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Instruction to Tenderer Copyright @ DVET 2012 Page 1 of 35 Government of Maharashtra Directorate of Vocational Education & Training (DVET), Maharashtra State 3, Mahapalika Marg, Mumbai 400 001. Website: www.dvet.gov.in Email: [email protected] Phone No: 022-22620603/04/293 Fax No: 022-2659235 e-Tendering Parent Portal : https:// maharashtra.etenders.in DVET Child portal : https://dvet. maharashtra.etenders.in Tender for supply of Specialized Wireman ToolSet Non Transferable If any assistance is required regarding e-Tendering (registration/upload/download) please contact GoM e- Tendering Help Desk on number : 020-25315555 /56 Tender referance No.- TE No.12251/ Specialized Wireman Toolset /2012-13 Last date for submission of tender : 22/03/2013 up to 11:00 hrs

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Page 1: Government of Maharashtradvet.maharashtra.etenders.in/tpoimages/dvet/tender/Tender149.pdf · II or Class III Digital Certificates. The tender should be prepared & submitted online

Instruction to Tenderer

Copyright @ DVET 2012 Page 1 of 35

Government of Maharashtra

Directorate of Vocational Education & Training (DVET), Maharashtra State

3, Mahapalika Marg, Mumbai – 400 001.

Website: www.dvet.gov.in Email: [email protected]

Phone No: 022-22620603/04/293 Fax No: 022-2659235

e-Tendering Parent Portal : https:// maharashtra.etenders.in

DVET Child portal : https://dvet. maharashtra.etenders.in

Tender for supply of Specialized Wireman ToolSet

Non Transferable

If any assistance is required regarding e-Tendering (registration/upload/download) please contact GoM e-

Tendering Help Desk on number : 020-25315555 /56

Tender referance No.- TE No.12251/ Specialized Wireman Toolset /2012-13

Last date for submission of tender : 22/03/2013 up to 11:00 hrs

Page 2: Government of Maharashtradvet.maharashtra.etenders.in/tpoimages/dvet/tender/Tender149.pdf · II or Class III Digital Certificates. The tender should be prepared & submitted online

Instruction to Tenderer

Copyright @ DVET 2012 Page 2 of 35

Digitally sealed tenders ( Two- Bid System) as per e-tendering system are invited by office of Directorate of

Vocational Education & Training (DVET), Maharashtra state, from reputed manufacturers for the supply of

following items necessary for practical training in various Govt. Training Institutes in Maharashtra State.

NOTICE DETAILS :

TENDER SCHEDULE : Please Note : All bid related activities (Process) like Tender Document Download, Bid Preparation, Bid

Submission will be governed by time schedule given as per Key dates mentioned below

Sr. No. Activities Start date & Time -- Expiry Date & Time

1 Online Tender Release 25/02/2013 at 10.00 Hrs To 28/02/2013 at 18.00 Hrs

2 Online Tender Document Download 28/02/2013 at 18.01 Hrs T0 20/03/2013 at 16.00 Hrs

3 Online Tender Bid Preparation 28/02/2013 at 18.01 Hrs To 20/03/2013 at 16.00 Hrs

4 Online Technical Bid Closing 20/03/2013 at 16.01 Hrs To 21/03/2013 at 16.00 Hrs

5 Online Commercial Bid Closing 20/03/2013 at 16.01 Hrs To 21/03/2013 at 16.00 Hrs

6 Online Submission of Bid 21/03/2013 at 16.01 Hrs To 22/03/2013 at 11.00 Hrs

*7 Online Tender Opening(Technical) 22/03/2013 at 11.01 Hrs To 25/03/2013 at 17.00 Hrs

*8 Online Tender Opening(Commercial) 22/03/2013 at 11.01 Hrs To 25/03/2013 at 17.00 Hrs

Departmental Activity

Bidders Activity

* Exact date of opening of technical and commercial bids shall be notified in the Press

Notice / Corrigendum section of the website before opening of the same.

Tender Notice no. 16/DVET/TE-006/12251/2012-13

Cost of blank tender document Rs 2000/-

EMD Amount 3% of the offer OR maximum Rs 5000/-

Last Date and Time of Submission of Demand

Draft for Tender document Fees and for EMD

22/03/2013 , 16.00 hrs

Date, Time and place of online opening of Tender 22/03/2013 -11.01 hrs to 25/03/2013 -17.00 hrs

Delivery period 6 To 8 Weeks from the date of issue of Purchase order

Tender shall remain valid till up to 31st March, 2013. from the date of submission of offer

Name of the work supply of Specialized Wireman Toolset

Page 3: Government of Maharashtradvet.maharashtra.etenders.in/tpoimages/dvet/tender/Tender149.pdf · II or Class III Digital Certificates. The tender should be prepared & submitted online

Instruction to Tenderer

Copyright @ DVET 2012 Page 3 of 35

GENERAL INSTRUCTIONS:

To view- Tender Notice, Detailed Time Schedule, Tender Document for this Tender and

subsequently purchase the Tender Document and its supporting documents, kindly visit following e-

Tendering website of Government of Maharashtra: https://maharashtra.etenders.in

The Contractors participating first time for e-Tenders on GoM e-tendering portal will have to

complete the Online Registration Process for the e-Tendering portal.

All bidders interested in participating in the on-line e-Tendering process are required to obtain Class

II or Class III Digital Certificates. The tender should be prepared & submitted online using

individual’s digital signature certificate.

An important Training Workshop on e-Tendering procedure will be held on 6/03/2013 11:00

Hrs. at DVET Mumbai. All the bidders or their representatives with valid authorization are

requested to confirm their participation by sending an e-mail to [email protected]

on or before 5/03/2013 before 17:30 Hrs.

Bidders Tool Kit link (detailed Help documents, designed for bidders) has been provided on e-

Tendering website in order to guide them through different steps involved during e-Tendering such

as online procedure for tender document purchase, bid preparation, bid submission.

If any assistance is required regarding e-Tendering (registration / upload / download) please contact

GoM e-Tendering Help Desk on number: 020 – 25315555/56

PURCHASE AND DOWNLOADING OF TENDER FORM:

The tender document is uploaded / released on Government of Maharashtra, (GOM) e-tendering

website https://maharashtra.etenders.in. Tender document, tender form ( Annex-B) and supporting

documents may be purchased and downloaded from following link of Directorate of Vocational

Education & Training on e-Tendering website of Government of Maharashtra,

https://dvet.maharashtra.etenders.in by filling Demand Draft/Pay Order details online.

Subsequently, bid has to be prepared and submitted online ONLY as per the schedule.

Tender forms will not be sold / issued manually from DVET Mumbai office

Only those Tender offers shall be accepted for evaluation for which non-refundable Tender Fee of

Rs.2000/- ( INR Two Thousand Only), in the form of Demand Draft / Pay Order Order drawn in

favour of “Director of Vocational Education & Training, Maharashtra State, Mumbai ”

payable at par at Mumbai, is deposited in the office of Mumbai on or before scheduled date given in

NOTICE DETAILS of the tender on working days.

