Instruction to Tenderer
Copyright @ DVET 2012 Page 1 of 35
Government of Maharashtra
Directorate of Vocational Education & Training (DVET), Maharashtra State
3, Mahapalika Marg, Mumbai – 400 001.
Website: www.dvet.gov.in Email: [email protected]
Phone No: 022-22620603/04/293 Fax No: 022-2659235
e-Tendering Parent Portal : https:// maharashtra.etenders.in
DVET Child portal : https://dvet. maharashtra.etenders.in
Tender for supply of Specialized Wireman ToolSet
Non Transferable
If any assistance is required regarding e-Tendering (registration/upload/download) please contact GoM e-
Tendering Help Desk on number : 020-25315555 /56
Tender referance No.- TE No.12251/ Specialized Wireman Toolset /2012-13
Last date for submission of tender : 22/03/2013 up to 11:00 hrs
Instruction to Tenderer
Copyright @ DVET 2012 Page 2 of 35
Digitally sealed tenders ( Two- Bid System) as per e-tendering system are invited by office of Directorate of
Vocational Education & Training (DVET), Maharashtra state, from reputed manufacturers for the supply of
following items necessary for practical training in various Govt. Training Institutes in Maharashtra State.
NOTICE DETAILS :
TENDER SCHEDULE : Please Note : All bid related activities (Process) like Tender Document Download, Bid Preparation, Bid
Submission will be governed by time schedule given as per Key dates mentioned below
Sr. No. Activities Start date & Time -- Expiry Date & Time
1 Online Tender Release 25/02/2013 at 10.00 Hrs To 28/02/2013 at 18.00 Hrs
2 Online Tender Document Download 28/02/2013 at 18.01 Hrs T0 20/03/2013 at 16.00 Hrs
3 Online Tender Bid Preparation 28/02/2013 at 18.01 Hrs To 20/03/2013 at 16.00 Hrs
4 Online Technical Bid Closing 20/03/2013 at 16.01 Hrs To 21/03/2013 at 16.00 Hrs
5 Online Commercial Bid Closing 20/03/2013 at 16.01 Hrs To 21/03/2013 at 16.00 Hrs
6 Online Submission of Bid 21/03/2013 at 16.01 Hrs To 22/03/2013 at 11.00 Hrs
*7 Online Tender Opening(Technical) 22/03/2013 at 11.01 Hrs To 25/03/2013 at 17.00 Hrs
*8 Online Tender Opening(Commercial) 22/03/2013 at 11.01 Hrs To 25/03/2013 at 17.00 Hrs
Departmental Activity
Bidders Activity
* Exact date of opening of technical and commercial bids shall be notified in the Press
Notice / Corrigendum section of the website before opening of the same.
Tender Notice no. 16/DVET/TE-006/12251/2012-13
Cost of blank tender document Rs 2000/-
EMD Amount 3% of the offer OR maximum Rs 5000/-
Last Date and Time of Submission of Demand
Draft for Tender document Fees and for EMD
22/03/2013 , 16.00 hrs
Date, Time and place of online opening of Tender 22/03/2013 -11.01 hrs to 25/03/2013 -17.00 hrs
Delivery period 6 To 8 Weeks from the date of issue of Purchase order
Tender shall remain valid till up to 31st March, 2013. from the date of submission of offer
Name of the work supply of Specialized Wireman Toolset
Instruction to Tenderer
Copyright @ DVET 2012 Page 3 of 35
GENERAL INSTRUCTIONS:
To view- Tender Notice, Detailed Time Schedule, Tender Document for this Tender and
subsequently purchase the Tender Document and its supporting documents, kindly visit following e-
Tendering website of Government of Maharashtra: https://maharashtra.etenders.in
The Contractors participating first time for e-Tenders on GoM e-tendering portal will have to
complete the Online Registration Process for the e-Tendering portal.
All bidders interested in participating in the on-line e-Tendering process are required to obtain Class
II or Class III Digital Certificates. The tender should be prepared & submitted online using
individual’s digital signature certificate.
An important Training Workshop on e-Tendering procedure will be held on 6/03/2013 11:00
Hrs. at DVET Mumbai. All the bidders or their representatives with valid authorization are
requested to confirm their participation by sending an e-mail to [email protected]
on or before 5/03/2013 before 17:30 Hrs.
Bidders Tool Kit link (detailed Help documents, designed for bidders) has been provided on e-
Tendering website in order to guide them through different steps involved during e-Tendering such
as online procedure for tender document purchase, bid preparation, bid submission.
If any assistance is required regarding e-Tendering (registration / upload / download) please contact
GoM e-Tendering Help Desk on number: 020 – 25315555/56
PURCHASE AND DOWNLOADING OF TENDER FORM:
The tender document is uploaded / released on Government of Maharashtra, (GOM) e-tendering
website https://maharashtra.etenders.in. Tender document, tender form ( Annex-B) and supporting
documents may be purchased and downloaded from following link of Directorate of Vocational
Education & Training on e-Tendering website of Government of Maharashtra,
https://dvet.maharashtra.etenders.in by filling Demand Draft/Pay Order details online.
Subsequently, bid has to be prepared and submitted online ONLY as per the schedule.
Tender forms will not be sold / issued manually from DVET Mumbai office
Only those Tender offers shall be accepted for evaluation for which non-refundable Tender Fee of
Rs.2000/- ( INR Two Thousand Only), in the form of Demand Draft / Pay Order Order drawn in
favour of “Director of Vocational Education & Training, Maharashtra State, Mumbai ”
payable at par at Mumbai, is deposited in the office of Mumbai on or before scheduled date given in
NOTICE DETAILS of the tender on working days.
Instruction to Tenderer
Copyright @ DVET 2012 Page 4 of 35
CONTENTS
Clause No. Particulars Page No. 1 Introduction 3
2 Process of Submission of Tender 3
3 Deadline for submission of Tender 4
4 Eligibility Criteria for this Tender 5
4.1 Basic Eligibility criteria 5
4.2 Technical Eligibility Criteria 7
5 Cost of Tendering 8
6 Amendment of Tender Document 8
7 Opening of Tender 8
8 Period of Validity of Tender 9
9 Prices 9
10 Evaluation of Tenders 9
11 Award of Contracts 10
12 Security Deposit & Contract Agreement 10
13 Delivery period & Place of Delivery 11
14 Liquidated Damage 11
15 Default Clause / Cancellation on failure to supply 11
16 Inspection & Tests 11
17 Warranty 12
18 Force Majeure 12
19 Confidentiality 13
20 Payment 13
21 Corrupt or Fraudulent Practices 13
22 Resolution of Dispute 14
23 Arbitration 14
24 Governing Language 14
25 Applicable Laws 14
26 Indemnification 14
27 Jurisdiction 14
28 Saving Clause 14
Annex-A Schedule of Requirement 15
Annex-B Tender Form 19
Annex-C Name & Address of Testing laboratories 20
Annex-1 Checklist 21
Annex-2 Covering Letter 22
Annex-3 Authorization Certificate 23
Annex-4 Turnover 24
Annex-5 Details of Manufacturing Facility 25
Annex-6A Past Performance for other than DVET (From Supplier) 26
Annex-6B Past Performance for DVET (From Supplier) 26
Annex-7 Past Performance (From End User) 27
Annex-8 Price Schedule 28
Annex-9 Format of Bank Guarantee for Earnest Money Deposit 29
Annex-10 Technical Specification Compliance 30
Annex-11 No Deviation Statement & Certificate 31
Annex-12 Bank Guarantee for Security Deposit 32
Annex-13 Contract Agreement 33
Instruction to Tenderer
Copyright @ DVET 2012 Page 5 of 35
INSTRUCTION TO TENDERERS
1. Introduction :-
1.1 For and on behalf of Governor of Maharashtra, the Director (Training), Directorate of
Vocational Education & Training (DVET), Mumbai, herein after referred to as “Purchaser”
invites sealed tenders in TWO BID system for supply of Tools and Tool Kits specified in
schedule of requirements (Annex-1) for the use in Government Industrial Training Institutes
& offices under jurisdiction of this Directorate across the state of Maharashtra.
