Polythylene Bag for Packing Body with Band and Protective Plug Shell 105MM HE, Illtg. & Smoke Col,

(cid:61)(cid:61)ेेतताा (cid:74)(cid:74)ाारराा जजोोड़ड़(cid:19)(cid:19) गगईई (cid:1)(cid:1)बबडड कक(cid:16)(cid:16) (cid:1)(cid:1)ववशशेषेष शशतत(cid:102)(cid:102)

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 25% 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.

Buyer Added text based ATC clauses Part I : Instruction to Tenderers:

nce Factory Kanpur is only eligible to participate against this GEM bid Enquiry. Offer of other than those fir ms will not be evaluated and no correspondence in this regard will be done.

plication) during original delivery period only can be accepted provided the firm mentions the rate of raw material prevailing with date which can be verified from a Govt. or public source.

em, from the date of the opening of the tender, unless otherwise specified. A bid valid for shorter period ca n be rejected by the purchaser as being non responsive, after giving the bidder an opportunity to comply t o the tender specified validity period. In exceptional circumstances the purchaser may request the consent of the bidder for an extension to the period of bid validity. Such requests shall be made in writing. The bid security provided shall also be suitably extended. A bidder accepting the request and granting extension s hall not be permitted to modify his bid.

e for additional quantity upto 25% of the quantity offered by him. Tenderers are bound to accept order for additional quantity if operated before expiry of original DP as well as refix DP/extended DP

store will be carried out at OFC after receipt of material. Inspection Officer: Chief General Manager/OFC or his authorized representative.

ce Factory, Kanpur reserves the right to change the inspection agency to suit the convenience of the facto ry and in the interest of the state

redited LAB. Firm has to provide test report from NABL accredited lab with NABL logo on TC with each con signment.

e firm. The store supplied against any supply order shall be deemed to have been warranted/guaranteed a gainst defective workmanship and material by the contractor for a period of 12 months from the date of re ceipt of the store by the consignee

s premises free of cost immediately on notice. The buyer reserves the right to inspect the stores on receip t and discrepancy or defects found shall be reported to the Seller within a period specified in the contract and the seller shall rectify the same within a period specified in the contract on receiving the intimation.

ery period without any intimation.

er AWEIL PM 2022.

onsideration, 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 othe r 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 a foresaid undertaking by the Seller or any one employed by him or acting on his behalf (whether with or wit hout 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 Corrup tion Act, 1986 or any other Act enacted for the prevention of corruption shall entitle the Buyer to cancel th e 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 und ertaking had been committed shall be final and binding on the Seller.

gaged an Agent or paid commission or influenced any person to obtain the contract as described in clause s relating to Agents/Agency Commission and penalty for use of undue influence, the Seller, on a specific re quest of the Buyer, shall provide necessary information/ inspection of the relevant financial documents/inf ormation.

ndulge in any practice which pollutes the environment at the time of delivery of stores. In case of any disp ute, AWEIL PM-2022 will follow.

h NEFT/RTGS only for accepted materials within 30 days from the date of receipt of material or submission of bills/documents, whichever is later. PART II:- Technical Specifications:- Polythylene Bag for Packing body with band and Protective Plug shell 105MM HE, Illtg and Smoke Col as pe r OFC Drg. No. SK-9636/B. PART III:- Standard Conditions of Contract:-

e successful bidder (s) awarded the contract. Performance Security Deposit shall be obtained from every s uccessful bidder irrespective of his registration status etc. Performance Security Deposit is, however, not n ecessary for contracts valuing up to Rs. 10 lakh. Above Rs. 10 lakh, PSD is mandatory.

ntity. PSD for the original supply order quantity may be returned after 60 days of fulfillment of all contract ual obligations of the original supply order quantity including warranty period (if any). Regarding Option Cl ause, PSD amount may be worked out based on Option Clause quantity. PSD for Option Clause quantity wil l be returned after 60 days of fulfillment of all contractual obligations of the Option Clause quantity includi ng warranty period (if any).

Draft/Banker Cheque, Fixed Deposit Receipt from a Commercial Bank, Bank Guarantee from a Commercial Bank in an acceptable form safeguarding the purchaser’s interest in all respects. PSD should be submitted with following details: Beneficiary Name: ORDNANCE FACTORY KANPUR Acct No. 40466075332 IFSC Code: SBIN0000219 Bank Name: STATE BANK OF INDIA, INDUSTRIAL ESTATE BRANCH-FAZALGANJ KANPUR

Bank Guarantee, in the prescribed format, issued by an Indian Public Sector Bank or a Private Sector bank authorized to conduct government business or any International bank for which counter guarantee is give n by Indian Bank acceptable to the purchaser.

award) and it should remain valid for a period of 60 days beyond the date of completion of all contractual obligations of the supplier, including warranty obligations if any. Therefore, PSD shall be released after 60 days of completion of contractual obligations.

npur Account) in the event of a breach of contract by the supplier, in terms of the relevant contract.

e of delivery.

ey will not charge GST in the invoice “. If at any time during the contract, supplier gets registered under G ST due to crossing of threshold limit under GST. They will be eligible to claim taxes as applicable on such s upply as per the Time of Supply provisions.

rresponding period of supplies made to factory. In such cases of any default, factory shell not make payme nt of GST component and reserve the right to withhold entire payment and will recover the interest and fin e levied by the GST authorities, if any, due to default made by the supplier. To claim the GST component fr om factory supplier must clear its mismatch if any in invoice filed in the GSTR-1 and submit a copy of GSTR -3 filling Acknowledgement with the factory.

note to the supplier on the basis of which supplier registered under GST can avail the credit and supplier w ill issue the credit note to the factory also

chase order) liquidated damages will be levied for belated supply @0.5% per week subject to a maximum of 10%.

