government of maharashtradvet.maharashtra.etenders.in/tpoimages/dvet/tender/tender123.pdf · page 5...

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Price Rs. 2000/-

Government of Maharashtra

Directorate of Vocational Education & Training (DVET), Maharashtra State

3, Mahapalika Marg, Mumbai – 400 001.

Website: www.dvet.gov.in Email: [email protected]

Phone No: 022-22620603/04/293 Fax No: 022-2659235

e-Tendering Parent Portal : https:// maharashtra.etenders.in

DVET Child portal : https://dvet. maharashtra.etenders.in

Tender for supply of Car washer with detergent and steam mixed facility

Non Transferable

If any assistance is required regarding e-Tendering (registration/upload/download) please contact

GoM e-Tendering Help Desk on number : 020-25315555 /56

Tender referance No.- TE No.12226 / Car washer with detergent and steam mixed facility/

2012-2013

Last date for submission of tender : 16/03/2013 up to 16:00 pm

( Name and Signature of Bidder)

http://www.dvet.gov.in/

mailto:[email protected]

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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, their authorized dealers 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-005/12226/2012-13

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

15/03/2013 , 16.00 hrs

Date, Time and place of online opening of Tender 16/03/2013 -14.01 hrs to 18/03/2013 -17.00 hrs

Delivery period

Tender shall remain valid till up to 31st March, 2013. from the date of submission of offer

Name of the work supply of Car washer with detergent and steam mixed

facility

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 18/2/2013 at 10.00 AM To 22/02/2013 at 14.00 PM

2 Online Tender Document Download 22/02/2013 at 14.01 PM To 13/03/2013 at 16.00 PM

3 Online Bid Preparation 22/02/2013 at 14.01 PM To 13/03/2013 at 16.00 PM

4 Online Technical Bid Closing 13/03/2013 at 16.01 PM To 14/03/2013 at 16.00 PM

5 Online Commercial Bid Closing 13/03/2013 at 16.01 PM To 14/03/2013 at 16.00 PM

6 Online Submission of Bid 14/03/2013 at 16.01 PM To 16/03/2013 at 14.00 PM

7 Last Date & Time of submission of DD

for Tender Document Fees & DD for

EMD

Upto 15/03/2013, 16.00 hrs

*8 Online Tender Opening (Technical) 16/03/2013at 14.01 PM To 18/03/2013 at 17.00 PM

*9 Online Tender Opening (Commercial)

tentative

16/03/2013 at 14.01 PM To 18/03/2013 at 17.00 PM

Activities to be performed by the Department

Activities to be performed by the Bidders

* 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.

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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: https://maharashtra.etenders.in

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 11/10/2012 11:00

Hrs. at DVET Mumbai. All the bidders or their representatives with valid authorization are

requested to confirm their participation by sending an e-mail to [email protected] on or

before 10/10/2012 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: 020 – 414 666 66

PURCHASE AND DOWNLOADING OF TENDER FORM:

The tender document is uploaded / released on Government of Maharashtra, (GOM) e-tendering

website https://maharashtra.etenders.in. 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,

https://dvet.maharashtra.etenders.in 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.

https://maharashtra.etenders.in/

https://maharashtra.etenders.in/

https://dvet.maharashtra.etenders.in/

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CONTENTS Clause No. Particulars Page No.

