Directorate of Vocational Education & Training (DVET),

Transcription

1 GOVERNMENT OF MAHARASHTRA Directorate of Vocational Education & Training (DVET), Elphistone Technical High School Campus, Opp Metro Cinema, 3, Mahapalika Marg, Mumbai Website: Phone No: / / Fax No: E-Tendering Parent Portal : DVET Child portal : Tender Document for Supply, Installation & Commissioning of (CNC Lathe Trainer With Siemens Control system) Second Extension LAST DATE FOR ONLINE SUBMISSION OF TENDER : 27/12/2013 UPTO 11:00HRS. TENDER PRICE: ` 2000 Non Transferable 1

2 TENDER NOTICE 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 required in various Govt. Industrial Training Institutes and offices under the jurisdiction of the Directorate in Maharashtra State. NOTICE DETAILS Tender Reference No DVET/ TE-13004/ Name of the Work Supply, Installation and Commissioning of CNC Lathe Trainer With Siemens Control system Price of Tender Document & Mode of Payment RS` 2000/. -(Non-refundable) (Rupees Two ThousandOnly), By Demand Draft/ Pay Order Drawn in favour of Director, Directorate of Vocational Education & Training,Mumbai payable at Mumbai EMD & Mode of Payment Rs` 50000/ (Rupees Fifty Thousand only) By Demand Draft/ Pay Order Drawn in favour of Director, Directorate of Vocational Education &Training,Mumbai payable at Mumbai Last Date, Time & Place for Submission of Original Demand Draft/ Pay Order for Tender Document Fees and EMD and original documents Original Demand Draft/ Pay Order for Tender Document Fees and EMD and original documents of Covering letter & declaration to be submitted in the Office of Director (Training), Directorate of Vocational Education & Training, 3, Mahapalika Marg,Mumbai-1 on or before last date of Online Bid Submission up to 17:00 hrs. on working days Place of Opening of Tender Offers Conference Hall, 5 th Floor, Directorate of Vocational Education & Training, 3, Mahapalika Marg,Mumbai-1 Address for Communication Directorate of Vocational Education & Training, Elphistone Technical High School Campus, Opp Metro Cinema, 3, Mahapalika Marg,Mumbai Contact Telephone & Fax Numbers and ID PhoneNo: /04/293 FaxNo: desk16@dvet.maharashtra.gov.in

3 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. IT stage Vendor stage Start date & Time Expiry Date & Time 1 Release Tender - 12/12/ :00:00 12/12/ :00: Tender Download 12/12/ :01:00 26/12/ :00: Bid Preparation 12/12/ :01:00 26/12/ :00:00 4 Close for Technical Bid - 26/12/ :01:00 26/12/ :00:00 5 Close for Price Bid - 26/12/ :01:00 26/12/ :00: Bid Submission 26/12/ :01:00 27/12/ :00:00 7 Technical Bid opening - 27/12/ :01:00 30/12/ :00:00 8 Price Bid opening - 27/12/ :01:00 30/12/ :00:00 *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. All bidder(s) interested in participating in the on-line e- Tendering process are required to regularly visit the website of the Directorate for getting updates about the tender process. 3

4 CONTENTS DISCLAIMER... 7 DEFINITIONS, ABBREVIATIONS AND ACRONYMS SECTION 1: INSTRUCTIONS TO BIDDER Introduction Qualification Criteria Purchase and Downloading of Tender Form Process of Submission of Tenders Instruction for online submission Deadline for submission of Tenders Due Diligence Clarification to Bid Document Amendment to Bid Document Non-Transferable Cost of Bidding Rejection of Bid Language of Bid Bid Currency Interlineations in Bid Period of Validity of Bids Contents of Envelops Opening of Tender Contacting the Tendering Authority Complaints Corrupt or Fraudulent Practice Misrepresentation Notification of Award Security Deposit & Contract Agreement Binding Clause Conditional Tender Annulment of Award Interpretation of the Clauses SECTION 2: GENERAL CONDITIONS OF THE CONTARCT Applications of These Conditions Document Establishing Good Conformity to Bid Document... 29

