fraud and Corruption.

Name of the Bidder: (insert) _________________________

Name of the person duly authorized to sign the Bid on behalf of the Bidder: (insert)

___________________________________________________

Title of the person signing the Bid: (insert) __________________________________

Signature of the person named above: (insert) __________________________________

Date signed (insert) _______________ day of (insert) ________________



NOTE:

No Joint Ventures of joint bids are allowed to participate and bid in this RFP

Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid Schedules.

Authorized Dealer needs to submit a dealer authorization letter from the manufacturer (for every manufacturer tool that dealer is supplying) that indicates that the manufacturer authorizes the dealer to bid for and supply these tools in the district (In Andhra Pradesh) as indicated by the manufacturer.

No two Authorized dealers are allowed to bid for and supply for the same district



2. Bidder Information Form

[The Bidder shall fill in this Form in accordance with the instructions indicated below. No alterations to its format shall be permitted and no substitutions shall be accepted.]

Date of this Bid submission: DATE, time and place to be inserted

RFB No.: RFP number to be inserted

S.No Particular Details

Manufacturer / Authorized dealer / Sole

Marketer

1 Name of the organization

2 Registered Office Address

3 Organization Status (Pvt. Ltd Company/

Partnership Firm/Govt., etc.)

4 Company Registration No. & Date of

Registration

5 PAN No

6 GSTIN

7 Name of Proprietor / MD / CEO/

Managing Partner

8 Authorized Contact Person and

Designation

9 Address for Communication

10 Landline No.

11 Mobile No.

12 Fax No.

13 E – Mail Address

14 Website Address


3. Price Schedule Forms

The Bidder shall fill in these Price Schedule Forms in accordance with the instructions indicated. The list of line items in column 1 of the Price Schedules shall coincide with the List of Tools and Related Services specified by the Purchaser in the Schedule of Requirements.

All prices quoted to be in Indian Rupees (INR) only

No escalation in price is allowed.

No Other taxes and duties other than GST will be paid on these items

All tools mentioned here shall comply with technical specification mentioned at section IV

Each row item of the format should be filled with one single tool only

Any tools not related to the ADARANA scheme and not related to the occupation mentioned at BDS of

this RFP should not be mentioned in this form.

Hand written price schedule will not be acceptable

Form should be filled in English only.

Incomplete forms will be summarily rejected,

Note: APBCCFC/Government shall have the right to negotiate the price quoted for tools specified by the

bidder.



Price Schedule

Name of Occupation: __________________________________(to be filled by the bidder)

2 3 4 5 6 8 9 10 11 12 13

Line

Item

No

Tool Name Description of

Tools

Make Model Specification of

the Tool

Standards

Applicable (ISI,

ANSI, ISO etc.)

Cost per unit

(INR)

Transportati

on per unit

(INR)

(including

packaging,

shipping,

handling &

insurance)

costs

Discount on the

cost (9 + 10) in %

Price for Adarana

scheme (INR)

GST (INR) Total Price

per Line

item

(Col. 12+13)

Name of Bidder _____________________________ Signature of Bidder ____________________________ Date _______________________

Note: Bidder shall use separate Price schedule for each Occupation

All the tools supplied by the supplier must conform to the Indian Standards (IS) or International Standard compatible to IS. These will be checked at the time of

grounding. Non-conformity to standards will lead to non-payment of the cost of the tool.



4. Form of Bid Security

(Bank Guarantee)

[The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.]

Beneficiary: [Purchaser to insert its name and address]

RFP No.: [Purchaser to insert reference number for the Request for Proposals]

Date: [Insert date of issue]

BID GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that ______ [insert name of the Bidder] (hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Bid (hereinafter called "the Bid") for the execution of ________________ under Request for Proposals No. __________ _ (“the RFP”).

Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must be supported by a Bid guarantee.

At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of INR___________ (Rupees____________) upon receipt by us of the Beneficiary’s complying demand, supported by the Beneficiary’s statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Applicant:

(a) has withdrawn its Bid during the period of Bid validity set forth in the Applicant’s Covering Letter (“the Bid Validity Period”), or any extension thereto provided by the Applicant; or

(b) Having been notified of the acceptance of its Bid by the Beneficiary during the Bid Validity Period or any extension thereto provided by the Applicant, (i) has failed to sign the contract agreement, or (ii) has failed to furnish the performance security, in accordance with the Instructions to Bidders (“ITB”) of the Beneficiary’s bidding document.

(c) The APBCCFC Ltd will have the right to inform the bank regarding the penalties and revoke the bank guarantee

This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt of copies of the Contract agreement signed by the Applicant and the performance security issued to the Beneficiary in relation to such Contract agreement; or (b) if the Applicant is not the successful



Bidder, upon the earlier of (i) our receipt of a copy of the Beneficiary’s notification to the Applicant of the results of the Bidding process; or (ii) twenty-eight days after the end of the Bid Validity Period.

Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date.

_____________________________

[Signature(s)]



5. Form of Bid-Securing Declaration

[The Bidder shall fill in this Form in accordance with the instructions indicated.]


RFP No.: RFP number to be inserted

Request for Proposal No.: Any additional number

To: VC&MD, APBCCFC, Tadigadapa, Vijayawada, Andhra Pradesh

We, the undersigned, declare that:

We understand that, according to your conditions, Bids must be supported by a Bid-Securing Declaration.

We accept that we will automatically be suspended from being eligible for Bidding or submitting proposals in any contract with the Purchaser for the period of time of three (3) years starting on the date of issue of this RFP, if we are in breach of our obligation(s) under the Bid conditions, because we:

(a) have withdrawn our Bid during the period of Bid validity specified in the Covering Letter; or

(b) having been notified of the acceptance of our Bid by the Purchaser during the period of Bid validity, (i) fail or refuse to sign the Contract; or (ii) fail or refuse to furnish the Performance Security, if required, in accordance with the ITB.

(c) have taken order and not delivered as per the order. (Penalties will be deducted from the bank guarantee)

We understand this Bid Securing Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of our Bid.

Name of the Bidder

Name of the person duly authorized to sign the Bid on behalf of the Bidder** _______

Title of the person signing the Bid ______________________

Signature of the person named above ______________________

Date signed ________________________________ day of ___________________, _____

**: Person signing the Bid shall have the power of attorney given by the Bidder attached to the Bid



6. Manufacturer’s Authorization

(Applicable only for Manufacturer submitting the bid)

[The Bidder or Manufacturer to fill in this Form in accordance with the instructions indicated. This letter of

authorization should be on the letterhead of the Manufacturer and should be signed by a person with the

proper authority to sign documents that are binding on the Manufacturer]





WHEREAS

We [insert complete name of Manufacturer], who are official manufacturers of [insert type of Tools

manufactured], having factories at [insert full address of Manufacturer’s factories], do hereby submit a Bid

for the “Selection of Suppliers to supply of tools for ADARANA Scheme”.

We authorize the following dealers/firms to supply, service the tools for various districts in Andhra Pradesh.

S.No Name of Dealer District name. Address and contact

information of the dealer.

Entity raising the invoice: …………………………………(We/Dealer)

We also understand that for each district there will be only one authorized dealer to discharge all the

responsibilities on our behalf and as mentioned in the schedule of requirements.



Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]

Title: [insert title]

Dated on ____________ day of __________________, _______ [insert date of signing]



7. Manufacturer’s Authorization

(Applicable only for Authorized dealers or Sole Marketer submitting the bid)

[The Bidder shall require the Manufacturer to fill in this Form in accordance with the instructions indicated.

This letter of authorization should be on the letterhead of the Manufacturer and should be signed by a

person with the proper authority to sign documents that are binding on the Manufacturer. The Bidder shall

include it in its Bid, if so indicated in the BDS.]