1 Introduction 5

2 Process of Submission of Tender 5

3 Deadline for submission of Tender 7

4 Eligibility Criteria for this Tender 8

4.1 Basic Eligibility criteria 8

4.2 Technical Eligibility Criteria 10

5 Cost of Tendering 11

6 Amendment of Tender Document 11

7 Opening of Tender 11

8 Period of Validity of Tender 12

9 Prices 12

10 Evaluation of Tenders 12

11 Award of Contracts 13

12 Security Deposit & Contract Agreement 13

13 Delivery period & Place of Delivery 14

14 Liquidated Damage 14

15 Default Clause / Cancellation on failure to supply 14

16 Inspection & Tests 14

17 Warranty 15

18 Force Majeure 15

19 Confidentiality 16

20 Payment 16

21 Corrupt or Fraudulent Practices 16

22 Resolution of Dispute 17

23 Arbitration 17

24 Governing Language 17

25 Applicable Laws 17

26 Indemnification 17

27 Jurisdiction 17

28 Saving Clause 17

Annex-A Schedule of Requirement 18

Annex-C Name & Address of Testing laboratories 19

Annex-1 Covering Letter 20

Annex-2 Authorization Certificate 21

Annex-3 Turnover 22

Annex-4 Details of Manufacturing Facility 23

Annex-5A Past Performance for other than DVET (From Supplier) 24

Annex-5B Past Performance for DVET (From Supplier) 24

Annex-6 Past Performance (From End User) 25

Annex-7 Price Schedule 26

Annex-8 Format of Bank Guarantee for Earnest Money Deposit 27

Annex-9 Technical Specification Compliance 28

Annex-10 No Deviation Statement & Certificate 29

Annex-11 Bank Guarantee for Security Deposit 30

Annex-12 Contract Agreement 31

Annex – B Tender form and specifications 33

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INSTRUCTION TO BIDDERS

1. Introduction :-

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 Digitally sealed tenders in TWO BID system for supply of Machinery & Equipments

specified in schedule of requirements (Annex-A) by E- Tender process for the use in

Government Industrial Training Institutes & offices under jurisdiction of this Directorate

across the state of Maharashtra.

1.2 The tenderers are required to furnish non-refundable 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, by filling

Demand draft details online and must submit Demand draft physically in DVET as per

schedule mentioned in notice details.

The tender document is uploaded/ released on Government of Maharashtra, (GOM) E-

Tendering website https://dvet.maharashtra.etenders.in Tender document and supporting

document have to be purchased online and to be downloaded from following link

„DIRECTORATE OF VOCATIONAL EDUCATION & TRAINING‟ on e- Tendering

website of Government of Maharashtra, https://dvet.maharashtra.etenders.in. Subsequently,

tender has to be prepared and submitted online only as per the schedule.

The tender form will not be sold/issued manually from DIRECTORATE OF

VOCATIONAL EDUCATION & TRAINING, MAHARASHTRA STATE.

Only those tender offers, shall be accepted for evaluation for which non-refundable Tender

Fee as mentioned in the tender items list, in the form of Demand draft drawn in favour of “

Director, Directorate of Vocational Education & Training ,Maharashtra state, Mumbai”

payble at par at Mumbai, is deposited in the office of Director, Directorate of Vocational

Education & Training, 3 Mahapalika marg, Mumbai 400001.

( Desk No.16, 5th

Floor, Purchase Department) on or before schedule date given in TENDER

SCHEDULE of the tender.

1.3 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:-

Both the bids ( Technical as well as commercial ) shall be submitted online. Tender(s) not

submitted online shall not be entertained.

All the documents shall be submitted online (In the form of PDF files/ Scanned images).

These documents need to be digitally signed by individual tenderer‟s digital signature and

uploaded during online bid preparation stage. Original copies shall be kept ready at the time

of opening of the tender.

http://dvet.maharashtra.etenders.in/

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Instruction for online submission

The interested tenderers will have to make online payment ( Using credit/ debit card/ net

banking/cash card ) of Rs.1038/- (Inclusive of all taxes ) per tender to online service provider

of E-Tendering system ( Sify NexTenders ) at the time of entering online bid submission stage

of the tender schedule.

Detailed list of different modes of online payment to e-tendering service provider (E-

Payment Options) has been provided under E-Tendering Toolkit For Bidder section of

https://maharashtra.etenders.in

The date and time for online submission of envelopes shall strictly followed in all cases. The

tenderer should ensure that their tender is prepared before the expiry of the scheduled date

and time and then submitted online before the expiry of the scheduled date and time . No

delay on account of any cause will be entertained. Tender(s) not submitted online will not be

entertained.

