Construction Of Asphalt Base For Outdoor Volleyball Court, 10 Layer Acrylic Surface, LED Lighting Installation, Volleyball Court Accessories, Chain Link Wire Mesh, Volleyball Score Board With Stand…

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 50 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 50% 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.

Bidder shall submit the following documents along with their bid for Vendor Code Creation:

• a.Copy of PAN Card.
• b.Copy of GSTIN.
• c.Copy of Cancelled Cheque.
• d.Copy of EFT Mandate duly certified by Bank.

Bidder financial standing: The bidder should not be under liquidation, court receivership or similar proceedings, should not be bankrupt. Bidder to upload undertaking to this effect with bid.

Scope of supply (Bid price to include all cost components) : Supply Installation Testing and Commissioning of Goods

Escalation Matrix For Service Support : Bidder/OEM must provide Escalation Matrix of Telephone Numbers for Service Support.

Warranty period of the supplied products shall be 3 years from the date of final acceptance of goods or after completion of installation, commissioning & testing of goods (if included in the scope of supply), at consignee location. OEM Warranty certificates must be submitted by Successful Bidder at the time of delivery of Goods. The seller should guarantee the rectification of goods in case of any break down during the guarantee period. Seller should have well established Installation, Commissioning, Training, Troubleshooting and Maintenance Service group in INDIA for attending the after sales service. Details of Service Centres near consignee destinations are to be uploaded along with the bid.

