Custom Bid For Services - One Year Extendable Up To Two More Years Repair Rate Contract For Routine And Maintenance On Halon, Chladon, Inhibitor, CO2 , FM200 Firefighting System And Connected Accesso…

Buyer Added text based ATC clauses Additional Terms and Conditions (ATC) 1 Schedule of Requirements. List of items / services required is as follows:- Ser Description Qty Deno Unit Rat e HALON 1 Weighing of bottles 1 Job 2 Removal and Fitment of bottles 1 Job 3 Decanting of gas 1 Job 4 Chemical cleaning and pressure testing of bottles. 1 Job 5 Overhauling and PT of bottles head asse mbly 1 Job 6 Canting of gas 1 Job 7 Removal, overhauling and fitment of elec tro Pneumatic valves and actuators. 1 Job 8 Removal, overhauling and fitment of red ucers. 1 Job 9 Removal, overhauling and fitment of safety valves. 1 Job 10 Renew bursting discs in pipes. 1 Job 11 Removal, repairs and PT of hoses 1 Job 12 Calibration of pressure gauges 1 Job 13 Serviceability checks of QOVs by operati ng with pyro including overhauling and P T 1 Job 14 Repairs of defective sensors/ pressure re lays 1 Job 15 Calibration of DOZOR control cards. Repl ace the defective ones 1 Job 16 Overhauling of control and alarm panel i ncluding inspection and renewal of PCBs and electrical components 1 Job 17 Check and ensure proper insulation of s pecial alloy flanges and sleeve joints. Re place insulating bushes and gasket if nec essary 1 Job 18 Transportation of cylinder 1 Job CO2 19 Weighing of bottles 1 Job 20 Removal and Fitment of bottles 1 Job 21 Chemical cleaning and pressure testing of bottles including pilot bottles 1 Job 22 Overhauling and PT of bottles head asse mbly 1 Job 23 Removal, overhauling and fitment of elec tro Pneumatic valves and actuators. 1 Job 24 Removal, overhauling and fitment of red ucers. 1 Job 25 Removal, overhauling and fitment of safety valves. 1 Job 26 Removal, repairs and PT of hoses 1 Job 27 Calibration of pressure gauges 1 Job 28 Serviceability checks of QOVs by operati ng with pyro including overhauling and P T 1 Job 29 Repairs of defective sensors/ pressure re lays 1 Job 30 Overhauling of control and alarm panel i ncluding inspection and renewal of PCBs and electrical components 1 Job 31 Calibration of weighing beam scale. 1 Job 32 Calibration of C02 concentration sensor 1 Job 33 Transportation of cylinder 1 Job 34 Check and ensure proper insulation of s pecial alloy flanges and sleeve joints. Re place insulating bushes and gasket if nec essary 1 Job HFC227ea/Chladon/FM200 35 Weighing of bottles 1 Job 36 Removal and Fitment of bottles 1 Job 37 Decanting of gas 1 Job 38 Chemical cleaning and pressure testing of bottles including pilot bottles 1 Job 39 Overhauling and PT of bottles head asse mbly 1 Job 40 Canting of gas 1 Job 41 Removal, overhauling and fitment of elec tro Pneumatic valves and actuators. 1 Job 42 Removal, overhauling and fitment of red ucers. 1 Job 43 Removal, overhauling and fitment of safety valves. 1 Job 44 Removal, repairs and PT of hoses 1 Job 45 Calibration of pressure gauges 1 Job 46 Serviceability checks of QOVs by operati ng with pyro including overhauling and P T 1 Job 47 Repairs of defective sensors/pressure rel ays/ gauges, (b) Calibration of all sensor s, pressure relays, gauges 1 Job 48 Overhauling of control and alarm panel i ncluding inspection and renewal of PCBs and electrical components 1 Job 49 Calibration of weighing beam scale. 1 Job 50 Calibration of C02 concentration sensor 1 Job 51 Transportation of cylinder 1 Job

• 2.Minimum Qualification Requirements. The firm which fulfils the following criteria shall be consid ered eligible to quality the Technical Bid 2.1 Financial Capacity. The firm should have a minimum average turnover of Rs.83,71,622/- a nnually over the last three years, ending 31 Mar 25. Proof is to be submitted along with the Technical bid ( CA audited balance sheet and iT return). 2.2 Technical Capacity. The firm should have undertaken routine/maintenance of fire fighting system onboard Indian Navy Ships in past 05 years as per table below:- Ser Minimum No. of Contracts Minimum value of contr acts 2.2.1 03 Contracts Rs. 27,90,540/- each 2.2.2 Or 02 Contracts Rs. 34,88,176/- each 2.2.3 01 Contract Rs. 55,81,081/- OR Firm should have concluded an RRC for routine/maintenance of fire fighting system onboard Indian Navy S hips. 2.3 The firm should be have PESO(Petroliam and explosive safety organization) certificate to execute the job and copy of the same to be attached.
• 3.Registration with yard- The Ll bidder required to obtain a temporary registration fro m Vendor Registration department of ND, Karwar, if not registered for the same item' rang e of products goods or services. Work order will be placed on Ll bidder, only after completion of temporary registration
• 4.Two-Bid system In respect of two bid system bidders are required to furnish clause by claus e compliance of specifications bring out clearly the deviations from specification, if any. The bidders are ad vised to submit the compliance statement in the following format along with Technical Bid.- Ser Description Remarks 4.1 Read and understood all terms and conditions of Ge M Bid Document and the same are acceptable Yes / No 4.2 If the answer to Question above is No, please list the specific jobs not being undertaken as a deviations lis t and attach with this matrix. List of deviations f rom ATC Attached / Not attached 4.3 EMD or Bid securing declaration submitted in accord ance with GeM document Yes / No / NA Documents in support of MOR Conditions enclosed 4.4 4.4.1 Proof of average annual turnover in compli ance with Financial capacity as para 2 (2.1) of ATC submitted? Yes / No 4.4.2 Proof of contracts in the field of supply of si milar nature items as para2 (2.2) of ATC su bmitted? Yes / No 4.4.3 Proof of PESO certificate as para2 (2.3) of A TC submitted Yes / No 4.5 The firm should have valid GST registration number/ EPF/ ECIS Re registration certificates and submit the certificates for the same Yes / No
• 5.Delivery Period Delivery period for supply of items would be As per individual work order Please note that Contract can be cancelled unilaterally by the Buyer in case items are not received within t he contracted delivery period Extension of contracted delivery period will be at the sole discretion of the B uyer, with applicability of LD clause.
• 6.INCOTERMS for Delivery and Transportation. CIP at ND, Karwar
• 7.Consignee Details The Admiral Superintendent (for Manager(SAX & RAC)) Naval Dockyard Naval Base Karwar 581308 Additional Terms and Conditions of GeM Bid Document The Bidder is required to give confirmation of their acceptance of the Standard Conditions of t he additional terms and conditions mentioned below which will automatically be considered as part of the Contract concluded with the successful Bidder (i.e. Seller in the Contract) as select ed by the Buyer. Failure to do so may result in rejection of the Bid submitted by the Bidder.
• 1.Law. The Contract shall be considered and made in accordance with the laws of the Republi c of India. The contract shall be governed by and interpreted in accordance with the laws of the Republic o f India.
• 2.Effective Date of the Contract. The contract shall come into effect on the date of signatu res of both the parties on the contract (Effective Date) and shall remain valid until the completion of the ob ligations of the parties under the contract. The deliveries and supplies and performance of the services sha ll commence from the effective date of the contract.
