1 Tender No SWD/Woollen Sweater/2012-13/11 Date /0 /2013 Tender Notice Urgent Tender Notice for Supply of Woollen Sweaters for Students of Govt., Aided Hostels and Residential Schools under Social Justice Department. Tender Social Justice & Special Assistance Department Category Purchase, Open Tender Description Urgent Tender Notice for Supply of Woollen Sweater for Students of Govt., Aided Hostels and Residential Schools under Social Justice Department. Report Title Urgent Tender Notice for Supply of Woollen Sweater for Students of Govt., Aided Hostels and Residential Schools under Social Justice Department. Splitting Rule No Restriction Tender Type Open Tender Division Social Welfare Department Locations 3, Church Road, Pune 411001. Officer Shri R.K.Gaikwad Designation Commissioner, Social Welfare, Pune Remark - Urgent Tender Notice for Supply of Woollen Sweater for Students of Govt., Aided Hostels and Residential Schools under Social Justice Department.
2 Government of Maharashtra Social Welfare Department Office of the Commissioner, 3, Church Road, Pune 411001 Tender conditions for the Supply of Woollen Sweater for Students of Govt., Aided Hostels and Residential Schools under Social Justice Department. E-Tender Are Invited (On the web site http://maharashtra.etenders.in) from manufacturers (or their authorized dealers) for the purchase of Woollen Sweater for Students of Govt. & Aided Hostels and Residential Schools under Social Justice Department; bid would be accepted only online in two bid system. Sr No Name of the Item 1 Supply of Woollen Sweater Specification Estimated Cost Rs. Earnest Money Deposit Rs. As per the Annexure - I 7,00,00,000/- 14,00,000/- Tender Downlod : - 30.01.2013from 12.30 am. To 06.02.2013 up to 4.00 pm Online bid submission : 08.02.2013 from 5.00 pm To 12.02.2013up to 3.00 pm Date and time of opening of Bid : - 12.02.2013 at 3.00 pm. It is not possible, due to any reason, to open the tenders on the date and time given above then the tenders will be opened on the date and time that the purchase committee will decide on the fresh date of opening. New conditions, other than ones that are enumerated in this form, can be incorporated at the discretion of the purchase committee and these will be incorporated in the contract. 1. Tenders should be submitted online only.
3 2. Conditional and incomplete tenders will not be considered. 3. Documents to be submitted in the tender are to be uploaded. EMD Amount in Rs: 14,00,000/- Sr No Name of the Item Supply of Woollen 1 Sweaters EMD Time Estimated Value Allowed Selected Value (Crs) (lacs) (In Months) 14 7.00 4 Fee structure Sr No Stage Document Fee 1 Tender Download 10,000/-
4 GOVERNMENT OF MAHARASHTRA SOCIAL JUSTICE DEPARTMENT e- BIDDIN FORM NIT NO.SWD/Woollen Sweater/2012-13/11 NAME OF WORK. : SUPPLY OF WOOLLEN SWEATERS FOR STUDENTS OF GOVT., AIDED HOSTELS AND RESIDENTIAL SCHOOLS UNDER SOCIAL JUSTICE DEPARTMENT. ESTIMATED COST : Rs. 700 Lakhs EARNEST MONEY DEPOSIT COMPLETION TIME COST OF BID DOCUMENT DATE & TIME FOR DOWNLOADING OF BLANK BID DOCUMENTS. LAST DATE & TIME OF SUBMISSION OF BID COST,EMD, TESTING CHARGES & SAMPLES LAST DATE & TIME OF UP LOADING OF BID TIME & DATE OF OPENING OF TECHNICAL BID : Rs.14 Lakhs : 4 months : Rs10,000/- 30.01.2013 12.30pm to 06.02.2013 4.00pm : : 08.02.2013up to 5.00 p.m. : 12.02.2013 up to 3.00 p.m. : 12.02.2013 at 4.00p.m. ADDRESS FOR COMMUNICATION : Commissioner, Social Welfare, M.S. 3, Church Road, Pune 411001 Tel 020 26122752 Fax 020 26126698 Mail - directorsocialwelfare@yahoo.co.in
5 TABLE OF CONTENTS Section Subject Page No. I Bid Notice 6-8 II Instructions for Bidders 9-13 III Scope of Work 14-16 IV Terms & Conditions of contract 17-24 V Schedule of Requirements 25-26 VI Technical Specifications & Qualification Criteria 27-29 VII Bid Submission Form & Price Schedule 30-32 VIII Formats A Contract Agreement 34-35 B Performance Guarantee 36-38 C Authority Letter 39 D Undertaking 40 E Undertaking for Payment of Testing Charges 41
6 SECTION I BID NOTICE
7 SOCIAL JUSTICE DEPARTMENT Commissioner, Social Welfare M.S. 3, Church Road, Pune 411001 Tel 020 26122752 Fax 020 26126698 Mail - directorsocialwelfare@yahoo.co.in BID NOTICE The Commissioner, SWD invites sealed bids from eligible Indian Woollen Sweater Manufacturers or their authorized dealers only for Supply of Woollen Sweater for Students of Govt., Aided Hostels and Residential Schools under Social Justice Department, during the year 2012-13. BID REFERENCE NO : SWD/ Woollen sweater / 2012-2013/11 BID FOR : Supply of Woollen Sweater for Students of Govt., Aided Hostels and Residential Schools under Social Justice Department, during the year 2012-13. APPROXIMATE COST (RS.IN LAKHS) : Rs. 700 Lakhs AMOUNT OF BID SECURITY : Rs.14 Lakhs COMPLETION TIME : 4 MONTHS COST OF BID FORM : Rs.10, 000/- SALE OF BID DOCUMENTS : FROM 30.01.2013 to 06.02.2013 12.30pm 4.00pm LAST DATE FOR SUBMISSION OF BID CHARGES/TESTING CHARGES/EMD & SAMPLES : 08.2.2013 UPTO 5.00pm