ard terms and conditions mentioned in AWEILPM 2022. PART IV:- Special Conditions of Contract:-

erest of both the parties to the contract. It is important that every purchase officer is not only familiar with each conditions of a contract, but that he is also able to take appropriate & timely action to safeguard the r ights of the purchaser. It is also desirable that the conditions of a contract are practical, fair and just for bot h the purchaser and supplier. The conditions of contract become binding for both parties on signing/ accep tance of the mutually agreed contract.

s, all efforts have to be made to settle disputes with overseas contractors through negotiations, especially in small value contracts. The sole-arbitration clauses as laid down in the general conditions of contract ma y not be accepted by foreign firms. Where necessary, as an alternative, provision may be made in the cont ract for arbitration by three Arbitrators, one each nominated by the purchaser and the supplier; and the thi rd, who should not normally be a native of either India or the contractor's country to be chosen by these t wo Arbitrators. In case of disagreement between the two Arbitrators, the third Arbitrator may be left to be nominated by the Chairman of International Chamber of Commerce, Paris or similar prima facie neutral an d reputed institutions.

(i) All disputes or differences arising out of or in connection with the present contract including the one c onnected with the validity of the present contract or any part thereof, should be settled by bilateral discus sions. (ii) Any disputes or differences arising out of or in any way touching or concerning this agreement (exce pt those for which specific provision has been made therein) shall be referred to Sole arbitrator to be appo inted by the CMD, AWEIL, Ordnance Factory Kanpur, Kalpi Road, Kanpur – 208 009 with the mutual consen t of the parties. The Arbitrator so appointed shall be a Government Servant / Ex Government Servant (with mutual consent) who had not dealt with matter to which this agreement relates and in course of his duties had not 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. Further, the arbitration proceedings would be subject to the provis ions of Arbitration and Reconciliation Act 1996 (Amended in 2015) and the rule thereon and the guideline i ssued by the Government of India in this regard. (iii) The venue of the arbitration shall be at place of concerned Factory.

All contracts whether with domestic or foreign vendors will have provision for Suspension or Banning or de barment. The existing guidelines issued by MoD vide I.D No. 31013/1/2016-D(Vig) Vol.II dated 21.11.2016 & 30.12.2016 (or revised time to time) and MOF guidelines no. F.1/20/2018-PPD dated 2.11.2021 regardin g “penalties in business dealing with entities”, “Guidelines on Debarment of firms from Bidding” respective ly and the suitable procedure (SOP) for levy of financial penalties and/or suspension/banning of business d ealings with entities promulgated by DDP/DOO/AWEIL should be followed. Action may be taken by the Hea d of Department after issuing a show cause notice to the firm(s) and after due consideration of all relevant facts and circumstances of the case, an appropriate decision may be taken.

(a) If the equipment /article /service or any portion thereof be not delivered / performed by the schedul ed delivery date / period, any stoppage or discontinuation of ordered supply /awarded contract without wri tten consent by Buyer or not meeting the required quality standards, the Buyer shall be at liberty, without prejudice to the right of the Buyer to recover Liquidated Damages / penalty as provided for in these conditi ons or to any other remedy for breach of contract, to terminate the contract either wholly or to the extent of such default. Amounts advanced or part thereof corresponding to the undelivered supply shall be recov erable from the Seller at the prevailing bank rate of interest. (b) The Buyer shall also be at liberty to purchase, manufacture or supply from stock as it deems fit, oth er articles of the same or similar description to make good such default and or in the event of the contract being terminated, the balance of the articles remaining to be delivered there under at the risk & cost of Se ller. Any excess over the purchase price, cost of manufacture or value of any articles supplied from the sto ck, as the case may be, over the contract price shall be recoverable from the Seller.

Buyer reserves the right to cancel the order with 15 days notice without any financial liability in the event of any of the following: a) When the item offered by the Seller repeatedly fails in the inspection and/or the Seller is not in position to either rectify the defects or offer items conforming to the contracted quality standards. b) When the Seller fails to honour any part of the contract including failure to deliver the contracted stores / render services in time. c) Adulterated supplies as determined according to Prevention of Food Adulteration Act, 1954 and Rules, 1 995 as amended from time to time. d) Supplies inferior to the specified quality. e) Unbranded/deceptively branded / spurious supplies against branded items in the Purchase Order. f) Time expired supplies. g) When the Seller is found to have made any false or fraudulent declaration or statement to get the contr act or he is found to be indulging in unethical or unfair trade practices. h) Based on the decision of Arbitration Tribunal. i) The seller is declared bankrupt or become insolvent. PART V:- Evaluation Criteria

be done on the prices of the goods offered and other charges such as Packing & Forwarding, Freight and In surance, AMC, etc., as indicated in the price schedule of the Bid documents but excluding levies, taxes and duties such as GST etc on final product, which are to paid extra as per actual, wherever applicable against documentary evidence.

ed by the firm. Contract shall be awarded to the successful bidder whose bid has been determined to be s ubstantially responsive, the lowest evaluated bid, technically & financially acceptable, and successful in ty pe approval/validation tests (where applicable) done by the purchaser. The purchaser reserves the right to counter offer price(s) against price(s) quoted by any bidder.

for quantity less than 50% of tendered quantity will be considered unresponsive and liable to be rejected. Wherever all or most of the approved firms quote equal rates in CARTEL, the purchaser will have right to pl ace order on any one or more firms with exclusion of rest.

oved source, debar them from competing for a period decided by the purchaser which is firm and final.

portal will not be accepted.

) and on the basis of marks scored in the CV (in OTE). CHECK LIST

.

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