5 2.3 Safety Requirements Vendor s Obligations Change Orders Use of Contract Documents and Information Responsibilities Financial and Legal Liabilities Indemnity Standards of Performance Default Clause / Cancellation on failure to supply Termination for Insolvency Consequences of Termination Force Majeure Resolution of Disputes Applicable Law Tax and Duties Notices Governing Language Applicable Laws Indemnification SECTION 3: SPECIAL CONDITIONS SPECIFIC TO THE CONTRACT Confidentiality Delivery Period and Place of Delivery Installation as required Inspection and tests List of Testing Laboratories Payment Penalty Liquidated Damages Sub Contract Warranty

6 3.11 Incidental Services Spare Parts Handing Over of Work Committee for Supervision Legal Jurisdiction Saving Clause SECTION 4: SCOPE OF WORK Scope of work Schedule of Requirements Tender Form & Specification of The Tender Item SECTION 5: ANNEXURES OF FORMATS Annexure 1: Proforma of Covering Letter Annexure 3 Proforma for Annual Turnover Certificate for last three years Annexure 4 - Details of Bidder Annexure 5: Proforma of Manufacturing Facilities Annexure 6: Past Performance from supplier Annexure 6A: Performa of Past Performance other than DVET Annexure 6B: Past Performance with DVET Annexure 6C: Past Performance (From End User) Annexure 7: Price Schedule Annexure 8: Technical Specifications Compliance & No Deviation Statement Annexure 9: Bank Guarantee for Security Deposit Annexure 10: Contract Agreement Annexure 11: Warranty form Annexure 12: Format of declaration Annexure 13: Format For Power of Attorney AnnexurE-14 Similar Items Annexure 15: Technical Specification of the tender item Final List Of Documents to Be Uploaded Online... 76

7 DISCLAIMER This bid document is being issued by Directorate of Vocational Education & Training (DVET) for inviting bids for supply, installation and commissioning of stores specified in the scope of the work. The Bid Document comprises of terms & conditions set forth in this bid document or that may subsequently be provided to bidder(s) whether in documentary form signed by the any authorized officers of DVET or on official websites of this directorate. It is hereby clarified that this bid document is not an agreement and is not an offer or invitation by DVET to any parties hereunder. The purpose of this bid document is to provide the bidder(s) with information to assist in the formulation of their bids. While the bid document has been prepared in good faith with due care and caution, DVET do not accept any liability or responsibility for the accuracy, reasonableness or completeness of the information, or for any errors, omissions or misstatements, negligent or otherwise, relating to any feasibility/detailed project report or any other reference document mentioned, implied or referred herein or pertaining to the scope of the work. This bid document may not be appropriate for all persons. It is not possible for DVET, to consider the investment objectives, financial situation, and particular needs of each bidder who reads or uses this bid document. Each bidder should conduct its own investigations and analysis and should check the accuracy, reliability, and completeness of the information in this bid document and where necessary obtain independent advice from appropriate sources. Bidder should carefully examine and analyze the bid document and bring to the notice of DVET any error, omission or inaccuracies therein that are apparent and to carry out its own investigation with respect to all matters related to this bid, seek professional advice on technical, financial, legal, regulatory and taxation matters and satisfy himself of consequences of entering into any agreement and/or arrangement relating to supply of stores. DVET and its employees make no representation or warranty, express or implied, and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of the information contained in the bid document or in any material on which this bid document is based or with respect to any written or verbal information made available to any bidder or its representative(s). No representation or warranty is given as to the reasonableness of forecasts or the assumptions on which this bid document may be based. Liability therefore, if any, is hereby expressly disclaimed. DVET may in their absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this bid document as per its requirements. 7

8 DEFINITIONS, ABBREVIATIONS AND ACRONYMS In this tender document, the following terms shall be interpreted as indicated below: (1) Vendor or Contractor or Service Provider shall mean the successful bidder to whom the contract has been awarded and/or with whom the Tendering Authority signs the contract for rendering of goods and services. (2) Contract means the agreement entered into between the Tendering Authority and the Vendor, as recorded in the document signed by the parties, including all the attachments and appendices thereto, and all documents incorporated by the reference therein. (3) "Bidder means any firm(s) or a consortium having proper legal Agreement between the parties with the lead firm taking the full responsibility of managing the project as required in the tender. The word Bidder when used in the pre award period shall be synonymous with Vendor which shall be used after award of the contract. (4) The Contract Price means the price payable/receivable to the Successful Bidder under the Contract for the full and proper performance of its contractual obligations. (5) The Goods means the all the material, services, and repair and maintenance which the Vendor is required to supply to the Tendering Authority under the Contract. The word The Goods when used shall be synonymous with The Stores which shall be used wherever possible. (6) The Services means services ancillary to the supply of the Goods, such as transportation, insurance, unloading, any other incidental services or any other obligations of the Vendor covered under the Contract. (7) Day means a working day. (8) Month means calendar month. (9) Week means seven consecutive days. (10) Tendering Authority means the Director (Training), Directorate of Vocational Education & Training, Maharashtra State who has been authorized to issue a work order under this contract. The word Tendering Authority when used shall be synonymous with The Purchaser which shall be used wherever possible. (11) DVET means Directorate of Vocational Education & Training, Govt. of Maharashtra, 3, Mahapalika Marg, Mumbai (12) EMD means Earnest Money Deposit. The word EMD when used shall be synonymous with The Bid Security which shall be used wherever possible. (13) Tender Opening Committee means the committee of officers appointed and authorized by the Director (Training).