Buyer Added text based ATC clauses

• 1.Past Performance. As per Army Sports Control Board, Dte Gen of Military Training (MT-8), General Staff Branch, Integrated Headquarters of MoD (Army), New Delhi -110011 letter of 10 Apr 2018, only ven dors registered/ having working experience with Sports Authority of India/ State Sports Autho rity/ other equivalent sports authorities would be considered for award of contract for SAG project an d thus only such vendors will be eligible to participate in the bid. The bidders is required to upload docum ents in support of meeting the above criteria.
• 2.Delivery Period - Delivery and complete installation of items listed in the bill of material would be completed at 529 ASC Bn location within 60 days from the effective date of placing the supply order. Pleas e note that contact can be cancelled unilaterally by the Buyer in case items are not received within the con tracted delivery period. Extension of contracted delivery period will be at the sole discretion of the Buyer, with applicability of LD clause. Consignee Details : Project Officer 529 ASC Bn PIN-905529 c/o 56 APO
• 3.Liquidated Damages. In the event of the Seller's failure to submit the Bonds, Guarantees and Do cuments, supply the stores/goods, failure to complete the project under specified condition & requirement s as specified in this contract, the Buyer may, at his discretion, withhold any payment until the completion of the contract. 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.
• 4.Termination of Contract. The Buyer shall have the right to terminate this Contract in part or in f ull in any of the following cases:-
• (a)The delivery of the material is delayed for causes not attributable to Force Majeure for mor e than two months after the scheduled date of delivery.
• (b)The Seller is declared bankrupt or becomes insolvent.
• (c)The delivery of Material due to causes of Force Majeure by more than two months provid ed force Majeure clause is included in the contract.
• (d)The Buyer has noticed that the Seller has utilized the services of any Indian/Foreign agent in g etting this contract and paid any commission to such individual/company etc.
• 5.Notices. Any notice required or permitted by the contract shall be written in the English language 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. 6 . Transfer and Sub-letting. The Seller has no right to give, bargain, sell, assign or sublet or other wise dispose of the Contract or any part thereof, as well as to give or to let a third party take benefit or adv antage of the present Contract or any part thereof.
• 7.Amendments. No provision of present Contract shall be changed or modified in any way (includin g this provision) either in whole or in part except by an instrument in writing made after the date of this C ontract and signed on behalf of both the parties and which expressly states to amend the present Contract .
• 8.Taxes and Duties:-
• (a)Bidder must indicate separately the relevant taxes/duties likely to be paid in connection wit h delivery of completed goods specified in RFP. In absence of this, the total cost quoted by them in their bids will be taken into acct in the ranking of bids.
• (b)If a bidder is exempted from payment of any GST/duty/tax upto any value of supplies from t hem, he should clearly state that no such GST/duty/tax will be charged by them upto the limit of exemp tion which they may have. If any concession is available in regard to rate/quantum of any GST/duty/tax, it should be brought out clearly. In such cases, relevant certificate will be issued by the buyer later to enable the seller to obtain exemption from taxation authorities.
• (c)Any changes in levies, taxes and duties levied by central /state/local government such as e xcise duty, GST, VAT, Services tax, Octroi /entry tax, etc on final product upward as a result of any statutor y variation taking place within contract period shall be allowed reimbursement by the buyer, to the extent of actual quantum of such GST/duty/tax paid by the seller. Similarly, in case of downward revision in any s uch GST/duty/tax, the actual quantum of reduction of such GST/duty/tax shall be reimbursed to the buyer by the seller. All such adjustments shall include all reliefs, exemptions, rebates, concession etc, if any, obt ained by the seller. Section 64-A of Sales of Goods Act will be relevant in this situation.
• (d)Levies, taxes and duties levied by Central/State/Local governments such as excise duty, GS T,VAT, Service tax, Octroi/entry tax, etc on final product will be paid by the Buyer on actual, based on rel evant documentary evidence. Taxes and duties on input items will not be paid by the buyer and they may not be indicated separately in the bids. Bidders are required to include the same in the pricing of their pro duct. Customs Duty.
• (a)For imported stores offered against forward delivery, the Bidder shall quote prices thereof e xclusive 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 Custo ms Tariff Number. Customs duty as actually paid will be reimbursed on production of necessary document s i.e (i) Triplicate copy of the bill of entry; (ii) copy of bill of landing ; (iii) a copy of foreign principal’s invoic
• e.However, if the Bidder imports the stores in question against his own commercial quota Licenses, he will also be required to submit in addition the triplicate copy of bills on entry etc, a certificate from his inte rnal auditor on the bill itself, to the effect that the following items/ quantity in the bill of entry related to th e store imported against Defence Buyer contract number dated.
• (b)Subsequent to the reimbursement of customs duty, the Bidder will submit to the concerned payment authority a certificate for the effect that he has not obtained any refund of customs duty subsequ ent to the payment of duty to the customs authority by him. In addition, he shall also submit to the payin g authority concerned a certificate immediately after a period of three months from the date of payment of the duty to customs authorities to the effect that he has not applied for refund of the customs duty subseq uent to the payment of duty to the customs authorities by him.
