3, Mahapalika Marg, Mumbai Phone No: /04/293 Fax No: e-tendering Parent Portal : maharashtra.etenders.

Transcription

1 Government of Maharashtra Directorate of Vocational Education & Training (DVET), Maharashtra State 3, Mahapalika Marg, Mumbai Website: Phone No: /04/293 Fax No: e-tendering Parent Portal : maharashtra.etenders.in DVET Child portal : maharashtra.etenders.in Tender for supply of TOOL KIT FOR AUTOMOBILE SECTOR ( Trade - Puncher Repairer ) Non Transferable If any assistance is required regarding e-tendering (registration/upload/download) please contact GoM e- Tendering Help Desk on number : /56 Tender referance No.-TE No.12254/TOOL KIT FOR AUTOMOBILE SECTOR(Trade-Puncher repairer)/ Last date for submission of tender : 22/03/2013 up to 11:00 hrs DVET 2012 Page 1 of 36

2 Digitally sealed tenders ( Two- Bid System) as per e-tendering system are invited by office of Directorate of Vocational Education & Training (DVET), Maharashtra state, from reputed manufacturers for the supply of following items necessary for practical training in various Govt. Training Institutes in Maharashtra State. NOTICE DETAILS : Tender Notice no. 16/DVET/TE-006/12254/ Cost of blank tender document Rs 2000/- EMD Amount 3% of the offer OR maximum Rs 5000/- Last Date and Time of Submission of Demand Draft for Tender document Fees and for EMD Date, Time and place of online opening of Tender Delivery period Tender shall remain valid till 22/03/2013, hrs 22/03/ hrs to 25/03/ hrs 6 To 8 Weeks from the date of issue of Purchase order up to 31 st March, from the date of submission of offer Name of the work supply of TOOL KIT FOR AUTOMOBILE SECTOR ( Trade - Puncher Repairer ) TENDER SCHEDULE : Please Note : All bid related activities (Process) like Tender Document Download, Bid Preparation, Bid Submission will be governed by time schedule given as per Key dates mentioned below Sr. No. Activities Start date & Time -- Expiry Date & Time 1 Online Tender Release 25/02/2013 at Hrs To 28/02/2013 at Hrs 2 Online Tender Document Download 28/02/2013 at Hrs T0 20/03/2013 at Hrs 3 Online Tender Bid Preparation 28/02/2013 at Hrs To 20/03/2013 at Hrs 4 Online Technical Bid Closing 20/03/2013 at Hrs To 21/03/2013 at Hrs 5 Online Commercial Bid Closing 20/03/2013 at Hrs To 21/03/2013 at Hrs 6 Online Submission of Bid 21/03/2013 at Hrs To 22/03/2013 at Hrs *7 Online Tender Opening(Technical) 22/03/2013 at Hrs To 25/03/2013 at Hrs *8 Online Tender Opening(Commercial) 22/03/2013 at Hrs To 25/03/2013 at Hrs Departmental Activity Bidders Activity * Exact date of opening of technical and commercial bids shall be notified in the Press Notice / Corrigendum section of the website before opening of the same. DVET 2012 Page 2 of 36

3 GENERAL INSTRUCTIONS: To view- Tender Notice, Detailed Time Schedule, Tender Document for this Tender and subsequently purchase the Tender Document and its supporting documents, kindly visit following e- Tendering website of Government of Maharashtra: The Contractors participating first time for e-tenders on GoM e-tendering portal will have to complete the Online Registration Process for the e-tendering portal. All bidders interested in participating in the on-line e-tendering process are required to obtain Class II or Class III Digital Certificates. The tender should be prepared & submitted online using individual s digital signature certificate. An important Training Workshop on e-tendering procedure will be held on 6/03/ :00 Hrs. at DVET Mumbai. All the bidders or their representatives with valid authorization are requested to confirm their participation by sending an to desk16@dvet.maharashtra.gov.in on or before 5/03/2013 before 17:30 Hrs. Bidders Tool Kit link (detailed Help documents, designed for bidders) has been provided on e- Tendering website in order to guide them through different steps involved during e-tendering such as online procedure for tender document purchase, bid preparation, bid submission. If any assistance is required regarding e-tendering (registration / upload / download) please contact GoM e-tendering Help Desk on number: /56 PURCHASE AND DOWNLOADING OF TENDER FORM: The tender document is uploaded / released on Government of Maharashtra, (GOM) e-tendering website Tender document, tender form ( Annex-B) and supporting documents may be purchased and downloaded from following link of Directorate of Vocational Education & Training on e-tendering website of Government of Maharashtra, by filling Demand Draft/Pay Order details online. Subsequently, bid has to be prepared and submitted online ONLY as per the schedule. Tender forms will not be sold / issued manually from DVET Mumbai office Only those Tender offers shall be accepted for evaluation for which non-refundable Tender Fee of Rs.2000/- ( INR Two Thousand Only), in the form of Demand Draft / Pay Order Order drawn in favour of Director of Vocational Education & Training, Maharashtra State, Mumbai payable at par at Mumbai, is deposited in the office of Mumbai on or before scheduled date given in NOTICE DETAILS of the tender on working days. DVET 2012 Page 3 of 36

