Phone No.

23016104 Government of India

E-mail - diros.gs-oscc@nic.in
Directorate General of Ordnance Services
Master Gen of Ord Branch
Integrated Headquarters MoD (Army)
Procurement Division, OS-PI, CP Cell
Room No. 107, D-II Wing, Sena Bhawan
DHQ PO, New Delhi -110 011

A/60135/Gloves ECW/DGOS/OS-PIII/Proc Sec 26 Aug 2019

INVITATION OF BIDS IN TWO BID SYSTEM FOR SUPPLY OF ITEM : CAT/PART NO NIV
GLOVES ECW (MODIFIED) OUTER AND GLOVES ECW INNER

1. The online Bids under Advertised Tender Enquiry (TWO BID SYSTEM) are invited by the
Director General of Ordnance Services for and on behalf of the President of India for supply of
items listed in Part II of this RFP for the defence forces. The Tender No A/60135/Gloves
ECW/DGOS/OS-PIII/Proc Sec can be viewed at www.defprocure.gov.in.

2. The address and contact numbers for sending bids or seeking clarifications regarding this
RFP are given below:-

(a) Bids and queries to be Directorate General of Ordnance Service,

addressed to Master General of Ordnance Branch

(b) Postal address for sending Directorate General of Ordnance Service,

original documents (EMD etc) as Master General of Ordnance Branch
specified in clause part -1 of Integrated Headquarters of MoD (Army)
RFP Room No- 107, D-II Wing, Sena Bhawan
DHQ PO, New Delhi -110 011
(c) Name/Designation of the contact Brig OS (GS&C)
personnel Phone No : 011-23794932
(d) e-mail ID of contact personnel diros.gs-oscc@nic.in

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

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

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

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

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

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

4. This RFP 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
RFP, should it become necessary at any stage.

5. Please note the following:-

(a) Your quotation must indicate unconditional acceptance of all terms and conditions
of this RFP, failing which it is liable to be rejected. You, may, however indicate desired
terms and conditions which may be accepted/rejected at the sole discretion of the buyer.
Certificate with respect to unconditional acceptance must be put in Technical Bid.

(b) As per RBI, PAD New Delhi ruling, Government Departments maintaining
accounts with PAD, New Delhi are to switch over to electronic mode for making payment
to vendors and others. Hence, details will be submitted as per Page 2, Part I, Para 2 (b)
(v) & (vi).
 2
PART I – GENERAL INFORMATION
1. Critical Dates. The critical dates with respect to the tender No A/60135/Gloves
ECW/DGOS/OS-PIII/Proc Sec are as follows:-

CRITICAL DATE SHEET

Ser No Item Date Time
(a) Published Date 26 Aug 2019 1700 hrs
(b) Bid Document Download 26 Aug 2019 1700 hrs
(c) Clarification Start Date 26 Aug 2019 1700 hrs
(d) Pre bid meeting Not required
(e) Bid Submission Start 26 Aug 2019 1700 hrs
(f) Clarification End Date 03 Sep 2019 1000 hrs
(g) Bid Submission End 23 Sep 2019 1230 hrs
(h) Bid Opening start 24 Sep 2019 1230 hrs

2. Manner of Depositing the Bids. The bids will be submitted in the following manner:-

(a) Physical Documents. The original EMD instrument, as per Para 12 below shall
be submitted physically prior to bid submission closing date in an envelope duly marked
with Tender ID along with a covering letter under company letter head. In case EMD is
exempted, necessary proof of the exemption be submitted online.

(b) E-Bid Cover- 1 (online). Cover- 1 will contain the Technical Bids consisting of
following in a single PDF file:-

(i) Regd Firms. Firms which are regd with DGQA/DRDO/NSIC/MSME or

any other Central Purchase Organization for the similar product to submit scanned
copy of proof of valid Registration/Capacity Verifications (CV).

(ii) Unregistered Firms. Unregistered firms claiming compliance to technical

specification are required to submit all capacity verification documents to
concerned area SQAO/SQAE (GS) prior to bid opening date as per JSG-015-
2018. List of documents required for capacity verification are attached as per
Appx ‘A’, ‘B’ and ‘C’ to the RFP. Firms are also required to enclose proof of
submission of these documents to SQAO/SQAE (GS) alongwith technical bid. If
proof of submission of capacity verification documents is not found attached with
technical bid, the firm will be rejected during TEC 1 st stage itself. No extra chance
for submission of documents/deficiency documents will be given before conduct of
TEC 1st stage. Confirmation regarding submission of capacity verification
documents will be obtained from concerned area SQAO/SQAE (GS). The
machinery norms/guidelines required for manufacture and supply of item be
obtained from CQA (T&C), Kanpur and also attached as per Appx ‘D’.
(iii) Vendors who are registered with DGQA or have supplied same/similar
items during last three (03) years from the date of issue of this RFP, will provide
documents/certificate in support of their claim along with the technical bids. No
claims whatsoever in this regards will be entertained at a later stage.
(iv) DGQA will carry out the capacity verification of the manufactures as per
JSG 015:2018 (Fourth Revision) on single shift basis.

(v) However, if the firm has the authorization from the competent authority and
opted to produce the store on multiple shift basis and quote the same in their
technical bid. Firm desirous of getting their CV assessment for multiple shift will
explicitly express in writing that they are bidding for multiple shift (two/three shift)
and same need to be verified during CV visit.

(vi) The firm will be required to submit the prototype samples manufactured in
presence of board of officers at the time of visit to their firm.

(vii) CV to be carried out after completion of TEC and on intimation to do so by

the PO.
(viii) PAN No & GST Registration No. Scanned copy of PAN No, GSTIN
Regn certificate will be uploaded. Vendor will also mention HSN Code and the
GST rates applicable on a separate page alongwith the supporting documents.
 3

(ix) Bank Certificate of Worthiness. Bank certificate of credit worthiness

along with the balance sheets of last three years (i.e. for 2015-16, 2016-17 and
2017-18) certified by a CA to be uploaded with the technical bids.

(x) Bank details. Following bank details will be uploaded on a separate page:-

(aa) EFT Account No.

(ab) Particulars of Bank and A/c No.
(ac) IFSC Code.
(ad) Any other relevant information for making payment through EFT
(upload).
(xi) Tender Conditions Acceptance Certificate. The bidder will submit
unconditional acceptance of all the tender conditions of the online RFP and furnish
a certificate as per Appx ‘E’. The certificate duly signed shall be scanned and
uploaded. In case of any deviations, the bid shall be rejected. If the certificate is
signed by legally authorised signatory, a copy of the authorization letter be
enclosed/uploaded.

(xii) Compliance of Specifications. The bidder will submit Clause by clause

compliance of specifications certificates as mentioned in Para 2 (a) Part II of the
RFP as per Appx ‘F’.

(xiii) Undertaking on Blacklisting. The bidder will furnish an undertaking duly

signed and stamped stating that:-

“We, M/s……… certify that the firm has not been blacklisted or banned by any
Govt Deptt on any account”.
OR
“We, M/s ……….. have been blacklisted/banned by the …….. (Name of
agency/Deptt) as per following details:-

(xiv) Details of Firm.

(aa) Full postal address of the firm.

(ab) E-mail ID.
(ac) Details of authorized person along with their details i.e. Name of
person, designation (Proprietor, director or partner) and specimen
signature.

(xv) Valid Tele Numbers of the firm and details of auth representative with
designation will be fwd on a separate page.

(xvi) Certificate duly signed by bidder declaring that if they withdraw or modify
their bid during the period of validity, or if they are awarded the contract and they
fail to sign the contract or fail to submit PBG before the deadline defined, they will
be suspended for the period of time not less than one year for being eligible to
submit bids for contract with the buyer.
(xvii) Financial Standing (Under all Conditions).
(aa) The average annual financial turnover of the bidder during last
three years ending 31 Mar 2019 should not be below ₹ 2.50 Cr as per
annual report. Accordingly, the bidder is reqd to enclose the audited
balance sheet and profit and loss certificate of last three completed financial
year duly countersigned by chartered accountant.
(ab) The bidder is also required to enclose a certificate stating that they
have not suffered any financial cash loss more than one year during the last
three years ending on 31 Mar 2019.

(c) E-bid Cover- II (online). Commercial bid packet will be submitted as Cover II and
will consist of following and will be submitted online:-
(i) Commercial bid in the form of “BOQ” (Bill of Quantities).
 4

(ii) Scanned copy of “Additional Charges/ Discounts” containing details of items

with Financial implications on the bid. The format of the same is att as Appx ‘G’.

(iii) If a firm quotes NIL charges/consideration, the bid shall be treated as

unresponsive and will not be considered. Incorrect entry in BOQ will also render
the bids invalid.

(d) Address for Despatch of Physical Documents . All physical documents will be
forwarded/dropped in the Tender Box, placed at Gate No - 1, behind Guard Post, Sena
Bhawan, New Delhi - 110011 on or before tender opening date duly addressed to
Directorate General of Ordnance Services, Master General of Ordnance Branch,
Integrated Headquarters MoD (Army), CP cell, Room No. 107, D-II Wing, Sena Bhawan,
New Delhi -110 011.

3. Forwarding of Bids.

(a) Submission of Original Physical Documents . The documents specified in

Para 2 above to be submitted well before opening of technical bids online.

Date & time of submission of original physical On or before bid submission

documents. closing date i.e 23 Sep
2019 by 1230 hrs.
Date & time of opening of technical bids online. 24 Sep 2019 at 1230 hrs.

(b) The TECHNICAL and COMMERCIAL bid will be submitted “Online Only”

(c) The TECHNICAL BID and the COMMERCIAL BID should be submitted by the
bidder duly digitally signed by the legal owner of the firm or the person auth by him to do
so.

(d) Instructions for Online Bid Submission/ Instructions to the Bidders to submit the
bids online through the Central Public Procurement Portal for e Procurement are
available at https://defprocure.gov.in/. Brief of Instructions are also att as Appx ‘H’.

4. Time and Date for Opening of Bids. 24 Sep 2019 at 1230 Hrs.

Note. If due to any exigency, the due date for opening of the Bids is declared a closed
holiday, the Bids will be opened on the next working day at the same time or on any other
day/time, as intimated by the Buyer.

5. Opening of Two Bid System.

(a) The Technical Bids shall be opened as per critical date sheet mentioned in
this tender document. The evaluation of Technical Bid will be carried out off-line and the
results of the evaluation will be uploaded on the Central Public Procurement Portal
(https://defprocure.gov.in/).

