Buyer Added text based ATC clauses PART I – GENERAL INFORMATION AND INSTRUCTION FOR BIDDERS Part I of the Bid Document contains general information and instructions about the Bi d Document such as the date, time, place of submission and opening of bids, validity period of tenders, etc. 1.1 The CGM/HEF (The Buyer), issued this Custom Bid as open tender enqui ry on GeM Portal Invites Bids, on Two Bid basis, from all the vendors for sup ply of “Dimethyl Aniline” of qty. 47 MT + 50% OC. 1.2. The pre-qualification/ eligibility criteria, if any has been prescribed by the Buyer, shall be indicated under this paragraph as sub-paragraphs (i), (ii), (xii), if none has b een indicated under this paragraph, the TE shall be open to any bidder desirous of pa rticipating in the tender. Submission of following documents for pre-qualificati on/ eligibility criteria is mandatory, failing which offer will be rejected.
- a)Submit PAN copy,
- b)Submit GST regn. Copy
- c)Submit EMD/EMD exemption cert.
- d)Submit balance sheet of last 3 years
- e)Submit profit and loss statement of last 3 years.
- f)Submit of Income tax return of last 3 years.
- g)Following documents are desirable, though not mandatory.
- a)Proof of last supplies of similar items.
- h)MSEs manufacturing certificate for exemption of EMD & getting purchase preferenc e to MSEs.
- i)Bid specific MII (Make in India) declaration Certificate mentioning Class-I/Class-II.
- j)HEF Compliance statement (part VI) & HEF Specification copy (part II) duly stamped & signed.
- k)Submit OEM certificate if firms are not a manufacturing firm of the subject store along with bid specific MII declaration of their OEM Bidders shall be solely responsible for ensuring timely submission of their sealed Bid s (and their related final instruments & documents) by the specified date & time, and in the manner prescribed in the TE. If due to any exigency, the due date for Tender o pening is declared as a closed holiday, the Tender opening will be held on the next w orking day at the same time or on any other day/time, as intimated by the Buyer. Sh ould it so become necessary for the Buyer to extend the Tender opening date, such e xtended date shall be duly intimated/notified. 1.3 In the GeM (Custom Bid) various procurement activities are performed online. Th e contact details of Buyer are as follows- Name: Chief General Manager, High Explosives Factory, Khadki, Pune. Email: hefpv@ord.gov.in Address: HIGH EXPLOSIVES FACTORY, KHADKI, PUNE, MAHARASHTR A (INDIA)-411003 Telephone: 020 2532 2412/2413/2414 Fax: (020) 25813204 1.4 Submission of Earnest Money Deposit (EMD)- Applicable. Submission of Earnest Money Deposit (EMD)- is an essential requirement to be fulfilled. Bids not acc ompanied by the EMD specified in the TE shall be treated as invalid Bids. In the insta nt TE Bidders are required to submit along with their Bids, EMD for an amount equ al to –Rs. 399312/- in the prescribed form (refer to Part III of the TE). The EMD sh all be in favour of Munitions India Limited _High Explosives Factory, Pa yable at Khadki, Pune. 1.5 Earnest Money Deposit is to be obtained from the bidders except Micro and Small Enterprises (MSEs) as a manufacturer having UAM number as defined in MSE Procure ment Policy issued by Department of Micro, Small and Medium Enterprises (MSME) or are registered with the Central Purchase Organization or the concerned Ministry or D epartment (including OFs) or Startups as recognized by Department of Industrial Policy and Promotion (DIPP), irrespective of the store for which they are registered. E MD is also not required from Central PSUs. The bidders should be asked to furnish EM D along with their bids. The EMD may be accepted in the form of Account Payee Demand Draft, Fixed Deposi t Receipt, Banker's Cheque or Bank Guarantee from any of the commercial banks or payment online in an acceptable form. The EMD is normally valid for a period of forty-five days beyond the final bid validity period. EMDs of the unsuccessful bidders should be returned to them at the earliest after ex piry of the final bid validity and latest on or before the 30th day after the award of th e contract. Bidders requiring clarifications on the contents of the TE may request the Buyer throu gh GeM Portal (so as to reach the Buyer not later than fourteen days prior to the date of Tender opening) bringing out unambiguously the specific clarifications needed. 