1.2 A copy of tender document(s) can be obtained by payment of cost of tender specified in
Annex-1 in cash from DVET as per schedule (Annex-A). The tender document(s) may also
be downloaded from the official web site of DVET. The tenderers are required to furnish non-
refundable cost of tender specified in annex-A by way of IPO or Demand Draft issued by any
nationalized bank drawn in favour of “Director, Directorate of Vocational Education &
Training, Mumbai” payable at Mumbai, along with tender as per schedule specified in annex-
B. In case, tender(s) which are downloaded from website, the tenderers should specifically
superscribe “Downloaded from the website” on the top left corner of the Envelope-1.
1.3 The quantities mentioned in the tender are only approximate estimated quantities. The
Director (Training), Directorate of vocational Education & Training, Mumbai reserves the
right to increase or decrease the quantities, to be purchased without assigning any reason
thereof.
2. Process of Submission of Tenders:-
2.1 Tender shall be submitted in two bids i.e. Technical Bid & Price Bid
2.2 Purchaser shall not be responsible for any damaged / tempered envelope received by it.
2.3 Tenders submitted without following Two Bid system shall be rejected.
2.4 The Two Bid offer must be submitted along with document(s) as per the guidelines given
below.
2.4.1 Envelope No.1 (Technical Bid):- Technical bid shall include following document(s).
a. Covering Letter as prescribed in annex-2
b. Proof of Payment of the Cost of Tender as prescribed in clause 1.2
c. Photocopy of Prescribed Tender Form as prescribed in annex-B
d. Earnest Money Deposit (EMD) or EMD Exemption certificate as prescribed in clause
e. Sales Tax / VAT Registration & Clearance Certificate as prescribed in clause
f. Manufacturer License / EM Part-II as prescribed in clause
g. Authorization Certificate from Manufacturer(s) as prescribed in clause
h. Turnover of the Supplier as prescribed in clause
i. Details of Manufacturing Facilities of Manufacturer(s)as prescribed in clause
Instruction to Tenderer
Copyright @ DVET 2012 Page 6 of 35
j. Past Performance Certificate as prescribed in annex-6A, 6B & 7
k. Technical Specification compliance item by item as prescribed in annex-10
l. No Deviation Statement as prescribed in annex-11
m. Technical literature (s) as prescribed in clause
n. ISO/BIS/ISI/CE mark certificate as prescribed in clause
o. Undertaking of delivery within prescribed period as prescribed in clause
p. Undertaking for demo as prescribed in clause
q. Undertaking about risk purchase, fall clause, penalty clause
r. Declaration as per clause 4.1.11
2.4.2 Envelope-2 (Price Bid):- Price bid shall include following document(s) to be submitted
inside the Envelop-2.
2.4.2.1 Price bid must be strictly in format prescribed in annex-11
3. Deadline for submission of Tenders:-
3.1 Tender shall be submitted on or before last date & time of submission as per schedule
specified in Annex-B.
3.2 Late tender on any account shall be rejected summarily. Delay due to Post or any other reason
will not be condoned.
3.3 Tender received after specified date & time shall be return back to tender with remarks
“Received Late-Return”
3.4 Under no circumstances any reasons for delayed submissions shall be entertained
3.5 However the purchaser may at his discretion, extend the deadline of submission of tenders
before closing, by notifying it on official web site of this directorate. Tenders are requested to
visit official website till last date of submission of tender for any changes in this regards. No
separate communication or publication shall be made in this regard.
4 Eligibility Criteria for this tender :-
4.1 Basic Eligibility Criteria :-
Every tender shall go through the basic eligibility scrutiny to verify the following
4.1.1 Checklist
The duly filled and signed with seal of the company checklist as prescribed in annex-1
4.1.2. Covering Letter for Enclosure
A covering letter as prescribed in annex-2 on the official letter head of the tenderer and duly
signed with seal.
Instruction to Tenderer
Copyright @ DVET 2012 Page 7 of 35
4.1.3 The proof of payment of the Tender Document
The self certified copy of Cash Receipt for the purchase of Tender Document(s) from DVET
or IPO/D.D. for cost of Tender document as the case may be. If the Tenderer wishes to
participate in multiple tenders, separate copy od Cash Receipt/IPO/DD towards the cost of
each of tender documents(s) shall be submitted.
Note: A single Cash Receipt/IPO/DD towards the cost of multiple tender forms will not
be accepted and shall render such tender non responsive.
4.1.3 Photocopy of Prescribed Tender Form
A photocopy of the tender form purchased from DVET or downloaded from web site should
be duly filled & signed by the tenderer and submitted in Envelope-1. "DO NOT WRITE
PRICE ON IT".
4.1.4 Earnest Money Deposit (EMD)
4.1.4.1 The tenderer shall submit Bank Guarantee prescribed in annex-9 or Crossed Demand Draft
on any Nationalized Bank drawn in favor of “Director, Directorate of Vocational Education &
Training, Mumbai” payable at Mumbai for the value of 3% of total value of tender or Rs
5000/- whichever is less, as an Earnest Money Deposit(EMD) which is refundable. Name of
the firm and tender number should be written on the back side of the Demand Draft.
4.1.4.2 Any tender without EMD or EMD of an amount less than as prescribed in clause 4.1.4.1 will
be summarily rejected.
4.1.4.3 Following categories of tenderer are exempted from furnishing EMD
(a) If the tenderer is a supplier registered with Central Store Purchase Organization (CSPO)
of Govt. of Maharashtra, the attested copy letter of registration with CSPO/DIC and
attested copy of certificate stating that the firm is exempted from payment of Earnest
Money Deposit must be attached.
(b) If the tenderer is manufacturers registered as SSI with Directorate of Industry,
Government of Maharashtra, valid S.S.I. Certificate of registration must be attached for
getting EMD exemption.
(c) EMD Exemptions for firms registered with DGS&D or NSIC will be as per rules. EMD
exemptions will be as per CSPO guidelines.