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Instruction to Tenderer

Copyright @ DVET 2012 Page 4 of 35

CONTENTS

Clause No. Particulars Page No. 1 Introduction 3

2 Process of Submission of Tender 3

3 Deadline for submission of Tender 4

4 Eligibility Criteria for this Tender 5

4.1 Basic Eligibility criteria 5

4.2 Technical Eligibility Criteria 7

5 Cost of Tendering 8

6 Amendment of Tender Document 8

7 Opening of Tender 8

8 Period of Validity of Tender 9

9 Prices 9

10 Evaluation of Tenders 9

11 Award of Contracts 10

12 Security Deposit & Contract Agreement 10

13 Delivery period & Place of Delivery 11

14 Liquidated Damage 11

15 Default Clause / Cancellation on failure to supply 11

16 Inspection & Tests 11

17 Warranty 12

18 Force Majeure 12

19 Confidentiality 13

20 Payment 13

21 Corrupt or Fraudulent Practices 13

22 Resolution of Dispute 14

23 Arbitration 14

24 Governing Language 14

25 Applicable Laws 14

26 Indemnification 14

27 Jurisdiction 14

28 Saving Clause 14

Annex-A Schedule of Requirement 15

Annex-B Tender Form 19

Annex-C Name & Address of Testing laboratories 20

Annex-1 Checklist 21

Annex-2 Covering Letter 22

Annex-3 Authorization Certificate 23

Annex-4 Turnover 24

Annex-5 Details of Manufacturing Facility 25

Annex-6A Past Performance for other than DVET (From Supplier) 26

Annex-6B Past Performance for DVET (From Supplier) 26

Annex-7 Past Performance (From End User) 27

Annex-8 Price Schedule 28

Annex-9 Format of Bank Guarantee for Earnest Money Deposit 29

Annex-10 Technical Specification Compliance 30

Annex-11 No Deviation Statement & Certificate 31

Annex-12 Bank Guarantee for Security Deposit 32

Annex-13 Contract Agreement 33

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Instruction to Tenderer

Copyright @ DVET 2012 Page 5 of 35

INSTRUCTION TO TENDERERS

1. Introduction :-

1.1 For and on behalf of Governor of Maharashtra, the Director (Training), Directorate of

Vocational Education & Training (DVET), Mumbai, herein after referred to as “Purchaser”

invites sealed tenders in TWO BID system for supply of Tools and Tool Kits specified in

schedule of requirements (Annex-1) for the use in Government Industrial Training Institutes

& offices under jurisdiction of this Directorate across the state of Maharashtra.

1.2 A copy of tender document(s) can be obtained by payment of cost of tender specified in

Annex-1 in cash from DVET as per schedule (Annex-A). The tender document(s) may also

be downloaded from the official web site of DVET. The tenderers are required to furnish non-

refundable cost of tender specified in annex-A by way of IPO or Demand Draft issued by any

nationalized bank drawn in favour of “Director, Directorate of Vocational Education &

Training, Mumbai” payable at Mumbai, along with tender as per schedule specified in annex-

B. In case, tender(s) which are downloaded from website, the tenderers should specifically

superscribe “Downloaded from the website” on the top left corner of the Envelope-1.

1.3 The quantities mentioned in the tender are only approximate estimated quantities. The

Director (Training), Directorate of vocational Education & Training, Mumbai reserves the

right to increase or decrease the quantities, to be purchased without assigning any reason

thereof.

2. Process of Submission of Tenders:-

2.1 Tender shall be submitted in two bids i.e. Technical Bid & Price Bid

2.2 Purchaser shall not be responsible for any damaged / tempered envelope received by it.

2.3 Tenders submitted without following Two Bid system shall be rejected.

2.4 The Two Bid offer must be submitted along with document(s) as per the guidelines given

below.

2.4.1 Envelope No.1 (Technical Bid):- Technical bid shall include following document(s).

a. Covering Letter as prescribed in annex-2

b. Proof of Payment of the Cost of Tender as prescribed in clause 1.2

c. Photocopy of Prescribed Tender Form as prescribed in annex-B

d. Earnest Money Deposit (EMD) or EMD Exemption certificate as prescribed in clause

e. Sales Tax / VAT Registration & Clearance Certificate as prescribed in clause

f. Manufacturer License / EM Part-II as prescribed in clause

g. Authorization Certificate from Manufacturer(s) as prescribed in clause

h. Turnover of the Supplier as prescribed in clause

i. Details of Manufacturing Facilities of Manufacturer(s)as prescribed in clause

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Instruction to Tenderer

Copyright @ DVET 2012 Page 6 of 35

j. Past Performance Certificate as prescribed in annex-6A, 6B & 7

k. Technical Specification compliance item by item as prescribed in annex-10

l. No Deviation Statement as prescribed in annex-11

m. Technical literature (s) as prescribed in clause

n. ISO/BIS/ISI/CE mark certificate as prescribed in clause

o. Undertaking of delivery within prescribed period as prescribed in clause

p. Undertaking for demo as prescribed in clause

q. Undertaking about risk purchase, fall clause, penalty clause

r. Declaration as per clause 4.1.11

2.4.2 Envelope-2 (Price Bid):- Price bid shall include following document(s) to be submitted

inside the Envelop-2.

2.4.2.1 Price bid must be strictly in format prescribed in annex-11

3. Deadline for submission of Tenders:-

3.1 Tender shall be submitted on or before last date & time of submission as per schedule

specified in Annex-B.

3.2 Late tender on any account shall be rejected summarily. Delay due to Post or any other reason

will not be condoned.

3.3 Tender received after specified date & time shall be return back to tender with remarks

“Received Late-Return”

3.4 Under no circumstances any reasons for delayed submissions shall be entertained

3.5 However the purchaser may at his discretion, extend the deadline of submission of tenders

before closing, by notifying it on official web site of this directorate. Tenders are requested to

visit official website till last date of submission of tender for any changes in this regards. No

separate communication or publication shall be made in this regard.

4 Eligibility Criteria for this tender :-

4.1 Basic Eligibility Criteria :-

Every tender shall go through the basic eligibility scrutiny to verify the following

4.1.1 Checklist

The duly filled and signed with seal of the company checklist as prescribed in annex-1

4.1.2. Covering Letter for Enclosure

A covering letter as prescribed in annex-2 on the official letter head of the tenderer and duly

signed with seal.

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Instruction to Tenderer

Copyright @ DVET 2012 Page 7 of 35

4.1.3 The proof of payment of the Tender Document

The self certified copy of Cash Receipt for the purchase of Tender Document(s) from DVET

or IPO/D.D. for cost of Tender document as the case may be. If the Tenderer wishes to

participate in multiple tenders, separate copy od Cash Receipt/IPO/DD towards the cost of

each of tender documents(s) shall be submitted.

Note: A single Cash Receipt/IPO/DD towards the cost of multiple tender forms will not

be accepted and shall render such tender non responsive.

4.1.3 Photocopy of Prescribed Tender Form

A photocopy of the tender form purchased from DVET or downloaded from web site should

be duly filled & signed by the tenderer and submitted in Envelope-1. "DO NOT WRITE

PRICE ON IT".