WHEREAS

We [insert complete name of Manufacturer], who are official manufacturers of [insert type of Tools

manufactured], having factories at [insert full address of Manufacturer’s factories], do hereby authorize

[insert complete name of Bidder] for the “Supply of tools under ADARANA Scheme” for the following

districts in the state of Andhra Pradesh.

S.No Name of the District

We also state that we have authorized only [insert complete name of Bidder] to submit a bid in the above

mentioned district/s of Andhra Pradesh.

We also state that [insert the name of the dealer] will be raising the invoice to which the payments have to

made.

We also confirm that the tools adhere to the standards as mentioned in the technical specifications,

schedule of requirements of this RFP.



Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]

Title: [insert title]

Dated on ____________ day of __________________, _______ [insert date of signing]



8. Declaration that the Supplier is not Blacklisted

(To be submitted on the Letterhead of the responding agency)

{Place}

{Date}

To,

The Vice Chairman & Managing Director,

A.P. Backward Classes Cooperative Financial Corporation (APBCCFC),

4th Floor, Vishal Residency, Near VR Siddhartha College,

Kanuru, Tadigadapa, Vijayawada, 521137

Ref: RFP Notification on < Selection of Suppliers to Supply tools under ADARANA Scheme >

Subject: Self Declaration

Dear Sir,

We confirm that our company, ____________, is not blacklisted in any manner whatsoever by any

Government agency of the State/UT/PSU/ central government in India on any ground including but not

limited to indulgence in corrupt practice, fraudulent practice, coercive practice, undesirable practice or

restrictive practice.

Place:

Date:

Company Seal:

Authorized Signatory’s Signature:

Authorized Signatory’s Name and Designation:



9. Turnover And Net Worth Details Certified By Chartered Accountant

We have verified the Audited Financial Statements and other relevant records of

M/s……………………………… (Name of the Supplier) and certify the following:

A. AUDITED ANNUAL TURNOVER OF LAST 3 FINANCIAL YEARS:

Year Amount (INR)

2017-18

2016-17

2015-16

B. NETWORTH AS ON 2nd July 2018

Description Amount (INR)

Net Worth

It is further certified that the above mentioned applicable figures are matching with the returns

filed with Registrar of Companies (ROC)

Name of Audit Firm: [Signature of Authorized Signatory]

Chartered Accountant/CPA Name:

Date: Designation:

Seal: Membership

No.:

Note: This certificate is to be submitted on the letter head of Chartered Accountant


VC & MD, APBCCFC Ltd Supplier

Supplier Agreement for “Selection of Suppliers to supply tools under ADARANA Scheme”

3. PART 3 - Rate Contract

3.1. Section VI - Format of the Rate Contract Agreement and Terms & Conditions

Selection of suppliers to supply tools under Adarana Scheme 2018-19

Rate Contract and Terms & Conditions [The successful Bidder shall fill in this form in accordance with the instructions indicated]

Contract No: [Insert: number issued on LOA]

THIS AGREEMENT made the [insert: number] day of [insert: August], [insert: 2018].

BETWEEN

(1) Andhra Pradesh Backward Classes Cooperative Financial Corporation Ltd., Government of Andhra

Pradesh, a corporation incorporated under the laws of India and registered under AP Cooperative

Societies Act 1964, having its principal place of business at 4th Floor, Vishal Residency, Near VR

Siddhartha College, Kanuru, Tadigadapa, Vijayawada, 521137 represented by its Vice Chairman &

Managing Director (hereinafter called “the Purchaser”), of the one part, and

(2) [ insert name of Supplier ], a corporation incorporated under the laws of [ insert: country of Supplier ]

and having its principal place of business at [ insert: address of Supplier ] represented by its

__________________________ duly authorized by a Board Resolution dt…………………..

(hereinafter called “the Supplier”), of the other part :

WHEREAS the Purchaser invited Bids for Tools and related services, viz., “Selection of Suppliers to supply tools under

ADARANA Scheme and has accepted a Bid by the Supplier for the supply of those Tools and related services

The Purchaser and the Supplier agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in

the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of this Agreement and

stand incorporated by reference. This Agreement shall prevail and override over all other contract / RFP

documents, in case of any ambiguity issued hereunder.

(a) the Letter of Acceptance

(b) Terms and Conditions

(c) The RFP, Addenda / Corrigenda, Amendments etc.




(d) Annexure 1 - the completed Bid Schedules (including Final Price Schedules)

(e) Annexure 2 - Details of Tools including Warranty / Post Warranty support and Delivery Schedule

(f) any other document forming part of the Contract

3. In consideration of the payments to be made by the Purchaser to the Supplier as specified in this Agreement,

the Supplier hereby covenants with the Purchaser to provide the Tools and related services under ADARANA

Scheme and to rectify and replace any defective tool and related service in conformity with the specifications as

stipulated under the Purchase Order or under the provisions of this Rate Contract.

4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the Tools and Services

and after rectification, replacement and the remedying of defects found in any tool, or related service therein,

the Contract Price or such other sum as may become payable under the provisions of the Contract at the times

and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of

Government of India on the day, month and year indicated above.

For and on behalf of the Purchaser:

Signed: [insert signature]

in the capacity of [insert title or other appropriate designation]

in the presence of [insert identification of official witness]

For and on behalf of the Supplier:

Signed: [insert signature of authorized representative(s) of the Supplier]




in the capacity of [insert title or other appropriate designation]

in the presence of [insert identification of official witness]




(Placeholder)

Copy of Letter of Award



Terms and Conditions 1. APPLICATION

1.1 This Rate contract includes all Supply requirements, Specifications of Tools and provision of Related

Services, agreements, orders, and Purchase Orders are subject to the Terms and Conditions (“T&C”)

as detailed below.

1.2 Without limitation, accepting a Purchase Order from APBCCFC LTD shall signify acceptance of these

T&C and shall override any other terms or conditions put forward by the Supplier.

1.3 These T&C shall apply only to the supply of Tools or Services between APBCCFC LTD and the Supplier

and shall not be construed as conferring an on-going relationship or term contract between the

Supplier and APBCCFC LTD nor shall it create any relationship of exclusivity.

1.4 APBCCFC LTD has no obligation to accept any order or quote from the Supplier or to place orders with

the Supplier. APBCCFC LTD reserves the right to recover any loss it suffers as a result of the Supplier

cancelling or amending an order after it has been submitted to and accepted by APBCCFC LTD.

1.5 APBCCFC LTD reserves the right to select other suppliers at all times to provide Tools and Services

similar or identical to those described in the Scope of Work or Purchase Order.

1.6 APBCCFC LTD shall not entertain or accept any liability for any Tool and/or Services for which no

Purchase Order exists or where the value of the Purchase Order has been exhausted and the

acceptance of any such Tools and/or Services by APBCCFC LTD shall not create any such liability.

1.7 The APBCCFC Ltd doesn’t necessarily guarantee any commitment on volumes. However the supplier

shall supply any number of items as per the price committed and specified in this Rate contract as

mentioned.

2. INTERPRETATION

2.1 In these T&C, unless clearly inconsistent with or otherwise indicated by the context any reference to

the singular includes the plural and vice versa, any reference to natural persons includes legal persons

and vice versa and any reference to a gender includes the other genders.

2.2 The clause headings in these T&C have been inserted for convenience only and shall not be taken into

account in its interpretation.

2.3 Words and expressions defined in any sub-clause shall, for the purposes of the clause of which that

sub-clause forms part, bear the meanings assigned to such words and expressions in that sub- clause.

2.4 The Supplier acknowledges and agrees that: it has been free to secure independent legal and other

professional advice (including financial and taxation advice) as to the nature and effect of all of the

provisions of these T&C and that it has either taken such independent advice or has dispensed with

the necessity of doing so.