1.6 The Bid is called for on Two Bids basis, the Bids shall comprise of two parts, nam ely (i) Technical Bid, and (ii) Financial/ Commercial Bid. 1.7 Bids cannot be modified after the Bid submission deadline. Similarly, after the Bi d submission deadline, Bids cannot be withdrawn till expiry of the Bid validity. 1.8 In Two-bid system, only the Technical Bids will be opened on the specified Tende r opening date and time. Financial Bids of only those firms will be opened, whose Tec hnical Bids are found technically compliant/ suitable on Technical Evaluation by the B uyer. Date of opening of the Financial Bids shall be separately intimated after evalua tion of the Technical Bids. 1.9 During evaluation of Bids, the Buyer may, if so required, ask the Bidder (s) for cla rification on the Bid submitted. The request for such clarification shall be through Ge M Portal. The clarification furnished by the Bidder should not result in any change in p rices or substance of the Bid nor will the same be permitted. 1.10 Canvassing in any form by the Bidder, unsolicited letter and post-bid amendme nt/modifications/ corrections shall attract summary rejection of the Bid with forfeiture of EMD. **1.11 Bidder should comply with all the Parts of this TE and confirm acceptance of a ll the clauses of Part II, Part III, Part IV and Part V of the TE, which shall automatically be part of the co nsequent contract with the successful Bidder (s) (i.e. Seller in the consequent contrac t). Failure to confirm acceptance to the clauses mentioned under Part II, Part III, Part I V and Part V of the TE may result in rejection of the Bid submitted by the Bidder. Con ditional Bids shall be treated as invalid and rejected. In the manual system, the bidd er should sign on each page of the tender document. **To this effect all bidders are requested to comply the conditions and com ment ‘Yes’ or ‘No’ in the space provided in Compliance Statement (Part VI). A duly signed and stamped copy of Compliance Statement to be uploaded i nter alia other documents as mentioned in Clause No. 1.2 above. Non-sub mission of any of the document(s) may results in disqualification of bidder at technical stage. 1.12 The Buyer reserves the right to reject/cancel/scrap the Bid Document or change the quantity of tendered item(s) without notifying any reason whatsoever. 1.13 In case of any dispute, the decision of the Buyer shall be final and binding on all participants in the tender. 1.14 Bidders have to submit their bids through GeM portal only. Bids submitted by a ny other mode shall be treated as invalid. 1.15. Validity of Bid: As per GeM bid document. (Mention in GeM bid document) PART II – ESSENTIAL DETAILS OF STORES REQUIRED BY THE BUYER Part II of the GeM bid contains essential details of the Stores/ Services required, such as the Sched ule of Requirements, Technical Specifications, Delivery Period, Mode of Delivery, Consignee details , etc. 2.1. The Schedule of Requirements, duly indicating the Stores/ Services required, is given below: Sl. N
- o.Nomenclatu re of the Stores/ Serv ice Specification of the Store/Descriptio n of the Service Quantity Required
- 1.DIMETHYL A NILINE To Specification JSS.6810-85-2022 (Revision No.3) (Latest issue). 47 MT + 50% OC. 2.2 Option Clause: Applicable, Increase or decrease the qty. to be ordered up to 50 percent of bid qty. at the time of placement of contract. Also Increase the ordered qty. by upto 50% of the co ntracted qty. during the currency of the contract at the contracted rates. (As per GeM Rules) 2.3. Technical details of the stores/ service required are given below. Specifications/drawings details or Type of Service required: Copy of specification should be obtained from: -QCP & QA&P/HEF 2.4. Distribution of bid qty.: Applicable. 60:40 between L1 & L2, on denial of L1 rate b y L2 firm, the quantity of L2 will be offered to L3, L4, L5, …... firms sequentially. In cas e of denial by L2, L3, L4…., the fully quantity shall be loaded on L1 firm subject to L1 f irm has quoted for the full qty. 2.5. The Bidders shall furnish along with their Technical Bid a clause-by-clause Compliance State ment bringing out the compliance (without disclosing the price) of their offer to the TE specificatio ns and duly indicating unambiguously the deviations, if any. The detailed Compliance Statement s hall be provided in the format attached herewith. 