www.grse.nic.in ग र ड न र च श पब ल र डर स एण र ड इ ज ननयर स श श ट र ड Garden Reach Shipbuilders & Engineers Limited (भ रत र रक र क उपक र ) रक ष त र य 43/46 ग र ड न र च र र ड, क लक त - 700 024 (A Govt. of India Undertaking) Ministry of Defence 43/46 Garden Reach Road, KOLKATA 700 024 Emails: mtl.ncm.am7@grse.co.in द रभ ष Phone: 033-24698100 (14 ल ईन / Lines) व स त र/ Extn: 315 033-24893902 (स ध /Direct) फ क स : FAX: 033-24893591 ITEM: SUPPLY OF ADDL. AFDS SENSORS FOR IPMS FOR CSS COMPARTMENT FOR ASWC GRSE YARD NO.3019-20(P-28) SPECIAL TERMS & CONDITIONS OF THE E- TENDER NO:NCM/ST/BG/ASWC/EL-206/ET-0268 DUE ON 04-05-2015 1. You will have to submit two separate bids, indicating tender no., due date, and nature of bid as follows, failing which your offer shall be rejected: (i) Part A : Techno-Commercial bid (it must contain only technical & commercial points and must not contain any price). (ii) Part B : Price bid (containing only price). Tender must be submitted in system generated data sheet format which is provided through e-procurement. The mentioned information should be clearly filled up in e-procurement and upload the same. Following Points (a) to (f) are to be Noted:- (a) Quantity indicated is for 02 ships (i.e Yard 3019-20/P-28) (b) Your offer should reach within the scheduled date and time as mentioned in the tender. (c) Techno-Commercial Bid will be opened in the scheduled date and time. You are requested to depute your authorized representative during opening of the Techno- Commercial bid. Scheduled date & time of Techno Commercial Bid opening will not be normally extended. (d) Price Bid will be opened on later date, after scrutinising the Techno-Commercial bid. Price bid of those firms will only be opened, whose offer will be found suitable after technical & commercial evaluation. (e) As a general rule price negotiation with L1 vendor(s) will not be entered into as far as possible, unless warranted by unreasonable price quoted in the opinion of GRSE. (f) To avoid any complication regarding late receipt or non receipt of offer, it is to be clearly noted that responsibility is lying with the tender to ensure that the offer should reach within the due date and time. No offer will be considered which will be received after due date and time. In case of submission of offer in wrong place, the offer will be considered as invalid. 1
Commercial Terms & Conditions:- ------------------------------------------------- 01. Scope of Supply: As per SOR No.RN/3019-20/L&W/175 02. Terms of price: Price is to be firm and fixed FOR GRSE, Kolkata. No. price escalation is allowed at any stage. Quoted price is to include all items as per required specifications(as per SOR) as well as services of engineers required as per SOR with detailed price break-up. Currency will be INR Only. 03. Terms of Delivery: Price is to be FOR GRSE Works (Door Delivery). Packing & Forwarding, freight and insurance charge are to be borne by the supplier. 04. Payment Terms: For Supply:- i) 90% payment with 100% tax through ECS/EFT against INK signed invoice supported with Pre-despatch inspection certificate & Guarantee Certificate (GC) against receipt of material at GRSE (i.e. GR). ii) Balance 10% payment through ECS/EFT will be released after clear receipt inspection (GRN) at GRSE and against submission of Performance Bank Guarantee (PBG) for equivalent amount (as per GRSE format and guidelines) valid till guarantee period or 10% after guarantee period. iii) For Services and software modification :- 100% against Ink signed invoice supported with work completion certificate duly certified by GRSE/WOT/SS for the respective services. 05. Delivery: (i) Materials and documentation :- Yard 3019-Within 02 Months from P.O. Yard 3020-05 Months from P.O (ii) Binding Drg. /Data as per SOR - within 04 Weeks from P.O. (iii) For Services:- Work to be undertaken within 10 Days from the date of intimation. 06. Guarantee : Equipments with all Materials and accessories are to be guaranteed for satisfactory performance for a period of 48 months from supply of the last items or 18 months from the date of commissioning whichever is earlier. Equipment with materials shall be warranted from defective manufacture and cover all the defects arising from malfunction through design faults, inappropriate material, bad production and nonconformance to specifications for the above period. Any expense on account of repair / supply of spares to rectify / replace at any port / harbour against guarantee defects is to 2