3. DEFINITIONS

In this Agreement, unless inconsistent with the context, the following expressions shall bear the meanings assigned to them below and cognate expressions shall bear corresponding meanings:

3.1 “Contract Price” means the price payable to the supplier under a contract for the full and proper

performance of the contractual obligations.

3.2 “Day” means calendar day of the Gregorian Calendar.



3.3 “Month” means calendar month of the Gregorian Calendar.

3.4 “Purchaser” means APBCCFC LTD which is the Procuring Agency purchasing the Tools and Services and

includes its successors and /or assignees.

3.5 “Consignee” means the individual or body to whom the contracted goods are required to be delivered

as per the terms and conditions incorporated in the Purchase Order.

3.6 “Procuring Agency” means Andhra Pradesh Backward Classes Co-operative Finance Corporation Ltd

(APBCCFC Ltd)

3.7 "APBCCFC Ltd"- means Andhra Pradesh Backward Classes Cooperative Financial Corporation Ltd

having its principal place of business at 4th Floor, Vishal Residency, Near VR Siddhartha College,

Kanuru, Tadigadapa, Vijayawada, Andhra Pradesh 521137.

3.8 "ED, DBCSCS Ltd"- means Executive Director, District Backward Classes Service Coop Society Ltd.

having its principal place of business at each district in the State of Andhra Pradesh.

3.9 “Purchase Order”- means a Purchase Order issued by the VC & MD, APBCCFC Ltd with the

authorization of ED, Dist. Backward Classes Service Coop. Society of each District to the Supplier for

the order of the supply and delivery of the Tools and/or Services subject to these T&C;

3.10 "Supplier"- means a Bidder who has concluded this Supplier Agreement through the Procurement

process and may be considered for the award of a Rate Contract, to deliver the Tools, and, if

applicable, Related Services, as and when required to APBCCFC Ltd and named as Supplier in the

Purchase Order or Rate Contract and includes its representatives, affiliates, successors, and approved

assignees.

3.11 “Beneficiary” means the person eligible under ADARANA Scheme.

3.12 "Tools"- means all the goods, materials or items or related services to be supplied and delivered by

the Supplier to APBCCFC LTD as set out in the Purchase Order;

3.13 “Services” – means “Related Services” if applicable, incidental to the supply of the Tools, such as

insurance, assembly, installation, training, warranty and post warranty service, and such other

obligations of the Supplier;

3.14 “Terms and Conditions”-means these Terms and Conditions for the Selection of Supplier to Supply

Tools and/or Services under ADARANA Scheme and as may be updated in APBCCFC Ltd.’s sole

discretion from time to time;

3.15 “Term” mean the duration of this Supplier Agreement, starting on the Commencement Date. Where

applicable, it includes any extension(s) to the initial Term, if permitted and agreed.

3.16 "Legal Proceedings"- means any suits, proceedings, judgments, rulings or orders subject to the

Jurisdiction of Courts at Vijayawada. The laws of the State of Andhra Pradesh and India shall apply to

any such proceeding arising out of or in connection with this agreement;

3.17 “Scope of Work”- means the document which defines APBCCFC LTD’s objectives and Supply

requirements and specifies the Tool which must, or may, be provided under this Supplier Agreement;

3.18 “Related Services”- means the services incidental and ancillary to the supply of the Tools, such as

insurance, transportation, assembly, installation, commissioning, training, technical service, warranty

and post warranty service, and such other obligations of the Supplier in connection therewith;

3.19 “Rate Contract” means this agreement entered into between the Procuring Agency and Supplier (s)

(the successful Bidder(s)), as recorded in the agreements signed by the parties, including all

attachments and appendices thereto and all documents incorporated by reference therein. ;

4. Term of the Rate Contract



The Term of this Rate Contract including the Terms and Conditions (“T&C”) is for One Year

commencing from the signing of this Rate Contract.

5. GENERAL PROVISIONS

5.1 Jurisdiction and Governing Law

Courts at Vijayawada shall have exclusive jurisdiction over any or all disputes arising out of this Rate

contract and the Terms and conditions stipulated thereunder. The laws of the State of Andhra Pradesh

and India shall apply to any such proceeding arising out of or in connection with this Rate Contract.

5.2 Contractual Language

The language of the Contract and of all communications between the Parties shall be “English”. All bids, responses, communications, reports and recommendations given by the Supplier under these T&C shall be in “English”.

5.3 Coordination and General Queries

5.3.1 The Supplier and APBCCFC Ltd shall each appoint a representative duly authorized to issue and accept instructions with regard to the supply of Tools and/or the rendering of Services in terms of these T&C.

5.3.2 General queries relating to these T&C shall be forwarded to the VC & MD, APBCCFC Ltd. All

communications shall contain details of the Supplier, the relevant business unit(s) within APBCCFC Ltd to whom Tools are or are to be supplied and/or Services rendered or to be rendered as well as APBCCFC LTD's contract reference number.

5.4 Confidential Information

5.4.1 The Supplier understands and acknowledges that by reason of its relationship with APBCCFC Ltd, it may have access to certain information and materials concerning APBCCFC Ltd.’s business, plans, APBCCFC Ltd.'s customers and/or suppliers and technology that constitutes proprietary and confidential information of, and of substantial value to, APBCCFC Ltd ("Confidential Information") and which value would be impaired if such Confidential Information were disclosed to a third party. The Supplier agrees that it shall not use, in any way, for its own account or the account of any third party, nor disclose to any third party, any Confidential Information disclosed and/or revealed to it by APBCCFC Ltd other than to fulfill its express obligations under these T&C. The Supplier will take every reasonable precaution to protect the confidentiality of the Confidential Information.

5.4.2 The Supplier’s obligation not to disclose Confidential Information shall not apply where such Confidential Information is demonstrated by dated written documents -

5.4.2.1 to be in the public domain;

5.4.2.2 to have been obtained or acquired in good faith from a third party not under a similar obligation of confidence; and

5.4.2.3 to be required to be disclosed under the operation of law or pursuant to a lawful order of a court of competent jurisdiction, provided that the Supplier takes reasonable steps to first give APBCCFC Ltd sufficient prior notice to contest such order.

5.4.3 Immediately upon termination of these T&C the Supplier shall return to APBCCFC Ltd all Confidential Information (and all copies thereof) on any media which is in the Supplier’s possession or under its control, or shall at APBCCFC Ltd.’s election destroy all such Confidential Information and shall confirm in writing to APBCCFC Ltd that it has complied in all respects with the provisions of this clause.

5.4.4 The confidentiality obligations in terms of this clause 4.4 shall survive the termination of these T&C.

5.5 Non-Solicitation



During the term of these T&C and for 6 (six) months after any termination of these T&C, the Supplier shall not, without the prior written consent of APBCCFC Ltd, either directly or indirectly, on the Supplier's own behalf or in the service or on behalf of others, solicit or attempt to solicit, divert or hire away any person employed by APBCCFC Ltd or any customer of APBCCFC Ltd.

5.6 No Advertisement

The Supplier shall not, without the prior written consent of APBCCFC Ltd, advertise, publish or disclose to any person, in any manner, the fact that the Supplier has supplied or has contracted to supply Tools and/or render Services to APBCCFC Ltd.

5.7 Variation

No alteration or variation to, or consensual cancellation of, these T&C shall be of any force or effect unless it is recorded in writing and signed by the Supplier and the VC & MD on behalf of APBCCFC Ltd.

5.8 Entire Agreement

Save for the representations made by the Supplier inducing APBCCFC Ltd to enter into contracting with the Supplier, these T&C constitutes the entire agreement between the parties with regard to the subject matter thereof and supersedes all previous agreements, negotiations, representations and correspondence in respect of the subject matter of the Purchase Order.

