1Tele : 23010419 Integrated Headquarters

Ministry of Defence (Navy) Directorate of Procurement Sena Bhawan

New Delhi – 110011

DPR/157015 09 Feb 16

REQUEST FOR PROPOSAL

PROCUREMENT OF ECC CLOTHING

1. Bids (Commercial and Technical) in sealed cover are invited for supply ofitems listed in Part II of this RFP. Please superscribe the above-mentioned Title, RFPnumber and date of opening of the Bids on the sealed cover to avoid the Bid beingdeclared invalid.

2. The address and contract numbers for sending Bid or seeking clarificationsregarding this RFP are given below:-

(a) Bids / queries to be addressed to:

Directorate of Procurement Integrated Headquarters of Ministry of Defence (Navy)‘C’ Wing, Sena BhawanNew Delhi - 110011

(b) Postal address for sending the Bids:

Directorate of Procurement Integrated Headquarters of Ministry of Defence (Navy)‘C’ Wing, Sena BhawanNew Delhi - 110011

(c ) Name/designation of the contact personnel:

Lt Cdr Raunak Sharma, DDPRO(IT)

(d) Telephone numbers of the contact personnel: 011- 23010419

E-mail id of contact personnel: ddpro_it@ilms.gov.in

(e) Fax number: 011- 23793021

3. This RFP is divided into five Parts as follows:

2(a) Part I – Contains General Information and Instructions for the Biddersabout the RFP such as the time, place of submission and opening of tenders,Validity period of tenders, etc.

(b) Part II – Contains essential details of the items/services required, such asthe Schedule of Requirements (SOR), Technical Specifications, Delivery Period,Mode of Delivery and Consignee details.

(c) Part III – Contains Standard Conditions of RFP, which will form part of theContract with the successful Bidder.

(d) Part IV – Contains Special Conditions applicable to this RFP and whichwill also form part of the contract with the successful Bidder.

(e) Part V- Contains Evaluation Criteria and format for price bids.

4. This RFP is being issued with no financial commitment and the Buyer reservesthe right to change or vary any part thereof at any stage. Buyer also reserves the rightto withdraw the RFP, should it become necessary at any stage.

(Raunak Sharma)Lt CommanderDDPRO(IT)

Encl:-

1. Specification2. Vendor Evaluation Matrix3. Technical Evaluation Matrix

PART I – GENERAL INFORMATION

31. Last date and time for depositing the Bids: is 1100 Hrs on 12 May 2016. Thesealed bids (both Technical and Commercial Bid as per Para 6 below should be sealedin separate envelopes before being sealed together in another envelope) should bedeposited/reach by the due date and time. The responsibility to ensure this lies with theBidder.

2. Manner of depositing the Bids: Sealed Bids should be either dropped in theTender Box marked as ‘DPRO’s TENDER BOX’ located at Gate No.1 of the SenaBhawan(Opposite to DRDO Bhawan Gate) or sent by registered post at the addressgiven above so as to reach by the due date and time. Late tenders will not beconsidered. No responsibility will be taken for postal delay or non-delivery/non-receiptof Bid documents. Bids sent by FAX or e-mail will not be considered (unless they havebeen specifically called for by these modes due to urgency).

3. Time and date for opening of Bids: 1500 Hrs on 12 May 2016 (If due to anyexigency, the due date for opening of the Bids is declared a closed holiday, the Bids willbe opened on the next working day at the same time or on any other day/time, asintimated by the Buyer).

4. Location of the Tender Box: Gate No. 1 (Opposite DRDO Gate), Near GuardRoom, Sena Bhawan, New Delhi 110011. Only those Bids that are found in the tenderbox or received through Government Postal Services will be opened. Bids dropped inthe wrong Tender Box or through Pvt. Courier will be rendered invalid.

5. Place of opening of the Bids: Room No. 422-B, ‘C’ Wing Sena Bhawan TheBidders may depute their representatives, duly authorized in writing, to attend theopening of Bids on the due date and time. Rates and important commercial/technicalclauses quoted by all Bidders will be read out in the presence of the representatives ofall the Bidders. This event will not be postponed due to non-presence of yourrepresentative.

6. Two-Bid system: The procurement would be on a Two-bid system, and onlythe Technical Bid would be opened on the time and date mentioned above. Date ofopening of the Commercial Bid will be intimated after acceptance of the Technical Bids.Commercial Bids of only those firms will be opened, whose Technical Bids are foundcompliant/suitable after Technical evaluation is done by the Buyer. The Matrix forVender & Technical evaluation are placed at Enclosure II and III respectively of thisRFP. The decision of the technical evaluation committee (TEC) would be final andbinding upon all vendors participating in the tender.

7. Forwarding of Bids : Bids should be forwarded by Bidders under theiroriginal memo / letter pad inter alia furnishing details like TIN number, VAT/CSTnumber, Bank address with NEFT Account if applicable, etc and complete postal & e-mail address of their office.

8. Clarification regarding contents of the RFP: A prospective bidder whorequires clarification regarding the contents of the bidding documents shall notify to theBuyer in writing about the clarifications sought not later than 14 (fourteen) days prior tothe date of opening of the Bids. Copies of the query and clarification by the purchaserwill be sent to all prospective bidders who have received the bidding documents.

9. Modification and Withdrawal of Bids: A bidder may modify or withdraw hisbid after submission provided that the written notice of modification or withdrawal isreceived by the Buyer prior to deadline prescribed for submission of bids. A withdrawal

4notice may be sent by fax but it should be followed by a signed confirmation copy to besent by post and such signed confirmation should reach the purchaser not later thanthe deadline for submission of bids. No bid shall be modified after the deadline forsubmission of bids. No bid may be withdrawn in the interval between the deadline forsubmission of bids and expiration of the period of bid validity specified. Withdrawal of abid during this period will result in Bidder’s forfeiture of bid security.

10. Clarification regarding contents of the Bids: During evaluation andcomparison of bids, the Buyer may, at its discretion, ask the bidder for clarification ofhis bid. The request for clarification will be given in writing and no change in prices orsubstance of the bid will be sought, offered or permitted. No post-bid clarification on theinitiative of the bidder will be entertained.

