CHARGES FOR RADIOGRAPHY OF FILLED BOMB OF 81 MM AS PER SCOPE OF WORK NO. F4/BOMB 81MM/RADIOGRAPHY/0

(cid:71)(cid:71)ेेतताा (cid:75)(cid:75)ाारराा जजोोड़ड़(cid:19)(cid:19) गगईई (cid:1)(cid:1)बबडड कक(cid:16)(cid:16) (cid:1)(cid:1)ववशशेषेष शशतत(cid:108)(cid:108)

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 50 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 50% of the contracted quantity during the currency of the contract at the contracted rates. The delivery period of quantity shall commence from the last date of original delivery order and in cases where option clause is exercised during the extended delivery period the additional time shall commence from the last date of extended delivery period. The additional delivery time shall be (Increased quantity ÷ Original quantity) × Original delivery period (in days), subject to minimum of 30 days. If the original delivery period is less than 30 days, the additional time equals the original delivery period. The Purchaser may extend this calculated delivery duration up to the original delivery period while exercising the option clause. Bidders must comply with these terms.

Without prejudice to Buyer’s right to price adjustment by way of discount or any other right or remedy available to Buyer, Buyer may terminate the Contract or any part thereof by a written notice to the Seller, if: i) The Seller fails to comply with any material term of the Contract. ii) The Seller informs Buyer of its inability to deliver the Material(s) or any part thereof within the stipulated Delivery Period or such inability otherwise becomes apparent. iii) The Seller fails to deliver the Material(s) or any part thereof within the stipulated Delivery Period and/or to replace/rectify any rejected or defective Material(s) promptly. iv) The Seller becomes bankrupt or goes into liquidation. v) The Seller makes a general assignment for the benefit of creditors. vi) A receiver is appointed for any substantial property owned by the Seller. vii) The Seller has misrepresented to Buyer, acting on which misrepresentation Buyer has placed the Purchase Order on the Seller.

Successful Bidder can submit the Performance Security in the form of Account Payee Demand Draft also (besides PBG which is allowed as per GeM GTC). DD should be made in favour of Chief General Manager, Ammunition Factory, Khadki, Pune 411003 (Unit of Munitions India Ltd) payable at PUNE . After award of contract, Successful Bidder can upload scanned copy of the DD in place of PBG and has to ensure delivery of hard copy to the original DD to the Buyer within 15 days of award of contract.

Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any.

Material Test Certificate Should Be Sent Along with The Supply. The Material Will Be Checked by Buyer’s Lab & the Results of the Lab will be the Sole Criteria for Acceptance of the Item.

Warranty period of the supplied products shall be 1 years from the date of final acceptance of goods or after completion of installation, commissioning & testing of goods (if included in the scope of supply), at consignee location. OEM Warranty certificates must be submitted by Successful Bidder at the time of delivery of Goods. The seller should guarantee the rectification of goods in case of any break down during the guarantee period. Seller should have well established Installation, Commissioning, Training, Troubleshooting and Maintenance Service group in INDIA for attending the after sales service. Details of Service Centres near consignee destinations are to be uploaded along with the bid.

Buyer Added text based ATC clauses Following Terms and Conditions will be part of supply order: Sr. Clause Description No. CHARGES FOR RADIOGRAPHY OF FILLED BOMB OF 81 MM A

RADIOGRAPHY/02 DT.28.07.2026

Applicable, 50% of original SO/contract qty. (The purchaser (during the original DP or the extended DP, if

exercise an option to increase the ordered quantity up to a maximum option clause quantity of the originally contracted quantity at the same rate and terms of contract)