4.1.4 Earnest Money Deposit (EMD)

4.1.4.1 The tenderer shall submit Bank Guarantee prescribed in annex-9 or Crossed Demand Draft

on any Nationalized Bank drawn in favor of “Director, Directorate of Vocational Education &

Training, Mumbai” payable at Mumbai for the value of 3% of total value of tender or Rs

5000/- whichever is less, as an Earnest Money Deposit(EMD) which is refundable. Name of

the firm and tender number should be written on the back side of the Demand Draft.

4.1.4.2 Any tender without EMD or EMD of an amount less than as prescribed in clause 4.1.4.1 will

be summarily rejected.

4.1.4.3 Following categories of tenderer are exempted from furnishing EMD

(a) If the tenderer is a supplier registered with Central Store Purchase Organization (CSPO)

of Govt. of Maharashtra, the attested copy letter of registration with CSPO/DIC and

attested copy of certificate stating that the firm is exempted from payment of Earnest

Money Deposit must be attached.

(b) If the tenderer is manufacturers registered as SSI with Directorate of Industry,

Government of Maharashtra, valid S.S.I. Certificate of registration must be attached for

getting EMD exemption.

(c) EMD Exemptions for firms registered with DGS&D or NSIC will be as per rules. EMD

exemptions will be as per CSPO guidelines.

Note: For CSPO firms and SSI manufacturers, EMD exemption will be allowed only for

the items mentioned in the respective registration certificates. As such name of the item

must be highlighted or underlined in the relevant certificate.

4.1.4.4 EMD will be discharged / returned to all tenderer after award of contract to the successful

tenderer.

4.1.4.5 Tenderer shall not be entitled for any interest on EMD.

4.1.4.6 EMD shall be forfeited :-

(a) If a tenderer withdraws its tender during the period of bid validity as specified in the

tender.

(b) In case of a successful tender, if the tenderer fails:

(i) To sign the Contract in accordance with terms and conditions or.

(ii) To furnish Security Deposit

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Instruction to Tenderer

Copyright @ DVET 2012 Page 8 of 35

4.1.5 Sales Tax / VAT Registration & Clearance Certificate 4.1.5.1 Sales Tax / VAT clearance certificate [STCC or VAT CC]either from State or Central Govt.

(as the case may be) showing tax paid up to March-2012 and no dues. Also attach VAT

registration certificate or TIN allotment.

4.1.5.2 If it is not possible to submit STCC/ VAT CC along with tender, proof of application made

for obtaining STCC/VAT CC to be submitted along with tender. But STCC/VAT CC MUST

be submitted before opening of Price bids, otherwise tender will be rejected.

4.1.5.3 Merely ST/CST/VAT registration certificates or bank challan copies etc. are not sufficient

and will not be accepted. Respective clearance certificate is necessary. (For example, in

case of dealers in Maharashtra form no 415 is essential. But prescribed clearance format may

vary from state to state). In any case, certificate from competent tax authorities certifying that

no dues are pending against the dealer is a MUST.

4.1.6 Manufacturer License Manufacturer in all the case must have own factory & Manufacturing license (For large scale)

issued by respective statutory authority (For small and medium scale, EM Part-II issued by

concern DIC). In case the tenderer is an authorized dealer then, they must submit respective

proof of manufacturing license of principal manufacturer

4.1.7 Authorization Certificate

4.1.7.1 There are two parts in each tool kit. viz Primary Items & Secondary Items. For Primary Items

Authorization letters are must for all items mentioned in the list of primary items. For

secondary items , where manufacturers sell the product through different stockists and

distributors , details of make and model should be mentioned

4.1.7.2 Manufacturers should state that that they will supply the equipment through the tenderer and

will attend all service calls during warranty period. The Principal company should confirm

that they will be providing training and refresher courses ( Train the Trainer Program ) for

atleast 3 times in a year to the staff of ITI at regional level.

4.1.7.3 Authorization letter shall be in original and from manufacturer directly in the format

prescribed in annexure-3.

4.1.7.4 The purchaser reserves the right to ask for any further documentary evidence to establish

genuineness of manufacturer and authorization letter.

4.1.8 Turnover

4.1.8.1 Turnover of the Supplier

The Average Annual turnover ( last three years ) of the tenderer should not be less than amount

mentioned in schedule of requirement prescribed in annex-A. The tenderer is required to submit the

turnover of the company for last three preceding financial years, certified by the chartered accountant

of the company in the format prescribed in Annex-4 along with audited balance sheet.

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Instruction to Tenderer

Copyright @ DVET 2012 Page 9 of 35

4.1.8.2 Turnover of the Principal Company

The Average Annual turnover (last three years) of the Principal Company(s) should not be less than

50 crores. The tenderer is required to submit the turnover of the Principal company for last three

preceding financial years, certified by the chartered accountant of the company in the format

prescribed in Annex-4 along with audited balance sheet.

4.1.9 Details of Manufacturing Facilities

4.1.9.1 The Principal Company(s) or Tenderer must have manufacturing capacity of

manufacturing/producing machines of the similar type in minimum number not less than three

times of the quantity specified in schedule of requirements in each of preceding last three

years. Details of staff, machinery, manufacturing capacity etc. as per the format prescribed in

Annex-5 must be submitted.

4.1.9.2 If the tenderer is authorized dealer, the above details from the manufacturer must be

submitted.

4.1.10 Past Performance

The eligible manufacturer must submit particulars of quantity of the past supplies made as per

the performance statement format prescribed as Annex-6A & 6B for the last three calendar

years. Satisfactory Performance Certificate in format prescribed as Annexure-7 must be

submitted issued from their end users or clients.

The tenderer must not have failed to meet its commitment against valid purchase orders

issued by this Directorate in any of the last three years unless such delay was duly

condoned by this Directorate/Govt. of Maharashtra accepting the reasons furnished by

the tenderer for such delay. The tenderer must submit the declaration for the same on

non judicial stamp paper of Rs. 100/-.

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Instruction to Tenderer

Copyright @ DVET 2012 Page 10 of 35

4.1.11 Offers from Manufacturer / Dealers for an item(s) for which that Manufacturer / Dealers has

been found guilty of malpractice, misconduct, or blacklisted / debarred either by Government

of Maharashtra or by other state Government / Central Government’s organizations will be

rejected. Also the tenderer must not have failed to meet its commitment against valid

purchase orders issued by this Directorate in any of the last three years unless such delay was

duly condoned by this Directorate/Govt. of Maharashtra accepting the reasons.

The tenderer has to give an undertaking that their firm has not been found guilty of

malpractice, misconduct, or blacklisted / debarred either by Government of Maharashtra or by

other state Government / Central Government’s organizations in the past and also there is no

such proceedings against them. The undertaking should also include that they have not have

failed to meet its commitment against valid purchase orders issued by this Directorate in any

of the last three years unless such delay was duly condoned by this Directorate/Govt. of

Maharashtra accepting the reasons.

In case of any misrepresentation, the department will reject the tender at any stage of the bid

evaluation process and may debar the said firm from participating in any tenders issued by

DVET for a period of 5 years.

This undertaking must be made on non judicial stamp paper of Rs. 100/-.

4.2 Technical Eligibility Criteria :-

4.2.1 Technical Offer

4.2.1.1 The tenderer shall carefully read and understand the technical specifications given in Annex-

B. The tenderer must comply quality requirements, packing, applicable standards, Acts and

Rules including the mandatory requirements of the tender without any deviation.