Note: For CSPO firms and SSI manufacturers, EMD exemption will be allowed only for
the items mentioned in the respective registration certificates. As such name of the item
must be highlighted or underlined in the relevant certificate.
4.1.4.4 EMD will be discharged / returned to all tenderer after award of contract to the successful
tenderer.
4.1.4.5 Tenderer shall not be entitled for any interest on EMD.
4.1.4.6 EMD shall be forfeited :-
(a) If a tenderer withdraws its tender during the period of bid validity as specified in the
tender.
(b) In case of a successful tender, if the tenderer fails:
(i) To sign the Contract in accordance with terms and conditions or.
(ii) To furnish Security Deposit
Instruction to Tenderer
Copyright @ DVET 2012 Page 8 of 35
4.1.5 Sales Tax / VAT Registration & Clearance Certificate 4.1.5.1 Sales Tax / VAT clearance certificate [STCC or VAT CC]either from State or Central Govt.
(as the case may be) showing tax paid up to March-2012 and no dues. Also attach VAT
registration certificate or TIN allotment.
4.1.5.2 If it is not possible to submit STCC/ VAT CC along with tender, proof of application made
for obtaining STCC/VAT CC to be submitted along with tender. But STCC/VAT CC MUST
be submitted before opening of Price bids, otherwise tender will be rejected.
4.1.5.3 Merely ST/CST/VAT registration certificates or bank challan copies etc. are not sufficient
and will not be accepted. Respective clearance certificate is necessary. (For example, in
case of dealers in Maharashtra form no 415 is essential. But prescribed clearance format may
vary from state to state). In any case, certificate from competent tax authorities certifying that
no dues are pending against the dealer is a MUST.
4.1.6 Manufacturer License Manufacturer in all the case must have own factory & Manufacturing license (For large scale)
issued by respective statutory authority (For small and medium scale, EM Part-II issued by
concern DIC). In case the tenderer is an authorized dealer then, they must submit respective
proof of manufacturing license of principal manufacturer
4.1.7 Authorization Certificate
4.1.7.1 There are two parts in each tool kit. viz Primary Items & Secondary Items. For Primary Items
Authorization letters are must for all items mentioned in the list of primary items. For
secondary items , where manufacturers sell the product through different stockists and
distributors , details of make and model should be mentioned
4.1.7.2 Manufacturers should state that that they will supply the equipment through the tenderer and
will attend all service calls during warranty period. The Principal company should confirm
that they will be providing training and refresher courses ( Train the Trainer Program ) for
atleast 3 times in a year to the staff of ITI at regional level.
4.1.7.3 Authorization letter shall be in original and from manufacturer directly in the format
prescribed in annexure-3.
4.1.7.4 The purchaser reserves the right to ask for any further documentary evidence to establish
genuineness of manufacturer and authorization letter.
4.1.8 Turnover
4.1.8.1 Turnover of the Supplier
The Average Annual turnover ( last three years ) of the tenderer should not be less than amount
mentioned in schedule of requirement prescribed in annex-A. The tenderer is required to submit the
turnover of the company for last three preceding financial years, certified by the chartered accountant
of the company in the format prescribed in Annex-4 along with audited balance sheet.
Instruction to Tenderer
Copyright @ DVET 2012 Page 9 of 35
4.1.8.2 Turnover of the Principal Company
The Average Annual turnover (last three years) of the Principal Company(s) should not be less than
50 crores. The tenderer is required to submit the turnover of the Principal company for last three
preceding financial years, certified by the chartered accountant of the company in the format
prescribed in Annex-4 along with audited balance sheet.
4.1.9 Details of Manufacturing Facilities
4.1.9.1 The Principal Company(s) or Tenderer must have manufacturing capacity of
manufacturing/producing machines of the similar type in minimum number not less than three
times of the quantity specified in schedule of requirements in each of preceding last three
years. Details of staff, machinery, manufacturing capacity etc. as per the format prescribed in
Annex-5 must be submitted.
4.1.9.2 If the tenderer is authorized dealer, the above details from the manufacturer must be
submitted.
4.1.10 Past Performance
The eligible manufacturer must submit particulars of quantity of the past supplies made as per
the performance statement format prescribed as Annex-6A & 6B for the last three calendar
years. Satisfactory Performance Certificate in format prescribed as Annexure-7 must be
submitted issued from their end users or clients.
The tenderer must not have failed to meet its commitment against valid purchase orders
issued by this Directorate in any of the last three years unless such delay was duly
condoned by this Directorate/Govt. of Maharashtra accepting the reasons furnished by
the tenderer for such delay. The tenderer must submit the declaration for the same on
non judicial stamp paper of Rs. 100/-.
Instruction to Tenderer
Copyright @ DVET 2012 Page 10 of 35
4.1.11 Offers from Manufacturer / Dealers for an item(s) for which that Manufacturer / Dealers has
been found guilty of malpractice, misconduct, or blacklisted / debarred either by Government
of Maharashtra or by other state Government / Central Government’s organizations will be
rejected. Also the tenderer must not have failed to meet its commitment against valid
purchase orders issued by this Directorate in any of the last three years unless such delay was
duly condoned by this Directorate/Govt. of Maharashtra accepting the reasons.
The tenderer has to give an undertaking that their firm has not been found guilty of
malpractice, misconduct, or blacklisted / debarred either by Government of Maharashtra or by
other state Government / Central Government’s organizations in the past and also there is no
such proceedings against them. The undertaking should also include that they have not have
failed to meet its commitment against valid purchase orders issued by this Directorate in any
of the last three years unless such delay was duly condoned by this Directorate/Govt. of
Maharashtra accepting the reasons.
In case of any misrepresentation, the department will reject the tender at any stage of the bid
evaluation process and may debar the said firm from participating in any tenders issued by
DVET for a period of 5 years.
This undertaking must be made on non judicial stamp paper of Rs. 100/-.
4.2 Technical Eligibility Criteria :-
4.2.1 Technical Offer
4.2.1.1 The tenderer shall carefully read and understand the technical specifications given in Annex-
B. The tenderer must comply quality requirements, packing, applicable standards, Acts and
Rules including the mandatory requirements of the tender without any deviation.
4.2.1.2 The tenderer must submit his technical offer in a format prescribed as Annex-10.
4.2.1.3 Brief compliance on item by item parameter using words like: “…. Will be provided / As per
BIS/Complied/As per specification/Available/As per Literature/As per requirements etc. “are
not acceptable and that bid shall be categorize as incomplete and rejected.
4.2.1.4 ISO/BIS/ISI/CE mark or similar is preferred for offered product.
4.2.1.5 The tenderer must submit the sample of toolkit offered for technical evaluation on the
date of technical scrutiny. The date of technical scrutiny will be communicated to the
eligible bidders by separate communications. The samples submitted for the technical
evaluation shall be retained till the finalization of the successful bidders. The samples of
the successful bidders shall be sealed and retained till the validity of the contract. The
offer of bidders who fails to submit the samples for technical evaluation on the date of
technical scrutiny shall be rejected and will be treated as non responsive for commercial
opening.