8 LAST DATE OF UP LOADING OF BID : 12.2.2013UPTO 3.00 PM DUE DATE OF OPENING BID : 12.2.2013 AT 3.00 PM The bidders downloading the form from the website and are interested to Bid shall pay requisite Bid Form fees as given in Bid Notice one day prior to due date in form of DD in favor of ACCOUNT OFFICER (LOANS) DIRECTOR, SOCIAL WELFARE M.S.PUNE Payable at Pune. Commissioner SWD reserves the right to reject any bid or bids without assigning any reason. Commissioner SWD shall not be responsible for any loss as a result of rejection of such bid. Sd/- Commissioner Social Welfare Department
SECTION II INSTRUCTIONS FOR BIDDERS 9
10 INSTRUCTIONS FOR BIDDERS 1.0 GENERAL This section of the bidding documents provides the information necessary for bidder to prepare responsive bids, in accordance with the requirements of the employer. It also provides information on bid submission, opening and on contract award. Matters governing the performance of the Contractor, payments under the contract or matters affecting the risks, rights and obligations of the parties under the contract are not normally included in this section, but are instead included under Terms & Conditions of Contract. 2.0 COST OF BIDDING The bidder shall bear all costs associated with the preparation and submission of its bid, and the Commissioner, SWD will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 3.0 BID PRICES 3.1 The bidders shall quote for the entire work on a single responsibility basis such that the total bid price covers all the contractor s obligations under the contract. 3.2 The unit rates of Woollen Sweater to be provided under this contract shall be fixed in the duration of the contract and shall be for free delivery to the consignees at site inclusive of transportation and all applicable taxes & duties 4.0 LANGUAGE OF BID The ruling language of the bid and correspondence exchanged between the bidder and the SWD shall be English. 5.0 BID SECURITY 5.1 Bid Security must be submitted a day prior to bid deadline. This deposit shall be in favor of ACCOUNT OFFICER (LOANS) DIRECTOR, SOCIAL WELFARE M.S.PUNE Payable at Pune should be in the shape of demand draft only payable of any Nationalized Bank / Scheduled bank 5.2 Bids submitted without Bid Security shall be rejected and dealt as per the policy of the SWD, if during the bid validity period the bidders withdraw his bid the Earnest Money Deposit shall be forfeited. 5.3 The Bid Security will be returned to the unsuccessful bidders immediately after finalization of award of the work. 6.0 BID VALIDITY Bids shall remain valid for a period of at least 120 days from the closing date prescribed by the Commissioner SWD for the receipt of bids. A bid valid for a shorter period shall be rejected by the CSWD as being non- responsive. In exceptional circumstances, the CSWD may solicit the bidder s consent for extension in bid validity period the request and response thereto shall be made in writing. A bidder may refuse the request to prolong the period of validity without forfeiting its EMD. A bidder granting the request will neither be neither required nor be permitted to modify its bid.
11 7.0 UPLOADING OF BIDS Bid document must be uploaded digitally signed by the authorized signatory / representative of the company as below:- (i) Bid Security payment receipt. (ii) Bid Form fees. (iii) Original Tender document. (iv) Testing Charges paid Receipt and Form of Undertaking for payment of additional Testing charges (v) Solvency Certificate of Rs.5 Crores issued not later than 6 months from the due date of tender. (vi) VAT Registration Certificate (vii) CST Registration Certificate. (viii) Shop & Establishment License (ix) Partnership Deed Memorandum / Articles of Association if applicable. (x) VAT Clearance Certificate up to 31.12.2012 (xi) Permanent Account Number (PAN) card allotted by Income Tax Department, Government of India, in the name of Firm / Proprietor / Agency. (xii) Sample Submission Challan. (xiii) Manufacturer undertaking as per proforma. (xiv) Original Manufacturer's Authorization Letter as per proforma. (xiv) CA Certificate indicating average turnover of Woollen Sweater manufacturer / Tenderer for the last 3 financial years to be minimum 10 Crores. 8.0 SUBMISSION OF TESTING CHARGES AND SAMPLES 8.1 Bidder must submit samples listed below as per specification in the Office of CSWD one day prior to the due date and time for submission of bid three samples of any size of the each item will be accepted. 1. Woollen Sweater Boys 3 Nos (Any Size) 2. Woollen Sweater - Girls. 3 Nos (Any Size) 8.2 The Bids received without samples will not be considered. The samples will not be accepted on the due date and time. The samples should be submitted duly sealed and labeled size not less than 10cm x 5cm with details on one side and keeping blank on another side. 8.3 The Bidder shall pay testing charges of Rs. 10,000/- (Rupees Ten thousand Only) in the Office of the CSWD, Pune, one day prior to the due date and time for submission of bid. 8.4 Bidders are requested to note that they will have to upload an undertaking in the prescribed format agreeing to pay difference of testing charges if any. The bid samples of bidders that are found responsive in technical scrutiny will be sent to Govt / Govt approved laboratories for testing. Reports of approved laboratories on tender samples sent for testing by the purchaser will be considered as final and no correspondence will be entertained in this regard.