• 3.Arbitration. All disputes or differences arising out of or in connection with the Contract s hall be settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to t he Contract or relating to construction or performance, which cannot be settled amicably, may be resolved through arbitration. The standard clause of arbitration is as per Forms DPM-7, DPM-8 and DPM-9 (Available in MoD website and can be provided on request).
• 4.Penalty for use of Undue influence. The Seller undertakes that he has not given, offered or promised to give, directly or indirectly, any gift, consideration, reward, commission, fees, broker age or inducement to any person in service of the Buyer or otherwise in procuring the Contracts or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of th e present Contract or any other Contract with the Government of India for showing or forbearing to show fa vour or disfavour to any person in relation to the present Contract or any other Contract with the Governm ent of India. Any breach of the aforesaid undertaking by the Seller or any one employed by him or acting o n his behalf (whether with or without the knowledge of the Seller) or the commission of any offers by the S eller or anyone employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or any other Act enacted for the prevention of corruption s hall entitle the Buyer to cancel the contract and all or any other contracts with the Seller and recover from the Seller the amount of any loss arising from such cancellation. A decision of the Buyer or his nominee to the effect that a breach of the undertaking had been committed shall be final and binding onthe Seller. Giv ing or offering of any gift, bribe or inducement or any attempt at any such act on behalf of the Seller towar ds any officer/employee of the Buyer or to any other person in a position to influence any officer/employee of the Buyer for showing any favour in relation to this or any other contract, shall render the Seller to such liability/ penalty as the Buyer may deem proper, including but not limited to termination of the contract, im position of penal damages, forfeiture of the Bank Guarantee and refund of the amounts paid by the Buyer.
• 5.Agents / Agency Commission. The Seller confirms and declares to the Buyer that the Seller is the original manufacturer of the stores/provider of the services referred to in this Contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the Government of India or any of its functionaries, whether officially or unofficially, to the award of the contract to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Selle r agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is i n any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward, fees, commission or consideration to such person, party, firm or institution, whether before or after the signing of this contract, the Seller will be liable to refund that amount to the Buyer. The Seller will also be debarred from entering into any supply C ontract with the Government of India for a minimum period of five years. The Buyer will also have a right t o consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such an event be liable to refund all payments made by the Buyer in terms of the C ontract along with interest at the rate of 2% per annum above LIBOR rate. The Buyer will also have the rig ht to recover any such amount from any contracts concluded earlier with the Government of India.
• 6.Access to Books of Accounts. In case it is found to the satisfaction of the Buyer that the Seller has engaged an Agent or paid commission or influenced any person to obtain the contract a s described in clauses relating to Agents/Agency Commission and penalty for use of undue influence, the S eller, on a specific request of the Buyer, shall provide necessary information/ inspection of the relevant fin ancial documents/information.
• 7.Non-disclosure of Contract documents. Except with the written consent of the Buyer/ Sell er, other party shall not disclose the contract or any provision, specification, plan, design, pattern, sample or information thereof to any third party.
• 8.Liquidated Damages. In the event of the Seller's failure to submit the Bonds, Guarantees a nd Documents, supply the stores/goods and conduct trials, installation of equipment, training, etc as specif ied in this contract, the Buyer may, at his discretion, withhold any payment until the completion of the con tract. The BUYER may also deduct from the SELLER as agreed, liquidated damages to the sum of 0.5% of the contract price of the delayed/undelivered stores/services mentioned above for every week of delay or part of a week, subject to the maximum value of the Liquidated Damages being not higher than 10% of the value of delayed stores.
• 9.Termination of Contract. The Buyer shall have the right to terminate this Contract in part or i n full in any of the following cases:- 9.1 The delivery of the material is delayed for causes not attributable to Force Majeure for more than (02 months) after the scheduled date of delivery. 9.2 The Seller is declared bankrupt or becomes insolvent. 9.3 The delivery of material is delayed due to causes of Force Majeure by more than (03 months) pro vided Force Majeure clause is included in contract. 9.4 The Buyer has noticed that the Seller has utilised the services of any Indian/Foreign agent in getti ng this contract and paid any commission to such individual/company etc. 9.5 As per decision of the Arbitration Tribunal.
• 10.Notices. Any notice required or permitted by the contract shall be written in the English languag e and may be delivered personally or may be sent by FAX or registered pre-paid mail/airmail, addressed to the last known address of the party to whom it is sent.
• 11.Transfer and Sub-letting. The Seller has no right to give, bargain, sell, assign or sublet or othe rwise dispose of the Contract or any part thereof, as well as to give or to let a third party take benefit or ad vantage of the present Contract or any part thereof.
• 12.Patents and other Industrial Property Rights. The prices stated in the present Contra ct shall be deemed to include all amounts payable for the use of patents, copyrights, registered charges, tr ademarks and payments for any other industrial property rights. The Seller shall indemnify the Buyer agai nst all claims from a third party at any time on account of the infringement of any or all the rights mention ed in the previous paragraphs, whether such claims arise in respect of manufacture or use. The Seller shall be responsible for the completion of the supplies including spares, tools, technical literature and training a ggregates irrespective of the fact of infringement of the supplies, irrespective of the fact of infringement of any or all the rights mentioned above.
• 13.Amendments. No provision of present Contract shall be changed or modified in any way (incl uding this provision) either in whole or in part except by an instrument in writing made after the date of th is Contract and signed on behalf of both the parties and which expressly states to amend the present Cont ract.
• 14.Taxes and Duties. 14.1 General. 14.1.1 If reimbursement of any Duty/Tax is intended as extra over the quoted prices, the Bidder must sp ecifically indicate so. In the absence of any such stipulation it will be presumed that the prices quoted are firm and final and no claim on account of such duty/tax will be entrained after the opening of tenders. 14.1.2 If a Bidder chooses to quote a price inclusive of any duty/tax, he should clearly indicate the rate of such duty/tax and quantum of such duty/tax included in the price. Failure to do so may result in ignorin g of such offers summarily. 14.1.3 If a Bidder is exempted from payment of any duty/tax upto any value of supplies from them, he s hould clearly state that no such duty/tax will be charged by him up to the limit of exemption which he may have. If any concession is available in regard to rate/quantum of any Duty/tax, it should be brought out cle arly. Stipulations like, the said duty/tax was presently not applicable but the same will be charged if it bec omes leviable later on, will not be accepted unless in such cases it is clearly stated by a Bidder that such d uty/tax will not be charged by him even if the same becomes applicable later on. In respect of the Bidders, who fail to comply with this requirement, their quoted prices shall be loaded with the quantum of such dut y/tax which is normally applicable on the item in question for the purpose of comparing their prices with ot her Bidders. 14.1.4 Any change in any duty/tax upward/downward as a result of any statutory variation in excise taki ng place within contract terms shall be allowed to the extent of actual quantum of such duty/tax paid by t he supplier. Similarly, in case of downward revision in any duty/tax, the actual quantum of reduction of su ch duty/tax shall be reimbursed to the Buyer by the Seller. All such adjustments shall include all reliefs, ex emptions, rebates, concession etc. if any obtained by the Seller. 14.2 Customs Duty 14.2.1 For imported stores offered against forward delivery, the Bidder shall quote prices thereof exclusi ve of customs duty. The Bidder shall specify separately the C.I.F. prices and total amount of customs duty payable. They will also indicate correctly the rate of customs duty applicable along with Indian Customs T ariff Number. Customs duty as actually paid will be reimbursed on production of necessary documents i.e.