4 CONTENTS Clause No. Particulars Page No. 1 Introduction 3 2 Process of Submission of Tender 3 3 Deadline for submission of Tender 4 4 Eligibility Criteria for this Tender Basic Eligibility criteria Technical Eligibility Criteria 7 5 Cost of Tendering 8 6 Amendment of Tender Document 8 7 Opening of Tender 8 8 Period of Validity of Tender 9 9 Prices 9 10 Evaluation of Tenders 9 11 Award of Contracts Security Deposit & Contract Agreement Delivery period & Place of Delivery Liquidated Damage Default Clause / Cancellation on failure to supply Inspection & Tests Warranty Force Majeure Confidentiality Payment Corrupt or Fraudulent Practices Resolution of Dispute Arbitration Governing Language Applicable Laws Indemnification Jurisdiction Saving Clause 14 Annex-A Schedule of Requirement 15 Annex-B Tender Form 19 Annex-C Name & Address of Testing laboratories 20 Annex-1 Checklist 21 Annex-2 Covering Letter 22 Annex-3 Authorization Certificate 23 Annex-4 Turnover 24 Annex-5 Details of Manufacturing Facility 25 Annex-6A Past Performance for other than DVET (From Supplier) 26 Annex-6B Past Performance for DVET (From Supplier) 26 Annex-7 Past Performance (From End User) 27 Annex-8 Price Schedule 28 Annex-9 Format of Bank Guarantee for Earnest Money Deposit 29 Annex-10 Technical Specification Compliance 30 Annex-11 No Deviation Statement & Certificate 31 Annex-12 Bank Guarantee for Security Deposit 32 Annex-13 Contract Agreement 33 DVET 2012 Page 4 of 36

5 1. Introduction :- INSTRUCTION TO TENDERERS 1.1 For and on behalf of Governor of Maharashtra, the Director (Training), Directorate of Vocational Education & Training (DVET), Mumbai, herein after referred to as Purchaser invites sealed tenders in TWO BID system for supply of Tools and Tool Kits specified in schedule of requirements (Annex-1) for the use in Government Industrial Training Institutes & offices under jurisdiction of this Directorate across the state of Maharashtra. 1.2 A copy of tender document(s) can be obtained by payment of cost of tender specified in Annex-1 in cash from DVET as per schedule (Annex-A). The tender document(s) may also be downloaded from the official web site of DVET. The tenderers are required to furnish nonrefundable cost of tender specified in annex-a by way of IPO or Demand Draft issued by any nationalized bank drawn in favour of Director, Directorate of Vocational Education & Training, Mumbai payable at Mumbai, along with tender as per schedule specified in annex- B. In case, tender(s) which are downloaded from website, the tenderers should specifically superscribe Downloaded from the website on the top left corner of the Envelope The quantities mentioned in the tender are only approximate estimated quantities. The Director (Training), Directorate of vocational Education & Training, Mumbai reserves the right to increase or decrease the quantities, to be purchased without assigning any reason thereof. 2. Process of Submission of Tenders:- 2.1 Tender shall be submitted in two bids i.e. Technical Bid & Price Bid 2.2 Purchaser shall not be responsible for any damaged / tempered envelope received by it. 2.3 Tenders submitted without following Two Bid system shall be rejected. 2.4 The Two Bid offer must be submitted along with document(s) as per the guidelines given below Envelope No.1 (Technical Bid):- Technical bid shall include following document(s). a. Covering Letter as prescribed in annex-2 b. Proof of Payment of the Cost of Tender as prescribed in clause 1.2 c. Photocopy of Prescribed Tender Form as prescribed in annex-b d. Earnest Money Deposit (EMD) or EMD Exemption certificate as prescribed in clause e. Sales Tax / VAT Registration & Clearance Certificate as prescribed in clause f. Manufacturer License / EM Part-II as prescribed in clause g. Authorization Certificate from Manufacturer(s) as prescribed in clause h. Turnover of the Supplier as prescribed in clause i. Details of Manufacturing Facilities of Manufacturer(s)as prescribed in clause DVET 2012 Page 5 of 36

6 j. Past Performance Certificate as prescribed in annex-6a, 6B & 7 k. Technical Specification compliance item by item as prescribed in annex-10 l. No Deviation Statement as prescribed in annex-11 m. Technical literature (s) as prescribed in clause n. ISO/BIS/ISI/CE mark certificate as prescribed in clause o. Undertaking of delivery within prescribed period as prescribed in clause p. Undertaking for demo as prescribed in clause q. Undertaking about risk purchase, fall clause, penalty clause r. Declaration as per clause Envelope-2 (Price Bid):- Price bid shall include following document(s) to be submitted inside the Envelop Price bid must be strictly in format prescribed in annex Deadline for submission of Tenders:- 3.1 Tender shall be submitted on or before last date & time of submission as per schedule specified in Annex-B. 3.2 Late tender on any account shall be rejected summarily. Delay due to Post or any other reason will not be condoned. 3.3 Tender received after specified date & time shall be return back to tender with remarks Received Late-Return 3.4 Under no circumstances any reasons for delayed submissions shall be entertained 3.5 However the purchaser may at his discretion, extend the deadline of submission of tenders before closing, by notifying it on official web site of this directorate. Tenders are requested to visit official website till last date of submission of tender for any changes in this regards. No separate communication or publication shall be made in this regard. 4 Eligibility Criteria for this tender :- 4.1 Basic Eligibility Criteria :- Every tender shall go through the basic eligibility scrutiny to verify the following Checklist The duly filled and signed with seal of the company checklist as prescribed in annex Covering Letter for Enclosure A covering letter as prescribed in annex-2 on the official letter head of the tenderer and duly signed with seal. DVET 2012 Page 6 of 36