12 8.5 The samples submitted by the bidder will be used for testing and therefore, not be returned to the bidder and the cost thereof will not be reimbursed. Unless the test report of the sample sent to laboratories by the purchaser is found to be satisfactory the further process of awarding the contract shall not be undertaken 8.6 The CSWD may at its discretion, extend the deadline for submission of bids by issue of amendment / corrigendum notification, in which case the obligation of parties will be subject to the extended deadline. 8.7 Any bid received after the bid submission deadline shall be returned unopened to the bidder. 8.8 The Bid shall be submitted in the prescribed form and the same shall be signed properly as laid down hereunder: 8.8.1 If the Bid is submitted by a proprietary firm, it shall be signed by the Proprietor above his full name and full name of his firm with its current business address. 8.8.2 If the Bid is submitted by a firm in partnership, it shall be signed by all the Partners of the firm above their full names and current business address, by partner holding the power of attorney for the firm by signing the Bid in which case a certified copy of the power of attorney shall accompany the bid certified copy of the partnership deed and current business addresses of all the partners of the firm shall also accompany the bids. 8.8.3 If the Bid is submitted by a Limited Company or a Corporation, it shall be signed by duly authorized person holding the power of attorney for signing the Bid in which case a certified copy of the power of attorney shall accompany the bid. 8.8.4 All witness and sureties shall be persons of status and their full names, occupations and addresses shall be stated below their signatures. All signatures affixed on each page in the Bid will be dated. 9.0 BID OPENING The CSWD will open bids in the presence of bidder s representative who choose to attend the bid opening. Bidder s representative shall sign the register as proof of their attendance. In the event of the specified date for opening of bids being declared a holiday for the CSWD, the bids will be received upto the appointed time on the next working day. Commercial Bid of the bids shall be opened in respect of only qualified bidders on separately notified date and time. 10.0 EVALUATION OF BIDS 10.1 Arithmetical errors, if any, will be rectified only on the basis if there is a discrepancy between words and figures, the former shall prevail. 10.2 The CSWD will determine whether each bid is generally complete and is substantially responsive to the tender document. For the purposes of this determination, a substantially responsive bid is one that conforms to all the terms, conditions & specifications of the tender document without material deviations, objections, conditionality or reservation. 10.3 The CSWD determination of bid s responsiveness shall be based on the contents of the bid itself without recourse to extrinsic evidence.
13 10.4 If a bid is not substantially responsive, it will be rejected and may not subsequently be made responsive by the bidder by correction of the nonconformity. 10.5 The bid that does not meet minimum acceptable standards of completeness, consistency and details will be rejected for non- responsive. 10.6 The bidder should not have been blacklisted by any Govt., Semi Govt Dept., Corporation, and Organization etc. 10.7 If any of the information furnished by the bidder is found to be incorrect, the bid/contract is liable to be rejected / terminated and EMD / Performance Security will be forfeited. 11.0 AWARD CRITERIA The DSWD will award the contract to the successful bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated technocommercially acceptable bid. Canvassing in any form, or any approach, official or otherwise, by the bidder to influence the consideration of his bid shall render the bid liable to summary rejection. 12.0 DIRECTOR SWD RIGHT TO ACCEPT OR REJECT The CSWD reserves the right to accept or reject any bid, and to annual the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the CSWD action. The CSWD also reserves the right to itself take over full or part of the work from the contractor after its award of the work or during its execution. 13.0 NOTIFICATION OF AWARD Prior to the expiration of the period of the bid validity, the CSWD will notify the successful bidder in writing that its bid has been accepted. The notification of award will constitute the formation of the contract. After award of work, the CSWD will promptly notify each unsuccessful bidder and will discharge its EMD. 14.0 SIGNING OF CONTRACT The successful bidder will have to formally sign the contract agreement within 20 days of issue of Letter of Award. Successful bidder shall also be required to submit Performance Bank Guarantee as per Terms and Conditions of contract, before signing of contract agreement. Failure to comply with the provisions of signing of contract agreement shall constitute sufficient grounds for annulment of award. 15.0 ADDRESS FOR COMMUNICATION All the communications with the Social Welfare Department shall be directed at the following address:- Commissioner, Social Welfare M. S. 3, Church Road, Pune 411001 Tel 020 26122752 Fax 020 26126698 Mail - directorsocialwelfare@yahoo.co.in.