11. Rejection of Bids: Canvassing by the Bidder in any form, unsolicited letter andpost-tender correction may invoke summary rejection with forfeiture of EMD.Conditional tenders will be rejected.

12. Unwillingness to quote: Bidders unwilling to quote should ensure thatintimation to this effect reaches before the due date and time of opening of the Bid,failing which the defaulting Bidder may be delisted for the given range of items asmentioned in this RFP.

13. Validity of Bids: The Bids should remain valid till 180 days from the last date ofsubmission of the Bids.

14. Earnest Money Deposit :– Bidders are required to submit Earnest MoneyDeposit (EMD) for amount of Rs. 50,000.00(Rupees Fifty Thousand Only) alongwith their bids. The EMD may be submitted in the form of an Account Payee DemandDraft, Fixed Deposit Receipt, Banker's Cheque or Bank Guarantee from any of thepublic sector banks or a private sector bank authorized to conduct governmentbusiness as per Form DPM-16 (Available in MoD website and can be provided onrequest). EMD is to remain valid for a period of forty-five days beyond the final bidvalidity period. EMD of the unsuccessful bidders will be returned to them at the earliestafter expiry of the final bid validity and latest on or before the 30th day after the awardof the contract. The Bid Security of the successful bidder would be returned, withoutany interest whatsoever, after the receipt of Performance Security from them as calledfor in the contract. EMD is not required to be submitted by those Bidders who areregistered with the Central Purchase Organization (e.g. DGS&D), National SmallIndustries Corporation (NSIC) or any Department of MoD or MoD itself. The EMD willbe forfeited if the bidder withdraws or amends, impairs or derogates from the tender inany respect within the validity period of their tender.

15. Pre-Bid Vendor Conference: To bring interested vendors at par, a prebid meeting will be held at 1100 Hrs, IHQ MOD (Navy) Sena Bhawan, New Delhi110011 on 22 Mar 2016. The contact person of AHSP, Lt Cdr Pawan Deep,DDCV at Tel No 011-23010279 at IHQ MoD(N)/DCV Room No. 220. D-II Wing,Sena Bhawan, New Delhi-110011 is to be contacted for details. A maximum oftwo representatives of vendor would be permitted to attend the conference.Vendor willing to participate in the conference may confirm their nomination by21 Mar 2016 to DCV on telephone 011-23010279, Tele Fax No. 23010284.

5PART II – Essential Details Of Items/Services Required

1. Schedule of Requirements – Total 50 sets of Extreme Cold Climate Clothingfor Marcos as details given below : -

SNO. ITEMS DETAILS QTY

(a) Jacket 3 layer Protective for upto 40 C Small 07(b) Jacket 3 layer Protective for upto 40 C

Medium18

(c) Jacket 3 layer Protective for upto 40 C Large 18(d) Jacket 3 layer Protective for upto 40 C

Ex large 07

(e) Trouser 3 layer Protective for upto 40 C Small

07

(f) Trouser 3 layer Protective for upto 40 C Medium

18

(g) Trouser 3 layer Protective for upto 40 C Large

18

(h) Trouser 3 layer Protective for upto 40 C Ex. Large

07

(j) Gloves Windstopper Small 07(k) Gloves Windstopper Medium 18(l) Gloves Windstopper Large 18

(m) Gloves Windstopper Ex. Large 07(n) Boot Protective size – 7 07(p) Boot Protective size – 8 18(q) Boot Protective size – 9 18(r) Boot Protective size – 10 07

Total 50 Sets

2. Technical Details:

(a) The items are to be supplied as per specification placed at Enclosure-I to this RFP.

(b) The following are to be embossed/printed on the ECC Clothing :-

i. Logo of Indian Navy/“Property of Indian Navy”ii. Order No and date.iii. Firm’s Name and manufacturing batch/date detailsiv. Wash care instructions

(c) The Authority Holding Sealed Particulars (AHSP) for the specificationsholds the power and right to amend/enhance/delete any content of thespecification at its discretion. The AHSP for this specification is (including allfuture reference to AHSP in this tender):-

Principal Director of Clothing & Victualling

6 Integrated Hedadquarters of Ministry of Defence (Navy) Room no. 122, D-II Wing Sena Bhavan, New Delhi

(d) Pilot sample – After the contract is negotiated, the firm is required tosubmit 02 Nos. ECC Clothing as Pilot sample manufactured strictly as perspecification alongwith lab test report from NABL accredited labs within 60days from the effective order date. Bulk Product ion Clearance (BPC)certificate will be issued based on lab test reports and adherence to allparameters, feel finish etc. Bulk production will be on firms risk and cost foradherence to tendered specification. Acceptance of lot will be subject toinspection by buyer. Subsequent to receipt of BPC, the supplies of orderedquantity would have to be completed by the vendor. (Delay/Lead timecaused due to need for submission of revised Pilot Sample in case ofnon-adhedrence of first pilot sample, would be considered as delayattributable to the vendor and would be liable for applicability of LDClause as per prevalent regulation).

(e) Inspection

Inspection Authority – The Principal Director of Clothing & Victualling D-II Wing,

Sena Bhawan, New Delhi

Inspection Officer - Officers nominated from DCV and DSOD.

The lab test charges for the samples drawn during bulk inspection lots will beborne by the supplier.

3. Two bid system :- The evaluation of the bids will be on a two bid system,wherein a tender sample and technical bid will be opened on the TOD and evaluatedprior to opening of commercial bids. Bidders are required to furnish clause by clausecompliance of specification in any, bidders are advised to submit the compliancestatement in the following format alongwith Technical bid :-

Para of RFPspecificationsitem wise

Specificationof item offered

Compliance toRFP specification– whether Yes/No

In case of noncompliance,deviation fromRFP to bespecified inunambiguousitems

Attacheddocument EnclNo.