7 4.1.3 The proof of payment of the Tender Document The self certified copy of Cash Receipt for the purchase of Tender Document(s) from DVET or IPO/D.D. for cost of Tender document as the case may be. If the Tenderer wishes to participate in multiple tenders, separate copy od Cash Receipt/IPO/DD towards the cost of each of tender documents(s) shall be submitted. Note: A single Cash Receipt/IPO/DD towards the cost of multiple tender forms will not be accepted and shall render such tender non responsive Photocopy of Prescribed Tender Form A photocopy of the tender form purchased from DVET or downloaded from web site should be duly filled & signed by the tenderer and submitted in Envelope-1. "DO NOT WRITE PRICE ON IT" Earnest Money Deposit (EMD) The tenderer shall submit Bank Guarantee prescribed in annex-9 or Crossed Demand Draft on any Nationalized Bank drawn in favor of Director, Directorate of Vocational Education & Training, Mumbai payable at Mumbai for the value of 3% of total value of tender or Rs 5000/- whichever is less, as an Earnest Money Deposit(EMD) which is refundable. Name of the firm and tender number should be written on the back side of the Demand Draft Any tender without EMD or EMD of an amount less than as prescribed in clause will be summarily rejected Following categories of tenderer are exempted from furnishing EMD (a) If the tenderer is a supplier registered with Central Store Purchase Organization (CSPO) of Govt. of Maharashtra, the attested copy letter of registration with CSPO/DIC and attested copy of certificate stating that the firm is exempted from payment of Earnest Money Deposit must be attached. (b) If the tenderer is manufacturers registered as SSI with Directorate of Industry, Government of Maharashtra, valid S.S.I. Certificate of registration must be attached for getting EMD exemption. (c) EMD Exemptions for firms registered with DGS&D or NSIC will be as per rules. EMD exemptions will be as per CSPO guidelines. Note: For CSPO firms and SSI manufacturers, EMD exemption will be allowed only for the items mentioned in the respective registration certificates. As such name of the item must be highlighted or underlined in the relevant certificate EMD will be discharged / returned to all tenderer after award of contract to the successful tenderer Tenderer shall not be entitled for any interest on EMD EMD shall be forfeited :- (a) If a tenderer withdraws its tender during the period of bid validity as specified in the tender. (b) In case of a successful tender, if the tenderer fails: (i) To sign the Contract in accordance with terms and conditions or. (ii) To furnish Security Deposit DVET 2012 Page 7 of 36

8 4.1.5 Sales Tax / VAT Registration & 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 March-2012 and no dues. Also attach VAT registration certificate or TIN allotment 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 dealers in Maharashtra form no 415 is essential. But prescribed clearance format may vary from state to state). In any case, certificate from competent tax authorities certifying that no dues are pending against the dealer is a MUST Manufacturer License Manufacturer in all the case must have own factory & Manufacturing license (For large scale) issued by respective statutory authority (For small and medium scale, EM Part-II issued by concern DIC). In case the tenderer is an authorized dealer then, they must submit respective proof of manufacturing license of principal manufacturer Authorization Certificate There are two parts in each tool kit. viz Primary Items & Secondary Items. For Primary Items Authorization letters are must for all items mentioned in the list of primary items. For secondary items, where manufacturers sell the product through different stockists and distributors, details of make and model should be mentioned Manufacturers should state that that they will supply the equipment through the tenderer and will attend all service calls during warranty period. The Principal company should confirm that they will be providing training and refresher courses ( Train the Trainer Program ) for atleast 3 times in a year to the staff of ITI at regional level Authorization letter shall be in original and from manufacturer directly in the format prescribed in annexure The purchaser reserves the right to ask for any further documentary evidence to establish genuineness of manufacturer and authorization letter Turnover Turnover of the Supplier The Average Annual turnover ( last three years ) of the tenderer should not be less than amount mentioned in schedule of requirement prescribed in annex-a. The tenderer is required to submit the turnover of the company for last three preceding financial years, certified by the chartered accountant of the company in the format prescribed in Annex-4 along with audited balance sheet. DVET 2012 Page 8 of 36