14 SECTION III SCOPE OF WORK
15 SCOPE OF WORK The Commissioner, Social Welfare Department, intends to procure Woollen Sweaters for students studying in standard 5 th to 15th of Govt.,Aided Hostels and Residential Schools of Social Justice Department, Government of Maharashtra as in size 80/85 cms, 90/95 cms, 100/105 cms & 110/115 cms per the strength listed below. Sr. No. Hostels No. Total 1 Govt. Old Hostels 271 22740 2 Govt. New Hostels 100 10000 3 Govt. RS 67 8040 4 Aided Hostels 2388 98953 5 Divisional Hostel 4 4000 Total :- 143733 Note: Final break-up of boys and girls quantity would be intimated at the time of work order placement. Sr. No. Technical specification for Woollen Sweater 80/85cms Description Specification 1 Blend Composition 100% Wool Natural/Synthetic 2 Count of Yarn 40 tex x 2 3 Cotton sewing thread 25 tex x 3 4 Neck V Shape (1 x 1 Rib) 5 Cuff & Button 2 x 2 Rib 6 Neck Belt 3 cms 7 Dimension I Width across chest ii Length iii Sleeves length of armhole 40 cms 54 cms 46 cms
16 iv Sleeves width of armhole v Length of cuff vi Length of Border of Bottom vii Neck opening width viii Neck opening depth 20 cms 7 cms 7 cms 13 cms 14 cms ix Weight of Sweater 250 gm + / - 10% x No.of Wales per dm 110 + / - 5 xi No. of Coarses per dm 100 + / - 5 8 Colour Shade, Shape and design Blue colour, V shape neck for boys & front open with button for girls Note: The dyeing of colour should be fast to washing / dry cleaning and sweater should Be marked as follows:- 1) Blend 2) Size. 3) Manufacturer s Name 4) Year of Manufacturing 5) Trade Mark / Brand Name, Commissioner Social Welfare Department
SECTION IV TERMS AND CONDITIONS OF CONTRACT 17
18 TERMS & CONDITIONS OF CONTRACT 1. DEFINITIONS: In the contract, the following expressions shall, unless the context otherwise requires, have the meanings thereby respectively assigned to them: i. Contract : Contract means the document forming the tender acceptance thereof and the formal agreement executed between COMMISSIONER SWD and the Contractor, together with documents referred to therein. Otherwise, it shall mean the Bid Notice, Information and instructions for bidders, bid schedules, terms & conditions of Contract, specifications, and letter of award thereof. ii. Contract sum: means the amount arrived at by multiplying the quantities shown in the Annexure V by the respective item rates quoted. iii. Contractor : means the successful bidder or who is awarded contract to perform the work covered under these bid documents and shall be deemed to include the Contractor s successors, executors, representatives or assignees thereof as approved by the CSWD. iv. CSWD: means COMMISSIONER Social Welfare Department having its registered office at Social Welfare Department, Pune and includes their legal representatives, successors and assignees. v. SWD: means the SOCIAL WELFARE DEPARTMENT, PUNE vi. Day: means a calendar day beginning and ending at midnight. vii. Week : means seven consecutive calendar days. viii. ix. Month: means a calendar month. Letter of award : means a letter from the SWD conveying the acceptance of the bid/offer subject to such reservations as may have stated therein. 2. Country of Origin Woollen Sweaters should be manufactured by a registered and eligible manufacturing company in India. 3. Governing Language The contract shall be written in English language, whose version of the contract shall govern its interpretation. All correspondence and other documents pertaining to the contract which are exchanged by the parties shall be written in the same language. 4. Inspections and Tests 4.1 The Purchaser or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Purchaser. Terms & Conditions and the technical specifications shall specify what inspections and tests the Purchaser requires and where they are to be conducted. The Purchaser shall notify the Contractor in writing in a timely manner of the identity of any representatives retained for these purposes. 4.2 Should any inspected or tested Goods fail to conform to the specifications, the purchaser may reject the goods and the Contractor shall replace the rejected goods to meet specification requirements free of cost to the Purchaser. 4.3 The Purchaser s right to inspect, test and, where necessary, reject the Goods after the Goods arrival at destination shall in no way be limited or waived by
19 reason of the Goods having previously been inspected, tested and passed by the Purchaser or its representative prior to the Goods delivery. 4.4 Nothing shall in any way release the Contractor from any other obligations under this Contract. 4.5 Acceptance Certificates: On successful completion of acceptability test, receipt of deliverables etc, and after the purchaser is satisfied with the material, the acceptance certificate signed by the contactor and the beneficiary shall be submitted. The date on which such certificate is submitted to the office shall be deemed to be the date of receipt of the stalls. 5. Delivery and Documents Upon delivery of the Goods, the Contractor shall notify the purchaser by mail the full details of the deliveries including contract number, description of goods, quantity, name of the beneficiary etc. The Contractor shall mail the following documents to the purchaser. (i) Three copies of the contractor invoice showing goods description, quantity, unit price, total amount. (ii) Acknowledgment of receipt of goods from the consignee. (iii) Inspection Certificate issued by the Govt. approved laboratory. The above documents shall be received by the Purchaser on delivery directly to the consignees and, when not received, the Contractor will be responsible for any consequent expenses. 7. Insurance The Goods supplied under the Contract shall be fully insured in Indian Rupees against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery. The insurance shall be obtained by the Contractor in an amount equal to 110% of the value of the goods from "Warehouse to warehouse" (Final destinations) on "All Risks" basis including War risks and Strikes. 8. Transportation Where the Contractor is required under the Contract to transport the Goods to a specified place of destination within Maharashtra, transport to such place including insurance, as shall be specified in the Contract, must be arranged by the Contractor, and the related cost must be included in the Contract Price. 9. Warranty 9.1 The Contractor warrants that the Goods supplied under this Contract are new, unused, as per technical specifications as per Section - VI. The contractor further warrants that all Goods supplied under this Contract shall have no defect arising from design, materials or workmanship or from any act or omission of the Contractor, that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination. 9.2 The Purchaser shall promptly notify the Contractor in writing of any claims arising under this warranty. 9.3 Upon receipt of such notice, the Contractor, within the period, replace the defective goods thereof, free of cost at the ultimate destination. The contractor shall take over the replaced goods at the time of their replacement. No claim whatsoever shall lie on the Purchaser for the replaced goods