(a) The bidders are to ensure that criteria indicated at compliance matrixplaced at Enclosure II and Enclosure III are met and all supportingdocuments are enclosed with the Technical bid.

(b) Four tender sample of ECC Clothing prepared as per specificationmust be offered alongwith the technical bid. The sample must conform to allthe parameters as per enclosed specification. The sample submitted bybidders would be lab tested centrally by IHQ MOD(N). The lab test charges

7will be borne by the supplier. Bid received without sample will be rejectedoutright.

(c) The firms are to fill and sign the compliance evaluation matrix placedat Encl II and III and same to be submitted alongwith all supportingdocuments with the Technical bid.

(d) Technical bid evaluation will be undertaken by this organization, by aboard of officers (TEC).

(e) No price should be indicated in the Technical bid.

4. Delivery Period – Delivery period for supply of items would be 4 months fromthe effective date of contract. Please note that contract can be cancelled unilaterally bythe buyer in case items are not received within the contracted delivery period.Extension of contracted delivery period will be at the sole discretion of the Buyer Withapplicability of LD clause.

5. Delivery and Transportation – The stores shall be delivered on FORdestination to consignee.

6. Consignee details – The Controller Warehousing Naval Store Depot (Ghatkoper) West, Mumbai - 86

Ultimate Consignee - The Commanding Officer INS India Dalhousie Road New Delhi 110011

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PART III – STANDARD CONDITIONS OF RFP

The Bidder is required to give confirmation of their acceptance of the StandardConditions of the Request for Proposal mentioned below which will automatically beconsidered as part of the Contract concluded with the successful Bidder (i.e. Seller inthe Contract) as selected by the Buyer. Failure to do so may result in rejection of theBid submitted by the Bidder.

1. Law: The Contract shall be considered and made in accordance with the lawsof the Republic of India. The contract shall be governed by and interpreted inaccordance with the laws of the Republic of India.

2. Effective Date of the Contract: The contract shall come into effect on the dateof signatures of both the parties on the contract (Effective Date) and shall remain validuntil the completion of the obligations of the parties under the contract. The deliveriesand supplies and performance of the services shall commence from the effective dateof the contract.

3. Arbitration: All disputes or differences arising out of or in connection with theContract shall be settled by bilateral discussions. Any dispute, disagreement orquestion arising out of or relating to the Contract or relating to construction orperformance, which cannot be settled amicably, may be resolved through arbitration.The standard clause of arbitration is as per Forms DPM-7, DPM-8 and DPM-9(Available in MoD website and can be provided on request).

4. Penalty for use of Undue influence: The Seller undertakes that he has notgiven, offered or promised to give, directly or indirectly, any gift, consideration, reward,commission, fees, brokerage or inducement to any person in service of the Buyer orotherwise in procuring the Contracts or forbearing to do or for having done or forborneto do any act in relation to the obtaining or execution of the present Contract or anyother Contract with the Government of India for showing or forbearing to show favouror disfavour to any person in relation to the present Contract or any other Contract withthe Government of India. Any breach of the aforesaid undertaking by the Seller or anyone employed by him or acting on his behalf (whether with or without the knowledge ofthe Seller) or the commission of any offers by the Seller or anyone employed by him oracting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or thePrevention of Corruption Act, 1986 or any other Act enacted for the prevention ofcorruption shall entitle the Buyer to cancel the contract and all or any other contractswith the Seller and recover from the Seller the amount of any loss arising from suchcancellation. A decision of the Buyer or his nominee to the effect that a breach of theundertaking had been committed shall be final and binding on the Seller. Giving oroffering of any gift, bribe or inducement or any attempt at any such act on behalf of theSeller towards any officer/employee of the Buyer or to any other person in a position toinfluence any officer/employee of the Buyer for showing any favour in relation to this orany other contract, shall render the Seller to such liability/ penalty as the Buyer maydeem proper, including but not limited to termination of the contract, imposition of penaldamages, forfeiture of the Bank Guarantee and refund of the amounts paid by theBuyer.

95. Agents / Agency Commission: The Seller confirms and declares to the Buyerthat the Seller is the original manufacturer of the stores/provider of the servicesreferred to in this Contract and has not engaged any individual or firm, whether Indianor foreign whatsoever, to intercede, facilitate or in any way to recommend to theGovernment of India or any of its functionaries, whether officially or unofficially, to theaward of the contract to the Seller; nor has any amount been paid, promised orintended to be paid to any such individual or firm in respect of any such intercession,facilitation or recommendation. The Seller agrees that if it is established at any time tothe satisfaction of the Buyer that the present declaration is in any way incorrect or if ata later stage it is discovered by the Buyer that the Seller has engaged any suchindividual/firm, and paid or intended to pay any amount, gift, reward, fees, commissionor consideration to such person, party, firm or institution, whether before or after thesigning of this contract, the Seller will be liable to refund that amount to the Buyer. TheSeller will also be debarred from entering into any supply Contract with theGovernment of India for a minimum period of five years. The Buyer will also have aright to consider cancellation of the Contract either wholly or in part, without anyentitlement or compensation to the Seller who shall in such an event be liable to refundall payments made by the Buyer in terms of the Contract along with interest at the rateof 2% per annum above LIBOR rate. The Buyer will also have the right to recover anysuch amount from any contracts concluded earlier with the Government of India.

6. Access to Books of Accounts: In case it is found to the satisfaction of theBuyer that the Seller has engaged an Agent or paid commission or influenced anyperson to obtain the contract as described in clauses relating to Agents/AgencyCommission and penalty for use of undue influence, the Seller, on a specific request ofthe Buyer, shall provide necessary information/ inspection of the relevant financialdocuments/information.

7. Non-disclosure of Contract documents: Except with the written consentof the Buyer/ Seller, other party shall not disclose the contract or any provision,specification, plan, design, pattern, sample or information thereof to any third party.

