View Document - Tenders India

View Document - Tenders India
आयध
ु नमाणी बड़माल
Ordnance Factory Badmal,
(आयुध नमाणी बोड क एक इकाई)
(A unit of Ordnance Factory Board)
डाकघर : आ. न.बड़माल, िजला : बलांगीर, ओ ड़शा, पन : 767 070
फैक् स : 06655-250561/250271, फोन: 06655-250 969 – 973, ई-मे ल: [email protected]
At/Po: O.F.Badmal, Distt: Bolangir, Odisha, PIN: 767 070,
FAX: 06655-250561/250271, Phone: 06655-250 969 – 973, e-mail: [email protected]
(All correspondences are to be addressed to THE GENERAL MANAGER and not any officer by name)
भा र ती य आ यु ध न मा ण यां , र ा मं ा ल य
Indi an O r dnanc e Fac tor i e s, M i ni str y of De fe nce
GOVERNMENT OF INDIA, MINISTRY OF DEFENCE
ORDNANCE FACTORY BADMAL, BOLANGIR
OPEN TENDER ENQUIRY
Invitation of Bids for “Supply, Installation, Testing and Commissioning of High Quality Fast-Acting
CCTV Surveillance System,” Qty: 01 Set.
Tender Enquiry TE No.: 3350/02NC (2014-15)/CCTV/2017-18/EO
1.
General Manager, Ordnance Factory, Badmal, Distt: Bolangir (Odisha), PIN: 767070, on behalf
of the President of India invites Tender application through e-procurement in two bid system for the
below mentioned work/items from Indian Suppliers.
Tenderers have to enroll themselves as vender at Ordnance Factory, Bolangir under Area of
Interest / Procurement Type Plant & Machinery through e-procurement in the website:
https://www.ofbeproc.gov.in positively as Tender documents will not be issued from this office. The
individual Document cost/ Tender fees is NOT APPLICABLE being e-tender case. However, the EMD
should be in the form of an Account Payee Demand Draft, Fixed Deposit Receipt, Banker's Cheque or
Bank Guarantee from any of the public sector banks as per Form enclosed. EMD shall be in favour of
“General Manager, O. F. Badmal”, payable at SBI Badmal, Branch Code: 8703. The EMD is to be
forwarded directly to General Manager, Ordnance Factory Badmal, Distt: Bolangir, Odisha -767 070 by
post / by Hand to OFBL clearly mentioning the Tender Enquiry No: 3350/02NC (2014-15)/CCTV/201718/EO on the top of the envelope before tender opening date and time. Firms submitting the bid without
payment of EMD will be considered as non responsive and shall be rejected.
2.
The address and contact numbers for sending Bids or seeking clarifications regarding this TE are
given below –
(a)
Bids/queries to be addressed to: - The General Manager, Ordnance Factory Badmal.
(b)
Postal address for sending the Bids: - At/Po: O. F. Badmal, Distt: Bolangir, State Odisha,
Country: India, PIN: 767 070
(c)
Name/designation of the contact person: - Dr. H.B.PANDA, Jt. General Manager.
(d)
Telephone numbers of the contact person: - 06655-252031 & 06655-252046
(e)
E-mail ID of contact person: - [email protected]
(f)
Fax number: - 06655-250561/250271
3.
This TE is divided into five Parts as follows:a.
Part I - Contains Instructions for Tenderers i.e. general information and instructions about the TE
such as the time, place of submission and opening of tenders, Validity period of tenders, etc.
b.
Part II - Contains the Technical Specifications of the items/services required, including all
technical data, drawings etc.
c.
Part III - Contains Standard Conditions of Contract, which will form part of the Contract with the
successful Bidder.
Page 1 of 38
d.
Part IV - Contains Special Conditions of Contract applicable to this TE and which will also form
part of the contract with the successful Bidder.
e.
Part V - Contains Evaluation Criteria and Format for Price Bid.
4.
This TE is being issued with no financial commitment and the Buyer reserves the right to change
or vary any part thereof at any stage. Buyer also reserves the right to withdraw the TE, should it become
necessary at any stage.
5. Formats for EMD bank guarantee, PBG and Warranty Bond (as applicable) are enclosed.
(Dr. H.B.PANDA)
Jt. General Manager
For General Manager
For and on behalf of President of India
Page 2 of 38
1.
Part I - Instructions for Tenderers
Last date and time for depositing the Bids:
DATE
TIME
D D M M Y Y Y Y H H M M
The sealed Bids (both Technical and Price) should be submitted by the due date and time. The
responsibility to ensure this lies with the Bidder.
2.
Date and Time for opening of Bids:
DATE
TIME
D D M M Y Y Y Y H H M M
(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). Tenders received after the due time will not be opened.
3.
Manner of submitting the Bids:-
i.
Bids shall be accepted by electronic mode through our website: “https://ofbeproc.gov.in”.
ii.
The submission of EMD through electronically mode is not presently applicable till
implementation of electronic payment system. However, it has to be submitted at ORDNANCE
FACTORY BADMAL on or before the tender opening date, but scanned copies must be
attached with the online tender. The DD/Pay order should be in favour of "The General
Manager, Ordnance Factory Badmal" payable at “State Bank of India, Badmal,” “Code:8703”.
iii.
Corrigendum, if any, will be published on this website only, not in the news papers.
iv.
The e-tenders will be opened on the specified opening date after which Tenderers can
see all the submitted tenders online through their account. The detailed help is available on the
website.
4.
Validity of Bids: The Bids should remain valid till 6 (Six) months from the last date of
submission of the Bids.
5.
Bidding Procedure: Bids are invited under single stage double cover bidding procedure. Only
the Technical Bids would be opened on the time and date mentioned above. Price Bids of only those
firms will be opened, whose Technical Bids are found compliant/suitable after technical evaluation is
done by the Buyer. Date of opening of the Price Bids will be intimated in advance to the successful
Bidders whose offers have been found technically acceptable.
6.
Forwarding of Bids – Bids should be forwarded by Bidders under their original memo/ letter pad
with telephone numbers and complete postal & e-mail address of their office. Indian firms are required to
furnish additional details like TIN number, VAT/CST number, Bank address with EFT Account, etc.
7.
Language of documents: All Design Engineering Data, Drawings, Manuals, Literatures,
Documents etc shall be in English/Hindi only and shall be as per standard engineering practice. If any
other language is used along with English, the English version will be taken as authentic for any and all
purpose. Only metric units and no other units shall be used in all drawing, documents etc.
8.
Clarification regarding contents of the TE: A prospective bidder who requires clarification
regarding the contents of the bidding documents shall notify to the Buyer in writing about the
clarifications sought not later than one month prior to the date of opening of the Bids. Copies of the
queries and clarifications by the purchaser will be sent to all prospective bidders who have received the
bidding documents.
9.
Modification and Withdrawal of Bids: A bidder may modify or withdraw his bid after
submission provided that the written notice of modification or withdrawal is received by the Buyer prior to
deadline prescribed for submission of bids. A withdrawal notice may be sent by fax but it should be
followed by a signed confirmation copy to be sent by post and such signed confirmation should reach
the purchaser not later than the deadline for submission of bids. No bid shall be modified after the
deadline for submission of bids. No bid may be withdrawn in the interval between the deadline for
Page 3 of 38
submission of bids and expiration of the period of bid validity specified. Withdrawal of a bid during this
period will result in Bidder’s forfeiture of bid security.
10.
Clarification regarding contents of the Bids: During evaluation and comparison of bids, the
Buyer may, at its discretion, ask the bidder for clarification of his bid. The request for clarification will be
given in writing and no change in prices or substance of the bid will be sought, offered or permitted. No
post-bid clarification on the initiative of the bidder will be entertained.
11.
Rejection of Bids: Tender is liable to be ignored if complete information is not given therein or if
the particulars and data (if any) asked for in the schedule to the tender, are not fully filled in. Conditional
tenders will be rejected. Canvassing by the Bidder in any form, unsolicited letter and post-tender
correction may invoke summary rejection with forfeiture of EMD.
12. Right of Acceptance of Offer: The purchaser reserves his right to accept or reject any offer without
assigning any reason thereof. The purchaser does not pledge to accept the lowest or any tender and
reserves the right of acceptance of the whole or any part of the tender or portion of the quantity offered
and the tenderer shall supply the same at the rate quoted. Tenderer is at liberty to tender for the whole
or any portion or to state in the tender that the rate quoted shall apply only if the entire quantity is taken
from him.
13.
Earnest Money Deposit (Bid Security):–
a.
Bidders are required to submit Earnest Money Deposit (EMD) for amount of Rs. 1,28,030.00
(Rupees One Lakh Twenty-eight Thousand Thirty Only) along with their bids. Bids received without
EMD shall be summarily rejected without technical evaluation. The EMD may be submitted in the form of
an Account Payee Demand Draft, Fixed Deposit Receipt, Banker's Cheque or Bank Guarantee from any
of the public sector banks as per Form enclosed. EMD shall be in favour of “The General Manager
Ordnance Factory Badmal" payable at “State Bank of India, Badmal,” “Code: 8703.”
b.
EMD is to remain valid for a period of forty-five days beyond the final bid validity period. EMD of
the unsuccessful bidders will be returned to them at the earliest after expiry of the final bid validity and
latest within one month after the award of the contract. The Bid Security of the successful bidder would
be returned, without any interest what so ever, after the receipt of Performance Security from them as
called for in the contract.
c.
EMD is not required to be submitted by those Bidders who are registered with the Central
Purchase Organization (DGS&D), National Small Industries Corporation (NSIC) for similar Plant &
Machinery.
d.
The EMD will be forfeited if the bidder withdraws or amends impairs or derogates from the tender
in any respect within the validity period of their tender.
14.
Signing of tender:
(a)
The tender should be signed by a competent authority holding power of attorney to handle such
job on behalf of tendering firm and this fact must be stated explicitly.
(b)
Individual signing the tender or other documents connected with a contract must specify whether
he signs as:
(i)
‘Sole Proprietor’ of the firm or constituted attorney of such Sole Proprietor.
(ii)
A partner of the firm, if it be a partnership, in which case he must have authority to quote & to
refer to arbitration dispute concerning the business of the partnership either by virtue of the partnership
agreement or a power of attorney;
(iii)
Constituted attorney of the firm if it is a company.
(c)
In case of (b)(ii) above, a copy of the partnership agreement or general power of attorney, in
either case, attested by a Notary Public should be furnished or affidavit on stamped paper of all the
partners admitting execution of the partnership agreement or the general power of attorney should be
furnished.
(d)
In case of the partnership firms, where no authority to refer disputes concerning the business of
the partnership has been conferred on any partner, the tender and all other related documents must be
signed by every partner of the firm.
(e)
A person signing the tender form or any documents forming part of the contract on behalf of
another shall be deemed to warranty that he has authority to bind such other persons and if, on enquiry,
it appears that the persons so signing had no authority to do so, the purchaser may, without prejudice to
Page 4 of 38
other civil and criminal remedies, cancel the contract and hold the signatory liable for all costs and
damages.
(f)
In case of manual TE, each page of the tender, schedule to tender and Annexure, if any, should
be signed by the tenderer.
15.
Technical Bid
(a)
The tenderer shall carefully check the specifications and drawings and shall satisfy himself of the
suitability of the equipment being offered and shall take full responsibility for the efficient operations and
guarantee of specified output of the Plant and equipment offered.
(b)
The offer should be complete in all respects along with supporting documents and technical
literature like catalogue, test charts, list of customers of similar m/c, performance feedback reports from
users etc.
(c)
The tenderer is at liberty to offer alternative quotations for any modifications/substitutes he
considers advisable giving full reasons in support thereof. However, it will not be binding on purchaser to
accept it in part or full.