20 thereafter. 9.4 If the Contractor, having been notified, fails to remedy the defect within 30 (Thirty) days, the Purchaser may proceed to take such remedial action as may be necessary, at the Contractor's risk and expense and without prejudice to any other rights which the Purchaser may have against the contractor under the Contract. 10. Payment Payment for Goods shall be made as follows: (i) On Delivery: 90% (Ninety) of the Contract Price shall be paid on receipt of goods. (ii) On Final Acceptance: 10% (ten) of the Contract Price, shall be released Immediately after completion of Quality Verification, and after deducting penalty / costs, if any. 11. PRICE The Price schedule in to be quoted must be inclusive of existing taxes, duties, levies, cess, payment towards all statutory obligations, overheads & profits. The rates shall remain fixed & firm during the period of Contract and no payment on account of inflation / price escalation shall be admissible. 12. Change Orders 12.1 The Purchaser may at any time, by written order given to the contractor make changes within the general scope of the Contract in any one or more of the following: (a) designs, or specifications, where Goods to be furnished under the contract are to be specifically manufactured for the Purchaser, (b) The method of packing and or, (c) The place of delivery. 13. Contract Amendments No variation in or modification of the terms of the Contract shall be made except by written amendment signed by both the parties. 14. Assignment The contractor shall not assign, in whole or in part, its obligations to perform under the contract, except with the Purchaser's prior written consent. 15. Subcontracts The Contractor shall not subcontract the award in full or partially under this contract 16. Delays in the Contractor's Performance 16.1 Delivery of the Goods shall be made by the Contractor in accordance with The time schedule specified by the Purchaser in the Schedule of Requirements. 16.2 If at any time during performance of the Contract, the Contractor should encounter conditions impeding timely delivery of the Goods, the Contractor shall promptly notify the Purchaser in writing of the fact of the delay, its likely
21 duration and its cause(s). As soon as practicable after receipt of the contractor s notice, the Purchaser shall evaluate the situation and may, at its discretion, extend the Contractor s time for performance with or without liquidated damages, in which case the extension shall be ratified by the parties by amendment of the Contract. 16.3 A delay by the Contractor in the performance of its delivery obligations shall render the Contractor liable to the imposition of liquidated damages, unless an extension of time is agreed upon without the application of liquidated damages. 17. Liquidated Damages If the Contractor fails to deliver any or all of the Goods within the period specified in the Contract, the Purchaser shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price as liquidated damages. In case of delay in the supply of the goods, a Liquidated Damages of 0.5% per week to a maximum of 10% of the value of the goods supplied with delay will be charged as penalty. 18. Termination for Default 18.1 The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the Contractor, terminate the Contract in whole or part: (a) If the Contractor fails to deliver any or all of the Goods within the period specified in the Contract, or within any extension thereof granted by the Purchaser or (b) If the Contractor fails to perform any other obligation under the Contract. (c) If the Contractor, in the judgment of the Purchaser has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. For the purpose of this Clause: 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. fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Borrower, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Borrower of the benefits of free and open competition. 18.2 In the event the Purchaser terminates the Contract in whole or in part, the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Goods similar to those undelivered, and the Contractor shall be liable to the Purchaser for any excess costs for such similar Goods. However, the Contractor shall continue the performance of the Contract to the extent not terminated. 19. Force Majeure 19.1 Notwithstanding, the Contractor shall not be liable for forfeiture of its performance security, liquidated damages or termination for default, if
22 and to the extent that, it s delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. 19.2 For purposes of this Clause, "Force Majure"means an event beyond the control of the Contractor and not involving the Contractor s fault or negligence and not foreseeable. Such events 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 freight embargoes. 19.3 If a Force Majeure situation arises, the Contractor s shall promptly notify the Purchaser in writing of such conditions and the cause thereof Unless otherwise directed by the Purchaser in writing, the Contractor shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 20. Termination for Insolvency The Purchaser may at any time terminate the Contract by giving written notice to the Contractor, if the Contractor becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Contractor, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Purchaser. 21. Penalty for Quality Deviation: Woollen Sweater to be supplied should meet technical specification specified in bid document. Purchaser shall conduct necessary tests for the purpose of verification of adherence to quality specifications. Method of verification & levy of Penalty will be decided by the CSWD, Pune. The CSWD, Pune may levy Penalty up to maximum of 20% of cost of the inferior rejected/defective Woollen Sweater supplied based on the minor variations of quality verification/testing report. In case of deviations from the specifications are found to be highly unacceptable the purchaser reserves the right to reject the quantity supplied and ask for replacement. 