4.2.1.2 The tenderer must submit his technical offer in a format prescribed as Annex-10.

4.2.1.3 Brief compliance on item by item parameter using words like: “…. Will be provided / As per

BIS/Complied/As per specification/Available/As per Literature/As per requirements etc. “are

not acceptable and that bid shall be categorize as incomplete and rejected.

4.2.1.4 ISO/BIS/ISI/CE mark or similar is preferred for offered product.

4.2.1.5 The tenderer must submit the sample of toolkit offered for technical evaluation on the

date of technical scrutiny. The date of technical scrutiny will be communicated to the

eligible bidders by separate communications. The samples submitted for the technical

evaluation shall be retained till the finalization of the successful bidders. The samples of

the successful bidders shall be sealed and retained till the validity of the contract. The

offer of bidders who fails to submit the samples for technical evaluation on the date of

technical scrutiny shall be rejected and will be treated as non responsive for commercial

opening.

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Instruction to Tenderer

Copyright @ DVET 2012 Page 11 of 35

4.2.2 No Deviation Statement:-

The tenderer must submit NO - DEVIATION STATEMENT mentioning the make & model

of the item quoted the tender. No Deviation statement of specification of the equipment

should be offered giving details of specification in the Annex-11 (No other formats will be

accepted). Tenderer must give details in the above Annexure and mere certification that

‘There is no deviation between tender specifications and specifications quoted by the tenderer

is not acceptable. Bid without No Deviation Statement is not acceptable and such bids will be

rejected.

4.2.3 Technical Literature of the equipment:-

Relevant Technical literature / Catalogue highlighting products features offered in the Tender

must be enclosed in original . The offer shall be considered only if the literature is enclosed.

All the technical information about the equipment required for checking whether the

equipment offered as per Tender Specification or not, should be available in the technical

literature enclosed. The literature should be corresponding to the Model and Make offered in

the Price Bid. In case the literature contains description of more than one model, the Tenderer

must tick mark on name of the model and make signature on it.

5. Cost of Tendering :-

The tenderer shall bear all the costs associated with the preparation & submission of their

tenders and the purchaser will in no case be responsible or liable for those costs, Regardless

of the conduct or outcome of the tendering process.

6. Amendment of Tender Document:-

6.1 At any time prior to the deadline for sale of tender, the purchaser may amend the tender

document(s) by issuing Addendum/Corrigendum.

6.2 Any Addendum/Corrigendum as well as clarification thus issued shall be a part of the Tender

document(s). And it will be assumed that the information contained in the amendment will

have been taken into account by the Tenderer in its tender.

6.3 To give prospective Tenderers reasonable time in which to take the amendment into account

in preparing their tenders, the Purchaser shall extend, at its discretion, the deadline for

submission of tenders, in which case, the Purchaser will notify all Tenderers by placing it on

website of the extended deadline and will be binding on them.

7. Opening of Tender:-

7.1 Tender shall be opened on the date & time specified in tender notice and therefore tenderer or

its authorized representative is encouraged to be present at the time of opening of tender.

7.2 The process of opening of tender shall be as follows

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Instruction to Tenderer

Copyright @ DVET 2012 Page 12 of 35

7.2.1 The Master Envelop shall be opened first and then Envelop-1 and Enevelop-2 of each tender

shall be separated.

7.2.2 The Envelop-1 of each of tender shall be opened in the order in which they have been

received in presence of the purchase committee and tenderer or its authorized representative.

7.2.3 After opening of Technical Bid of each of tender, availability of all the documents enclosed

therein shall be verified as per the prescribed checklist.

7.2.4 All such Technical Bid containing each and every document(s) as per prescribed checklist

shall be taken for further technical evaluation.

7.2.5 In case of any Technical Bid where any of the document(s) is found to be missing or

deficient with regard of format or manner shall be treated as Non Responsive and shall be

summarily rejected and shall not be considered for further evaluation.

7.2.6 The Envelop-2 (Price Bid) shall be opened after opening of Envelope-1 (Technical Bid) only for

the tenderers who’s Envelope-1 (Technical Bid) found to be in accordance with the tender

conditions stipulated in tender document. The tentative date and time opening of Envelope -2

shall be communicated subsequently to the eligible tenderers.

8. Period of Validity of Tender:-

8.1 The tender must be valid up to twelve months from the date of tender opening (i.e Technical

Bid Opening ) . A bid valid for a shorter period shall be rejected.

9. Prices:-

9.1 The prices quoted and accepted will be binding on the tenderer and must be valid for a period

of validity.

9.2 Rates should be quoted for the complete kit. Optional Items may be quoted separately.. The

rates should be on door delivery basis according to the unit asked for strictly as per all

inclusive price. Tender for the supply of item quoted in the bid with conditions like “AT

CURRENT MARKET RATES” shall not be accepted. The purchaser shall not be responsible

for damages, handling, clearing, transport charges etc. Conditional tenders will not be

accepted and liable for rejection.

9.3 To ensure sustained supply without any interruption the purchaser reserves the right to split

orders for supplying the requirements amongst more than one tenderer provided that, the rates

and other conditions of supply are same.

9.4 Other Terms:

9.4.1 Prices should be quoted as inclusive of all taxes, duties and transportation. The Prices

should be on door delivery basis.

9.4.2 The rates will be fixed for a period of one years from the date of award of contract.

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Instruction to Tenderer

Copyright @ DVET 2012 Page 13 of 35

10. Evaluation of Tenders:-

10.1 After opening of Envelop No.1 (Technical Bid) on the scheduled date, time and venue, the

Purchase Committee shall examine the contents of the tender received along with all

prescribed mandatory document(s).

10.2 The Purchase Committee shall scrutinize the document(s) mentioned above for its eligibility,

validity, applicability, compliance and substantiation stipulated in tender document.

10.3 The Purchase Committee shall also analyze that there is no collusive or fraudulent practice

involved in the entire tendering process amongst all the tenders received.

10.4 Test report from Govt. Laboratory prescribed in Schedule VIII of Govt. Resolution, dated 02-

01-1992 from Industry Energy & Labour Dept., Govt. of Maharashtra is preferable., The list

of such testing agencies is provided in Annex-C .

10.5 The technical scrutiny shall be on the basis of submitted substantiation document(s).

10.6 Any tender during the evaluation process do not meet the tender conditions laid down in the

tender document will be declared as not acceptable and such tenders shall not be considered

for further evaluation.

10.7 Tenders which are in full conformity with tender requirements and conditions shall be

declared as Eligible Tender for opening Envelop-2 and shall be opened later, on given date

and time.

10.8 Price bids of technically valid offers will be opened and lowest offer will be recommended

for award of contract. Award of contract will be as per prescribed Govt. procedure.

11. Award of Contract:-

11.1 Tenderer quoting the lowest offer will be informed about the intention of award of contract

(Acceptance of Tender) by sending an Acceptance Letter (A/L). On acceptance of Terms and

conditions of A/L and submission of security deposit, Acceptance of Tender will be released.