If for any reason, any interested tenderer fails to complete any online stages during the

complete tender cycle, department shall not be responsible for that and any grievance

regarding that shall not be entertained.

2.1 Tender shall be submitted in two Envelopes i.e. Technical Bid in Envelope-1 & Price Bid in

Envelope-2 by E- Tendering procedure

2.2 Tenders submitted without following Two Bid system and by without E-Tendering procedure

shall be rejected.

2.3 The Two Bid offer must be submitted along with document(s) as per the guidelines given

below by E- Tendering procedure only.

2.4.1 Envelope No.1 (Technical Bid):- Technical bid shall include following document(s) to be

submitted inside the Envelope-1

Tenderer should submit all the following documents online by E-Tendering procedure (In

the form of PDF files/ Scanned images). These documents need to be digitally signed by

individual tenderer‟s digital signature and uploaded during online bid preparation stage.

Original copies shall be kept ready at time of opening of the tender.

a. Covering Letter as prescribed in Annex-1

b. Proof of Payment of the Cost of Tender as prescribed in clause 1.2 in the form of

DD.

c. copy 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 as prescribed in clause

h. Turnover of the Supplier as prescribed in clause

i. Details of Manufacturing Facilities as prescribed in clause

j. Past Performance Certificate as prescribed in Annex-5A, 5B & 6

k. Technical Specification compliance item by item as prescribed in Annex-9

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l. No Deviation Statement as prescribed in annex-10

m. Technical literature 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. Test report from Govt. Lab if required as prescribed in clause 10.4

s. Declaration as per clause 4.1.10

Tenders without DD for tender cost , E.M.D. , sales tax/VAT clearance certificate

( or proof of application made of getting sales tax / VAT clearance certificate) and

authorization of manufacturer ( where applicable) will be summarily rejected which may

be noted.

Discrepancies (if any) should be compiled in the given time limit.

Note : If, during online bid preparation, any need arises to upload additional documents,

apart from the above mentioned documents , an option to upload additional documents has

been provided in the E–Tendering software which will be available to bidders during online

bid preparation stage.

2.4.2 Envelope-2 (Price Bid):- Price bid shall include following document(s) to be submitted

inside the Envelope-2.

All financial offers must be prepared and submitted online ( An online form will be

provided, during online bid preparation stage) and signed using individual‟s digital certificate.

2.4.2.1 Price bid must be strictly in format prescribed in Annex-7

3. Deadline for submission of Tenders:-

3.1 Tender shall be submitted online on or before last date & time of submission as per schedule

specified in.

3.2 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 :-

Tenderer should submit all the documents online ( In the form of PDF files/ Scanned images).

These documents need to be digitally signed by individual tenderer‟s digital signature and

uploaded during online bid preparation stage. Original copies shall be kept ready at time of

opening of the tender.

4.1 Basic Eligibility Criteria :-

Every tender shall go through the basic eligibility scrutiny to verify the following

4.1.1. Covering Letter for Enclosure

A covering letter as prescribed in Annex-1 on the official letter head of the tenderer and duly

signed with seal.

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4.1.2 The proof of payment of the Tender Document

The IPO/D.D. for cost of Tender document as the case may be. If the Tenderer wishes to

participate in multiple tenders, separate copy of IPO/DD towards the cost of each of tender

documents(s) shall be submitted.

Note: A single IPO/DD towards the cost of multiple tender forms will not be accepted

and shall render such tender non responsive.

The tenderer should download the tender document from E-tender website and fill the

details of DD which is drawn for cost of tender and submit the DD at Directorate of

vocational education and training, MS, Mumbai ( Desk No.16, 5th

Floor, Purchase

Department) on or before schedule date given in

4.1.3 Earnest Money Deposit (EMD)

4.1.3.1The tenderer shall submit Bank Guarantee prescribed in Annex-8 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.

4.1.3.2Any tender without EMD or EMD of an amount less than as prescribed in clause will be

summarily rejected.

4.1.3.3 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.