(d)
The offer should conform to technical specifications and the conditions of contract. However,
deviations, if any, should be clearly brought out by the tenderers.
(e)
The tenderer should invariably attach with their offer a clause-wise compliance statement against
all the parts (I) to (V) of the TE, in the specified format (see para - Compliance to Tender Clauses),
stating where they meet requirement in toto and where and how they deviate giving full details and
remarks if any.
(f)
The tenderer should certify in the technical bid that the price-bid contains item-wise price as
specified in Technical Specification.
(g)
In order that no clarification is needed after opening of Price Bid of technically acceptable offers,
it is essential that the un-priced copy of the price bid (REPEAT UNPRICED) along with other terms &
conditions should be enclosed with the Technical Bid.
(h)
The tenderer shall inspect the site if considered necessary and shall satisfy himself of site
conditions and shall collect himself any other information which he may require before submitting the
tender. Claims and objections due to ignorance of site conditions will not be considered after submission
of the tender.
(i)
Incomplete quotations or quotations without toolings and fixtures in case of Tooled-up machines
are liable to be ignored.
16.
Price Bid
(a)
In the Price bid, the tenderer shall include all elements of cost of Plant and Equipment strictly as
per the scope of supply & services specified in technical specification. The price shall be item wise in
accordance with and as stated in the specification. If the work is of turn-key nature, the vendor will be
responsible for complete execution of the plants including construction of buildings and
civil/electrical/instrumentation/mechanical works as specified in the scope of work.
(b)
Rates for Spares should be quoted separately item-wise and not to be included in the price of the
machine. The price quoted for spares by the firms will not be taken into account for deciding the ranking
position of the firm.
(c)
For all plants, equipments, accessories, spares etc. of indigenous source, prices shall be quoted
in Rupees for delivery ex-works. Statutory duties e.g. excise duty, VAT/sales tax, service tax etc. if
applicable, should be indicated separately and distinctly. The freight charges, if any, shall be quoted
separately. However, order if any, will be on Delivery at destination (DAP) basis wherein freight charges,
insurance charges, taxes and duties etc. will be paid on actual against documentary proof. Presently the
entry tax as applicable in Odisha state is 2%. The tenderer (other than Odisha) should quote considering
entry tax.
17.
Technical Capacity:
(a)
The tenderer shall satisfy the purchaser that he possesses the necessary technical experience
and qualification and that he has at his disposal suitable modern facilities and staff of specialized nature
to ensure that his contract work is of best quality and workmanship, according to the latest engineering
practice. The tenderer shall furnish necessary particulars in this behalf with the tender.
(b)
In this regard the tenderer shall submit a detailed statement of similar plants/ machines built by
him at least during the last 5 years and name and full address of the customers with order No., date of
supply and performance report thereof.
Page 5 of 38
18.
Financial Capacity:
i.
The tenderer shall produce satisfactory proof that he is financially in a position to fulfill the
contractual obligations offered to be undertaken by him, e.g. showing average annual turnover during
last three years, values of orders executed during the past seven years, etc.
ii.
In the case of Indian tenderer, the following shall also be submitted with their technical bid.
(a)
Copies of last three years annual report indicating profits and losses.
(b)
Copies of Partnership deeds.
(c)
Copy of certificate of incorporation and Articles of Association.
(d)
Copies of ownership documents in respect of manufacturing plant.
(e)
General power of attorney in favour of any signatory, other than the owner/head of the firm.
(f)
Affidavit that the firm has never been banned.
19.
Legal Capacity:
The tenderer shall satisfy the purchaser that he is competent and authorized to submit tender
and/or to enter into a legally binding contract with the purchaser. To this effect, any person giving a
tender shall render documentary evidence that his signature on the tender, submitted by him is legally
binding upon himself, his firm or company as the case may be.
20.
Compliance to Tender Clauses:
Bidders are required to furnish clause by clause compliance of TE clauses/ specifications
bringing out clearly the deviations from TE, if any. The Bidders are advised to submit the compliance
statement in the following format along with Technical Bid –
Sl.
Para of TE
clauses /
specifications
Compliance:
Yes / No
Details
Page 6 of 38
In case of noncompliance,
deviation to be indicated
A.
i.
ii.
B.
Part II – Technical Specifications
Schedule of Requirements:Short description (Name) of Plant / Machine: - “Supply, Installation, Testing and
Commissioning of High Quality Fast-Acting CCTV Surveillance System.”
Detailed description and quantity: - “Supply, Installation, Testing and Commissioning of High
Quality Fast-Acting CCTV Surveillance System.” Qty: 01 Set.
TECHNICAL SPECIFICATIONS FOR SURVILANCE CCTV SYSTEM AT OFBL:
B.
1
2
3
4
4.1
4.2
4.3
4.4
4.5
4.6
4.7
5
6
7
7.1
7.2
7.3
7.4
7.5
8
SCOPE OF SUPPLY:Supply, Installation, Testing & Commissioning of high quality fast-acting “Surveillance
CCTV System” along with power supplies, earthing, power distribution, cabling/wiring of
power as well as signal network and all the required accessories at 07 different
Locations in OFBL premises as mentioned below. The “Surveillance CCTV System”
shall ensure effective surveillance of an area as well as to provide a tamperproof record
for post event analysis. The System shall provide an online display of video & images
on TFT monitors/Video Wall/Large plasma monitors located in Central as well as Local
Control Rooms.
System should facilitate viewing of live as well as recorded images & Video and
controlling of all Cameras (Pan, Tilt and Zoom) from the Central as well as Local
Control Rooms by the authorized users only on LAN.
System should provide inter-operability of hardware, OS, software, networking, printing,
database connectivity, reporting, and communication protocols. System expansion
should be possible through off-the-shelf available hardware.
The “Surveillance CCTV System” shall be installed at the following 07 (seven)
locations:Gate No: I
Gate No: II
Administrative Bldg. Gate
Gate No: III
Four Storage Buildings
MES Gate
PHAPSI Gate
The System installed at (i) Gate No: III (1.4.4) shall be connected to Factory’s OFC
Network at Unit-1 through OFC by laying new OFC cable & (ii) Four Storage Buildings
(1.4.5) shall be connected to Factory’s OFC Network at Unit-5 through OFC by laying
new OFC cable. Whereas, the system installed at (i) MES Gate shall be extended
through the existing telephone cable network by using LAN Extender and to be linked
at Gate No-II & (ii) PHAPSI Gate shall also be extended through the existing telephone
cable network by using LAN Extender and to be linked at Gate No-I. Thus the further
link shall be established with the existing OFC Networking of Factory through the
switch. However, all the systems installed at (i) Gate-I, (ii) Gate-II & (iii) Administrative
Bldg. Gate shall be linked with the existing OFC Network system of Factory available at
these locations through SWITCHES. Monitoring of the above locations for viewing of
live as well as recorded images/videos and controlling of all Cameras (Keyboards
/Mouse/ Joystick Controllers) of the systems of the above locations must be facilitated
at Gate-I (Control room).
The above work will be undertaken on turnkey basis. The specification for the work
envisaged herein and the related items there to are for reference and items/
equipments / accessories with better/advance specifications/version shall be accepted
by OFBL on documentary proof for better/advance & higher throughput.
General Site Conditions:Max. Ambient Temperature : 55 degree C and 50 degree C ( designed)
Min. Ambient Temperature : 4 degree C
Max. R H : 97%
Min. R H : 30%
Altitude : 1000 meters
Inspection/Visiting of site:
Page 7 of 38
9
10
11
12
13
14
14.1
14.2
14.3
14.4
14.5
14.6
14.7
14.8
15
15.1
15.2
15.3
15.4
15.5
15.6
16
16.1
16.2
The bidder should Visit & Inspect the site and its surrounding and take an examination
of the site and shall satisfy himself as to the nature of the ground and sub soil, the
quantities and nature of work, materials necessary for completion of the work and their
availability, means of access to site and in general to obtain all necessary information
as to risks, contingencies and other circumstances which may influence or affect his
offer. No extra claim consequent on any misunderstanding or otherwise shall be
allowed.
Successful Integrated testing and commissioning of “Surveillance CCTV System” on
LAN has to be established by the firm at site to treat the work as completed in all
respect.
Any other items/accessories required for installation, testing and commissioning of
“Surveillance CCTV System” but has/have not been mentioned categorically to be
deemed to be in the scope of work. Firm may give its scope with BOQ and justification.
The bidder must ensure UPS power back up of each Network, recording and display
equipments/devices.
Power supply :- 230 V ± 10 % , 50 Hz ± 5%, Single Phase or/and 415 V ± 10%, 50 Hz ±
5%, Three Phase supply shall be made available as Input. Bidder’s scope shall include
complete power distribution along-with separate & independent earthing (< 2 Ω) for
each network equipment and UPS for “Surveillance CCTV System” including complete
cabling work, DBs and required electrical accessories with suitable protection devices
from UPS (in bidder’s scope) of required capacity and UPS output to IP CCTV Cameras
/Control devices etc. The system should be able to operate in night light condition, with
normal illumination.
The system MUST be able to use one particular frame rate and resolution at Day time
and automatically switch to another frame rate/resolution profile when low light
conditions occur.
The work/workmanship involved for Supply, Installation, Testing & Commissioning of
high quality fast-acting “Surveillance CCTV System” shall be followed by standard
engineering practice.
Drawings shall be submitted in standard sizes in quadruplicate along with its soft copy
and the relevant documents as mentioned below.
CCTV System and Network detail layout drawing.
Installation drawing for each item.
Bill of Materials.
Cable connectivity drawings and cable schedule.
Power distribution scheme.
Specifications and data sheet for each item with Test Report of stated/rated throughput
of Network equipments/accessories.
List of software and software licenses. Only genuine and licensed software must be
used.
Test certificates, Internal test reports etc.
In addition to above, the system supplier shall submit all of the following for System
Documentation.
System configuration diagrams in simplified block diagram format.
Manufacturer's instructions and drawings for installation, maintenance, and operation of
all purchased items.
Overall system operation and maintenance instructions-including preventive
maintenance and troubleshooting instructions.
A list of all functions available and a sample of function block programming that shall be
part of delivered system.
Test certificates and internal test reports for each item
Operation and maintenance manuals.
Condition for Quality assurance:The entire system shall be installed and commissioned from a single vendor to assure
reliability and continued service.
The vendor shall be required to train and instruct client's personnel in the correct use,
operation, maintenance and supervision of the system, preferably prior to the handing
over of the project and 3-4 days hands on training must be imparted by the
Page 8 of 38
16.3
16.4
17
17.1
17.2
C.
1
2
3
4
5
6
7
8
9
10
11
bidder/contractor.
The supplier shall be responsible for Inspection and Quality Assurance (QA) for all
materials and workmanship furnished.
As supplier/bidder may or may not be the OEM of the items under Scope of Work.
However, the supplier/bidder must stand guarantee himself for all the items supplied
and for no item the supplier will re-route, divert and relink the guarantee of the
individual items to OEM/Retailer/Authorized Distributer etc.
Testing:Maximum reliability shall be achieved through extensive use of high-quality, user
throughput and rated performance. Each and every item shall be individually tested by
the manufacturer/supplier prior to supply.
Tools, Testing and Calibration Equipment: The supplier shall provide all tools, testing,
and calibration equipment necessary to ensure reliability and accuracy of the system.
Note:1. All the NVR & Camera Server specified and to be used for the system are of identical
type.
2. OEM of Cameras, Encoders, Decoders, NVR, Servers, NAS box/Raid backup
device, Workstations, Monitors, and Switches shall be of make either of L&T/Honey
Well/ Axis / Bosch / Panasonic / Pelco (Schneider) / Sony / CISCO / Schneider & the
offered products must be CE Certified.