5.9 Waiver

No failure by a party to enforce any provision of these T&C shall constitute a waiver of such provision or affect in any way a party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any right arising from any subsequent breach nullify the effectiveness of the provision itself.

5.10 Severability

5.10.1 In the event that any of the terms of these T&C are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining provisions, which shall remain of full force and effect. If any invalid term is capable of amendment to render it valid, the parties agree to negotiate an amendment to remove the invalidity and any failure to reach agreement on such amendment shall constitute a dispute capable of being resolved in terms of these T&C.

5.10.2 Any provision of these T&C which contemplates performance or observance subsequent to any

termination or expiration of this T&C, shall survive any termination or expiration of these T&C.

5.11 Conflict of Interest

The Supplier hereby represents and warrants that the execution of these T&C and the performance of the obligations of the Supplier hereunder will not breach or be in conflict with any other agreement to which the Supplier is a party or is bound and that the Supplier is not now subject to any covenants against competition or similar covenants that would affect the performance of the Supplier hereunder.

5.12 Cession and Assignment

5.12.1 The Supplier shall not be entitled to cede or assign or entrust or part with any or all of its rights and/or delegate its obligations under these T&C (including by way of subcontracting) without the prior written consent of APBCCFC Ltd. APBCCFC Ltd shall not be bound to give such consent and may withhold same without assigning any reason therefore or may grant such consent subject to such terms and conditions as APBCCFC Ltd may, in its absolute discretion, deem fit. Notwithstanding any permitted assignment, such assignment shall not relieve the Supplier of its obligations and liabilities in terms of these T&C.

5.12.2 APBCCFC LTD shall be entitled to cede any of its rights in terms of these T&C to any group company

or business unit of APBCCFC LTD.

6. NATURE OF THE RELATIONSHIP



6.1 Independent Contractors

6.1.1 The Parties are independent contractors to each other. Nothing in these T&C shall be construed to create a partnership, joint venture or agency relationship between the Parties.

6.1.2 The Supplier has no authority whatsoever to incur and may not incur any obligation on behalf of

APBCCFC LTD.

6.1.3 The Supplier is responsible for inter alia all costs and expenses howsoever and whatsoever necessary

to fulfil his contractual and other obligations.

7. STANDARDS OF DOING BUSINESS

7.1 Legal Formation

The Supplier warrants the following: 7.1.1 that the submission and or conclusion of these T&C and any agreement and Purchase Order has

been duly authorized by all necessary corporate or other organizational action on its part and do not violate or conflict with any law applicable to it, its organizational documents or any order or judgment of a court or other agency of government applicable to it or its assets;

7.1.2 that it has any and all necessary governmental and other third party permits, approvals and licenses

required to fulfill all obligations undertaken pursuant to these T&C;

7.1.3 that there are no insolvency proceedings pending or being contemplated by it or, to its knowledge,

threatened against it;

7.1.4 that it is financially sound and has sufficient cash flow to honour its obligations in terms of this T&C; and

7.1.5 that there are no Legal Proceedings pending or, to its knowledge, threatened against it or any of its

affiliates that are likely to affect the legality, validity, enforceability or its ability to perform its obligations under these T&C and Purchase Order.

7.1.6 The Supplier warrants that it is familiar with the requirements of the aforementioned legislation and shall ensure strict compliance.

7.1.7 It shall be the Supplier’s responsibility to provide a valid accredited certificate each and every year,

prior to the expiry date of same.

7.1.8 Notwithstanding anything contrary herein contained, non-compliance is tantamount to breach of these T&C and APBCCFC LTD may at its sole and absolute discretion terminate the Purchase Order or any agreement forthwith and or reject any proposed price increases or escalations.

7.2 Ethical Business Practices

7.2.1 The Supplier shall prohibit any of its employees and agents from offering, soliciting or accepting any advantage as defined in any applicable anti-corruption and bribery laws when conducting business in connection with these T&C.

7.2.2 The Supplier shall be committed to being a socially responsible corporate citizen, using honest and fair business practices and to act with integrity in the best interests of APBCCFC LTD;

7.2.3 The Supplier shall have a written code of business ethics and conduct and shall promote compliance with such code of business ethics and conduct.

7.2.3.1 Ensure corrective measures are promptly instituted and carried out.

7.2.4 The Supplier is and will remain in compliance with all applicable anti-corruption and bribery laws,

including the laws of the country in which Tools are produced and/or delivered and/or Services are



to be performed pursuant to these T&C.

7.3 Indemnity

7.3.1 The Supplier shall indemnify APBCCFC LTD against all loss, liabilities, damages, costs, legal costs, professional and other expenses of any nature whatsoever that APBCCFC LTD may suffer, sustain or incur, whether direct or consequential, arising out of or in connection with any breach of the aforesaid anti-corruption and bribery laws by the Supplier or his employees, agents or sub-contractors.

7.3.2 The Supplier, hereby assuming personal liability in respect of any act performed by its employees

and/or sub-contractors (if any), indemnifies and holds APBCCFC LTD, its officers, directors, employees and agents (collectively, the "Indemnified") harmless from and against, and shall, on demand, pay to the Indemnified the amount of any and all damages, claims, losses, expenses, costs, obligations and liabilities, including, without limiting or incurred in connection with:-

7.3.2.1 any breach of any representation or warranty made by the Supplier in connection with or pursuant to these T&C;

7.3.2.2 any Tools supplied and/or Services rendered by the Supplier in connection with or pursuant to these

T&C, including any defects therein; 7.3.2.3 any failure by the Supplier to perform, comply with and/or fulfill any of its obligations in connection

with or pursuant to these T&C; or 7.3.2.4 any litigation, proceedings or claims by any third party, for whatsoever cause and howsoever arising

(including, without limiting the generality of the aforesaid, breach or alleged breach of intellectual property rights of third parties) in connection with or pursuant to these T&C.

7.3.3 If any of APBCCFC LTD's employees shall have been or are utilized or employed by the Supplier to

operate Equipment in connection with or pursuant to these T&C, then for the duration of such period of use or employment, such APBCCFC LTD employee shall be deemed to be an employee of the Supplier for the purposes of this T&C.

7.4 Insurance

7.4.1 The Supplier, at its discretion, cost and expense, and for the duration of these T&C, procure and shall maintain in force insurance in reasonable form and amount having regard to the Tool supplied and/or Services rendered, the business carried on by the Supplier and the liabilities that may arise as a result of the carrying on of such business and the supply of Tools and/or the rendering of Services to APBCCFC LTD.

7.4.2 The Supplier shall, in relation to all insurance policies required to be maintained in terms of this T&C,

on demand, furnish APBCCFC LTD with:

7.4.2.1 Certificates or other evidence of all its insurance policies; and

7.4.2.2 Proof of payment of premiums in respect of its insurance policies.

7.5 Laws and Regulations

7.5.1 The Supplier shall inform itself of the content of and shall, at all times, comply with, and shall procure that its employees and sub-contractors (if any) are informed of and, at all times, comply with all laws and regulations in force from time to time. The Supplier warrants that the supply of Tool and/or the rendering of Services in terms of these T&C is not in breach or contravention of any law or regulation.



7.5.2 The Supplier shall ensure that, at all times during the supply of Tools and/or the rendering of Services to APBCCFC LTD -

7.5.2.1 all of its tools, implements, hardware and software components of whatsoever nature and

howsoever utilized by the Supplier are and shall have been regularly and properly maintained and tested in accordance with the manufacturer’s specifications and are and shall have been properly licensed in terms of all laws and regulations in force from time to time;

7.5.2.2 all its employees and sub-contractors (if any) shall have been properly trained and licensed in terms

of all laws and regulations in force from time to time to operate, and are physically capable of operating, anything utilized in the supply of Tools and/or the rendering of Services and are not under the influence of alcohol, medicines or other substances which may impair such ability;

8. LIMITATION OF LIABILITY

8.1.1 Under no circumstances will APBCCFC LTD be liable to the Supplier for any consequential, indirect, special, punitive or incidental damages from whatsoever cause and howsoever arising, whether in contract or Transit or otherwise and whether based on or in connection with these T&C, any commitment performed or undertaken by APBCCFC LTD or otherwise.