4.1.3.4EMD will be discharged/returned to all tenderer after award of contract to the successful

tenderer.

4.1.3.5Tenderer shall not be entitled for any interest on EMD.

4.1.3.6EMD 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

Tenderer should submit details of the DD online by E-Tendering procedure and

should submit the same at Directorate of vocational Education & Training, M.S. Mumbai (

Desk No.16, 5th

Floor, Purchase Department) on or before schedule date given in TIME

SCHEDULE AND IMPORTANT DATES of the tender.

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4.1.4 Sales Tax / VAT Registration & Clearance Certificate 4.1.4.1 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.

4.1.4.2 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. 4.1.4.3 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.

4.1.5 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.

4.1.6 Authorization Certificate

4.1.6.1 Recent authorization from manufacturer stating that that they will supply the equipment

through the tenderer and will attend all service calls during warranty period

4.1.6.2 Authorization letter shall be in original and from manufacturer directly in the format

prescribed in Annex-2.

4.1.6.3 The purchaser reserves the right to ask for any further documentary evidence to establish

genuineness of manufacturer and authorization letter.

4.1.7 Turnover of the Supplier

The annual turnover 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-3 along with audited balance sheet.

4.1.8 Details of Manufacturing Facilities

4.1.8.1 The 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-4 must be submitted. In

case of authorized dealers, these details from the manufacturer must be submitted.

4.1.8.2 If the tenderer is authorized dealer, it must have supplied machines of the similar type in

minimum number of machines three times the quantity specified in schedule of requirements

in each of preceding last three years.

4.1.9 Past Performance

The eligible manufacturer must submit particulars of quantity of the past supplies made as per

the performance statement format prescribed as Annex-5A & 5B for the last three calendar

years. Satisfactory Performance Certificate in format prescribed as Annex-6 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.

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4.1.10 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. 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. This undertaking must be made on non judicial stamp paper of

Rs. 100/-.

4.2 Technical Eligibility Criteria :-

4.2.1 Technical Offer

4.2.1.1 The tenderer shall carefully read and understand the technical specifications given in. The

tenderer must comply quality requirements, packing, applicable standards, Acts and Rules

including the mandatory requirements of the tender without any deviation.

4.2.1.2 The tenderer must submit his technical offer on line on E-tendering web portal as per E-

tendering procedure in a format prescribed as Annex-9.

4.2.1.3 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.

4.2.1.4 ISO/BIS/ISI/CE mark or similar is preferred for offered product.

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-10 (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.

4.2.3 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.

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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 on official E- Tender website of

Maharashtra Govt. https://maharashtra.etenders.in or Department‟s website www.dvet.gov.in

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.

TECHNICAL ENVELOPE (T1) :-

Envelope No.1 ( Technical offer) will be opened online through E-Tendering procedure, to

verify its contents as per requirements, on the date specified in Tender notice in presence of

tenderer/s or their Authorised representative.

If the various documents contained in the envelope do not meet the requirements, a note will

be recorded accordingly by the tender opening authority and the said tenderer‟s commercial

envelope will not be considered for further action but the same will be recorded. Decision of

the tender opening authority shall be final in this regard.

7.2 The process of opening of tender shall be as follows

7.2.1 The Envelope-1 and Enevelop-2 of each tender shall be prepared by E-Tendering procedure

only.

7.2.2 The Evelope-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 by E-

Tendering procedure only.

7.2.3 After opening of Technical Bid of each of tender, availability of all the documents enclosed

therein shall be verified.

7.2.4 All such Technical Bid containing each and every document(s) shall be taken for further

technical evaluation.

7.2.5 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.

7.2.6 The Envelope-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

http://maharashtra.etenders.in/

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conditions stipulated in tender document. The tentative date and time opening of Envelope -2

shall be communicated subsequently to the eligible tenderers.

This envelope shall be opened online as per the date and time given in detailed tender

schedule (if possible) through e-tendering procedure only. The commercial envelope-2 shall

not be opened till the completion of evaluation of technical envelope-1. Commercial

envelope-2 of only technically qualified tenderer as mentioned above will be opened.