Applicable as per Clause No. 4.19 of MILSPM-2023- a) If the supplier is unable to complete the supply within the stipulated delivery period (including 30 days after issue of I- Note, in case of inspection at firm’s premises), the supplier i s required to request for extension of delivery period. If the contractual delivery schedule is decided to be extended the n the same may be done by issuing an amendment to the c ontract with suitable denial clauses and right to impose liqui dated damages for delay. The liquidated damages shall app ly from the contracted delivery period. The amendment lett er should mention, inter alia that, in addition to imposition o f liquidated damages, no extra price or additional cost for a ny reason whatsoever beyond the contractual cost will be p aid to the supplier for the delayed supply; at the same time, if for any reason, whatsoever the cost of the goods to be su pplied/ services to be performed by the supplier decreases that benefit shall be passed on to the purchaser. Supplier’s unconditional acceptance of the amendment by a specified date is to be watched and if the supplier does not agree to a ccept the amendment letter, further action is to be taken a Extension of Delivery Perio gainst the supplier in terms of the contract. If the last day of

d delivery period falls on a holiday, DP should automatically b e extended to include next working day. b) When there is downward trend in prices, advantage of th e same should be taken while considering the request for ex tension of the delivery period in consultation with finance as given below:- i) Where the total cost differential on account of lower trend observed is less than the Liquidated Damages leviable (if th e delay is attributable to the supplier), the delivery period m ay be extended with application of Liquidated Damages. ii) If the total cost differential on account of lower trend is m ore than the Liquidated Damage leviable (if the delay is attr ibutable to the supplier), the lower price should be counter offered to the firm. If the firm accepts the counter offer, the delivery period shall be extended at lower price without Liq uidated Damages. If the firm does not accept the lower pric e, the contract may be cancelled/short closed and appropria te action be taken to re-purchase the stores on priority kee ping in view the requirement. Eligibility Criteria for OTE: OTE to be issued as per latest guidelines MILPM-2023.

y for the subject or similar type of service (i.e. Similar Type of Radiographic Examination of fuzes, cell etc) o n the date of tender opening can participate in this O TE.

vendor has to apply for vendor registration on or bef ore the tender opening date. Offers of any firms who have applied for registration for the subject service before the tender opening date will be c onsidered during evaluation of bid but the participating f irms have to ensure the registration of their firm before price bid opening. Firm have to apply for registration for subject service on htt ps://vendor.munitionsindia.in. In case the vendor registr ation portal is inoperative, offline registration can be don e by submitting VRR form duly filled along with requisite documents on email of QATC i.e. afkqatc@ord.gov.in an d pay registration fee as per Annexure ‘A’. VRR form & A nnexure ‘A’ is uploaded in ATC. Firm can contact QATC s Pre-qualification criteria/ El ection at 020-25922540/2562 for any query with respect

igibility criteria: to offline registration. Also any vendor who obtains offline registration will receive provisional registration only. They must apply online for registration of that item once the registration portal is r einstated. The vendor’s registration will be confirmed o nly after they complete the online registration process. However, in case any vender applies for offline vender regis tration when online vender registration portal is operati ve, such application will not be considered for registrati on.

ice (i.e. Similar Type of Radiographic Examination of f uzes, cell etc) with valid (In any Ordnance Factory) re gistration will be eligible to participate in the OTE for this item.

service or failed to execute any order and same orde r cancelled, those firms shall not allowed be to partici pate in instant tender.

not eligible for participation in instant tender. Offers of other than eligible firms will be summarily rejected. 100% Payment within 30 days on completion and acceptanc e of job at AFK premises. As per scope of work mentioned in

annexure –A is to be made after completion of job along with requisite/relevant document from suppliers.

Inspection Authority, place Place of Inspection : At AFK premises and Type Type of Inspection : Post-Dispatch

60:40 on L1 & L2 firm on acceptance of L1 rate. Provided th at minimum 03 firms have the participation. Due to strategi c reasons for better supply prospects, order will be placed o n two firms Viz. L1 & L2 in the predetermined ratio of 60:40 i.e. 60% quantity to L1 & 40% to L2 on acceptance of L1 rat e by L2 firm. Distribution of Tender Qua In case of 60:40 between L1 & L2, on denial of L1 rate by L2

