invitation of bids for rate contract for … · · 2016-10-14bids in sealed cover are invited for...

DRAFT REQUEST FOR PROPOSAL

HEADQUARTERS, WESTERN NAVAL COMMAND (NAVY)COMMAND IT OFFICE

BALLARD PIER NEAR TIGER GATE NAVAL DOCKYARD,MUMBAI -400 001

INVITATION OF BIDS FOR RATE CONTRACT FOR SUPPLY OF ITEMS/SERVICES FOR MAINTENANCE OF WNC METROPOLITAN AREA NETWORK

(MAN) FOR ONE YEAR 2016-2017

REQUEST FOR PROPOSAL (RFP) NOMG/3092/RC MAN /2016-17 DATED 10 Oct 16

1. Bids in sealed cover are invited for supply of items/services listed in Part II ofthis RFP. Please super scribe the above mentioned title, RFP number and date ofopening of the Bids on the sealed cover to avoid the Bid being declared invalid.

2. The address and contact numbers for sending Bids or seeking clarificationsregarding this RFP are given below –

(a) Bids/queries to be addressed to: The Command IT Officer

(b) Postal address for sending the Bids:

The Flag Officer Commanding-in-Chief(for Command IT Officer)Headquarters, Western Naval CommandBallard Pier, Near Tiger GateNaval Dockyard, Mumbai Maharashtra – 400001

(c) Name/designation of the contact personnel: Lt Cdr Jaideep Singh Mer, Staff Officer (IT)

(d) Telephone numbers of the contact personnel: 022 – 2275 1071/ 2524

(e) E-mail id of contact personnel: [email protected]

(f) Fax number: 022 – 2275 1214

3. This RFP is divided into five Parts as follows: -

(a) Part I – Contains General Information and Instructions for the Biddersabout the RFP such as the time, place of submission and opening of tenders,Validity period of tenders, etc.

(b) Part II – Contains essential details of the items/services required, such asthe Schedule of Requirements (SOR), Technical Specifications, DeliveryPeriod, Mode of Delivery and Consignee details.

(c) Part III – Contains Standard Conditions of RFP, which will form part of theContract with the successful Bidder.

(d) Part IV – Contains Special Conditions applicable to this RFP and whichwill also form part of the contract with the successful Bidder.

(e) Part V – Contains Evaluation Criteria and Format for Price Bids.

Headquarters, Western Naval Command

4. Pre-Bid Conference. A pre-bid conference will be held at the office ofthe HQWNC / CITO at 1400 hrs on 02 Nov 16. Issues pertaining to the tender,specifications and any other queries sought by SELLERs will be discussed in detailto avoid any ambiguity. In order to obtain the requisite security clearance, theSELLERs are to forward the following information with regard to the participants(maximum 01 representatives per SELLER). The following information is to beforwarded by email at least one day prior to the Pre-Bid Conference date.

5. This RFP is being issued with no financial commitment and the Buyerreserves the right to change or vary any part thereof at any stage. Buyer alsoreserves the right to withdraw the RFP, should it become necessary at any stage.

(L Muthu Kumar) CommanderStaff IT officerfor Flag Officer Commanding-in-Chief


Part I- General Information

1. Last Date And Time For Depositing The Bids. The Commercial bid insealed envelopes is to be submitted to this office on or before 1200hrs on08 Nov 16. The responsibility to ensure this lies with the Bidder.

2. Manner of Depositing the Bids. Tenders are to be submitted asSingle Commercial bid. The tenders are to be submitted in the tender box (Locationmentioned below). Tenders may be submitted through Speed Post/Registered post,but will not be accepted through private couriers / fax / e-mail or by hand. This Unitwill not be responsible for offers, which are not received in time or lost due to postalnegligence. Tenders received late shall be out rightly rejected. The Commercial offershould be submitted on or before the due date on the firm’s letter head in a sealedenvelope super scribing Commercial bid and clearly marked “Rate Contract forSupply of Items/ Services for Maintenance of WNC MAN”.

3. Time and Date for opening of Bids. The bids will be opened on08 Nov 16 at 1600 Hrs. If due to any exigency, the due date for opening of the bidsis declared a closed holiday, the bids will be opened on the next working day at thesame time or on any other day/time, as intimated by this office..

4. Location of the Tender Box.

Tiger GateBallard PierNaval Dockyard, MumbaiMaharashtra – 400 001

(Tender box marked as ‘Rate Contract for Supply of Items/ Servicesfor Maintenance of WNC MAN’)

5. Place of Opening the Bids. The bids will be opened in the office ofCommand IT Officer, Headquarters Western Naval Command, Mumbai. The biddersmay depute their representatives duly authorized in writing, to attend the opening ofbids on the due date and time. The bid will be considered on assessment ofcompliance/suitability after Vendor evaluation of the bids is done by the ProcurementCommittee. A Procurement Committee will be constituted to scrutinize/finalize theContract. The Committee reserves the right to reject any or all the tenders withoutassigning any reason thereof. The Commercial bid should be inclusive of all taxand levies applicable and Rate for each item for a period of one year is to beindicated as per the format given at Appendix B. The firm is to give anundertaking that the contract will not be subcontracted.

6. Forwarding of Bids: The Commercial bids, sealed in separateenvelopes, are to be submitted within one single envelope and super scribedwith the Title, RFP number and date of opening of the Bids. The Bids shouldbe forwarded by Bidders under their original memo / letter head inter aliafurnishing details like TIN number, VAT/CST number, Bank address with NEFTAccount if applicable, etc and complete postal & e-mail address of their office.The format for forwarding of bids is placed at Appendix ‘A’.


7. Clarifications regarding Content of TE/Modification/Withdrawal of bids.Due to paucity of time, any clarifications on the TE should be obtained by [email protected]. The firm may modify or withdraw his bid after submissionprovided that the written notice of modification or withdrawal is received by the Clientprior to deadline prescribed for submission of bids. A withdrawal notice may be sentby email but it should be followed by a signed confirmation copy to be sent by postand such signed confirmation should reach the purchaser not later than the deadlinefor submission of bids. No bid can be modified after the deadline for submission ofbids. No bid can be withdrawn in the interval between the deadline for submission ofbids and expiration of the period of bid validity specified. Withdrawal of a bid duringthis period will result in Firm’s forfeiture of bid security. However the unit may at itsdiscretion ask the firm for clarification on the T bids during the technical evaluation.

8. Right of Acceptance or Rejection of Tender. Canvassing by the firm in anyform, unsolicited letter, conditional tender and post tender correction may invokesummary rejection. The Competent Financial Authority i.e. Flag OfficerCommanding-in-Chief, Western Naval Command, Mumbai reserves the right toaccept or reject any or all tenders without assigning any reasons whatsoever.

9. Unwillingness to quote. Firms unwilling to quote should ensure thatintimation to this effect reaches before the due date and time of opening of theBid, failing which the firm may be delisted for the given range of items asmentioned in this tender Enquiry.

10. Validity of Offer. The firm’s offer should be valid for a period of 180 daysfrom the date of opening of tender.

11. Earnest Money Deposit. Bidders are required to submit Earnest MoneyDeposit (EMD) for amount of Rs. 1,00,000 (Rupees One lakh only) in favorof PCDA (Navy), Mumbai along with their bids. The EMD may be submitted inthe form of an Account Payee Demand Draft, Fixed Deposit Receipt, Banker'sCheque or Bank Guarantee from any of the public sector banks or a privatesector bank authorized to conduct government business as per Form-16 ofDPM 09 (Available in MoD website and can be provided on request). EMD isto remain valid for a period of forty-five days beyond the final bid validityperiod. EMD of the unsuccessful bidders will be returned to them at theearliest after expiry of the final bid validity and latest on or before the 30th dayafter the award of the contract. The Bid Security of the successful bidderwould be returned, without any interest whatsoever, after the receipt ofPerformance Security from them as called for in the contract. EMD is notrequired to be submitted by those Bidders who are registered with the CentralPurchase Organization (e.g. DGS&D), National Small Industries Corporation(NSIC) or any Department of MoD or MoD itself. The EMD will be forfeited ifthe bidder withdraws or amends impairs or derogates from the tender in anyrespect within the validity period of their tender.


mailto:[email protected]

Part II- ESSENTIAL DETAILS OF ITEMS/ SERVICE REQUIRED

1. Schedule of Prices – List of items / services contracted along with prices formaterial and Labour is placed at Appendix B.

2. Schedule of Requirements. The requirement is for repair of OFC networkand other associated components of WNC MAN at Mumbai.

3. Technical Details. The Western Naval Command in Mumbaicomprises of more than 100 units spread within South Mumbai and areas likeMankhurd, Ghatkopar, Worli, Malad, Karanja, Kurla, Powai, Santacruz,Vikhroli and Thane. Considering the distances between various units andinstallations, a secure and reliable communication between the units isestablished through WNC MAN. WNC MAN comprises of various componentslike, switches, OFC, CAT 6 cable, LIU, etc. which are required to be procuredor repaired immediately for restoration of the IT services. Further, the WNCMAN connectivity between units in South Mumbai is through dedicated OFCswhilst units not located in South Mumbai are connected by 22 Leased Linecircuits of MTNL. The uptime of these OFCs and LLs including liaising withMTNL for speedy defect identification and rectification in the LL circuits isimportant to ensure robust connectivity and continuous availability of accessto WNC MAN for the units.

4. The Command IT Officer, Headquarters Western Naval Command will be theconsignee Officer of the Contract.

Contract Execution

5. Agreed Upon Rate. The Contract Operating Firm has to supply thegoods and services on the agreed upon rates as per the contract. There should notbe any violation in this respect. The rates by the Firm would be quoted as per thematerial and services enlisted at Appendix B to this Contract Agreement and thepayment will be made on actuals post repairs on basis of actual repairs.

