Contract|अनुबंध

Contract No|अनुबंध मांक: GEMC-511687742328714

Generated Date|अनुबंध त थ : 25-Mar-2023
Bid/RA/PBP No.|बोली/आरए/पीबीपी सं या: GEM/2023/B/3143531

Organisation Details|संगठन ववरण

Type| प: Central Government
Ministry|मं ालय : Ministry of Defence
Department| वभाग : Department of Military Affairs
Organisation Name|संगठन का नाम : Indian Army
Office Zone|कायालय े : Indian Army

Buyer Details|खरीदार ववरण

Designation|पद : EPO
Contact No.|संपक नंबर : -
Email ID|ईमेल आईडी : syuraj.348p@gov.in
GSTIN|जीएसट आईएन : -
202 ENGINEER REGIMENT C/O 56 APO,
Address|पता :
LEH, JAMMU & KASHMIR-194101, India

Financial Approval Detail| व ीय वीकृ त ववरण

IFD Concurrence|आईएफडी सहम त : No
Designation of Administrative Approval|
HQ 14 Corps
शास नक अनुमोदन का पदनाम:
Designation of Financial Approval|
COMMANDING OFFICER
व ीय अनुमोदन का पदनाम :

Paying Authority Details|भुगतान ा धकरण ववरण

Role: PAO
Payment Mode|
CGDA-UNIT
भुगतान का तरीका:
Designation|पद : Acct Offr
Email ID|ईमेल आईडी : sarweshranja.299m@gov.in
GSTIN|जीएसट आईएन : -
202 ENGINEER REGIMENT C/O 56 APO,
Address|पता:
Leh, JAMMU & KASHMIR-194101, India

Seller Details| व े ता ववरण

GeM Seller ID|जेम व े ता आईडी : C41A180000592200
Company Name|कंपनी का नाम : MODERN PREFAB SYSTEMS PRIVATE LIMITED
Contact No.|संपक नंबर : 09810039200
Email ID|ईमेल आईडी : info@modernprefabsystems.com
MTM COMPLEX,VILLAGE JONAPUR,Mehrauli,
Address|पता :
New Delhi, DELHI-110047, -
MSME verified|एमएसएमई स या पत : Yes
MSME Registration number|एमएसएमई पंजीकरण सं या : UDYAM-DL-08-0001630
MSE Social Category|एमएसई सामा जक ेणी : General
MSE Gender|एमएसई लंग ेणी : OTHERS
GSTIN|जीएसट आईएन: 07AAACM9796Q1ZE

*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Consignee

Product Details|उ पाद ववरण

Price
(Inclusive of
Tax
Ordered all Duties and
Unit Unit Price Bifurcation
Quantity| Taxes in
# Item Description|आइटम ववरण | (INR)| (INR)|
आइटम INR)|
इकाई इकाई मू य (INR) कर वभाजन
ववरण मू य (INR म
(INR)
सभी शु क और
कर स हत)
Product Name|उ पाद का नाम : Manufacture comma supply and construction of Pre fabricated Aviation
Hangar of size 50 point 00m x 22 point 00m
Brand| ांड : Modern
Brand Type| ांड कार : Unbranded
1 Catalogue Status|कैटलॉग क त: Catalogue not verified by OEM 1 Job 34,800,000 NA 34,800,000
Selling As|कैसे बेचा जा रहा है : Reseller not verified by OEM
Category Name & Quadrant| ेणी का नाम और चतुथाश : BOQ (Q3)
Model|मॉडल: Aviation Hangar
HSN Code|एचएसएन कोड: HSN not specified by seller

Total Order Value |कुल ऑडर मू य (in INR) 34,800,000

 Consignee Detail|परे षती ववरण

Delivery To
Delivery Start
Be
After|
Lot No.| Completed
S.No| .सं. Consignee|परे षती Item|व तु Quantity|मा ा दनांक के बाद
लॉट नंबर By|
डलीवरी शु
वतरण पूरा कब
करना है
तक करना है
Designation|पद : - Manufacture comma
Email ID|ईमेल आईडी : syuraj.348p@gov.in supply and construction
Contact|संपक : - of Pre fabricated
1 - 1 25-Mar-2023 22-Aug-2023
GSTIN|जीएसट आईएन : - Aviation Hangar of size
Address|पता : 202 ENGINEER REGIMENT C/O 56 APO, 50 point 00m x 22 point
LEH, JAMMU & KASHMIR-194101, India 00m

Specification| व नदश 1

Specification Document| व श ता द तावेज़

Buyer BOQ Document| े ता बीओ यू द तावेज़
Compliance of BOQ Specification And Supporting Document|बीओ यू व श ता और सहायक द तावेज़ का अनुपालन