9. CONTRACT PRICE

9.1.1 Prices charged by the supplier for the tools supplied and the related services performed under the contract shall not vary from the prices quoted by the supplier in its bid with the exception of any price adjustment authorized by APBCCFC Ltd or as authorized in the Supply Requirements

9.1.2 If at any time, during the said period the Supplier reduces the sale price, sells or offers to sell such Tools to any person/ organization of Government of Andhra Pradesh then he shall notify disclose the price to MD APBCCFC and the remaining orders shall be done for the reduced price. The above stipulation will, however, not apply to:— (a) Export/Deemed Exports by the Supplier, (b) Sale of goods as original equipment prices lower than the prices charged for normal replacement, (c) Sale of goods such as drugs which have expiry dates, and (d) Tenders submitted in response to fixed quantity contract enquiries issued by APBCCFC.

9.1.3 During the Rate contract period supplier may voluntarily offer to supply the items at the lesser price than the ones present in Rate contract.

10. LIQUIDATED DAMAGES

if the Supplier fails to deliver any or all of the Goods by the Date(s) of delivery or perform the Related Services within the period specified in this Contract, the Purchaser may without prejudice to all its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage (specified in the SLA and Penalties section) of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delay until actual delivery or performance, up to a maximum deduction of the 4% percentage . Once the maximum is reached, the Purchaser may terminate the Contract.

11. INVOICING, PAYMENT AND SET-OFF

11.1 Invoicing

11.1.1 The Supplier shall, raise a written invoice against each Purchase order raised by the consignee and the consignment shall be delivered strictly at the place and within the time specified in the Purchase Order. The invoice shall be in proper form and format with APBCCFC Ltd. All the details of the Tools, specifications if any, description, quantity, period of delivery and/or Services supplied to APBCCFC



LTD or BC Corporation in the district, if specified in the Purchase Order.

11.1.2 Subject to clause 13 hereunder, the Supplier shall ensure delivery of all the Tools in proper form and working condition without any damage, defect, loss or which is incapable of use to APBCCFC Ltd or BC Corporation in the district, as specified in the Purchase Order. The Tools supplied shall be subject to the standards for Grounding and Third Party Evaluation conducted by APBCCFC Ltd. A tax invoice for the approved order value shall be delivered by the Supplier to APBCCFC Ltd.

11.1.3 In the event that APBCCFC Ltd does not approve the amount set out in the Invoice or a dispute arises

over an invoice delivered to APBCCFC Ltd, the parties shall use reasonable endeavours to resolve the dispute, failing which it shall be resolved in terms of Clause 11 hereof. During such period, the Supplier shall not be entitled to suspend the supply of Tools and/or Services to APBCCFC Ltd in terms of these T&C. In the event that APBCCFC Ltd, in its sole and absolute discretion, pays an undisputed portion of the amount reflected in a tax invoice or Certificate, such payment shall be without prejudice to APBCCFC Ltd.'s rights to pursue or defend any claim on the disputed portion reflected in such tax invoice.

11.1.4 Payment shall only be made against tax invoices from the Supplier complying in all respects with the

GST Act, 2017.

11.1.5 The total amount in the invoice shall not exceed the PO value.

12. Service Level Agreement (SLA) & Penalties

12.1 Service Level Agreement (SLA)

12.1.1 Suppliers to conclude the ‘Supplier Agreement’ upon notification by Purchaser in 7 days 12.1.2 Order Acknowledgement by the supplier – within 48 Hours or 2 business days of receiving the

intimation 12.1.3 Submission of performance security in the form of BG- 5% of order value of each order by Supplier –

within 1 week of the receipt of the Purchase order 12.1.4 Delivery of the Tools to the final destination as prescribed by Purchaser – within 45 days of receipt of

the order acknowledgement. 12.1.5 Resolving Complaints lodged by the Beneficiary on the tools - within 7 days of the receipt of the

complaint. 12.1.6 Replacement of the faulty tools covered under Warranty period – within 15 days of the receipt of

the issue 12.1.7 Post warranty SLAs to be defined for the tools as per the rate contract and as provided in the bid

response to this RFP. 12.1.8 Any Material deviation in the tools delivered or damaged tools will be rejected by the purchaser. The

suppliers are required to replace the tools within one week of such incident.

12.2 Penalties

12.2.1 Order Acknowledgement 0.1% of the total order value per every day’s delay. The total penalty applicable shall be cumulative of the penalty for total number of days of delay. The payment of the order will be made after deducting the total penalty amount

12.2.2 Order delivery to Mandal Storage facility 0.5% of the total order value per every 7 days’ delay. The total penalty applicable shall be cumulative of the penalty for total number of period of days of delay. The payment of the consignment will be made after deducting the total penalty amount



12.2.3 Warranty support – attending to the complaint received from beneficiary

0.5% of the total value of the tool per every day’s delay. The total penalty applicable shall be cumulative of the penalty for total number of days of delay. The supplier is required to remit the amount to the VC & MD, APBCCFC Ltd.

12.2.4 Warranty support - Replacement of faulty items 0.5% of the total value of the tool per every day’s delay. The total penalty applicable shall be cumulative of the penalty for total number of days of delay. The supplier is required to remit the amount to the VC & MD, APBCCFC Ltd.

12.3 Payment

12.3.1 Subject to the due and proper fulfillment of all the Supplier's obligations in terms of this Agreement and on submission of original tax invoices to APBCCFC Ltd. Payment will, as far as possible and unless otherwise specified by APBCCFC Ltd, be processed as per the payment terms defined below.

12.3.1.1 70% of Unit cost to the firm upon grounding of the tools. Note - Grounding shall mean “two (2) days after the beneficiary has received the tool (including Installation / assembling) or fifteen (15) days after the supply of the tool to the designated delivery location, whichever is earlier”.

12.3.1.2 30% of the Unit cost post Third party evaluation of the tools or within 45 days from the date of supply of tools to the designated locations.

12.3.2 The payment will be processed subject to the prevailing GST rates on the date of supply of the tools. Accordingly the supplier shall submit the invoices with the latest GST Rates applicable on the tools supplied. The supplier shall be entirely responsible for all taxes, duties license fees, etc. incurred until delivery of the contracted goods to the purchaser.

12.3.3 The Supplier shall not be entitled to interest on any amount owed by APBCCFC LTD to the Supplier, whether in terms of these T&C or otherwise, and APBCCFC LTD shall not incur any liability to the Supplier as a result of the payment of any amount due in terms hereof at any time after the last or due date for payment thereof (including consequential damages).