6. Direct Demanding Officer (DDO). As per the provisions of Chapter 1Para 1.4.5 of DPM-09, all the DDOs for this contract are listed below:-

S.NoContract Operating

AuthorityUnits under Contract Operating Authority

01 DGNPFODC, NEC(MBI), WATT, GTTT, MWC, JOC, MOC,NAD(MBI)

02 COMCOS (WEST) VAJRABAHU, ALL SUBMARINES

03 ND(MB) ND(MBI), NH (POWAI), BCF(SEWRI), NCPO,WED

04 HQWNCHQWNC, IFA, CCPO, PIO, IU(W), CIO, FMSD, NCD,NCSO, NIA(MBI), FMO, ,NAU(MBI), WOT(MBI),SOT(MBI), HQ31 WEU, NRS THANE, TS MAHUL

05 FOMAGTRATA, FLOTILLA SHIPS(10), ANGRE, SHIKRA,RAQAS, NASDO, WAU, AGNIBAHU, K22 SHIPS,FODAG, NT POOL, NCD, ACCI, ACC II, SPB(MBI)

06 MO(MBI) MO(MBI)07 CABS COMCEN(MKD), SHO(TROMBAY), NAD


(TROMBAY), WED(MKD), NAVPEN

08 FOCWF

ALL FLEET SHIPS, FOCWF, MTU, FMU, ETMA, SEG,FTTT, HITU, MSETT, CBIU, DTTT, NTG, WRSTG,FSTC, INSMA, INTEG, MTU

09 ASVINIASVINI, KUNJALI, BVY, INWTC, CWBP, MHS, SHO, NIDS, SOMA

10 NPO NPO, COMNETCEN (MBI), BLO, INDA

11 SO (KRJ)TUNIR, NAD(KARANJA), ABHIMANYU, CHUKAR, NAI(KRJ), WAU(MBI), COMCEN (KRJ), NH(KRJ), SHO(KRJ)

7. Placement of Supply Order. DDOs as mentioned at Para 6 areauthorised to place purchase/supply order directly on the rate contract holdingfirms/suppliers with whom Repair Rate Contract have been concluded by HQWNC.

8. Scope of Work. The Scope of work involves the following:-

(a) Defect Identification in the fibre channel through the latest availabletools/OTDR.

(b) Patch management/splicing, ensuring minimum loss in thetransmission media.

(c) Connectorisation work at the termination end.

(d) Excavation and refilling of trench, ensuring no damage to the existingcable.

(e) Laying of fresh OFC cable with requisite conduit/GVC pipe.

(f) Over the land marking of the repaired spot as per the existing industrypolicy for marking of underground OFC cable.

(g) Repairs of items listed Appendix ‘B’.

(h) All services as listed in Appendix ‘B’.

9. Response on Intimation. The Contract Operating Firm has to attend to thedefect within 12 hrs of reporting the defect. Defect Identification and Rectification tobe completed within 6 hours of attending the defect and in case of any delay thesame needs to be informed to the Unit placing the Supply Order. Any delay in DefectRectification should be on mutual consent of the Contract Operating Firm and theUnit placing Supply Order.

10. Manpower. The Contract Operating Firm needs to have atleast 2 teams towork at a time to attend to the defects at two places. In case of emergency thereshould be a standby team available to work at the third place also. The team shouldcomprise the following:-


(a) Repair Work without Excavation. 01 Technician, 01 networkingexpert, 01 helping hand.

(b) Repair Work with Excavation. In addition to the requirementmentioned above, necessary number of laborers to carry out digging andfilling.

11. Tools. The Contract Operating Firm may decide to keep the tools at the Unitplacing supply order in case the Defect Rectification is taking more than a day. Allthe necessary tools would/should be provided by the Contract Operating Firm only,and no assistance in this regard would be extended by the Unit placing supply order.

12. Schedule of Work. Repair will be carried as and when required on the basisof criticality of the defect. Criticality of the defect will be on discretion of unit placingthe order. If required defects has to be attended on holidays includingSaturday/Sunday

13. Progress of Work. The completion/progress of work is to be intimated tothe Unit rep placing supply order. No work is to be considered completed untilunless a completion/progress report is made to the Unit rep.

14. Repair Methodology. In case the defect is major and cannot be repairedin a single day at the working place, firm can take the same to its workshop. All thecosts, charges and expenses in respect of transporting the equipment or part thereofshall be firm's responsibility as the same is deemed to be included in the RRC.Owing to vintage and the ideal state of the system the Contract Operating Firm mighthave to carry out replacement of defective/missing subassemblies. However the firmwill not be allowed to take any kind of storage media out of the Naval Premises. Anyreplacement of storage device needs to be undertaken in Naval premises and thedefective hardware needs to be handed over to the unit placing order.

15. Accountability of Defective Spares. The defective spares to be taggedproperly with its specification (type/no./last place of fitment) and needs to be handedover to the Unit rep placing supply order. The firm rep needs to mention the no. andkinds of defective components handed over to the site-in-charge on WorkCompletion Certificate (WCC).

16. Work Completion Certificate. The firm rep has to prove operational statusof the repaired item. A detailed check would be carried out by the rep of Unit placingsupply order, the firm is liable to attend to all the queries posed by the Unit rep, whileproving the system. The content of WCC is mentioned at Para 20 (b).

17. Documentation. The Contract Operating Firm needs to forward acorrespondence to HQWNC/CITO copied to the Unit placing supply order stating thefollowing:-

(a) Place, where repair has been undertaken.

(b) Any major deviation from the existing infrastructure.

(c) Any other details relevant to defect rectification.

18. Care of Equipment/System by Firm. The firm has to meet followingconditions for care of system /equipment:-


(a) The equipment or any other part therefore shall be maintained oropened only by the authorised representative of the firm. All defects whichrequires data backup and change of hardware to be undertaken with theconsent of Unit placing the Supply Order and the replaced hardware needs tobe tagged and handed over to unit placing supply order.

(b) The firm shall employ only qualified and trained engineers withadequate field experience. The firm shall take all reasonable steps to ensurethat the service engineer deployed is not changed during the repair contractperiod. Once a service engineer is employed, he should not be changed asfar as possible during the repair contract period in view of the securityreasons. The firm will have to provide proof of qualification and experience ofpersons employed for servicing the equipment. Any damage to the equipmentoccurred due to negligence on the part of the service engineer during themaintenance shall be made good by the firm at their own expense.

(c) No alterations/ attachment/ adjustment should be made to any systemwithout prior intimation and approval of the Unit placing the Supply Order.

(d) All parts replaced by the firm must be of same specification and makeor, if such parts are not available in the market due obsolescence, parts ofdifferent make and quality would be accepted provided such request is madein writing and item is of equivalent or higher quality. Every such replacement/transaction must be informed to the Unit placing the Supply Order in writingand acceptance obtained by the vendor, failing which Unit placing the SupplyOrder would be fully justified to ask for equivalent or superior quality partsreplacements at a later date.

19. Security Requirements at Naval Base. Security requirements for thepersonnel entering Naval Base is mentioned below:-

(a) Personal Search and Code of Conduct - Repair Contract Engineer.Since the units are inside restricted area a thorough search of all persons andtransport may be carried out at the entrance gate for as many times as thegate is used for entry or exit. The firm or his authorised representatives shallnot communicate/disseminate/carry, any information /data in any form/by anymeans out of the Naval Base.

(b) Police Verification Certificate (PVC). PVC needs to be obtainedfrom either native place or place of work, for all theEngineers/technicians/Supervisor/labourers being deputed to undertake thejob, within 07 days of signing of Contract Agreement. PVC should besigned by a Superintendent of Police or his representative with authorisedstamp. Additionally, all the Engineers/technicians/Supervisor/labourers beingdeputed to undertake the job as part of the contract agreement shouldpossess a valid ID proof at all the times inside the Naval Base premises.Any delay/inconvenience/disruption in ongoing work caused due to failure inobtaining the PVC would be the firms liability.


Payment Terms

20. Payment Terms /Pre requisites. Payment terms/Pre requisites areenumerated below:-

.

(a) Payment Terms. Payment would be made on completion of everywork as per the Supply Order placed by the Unit. The payment will be madeon actuals post repairs on basis of actual repairs. SELLER has to in givedetailed justification and scope of repairs to the unit before commencement ofrepairs

(b) Pre Requisites. The firm needs to submit the under mentionedcertificates for processing of payment by Contract Operating Officer:-

(i) A pre-receipted voucher and cash receipt in quadruplicate duly signedon revenue stamp.

(ii) Work Completion Certificate duly signed by the usersection/department, in the format mentioned below:-

“The repair work of the area (mention details of location) has beencompleted on (mention date of completion) using the following spares:-(list of the spares used with their cost as per agreement includingtaxes). The testing has been carried out at the termination end i.e(mention the test points), and found operational with a loss (mentionloss in dB) which is under permissible limit.”

Liquidated Damages

21. In the event of the Seller’s failure to submit the Guarantees and Documents,supply the stores/goods and conduct trials, installation of the equipment, training,etc. as specified in this contract, the Buyer may, at his discretion, withhold anypayment until the completion of the contract. The Buyer may also deduct from theSeller as agreed, liquidated damages to the sum of to 0.5% per week, subject tomaximum value of the LD being not higher than 10 % for the value of delayedservices/stores. No correspondence /litigation shall be entertained in this respect.

Warranty Period

22. The firm has to submit 12 months warranty certificate post completion ofeach job. The warranty period shall be effective from the date of last WorkCompletion Certificate issued by the Unit Placing Supply Order. The warrantycertificate should also have the clause regarding replacement of item, if becomesunserviceable or worn out/broken before the expiry of Warranty Period.