(b) The Commercial Bids of only those Bidders whose Technical Bids meet all the
stipulated (Technical) requirements shall be opened. The date of opening will be
intimated to the Bidders through Central Public Procurement Portal
(https://defprocure.gov.in/).

6. Clarification Regarding Contents of the RFP. 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 14 (fourteen) days prior to the date of opening of
the Bids. Copies of the query and clarification by the purchaser will be uploaded as corrigendum
for all prospective bidders who have received the bidding documents.

7. Modification and Withdrawal of Bids.

(a) The Bidder may modify (resubmit) his bid after submission, as per the provisions
available of the portal. No bid shall be modified after the deadline for submission of bids.

(b) If bidder desires to withdraw before bid submission closing date/time, he may do
so online in the portal and offline EMD would be refunded. Once bidder withdraws online,
he cannot participate again in this tender.
 5

(c) Bids will not be allowed to be withdrawn in the interval between the
deadline for submission of bids and expiry of the period of the specified bid
validity. Withdrawal of a bid during this period will result in forfeiture of Bidder’s
Bid Security/ EMD.

8. Clarification Regarding Contents of the Bids. The detailed instructions for bidders are
attached as to this RFP. 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.

9. Rejection of Bids. Canvassing by the Bidder in any form, unsolicited letter, wilful
default, forwarding of fake/forged documents in instant case or any other case with any
Government Department, Poor performance of firm, post-tender correction may invoke
summary rejection with forfeiture of EMD. Conditional Bids will not be accepted.

10. Unwillingness to Quote. Bidders unwilling to quote should ensure that intimation to
this effect reaches before the due date and time of opening of the Bid, failing which the
defaulting Bidder may be delisted for the given range of items as mentioned in this RFP.

11. Validity of Bids. The Bids should remain valid till 23 Sep 2020 (i.e. for a period of 365
days) from the last date of submission of the Bids.

12. Earnest Money Deposit.

(a) Bidders are required to submit Earnest Money Deposit (EMD) for a sum of
₹ 24,00,000.00 (Rupees Twenty four lakhs only) in favour of PCDA, New Delhi. The EMD
may be submitted in the form of an Fixed Deposit Receipt or Bank Guarantee (BG) from
any of the public sector banks or a private sector bank authorized to conduct government
business as per Form DPM-13 (Available on MoD website). BG form for Earnest Money
Deposit is attached as Appx ‘J’ to this RFP.

(b) EMD is to remain valid for a period of forty-five days beyond the final bid validity
period i.e. 07 Nov 2020. EMD of the unsuccessful bidders will be returned to them at the
earliest after expiry of the final bid validity and latest on or before the 30th day after the
award of the contract.

(c) The Bid Security of the successful bidder would be returned, without any interest
whatsoever, after the receipt of Performance Security from them as called for in the
contract. EMD submitted by firm will be accepted only after verification from issuing
authority.

(d) EMD is not required to be submitted by those Bidders who are registered for same
item/range of products/goods or services with the Central Purchase Organization,
National Small Industries Corporation (NSIC), MSME or Concerned Departments or
Ministries of the Govt of India. In case EMD is exempted necessary proof of exemption
be submitted on-line duly scanned.

(e) 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 the tender.

13. Capacity Verification (CV).

(a) DGQA shall carry out CV on single shift basis. However at the time of submission
of tech bids, if the firm intimates that it opts to produce the item on multiple shift basis,
DGQA will also assess the capability of the firm to work in more than one shift which will
be clearly reflected in the CV report. Final decision on granting multi shift capability will
be taken by the CFA based on the recommendation of the procurement committee.
Regarding submission of documents required in case of the firm who were successfully
verified for capacity assessment during last three year from date of opening of tender,
only those documents where any changes have taken place in infrastructure, constitution
of the firm and any other documents subsequently, need to be submitted. The firm should
also submit the letter from PO to this effect that the CV was approved during last three
year for the said products involving similar Technology. After Price Bid opening, no claim
for enhanced capacity will be entertained. For multiple shifts refer Pt-III of Appx ‘B’.
 6

(b) Capacity. The assessment of the capacity of firms will be for purpose of
loading/placing SOs based on their manufacturing ability and the financial health.

(c) DGQA Registered Cases. Capacity of DGQA registered firms will also be
decided based on the registration of the firms.
13. Relaxation to ‘Start Up’ under Make in India Initiative. For firms participating as Start
up’ under Make in India initiative on GOI, there will be no turnover clause required (experience
& financial capability). Firms claiming relaxation under this clause shall submit proof of
registration under “Start Up” under Make in India Initiative. However, it is must that the firm
should be ToT holder firm from DMSRDE, Kanpur.

14. Amendments/Extension of Tender Opening Date. Situation may arise necessitating

modification/amendment in tender documents already published/issued or after receiving the
tender documents, a tenderer may point out some genuine mistakes necessitating amendments
in the tender documents. In such cases, necessary amendments/ modification will be made by
means of corrigendum prior to the date of bid opening.

15. Cartel Formation/Pool Rates/Bid Rigging/Collusive Bidding etc . As per Para 8.1.13
of Manual for Procurement of Goods 2017, quoting of pool rates/cartel formation, bid
rigging/collusive bidding is against the basic principle of competitive bidding and defeats the
very purpose of open and competitive tendering system. Such practices will be severely
discouraged with strong measures. Suitable administrative action like rejection the offers,
reporting the matter to Competition Commission of India, registering authority e.g.
DGQA/NSIC/GeM etc. will be initiated against such firms, on case to case basis, as decided by
the competent authority. Ministries/Departments will also bring such unhealthy practice to the
notice of the concerned trade association like FICCI, ASSOCHAM, NSIC etc requesting them,
inter alia, to take suitable strong actions against such firms. The Ministries/Departments may
also encourage new firms to get themselves registered to break the monopolistic attitude of the
firms giving pool rate/forming cartel. Purchase may also debar the tenders indulging in cartel
formation/collusive bidding/bid rigging for a period of two years form participation in the tenders
of the purchaser.

16. Jurisdiction of Courts. The courts within the Municipal limits of Delhi shall alone
have jurisdiction to decide any dispute arising out of or in respect of the contract.

17. Submission of online and physical documents as specified in the RFP are mandatory.
Non submission of any mandatory documents as mentioned in the RFP will render the bid as
invalid and the bidder may be declared as RFP non-compliant.

Yours faithfully,

Lt Col
GSO-1 (OS-PIII)
For and on behalf of the President of India
Copy to :-

1. Commandant, COD Kanpur

2. GSO-1 (OS-PIII), CP Cell, Sena Bhawan, D-II Wing, Room No - 101, New Delhi - This
has reference to the indent No IND/OS/ECC&E/CM/05/2012-15 dated 11 Feb 2013.

3. DGQA (S), New Delhi.

4. The Controller CQA (T&C), Ashok Path, Kanpur - 208004 *

* You are requested to go through the tender enquiry (TE) & if there are any
discrepancies, the same may please be intimated to this office for early amendment. If no
response is received within a week, then it will be presumed that the TE is in order.
 7

Part II – Essential Details of Items/Services required

1. Schedule of Requirements. List of items / services required is as follows:

(a) Item: Cat Part No : NIV

(b) Description of Item : Gloves ECW (Modified) Outer and Gloves ECW Inner

(c) Quantity Required : 1,00,000 Sets

Small - 38,912 Sets

Medium - 35,686 Sets
Large - 25,402 Sets

(d) Only one rate for all sizes.

2. Technical Details Along With Technical Parameters.

(a) Specifications/drawings, as applicable Provisional Specification No: DMSRDE/

FF&IT/2007/466/1(b) and provisional
specification No DMSRDE/ FF&IT/2007/
466/2 (b) with amendment No 1, certified
samples and Schedule No CQA (T&C)TC-
15/8(d)
(b) Technical details with technical Not Applicable
parameters
(c) Requirement of training/on-job training Not Applicable
(d) Requirement of Not Applicable
installation/commissioning
(e) Requirement of Factory Acceptance Not Applicable
Trials (FAT), Harbor Acceptance Trails
(HAT) and Sea Acceptance Trials (SAT)
(f) Requirement of Technical documentation As per relevant specification.
(g) Nature of assistance required after Not Applicable
completion of warranty
(h) Requirement of pre-site/equipment Yes
inspection
(j) Any other details, as considered As per specification of the item
necessary

3. Clarification of Technical Details. For any clarifications on Technical matter/Drawing

& Specifications, Capacity verification, tenderers may approach the following Quality Assurance
Authority directly on submission of certificate attached as Appx ‘K’.

The Controller,
Government of India, Min of Defence
Controllerate of Quality Assurance (T&C)
DGQA Store Complex, Kanpur-208004
Email - cqatc-dgqa@nic.in
Tele No - 0512-2328607-16
Fax No - 0512-2324529
4. Two Bid System. In respect of Two Bid System, bidders are required to furnish clause
by clause compliance of specifications bringing out clearly the deviations from specifications, if
any. The Bidders are advised to submit the compliance statement in the following format
alongwith Technical Bid - Para of RFP specifications item wise.

Para of RFP Specifications Compliance to In case of Non- compliance

specification of item RFP specification deviation from RFP to be
(Item-wise) offered. (whether Yes/No) specified in unambiguous terms.

5. Tender Sample. Not applicable.

 8

6. Delivery Period.
(a) Full qty 1,00,000 Sets to be supplied within 13 months or earlier from the effective
date of contract including submission and passing of Advance Sample from concerned
AHSP.