12.3.4 APBCCFC Ltd shall pay the Supplier by electronic funds transfer to the account specified.

13. BREACH AND TERMINATION

13.1 The Supplier shall have committed an "Event of Default" if the Supplier shall have:-

13.1.1 breached any of the provisions of, or shall not have performed all or any single part of its obligations

under, this Agreement; 13.1.2 misappropriated a trade secret or infringed or violated of any intellectual property rights, proprietary

rights or personal rights of any third party, including any claim that any Deliverable or any use thereof (or the exercise of any rights with respect thereto) infringes, violates or misappropriates any patent, copyright, trade secret, trademark, trade dress, mask work, utility design, or other intellectual property right or proprietary right of any third party;

13.1.3 furnished any statement, representation, warranty or certification in connection with these T&C, the RFP or the Proposal that is false, deceptive, or materially incorrect or incomplete;

13.1.4 made a compromise or composition or a threatened compromise or composition with its creditors;



13.1.5 committed an act of insolvency, or would have committed an act of insolvency if it had been a natural person, dissolved or ceased to trade in the normal course of business, shall have been provisionally or finally wound-up or placed under a provisional or final order of judicial management;

13.1.6 undergone a change in ownership or management during the subsistence of these T&C without prior intimation and submission of No Claims Certificate to APBCCFC Ltd;

13.1.7 according to APBCCFC Ltd.’s determination or belief that the Supplier has engaged in conduct that: (a) has or may expose the APBCCFC Ltd to material liability, or (b) has caused or may cause a person’s life, health or safety to be jeopardized;

13.1.8 conducted its dealings with APBCCFC LTD dishonestly, unethically or in a corrupt manner; and/or

13.1.9 by reason of its directors, managers or members been involved in criminal activities or shall have committed an offence and sentenced to imprisonment without the option of a fine; or

13.1.10 had its corporate existence or good standing in its jurisdiction of incorporation is suspended, terminated, revoked or forfeited, or any license or certification held by Supplier related to Supplier’s performance under these T&C suspended, terminated, revoked, or forfeited; or

13.1.11 infringed or allegedly infringed or violated any patent, trademark, trade secret, copyright, or any other intellectual property right or proprietary right, or Supplier misappropriates or allegedly misappropriated a trade secret.

13.1.12 Should the Supplier have committed an Event of Default, then APBCCFC LTD shall, in its sole and absolute discretion, be entitled to -

13.1.13 give the Supplier written notice calling upon the Supplier to remedy any such Event of Default within the period set out in such notice; and/or

13.1.14 the Supplier shall have failed to remedy the Event of Default, provided that APBCCFC LTD shall be entitled to recover damages in lieu of the Penalty; and/or

13.1.15 cancel this T&C or to claim immediate payment and/or specific performance by the Supplier of all the Supplier's obligations whether or not the due date for payment and/or performance shall have arrived, without prejudice to APBCCFC LTD’s rights to claim damages and to such other rights as APBCCFC LTD may have at law or in terms of these T&C.

13.1.16 Should the operations of any entity constituting APBCCFC LTD cease or be curtailed, APBCCFC LTD shall be entitled but not obliged to terminate these T&C by giving (15) fifteen business days written notice to such effect to the Supplier and without payment to the Supplier of any damages whatsoever including, without limitation, consequential damages and loss of business and/or profits resulting from such termination.

13.1.17 All legal costs incurred by APBCCFC LTD in successfully enforcing its rights against the Supplier in consequence of any breach of these T&C shall be payable by the Supplier, on demand, on the scale as between attorney and own client and shall include collection charges, the costs incurred by APBCCFC LTD in endeavoring to enforce such rights prior to the institution of legal proceedings and the costs incurred in connection with the satisfaction or enforcement of any judgment awarded in favor of APBCCFC LTD in relation to its rights in terms of or arising from these T&C.

13.1.18 Upon termination of these T&C -

13.1.19 APBCCFC LTD's liability to the Supplier shall be limited as set out in these T&C and to the amounts, if any, in respect of properly supplied and/or rendered and accepted Tools and/or Services as at the date of termination; and/or



14. FORCE MAJEURE

14.1.1 Neither party shall have any claim against the other party ("Affected Party")

14.1.2 for any failure of the Affected Party to carry out any of its obligations under these T&C arising from or attributable to acts of God, strikes, lock-outs, labour action or unrest, civil commotion, riots, war, threat of or preparation for war, breaking off of diplomatic relations, fire, explosion, sabotage, storm, flood, earthquake or any other cause or contingency beyond the control of that party (“Force Majeure”) provided, where reasonably foreseeable, prior notice of the occurrence of an event of Force Majeure was given by the Affected Party to the other party.

14.1.3 The performance of the obligations of the Affected Party shall be suspended for the duration of an event of Force Majeure. Upon cessation of an event of Force Majeure, these T&C shall against become fully operative and the Affected Party shall immediately resume its performance.

14.1.4 If the suspension of performance continues for more than 30 (thirty) consecutive calendar days, then APBCCFC LTD may immediately terminate these T&C by written notice to the Supplier.

15. DISPUTE AND ARBITRATION

15.1 Save as provided to the contrary in these T&C, any and all disputes between the parties relating to or arising from the provisions of these T&C shall be referred to a joint committee comprising the duly authorized representative of the Supplier and APBCCFC LTD’s VC&MD, or alternates appointed by them, who will use their best endeavors to amicably resolve the dispute within (14) fourteen calendar days of it having been referred to them.

15.2 Should any dispute not be resolved in accordance with 11.1, either Party shall be entitled, on written notice to the other party, to require that the dispute be referred to arbitration and such dispute shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.

15.2.1 The provisions of this 11 shall not preclude any party from approaching the appropriate court of law for interim relief in the form of an interdict, mandamus or order for specific performance pending the outcome of the arbitration.

15.2.2 The Supplier shall not be entitled to withhold and or suspend the supply of Tools and/or the

rendering of Services in terms of these T&C pending the resolution of a dispute between the parties in terms of this 11.

16. SUPPLY OF GOODS AND SERVICES

16.1 Deliveries and Collection

16.1.1 Tools shall be delivered by the Supplier on the days, between hours and in loads of minimum and/or maximum quantity as may from time to time be prescribed by APBCCFC LTD. The Supplier warrants and undertakes to provide safe collection vehicles suitable for delivering Tools of the type and quantity to be delivered/collected and compatible with the facilities available at the APBCCFC LTD location. Vehicles must be insured, licensed and in proper roadworthy condition. Drivers of vehicles must be qualified, equipped for taking delivery of Tools and must strictly comply with all safety and other requirements of any applicable law and as stipulated by APBCCFC LTD at each location. APBCCFC LTD shall not be liable for any accident, loss, damage, claim, liability, cost or expense during transit and accepts no liability for any damage, losses, claims, liabilities, costs and expenses of any kind arising from the Supplier’s failure to comply with the provisions of this clause.

16.2 Ownership, Risk and Intellectual Property Rights



16.2.1 Ownership of and the risk in and to Tools supplied by the Supplier shall vest in APBCCFC LTD upon delivery and ownership of and the risk in and to Tools constituting Consignment Products (as defined in terms of a Supply Agreement between the Supplier and APBCCFC LTD) shall vest with APBCCFC LTD when used and/or consumed by APBCCFC LTD.

16.2.2 Intellectual property rights, including, without limitation, all know-how, trade secrets, patent and copyright resulting from the provision of Services by the Supplier shall vest in APBCCFC LTD. The Supplier shall take all necessary steps to ensure that APBCCFC LTD obtains full legal title.

16.2.3 The Supplier shall within a reasonable period of written demand by APBCCFC LTD, appoint any

director of APBCCFC LTD with power of attorney for and on behalf of the Supplier to do all such things as may be necessary to give effect to the provisions hereof.

16.3 Warranties, Inspection and Returns

16.3.1 The Supplier warrants that for the (12) twelve month period commencing on the expiry of the (30) thirty day period, referred to 12.3.4 or such longer period as may be applicable in relation to the particular Tools and/or Services in question, all Tools and/or Services supplied to APBCCFC LTD are and shall be:-

16.3.2 free of any claim of any nature by any third person;

16.3.3 in conformance with the specifications, plans, instructions, samples or other descriptions

furnished to or accepted by APBCCFC LTD;

16.3.4 of merchantable quality, free from any defect (latent or patent), and whether in design, workmanship and/or materials; and

16.3.5 Fit and sufficient for ordinary use and/or, the particular purpose for which they are purchased and/or any of APBCCFC LTD's specific requirements disclosed to the Supplier.