8. Liquidated Damages: In the event of the Seller's failure to submit theBonds, Guarantees and Documents, supply the stores/goods and conduct trials,installation of equipment, training, etc as specified in this contract, the Buyer may, athis discretion, withhold any payment until the completion of the contract. The BUYERmay also deduct from the SELLER as agreed, liquidated damages to the sum of 0.5%of the contract price of the delayed/undelivered stores/services mentioned above forevery week of delay or part of a week, subject to the maximum value of the LiquidatedDamages being not higher than 10% of the value of delayed stores.

9. Termination of Contract: The Buyer shall have the right to terminate thisContract in part or in full in any of the following cases:-

(a) The delivery of the material is delayed for causes not attributable to ForceMajeure beyond the scheduled date of delivery for each deliverable as indicatedat Part II of this RFP.

(b) The Seller is declared bankrupt or becomes insolvent.

(c) The delivery of material is delayed due to causes of Force Majeure by morethan 04 months provided Force Majeure clause is included in contract.

10(d) The Buyer has noticed that the Seller has utilized the services of anyIndian/Foreign agent in getting this contract and paid any commission to suchindividual/company etc.

(e) As per decision of the Arbitration Tribunal.

10. Notices: Any notice required or permitted by the contract shall be written inthe English language and may be delivered personally or may be sent by FAX orregistered pre-paid mail/airmail, addressed to the last known address of the party towhom it is sent.

11. Transfer and Sub-letting: The Seller has no right to give, bargain, sell,assign or sublet or otherwise dispose of the Contract or any part thereof, as well as togive or to let a third party take benefit or advantage of the present Contract or any partthereof.

12. Patents and other Industrial Property Rights: The prices stated in thepresent Contract shall be deemed to include all amounts payable for the use ofpatents, copyrights, registered charges, trademarks and payments for any otherindustrial property rights. The Seller shall indemnify the Buyer against all claims from athird party at any time on account of the infringement of any or all the rights mentionedin the previous paragraphs, whether such claims arise in respect of manufacture oruse. The Seller shall be responsible for the completion of the supplies including spares,tools, technical literature and training aggregates irrespective of the fact of infringementof the supplies, irrespective of the fact of infringement of any or all the rights mentionedabove.

13. Amendments: No provision of present Contract shall be changed ormodified in any way (including this provision) either in whole or in part except by aninstrument in writing made after the date of this Contract and signed on behalf of boththe parties and which expressly states to amend the present Contract.

14. Taxes and Duties :

(a) In respect of Indigenous bidders:

(i) General

1. If Bidder desires to ask for excise duty or Sales Tax / VAT extra,the same must be specifically stated. In the absence of any suchstipulation, it will be presumed that the prices include all such chargesand no claim for the same will be entertained.

2. If reimbursement of any Duty/Tax is intended as extra over thequoted prices, the Bidder must specifically say so. In the absence of anysuch stipulation it will be presumed that the prices quoted are firm andfinal and no claim on account of such duty/tax will be entrained after theopening of tenders.

3. If a Bidder chooses to quote a price inclusive of any duty/tax anddoes not confirm inclusive of such duty/tax so included is firm and final,he should clearly indicate the rate of such duty/tax and quantum of suchduty/tax included in the price. Failure to do so may result in ignoring ofsuch offers summarily.

11

4. If a Bidder is exempted from payment of any duty/tax upto anyvalue of supplies from them, he should clearly state that no such duty/taxwill be charged by him up to the limit of exemption which he may have. Ifany concession is available in regard to rate/quantum of any Duty/tax, itshould be brought out clearly. Stipulations like, the said duty/tax waspresently not applicable but the same will be charged if it becomesleviable later on, will not be accepted unless in such cases it is clearlystated by a Bidder that such duty/tax will not be charged by him even ifthe same becomes applicable later on. In respect of the Bidders, who failto comply with this requirement, their quoted prices shall be loaded withthe quantum of such duty/tax which is normally applicable on the item inquestion for the purpose of comparing their prices with other Bidders.

5. Any change in any duty/tax upward/downward as a result of anystatutory variation in excise taking place within contract terms shall beallowed to the extent of actual quantum of such duty/tax paid by thesupplier. Similarly, in case of downward revision in any duty/tax, theactual quantum of reduction of such duty/tax shall be reimbursed to theBuyer by the Seller. All such adjustments shall include all reliefs,exemptions, rebates, concession etc. if any obtained by the Seller.

ii) Customs Duty – For imported stores offered against forwarddelivery, the Bidder shall quote prices thereof exclusive of customs duty.The Bidder shall specify separately the C.I.F. prices and total amount ofcustoms duty payable. They will also indicate correctly the rate ofcustoms duty applicable along with Indian Customs Tariff Number.Customs duty exemption certificate will be provided by Navy for basiccost of item. Other charges (CVC, SAD, Cess, etc.) paid at actual will bereimbursed on production of necessary documents

iii) Excise Duty : - 1. Where the excise duty is payable on advalorem basis, the Biddershould submit along with the tender, the relevant form and theManufacturer’s price list showing the actual assessable value of thestores as approved by the Excise authorities.

2. Bidders should note that in case any refund of excise duty isgranted to them by Excise authorities in respect of Stores supplied underthe contract, they will pass on the credit to the Buyer immediately alongwith a certificate that the credit so passed on relates to the Excise Duty,originally paid for the stores supplied under the contract. In case of theirfailure to do so, within 10 days of the issue of the excise duty refundorders to them by the Excise Authorities the Buyer would be empoweredto deduct a sum equivalent to the amount refunded by the ExciseAuthorities without any further reference to them from any of theiroutstanding bills against the contract or any other pending GovernmentContract and that no disputes on this account would be raised by them.

3. The Seller is also required to furnish to the Paying Authority the following certificates:

(a) Certificate with each bill to the effect that no refund has beenobtained in respect of the reimbursement of excise duty made to

12the Seller during three months immediately preceding the date ofthe claim covered by the relevant bill.

(b) Certificate as to whether refunds have been obtained orapplied for by them or not in the preceding financial year after theannual Audit of their accounts also indicating details of suchrefunds/applications, if any.