(b) Please note that contract can be cancelled by the Buyer in case items are not
received within the contracted delivery period.
7. Delivery Period Extension.
(a) Any request for DP extension by the Seller should reach the Buyer minimum 45
days prior to the expiry of Delivery Period/Extended Delivery Period, as this much time is
required for processing case for Delivery Period extension by the Buyer. An undertaking
by the seller certifying that the supply shall be completed within the extended Delivery
Period is mandatory with the application. Seller should fwd Request for DP extension as
per format attached as Appx ‘L’.
(b) Extension of contracted delivery period will be at the sole discretion of the Buyer,
with LD, RR clause and Denial clause and other applicable clauses.
(c) Seller is also required to extend the validity period of the Performance Bank
Guarantee for the subject contract up to 14 months from the last date of DP extension
granted. The PBG will be submitted at the earliest, but not later than 15 days of the issue
of DP extension letter. In case of non receipt of PBG by the buyer within this period, the
DP extension will become null and void.
8. Advance Sample Clause.
(a) Qty 02 Sets of each size alongwith sufficient garniture items (i.e. 03 meters of each
fabric/leather, 1 dozen metal components each and 1 spool/roll of sewing thread) as
advance sample of acceptable quality should be submitted to the Controller, CQA (T&C),
Ashok Path, Kanpur -208 004 within 30 days from the date of signing of supply order for
test and approval prior to commencement of bulk manufacture. CQA (T&C) to inspect the
advance sample within 45 days of submission of advance sample by the firm. In case the
advance sample fails in the test, the firm may re-submit the rectified advance sample
within 30 days from the date of issue of non acceptance letter by CQA (T&C). CQA (T&C)
to inspect the 2nd advance sample within 30 days of re-submission of advance sample by
the firm.
(b) The overall time for submission of advance sample and its passing by the AHSP is
included in the 13 month delivery period. Maximum two chances will be accorded for
submission of advance sample to CQA (T&C) (as mentioned above at para 8 (a).
(c) The date of clearance of advance sample intimation by AHSP will be considered
as the date of BPC. (No re-fixing of Delivery Period will take place after passing of
advance sample). CQA (T&C) to declare the results on receipt of confirmation of PBG by
the buyer.
(d) Specification of the tendered item can be obtained by firms from CQA (T&C),
Kanpur and also attached as Appx ‘M’ of RFP.
(e) Testing of Basic Material. Wherever, it is not possible to extract basic material
from made up store for testing, supplier should get basic material tested and approved
from CQA (T&C)/SQAE area concerned prior to manufacturing the made up store.
(f) Testing of sample. The testing of advance samples and bulk sample will be
carried out at the designated AHSP Labs. When test facilities are not available, facilities
of Govt Labs/NABL Accredited Labs will be utilized. Testing charges shall be borne by the
seller.
(g) Reference Sample. SQAE (GS) concerned shall select four reference samples
from the 1st accepted lot, two for consignee, one each for AHSP & SQAE (GS). These
reference samples will be marked and sealed as reference samples with proper tag to
avoid tampering & it will be mentioned on the tag that the reference sample shall be used
for make, shape, workmanship & finish only. The two reference samples for the
consignee will be put in package No.1 & the same will be mentioned on the I/Note.
Further SQAE (GS) shall forward the reference sample to AHSP through courier/any
other suitable method.
 9

(h) Random Sampling. The random sampling of subject item will be carried out by
the consignee from the bulk supplies and in case any discrepancy noticed with the
reference sample the item will be sent for testing of quality to DGQA/auth labs for
analysis and reporting. Final receipt will be issued subject to clearance of such samples
during the inspection. In case of any abnormality noticed the contract is liable to be
cancelled at the risk and cost of the seller.

9. Consignee Details. Delivery at site FOR Destination i.e. Commandant, COD Kanpur.

10. Timelines to be followed. The following are the timelines to be followed by the seller:-

(a) Submission of acknowledge copy of supply order - Within seven days from the
date of signing of contract.
(b) Submission of PBG - Within 30 days of the date of the SO.
 10
Part III – Standard Conditions of RFP
The Bidder is required to give confirmation of their acceptance of the Standard Conditions of the
Request for Proposal 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. Effective Date of the Contract. Normally the contract shall come into effect on the
date of signatures of both the parties on the contract except when some other effective date is
mutually agreed to and specifically indicated / provided in the contract. The deliveries and
supplies and performance of the services shall commence from the effective date of the
contract.
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 (Municipal limits of Delhi). The standard clause
of arbitration is as per Forms DPM-7, and DPM-9 (Available in MoD website and can be
provided on request). Defence Secretary/ Additional Secretary/CFA will be appointing authority
for appointment of Arbitrator to decide the dispute after legal advice sought from LA (Def).
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 disfavor 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 LIBOR rate. The Buyer will also have the right to
recover any such amount from any contracts concluded earlier with the Government of India.
 11

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.

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. Liquidated Damages. In the event of the Seller's failure to submit the Bonds,
Guarantees and Documents, supply the stores/goods and conduct trials, installation of
equipment, training, etc as specified in this contract within stipulated time frame, the Buyer may,
at his discretion, withhold any payment until the completion of the contract. The BUYER may
also deduct from the SELLER as agreed, liquidated damages to the sum of 0.5% of the contract
price of the delayed/undelivered stores/services mentioned above for every week of delay or
part of a week, subject to the maximum value of the Liquidated Damages being not higher than
10% of the value of delayed stores.

9. 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 delivery of the material is delayed for causes not attributable to Force Majeure
for more than one month 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
one month provided Force Majeure clause is included in contract.

(d) The Buyer has noticed that the Seller has utilized the Corrupt or fraudulent
practices/services of any Indian/ Foreign agent in getting this contract and paid any
commission to such individual/company etc.

(e) As per decision of the Arbitration Tribunal.

10. 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/speed post or
registered pre-paid mail/airmail to the address and/or e-mail ID thus provided in the bid
document. It will be the seller’s responsibility to retrieve correspondence sent on the given
address/e-mail ID. Buyer will not be responsible for any postal/technical delay in receipt of
communication at given address/e-mail ID. Seller will be responsible for notifying any change in
address/e-mail ID.

11. 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.

12. 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 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.

13. 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.
 12

14. Taxes and Duties in Respect of Indigenous Bidders.

(a) General

(i) Bidders must indicate GST likely to be paid in connection with delivery of
completed goods specified in RFP. In absence of this, the total cost quoted by
them in their bids will be taken into account in the ranking of bids. The GST
component should clearly specify the IGST, SGST and CGST components of
the tax separately.

(ii) If a Bidder is exempted from payment of GST upto any value of supplies
from them, he should clearly state that no such tax 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 any duty/tax, it should be brought out clearly. In such
cases, relevant certificate will be issued by the Buyer later to enable the Seller to
obtain exemptions from taxation authorities.

(iii) Any changes in levies taxes and duties levied by Central/State/Local

Governments such as GST on final product upward as a result of any statutory
variation taking place within contract period shall be allowed reimbursement by the
Buyer, to the extent of actual quantum of such duty/tax paid by the Seller.
Similarly, in case of downward revision in any such duty/tax shall be reimbursed to
the Buyer by the Seller. All such adjustments shall include all reliefs, exemption,
rebates, concession etc, if any, obtained by the Seller. Section 64-A of Sales of
Goods Act will be relevant in this situation.

(iv) Levies, taxes and duties levied by Central/State/Local Governments such

as GST etc on final product will be paid by the Buyer on actual, based on relevant
documentary evidence. Taxes and duties on input items will not be paid by Buyer
and they may not be indicted separately in the bids. Bidders are required to
include the same in the pricing of their product.

(b) GST. GST has been implemented with effect from 01 Jul 2017. All participating
firms should be GST compliant/registered only.
 13
Part IV – SPECIAL CONDITIONS OF RFP
The Bidder is required to give confirmation of their acceptance of Special Conditions of the RFP
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 Guarantee. The Bidder will be required to furnish a Performance
Guarantee by way of Bank Guarantee (PBG) through a public sector bank or a private sector
bank authorized to conduct government business (i.e. Axis Bank, ICICI Bank & HDFC Bank) for
a sum equal to 10% of the contract value within 30 days of receipt of the confirmed order. The
delay in submission of PBG will be deducted from the total DP while granting of BPC. PBG
should be valid up to 60 days beyond the date of warranty. The specimen of PBG is given in
Form DPM-15 (Available in MoD website and attached herewith as Appx ‘N’). Non submission
of PBG within the specified time will be considered as a Breach of Contract and the contract is
liable to be cancelled at the risk and cost of the contractor. The PBG is an assurance that the
seller will act in the right earnest in honoring the contract since the contract is being entered on
behalf of the President and for the Defence forces. PBG will be forfeited and credited to the
procuring entity account in the event of a breach of contract by contractor. PBG will be
accepted only if ratified from issuing bank. PBG must contain the name, designation and code
number of bank official signing the guarantee. Any violation in the terms and conditions of the
contract by the seller will lead to forfeiture of Performance Guarantee as decided by the buyer
without assigning any reason for imposing sanction for violation of this pact. Please note
that PBG submitted against one contract can be en-cashed in case of breach of contract by the
firm in any other contract.

2. Tolerance Clause. To take care of any change in the requirement during the period
starting from issue of RFP till placement of the contract, Buyer reserves the right to 25%
plus/minus increase or decrease the quantity of the required goods upto that limit without any
change in the terms & conditions and prices quoted by the Seller. While awarding the contract,
the quantity ordered can be increased or decreased by the Buyer within this tolerance limit.

3. Payment Terms for Indigenous Sellers. 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/EFT mechanism instead of payment through cheques, wherever
feasible. A copy of the model mandate form prescribed by RBI to be submitted by Bidders for
receiving payments through ECS is at Form DPM-11 (Available in MoD website and can be
given on request). The payment will be made by Paying Authority as per the following terms:-

(a) 90% of the price will be paid by the paying authority on production of following
documents by vendor:-
(i) Receipt of proof of dispatch of 100% stores to the consignee.
(ii) Production of Inspection notes.
(iii) Photocopy of Bank Guarantee.
(iv) Consignee’s receipt of stores (Receipt Voucher).
(b) The bills shall not be routed through the consignee or this office but shall be raised
direct on the Paying Authority.
(c) Balance 10% shall be paid on receipt of complete consignment and adjusting the
amount of LD, if applicable.

(d) PBG will be released to the firm only on receipt of No Loss Certificate (NLC) from
the consignee, after completion of all contractual liability including warranty.

4. Enhancement/Reduction of Rates. No enhancement in rates/prices will be made

unless the contract specifically provides for it. The change due to variation in GST and the
contract duties/other Government taxes & levies and the contract provides for payment of duties
on the basis of the actual rates, provided that the change in taxes is effected within the original
delivery period and the supply is completed during the original delivery period. No change in
taxes will be applicable to the qty of stores supplied after the original delivery period even if the
enhanced taxes are accepted and amendment letter to the effect is issued.
5. Advance Payments. No advance payment(s) will be made.
 14

6. Paying Authority for Indigenous Sellers. PCDA, ‘G’ Block, New Delhi-11. The
payment of bills will be made on submission of the following documents by the Seller to the
Paying authority.