2.6. Delivery period for supply of the Stores/ Services shall be 270 Days or as per HEF d elivery schedule from the effective date of the consequent Contract placed on the successful Bidder. The mode/ terms of delivery shall be F.O.R HEF. Reckoning the date of delivery on the basi s of the mode/ terms of delivery shall be as given below. 2.7. Delivery Schedule: @ 10 MT per month or as per HEF requirement. Delivery schedu le will be distributed as per qty. distribution. staggered deliveries (where applicable) require d in the TE is given below. In TE with staggered deliveries, the Buyer shall clearly specify here und er as to whether the consequent Contract will be an “Entire Contract” or a “Severable Contract”. If nothing is specified, the consequent Contract shall be an “Entire Contract. Sl. No Quantity to be Delivered Date of Delivery/ Deliver y period Remarks/ Special Instruct ions for Delivery 2.8. (a) Inspection Authority in the consequent Contract shall be CGM/HEF or Authorize d Rep. The mode of Inspection applicable in the consequent Contract shall be (Buyers Inspection). The Inspection applicable in the consequent Contract shall be Buyer Receipt Inspection). CGM/HEF Shall be the Inspection Officer. The firm should furnish the test report of chemical and physical par ameters of raw materials used for manufacture of components, fabricated stores, tools and gauge s along with chalan. The instruments used for carrying out test as above shall have national tracea bility and evidence of the same will be furnished in the certificate.
- (b)Place of Inspection: - High Explosives Factory, Khadki, Pune-411003.
- (c)Pre Dispatch Inspection: - Not Applicable. 2.9. The mode/ terms of delivery required in the bid enquiry is F.O.R. HEF to enable equitable co mparison of Bids received against the TE, it is necessary that the Bidders quote as per the mode/ t erms of delivery specified in the TE. 2.10. The FAS, FOB & CIF terms of delivery are applicable only for Stores directly imported from fo reign countries against the consequent Contract and not for imports by the Seller under its own arrangement. The CIP terms of delivery are applicable both for domestic as well as imported suppl ies. 2.11. Special instructions on consignee details & other special conditions pertaining to shipment, t ransportation, etc., if any applicable under this TE, shall be as indicated hereunder.
- a)Consignee details: THE GENERAL MANAGER HIGH EXPLOSIVES FACTORY KHADKI, PUNE 003 Phone No. : 020-25819566/67 Fax No. : 020-25813204 Email : hef.ofb@nic.in / hefpv.ofb@ nic.in
- b)Packing instructions: …………………………………………………….
- c)Shipment/ Transportation instructions: …………………………………………………….
- d)Other Special instructions, if any: ……………………………………………………. 2.12. Liquidated Damages: - The Standard Liquidated Damages percentage is 0.5% per week ( or part thereof) of the prices of any stores/ service which the contractor has failed to deliver within the delivery period specified in the contract. There should also be an appropriate maximum limit o f such deduction, to be shown as a specific percentage of the contract value of delayed supplies/ s ervices and incorporated in the contract terms. The ceiling of LD is 10%. Liquidated Damages are to be calculated on the basic cost (excluding taxes & duties) as per MoD O.M No. 8(8)/O2P/2018 d ated 06.08.2018 or any revision thereof. 2.13. Price variation clause : NOT APPLICABLE, PRICE IS FIRM & FIXED. 2.14 Mode of Payment: 100% payment will be made within 30 days after receipt, inspe ction, acceptance of material at HEF & submitting all the required documents. 2.15. Extension of contracted delivery period due to reasons attributable to the Seller of the cons equent Contract shall be at the sole discretion of the Buyer, with applicability of Liquidated Damag es (LD) clause as mentioned in Part III. 2.16 Tenderer should quote rates on F.O.R. HEF basis and also clearly indicate total bas ic rate (inclusive of all elements such as transportation charges, Govt. Taxes such as G ST etc.). Any separate display of Transportation / packing charges etc will be ignored. 2.17. Price bids will be opened only for technically qualified firms. 2.18 Apportionment of qty .: Applicable. Refer clause no. 2.4 of part-II 2.19. Pre inspection report & Guarantee/warrantee report must be submitted by the su pplier, along with bulk supply/ tender sample. 