INSERT DNMG 150612

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 25% of the contracted quantity during the currency of the contract at the contracted rates. The delivery period of quantity shall commence from the last date of original delivery order and in cases where option clause is exercised during the extended delivery period the additional time shall commence from the last date of extended delivery period. The additional delivery time shall be (Increased quantity ÷ Original quantity) × Original delivery period (in days), subject to minimum of 30 days. If the original delivery period is less than 30 days, the additional time equals the original delivery period. The Purchaser may extend this calculated delivery duration up to the original delivery period while exercising the option clause. Bidders must comply with these terms.

• 2.Purchase Preference (Centre) Purchase preference to Micro and Small Enterprises (MSEs): Purchase preference will be given to MSEs as defined in Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small and Medium Enterprises and its subsequent Orders/Notifications issued by concerned Ministry. If the bidder wants to avail the Purchase preference, the bidder must be the manufacturer of the offered product in case of bid for supply of goods. Traders are excluded from the purview of Public Procurement Policy for Micro and Small Enterprises. In respect of bid for Services, the bidder must be the Service provider of the offered Service. Relevant documentary evidence in this regard shall be uploaded along with the bid in respect of the offered product or service. If L-1 is not an MSE and MSE Seller (s) has/have quoted price within L-1+ 15% of margin of purchase preference /price band defined in relevant policy, such Seller shall be given opportunity to match L-1 price and contract will be awarded for percentage of 25% of total value.