• (aa)Triplicate copy of the bill of entry; (ab) copy of bill of lading; (ac) a copy of foreign principal’s invoice. However, if the Bidder imports the stores in question against his own commercial quota Import Licenses, h e will also be required to submit in addition the triplicate copy of bills of entry etc. a certificate from his Int ernal Auditor on the bill itself, to the effect that the following items/quantity in the bill of entry related to th e stores imported against Defence Buyer contract number…………………………….. dated………….. 14.2.2 Subsequent to the reimbursement of customs duty, the Bidder will submit to the concerned Paym ent Authority a certificate to the effect that he has not obtained any refund of customs duty subsequent to the payment of duty to the Customs authority by him. In addition, he shall also submit to the Paying Auth ority concerned a certificate immediately after a period of three months from the date of payment of the d uty to customs authorities to the effect that he has not applied for refund of the customs duty subsequent to the payment of duty to the customs authorities by him. 14.2.3 In case the Bidder obtains any refund of customs duty, subsequently to the payment of the same by him to the customs authorities and reimbursement of the customs duty to him by the Payment Authorit y, he should forthwith furnish the details of the refund obtained and afford full credit of the same to the Bu yer. 14.3 GST 14.3.1 5% GST is applicable on services.
• 15.Safety Guidelines. 15.1 Applicability. These safety guidelines are applicable to Contractors performing any work within naval premises, onboard naval platforms or in any facilities belonging to the Indian Navy. 15.2 General Safety Responsibilities. The Contractor shall at his/ her own expense arrange for al l safety provisions as per Factories Act 1948 with its latest amendment, State Government Rules, and any other Legislative Acts, Rules and Regulations as applicable, in respect of personnel directly or indirectly in performance of the Contractor’s part of work (including sub-contracted workers). This includes provision of the following: - 15.2.1 Appropriate PPE to all workers. 15.2.2 Safety signages at the work site. 15.2.3 Machinery/ equipment that is safe to use. 15.2.4 Adequate safety training for all workers and supervisors. 15.2.5 Medical attention for injuries/ fatalities at the work sites. 15.3 All PPE working material, tools, equipment, machinery and procedures are to be in conformance with recognised Indian Standard as issued by Bureau of Indian Standard (BIS). 15.4 The Contractor is to ensure that the workers and supervisors are adequately trained, qualified an d certified for the jobs being undertaken. 15.5 All machinery and equipment must be serviceable and safe to use with all requisite test certificat es in-date. 15.6 The Contractor is to formulate an overall Health, Safety and Environment (HSE) plan for the contr acted work in consultation with the naval Contract Operating Authority (COA).The HSE plan is to include in stitutionalisation of suitable mitigating measures and precautions for prevention of any viral transmission/ such diseases at the work site and adjoining areas. Suitable HSE experts may also be consulted, if require
• d.15.7 The Contractor is provide at least one full-time on-site dedicated Safety Officer/ Supervisor when 50-250 workers have been engaged. An additional safety supervisor is to be appointed for every 100 work ers or part thereof for a particular work. If than 50 workers are employed, any suitable supervisor of the Co ntractor may be nominated for additionally looking into overall safety aspect. The responsibilities of the Sa fety Officer/ Supervisor will include the following: - 15.7.1 Assess the safety hazards associated with jobs in consultation with all concerned and establish sa fe working procedures/ protocols. A written record is to be maintained. 15.7.2 Undertake routine and surprise inspections of work sites and identify deviations from safe workin g procedures, if any. Checks compliance with the overall HSE plan. Document any deviations/ violations ob served and bring it to notice of the concerned supervisor and management. 15.7.3 Ensure hazard area markings and signages are properly positioned. 15.7.4 Maintain record of all qualifications/ certifications of skilled workers. 15.7.5 Maintain record all serviceability tests/ certificates of systems/ equipment/ machinery at the work site and details of their preventive maintenance undertaken. 15.7.6 Ensure the hazard and near-miss/ incident reporting organization is functioning efficiently. 15.7.7 Report incidents/ accidents to the Contractor and naval authorities promptly. 15.7.8 Investigate ‘near misses’, incidents and accidents to identify the root cause and institute/ advise corrective measures to prevent recurrence. 15.7.9 Maintain statistical safety data for analysing safety performance of various work-groups. 15.7.10 Advise the management on restrictions/ limitations on work due to safety considerations. 15.7.11 Ensure that toolbox meetings and safety briefings/ de-briefings prior commencement and post co mpletion of daily work/ jobs in being conducted by supervisors. Randomly attend such meetings/ briefings and ensure records are being maintained. 15.7.12 Attend all safety meetings of the naval COA, as required, along with the Contractor management. 15.7.13 Maintain daily safety records and provide these for inspection to management or naval COA, whe n ordered. 15.7.14 Ensure good house-keeping of the work site/ area. 15.7.15 Conduct periodic safety meetings to ensure all workers/ personnel have a common understanding and consciousness of safety. 15.8 Near Miss/ Incident Reporting and Response. Any incident, ‘near miss’ or accident i s to be reported promptly by the Safety Supervisor to the Contractor management and the naval COA, whi le simultaneously commencing incident response actions. The COA would augment resources for incident r esponse, if required. Depending on the severity of the incident, work in the concerned work-site is to be ha lted incident response is completed, requisite investigation is undertaken and hazard mitigation measure p ut in place. For serious accidents involving loss of life/ limb, the Contractor is to undertake a detailed inves tigation and render a written report to the COA bringing out the causes for the accident and the mitigating action taken to prevent recurrence. 15.9 Contractor shall own full responsibility for any accident and injury to any worker(s) or to any pers on(s) or property arising due to violation of the safety norms, in addition to all the liabilities for criminal/ pe nal action, insurance claims, etc. arising out of an accident during the executing of the contract. He shall b e liable to pay compensation / damages arising out of such claims, indemnifying the principal employer. Th is will be applicable, even though financial penalty is not applied for such violations. Further, implication of financial penalties for any safety violations does not absolve the contractor from any of the responsibilities as per the General conditions of the Contract, Special conditions of Contract and Special Conditions. 15.10 Environmental Protection/ Waste Disposal. During execution of work the Contracto r must ensure that ensure that requisite arrangements are in place to avoid pollution of the surrounding e nvironment by spread of fumes, dust, toxic gases/ vapours, waste discharge into water bodies contaminati on of ground water sources, etc. Sound pollution is to be avoided by incorporation of suitable sound dampi ng arrangements on machinery/ equipment. 15.11 All waste/ debris/ scrap is to be cleared by the Contractor on regular basis. The COA may stop wo rk if non-clearance of waste is leading to unsafe/ unhygienic conditions. Disposal of waste is to be undertak en in accordance with existing environment laws. 15.12 Conduct within Naval Premises. The Contractor is to ensure that all contracted worker/ pers onnel adhere to the safety/ security rules and regulations in force when within naval premises strict action would be taken against defaulting workers and the Contractor penalised. Some specific regulations to be a dhered to in naval areas are as follows: - 15.12.1 Photo/ videography of any kind is not permitted. 15.12.2 Smartphones are not permitted in sensitive areas as indicated by the COA. The Contractor is to make a suitable facility for workers to deposit their smartphones on entry to the premises. 