23. Rework. Any defect/disruption to data connectivity between the twotermination points due to the failure of previous work carried out by the Firm, or


failure of any spare parts/repaired hardware would be considered as a rework. TheFirm shall be liable to rectify such defect under warranty period (as enumerated atPara 22 above) without any financial implication to the Unit placing Supply order.

Limited Warranty

24. Subject to the provisions of this Section (“Limited Warranty”) and Section(“Limitation of Liability”), Contractor warrants that the Services will be performed in aprofessional and workmanlike manner. Customers sole and exclusive remedy forbreach of the warranty set forth in this Section shall be Contractors re-performanceof such Services in accordance with such warranty.

Limitation of Liability

25. It is expressly agreed between the parties that the contractor’s liability inconnection with this agreement and the services in any cause of action giving rise tosuch liability shall not exceed the aggregate fee paid by the customer to thecontractor. The contractor shall not be liable for any claim of third parties relating tothe services rendered.

Consignee details –

Command IT OfficerHeadquarters, Western Naval CommandBallard Pier, Near Tiger GateNaval Dockyard, Mumbai Maharashtra – 400001


PART III – Standard Conditions

Conditions of the Request for Proposal mentioned below which will automatically beconsidered as part of the Contract concluded with the successful Bidder (i.e. Seller inthe Contract) as selected by the Buyer. Failure to do so may result in rejection of theBid submitted by the Bidder.

1. Law: The Contract shall be considered and made in accordance with the lawsof the Republic of India. The contract shall be governed by and interpreted inaccordance with the laws of the Republic of India.

2. Effective Date of the Contract: The contract shall come into effect on the dateof signatures of both the parties on the contract and shall remain valid until thecompletion of the obligations of the parties under the contract. The deliveries andsupplies and performance of the services shall commence from the effective date ofthe contract.

3. Duration of Contract. The duration of contract will be for one yearcommencing from the date of signing of contract by both the parties and extendableup to three years. HQWNC/CITO reserves its right to terminate the contract at anytime without assigning any reason after giving a notice of two months. The seller willnot be entitled to claim any compensation against such termination. However, whileterminating the contract, if any payment is due to the seller for maintenance servicesalready performed in terms of the contract, the same would be to it as per thecontract terms.

4. Arbitration: All disputes or differences arising out of or in connection with theContract shall be settled by bilateral discussions. Any dispute, disagreement orquestion arising out of or relating to the Contract or relating to construction orperformance, which cannot be settled amicably, may be resolved through arbitration.The standard clause of arbitration is as per Forms DPM-7, DPM-8 and DPM-9(Available in MoD website and can be provided on request).

5. Penalty for use of Undue influence: The Seller undertakes that he has notgiven, offered or promised to give, directly or indirectly, any gift, consideration,reward, commission, fees, brokerage or inducement to any person in service of theBuyer or otherwise in procuring the Contracts or for bearing to do or for having doneor forborne to do any act in relation to the obtaining or execution of the presentContract or any other Contract with the Government of India for showing orforbearing to show favor or disfavor to any person in relation to the present Contractor any other Contract with the Government of India. Any breach of the aforesaidundertaking by the Seller or any one employed by him or acting on his behalf(whether with or without the knowledge of the Seller) or the commission of any offersby the Seller or anyone employed by him or acting on his behalf, as defined inChapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986or any other Act enacted for the prevention of corruption shall entitle the Buyer tocancel the contract and all or any other contracts with the Seller and recover fromthe 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 beencommitted shall be final and binding on the Seller. Giving or offering of any gift, bribeor inducement or any attempt at any such act on behalf of the Seller towards anyofficer/employee of the Buyer or to any other person in a position to influence anyofficer/employee of the Buyer for showing any favor in relation to this or any othercontract, shall render the Seller to such liability/ penalty as the Buyer may deemproper, including but not limited to termination of the contract, imposition of penaldamages, forfeiture of the Bank Guarantee and refund of the amounts paid by theBuyer.

6. Agents / Agency Commission: The Seller confirms and declares to theBuyer that the Seller is the original manufacturer/authorised representative ofthe stores/provider of the services (furnish authority letter) referred to in thisContract and has not engaged any individual or firm, whether Indian or foreignwhatsoever, to intercede, facilitate or in any way to recommend to the Government ofIndia or any of its functionaries, whether officially or unofficially, to the award of thecontract to the Seller; nor has any amount been paid, promised or intended to bepaid to any such individual or firm in respect of any such intercession, facilitation orrecommendation. The Seller agrees that if it is established at any time to thesatisfaction of the Buyer that the present declaration is in any way in corrector if at alater stage it is discovered by the Buyer that the Seller has engaged any suchindividual/firm, and paid or intended to pay any amount, gift, reward, fees,commission or consideration to such person, party, firm or institution, whether beforeor after the signing of this contract, the Seller will be liable to refund that amount tothe Buyer. The Seller will also be debarred from entering into any supply Contractwith the Government of India for a minimum period of five years. The Buyer will alsohave a right to consider cancellation of the Contract either wholly or in part, withoutany entitle mentor compensation to the Seller who shall in such an event be liable torefund all payments made by the Buyer in terms of the Contract along with interest atthe rate of 2% per annum above LIBOR rate. The Buyer will also have the right torecover any such amount from any contracts concluded earlier with the Governmentof India.

7. Access to Books of Accounts: In case it is found to the satisfaction of theBuyer that the Seller has engaged an Agent or paid commission or influenced anyperson to obtain the contract as described in clauses relating to Agents/AgencyCommission and penalty for use of undue influence, the Seller, on a specific requestof the Buyer, shall provide necessary information/ inspection of the relevant financialdocuments/information.

8. Non-disclosure of Contract documents: Except with the written consent ofthe Buyer/ Seller, other party shall not disclose the contract or any provision,specification, plan, design, pattern, sample or information there to any third party.

9. Liquidated Damages: In the event of the Seller's failure to submit the Bonds,Guarantees and Documents, supply the stores/goods and conduct trials, installationof equipment, training, etc as specified in this contract, the Buyer may, at hisdiscretion, withhold any payment until the completion of the contract. The BUYERmay also deduct from the SELLER as agreed, liquidated damages to the sum of0.5% of the contract price of the delayed/undelivered stores/services mentionedabove for every week of delay or part of a week, subject to the maximum value of theLiquidated Damages being not higher than 10% of the value of delayed stores.


10. Termination of Contract: The Buyer shall have the right to terminate thisContract in part or in full in any of the following cases :-

(a) The repair work is delayed for causes not attributable to Force Majeurefor more than (30 days) after the scheduled duration of repair.

(b) The Seller is declared bankrupt or becomes insolvent.

(c) The repair work is delayed due to causes of Force Majeure by morethan (45 days) provided Force Majeure clause is included in contract.

(d) The Buyer has noticed that the Seller has utilised the services of anyIndian/Foreign agent in getting this contract and paid any commission to suchindividual/company etc.

(e) As per decision of the Arbitration Tribunal.

11. Notices: Any notice required or permitted by the contract shall be written in theEnglish language and may be delivered personally or may be sent by FAX orregistered pre-paid mail/airmail, addressed to the last known address of the party towhom it is sent.

12. Transfer and Sub-letting: The Seller has no right to give, bargain, sell, assignor sublet or otherwise dispose of the Contract or any part thereof, as well as to giveor to let a third party take benefit or advantage of the present Contract or any partthereof.

13. Patents and other Industrial Property Rights : The prices stated in thepresent Contract shall be deemed to include all amounts payable for the use ofpatents, copyrights, registered charges, trademarks and payments for any otherindustrial property rights. The Seller shall indemnify the Buyer again stall claims froma third party at any time on account of the infringement of any or all the rightsmentioned in the previous paragraphs, whether such claims arise in respect ofmanufacture or use. The Seller shall be responsible for the completion of thesupplies including spares, tools, technical literature and training aggregatesirrespective of the fact of infringement of the supplies, irrespective of the fact ofinfringement of any or all the rights mentioned above.

14. Amendments: No provision of present Contract shall be changed or modifiedin any way (including this provision) either in whole or in part except by an instrumentin writing made after the date of this Contract and signed on behalf of both theparties and which expressly states to amend the present Contract.

15. Taxes and Duties

(I) General

(a) If Bidder desires to ask for excise duty or Sales Tax / VAT extra, thesame must be specifically stated. In the absence of any suchstipulation, it will be presumed that the prices include all such chargesand no claim for the same will be entertained.

(b)If reimbursement of any Duty/Tax is intended as extra over thequoted prices, the Bidder must specifically say so. In the absence ofany 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 entrainedafter the opening of tenders.

(c)If a Bidder chooses to quote a price inclusive of any duty/tax anddoes not confirm inclusive of such duty/tax so included is firm and final,he should clearly indicate the rate of such duty/tax and quantum ofsuch duty/tax included in the price. Failure to do so may result inignoring of such offers summarily.

(d)If a Bidder is exempted from payment of any duty/tax up to anyvalue of supplies from them, he should clearly state that no suchduty/tax will be charged by him up to the limit of exemption which hemay have. If any concession is available in regard to rate/quantum ofany Duty/tax, it should be brought out clearly. Stipulations like, the saidduty/tax was presently not applicable but the same will be charged if itbecomes levy able later on, will not be accepted unless in such cases itis clearly stated by a Bidder that such duty/tax will not be charged byhim even if the same becomes applicable later on. In respect of theBidders, who fail to comply with this requirement, their quoted pricesshall be loaded with the quantum of such duty/tax which is normallyapplicable on the item in question for the purpose of comparing theirprices with other Bidders.

(e)Any change in any duty/tax upward/downward as a result of anystatutory variation in excise taking place within contract terms shall beallowed to the extent of actual quantum of such duty/tax paid by thesupplier. Similarly, in case of downward revision in any duty/tax, theactual quantum of reduction of such duty/tax shall be reimbursed to theBuyer by the Seller. All such adjustments shall include all reliefs,exemptions, rebates, concession etc. if any obtained by the Seller.