2.20. Product quality supplied by the firm should meet all the requirement laid down in Specificati on/ drawing. If not meeting, supplier has to replace the consignment. 2.21. Reverse Auction (RA): Applicable as per GeM Policy, (Elimination of H1 bidder) 2.22. Firm should submit quality plan of the item along with quotation. 2.23. Deviations if any must be mentioned in the technical bid itself. Any such mention in financial bid will lead to rejection of bid without any communication. 2.24 In the event where re-testing / re-sampling at Firm’s premises is warranted on account of fail ure in the 1st (First) time inspection sampling, HEF will recover suitable amount towards TA/ DA of the inspection team from the vendor 2.25 . Public Procurement (Preference to Make in India), Order 2017: Applica ble 2.26 Public Procurement for MSEs, Order 2012: Applicable 2.27 Performance Security Deposit(PSD): Applicable, 5% of the total S O value 2.28. In case conflict between Apportionment clause, Public Procurement (Preference to Make in India) Order 2017 clause & Public Procurement for MSEs Order 2012 clause, the order of preference will be,
- 1.Public Procurement for MSEs Order 2012 clause.
- 2.Public Procurement (Preference to Make in India) Order 2017 clause
- 3.Apportionment clause 2.29. Reverse Auction (RA): Applicable as per GeM Policy, (Elimination of H1 bidder ) 2.30 Quantity Tolerance: Normally no quantity variation in the supplies under the consequent Contract shall be permitted. However, in justified cases, such excess/ sh ort supplies may be accepted by the Buyer, subject to the value of such excess/ short supplies not exceeding five percent of the original value of the contract, and the pa yment being admitted only for the actually quantity supplied. 2.31 Common IP Address: - Bidders may please note that GeM is capturing and sh owing the IP address used by the buyer and the bidder(s)/Seller(s).The received bids matching/common IP address with either Bidders(s)/Seller(s) or Buyer, shall be outrig htly rejected & shall not be considered for further evaluation. 2.32 Special Terms and conditions: 1.Firm has to submit pre-inspection report & guarantee/warranty cert. along with bulk supply. 2.Other term and conditions as per MIL Store Procurement Manual 2023 available at www.munitio nsindia.in. 3.Inspection of the store will be carried out as per QMI of input materials. (If applicable). 4.The seller must submit the raw material test reports from NABL Accredited Laboratories with NA BL LOGO on the test reports certificates/Govt. Lab report.
- 5.The firm should submit OEM certificate if they are not a manufacturing firm of the su bject store along with bid specific MII declaration of their OEM. 6.Vendor must submit compliance w.r.t. MII class & upload MSE document to claim MSE firm benef it.
- 7.There should not be more than one bid per bidder (including closely related sister concern as de fined in GeM GTC)
- 8.Firm has to submit full set of GST certificate along with proprietor/promoter/Director details. 9.Quality Monitoring Instruction for inspection procedure will be uploaded along with TE. (if applic able) 10.Firm must submit the duly filled signed and stamped compliance statement along wi th bid documents. 11.Firm has to submit the GSTR details along with contractor bill/invoices for release of payment.
- 12.In the event where retesting/resampling at firm premises is warranted in account of failure, th e expenditure for retesting/resampling will be borne by seller.
- 13.Firm should select MSE option and upload Udyam registration certificate to gain MSE purchase preference.
- 14.In case conflict between Apportionment clause, Public Procurement (Preference to Make in Indi
- a)Order 2017 clause & Public Procurement for MSEs Order 2012 clause, the order of preference wi ll be,
- 1.Public Procurement for MSEs Order 2012 clause.
- 2.Public Procurement (Preference to Make in India) Order 2017 clause
- 3.Apportionment clause
- 15.Common IP Address: - Bidders may please note that GeM is capturing and showing the IP a ddress used by the buyer and the bidder(s)/Seller(s).The received bids matching/common IP addre ss with either Bidders(s)/Seller(s) or Buyer, shall be outrightly rejected & shall not be considered fo r further evaluation. .