8. Period of Validity of Tender:-

8.1 The tender must be valid up to 31st March, 2013. 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 each of the required item separately on door delivery basis

according to the unit asked for strictly as per the format of price schedule (Annex-7). Tender

for the supply of item quoted in the bid with conditions like “AT CURRENT MARKET

RATES” shall not be accepted. The purchaser shall not be responsible for damages, handling,

clearing, transport charges etc. Conditional tenders will not be accepted and liable for

rejection.

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.

10. Evaluation of Tenders:-

10.1 After opening of Envelop No.1 (Technical Bid) by E-Tendering procedure 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).

10.2 The Purchase Committee shall scrutinize the document(s) mentioned above for its eligibility,

validity, applicability, compliance and substantiation stipulated in tender document.

10.3 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.

10.4 Test report from Govt. Laboratory prescribed in Schedule VIII of Govt. Resolution, dated 02-

01-1992 from Industry Energy & Labour Dept., Govt. of Maharashtra, should be attached

wherever prescribed. The list of such testing agencies is provided in Annex-C

10.5 The technical scrutiny shall be on the basis of submitted substantiation document(s).

10.6 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.

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10.7 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.

10.8 Price bids of technically valid offers will be opened by e-tendering procedure only and lowest

offer will be recommended for award of contract. Award of contract will be as per prescribed

Govt. procedure.

11. Award of Contract:-

11.1 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.

11.2 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 place supply orders on staggered basis, if necessary, during

the contract period to the lowest evaluated responsive tenderer and will be governed by all the

terms and conditions stipulated in the tender document.

11.3 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.

12. Security Deposit & Contract Agreement:-

12.1 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.

12.2 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-11.

12.3 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.

12.4 The successful tenderer shall be required to enter into agreement for the due performance of

Contract as per format prescribed in annex-12.

13. Delivery Period and Place of Delivery:-

The goods should be delivered within 8 to 12 weeks 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.

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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.

16. Inspection and tests:-

16.1 Pre-dispatch inspection will be carried out in the premises of the manufactures by a team of

officers or any third party agency nominated by the purchaser. If goods are offered for

Inspection in the factory premises all expenditure shall be borne by the tenderer.

16.2 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.

16.3 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:-

17.1 Unless otherwise specified in tender form, the warranty shall remain valid for 1 year from the

date of installation at consignee destination.

17.2 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.

17.3 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

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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.

17.4 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:-

18.1 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.

18.2 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

under the Contract as far as is reasonably practical, and shall seek all reasonable alternative

means for performance by the Force Majeure event.

18.3 Force majeure will be accepted on adequate proof thereof.

18.4 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:-

19.1 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.

19.2 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:-

20.1 90% payment against delivery and satisfactory installation, testing, training & working

trail at consignee‟s place of equipment and balance 10% after 45 Days of Successful

Installation and Commissioning.

20.2 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.

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21. Corrupt or Fraudulent Practices:-

21.1 The Purchaser as well as Tenderers shall observe the highest standard of ethics during the

procurement and execution of such Contracts.

21.2 “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.

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.

21.5 “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.

21.6 “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 there under.

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.

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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.

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.

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Annex - A

Schedule of Requirnments

Sr.No TE

No.

Name of Item Qty. Cost of

Tender

(in Rs.)

Annual

Turnover

(Rs. In lacs)

01 12226 Car washer with detergent and steam mixed facility 20 2000/- 55

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Annex – C

Name & Address of Testing Laboratories along with – products to be sent for testing as prescribed in

schedule VIII of Govt. Resolution, dated 02-01-1992 from Industry Energy & Labour Dept., Govt of

Maharashtra Name of Laboratory Name of products to be sent for

testing

a) University Department of Chemical Technology,

Matunga Road, Mumbai – 400 019

Chemicals, Rubber, Canvas, Jute

& its products, stationary

b) National Chemical Laboratory, Pashan, Pune Chemical Products

c) Director of Inspection, D.G.S.& D. Income Tax House

Annex, New Marine Lines, Mumbai – 400 020

All Types of Products

d) Director, Small Industries Service Instt., Kurla Andheri

Road, Sakinaka, Mumbai – 400 072

All Products reserved for S.S.I.