(II) Excise Duty

(a)Where the excise duty is payable on advancement basis, the Biddershould submit along with the tender, the relevant form and theManufacturer’s price list showing the actual assessable value of thestores as approved by the Excise authorities.

(b)Bidders should note that in case any refund of excise duty is grantedto them by Excise authorities in respect of Stores supplied under thecontract, they will pass on the credit to the Buyer immediately alongwith a certificate that the credit so passed on relates to the Excise Duty,originally paid for the stores supplied under the contract. In case oftheir failure to do so, within 10 days of the issue of the excise dutyrefund orders to them by the Excise Authorities the Buyer would beempowered to deduct a sum equivalent to the amount refunded by theExcise Authorities without any further reference to them from any oftheir outstanding bills against the contract or any other pendingGovernment Contract and that no disputes on this account would beraised by them.

(c)The Seller is also required to furnish to the Paying Authority thefollowing certificates:


(aa)Certificate with each bill to the effect that no refund has been obtained in respect of the reimbursement of excise duty made to the Seller during three months immediately preceding the date of the claim covered by the relevant bill.

(ab)Certificate as to whether refunds have been obtained orapplied for by them or not in the preceding financial year afterthe annual Audit of their accounts also indicating details of suchrefunds/applications, if any.

(ac) A certificate along with the final payment bills of the Seller tothe effect whether or not they have any pending appeal/protestfor refund or partial refund of excise duties already reimbursedto the Seller by the Government pending with the Exciseauthorities and if so, the nature, the amount involved, and theposition of such appeals.

(ad) An undertaking to the effect that in case it is detected by theGovernment that any refund from Excise Authority was obtainedby the Seller after obtaining reimbursement from the PayingAuthority, and if the same is not immediately refunded by theSeller to the Paying Authority giving details and particulars of thetransactions, Paying Authority will have full authority to recoversuch amounts from the Seller’s outstanding bills against thatparticular contract or any other pending Government contractsand that no dispute on this account would be raised by theSeller.

(ae)Unless otherwise specifically agreed to in terms of thecontract, the Buyer shall not be liable for any claim on accountof fresh imposition and/or increase of Excise Duty on rawmaterials and/or components used directly in the manufacture ofthe contracted stores taking place during the pendency of thecontract.

(III ) Sales Tax / VAT

(a)If it is desired by the Bidder to ask for Sales tax / VAT to be paid asextra, the same must be specifically stated. In the absence of any suchstipulation in the bid, it will be presumed that the prices quoted by theBidder are inclusive of sales tax and no liability of sales tax will bedeveloped upon the Buyer.

(b)On the Bids quoting sales tax extra, the rate and the nature of SalesTax applicable at the time of supply should be shown separately. Salestax will be paid to the Seller at the rate at which it is liable to beassessed or has actually been assessed provided the transaction ofsale is legally liable to sales tax and the same is payable as per theterms of the contract.

(IV) Octroi Duty & Local Taxes

(a)Normally, materials to be supplied to Government Departmentsagainst Government Contracts are exempted from levy of town duty,


Octroi Duty, Terminal Tax and other levies of local bodies. The localTown/Municipal Body regulations at times, however, provide for suchExemption only on production of such exemption certificate from anyauthorised officer. Seller should ensure that stores ordered againstcontracts placed by this office are exempted from levy of TownDuty/Octroi Duty, Terminal Tax or other local taxes and duties.Wherever required, they should obtain the exemption certificate fromthe Buyer, to avoid payment of such local taxes or duties.

(b) In case where the Municipality or other local body insists uponpayment of these duties or taxes the same should be paid by the Sellerto avoid delay in supplies and possible demurrage charges. The receiptobtained for such payment should be forwarded to the Buyer withoutdelay together with a copy of the relevant act or bylaws/notifications ofthe Municipality of the local body concerned to enable him to take upthe question of refund with the concerned bodies if admissible underthe said acts or rules.

16. Pre-Integrity Pact Clause: An “Integrity Pact” would be signed between theMinistry of Defence/Buyer and the Bidder for purchases exceeding Rs.100 crores.This is a binding agreement between the Buyer and Bidders for specific contracts inwhich the Buyer promises that it will not accept bribes during the procurementprocess and Bidders promise that they will not offer bribes. Under this Pact, theBidders for specific services or contracts agree with the Buyer to carry out theprocurement in a specified manner. The Format of Pre-Integrity Clause will be as perFormDPM-10 (Available in MoD website, and can be provided on request).Theessential elements of the Pact are as follows:

(a) A pact (contract) between the Government of India (Ministry ofDefence) (the authority or the “principal”) and those companies submitting atender for this specific activity (the “Bidder”);

(b) An undertaking by the Principal that its officials will not demand oraccept any bribes, gifts etc., with appropriate disciplinary or criminal sanctionsin case of violation;

(c) A statement by each Bidder that it has not paid, and will not pay, anybribes;

(d) An undertaking by each Bidder to disclose all payments made inconnection with the Contract in question to anybody (including agents andother middlemen as well as family members, etc., of officials); the disclosurewould be made either at the time of submission of Bids or upon demand of thePrincipal, especially when a suspicion of a violation by that Bidder emerges;

(e) The explicit acceptance by each Bidder that the no-bribery commitmentand the disclosure obligation as well as the attendant sanctions remain inforce for the winning Bidder until the contract has been fully executed.

(f) Undertaking on behalf of a Bidding company will be made “in the nameand on behalf of the company’s Chief Executive Officer”.

(g) The following set of sanctions shall be enforced for any violation by aBidder of its commitments or undertakings:


i. Denial or loss of contracts;

ii. Forfeiture of the Bid security and performance bond;

iii. Liability for damages to the principal and the competing Bidders;and

iv. Debarment of the violator by the Principal for an appropriateperiod of time.

(h) Bidders are also advised to have a company code of conduct (clearlyrejecting the use of bribes and other unethical behaviour and complianceprogram for the implementation of the code of conduct throughout thecompany.


Part IV – Special Conditions of Contract

The Bidder is required to give confirmation of their acceptance of Special Conditionsof the RFP mentioned below which will automatically be considered as part of theContract concluded with the successful Bidder (i.e. Seller in the Contract) asselected by the Buyer. Failure to do so may result in rejection of Bid submitted by theBidder.

1. Performance Guarantee:

(a). Indigenous cases- The Bidder will be required to furnish aPerformance Guarantee by way of Bank Guarantee through a public sectorbank or a private sector bank authorized to conduct government business(ICICI Bank Ltd., Axis Bank Ltd or HDFC Bank Ltd.) for a sum equal to 10% ofthe contract value within 30 days of receipt of the confirmed order.Performance Bank Guarantee should be valid up to 60 days beyond the dateof warranty. The specimen of PBG is given in Form DPM-15(Available in MoDwebsite and can be provided on request).

2. Option Clause- The contract will have an Option Clause, wherein the Buyercan exercise an option to procure an additional 50% of the original contractedquantity in accordance with the same terms & conditions of the present contract.This will be applicable within the currency of contract. The Bidder is to confirm theacceptance of the same for inclusion in the contract. It will be entirely the discretionof the Buyer to exercise this option or not.

3. Repeat Order Clause- The contract will have a Repeat Order Clause,wherein the Buyer can order upto 50% quantity of the items under the presentcontract within six months from the date of supply/successful completion of thiscontract, the cost, terms & conditions remaining the same. The Bidder is to confirmacceptance of this clause. It will be entirely the discretion of the Buyer to place theRepeat order or not.

4. Tolerance Clause- To take care of any change in the requirement during theperiod starting from issue of RFP till placement of the contract, Buyer reserves theright to +5% plus/minus increase or decrease the quantity of the required goods uptothat limit without any change in the terms &conditions and prices quoted by theSeller. While awarding the contract, the quantity ordered can be increased ordecreased by the Buyer within this tolerance limit.

5. Payment Terms for Indigenous Sellers - It will be mandatory for the Biddersto indicate their bank account numbers and other relevant epayment details so thatpayments could be made through ECS/EFT mechanism instead of payment throughcheques, wherever feasible. A copy of the model mandate form prescribed by RBI tobe submitted by Bidders for receiving payments through ECS is at Form DPM-11(Available in MoD website and can be given on request). The payment will be made100% as per the terms defined at Part II Para 20 of the Contract Agreement.

7. Advance Payments- No advance payment(s) will be made.


8. Paying Authority :

a. Indigenous Sellers: (Name and address, contact details). The paymentof bills will be made on submission of the following documents by the Sellerto the Paying Authority along with 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 ofIFA’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 withrequisite documents / proof of payment such as Excise duty challan,Customs duty clearance certificate, Octroi receipt, proof of payment forEPF/ESIC contribution with nominal roll of beneficiaries, etc asapplicable.

(vii). Exemption certificate for Excise duty / Customs duty, ifapplicable.

(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 dateof IFA’s concurrence, where required under delegation of powers,indicating whether extension is with or without LD.

(xii). Details for electronic payment viz Account holder’s name, Bankname, Branch name and address, Account type, Account number,IFSC code, MICR code (if these details are not incorporated in supplyorder/contract).

(xiii). Any other document / certificate that may be provided for in theSupply Order / Contract.

(xiv). User Acceptance.

(xv). Xerox copy of PBG.

(Note – From the above list, the documents that may be required depending uponthe peculiarities of the procurement being undertaken, may be included in RFP)

9. Fall clause - The following fall clause will form part of the contract placed onsuccessful Bidder -

(a). The price charged for the stores supplied under the contract by theSeller shall in no event exceed the lowest prices at which the Seller sells the


stores or offer to sell stores of identical description to anypersons/Organisation including the purchaser or any department of theCentral government or any Department of state government or any statutoryundertaking the central or state government as the case may be during theperiod till performance of all supply Orders placed during the currency of therate contract is completed.