9 (14) Technical Evaluation Committee means the committee of experts appointed by the Director (Training). (15) PDI means the Pre-Dispatch Inspection. (16) Inspection Committee means the committee of experts appointed by the Director (Training) who is entrusted the job of inspection by the Director (Training). (17) ITI means Government Industrial Institutes in the state of Maharashtra. (18) Consignee means the any institutes or offices under the jurisdictions of DVET. (19) Similar Items means the items manufactured and/or supplied by the bidder listed in the Annex-14. (20) Defaulter Bidder means the bidder who have failed to meet its commitment against valid purchase orders issued by DVET or any Govt. organizations in any of the last three years and declared as Defaulter by DVET or any Govt. organizations. 9

10 1 SECTION 1: INSTRUCTIONS TO BIDDER 1.1 INTRODUCTION 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 digitally sealed tenders in two bid system for supply of Machinery & Equipment s specified in scope of works (Section-4) by e-tender process for the use in Government Industrial Training Institutes & Offices under jurisdiction of this Directorate across the State of Maharashtra. The quantities mentioned in the tender are only approximate 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. To view- Tender Notice, Detailed Time Schedule, Tender Document for this Tender and subsequently purchase the Tender Document and its supporting documents, kindly visit e-tendering website of Government of Maharashtra: The Contractors participating first time for e-tenders on Government of Maharashtra e-tendering portal will have to complete the Online Registration Process for the e-tendering portal. All bidder(s) 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. Bidder(s) Tool Kit link (detailed Help documents, designed for bidder(s)) 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 Government of Maharashtra e-tendering Help Desk on number: / QUALIFICATION CRITERIA The bidder(s) who satisfies the following qualification criteria are only eligible to participate in the bid process. Offers received from the bidder(s) who do not fulfill all or any of the following qualification criteria are liable to be rejected at discretion of the Tendering Authority.

11 Sr. No. Qualification Conditions Supporting Documents to be submitted The Bidder must be an Original Equipment Manufacturer (OEM) The Bidder must be a Registered Company/Firm in India and must be in business of manufacturing of similar type of items since last 5 years. Bidder s Annual Average Turnover of last three preceding financial years must be `20 crores Bidder must have manufactured and/or supplied at least 90 no. of similar items in the last three years The bidder must have not been declared as Defaulter by the DVET or any Government Organizations. Manufacturer License or EM Part-II Certificate of Registration / Certificate of Incorporation and Memorandum Turnover of the company for last three preceding financial years certified by the chartered accountant of the company in the format prescribed in Annex-3 along with audited balance sheet Work-orders along with Completion Certificates / Client's Testimonial given by concerned organizations or whom work is done should be submitted in Annex-6. Self-Declaration by bidder on non-judicial stamp paper of `100/- as per the format prescribed in Annex-12 The purchaser reserves the right to ask for any further documentary evidence to substantiate the fulfillment of the qualification criteria and also reserves the right to verify/evaluate the claims made by the bidder independently. 1.3 PURCHASE AND DOWNLOADING OF TENDER FORM The tender document is uploaded / released on Government of Maharashtra, (GOM) e-tendering website Tender document and supporting documents may be purchased and downloaded from link of Directorate of Vocational Education & Training on e-tendering website of Government of Maharashtra, 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 nonrefundable Tender Fee of Rs. 2000/- (INR Two Thousand Only), in the form of Demand Draft / Pay 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 & time. 11