(a) Ink-signed copy of contingent bill / Seller’s bill.

(b) Ink-signed copy of Commercial invoice / Seller’s bill.

(c) Copy of Supply Order/Contract with U.O. number and date of IFA’s concurrence,
where required under delegation of powers.

(d) CRVs in duplicate.

(e) Inspection note.

(f) Claim for statutory and other levies to be supported with requisite documents/
proof of payment such as GST challan as applicable.

(g) Exemption certificate for GST, if applicable.

(h) Guarantee/Warranty certificate.

(j) Copy of PBG/Indemnity Bond deposited with buyer, if applicable.

(k) DP extension letter with CFA’s sanction, U.O. number and date of IFA’s
concurrence, where required under delegation of powers, indicating whether extension is
with or without LD.(If applicable)

(l) 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).

(m) Any other document / certificate that may be provided for in the Supply Order /
Contract/User acceptance.

7. Fall Clause. The following fall clause will form part of the contract placed on successful
Bidder:

(a) The price charged for the stores supplied under the contract by the Seller shall in
no event exceed the lowest prices at which the Seller sells the stores or offers to sell
stores of identical description to any persons/ Organizations including the purchaser or
any department of the Central government or any Department of State government or
any statutory undertaking of the Central or State government as the case may be during
the period or till the performance of all Supply Orders placed during the currency of the
contract is completed.

(b) If at any time, during the said period the Seller reduces the sale price, sells or
offer to sell such stores to any person/ organization including the Buyer or any Deptt, of
central Govt. or any Department of the State Government or any Statutory undertaking of
the Central or State government as the case may be at a price lower than the price
chargeable under the contract, he shall forthwith notify such reduction or sale or offer of
sale to the purchaser / contracting authority and the price payable under the contract for
the stores of such reduction of sale or offer of the sale shall stand correspondingly
reduced. The above stipulation will, however, not apply to:-

(i) Exports by the Seller.

(ii) Sale of goods as original equipment at price lower than the prices charged
for normal replacement.

(iii) Sale of goods such as drugs which have expiry dates.

 15

(iv) Sale of goods at lower price on or after the date of completion of sale /
placement of the order of goods by the authority concerned under the existing or
previous Rate Contracts as also under any previous contracts entered into with the
Central or State Govt. Depts, including their undertakings excluding joint sector
companies and/or private parties and bodies.

(c) The Seller shall furnish the following certificate to the Paying Authority along with
each bill for payment for supplies made against the Rate contract – “We certify that there
has been no reduction in sale price of the stores of description identical to the stores
supplied to the Government under the contract herein and such stores have not been
offered/sold by me/us to any person/organization including the purchaser or any
department of Central Government or any Department of a state Government or any
Statutory Undertaking of the Central or state Government as the case may be up to the
date of bill/the date of completion of supplies against all supply orders placed
during the currency of the Rate Contract at price lower than the price charged to the
government under the contract except for quantity of stores categories under sub-clauses
(i),(ii),(iii) and (iv) of sub-para (b) above details of which are given below - ........”.

10. Risk & Expense 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) Any excess of the purchase price, cost of manufacturer, or value of any stores
procured from any other supplier as the case may be, over the contract price appropriate
to such default or balance shall be recoverable from the SELLER.

11. Force Majeure Clause.

(a) Neither party shall bear responsibility for the complete or partial non performance
of any of its obligations (except for failure to pay any sum 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.
 16

(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.

12. Specification. The following specification clause will form part of the contract placed on
successful bidder:-

The Seller guarantees to meet the specifications as per Part-II of RFP and to
incorporate the modifications to the existing design configuration to meet the specific
requirement of the Buyer Services as per modifications/requirements recommended after
the Maintenance Evaluation Trials. All technical literature and drawings shall be amended
as the modifications by the Seller before supply to the Buyer. The Seller, in consultation
with the Buyer, may carry out technical up Gradation/alterations in the design, drawings
and specifications due to change in manufacturing procedures, indigenization or
obsolescence. This will however, not in any way, adversely affect the end specifications
of the equipment. Changes in technical details drawings, repair and maintenance
techniques along with necessary tools as a result of upgradation/alterations will be
provided to the Buyer free of cost within 10 days of affecting such upgradation/
alterations.

13. OEM. The Bidder should be Original Equipment Manufacturer/OES only. In case the
bidder is not the OEM, the agreement certificate with the OEM for supplying the item shall be
mandatory. The format of which is attach at Appx ‘O’.

14. Earliest Acceptable Year of Manufacture. The item should be brand new and should
not be manufactured beyond six months prior to supply order date. Quality /Life certificate will
need to be enclosed with the bill.

15. Packing and Marking. The following Packing and Marking clause will form part of the
contract placed on successful Bidder:-

(a) Packing. As per specification of the item.

(b) Marking. As per specification of the item.

16. Quality. The quality of the stores delivered according to the present Contract shall
correspond to the technical conditions and standards valid for the deliveries of the same stores
as per specifications enumerated as per RFP and shall also include therein modification to the
stores suggested by the Buyer. Such modifications will be mutually agreed to. The Seller
confirms that the stores to be supplied under this Contract shall be new i.e. not manufactured
before (Year of Contract), and shall incorporate all the latest improvements and modifications
thereto and spares of improved and modified equipment are backward integrated and
interchangeable with same equipment supplied by the Seller in the past if any. The Seller shall
supply an interchangeability certificate along with the changed part numbers wherein it should
be mentioned that item would provide as much life as the original item.

17. Quality Assurance. As per relevant clause of specification.

18. Inspection Authority/Inspection Officer.

(a) QA Authority : Controller CQA (T&C), Ashok Path,

Kanpur - 208004

(b) QA Officer : SQAO, SQAE (GS) of the area concerned or

his authorized representative.
 17

(c) Place of QA

(i) For advance sample : CQA (T&C), Ashok Path, Kanpur - 208004

(ii) For Bulk QA Check : At firm’s Premises.

(d) Pre-Inspection Clause : As per relevant clause of specifications.

(e) Test Protocol. The seller shall supply the test protocol, which shall include list of
the test parameters, the method of carrying out the tests and the AQL for each
parameter, as followed in their plant, for the item contracted for, on demand by the
Quality Assurance Officer or the Quality Assurance Authority stipulated in the contract,
the seller shall also supply, free of cost, the reference and working standards required for
testing the item, in accordance with the said test protocol, on demand by the Quality
Assurance Officer / Quality Assurance Authority.

(f) Preservation. The stores shall be preserved with suitable preservative material
as given in specification.

(g) Quality Audit. The seller shall permit the Quality Assurance Officer / Quality
Assurance Authority under the contract or his authorized representative to inspect his
manufacturing premises, manufacturing and quality control records and all other relevant
records connected with the goods offered, either during the process of manufacture or at
any time there after during the normal working hours of the factory. If, during the above
said inspection, it is found that the goods offered/supplier have not been manufactured in
accordance with the master formula or the standard operating procedure for the product,
the consignment is liable to be rejected.

(h) Condition of Acceptance. If on examination of any sample from any portion of

the lot offered by contractor, the material is found to be not in accordance with the
specification/particulars governing supply quoted in the contract in accordance with the
terms and conditions of the contract, the whole supply will be rejected.

(j) Consignee Right of Rejection. Consignee shall have right to reject the
consignment of any portion thereof within 60 days after actual receipt of the consignment
at consignee premises alongwith complete connected documents, if the consignment is
not in accordance with the terms and condition of the contract, whether on account of
loss, deterioration of damage at the time of receipt or if the goods don’t bear the
acceptance mark of the Quality Assurance Officer as per the facsimile given on the
consignee’s copy of the Inspection note.

19. Franking Clause. The following Franking clause will form part of the contract placed on
successful Bidder:-

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

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

20. Claims. The following Claims clause will form part of the contract placed on successful
Bidder:-

(a) The claims may be presented either:-

(i) On quantity of the stores, where the quantity does not correspond to
the quantity shown in the Packing List /Insufficiency in packing, or

(ii) On quality of the stores, where quality does not correspond to the quality
mentioned in the contract.
 18

(b) The quantity claims for deficiency of quantity shall be presented within 60
days of actual receipt of stores with consignee.

(c) The quality claims for defects or deficiencies in quality noticed during the
inspection shall be presented within 45 days of completion of inspection of goods.
Quality claims shall be presented for defects or deficiencies in quality noticed during
warranty period earliest but not later than 45 days after expiry of the guarantee period.

(d) The description and quantity of the stores are to be furnished to the Seller along
with concrete reasons for making the claims. Copies of all the justifying documents shall
be enclosed to the presented claim. The Seller will settle the claims within 45 days from
the date of the receipt of the claim at the Seller’s office, subject to acceptance of the
claim by the Seller. In case no response is received during this period the claim will be
deemed to have been accepted.

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

(f) Claims may also be settled by reduction of cost of goods under claim from bonds
submitted by the Seller or payment of claim amount by Seller through demand draft
drawn on an Indian Bank, in favour of Principal Controller/Controller of Defence Accounts
concerned.

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

21. Guarantee/Warranty. The following Warranty will form part of the contract placed on
the successful Bidder and will be given in duplicate to the Inspecting Officer under the contract
alongwith the offer letter/challan:-

“Except as otherwise provided in the invitation tender, the Seller hereby declares
that the goods, stores articles sold/supplied to the Buyer under this contract shall be of
the best quality and workmanship and new in all respects and shall be strictly in
accordance with the specification and particulars contained/ mentioned in contract. The
seller hereby guarantees that the said goods/stores/articles would continue to conform to
the description and quality aforesaid for a period of 12 months from the date of delivery of
the said goods stores/articles to the Buyer or 15 months from the date of
shipment/despatch from the Seller’s works whichever is earlier and that notwithstanding
the fact that the Buyer may have inspected and/or approved the said
goods/stores/articles, if during the aforesaid period of 12/15 months the said
goods/stores/articles be discovered not to conform to the description and quality
aforesaid not giving satisfactory performance or have deteriorated, and the decision of
the Buyer in that behalf shall be final and binding on the Seller and the Buyer shall be
entitled to call upon the Seller to rectify the goods/stores/articles or such portion thereof
as is found to be defective by the Buyer within a reasonable period, or such specified
period as may be allowed by the Buyer in his discretion on application made thereof by
the Seller, and in such an event, the above period shall apply to the goods/stores/articles
rectified/replaced from the date of rectification/replacement mentioned thereof, otherwise
the Seller shall pay to the Buyer such compensation as may arise by reason of the
breach of the warranty herein contained”.