15.12.3 Only the designed gates/ entry points are to be used for entry and exit to the premises. 15.12.4 Workers are not to wander outside the designated work sites. 15.12.5 Smoking, consumption of alcohol, intoxicating medicines, narcotics, tobacco products etc, are not permitted within naval premises. Designated smoking zones may be established by the unit, on request, if feasible. 15.12.6 Any work carried out in the naval premises must be covered by a valid work permit / clearance c ertificate issued by the concerned department of the COA. 15.12.7 All material entering / exiting the naval premises will be subjected to security checks. 15.13 Financial Penalties for Safety Violations. Safety violations within naval premises will invite financial penalties on the Contractor by the COA. These penalties will be deducted from the running/ final bill or settlement. The penalty can be recommended by the concerned department of the COA where the work is taking place, or by the safety officer/ supervisor of the COA. The following penalties may be applie d by the COA depending on the severity of the violation: - Ser Severity of Safety Violation Amount (Rs) 1 Minor violation of specified safety regulations (eg, electrical hygiene, road safety, non-usag e of PPE, etc) 500/- to 2,000/- 2 Major violation of specified safety regulations (eg, load test of lifting appliance not in-date, safety supervisor absents from work site, un qualified person operating machinery, etc) 5,000 to 10,000/- 3 Safety violations resulting in damage to nava l property or injury to naval personnel / depe ndents Cost of damages/ medical treatment. As per actuals 15.14 The above penalties do not absolve the Contractor for further civil action / lawsuits, foreclosure of the contract and / or imposition of tender holiday/ de-registration by the COA, for violations of serious natu re. 15.15 Pre-Work Safety Preparation. Prior to commencement of work, the Contractor is to ensur e the following: - 15.15.1 Adequate number of workers/ personnel have been allocated for the work. 15.15.2 The workers have been properly briefed and equipped with appropriate PPE and tools/ accessorie
• s.15.15.3 All equipment/ machinery have been inspected and verified safe for use. Requisite safety devices are operational and functioning. 15.15.4 All emergency/ incident/ accident response arrangements are in place. 15.15.5 Requisite clearances from the COA are available for commencing the work. 15.16 Safety during Execution of Work. During execution of work, the Contractor must ensure prop er monitoring of all areas of the work-site and proactively address any identified hazards (dynamic risk ass essment). Supervisors must be empowered to stop work until observed hazards have been mitigated. Perf ormance parameters of operating machinery must be constantly evaluated for determining any signs of st ress or impending failure which could lead to an accident. 15.17 Post-Work Safety Securing. On completion of work, the Contractor must ensure that wo rkers/ personnel are de-briefed, during which any unforeseen issues/ hazards which emerged during the ex ecution of work, may be discussed. Specific safety aspects/ preparations for the next day’s plan/ scope of work may also be discussed. All equipment/ machinery is to be de-energised and inspected for any require ment for maintenance or repair. All items/ equipment are to be returned to their respective locations and h ousekeeping activities undertaken. 15.18 Road Safety in Naval Premises. 15.18.1 The Contractor is to obtain prior permission to operate vehicles inside the naval premises by sub mitting requisite vehicle registration certificates and driving licenses of the designated drivers. 15.18.2 The vehicles are to be in compliance with all relevant provisions of the Motor Vehicles Act 1988 a nd Motor Vehicles (Amendment) Act 2019. 15.18.3 All traffic regulations in the naval premises are to be complied with by the motor vehicles used fo r execution of contract inside the naval premises. In addition, the following points are also outlined for com pliance: - 15.18.3.1 Speed limit within the naval premises is to be followed. 15.18.3.2 Vehicles are to ne parked only in designated areas. 15.18.3.3 Vehicles driven inside the premises should be safe for use and have effective brakes, h orns, lights, goods tyres, etc. 15.18.3.4 Vehicles shall carry only the number of passengers or weight of load as authorised by la
• w.Loads carried in trucks shall be properly secured to prevent accidentally falling off. Loose material in op en trucks/ tippers is to be covered to prevent material flying off. 15.18.3.5 Drivers of heavy motor vehicles should check for vehicle’s overhead/ sideways clearanc e whilst driving in confined areas within naval premises. 15.19 Work Site Safety. Contractor will be responsible for safety at their respective work-sites. An indi cative list of guidelines for specific aspects of work-site safety are as follows: - 15.19.1 Pedestrian Safety. 15.19.1.1 Every work-site is to have a proper traffic management plan to minimise interaction bet ween pedestrians and vehicles/ mobile equipment. 15.19.1.2 Areas designated for pedestrian movement and vehicular movement are to be clearly d emarcated. The following zones are to be created based on risk assessments: - 15.19.1.2.1 A-Type Areas. No walk zones, where no pedestrian is permitted. 15.19.1.2.2 B-Type Areas. Areas where specifically trained personnel in appropriated PPE are auth orised to walk. 15.19.1.2.3 C-Type Areas. Areas where unrestricted walking access is permitted to authorised per sonnel. 15.19.1.3 Pedestrian areas are to be designed to minimise risks to pedestrians. The walkways are to be unobstructed, well-marked, well-surfaced and well-lit. 15.19.1.4 Floor openings larger than 12 inches are to have a secured cover, and a suitable guardr ail around when kept open. 15.19.1.5 For work being undertaken on high structures, adequate screens/ safety nets are to be provided to prevent debris/ material/ tools falling on personnel/ pedestrians below. 15.19.2 Mobile Equipment Safety. Mobile equipment includes all wheeled and tracked vehicle s and Material Handling Equipment (MHE) such as forklifts, cranes, etc. The following is to be ensured whil e operating mobile equipment at the work-site: - 15.19.2.1 All mobile equipment are to be serviceable, load tested and certified for safe use. Regul ar checks/ preventive maintenance of the equipment is to be undertaken, especially of critical safety devic es, to maintain the equipment safe for use. 15.19.2.2 Equipment is not to be used if ‘no-go’ items such as brakes, anti-collision devices, emer gency stops, etc are not working. 15.19.2.3 Mobile equipment are to be handled only be qualified and experienced personnel. 15.19.2.4 Personnel operating mobile equipment are to done appropriate PPE. Operator fatigue m ust be borne in mind by the supervisors. 15.19.2.5 Loads are to be stable and secured before commencing movement of the equipment. 15.19.2.6 Operating limits / zones for mobile equipment are to be clearly marked/ indicated. Mobile equipment are to remain within these limits/ zones and adhere to stipulated safety/ traffic regulatio ns. 15.19.3 Safe Handling of Loads. 15.19.3.1 Safe operating procedures for lifting/ handling different size/ shape loads must be prom ulgated and concerned personnel must be aware of these. 15.19.3.2 Loads must not be lifted over personnel or vehicles. 15.19.3.3 The load must not exceed SWL of the lifting appliance/ equipment. 15.19.3.4 Supervising personnel must position themselves in a position to be clearly visible to the equipment operator and effective communication/ signalling is to be employed. 15.19.3.5 All lifting gear is to be thoroughly checked before and after use. 15.19.3.6 Path for equipment moving the load is to be clear of obstruction. 15.19.3.7 Load being lifted must be correctly secured/ slung and balanced. 15.19.4 Safety while Working at Heights. 15.19.4.1 Fall protection/ prevention measure must be instituted for any location where personnel are working near an unprotected edge which exposes them to a fall more than 2 metres. 15.19.4.2 Appropriate fall protection methods/ equipment such as anchor points, harnesses, secu ring lanyards, etc are to be provisioned for personnel working at heights. ‘Three point contract’ is to be ens ured at all times. 15.19.4.3 Fall prevention measure such as safety cages, scaffolding, elevated work platforms, fen cing and guardrails must be provided wherever possible. 15.19.4.4 Scaffolding shall be of good material and sound construction as per the standards. The scaffolding shall be checked thoroughly by the safety supervisor before use. 15.19.4.5 Personnel working at heights must work in ‘buddy’ system. 15.19.5 Fire Safety. 15.19.5.1 Constant risk assessment is required to be undertaken to ensure that the work place is clear of fire hazards. 15.19.5.2 Adequate portable/ first-aid fire-fighting appliances are to be available at the work site appropriate for the nature of inflammable/ combustible material in use or being stowed. 15.19.5.3 Personnel are to be trained for use of first aid fire-fighting equipment until arrival of fire-fighters. 15.19.5.4 Mass evacuation procedures for major fires are to be put in place and exercised regularl