GENERAL SPECIFICATIONS:Proposed “Surveillance CCTV System” shall be an open standard based integrated
system with IP network centric functional and management architecture aimed at
providing high-speed manual/automatic operation for best performance.
System shall use high quality, high resolution (≈2-3MP) Image and video signals from
different sources of outdoor CCD/CMOS IP cameras installed at different locations,
process them for viewing on Workstations/Monitors at Central Control Room/Local
Control Rooms and simultaneously record all the cameras after loss-less compression
using MPEG 4 or better standard. Mouse-Keyboard controllers shall be used for Pan,
Tilt, Zoom, and other functions of desired within the cameras without loosing high
contrast and high resolution.
System shall have of Digital CCD (Charge-Coupled Device) Colour video Cameras with
individual IP address, analog CCD (Charge-Coupled Device) Colour Video Cameras
with P/T/Z Lens, Network Video recorders (NVR/CAMERA SERVER) inbuilt with 6TB
Network Attached Storage (NAS) / Raid Backup Device for recording, Application
software, Colour Video Monitors, Mouse-Keyboard, software based Video Matrix
Switcher, Workstation for System Administration / Management / Maintenance etc.
The NVR / CAMERA SERVER must be Server-client architecture based. However the
NVR/CAMERA SERVER software shall run on common off the shelf available servers
PCs (Camera server & Database server). Each NVR / Camera Server shall be able to
handle at least 30 or more cameras simultaneously.
Network Video Recorder shall offer both video stream management and video stream
storage management. Recording frame rate & resolution in respect of individual
channel shall be programmable by the user.
System should ensure that once recorded, the video cannot be altered; ensuring the
audit trail is intact for evidential purposes.
System shall provide sufficient storage of all the camera recordings for a period of 30
days or more @ 25 FPS, at 4 CIF or better quality using necessary compression
techniques for all cameras (extended capacity of cameras). The video must be
convertable to MPEG4 and AVI format.
System shall use a combination of IP enabled cameras & analog CCD cameras with
external encoder. The video shall be compressed using MPEG-4 or better standard and
streamed over the IP network (LAN of the Factory).
The recording resolution and frame rate for each camera shall be user programmable.
The Area under surveillance shall be monitored and controlled simultaneously from
Central/Local Control Room(s) through workstations and Joystick controllers.
Surveillance CCTV System shall operate on 230 V, 50 Hz single -phase power supply.
Power for all the equipment will be conditioned using on-line UPS with minimum 30
Page 9 of 38
12
13
D.
1
2
3
4
5
6
7
8
9
10
11
12
13
E.
1
2
3
4
5
minutes or more back up. If any equipment operates on any voltage other than the
supply voltage and supply frequency, necessary conversion/correction device for
supply shall be supplied along with the equipment.
All the control equipments e.g. servers, NVR/CAMERA SERVER, NAS/Raid backup
device, decoders etc. shall be provided in standard floor mounted/wall mounted Racks.
All the cameras to be used for this system shall be of Outdoor type with the enclosure
IP66 degree of protection & shall be suitable for operation from (-) 100C to (+) 500C with
RH up to 90% non-condensing. This temperature & weather specified above is for
indicative only and the system should withstand any variation of ambient temperature
as well as weather condition arising throughout at this locality.
SYSTEM REQUIREMENTS:IP Camera (with inbuilt en-coder) shall be used for image and video capture.
All the cameras shall be of outdoor type and of Fixed Dome or PTZ (Pan/Tilt & Zoom)
lens cameras as per site requirement. All outdoor Cameras shall be of Day/Night
cameras having clear night vision of 100 meter distance or more.
Housing of cameras meant for outdoor shall be of IP 66 or better rating. These must be
integrated by the camera manufacturer.
System must provide built-in facility of watermarking or Digital certificate to ensure
tamperproof recording so that these can be used as evidence at a later date, if so
desired. The recording shall support audit trail feature.
All camera recordings shall have Camera ID & location/area of recording as well as
date/time stamp. Camera ID, Location/Area of recording & date/time shall be
programmable by the system administrator with User ID & Password.
Facility of camera recording in real-time mode (25 FPS)/15/12.5/10 or lower FPS as
well as in any desired combination must be available in the system.
Facility of Camera recording in CIF, 2CIF, 4 CIF as well as in any combination i.e. any
camera can be recorded in any quality - Selective or Group of cameras must be
available in the system.
System to have facility of additional camera installation beyond the originally planned
capacity.
In order to optimize the memory, while recording, video shall be compressed using
MPEG-4 or better standard and streamed over the IP network. Once on the network,
video can be viewed on a Control room workstation or on analog monitor using a
hardware decoder (MPEG-4/compatible standard Receiver) and shall be recorded on
NVR/CAMERA SERVER and shall be backed up on NAS/RAID Backup device.
System shall be triplex i.e. it should provide facility of Viewing, Recording & Replay
simultaneously.
The offered system shall have facility to export the desired portion of clipping (from a
desired date/time to another desired date/time) on CD or DVD. Viewing of this
recording shall be possible on standard PC using standard software like windows
media player etc.
PTZ Cameras shall have 64 or more pre-defined positions, to be selected through
suitable input alarm.
System shall have provision of WAN connectivity for remote monitoring.
SYSTEM DESIGN:Each IP camera should be connected to the NVR/CAMERA SERVER/Camera servers
and NAS box/Raid backup device @ 25 fps or lower frame rate and/or user selectable
as per requirement through a SWITCH.
IP Cameras shall be Power over Ethernet (POE) compliant and connected to Layer 2 or
Layer 3 switch as per system design using UTP CAT 6 Cable and the required
connectors as per standards.
There shall be a Control System with Video Control Software to manage all the video
surveillance devices.
Database Server shall keep track of all configurations & events. This will help in proper
System administration & management of redundancies etc.
Video stream from individual cameras shall be recorded on respective NVR/Camera
Server &, subsequently, archived to NAS box/RAID backup device. System shall have
provision to automatically over-write the new information after the period of 30/31 days
Page 10 of 38
F.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
& necessary script/algorithm must be available in the Application.
VIDEO SURVEILLANCE APPLICATION SOFTWARE:The software shall operate on open architecture for integration with perimeter safety,
access control, PA and fire / safety systems based on open standards.
Digital video surveillance control software should be capable to display and manage the
entire surveillance system. It should be capable of supporting variety of devices such
as cameras, video encoders, video decoders, PTZ controller, NVR, NAS boxes/Raid
backup device etc.
The software should have inbuilt facility to store configuration of encoders / decoders
and cameras.
The software should Support flexible 1/2/4 Windows Split screen display mode or scroll
mode on the PC monitor or on preview monitor as per site requirement.
The software should be able to control all cameras i.e. Fixed Dome and PTZ Camera
controls, Iris control, auto/manual focus, and color balance of camera, Selection of
presets, Video tour selection etc.
There must be a single encoder for each camera.
The software is required to generate reports of stored device configuration. The control
software is required to provide alarm and alarm log. The log shall be able to be
achieved, printed and displayed using a device filter, a device group filter and/or a time
window.
The software should have user access authority configurable on per device or per
device group basis. The user shall have the facility to request the access of any camera
and can control the camera for a reservation period. Control of camera is released after
the reservation period.
The system shall provide User activity log (audit trail) with user id, time stamp, and
action performed, etc.
The administrator should be able to add, edit & delete users with rights. It shall be
possible to view ability / rights of each user or the cameras which can be viewed &
controlled as per the permission assigned by the administrator.
It should have recording modes viz. continuous, manual, or programmed modes on
date, time and camera-wise. All modes should be disabled and enabled using
scheduled configuration. It should also be possible to search and replay the recorded
images on date, time and camera-wise. It should provide onscreen controls for remote
operation of PTZ cameras. It should have the facility for scheduled recording. Different
recording speeds (fps) and resolution for each recording mode for each camera should
be possible.
It should provide programmable motion detection and recording, to be defined area
wise. System must be able to support video motion detection algorithms to detect and
track objects, Learn the scene, Adapt to a changing outdoor environment, Ignore
environmental changes including rain, hail, wind, swaying trees and gradual light
changes.
The settings shall be individually configurable for each alarm and each camera
prerecord duration. This shall allow the Camera Server to capture video prior to the
alarm/event, as well as after the alarm/event. Shall be selectable from a list of values
ranging between 0 seconds and 5 minutes.
The software for clients should also be working on a browser based system for remote
users. This will allow any authorized user to display the video of any desired camera on
the monitor with full PTZ and associated controls.
Retrieval: The CCTV application should allow retrieval of data instantaneously or any
date / time interval chosen through search functionality of the application software. In
case data is older than 30 days and available, the retrieval should be possible. The
system should also allow for backup of specific data on any drives like CD/DVD/Blue
ray Recorders or any other device in a format which can be replayed through a
standard PC based software. Log of any such activity should be maintained by the
system which can be audited at a later date.
Backup: Online backup should be maintained to protect against storage failure.
Storage: Data storage should be at a central location in the SSO Room/Gate-I of OFBL.
The capacity of the storage should be equal to 30 days of recoding of all cameras at 25
Page 11 of 38
18.
G.
1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
2.
2.1
2.2
2.3
2.4
2.4.1
2.4.2
2.4.3
2.4.4
2.4.5
2.4.6
2.4.7
fps/4 CIF. The system should follow FIFO on recording.
Artificial Intelligence: It shall have image tracking facility. If any object is found to be
stationary for a pre-defined period the system shall track the event and alert the
operator. This facility shall be provided on select cameras at entry point, check-in
counters and as defined by the tenderer. The system must have the features for
identifying tail-gating, vehicle detection features, unattended baggage identification,
queuing analysis, external text insertion feature and intruder detection.
DETAILED TECHNICAL SPECIFICATIONS:COLOUR VIDEO DOME CAMERA WITH PTZ
Image Device:
Interline transfer 1/4" or better format CCD sensor
Focal length:
4 mm to 72 mm or better (for Artificial Intelligence Cameras
with better focal length i.e; 3.5 mm to 91 mm to be used)
Optical zoom
26 X or better
(Outdoor Camera):
Number of Pixels:
720 X 576
Scanning System:
PAL
Resolution:
480 TVL or better
Illumination
1.0 Lux (Color), 0.05 Lux (B/W) or better
(For Outdoor camera):
Pan Travel:
360º Continuous
Tilt Travel:
0 - 90º
Manual Tilt Speed:
0.5°/SEC to 90°/SEC
Manual pan speed:
0.5°/SEC to 90°/SEC
Preset Tilt speed:
0.5°/SEC to 90°/SEC
Preset Pan Speed:
0.5°/SEC to 300°/SEC
Preset positions:
Min. 64
Iris Control:
Auto
Focus:
Auto
Black
Light Required with black masking or other suitable technology.
compensation:
White balance:
Auto
Electronic shutter:
Auto
S/N ratio:
>= 48 dB
Power supply:
230 V AC, 1-Ǿ/415 AC, 3- Ǿ @ 50Hz.
MPEG-4 ENCODER (HARDWARE BASED):The encoder shall be built on embedded processor and real time operating system. The
Encoder should convert Analog Composite/S-Video input into good quality digital
stream on real time basis and shall be able to transmit as Unicast /Multicast IP packet
with low latency (less than 200 mSec.) for live viewing as well as for recording.
The video resolution should be configurable at either of 4 CIF, 2 CIF, CIF @ 25 fps or
at lower frame rate per camera, user selectable.
The encoder should generate MPEG4 video stream Compliant with ISO/IEC 14496
standard. The encoder should be interchangeable with any standard encoder of any
other make, which generates MPEG4 video stream Compliant with ISO/IEC 14496
standard.