11.2 The purchaser will award the contract to the successful tenderer whose tender has been

determined to be substantially responsive and has been determined as lowest evaluated

tender, provided further that the tender is determined to be qualified to perform the contract

satisfactorily. The purchaser will fix the rates for a period of one years and supply orders will

be placed on staggered basis through out the one year period depending on the requirement

and availability of funds. The supply orders will be governed by all the terms and conditions

stipulated in the tender document.

11.3 The purchaser reserves the right to increase or decrease the quantity to be purchased and also

reserves the right to cancel or revise or any of the all the tenders or part of tenders without

giving any reason thereto with no cost to the purchaser.

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Instruction to Tenderer

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12. Security Deposit & Contract Agreement:-

12.1 Security deposit will be 3% of the value of goods ordered and will be retained by the

purchaser for the duration of warranty period and additional 3 months from the date of

installation. In case there is delay in supply and purchaser has extended the delivery period,

the retention period of security deposit will have to be extended accordingly. Security deposit

will be released after expiry of warranty period subject to clearance from the consignee

institute.

12.2 The security deposit should be in the form of Bank Guarantee in favour of “Director,

Directorate of Vocational Education & Training, Mumbai” from any nationalized bank as per

format prescribed in Annex-12.

12.3 Security deposit shall be forfeited as a compensation for any loss resulting from the failure to

perform the obligations under the contract or in the event of termination of the contract or in

any event as the Purchaser thinks fit and proper.

12.4 The successful tenderer shall be required to enter into agreement for the due performance of

Contract as per format prescribed in annex-13.

13. Delivery Period and Place of Delivery:-

The goods should be delivered within 6 to 8weeks from the date of receipt of supply order to

the consignee as per quantity indicated in the supply order on door delivery basis as

mentioned in schedule of requirement.

14. Liquidated Damage:-

If the supplier fails to deliver any or all of the goods within the period (s) specified in the

Contract, the purchaser shall, without prejudice to its other remedies under the Contract,

deduct from the Contract Price, as liquidated damages, a sum equivalent to 0.5% of the

delivery price of the delayed goods for each week or part thereof of delay until actual

delivery, up to a maximum deduction of 10% of stipulated price of the stores for the total

value of the stores not exceeding Rs.1Lakhs(INR) and limited to 5% of stipulated price of the

stores for the total value of the stores exceeding Rs.1Lakhs(INR). Once the maximum is

reached, the Purchaser may consider for termination of the Contract.

15. Default Clause / Cancellation on failure to supply:-

If the supplier fails to commence delivery as schedule or to deliver the quantities ordered to

him within the delivery period stipulated in the contract, it shall be discretion of the purchaser

either. (a) to extend the delivery period or (b) to cancel the contract in whole or in part for the

unsupplied quantities without any show cause notice. In the event of extension, liquidated

damages, will be applicable. If the purchaser decides to cancel the contract, the mode of

repurchase will be at the discretion of the purchaser. The supplier shall be liable to pay any

loss by way of extra expenditure or other incidental expenses, which the purchaser may

sustain on account of such repurchase at the risk and cost of the supplier. In addition to action

above, the purchaser may propose the defaulting supplier for blacklisting from future orders.

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Instruction to Tenderer

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16. Inspection and tests:-

16.1 The purchaser shall be the final authority to reject full or any part of the supply, which is not

confirming to the specifications and other terms and conditions. No payment shall be made

for rejected stores. Rejected items must be removed by the tenderers within two weeks of the

date of rejection at their own cost and replaced immediately. In case rejected items are not

removed it will be destroyed at the risk, responsibility & cost of the tenderer.

16.2 The date on which the acceptable stores have been offered for inspection shall be deemed as

date of delivery provided such offer has been made within the delivery period.

17. Warranty:-

17.1 Unless otherwise specified in tender form (Annex-B), the warranty shall remain valid for 1

year from the date of installation at consignee destination.

17.2 The supplier should submit the written warranty that all goods supplied under the contract are

of the most recent or current models and that they incorporate all recent improvements in

design and materials provided in the contract.

17.3 The purchaser shall have the right to make claims under the above warranty after the goods

have been delivered to the final destination indicated in the contract. Upon receipt of a written

notice from the Purchaser, the supplier shall, within the period of 15 days replace the

defective Goods without cost to the Purchaser. The supplier will be entitled to remove, at his

own risk and cost, the defective goods once the replacement goods have been delivered.

17.4 If, after being noticed that the defect has been confirmed pursuant to above clause, the

Supplier fails to replace the defective goods within the period of 15 days the Purchaser may

proceed to take such remedial action as may be necessary, including removal and disposal, at

Supplier’s risk and expense and without prejudice to any other rights that the Purchaser may

have against the supply under the contract. The Purchaser will also be entitled to claim for

storage, in respect of the defective goods for the period following notification and deduct the

sum from payments due to the Supplier under this Contract.

18. Force Majeure:-

18.1 For purposes for this clause, ‘Force majeure’ means at any time during subsistence of

Contract and even beyond the control of the Supplier and not involving the Supplier’s fault or

negligence and not foreseeable. Such event may include, but are not limited to, acts of the

Purchaser either in its sovereign or contractual capacity, wars or revolutions, fires, floods,

epidemics, quarantine restrictions and fright embargoes.

18.2 If a force Majeure situation arises, the Supplier shall promptly but not later than 30 days

notify the Purchaser in writing of such conditions and the clause thereof. Unless otherwise

directed by the Purchaser in writing, the Supplier shall continue to perform its obligations

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Instruction to Tenderer

Copyright @ DVET 2012 Page 16 of 35

under the Contract as far as is reasonably practical, and shall seek all reasonable alternative

means for performance by the Force Majeure event.

18.3 Force majeure will be accepted on adequate proof thereof.

18.4 If contingency beyond 30 days, both parties argue to discuss and decide the course of action

to be adopted. Even otherwise contingency continues beyond 60 days then the Purchaser may

consider for termination of the contract on equitable basis.

19. Confidentiality:-

19.1 Information relating to the examination, clarification, evaluation, and comparison of tenders,

and recommendations for the award of a contract shall not be disclosed to tenderers or any

other persons not officially concerned with such process until the notification of Contract

award is made.

19.2 Any effort by the tenderer to influence the purchaser in the bid evaluation, bid comparison, or

contract award decisions may result in the rejection of the tenderers bid.

20. Payment:-

20.1 100% payment within 2 weeks from the date of receipt of all stores in satisfactory condition

as ordered.

20.2 The purchaser shall have every right to deduct the pending dues on account of loss,

compensation, or any remedial action in monetary terms from the said payment. The supplier

shall not agitate the said issue in future.

21. Corrupt or Fraudulent Practices:-

21.1 The Purchaser as well as Tenderers shall observe the highest standard of ethics during the

procurement and execution of such Contracts.

21.2 “Corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to

influence the action of a public official in the procurement process or in contract execution;

and

21.3 “Fraudulent practice” means a misrepresentation or omission of facts in order to Influence a

procurement process or the execution of a contract to the detriment of purchaser and includes

collusive practice among Tenderers (prior to or after tender submission) designed to establish

tender prices at artificial non-competitive levels and to deprive the Purchaser of the benefits

of free and open competition.