9 Turnover of the Principal Company The Average Annual turnover (last three years) of the Principal Company(s) should not be less than 50 crores. The tenderer is required to submit the turnover of the Principal company for last three preceding financial years, certified by the chartered accountant of the company in the format prescribed in Annex-4 along with audited balance sheet Details of Manufacturing Facilities The Principal Company(s) or Tenderer must have manufacturing capacity of manufacturing/producing machines of the similar type in minimum number not less than three times of the quantity specified in schedule of requirements in each of preceding last three years. Details of staff, machinery, manufacturing capacity etc. as per the format prescribed in Annex-5 must be submitted If the tenderer is authorized dealer, the above details from the manufacturer must be submitted Past Performance The eligible manufacturer must submit particulars of quantity of the past supplies made as per the performance statement format prescribed as Annex-6A & 6B for the last three calendar years. Satisfactory Performance Certificate in format prescribed as Annexure-7 must be submitted issued from their end users or clients. The tenderer must not have failed to meet its commitment against valid purchase orders issued by this Directorate in any of the last three years unless such delay was duly condoned by this Directorate/Govt. of Maharashtra accepting the reasons furnished by the tenderer for such delay. The tenderer must submit the declaration for the same on non judicial stamp paper of Rs. 100/-. DVET 2012 Page 9 of 36

10 Offers from Manufacturer / Dealers for an item(s) for which that Manufacturer / Dealers has been found guilty of malpractice, misconduct, or blacklisted / debarred either by Government of Maharashtra or by other state Government / Central Government s organizations will be rejected. Also the tenderer must not have failed to meet its commitment against valid purchase orders issued by this Directorate in any of the last three years unless such delay was duly condoned by this Directorate/Govt. of Maharashtra accepting the reasons. The tenderer has to give an undertaking that their firm has not been found guilty of malpractice, misconduct, or blacklisted / debarred either by Government of Maharashtra or by other state Government / Central Government s organizations in the past and also there is no such proceedings against them. The undertaking should also include that they have not have failed to meet its commitment against valid purchase orders issued by this Directorate in any of the last three years unless such delay was duly condoned by this Directorate/Govt. of Maharashtra accepting the reasons. In case of any misrepresentation, the department will reject the tender at any stage of the bid evaluation process and may debar the said firm from participating in any tenders issued by DVET for a period of 5 years. This undertaking must be made on non judicial stamp paper of Rs. 100/ Technical Eligibility Criteria : Technical Offer The tenderer shall carefully read and understand the technical specifications given in Annex- B. The tenderer must comply quality requirements, packing, applicable standards, Acts and Rules including the mandatory requirements of the tender without any deviation The tenderer must submit his technical offer in a format prescribed as Annex 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 ISO/BIS/ISI/CE mark or similar is preferred for offered product The tenderer must submit the sample of toolkit offered for technical evaluation on the date of technical scrutiny. The date of technical scrutiny will be communicated to the eligible bidders by separate communications. The samples submitted for the technical evaluation shall be retained till the finalization of the successful bidders. The samples of the successful bidders shall be sealed and retained till the validity of the contract. The offer of bidders who fails to submit the samples for technical evaluation on the date of technical scrutiny shall be rejected and will be treated as non responsive for commercial opening. DVET 2012 Page 10 of 36

11 4.2.2 No Deviation Statement:- The tenderer must submit NO - DEVIATION STATEMENT mentioning the make & model of the item quoted the tender. No Deviation statement of specification of the equipment should be offered giving details of specification in the Annex-11 (No other formats will be accepted). Tenderer must give details in the above Annexure and mere certification that There is no deviation between tender specifications and specifications quoted by the tenderer is not acceptable. Bid without No Deviation Statement is not acceptable and such bids will be rejected Technical Literature of the equipment:- Relevant Technical literature / Catalogue highlighting products features offered in the Tender must be enclosed in original. The offer shall be considered only if the literature is enclosed. All the technical information about the equipment required for checking whether the equipment offered as per Tender Specification or not, should be available in the technical literature enclosed. The literature should be corresponding to the Model and Make offered in the Price Bid. In case the literature contains description of more than one model, the Tenderer must tick mark on name of the model and make signature on it. 5. Cost of Tendering :- The tenderer shall bear all the costs associated with the preparation & submission of their tenders and the purchaser will in no case be responsible or liable for those costs, Regardless of the conduct or outcome of the tendering process. 6. Amendment of Tender Document:- 6.1 At any time prior to the deadline for sale of tender, the purchaser may amend the tender document(s) by issuing Addendum/Corrigendum. 6.2 Any Addendum/Corrigendum as well as clarification thus issued shall be a part of the Tender document(s). And it will be assumed that the information contained in the amendment will have been taken into account by the Tenderer in its tender. 6.3 To give prospective Tenderers reasonable time in which to take the amendment into account in preparing their tenders, the Purchaser shall extend, at its discretion, the deadline for submission of tenders, in which case, the Purchaser will notify all Tenderers by placing it on website of the extended deadline and will be binding on them. 7. Opening of Tender:- 7.1 Tender shall be opened on the date & time specified in tender notice and therefore tenderer or its authorized representative is encouraged to be present at the time of opening of tender. 7.2 The process of opening of tender shall be as follows DVET 2012 Page 11 of 36