• (c)In case the Bidder obtains any refund of customs duty, subsequently to the payment of the same b y him to the customs authorities and reimbursement of the customs duty to him by the payment authority , he should forthwith furnish the details of the refund obtained and afford full credit of the same to the Buy er. Excise Duty.
• (a)Where the excise duty is payable on ad valorem basis, the Bidder should submit along with the tender, the relevant form and the Manufacturer’s price list showing the actual assessable value of the stores as approved by the excise authorities.
• (b)Bidders should note that in case any refund of excise duty is granted to them by excise aut horities in respect of Stores supplied under the Supply Order, they will pass on the credit to the Bu yer immediately along with a certificate that the credit so passed on relates to the Excise Duty, ori ginally paid for the stores supplied under the Supply Order. In case of their failure to do so, within 10 days of the issue of the excise duty refund orders to them by the Excise Authorities the Buyer w ould be empowered to deduct a sum equivalent to the amount refunded by the Excise Authorities without any further reference to them from any of their outstanding bills against the Supply Order or any other pending Government Supply Order and that no disputes on this account would be raised by them.
• (c)The Seller is also required to furnish to the Paying Authority the following certificates:-
• (i)Certificate with each bill to the effect that no refund has been obtained in respect of t he reimbursement of excise duty made to the Seller during three months immediately preceding t he date of the claim covered by the relevant bill.
• (ii)Certificate as to whether refunds have been obtained or applied for by them or n ot in the preceding financial year after the annual Audit of their accounts also indicating details of such refunds/applications, if any.
• (iii)A certificate along with the final payment bills of the Seller to the effect whethe r or not they have any pending appeal/protest for refund or partial refund of excise duties already reimbursed to the Seller by the Government pending with the excise authorities and if so, the natu re, the amount involved, and the position of such appeals.
• (iv)An undertaking to the effect that in case it is detected by the Government that a ny refund from Excise Authority was obtained by the Seller after obtaining reimbursement from the Payin g Authority, and if the same is not immediately refunded by the Seller to the Paying Authority giving details and particulars of the transactions, Paying Authority will have full authority to recover such amount s from the Seller’s outstanding bills against that particular Supply order or any other pending Government Supply Orders and that no dispute on this account would be raised by the Seller.
• (d)Unless otherwise specifically agreed to in terms of the contract, the Buyer shall not be liabl e for any claim on account of fresh imposition and/ or increase of excise duty on raw materials and/ or com ponents used directly in the manufacture of the contracted stores taking place during the pendency of the contract. GST.
• (a)If it is desired by the Bidder to ask for GST/ Other Taxes to be paid as extra, the same must be specifically stated. In the absence of any such stipulation in the bid, it will be presumed that the prices quoted by the Bidder are inclusive of sales tax and no liability of sales tax will be devolving upon th e Buyer
• (b)On the Bids quoting GST/ Other Taxes, the rate and the nature of Sales Tax applicable at the time o f supply should be shown separately. Sales tax will be paid to the Seller at the rate at which it is liable to b e assessed or has actually been assessed provided the transaction of sale is legally liable to sales tax and t he same is payable as per the terms of the contract. Octroi Duty & Local Taxes
• (a)Normally, materials to be supplied to Government Departments against Government Suppl y Orders are exempted from levy of town duty, Octroi Duty, Terminal Tax and other levies of local bodies. The local Town/Municipal Body regulations at times, however, provide for such Exemption only on producti on of such exemption certificate from any authorised officer. Seller should ensure that stores ordered ag ainst Supply Orders placed by this office are exempted from levy of Town Duty/Octroi Duty, Terminal Tax or other local taxes and duties. Wherever required, they should obtain the exemption certificate from the Buyer, to avoid payment of such local taxes or duties.
• (b)In case where the Municipality or other local body insists upon payment of these duties or taxes the same should be paid by the Seller to avoid delay in supplies and possible demurrage charges. The receipt obtained for such payment should be forwarded to the Buyer without delay together with a copy of the relevant act or bylaws/notifications of the Municipality of the local body concerned to enable him to take u p the question of refund with the concerned bodies if admissible under the said acts or rules.
• 9.Payment Terms for Indigenous Sellers. It will be mandatory for the Bidders to indicate their b ank account numbers and other relevant e-payment details so that payments could be made through ECS/ EFT mechanism instead of payment through cheques, wherever feasible 100% payment on delivery and ac ceptance by the user.
• 10.Advance Payments. No Advance payments will be made.
• 11.Paying Authority.
• (a)CDA (WC), Satwari, Jammu the payment of bills will be made on submission of the followin g documents by the Seller to the payment authority alongwith the bill :-
• (i)Ink-signed copy of contingent bill & Seller’s bill.
• (ii)Ink-signed copy of Commercial invoice/ Seller’s bill.
• (iii)Copy of Supply order/ Contract with U.O number and date of IFA’s concurrence, where required under delegation of powers.
• (iv)CRVs in duplicate.
• (v)Inspection note.
• (vi)Claim for statutory and other levies to be supported with requisite documents / pro of of payment such as excise duty challan, custom duty clearance certificate, octroi receip t, proof of payment for EPF/ESIC contribution with nominal roll of beneficiaries, etc as appli cable.
• (vii)Exemption certificate for excise duty/customs duty, if applicable.
• (viii)Bank guarantee for advance, if any