(b). If at any time, during the said period the Seller reduces the sale price,sells or offer to sell such stores to any person/organisation including the Buyeror any Dept. of central Govt. or any Department of the State Government orany Statutory undertaking of the Central or state Government as the casemay be at a price lower than the price chargeable under the contract, the shallforthwith notify such reduction or sale or offer of sale to the Director general ofSupplies & Disposals and the price payable under the contract for the storesof such reduction of sale or offer of the sale shall stand correspondinglyreduced. The above stipulation will, however, not apply to:-

(i). Exports by the Seller.

(ii). Sale of goods as original equipment at price lower than lowerthan the prices charged for normal 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 ofsale/placement of the order of goods by the authority concerned underthe existing or previous Rate Contracts as also under any previouscontracts entered into with the Central or State Govt. Depts, includingtheir undertakings excluding joint sector companies and/or privateparties and bodies.

(c). The Seller shall furnish the following certificate to the Paying Authorityalong with each bill for payment for supplies made against the Rate contract –“We certify that there has been no reduction in sale price of the stores ofdescription identical to the stores supplied to the Government under thecontract herein and such stores have not been offered/sold by me/us to anyperson/organisation including the purchaser or any department of CentralGovernment or any Department of a state Government or any StatutoryUndertaking of the Central or state Government as the case may be up to thedate of bill/the date of completion of supplies against all supply orders placedduring the currency of the Rate Contract at price lower than the price chargedto the government under the contract except for quantity of stores categoriesunder sub-clauses (a),(b) and (c) of sub-para (ii) above details of which aregiven ”.

10. Risk & Expense clause –

(a) Should the stores or any installment thereof not be delivered within thetime or times specified in the contract documents, or if defective delivery ismade in respect of the stores or any installment thereof, the Buyer shall aftergranting the Seller 45 days to cure the breach, be at liberty, without prejudiceto 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 suchdefault.


(b). Should the stores or any installment thereof not perform in accordancewith the specifications / parameters provided by the SELLER during the checkproof tests to be done in the BUYER’s country, the BUYER shall be at liberty,without prejudice to any other remedies for breach of contract, to cancel thecontract wholly or to the extent of such default.

(c) In case of a material breach that was not remedied within 45 days, theBUYER shall, having given the right of first refusal to the SELLER be at libertyto purchase, manufacture, or procure from 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 balanceof the stores remaining to be delivered there under.

(d). Any excess of the purchase price, cost of manufacturer, or value of anystores procured from any other supplier as the case may be, over the contractprice appropriate to such default or balance shall be recoverable from theSELLER. Such recoveries shall not exceed 20% of the value of the contract.”

11. Force Majeure clause

(a). Neither party shall bear responsibility for the complete or partial non-performance of any of its obligations (except for failure to pay any sum whichhas become due on account of receipt of goods under the provisions of thepresent contract), if the non-performance results from such Force Majeurecircumstances as Flood, Fire, Earth Quake and other acts of God as well asWar, Military operation, blockade, Acts or Actions of State Authorities or anyother circumstances beyond the parties control that have arisen after theconclusion of the present contract.

(b). In such circumstances the time stipulated for the performance of anobligation under the present contract is extended correspondingly for theperiod of time of action of these circumstances and their consequences.

(c). The party for which it becomes impossible to meet obligations underthis contract due to Force Majeure conditions, is to notify in written form theother party of the beginning and cessation of the above circumstancesimmediately, but in any case not later than 10 (Ten) days from the moment oftheir beginning.

(d). Certificate of a Chamber of Commerce (Commerce and Industry) orother competent authority or organization of the respective country shall be asufficient proof of commencement and cessation of the above circumstances.

(e). If the impossibility of complete or partial performance of an obligationlasts for more than 6 (six) months, either party hereto reserves the right toterminate 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 liabilityother than reimbursement on the terms provided in the agreement for thegoods received.

12. Specification -The following Specification clause will form part of the contractplaced on successful Bidder - The Seller guarantees to meet the specifications asHeadquarters, Western Naval Command

per Part-II of RFP and to incorporate the modifications to the existing designconfiguration to meet the specific requirement of the Buyer Services as permodifications/requirements recommended after the Maintenance Evaluation Trials.All technical literature and drawings shall be amended as the modifications by theSeller before supply to the Buyer. The Seller, in consultation with the Buyer, maycarry out technical upgradation/alterations in the design, drawings and specificationsdue to change in manufacturing procedures, indigenisation or obsolescence. Thiswill, however, not in any way, adversely affect the end specifications of theequipment. Changes in technical details, drawings repair and maintenancetechniques along with necessary tools as a result of upgradation/alterations will beprovided to the Buyer free of cost within 05 days of affecting suchupgradation/alterations.

13. OEM Certificate- In case the Bidder is not the OEM, the agreement certificatewith the OEM for sourcing the spares shall be mandatory. However, where OEMs donot exist, minor aggregates and spares can be sourced from authorized vendorssubject to quality certification.

14. Export License: -The Bidders are to confirm that they have requisite export license from their Government and Authorization from the manufacturing plant, in case they are not the OEM, to export the military / non-military goods to India.

15. Earliest Acceptable Year of Manufacture- Quality / Life certificate will needto be enclosed with the Bill for the item replaced. For the items replaced themanufacture date of item should not to be before Aug 16.

16. Quality- The quality of the stores delivered according to the present Contractshall correspond to the technical conditions and standards valid for the deliveries ofthe same stores for in Seller’s country or specifications enumerated as per RFP andshall also include therein modification to the stores suggested by the Buyer. Suchmodifications will be mutually agreed to. The Seller confirms that the stores to besupplied under this Contract shall be new i.e. not manufactured before (Aug 16), andshall incorporate all the latest improvements and modifications there to and spares ofimproved and modified equipment are backward integrated and interchangeable withsame equipment supplied by the Seller in the past if any. The Seller shall supply aninterchange ability certificate along with the changed part numbers wherein it shouldbe mentioned that item would provide as much life as the original item.

17. Quality Assurance: -Seller would provide the Standard Acceptance TestProcedure (ATP) within 01 month of this date of contract. Buyer reserves the right tomodify the ATP. Seller would be required to provide all test facilities at his premisesfor acceptance and inspection by Buyer. The details in this regard will be coordinatedduring the negotiation of the contract. The item should be of the latest manufacture,conforming to the current production standard and having 100% defined life at thetime of delivery.

18. Inspection Authority: -The Inspection will be carried out by unit placingsupply order/DDO. The mode of Inspection will be Departmental Inspection / UserInspection / Joint Inspection / Self-certification.

19. Pre-Dispatch Inspection - The following Pre-dispatch Inspection clause willform part of the contract placed on successful Bidder -


(a). The Buyer’s representatives will carry out Pre-Dispatch Inspection(PDI) of the stores/equipment in order to check their compliance withspecifications in accordance with its usual standard procedures. Uponsuccessful completion of such PDI, the Seller and Buyer will issue and sign aCertificate of Conformity as per the specimen at Form DPM-21(Available inMoD website and can be given on request.

(b). The Seller shall intimate the Buyer at least 45 days before thescheduled date of PDI. The time required for completing visa formalities bythe Seller should not be included in this notice. The Buyer will send hisauthorised representative(s) to attend the PDI.

(c). The list of Buyer’s representatives together with their particularsincluding name, title, date and place of birth, passport numbers including dateof issue and date of expiry, address, etc. must be communicated by the Buyerat least 10 days in advance to apply for the necessary authorisations andclearances to be granted.

(d). The Buyer reserves the right not to attend the PDI or to request forpostponement of the beginning of the PDI by a maximum of fifteen (15) daysfrom the date fixed for such PDI in order to allow his representative(s) toattend such tests, in which cases he shall inform in writing the Seller within 15days before the date of the beginning of the PDI. Should the Buyer request forsuch postponement, liquidated damages, if any, shall not apply. In case theBuyer informs the Seller within the period mentioned hereinabove that hecannot attend the PDI or in case the Buyer does not come at the postponeddate requested by him for performance of the PDI as mentioned above, theSeller shall be entitled to carry out said tests alone as scheduled. TheCertificate of Conformity and the Acceptance Test Report will be signed by theSeller’s QA representative alone and such documents bearing the solesignature of the Seller’s QA representative shall have the same value andeffect as if they have been signed by both the parties. In case Buyer does notelect to attend the PDI, the Buyer shall intimate the Seller in writing that itdoes not wish to attend the PDI.

(e). The Seller shall provide all reasonable facilities, access and assistanceto the Buyer’s representative for safety and convenience in the performanceof their duties in the Seller’s country.

(f). All costs associated with the stay of the Buyer’s Representative(s) inthe country where the PDI is to be carried out, including travel expenses,boarding and lodging, accommodation, daily expenses, shall be borne by theBuyer.

(g). The Seller shall provide Acceptance Test Procedure to the Buyer’s QAAgency within one month from the signing of the Contract.

20. Joint Receipt Inspection :-The following Joint Receipt Inspection clause willform part of the contract placed on successful Bidder –

(a). The Parties agree that the Joint Receipt Inspection (JRI) of deliveredgoods shall be conducted on arrival in India at location to be nominated by theBuyer. JRI shall be completed within 120 days (for armament/ammunition)/ 90


days (for other than armament/ammunition) of arrival of good at the PortConsignee. JRI will consist of

(i). Quantitative checking to verify that the quantities of thedelivered goods correspond to the quantities defined in this contractand the invoices.

(ii). Complete functional checking of the stores/equipment as perspecifications in the contract and as per procedures and tests laiddown by Buyer but functional checking of spares shall not be done.