ntity firm, the quantity of L2 will be offered to L3, L4, L5, …... fir ms sequentially. In case of denial by L2, L3, L4…., the fully quantity shall be loaded on L1 firm subject to L1 firm has qu oted for the full qty. Counter offer will be given to all firms in one go however Qty . distribution should be as per above format. GeM condition will prevailed as per vide MIL letter dtd 31/01/2022 It is mandatory for all firms to send the Raw Material Self Ce rtificate as per drawings and specification of subject item to the QCMAT Official Mail (afkqamat@ord.gov.in) prior to disp atching the bulk. Failure to do so may result in AFK rejectin g the bulk without further notice. The firm is required to provide all testing reports for the raw

materials from NABL Accredited /Government lab used in th Certification e production either along with the bulk supply or maximum within 07 days after receiving the bulk at AFK. In the event t hat all the testing reports not received, AFK reserves the rig ht to reject the material without any additional notifications In addition to testing reports, firm has to provide procureme nt details of raw material. It is mandatory for firm to submit Final product Self Inspecti on certificate stating that 100% quantity supplied as per Su Final product Self Inspectio pply order is self-inspected by firm’s Quality inspector and f

n certificate ound acceptable as per relevant Specification / Drawing / Q AP to QCMAT Official Mail (afkqamat@ord.gov.in) prior to di spatching the bulk. Firm should submit draft QAP (Quality Assurance Plan) & ge t it approved from Inspection Authority before commencem ent of bulk production within one month of placement of Su

If the firm has already submitted QAP earlier for the subject item the same can be considered by Inspection Authority.

Applicable @ 05%, if the contract value exceeds above Rs 0 5 lakh (as per latest guidelines of MILSPM 2023) Performance Security Deposit may be furnished in the form of Account payee Demand Draft/Banker cheque, Fixed Dep osit Receipt with auto renewable facility, Insurance Surety Bond from a Commercial Bank, Bank Guarantee from a Com mercial Bank or online payment in an acceptable form safe guarding the purchaser’s interest in all respects. It should b e drawn in favour of Chief General Manager, Ammunition Fa ctory, Khadki, Pune 411003 (Unit of Munitions India Ltd). A model format of Bank Guarantees for obtaining Performan ce Security Deposit is provided Annexure-20. Indemnity Bon Performance Security Depo

sit (PSD) Central/State PSUs. At the request of the supplier, PSD can be deducted from (i) EMD or (ii) pending bills of the contract or, if any against other contracts. Under exceptional circum stances (for which reasons to be recorded and approved by same CFA who has approved the contracts), the PSD can be deducted from the first bill against the existing contracts. A ny interest occurred in FDR submitted as PSD by the vendor s shall remain in their account. After award of contract, Successful Bidder has to submit the PSD within 30 days. PSD should be valid for 14 months from the date of last sup ply date.

Applicable, if case value more than ₹ 5 Crore. Clause As per MILSPM 2023 Clause No. 3.9 – (a) All the Stores supplied shall be warranted against any d efect in material, Workmanship, defective design, materi als and non-conformance to intended performance, man ufacturing defects, or dimension etc. 12 calendar month s from the date of receipt and final acceptance of supply in Buyer's place / buyer's designated place, whichever is earlier. (b) The seller cannot absolve their responsibility for warrant y of material even though it is inspected & approved by I nspection authority. (c) In case of defective Stores which need to be re-exported for repairs to the manufacturer’s works, To & Fro freight, insurance charges & custom duty for replacement have to be borne by the seller. (d) During warrantee period any equipment or component t hereof supplied by the seller, suffers due to defective m aterial and or due to improper design and or due to defe ctive drawing or due to faulty workmanship the seller wil l assume full responsibility of rectification of such defecti ve equipment or component thereof including direct exp enses related to removal and re-positioning of the replac ement/repaired equipment or component thereof and su bsequent test & trial, incurred thereon without any finan Guarantee/ cial implication to Buyer.