16.3.6 The Supplier warrants that it has necessary and sufficient skills and personnel to supply the Tools and/or render the Services in terms of these T&C and that the supply of the Tools and/or the rendering of the Services in terms hereof shall not infringe the rights of any third party (including, without limitation, intellectual property rights).

16.3.7 The warranties are in addition to and are not to be construed as restricting or limiting any warranties or APBCCFC Ltd.'s remedies, express or implied, whether in terms these T&C, law or otherwise.

16.3.8 In addition to APBCCFC Ltd.'s rights in law or in terms of these T&C, APBCCFC Ltd may within the (30) thirty day period commencing on delivery of Tools or purported completion of the rendering of Services by the Supplier, in its sole and absolute discretion, reject any defective service rendered, and/or return any excess or defective Tools or Tools not in accordance with APBCCFC Ltd.'s specifications or this Agreement ("Non- Conforming") supplied by the Supplier to APBCCFC Ltd. The Supplier shall, on demand, reimburse APBCCFC Ltd the purchase price of such Non-Conforming or defective Tools and/or defective Services as well as all of APBCCFC Ltd.'s costs incurred as a result of the rejection of such Non-Conforming, excess or defective Tools and/or defective Services.

16.3.9 At APBCCFC Ltd.'s sole and absolute discretion, the Supplier shall, at its cost and expense, replace defective and/or Non-Conforming Tools and/or shall remedy any defect in the Services rendered.

16.3.10 All rejected, excess or Non-Conforming Tools shall be held for a reasonable period of time for collection/return in accordance with the Supplier's instructions and at the Supplier's risk and expense and, if the Supplier so directs, shall be returned to the Supplier at the Supplier’s risk and expense, provided that, in the absence of any instruction from the Supplier, APBCCFC Ltd shall be



entitled to dispose of such rejected, excess or Non-Conforming Tools as APBCCFC Ltd, in its sole and absolute discretion, may deem appropriate in the circumstances and may utilize the proceeds, if any, to defray APBCCFC Ltd.'s costs of storage of such rejected, excess or Non-Conforming Tools.

16.3.11 The use or consumption of, or payment in respect of Tools supplied and/or Services rendered shall not constitute acceptance thereof by APBCCFC Ltd and such use, consumption or payment, if any, shall be without prejudice to, nor shall it constitute any waiver of, any rights and/or claims APBCCFC Ltd may have in terms of this T&C or in law.

16.4 Performance and Delivery

16.4.1 Time is of the essence of this contract with regard to the supply of any Tools and/or the rendering of

Services. Any failure by the Supplier owing to any reason in supplying the Tools under any purchase

order issued by APBCCFC Ltd, within the time stipulated thereunder, and incomplete rendering of

Related Services or provision of Defective Tools, by the date due therefor, shall entitle APBCCFC LTD

to cancel these T&C and/or to claim damages without prejudice to any other rights APBCCFC Ltd may

have in terms of these T&C and/or in law.

16.4.2 All of the costs associated with the supply of Tools and/or the rendering of the Services to APBCCFC

LTD, including, without limitation, labour, plant, machinery and the costs and charges associated with packaging and/or delivery, loading, unloading unless otherwise expressly stated, shall be borne and paid by the Supplier.

16.5 Performance Security

16.5.1 The Supplier shall, within Ten (10) days of the notification of contract award, provide a performance security for the performance of the Contract. The Performance Security shall be 5% of order value for each order separately.

16.5.2 The proceeds of the Performance Security shall be payable to the APBCCFC LTD as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the T&C.

16.5.3 The Performance Security shall be discharged by the Purchaser and returned to the Supplier not later than twenty-eight (28) days following the date of Completion of the Supplier’s performance obligations under the T&C, including any warranty obligations

16.6 Work Delayed

16.6.1 Should the Suppliers’ obligations not be performed within the period or on or before the date as stipulated by APBCCFC LTD, or if no such date be stipulated, should the Supplier fail to perform its obligations within a reasonable period, APBCCFC LTD shall be entitled in its sole and absolute discretion, to procure the Services from other service providers at the Supplier’s cost and expense, even where such cost and expense exceeds the purchase price of the Services to be rendered by the Supplier, and provided that the failure to perform is not attributable to any of the circumstances set out in the force majeure clause.

16.6.2 if APBCCFC LTD, in its sole and absolute discretion, considers the non- performance to be rectifiable, it shall require the Supplier to perform its obligations and the Supplier shall be obliged to effect performance thereof by means other than those stipulated and any costs so incurred shall be to the account of the Supplier, unless the failure to perform its obligations is attributable to any of the circumstances as set out in the force majeure clause.

16.6.3 The Supplier warrants that it is not a party to any existing or previous agreement or arrangement which prevents it from entering into these T&C or adversely affects its ability to perform its obligations under these T&C.



16.6.4 The Supplier will not perform Services for any person or entity if such Services could, in the

reasonable opinion of APBCCFC LTD, lead to a conflict with the Supplier’s obligations for the purposes of these T&C.

16.7 Quality Assurance/Quality Control

16.7.1 The Supplier guarantees that the quality, quantity and outward appearance of the delivered Tools and Services comply with the requirements of these T&C and/or relevant specifications.

16.7.2 The Supplier guarantees that accessories, spare parts and user’s instructions belonging to the

delivered Tools and Services are also delivered.

16.7.3 The Supplier guarantees that the delivered Tools are the same in all respects as the sample and/or

models provided by the Supplier. The Supplier shall adopt and establish an effective quality management system designed to ensure compliance with the requirements of ISO 9001 (or equivalent) and all relevant ISI, ISO, OSHA, EN, ANSI etc. standards and demonstrate that the Tools and Services conform to specification

16.8 Packaging

16.8.1 The Supplier shall, in supplying the Tools and/or Services, adequately protect all Tools, sub-

assemblies and parts supplied in terms of these T&C against harmful forces of nature, and to prevent damage resulting during transit or delivery or from handling of the Tools by ensuring fool proof packaging. The Supplier shall ensure that such packaging shall bear the name of the beneficiary, address, unique ID etc. given to Beneficiary, APBCCFC LTD shall refuse to accept Tools or parts in the case of non- compliance with the packaging requirements.

16.8.2 Generally, all Tools must be protected to prevent damage resulting from –

16.8.2.1 ingress of water or moisture;

16.8.2.2 rust or other forms of corrosion;

16.8.2.3 contamination of and by oil;

16.8.2.4 mechanical damage during handling or storage;

16.8.2.5 ingress of dirt; and

16.8.2.6 excessive heat or sun.

16.8.3 The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during their transit to their final destination. The packing apart from the above stated 6 factors, shall be sufficient to withstand, without limitation, rough handling and exposure to extreme temperatures, humid weather and precipitation during transit and open shortage. The sizes and weights of the packing cases shall also take into consideration, where applicable, the available inland mode(s) of transport in India and the remoteness of the goods’ final destination. Further, limitations and /or mandatory instructions, if any in the weight, volumes and sizes of the packages as per the Legal Metrology Act and Rules made thereunder shall be complied by the supplier.

16.8.4 The packing marking and documentation within and outside the packages shall comply strictly with such special requirements if any as shall be expressly provided for in the contract, including additional requirements, if any, specified in the Supply Requirements and any subsequent instructions given by the purchaser.

16.8.5 The supplier will be required to make separate packages for each consignee named in the contract.



Each package will be marked by the supplier at its own expense, on three sides with indelible ink/paint, with the following details:

a. Contract No, and date

b. Name and address of the consignee

c. Details of Beneficiary (including Name, address)

d. Name and address of the supplier

e. Brief description of goods

f. Gross weight and outer dimension of the package

g. Place of origin of goods

h. Packing list reference No. and

i. And any other requirement, relevant to the contract.