• y.15.19.5.5 Hot Work Precautions. 15.19.5.5.1 Gas cutting torches shall be fitted with approved flash back arrestor at both ends. 15.19.5.5.2 Two stage regulators with two gauges only must be used. 15.19.5.5.3 Oxygen gas and other gas hoses should be without any joint. In the event of joint beco ming essential, only approved connector must be used. 15.19.5.5.4 Oxygen must never be used as a substitute for compressed air nor must it be released i n a confined space for any reason. 15.19.5.5.5 Oil or grease must not be allowed to come in contact with oxygen cylinders, regulators or hose. 15.19.5.5.6 Acetylene/ cutting gas and oxygen cylinders must not be taken onboard vessels or tank s under any circumstance, neither should acetylene / cutting gas torches connected with cylinders be left onboard any vessel. Torches must always be taken outside the vessel when not in use. 15.19.5.5.7 Torches/ hoses when disconnected from the cylinder can be permitted for stowage onb oard in open area to avoid removal/ relaying. 15.19.6 Safety when Working in or around Water Bodies. 15.19.6.1 All areas next to water are to have suitable fencing/ barriers with adequate safety marg in from the edge to prevent personnel or equipment from falling into the water. 15.19.6.2 In case personnel are to work close to the water’s edge, they must done suitable floatat ion gear/ life jackets, and must work under supervision or in ‘buddy system’. Alternatively, safety nets may be placed below the working area/ location of personnel. 15.19.6.3 The water’s edge must have good lighting/ illumination to be clearly visible. 15.19.6.4 Areas where berthing operations of ships/ vessels are undertaken are to be clearly dem arcated to prevent unauthorised workers/ personnel from entering. 15.19.6.5 Lifebuoys with lines are to be readily available for recovery of personnel falling into wat er. 15.19.6.6 For work being performed on the water, boats/ ships/ floating platform (vessels) being u sed should be seaworthy. Requisite seaworthiness certification from an authorised agency must be held. 15.19.6.7 Vessels must not be overloaded beyond capacity. Loads onboard must be balanced to maintain stability. 15.19.6.8 All personnel onboard must be in possession of life-jackets. 15.19.6.9 The Vessels must have guardrails to protect personnel from falling overboard. 15.19.6.10 Vessels are to be properly secured/ moored when not underway. 15.19.6.11 Onboard work is to cease during rough weather and the vessels secured adequately. 15.19.6.12 Regular checks of water-tight integrity of the vessels is required to be undertaken by co mpetent personnel. 15.19.6.13 While underway, the vessels are to be handled by competent personnel with due regar d to IRPCS and SOLAS regulations. 15.19.6.14 Only qualified and certified personnel and equipment are to be employed for underwate r operations. The contract operating authority may verify the certifications prior commencement of work. 15.19.6.15 Standard procedures for conduct of underwater operations are to be adhered to as laid down in International Marine Contractors Association (IMCA) International Code for Practice of Offshore Div ing IMCA D014. 15.19.7 Safety while Working with Compressed Gas. 15.19.7.1 Compressed gas cylinders shall be kept in upright position (both full & empty). They mu st be firmly located on the ground on a sturdy stand and the cylinder should be chained to prevent acciden tal fall. 15.19.7.2 Filled and empty cylinders should be stacked separately. They shall meet the requirem ents under the Gas Cylinder Rules 2004. Valid test certificate for compressed gas cylinders shall be made available at site for verification by authorised person. 15.19.7.3 Compresses gas cylinder must never be stored or placed near hot equipment or lines. T hey must be protected against high temperatures and contract with electrical circuits. They must also be p rotected from damage by passing or falling objects. When cylinders are not connected for use, safety caps must be in place. 15.19.7.4 Compressed gas cylinders must never be dropped or struck or permitted to strike each other violently. Damages to the cylinder or its valves could result in disastrous jet propulsion of the cylinde rs and may result in major accidents / fatalities. Compresses gas must be transport with the help of trolleys only. 15.19.8 Safe Handling of Hazardous Substance. 15.19.8.1 Hazardous substance must be handled by qualified personnel only. 15.19.8.2 Appropriate equipment must be used for handling / moving hazardous substances. 15.19.8.3 Areas where hazardous substances are stowed or are being handled must be clear of all personnel not involved with operation. Suitable hazard area markings are to be placed. 15.19.8.4 All personnel handling such substance must done the correct PPE capable of withstandi ng the corrosive/ chemical effects of the substance. 15.19.8.5 Protocols/ procedures for handling leaks of hazardous substances m ust be in place and exercised regularly. 15.19.9 Engineering Safety. This includes safety while operating electrical, mechanical, hydraulic, pneumatic, chemical, gravitational, thermal and radiation equipment/ systems. Some general guidelines fo r Engineering Safety are: - 15.19.9.1 All machinery/ equipment must have protective guards, especially around moving part. 15.19.9.2 All systems must have clear operating instructions and must be operated only by qu alified personnel donning the appropriate PPE. Personnel operating machinery with moving parts must not wear loose fitting clothes. 15.19.9.3 All safety devices/ cut-offs of the equipment/ machinery should be functional to prev ent inadvertent operational of the equipment. 15.19.9.4 Machinery/ equipment are not to be overloaded beyond their capacity. 15.19.9.5 Regular preventive and condition based maintenance is to be undertaken on system s/ equipment. 15.19.9.6 All equipment is to be thoroughly inspected before and after use. 15.19.9.7 No work is to be undertaken on a system when it is ‘live’. 15.19.9.8 All potential energy sources must be identified, isolated and energy released. 15.19.9.9 ‘Tag system’ must be utilised for safe operation of electro-mechanical systems/ equi pment. 15.19.9.10 Electrical works must comply with the Central Electricity Authority (Safety Re quirements for Construction, Operation and Maintenance of Electrical Plants and Electric Lines) Regulations , 2011, Indian Electricity Act 2003 and Central Electricity Authority (Measures to Safety and Electrical Suppl