22 SECURITY DEPOSIT: 23.1 As soon as the Letter of Award is issued to the Contractor, the Contractor is required to submit security deposit for due performance of the contract a sum equal to 5% (five percent) of the contract sum in the form of Bank Guarantee from any Scheduled / Nationalized Bank as per the format prescribed within 20 (Twenty days). Such Guarantee shall be valid / kept valid for a period of 12 months from the date of contract.on the completion of due date of bank guarantee, the same will be returned to the Contractor within one (01) month, provided the CSWD is satisfied that there is no demand outstanding against the Contractor & fulfillment of all statutory liabilities by the Contractor. 23.2 On submission of Bank Guarantee the EMD will be refunded to the contractor immediately. 23. REFUND OF SECURITY DEPOSIT: The Security Deposit less any amount due shall, on demand, be returned to the
23 Contractor on the expiry of Defects Liability Period of 90 days or on payment of amount of the final bill whichever is later, provided the CSWD is satisfied that there is no demand outstanding against the Contractor. No interest on the amount of security deposit shall be paid to the Contractor at the time of release of security deposit as above. 24. SUFFICIENCY OF TENDER: The Contractor shall be deemed to have satisfied himself before tendering as to, the correctness and sufficiency of his tender for the works and of the rates quoted in the schedule of quantities and prices which shall (except as otherwise provided in the contract), cover all his obligations under the contract and all matters and things necessary for the proper execution and completion of the work in accordance with the provisions of the contract. 25 BID DOCUMENTS: The language in which the bid documents shall be drawn up shall be English. The language according to which the contract is to be constructed and interpreted shall be English and designated as the Ruling Language. The contractor shall be furnished; free of charge, certified true copies of the contract documents. The Contractor shall use none of these documents for any purpose other than that of this contract. 26. INCOME TAX: Income Tax as applicable shall be deducted at source as per prevalent rates in force and will have to be borne by the Contractor. TDS Certificate will be issued as per the prevalent norms of the Government. 27. CONTRACT PERIOD AND EXTENSION THEREOF: The contractor shall be required to consistently execute, in a successful and professional manner, the jobs assigned under this contract, to the satisfaction of and as directed by the DSWD upto a period of Twelve (12) months (completion period) reckoned from the date as notified in the Letter of Award. 28 AGREEMENT: Within 20 days from the date of issue of Letter of Award of the work, the contractor shall execute the deed of agreement on stamp paper of requisite value as per prescribed format. The contractor shall be furnished with a copy of executed agreement duly signed by the authorized officer of the DSWD and contractor. 29. DISPUTES: In case of any dispute or differences in interpretation of any clause of this contract, the same shall be got resolved by referring the matter to the sole arbitrator as appointed by the DSWD, Pune whose decision shall be final and binding on both the parties. 30. ORDER OF PRECEDENCE: In the event of any ambiguity or conflict between various sections of the contract document, the following order of precedence shall prevail : i. Letter of Award.
24 ii. Instructions for bidders. iii. Scope of Work. iv. Terms and Conditions of Bid v. Schedule of Requirement vi. Technical Specification vii. Bid Submission & Price Schedule viii. Formats Commissioner Social Welfare Department
SECTION V SCHEDULE OF REQUIREMENTS 25
26 SCHEDULE OF REQUIREMENTS Delivery Schedule: Supply to be completed within 120 days from the receipt of work order Bid Security: Rs.14 Lakhs Destination: - All over Maharashtra State. Students Details Sr.No. Hostels No. Total 1 Govt. Old 271 22740 2 Govt. New 100 10000 3 Govt. RS 67 8040 4 Aided Hostels 2388 98953 5 Divisional Hostel 4 4000 Total :- 2730 143733 Size: - The Sweaters are required in size 80/85 cms, 90/95 cms, 100 /105 cms &110/115 cms. Note: Final break-up of boys and girls quantity would be intimated at the time of work order placement.
SECTION VI TECHNICAL SPECIFICATIONS & QUALIFICATION CRITERIA 27
28 Technical Specifications for Woollen Sweaters size 80/85 cms Sr. No. Description Specification 1 Blend Composition 100% Wool Natural/Synthetic 2 Count of Yarn 40 tex x 2 3 Cotton sewing thread 25 tex x 3 4 Neck V Shape (1 x 1 Rib) 5 Cuff & Button 2 x 2 Rib 6 Neck Belt 3 cms 7 Dimension I Width across chest ii Length iii Sleeves length of armhole iv Sleeves width of armhole v Length of cuff vi Length of Border of Bottom vii Neck opening width viii Neck opening depth 40 cms 54 cms 46 cms 20 cms 7 cms 7 cms 13 cms 14 cms ix Weight of Sweater 250 gm + / - 10% x No.of Wales per dm 110 + / - 5 xi No. of courses per dm 100 + / - 5 8 Colour Shade, Shape and design Blue colour, V shape neck for boys & front open with button for girls Note : The dyeing of colour should be fast to washing / dry cleaning and sweater should be marked as follows :- 1) Blend 2) Size. 3) Manufacturer s Name 4) Year of Manufacturing 5) Trade Mark / Brand Name,
29 QUALIFICATION REQUIREMENTS 1. Only Woollen Sweater Manufacturers or their authorized dealers must quote. The authorized dealers must upload their offers along with the letter of authority from such Woollen Sweater manufacturers as per the accompanying Proforma in original on letter head of manufacturing concern failing which bids will not be considered. 2. The Woollen Sweater manufacturer must upload an undertaking on Rs 100/- stamp paper which must also be notarized along with red seal. The authorized signatory of the Woollen Sweater manufacturer must submit his Power of Attorney along with the concerned Board Resolution for the Power of Attorney. 3. The Woollen Sweater` manufacturer/ Tenderer must upload CA Certificate indicating average turnover of Sweater manufacturer / Bidder for the last 3 financial years minimum Rs.10 crores or more.