Unit

e) Director, Superintendence Co. of India Pvt. Ltd., Laxmi

Bhavan, 101, P. D‟Mello Rd., Mumbai-400 001

Chemicals, Rubber, Canvas, Jute

& its products, stationary

f) Electronic Regional Test Lab. Plot No. 7 MIDC area

Opp. SEEPZ, Andheri (E), Mumbai-400 093

Electronic Products

g) Vishveshwarayya Regional College of Engg., Nagpur Engg. Products

h) General Manager, Rail India Technical & Economics

Services (Right), Churchgate Bldg. Annex, Churchgate,

Mumbai – 400 020

Iron & Steel Products

i) Director, National Test House, F-10, MIDC,

Andheri (E), Mumbai-400 093

Foundry Products

j) Engineers India Ltd., Express Towers, 5th

fl., Nariman

Point, Mumbai – 400 020

All types of pipes and Engg.

Products

k) Victoria Jubilee Technical Instt., Matunga Road,

Mumbai – 400 019

Plastic & Engg. Products

l) Cotton Textile Research Lab. Edanwala Rd., Near

5 Garden, Matunga, Mumbai – 400 019

Cotton, Yarn, Cloth Manmade

Fiber & Fabric Products.

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ANNEX –1

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 -400 001.

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 Envelope-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

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ANNEX – 2

MANUFACTURERS’ AUTHORIZATION CERIFICATE

To,

The Director(Training),


3, Mahaplaika Marg, Mumbai-400001

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.

No company or firm or individual other than M/s ______________________ are authorized

to bid and conclude the contract in regard to this business against this specific tender enquiry.

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

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ANNEX – 3

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

1 2009-10

2 2010-11

3 2011-12

Date :

Seal

Signature with Seal of Auditor/

Chartered Accountant

Name (in capital letters)


Note: This statement must be supported by the audited balance sheet of last three years.

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ANNEX – 4

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) E-mail 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: 2009-10, 2010-11 & 2011-12

1.1 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

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Annex – 5A

Proforma for Past Performance from supplier (For a period of last 3 years) i.e. 2009-10, 2010-11, 2011-12

(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 – 5B

Proforma for Past Performance from supplier (For a period of last 3 years) i.e. 2009-10, 2010-11, 2011-12

(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.


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Annex – 6

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

1 2 3 4 5 6 7 8

Note :- To be submitted by tenderer separate for each end user.

Signature & Seal of End User

With name and seal of the Office

* Specific remarks only to be

given in words specified.

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Annex – 7 Note :

1) The commercial offer must be filled online using individual‟s digital certificate. ( An online

form will be provided to bidders for Price Schedule during online bid preparation stage).

2) Offer should be inclusive of all taxes, F.O.R. Destination ( excise duty, sales tax, packing &

forwarding, freight upto destination, loading unloading, insurance charges & other charges if

any.

Price Schedule


Price Structure

Tender No. ____________________

Name of the Item:

__________________________

Model No.:

________________________________

Particulars: Rate (Rs.)

1. Basic Price

2. Excise Duty (If any)

(Mention percentage of Excise Duty)

3. Sales Tax / VAT

(Specify rate at which S.T. / VAT Claimed)

4. Packing & Forwarding Charges

(Including loading and unloading)

5. Freight Charges

6. Insurance Charges

7. Installation / Trial Commissioning charges

8. Other if any (Please specify)

Total Price

F.O.R. Destination: ____________________________________________________

Rupees in Words: ______________________________________________________

NOTE: Rate should be quoted only for the models mentioned in Technical Bid.