Note| ट पणी:: Seller has given an undertaking that it has made arrangements for getting the stores from an authorized distributor / dealer / channel partner of the OEM of the
offered product. At the time of delivery of goods, Seller will provide necessary chain documents (in the form of GST Invoice) to prove that the supplied goods are genuine and are
being sourced from an authorized distributor / dealer / channel partner of the OEM. In case of any complaint about genuineness of the supplied products, Seller shall be
responsible for providing genuine replacement supplies.

ePBG Detail | ईपीबीजी ववरण

Advisory Bank | सलाहकार बक : ICICI

ePBG Percentage(%) | ईपीबीजी तशत (%) : 10.00

The bidder shall furnish ePBG as applicable as per bid's terms and conditions | बोली लगाने वाले को बोली के नयम और शत के अनुसार लागू ईपीबीजी तुत करना होगा

Terms and Conditions| नयम और शत

1. General Terms and Conditions-

1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable

2. Buyer Added Bid Specific Terms and Conditions-

2.1 Generic:
After award of contract – Successful Bidder shall have to get Detailed Design Drawings approved from buyer before starting fabrication. Successful Bidder shall submit Detailed
Design Drawings for Buyer's approval, within 5 days of award of contract. Buyer shall, either approve the drawings or will provide complete list of modification required in the
drawings within 5 days. Seller shall be required to ensure supply as per approved Drawings with modifications as communicated by Buyer. If there is delay from buyer side in
approval of drawing– the delivery period shall be refixed without LD for the period of delay in approval of Drawing.

2.2 Generic:

Bidder shall submit the following documents along with their bid for Vendor Code Creation:

 a. Copy of PAN Card.

 b. Copy of GSTIN.

 c. Copy of Cancelled Cheque.

 d. Copy of EFT Mandate duly certified by Bank.

2.3 Generic:
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 by up to 50% of the contracted quantity during the currency of the contract at the contracted rates. Bidders are
bound to accept the orders accordingly.

2.4 Generic:
Registration / Empanelment Requirement: Contract shall be awarded to only such sellers , who are registered / empanelled / approved / enlisted with

HQ NORTHERN COMMAND
for the required goods / service category on the date of bid opening. Prospective bidders (if not already registered), are advised to get themselves registered with the said
registration authority before bid opening date. (It is certified that the registration is granted by the registering agency as per Rule 150 of GFR following a fair, transparent and
reasonable procedure.)

2.5 Scope of Supply :

Scope of supply (Bid price to include all cost components) : Supply Installation Testing and Commissioning of Goods

2.6 Turnover:
Bidder Turn Over Criteria: The minimum average annual financial turnover of the bidder during the last three years, ending on 31st March of the previous financial year, should be
as indicated in the bid document. Documentary evidence in the form of certified Audited Balance Sheets of relevant periods or a certificate from the Chartered Accountant / Cost
Accountant indicating the turnover details for the relevant period shall be uploaded with the bid. In case the date of constitution / incorporation of the bidder is less than 3 year
old, the average turnover in respect of the completed financial years after the date of constitution shall be taken into account for this criteria.

2.7 Inspection:
Testing of Sample: The testing of advance sample and bulk sample during PDI will be carried at the designated AHSP labs.When testing facilities are not available, the facilities of
Govt labs/NABL/Accredited labs will be utilized. The testing charges outside the designated AHSP labs to be borne by seller's.

2.8 Certificates :
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.

2.9 Certificates :
ISO 9001: The bidder or the OEM of the offered products must have ISO 9001 certification.

2.10 Certificates :
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.

2.11 Warranty :
Warranty period of the supplied products shall be as given in specifications 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.

2.12 Warranty :
Timely Servicing / rectification of defects during warranty period: After having been notified of the defects / service requirement during warranty period, Seller has to complete the
required Service / Rectification within 10 days time limit. If the Seller fails to complete service / rectification with defined time limit, a penalty of 0.5% of Unit Price of the product
shall be charged as penalty for each week of delay from the seller. Seller can deposit the penalty with the Buyer directly else the Buyer shall have a right to recover all such penalty
amount from the Performance Security (PBG).Cumulative Penalty cannot exceed more than 10% of the total contract value after which the Buyer shall have the right to get the
service / rectification done from alternate sources at the risk and cost of the Seller besides forfeiture of PBG. Seller shall be liable to re-imberse the cost of such service /
rectification to the Buyer.

2.13 Past Project Experience :

Proof for Past Experience and Project Experience clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting the
experience criteria:a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution certificate
by client with contract value.c. Any other document in support of contract execution like Third Party Inspection release note, etc.Proof for Past Experience and Project Experience
clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting the experience criteria:a. Contract copy along with
Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution certificate by client with contract value.c. Any other
document in support of contract execution like Third Party Inspection release note, etc.