SECTION VII BID SUBMISSION FORM & PRICE SCHEDULE 30
31 BID SUBMISSION FORM [The Bidder shall upload this Bid Submission Form and submit in original on letter head of bidding concern. No alterations to the format shall be permitted and no substitutions shall be accepted.] Date: Bid No:- SWD/ Woollen Sweater / 2011-12. / 6. To: Commissioner, Social Welfare Maharashtra State, 3, Church Road, Pune 411001 Tel 020 26122752 Fax 020 26126698 Mail - directorsocialwelfare@yahoo.co.in. I / We, the undersigned, declare that: (a) We have examined and have no reservations to the Bidding Documents. (b) We offer to supply in conformity with the Bidding Documents and in accordance with the Schedule of Requirements. (c) Our bid shall be valid for the period of time specified in of 120 days, from the date fixed for the bid submission deadline, and it shall remain binding upon us and may be accepted at any time before the expiration of that period; (d) If our bid is accepted, we commit to furnish a performance security in 20 days for the due performance of the Contract; (e) We understand that this bid, together with your written acceptance thereof included in your notification of award, shall constitute a binding contract between us, until a formal contract is prepared and executed. (f) We understand that you are not bound to accept the lowest evaluated commercial bid or any other bid that you may receive. Dated on day of, Bidder Name & Signature
32 Price Schedule Form [The Bidder shall fill in these Price Schedule Forms] Sr. No. 1 Item Name Sizes Std Rate per Sweater for Boys 80/85 V-VI 2 Woollen 90/95 VII-VIII 3 Sweater 100/105 IX-X 4 110/115 XI-XV Rate per Sweater for Girls Note : i) Conditional discounts will not be considered for evaluation. ii) In case of discrepancy between prices, in figures & in words the prices in Figures shall prevail Place : Date : Name: Signature: Business Address:
33 SECTION VIII FORMATS
34 Annexure A ON NON-JUDICIAL STAMP PAPER OF REQUISITE VALUE AGREEMENT FORM This Agreement made on this day of 2011 between COMMISSIONER SWD, Pune having its registered office at 3, Church Road, Pune 411001 which expression shall include its successors and assignees, represented by (the CONTRACTOR ), which expression shall include their successors and assignees of the OTHER PART. Whereas the SWD has invited tenders for the work of at CSWD (hereinafter called the work ) and the contractor has furnished his tender and other conditions in response to the invitation of tenders. Whereas the CSWD has accepted the Tender submitted by the Contractor for the execution of the works covered under and required to be done under this Agreement upon the terms and subject to the conditions as mentioned herein below and in this Agreement The contract comprises the following component parts, all of which shall form an integral part of this contract as if herein set out verbatim or if not attached, as if hereto attached. 1 Document No. I : LETTER OF AWARD AND LETTER OF ACCEPTANCE 2 Document No. II Section-I Section-II Section-III Section-IV Section-V Section-VI : BID NOTICE INSTRUCTIONS FOR TENDERERS SCOPE OF WORK TERMS & CONDITIONS OF CONTRACT SCHEDULE OF REQUIREMENTS TECHNICAL SPECIFICATIONS NOW THESE PRESENT WITNESS and the parties hereto hereby agree and declare as follows; that is to say in consideration of the payments to be made, the Contractor shall execute the said works in the manner as prescribed in the Agreement or which are implied or may be reasonably necessarily for the completion of the said work on the terms and conditions mentioned in the contract. IN WITNESSE WHEREOF THE PARTIES hereto have signed this agreement hereunder
35 on the date respectively mentioned against the signature of each at For and on behalf of Contractor For and on behalf of CSWD Signature (Designation) Signature (Designation) Place : Witnessed by : Place : Witnessed by : 1. 1. 2. 2.