Warrantee Clause (e) In the event Buyer desires to have extension of Warrant y period beyond the stipulated period, as above, the sell er shall quote for the same (on monthly basis) for the pe riod of such extension. (f) If the defects intimated during the Warranty period are n ot remedied within a reasonable / stipulated time i.e.15 days, the Buyer may proceed to rectify the defects at th e seller's risk and cost, but without prejudice to any oth er rights which the Buyer may have against the Seller in respect of the failure of the Seller to remedy such defect s. (g) In the event of Seller’s failure to attend the Warranty def ects within a reasonable period of time, the Performance Bank Guarantee will be encashed by the Buyer. The Buy er’s decision shall be final and binding on Seller in this r egard. (h) All packing, forwarding, insurance and delivery charges arising against this would be borne by the Seller. The gu arantee period would be extended by equivalent period for which the material is not available for the repaired pa rts, which were repaired & replaced during the Warranty period. The Warranty is subject to proper preservation, maintenance, storage, handling and usage of equipment by Buyer & Buyer's customer and does not covers repair s carried out without the prior consent of the seller / seller rep. The time for and the date of delivery of the stores stipulated in the Purchase Order shall be deemed to be the essence of the contract, and delivery must be completed not later than the dates specified therein. Should the Seller fail to deliver the material to our premises or any consignment thereof wi thin the period prescribed for such delivery, Buyer shall be entitled to recover from the Seller agreed liquidated damag es, and not by way of penalty a sum of 0.5% per week of del ay or part thereof, subject to a maximum of 10% as our clai

m towards liquidated damages on the undelivered part of th e order. The LD will be charged on the basic cost excluding taxes and duties. Imposition, recovery or settlement of this LD shall not affect Buyer’s right to performance, compensat ion and termination of the agreement. Liquidated Damages in contracts with Price Variation formula shall be levied on t he price as varied by the operation of the Price Variation cla use.

n the TE and the contract, if considered necessary. Ri sk and Expense purchase clause is provided to safe g uard against the eventuality of the supplier failing to honour the contract obligations. While initiating risk p urchase at the cost & expense of the supplier, the pu rchaser must satisfy himself that the supplier has fail ed to deliver and has been given adequate & proper notice to discharge his obligations. When risk purcha se clause is invoked the defaulting supplier is liable t o pay the additional amount incurred by the Govern ment, if any, in procuring the said contracted goods/ services through a fresh contract (i.e. additional cost if any incurred as compared with the amount contrac ted with him). Factors like method of recovering such amount should also be considered while taking a deci sion to invoke the provision for risk purchase.

may not always be a practical proposition as it may n

n. In proprietary/ single known source items where it Risk and Expense Purchase would not be possible to procure the item from any o ther alternate source, the contract should necessarily have other forms of safe guards like Perfo rmance Bank Guarantee instead of the risk purchase clause. Similarly in case of foreign contracts also, risk and expense clause is generally not feasible. The oth er remedies available to the purchaser in the absenc e of the Risk and Expense Clause are: i. Deduct the quantitative cost of discrepancy from any of the outstanding payments of the supplier. ii. Avoid issue of further TEs to the firm till resolution of the discrepancy. iii. Obtain suitable Performance Bank Guarantee. iv. In import contracts, finally approach the Government of the supplier’s country through the Ministry of Defe nce, if needed. If the material supplied by the vendors is rejected at the fac tory premises, the vendor is required to lift the rejected mat erial within 30 days of issue of rejection I-Note. The factories under MIL have right to recover a charge for the st orage space at @1% of the cost of material un-cleared, per week or part thereof, with maximum ceiling of 10% of value of the items. After lapse of 10 weeks, if it is found that firm has not taken any action for lifting of items, the goods may be confiscated and disposed off as per disposal procedure i

n vogue after sending a notice and giving 30 working days t ime to the firm. A specific provision should be made in the t ender documents to the effect that ground rent be calculate d from the date of expiry of the period of removal of item. N o ground rent should be charged from Central/State Govt/Central PSUs. When the firm fails to pay the applicable ground rent within the prescribed period, factory is entitled to recover the ground rent due and all incidental expenses f rom EMD/PSD. Applicable at (-5%) (As there is no provision in GEM for exce

ss qty.)

aterial test reports from NABL Accredited Laboratorie s with NABL LOGO or from Government Laboratories.

