23ATT033RFP
23ATT033RFP
23ATT033RFP
(DefenceProcurement)
Online Invitation of Bids for Machining of top and bottom die for forging out IN 100 material– 1 Job
1. On-line Bids are invited for supply of items listed in Part V of this RFP as per TWO BID
SYSTEM.
2. Contact Information:
a) Name & designation of the contact officer:
Gp Capt. N V Prasad, GH MMG-III orP. Anuradha Shivraj, SSO-I.
b) Telephone number(s) of the contact Officer:
+91-40-2458 6345 / 6719 / 6763
c)Fax number(s): +91-40-24345552
d) E-mail: [email protected]
3. This RFP is divided into seven (07) parts as follows:
i) Part-I General Information and Instructions for the Bidders about the RFP such as
the time of submission and opening of tenders, Validity period of tenders, etc.
ii) Part II Standard Terms and Conditions of RFP, which will form part of the
Contract/Supply Order (herein after referred as the Contract) with the successful
Bidder(s).
iii) Part III Special Terms and Conditions applicable to this RFP and whichwill also form
part of the Contract with the successful Bidder(s).
iv) Part IV Vendor Qualification Criteria.
v) Part V Details of the Store(s)/Service(s) Requirede.g. TechnicalSpecifications,
Delivery Period, Mode of Delivery, Consignee details etc.
vi) Part VI Evaluation Criteria of Bids.
vii) Part VII Price Schedule
3. This RFP is being issued with no financial commitment and the Buyer reserves the right to change
or vary any part thereof or foreclose the procurement case at any stage. The Buyer also reserves
the right to disqualify any vendor, should it be necessary, at any stage on grounds of National
Security.
4. You may contact The Director, DMRL, PO: Kanchanbagh, Hyderabad-500 058, India for any
grievance related tobidding condition, bidding process and/or rejection of bid. With regard to
biddingcondition, this shall be done in writing at least seven days in advance of the
stipulateddate of submission of bid.
5. All vendors to submit their bids online in TWOBID i.e. one Techno-Commercial Bid
containing Part-I to Part-VII along with technical bid and price Scheduled duly signed.
Thanking you,
Yours faithfully,
For DIRECTOR
For & On Behalf of the President of India.
Part I - General Information and Instructions
The participation in the Tender Enquiry will be treated as acceptance of all conditions of RFP. The bids will
be submitted Online, Bid Security Declaration Form on firm’s letter pad in the form of scanned document
has to be uploaded along with the bid.
Bids should be uploaded under bidder’s original memo / letter pad inter alia furnishing details like TIN,
VAT/CST number, Bank address with EFT Account if applicable, etc. and complete postal and e-mail
addresses of their office failing which the bid would not be considered.
(i) Bid Security Declaration Form.
(ii) Bids sent by FAX or e-mail will not be considered unless they have been specifically called
for by these modes.
4. Time and Date for Online Opening of Bids: 21-06-2022 / 1030 Hrs.
If due to any exigency, the due date for opening of the bids is declared a closed holiday, the bids
will be opened on the next working day at the same time or on any other day/time, as intimated by the
Buyer.
5. Place of Online Opening of the Bids: DMRL, PO: Kanchanbagh, Hyderabad, Telangana-500058.
Authorized Signatory :
Company Name :
Address :
Office Seal with Stamp :
Date :
Part II - Standard Terms and Conditions
The Bidder is required to give confirmation of their acceptance of the Standard Terms and Conditions
of the RFP mentioned below which will automatically be considered as part of the Contract concluded
with the successful Bidder as selected by the Buyer. Failure to do so may result in rejection of the Bid
submitted by the Bidder.
1. Effective Date of the Contract: In case of placement of a supply order, the date of the Supply Order
would be deemed as effective date. Services shall commence from the effective date of
the Contract
2. Law: The Contract shall be considered and made in accordance with the laws of the Republic of
India and shall be governed by and interpreted in accordance with the laws of the Republic of India.