The Encoder should have the following specifications or should match with the
requirement.
Format:
PAL color, B/W, composite, 25 fps, 2:1 interlaced.
Resolution (H x V 4 CIF 704 x 576, 2 CIF, CIF, QCIF.
pixels):
Frame Rate:
25 fps (PAL) and lower.
Encoding:
MPEG-4 Compliant with ISO/ IEC 14496 Standards.
Video Parameters:
Brightness, contrast, hue, sharpness, and sizing selectable
Video Latency:
Less than 200 mSec.
Connectors:
BNC for Composite Video for input, suitable connectors for
Power, Alarm in, and Alarm out, RJ-45 for Ethernet 10/100
Base-T output.
Page 12 of 38
2.4.8
2.4.9
2.4.10
2.4.11
2.4.12
3.
3.1
3.2
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
3.2.6
3.2.7
3.2.8
3.2.9
3.2.10
4.
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
5.
5.1
5.2
5.3
6.
IP Address:
MPEG4 standard:
IP Packets:
POE:
Power supply:
Static IP Address or as per System requirement.
Compliant with ISO / IEC14496
Unicast and Multicast
Compliant
As per OEM's design to be drawn from 230 V AC, 1-Ǿ (±
10%), 50Hz Source.
NETWORK ATTACHED STORAGE (NAS)/RAID BACKUP DEVICE:NAS box/RAID backup device shall be used to record video streams based on the
configuration assigned by administrator. Workstations & Servers within the LAN should
be able to access the recorded video streams. The NAS/RAID backup device should
support simultaneous play back and recording at full duplex operation.
It shall provide a high quality recording storage and play back of images and video. It
should support integration with existing LAN to provide Centralized Management and
shall operate on Windows OS. Support of user management for security level control
and authentication required. These NAS boxes/RAID backup device should have the
following features and specifications:Onboard CPU:
Quad core Xeon R Support up to 2.8 GHz
Onboard Memory:
8 GB DDR RAM (DDR 3)
HD Drive:
As per system requirement > 2TB (SATA)
Host Interface:
Dual Gigabit Ethernet (2 Nos. of pork)
RAID Support:
RAID levels 0, 1, and 5
Network
Transport TCP/IP and HTTP one TCP/IP
Protocols:
Network File Protocols:
CIFS, NFS, HTTP/HTTPS, FTP, NTP, SNMP, SMTP, DHCP
and DNS
Drive Status / Space Supported
Monitoring:
Operating System (OS): MS Windows OS (Latest version) or Window 7/ Window 8
Power supply:
Hot pluggable Redundant Power Supply
NVR/CAMERA/DATABASE SERVER:CPU:
Pentium i-7 Specification.
Memory:
8 GB DDR RAM
Hard Drives:
2 TB with RAID 5 Support (SATA)
DVD writer:
External DVD+16x –16x, RW +8x -6x, CDW 48x, Blu Ray
Network Adapter (NIC): Dual TCP/IP Integrated 10/100/1000 Base –T
Sound Card:
In- Built
Graphic Card:
Super VGA non-interlaced graphics card capable of
1280x1024 pixel resolution and 16M colors (or true color)
with 1GB video memory or better. Preferably external
graphic card (Nvidia/Radeon).
Recording Speed:
25 fps / channel (minimum 32 channel).
USB 2.0:
2 nos. at front panel.
Keyboards:
USB/PS/2 Keyboard.
Mouse:
USB/Optical Mouse with scroll (wireless preferred).
Monitors:
23.5 LED.
Operating system:
MS Windows OS 7, 8 (Latest versions) at the time of tender.
Anti Virus Software:
Latest software at the time of tender.
CAMERA HOUSING & MOUNT:The camera mount should be:
Of the same make as that of camera and suitable for the model number offered as
specified by the manufacturer and should be an integrated unit.
Should be compact and outdoor type as required.
Should support the weight of camera and accessories such as housing, pan & tilt head
in any vertical or horizontal position etc.
SPEED DOME CONTROLLER/PTZ CONTROLLER:Speed Dome Controller should have variable speed joystick, LED display for
programming and it should be able to control the speed dome for PAN / TILT / Zoom.
Page 13 of 38
7.
CABLES:7.1
Connectivity: Camera to Switch.
Cable Type: CAT 6
7.2
LAN Extender to Switch:
UTP CAT 6
7.3
Switch to NVR:
Fibre Optic
7.4
Hardware Decoder to monitor:
Composite signal cable
BILL OF MATERIAL:Sl. Nomenclature:
1.
Supply of Vandal Dome PoE IP Camera, 3 megapixel, Fixed, Day & Night,
121 Degree Wide angle view with IR LED, IR CUT FLTR, VF LENS, WDR:
(i)
Gate No-I:
(ii) Gate No-II:
(iii) Gate No – III:
(iv) 4 - Storage Shed.:
(v) Admin Gate:
(vi) MES Gate:
(vii) PHAPSI Gate:
2.
Supply of Vandal PTZ Dome PoE IP Camera, 10x Optical Zoom, Day &
Night.:
(i)
Gate No-I:
(ii) Gate No-II:
3.
Supply, Fixing, Testing, Networking & Commissioning of NVR (Network
Video Recorder), 16 simultaneous Channel, 6 TB storage capacity with
local inbuilt video output at GATE No: I:
4.
8 Port 10/100 Mbps Web Managed PoE Switch, 1 Gig Port, 1 SFP.:
5.
Supply, Installation, Testing, & Commissioning of 2 KVA Online UPS for 2
Nos. NVRs:
6.
Supply, Installation, Testing, & Commissioning of 1 KVA off-line UPS at 7
Locations.:
7.
Supply, Installation, Testing, & Commissioning of 24" TFT Monitor to be
connected with Proposed NVR at Gate No-I:
8.
Supply, Installation, Testing, & Commissioning of G.SHDSL 10 Mbps LAN
extender for 10KM.:
9.
Supply of 6 Core Single mode Optical Fiber Cable.:
10. Supply, Fixing, Testing, & Commissioning of 6 Port LIU loaded with SM
Coupler and SM Pigtail.:
11. Supply of CAT6 UTP Cable roll with 305m length in a box. MakeDigilink/Belkin/D-link.:
12. Supply of 6 Core SM double sheath Outdoor cable. MakeDigilink/Finolex/D-Link.:
13. Fixing, Installation, Testing & Commissioning of PTZ/Fixed DOME Camera:
14. Laying of UTP Cable per RM:
15. OFC Laying including excavation of earth.:
16. Supply
&
Fixing
of
6U
Rack.
(Factory made of best quality):
17. LIU Fixing
18. Supply
of
Steel
Power
Boards
at
7
locations.
(2 switches + 2- 3pin sockets) :
19. Supply of 1.5 sq. mm. 3 core wire/cable for single phase power supply.:
20. Supply & Laying/Fixing/ Wiring of PVC Conduit Pipe per RM :
21. Supply & laying of HDPE Pipe per RM.:
22. Laying of OFC through HDPE Pipe.:
23. Supply & Fixing of OFC cable route marker with engraved OFC/OFBL at an
interval of 200-300 Meter.:
24. Supply & Grouting of 10 feet Mast made of 100 mm dia GI Pipe.:
25. Supply & Grouting of 5 feet Mast made of 100 mm dia GI Pipe.:
26. Computer for controlling & monitering the videos:
27. Earthpit for Network & equipment earthing:
Page 14 of 38
UOM Qty.
Nos.
Nos.
No.
Nos.
Nos.
No.
No.
4
4
1
6
2
1
2
No.
No.
No.
1
1
2
Nos.
No.
7
1
Nos.
7
Nos.
2
Nos.
2
Mtr
Nos.
7000
10
box
5
each
10
Nos.
Mtr
Mtr
each
22
1500
7000
7
each
each
7
7
Mtr
Mtr
Mtr
Mtr
each
100
500
7000
7000
35
each
each
set
No
1
1
1
7
Page 15 of 38
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Page 22 of 38
Part III – Standard Conditions of Contract
The Bidder is required to give confirmation of their acceptance of the Standard Conditions of the
Tender Enquiry mentioned below which will automatically be considered as part of the Contract
concluded with the successful Bidder (i.e. Seller in the Contract) as selected by the Buyer. Failure to do
so may result in rejection of the Bid submitted by the Bidder.
1.
Law: The Contract shall be considered and made in accordance with the laws of the Republic of
India. The contract shall be governed by and interpreted in accordance with the laws of the Republic of
India.
2.
(i) Effective Date of the Contract: The contract shall come into effect on the date of signatures
of both the parties on the contract (Effective Date) and shall remain valid until the completion of the
obligations of the parties under the contract. The delivery of the goods and performance of the services
shall commence from the effective date of the contract.
(ii) Commencement Date: In case of imported items, the delivery obligations of the supplier
shall start with reference to the Commencement Date (instead of the effective date), which will be the
date on which the latest of the below mentioned events has occurred.
i.
Submission of export licence from foreign government by the supplier.
ii.
Submission of Performance Bank Guarantee by the supplier.
iii.
Other event(s) as mutually decided.
(iii) Non-occurrence of the Commencement Date: If the Commencement Date has not
occurred, within six (6) months from the date of signature (or within such other period as may be agreed
between the Parties), the purchaser may terminate the Contract by written communication to the
supplier.
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 construction or performance, which cannot be settled amicably, may be resolved
through arbitration. The standard clause of arbitration will be applicable, depending on the type of Seller,
as given below.
(A)
FOR INDIAN SUPPLIERS (OTHER THAN PUBLIC ENTERPRISES/ GOVT. DEPARTMENTS):(a)
All the disputes and differences arising out of or in any way touching or concerning this
agreement (except those for which specific provision has been made therein) shall be referred to Sole
Arbitrator to be appointed by Director General Ordnance Factories, Government of India. The Arbitrator
so appointed shall be a Government servant who had not dealt with the matters to which this agreement
relates and in course of his duties had not expressed views on all or any of the matter in disputes or
differences. For the time being or a Govt. Servant appointed by him the appointee shall not be Govt.
Servant who had dealt with the matters to which this agreement relates and that in the course of his
duties as Govt. Servant he had not expressed views on all or any of the matter in dispute or difference.
The Award of the Sole Arbitrator shall be final and binding on the parties.
(b)
The Arbitration shall be as per Arbitration Act 1996 or any statutory modification thereof.
(c)
The venue of Arbitration shall be “ORDNANCE FACTORY BADMAL”.
(B)
FOR PUBLIC ENTERPRISES/ GOVT. DEPARTMENTS:In the event of any dispute or difference relating to the interpretation and application of the
provisions of this contract, such dispute or difference shall be referred by either party for Arbitration to
the Permanent Arbitration Machinery set up in the Department of Public Enterprises i.e. to the sole
Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Govt. of India
in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not
be applicable to arbitration under this clause. The award of the Arbitrator shall be binding upon the
parties to the disputes to the disputes, provided however, any party aggrieved by such award may make
a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal
Affairs, Ministry of Law and Justice, Government of India. Upon such reference the dispute shall be
decided by the Law Secretary or the Special Secretary/ Additional Secretary, when so authorized by the
Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute
will share equally the cost of arbitration as intimated by the Arbitrator.
(Ref- Min. of HI & PE OM No. 1(24)/ 2005-DPE (PMA) dt. 22/01/2004)
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 Contracts or forbearing to
do or for having done or forborne to do any act in relation to the obtaining or execution of the present
Contract or any other Contract with the Government of India for showing or forbearing to show favour or
Page 23 of 38
disfavour to any person in relation to the present Contract or any other Contract with the Government of
India. Any breach of the aforesaid undertaking 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 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 is
the original manufacturer of the stores/provider of the services referred to in this Contract and 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 supply 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 one-year LIBOR rate. The Buyer will also have the right to recover any such amount from any
contracts concluded earlier with the Government of India.