12 7.2.1 The Master Envelop shall be opened first and then Envelop-1 and Enevelop-2 of each tender shall be separated The Envelop-1 of each of tender shall be opened in the order in which they have been received in presence of the purchase committee and tenderer or its authorized representative After opening of Technical Bid of each of tender, availability of all the documents enclosed therein shall be verified as per the prescribed checklist All such Technical Bid containing each and every document(s) as per prescribed checklist 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 and shall be summarily rejected and shall not be considered for further evaluation The Envelop-2 (Price Bid) shall be opened after opening of Envelope-1 (Technical Bid) only for the tenderers who s Envelope-1 (Technical Bid) found to be in accordance with the tender conditions stipulated in tender document. The tentative date and time opening of Envelope -2 shall be communicated subsequently to the eligible tenderers. 8. Period of Validity of Tender:- 8.1 The tender must be valid up to twelve months from the date of tender opening (i.e Technical Bid Opening ). A bid valid for a shorter period shall be rejected. 9. Prices:- 9.1 The prices quoted and accepted will be binding on the tenderer and must be valid for a period of validity. 9.2 Rates should be quoted for the complete kit. Optional Items may be quoted separately.. The rates should be on door delivery basis according to the unit asked for strictly as per all inclusive price. Tender for the supply of item quoted in the bid with conditions like AT CURRENT MARKET RATES shall not be accepted. The purchaser shall not be responsible for damages, handling, clearing, transport charges etc. Conditional tenders will not be accepted and liable for rejection. 9.3 To ensure sustained supply without any interruption the purchaser reserves the right to split orders for supplying the requirements amongst more than one tenderer provided that, the rates and other conditions of supply are same. 9.4 Other Terms: Prices should be quoted as inclusive of all taxes, duties and transportation. The Prices should be on door delivery basis The rates will be fixed for a period of one years from the date of award of contract. DVET 2012 Page 12 of 36

13 10. Evaluation of Tenders: After opening of Envelop No.1 (Technical Bid) on the scheduled date, time and venue, the Purchase Committee shall examine the contents of the tender received along with all prescribed mandatory document(s) The Purchase Committee shall scrutinize the document(s) mentioned above for its eligibility, validity, applicability, compliance and substantiation stipulated in tender document The Purchase Committee shall also analyze that there is no collusive or fraudulent practice involved in the entire tendering process amongst all the tenders received Test report from Govt. Laboratory prescribed in Schedule VIII of Govt. Resolution, dated from Industry Energy & Labour Dept., Govt. of Maharashtra is preferable., The list of such testing agencies is provided in Annex-C The technical scrutiny 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 Tenders which are in full conformity with tender requirements and conditions shall be declared as Eligible Tender for opening Envelop-2 and shall be opened later, on given date and time Price bids of technically valid offers will be opened and lowest offer will be recommended for award of contract. Award of contract will be as per prescribed Govt. procedure. 11. Award of Contract: Tenderer quoting the lowest offer will be informed about the intention of award of contract (Acceptance of Tender) by sending an Acceptance Letter (A/L). On acceptance of Terms and conditions of A/L and submission of security deposit, Acceptance of Tender will be released The purchaser will award the contract to the successful tenderer whose tender has been determined to be substantially responsive and has been determined as lowest evaluated tender, provided further that the tender is determined to be qualified to perform the contract satisfactorily. The purchaser will fix the rates for a period of one years and supply orders will be placed on staggered basis through out the one year period depending on the requirement and availability of funds. The supply orders will be governed by all the terms and conditions stipulated in the tender document 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. DVET 2012 Page 13 of 36

14 12. Security Deposit & Contract Agreement: Security deposit will be 3% of the value of goods ordered and will be retained by the purchaser for the duration of warranty period and additional 3 months from the date of installation. In case there is delay in supply and purchaser has extended the delivery period, the retention period of security deposit will have to be extended accordingly. Security deposit will be released after expiry of warranty period subject to clearance from the consignee institute The security deposit should be in the form of Bank Guarantee in favour of Director, Directorate of Vocational Education & Training, Mumbai from any nationalized bank as per format prescribed in Annex Security deposit shall be forfeited as a compensation for any loss resulting from the failure to perform the obligations under the contract or in the event of termination of the contract or in any event as the Purchaser thinks fit and proper The successful tenderer shall be required to enter into agreement for the due performance of Contract as per format prescribed in annex Delivery Period and Place of Delivery:- The goods should be delivered within 6 to 8weeks from the date of receipt of supply order to the consignee as per quantity indicated in the supply order on door delivery basis as mentioned in schedule of requirement. 14. Liquidated Damage:- If the supplier fails to deliver any or all of the goods within the period (s) specified in the Contract, the purchaser shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to 0.5% of the delivery price of the delayed goods for each week or part thereof of delay until actual delivery, up to a maximum deduction of 10% of stipulated price of the stores for the total value of the stores not exceeding Rs.1Lakhs(INR) and limited to 5% of stipulated price of the stores for the total value of the stores exceeding Rs.1Lakhs(INR). Once the maximum is reached, the Purchaser may consider for termination of the Contract. 15. Default Clause / Cancellation on failure to supply:- If the supplier fails to commence delivery as schedule or to deliver the quantities ordered to him within the delivery period stipulated in the contract, it shall be discretion of the purchaser either. (a) to extend the delivery period or (b) to cancel the contract in whole or in part for the unsupplied quantities without any show cause notice. In the event of extension, liquidated damages, will be applicable. If the purchaser decides to cancel the contract, the mode of repurchase will be at the discretion of the purchaser. The supplier shall be liable to pay any loss by way of extra expenditure or other incidental expenses, which the purchaser may sustain on account of such repurchase at the risk and cost of the supplier. In addition to action above, the purchaser may propose the defaulting supplier for blacklisting from future orders. DVET 2012 Page 14 of 36