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21.4 “Collusive Practice” means a scheme or arrangement between two or more tenderers, with or

without the knowledge of the Purchaser, designed to establish tender prices at artificial, non

competitive level; and.

21.5 “Coercive practice” means harming or threatening to harm, directly or indirectly, persons or

their property to influence their participation in the procurement process or effect the

execution of the contract.

21.6 “The purchaser will reject a tender for award if it determines that the tenderer recommended

for awards has directly or through an agent engaged in corrupt or fraudulent practice in

competing for the contract in question;

21.7 The Purchaser will declare a firm or individual as ineligible, either indefinitely or for a stated

period of time, to be awarded a contract if it at any time determines that they have, directly or

through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing

for, or in executing, a contract.

22 Resolution of dispute :-

In the event of any question, dispute or differences in respect of contract or terms and

conditions of the contract or interpretation of the terms and conditions or part of the terms and

conditions of the contract arises, the parties may mutually settle the dispute amicably.

23 Arbitration:-

In the event of failure to settle the dispute amicably between the parties, the same shall be

referred to the sole arbitrator (insert name and designation of the officer), Government of

Maharashtra. The award passed by the sole Arbitrator shall be final and binding on the

parties. The arbitration proceedings shall be carried out as per the Indian Arbitration and

Conciliation Act, 1996 and the rules made thereunder.

24 Governing Language :-

English language version of the contract shall govern its interpretation

25 Applicable Laws :-

The contract shall be governed in accordance with the law prevailing in India, Act, Rules,

Amendments and orders made thereon from time to time.

26 Indemnification :-

The contractor shall indemnify the purchaser against all actions, suits, claims and demand or

in respect of anything done or omitted to be done by contractor in connection with contract

and against any losses or damages to the purchaser in consequence of any action or suit being

brought against the contractor for anything done or omitted to be done by the contractor in the

execution of the contract.

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Instruction to Tenderer

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27. Jurisdiction:-

All the suits arising out of the contract shall be instituted in the court of competent

jurisdiction situated in Mumbai only and not elsewhere.

28. Saving Clause :-

No suits, prosecution or any legal proceedings shall lie against the Director (Training),

Directorate of Vocational Education & Training, Mumbai or any person for anything that is

done in good faith or intended to be done in pursuance of tender.

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Instruction to Tenderer

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Annex - A

Schedule Of Requirement

Sr.

No

TE

No.

Name Of Item Approx

Qty.(

will

vary)

Cost Of

Tender

(In Rs.)

Annual

Turnover

(Rs. In

Lacs)

1 12251 Specialized Wireman Toolset 2000 2000/- 300

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Instruction to Tenderer

Copyright @ DVET 2012 Page 20 of 35

Annex – 1

Check List

(Check List of document(s) to be submitted along with tender form)

Sr.

No Item

Tenderer

should tick at

appropriate

place

Page no of

technical

bid

(envelope-1)

Remark (to

be filled in by

DVET

official)

Document(s) inside Envelope – 1

1 Covering Letter for Enclosure as per Annex-2

2 Payment of the Tender Form (IPO/DD/Copy of

cash receipt)

3 Photocopy of Prescribed Tender Form-Annex-B

4 DD / BG for Earnest Money Deposit as per

Annex-9

5 EMD Exemption certificate (if applicable)

6 Sales tax /VAT registration certificate

7 ST/ VAT Clearance Certificate

8 Manufacturer License

9 EM Part-II

10 Authorization Certificate from Manufacturer as

per Annex-3

11 Turnover of the Supplier as Annex-4

12 Details of Manufacturing Facilities as per

Annex-5

13 Past Performance as per Annex-6A & 6B

14 Performance Certificate as per Annex-7

15 Technical Specification compliance item by item

as per Annex-10

16 No Deviation Statement as per Annex-11

17 Technical literature

18 ISO/BIS/ISI/CE mark certificate

19 Undertaking of delivery within prescribed period

20 Undertaking for demo

21 Undertaking about risk purchase, fall clause,

penalty clause

22 Declaration as per clause 4.1.11

23 Declaration as per clause 4.1.10 & Annex 6B

Document(s) inside Envelope 2

24 Quotation on official letter head in the Price

Schedule as per Annex-8

Sign & Seal of Tenderer

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Instruction to Tenderer

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ANNEX –2

Covering Letter

(To be printed on Official Letter Head of Tenderer)

To,

Director (Training)

Directorate of Vocational Education & Training,

Maharashtra State,

3, Mahapalika Marg, Mumbai -400 001.

Dear Sir,

Having examined the tender document, the receipt of which is hereby acknowledged, we, the

undersigned, offer to supply and deliver the goods under the above-named Contract in full

conformity with the said tender document and our financial offer in the Price schedule submitted in

Envelop-2 which is made part of this tender.

We undertake, if our tender is accepted, to deliver the goods in accordance with the delivery

schedule specified in the tender document.

If our tender is accepted, we undertake to submit the security deposit in the form, in the

amounts, and within the times specified in the tender document.

We agree to abide by this tender, for the Tender Validity Period specified in the tender

document and it shall remain binding upon us and may be accepted by you at any time before the

expiration of that period.

Until the formal final Contract is prepared and executed between us, all the terms and

conditions of the tender document(s) shall constitute a binding contract between us without

considering a deviation as might be indicated in our tender. We further understand that you are not

bound to accept the lowest or any tender you may receive.

Signed: __________________

Date: ___________________

In the capacity of _________________________

Duly authorized to sign this bid for and on behalf of ______________________

Signature & Seal of Tenderer

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Instruction to Tenderer

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ANNEX – 3

MANUFACTURERS’ AUTHORIZATION CERIFICATE

To,

The Director (Training),

Directorate of Vocational Education & Training,

3, Mahapalika Marg, Mumbai-400001

Dear Sir,

TENDER NO. .

We _____________________________ who are established and reputable manufacturers of (Name,

Make & Model and description of goods offered) having factories at ___________________

(Address of Factory) do hereby authorize M/s __________________________________ (Name and

address of Agent) to submit a bid, and sign the contract with you for the goods manufactured by us

against the above.

We here by extend our full guarantee and warranty as per Clause 17 of the tender document and for

the goods and services offered for supply by the above firm against this tender enquiry.

Yours faithfully,

(Name)

(Seal & Signature of Authorized

Signatory)

Note: This letter of authority should be on the printed original letterhead of the manufacturer and

should be signed by a designated person competent and having the power of attorney to bind the

manufacturer and is mandatory to be included by the tenderer in its bid.

Signature and Seal of Tenderer

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Instruction to Tenderer

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ANNEX – 4

PROFORMA OF ANNUAL TURN OVER FOR LAST THREE YEARS

The Annual Turnover of M/s ___________________________________________ for the past three

years are given below and certified that the statement is true and correct.

Sr.No. Year Turnover Rs.in Lakh

1 2009-10

2 2010-11

3 2011-12

Date :

Seal

Signature with Seal of Auditor/

Chartered Accountant

Name (in capital letters)

Signature and Seal of Tenderer

Note: This statement must be supported by the audited balance sheet of last three years.