(iii). Check proof and firing, if required.

(b). JRI will be carried out by the Buyer’s representative(s). The Buyer willinvite the Seller with a prior notice of a minimum of fifteen (15) days to attendthe JRI for the delivered goods. The Seller shall have the right not to attendthe JRI. The bio data of the Seller’s representative will need to becommunicated fifteen (15) days prior to the dispatch of goods to the Buyer forobtaining necessary security clearance in accordance with the rulesapplicable in the Buyer’s country.

(c). Upon completion of each JRI, JRI proceedings and AcceptanceCertificate will be signed by both the parties. In case the Seller’srepresentative is not present, the JRI proceedings and Acceptance Certificateshall be signed by the Buyer’s representative only and the same shall bebinding on the Seller. Copy of JRI proceedings and Acceptance Certificateshall be dispatched to the Seller within 30 days of completion of the JRI. Incase of deficiencies in quantity and quality or defects, details of these shall berecorded in the JRI proceedings, Acceptance Certificate shall not be issuedand claims raised as per the Article on Claims in the contract. In case ofclaims, Acceptance Certificate shall be issued by Buyer’s representative afterall claims raised during JRI are settled. If the Buyer does not perform the JRIas mentioned above for reasons exclusively attributable to him, the JRI inIndia shall be deemed to have been performed and the stores/equipment fullyaccepted.

21. Franking clause– The following Franking clause will form part of the contractplaced on successful Bidder –

(a). Franking Clause in the case of Acceptance of Goods “The fact thatthe goods have been inspected after the delivery period and passed by theInspecting Officer will not have the effect of keeping the contract alive. Thegoods are being passed without prejudice to the rights of the Buyer under theterms and conditions of the contract”.

(b). Franking Clause in the case of Rejection of Goods “The fact thatthe goods have been inspected after the delivery period and rejected by theInspecting Officer will not bind the Buyer in any manner. The goods are beingrejected without prejudice to the rights of the Buyer under the terms andconditions of the contract.”


22. Claims: -The following Claims clause will form part of the contract placed onsuccessful Bidder –

(a). The claims may be presented either: (a) on quantity of the stores,where the quantity does not correspond to the quantity shown in the PackingList/Insufficiency in packing, or (b) on quality of the stores, where quality doesnot correspond to the quality mentioned in the contract.

(b). The quantity claims for deficiency of quantity shall be presented within45days of completion of JRI and acceptance of goods. The quantity claimshall be submitted to the Seller as per Form DPM-22 (Available in MoDwebsite and can be given on request).

(c). The quality claims for defects or deficiencies in quality noticed duringthe JRI shall be presented within 45 days of completion of JRI andacceptance of goods. Quality claims shall be presented for defects ordeficiencies in quality noticed during warranty period earliest but not later than45 days after expiry of the guarantee period. The quality claims shall besubmitted to the Seller as per Form DPM-23 (Available in MoD website andcan be given on request).

(d). The description and quantity of the stores are to be furnished to theSeller along with concrete reasons for making the claims. Copies of all thejustifying documents shall be enclosed to the presented claim. The Seller willsettle the claims within 45 days from the date of the receipt of the claim at theSeller’s office, subject to acceptance of the claim by the Seller. In case noresponse is received during this period the claim will be deemed to have beenaccepted.

(e). The Seller shall collect the defective or rejected goods from thelocation nominated by the Buyer and deliver the repaired or replaced goods atthe same location under Seller’s arrangement.

(f). Claims may also be settled by reduction of cost of goods under claimfrom bonds submitted by the Seller or payment of claim amount by Sellerthrough demand draft drawn on an Indian Bank, in favor of PrincipalController/Controller of Defense Accounts concerned.

(g). The quality claims will be raised solely by the Buyer and without anycertification/countersignature by the Seller’s representative stationed in India.

23. Warranty–

(a). The following Warranty will form part of the contract placed on thesuccessful Bidder –

(i). Except as otherwise provided in the invitation tender, the Sellerhereby declares that the goods, stores articles sold/supplied to theBuyer under this contract shall be of the best quality and workmanshipand new in all respects and shall be strictly in accordance with thespecification and particulars contained/mentioned in contract. TheSeller hereby guarantees that the spares/assemblies/subassembliesrepaired would continue to conform to the description and qualityaforesaid for a period of 12 months from the date of Work Completion


issued by Contract Operating Officer to the Buyer or 15months fromthe date of shipment/dispatch from the Seller’s works whichever isearlier and that notwithstanding the fact that the Buyer may haveinspected and/or approved the said systems, if during the aforesaidperiod of 12/15 months the said systems be discovered not to conformto the description and quality aforesaid not giving satisfactoryperformance or have deteriorated, and the decision of the Buyer in thatbehalf shall be final and binding on the Seller and the Buyer shall beentitled to call upon the Seller to rectify the systems or such portionthereof as is found to be defective by the Buyer within a reason ableperiod, or such specified period as may be allowed by the Buyer in hisdiscretion on application made thereof by the Seller, and in such anevent, the above period shall apply to the goods/stores/articles rectifiedfrom the date of rectification mentioned in warranty thereof, otherwisethe Seller shall pay to the Buyer such compensation as may arise byreason of the breach of the warranty therein contained.

(ii). Guarantee that they will supply spare parts, if and when requiredon agreed basis for an agreed price. The agreed basis could be andincluding but without any limitation an agreed discount on the publishedcatalogue or an agreed percentage of profit on the landed cost.

(iii). Warranty to the effect that before going out of production for thespare parts they will give adequate advance notice to the Buyer of theequipment so that the latter may undertake the balance of the lifetimerequirements.

(iv). Warranty to the affect that they will make available the blue printsof drawings of the spares if and when required in connection with themain equipment.

OR

(b). The following Warranty will form part of the contract placed onsuccessful Bidder –

(i). The Seller warrants that the goods supplied under the contractconform to technical specifications prescribed and shall performaccording to the said technical specifications.

(ii). The Seller warrants for a period of 12 months from the date ofacceptance of stores by Joint Receipt Inspection or date of installationand commissioning, whichever is later, that the goods/stores suppliedunder the contract and each component used in the manufacturethereof shall be free from all types of defects/failures.

(iii). If within the period of warranty, the goods are reported by theBuyer to have failed to perform as per the specifications, the Sellershall either replace or rectify the same free of charge, within amaximum period of 45 days of notification of such defect received bythe Seller, provided that the goods are used and maintained by theBuyer as per instructions contained in the Operating Manual. Warrantyof the equipment would be extended by such duration of downtime.Record of the down time would be maintained by the user in the


logbook. Spares required for warranty repairs shall be provided free ofcost by the Seller. The Seller also undertakes to diagnose, test, adjust,calibrate and repair/replace the goods/equipment arising due toaccidents by neglect or misuse by the operator or damage due totransportation of the goods during the warranty period, at the costmutually agreed to between the Buyer and the Seller.

(iv). The Seller also warrants that necessary service and repair back upduring the warranty period of the equipment shall be provided by theSeller and he will ensure that the downtime is within __ % of thewarranty period.

(v). The Seller shall associate technical personnel of the Maintenanceagency and Quality Assurance Agency of the Buyer during warrantyrepair and shall also provide the details of complete defects, reasonsand remedial actions for defects.

(vi). If a particular equipment/goods fails frequently and/or, thecumulative down time exceeds 20% of the warranty period, thecomplete equipment shall be replaced free of cost by the Seller within astipulated period of 15 days of receipt of the notification from the Buyer.Warranty of the replaced equipment would start from the date ofacceptance after Joint Receipt Inspection by the Buyer/date ofinstallation and commissioning.

(vii). In case the complete delivery of Engineering Support Package isdelayed beyond the period stipulated in this contract, the Sellerundertakes that the warranty period for the goods/stores shall beextended to that extent.

(viii). The Seller will guarantee the shelf life of 01 years under theIndian tropical condition as given below:

(a) Minimum temperature - - 15’c

(b). Maximum temperature --- 40’c

(c). Average Humidity --- 75%

24. Engineering Support Package (ESP) clause- The following ESP clause willform part of the contract placed on successful Bidder –

(a). Repair Philosophy: The Engineering Support Philosophy shall confirmto the repair philosophy as follows:

(i). Unit level repairs - These are repairs carried out within the unitholding this equipment with tools generally held within the unit orsupplied by the manufacturer with each equipment or as per scaling of1:10 or any other scaling recommended by the manufacturer as perpopulation held in the unit. These pertain to cleaning, lubrications,minor repairs and replacement of components and minor assembliesthat can be carried out in field without any sophisticated tools or testequipment. For carrying out such repairs, the manufacturer is requiredto provide the following:-


(aa). Table of Tools and Equipment (TOTE) with eachequipment including operators manual.

(ab). Scaling of special tools and spares as mentioned aboveincluding Maintenance manual.

(ii). Field Repairs – These are repairs carried out in the field bytechnicians specially trained for this purpose and where the requiredspecial tools and spares have to be provided. These repairs comprisereplacement of major assemblies and other components beyond thescope of unit level repairs. Normally a field work shop that carries outsuch repairs looks after three to four units holding the said equipment.The manufacturer is required to provide the following:-

(aa). Quantity and specification of spares that need to bestocked for a population of required equipment.

(ab). Special Maintenance Tools and Test Equipment that needto be provided to each such field work shop. (The total numberof such facilities would also have to be stated based ondeployment pattern of the concerned equipment to carryout totalcosting).

(iii). Base overhaul - All repairs including repairs to components,subassemblies and overhaul of the complete equipment are carried outby this facility. Depending on the population of the equipment, one tofive such facilities may be established in India for this purpose (Theactual No would have to be stated for costing).The manufacturer isrequired to provide the following:-

(aa). All Special Maintenance Tools, jigs, fixtures and testequipment for carrying out repairs up to component level.