6.
Access to Books of Accounts: In case it is found to the satisfaction of the Buyer that the Seller
has engaged an Agent or paid commission or influenced any person to obtain the contract as described
in clauses relating to Agents/Agency Commission and penalty for use of undue influence, the Seller, on
a specific request of the Buyer, shall provide necessary information/ inspection of the relevant financial
documents/information.
(a)
In a tender, either the Indian agent on behalf of the Principal/OEM or Principal/OEM itself can bid,
but both cannot bid simultaneously for the same item/product in the same tender.
(b)
If an agent submits bid on behalf of the Principal/OEM, the same agent shall not submit a bid on
behalf of another Principal/OEM in the same tender for the same item/product.
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.
Pre-Contract Integrity Pact Clause: An “Integrity Pact” would be signed between the Buyer and
the Bidder for purchases exceeding Rs100 crores. This is a binding agreement between the Buyer and
Bidders for specific contracts in which the Buyer promises that it will not accept bribes during the
procurement process and Bidders promise that they will not offer bribes. Under this Pact, the Bidders for
specific services or contracts agree with the Buyer to carry out the procurement in a specified manner.
The Pre-Integrity Pact will be as per Format enclosed. The essential elements of the Pact are as follows:
A.
A pact (contract) between the Government of India (General Manager, OFBL) (the authority or
the “principal”) and those companies submitting a tender for this specific activity (the “Bidder”);
B.
An undertaking by the Principal that its officials will not demand or accept any bribes, gifts etc.,
with appropriate disciplinary or criminal sanctions in case of violation;
C.
A statement by each Bidder that it has not paid, and will not pay, any bribes;
D.
An undertaking by each Bidder to disclose all payments made in connection with the Contract in
question to anybody (including agents and other middlemen as well as family members, etc., of officials);
the disclosure would be made either at the time of submission of Bids or upon demand of the Principal,
especially when a suspicion of a violation by that Bidder emerges;
Page 24 of 38
E.
The explicit acceptance by each Bidder that the no-bribery commitment and the disclosure
obligation as well as the attendant sanctions remain in force for the winning Bidder until the contract has
been fully executed.
F.
Undertaking on behalf of a Bidding company will be made “in the name and on behalf of the
company’s Chief Executive Officer”.
G.
The following set of sanctions shall be enforced for any violation by a Bidder of its commitments
or undertakings:
i.
Denial or loss of contracts;
ii.
Forfeiture of the Bid security and performance bond/warranty bond;
iii.
Liability for damages to the principal and the competing Bidders; and
iv.
Debarment of the violator by the Principal for an appropriate period of time.
Bidders are also advised to have a company code of conduct (clearly rejecting the use of bribes
and other unethical behavior) and compliance program for the implementation of the code of conduct
throughout the company.
9.
Liquidated Damages (LD):
(a)
In the event of seller’s failure to have the plant/machines or any part/installment there of
delivered by the date/dates specified in the contract, the buyer may at his discretion withhold any
payment until the whole of the plant/machines have been supplied and the buyer may also deduct from
the seller as agreed, Liquidated Damages and not by way of penalty, the sum of 0.5% of the contract
price of the delayed supplies for each week or part of a week for which the delay has occurred, subject
to maximum of 5% of the value of delayed supplies.
(b)
For delay in completion of any works or services attributable to the supplier, which leads to delay
in commissioning and final acceptance of the plant / machines, LD will be imposed @ 0.5% of the full
contract price of the plant / machines for each and every week and part of a week of delay in
commissioning and final acceptance, subject to maximum of 5% of the full contract price. This LD will be
in addition to the LD against delay in delivery of supplies.
(c)
The sum of LD for (a) and (b) above, i.e. for delays in supplies as well as works & services, will
be subject to overall ceiling of 10% of full contract price.
(d)
LD will be calculated on the basis of total value of goods, including elements of statutory duties
and levies viz. VAT/sales tax, excise duty, etc as indicated in the contract.
(e)
LD shall be levied for the period for which the supplier was responsible for the delay in
delivery/execution i.e. LD shall be waived if the reasons for delay are not attributable to the supplier.
10.
Termination of Contract: The Buyer shall have the right to terminate this Contract in part or in
full in any of the following cases:(a)
The Seller has failed to perform a substantial obligation under the Contract after having been
served a notice of failure and make good by Purchaser within a reasonable period, or the delivery of the
material is delayed for causes not attributable to Force Majeure for more than six months after the
scheduled date of delivery.
(b)
The Seller is declared bankrupt or becomes insolvent.
(c)
The delivery of material is delayed due to causes of Force Majeure by more than six months,
provided Force Majeure clause is included in contract.
(d)
The Buyer has noticed that the Seller has given or offered to give, directly or indirectly, to any
person any bribe, gift, gratuity, commission or other thing of value as an inducement or reward for doing
or forbearing to do any action in relation to this Contract, e.g. if the Seller has utilised the services of any
Indian/Foreign agent in getting this contract and paid any commission to such agent.
(e)
As per decision of the Arbitration Tribunal.
11.
Notices: Any notice required or permitted by the contract shall be written in the English language
and may be delivered personally or may be sent by FAX or registered 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 present Contract or any part thereof.
13.
Patents and other Industrial Property Rights: The prices stated in the present 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
Page 25 of 38
and training aggregates irrespective of the fact of infringement of the supplies, irrespective of the fact of
infringement of any or all the rights mentioned above.
14.
Amendments: No provision of present Contract shall be changed or modified in any way
(including this provision) either in whole or in part except by an instrument in writing made after the date
of this Contract and signed on behalf of both the parties and which expressly states to amend the
present Contract.
15.
Taxes and Duties:
(i)
In respect of Foreign Bidders: All taxes, duties, levies and charges which are to be paid for the
delivery of goods, including advance samples, shall be paid by the parties under the present contract in
their respective countries.
(ii)
In respect of Indigenous bidders:
i.
General
(a)
If Bidder desires to ask for excise duty or Sales Tax / VAT extra, the same must be
specifically stated. In the absence of any such stipulation, it will be presumed that the prices include all
such charges and no claim for the same will be entertained.
(b)
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.
(c)
If a Bidder chooses to quote a price inclusive of any duty/tax and does 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 of such duty/tax included in the price. Failure to do so may result in ignoring of such offers
summarily.
(d)
If a Bidder is exempted from payment of any duty/tax upto any value of supplies from
them, he should clearly state that no such duty/tax will be charged by him up to the limit of exemption
which he may have. If any concession is available in regard to rate/quantum of any Duty/tax, it should be
brought out clearly. Stipulations like, the said duty/tax was presently not applicable but the same will be
charged if it becomes leviable later on, will not be accepted unless in such cases it is clearly stated by a
Bidder that such duty/tax will not be charged by him even if the same becomes applicable later on. In
respect of the Bidders, who fail to comply with this requirement, their quoted prices shall be loaded with
the quantum of such duty/tax which is normally applicable on the item in question for the purpose of
comparing their prices with other Bidders.
(e)
Any change in any duty/tax upward/downward as a result of any statutory variation in
excise taking place within contract terms shall be allowed to the extent of actual quantum of such
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.
ii.
Customs Duty –
(a)
Purchase of P&M directly from Global Sources:
(i)
For machines of imported nature involving payment in foreign exchange shall be quoted by
foreign manufacturer directly, without associating their Indian agents, on FOB price basis. The firm will
provide specific confirmation that quoted price does not include payment of Agency Commission to any
third party.
(ii)
Purchase of P&M from global sources involves FOB/CIF cost only and SO is placed on FOB
basis.
(iii)
Payment of customs duty is the purchaser's i.e. OFs responsibility either by taking exemption
certificate or directly paying the custom duty to the customs authority if exemption is not permitted.
(iv)
A clause regarding Custom duty exemption wherever applicable is required to be incorporated in
the tender and the S.O as well.
(v)
There must be an explicit mention about either the Custom duty exemption or the authority to pay
the custom duty contribution viz., the subject exemption or payment of the same will the arranged by the
Ord. Fys through Embarkation Headquarter, Chennai &, Kolkata &, OFB, Mumbai office.
(b)
Purchase of P&M of Foreign Origin from Indian Sources:
(i)
For machine of Import nature, Indian traders are permitted to offer in Indian rupee payment only.
This shall be treated as second sale to OFs and in such cases only sales tax/VAT will be applicable.
(ii)
If foreign plant supplier insists that purchase can be made through their Indian counterpart
/collaborator (not agent), purchase can be made against Indian rupee payment only, but the tenderer
shall arrange the import clearance and the Indian collaborator shall arrange inspection/training in India
and provide after sales service.
Page 26 of 38
(iii)
such cases.
No export clearance certificate / custom duty exemption certificate shall be provided in
iii.
Excise Duty
(a)
Where the excise duty is payable on ad-valorem basis, the Bidder should submit along
with the tender, the relevant form and the Manufacturer’s price list showing the actual assessable value
of the stores as approved by the Excise authorities.
(b)
Bidders should note that in case any refund of excise duty is granted to them by Excise
authorities in respect of Stores supplied under the contract, they will pass on the credit to the Buyer
immediately along with a certificate that the credit so passed on relates to the Excise Duty, originally
paid for the stores supplied under the contract. In case of their failure to do so, within 10 days of the
issue of the excise duty refund orders to them by the Excise Authorities the Buyer would be empowered
to deduct a sum equivalent to the amount refunded by the Excise Authorities without any further
reference to them from any of their outstanding bills against the contract or any other pending
Government Contract and that no disputes on this account would be raised by them.
(c)
The Seller is also required to furnish to the Paying Authority the following certificates:
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. (b) Certificate as to whether refunds have been obtained or applied for by
them or not in the preceding financial year after the annual Audit of their accounts also indicating details
of such refunds/applications, if any. (c) A certificate along with the final payment bills of the Seller to the
effect whether or not they have any pending appeal/protest for refund or partial refund of excise duties
already reimbursed to the Seller by the Government pending with the Excise authorities and if so, the
nature, the amount involved, and the position of such appeals. (d) An undertaking to the effect that in
case it is detected by the Government that any refund from Excise Authority was obtained by the Seller
after obtaining reimbursement from the Paying Authority, and if the same is not immediately refunded by
the Seller to the Paying Authority giving details and particulars of the transactions, Paying Authority will
have full authority to recover such amounts from the Seller’s outstanding bills against that particular
contract or any other pending Government contracts and that no dispute on this account would be raised
by the Seller.
(d)
Unless otherwise specifically agreed to in terms of the contract, the Buyer shall not be
liable for any claim on account of fresh imposition and/or increase of Excise Duty on raw materials
and/or components used directly in the manufacture of the contracted stores taking place during the
pendency of the contract.
iv.
Sales Tax / VAT
(a)
If it is desired by the Bidder to ask for Sales tax / VAT to be paid as extra, the same must
be specifically stated. In the absence of any such stipulation in the bid, it will be presumed that the prices
quoted by the Bidder are inclusive of sales tax and no liability of sales tax will be developed upon the
Buyer.
(b)
On the Bids quoting sales tax extra, the rate and the nature of Sales Tax applicable at the
time of supply should be shown separately. Sales tax will be paid to the Seller at the rate at which it is
liable to be assessed or has actually been assessed provided the transaction of sale is legally liable to
sales tax and the same is payable as per the terms of the contract.
v.