Instruction to Tenderer
Copyright @ DVET 2012 Page 11 of 35
4.2.2 No Deviation Statement:-
The tenderer must submit NO - DEVIATION STATEMENT mentioning the make & model
of the item quoted the tender. No Deviation statement of specification of the equipment
should be offered giving details of specification in the Annex-11 (No other formats will be
accepted). Tenderer must give details in the above Annexure and mere certification that
‘There is no deviation between tender specifications and specifications quoted by the tenderer
is not acceptable. Bid without No Deviation Statement is not acceptable and such bids will be
rejected.
4.2.3 Technical Literature of the equipment:-
Relevant Technical literature / Catalogue highlighting products features offered in the Tender
must be enclosed in original . The offer shall be considered only if the literature is enclosed.
All the technical information about the equipment required for checking whether the
equipment offered as per Tender Specification or not, should be available in the technical
literature enclosed. The literature should be corresponding to the Model and Make offered in
the Price Bid. In case the literature contains description of more than one model, the Tenderer
must tick mark on name of the model and make signature on it.
5. Cost of Tendering :-
The tenderer shall bear all the costs associated with the preparation & submission of their
tenders and the purchaser will in no case be responsible or liable for those costs, Regardless
of the conduct or outcome of the tendering process.
6. Amendment of Tender Document:-
6.1 At any time prior to the deadline for sale of tender, the purchaser may amend the tender
document(s) by issuing Addendum/Corrigendum.
6.2 Any Addendum/Corrigendum as well as clarification thus issued shall be a part of the Tender
document(s). And it will be assumed that the information contained in the amendment will
have been taken into account by the Tenderer in its tender.
6.3 To give prospective Tenderers reasonable time in which to take the amendment into account
in preparing their tenders, the Purchaser shall extend, at its discretion, the deadline for
submission of tenders, in which case, the Purchaser will notify all Tenderers by placing it on
website of the extended deadline and will be binding on them.
7. Opening of Tender:-
7.1 Tender shall be opened on the date & time specified in tender notice and therefore tenderer or
its authorized representative is encouraged to be present at the time of opening of tender.
7.2 The process of opening of tender shall be as follows
Instruction to Tenderer
Copyright @ DVET 2012 Page 12 of 35
7.2.1 The Master Envelop shall be opened first and then Envelop-1 and Enevelop-2 of each tender
shall be separated.
7.2.2 The Envelop-1 of each of tender shall be opened in the order in which they have been
received in presence of the purchase committee and tenderer or its authorized representative.
7.2.3 After opening of Technical Bid of each of tender, availability of all the documents enclosed
therein shall be verified as per the prescribed checklist.
7.2.4 All such Technical Bid containing each and every document(s) as per prescribed checklist
shall be taken for further technical evaluation.
7.2.5 In case of any Technical Bid where any of the document(s) is found to be missing or
deficient with regard of format or manner shall be treated as Non Responsive and shall be
summarily rejected and shall not be considered for further evaluation.
7.2.6 The Envelop-2 (Price Bid) shall be opened after opening of Envelope-1 (Technical Bid) only for
the tenderers who’s Envelope-1 (Technical Bid) found to be in accordance with the tender
conditions stipulated in tender document. The tentative date and time opening of Envelope -2
shall be communicated subsequently to the eligible tenderers.
8. Period of Validity of Tender:-
8.1 The tender must be valid up to twelve months from the date of tender opening (i.e Technical
Bid Opening ) . A bid valid for a shorter period shall be rejected.
9. Prices:-
9.1 The prices quoted and accepted will be binding on the tenderer and must be valid for a period
of validity.
9.2 Rates should be quoted for the complete kit. Optional Items may be quoted separately.. The
rates should be on door delivery basis according to the unit asked for strictly as per all
inclusive price. Tender for the supply of item quoted in the bid with conditions like “AT
CURRENT MARKET RATES” shall not be accepted. The purchaser shall not be responsible
for damages, handling, clearing, transport charges etc. Conditional tenders will not be
accepted and liable for rejection.
9.3 To ensure sustained supply without any interruption the purchaser reserves the right to split
orders for supplying the requirements amongst more than one tenderer provided that, the rates
and other conditions of supply are same.
9.4 Other Terms:
9.4.1 Prices should be quoted as inclusive of all taxes, duties and transportation. The Prices
should be on door delivery basis.
9.4.2 The rates will be fixed for a period of one years from the date of award of contract.
Instruction to Tenderer
Copyright @ DVET 2012 Page 13 of 35
10. Evaluation of Tenders:-
10.1 After opening of Envelop No.1 (Technical Bid) on the scheduled date, time and venue, the
Purchase Committee shall examine the contents of the tender received along with all
prescribed mandatory document(s).
10.2 The Purchase Committee shall scrutinize the document(s) mentioned above for its eligibility,
validity, applicability, compliance and substantiation stipulated in tender document.
10.3 The Purchase Committee shall also analyze that there is no collusive or fraudulent practice
involved in the entire tendering process amongst all the tenders received.
10.4 Test report from Govt. Laboratory prescribed in Schedule VIII of Govt. Resolution, dated 02-
01-1992 from Industry Energy & Labour Dept., Govt. of Maharashtra is preferable., The list
of such testing agencies is provided in Annex-C .
10.5 The technical scrutiny shall be on the basis of submitted substantiation document(s).
10.6 Any tender during the evaluation process do not meet the tender conditions laid down in the
tender document will be declared as not acceptable and such tenders shall not be considered
for further evaluation.
10.7 Tenders which are in full conformity with tender requirements and conditions shall be
declared as Eligible Tender for opening Envelop-2 and shall be opened later, on given date
and time.
10.8 Price bids of technically valid offers will be opened and lowest offer will be recommended
for award of contract. Award of contract will be as per prescribed Govt. procedure.
11. Award of Contract:-
11.1 Tenderer quoting the lowest offer will be informed about the intention of award of contract
(Acceptance of Tender) by sending an Acceptance Letter (A/L). On acceptance of Terms and
conditions of A/L and submission of security deposit, Acceptance of Tender will be released.
11.2 The purchaser will award the contract to the successful tenderer whose tender has been
determined to be substantially responsive and has been determined as lowest evaluated
tender, provided further that the tender is determined to be qualified to perform the contract
satisfactorily. The purchaser will fix the rates for a period of one years and supply orders will
be placed on staggered basis through out the one year period depending on the requirement
and availability of funds. The supply orders will be governed by all the terms and conditions
stipulated in the tender document.
11.3 The purchaser reserves the right to increase or decrease the quantity to be purchased and also
reserves the right to cancel or revise or any of the all the tenders or part of tenders without
giving any reason thereto with no cost to the purchaser.
Instruction to Tenderer
Copyright @ DVET 2012 Page 14 of 35
12. Security Deposit & Contract Agreement:-
12.1 Security deposit will be 3% of the value of goods ordered and will be retained by the
purchaser for the duration of warranty period and additional 3 months from the date of
installation. In case there is delay in supply and purchaser has extended the delivery period,
the retention period of security deposit will have to be extended accordingly. Security deposit
will be released after expiry of warranty period subject to clearance from the consignee
institute.