3. Arbitration: All disputes or differences arising out of or in connection with the Contract shall be settled
by bilateral discussions. Any dispute, disagreement or question arising out of or relating to the Contract or
relating to product or performance, which cannot be settled amicably, shall be resolved by
arbitration in accordance with either of the following provisions:
The case of arbitration may be referred to CC R&D or a person appointed by him who will be sole
arbitrator and the proceedings shall be conducted in accordance with procedure of Indian Arbitration and
Conciliation Act, 1996.
Or
The case of arbitration may be referred to International Centre for Alternative Dispute
Resolution (ICADR) for the appointment of arbitrator and proceedings shall be
conducted in accordance with procedure of Indian Arbitration and Conciliation Act,
1996.
Or
The case of arbitration may be conducted in accordance with the rules of Arbitration of the International
Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules in India.
However, the arbitration proceedings shall be conducted in India under Indian Arbitration and Conciliation
Act, 1996.
4. Penalty for Use of Undue influence: The Seller undertakes that he has not given, offered or
promised to give, directly or indirectly, any gift, consideration, reward,
commission, fees, brokerage or inducement to any person in service of the Buyer or
otherwise in procuring the Contract or forbearing to do or for having done or forborne to
do any act in relation to the obtaining or execution of the Contract or any other contract
with the Government of India for showing or forbearing to show favour or disfavour to
any person in relation to the Contract or any other contract with the Government of India.
Any breach of the aforesaid undertaking by the Seller or anyone employed by him or
acting on his behalf (whether with or without the knowledge of the Seller) or the
commission of any offers by the Seller or anyone employed by him or acting on his
behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention of
Corruption Act, 1986 or any other Act enacted for the prevention of corruption shall
entitle the Buyer to cancel the contract and all or any other contracts with the Seller and
recover from the Seller the amount of any loss arising from such cancellation. A decision of the Buyer or
his nominee to the effect that a breach of the undertaking had been committed shall be final and
binding on the Seller. Giving or offering of any gift, bribe or inducement or any attempt at any such act
on behalf of the Seller towards any officer/ employee of the Buyer or to any other person in a
position to influence any officer/ employee of the Buyer for showing any favour in relation to this or
any other contract, shall render the Seller to such liability/ penalty as the Buyer may deem proper,
including but not limited to termination of the contract, imposition of penal damages, forfeiture of the
Bank Guarantee and refund of the amounts paid by the Buyer.
5. Agents / Agency Commission: The Seller confirms and declares to the Buyer that the Seller has not
engaged any individual or firm, whether Indian or foreign whatsoever, to
intercede, facilitate or in any way to recommend to the Government of India or any of its
functionaries, whether officially or unofficially, to the award of the contract to the Seller;
nor has any amount been paid, promised or intended to be paid to any such individual or
firm in respect of any such intercession, facilitation or recommendation. The Seller
agrees that if it is established at any time to the satisfaction of the Buyer that the present
declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that
the Seller has engaged any such individual/firm, and paid or intended to pay any amount,
gift, reward, fees, commission or consideration to such person, party, firm or institution,
whether before or after the signing of this contract, the Seller will be liable to refund that
amount to the Buyer. The Seller will also be debarred from entering into any contract
with the Government of India for a minimum period of five years. The Buyer will also
have a right to consider cancellation of the Contract either wholly or in part, without any
entitlement or compensation to the Seller who shall in such an event be liable to refund
all payments made by the Buyer in terms of the Contract along with interest at the rate of
2% per annum above (i) Prime Lending Rate of State Bank of India for Indian bidders,
and (ii) London Inter Bank Offered Rate (LIBOR) for the foreign bidders. The applicable
rates on the date of opening of tender shall be considered for this. The Buyer will also
have the right to recover any such amount from any contracts in vogue with the
Government of India.