Octroi Duty & Local Taxes
(a)
Normally, materials to be supplied to Government Departments against Government
Contracts are exempted from levy of town duty, Octroi Duty, Terminal Tax and other levies of local
bodies. The local Town/Municipal Body regulations at times, however, provide for such Exemption only
on production of such exemption certificate from any authorised officer. Seller should ensure that stores
ordered against contracts placed by this office are exempted from levy of Town Duty/Octroi Duty,
Terminal Tax or other local taxes and duties. Wherever required, they should obtain the exemption
certificate from the Buyer, to avoid payment of such local taxes or duties.
(b)
In case where the Municipality or other local body insists upon payment of these duties or
taxes the same should be paid by the Seller to avoid delay in supplies and possible demurrage charges.
The receipt obtained for such payment should be forwarded to the Buyer without delay together with a
copy of the relevant act or bylaws/notifications of the Municipality of the local body concerned to enable
him to take up the question of refund with the concerned bodies if admissible under the said acts or rules.
Presently the entry tax as applicable in Odisha state is 2%. The tenderer (other than Odisha) should
quote considering entry tax.
Page 27 of 38
Part IV - Special Conditions of Contract
The Bidder is required to give confirmation of their acceptance of Special Conditions of the TE
mentioned below which will automatically be considered as part of the Contract concluded with the
successful Bidder (i.e. Seller in the Contract) as selected by the Buyer. Failure to do so may result in
rejection of Bid submitted by the Bidder.
1.
Performance Security / Security Deposit:
a.
Successful tenderer irrespective of their registration status with DGS&D or KVIC or OFB will be
required to submit performance security within 30 days of contract for due performance of contract. The
amount of performance security will be 5% of contract value in Indian Rupees stipulated in contract.
Performance Security will be forfeited and en-cashed by the Buyer in the event of breach of contract by
the Seller.
b.
Failure to submit performance security may entail cancellation of contract and EMD will be
forfeited for unregistered firms, whereas in case of others the concerned registering agency will be
informed for appropriate action.
c.
Form of Performance Security / Security Deposit to be deposited by suppliers: The
performance security will be in the form of demand draft or fixed deposit receipt or bank guarantee on
non-judicial stamp paper in the specified format. The Performance Bank Guarantee (also called
Performance Bond) shall be submitted from a public sector bank in favour of the General Manager,
Ordnance Factory Badmal and should be valid up to 60 days beyond the contract period.
d.
In case any claims or any other contract obligations are outstanding, the Seller will extend the
Performance Bank Guarantee as asked for by the Buyer till such time as the Seller settles all claims and
completes all contract obligations. The Performance Bank Guarantee will be subject to encashment by
the Buyer, in case the conditions regarding adherence to delivery schedule, settlement of claims and
other provisions of the contract are not fulfilled by the Seller. The format of PBG is enclosed.
2.
Payment Terms: It will be mandatory for the Bidders to indicate their bank account numbers and
other relevant e-payment details so that payments could be made through ECS/NEFT mechanism. The
payment will be made as per the following terms, on production of the requisite documents:
a.
90% value of material plus 100% Taxes, Duties if any, will be paid after acceptance in PreDespatch Inspection of machine at Firm’s works and on receipt of machine in safe condition by
consignee against submission of PBG / Warranty Bond amounting to 05% of contract value in the
stipulated format. Freight charges will be payable on actual against documentary evidence but not
exceeding as quoted by firm and accepted by purchaser.
b.
Balance 10% value of material plus 100% Erection & Commissioning (E&C) charges after
Successful commissioning of Machine.
3.
Documents for releasing Payment: The payment of bills will be made on submission of the
following documents by the Seller to the Purchaser along with the bill:
i.
Ink-signed copy of Commercial invoice / Seller’s bill.
ii.
Acceptance certificate in Pre-Despatch Inspection.
iii.
Claim for statutory and other levies to be supported with requisite documents / proof of
payment such as Excise duty challan, Octroi receipt, proof of payment for EPF/ESIC contribution with
nominal roll of beneficiaries, etc as applicable.
iv.
Exemption certificate for Excise duty, if applicable.
v.
Warranty Bond (Bank guarantee).
vi.
Details for electronic payment viz Account holder’s name, Bank name, Branch name and
address, Account type, Account number, IFSC code, MICR code (if these details are not incorporated in
supply order/contract).
vii.
Any other document / certificate that may be provided for in the Supply Order / Contract.
viii.
Provisional certificate of receipt by Purchaser.
(Note – From the above list, the documents that may be required depending upon the
peculiarities of the procurement being undertaken, may be included in TE.)
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4.
Risk Purchase clause:
a.
Should the stores or any installment thereof not be delivered within the time or times specified in
the contract documents, or if defective delivery is made in respect of the stores or any installment
thereof, the Buyer shall after granting the Seller 45 days to cure the breach, be at liberty, without
prejudice to the right to recover liquidated damages as a remedy for breach of contract, to declare the
contract as cancelled either wholly or to the extent of such default.
b.
Should the stores or any installment thereof not perform in accordance with the specifications /
parameters provided by the SELLER during the check proof 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
the contract wholly or to the extent of such default.
c.
In case of a material breach that was not remedied within 45 days, the BUYER shall, having
given the right of first refusal to the SELLER be at liberty to purchase, manufacture, or procure 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 balance of the stores remaining to be
delivered there under.
d.
(i) Risk & Expense Purchase: Risk and expense purchase clause may be included in the RFP
and the contract, if considered necessary. Risk and Expense purchase is undertaken by the purchaser
in the event of the supplier failing to honour the contracted obligations within the stipulated period and
where extension of delivery period is not approved. While initiating risk purchase at the cost and
expense of the supplier, the purchaser must satisfy himself that the supplier has failed to deliver and has
been given adequate and proper notice to discharge his obligations. Whenever risk purchase is resorted
to, the supplier is liable to pay the additional amount spent by the Government, if &any, in procuring the
said contracted goods/ services through a fresh contract, i.e. the defaulting supplier has to bear the
excess cost incurred as compared with the amount contracted with him. Factors like method of
recovering such amount should also be considered while taking a decision to invoke the provision for
risk purchase.
(ii) Risk and Expense purchase clause not mandatory: Risk purchase at the cost and
expense of the supplier may not always be a practical proposition as it may not be feasible to enforce
recovery without legal action. This clause is rarely invoked in case of import contracts for this reason. In
such cases where the item is of proprietary nature or there is only one qualified firm to supply the items
and there is a remote possibility of procuring the same item from an alternative source, it will be
essential that instead of having risk and cost clause in the contract, the contract should have
performance guarantee clause to cover any such default.
(iii) Alternative remedies to Risk & Expense Purchase Clause: In case of foreign contracts,
risk and expense clause is generally not applicable. The other remedies available to the purchaser in the
absence of the Risk and Expense Clause are as follows:
(a) Deduct the quantitative cost of discrepancy from any of the outstanding payments of the
supplier.
(b) Avoid issue of further RFP's to the firm till resolution of the discrepancy.
(c) Bring up the issue of discrepancy in all meetings with the representative of supplier.
(d) Provide for adequate Bank Guarantee to cover such risks.
(e) In case of foreign contracts, finally approach the Government of the Supplier's country
through the Ministry of Defence, if needed.
5.
Force Majeure clause:
a. Neither party shall bear responsibility for the complete or partial nonperformance of any of its
obligations (except for failure to pay any sum which has become due on account of receipt of goods
under the provisions of the present contract), if the non-performance results from such Force Majeure
circumstances as Flood, Fire, Earth Quake and other acts of God as well as War, Military operation,
blockade, Acts or Actions of State Authorities or any other circumstances beyond the parties’ control that
have arisen after the conclusion of the present contract.
b. In such circumstances the time stipulated for the performance of an obligation under the
present contract is extended correspondingly for the period of time of action of these circumstances and
their consequences.
c. The party for which it becomes impossible to meet obligations under this contract due to Force
Majeure conditions, is to notify in written form the other party of the beginning and cessation of the
above circumstances immediately, but in any case not later than 10 (Ten) days from the moment of their
beginning.
Page 29 of 38
d. Certificate of a Chamber of Commerce (Commerce and Industry) or other competent authority
or organization of the respective country shall be a sufficient proof of commencement and cessation of
the above circumstances.
e. If the impossibility of complete or partial performance of an obligation lasts for more than 6 (six)
months, either party hereto reserves the right to terminate the contract totally or partially upon giving
prior written notice of 30 (thirty) days to the other party of the intention to terminate without any liability
other than reimbursement on the terms provided in the agreement for the goods received.
6.
Delivery Period:
a. Time is the essence of the contract. The tenderer shall quote his best and earliest delivery so
that machine is available at site at the earliest. The time schedule for the delivery of the plant and
equipment, civil works, engineering erection and putting into commission as specified in technical
specification should be indicated suitably in the tender.
b. Tenderer will submit a BAR CHART in this regard, showing detailed activities for execution of
the order and their time schedule, for consideration of the purchaser. The tenderer will be responsible for
co-ordinated delivery and erection of the complete plant, equipment and materials both from outside
India and from indigenous sources and he shall ensure deliveries in the sequence in which they will be
required for erection at site.
c. Delivery quoted should be guaranteed. The Contract can be cancelled unilaterally by the
Buyer in case items are not received within the contracted delivery period. Extension of contracted
delivery period will be at the sole discretion of the Buyer, with applicability of LD clause.
7.
Packing: The following Packing and Marking clause will form part of the contract placed on
successful Bidder –
a. The Contractor shall provide packing and preservation of the equipment and spares/goods
contracted so as to ensure their safety against damage in the conditions of land, sea and air
transportation, transhipment, storage and weather hazards during transportation, subject to proper cargo
handling. The Seller shall ensure that the stores are packed in containers, which are made sufficiently
strong, and with seasoned wood. The packing cases should have hooks for lifting by crane/fork lift truck.
Tags with proper marking shall be fastened to the special equipment, which cannot be packed.
b. The Contractor must ensure that sturdy packing is used to withstand rough handling during
transit by rail/road. In case the contractor fails to meet the qualitative requirements for packing, he must
make good all losses arising out of his failure to meet contractual obligations. The contractor will be
responsible for internal damages if any, when outwardly there is no damage to the package.
c. For imported machines, the packing must be such that it is able to withstand the vagaries of
weather, shipping and roughness of handling by port labour, cranes and fork-lifts. The consignments as
far as possible must be shipped in containers (FCL/LCL).
d. One copy of the packing list/ invoice in English and pre-despatch inspection certificate shall be
inserted in each cargo package, and the full set of the packing lists shall be placed in Case No.1 painted
in a yellow colour.
8.
Marking:
a.
Indigenous Supplies: The following markings on two opposite faces and top side should be
stenciled in legible ink on the packing cases containing the consignments at the time of dispatch:
i.
Contract No & Date:
ii.
Name of the consignee:
iii.
Full address of consignee:
iv.
Total No of packages & Sl No of package:
v.
Up right arrow.
vi.
Gross weight:
vii.
Special marking for case.
viii.
Brief nomenclature of equipment:
ix.
Slinging position.
9.
Pre-Despatch Inspection: The following Pre-Despatch Inspection clause will form part of the
contract placed on successful Bidder as mentioned in details in Technical Specification (Part-II) of T.E –
a.
The Buyer’s representatives will carry out Pre-Despatch Inspection (PDI) of the
machines/equipment in order to check their compliance with specifications in accordance with its usual
Page 30 of 38
standard procedures. Upon successful completion of such PDI, the Seller and Buyer will issue and sign
a Certificate of Conformity.
b.
The Seller shall intimate the Buyer at least 45 days before the scheduled date of PDI. The time
required for completing visa formalities by the Seller should not be included in this notice. The Buyer will
send his authorised representative(s) to attend the PDI.
c.