and conditions of tender enquiry. If firm is deviating f rom additional terms and conditions attached by buy er then such offers shall liable for rejection.

on receipt of duly signed and stamped filled Non-discl osure agreement on email : afkpv3@ord.gov.in

t by way of discount or any other right or remedy available to Buyer, Buyer may terminate the Contract or any part thereof by a written notice to the Seller, a lso participation of same seller may not considered in next upcoming tenders also (by Relevant TPC) if: i. The Seller fails to comply with any material term of t he Contract. Special Terms and Conditio ii. The Seller informs Buyer of its inability to deliver the

ns Material(s) or any part thereof within the stipulated D elivery Period or such inability otherwise becomes ap parent. iii. The Seller fails to deliver the Material(s) or any part t hereof within the stipulated Delivery Period and/or to replace/rectify any rejected or defective Material(s) p romptly. iv. The Seller becomes bankrupt or goes into liquidation. v. The Seller makes a general assignment for the benefi t of creditors. vi. A receiver is appointed for any substantial property o wned by the Seller. vii. The Seller has misrepresented to Buyer, acting on wh ich misrepresentation Buyer has placed the Purchase Order on the Seller. AFK reserve’s right to carry out process audit/ detect investi gation of vendor and its sub-vendors, if felt necessary due t o quality issues.

a) Firm may assure Buyers GST No. (AFK, Pune- 471003) - 27AAOCM8781H2ZP. b) Bidders are advised to check applicable GST % on their o

in this regards. GST reimbursement will be as per actual s or as per applicable rates (whichever is lower), subject to the maximum of quoted GST %. c) GST applicable to the offered product. Yes as per MILSPM 2023 Para No. 7.41

ave an arbitration clause as per the Arbitration and C onciliation (Amendment), Act 2015 No. 3 of 2016 pub lished vide the Gazette of India Notification dated 01- 01-2016. Amendment

per timelines given in the Act.

should have an arbitration clause stating the followin

“All disputes & differences arising out of or in any way touc hing or concerning this agreement (except those for whi ch specific provision has been made therein) shall be ref erred to Sole Arbitrator to be appointed by CMD, Munitio ns India Ltd with the mutual consent of the parties. The Arbitrator so appointed shall be an officer of MIL (with m utual consent) who had not dealt with matter to which t his agreement relates and in course of his duties had no t expressed views on all or any of the matter in dispute or differences. The Award of Sole Arbitrator shall be final and binding on the parties.”). Clarifications, if any, in the drawings to be sought within 10

ication in the later stages is to be discouraged.

. All Other Terms and Condit

ions 2. click for Procurement Manual – https://munitionsindia .in > Downloads > Manual & Policies > MIL store pro curement manual-2023

All questions, disputes or differences arising out of or in con nection with the contract, if concluded shall be subject to th

hose jurisdiction the place from which the Acceptance of Te nder is issued, is situated. In case it is found to the satisfaction of the Buyer that the Bi dder has engaged an Agent or paid commission or influence d any person to obtain the contract as described in clauses Access to Books of Account

s of undue influence, the Bidder, on a specific request of the Buyer, shall provide necessary information / inspection of th e relevant financial documents / information. Cartel formation or quoting of pool rates or quoting in collus Anti- Cartel Formation Clau ion is against the basic principle of competitive bidding and

se shall attract penal and punitive measures; including suspen sion/banning of such Bidders for a specific period. Agents/Agency Commissio Non Violation of Standard Clause in the contract of agent/ag

n Clause ency commissions Except with the written consent of the Buyer/Bidder, the oth Nondisclosure of Contract d er Party shall not disclose the TE or consequent Contract or

ocuments any provision, specification, plan, design, pattern, sample or information thereof to any third party. The Bidder will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material o r immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Buyer, conne

cted directly or indirectly with the bidding process, or to an y person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation, c ontracting and implementation of the Contract. The Contract and its annexure(s) shall be treated as confide ntial by the Parties and their officers and employees. Unless otherwise specified herein, neither Party or any of their Classified /Confidentiality C affiliated companies shall make any news release, public an

lause nouncement, advertisement, denial or confirmation, disclos e of some or any part of this Contract or transactions conte mplated under this Agreement to any third party without th e prior consent of the other Party. If any Patent design, trademark, copyright or any other intel lectual property rights apply to the delivery or accompanyin Intellectual Property Right