(c) A certificate along with the final payment bills of the Seller tothe effect whether or not they have any pending appeal/protest forrefund or partial refund of excise duties already reimbursed to theSeller by the Government pending with the Excise authorities andif so, the nature, the amount involved, and the position of suchappeals.

(d) An undertaking to the effect that in case it is detected by theGovernment that any refund from Excise Authority was obtainedby the Seller after obtaining reimbursement from the PayingAuthority, and if the same is not immediately refunded by the Seller

to the Paying Authority giving details and particulars of thetransactions, Paying Authority will have full authority to recoversuch amounts from the Seller’s outstanding bills against thatparticular contract or any other pending Government contracts andthat no dispute on this account would be raised by the Seller.

4. Unless otherwise specifically agreed to in terms of the contract,the Buyer shall not be liable for any claim on account of fresh impositionand/or increase of Excise Duty on raw materials and/or components useddirectly in the manufacture of the contracted stores taking place duringthe pendency of the contract.

iv) Sales Tax / VAT

1. If it is desired by the Bidder to ask for Sales tax / VAT to be paid asextra, the same must be specifically stated. In the absence of any suchstipulation in the bid, it will be presumed that the prices quoted by theBidder are inclusive of sales tax and no liability of sales tax will bedeveloped upon the Buyer.

2. On the Bids quoting sales tax extra, the rate and the nature ofSales Tax applicable at the time of supply should be shown separately.Sales tax will be paid to the Seller at the rate at which it is liable to beassessed or has actually been assessed provided the transaction of saleis legally liable to sales tax and the same is payable as per the terms ofthe contract.

v) Octroi Duty & Local Taxes

131. Normally, materials to be supplied to Government Departmentsagainst Government Contracts are exempted from levy of town duty,Octroi Duty, Terminal Tax and other levies of local bodies. The localTown/Municipal Body regulations at times, however, provide for suchExemption only on production of such exemption certificate from anyauthorised officer. Seller should ensure that stores ordered againstcontracts placed by this office are exempted from levy of TownDuty/Octroi Duty, Terminal Tax or other local taxes and duties. Whereverrequired, they should obtain the exemption certificate from the Buyer, toavoid payment of such local taxes or duties.

2. In case where the Municipality or other local body insists uponpayment of these duties or taxes the same should be paid by the Seller toavoid delay in supplies and possible demurrage charges. The receiptobtained for such payment should be forwarded to the Buyer withoutdelay together with a copy of the relevant act or by-laws/notifications ofthe Municipality of the local body concerned to enable him to take up thequestion of refund with the concerned bodies if admissible under the saidacts or rules.

PART IV – SPECIAL CONDITIONS OF RFP

The Bidder is required to give confirmation of their acceptance of Special Conditions ofthe RFP mentioned below which will automatically be considered as part of the

14Contract concluded with the successful Bidder (i.e. Seller in the Contract) as selectedby the Buyer. Failure to do so may result in rejection of Bid submitted by the Bidder.

1. Performance Guarantee: The Bidder will be required to furnish a PerformanceGuarantee by way of Bank Guarantee through a public sector bank or a private sectorbank authorized to conduct government business (ICICI Bank Ltd., Axis Bank Ltd orHDFC Bank Ltd.) for a sum equal to 10% of the contract value within 30 days of receiptof the confirmed order. Performance Bank Guarantee should be valid up to 60 daysbeyond the date of warranty. The specimen of PBG is given in Form DPM-15 (Availablein MoD website and can be provided on request).

2. Tolerance clause: To take care of any change in the requirement during theperiod starting from issue of RFP till placement of the contract, Buyer reserves the rightto 15% plus/minus increase or decrease the quantity of the required goods upto thatlimit without any change in the terms & conditions and price quoted by the seller. Whileawarding the contract, the quantity ordered can be increased or decreased by thebuyer within this tolerance limit.

3 Payment Terms for indigenous Sellers:- It will be mandatory for the Bidders toindicate their bank account numbers and other relevant e-payment details so thatpayment could be made through ECS/EFT mechanism instead of payment throughcheques, wherever feasible. A copy of the model mandate from prescribed by RBI tobe submitted by Bidders for receiving payments through ECS is at Form DPM-11(Available in MoD Website and can be given on request). The payment will be madeas per the following terms, on production of the requisite documents.

(a) 95% Payment against Inspection note, Proof of dispatch duly supported byPhotocopy, Copy of the bank guarantee and against Consignee’s Provisional receipt.Balance of 5% will be paid on receipt of items in good condition by the consignee.

4. Paying Authority:

The payment of bills will be made on submission of the following documents bythe Seller to the Paying Authority, along with the bill:

(a) Ink-signed copy of NSO-25. (b) Ink-signed copy of Commercial invoice / Seller’s bill. (c) Copy of Supply Order/Contract with U.O. number and date of IFA’sconcurrence, where required under delegation of powers. (d) SRVs in duplicate for payment pertaining to receipt of stores atconsignee’s end. (e) Claim for statutory and other levies to be supported with requisitedocuments / proof of payment such as Excise duty challan, Customs dutyclearance certificate, Octroi receipt, proof of payment for EPF/ESIC contributionwith nominal roll of beneficiaries, etc as applicable.(f) Exemption certificate for Excise duty / Customs duty, if applicable.(g) Guarantee / Warranty certificate. Certificate regarding Year ofManufacture.(h) DP extension letter with CFA’s sanction, U.O. number and date of IFA’sconcurrence, where required under delegation of powers, indicating whetherextension is with or without LD.(i) Details for electronic payment viz Account holder’s name, Bank name,Branch name and address, Account type, Account number, IFSC code, MICRcode (if these details are not incorporated in supply order/contract).

15(j) Any other document / certificate that may be provided for in the SupplyOrder / Contract. (k) User Acceptance, if issue of the same is directed by the AHSP inaddition.(L) Xerox copy of PBG.(m) Bank Guarantee for advance, if any.