Or
The Seller confirms and declares in the Techno-Commercial bid that they have engaged an agent,
individual or firm, for promotion of their product. In such case, following details are to be submitted
in the Techno-Commercial bid:
a) Name of the Agent
b) Agency Agreement between the seller and the agent giving details of their contractual
obligation
c) PAN Number, name and address of bankers in India and abroad in respect of Indian
agent
d) The nature of services to be rendered by the agent and
e) Percentage of Commission payable to the agent
6.Access to Books of Accounts: In case it is found to the satisfaction of the Buyer that the Bidder/Seller
has violated the provisions of Para 4 and/or Para 5 above to obtain the
Contract, the Bidder/Seller, on a specific request of the Buyer, shall provide necessary
information/ inspection of the relevant financial documents/information/Books of Accounts.
7. Non-disclosure of Contract Documents: Except with the written consent of the Buyer/Seller, other
party shall not disclose the Contract or any provision, specification, plan, design, pattern, sample or
information thereof to any third party.
8. Withholding of Payment: In the event of the Seller's failure to submit the Bonds, Guarantees
and Documents, supply the stores/goods and conduct trials, installation of
equipment, training, etc. as specified in the Contract, the Buyer may, at his discretion,
withhold any payment until the completion of the Contract.
9. Liquidated Damages: The Buyer may deduct from the Seller, as agreed, liquidated
damages at the rate of 0.5% per week/part thereof, of value of services that are not performed subject to a
maximum of 10% of the total order value (inclusiveof taxes and duty) of the Contract.
10. Termination of Contract: The Buyer shall have the right to terminate the Contract in part or in full
in any of the following cases :-
i) The store/service is not received/rendered as per the contracted schedule(s) and the same has not
been extended by the Buyer.
Or
The delivery of the store/service is delayed for causes not attributable to Force Majeure for
more than 3 months after the scheduled date of delivery and the delivery period has not been
extended by the Buyer.
ii) The delivery of store/service is delayed due to causes of Force Majeure by more than
6 months provided Force Majeure clause is included in the contract and the delivery
period has not been extended by the Buyer.
iii) The Seller is declared bankrupt or becomes insolvent.
iv) The Buyer has noticed that the Seller has violated the provisions of Para 4 and/or Para 5 above to
obtain the Contract.
v) As per decision of the Arbitration Tribunal
11. Notices: Any notice required or permitted by the Contract shall be written in 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.
12. Transfer and Sub-letting: The Seller has no right to give, bargain, sell, assign or sublet
or otherwise dispose of the Contract or any part thereof, as well as to give or to let a third
party take benefit or advantage of the Contract or any part thereof without written consent
of the Buyer.
13.Use of Patents and other Industrial Property Rights: The prices stated in the Contract
shall be deemed to include all amounts payable for the use of patents, copyrights,
registered charges, trademarks and payments for any other Industrial Property Rights.
The Seller shall indemnify the Buyer against all claims from a third party at any time on
account of the infringement of any or all the rights mentioned in the previous paragraphs,
whether such claims arise in respect of manufacture or use. The Seller shall be
responsible for the completion of the supplies including spares, tools, technical literature
and training aggregates irrespective of the fact of infringement of the supplies or any or
all the rights mentioned above.
14. Amendments: No provision of the Contract shall be changed or modified in any way
(including this provision) either in whole or in part except when both the parties are in
written agreement for amending the Contract.
15. Taxes and Duties
Indigenous Bidders
(a) General
(i) If the quoted prices exclude GST or any other Statutory Duties/Taxes, the same must be specifically
stated with applicable rates. In the absence of same, it will be presumed that the prices include
all such charges and no claim for the same will be entertained.
(ii) If reimbursement of any Duty/Tax is intended as extra over the quoted prices, the Bidder must
specifically say so. In the absence of any such stipulation it
will be presumed that the prices quoted are firm and final and no claim on
account of such duty/tax will be entrained after the opening of tenders.