(ab). Quantity and specification of spares, sub assemblies asper population expected to be maintained.

(ac) Oils and lubricants necessary for overhaul.

(ad). All necessary technical literature.

(ae). Calibration facilities for test equipment. This level of repairdefines stripping and rebuilding of equipment in a Baseworkshop.

(c). Special Maintenance Tools and Test Equipment - This is to beformulated in a similar manner as explained for MRLS. A suggested format isgiven at Form DPM-17 (Available in MoD website and can be given onrequest) and is to be included in both Technical and Commercial Proposals.The cost column may be left blank in the Technical Proposal.

(d). Technical Literature - The details of technical literature to be suppliedwith the system should be listed as per the suggested format at FormDPM-18(Available in MoD website and can be given on request). This should beprovided with both Technical and Commercial Proposals. The cost columnmay be left blank in the Technical Proposal.


(e). Miscellaneous Aspects (Applicable only when trials are required) – Incases where the equipment is required to undergo trials, the equipment willalso be put through Maintenance Evaluation Test. Based on this evaluationand in consultation with the supplier, the MRLS may be refined. During usertrials it may be brought out that the equipment is acceptable subject tocarrying out certain modifications / improvements.

(f). Maintainability Evaluation Trials (MET). This is carried with aview to facilitate provisioning of effective engineering support during life cycleof the equipment. This would involve stripping of the equipment and carryingout recommended tests and adjustments and establishing adequacy ofmaintenance tools, test equipment and technical literature. MET details will begiven as per format given at Form DPM-20 (Available in MoD website and canbe given on request). To facilitate this process the Bidder is required toprovide the following:-

(i). Technical Literature.

(aa). User Handbook/Operators Manual in English and Hindi.

(ab). Design Specifications.

(ac). Technical Manuals.

(aca). Part I Tech description, specifications, functioningof various systems.

(acb). Part II Inspection/Maintenance tasks repairprocedures, materials used, fault diagnosis and use ofSpecial Maintenance Tools (SMTs)/Special TestEquipment (STEs).

(acc) Part III Procedure for assembly/disassembly,repair up to component level, safety precautions.

(acd). Part IV Part list with drawing reference and List ofSMTs/STEs Test Bench.

(ad). Manufacturers Recommended List of Spares (MRLS).

(ae). Illustrated Spare Parts List (ISPL) and along with theprices in the Commercial offer.

(af). Technical Manual on STE with drawing reference.

(ag). Complete Equipment Schedule.

(ah). Table of Tools & Equipment (TOTE) & carried spares.

(aj). Rot able list, norms of consumption, mandatory/ nonmandatory spares list for each system.

(ii). One set of Gauges

(iii). One set of Special Maintenance Tools (SMTs).


(iv). One set of Special Test Equipment (STEs).

(v). Servicing Schedule.

(vi). Condemnation limits.

(vii). Permissive repair schedule.

(viii). Packing specifications /instructions.

(ix). Design Specifications.

(x). Any additional information suggested by the OEM.

(g). Vendors quoting lesser ESP / MRLS in terms of range and depth willhave to make good the deficiency. The vendors quoting surplus items inESP /MRLS should agree to buy back the surplus spares.

25. Price Variation (PV) Clause– The following PV clause will form part of thecontract placed on successful Bidder (Note - DGS&D Manual provides StandardisedPrice Variation Clauses. Any of those clauses could be considered for inclusion. Asample clause is indicated below) –

(a). The formula for Price Variation should ordinarily include a fixedelement, a material element and a labor element. The figures representing thematerial element and the labor element should reflect the correspondingproportion of input costs, while the fixed element may range from 10 to25%.That portion of the price represented by the fixed element, will not be subjectto variation. The portions of the price represented by the material element andlabor element along will attract Price Variation. The formula for Price Variationwill thus be:-

P1 = Po {F + a (M1/Mo) + b (L1/Lo) - Po

Where P1 is then adjustment amount payable to the supplier (a minus figurewill indicate a reduction in the Contract Price)

Po is the Contract Price at the base level.

F is the Fixed element not subject to Price Variation

a is the assigned percentage to the material element in the ContractPrice.

b is the assigned percentage to the labour element in the ContractPrice.

Lo and L1 are the wage indices at the base month and year and at the monthand year of calculation respectively.

Mo and M1 are the material indices at the base month and year and at themonth and year of calculation respectively.

If more than one major item of material is involved, the material element canbe broken up into two or three components such as Mx, My, Mz . Where price


variation clause has to be provided for services (with insignificant inputs ofmaterials) as for example, in getting Technical Assistance normally paid in theform of per diem rates, the price variation formula should have only twoelements, viz. a high fixed element and a labour element. The fixed elementcan in such cases be 50% or more, depending on the mark-up by the supplierof the Per Diem rate vis-a-vis the wage rates.

(b). Following conditions would be applicable to Price Adjustment –

(i). Base dates shall be due dates of opening of price bids.

(ii). Date of adjustment shall be midpoint of manufacture.

(iii). No price increase is allowed beyond original DP unless thedelay is attributable to the Buyer.

(iv). Total adjustment will be subject to maximum ceiling of 10%.

(v). No price adjustment shall be payable on the portion of contractprice paid to the Seller as an advance payment.

26. Personal Search and code of conduct. Since the units are inside restrictedarea a thorough search of all persons and transport may be carried out at theentrance gate for as many times as the gate is used for entry or exit. An AMC cell,i.e. a suitable working place for engineers/technician of the firm and for storing spareparts/repair workshop, will be provided. This will be indicated by the ContractOperating Officer. A suitable lockable cupboard and table chair will be provided at thesite office, if available within our existing resources. The firm or his authorisedrepresentatives shall not communicate any information/data from computer tounauthorised persons


Part V – Evaluation Criteria & Price Bid issues

The broad guidelines for evaluation of Bids will be as follows:

(a). Only those Bids will be evaluated which are found to be fulfilling all theeligibility and qualifying requirements of the RFP, both technically andcommercially.

(b). The Lowest Bid will be decided upon the lowest price quoted by theparticular Bidder excluding taxes as per the Price Format given atAppendix B.

(c). The Bidders are required to spell out the rates of Customs duty, Exciseduty, VAT, Service Tax, etc in unambiguous terms; otherwise their offers willbe loaded with the maximum rates of duties and taxes for the purpose ofcomparison of prices. If reimbursement of Customs duty / Excise Duty /VAT isintended 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 pricesquoted are firm and final and no claim on account of such duties will beentrained after the opening of tenders. If a Bidder chooses to quote a priceinclusive of any duty and does not confirm inclusive of such duty so includedis firm and final, he should clearly indicate the rate of such duty and quantumof excise duty included in the price. Failure to do so may result in ignoring ofsuch offers summarily. If a Bidder is exempted from payment of Customsduty /Excise Duty / VAT duty up to any value of supplies from them, theyshould clearly state that no excise duty will be charged by them up to the limitof exemption which they may have. If any concession is available in regard torate/quantum of Customs duty / Excise Duty / VAT, it should be brought outclearly. Stipulations like, excise duty was presently not applicable but thesame will be charged if it becomes livable later on will not be accepted unlessin such cases it is clearly stated by a Bidder that excise duty will not becharged by him even if the same becomes applicable later on. In respect ofthe Bidders who fail to comply with this requirement, their quoted prices shallbe loaded with the quantum of excise duty which is normally applicable on theitem in question for the purpose of comparing their prices with other Bidders.The same logic applies to Customs duty and VAT also.

(d). In import cases, all the foreign quotes will be brought to a commondenomination in Indian Rupees by adopting the exchange rate as BC sellingrate of the State Bank of India on the date of the opening of Price Bids.

(e). If there is a discrepancy between the unit price and the total price that isobtained by multiplying the unit price and quantity, the unit price will prevailand the total price will be corrected. If there is a discrepancy between wordsand figures, the amount in words will prevail for calculation of price.

(f). The Lowest Acceptable Bid will be considered further for placement ofcontract / Supply Order after complete clarification and price negotiations as


decided by the Buyer. The Buyer will have the right to award contracts todifferent Bidders for being lowest in particular items. The Buyer also reservesthe right to do Apportionment of Quantity, if it is convinced that Lowest Bidderis not in a position to supply full quantity in stipulated time.

(g). Any other criteria as applicable to suit a particular case.

(h). The L1 is determined on the basis of cash outflow for the entirepackage. After determining L1 in the manner, negotiation will be held with thatfirm in respect of items for which rates quoted by the firm are higher thanthose quoted by other vendors. In such cases, negotiation with L1 vendor willbe done with reference to the lowest bid for that item (items). In case L1vendor does not reduce his price reasonably for high value items(s),possibility of concluding a fresh contract by issuing a separate RFP for suchitem(s) will be considered keeping in view the operational requirements.

(L Muthu Kumar) Commander Staff IT Officer


Appendix A to RFP for RRC for WNC MAN 2016-17

FORMAT FOR SUBMISSION OF BIDS

The Bid should consist of the following documents in sequence:-

(a) Index page indicating the bid contents with appropriate pagenumbers.

(b) Compliance matrix for Vendor Evaluation Criteria stated at Appendix Calong with the required supporting documents in the same sequence.

(c) EMD or EMD exemption certificate as the case may be.

(d) Any additional relevant document on Company Profile, Employee Profileetc.

(e) Assumptions, Exclusions, Concessions, Deviations on the Standard andSpecial Condition of RFP as per format as follows

Para of RFPSpecificationsItem-wise

Specificationof Item offered

Compliance toRFPspecification -whether Yes /No

In case ofnon-compliancedeviationfrom RFP tobe specified

(f) The Commercial Bid as per Appendix ‘B’.

Note- Bids not submitted in accordance with above performa would berejected.