16.9 SUBMISSION OF DISPATCH DOCUMENTS

16.9.1 Within 24 hours of dispatch of the goods, the supplier shall notify the complete dispatch details to the purchaser and/or the purchaser’s nominated authorities (as specified in the contract) and the insurance company. The supplier shall also mail the specified number of copies of the following documents to them:

i) The supplier’s invoice showing contract number, description of goods, quantity, unit price

and the total amount;

ii) Railway receipt or Delivery note;

iii) Packing list identifying contents of each package;

iv) Insurance certificate; (if insurance availed)

v) Manufacturer’s/Supplier’s warranty certificate;

vi) Pre-dispatch inspection certificate issued by the purchaser’s nominated inspection agency (is

so specified) and the supplier’s factory inspection report; and

vii) Certificate of origin.

The purchaser shall receive the documents at least two days before the arrival of the goods (except where it is handed over to the consignee with all the documents) and if not received, the supplier will be responsible for any consequent expenses.

17. SUPPLY REQUIREMENTS

17.1 SCOPE OF WORK

17.1.1 The Supplier shall perform the Services in accordance with the Supply Requirements with all reasonable care, diligence and skill in accordance with specification and generally accepted professional techniques and standards.

17.2 The Supplier warrants and represents that:

17.2.1 it has carefully examined all parts of APBCCFC LTD’s premises where the Services are to be performed

or which are otherwise relevant to the performance of the Services;



17.2.2 it has fully informed itself by all such tests and examinations as are reasonably necessary of any

conditions and limitations that might affect its ability to perform the Services in accordance with the terms of these T&C;

17.2.3 it will render the Services with a high degree of professional skill, care and diligence, experience,

qualifications, staff and capability and will execute the Services efficiently and expeditiously to APBCCFC LTD in accordance with the specification and best professional standards and the terms of this T&C;

17.2.4 it has the power to enter into and perform its obligations under this T&C,

17.2.5 all personnel used to provide the Services will be vetted in accordance with good industry practice,

and all APBCCFC LTD’ and any other applicable security policies and standards;

17.2.6 The Supplier’s personnel, engaged within the boundaries of APBCCFC LTD’s designated premises, shall

comply with such rules, regulations, requirements and advisory notices (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at or outside APBCCFC LTD’s designated premises.

17.2.7 It has and will retain and will keep in force all titles, permits, licenses, and certificates necessary for it

to perform its obligations and duties under these T&C and shall comply with all applicable laws, rules and regulations relating to the Services; and

17.2.8 APBCCFC LTD’s use and possession of the Services or any part thereof in accordance with the terms

of these T&C shall not infringe any Intellectual Property Rights of any third party.

17.2.9 The Supplier will keep accurate records for the purposes of demonstrating compliance with the

requirements stipulated in these T&C and the Purchase Order.

17.3 The Supplier shall take the steps reasonably required by APBCCFC LTD to prevent unauthorized

persons being admitted to APBCCFC LTD’s designated premises. Supplier shall provide an advanced notice to APBCCFC LTD on the authorized person’s name and identity etc.

17.4 Tools Inspection Procedure

17.4.1 Where the Services to be rendered in terms of these T&C include replacement and/or repair work –

17.4.2 a report detailing external visible damage and/or the presence or absence of components at the time

of receipt of Tools at the APBCCFC Ltd designated location shall be provided by the Supplier along with APBCCFC Ltd designated official;

17.4.3 All measurements and findings shall be recorded and compared to the original manufacturer’s

specifications and shall be used to determine whether any part is fit for replaced or is to be repaired;

17.4.4 On completion of inspection and identification of machine and parts requirements, the Supplier shall

be liable to replace the Tools with a new unit as per the Service Level Agreement (SLA) defined in the Supply Requirements.



(Placeholder)

Annexure 1

Attested Bid document, Bid Forms, Schedules (including Addendum 2 Final Price Schedules)



(Placeholder)

Annexure 2 Details of Tools including Warranty / Post Warranty

support and Delivery Schedule



1. List of Tools and applicable warranty

Sl. No Name of the Tool Warranty Period

1

2. Assembling and Arrangements for the Tools

S No Name of the Tool Assembling & Installation support to be provided by the supplier

Arrangements to be made by the Beneficiary

1

3. List of Tools and conditions applicable under warranty and post warranty period

Sl. No

Name of the Tool

Support during the Warranty Period

Exclusions during Warranty Period

Post Warranty Period Support

1

4. Agreed Delivery Schedule

Sl. No

Name of the Tool

Batch Details Delivery Period

1



3.2. Section VII - Contract Forms

1. Letter of Award

[Letterhead paper of the Purchaser]

[date]

To: [name and address of the Supplier]

Subject: Notification of award Contract No. . . . . . . . . . .

This is to notify you that your Bid dated . . . . [insert date] . . . . for execution of the . . . . . . . . [insert name of the contract and identification number, as given in the BDS] . . . . . . . . . . for the Accepted Contract Amount of . . . . . . . . . [insert amount in numbers and words and name of currency], as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency. You are requested to furnish (i) the Performance Security within 7 days in accordance with the

Conditions of Contract, using the Performance Security Forms included in Section, Contract Forms, of

the Bidding Document.

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Contract Agreement



2. Performance Security

Bank Guarantee

[The bank, as requested by the successful Bidder, shall fill in this form in accordance with the instructions indicated]

Beneficiary: [insert name and Address of Purchaser]

Date: [Insert date of issue]

PERFORMANCE GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that _ [insert name of Supplier] (hereinafter called "the Applicant") has entered into Contract No. [insert reference number of the contract] dated [insert date] with the Beneficiary, for the supply of tools under ADARANA Scheme (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures] ( ) [insert amount in words], such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating that the Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or to show grounds for your demand or the sum specified therein.

This guarantee shall expire, no later than the …. Day of ……, 2……., and any demand for payment under it must be received by us at this office indicated above on or before that date.

_____________________

[signature(s)]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted

from the final product.



3.3. Section VIII – Details of District wise Executive Directors

1

The Executive Director,

Dist. Backward Classes

Service Coop. Society Ltd.,

SRIKAKULAM – 532001,

(A.P).

2




Chenna Reddy Bhavan,

VIZIANAGARAM – 531 201,

(A.P).

3




Samkpshema Bhavan,

M.V.P. Colony, Sector9,

VISAKHAPATNAM – 530 017

(A.P)

4




Collectorate Compound,

KAKINADA, EAST GODAVARI

-533001, (A.P).

5





ELURU, WEST GODAVARI-

534001, (A.P).

6





MACHILIPATNAM, KRISHNA -

521001, (A.P).

7




S.W. Complex Bhavan,

Back Side Of Z.P.Office,

GUNTUR – 518001, (A.P).

8




Pragathi Bhavan,

South Bypass, ONGOLE

PRAKASAM – 523002, (A.P).

9




Dr. B.R. Ambadkar Bhavan,

Subedarapeta,

SPSR NELLORE – 524001, (A.P).

10




Samkshema Bhavan,

KURNOOL – 517001, (A.P).

11




D.No. 12-3-879,

Vidyut Nagar,

ANANTHAPUR – 515001,

(A.P).

12




New Collectorate Complex,

D. Block, DG2,

Ground Floor, RIMS Road,

YSR KADAPA – 516 004, (A.P).

13




R.V. Reddy Colony,

CHITTOOR – 517001, (A.P).



3.4. Section IX – Final Delivery Locations of the Tools

The contacts and delivery locations at the Assembly constituencies across the State will be

communicated with the successful bidders