12.2 The security deposit should be in the form of Bank Guarantee in favour of “Director,
Directorate of Vocational Education & Training, Mumbai” from any nationalized bank as per
format prescribed in Annex-12.
12.3 Security deposit shall be forfeited as a compensation for any loss resulting from the failure to
perform the obligations under the contract or in the event of termination of the contract or in
any event as the Purchaser thinks fit and proper.
12.4 The successful tenderer shall be required to enter into agreement for the due performance of
Contract as per format prescribed in annex-13.
13. Delivery Period and Place of Delivery:-
The goods should be delivered within 6 to 8weeks from the date of receipt of supply order to
the consignee as per quantity indicated in the supply order on door delivery basis as
mentioned in schedule of requirement.
14. Liquidated Damage:-
If the supplier fails to deliver any or all of the goods within the period (s) specified in the
Contract, the purchaser shall, without prejudice to its other remedies under the Contract,
deduct from the Contract Price, as liquidated damages, a sum equivalent to 0.5% of the
delivery price of the delayed goods for each week or part thereof of delay until actual
delivery, up to a maximum deduction of 10% of stipulated price of the stores for the total
value of the stores not exceeding Rs.1Lakhs(INR) and limited to 5% of stipulated price of the
stores for the total value of the stores exceeding Rs.1Lakhs(INR). Once the maximum is
reached, the Purchaser may consider for termination of the Contract.
15. Default Clause / Cancellation on failure to supply:-
If the supplier fails to commence delivery as schedule or to deliver the quantities ordered to
him within the delivery period stipulated in the contract, it shall be discretion of the purchaser
either. (a) to extend the delivery period or (b) to cancel the contract in whole or in part for the
unsupplied quantities without any show cause notice. In the event of extension, liquidated
damages, will be applicable. If the purchaser decides to cancel the contract, the mode of
repurchase will be at the discretion of the purchaser. The supplier shall be liable to pay any
loss by way of extra expenditure or other incidental expenses, which the purchaser may
sustain on account of such repurchase at the risk and cost of the supplier. In addition to action
above, the purchaser may propose the defaulting supplier for blacklisting from future orders.
Instruction to Tenderer
Copyright @ DVET 2012 Page 15 of 35
16. Inspection and tests:-
16.1 The purchaser shall be the final authority to reject full or any part of the supply, which is not
confirming to the specifications and other terms and conditions. No payment shall be made
for rejected stores. Rejected items must be removed by the tenderers within two weeks of the
date of rejection at their own cost and replaced immediately. In case rejected items are not
removed it will be destroyed at the risk, responsibility & cost of the tenderer.
16.2 The date on which the acceptable stores have been offered for inspection shall be deemed as
date of delivery provided such offer has been made within the delivery period.
17. Warranty:-
17.1 Unless otherwise specified in tender form (Annex-B), the warranty shall remain valid for 1
year from the date of installation at consignee destination.
17.2 The supplier should submit the written warranty that all goods supplied under the contract are
of the most recent or current models and that they incorporate all recent improvements in
design and materials provided in the contract.
17.3 The purchaser shall have the right to make claims under the above warranty after the goods
have been delivered to the final destination indicated in the contract. Upon receipt of a written
notice from the Purchaser, the supplier shall, within the period of 15 days replace the
defective Goods without cost to the Purchaser. The supplier will be entitled to remove, at his
own risk and cost, the defective goods once the replacement goods have been delivered.
17.4 If, after being noticed that the defect has been confirmed pursuant to above clause, the
Supplier fails to replace the defective goods within the period of 15 days the Purchaser may
proceed to take such remedial action as may be necessary, including removal and disposal, at
Supplier’s risk and expense and without prejudice to any other rights that the Purchaser may
have against the supply under the contract. The Purchaser will also be entitled to claim for
storage, in respect of the defective goods for the period following notification and deduct the
sum from payments due to the Supplier under this Contract.
18. Force Majeure:-
18.1 For purposes for this clause, ‘Force majeure’ means at any time during subsistence of
Contract and even beyond the control of the Supplier and not involving the Supplier’s fault or
negligence and not foreseeable. Such event may include, but are not limited to, acts of the
Purchaser either in its sovereign or contractual capacity, wars or revolutions, fires, floods,
epidemics, quarantine restrictions and fright embargoes.
18.2 If a force Majeure situation arises, the Supplier shall promptly but not later than 30 days
notify the Purchaser in writing of such conditions and the clause thereof. Unless otherwise
directed by the Purchaser in writing, the Supplier shall continue to perform its obligations
Instruction to Tenderer
Copyright @ DVET 2012 Page 16 of 35
under the Contract as far as is reasonably practical, and shall seek all reasonable alternative
means for performance by the Force Majeure event.
18.3 Force majeure will be accepted on adequate proof thereof.
18.4 If contingency beyond 30 days, both parties argue to discuss and decide the course of action
to be adopted. Even otherwise contingency continues beyond 60 days then the Purchaser may
consider for termination of the contract on equitable basis.
19. Confidentiality:-
19.1 Information relating to the examination, clarification, evaluation, and comparison of tenders,
and recommendations for the award of a contract shall not be disclosed to tenderers or any
other persons not officially concerned with such process until the notification of Contract
award is made.
19.2 Any effort by the tenderer to influence the purchaser in the bid evaluation, bid comparison, or
contract award decisions may result in the rejection of the tenderers bid.
20. Payment:-
20.1 100% payment within 2 weeks from the date of receipt of all stores in satisfactory condition
as ordered.
20.2 The purchaser shall have every right to deduct the pending dues on account of loss,
compensation, or any remedial action in monetary terms from the said payment. The supplier
shall not agitate the said issue in future.
21. Corrupt or Fraudulent Practices:-
21.1 The Purchaser as well as Tenderers shall observe the highest standard of ethics during the
procurement and execution of such Contracts.
21.2 “Corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to
influence the action of a public official in the procurement process or in contract execution;
and
21.3 “Fraudulent practice” means a misrepresentation or omission of facts in order to Influence a
procurement process or the execution of a contract to the detriment of purchaser and includes
collusive practice among Tenderers (prior to or after tender submission) designed to establish
tender prices at artificial non-competitive levels and to deprive the Purchaser of the benefits
of free and open competition.
Instruction to Tenderer
Copyright @ DVET 2012 Page 17 of 35
21.4 “Collusive Practice” means a scheme or arrangement between two or more tenderers, with or
without the knowledge of the Purchaser, designed to establish tender prices at artificial, non
competitive level; and.
21.5 “Coercive practice” means harming or threatening to harm, directly or indirectly, persons or
their property to influence their participation in the procurement process or effect the
execution of the contract.
21.6 “The purchaser will reject a tender for award if it determines that the tenderer recommended
for awards has directly or through an agent engaged in corrupt or fraudulent practice in
competing for the contract in question;
21.7 The Purchaser will declare a firm or individual as ineligible, either indefinitely or for a stated
period of time, to be awarded a contract if it at any time determines that they have, directly or
through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing
for, or in executing, a contract.