15 16. Inspection and tests: The purchaser shall be the final authority to reject full or any part of the supply, which is not confirming to the specifications and other terms and conditions. No payment shall be made for rejected stores. Rejected items must be removed by the tenderers within two weeks of the date of rejection at their own cost and replaced immediately. In case rejected items are not removed it will be destroyed at the risk, responsibility & cost of the tenderer The date on which the acceptable stores have been offered for inspection shall be deemed as date of delivery provided such offer has been made within the delivery period. 17. Warranty: Unless otherwise specified in tender form (Annex-B), the warranty shall remain valid for 1 year from the date of installation at consignee destination The supplier should submit the written warranty that all goods supplied under the contract are of the most recent or current models and that they incorporate all recent improvements in design and materials provided in the contract The purchaser shall have the right to make claims under the above warranty after the goods have been delivered to the final destination indicated in the contract. Upon receipt of a written notice from the Purchaser, the supplier shall, within the period of 15 days replace the defective Goods without cost to the Purchaser. The supplier will be entitled to remove, at his own risk and cost, the defective goods once the replacement goods have been delivered If, after being noticed that the defect has been confirmed pursuant to above clause, the Supplier fails to replace the defective goods within the period of 15 days the Purchaser may proceed to take such remedial action as may be necessary, including removal and disposal, at Supplier s risk and expense and without prejudice to any other rights that the Purchaser may have against the supply under the contract. The Purchaser will also be entitled to claim for storage, in respect of the defective goods for the period following notification and deduct the sum from payments due to the Supplier under this Contract. 18. Force Majeure: For purposes for this clause, Force majeure means at any time during subsistence of Contract and even beyond the control of the Supplier and not involving the Supplier s fault or negligence and not foreseeable. Such event may include, but are not limited to, acts of the Purchaser either in its sovereign or contractual capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and fright embargoes If a force Majeure situation arises, the Supplier shall promptly but not later than 30 days notify the Purchaser in writing of such conditions and the clause thereof. Unless otherwise directed by the Purchaser in writing, the Supplier shall continue to perform its obligations DVET 2012 Page 15 of 36

16 under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance by the Force Majeure event Force majeure will be accepted on adequate proof thereof If contingency beyond 30 days, both parties argue to discuss and decide the course of action to be adopted. Even otherwise contingency continues beyond 60 days then the Purchaser may consider for termination of the contract on equitable basis. 19. Confidentiality: Information relating to the examination, clarification, evaluation, and comparison of tenders, and recommendations for the award of a contract shall not be disclosed to tenderers or any other persons not officially concerned with such process until the notification of Contract award is made Any effort by the tenderer to influence the purchaser in the bid evaluation, bid comparison, or contract award decisions may result in the rejection of the tenderers bid. 20. Payment: % payment within 2 weeks from the date of receipt of all stores in satisfactory condition as ordered The purchaser shall have every right to deduct the pending dues on account of loss, compensation, or any remedial action in monetary terms from the said payment. The supplier shall not agitate the said issue in future. 21. Corrupt or Fraudulent Practices: The Purchaser as well as Tenderers shall observe the highest standard of ethics during the procurement and execution of such Contracts Corrupt practice means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and 21.3 Fraudulent practice means a misrepresentation or omission of facts in order to Influence a procurement process or the execution of a contract to the detriment of purchaser and includes collusive practice among Tenderers (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the Purchaser of the benefits of free and open competition. DVET 2012 Page 16 of 36

17 21.4 Collusive Practice means a scheme or arrangement between two or more tenderers, with or without the knowledge of the Purchaser, designed to establish tender prices at artificial, non competitive level; and Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the procurement process or effect the execution of the contract The purchaser will reject a tender for award if it determines that the tenderer recommended for awards has directly or through an agent engaged in corrupt or fraudulent practice in competing for the contract in question; 21.7 The Purchaser will declare a firm or individual as ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines that they have, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a contract. 22 Resolution of dispute :- In the event of any question, dispute or differences in respect of contract or terms and conditions of the contract or interpretation of the terms and conditions or part of the terms and conditions of the contract arises, the parties may mutually settle the dispute amicably. 23 Arbitration:- In the event of failure to settle the dispute amicably between the parties, the same shall be referred to the sole arbitrator (insert name and designation of the officer), Government of Maharashtra. The award passed by the sole Arbitrator shall be final and binding on the parties. The arbitration proceedings shall be carried out as per the Indian Arbitration and Conciliation Act, 1996 and the rules made thereunder. 24 Governing Language :- English language version of the contract shall govern its interpretation 25 Applicable Laws :- The contract shall be governed in accordance with the law prevailing in India, Act, Rules, Amendments and orders made thereon from time to time. 26 Indemnification :- The contractor shall indemnify the purchaser against all actions, suits, claims and demand or in respect of anything done or omitted to be done by contractor in connection with contract and against any losses or damages to the purchaser in consequence of any action or suit being brought against the contractor for anything done or omitted to be done by the contractor in the execution of the contract. DVET 2012 Page 17 of 36