Appendix B RRC for WNC MAN 2016-17

BILL OF MATERIAL FOR RATE CONTRACT OF WNC MAN

LABOUR COST

Ser Description UOM Price1 Laying of Cat6 UTP Cable (305 Meters) Meters2 Fixing and termination of Cat6 Information Outlet (I/O) Nos3 Fixing and termination Cat6 24 port JackPanel Nos4 Fixing and termination Surface Mount Box (SMB) for I/O Nos5 Crimping of RJ45 Connector Nos6 Laying 6 Core outdoor Singlemode OFC Meters7 Connectorisation of SC Connectors (Pigtail by Splicing) Nos8 Connectorisation of LC Connectors (Pigtail by Splicing) Nos9 Fixing of SC Coupler Nos10 Fixing of LC Coupler Nos11 Fixing and Mounting 12 Port LIU Nos

12Laying /Fixing/clamping of 1" PVC Casing/pipe on trench/fall ceiling/tray/wall

Meters

13Laying /Fixing/clamping of 1.5" PVC Casing /Pipe on trench/fall ceiling/tray/wall

Meters

14 Laying of Raceway on trench/fall ceiling/tray/wall Meters

15Laying / fixing / clamping of HDPE Pipe on trench/fall ceiling/tray/wall

Meters

16

Fixing 6 U Wall Mount Rack with standard internal size and external size with minimum of width 21" & depth 23" with accessories 9 2 fan tray, cable managers-3 nos, 6socket powr strip, front glass door with lock ,hardware packet)

Nos

17

Fixing 9U Wall Mount Rack with standard internal size and external size with minimum of width 21" & depth 23" with accessories 9 2 fan tray, cable managers-3 nos, 6socket power strip, front glass door with lock ,hardware packet)

Nos

18

Fixing 12U Wall Mount Rack with standard internal size andexternal size with minimum of width 21" & depth 23" with accessories 9 2 fan tray, cable managers-3 nos, 6socket power strip, front glass door with lock ,hardware packet)

Nos

19

Fixing 32U Wall Mount Rack with standard internal size andexternal size with minimum of width 21" & depth 23" with accessories 9 2 fan tray, cable managers-3 nos, 6socket power strip, front glass door with lock ,hardware packet)

Nos

20Fluke Testing and CD Documentation of UTP Cabling & Data Points

Per Point

21 OTDR Testing and CD Documentation of OFC per core Nos22 Termination / Splicing of OFC Cable Per Core Nos


23 Splicing of Outdoor OFC in the event of breakage per core Nos24 Cable dressing Marking for UTP cable individual point wise Nos

25

Per meter cost of land excavation, digging (1ft width * 2ft depth) of all types of soils, Tar Road or concrete, laying the OFC cable within the gi/hdpe pipe and backfilling with brick sand bed.

Meters

26Providing the cement markers ( supply and installation of route markers)

Meters

27 Man Power ( 2 persons) cost per day charges Nos28 Lum Sum Charges for additional Items Per scope of Work Nos29 Cleaning of Network Racks Half yearly Nos

30Closing/Packing of unwanted /unused opening of network Racks

Nos

MATERIAL COST

Ser Description UOM Price1 Cat6 SL Series Patch Cords - 4 Feet-Black Nos2 Cat6 SL Series Patch Cords - 7 Feet-Black Nos3 CAT6 INFORMATION OUTLET (I/O) Nos4 1-port Surface Mount box Nos5 1-port British-style shuttered faceplate Nos6 2-port British Style Shuttered faceplate Nos

7Cat 6 UTP RJ 45 Jack with Strain relief and bend limitingboot(100 no in a box)

Box

8 4-pair, Cat6 UTP Cable, roll of 305m Box

9Cat 6 24-port loaded Jack panel, with integrated CableManager, SL-Series, 1U

Nos

106 core optical fiber cable (ofc) , altos lite gel-free,singljacket/single armor, single mode outdoor cable.

PerMeter

11 SC-Style Pigtail, 9/125, Singlemode, 1.5 meter Nos12 LC-Style Pigtail, 9/125, Singlemode, 1.5 meter Nos

13Rack mount 19" 1 U 12 Fiber LC type LIU accept twoadapter panel with plates.

Nos

14Rack mount 19" 1 U 12 Fiber SC type LIU accept twoadapter panel with plates.

Nos

15Rack mount 19" 1 U 24 Fiber LC type LIU accept fouradapter panel with plates.

Nos

16 Adaptor Panels with Loaded 6 LC SM duplex Adaptor Nos17 Adaptor Panels with Loaded 6 SC SM duplex Adaptor Nos18 SC-SC Style Singlemode Duplex Patch Cord, 3 Meter Nos19 SC-LC Style Singlemode Duplex Patch Cord, 3 Meter Nos20 LC-LC Singlemode Duplex Patch Cord, 3 Meter Nos

21

6 U Wall Mount Rack with standard internal size andexternal size with minimum of width 21" & depth 23" withaccessories 9 2 fantray, cable managers-3 nos, 6socketpowr strip, front glass door with lock ,hardware packet)

Nos


22

9 U Wall Mount Rack with standard internal size andexternal size with minimum of width 21" & depth 23" withaccessories 9 2 fantray, cable managers-3 nos, 6socketpower strip, front glass door with lock ,hardware packet)

Nos

23


Nos

24


Nos

25 marker tie (nylon) 2.5mm 10cm (packet) Nos26 cable tie (nylon) 4mm 15cm(packet) Nos

271" PVC Casing/pipe and Couplor and clamp (for OpenConducting)

PerMeter

281.5" PVC Casing /Pipe and Couplor and clamp (for OpenConducting)

PerMeter

29 32 mm HDPE Pipe (High Grade)Per

Meter30 Supply of Outdoor OFC Joint Kit Nos

31Race Way 2 " with Tag, Screws, top cover

PerMeter

32Race Way 4 " with Tag, Screws, top cover

PerMeter

33 1" Conduit Flexible Pipe for WiringPer

Meter35 Fiber Module all types Nos

36Supply of 1" gi pipe ( Per meter cost) with coupler andbends and all hardware to install it

PerMeter

37 Supply of STP cables with STP ConnectorsPer

Meter38 Ventilation FAN replacement Nos39 Repair of L3 Switch 8 ports copper/SFP Nos40 Repair of L3 Switch 16 ports copper/SFP Nos41 Repair of L3 Switch 24 ports copper/SFP Nos42 Repair of L3 switch 48 ports copper/SFP Nos43 Repair of L2 Switch 6 ports Nos44 Repair of L2 switch 16 Ports Nos45 Repair of L2 Switch 24 Ports Nos46 Repair of L2 Switch 48 Ports Nos47 Repair of UTM (Hardware base) Nos48 Repair of Firewall (Hardware base) Nos49 Repair of Router 02 serial port and 02 fast ethernet ports Nos50 Repair of Router 04 serial port and 02 fast ethernet ports Nos51 Repair of Router 06 serial port and 02 fast ethernet ports Nos52 Repair of Media Converter 10/100 Mbps Nos53 Repair of Media Converter 10/100/1000 Mbps Nos54 Repair of Media Converter 10/100/1000/10000 Mbps Nos55 Repair of Fiber Module Nos


Appendix C to RFP for RRC for WNC MAN 2016-17

VENDOR EVALUATION COMPLIANCE MATRIX

Ser Paraof

RFP

CRITERIA Complian

ceStatus

(Yes/No)

Reasonsfor

Non-Complian

ce

SupportingDocumentsRequir

ed

1. - The SELLER must haveundertaken at least Twosimilar projects havingvalue not less than 25 Lakhor single project on lessthan 50 Lakh of providingAMC services for a CAN /MAN / WAN in the last 3years in govt, defense orPSUs only. Vendor shouldsubmit satisfactory reportof the customer along withPOs

Yes.

2. - Certificate / Authorizationfrom CISCO and HP forproviding services andAMC support forCISCO/HP components ofWNC MAN.

Yes.LetterfrombothOEMandcertificate

3. - The SELLER must be anIndian IT company andpossess ISO 20001:9000or equal certifications

Yes

4. - The SELLER are to give anundertaking that theSELLER has not beenblacklisted by any Govt.organisation from the dateof submission of Bid

Yes

5. The SELLER must give anundertaking that the AMCwould be undertaken onlyby employees of theSELLER and not to sub-contractor.

6. The SELLER must give anHeadquarters, Western Naval Command

undertaking that theSELLER will not hireservices of any foreignagency or foreign nationalat any stage of the AMC.

7. The SELLER musthave valid serviceTax registration.

8. The firm shouldhave a full-fledgedoffice with ServiceCentre in Mumbaicompulsorily withminimum of 25employees on itsdirect payroll andhaving an annualturnover of Rs 200Lakh.

Yes

9 Part –I General Information10 06 Forwarding of Bids12 08 Right of Acceptance or

Rejection of Tender13 10 Validity of Offer : 180 Days14 11 EMD deposit15 Part II Essential Details of

Items/ ServicesRequired

16 05 to25

Scope of work,Compliance to Specifications

Part III Standard condition of tender enquiry

18 1 to 3 Standard Conditions of Tender Enquiry

4 Arbitration19 5 Penalty for use of undue

influence6 Agent/agency Commission

20 9 to 10 Liquidated Damages, , termination of Contract

21 11 Notices15 Taxes and DutiesPartIV

Special Conditions

23 1 Performance bond/ bank guarantee, security deposit

24 4 Tolerance clause25 5 Payment Terms26 8 Paying Authority27 9 Fall Clause28 10-11 Risk & Expense clause


Force Majeure29 17 Quality Assurance30 18 Inspection31 23 Warranty

Signature & Stamp of SELLER

Note – In case necessary documentary proofs are not enclosed the SELLER would be rejected during Technical Evaluation.