12 1.4 PROCESS OF SUBMISSION OF TENDERS Both the bids (Technical as well as Commercial) shall be submitted online. Tender(s) not submitted online shall not be entertained. All the documents shall be submitted online (In the form of PDF files/ Scanned images in jpg format). These documents need to be digitally signed by individual bidder s digital signature and uploaded during online bid preparation stage. Original copies shall be kept ready at the time of opening of the tender. 1.5 INSTRUCTION FOR ONLINE SUBMISSION The interested bidder(s) will have to make online payment ( Using credit/ debit card/net banking/cash card ) of Rs. 1038/- (Inclusive of all taxes ) per tender to online service provider of E-Tendering system ( Sify NexTenders ) at the time of entering online bid submission stage of the tender schedule. Detailed list of different modes of online payment to e-tendering service provider (E- Payment Options) has been provided under E-Tendering Toolkit For Bidder section of The date and time for online submission of envelopes shall strictly followed in all cases. The bidder should ensure that their tender is prepared before the expiry of the scheduled date and time and then submitted online before the expiry of the scheduled date and time. No delay on account of any cause will be entertained. Tender(s) not submitted online will not be entertained. If for any reason, any interested bidder fails to complete any online stages during the complete tender cycle, Tendering Authority shall not be responsible for that and any grievance regarding that shall not be entertained. Tenders submitted without following Two Bid system and by without E-Tendering procedure shall be rejected. The Two Bid offer must be submitted along with document(s) as per the guidelines given below by E- Tendering procedure only. 1.6 DEADLINE FOR SUBMISSION OF TENDERS Tender shall be submitted online on or before last date & time of submission as per schedule specified. 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. 1.7 DUE DILIGENCE The bidder is expected to examine all instructions, forms, terms & conditions, and specifications that are provided in the bid document. The bid should be precise, complete and in the prescribed format as per the requirement(s) of the bid document. Failure to furnish all information required by the bid document or submission of a bid not responsive to the bid document in every respect will be at the bidder s risk and may result in rejection of the bid. The following needs to be considered while submitting the bid:

13 1.7.1 The date and time for online submission of bids shall strictly apply in all cases. The bidder should ensure that their tender is prepared online before the expiry of the scheduled date and time and then submitted online before the expiry of the scheduled date and time. No delay on account of any cause will be entertained. Offers not submitted online will not be entertained If for any reason, any interested bidder fails to complete any of online stages during the complete tender cycle, tendering authority shall not be responsible for that and any grievance regarding that shall not be entertained The bid documents uploaded (and any additional information requested subsequently) shall bear the signature of the authorized signatory thereof on each page of the bid, except for the un-amended printed literature Tendering authority may, at its own discretion, extend the date and time for submission of bids. In such a case, all rights and obligations of tendering authority and the bidder(s) shall be applicable to the extended time frame The offers submitted as documents, by fax/ or any manner other than specified above, will not be considered. No correspondence will be entertained on this matter Printed terms and conditions of the bidder(s) will not be considered as forming part of their bid The tender offer should remain valid till 31st march Photocopy of the demand draft should be uploaded in online tendering system, failure to do so will entail rejection of the offer summarily. 1.8 CLARIFICATION TO BID DOCUMENT Prospective Bidder requiring any clarification in the tender document may notify the Tendering Authority in writing at Directorate of Vocational Education & Training, 3, Mahapalika Marg, Mumbai or desk16@dvet.maharashtra.gov.in. The Tendering Authority will respond in writing to any request for clarification of the Tender Document received not later than 4 working days prior to the last date for the receipt of bids prescribed. Written copies of the response (including an explanation of the query but without identifying the source of enquiry) 13

14 may be published on website for all prospective bidder(s) who have received the Tender. 1.9 AMENDMENT TO BID DOCUMENT At any time till 7 days before the deadline for submission of bids, tendering authority, may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the tender document by an amendment. All the amendments made in the document would be published on the website 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 bidder in its tender. Separate notifications will not be issued in the government gazette The bidder(s) are advised to visit the aforementioned website on regular basis for checking necessary updates. Tendering authority also reserves the rights to amend the dates mentioned in this tender document for bid process In order to afford prospective bidder(s) reasonable time in which to take the amendment into account in preparing their bids, tendering authority may, at its discretion, extend the last date for the receipt of bids by a reasonable period NON-TRANSFERABLE This tender document is non-transferable COST OF BIDDING The bidder is responsible for all costs incurred in connection with participation in this process, including, but not limited to, costs incurred in conduct of informative and other diligence activities, participation in meetings/discussions/presentations, preparation of proposal, in providing any additional information required by tendering authority to facilitate the evaluation process, and in negotiating a definitive contract or all such activities related to the bid process. Tendering authority will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process This tender document does not commit tendering authority to award a contract or to engage in negotiations. Further, no reimbursable cost may be incurred in anticipation of award.