22. Correctness of the Quality and Quantity. On receipt of stores at consignee’s

premises, the stores are checked for ascertaining the correctness of quality, quantity and
documents. In case the stores are found deficient in any way, the consignee has the right to
reject the stores even if these were inspected and cleared by the Inspector. The Vendor should
associate along with the AHSP during any defect investigation even after expiry of warranty
period of the equipment i.e. upto service life of the equipment.

23. Apportionment of Quantity. If the L-1 does not have the capacity to supply the entire
quantity, the order may be placed on L-2, L-3 and so on for the balance quantity at L-1 rates
provided this is acceptable to them.

24. No Claim. No Claim for the payment from the contractor/seller shall be entertained after
lapse of three years of arising of the claim.
 19

25. Termination of Contract. In addition to the clauses given at para 9, part II of RFP, the
Buyer shall have the right to terminate the Contract in part or in full in any of the following
cases:-

(a) If the Supplier fails to deliver any or all the Goods within the period specified in the
Contract, or within any extension thereof granted to the Buyer.

(b) If the Supplier fails to perform any other obligation(s) under the Contract.

(c) In case of non-submission of PBG within the stipulated period.

(d) When both parties mutually agree to terminate the contract.

(e) When the item offered by the supplier repeatedly fails in the inspection and/or the
supplier is not in a position to either rectify the defects or offer items conforming to the
contracted quality standards.

(f) Any special circumstances, which must be recorded to justify the cancellation or
termination of a contract.

(g) Any fact which comes to the notice of the buyer which is detrimental to the terms
and conditions of the contract.

(h) “ In case of failure of supply under sub clauses (a), (b) & (d) of Para 9 Part III of
Standard Conditions of RFP and sub caluse (a), (b), (c), (e) & (g) of Para 26 Part IV of
Special Condition of RFP, the Bank Guarantee of the supplier will be liquidated thereof.”

26. Punitive Provisions. As per Para 3.2.4 of Manual for Procurement of Goods 2017,
without prejudice to and in addition to the rights of the Procuring Entity to other penal provisions
as per the bid documents or contract, if the Procuring Entity comes to a conclusion that a
(prospective) bidder/supplier, directly or through an agent, has violated the code of integrity or
any condition of contract in competing for the contract or in executing the contract, the procuring
Entity will take appropriate measures including one or more of the following:-

(a) If his bids are under consideration in any procurement.

(i) Forfeiture or encashment of bid security.

(ii) Calling off of any pre-contract negotiations.

(iii) Rejection and exclusion of the bidder from the procurement process.

(b) If a contract has already been awarded.

(i) Cancellation of the relevant contract and recovery of compensation for loss
incurred by the procuring Entity.

(ii) Forfeiture or encashment of any other security or bond relating to the

procurement.

(iii) Recovery of payments including advance payments, if any, made by the

procuring entity along with interest thereon at the prevailing rate.

(c) Provisions in addition to above.

(i) Removal from the list of registered suppliers and banning/debarment of the
bidder from participation in future procurements of the procuring entity for a period
not less than one year.

(ii) In case of anti-competitive practices, information for further processing may

be filed under a signature of the Joint Secretary level officer, with the Competition
Commission of India.

(iii) Initiation of suitable disciplinary or criminal proceedings against any

individual or staff found responsible.
 20

27. Forfeiture of Security Deposit/Bank Guarantee. If the contractor fails or neglects to

observe or perform any of his obligation under the contract in whole or in part, it shall be lawful
for the purchaser to forfeit the security/bank guarantee furnished by the Contractor.

28 Liquidated Damages (Para 9.7.9 of Manual of Procurement of Goods 2017).

Compensation of loss on account of late delivery (actually incurred as well as notional) where
loss is pre-estimated and mutually agreed to is termed as LD. Law allows recovery of Pre-
estimated loss provided such a term is included in the contract and there is no need to establish
actual loss due to late supply (MallaBaux Vs UOI (1970)). Late delivery of stores will be
construed as monetary loss as it leads to non supply of items to troops when they are required
and such losses need not to be proved in any Court of Law. The seller will agree to this clause
and shall not claim refund of LD/PBG deducted on that account in any Court of Law.
 21

Part V – Evaluation Criteria & Price Bid Issues .

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 RFP, both technically and commercially.

(b) In respect of Two-Bid system, the technical Bids forwarded by the Bidders will be
evaluated by the Buyer with reference to the technical characteristics of the equipment as
mentioned in the RFP. The compliance of Technical Bids would be determined on the
basis of the parameters specified in the RFP. Buyer reserves the right to give opportunity
to firm (s) for compliance in the interest of generating healthy competition and to avoid
resultant single vendor situation. The Price Bids of only those Bidders will be opened
whose Technical Bids would clear the technical evaluation.

(c) The Lowest Bid will be decided upon the lowest price quoted by the particular
Bidder as per the Price Format given at Para 2 below. The consideration of taxes and
duties in evaluation process will be as follows:-

(i) L-1 bidder will be determined by excluding levies, taxes and duties levied
by Central/State/Local governments such as GST etc on final product, as quoted
by bidders. BCD on import content would be part of basic cost for determination of
L-1 bidder.

(d) Denomination in Indian rupees (for Import cases only) - NOT APPLICABLE.

(e) 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.

(f) Evaluation of offers involving more than one currency - NOT APPLICABLE

(g) The Lowest Acceptable Bid will be considered further for placement of contract /
Supply Order after complete clarification and price negotiations as decided by the Buyer.
The Buyer will have the right to award contracts to different Bidders for being lowest in
particular items. The Buyer also reserves the right to do Apportionment of Quantity, if it is
convinced that Lowest Bidder is not in a position to supply full quantity in stipulated time.

2. Price Bid Format (to be used for L-1 determination). The Price Bid Format in general
is given below and Bidders are required to fill this up correctly with full details, as required under
Part-II of RFP (The format indicated below is only as an illustration. This format should be filled
up with items/requirements as mentioned in Part-II of RFP.) –
Basic price of -

(a) Item (s) -

Item Basic price Taxes Qty Total
Without Taxes/With Tax
(i) A
(ii) B
(iii) C
(iv) Total price of item (s)

(b) Accessories
(c) Installation / commissioning
(d) Training
(e) Technical literature
(f) Tools
(g) AMC
(h) Any other requirement

Note. Determination of L-1 will be done based on total of basic prices (not including levies,
taxes and duties levied by Central/State/Local governments such as GST, Octroi/Entry tax, etc
on final product) of all items/requirements as mentioned above.
 22

3. Additional information in Price Bid on Taxes and Duties (not in scope of L-1
determination):-

(a) Is GST extra?

(b) If yes, mention the following –

(i) HSN Code.

(ii) Total value of items on which GST is leviable.

(iii) Rate of GST (item-wise if different GST is applicable).

(iv) Surcharge on GST, if applicable.

(v) Total value of GST payable.

(c) Is GST exemption required ?

(d) If yes, then mention and enclose the following:-

(i) GST notification number under which exemption of GST can be given.

(e) Octroi/Entry taxes.

(f) Any other Taxes/Duties.

4. Price Bid Format. The Commercial bid format is provided as BoQ_XXXX.xls alongwith
this tender document at https://defprocure.gov.in/. Bidders are advised to download this
BoQ_XXXX.xls as it is and quote their offer in the permitted column.

Note.

(a) Please confirm that the store offered by you is exactly as required under tender
enquiry description specification/drawing.

(b) In case there is any deviation the same shall be specifically stated.
 23

Appx ‘A’

(Ref DGOS RFP No A/60135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Aug 2019

FORMAT OF CAPACITY/CAPABILITY REPORT ON FIRMS

PART – I

FACTUAL INFORMATION FURNISHED BY THE FIRM

1. Name and registered address of the firm :

2. Name and address of subsidiary/ :
associated industry within India.

3. Factory location and address :

4. Telegraphic address :
5. Name and address of Managing Director :
6. Telephone No. : Office :
Factory :
7. Details of the Organisation

(a) Brief History :

(b) Area – present set up and provisions:
for future expansion
(c) Covered accommodation :
(d) Main Departments :
Tech/managerial :
(e) Design office and Library details :
(f) Sales and service set up :
8. Approximate capital Investment :
(a) Authorised capital :
(b) Capital Investment :
(c) Financial position (comments with :
latest copy of Balance Sheet and income)

9. Main items of machinery/equipment :

and test/inspection facilities available
10. Labour :
(a) Strength presently employed :
(i) Skilled :
(ii) Semi-skilled :
(iii) Non-skilled :
(b) Availability of labour for future :
expansion.
11. Power
(a) Source :
(b) Present load :
(c) Availability of power for future :
expansion.
12. Raw materials :
(a) Requirements
(b) Period for which reserve stock of :
raw materials is held.
(c) Sources of procurement :
(d) Percentage of indigenous :
improved raw materials
(e) Any difficulty regarding normal :
product or likely order
 24

13. Is the firm registered with DGS&D or :

with any other Defence or Civil Govt
Department? If so, give details.

14. Has the firm any collaboration and :

technical know-how agreement with
firms? If so, give details.

15. Details of items for which patent rights :

of the firm exist

16. Are you having any development :

activities? Are you having in hand
any basic research program?

17. Details of qualified managerial and :

technical personnel. Is any member
on your staff a qualified specialist?

18. Is your product “Type Approved” or :

has ISI certification mark? If so, give
details.

19. Training program of staff :

20. Details of stores under production or :
development (Appendix ‘A’)

21. Name and address of agents :

22. Any other information you wish to provide:

Place : Seal

Date : Signature :
Name :
Designation :
Enclosures : Appendix A (Details of Stores under production or development))
 25

M/s. ________________________
(To be filled in by the firm)

Details of stores the firm is :

(a) Producing at present :

(b) Developing at present :
(c) Interested in for future :
development/production

__________________________________________________________________________

S No Present products Monthly Production Remarks

(Give number of shifts)_____
Present Capacity Spare
available Capacity

Present Production

Production under Development

Future plan for Development

Signature

Name of firm
 26

PART II

CERTIFICATE BY INSPECTION TEAM

1. Name and designation of the Inspecting team :

2. Date on which the firm was inspected :
3. Comment on the standard of know-how :
and adequacy of the production process
for the end product

4. Comments on arrangement for inspection/ :

testing and quality control of products
(a) Adequacy of equipment :
(b) Application of planned inspection :
during production
(c) Inspection of components raw materials :
procured from sub-contractors :
(d) Evidence of proper work study possibility:
of improvement of man power

(e) Built in training programme for :

improvement of man power
5. Are Management-labour relations good? :
Any labour problems which may hold up production:
6. Are they supplying their product to any :
leading manufacturers or Govt
undertakings/departments? Give details.