2.14 Forms of EMD and PBG :

Bidders can also submit the EMD with Fixed Deposit Receipt made out or pledged in the name of A/C (Name of the Buyer). The bank should certify on it that the deposit can be
withdrawn only on the demand or with the sanction of the pledgee. For release of EMD, the FDR will be released in the favour of the bidder by the Buyer after making
endorsement on the back of the FDR duly signed and stamped along with covering letter. Bidder has to upload scanned copy/ proof of the FDR along with bid and has to ensure
delivery of hardcopy to the Buyer within 5 days of Bid End date/ Bid Opening date

2.15 Forms of EMD and PBG :

Successful Bidder can submit the Performance Security in the form of Fixed Deposit Receipt also (besides PBG which is allowed as per GeM GTC). FDR should be made out or
pledged in the name of

COMMANDING OFFICER 202 ENGR REGT

A/C (Name of the Seller). The bank should certify on it that the deposit can be withdrawn only on the demand or with the sanction of the pledgee. For release of Security Deposit,
the FDR will be released in favour of bidder by the Buyer after making endorsement on the back of the FDR duly signed and stamped along with covering letter. Successful Bidder
has to upload scanned copy of the FDR document in place of PBG and has to ensure delivery of hard copy of Original FDR to the Buyer within 15 days of award of contract.

2.16 Buyer Added Bid Specific ATC :

Buyer Added text based ATC clauses

PART III

ESSENTIAL DETAILS OF ITEMS/ STORES/ SERVICE REQUIRED

6. Tenderers shall furnish list of authorized service centers (For Commercially off the sh
elf items) throughout the country with complete address phone number, fax & email etc.

7. Cover-I. Cover-I will contain the Technical Bids comprising of following document
s.
Details of documents are as below:-

Ser No Categories Remarks/ Appx

(a) Bank Solvency Certificate (Solvency amount to be more th
an the contract value)
(b) Cancelled Cheque
(c) ECS Mandate Form
 (d) EMD in favour of CO 202 Engineer Regiment /
Valid MSME Certificate

(e) PAN, GST/ Registration Nos.

(f) Bidder Turnover Certificate (CA Approved) As per Para 8(a)
(g) OEM Certificates of their firm
(h) Past Performance (Minimum three years)/ Docus as menti Appendix ‘E’
oned at Para 8(b)/ Supply Orders/Work orders of last thre
e years to Northern Command
(j) Certificate of acceptance of terms and conditions of RFP o
n firm’s letter head.
(k) Compliance of BOQ
(l) Confidentially Certificate Appendix ‘A’
(m) Store Delivery Assurance Certificate Appendix ‘B’
(n) Fall Clause Acceptance Certificate as mentioned in RFP Appendix ‘C’
(o) Solvency Certificate Appendix ‘D’

8. The bid shall have the following PQC criteria based on CVC guidelines:-
(a) Average annual financial turnover during the last 3 years, ending 31 st March of
the previous financial year, should be at least 30% of the estimated cost. (This averag
e annual turnover of 30% is for a work with period of completion as three years and w
here the period of completion is less than 3 years, the requirement of average turnove
r shall be proportionally increased and specified).

(b) Experience of having successfully completed similar works during last three yea
rs, ending last day of month previous to the month of bid submission start date, shoul
d be either of the following :-

(i) Three similar completed works costing not less than the amount equal to 4
0% of the estimated cost.
Or
(ii) Two similar completed works costing not less than the amount equal to 50
% of the estimated cost
Or
(iii) One similar completed work costing not less than the amount equal to 80
% of the estimated cost.