18 27. Jurisdiction:- All the suits arising out of the contract shall be instituted in the court of competent jurisdiction situated in Mumbai only and not elsewhere. 28. Saving Clause :- No suits, prosecution or any legal proceedings shall lie against the Director (Training), Directorate of Vocational Education & Training, Mumbai or any person for anything that is done in good faith or intended to be done in pursuance of tender. DVET 2012 Page 18 of 36

19 Annex - A Schedule Of Requirement Sr. No TE No. Name Of Item Approx Qty.( will vary) Cost Of Tender (In Rs.) Annual Turnover (Rs. In Lacs) TOOL KIT FOR AUTOMOBILE SECTOR(Trade-Puncher repairer) /- 125 DVET 2012 Page 19 of 36

20 Sr. No Annex 1 Check List (Check List of document(s) to be submitted along with tender form) Tenderer Page no of Remark (to Item should tick at technical be filled in by appropriate bid DVET place (envelope-1) official) Document(s) inside Envelope 1 1 Covering Letter for Enclosure as per Annex-2 Payment of the Tender Form (IPO/DD/Copy of 2 cash receipt) 3 Photocopy of Prescribed Tender Form-Annex-B DD / BG for Earnest Money Deposit as per 4 Annex-9 5 EMD Exemption certificate (if applicable) 6 Sales tax /VAT registration certificate 7 ST/ VAT Clearance Certificate 8 Manufacturer License 9 EM Part-II Authorization Certificate from Manufacturer as 10 per Annex-3 11 Turnover of the Supplier as Annex-4 Details of Manufacturing Facilities as per 12 Annex-5 13 Past Performance as per Annex-6A & 6B 14 Performance Certificate as per Annex-7 Technical Specification compliance item by item 15 as per Annex No Deviation Statement as per Annex Technical literature 18 ISO/BIS/ISI/CE mark certificate 19 Undertaking of delivery within prescribed period 20 Undertaking for demo Undertaking about risk purchase, fall clause, 21 penalty clause 22 Declaration as per clause Declaration as per clause & Annex 6B Document(s) inside Envelope 2 Quotation on official letter head in the Price 24 Schedule as per Annex-8 Sign & Seal of Tenderer DVET 2012 Page 20 of 36

21 ANNEX 2 Covering Letter (To be printed on Official Letter Head of Tenderer) To, Director (Training) Directorate of Vocational Education & Training, Maharashtra State, 3, Mahapalika Marg, Mumbai Dear Sir, Having examined the tender document, the receipt of which is hereby acknowledged, we, the undersigned, offer to supply and deliver the goods under the above-named Contract in full conformity with the said tender document and our financial offer in the Price schedule submitted in Envelop-2 which is made part of this tender. We undertake, if our tender is accepted, to deliver the goods in accordance with the delivery schedule specified in the tender document. If our tender is accepted, we undertake to submit the security deposit in the form, in the amounts, and within the times specified in the tender document. We agree to abide by this tender, for the Tender Validity Period specified in the tender document and it shall remain binding upon us and may be accepted by you at any time before the expiration of that period. Until the formal final Contract is prepared and executed between us, all the terms and conditions of the tender document(s) shall constitute a binding contract between us without considering a deviation as might be indicated in our tender. We further understand that you are not bound to accept the lowest or any tender you may receive. Signed: Date: In the capacity of Duly authorized to sign this bid for and on behalf of Signature & Seal of Tenderer DVET 2012 Page 21 of 36

22 ANNEX 3 MANUFACTURERS AUTHORIZATION CERIFICATE To, The Director (Training), Directorate of Vocational Education & Training, 3, Mahapalika Marg, Mumbai Dear Sir, TENDER NO.. We who are established and reputable manufacturers of (Name, Make & Model and description of goods offered) having factories at (Address of Factory) do hereby authorize M/s (Name and address of Agent) to submit a bid, and sign the contract with you for the goods manufactured by us against the above. We here by extend our full guarantee and warranty as per Clause 17 of the tender document and for the goods and services offered for supply by the above firm against this tender enquiry. Yours faithfully, (Name) (Seal & Signature of Authorized Signatory) Note: This letter of authority should be on the printed original letterhead of the manufacturer and should be signed by a designated person competent and having the power of attorney to bind the manufacturer and is mandatory to be included by the tenderer in its bid. Signature and Seal of Tenderer DVET 2012 Page 22 of 36

23 ANNEX 4 PROFORMA OF ANNUAL TURN OVER FOR LAST THREE YEARS The Annual Turnover of M/s for the past three years are given below and certified that the statement is true and correct. Sr.No. Year Turnover Rs.in Lakh Date : Seal Signature with Seal of Auditor/ Chartered Accountant Name (in capital letters) Signature and Seal of Tenderer Note: This statement must be supported by the audited balance sheet of last three years. DVET 2012 Page 23 of 36