be borne by the supplier. During guarantee period rest will be as per cl. IN-401 of GRSE STACS-PE-INDG(Aug 2006). 07. Duties/ Taxes : Duties, Taxes and / or any other charges as applicable are to be mentioned clearly and separately. As materials will be used for construction of Warship for Indian Navy, the following terms will be applicable in this case. :- a) Excise Duty : Excise Duty Exemption Certificate Duly signed by Naval Authority will be provided by us on demand. Excise Duty is not payable. b) Customs duty: Nil. Customs duty exemption certificate will be issued by buyer based on submission of following documents to GRSE:- i) Copy of Foreign Suppliers invoice ii) Copy of AWB/BL iii) Copy of P.O Placed on the foreign supplier c) Sales Tax :- i) Inside West Bengal : VAT as applicable to be indicated. ii) Outside West Bengal: Declaration Form C will be provided against submission of the following documents to avail CST at concessional rate as applicable (Present rate is 2%). (i) Ink signed Tax invoice and Copy of LR. (ii) Way bill reference (iii) Payment advice, if any. Requisition for the C Form shall be sent by the firm to SM(F-TAX), GRSE, through a letter on firm s letter head along with the above supporting documents. Such letter must reach GRSE latest by end of the month following next to a quarter. d) Service Tax: i) Service Tax on chargeable Service portion and modification of software only will be paid extra as applicable(present rate is 12.36%) ii) TDS as applicable as per Govt. rule will be deducted from firm s bill. 08. Inspection : (i) Pre-despatch inspection by DQA(WP)/DQA(N) as per their rules. (ii) Receipt Inspection by GRSE (RIC)/WOT. Rest as per SOR. 09. (i)l. D (Materials/documentations) : For delay in delivery, LD @ 1/2% per week or part thereof to a maximum of 5% of the undelivered order value will be imposed. (ii)penalty (Binding Drg./Data):- For delay submission of Binding Drg./data, Penalty @1/2% per week or part thereof to a maximum of 2% of total order value will be imposed. 10. Risk Purchase : For unsatisfactory progress even before contractual delivery date or delay in delivery or failed in defect rectification or delay in commence of the work, GRSE shall have the right to cancel the order and procure materials and services from alternative source at the suppliers risk and cost. 11. Force Majeures : Applicable as per CVC Guide Line ( as vetted by Ministry of Law ). 12. Indigenization (Applicable only to eqpt. with an import content) : The supplier is to indicate if the equipment is original OEM supply or manufactured in India under license(specifying the import content). The manufacturer is to engage into a co-operation with a reputed manufacturer of similar equipment in India and accordingly plan for a progressive indigenization. 3
In this respect, the Equipment Manufacturer shall confirm that he will be able to authorize priority work at his works and provide the necessary local support as required to meet the ship construction and trials programme. Future plans for indigenous production of the equipment, associated control/monitoring devices and transfer of technology are to be indicated in the proposal for consideration of Naval Headquarters. If manufactured under license under collaboration in India, the manufacturer is to indicate the following:- (a) Collaboration agreement already signed or not. (b) Name and address of Indian firm and details of registration licence already registered or the future plans and date by which it will be registered. (c) The extent of indigenous manufacture of components, transfer of technology and collaboration for supply and support of equipment including those supplied directly by the supplier. (d) The yearly Production capacity of the Indian licences. 13. Packing and forwarding : Shall be arranged by Supplier at their cost. However, Supplier to ensure that all materials are properly packed (Spares in PIP in a separate box) to withstand transit damage / pilferage during transit.. Each box shall have a separate packing list attached with the detailed description mentioned and marking done on it. Supplier s representative is required during receipt inspection of loose items, accessories, spares and tools for easy identification and detection of shortfall. Packing List of Supplier shall compulsorily indicate the GRSE item codes and respective Supplier Item codes for each of the supplied items. 14. Arbitration : Any dispute / differences between the parties arising out of and in connection with the contract shall be settled amicably by mutual negotiations. In the event of any unresolved dispute, CMD of GRSE or any other person, duly authorised by him, will act as sole Arbitrator. Arbitration clauses as indicated below shall be included in all contracts & supply orders. Model Arbitration clause for indigenous contracts / supply orders:- (i) If, at any time, before, during or after the contract period, any unsettled claim, question, dispute or difference arises between the parties, upon or in relation to or in connection with or in any way touching or concerning this tender / agreement / supply order (retain whichever is applicable) the same shall be referred to the Chairman & Managing Director (CMD in short) or the Managing Director(MD in short), as the case may be of Garden Reach Shipbuilders & Engineers Ltd. (GRSE Ltd in short ) for adjudication of the said disputes or differences, as Sole Arbitrator, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. (ii) The CMD or MD, GRSE Ltd. if he so desires, may nominate appoint another officer of GRSE Ltd. or a person, whom he thinks fit and competent, for adjudication of the disputes or differences, referred to him as the Sole Arbitrator. (iii) Such arbitration shall, in all respects, be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the rules framed there under or any statutory modification or re-enactment thereof for the time being in force. (iv) The Award of the Sole Arbitrator shall be final, conclusive and binding upon the parties. (v) In the event of the death or resignation for any reason whatsoever of the said Sole Arbitrator, appointed by the said CMD or MD of GRSE Ltd., the CMD or MD of GRSE Ltd., on an application from either of the parties in this behalf, shall act himself as the Sole Arbitrator or nominate/appoint, 4