(iii) If a Bidder chooses to quote a price inclusive of any duty/tax and does not confirm that duty/tax
so included is firm and final, he should clearly indicate the rate of such duty/tax and quantum of
such duty/tax included in the price. Failure to do so may result in ignoring any request for change of
duty/tax at a later date due to any reason whatsoever
(iv) Any addition to duty/tax and change in any duty/tax upward/downward as a result of any statutory
variation in duty/tax taking place within contract terms shall be allowed to the extent of actual
quantum of such variation of duty/tax paid by the supplier. Similarly, in case of downward revision
in any duty/tax, the actual quantum of reduction of such duty/tax shall be reimbursed to the Buyer
by the Seller. All such adjustments shall include all reliefs, exemptions, rebates, concession etc., if
any, obtained by the Seller.
(v) TDS as per Income Tax Rules will be deducted and a certificate to that effect will be issued by the
Buyer.
(b) Customs Duty: Not Applicable
(c) CENVAT Excise Duty: Not Applicable
(d)Octroi Duty & Local Taxes: Not Applicable
Authorized Signatory :
Company Name :
Address :
Office Seal with Stamp :
Date :
Authorized Signatory :
Company Name :
Address with Office Seal and Stamp: Date:
Part IV - Essential Details of Items Required
1. Schedule of Requirements: List of itemsrequired is as follows –
Nomenclature of the item Qty
Machining of top and bottom die for forging out IN 100 material 1 Jobs
2. Technical Details: As per Technical Specifications and scope of supply enclosed at Annexure-I
3. Bidders are required to furnish clause by clause compliance of specifications bringing out clearly the
deviations from specification, if any. Bidders are advised to submit compliance statement for the
technical parameters separately in the following format along with the Techno-Commercial Bid:
As per para of RFP Technical Complianceto RFP Remarks
Specifications enclosed at Specifications
In case of non compliance
Annexure –I enclosed.
Whether YES / NO deviation from RFP to be specific
in case unambiguous Terms. In
case of compliance,
catalogue/brochure reference, if
available to be indicated.
For Commercially-Off-The-Shelf (COTS) items, it is mandatory to enclose catalogue/technical brochure to
support the claims of compliance.
4. Delivery Period
Expected Delivery Period for supply of items/rendering services would be Three Months from the
effective date of the Supply Order / Contract. Please note that the Contract can be cancelled
unilaterally by the Buyer in case services are not satisfactory.Further extension of contract will be at the
sole discretion of the buyer.
5. INCO TERMS for Delivery and Transportation (for Foreign Bidders only): Not Applicable.
6. Consignee details:
Name : The Director
Address : DMRL, PO: Kanchanbagh, Hyderabad-500 058, India.
Phone : +91-40-2434 6421
Fax : +91-40-2434 3373
Email :[email protected]
Authorized Signatory :
Company Name :
Address :
Office Seal with Stamp :
Date :
TECHNO-COMMECIAL BID
(Please use the format as given below and enclose along with Techno-commercial Bid)
COMMERCIAL TERMS & CONDITIONS
Vendor’s
Sl.No. Description Nomenclature
confirmation
01 Contract Type FOR, DMRL, Hyderabad
Three Months from the date of issue of Supply Order.
02 Delivery Period
Liquidated Damages will be applicable.
Quotation
03 120 days from the date of tender opening.
validity
04 Inspection At DMRL, Hyderabad.
Mode of
05 Not Applicable
dispatch
100% payment will be made through CDA(R&D),
06 Payment Terms Hyderabad against Job Completion Certificate issued by
User Scientist on submission of remittance of proof of GST
with invoice.
Will be at the rate of 0.5 percent of the order value per week
or part thereof with a maximum of 10 percent of order value,
07 L.D. Clause if there is a delay in services and reasons attributable to
supplier. The amount if any will be deducted from the bills
directly.
Authorized Signatory :
Company Name :
Address :
Office Seal with Stamp :
Date :