(Note – From the above list, the documents that may be required dependingupon the particulars of the procurement being undertaken, may be indicated inRFP)

5. Advance Payment – No advance payment will be made.

6. Risk & Expense Clause.

(a) Should the stores or any installment thereof not be delivered within thetime or times specified in the contract documents, or if defective delivery ismade in respect of the stores or any installment thereof, the Buyer shall aftergranting the Seller 45 days to cure the breach, be at liberty, without prejudice tothe right to recover liquidated damages as a remedy for breach of contract, todeclare the contract as cancelled either wholly or to the extent of such default.

(b) Should the stores or any installment thereof not perform in accordancewith the specifications / parameters provided by the SELLER during the checkproof tests to be done in the BUYER’s country, the BUYER shall be at liberty,without prejudice to any other remedies for breach of contract, to cancel thecontract wholly or to the extent of such default.

(c) In case of a material breach that was not remedied within 45 days, theBUYER shall, having given the right of first refusal to the SELLER be at liberty topurchase, manufacture, or procure from any other source as he thinks fit, otherstores of the same or similar description to make good:

1. Such default.2. In the event of the contract being wholly determined the

balance of the stores remaining to be delivered there under.

(d) Any excess of the purchase price, cost of manufacturer, or value of anystores procured from any other supplier as the case may be, over the contractprice appropriate to such default or balance shall be recoverable from theSELLER. Such recoveries shall not exceed 25% of the value of the contract.

7. Force Majeure clause

(a) Neither party shall bear responsibility for the complete or partialnonperformance of any of its obligations (except for failure to pay any sumwhich has become due on account of receipt of goods under the provisions ofthe present contract), if the non-performance results from such Force Majeurecircumstances as Flood, Fire, Earth Quake and other acts of God as well as

16War, Military operation, blockade, Acts or Actions of State Authorities or anyother circumstances beyond the parties control that have arisen after theconclusion of the present contract.

(b) In such circumstances the time stipulated for the performance of anobligation under the present contract is extended correspondingly for theperiod of time of action of these circumstances and their consequences.

(c) The party for which it becomes impossible to meet obligations under thiscontract due to Force Majeure conditions, is to notify in written form the otherparty of the beginning and cessation of the above circumstances immediately,but in any case not later than 10 (Ten) days from the moment of their beginning.

(d) Certificate of a Chamber of Commerce (Commerce and Industry) or othercompetent authority or organization of the respective country shall be a sufficientproof of commencement and cessation of the above circumstances.

(e) If the impossibility of complete or partial performance of an obligationlasts for more than 6 (six) months, either party hereto reserves the right toterminate the contract totally or partially upon giving prior written notice of 30(thirty) days to the other party of the intention to terminate without any liabilityother than reimbursement on the terms provided in the agreement for the goodsreceived.

8. Specification: The following Specification will form part of the contract placedon successful Bidder - The Seller guarantees to meet the specifications as per Part-IIof RFP and to incorporate the modifications to the existing design configuration to meetthe current specification/ requirement of the Buyer.

9. Earliest Acceptable Year of Manufacture: Year of placement of order orsucceeding year. Quality / Life certificate will need to be enclosed with the Bill.

10. Packing and Marking: The following Packing and Marking clause will form partof the contract placed on successful Bidder –

(a) The Seller shall provide packing and preservation of the equipment and spares/goods contracted so as to ensure their safety against damage in the conditions of land, sea and air transportation, transshipment, storage and weather hazards during transportation, subject to proper cargo handling. The Seller shall ensure that the stores are packed in containers, which are made sufficiently strong, and with seasoned wood. The packing cases should have hooks for lifting by crane/fork lift truck. Tags with proper marking shall be fastened to the special equipment, which cannot be packed.

(b) The packing of the equipment and spares/goods shall conform to the requirements of specifications and standards in force in the territory of the Seller’s country.

(c) ECC Clothing items to be packed in standard carton. A label in Englishshall be pasted on the carton indicating the under mentioned details of the itemcontained in the carton. A tag in English with said information shall also beattached to six samples of the item. If quantity contracted is less than six thentag shall be affixed to complete quantity contracted of the item. The cartons shallthen be packed in packing cases as required.

(i) Part Number:

17(ii) Nomenclature:

(iii) Contract number :

(iv) Quantity contracted:

(d) One copy of the packing list in English shall be inserted in each cargo package, and the full set of the packing lists shall be placed in Case No.1 painted in yellow colour.

(e) If necessary, each package shall be marked with warning inscriptions: <Top>, “Do not turn over”, category of cargo etc.

(f) Should any special equipment be returned to the Seller by the Buyer, thelatter shall provide normal packing, which protects the equipment andspares/goods from the damage of deterioration during transportation by land, airor sea. In this case the Buyer shall finalize the marking with the Seller.

11. Quality: The quality of the stores delivered according to the present Contractshall correspond to the technical conditions and standards valid for the deliveries of thesame stores for in Seller’s country or specifications enumerated as per RFP and shallalso include therein modification to the stores suggested by the Buyer. Suchmodifications will be mutually agreed to. The Seller confirm4s that the stores to besupplied under this Contract shall be new i.e. not manufactured before (Year ofContract), and shall incorporate all the latest improvements and modifications theretoand spares of improved and modified equipment are backward integrated andinterchangeable with same equipment supplied by the Seller in the past if any. TheSeller shall supply an interchangeability certificate along with the changed partnumbers wherein it should be mentioned that item would provide as much life as theoriginal item.

12. Quality Assurance: Seller would provide the Standard Acceptance TestProcedure (ATP) within one month of this date of contract. Buyer reserves the right tomodify the ATP. Seller would be required to provide all test facilities at his premises foracceptance and inspection by Buyer. The details in this regard will be coordinatedduring the negotiation of the contract. The item should be of the latest manufacture,conforming to the current production standard and having 100% defined life at the timeof delivery. Pilot samples and samples for bulk lots will be subjected to the LabTest by the buyers and payment of the Lab Tests will be borne by the suppliers.