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Instruction to Tenderer

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ANNEX – 5

MANUFACTURING FACILITIES

TENDER NO. __________________ FOR SUPPLY OF ___________________________

NAME OF THE TENDERER ……………………………………

(Note: all details should relate to the manufacturer for the items offered for supply and every clause

or points must be answered to the point and shall not be left out or omitted or changed. Incomplete

information will be construed as inability / deviation/ shortfall and shall be noted in the evaluating

accordingly)

1. Name & full address of the Manufacturer

2. (a) Telephone No. Office/ Factory / Works

(b) Fax No. Office/ Factory / Works

(c) E-mail ID:

3. Location of the manufacturing factory

4. Details of Industrial/ factory Registration License as per statutory regulations.

5. Details of important Plant & Machinery functioning in each dept. of factory

(Mention ownership of items i.e. Purchased of Leased basis separately as available now)

6. Details & Stocks of raw materials held.

7. Production capacity of item(s) quoted for, Total value of products manufactured with the

existing Plant & Machinery during financial year: 2009-10, 2010-11 & 2011-12

1.1 Normal

1.2 Maximum

8. Details of arrangement for quality control of products such as laboratory, testing equipment etc.

9. Details of staff: (As per register of employees)

9.1 Details of technical supervisory staff in charge of production & quality control

9.2 Skilled labor employed

9.3 Unskilled labor employed

9.4 Maximum No. of workers (skilled & Unskilled) employed on any day during the 18

months preceding the date of Tender.

10. Whether Goods are tested / manufactured to any standard specifications? If so, copies of original

test certificated or notarized should be submitted.

11. Are you registered with the Department of Central Excies - Govt.of India for the items offered as

manufacturer, as per statutory rules? If so, furnish full particulars of registration, product codes

etc. with a notarized copy of the certificate of registration.

Signature and seal of the Manufacturer

Signature and Stamp of Tenderer

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Instruction to Tenderer

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Annex – 6A

Proforma for Past Performance from supplier (For a period of last 3 years) i.e. 2009-10, 2010-11, 2011-12

(Other than DVET)

Sr.

No

Name of the

Product

Name and full

address of the

purchaser

Order

No. &

Date

Quantity Date of

completion

as per

product

Date of

actual

delivery in

respect of

order

Remarks

indicating

reasons for the

delivery if any

Annex – 6B

Proforma for Past Performance from supplier (For a period of last 3 years) i.e. 2009-10, 2010-11, 2011-12

(With DVET)

Sr.

No

Name of the

Product

Name and full

address of the

purchaser

Order

No. &

Date

Quantity Date of

completion

as per

product

Date of

actual

delivery in

respect of

order

Remarks

indicating

reasons for the

delivery if any

This proforma must be supported with the declaration of the tenderer that they have

successfully completed the execution of purchase order in all respect during last three years.

Signature & Seal of Tenderer

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Instruction to Tenderer

Copyright @ DVET 2012 Page 26 of 35

Annex – 7

Proforma for Past Performance (From End User)

Certified that performance of the equipment supplied and after sales service provided by M/s.

_____________________________________ for last 3 years is as given below:

Sr.

No

Name of

Equipmen

t

Supply

Order

No.& Date

for 3 recent

years

Date of

Delivery

No. of

failures

during

warranty

period

(Please Give

details)

No. of failures

after expiry of

warranty

period (Please

Give details)

After sales

service

provided by

supplier *

Unsatisfactory

/Satisfactory/

Good

Remark

1 2 3 4 5 6 7 8

Note :- To be submitted by tenderer separate for each end user.

Signature & Seal of End User

With name and seal of the Office

* Specific remarks only to be

given in words specified.

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Instruction to Tenderer

Copyright @ DVET 2012 Page 27 of 35

Annex – 8 (To be printed on Official Letter Head of Tenderer)

Price Schedule

Signature & Seal of Tenderer

Price Structure

Tender No. ____________________

Name of the Item:

__________________________

Model No.:

________________________________

Particulars: Rate (Rs.)

Total Price

`

F.O.R. Destination: ____________________________________________________

Rupees in Words: ______________________________________________________

NOTE: Unit Rate should be quoted only for the models mentioned in Technical Bid by

combining the prices of primary & secondary items.

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Instruction to Tenderer

Copyright @ DVET 2012 Page 28 of 35

ANNEX – 9

FORMAT OF BANK GUARANTEE FOR E.M.D.

Whereas ……………………….( Hereinafter called “the Tenderer”) has submitted its tender dated

……………………… (Date of submission of bid) for the supply of …………………………..(Name

and/or description of the goods) (Hereinafter called “the tender”).

KNOW ALL PEOPLE by these presents that WE ………………….. (Name of bank) of …………….

(Name of country), having our registered office at ………………………. (address of bank)

(Hereinafter called “the Bank”), are bound unto ………………………………….(Name of

Purchaser) (Hereinafter called “the Purchaser”) in the sum of ____________________ for which

payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors and

assigns by these presents. Sealed with the Common Seal of the said Bank on this ____day of

___________ 20____

THE CONDITIONS of this obligation are:

1. If the Tenderer

(a) Withdraws its tender during the period of tender validity specified by the Tenderer in his

tender; of

(b) Does not accept the correction of errors in accordance with the Instructions to tenderers;

or

2. If the Tenderer, having been notified of the acceptance of its tender by the Purchaser during

the period of tender validity:

(a) Fails or refuses to execute the Contract Agreement if required: or

(b) Fails or refuses to furnish the Security deposit, in accordance with the terms and

conditions stipulated in the tender document:

We undertake to pay the Purchaser up to the above amount upon receipt of its first written demand,

without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser

will note that the amount claimed by its is due to it, owing to the occurrence of one or both of the two

conditions, specifying the occurred condition or conditions.

This guarantee will remain in force up to and including forty five (45) days after the period of

the tender validity, and any demand in respect thereof should reach the Bank not later than the above

date.

…………………………………

(Signature & Seal of the Bank)

Signature and Stamp of Tenderer

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Instruction to Tenderer

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ANNEX – 10

TECHNICAL SPECIFICATIONS COMPLIANCE

Following are the minimum requirements, Products offered must meet these parameters herein.

Tender No.________________ for Supply of ____________________________

Name of Manufacturer: ______________ Make & Model quoted: ___________________

Sr.

No.

Technical specifications/

composition of tender

enquiry(Step by Step)

Compliance on each parameter with

detailed substantiation how the offered

product meets the requirement.

Remarks, if any

Signature and Seal of Tenderer

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Instruction to Tenderer

Copyright @ DVET 2012 Page 30 of 35

Annex – 11

No Deviation Statement

No Deviation statement of specification of the equipment offered giving details of specification in

following pro-forma only (No other formats will be accepted):

Tender No.________________ for Supply of ____________________________

Name of Manufacturer: ______________ Make & Model quoted: ___________________

Specification of

equipment stated in

Tender Enquiry step

by step

Specification of

equipment offered

by Tenderer step by

step

Whether there are

deviation from the

tender specification

Yes / No

If yes, indicate clearly

which the deviations

are.

1 2 3 4

This is to certify that ‘there is no deviation between tender specifications and specifications quoted

by us.