• y)Regulations, 2010. 15.19.9.11 No electrical installation works shall be carried out except by an electrical Co ntractor licensed by the State Government and under the direct supervision of a person holding a certificat e of competency recognised by the Sate Government. 15.19.9.12 Domestic type power boards, double adaptors, 3 pin plug adapters and hom emade power boards must not be used. All distribution boards and plug tops shall be of industrial type. 15.19.9.13 All electrical DBs and switchboards shall be identifiable with Contractor’s na me displayed on it. 15.19.9.14 All electrical equipment/ tools being used are to be properly grounded/ earthed. 15.19.10 Safety while Working in Enclosed/ Confined Spaces. 15.19.10.1 Enclosed/ confined spaces are to be properly ventilated before commenceme nt of any work. 15.19.10.2 Multi-gas analysers are to be utilised to confirm the absence of hazardous gases before personnel entry any confined space. 15.19.10.3 A diagrammatic layout of the enclosed/ confined space is to be available outs ide and is to be briefed to personnel entering. 15.19.10.4 The space is to be adequately illuminated. 15.19.10.5 Personnel entering the space are to work in buddy pairs and be in constant c ommunication with a supervisor outside. 15.19.10.6 Adequate specialised PPE such as respirators/ breathing apparatus is to be available for use as required or in emergency. 15.19.11 Safety in Explosion Hazard Areas. Fire hazard is a primary concern in explosion hazard areas. Towards this the following are to be adhered to: - 15.19.11.1 The explosion hazard area is to be classified based on the type of stability and form of the exp losive material and is to be clearly demarcated. 15.19.11.2 All possible ignition sources within the area are to be identified and eliminated. 15.19.11.3 All personnel working in the explosion hazard area are to wear anti-static clothing and PPE. S tatic discharge rods/ pipes are to be provided at entry points to the area. 15.19.11.4 All lighting is to be hermetically enclosed/ sealed or non-arcing type lighting. 15.19.11.5 All electrical equipment in the area is to conform with IS 5571 (2009) : Guide for Selection and I nstallation of Electrical Equipment in Hazardous Areas. 15.19.12 Good Housekeeping. Safety of operations depends largely on good house-keeping of the work areas. Towards this the following is to be ensured: - 15.19.12.1 The layout of the work-site/ work area is to be functional and efficient and conducive to facilitat e order and cleanliness. 15.19.12.2 All movements areas (aisles, passageways, transport areas and exits must be clear of obstacle s). 15.19.12.3 Special areas must be set aside for storage of materials, equipment/ machinery, tools, accessor ies. 15.19.12.4 Designated waste/ scrap/ debris collection areas are to be set up with ease of access to vehicle s for clearing these. 15.19.12.5 Rack are to be set up for hand tools/ implements above work tables. 15.19.12.6 Floor covering materials as required for surface protection and cleaning are to be placed. 15.19.12.7 Suitable screens for limiting spread of dust/ soot/ hazardous fumes/ water must be positioned. 15.19.12.8 Drainage channels for waste water are to be created. 15.19.12.9 Specia groups of personnel are to be nominated for day-to-day/ periodic cleaning, maintenance and repair of facilities. 15.19.12.10 Every worker is to be made responsible for cleaning his/her own work place. 15.19.12.11 Supervisor are to be responsible for ensuring good house-keeping. 15.19.13 Advisory on Contractor Safety Audit and Management in MES Works. 15.19.13.1 Annexure ‘B’ of IAFW 2246, clauses 1 to 15 specific various aspects, tools & plants, harne ss to be worn by employees during constructions work site. These should be implemented in true letter & spirit and ensured on ground by site supervisors and JEs. 15.19.13.2 Only contractors with demonstrated safety performance should be considered for award of contract. A stringent EHs measure should from a part of PRE-Bid qualification criteria. 15.19.13.3 Ground executives and user reps to carryout regular and surprise checks at site to ensure that all employees adhere to safety norms. 15.19.13.4 It shall be ensured that no Labourer is working alone in dangerous places/ high rise site w ithout proper helmet harness and other safety eqpt. 15.19.13.5 Adequate light/lighting arrangements must be made available at working site. 15.19.13.6 The construction site must be cleaned daily and remain clutter free to prevent tripping. 15.19.13.7 Safety harness be made compulsory working above ground floor. 15.19.13.8 Use of proper safety sign on construction site and workers should be familiar with site saf ety tips. 15.19.13.9 Labourer to work in group or at least in buddy pairs. 15.19.13.10 Centralised practice/ demo of all laborers on adherence to safety precautions be carried o ut once a month.
• 16.Labour Regulations. 16.1 Contract Labour (Regulation and Abolition) Act. Contractor should obtain license under s ection 12 and 13 of the Contract Labour(Regulation and Abolition) Central Rules, 1972 and provisions mad e there under and same should be submitted along with technical bid. The license should be shown as and when demanded by the concerned authorities and officials of ND(Kar). The Contractor shall carry out his obligations and duties under the Contract Labour (Regulation and Aboliti on) Central Rules, 1972 and the rules framed there under. Contractor shall maintain wage register in Form 13 as per CLRA 1972. Payment to workers shall be made through bank account and a copy of bank remitta nce statement along with attendance register shall be forwarded to ND(Kar) on monthly basis for the durat ion of contract. 16.2 Minimum Wages Act. Contractor shall pay employee not less than minimum wages and allowa nces applicable to the Engineering industry as notified from time to time by the State Govt/ Central Govt u nder Minimum Wages Act. Contractor shall be responsible for timely payment of wages of all employees e ngaged in ND(Kar) not less than the prescribed minimum wages in each case and without any deductions of any kind except specified by the Government under the Payment of Wages Act. 16.3 Employees Provident Fund Act and Scheme. The Contractor wherever applicable shall cover all his eligible employees engaged on ND(Kar) jobs under the Employees Provident Fund Act & Scheme and Family Pension Scheme and pay the contribution in respect of his employees and his own. He shall submit all the necessary returns and other particulars periodically as prescribed under the said insurance scheme by filing requisite returns to the concerned authorities with inspection and Administrative charges as per r elevant provision of the concerning Acts and Schemes made there under within 15 days from the month e nding. 16.4 Employees State Insurance Act. Contractor should also cover all the contract labourer’s worki ng on ND(Kar) jobs, under the Employees State Insurance Act and Scheme by furnishing necessary returns to appropriate authority and pay both employees and employers contributions in respect of these employe es to the concerned authorities within 20 days from the month ending. Contractor should produce proof of such remittances to the contracting authority along with full details of contributions etc, as and when such details are sought. He shall also give an undertaking that he will not engage any person in ND(Kar) jobs, w ho is not duly covered under the said Act Scheme. 16.5 Uniform. All personnel including supervisors employed for the work on the premises of the Yard will wear uniform with firm’s name prominently printed on the front and back side. All employees of the fir m should be provided with ISI registered personnel protective clothing such as safety harness, steel toed s hoes, gloves, helmet, protective eyewear and apron etc as applicable for the work being undertaken by th em. 16.6 Appointment of skilled labor. As per the latest Government policy under IHQ Mod letter CP(SC )/1890/Policy dated 31 Mar 21, it is mandatory to appoint only certified skill workers for all Government wo rk. Hence all supervisors should produce proof of the proficiency certificate of the workers under him, as a nd when such details are sought and to submit a copy of it along with the work completion certificate.
• 17.Security. 17.1 The contractor firm are to abide by the general rules in force by the management of the Navy incl uding Official Secret Act 1923. 17.2 All types of photography is prohibited. Smart phone/ devices banned inside naval base. Defaulter’s gadget will be seized and necessary legal action will be initiated. 17.3 Only the designated gates/ entry points are to be used for entry and exit to the premises. Worker s are not to wander outside the designated work sites. 17.4 All types of sketch, plan, model, not photographs, video graphs, movement of ships/ submarines, collection or publication or communication relates to defence/ naval service with any unauthorized/ foreig n personnel are considered unauthorized. 17.5 All data, documents, materials and information received or generated during the execution of con tracts to be treated as confidential or restricted unless otherwise specified. 17.6 No Unauthorized disclosure of information or documents related to contract shall be made to any person or entity not officially entitled to receive such information. Special Conditions of the GeM Bid Document The Bidder is required to give confirmation of their acceptance of Special Conditions of the AT C mentioned below which will automatically be considered as part of the Contract concluded w ith the successful Bidder (i.e. Seller in the Contract) as selected by the Buyer. Failure to do so may result in rejection of Bid submitted by the Bidder.