The list of Buyer’s representatives together with their particulars including name, title, date and
place of birth, passport numbers including date of issue and date of expiry, address, etc. shall be
communicated by the Buyer in advance to apply for the necessary authorisations and clearances to be
granted.
d.
The Buyer reserves the right not to attend the PDI or to request for postponement of the
beginning of the PDI by a maximum of one month from the date fixed for such PDI in order to allow his
representative(s) to attend such tests, in which cases he shall inform in writing the Seller within 15 days
before the date of the beginning of the PDI. Should the Buyer request for such postponement, liquidated
damages, if any, shall not apply. In case the Buyer informs the Seller within the period mentioned
hereinabove that he cannot attend the PDI or in case the Buyer does not come at the postponed date
requested by him for performance of the PDI as mentioned above, the Seller shall be entitled to carry
out said tests alone as scheduled. The Certificate of Conformity and the Acceptance Test Report will be
signed by the Seller’s QA representative alone and such documents bearing the sole signature of the
Seller’s QA representative shall have the same value and effect as if they have been signed by both the
parties. In case Buyer does not elect to attend the PDI, the Buyer shall intimate the Seller in writing that
it does not wish to attend the PDI.
e.
The Seller shall provide all reasonable facilities, access and assistance to the Buyer’s
representative for safety and convenience in the performance of their duties in the Seller’s country.
f.
All costs associated with the stay of the Buyer’s Representative(s) in the country where the PDI
is to be carried out, including travel expenses, boarding and lodging, accommodation, daily expenses,
shall be borne by the Buyer.
10.
Checking on Receipt: When Consign received by the Buyer, joint checking will be done by
Buyer and Seller for conformance to quantity and description mentioned in the invoice. In case of any
discrepancy, the Seller shall make good the same at his cost.
11.
Insurance: Where delivery of goods is required by the purchaser, the supplier shall arrange and
pay for insurance, making the purchaser as the beneficiary. The Insurance Policy shall be for 110%
value of goods for coverage on “all risks” basis including war risks and strike clauses. The date of
insurance should be dated prior to the date of delivery. The insurance policy shall be forwarded to the
purchaser sufficiently before despatch of the consignment.
12.
Guarantee:
The supplier shall guarantee among other things the following:
a.
Satisfaction of technical and other parameters mentioned in the specification and contract.
b.
Quality and strength of materials used in the manufacture of the equipment considering the
applicable codes of practice and regulation.
c.
Adequate factors of safety for all parts of the equipment to withstand the mechanical and/ or
electrical stresses developed therein under specific operating conditions.
d.
Performance data furnished/ specified for the equipment should be actually obtainable when the
equipment is installed and tested at site.
13.
Warranty:
a.
The supplier shall warrant that the plant/machine (including associated works constructed by the
supplier) will be free from defects in design, material or workmanship. Supplier’s obligations under the
warranty shall involve repair, rectification and making good at site any defect, imperfection or fault
attributable to defective design, material or workmanship. If the plant/machine is found to have a Defect
that can be assumed to be present also in some other portion of the plant/machine, the Supplier shall
investigate whether such further Defect is present, and shall make good any further Defects found.
b.
The supplier shall furnish PBG / Warranty Bond for 05% of contract price valid for two months
after warranty period, as security for its warranty obligations.
c.
The following Warranty clause will form part of the contract with the successful bidder:
Page 31 of 38
“(i)
The contractor/seller hereby warrants that the plant/equipment sold/supplied to the purchaser
under this contract shall be of the best quality and workmanship and new in all respects and shall be
strictly in accordance with the specifications and particulars contained/mentioned in the said contract.
(ii)
The contractor/seller further warrants that the plant/equipment would continue to conform to the
specified description and quality and would be free from any non-conformity with the requirements of the
contract (hereafter referred to as a ‘defect’) due to faulty design, materials or workmanship, for a period
called ‘warranty period’ or ‘defects liability period’ as defined below:
*
12 (twelve) months from commissioning and final acceptance of the plant/equipment at the
purchaser’s site or 18 (eighteen) months from the date of delivery, whichever is earlier.
(iii)
If the commissioning/acceptance of the plant/equipment is delayed due to fault of
contractor/seller, the warranty period will automatically get correspondingly extended.
(iv)
Notwithstanding the fact that the purchaser (or his representative) may have inspected and/or
approved the plant/equipment, if any defect is discovered in the plant/equipment during the aforesaid
warranty period and the decision of the purchaser in that behalf shall be final and binding on the
contractor/seller, the purchaser shall be entitled to call upon the contractor/seller to rectify such defect.
(v)
Defects shall be notified by the purchaser to the contractor/seller in writing without undue delay
after the defects are noticed, and in any event not later than thirty (30) days after the expiry of the
warranty period.
(vi)
Upon receipt of notice from the purchaser about any defect that occurs during the warranty
period, the contractor/seller shall respond immediately and make good the defect within a reasonable
period, or such specific period as may be allowed by the purchaser at the request of the contractor/seller,
without any charges and costs to the purchaser.
(vii)
If the plant/equipment is found to have a defect that can be assumed to be present also in some
other portion of the plant/equipment, the seller/contractor shall investigate whether such further defect is
present, and shall make good any further defects found.
(viii) If a defect appears, requiring immediate action due to the risk of resultant damage, and if the
contractor/seller cannot make immediately good the defects, the purchaser is entitled to apply all
necessary measures to prevent or limit damage.
(ix)
This warranty is not applicable if the defect is attributable to normal wear and tear or incorrect
operation or negligence or willful damage on the part of the purchaser.
(x)
Parts replaced or repaired under the above provisions shall be subject to the same warranty from
the contractor/seller, and under the same conditions as apply for the rest of the plant/equipment, for a
period of one (1) year after such replacement or repair has been effected. The warranty period for the
rest of the plant/equipment shall be extended only by the time during which it was out of operation as a
result of defects covered by the above provisions. Nothing contained in this clause shall however extend
the warranty period by a period beyond two (2) years after the commissioning and acceptance of the
plant/equipment.
(xi)
Defective parts which have been replaced shall be made available to the seller/contractor without
cost. However, the seller/contractor shall be responsible for lifting the defective parts and transporting
the same at his cost from purchaser’s place within mutually agreed time period.
(xii)
In case of failure on the part of the contractor to fulfill any warranty obligations, the
contractor/seller shall pay to the purchaser such compensation, as may arise from the breach of the
warranty herein contained.”
14.
After sales support: The contractor shall provide after sales service of the equipments for at
least ten years after the expiry of warranty period, which will comprise of the following: a.
To render free technical advice on any matter of the equipment.
b.
To quote and supply all spare parts/accessories/sub-assemblies at a reasonable price and
delivery schedule.
c.
To make available the services of suitable specialists on reasonable terms.
15.
Guarantee to provide Spares:
a.
The Vendor shall be committed to make available the spares for 10 years period from the
completion of the warranty period.
b.
Acceptance of tender for the supply of machine against this TE will be subject to tenderers
certifying that they have adequate servicing and spare parts facilities in respect of the machine tendered
for by them or that they shall arrange to provide such facilities simultaneously with the supply of the
machine.
Page 32 of 38
c.
Tenderers shall also undertake that supplies of necessary maintenance equipment and spare
parts will be made available for life of the machine on a continuous basis.
d.
The successful tenderer shall warranty that before going out of production of the spare parts he
will give adequate advance notice to the purchaser so that the later may order his requirements of
spares in one lot, if he so desires.
e.
The successful tenderer shall further guarantee that if he goes out of production of spare parts,
then he will make available blueprints, drawings of the spare parts and specifications of materials at no
cost to the purchaser as and when required in connection with the machine to enable the purchaser to
fabricate or procure spare parts from other sources.
f.
In case spares are also ordered with the machine, tenderer will undertake to offer spares for
delivery along with the main equipment only and not before.
16.
Manufacturer’s Recommended List of Spares (MRLS). –
Bidders are requested to provide MRLS to sustain the equipment for a period of two years after
warranty period in following format.
EQUIPMENT: ……………………….
Original Equipment Manufacturer (OEM): …………….
Manufacturer’s
Part
No
Source
of
Supply
Nomenclature
Nos fitted
in
One
equipment
Spare
Parts
List
(ISPL)
as per
TE
Unit
Cost
Recommended
scale for spare
parts
Unit
Cost
Total Cost
As
per
T.E.
As per
Recommended
list of
spares
R
E
M
A
R
K
S
Total Cost
Notes:
1.
Maintenance spares/stores like lubricants, sealing compound, gases should be given separately
giving source of supply.
2.
In ‘Remarks’ column following information (if applicable) be given (a) If an item has a shelf /
operational life it may be indicated.
(b)
Matching set of components be indicated.
(c)
Items which cannot be manufactured in India due to sophisticated design/technology may be
indicated.
(d)
If a component/ assembly is common to other similar equipment offered by the OEM earlier
these should be indicated.
3.
Modules / assemblies should be listed and their components should be included under them so
as to relate each item of spare to their module / assembly.
Page 33 of 38
Part V – Evaluation Criteria & Price Bid Format
1.
Evaluation Criteria - 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 the eligibility and qualifying
requirements of the TE, both technically and commercially.
b.
The Technical Bids forwarded by the Bidders will be evaluated by the Buyer with reference to the
technical specifications of the plant or machine as well as the various clauses of the TE, including
commercial terms, like delivery schedules, guaranteed performance, warranty provisions, acceptance
criteria, after sales support, etc. A “Comparative Statement” shall be prepared based on the basis of
compliance statement and other documents furnished by bidders for analysis of the discordance and the
impact of the same. Comprehensive analysis of the techno-commercial offers will form the basis for
subsequent decision.
c.
The Price Bids of only those Bidders will be opened whose Technical Bids would clear the
technical evaluation.
d.
In cases where only indigenous Bidders are competing, all taxes and duties (including those for
which exemption certificates are issued) quoted by the Bidders will be considered. The ultimate cost to
the Buyer would be the deciding factor for ranking of Bids.
e.
When tenders are received from consortia of foreign and Indian firms, the ranking of bids
(consortia) shall be assessed on CIF basis for foreign supplies & services and ex-works basis for
Indigenous supplies & services, offloading the taxes and duties.
f.
In cases where all the offers are from foreign suppliers, ranking will be assessed on CIF basis.
g.
All the foreign quotes will be brought to a common denomination in Indian Rupees by adopting
the exchange rate as BC selling rate of the State Bank of India on the date of the opening of Price Bids.
h.
In cases where both foreign and indigenous Bidders are competing, following criteria would be
followed –
•
In case of foreign Bidders, the basic cost (CIF) quoted by them, after converting into Rupees,
would be the basis for the purpose of comparison of various tenders.
•
In case of indigenous Bidders, the ex-works cost would be considered, after off-loading the
excise duty on fully formed equipment and ignoring sales tax and other local levies i.e. octroi, entry tax,
etc.
i.
However, order if any, on foreign bidders will be on FOB basis and on indigenous bidders on
DAP destination basis including Excise Duty, Sales Tax and other local levies, Transportation Charges
etc.
j.
For ranking of offers, price of complete scope of supply as detailed in technical specifications
excluding the price of spares will be considered.
k.
If there is a discrepancy between the unit price and the total price that is obtained by multiplying
the unit price and quantity, the unit price will prevail and the total price will be corrected. If there is a
discrepancy between words and figures, the amount in words will prevail for calculation of price.
l.
The Buyer reserves the right to evaluate the offers received by either loading offers appropriately
or by using Discounted Cash Flow method at a discounting rate of 10%. In case cash flow involves more
than one currency, the same will be brought to a common denomination in Indian Rupees by adopting
exchange rate as BC Selling rate of the State Bank of India on the date of the opening of Price Bids.
m.