15 All materials submitted by the bidder become the property of tendering authority and may be returned at its sole discretion, provided, any materials which are identified as proprietary and confidential material of bidder shall remain the property of such bidder and the tendering authority shall maintain confidentiality of such materials REJECTION OF BID Tendering authority, reserves the right to accept /reject /release or relax any or all or part of the bids received on the due date /opening of tender /at any stage of tendering process without assigning any reason whatsoever LANGUAGE OF BID The Bid and all correspondence documents related to the bid exchanged by the Bidder and the Tendering Authority shall be written in English language only. Supporting documents and printed literature furnished by the Bidder may, however, be in another language provided that they are accompanied by an accurate translation of the relevant passages in English language. Such accurate translation of the relevant passages or document should be attested by the competent authority of the respective state/country and the English version shall prevail in case of dispute BID CURRENCY Prices shall be quoted in Indian Rupees only INTERLINEATIONS IN BID Tenders containing interlineal shall not be considered. There should be no Handwritten Material, corrections or interlineal in the offer. Technical details must be completely filled in. Filling up of the Technical Detail Form using terms such as OK", "Accepted ", "Noted", " As given in brochure / Manual" is not acceptable. The Tendering Authority may treat offers not adhering to these guidelines as unacceptable PERIOD OF VALIDITY OF BIDS Validity period Bids shall remain valid up to The Tendering Authority reserves the right to reject a Bid as non-responsive if such Bid is valid for a period less than and the Tendering Authority shall not be liable to send an intimation of any such rejection to such bidder(s). 15

16 Extension of Period of Validity The Tendering Authority may solicit the bidder s consent for an extension of the period of Bid validity during or expiry of the validity. Any such request by the Tendering Authority and the response thereto shall be made in writing and such extension of Bid validity period by the bidder should be unconditional and irrecoverable. A bidder accepting the request of Tendering Authority shall not be permitted to modify its Bid CONTENTS OF ENVELOPS Bids will have to be submitted online in for Technical Bid & Commercial Bid. Online Technical Bid should be filled up in the templates of Technical Envelop and online commercial bid should be filled up in the templates of Commercial Envelop Envelope No.1 (Technical Bid):- Technical bid shall include following document(s) to be submitted. Bidder should submit all the following documents online by E-Tendering procedure (In the form of PDF files/ Scanned images). Online technical bid should be filled up in the templates of Technical Envelope. Original copies shall be kept ready at time of opening of the tender Covering Letter for Enclosure A covering letter (as per Annex-1) on the official letter head of the bidder and duly signed with seal. The original copy of the covering letter must be submitted along with the original declaration, DD/Pay order of Tender Fee and EMD at the address mentioned in the tender notice on or before schedule date given in TENDFER NOTICE Tender Fees The IPO/D.D. for cost of Tender document as the case may be. If the Bidder wishes to participate in multiple tenders, separate copy of IPO/DD towards the cost of each of tender documents(s) shall be submitted. Note: A single IPO/DD towards the cost of multiple tender forms will not be accepted and shall render such tender non responsive. The bidder should download the tender document from E-tender website and fill the details of DD which is drawn for cost of tender and submit the DD at Directorate of vocational education and training, MS, Mumbai (Desk No.16, 5 th Floor, Purchase Section) on or before schedule date given in TENDFER NOTICE Earnest Money Deposit (EMD) The bidder shall submit Crossed Demand Draft/Pay Order on any Nationalized/Scheduled Bank drawn in favor of Director, Directorate of Vocational Education & Training, Mumbai payable at Mumbai for the value of `.50000/-, 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/Pay Order.