Signature & Seal of Tenderer

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Instruction to Tenderer

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ANNEX – 12

BANK GUARANTEE FOR SECURITY DEPOSIT

To,

The Director (Training),

Directorate of Vocational Education & Training,

3, Mahapalika Marg, Mumbai-400001

WHEREAS ………………………………………………………………. (Name of Supplier)

Hereinafter called “the Supplier” has undertaken, in pursuance of Contract No……………. dated,

200 …. To supply …………………………………………………………………………….

(Description of Goods and Services) hereinafter called “the Contract”.

AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall furnish

you with a Bank Guarantee by a recognized bank for the sum specified therein as security for

compliance with the Supplier’s performance obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the Supplier a Guarantee:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the

supplier, up to a total of ………………………………………… ………………………………

(Amount of the guarantee in Words and Figures) and we undertake to pay you, upon your first

written demand declaring the Supplier to be in default under the Contract and without cavil or

argument, any sum or sums within the limit of ……………………………….. (Amount of

Guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your

demand or the sum specified therein.

This guarantee is valid until the …………… day of …………………….. 200

Signature and Seal of Guarantors

……………………………………

……………………………………

…………………………………………

… ..Date ……200………….

Address ………………………………

……………………………………

……………………………………

Signature and Seal of Tenderer

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Instruction to Tenderer

Copyright @ DVET 2012 Page 32 of 35

Annex-13

Contract Agreement

An Agreement made this ………………… day…………………………………………..

......................................................two thousand and ……………………………….

……………………………………………………………………………………………………..

……………………………………………... (hereinafter called “the contractor”) of the one part

Purchasing Officer and the Government of Maharashtra (hereinafter called “the Government”) of the

other part.

Whereas the contractor has tendered to the Government for supply to the Purchasing Officer

[hereinafter called of the articles specified in the schedule “A” (attached) as per delivery instructions

given in the acceptance of tender at the respective prices or rates mentioned opposite to the said

articles in the column provided for the purpose and whereas such tender has been accepted and the

contractor has deposited with the P. O. a sum of (Rs. ……………………

…………………………………… in …………………………………………………………. )

Only as security for due fulfilment of this agreement.

Now it is hereby agreed between the parties hereto as follows :-

(1) The contractor has accepted the contract on the terms and conditions set out in the tender notice

No. ……………………………………. Dated ……………………….. as well in the

acceptance of tender No. ………………………………………………………….. dated

…….…………………………………………. Which will hold good during period of this

agreement.

(2) Upon breach by the contractor of any of the conditions of the agreement, the P. O may by a

notice in writing rescind, determine and put an end to this agreement without prejudice to the

right of the Government to claim damages for antecedent breaches thereof on the part of the

contractor and also to reasonable compensation for the loss occasioned by the failure of the

contractor to fulfil the agreement as certified in writing by the P. O. which certificate shall be

conclusive evidence of the amount of such compensation payable by the contractor to the

Government.

(3) Upon the determination of this agreement whether by effluxion of time or otherwise the said

deposite shall after the expiration of ………………………………… moths from the date of

such determination be returned to the contractor but without interest and after deducting

therefrom any sum due by the contractor to the Government under the terms and conditions of

this agreement.

(4) This agreement shall remain in force until the expiry of the date of delivery of materials but

notwithstanding herein or in the tender and acceptance forms contained the Government shall

not be bound to take the whole or any part of the estimated quantity herein or therein mentioned

and may cancel the contract at any time upon giving one month’s notice in writing without

compensating the contractor.

(5) In witness whereof the said …………………………………………………….. hath set his

hand hereto and has on behalf of the Government of Maharashtra affixed his hand and seal

hereto the day and year first above written

(6) Notice in connection with the contract may be given by the Director of Industries or any gazette

officer of the Stores Purchase Organisation, authorised by the Director.

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Instruction to Tenderer

Copyright @ DVET 2012 Page 33 of 35

(7) If subject to circumstances beyond control (force majeure) the contractor fails to deliver the

stores in accordance with the conditions mentioned in the A/T, the Purchasing Officer shall, at

his option be entitled either :-

a. to recover from the contractor as agreed liquidated damages or by way of penalty a sum not

exceeding ½ per cent of the price of the stores which the contractor has failed to deliver as

aforesaid for each week or part of a week during which the delivery of such stores may be in

arrears, or

b. to purchase elsewhere, after giving due notice to the contractor on the account and at the risk of

the contractor the stores not delivered or others of a similar description (where other exactly

complying with the particulars are not, in the opinion of the Purchasing Officer which shall be

final, readily procurable) without cancelling contract in respect of consignment not yet due for

delivery, or

c. to cancel the contract.

(8) In the event of action being taken under (a), (b) or (c) the contractor shall be liable for any loss

which the Purchasing Officer, may sustain on that account.

The recovery on account of agreed liquidated damages or by way of penalty under (a) above

will be made by deducting the amount in the bills and the recovery of any loss, which the

Purchasing Officer may sustain under (b) and (c) should be made good by a credit note within

the stipulated period for the purpose.

Mumbai,

Witness:-

1.

2.

Contractor,

Purchasing Office, on behalf of the Governor of

Maharashtra, Mumbai.

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Instruction to Tenderer

Copyright @ DVET 2012 Page 34 of 35

Annex-B

Tender Form & Specification of the tender item :

GOVT. OF MAHARASHTRA

DIRECTORATE OF VOCATIONAL EDUCATION & TRAINING, MAHARASHTRA STATE

3, Mahapalika Marg, Post Box No.10036, Mumbai – 400 001. Website- www.dvet.gov.in E-mail:[email protected] Fax:22659235 Ph:22620604/1008/0293

(EMD 3% of the offer Limited to Rs.5000/-) IMP : 1) Prescribed Tender Form should be submitted to the DIRECTOR OF TRAINING, DIRECTORATE OF

VOCATIONAL EDUCATION & TRAINING, MAHARASHTRA STATE, MUMBAI – 400 001 digitally signed by the tenderer, otherwise offer will be rejected.

2) Detailed Technical specifications are given below.

E- TENDER NOTICE NO. : 16/DVET/TE-006/12251 /2012-13

TENDER NO. : TE-12251

TENDER SHALL REMAIN VALID TILL : 31st March, 2013 DELIVERY PERIOD : 6 To 8 Weeks from Date of issue of order

Sr. No.

Name of the Items Quantity

1 Specialized Wireman Toolset 2000

SR.No. TE-12251

Price Rs.2000/- 2012-2013

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Instruction to Tenderer

Copyright @ DVET 2012 Page 35 of 35

SPECIALISED WIREMAN TOOL SET

PRIMARY ITEM : COMPLETE WIREMAN TOOL SET

1 Tape Rules 3Metre

2 Multimetre

3 Slip Joint plier 8"

4 Long Nose plier 6"

5 Metric Hex key set 10 pcs

6 Adjustable wrench 6"

7 Cushion Grip #1 x 100 mm

8 Cushion Grip 5 x 100 mm

9 Digital spark test Pen

10 Torch light

11 PVC Adhesive Tape

12 Electricial Knife

13 Water prrof tool Bag

Signature & Seal of Tenderer

TE-12251

2012-2013