7. Comments on potential to carry out :

research/development as normal feature
If so percentage of total expenditure
on such activities
8. Are they considered suitable for :
production/development order

9. Is the firm capable of providing a relevant :

paper particulars for AHSP work, i.e., user
handbook/workshop manual, part/identification
list recommended spares for two years
maintenance and one overhaul

10. Comments on past performances for producing :

quality goods, adhering delivery schedule,
attention to complaints as security consciousness

11. General remarks (give any other :

observation not already covered)

12. Do you consider the firm to be financially sound:

13. Final recommendations regarding suitability :

of the firm for placement of development orders

Signature and Designation of the Inspecting Team

27

Appx ‘B’

(Ref DGOS RFP No A/60135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Aug 2019
28
29
30
 31

Appx ‘C’

(Ref DGOS RFP No A/60135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Aug 2019

JSG 015 : 2018

(Fourth Revision)
(Supersedes JSG 015-03 : 2007)
APPLICATION FOR REGISTRATION BY MANUFACTURER (ARM)
NOTES
1. Strike out whichever is not applicable.
2. This information be submitted to the respective registration authority.
3. All pages of this application and enclosures are to bear full signatures with the Stamp,
serially numbered and linked with relevant Para.
4. This Appendix contains eight pages and Annexure I & II.
5. This information will be treated as ‘Confidential’.

A-1. PART-I
A-1.1 Administrative Information
(a) Name of the Manufacturer
(b) Addresses with Telephone No.
and registered mobile No. with
STD code/Fax/ E-mail :
(i) Registered Office
(ii) Factory / Works
(iii) Branch offices if any
(iv) Name, address, telephone
and registered mobile No. of the
MD/ Proprietor.

(c) Category of Industry Large Scale / MSME.

(attach : registration documents)

(d) Nature of company Proprietary / Private Limited / Public Limited/

(attach : relevant documents) Partnership / Joint Venture.

(e) Nature of Business Manufacturer / Sole Selling Authorised Agent /

Dealer / Assembler / Processor / Re-Packer /
Fabricator.

(f) Details of Defence Products Mention Supply Order No. and Description of store.
under production, if any.

(g) Details of Registration : NSIC / MSME / SSI / DGS&D / Other Defence

Attach copies of registration Deptt / Other government Deptt / Membership
Certificate. FICCI / ASSOCHAM / CII or any other Industrial
Association.

(h) Company Index Number :

/Corporation Identification
Number (CIN) (enclose copy)

(j) Have you earlier applied for YES / NO

Registration with DGQA. If yes,
Please give details.

(i) Authority to whom applied

With Date
 32
(ii) Item(s) applied for
(iii) Reasons for Non Registration
(k) ISO : 9001:2008 / ISO 9001:2015 YES / NO
certified (attach copy of the latest certificate)

(l) Area of Factory/Works is on lease or owned

(i) Covered Area …………..m2
(ii) Uncovered …………..m2
(iii) Bond Rooms …………..m2
(iv) No. of Bond Rooms …………..
(v) Production Area …………..m2
(vi) Testing Area …………..m2
NOTE - Attach proof of ownership and
detailed site plan of layout of premises
clearly depicting various areas e.g.
production area, (Appx location of
plant/Machinery stores, bond rooms,
inspection area etc.)
(m) Capital outlay :
(n) Name of Bankers, A/c No. :
Addresses of the Bank
(o) Electric Power Capacity : Sanctioned / Installed / Standby / Power back up
(p) Does product being considered fall
under :
(i) Cost Audit (report) Rules YES / NO
1968.
(ii) Fire Safety or Explosive YES / NO
Regulations (Details of license/
Compliance).
(iii) Central Pollution Control YES / NO
norms.
(iv) Other Government YES / NO
Regulatory norms.
(q) Details of Manpower Employed :
(i) Admin
(ii) Technical
(aa) Skilled
(ab) Unskilled
(iii) No. of shifts for manufacture
of stores seeking registration. Attach
Regulatory certificate.
(r) Attach Self attested copies of under
Mentioned documents for previous 03 years:
(i) Audited Balance Sheet, and
total Accumulated losses, if any.
(ii) Present net worth.
(iii) Source of finance with Give
Details borrowing limits & Bank
Guarantee. Attach documents (i)
(ii) & (iii)

(iv) Attach copy of PAN/TAN/ Available

(Not Available) Service Tax/ VAT/GST/Income
Tax certificate for 3 years.
 33

(v) Attach copy of Valid State, Available / Not Available

Central Sales Tax Registration
Certificate.

(vi) Details of Pollution Available / Not Available

Clearance Certificate. Attach copy

(vii) Relevant information with

Complete details about sister
Concerns / subsidiaries, if any.

(viii) Facilities for Water, Fire Available / Not Available

Fighting, Security & Medical.
Attach documents (i), (ii), (iii)
& (iv)

(ix) Copies of relevant

regulatory certificates for which
registration sought.

(x) Copy of other Regulatory

certificates for stores/equipment
for which Registration sought.

(xi) Attach copy of Digital

Signature certificate issued by
National Informatics Centre
(Mandatory requirement for e-
Procurement cases).

(xii) Attach MoU with the

Manufacturer on a stamp Paper
In case of Sole Selling Agents /
Marketing Firms.
 34
A-2 PART II
A-2.1 Technical Information
A-2.1.1 Details of Defence Stores for which Registration is sought (if it is product specific):

S.No Nomenclature of Stores NSN Drawing No Specification

No.

A-2.1.2 Details of foreign collaboration. If any:

S.No Product Name & Year Validity

Address of
Collaborator

A-2.1.3 Details of Supply Order executed during last three years with respect to
stores/equipment for which registration sought. If any:
S.No Order Placing No of manufacturer Supply No. Date of Value in RS
authority of Store & Date Last
Supply

A-2.1.4 a) Details of bought out items (Component/Sub Assy/Assy/Processes) from

sub-contractors : (Attach copies of agreements/MoU on Stamp paper) :

S.No Item Comp/Assy/Sub- Name & Address of the Sub

Assy/Process Contractor*

b) Details of Testing/Quality check done by Sub contractors (Attach copies of

agreements/MoU on stamp paper):

S.No Item Details of test Name & Address of Agreement

the sub
Contractor/Laborator
y

A-2.1.5 Source of Raw Material/Product :

S.No Details of Source Brief Description

Material/Product used

A-2.1.6 Complete details on facilities & infrastructure available as per following format:

a) Plant and machinery specific to item (s) for which Registration is sough:

Item Description Capacity Make & Quantity Date of

of Machine & Model Purchase
its
Specification

b) Tool Room, Meteorology & Test Equipment Facilities :

Item Type of Make/Model Date of Calibration Frequency

Instruments/Test & Quantity Purchase done on for
Equipment Calibration
 35

JSG 015 : 2018

(Fourth Revision)
(Supersedes JSG 015-03 : 2007)

**Attach relevant calibration certificate.

c) Design and Development facilities available : YES/NO

(if Yes, enclose a declaration with details as per
Para 4.3 of MQSR Part 1 of Appendix ‘B’).

d) Is the manufacturer committed & willing to : YES/NO

supply spares for service life of the store.
If yes, give undertaking.

e) Furnish the following details with relevant

certificate and documents :

1) Inspection & quality control of

i) raw material/Input material.

ii) Components.

iii) Semi finished product.

iv) Sub assemblies

v) Assemblies

2) Assistance from central agency for testing/

Calibration etc.

3) Laboratory/Drawing Room Facilities available

i) facility for reverse engineering.

4) Flow process chart of item for which registration

is sought.

5) Details of estimated production Capacity of the

Defence stores for which registration is sought.

f) Future plan (if any) in respect of Expansion:

(Attach extra sheets)
Program, Installation of additional Machines
/tool facilities etc.

Declaration

I/We confirm that the information furnished in Part I & II above is correct. In the event of
any information given by me/us is found incorrect/false at any time, I/we understand our
registration will be cancelled without notice, besides any other appropriate action against me/us.

Signature of MD/Proprietor
SEAL Or his authorized representative
Name with seal

Seal of the manufacturer

Date :
Place :
 36
JSG 015 : 2018
(Fourth Revision)
(Supersedes JSG 015-03 : 2007)
CERTIFICATE OF VERIFICATION BY REGISTRATION TEAM
(To be filled by the assessing team)
(Please strike out which is not applicable in Part I & II of ARM)

1. Certified that we have verified the information given by the manufacturer and same is
observed to be Correct/Not Correct.

2. The following comments are made:

a)

b)

c)

d)

e)

f)

g)

3. It is also certified that all the documents have been verified with the originals and
enclosures attested.

Name & Designation of Team leader

Name and Designation of Team Members

1.

2.

Date :

Place :
 37

JSG 015 : 2018

(Fourth Revision)
(Supersedes JSG 015-03 : 2007)

Annexure I to Appendix ‘A’

CERTIFICATE FROM INDIAN MANUFACTURER/OEM FOR ITS SOLE SELLING

AGENT/MARKETING FIRM FOR REGISTRATION
(This Annexure consists of one page only on the letter head of Indian Manufacturer/OEM
and on Judicial Paper)
To,

Order placing Authority

Indian Manufacturer/OEM Certificate for its Sole Selling Agents/Marketing Firms for
Registration

Sir,

We, M/s ___________________________ (name and full address of Indian manufacturer/OEM)

Hereby confirm that M/s ____________________ (name and address of its Sole Selling
Agents/Marketing Firms) are our Sole Selling Agents/Marketing Firms.