17 Any bid without EMD or EMD of an amount less than as prescribed in tender document will be summarily rejected. Bidder should submit details of the DD/Pay Order online by E-Tendering procedure and should submit the DD/Pay Order at Directorate of vocational Education & Training, M.S. Mumbai (Desk No.16, 5 th Floor, Purchase Section) on or before schedule date given in TENDER NOTICE of the tender EMD EXEMPTION Following categories of bidder are exempted from furnishing EMD. A. If the bidder 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 EMD must be attached. B. If the bidder is a manufacturers registered as S.S.I. with Directorate of Industry, Government of Maharashtra, valid S.S.I. certificate of registration or EM-Part II 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 and the Govt. Orders issued from time to time. 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 DISCHARGE / RETURN OF EMD EMD will be discharged /returned to all bidder(s) within 30 days after award of contract to the successful bidder. Bidder shall not be entitled for any interest on EMD EMD SHALL BE FORFEITED a. If a bidder withdraws its tender during the period of bid validity as specified in the tender OR b. In case of a successful tender, if the bidder fails to sign the contract in accordance with terms and conditions or to furnish security deposit Sales Tax / VAT Registration Certificate Attach Sales Tax/VAT registration certificate or TIN allotment Letter 17

18 Sales Tax / VAT Clearance Certificate 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 December 2012 and no dues. 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. 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 Firm 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 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). The license must have been duly renewed and valid for the financial year and the items quoted shall be clearly highlighted in the license or EM-Part-II. The purchaser reserves the right to ask for any further documentary evidence to establish genuineness of manufacturer Details of Manufacturing Facilities The bidder must have manufacturing capacity of manufacturing/producing machines of the similar type in minimum number of the quantity specified in qualification 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 Central Excise Registration Certificate or Additional Proof of manufacture The bidder is required to submit the central excise registration certificate or any other proof of manufacturing the items mentioned in the scope of the work Annual Turnover Certificate of Bidders Annual Turnover Certificate of Bidders for last three years ( , , ) with copies of its audited balance sheets having minimum average turnover specified in qualification criteria in Annex-3 must be submitted Details of the Bidder The details of the bidder must be duly filled and signed by authorized person of the firm must be submitted as per the format prescribed in Annex Past Performance The eligible Manufacturers or Authorised Dealers 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 Annex- 6C must be submitted issued from their end users or clients. The bidder 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 bidder for such delay.

19 Offers from Manufacturers f o r an item(s) for which that Manufacturer h a s 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 Technical Compliance and No Deviation Statement The bidder shall carefully read and understand the technical specifications given in. The bidder must comply quality requirements, packing, applicable standards, Acts and Rules including the mandatory requirements of the tender without any deviation. The bidder must submit his technical offer on line on E-tendering web portal as per E-tendering procedure in a format prescribed in the tender. 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. The bidder must submit NO - DEVIATION STATEMENT mentioning the make & model of the item quoted in the bid. No Deviation statement of specification of the equipment should be offered giving details of specification in the Annex-8. Bidder must give details in the above Annexure and mere certification that There is no deviation between tender specifications and specifications quoted by the bidder. Bid without Technical Specification Compliance and No Deviation Statement is not acceptable and such bids will be rejected and will be made non-responsive Technical Literature of the Equipment & Machinery The scan copy of original Relevant Technical literature / Catalogue highlighting products features offered in the Tender must be submitted. The offer shall be considered valid only if the literature is submitted. 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 submitted. The literature should be corresponding to the Model and Make offered in the Technical and Commercial Bid. In case the literature contains description of more than one model, the Bidder must tick mark on name of the model and make signature on it ISO/BIS/ISI/CE mark Certificate ISO/BIS/ISI/CE mark certificate or similar is preferred for offered product Undertaking of Delivery within prescribed Delivery Period The bidder must submit the undertaking that the items will be delivered within the prescribed delivery period at the consignee locations free of cost including installation, demonstration, satisfactory trial and will provide service during warranty period. This undertaking is covered in the covering letter Undertaking for Demo The bidder must submit the undertaking for giving the demonstrations of the quoted item within 19