24 ANNEX 5 MANUFACTURING FACILITIES TENDER NO. FOR SUPPLY OF NAME OF THE TENDERER (Note: all details should relate to the manufacturer for the items offered for supply and every clause or points must be answered to the point and shall not be left out or omitted or changed. Incomplete information will be construed as inability / deviation/ shortfall and shall be noted in the evaluating accordingly) 1. Name & full address of the Manufacturer 2. (a) Telephone No. Office/ Factory / Works (b) Fax No. Office/ Factory / Works (c) ID: 3. Location of the manufacturing factory 4. Details of Industrial/ factory Registration License as per statutory regulations. 5. Details of important Plant & Machinery functioning in each dept. of factory (Mention ownership of items i.e. Purchased of Leased basis separately as available now) 6. Details & Stocks of raw materials held. 7. Production capacity of item(s) quoted for, Total value of products manufactured with the existing Plant & Machinery during financial year: , & Normal 1.2 Maximum 8. Details of arrangement for quality control of products such as laboratory, testing equipment etc. 9. Details of staff: (As per register of employees) 9.1 Details of technical supervisory staff in charge of production & quality control 9.2 Skilled labor employed 9.3 Unskilled labor employed 9.4 Maximum No. of workers (skilled & Unskilled) employed on any day during the 18 months preceding the date of Tender. 10. Whether Goods are tested / manufactured to any standard specifications? If so, copies of original test certificated or notarized should be submitted. 11. Are you registered with the Department of Central Excies - Govt.of India for the items offered as manufacturer, as per statutory rules? If so, furnish full particulars of registration, product codes etc. with a notarized copy of the certificate of registration. Signature and seal of the Manufacturer Signature and Stamp of Tenderer DVET 2012 Page 24 of 36

25 Annex 6A Proforma for Past Performance from supplier (For a period of last 3 years) i.e , , (Other than DVET) Sr. No Name of the Product Name and full address of the purchaser Order No. & Date Quantity Date of completion as per product Date of actual delivery in respect of order Remarks indicating reasons for the delivery if any Annex 6B Proforma for Past Performance from supplier (For a period of last 3 years) i.e , , (With DVET) Sr. No Name of the Product Name and full address of the purchaser Order No. & Date Quantity Date of completion as per product Date of actual delivery in respect of order Remarks indicating reasons for the delivery if any This proforma must be supported with the declaration of the tenderer that they have successfully completed the execution of purchase order in all respect during last three years. Signature & Seal of Tenderer DVET 2012 Page 25 of 36

26 Annex 7 Proforma for Past Performance (From End User) Certified that performance of the equipment supplied and after sales service provided by M/s. for last 3 years is as given below: Sr. No Name of Equipmen t Supply Order No.& Date for 3 recent years Date of Delivery No. of failures during warranty period (Please Give details) No. of failures after expiry of warranty period (Please Give details) After sales service provided by supplier * Unsatisfactory /Satisfactory/ Good Remark Note :- To be submitted by tenderer separate for each end user. * Specific remarks only to be given in words specified. Signature & Seal of End User With name and seal of the Office DVET 2012 Page 26 of 36

27 Annex 8 (To be printed on Official Letter Head of Tenderer) Price Schedule Price Structure Tender No. Name of the Item: Model No.: Particulars: Rate (Rs.) Total Price ` F.O.R. Destination: Rupees in Words: NOTE: Rate should be quoted only for the models mentioned in Technical Bid. Signature & Seal of Tenderer DVET 2012 Page 27 of 36

28 ANNEX 9 FORMAT OF BANK GUARANTEE FOR E.M.D. Whereas.( Hereinafter called the Tenderer ) has submitted its tender dated (Date of submission of bid) for the supply of..(name and/or description of the goods) (Hereinafter called the tender ). KNOW ALL PEOPLE by these presents that WE.. (Name of bank) of. (Name of country), having our registered office at. (address of bank) (Hereinafter called the Bank ), are bound unto.(name of Purchaser) (Hereinafter called the Purchaser ) in the sum of for which payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors and assigns by these presents. Sealed with the Common Seal of the said Bank on this day of 20 THE CONDITIONS of this obligation are: 1. If the Tenderer (a) Withdraws its tender during the period of tender validity specified by the Tenderer in his tender; of (b) Does not accept the correction of errors in accordance with the Instructions to tenderers; or 2. If the Tenderer, having been notified of the acceptance of its tender by the Purchaser during the period of tender validity: (a) Fails or refuses to execute the Contract Agreement if required: or (b) Fails or refuses to furnish the Security deposit, in accordance with the terms and conditions stipulated in the tender document: We undertake to pay the Purchaser up to the above amount upon receipt of its first written demand, without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser will note that the amount claimed by its is due to it, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force up to and including forty five (45) days after the period of the tender validity, and any demand in respect thereof should reach the Bank not later than the above date. (Signature & Seal of the Bank) Signature and Stamp of Tenderer DVET 2012 Page 28 of 36