2. We Confirm that:

a) We have authorized M/s ____________, our Sole Selling Agents/Marketing Firms

to represent us and act on our behalf on all matters pertaining to manufacturer and
supply of the products against the supply orders placed on us/them.

b) We also take full responsibility for the acts/omissions committed by M/s

____________________. All claims and disputes if any, arising out of defects/poor
quality of stores supplied by M/s _______________ or by us would be settled by the
parent company.

c) The goods supplied to Consignee will be brand new, in our current production and
conforming to Indian conditions as per technical specification.

d) Our OEM standard Guarantee/Warrantee shall be applicable for our products

supplied by aforesaid firm to the Procurement Agencies.

e) In the event of termination/closure of the aforesaid Sole Selling Agents/Marketing

Firms, we shall immediately inform the same to the OPA and QA Authorities.

3. We M/s __________________ are willing to get our manufacturing facility assessed for
Registration in terms of JSG 015 : 2018.

a) Signature on behalf of the Indian Manufacturer/OEM.

b) Name of authorized signatory on behalf of the Indian Manufacturer/OEM.
c) Designation/Position of authorized signatory in the Indian Manufacturer/OEM.
d) Full address of the Indian Manufacturer/OEM with stamp/Seal.

Place :

Date :
 38

JSG 015 : 2018

(Fourth Revision)
(Supersedes JSG 015-03 : 2007)

Annexure I to Appendix ‘A’

JOINT UNDERTAKING TO BE SIGNED BY PARENT COMPANY &

ITS SOLE SELLING AGENT/MARKETING FIRM WHEN THEY
DO NOT COMPLY WITH PROFITABILITY AND
TURNOVER REQUIREMENT BUT
PARENT COMPANY COMPLIES
(This Annexure consists of one page only)

1. “ Notwithstanding that Registration Certificate and Supply Orders are awarded to the
M/s___________________ (Sole Selling Agent/Marketing Firm), the (Parent Company) and
M/s ___________ (Sole Selling Agent/Marketing Firm). Jointly and severally, undertake the
following:

(a) M/s ______________ (Parent Company) as well as M/s _________________

(Sole Selling Agent/Marketing Firm). Jointly and severally, undertake to abide by all terms
& conditions of Registration & Supply orders and correspondence performance of supply
orders thereof in all respects including timely delivery as well as required quality of the
product, Fall Clause and Warranty/Guarantee obligations.

(b) The named M/s _____________ (Parent Company) as well as M/s ___________
(Sole Selling Agent/Marketing Firm), jointly as well as severally shall be liable/responsible
and accountable for due performance of the supply order as well as supplies thereof in all
respects and also for all such claims of the purchases arising thereof including legal
liability in competent court of law.

NOTE- The above joint undertaking should be signed & dated by authorized person on behalf of
M/s _______ (Parent Company) as well as M/s ________ (Sole Selling Agent/Marketing Firm).
The signing person must attach a necessary power of attorney evidencing his authority to bind
the company on whose behalf the above undertaking has been given.
39

Appx ‘D’

(Ref DGOS RFP No A/60135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Aug 2019
40
 41

Appx ‘E’

(Ref DGOS RFP No A/60135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Aug 2019

TENDER CONDITIONS ACCEPTANCE LETTER

(To be given on Company Letter Head)
Date:
To,
______________________
______________________

SUB: ACCEPTANCE OF TERMS & CONDITIONS OF TENDER.

Tender Reference No : ________________________

Name of Tender/Work :
-___________________________________________________________________________
______

Dear Sir,

1. I/We have downloaded/obtained the tender document(s) for the above mentioned
‘Tender/Work’ from the web site(s) namely:
____________________________________________________________________________
____________________________________________________________________________
as per your advertisement, given in the above mentioned website(s).

2. I/ We hereby certify that I / we have read entire terms and conditions of the tender
documents from Page No. _______ to ______ (including all documents like annexure(s),
schedule(s), etc .,), which form part of the contract agreement and I/we shall abide hereby the
terms /conditions/clauses contained therein.

3. The corrigendum(s) issued from time to time by your department/ organisations too have
also been taken into consideration, while submitting this acceptance letter.

4. I / We hereby unconditionally accept the tender conditions of above mentioned tender

document(s) / corrigendum(s) in its totality / entirety.

5. The Tech Bid and its enclosures as submitted in physical form as mentioned in para 2
of part I of RFP is the true copy of the documents uploaded on the Central Public Procurement
Portal (https://defprocure.gov.in/).

6. In case any provisions of this tender are found violated , your department/
organisation shall be at liberty to reject this tender/bid including the forfeiture of the full said
Earnest Money Deposit absolutely and we shall not have any claim/right against deptt in
satisfaction of this condition.

Yours Faithfully,
(Signature of the Bidder, with Official Seal)
 42

Appx ‘F’

(Ref DGOS RFP No A/60135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Aug 2019

CLAUSE BY CLAUSE COMPLIANCE OF SPECIFICATION

Ser Specification If all items incl Appx Any deviation Remarks

No /Annex of Specification Details to be
are complied given
Yes/No
(a) Specification No:
Provisional Specification
No: DMSRDE/ FF&IT/2007
/466/1(b) and provisional
specification No DMSRDE/
FF&IT/2007/ 466/2 (b) with
amendment No 1, certified
samples and Schedule No
CQA (T&C)TC-15/8(d)

(Copy of specification
attached as Appx ‘M’)
 43

Appx ‘G’

(Ref DGOS RFP No A/60135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Aug 2019

ADDITIONAL CHARGES/DISCOUNTS

It is hereby certified that no Additional Charges Levied or Any Discounts Offered from the
prices quoted in the enclosed BOQ, which will have financial implication on the bid value quoted
by me.

OR

The following additional Charged Levied / Discounts Offered over and above the prices quoted
in the BOQ which will have financial implication on the bid value quoted by me

(i)
(ii)
(ii)

Signed by:
Date: Official stamp:

Notes:-

1. Please strike out whichever is not applicable.

2. The certificate will be signed by the owner of the firm or any person auth to do so
on behalf of the owner.

3. The certificate will be scanned, digitally signed and uploaded along with the BOQ
in the Cover II containing Financial Bid. (Ref para 2 (b) of Part I of RFP)
 44

Appx ‘H’

(Ref DGOS RFP No A/60135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Aug 2019

INSTRUCTIONS TO THE BIDDERS

Instructions for Online Bid Submission Instructions to the Bidders to submit the bids online
through the Central Public Procurement Portal for e Procurement at https://defprocure.gov.in/
are as follows

1. Possession of valid Digital Signature Certificate (DSC) and enrolment/registration of the

contractors/bidders on the e-procurement/e-tender portal is a prerequisite for e-tendering.

2. Bidder should do the enrolment in the e-Procurement site using the “Click here to
Enrol” option available on the home page. Portal enrolment is generally free of charge.
During enrolment/registration, the bidders should provide the correct/true information including
valid email-id. All the correspondence shall be made directly with the contractors/bidders
through email-id provided.

3. Bidder need to login to the site through their user ID/ password chosen during
enrolment/registration.

4. Then the Digital Signature Certificate (Class II or Class III Certificates with signing
key usage) issued by SIFY/TCS/nCode/eMudra or any Certifying Authority recognized by CCA
India on eToken/Smart Card, should be registered.

5. The DSC that is registered only should be used by the bidder and should ensure safety of
the same.

6. Bidder logs in to the site through the secured log in by giving the user id/ password chosen
during enrolment/registration and then by giving the password of the eToken/SmartCard to
access DSC.

7. In case of limited tender the regd dealers/ the bidders invited to participate in the tender will
receive a notification through e-mail wrt to tender and after log in the bidder selects the tender
and moves it to “my tenders‟ . In case of open tenders the bidder selects the tender which
he/she is interested in by using the search option & then moves it to the “my tenders ‟ folder.

8. From my tender folder, the bidder selects the tender to view all the details indicated.

9. After downloading / getting the tender document/schedules, the Bidder should go through
them carefully and then submit the documents as asked, otherwise bid will be rejected.

10. If there are any clarifications, this may be obtained online through the tender site, or through
the contact details or during the pre -bid meeting if any or during the pre -bid meeting if any.

11. Bidder should take into account the corrigendum published before submitting the bids online
and accept the corrigendum else the bid will be rendered invalid.

12. It is construed that the bidder has read all the terms and conditions before submitting their
offer. Bidder should go through the tender schedules carefully and upload the
documents as asked; otherwise, the bid will be rejected.
 45

13. The Bidders can update well in advance, the documents such as certificates, annual report
details etc., under My Space option and these can be selected as per tender requirements and
then sent along with bid documents during bid submission. This will facilitate the bid submission
process faster by reducing upload time of bids.

14. Bidder, in advance, should get the bid documents ready to be submitted as indicated in the
tender document/schedule and generally, they can be in PDF/xls/rar/zip/dwf formats. If there is
more than one document, they can be clubbed together and can be provided in the
requested format. Each document to be uploaded online for the tenders should be less than 2
MB. If any document is more than 2MB, it can be reduced through zip/rar and the same can be
uploaded, if permitted. Bidders Bid documents may be scanned with 100 dpi with black
and white option. However of the file size is less than 1 MB the transaction uploading time will
be very fast.

15. Bidder should submit the Tender Fee/ EMD as specified in the tender. The original should
be posted/couriered/given in person to the Tender Inviting Authority, within the bid submission
due date & time for the tender. Scanned copy of the instrument should be uploaded as part of
the offer.

16. While submitting the bids online, the bidder must read the terms & conditions and accept
the same to proceed further to submit the bid packets.

17. The bidder has to select the payment option as offline to pay the Tender FEE/
EMD as applicable and enter details of the instruments.

18. The details of the DD/any other accepted instrument, physically sent, should tally with the
details available in the scanned copy and the data entered during bid submission time. The
submitted bid will not be acceptable if otherwise.

19. The bidder has to digitally sign and upload the required bid documents one by one
as indicated. Bidders must note that the very act of using DSC for downloading the bids and
uploading their offers shall be deemed to be a confirmation that they have read all sections and
pages of the bid document including General conditions of contract without any exception and
have understood the entire document and are clear about the requirements of the tender
requirements.

20. The bidder has to upload the relevant files required as indicated in the cover content. In
case of any irrelevant files, the bid will be rejected. The tech bid acceptance will be subject to
physical receipt of specified docu at the time of tech bid opening. Further, the TIA will not be
held responsible for any sort of delay or the difficulties faced during the submission of bids
physically by the bidders under any circumstances whatsoever.