20 short period of notice. This undertaking is covered in the covering letter Undertaking about Risk Purchase, Fall Clause, Penalty Clause The bidder must submit the undertaking for acceptance of Risk Purchase, Fall clause & Penalty clause duly signed by the authorized person of the firm. This undertaking is covered in the covering letter Test Report Test Report from Govt. Laboratory prescribed in Schedule VIII of Govt. Resolution, dated from Industry Energy & Labour Dept., Govt. of Maharashtra, will be required to be submitted at the time of pre-dispatch inspection by the successful bidder wherever prescribed. The list of such testing agencies is provided in clause 3.6 of Section-3. Bidders are requested to give the undertaking that the required test report will be submitted at the time of pre-dispatch inspection if required as per the technical specification of the item Declaration The bidder 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 bidder should also undertake that they have not 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 bidder for such delay. This undertaking must be made on non-judicial stamp paper of ` 100/- as per the format prescribed in Annex-12. The original copy of the declaration must be submitted along with the covering letter, DD/Pay order of Tender Fee and EMD at the address mentioned in the tender notice on or before the last date of closing of the bid Power of Attorney Power of attorney to the responsible person of the bidder to transact the business with the Tendering Authority must be submitted as per Annex-13. The Responsible person must be an employee of the bidder and should be in a position to make any decision pertaining to this tender on behalf the bidder. The bidders are not allowed to authorize third party person for transacting the business with the tendering authority. Important Note: Bids without DD for tender cost & E.M.D., Sales Tax/VAT clearance certificate (or proof of application made of getting Sales Tax / VAT clearance certificate) will be summarily rejected which may be noted. Discrepancies (if any) should be compiled in the given time limit. General Note: If, during online bid preparation, any need arises to upload additional documents, apart from the above mentioned documents, an option to upload additional documents has been provided in the E Tendering software which will be available to bidder(s) during online bid preparation stage. Bidder(s) should submit all the documents online (In the form of PDF files/ Scanned images). These documents need to be digitally signed by individual bidder s digital signature and uploaded during online bid preparation stage. Original copies shall be kept ready at time of opening of the tender.

21 Envelope-2 (Commercial Bid): Commercial bid shall only contain price information. The commercial bid should be provided in the template designed in commercial envelope of online tendering system The commercial bid shall be on fixed price basis, inclusive of all taxes. Price quotation accompanied by vague and conditional expressions such as subject to immediate acceptance", subject to confirmation etc. Shall be treated as being at variance & shall be liable for rejection The unit price inclusive of all taxes should also be submitted for total quantity of materials to be supplied as per the template OPENING OF TENDER Tender shall be opened on the date & time specified in tender notice and therefore bidder or its authorized representative is encouraged to be present at the time of opening of tender. The Envelope-1 and Enevelop-2 of each tender shall be prepared by E-Tendering procedure only Opening of Technical Bid (T1) Envelope No.1 (Technical offer) will be opened online through E-Tendering procedure, to verify its contents as per requirements, on the date specified in Tender notice in presence of bidder(s) or their Authorized representatives. If the various documents contained in the envelope do not meet the requirements, a note will be recorded accordingly by the tender opening committee and the said bidder(s) commercial envelope will not be considered for further action but the same will be recorded. Decision of the tender opening committee shall be final in this regard. The Evelope-1 of each of tender shall be opened in the order in which they have been received in presence of the tender opening committee and bidder or its authorized representative by E-Tendering procedure only. After opening of Technical Bid of each of bidder, availability of all the documents uploaded therein shall be verified. All such Technical Bid containing each and every document(s) shall be taken for further technical evaluation. 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. All such bids shall be summarily rejected and shall not be considered for further evaluation. However Tendering Authority may give time for complying the deficiencies. If the deficiencies don t come in within stipulated time period then the bids will be summarily rejected and shall not be considered for further evaluation. 21