• (ix)Guarantee/Warranty certificate.
• (x)Performance Bank Guarantee/Indemnity bond where applicable.
• (xi)DP extension letter with CFA’s sanction, U.O. number and date of IFA’s Concurrence , where required under delegation of powers, indicating whether extension is with or witho ut LD.
• (xii)Details for electronic payment viz Account holder’s name, Bank name, Branch nam e and address, account type, Account number, IFSC code, MICR code (if these details are n ot incorporated in supply order/contract).
• (xiii)Any other document/certificate that may be provided for in the Supply Order/contra ct.
• (xiv)User Acceptance.
• (xv)Original copy of PBG.
• 12.Fall clause. The following fall clause will form part of the contract placed on successful Bidder:-
• (a)The price charged for the stores supplied under the contract by the seller shall in no event exceed the lowest prices at which the Seller sells the stores or offer to sell stores of identical descri ption to any persons/organization including the purchaser or any department of the central govern ment or any department of state government or any statutory undertaking the central or state gov ernment as the case may be during the period till performance of all supply orders placed during th e currency of the rate contract completed.
• (b)If at any time, during the said period the Seller reduces the sale price, sells or offer to sell s uch stores to any person/organization including the Buyer or any department of central Govt. or an y department of the state government or any statutory undertaking of the central or state governm ent as the case may be at a price lower than the price chargeable under the contract, they shall fo rthwith notify such reduction or sale or offer of sale to the Director General of Supplies & Disposals and the price payable under the contract 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:-
• (i)Exports by the Seller.
• (ii)Sale of goods as original equipment at price lower than the prices charged for norm al replacement.
• (iii)Sale of goods such as drugs which have expiry dates.
• (iv)Sale of goods at lower price on or after the date of completion of sale/placement of the order of goods by the authority concerned under the existing or previous Rate Contract s as also under any previous contracts entered into with the Central or State Govt. Depts i ncluding their undertakings excluding joint sector companies and/or private parties and bo dies.
• (c)The Seller shall furnish the following certificate to the Paying Authority along with each bill for payment for supplies made against the contract - “We certify that there has been no reduction in sale price of the stores of description identical to the stores supplied to the Government under t he contract herein and such stores have not been offered/sold by me/us to any person/ organisatio n including the purchaser or any department of Central Government or any Department of a state Government or any Statutory Undertaking of the Central or state Government as the case may be upto the date of bill/the date of completion of supplies against all supply orders placed during the c urrency of the Rate Contract at price lower than the price charged to the Government under the c ontract except for quantity of stores categories under sub-clauses (a), (b) and (c) of sub–Para (ii) a bove details of which are given below.
• 13.Risk & Expense Clause.
• (a)Should the stores or any installment thereof not be delivered within the time or times specif ied 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 liber ty, without prejudice to the right to recover liquidated damages as a remedy for breach of contract , to declare the contract as cancelled either wholly or to the extent of such default.
• (b)Should the stores or any installment thereof not perform in accordance with the specificatio ns / parameters provided by the SELLER during the check proof tests to be done by the BUYER, the BUYER shall be at liberty, without prejudice to any other remedies for breach of contract, to cancel the contract wholly or to the extent of such default.
• (c)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 fro m any other source as he thinks fit, other stores of the same or similar description to make good:-
• (i)Such default.
• (ii)In the event of the contract being wholly determined the balance of the stores rem aining to be delivered there under.
• (d)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. Such recoveries shall not exceed 10% of the value of contract.
• 14.Force Majeure Clause:-
• (a)Neither party shall bear responsibility for the complete or partial nonperformance of any of its oblig ations (except for failure to pay any sum which has become due on account of receipt of goods under the provisions of the present contract), if the non-performance results from such Force Majeure circumstances as Flood, Fire, Earth Quake and other acts of God as well as War, Military operation, blockade, Acts or Acti ons of State Authorities or any other circumstances beyond the parties control that have arisen after the c onclusion of the present contract.
• (b)In such circumstances the time stipulated for the performance of an obligation under the present c ontract is extended correspondingly for the period of time of action of these circumstances and their conse quences.
• (c)The party for which it becomes impossible to meet obligations under this contract due to Force Majeur e conditions, is to notify in written form the other party of the beginning and cessation of the above circum stances immediately, but in any case not later than 10 (Ten) days from the moment of their beginning.
• (d)Certificate of a Chamber of Commerce (Commerce and Industry) or other competent author ity or organization of the respective country shall be a sufficient proof of commencement and cess ation of the above circumstances.
• (e)If the impossibility of complete or partial performance of an obligation lasts for more than 6 (six) m onths, either party hereto reserves the right to terminate the contract totally or partially upon giving prior written notice of 30 (thirty) days to the other party of the intention to terminate without any liability other than reimbursement on the terms provided in the agreement for the goods received. .