13. Inspection Authority: The Inspection will be carried out by The PrincipalDirector of Special Operations & Diving, IHQ MoD(Navy) ‘A’ Block Hutments, NewDelhi – 110011 or personnel nominated by DSOD. The mode of Inspection will beDepartmental Inspection/User Inspection.

14. Franking clause: The following Franking clause will form part of the contractplaced on successful Bidder –

(a) Franking Clause in the case of Acceptance of Goods “The fact that the goods have been inspected after the delivery period and passed by the Inspecting Officer will not have the effect of keeping the contract alive. The goods are being passed without prejudice to the rights of the Buyer under the terms and conditions of the contract”.

18(b) Franking Clause in the case of Rejection of Goods “The fact that the goods have been inspected after the delivery period and rejected by the Inspecting Officer will not bind the Buyer in any manner. The goods are being rejected without prejudice to the rights of the Buyer under the terms and conditions of the contract.”

15. Claims: The following Claims clause will form part of the contract placed onsuccessful Bidder –

(a) The claims may be presented either: (a) on quantity of the stores, wherethe quantity does not correspond to the quantity shown in the PackingList/Insufficiency in packing, or (b) on quality of the stores, where quality doesnot correspond to the quality mentioned in the contract.

(b) The quantity claims for deficiency of quantity shall be presented within 45 days of completion of JRI and acceptance of goods. The quantity claim shall be submitted to the Seller as per Form DPM-22 (Available in MoD website and can be given on request).

(c) The quality claims for defects or deficiencies in quality noticed during theJRI shall be presented within 45 days of completion of JRI and acceptance ofgoods. Quality claims shall be presented for defects or deficiencies in qualitynoticed during warranty period earliest but not later than 45 days after expiry ofthe guarantee period. The quality claims shall be submitted to the Seller as perForm DPM-23 (Available in MoD website and can be given on request).

(d) The description and quantity of the stores are to be furnished to the Seller along with concrete reasons for making the claims. Copies of all the justifying documents shall be enclosed to the presented claim. The Seller will settle the claims within 45 days from the date of the receipt of the claim at the Seller’s office, subject to acceptance of the claim by the Seller. In case no response is received during this period the claim will be deemed to have been accepted.

(e) The Seller shall collect the defective or rejected goods from the location nominated by the Buyer and deliver the repaired or replaced goods at the same location under Seller’s arrangement.

(f) Claims may also be settled by reduction of cost of goods under claim from bonds submitted by the Seller or payment of claim amount by Seller through demand draft drawn on an Indian Bank, in favour of Principal Controller/Controller of Defence Accounts concerned.

(g) The quality claims will be raised solely by the Buyer and without any certification/countersignature by the Seller’s representative stationed in India.

16. Warranty –

(a) The following Warranty will form part of the contract placed on the successful Bidder –

(i) Except as otherwise provided in the invitation tender, the Sellerhereby declares that the goods, stores articles sold/supplied to the Buyerunder this contract shall be of the best quality and workmanship and newin all respects and shall be strictly in accordance with the specification

19and particulars contained/mentioned in contract. The Seller herebyguarantees that the said goods/stores/articles would continue to conformto the description and quality aforesaid for a period of 12 months from thedate of delivery of the said goods stores/articles to the Buyer or 15Months from the date of shipment/dispatch from the Seller’s workswhichever is earlier and that notwithstanding the fact that the Buyer mayhave inspected and/or approved the said goods/stores/articles, if duringthe aforesaid period of 12/15 months the said goods/stores/articles bediscovered not to conform to the description and quality aforesaid notgiving satisfactory performance or have deteriorated, and the decision ofthe Buyer in that behalf shall be final and binding on the Seller and theBuyer shall be entitled to call upon the Seller to rectify thegoods/stores/articles or such portion thereof as is found to be defectiveby the Buyer within a reasonable period, or such specified period as maybe allowed by the Buyer in his discretion on application made thereof bythe Seller, and in such an event, the above period shall apply to thegoods/stores/articles rectified from the date of rectification mentioned inwarranty thereof, otherwise the Seller shall pay to the Buyer suchcompensation as may arise by reason of the breach of the warrantytherein contained.

(ii) Guarantee that they will supply spare parts if an when require onagreed basis for an agreed price. The agreed basis could be andincluding but without any limitation an agreed discount on the publishedcatalogue or an agreed percentage of profit on the landed cost.

(iii) Warranty to the effect that before going out of production for the Spare parts they will give adequate advance notice to the Buyer of theequipment so that the latter may undertake the balance of the lifetimerequirements.

(iv) Warranty to the effect that they will make available the blue printsof drawings of the spares if and when required in connection with themain equipment

PART V – EVALUATION CRITERIA & PRICE BID ISSUES 1. Evaluation Criteria - The broad guidelines for evaluation of Bids are mentionedbelow. The bidder is to ensure strict compliance of these criteria failing which thebid would be rejected out rightly:

(a) Only those Bids will be evaluated which are found to be fulfilling all theeligibility and qualifying requirements of the RFP, both technically andcommercially.

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(b) In respect of Two-Bid system, the technical Bids forwarded by the Bidderswill be evaluated by the Buyer with reference to the technical characteristics ofthe equipment as mentioned in the RFP. The compliance of Technical bidswould be determined on the basis of the parameters specified in the RFP. Theprice bid of only those bidders will be opened whose technical bidswould clear the technical evaluation.