Buyer Added text based ATC clauses

• 1.Nomenclature of item- INSERT DNMG 15 06 12-QM 4405/M5, TP1501/RN-KCPK05/TM-T9205 MAKE-SANDVIK/SECO/KENNAMETAL/TUNGALOY.
• 2.The following Pre- qualification criteria will be followed by participating firms -
• (i)Only OEM or OEM authorized dealer of make mentioned in nomenclature of item can participate in the tender.
• (ii)Participating firms shall produce the documentary evidence (Authorization certificate) in support of OE M /OEM authorized dealer along with technical bid. The credentials of bidder may be verified, if required.
• 3.Tender specification- Firm will quote & supply as per Tend er specification.Any deviation from TE sp ecification, offer may be ignored. No conditional offer will be accepted. Firm will comply all the points of Annexure OFC/20260783 and submit the documentary evidence in support of these p oints. In case of Non-compliance /non-submission of any documents, offer may be ignored.
• 4.Earnest Money Deposit (EMD)– Rs 40,535.00 along with technical bid in form of Fixed Deposit Recei pt or Bank Guarantee from any of the commercial banks in favor of Ordnance Factory Kanpur. The bidder seeking EMD exemption, must submit the valid supporting document for the relevan t category as per GeM ATC with the bid. Under MSE category, only manufacturers for goods an d Service Providers for Services are eligible for exemption from EMD. Trad ers are excluded fro m the purview of this Policy.
• 5.Performance security deposit (PSD)- 05% of the contract value if contract value is more than 10 La khs. PSD may furnish in form of Fixed Deposit Receipt/ Bank Guarantee from a Commercial Ban
• k.It should be drawn in favor of Ordnance Factory Kanpur. Performance Security is to be furnis hed by a specified date (generally 30 days after notification of the award) and it should remain valid for a period of 60 days beyond the date of completion of all contractual obligations of the supplier, including warranty obligations, if any.
• 6.RFI (Request for information)-
• i.Participating firms will submit required conclusive documents along with technical bids. Purcha ser may not ask any deficient document for clarification through RFI. In case of non-co mpliance/non submission of any documents offer may be ignored. ii. During evaluation and comparison of bids, the purchaser may, at his discretion, ask the bidder f or clarifications on the bid. The request for clarification shall be given asking the tende rer to respond by a specified date. If the tenderer does not comply or respond by the d ate, his tender will be liable to be rejected. Depending on the outcome, such tenders ar e to be ignored or considered further. The shortfall information/ documents should be s ought only in case of historical documents which pre- existed at the time of the tender opening and which have not undergone change since then. So far as the submission of documents is concerned with regard to qualification criteria, after submission of the ten der, only related shortfall documents should be asked for and considered. For example, if the bidder has submitted a supply order without its acceptance/ performance certific ate, the certificate can be asked for and considered. However, no new supply order sha ll be asked for so as to qualify the bidder. iii. Please note that participating firms cannot change its originally submitted technical offer durin g technical bid in RFI, if clarification asked. Firm will submit the clarification only with re spect to originally offered product. Change in originally offered technical specification s hall not be permitted and considered for technical evaluation.
• 7.Option clause – 25 % Applicable
• 8.Liquidated damages- The standard Liquidated Damages percentage is 0.5% per week (or part there of) of the prices of any stores/ service which the contractor has failed to deliver withi n the original delivery period specified in the contract. The ceiling of LD is 10%.
• 9.Ground rent- If the material supplied by the vendors is rejected at the factory premises, the vendor is required to lift the rejected material within 30 days of issue of rejection I-Note. Factories hav e right to recover a charge for the storage space at @1% of the cost of material un-cleared, per week or part thereof, with maximum ceiling of 10% of value of the items. After lapse of 10 wee ks, if it is found that firm has not taken any action for lifting of items, the goods may be confisc ated and disposed off as per disposal procedure in vogue after sending a notice and giving 30 working days time to the firm. Ground rent shall be calculated from the date of expiry of the pe riod of removal of item. No ground rent should be charged from Central/State Govt/Central PSU
• s.When the firm fails to pay the applicable ground rent within the prescribed period, factory is entitled to recover the ground rent due and all incidental expenses from EMD/PSD.
• 10.Inspection- After receipt of material, CGM/ Ordnance Factory Kanpur or his auth. rep (Board of Offic er).
• 11.Firms Offer should be based on FOR basis. The delivery destination is Ordnance Factory, Kanpur (O FC), otherwise offer is liable to be rejected. Unloading of goods at OFC will be done by supplier. The stores should be properly packed for tropical storage and for transport by rail, road, sea or air so as to ensure and to protect them against loss, damage, corrosion in transit on arrival at t heir destination. The packing and marking of packages shall be done by and at the expense of the seller.
• 12.Guarantee/warrantee clause- Warranty period of the supplied products shall be one year from the d ate of final acceptance of goods at consignee location. Warranty certificate must be submitted by successful bidders at the time of delivery.Any defective stores shall be repaired /replaced to the satisfaction of the consignee or replaced at his premises free of cost immediately on notice . The buyer reserves the right to inspect the stores on receipt and discrepancy or defects found shall be reported to the Seller within a period specified in the contract and the seller shall rectif y the same within a period specified in the contract on receiving the intimation.
• 13.Cancellation of supply order – CGM/OFC reserves the right to cancel the supply order after expiry of original delivery period without any intimation. All dispute arising out of any contract/ order pla ced as a result of this tender shall be referred to the sole arbitrator of the CMD/ Advance Weap ons & Equipment India Ltd Kanpur or any officer appointed by him.
• 14.Payments terms- The standard payment terms shall be 100% payment against Seller’s bill by Acco unt transfer through NEFT/RTGS only for accepted materials within 30 days from the date of rec eipt of material or submission of bills/documents, whichever is later.
• 15.Acceptance of Goods - Material on arrival at Buyer’s premises will be inspected by Inspection Depa rtment (QC/QA) as per appropriate Quality Assurance Plan /user trail basis/visual inspection/test certificate provided by suppliers and their decision in the this matter will be final. The test ce rtificate and relevant supporting documents should be sent along with the consignment by sup plier.
• 16.Award of contact - Contract shall be awarded to the successful bidder whose bid has been determi ned to be substantially responsive, the lowest evaluated bid, technically & financially acceptab le, and successful in type approval/validation tests (where applicable) done by the purchaser. The purchaser reserves the right to negotiation against price quoted by any bidder.
• 17.GST Details– Bidders are advised to check applicable GST on their own before quoting. Buyer will n ot take any responsibility in this regards. GST reimbursement will be as per actuals or as per a pplicable rates (whichever is lower), subject to the maximum of quoted GST%. Bidders will indic ate GST Registration Number. Bidders must provide a copy of GST Registration Certificate and i ndicate the HSN code of the item, if applicable. Bidders must submit Invoice with due registrati on number of GST along with delivery challan at the time of delivery. Material will not be allowed inside the factory without invoice. If bidders fails to make the payment of the GST as c harged in the invoice or file the return for the corresponding period of supplies made to factory . In such cases of any default, factory shell not make payment of GST component and reserve t he right to withhold entire payment and will recover the interest and fine levied by the GST aut horities, if any, due to default made by the bidders. To claim the GST component from factory s upplier must clear its mismatch if any in invoice filed in the GSTR-1 and submit a copy of GSTR- 3 filling Acknowledgement with the factory.
• 18.The purchaser will have right to delete the established firm who quote in CARTEL from the list of ap proved source, debar them from competing for a period decided by the purchaser which is firm and final.
• 19.Firms should quote for full tender quantity. Offers for quantity less than tendered quan tity will be c onsidered unresponsive and liable to be rejected, if CARTEL formation is suspected. The OFC, re serves the right to order any quantity on one or more firms. Wherever all or most of the approv ed firms quote equal rates in CARTEL, the purchaser will have right to place order on any one o r more firms with exclusion of rest. The selection of firms for placement of order would be base d on a pre-determined ranking of the firms. The price quoted by participating firms this tender should be firm and fixed.
• 20.Arbitration Clause-
• (i)All disputes or differences arising out of or in connection with the present contract including the one co nnected with the validity of the present contract or any part thereof, should be settled by bilateral discuss ions.
• (ii)Any disputes or differences arising out of or in any way touching or concerning this agreement (except those for which specific provision has been made therein) shall be referred to Sole arbitrator to be appoin ted by the CMD, AWEIL, Ordnance Factory Kanpur, Kalpi Road, Kanpur– 208 009 with the mutual consent of the parties. The Arbitrator so appointed shall be a Government Servant / Ex Government Servant (with mutual consent) who had not dealt with matter to which this agreement relates and in course of his dutie s had not expressed views on all or any of the matter in dispute or differences. The Award of Sole Arbitrat or shall be final and binding on the parties. Further, the arbitration proceedings would be subject to the pr ovisions of Arbitration and Reconciliation Act 1996 (Amended in 2015) and the rule thereon and the guidel ine issued by the Government of India in this regard.
• (iii)The venue of the arbitration shall be at place of concerned Factory.
• 21.Except with written consent of the buyer, the participating bidders shall not disclose any technical s pecifications, plan, drawings, patterns, or information thereof, to any third party, unless the sa me is already available in public domain.
• 22.Ordnance Factory, Kanpur is an ISO: 14001 certified company and all its vendors are advised not to indulge in any practice which pollutes the environment at the time of delivery of stores. .