22 Resolution of dispute :-
In the event of any question, dispute or differences in respect of contract or terms and
conditions of the contract or interpretation of the terms and conditions or part of the terms and
conditions of the contract arises, the parties may mutually settle the dispute amicably.
23 Arbitration:-
In the event of failure to settle the dispute amicably between the parties, the same shall be
referred to the sole arbitrator (insert name and designation of the officer), Government of
Maharashtra. The award passed by the sole Arbitrator shall be final and binding on the
parties. The arbitration proceedings shall be carried out as per the Indian Arbitration and
Conciliation Act, 1996 and the rules made thereunder.
24 Governing Language :-
English language version of the contract shall govern its interpretation
25 Applicable Laws :-
The contract shall be governed in accordance with the law prevailing in India, Act, Rules,
Amendments and orders made thereon from time to time.
26 Indemnification :-
The contractor shall indemnify the purchaser against all actions, suits, claims and demand or
in respect of anything done or omitted to be done by contractor in connection with contract
and against any losses or damages to the purchaser in consequence of any action or suit being
brought against the contractor for anything done or omitted to be done by the contractor in the
execution of the contract.
Instruction to Tenderer
Copyright @ DVET 2012 Page 18 of 35
27. Jurisdiction:-
All the suits arising out of the contract shall be instituted in the court of competent
jurisdiction situated in Mumbai only and not elsewhere.
28. Saving Clause :-
No suits, prosecution or any legal proceedings shall lie against the Director (Training),
Directorate of Vocational Education & Training, Mumbai or any person for anything that is
done in good faith or intended to be done in pursuance of tender.
Instruction to Tenderer
Copyright @ DVET 2012 Page 19 of 35
Annex - A
Schedule Of Requirement
Sr.
No
TE
No.
Name Of Item Approx
Qty.(
will
vary)
Cost Of
Tender
(In Rs.)
Annual
Turnover
(Rs. In
Lacs)
1 12251 Specialized Wireman Toolset 2000 2000/- 300
Instruction to Tenderer
Copyright @ DVET 2012 Page 20 of 35
Annex – 1
Check List
(Check List of document(s) to be submitted along with tender form)
Sr.
No Item
Tenderer
should tick at
appropriate
place
Page no of
technical
bid
(envelope-1)
Remark (to
be filled in by
DVET
official)
Document(s) inside Envelope – 1
1 Covering Letter for Enclosure as per Annex-2
2 Payment of the Tender Form (IPO/DD/Copy of
cash receipt)
3 Photocopy of Prescribed Tender Form-Annex-B
4 DD / BG for Earnest Money Deposit as per
Annex-9
5 EMD Exemption certificate (if applicable)
6 Sales tax /VAT registration certificate
7 ST/ VAT Clearance Certificate
8 Manufacturer License
9 EM Part-II
10 Authorization Certificate from Manufacturer as
per Annex-3
11 Turnover of the Supplier as Annex-4
12 Details of Manufacturing Facilities as per
Annex-5
13 Past Performance as per Annex-6A & 6B
14 Performance Certificate as per Annex-7
15 Technical Specification compliance item by item
as per Annex-10
16 No Deviation Statement as per Annex-11
17 Technical literature
18 ISO/BIS/ISI/CE mark certificate
19 Undertaking of delivery within prescribed period
20 Undertaking for demo
21 Undertaking about risk purchase, fall clause,
penalty clause
22 Declaration as per clause 4.1.11
23 Declaration as per clause 4.1.10 & Annex 6B
Document(s) inside Envelope 2
24 Quotation on official letter head in the Price
Schedule as per Annex-8
Sign & Seal of Tenderer
Instruction to Tenderer
Copyright @ DVET 2012 Page 21 of 35
ANNEX –2
Covering Letter
(To be printed on Official Letter Head of Tenderer)
To,
Director (Training)
Directorate of Vocational Education & Training,
Maharashtra State,
3, Mahapalika Marg, Mumbai -400 001.
Dear Sir,
Having examined the tender document, the receipt of which is hereby acknowledged, we, the
undersigned, offer to supply and deliver the goods under the above-named Contract in full
conformity with the said tender document and our financial offer in the Price schedule submitted in
Envelop-2 which is made part of this tender.
We undertake, if our tender is accepted, to deliver the goods in accordance with the delivery
schedule specified in the tender document.
If our tender is accepted, we undertake to submit the security deposit in the form, in the
amounts, and within the times specified in the tender document.
We agree to abide by this tender, for the Tender Validity Period specified in the tender
document and it shall remain binding upon us and may be accepted by you at any time before the
expiration of that period.
Until the formal final Contract is prepared and executed between us, all the terms and
conditions of the tender document(s) shall constitute a binding contract between us without
considering a deviation as might be indicated in our tender. We further understand that you are not
bound to accept the lowest or any tender you may receive.
Signed: __________________
Date: ___________________
In the capacity of _________________________
Duly authorized to sign this bid for and on behalf of ______________________
Signature & Seal of Tenderer
Instruction to Tenderer
Copyright @ DVET 2012 Page 22 of 35
ANNEX – 3
MANUFACTURERS’ AUTHORIZATION CERIFICATE
To,
The Director (Training),
Directorate of Vocational Education & Training,
3, Mahapalika Marg, Mumbai-400001
Dear Sir,
TENDER NO. .
We _____________________________ who are established and reputable manufacturers of (Name,
Make & Model and description of goods offered) having factories at ___________________
(Address of Factory) do hereby authorize M/s __________________________________ (Name and
address of Agent) to submit a bid, and sign the contract with you for the goods manufactured by us
against the above.
We here by extend our full guarantee and warranty as per Clause 17 of the tender document and for
the goods and services offered for supply by the above firm against this tender enquiry.
Yours faithfully,
(Name)
(Seal & Signature of Authorized
Signatory)
Note: This letter of authority should be on the printed original letterhead of the manufacturer and
should be signed by a designated person competent and having the power of attorney to bind the
manufacturer and is mandatory to be included by the tenderer in its bid.
Signature and Seal of Tenderer
Instruction to Tenderer
Copyright @ DVET 2012 Page 23 of 35
ANNEX – 4
PROFORMA OF ANNUAL TURN OVER FOR LAST THREE YEARS
The Annual Turnover of M/s ___________________________________________ for the past three
years are given below and certified that the statement is true and correct.
Sr.No. Year Turnover Rs.in Lakh
1 2009-10
2 2010-11
3 2011-12
Date :
Seal
Signature with Seal of Auditor/
Chartered Accountant
Name (in capital letters)
Signature and Seal of Tenderer
Note: This statement must be supported by the audited balance sheet of last three years.