(c) The Bidders are required to spell out the rates of Customs duty, Exciseduty, VAT, Service Tax, etc in unambiguous terms; otherwise their offers will beloaded with the maximum rates of duties and taxes for the purpose ofcomparison of prices. If reimbursement of Customs duty / Excise Duty / VAT isintended as extra, over the quoted prices, the Bidder must specifically say so.In the absence of any such stipulation it will be presumed that the pricesquoted are firm and final and no claim on account of such duties will beentrained after the opening of tenders. If a Bidder chooses to quote a priceinclusive of any duty and does not confirm inclusive of such duty so included isfirm and final, he should clearly indicate the rate of such duty and quantum ofexcise duty included in the price. Failure to do so may result in ignoring of suchoffers summarily. If a Bidder is exempted from payment of Customs duty /Excise Duty / VAT duty upto any value of supplies from them, they shouldclearly state that no excise duty will be charged by them up to the limit ofexemption which they may have. If any concession is available in regard torate/quantum of Customs duty / Excise Duty / VAT, it should be brought outclearly. Stipulations like, excise duty was presently not applicable but the samewill be charged if it becomes leviable later on, will not be accepted unless insuch cases it is clearly stated by a Bidder that excise duty will not be chargedby him even if the same becomes applicable later on. In respect of the Bidderswho fail to comply with this requirement, their quoted prices shall be loadedwith the quantum of excise duty, which is normally applicable on the item inquestion for the purpose of comparing their prices with other Bidders. Thesame logic applies to Customs duty and VAT also.

(d) In import cases all the foreign quotes will be brought to a commondenomination in Indian Rupees by adopting the exchange rate as BC sellingrate of the State Bank of India on the date of the opening of Price Bids.

(c) If there is a discrepancy between the unit price and the total price that isobtained by multiplying the unit price and quantity, the unit price will prevail andthe total price will be corrected. If there is a discrepancy between words andfigures, the amount in words will prevail for calculation of price.

(d) The lowest Acceptance Bid will be considered further the placement ofcontract/supply order after complete clarification and price negotiations asdecided by the buyer. The lowest bid bid will be decided upon the lowest pricequoted by the particular bidder as per the Price Bid Format given at para 2below. L1 firm will be determined on overall total value of the bid and not onindividual items. The consideration of taxes and duties in evaluation processwill be as follows.

(i) In case where only indigenous bidders are competing all taxes andduties (including those for which exemption certificates are issued)quoted by the Bidders will be considered. The ultimate cost to the buyer

21would be the deciding factor for ranking of bids.

(ii) Any other criteria as applicable to suit a particular case.

2. Price Bid Format: The Price Bid Format is given below and Bidders are requiredto fill this up correctly with full details:

SNO. ITEMS DETAILS Unit Price

Qty Total

1 Jacket 3 layer Protective for upto 40 CSmall (CNCMT-TDW0001)

2 Jacket 3 layer Protective for upto 40 CMedium(CNCMT-TDW0002)

3 Jacket 3 layer Protective for upto 40 CLarge(CNCMT-TDW0003)

4 Jacket 3 layer Protective for upto 40 CEx large(CNCMT-TDW0004)

5 Trouser 3 layer Protective for upto 40 C Small(CNCMT-TDW0011)

6 Trouser 3 layer Protective for upto 40 C Medium(CNCMT-TDW0012)

7 Trouser 3 layer Protective for upto 40 C Large(CNCMT-TDW0013)

8 Trouser 3 layer Protective for upto 40 C Ex.large (CNCMT-TDW0014)

9 Gloves Windstopper Small(CNCMT-TDW0021)

10 Gloves Windstopper Medium(CNCMT-TDW0022)

11 Gloves Windstopper Large(CNCMT-TDW0023)

12 Gloves Windstopper Ex.large(CNCMT-TDW0024)

13 Boot Protective size – 7 (CNCMT-TDF0002)

14 Boot Protective size – 8(CNCMT-TDF0003)

15 Boot Protective size – 9(CNCMT-TDF0004)

16 Boot Protective size – 10(CNCMT-TDF0005) Total of basic price

(a) Any other item

(b) Is Excise Duty Duty extra?

(c) If yes, mention the following –

(i) Total value of items on which Excise Duty is leviable: (ii) Rate of Excise duty (item-wise if different ED is applicable): (iii) Surcharge on Excise duty, if applicable? (iv) Total value of excise duty payable:

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(d) Is Excise Duty Exemption Certificate (EDEC) required:

(e) If yes, then mention and enclose the following:

(i) Excise notification number under which EDEC can be given:

(f) Is VAT extra?

(g) If yes, then mention the following:

(i) Total value on which VAT is leviable: (ii) Rate of VAT: (iii) Total value of VAT leviable:

(h) Octroi / Entry taxes:

(j) Any other Taxes / Duties / Overheads / Other costs:

(k) Grand Total Cost :

23Encl-II to RFP DPR/157015 dated 09 Feb 2016

VENDOR EVALUATION COMPLIANCE MATRIX

SNo Criteria ComplianceStatus(Yes/No)

SupportingDocumentsRequired

Reasons forNon-Compliance

1 Submission of proof for Manufacture

Certificate from authenticated authority

2 Whether latest Income Tax Clearance Certificate attached

ITCCertificate duly countersignedby Income Tax Officer

3 Submission of Earnest Money Deposit

Demand draftof Rs. 50,000/- only

4 Whether the vendor registered with Central Purchase Organisation, National Small Industries Corporation (NSIC) or the Ministry of Defence

Requisite document to claim exemption of EMD

-------------------------------(Signature of the firm’s authorised rep)

Note : Compliance Status(Yes/No) and details of documents attached to be filled onabove FORMAT and to be submitted alongwith the Technical Bid.

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Encl-III to RFP DPR/157015 dated 09 Feb 2016

TECHNICAL EVALUATION COMPLIANCE MATRIX

SNo Criteria ComplianceStatus(Yes/No)

SupportingDocumentsRequired

Reasons forNon-Compliance

1 Submission of tender sample of ECC Clothing as detailed mentioned inRFP.

Sample required

2 Whether tender sample conforms to size& scalesas per specification (Encl-1A) .

No

3 Whether sample manufactured as per “Manufacturing Details’ mentioned in Specifications

No

4 Submission of raw material

Sample required

5 Demand Draft of Rs. 100/-(non refundable in favour of PCDA (N) being Cost of Tender document.

6 Submission of Certification for raw material from the Principal Manufacturer .

Requisite Certification from the Principal Manufacturer of raw material

--------------------------------(Signature of the firm’s authorised rep)

Note : Compliance Status (Yes/No) and details of documents attached to be filled on above FORMAT and to be submitted alongwith the Technical Bid.