• 1.Performance Guarantee.: The Bidder will be required to furnish a Performance Guarantee by way of Bank Guarantee through a public sector bank or a private sector bank authorized to conduct govern ment business (ICICI Bank Ltd., Axis Bank Ltd or HDFC Bank Ltd.) for a sum equal to 5% of the contract val ue within 30 days of receipt of the confirmed order. Performance Bank Guarantee should be valid up to 60 days beyond the date of warranty. The specimen of PBG is given in Form DPM-15 (Available in MoD websit e and can be provided on request).
• 2.Parallel Rate Contracts. Yard reserve the right to distribute RRC to the ratio given below according to Article 7.5.5 of procurements of goods 2022 to meet peak requirements. The contract w ould be distributed as follows: - 2.1 Two parallel RCs would be concluded with L1 & L2 firms in the ratio of 60.40 of total estimated contr act value for three years, if the number of successful bidders is greater than two, subject to L2 firm matchi ng final L1 offer. The ratio of order value is only indicative, however, priority for issuing each sub-work ord ers under RC would be in the order of L1 & L2. Assured order value for each RC holding firm under parallel RC could not be guaranteed, however would be met on progressive basis, based on the actual repair requirement emerging time-to-time. 2.2 In case of multiple L1 or multiple L2 situations, discretion of concluding parallel RC would be exercis ed by the buyer in such a manner to conclude RC with only the L1, or by providing equal distribution of p roportionate ratio (between multiple L1 or L2 firms), or by selecting upto three vendors for paral lel Rcs, as found essential at that juncture.
• 3.Limitation of Liability. Except in cases of criminal negligence or wilful misconduct, the ag gregate liability of the contractor to the Procuring entity, whether under the contract, in tort or otherwise, s hall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the contractor to indemnify the procuring entity c oncerning IPR infringement.
• 4.Payment Terms. It will be mandatory for the Bidders to indicate their bank account numbers a nd other relevant e- payment details so that payments could be made through ECS/EFT mechanism instea d of payment through cheques, wherever feasible. A copy of the model mandate form prescribed by RBI to be submitted by Bidders for receiving payments through ECS is at Form DPM-11 (Available in MoD website and can be given on request). The payment will be made 100% post completion of work, on production of the requisite documents: 4.1 Stage Definition Stage Payment 1 On work completion of individual work order and certification by ND(Kar) Full value of individual work order
• 5.Advance Payments. No advance payment(s) will be made.
• 6.Paying Authority. The payment of bills will be made on submission of the following documents by the Seller to the Paying Authority (Accounts Office, Karwar) along with the bill:- 6.1 Ink-signed copy of contingent bill / Seller’s bill. 6.2 Ink-signed copy of E- invoice / Seller’s bill. 6.3 E-invoices to be generated on AO (Kar) GST No. 29BLRA16713E1DF. 6.4 Copy of Contract with U.O. number and date of IFA’s concurrence (where required under delegati on of powers). 6.5 Inspection note. 6.6 Claim for statutory and other levies to be supported with requisite documents / proof of payment such as GST paid Receipt and Undertaking, Proof of payment for EPF/ESIC contribution with nominal roll of beneficiaries, Excise duty challan, Customs duty clearance certificate, Octroi receipt, , etc as applicable. 6.7 Exemption certificate for Excise duty / Customs duty, if applicable. 6.8 Bank guarantee for advance, if any. 6.9 Guarantee / Warranty certificate. 6.10 Performance Bank guarantee / Indemnity bond where applicable. 6.11 DP extension letter with CFA’s sanction, U.O. number and date of IFA’s concurrence, where requir ed under delegation of powers, indicating whether extension is with or without LD. 6.12 Details for electronic payment viz Account holder’s name, Bank name, Branch name and address , Account type, Account number, IFSC code, MICR code (if these details are not incorporated in contract). 6.13 Any other document / certificate that may be provided for in the supply order / contract. 6.14 User Acceptance. 6.15 Xerox copy of PBG. (Note – From the above list, the documents that may be required depending upon the peculiarities of the p rocurement being undertaken, may be included in RFP)
• 7.Fall Clause. The following Fall clause will form part of the contract placed on successful Bidder : - 7.1 The price charged for the stores supplied under the contract by the Seller shall in no event excee d the lowest prices at which the Seller sells the stores or offer to sell stores of identical description to any persons/Organisation including the purchaser or any department of the Central government or any Depart ment of state government or any statutory undertaking the central or state government as the case may b e during the period till performance of all supply Orders placed during the currency of the rate contract is c ompleted. 7.2 If at any time, during the said period the Seller reduces the sale price, sells or offer to sell such st ores to any person/organisation including the Buyer or any Department of central Govt. or any Department of the State Government or any Statutory undertaking of the Central or state Government as the case ma y be at a price lower than the price chargeable under the contract, the shall forthwith notify such reductio n or sale or offer of sale to the Director general of Supplies & Disposals and the price payable under the co ntract for the stores of such reduction of sale or offer of the sale shall stand correspondingly reduced. The above stipulation will, however, not apply to:- 7.2.1 Exports by the Seller. 7.2.2 Sale of goods as original equipment at price lower than lower than the prices charged for normal replacement. 7.2.3 Sale of goods such as drugs which have expiry dates. 7.2.4 Sale of goods at lower price on or after the date of completion of sale/placement of the order of g oods by the authority concerned under the existing or previous Rate Contracts as also under any previous contracts entered into with the Central or State Govt. Depts, including their undertakings excluding joint s ector companies and/or private parties and bodies. 7.3 The Seller shall furnish the following certificate to the Paying Authority along with each bill for pa yment for supplies made against the Rate contract – “We certify that there has been no reduction in sale p rice of the stores of description identical to the stores supplied to the Government under the contract herei n and such stores have not been offered/sold by me/us to any person/organisation including the purchaser or any department of Central Government or any Department of a state Government or any Statutory Und ertaking of the Central or state Government as the case may be upto the date of bill/the date of completio n of supplies against all supply orders placed during the currency of the Rate Contract at price lower than t he price charged to the government under the contract except for quantity of stores categories under sub- clauses (a),(b) and (c) of sub-para (ii) above details of which are given below - ........”.
• 8.Risk & Expense Clause. 8.1 Should the stores or any installment thereof not be delivered within the time or times specified in the contract documents, or if defective delivery is made in respect of the stores or any installment thereof, the Buyer shall after granting the Seller 45 days to cure the breach, be at liberty, without prejudice to the right to recover liquidated damages as a remedy for breach of contract, to declare the contract as cancelle d either wholly or to the extent of such default. 8.2 Should the stores or any installment thereof not perform in accordance with the specifications / p arameters provided by the SELLER during the check proof tests to be done in the BUYER’s country, the BU YER shall be at liberty, without prejudice to any other remedies for breach of contract, to cancel the contra ct wholly or to the extent of such default. 8.3 In case of a material breach that was not remedied within 45 days, the BUYER shall, having given the right of first refusal to the SELLER be at liberty to purchase, manufacture, or procure from any other so urce as he thinks fit, other stores of the same or similar description to make good:- 8.3.1 Such default. 8.3.2 In the event of the contract being wholly determined the balance of the stores remaining to be de livered thereunder. 8.4 Any excess of the purchase price, cost of manufacturer, or value of any stores procured from any other supplier as the case may be, over the contract price appropriate to such default or balance shall be r ecoverable from the SELLER.