22 Evaluation of Technical Bid The Technical Evaluation Committee shall scrutinize the document(s) mentioned above for its eligibility, validity, applicability, compliance and substantiation stipulated in tender document The Technical Scrutiny Committee shall also analyze that there is no collusive or fraudulent practice involved in the entire tendering process amongst all the tenders received The technical evaluation shall be on the basis of submitted substantiation document(s) 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 Deviations are generally not allowed. However in the case of deviations, the decision of the Technical Evaluation Committee shall be final To assist in the examination, evaluation and comparison of Bids Tendering Authority may, at its discretion, ask the bidder for a clarification of its Bid. The request of clarification and the response shall be in writing and no change in the price of substance of the Bid shall be sought, offered or permitted Preliminary scrutiny shall be made to verify the Completeness of bid, Computational errors, Tender Fee, Earnest Money Deposited (EMD), Required documents have been properly signed, All Bids are in required order If a bid is not substantially responsive, it shall be rejected by the Tendering Authority and shall not subsequently be made responsive by the bidder by correction of the nonconformity The bid shall be evaluated in the following sub-steps: In the First Step, the documentation furnished by the Bidder shall be examined prima facie to see if the technical skill base and financial capacity and other Vendor attributes claimed therein are consistent with the needs of this tender. In the second step, The Tendering Authority may ask the bidder(s) for additional information, visit to Bidder(s) site and/or arrange discussions with their professional, technical faculties to verify claims made in technical bid documentation. If it is found that the documents submitted by the bidder are not compatible with the actual situation at site, or if the document supplied by the bidder are found to be fraudulent or misrepresenting the facts, it shall render the bidder ineligible for further participation in the tender process. The decision of the Tender Evaluation Committee in this regard shall be final and binding on the bidder and cannot be challenged. In the third step, the Tendering Authority may, optionally, ask the prospective bidder(s) for the presentation and or demonstration regarding Technical Capability of the Bidder(s) and understanding regarding the Project.

23 Opening of Commercial Bid (C1) The Envelope 2 (C1) shall be opened after opening of Envelope-1 (Technical Bid) only for the bidder(s) 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 bidder(s). This envelope shall be opened online as per the date and time given in detailed tender schedule (if possible) through e-tendering procedure only. The commercial envelope-2 shall not be opened till the completion of evaluation of technical envelope-1. Commercial envelope-2 of only technically qualified bidder as mentioned above will be opened in the presence of the eligible bidder(s). No communications will be made with the non-responsive bidders Prices The prices quoted and accepted will be binding on the bidder and must be valid for a period of validity. Rates should be quoted for each of the required item separately on door delivery basis according to the unit asked for strictly as per the format of price schedule (Annex-7). 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. To ensure sustained supply without any interruption the purchaser reserves the right to split orders for supplying the requirements amongst more than one bidder provided that, the rates and other conditions of supply are same Evaluation of Commercial Bid After opening of Envelop No.1 (Technical Bid) by E-Tendering procedure on the scheduled date, time and venue, the Evaluation Committee shall examine the contents of the tender received along with all prescribed mandatory document(s) The Tendering Authority may at its discretion discuss with the Bidder(s) to clarify contents of their financial offer The Tendering Authority may at its discretion discuss with the lowest bidder so as to meet its expectation of a cost effective sustainable and economically promising solution The Tendering Authority reserves the right to open Commercial Bid even if one Bidder qualifies or if only one Bid is received in response to the Tender Notice The commercial bid will be evaluated on the basis of cost effectiveness of the solution. The bidder whose commercial offer has been determined to be economical will be selected finally subject to the discretion of the tendering authority. 23

24 The lowest Bidder shall be calculated based on the basis of total cost as per the bill of quantity mentioned in the Commercial Bid The purchaser reserves the right to split the order if need arises. 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 The decision of the Committee in the evaluation of the Technical and Commercial bids shall be final. No correspondence will be entertained outside the process of negotiation/discussion with the Committee CONTACTING THE TENDERING AUTHORITY No Bidder shall contact the Tendering Authority on any matter relating to its bid; from the time of the bid opening to the time the contract is awarded. If he wishes to bring additional information to the notice of the Tendering Authority, he should do so in writing. The Tendering Authority reserves the right as to whether such additional information should be considered or otherwise Any effort by a Bidder to influence the Tendering Authority in its decision on bid evaluation, bid comparison or contract award may result in disqualification of the Bidder s bid and also forfeiture of his Earnest Money Deposit amount Only duly authorized person by the bidder who is an employee of the bidder organization will be allowed to participate in opening of tender. Third party person will not be allowed as an authorized person of the bidder organization. If it is found at any stage of the tendering process that the bidder has authorized third party person, then the bid of such bidder will lead to disqualification and will be made non-responsive for further process COMPLAINTS If any bidder wishes to lodge any complaint against the other bidder regarding submission of false documents, information etc. the bidder has to deposit Rs.1,00,000 (Rupees One Lac only ) in the form of Demand Draft drawn in favour of Director, Directorate of Vocational Education & Training,Maharashtra state, Mumbai payable at par at Mumbai in terms of deposit. The amount so deposited shall be refunded if after scrutiny the complaint is found to be true. However, if the complaint found to be false and malafide the deposit will be forfeited. No interest shall be paid against this deposit