in place of the outgoing Arbitrator, another officer of GRSE Ltd. or a person whom he thinks fit and competent to adjudicate the said disputes and differences in accordance with law. (vi) Also in the event of an arbitration award is set aside by a competent court on an application from either party and unless otherwise ordered by the said court, the CMD or MD of GRSE Ltd., on an application from either party, shall himself act as Sole Arbitrator or nominate / appoint another officer of GRSE Ltd. or a person whom he thinks fit and competent to adjudicate the disputes and differences in accordance with law. (vii) The cost of the arbitration, fees of the arbitrator, remuneration of the stenographer and clerk, stamp paper etc., as shall be decided by the Sole Arbitrator, shall be shared equally by the parties. The venue of arbitration, unless otherwise decided by the parties or by the Sole Arbitrator himself, shall be the premises of Garden Reach Shipbuilders & Engineers Ltd. located at 43/46, Garden Reach Road, Kolkata 700 024. 15. Validity of offer: - Offer must be valid for 26 weeks from the Due Date of submission of Tender. 16. Offer in duplicate must be submitted in two separate Data Sheets (Part I & Part II) as follows : - i) Part I : Techno-commercial bid: Technical and commercial points confirming scope of supply and SOR but without Price. ii) Part II : Price Bid: Item wise price should be indicated in that sheets. 17. (a) Notice for Implementation of Policies for Micro and Small Enterprises, 2012, regarding benefits being accorded to the Micro & Small Enterprises is enclosed. (b)firm is to submit certificate from competent authority as mentioned in the above said notice along with techno-commercial bid. ( c) The firm will be liable for all consequences in the event of any kind of suppression of fact or falsification of statement. In addition of above, following is also to be noted:- (i) Whether MSE registered? If YES then you have to submit scanned copy of Valid Registration Certificate & EMII Certificate failing which benefits cannot be extended to the firm. (ii) Whether MSE registered firm is owned by entrepreneur belonging to SC/ST category? If YES, then documentary evidence to be submitted, failing which, benefits cannot be extended to the firm. 18. During technical and/or commercial negotiation in case the participating vendors indicate the need of submission of revised price bid but the same is not acceptable by the competent authority in due course; GRSE reserves the right to consider such bid(s) to be disqualified on this ground under intimation to the relevant vendor(s) before price bid opening. 19. This tender is being issued without any financial commitment and GRSE reserves the right to change or vary the quantity of item mentioned herein, at any stage during execution the order. GRSE also reserves the right to withdraw this tender, if so necessary at any stage. 20. Rejection Replacement: 5
Any equipment found defective/rejected, Supplier will collect the same from GRSE Stores, all incidental charges to be borne by them, within 30 days from the date of intimation to Supplier of such rejection. GRSE reserves the right to dispose of the rejected items at the end of a total period of 90 days in any manner to the best advantage to GRSE & recover storage charges and any consequence damage from sale proceeds of such disposal. 21. The supplier will acknowledge the Order within 7 days of its receipt by them. If no contrary advice is received within that period it will be deemed to have been accepted by you. 22. Service Er. to be deputed within 10 Days,as and when required by GRSE. 23. Firm to submit bar chart within 02 weeks from the date of P.O to meet the CDD. 24. Way bill part-i will be issued on submission of copy of Tax invoice, copy of LR, copy of pre-despatch inspection Clarence certificate and copy guarantee certificate. 25. All the terms and condition stipulated in the tender is to be complied by the participated firms. In case Deviation/Non acceptance/non compliance of any term, GRSE reserve the right to not to consider the offer at any stage. 26. Suppliers/vendors are to submit bills for payment complete in all respects as relevent as per terms of order, in the check list enclosed, to the officer in charge, Finance-SLP section of Corporate Finance Dept. of GRSE. The checklist for submission of bill(s) is enclosed. Followings are to be noted: i) A transition fee of Rs. 500/- will be charged in case of first return of bill(s)due to inappropriate/incomplete/faulty submission of documents. (ii) A transition fee of Rs. 1000/- will be charged in case of each subsequent return of the bill(s) for the same. 27. All other terms and conditions are as per SOR No. RN/3019-20/L&W/175 and GRSE STACS-PE-INDG (August,2006). For Garden Reach Shipbuilders & Engineers Ltd. Enclosures : i) SOR No. RN/3019-20/L&W/175 ii) GRSE STACS PE INDG (Aug'06) iii) Notice for implementation of policies for Micro and Small Enterprises, 2012. END OF DOCUMENTS D. Mukherjee Asst. Mgr.(NCM) 6