The Lowest Acceptable Bid will be considered further for placement of contract / Supply Order
after complete clarification and price negotiations, if required, as decided by the Buyer. There will be no
negotiation if price quoted is considered reasonable, else negotiation will be held only with the lowest
(L1) bidder.
n.
The Buyer will have the right to award contracts to different Bidders for being lowest in particular
items.
o.
The consideration of taxes and duties in evaluation process will be as follows:
i)
The Bidders are required to spell out the rates of Customs duty, Excise duty, VAT, Service Tax,
etc in unambiguous terms; otherwise their offers will be loaded with the maximum rates of duties and
taxes for the purpose of comparison of prices.
ii)
If reimbursement of Customs duty / Excise Duty / VAT is intended as extra, over the quoted
prices, the Bidder must specifically say so. In the absence of any such stipulation it will be resumed that
the prices quoted are firm and final and no claim on account of such duties will be entrained after the
opening of tenders.
iii)
If a Bidder chooses to quote a price inclusive of any duty and does not confirm inclusive of such
duty so included is firm and final, he should clearly indicate the rate of such duty and quantum of excise
duty included in the price. Failure to do so may result in ignoring of such offers summarily.
Page 34 of 38
iv)
If a Bidder is exempted from payment of Customs duty / Excise Duty / VAT duty upto any value
of supplies from them, they should clearly state that no excise duty will be charged by them up to the
limit of exemption which they may have. If any concession is available in regard to rate/quantum of
Customs duty / Excise Duty / VAT, it should be brought out clearly. Stipulations like, excise duty was
presently not applicable but the same will be charged if it becomes leviable later on, will not be accepted
unless in such cases it is clearly stated by a Bidder that excise duty will not be charged by him even if
the same becomes applicable later on. In respect of the Bidders who fail to comply with this requirement,
their quoted prices shall be loaded with the quantum of excise duty which is normally applicable on the
item in question for the purpose of comparing their prices with other Bidders. The same logic applies to
Customs duty and VAT also.
2.
Price Preference Policy
For details, Govt. of India Gazette Notification dated 26-03-2012 may be referred; The same has been
circulated vide OFB (MM Div) letter No. 112/5/MM/P&C dated 29-06-2012 and as amended time to time
by GOI.
3.
Price Bid Format:
(A)
The Price Bid Format is given below and Bidders are required to fill this up correctly with full
details:
Sl
Item
Unit Qty
Price
Total Price
1
Basic Price
2
Excise Duty
3
Octori /Entry [email protected]%
4
VAT
5
Service Tax
6
Total distance in KM(to & fro) from OFBL
7
Transportation Charges per KM
8
Insurance
9
Total
10 Grand Total
(B)
Is Excise Duty extra? If yes, mention the following –
a.
Total value of items on which Excise Duty is leviable:
b.
Rate of Excise duty (item-wise if different ED is applicable):
c.
Surcharge on Excise duty, if applicable?
d.
Total value of excise duty payable:
e.
Is Excise Duty Exemption (EDE) required:
f.
If yes, then mention and enclose the following: Excise notification number under which EDE can
be given.
(C)
Is VAT extra? If yes, then mention the following:
a.
Total value on which VAT is leviable:
b.
Rate of VAT:
c.
Total value of VAT leviable:
(D)
Is Service Tax extra? If yes, then mention the following:
a.
Total value of Services on which Service Tax is leviable:
b.
Rate of Service Tax leviable:
c.
Total value of Service Tax leviable:
(E)
Is Custom Duty Exemption (CDE) required? If yes, then mention the following:
a.
Custom notification number under which CDE can be given (Enclose a copy):
b.
CIF value of stores to be imported:
c.
Rate of Customs Duty payable:
d.
Total amount of Customs Duty payable:
(F)
Octroi / Entry taxes:
(G)
Any other Taxes / Duties / Overheads / Other costs:
(H)
Grand Total:
[Note: The format or template for price bid is dependent on scope of supply.]
Page 35 of 38
APPENDIX ‘H’
FORMAT FOR EMD BANK GUARANTEE
(To be submitted on non judicial stamp paper of appropriate value purchased in the name of the issuing Bank)
1.
Whereas ………………………………………………………………………………………..……………
(here in after called the “tenderer”) has submitted their offer dated……………………………………………
for the supply of………………………………………………………………………………………………………
(here in after called the “tender”) against the Purchaser’s tender enquiry No. ……………………………….
……………..………………………..
2.
KNOW ALL MEN by these presents that WE…………………………………………………………….
of……………………………………………………………………………..having our registered office at
…………………………………are bound unto………...……………….(hereinafter called the “Purchaser”)
in the sum of …………………………………………………………………… for which payment will and truly
to be made to the said Purchaser, the Bank binds itself, its successors and assigns by these presents.
Sealed with the Common Seal of the said Bank this…………… day of ………..……….20……
3.
CONDITIONS OF THIS OBLIGATION ARE:
(i)
If the tenderer withdraws or amends, impairs or derogates from the tender in any respect within
the period of validity of this tender.
(ii)
If the tenderer having been notified of the acceptance of his tender by the Purchaser during the
period of its validity:a.
If the tenderer fails to furnish the Performance Security for the due performance of the contract.
b.
Fails or refuses to accept/execute the contract.
4.
WE undertake to pay the Purchaser up to the above amount upon receipt of its first written
demand, without the Purchaser having to substantiate its demand, provided that in its demand the
Purchaser will note that the amount claimed by it is due to it owing to the occurrence of one or both the
two conditions, specifying the occurred condition or conditions.
5.
This guarantee will remain in force upto and including 45 days after the period of tender validity
and any demand in respect thereof should reach the Bank not later than the above date.
…………………………….
(Signature of the authorized officer of the Bank)
………………………………………………………….
Name of the officer
………………………………………………………….
Designation of the officer
………………………………………………………….
Seal, name & address of the Bank and address of the Branch
Page 36 of 38
APPENDIX ‘I’
FORMAT FOR PERFORMANCE BANK GUARANTEE
From
Bank: …………………………………
To
The President of India
Through:
General Manager,
Ordnance Factory Badmal, Bolangir, Odisha, 767070
Dear Sir,
1.
Whereas you (the “PURCHASER”) have entered into a contract No._______________________
dated_________(hereinafter referred to as the “said Contract”) with M/s______________________
(hereinafter referred to as the “SELLER”) for supply of goods as defined in the said Contract and
whereas the SELLER has undertaken to produce a bank guarantee for ___ % of total contract value
amounting to ____________________ (amount of the guarantee in figures and words) to secure its
obligations to the PURCHASER in accordance with the said Contract.
2.
We _______________ (the Bank) hereby expressly, irrevocably and unreservedly undertake and
guarantee as principal guarantor on behalf of the SELLER that, we will pay you on your demand
declaring the SELLER to be in default under the said Contract, without demur or contest, all and any
sum up to a maximum of Rupees ___________________________ only. Your written demand shall be
conclusive evidence to us that such repayment is due under the terms of the said Contract.
3.
We undertake to effect payment upon receipt of such written demand, notwithstanding any
dispute or disputes raised by the SELLER in any suit pending before any Court, Tribunal, Arbitrator or
any other authority, our liability under this present being absolute and unequivocal.
4.
We shall not be discharged or released from this undertaking and guarantee by any
arrangements or variations made between you and the SELLER, indulgence to the SELLER by you or
by any alterations in the obligation of the SELLER or by any forbearance whether as to payment, time,
performance or otherwise.
5.
In no case shall the amount of this guarantee be increased.
6.
This guarantee shall remain in full force and effect until 60days beyond the warranty period as
specified in the contract i.e. up to _________ (expiry date) [^or until the PURCHASER has signed the
Final Acceptance Certificate (FAC) and has received the contractually agreed Warranty Bond as per the
said Contract]. In case of delay in fulfillment of obligations by the SELLER, the expiry date shall be
extended by us as per intimation from the SELLER.
7.
Unless a demand or claim under this guarantee is made to us in writing on or before the
aforesaid expiry date or extended expiry date, all your rights under this guarantee shall be forfeited and
we shall be discharged from the liabilities hereunder.
8.
This guarantee shall be continuing guarantee and shall not be discharged by any change in the
constitution of the Bank or in the constitution of the SELLER.
9.
We lastly undertake not to revoke this guarantee during its currency except with the previous
consent of the PURCHASER in writing.
Yours faithfully,
for ____________________ Bank
(Authorised Signatory)
Place : ____________________
Date : ____________________
Seal of the Bank
^To be inserted if so agreed to and stipulated in the contract.
Page 37 of 38
APPENDIX ‘K’
FORMAT FOR WARRANTY BOND
To
The President of India
Through :
General Manager
Ordnance Factory Badmal, Bolangir, Odisha, 767070
Bank Guarantee No. ………………………………….………………………Dated:………………………..
Bank Guarantee Amount …………………………………………………………………...…………………
Sir,
1.
In consideration of President of India (hereinafter referred to as PURCHASER) having entered
into a CONTRACT with M/S ……………………………………………… (hereinafter referred to as
CONTRACTOR) bearing the contract number ……………………… dated ……………… (hereinafter
referred to as CONTRACT) for supply of ________________________ (hereinafter referred to as the
“Plant/Machinery”) we, ……………………………………. (the Bank) hereby irrevocably undertake and
guarantee to you to pay you all or any sum up to a maximum of ………….……………….., being 5% of
the total price of CONTRACT to secure warranty obligations of the CONTRACTOR as per the
CONTRACT.
2.
In terms of the CONTRACT, the CONTRACTOR has guaranteed that the said Plant/Machinery
has been built fully in accordance with the specification and will operate as provided in the CONTRACT.
3.
We hereby guarantee that we shall pay to you on demand and without demur the above
mentioned sum, within three days of receipt of your written demand stating that there is breach of the
warranty provisions of the CONTRACT on the part of the CONTRACTOR.
4.
This guarantee shall be valid until two months after the warranty period as per the Contract, i.e.
up to ………….. (date), except in respect of defects that occurred prior to expiry of such date and
notified to the CONTRACTOR as per contractual terms. Written request will be made by the
CONTRACTOR to renew/extend the Guarantee prior to its expiry to cover extended warranty for
defects.
5.
We undertake to effect payment upon receipt of such written demand, notwithstanding any
dispute or disputes raised by the SELLER in any suit pending before any Court, Tribunal, Arbitrator or
any other authority, our liability under this present being absolute and unequivocal.
6.
We further agree that decision of the PURCHASER as to whether there is breach of the warranty
provisions of the CONTRACT on the part of the CONTRACTOR shall be final, binding and conclusive so
far as we are concerned. Any approval or acceptance by the PURCHASER of the Plant/Machinery or
materials or components incorporated therein shall not in any way limit the liability of the
CONTRACTOR.
7.
We shall not be discharged or released from the guarantee by any arrangement made between
the PURCHASER and the CONTRACTOR with or without our assent or by any alteration in the
obligations undertaken in the said CONTRACT or any forbearance regarding payment, time,
performance or otherwise. In any case, our guarantee is limited and shall not exceed the above
mentioned amount.
8.
This guarantee is being furnished for release of 10% of the total contract price to the
CONTRACTOR, after adjusting any amount due to the PURCHASER if any, as per the CONTRACT.
9.
This guarantee shall not be discharged due to change in the constitution of either the Bank or the
CONTRACTOR.
10.
We, …………Bank, lastly undertake not to revoke this guarantee during its currency except with
the previous consent of the PURCHASER in writing.
Yours faithfully,
for ____________________ Bank
(Authorised Signatory)
Place : ____________________
Date : ____________________
Seal of the Bank
Page 38 of 38
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