• 9.Force Majeure Clause. 9.1 Neither party shall bear responsibility for the complete or partial non- performance of any of its o bligations (except for failure to pay any sum which has become due on account of receipt of goods under t he provisions of the present contract), if the non-performance results from such Force Majeure circumstan ces as Flood, Fire, Earth Quake and other acts of God as well as War, Military operation, blockade, Acts or Actions of State Authorities or any other circumstances beyond the parties control that have arisen after th e conclusion of the present contract. 9.2 In such circumstances the time stipulated for the performance of an obligation under the present contract is extended correspondingly for the period of time of action of these circumstances and their cons equences. 9.3 The party for which it becomes impossible to meet obligations under this contract due to Force M ajeure conditions, is to notify in written form the other party of the beginning and cessation of the above ci rcumstances immediately, but in any case not later than 10 (Ten) days from the moment of their beginning . 9.4 Certificate of a Chamber of Commerce (Commerce and Industry) or other competent authority or organization of the respective country shall be a sufficient proof of commencement and cessation of the ab ove circumstances. 9.5 If the impossibility of complete or partial performance of an obligation lasts for more than 6 (six) months, either party hereto reserves the right to terminate the contract totally or partially upon giving prio r written notice of 30 (thirty) days to the other party of the intention to terminate without any liability othe r than reimbursement on the terms provided in the agreement for the goods received.
• 10.MQR: As per para ATC para 2
• 11.Export License. The Bidders are to confirm that they have requisite export license from their G overnment and Authorization from the manufacturing plant, in case they are not the OEM, to export the mi litary / non-military goods to India.
• 12.Earliest Acceptable Year of Manufacture. Quality / Life certificate will need to be enclosed wi th the Bill.
• 13.Buyer Furnished Equipment. The following equipment will be provided by the Buyer at h is expense to the Seller.
• 14.Quality. The quality of the stores delivered according to the present Contract shall correspond t o the technical conditions and standards valid for the deliveries of the same stores for in Seller’s country or specifications enumerated as per RFP and shall also include therein modification to the stores suggested b y the Buyer. Such modifications will be mutually agreed to. The Seller confirms that the stores to be suppli ed under this Contract shall be new i.e. not manufactured before (Year of Contract), and shall incorporate all the latest improvements and modifications thereto and spares of improved and modified equipment are backward integrated and interchangeable with same equipment supplied by the Seller in the past if any. T he Seller shall supply an interchangeability certificate along with the changed part numbers wherein it sho uld be mentioned that item would provide as much life as the original item.
• 15.Quality Assurance. After the work order is negotiated, the seller would be required to provide the stndard Acceptance Test Procedure (ATP). Buyer reserves the right to modify the ATP. Seller would be required to provide all test facilities at his premises for acceptance and inspection by Buyer. The item sho uld be of the latest manufacture, conforming to the current production standard and having 100% defined life at the time of delivery.
• 16.Inspection Authority. The Inspection will be carried out by ND, Karwar. The mode of Inspectio n will be Departmental Inspection. Items supplied will be taken on charge through joint muster of items by representatives of concerned department and Material Department.
• 17.Franking Clause. The following Franking clause will form part of the contract placed o n successful Bidder:- 17.1 Franking Clause in the case of Acceptance of Goods “The fact that the goods have been inspecte d after the delivery period and passed by the Inspecting Officer will not have the effect of keeping the cont ract alive. The goods are being passed without prejudice to the rights of the Buyer under the terms and co nditions of the contract”. 17.2 Franking Clause in the case of Rejection of Goods “The fact that the goods have been inspected a fter the delivery period and rejected by the Inspecting Officer will not bind the Buyer in any manner. The g oods are being rejected without prejudice to the rights of the Buyer under the terms and conditions of the c ontract.”
• 18.Claim: The following Claims clause will form part of the contract placed on successful Bidder:- 18.1 The claims may be presented either: 18.1.1 On quantity of the stores, where the quantity does not correspond to the quantity shown in the Pa cking List/Insufficiency in packing, or 18.1.2 On quality of the stores, where quality does not correspond to the quality mentioned in the contra ct. 18.2 The quantity claims for deficiency of quantity shall be presented within 45 days of completion of J RI and acceptance of goods. The quantity claim shall be submitted to the Seller as per Form DPM-22 (Avail able in MoD website and can be given on request). 18.3 The quality claims for defects or deficiencies in quality noticed during the JRI shall be presented within 45 days of completion of JRI and acceptance of goods. Quality claims shall be presented for defects or deficiencies in quality noticed during warranty period earliest but not later than 45 days after expiry of t he guarantee period. The quality claims shall be submitted to the Seller as per Form DPM-23 (Available in MoD website and can be given on request). 18.4 The description and quantity of the stores are to be furnished to the Seller along with concrete re asons for making the claims. Copies of all the justifying documents shall be enclosed to the presented clai
• m.The Seller will settle the claims within 45 days from the date of the receipt of the claim at the Seller’s of fice, subject to acceptance of the claim by the Seller. In case no response is received during this period the claim will be deemed to have been accepted. 18.5 The Seller shall collect the defective or rejected goods from the location nominated by the Buyer and deliver the repaired or replaced goods at the same location under Seller’s arrangement. 18.6 Claims may also be settled by reduction of cost of goods under claim from submitted by the Selle r or payment of claim amount by Seller through demand draft drawn on an Indian Bank, in favour of Princi pal Controller/Controller of Defence Accounts concerned. 18.7 The quality claims will be raised solely by the Buyer and without any certification/countersignatu re by the Seller’s representative stationed in India.
• 19.Warranty. The following warranty will form part of the contract placed on the successful bidder:- 19.1 Except as otherwise provided in the invitation tender, the Seller hereby declares that the goods, stores articles sold/supplied to the Buyer under this contract shall be of the best quality and workmanship and new in all respects and shall be strictly in accordance with the specification and particulars contained i n contract. The Seller hereby guarantees that the said services would continue to conform to the descriptio n and quality aforesaid for a period of 06 months and the said goods stores/articles would continue to conf orm to the description and quality aforesaid for a period of 12 months from the date of delivery of the said goods stores/articles to the Buyer and that notwithstanding the fact that the Buyer may have inspected an d/or approved the said goods/stores/articles, if during the aforesaid period of 06/12 months the said goods/ stores/articles be discovered not to conform to the description and quality aforesaid not giving satisfactory performance or have deteriorated, and the decision of the Buyer in that behalf shall be final and binding on the Seller and the Buyer shall be entitled to call upon the Seller to rectify the services/ goods/stores/article s or such portion thereof as is found to be defective by the Buyer within a period of 21 days, or such specifi ed period as may be allowed by the Buyer in his discretion on application made thereof by the Seller, and i n such an event, the above period shall apply to the services/ goods/stores/articles rectified from the date of rectification mentioned in warranty thereof, otherwise the Seller shall pay to the Buyer such compensati on as may arise by reason of the breach of the warranty therein contained. 19.2 Guarantee that they will supply spare parts, if and when required on agreed basis for an agreed p rice. The agreed basis could be and including but without any limitation an agreed discount on the publish ed catalogue or an agreed percentage of profit on the landed cost. 19.3 Warranty to the effect that before going out of production for the spare parts they will give adequ ate advance notice to the Buyer of the equipment so that the latter may undertake the balance of the life ti me requirements. 19.4 Warranty to the effect that they will make available the blue prints of drawings of the spares if an d when required in connection with the main equipment.
• 20.Bid securing declaration. Bidders are required to sign a bid securing declaration accepting tha t if they withdraw or modify their bids during the period of validity, or if they are awarded the contrac t and they fail to sing the contract, or to submit performance security before the deadline define in th e request for bids documents, they will be suspended for a period of 06 months form being eligible to sub mit bids for contracts with ND, Karwar. .