Instruction to Tenderer
Copyright @ DVET 2012 Page 24 of 35
ANNEX – 5
MANUFACTURING FACILITIES
TENDER NO. __________________ FOR SUPPLY OF ___________________________
NAME OF THE TENDERER ……………………………………
(Note: all details should relate to the manufacturer for the items offered for supply and every clause
or points must be answered to the point and shall not be left out or omitted or changed. Incomplete
information will be construed as inability / deviation/ shortfall and shall be noted in the evaluating
accordingly)
1. Name & full address of the Manufacturer
2. (a) Telephone No. Office/ Factory / Works
(b) Fax No. Office/ Factory / Works
(c) E-mail ID:
3. Location of the manufacturing factory
4. Details of Industrial/ factory Registration License as per statutory regulations.
5. Details of important Plant & Machinery functioning in each dept. of factory
(Mention ownership of items i.e. Purchased of Leased basis separately as available now)
6. Details & Stocks of raw materials held.
7. Production capacity of item(s) quoted for, Total value of products manufactured with the
existing Plant & Machinery during financial year: 2009-10, 2010-11 & 2011-12
1.1 Normal
1.2 Maximum
8. Details of arrangement for quality control of products such as laboratory, testing equipment etc.
9. Details of staff: (As per register of employees)
9.1 Details of technical supervisory staff in charge of production & quality control
9.2 Skilled labor employed
9.3 Unskilled labor employed
9.4 Maximum No. of workers (skilled & Unskilled) employed on any day during the 18
months preceding the date of Tender.
10. Whether Goods are tested / manufactured to any standard specifications? If so, copies of original
test certificated or notarized should be submitted.
11. Are you registered with the Department of Central Excies - Govt.of India for the items offered as
manufacturer, as per statutory rules? If so, furnish full particulars of registration, product codes
etc. with a notarized copy of the certificate of registration.
Signature and seal of the Manufacturer
Signature and Stamp of Tenderer
Instruction to Tenderer
Copyright @ DVET 2012 Page 25 of 35
Annex – 6A
Proforma for Past Performance from supplier (For a period of last 3 years) i.e. 2009-10, 2010-11, 2011-12
(Other than DVET)
Sr.
No
Name of the
Product
Name and full
address of the
purchaser
Order
No. &
Date
Quantity Date of
completion
as per
product
Date of
actual
delivery in
respect of
order
Remarks
indicating
reasons for the
delivery if any
Annex – 6B
Proforma for Past Performance from supplier (For a period of last 3 years) i.e. 2009-10, 2010-11, 2011-12
(With DVET)
Sr.
No
Name of the
Product
Name and full
address of the
purchaser
Order
No. &
Date
Quantity Date of
completion
as per
product
Date of
actual
delivery in
respect of
order
Remarks
indicating
reasons for the
delivery if any
This proforma must be supported with the declaration of the tenderer that they have
successfully completed the execution of purchase order in all respect during last three years.
Signature & Seal of Tenderer
Instruction to Tenderer
Copyright @ DVET 2012 Page 26 of 35
Annex – 7
Proforma for Past Performance (From End User)
Certified that performance of the equipment supplied and after sales service provided by M/s.
_____________________________________ for last 3 years is as given below:
Sr.
No
Name of
Equipmen
t
Supply
Order
No.& Date
for 3 recent
years
Date of
Delivery
No. of
failures
during
warranty
period
(Please Give
details)
No. of failures
after expiry of
warranty
period (Please
Give details)
After sales
service
provided by
supplier *
Unsatisfactory
/Satisfactory/
Good
Remark
1 2 3 4 5 6 7 8
Note :- To be submitted by tenderer separate for each end user.
Signature & Seal of End User
With name and seal of the Office
* Specific remarks only to be
given in words specified.
Instruction to Tenderer
Copyright @ DVET 2012 Page 27 of 35
Annex – 8 (To be printed on Official Letter Head of Tenderer)
Price Schedule
Signature & Seal of Tenderer
Price Structure
Tender No. ____________________
Name of the Item:
__________________________
Model No.:
________________________________
Particulars: Rate (Rs.)
Total Price
`
F.O.R. Destination: ____________________________________________________
Rupees in Words: ______________________________________________________
NOTE: Unit Rate should be quoted only for the models mentioned in Technical Bid by
combining the prices of primary & secondary items.
Instruction to Tenderer
Copyright @ DVET 2012 Page 28 of 35
ANNEX – 9
FORMAT OF BANK GUARANTEE FOR E.M.D.
Whereas ……………………….( Hereinafter called “the Tenderer”) has submitted its tender dated
……………………… (Date of submission of bid) for the supply of …………………………..(Name
and/or description of the goods) (Hereinafter called “the tender”).
KNOW ALL PEOPLE by these presents that WE ………………….. (Name of bank) of …………….
(Name of country), having our registered office at ………………………. (address of bank)
(Hereinafter called “the Bank”), are bound unto ………………………………….(Name of
Purchaser) (Hereinafter called “the Purchaser”) in the sum of ____________________ for which
payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors and
assigns by these presents. Sealed with the Common Seal of the said Bank on this ____day of
___________ 20____
THE CONDITIONS of this obligation are:
1. If the Tenderer
(a) Withdraws its tender during the period of tender validity specified by the Tenderer in his
tender; of
(b) Does not accept the correction of errors in accordance with the Instructions to tenderers;
or
2. If the Tenderer, having been notified of the acceptance of its tender by the Purchaser during
the period of tender validity:
(a) Fails or refuses to execute the Contract Agreement if required: or
(b) Fails or refuses to furnish the Security deposit, in accordance with the terms and
conditions stipulated in the tender document:
We undertake to pay the Purchaser up to the above amount upon receipt of its first written demand,
without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser
will note that the amount claimed by its is due to it, owing to the occurrence of one or both of the two
conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to and including forty five (45) days after the period of
the tender validity, and any demand in respect thereof should reach the Bank not later than the above
date.
…………………………………
(Signature & Seal of the Bank)
Signature and Stamp of Tenderer
Instruction to Tenderer
Copyright @ DVET 2012 Page 29 of 35
ANNEX – 10
TECHNICAL SPECIFICATIONS COMPLIANCE
Following are the minimum requirements, Products offered must meet these parameters herein.
Tender No.________________ for Supply of ____________________________
Name of Manufacturer: ______________ Make & Model quoted: ___________________
Sr.
No.
Technical specifications/
composition of tender
enquiry(Step by Step)
Compliance on each parameter with
detailed substantiation how the offered
product meets the requirement.
Remarks, if any
Signature and Seal of Tenderer
Instruction to Tenderer
Copyright @ DVET 2012 Page 30 of 35
Annex – 11
No Deviation Statement
No Deviation statement of specification of the equipment offered giving details of specification in
following pro-forma only (No other formats will be accepted):
Tender No.________________ for Supply of ____________________________
Name of Manufacturer: ______________ Make & Model quoted: ___________________
Specification of
equipment stated in
Tender Enquiry step
by step
Specification of
equipment offered
by Tenderer step by
step
Whether there are
deviation from the
tender specification
Yes / No
If yes, indicate clearly
which the deviations
are.
1 2 3 4
This is to certify that ‘there is no deviation between tender specifications and specifications quoted
by us.