21. If the price bid format is provided in a spread sheet file like BoQ_xxxx.xls, the rates offered
should be entered in the allotted space only and uploaded after filling the relevant columns. The
Price Bid/BOQ template must not be modified/replaced by the bidder, else the bid
submitted is liable to be rejected for this tender.

22. The bidders are requested to submit the bids through online e-tendering system to
the Tender Inviting Authority (TIA) well before the bid submission end date & time (as
per Server System Clock). The TIA will not be held responsible for any sort of delay or the
difficulties faced during the submission of bids online by the bidders at the eleventh hour.

23. After the bid submission (i.e. after Clicking “Freeze Bid Submission” in the portal), the
acknowledgement number, given by the system should be printed by the bidder and
kept as a record of evidence for online submission of bid for the particular tender and will also
act as an entry pass to participate in the bid opening date.
 46

24. The time settings fixed in the server side & displayed at the top of the tender site, will be
valid for all actions of requesting, bid submission, bid opening etc., in the e-tender system. The
bidders should follow this time during bid submission.

25. All the data being entered by the bidders would be encrypted using PKI encryption
techniques to ensure the secrecy of the data. The data entered will not viewable by
unauthorized persons during bid submission & not be viewable by any one until the time of bid
opening.

26. Any bid document that is uploaded to the server is subjected to symmetric encryption using
a system generated symmetric key. Further this key is subjected to asymmetric encryption using
buyers or the procurement officer openers public keys. Overall, the uploaded tender documents
become readable only after the tender opening by the authorized bid openers.

27. The confidentiality of the bids is maintained since the secured Socket Layer 128 bit
encryption technology is used. Data storage encryption of sensitive fields is done.

28. The bidder should logout of the tendering system using the normal logout option available at
the top right hand corner and not by selecting the (X) exit option in the browser.

29. For any queries regarding e-tendering process, the bidders are requested to contact
TIA as provided in the tender document. The bidders for any further queries can also to contact
over phone: 1-800-233-7315 or send a mail over to – cppp-nic@nic.in .

30. All the pages of Technical-Bid and commercial-bid should have been duly signed by
the bidder/auth rep and hard copy will be submitted in the office of TIA.

31. The undertaking to the effect that the terms and conditions stipulated in the tender docu are
acceptable by the auth signatory of the bidders Regd firm will have to be submitted. The subject
undertaking on a forwarding letter shall be uploaded on CPP portal during bidding by the
bidders.

Note :- Rate to be quoted online by bidder in BOQ Excel Sheet only

 47

Appx ‘J’

(Ref DGOS RFP No A/60135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Aug 2019

BG FORM FOR EARNEST MONEY DEPOSIT

Whereas ……………………………………(hereinafter called the “Bidder”) has submitted their

offer dated………………………………….for the supply of …………………… …………………
(hereinafter called the “Bid”) against the Buyer’s Request for proposal No.
………………………………………………

KNOW ALL MEN by these presents that WE ……………………………of

…………………………………………….. having our registered office at ……………………
………………………………………. are bound unto …………………. (hereinafter called the
“Buyer) in the sum of ……………………………………………………………………………for which
payment will and truly to be made to the said Buyer, the Bank binds itself, its successors and
assigns by these presents. Sealed with the Common Seal of the said Bank this…………… day
of …………….20……

The conditions of obligations are –

(1) If the Bidder withdraws or amends, impairs or derogates from the Bid in any respect within
the period of validity of this tender.
(2) If the Bidder having been notified of the acceptance of his tender by the Buyer during the
period of its validity.
(a) If the Bidder fails to furnish the Performance Security for the due performance of the
contract.
(b) Fails or refuses to accept/execute the contract.

WE undertake to pay the Buyer up to the above amount upon receipt of its first written
demand, without the Buyer having to substantiate its demand, provided that in its demand the
Buyer 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.

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 and designation of the officer
Seal, name & address of the Bank and address of the Branch
 48

Appx ‘K’

(Ref DGOS RFP No A/60135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Jul 2019

CERTIFICATE

It is certified that our concern/ establishment requires _____________ copy / copies of

Defence specification / drawing bearing No. ______________- in connection with the Tender
Enquiry No. __________________________. It is further certified that the information contained
in the defence documents will be utilized by our firm for our own use only for the purpose of
producing, supplying and inspection of defence stores. The information contained therein will
not be divulged/ supplied to any outside agencies not authorised to received the same without
prior approval of the issuing authority.

Place : Signature
(Name of Signatory in Block letters)
Date : (Completer address of the firm, and firm’s Seal)
 49

Appx ‘L’

(Ref DGOS RFP No A/60135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Aug 2019

REQUEST FOR DP EXTENSION

1. SO No and date :

2. Item on SO :

3. Qty on SO :

4. Original DP : (a)
(b)
(c)

5. Re-fixed DP :

6. No of DP extn availed
Till date :

7. Qty supplied till date :

8. Qty bal to be sup :

9. Qty under insp with :

AHSP (Quote Challan
No & date :

10. DP extn now sought

For (No of days) : (a) With LD :
(b) Without LD :

11. Valid reason : (a) With LD :

(b) Without LD :

12. Undertaking – I, Mr _________________, owner of _______________hereby undertake

the following:-

(a) That I will supply complete qty with in extended DP and will not ask for any more DP extn
.
(b) That I will not represent later for deduction of LD on account of DP ext.

(c) That I am fully aware that min of 45 days is required for processing of DP extn case for
which I am liable for payment of LD not applied for DP extn within 45 days prior original DP.

Date : (Signature of Proprietor)

Place :
50
Appx ‘M’

(Ref DGOS RFP No A/60135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Aug 2019
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56
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 110

Appx ‘N’

(Ref DGOS RFP No A/60135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Jul 2019

PERFORMANCE BANK GUARANTEE FORMAT

From
Bank _______________
To
The President of India
Ministry of Defence
Government of India
New Delhi
Dear Sir,
Whereas you 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 per Part-II of the said contract to the said seller and
whereas the seller has undertaken to produce a bank guarantee for (%) of total Contract value
amounting to ______________ to secure its obligations to the President of India. We the
________________bank hereby expressly, irrevocably and unreservedly undertake and
guarantee as principal obligors on behalf of the seller that, in the event that the President of
India declares to us that the goods have not been supplied according to the Contractual
obligations under the aforementioned contract, we will pay you, on demand and without demur,
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. We undertake to effect payment upon receipt of such written
demand.

2. We shall not be discharged or released from this undertaking and guarantee by any
arrangements, variations made between you and the Seller, indulgence to the Seller by you, or
by any alterations in the obligations of the Seller or by any forbearance whether as to payment,
time performance or otherwise.

3. In no case shall the amount of this guarantee be increased.

4. This guarantee shall remain valid for .......months from the date of JRI acceptance of test
consignment in India or until all the store, spares and documentation have been supplied
according to the contractual obligations under the said contract.

5. Unless a demand or claim under this guarantee is made on us in writing or on before the
aforesaid expiry date as provided in the above referred contract or unless this guarantee is
extended by us, all your rights under this guarantee shall be forfeited and we shall be
discharged from the liabilities hereunder.

6. This guarantee shall be a continuing guarantee and shall not be discharged by and
change in the constitution of the Bank or in the constitution of
M/s_______________________________________.
 111
Appx ‘O’

(Ref DGOS RFP No A/6135/Gloves ECW/

DGOS/OS-PIII/Proc Sec dated Jul 2019

OEM CERTIFICATE
To,

Government of India
Integrated Headquarters MoD (Army)
Master General of Ordnance Branch
Dte General of Ordnance Services
CP Cell, ‘DII’ Wing, Sena Bhawan
Room No 101, New Delhi-110 001
Sub: OEM authorization of channel partner of our products for empanelment under
contract with CP Cell, IHQ of MoD (Army), CP Cell, ‘D-II’ Wing, Sena Bhawan, Room No 101
and supplied to Govt of India.

Dear Sir,
1. We are the reputed Original Equipment Manufacturer (OEM) and authorize our under
mentioned Indian channel partner firm to submit/negotiate the tender, process the same further
and enter into Rate Contracts for (Manufactured products to Govt user in India).
2. We further confirm/certify/undertake the following:-
(a) The said channel partner shall quote offer supply our OEM products at most
competitive price and commercial terms which are settled from time to time based on
requirements and market conditions.
(b) No other supplier / firm / company or individual is authorized by us for the said
purpose (Rate Contracts).
(c) Our OEM standard Guarantee / Warrantee shall be applicable for our products,
which shall be supplied by the said channel partner under Rate Contract.
(d) The products supplied against Rate Contract will be brand new, in our current
production. The versions going out of productions and / or upgraded shall also be
immediately informed to the purchaser.
(e) Our said channel partner would sign and execute all required documents including
integrity pact for said purpose with the purchaser and continue to perform up to validity
period mentioned hereunder and also extendable thereafter.
(f) We also agree to submit all the required certificate including quality certification for
our OEM products and audited financial documents as and when required by the
purchaser.
(g) In event of failure on the part of said Channel Partner, the pending liabilities under
the Rate Contracts shall be complied by us through our changed channel partner.
(h) In the event of any change in the aforesaid matter, the same shall be immediately
informed to the purchaser.
3. Our channel partner details are briefly stated as under :-

(a) __________________________
(Name and complete address of main/head office of OEM, including name of concerned
contracts official, phone number and e-mail).

(b) __________________________
(Name and address (es) of all the manufacturing /production facilities of OEM across the
glob evidencing country of origin of concerned products).

(c) __________________________
(List of board category of concerned products including specific models of OEM for Rate
Contract).
 112

(d) __________________________
(Name and complete address of the said channel partner firm including name of
concerned official , phone number and e-mail).

(e) __________________________
(Present validity period of this authorisation / agreement , extendable thereafter ).

4. This authorization / agreement has been signed , executed and extended from time to time
if any by us , duly signed by our authorized authority who is the competent authority in
accordance with the power of attorney authorized by our bd of director (evidence encl).

Enclosure: as above.

Date :

Place:

Yours faithfully,

___________
___________
(signature with date, Name and designation)

For and on behalf of M/s ________________

(Name , address and stamp of the OEM on their letter head)

Copy to :_

M/s ____________

______________
(Name and full address Channel Partner)

Note : This letter of authorization should be on the letter head of the manufacturing firm
(OEM) and should be signed by a person competent and having the power of attorney to legally
bind the manufacturer (OEM). Documents evidencing the same to be attached.