36 Annexure B PROFORMA FOR PERFORMANCE SECURITY Bank Guarantee (To be stamped in accordance with Stamp Act) Bank Guarantee No.. Date:........ To, Commissioner, Social Welfare, 3, Church Road, Maharashtra State, Pune 411001 Tel 020 26122752 Fax 020 26126698 Mail - directorsocialwelfare@yahoo.co.in. Dear Sir, In consideration of the CSWD, Pune (hereinafter referred to as the Department which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators and assigns) having awarded to M/s. (Contractor s Name) With its Registered / Head Office at (hereinafter referred to as the Contractor, which expression shall unless repugnant to the context or meaning thereof, include its successors administrators, executors and assigns), a Contract by issue of Institution of Award No. dated and the same having being unequivocally accepted by the contractor, resulting into a Contract bearing No. dated Valued at for and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to (*) % ( percent) of the said value of the contract to the institution. We (Name & Address, of the Bank) having its Head Office at (hereinafter referred to as the Bank, which expression shall, unless repugnant to the context of meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the department on demand any and all monies payable by the Contractor to the extent of (*) as aforesaid at any time upto (@) (days/month/year) without any demur, reservation, contest, recourse or protest and/or without any reference to the Contractor. Any such demand Made by the CSWD on the Bank shall be conclusive and binding notwithstanding any
37 difference between the department and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the CSWD and further agrees that the guarantee herein contained shall continue to be enforceable till the CSWD discharges this guarantee. The CSWD shall have the fullest liberty, without affecting in any way the liability of the Bank under this guarantee, from time to extend the time for performance of the Contract by the Contractor. The CSWD shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract between the CSWD and the Contractor or any other course or remedy or security available to the CSWD. The Bank shall not be released of its obligations under these presents by any exercise by the CSWD of its liberty with reference to the under these presents by any exercise by the CSWD of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of commission or commission on the part of the CSWD or any other indulgence shown by the CSWD or by any other matter or thing whatsoever which under law would, but for this provision have the effect of relieving the Bank. The Bank also agrees that the CSWD as its option shall be entitled to enforce this Guarantee against the Bank as a Principal debtor, in the first instance without proceeding against the contractor and notwithstanding any security or other guarantee the CSWD may have in relation to the Contractor s liabilities. Notwithstanding anything contained hereinabove our liability under this guarantee is restricted to (*).. and it shall remain in force upto and including.( @ ) and shall be extended from time to time for such period as may be desired by M/s...[ Contractor s Name] on whose behalf this guarantee has been given. Dated this.. day of.2010.. at WITNESS. (Signature) (Signature). (Name) (Name)
38. (Official Address) (Designation with Bank Stamp) Attorney as per Power of Attorney No. Dated Notes : 1. (*) This sum shall be Five (05) percent of the Contract Price. 2. ( @ ) This date shall be ninety (90) days beyond the expiry of Warranty period stipulated in the Contract. 3. The stamp papers of appropriate value, the present value Stamp paper is Rs.250/-, which may vary shall be purchased The name of guarantee issuing Bank.
39 Annexure C MANUFACTURERS' AUTHORIZATION PROFORMA No: To, Commissioner, Social Welfare, 3, Church Road, Maharashtra State, Pune 411001 Tel 020 26122752 Fax 020 26126698 Mail - directorsocialwelfare@yahoo.co.in. Date: Dear Sir, Subject: We an Established and reputed manufacturer of Woollen Sweater Having Unit at do hereby authorize M/s (Name and address of the bidder) to represent us to tender, negotiate and conclude the contract for the above goods, manufactured by us, with you against invitation for bid no. due on No company/firm or individual other than M/s. are authorized to tender, negotiate and conclude the contract in regard to this business against this specific invitation for bid. Yours faithfully, Name for & on behalf of M/s. (Name of Manufacturers) Note: This letter of authority should be on Original letterhead of the manufacturing concern and should be signed by a person competent and having power of attorney to bind the manufacturers.
40 Annexure D PROFORMA FOR UNDERTAKING ON RS 100/- STAMP PAPER To, Commissioner, Social Welfare 3, Church Road, Maharashtra State, Pune 411001 Tel 020 26122752 Fax 020 26126698 Mail - directorsocialwelfare@yahoo.co.in Sub: - UNDERTAKING Date: Ref: - Bid No: - due on: -. I/We, the undersigned undertake that: a) We undertake that we shall manufacture Woollen Sweater as per the technical specifications mentioned in the bid forms required in Schedule of Requirements b) We will take cognizance of the item, if the orders are placed on our authorized agent appointed for this bid. c) We undertake to manufacture Woollen Sweater in accordance to bid specifications to produce a superior quality product. Name for & on behalf of M/s. (Name of Manufacturer) (Full Signature of Authorized Person with rubber stamp) Note: This Undertaking should be signed by a person competent and having power of attorney to bind the manufacturer duly notarized by notary along with red seal on it
41 Annexure E PROFORMA FOR UNDERTAKING Ref: Bid No SWD/Woollen Sweater/2012-12/ 11 Due on ----------------------- Sub: Undertaking for Payment of difference of amount of testing charges I, hereby undertake that the prescribed difference of amount of testing charges if any to be paid to Govt./Govt. approved Lab for sample testing will be paid by me in cash within 4 days from receipt of intimation letter from CSWD, Pune. It is also understood that if, I/We fail to pay charges on demand by CSWD, Pune, my/our bid will not be processed and will be kept out of consideration and the action deem fit will be initiated against me/us. Full signature with rubber stamp Note: This Undertaking should be on letter head of the bidding concern and should be signed by a person competent and having power of attorney to bind the bidder
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