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ANNEX – 8

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

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ANNEX – 9

TECHNICAL SPECIFICATIONS COMPLIANCE

Following are the minimum requirements, Products offered must meet these parameters herein.

Tender No.________________ for Supply of ____________________________

Name of Manufacturer: ______________ Make & Model quoted: ___________________

S.No.

Technical specifications/

composition of tender

enquiry(Step by Step)

Compliance on each parameter with

detailed substantiation how the offered

product meets the requirement.

Remarks, if any


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Annex – 10

No Deviation Statement

No Deviation statement of specification of the equipment offered giving details of specification in

following pro-forma only (No other formats will be accepted):

Tender No.________________ for Supply of ____________________________

Name of Manufacturer: ______________ Make & Model quoted: ___________________

Specification of

equipment stated in

Tender Enquiry step

by step

Specification of

equipment offered

by Tenderer step by

step

Whether there are

deviation from the

tender specification

Yes / No

If yes, indicate clearly

which the deviations

are.

1 2 3 4

This is to certify that „there is no deviation between tender specifications and specifications quoted by

us.


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ANNEX – 11

BANK GUARANTEE FOR SECURITY DEPOSIT

To,

The Director (Training),


3, Mahaplaika Marg, Mumbai-400001

WHEREAS ………………………………………………………………. (Name of Supplier)

Hereinafter called “the Supplier” has undertaken, in pursuance of Contract No……………. dated,

200 …. To supply …………………………………………………………………………….

(Description of Goods and Services) hereinafter called “the Contract”.

AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall furnish you

with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance

with the Supplier‟s performance obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the Supplier a Guarantee:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the

supplier, up to a total of ………………………………………… ………………………………

(Amount of the guarantee in Words and Figures) and we undertake to pay you, upon your first written

demand declaring the Supplier to be in default under the Contract and without cavil or argument, any

sum or sums within the limit of ……………………………….. (Amount of Guarantee) as aforesaid,

without your needing to prove or to show grounds or reasons for your demand or the sum specified

therein.

This guarantee is valid until the …………… day of …………………….. 200

Signature and Seal of Guarantors

……………………………………

……………………………………

…………………………………………

… ..Date ……200………….

Address ………………………………

……………………………………

……………………………………


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Annex-12

Contract Agreement

An Agreement made this ………………… day…………………………………………..

......................................................two thousand and ……………………………….

……………………………………………………………………………………………………..

……………………………………………... (hereinafter called “the contractor”) of the one part

Purchasing Officer and the Government of Maharashtra (hereinafter called “the Government”) of the

other part.

Whereas the contractor has tendered to the Government for supply to the Purchasing Officer

[hereinafter called of the articles specified in the schedule “A” (attached) as per delivery instructions

given in the acceptance of tender at the respective prices or rates mentioned opposite to the said

articles in the column provided for the purpose and whereas such tender has been accepted and the

contractor has deposited with the P. O. a sum of (Rs. ……………………

…………………………………… in …………………………………………………………. )

Only as security for due fulfilment of this agreement.

Now it is hereby agreed between the parties hereto as follows :-

(1) The contractor has accepted the contract on the terms and conditions set out in the tender notice

No. ……………………………………. Dated ……………………….. as well in the acceptance

of tender No. ………………………………………………………….. dated

…….…………………………………………. Which will hold good during period of this

agreement.

(2) Upon breach by the contractor of any of the conditions of the agreement, the P. O may by a

notice in writing rescind, determine and put an end to this agreement without prejudice to the

right of the Government to claim damages for antecedent breaches thereof on the part of the

contractor and also to reasonable compensation for the loss occasioned by the failure of the

contractor to fulfil the agreement as certified in writing by the P. O. which certificate shall be

conclusive evidence of the amount of such compensation payable by the contractor to the

Government.

(3) Upon the determination of this agreement whether by effluxion of time or otherwise the said

deposite shall after the expiration of ………………………………… moths from the date of

such determination be returned to the contractor but without interest and after deducting

therefrom any sum due by the contractor to the Government under the terms and conditions of

this agreement.