Signature & Seal of Tenderer
Instruction to Tenderer
Copyright @ DVET 2012 Page 31 of 35
ANNEX – 12
BANK GUARANTEE FOR SECURITY DEPOSIT
To,
The Director (Training),
Directorate of Vocational Education & Training,
3, Mahapalika Marg, Mumbai-400001
WHEREAS ………………………………………………………………. (Name of Supplier)
Hereinafter called “the Supplier” has undertaken, in pursuance of Contract No……………. dated,
200 …. To supply …………………………………………………………………………….
(Description of Goods and Services) hereinafter called “the Contract”.
AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Supplier’s performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Supplier a Guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the
supplier, up to a total of ………………………………………… ………………………………
(Amount of the guarantee in Words and Figures) and we undertake to pay you, upon your first
written demand declaring the Supplier to be in default under the Contract and without cavil or
argument, any sum or sums within the limit of ……………………………….. (Amount of
Guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your
demand or the sum specified therein.
This guarantee is valid until the …………… day of …………………….. 200
Signature and Seal of Guarantors
……………………………………
……………………………………
…………………………………………
… ..Date ……200………….
Address ………………………………
……………………………………
……………………………………
Signature and Seal of Tenderer
Instruction to Tenderer
Copyright @ DVET 2012 Page 32 of 35
Annex-13
Contract Agreement
An Agreement made this ………………… day…………………………………………..
......................................................two thousand and ……………………………….
……………………………………………………………………………………………………..
……………………………………………... (hereinafter called “the contractor”) of the one part
Purchasing Officer and the Government of Maharashtra (hereinafter called “the Government”) of the
other part.
Whereas the contractor has tendered to the Government for supply to the Purchasing Officer
[hereinafter called of the articles specified in the schedule “A” (attached) as per delivery instructions
given in the acceptance of tender at the respective prices or rates mentioned opposite to the said
articles in the column provided for the purpose and whereas such tender has been accepted and the
contractor has deposited with the P. O. a sum of (Rs. ……………………
…………………………………… in …………………………………………………………. )
Only as security for due fulfilment of this agreement.
Now it is hereby agreed between the parties hereto as follows :-
(1) The contractor has accepted the contract on the terms and conditions set out in the tender notice
No. ……………………………………. Dated ……………………….. as well in the
acceptance of tender No. ………………………………………………………….. dated
…….…………………………………………. Which will hold good during period of this
agreement.
(2) Upon breach by the contractor of any of the conditions of the agreement, the P. O may by a
notice in writing rescind, determine and put an end to this agreement without prejudice to the
right of the Government to claim damages for antecedent breaches thereof on the part of the
contractor and also to reasonable compensation for the loss occasioned by the failure of the
contractor to fulfil the agreement as certified in writing by the P. O. which certificate shall be
conclusive evidence of the amount of such compensation payable by the contractor to the
Government.
(3) Upon the determination of this agreement whether by effluxion of time or otherwise the said
deposite shall after the expiration of ………………………………… moths from the date of
such determination be returned to the contractor but without interest and after deducting
therefrom any sum due by the contractor to the Government under the terms and conditions of
this agreement.
(4) This agreement shall remain in force until the expiry of the date of delivery of materials but
notwithstanding herein or in the tender and acceptance forms contained the Government shall
not be bound to take the whole or any part of the estimated quantity herein or therein mentioned
and may cancel the contract at any time upon giving one month’s notice in writing without
compensating the contractor.
(5) In witness whereof the said …………………………………………………….. hath set his
hand hereto and has on behalf of the Government of Maharashtra affixed his hand and seal
hereto the day and year first above written
(6) Notice in connection with the contract may be given by the Director of Industries or any gazette
officer of the Stores Purchase Organisation, authorised by the Director.
Instruction to Tenderer
Copyright @ DVET 2012 Page 33 of 35
(7) If subject to circumstances beyond control (force majeure) the contractor fails to deliver the
stores in accordance with the conditions mentioned in the A/T, the Purchasing Officer shall, at
his option be entitled either :-
a. to recover from the contractor as agreed liquidated damages or by way of penalty a sum not
exceeding ½ per cent of the price of the stores which the contractor has failed to deliver as
aforesaid for each week or part of a week during which the delivery of such stores may be in
arrears, or
b. to purchase elsewhere, after giving due notice to the contractor on the account and at the risk of
the contractor the stores not delivered or others of a similar description (where other exactly
complying with the particulars are not, in the opinion of the Purchasing Officer which shall be
final, readily procurable) without cancelling contract in respect of consignment not yet due for
delivery, or
c. to cancel the contract.
(8) In the event of action being taken under (a), (b) or (c) the contractor shall be liable for any loss
which the Purchasing Officer, may sustain on that account.
The recovery on account of agreed liquidated damages or by way of penalty under (a) above
will be made by deducting the amount in the bills and the recovery of any loss, which the
Purchasing Officer may sustain under (b) and (c) should be made good by a credit note within
the stipulated period for the purpose.
Mumbai,
Witness:-
1.
2.
Contractor,
Purchasing Office, on behalf of the Governor of
Maharashtra, Mumbai.
Instruction to Tenderer
Copyright @ DVET 2012 Page 34 of 35
Annex-B
Tender Form & Specification of the tender item :
GOVT. OF MAHARASHTRA
DIRECTORATE OF VOCATIONAL EDUCATION & TRAINING, MAHARASHTRA STATE
3, Mahapalika Marg, Post Box No.10036, Mumbai – 400 001. Website- www.dvet.gov.in E-mail:[email protected] Fax:22659235 Ph:22620604/1008/0293
(EMD 3% of the offer Limited to Rs.5000/-) IMP : 1) Prescribed Tender Form should be submitted to the DIRECTOR OF TRAINING, DIRECTORATE OF
VOCATIONAL EDUCATION & TRAINING, MAHARASHTRA STATE, MUMBAI – 400 001 digitally signed by the tenderer, otherwise offer will be rejected.
2) Detailed Technical specifications are given below.
E- TENDER NOTICE NO. : 16/DVET/TE-006/12251 /2012-13
TENDER NO. : TE-12251
TENDER SHALL REMAIN VALID TILL : 31st March, 2013 DELIVERY PERIOD : 6 To 8 Weeks from Date of issue of order
Sr. No.
Name of the Items Quantity
1 Specialized Wireman Toolset 2000
SR.No. TE-12251
Price Rs.2000/- 2012-2013
Instruction to Tenderer
Copyright @ DVET 2012 Page 35 of 35
SPECIALISED WIREMAN TOOL SET
PRIMARY ITEM : COMPLETE WIREMAN TOOL SET
1 Tape Rules 3Metre
2 Multimetre
3 Slip Joint plier 8"
4 Long Nose plier 6"
5 Metric Hex key set 10 pcs
6 Adjustable wrench 6"
7 Cushion Grip #1 x 100 mm
8 Cushion Grip 5 x 100 mm
9 Digital spark test Pen
10 Torch light
11 PVC Adhesive Tape
12 Electricial Knife
13 Water prrof tool Bag
Signature & Seal of Tenderer
TE-12251
2012-2013
Top Related