Clause ereof free of charge by means of a non-exclusive, worldwid e, perpetual license. Force majeure means an event beyond the control of the su pplier and not involving the supplier’s fault or negligence, a nd which is not foreseeable. If there is delay in performance or other failures by the supplier to perform its obligation un der its contract due to an event of Force Majeure(civil war, c

epidemics, natural calamities like floods, earthquakes, volc anoes, storms, acts of God & laws of respective government s or any other causes beyond the control of either parties) o ccurring after conclusion of the contract, then the supplier s hall not be held responsible for such delays/ failures. It is expressly understood and agreed by and between Selle r & buyer that buyer is entering into this contact solely on it Immunity to Govt. of India s own behalf and not on behalf any other person or entity. I

Clause n particular, it is expressly understood and agreed that Gov ernment of India is not a party to this contract and has no li abilities, obligations or right hereunder. Buyer reserves the right to cancel the order with 15 days no tice without any financial liability in the event when the ite m offered by the Seller repeatedly fails in the inspection an d/or the Seller is not in position to either rectify the defects

or offer items conforming to the contracted quality standard s or when the Seller fails to honour any part of the contract i ncluding failure to deliver the contracted stores/ render ser vices in time. Whenever under this contract any sum of money is due or r ecoverable from Seller or payable by the Seller, Buyer shall

whole by deducting any sum then due or which at any time thereafter. The Product Civil Liability on the product, for any loss arisin g in course of its utilization, for which Buyer may be held le gally responsible, is the responsibility of Seller. Buyer will n

ot be responsible for the payment of any premium for this p olicy. The Seller shall at all times protect, indemnify and save/ ke ep harmless the Buyer, its successors, assigns, any claim m ade by a third party against all liability, including costs, exp Indemnity against Patent R enses, claims, suits or proceedings at law, in equity or other

ights wise, arising out of, or in connection with, any actual or alle ged patent infringement (including process patents, if any), or violation of any license with respect of the stores covered by the order. Any amendment to Purchase Orders / Contracts would be e Amendment & Waiver Clau

se ized representatives of the parties hereto. In the event of unsatisfactory performance by the Seller dur ing the contract period, or any of the information provided b y the Seller is found to be untrue, or Seller is found to have

attempted to influence any person involved with the contra ct through unethical means, the contract shall be terminate d. If the Seller enters into liquidation, whether compulsory or v oluntary or becomes insolvent or Suffers a receiver of the w hole or part of this asset to be appointed, i) Shall forthwith notify the same to Buyer and the Buyer shall have the right without prejudice to his other rights or remedies to terminat

e the unexecuted part of this contract and ii) In such an eve nt, the Buyer shall become entitled forthwith to get the refu nd within 30 days of all the advance payments received by t he Seller and expenditure incurred as a part of its obligation s under this contract. The stores should be properly packed for tropical storage a nd for transport by rail, road, sea or air so as to ensure and

n arrival at their destination. The packing and marking of pa ckages shall be done by and at the expense of the seller. Price Variation Clause (Only For Copper, Brass, Lead, Antim

ony, Lead Antimony Alloy) Buyer reserves the right to reject/cancel/scrap the tender e

ying any reason what so ever.

and conditions of the bid.

Additional Documents requ 3. Non-Disclosure Agreement ired from Seller

(Bidder shall submit all the

se documents, uploaded u

nder “buyer uploaded ATC

document”, dully filled sig ned and stamped. Failing 7. VRRF & application fees - In case Firm is not registere which the offer will be sum d in any Ordnance Factory for the subject/similar serv marily rejected) ices(only if online vendor registration portal is inoper ative on or before tender opening date.)

.

Buyer uploaded ATC document Click here to view the file. /Disclaimer अअ(cid:39)(cid:39)ववीीककररणण