(4) This agreement shall remain in force until the expiry of the date of delivery of materials but

notwithstanding herein or in the tender and acceptance forms contained the Government shall

not be bound to take the whole or any part of the estimated quantity herein or therein mentioned

and may cancel the contract at any time upon giving one month‟s notice in writing without

compensating the contractor.

(5) In witness whereof the said …………………………………………………….. hath set his

hand hereto and has on behalf of the Government of Maharashtra affixed his hand and seal

hereto the day and year first above written

(6) Notice in connection with the contract may be given by the Director (Training) or any gazetted

officer of the Stores Purchase Organization, authorized by the Director(Training).

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(7) If subject to circumstances beyond control (force majeure) the contractor fails to deliver the

stores in accordance with the conditions mentioned in the A/T, the Purchasing Officer shall, at

his option be entitled either :-

a. to recover from the contractor as agreed liquidated damages or by way of penalty a sum not

exceeding ½ per cent of the price of the stores which the contractor has failed to deliver as

aforesaid for each week or part of a week during which the delivery of such stores may be in

arrears, or

b. to purchase elsewhere, after giving due notice to the contractor on the account and at the risk of

the contractor the stores not delivered or others of a similar description (where other exactly

complying with the particulars are not, in the opinion of the Purchasing Officer which shall be

final, readily procurable) without cancelling contract in respect of consignment not yet due for

delivery, or

c. to cancel the contract.

(8) In the event of action being taken under (a), (b) or (c) the contractor shall be liable for any loss

which the Purchasing Officer, may sustain on that account.

The recovery on account of agreed liquidated damages or by way of penalty under (a) above

will be made by deducting the amount in the bills and the recovery of any loss, which the

Purchasing Officer may sustain under (b) and (c) should be made good by a credit note within

the stipulated period for the purpose.

Mumbai,

Witness :-

1.

2.

Contractor,

Purchasing Office, on behalf of the Governor of

Maharashtra, Mumbai.

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Annex-B

Tender Form & Specification of the tender item :

GOVT. OF MAHARASHTRA

DIRECTORATE OF VOCATIONAL EDUCATION & TRAINING,

MAHARASHTRA STATE

3, Mahapalika Marg, Post Box No.10036, Mumbai – 400 001.

www.dvet.gov.in E-mail: [email protected] Fax:22659235 Ph:22620604/1008/0293

(EMD 3% of the offer

Limited to Rs.5000/-)

IMP : 1) Prescribed Tender Form should be submitted to the DIRECTOR OF TRAINING, DIRECTORATE OF

VOCATIONAL EDUCATION & TRAINING, MAHARASHTRA STATE, MUMBAI – 400 001 digitally

signed by the tenderer, otherwise offer will be rejected.

Detailed Technical specifications are given below.

E- TENDER NOTICE NO. : E/2012-2013 – 005

TENDER NO. : TE-12226

TENDER SHALL REMAIN VALID TILL : 31st March, 2013

DELIVERY PERIOD : 8 To 12 Weeks from the date of receipt of supply

order

Sr.

No.

Name of the Items Quantity

1 Car washer with detergent and steam mixed

facility 20

SR.No. TE-12226

Price Rs.2000 /- 2012-2013

Instruction to Tenderer

Copyright @ DVET 2012 of 34

TE-12226 2012-2013

Car washer with Detergent

specification : -

1) Motor power - up to 2000 watt 2) Maximum pressure 120 bar 3) Maximum flow rate 400 1/h 4) Maximum water temperature 60 0 c 5) Weight up to – 15 kg

ACCESSORIES :-

1) hose reel with 12 m rubber hose 2) wash brush 3) machine stand with caster trolley 4) integrated detergent tank

Note: -

1) operating manual and part catalogue should be provided by dealer

2) specification board made of vinyl should be displayed at the front side of the model .

(Signature of Tenderer)

government of maharashtradvet.maharashtra.etenders.in/tpoimages/dvet/tender/tender123.pdf · page 5...

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