9. Modification and Withdrawal of Bids . The bidder may modify or withdraw

his bid after submission provided that the written notice of modification or withdrawal is re
ceived by the Buyer prior to deadline prescribed for submission of bids. A withdrawal notice
may be sent by fax but it should be followed by ink signed confirmation copy to be sent by
post and such signed confirmation should reach the purchaser not later than the deadline f
or submission of bids. No bid shall be modified after the deadline for submission of bids. N
o bid may be withdrawn in the interval between the deadline for submission of bids and
expiration of the period of bid validity specified. Withdrawal of a bid during the period will r
esult in Bidder’s forfeiture of bid security. Once Supply Order placed on L1 and the firm doe
s not accept the Supply Order, will result in black listing the firm for a period of six months.
10. Earnest Money Deposit. Bidders are required to submit Earnest Money Deposit
(EMD) 2 % of tender cost along with their bids. The EMD will be submitted in the form of an
Fixed Deposit Receipt, Banker’s Cheque or Bank Guarantee from any of the public sector ba
nks or a private sector bank authorized to conduct government business as per Form DPM-1
6. EMD is to remain valid for a period of 45 days beyond the final bid validity period. EMD
of the unsuccessful bidders will be returned to them at the earliest after expiry of the final
bid validity and latest on or before the 30th day after the award of the contract. The B
id Security of the successful bidder would be returned, without any interest whatsoeve
r, after the receipt of Performance Security from them as called for in the tender. The EM
D will be forfeited if the bidder withdraws or amends impairs or derogates from the tend
er in any respect within the validity period of the tender. EMD to be issued in favor of C
ommanding Officer, 202 Engineer Regiment, PIN -914202, c/o 56 APO payable at Leh.
11. 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 calculatio
n of price accordingly.

12. The Lowest Acceptable Bid will be considered further for placement of contract/Suppl
y Order after complete clarification and price negotiations as decided by the Buyer. The Buy
er will have the right to award contracts to different Bidders for being lowest in particular it
ems in case of item rate contract. 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 st
ipulated time wherein the order may be placed on L 2, L3 at L1 rates provided this is accepta
ble to them at the ratio of 50:30:20 or 50:50.
13. Bidders are required to mention the rate with GST and without GST separately. If the
rate quoted is same in the both columns, the bidder will be rejected.
14. The bidder should quote specific make, model and other relevant details of the items
for which rates are quoted, irrespective of whether specifications are mentioned with the m
ake/ model or not. In the absence of above information, a quotation may be rejected by the
quotation opening board. The bidder will quote lump sum amount for the supply and constr
uct structural items including all accessories & item rates for electrical, sanitary, labor & co
nstruction materials as per technical specifications. The details are attached as per BOQ in
bid document & rates will be quoted online by bidders in BOQ Excel Sheet only.

15. Confidentiality. The Vendor will ensure confidentiality of the project and will not disclose any information, explicit or tacit, gained by them
or their representative or agents, while interacting with the Officers of 202 Engineer Regiment. The authorized representative of the Vendor will si
gn the ‘Certificate of Confidentiality’ given at Appendix ‘A’ with the Company Seal duly affixed.

16. Rate for delivery of stores and construction items will be considered for delivery as given in the FOR location at Para 5 of Part I of this RFP
w
ith 45 days for 50% of stores and 60 days for bal store from the date of issue of Supply Order and construction activity to be progressed concurrent
ly on supply of stores, complete construction to be completed by 150 days after placing of SO (LD will be applicable for delivery of stores and const
ruction if delayed as per para 55 of the RFP).

17. Specifications of TS supersedes the drg. In case of ambiguity, decision of Accepting O

fficer shall be final and binding.

18. In case of a new shelter/ new vendor not having any past experience of having worke
d in Northern command , one pilot sample structure to be supplied and erected at unit locat
ion / Chandigarh (for the road closure period) before opening of Technical bid. The sample s
tructure to be approved by Board of Officers for qualification in T bid. The same would be di
smantled & shifted to FOR location by the vendor later.

19. FOR of 300 kms radius from Leh. Stores shall be received at FOR location only.

20. The rates quoted will remain valid for six months from the date of acceptance of Supp
ly Order by the vendor for repeat/option clause.

21. User manual to be printed and supplied in hard & soft copy along with the sample str
ucture.

22. In case of inferior quality store or fake item, Accepting Officer has full right to cancel
the Supply Order on quality grounds and due to breach of trust and no representation on thi
s account will be entertained. The vendor will be black-listed for the for six months. All
vendors to check the given specifications as per the TS before dispatch on account of qualit
y and quantity as per the SO clauses. Accepting offr will share the list of rejected items to a
ll units in AOR of 14 Corps.

23. Material testing certificate should be sent along with the supplied items, the material
will be checked at buyer’s end & the result of the test will be one of the criteria for accepta
nce of the product. The test can be carried out by the buyer at cost of the supplier and from
the Govt approved lab/IIT/NIT as chosen by the buyer. Before dispatch of stores testing of s
ample items as selected by Engr Br, HQ 14 Corps/rep thereof will be undertaken. Cost of the
same will be borne by the vendor.
24. Bidder’s offers are liable to be rejected if he fails to upload any of the
certificate/Documents as asked by the buyer.

25. The supplier should be an OEM for fabrication of Shelter and in case of raw material, t
he OEM certificate is required to be furnished by the successful bidder for respective items
for manufacture itself and same to be submitted along with the factory test certificate.

26. Surprise visit to the fabrication unit/factory by any nominated member of the buyer f
or inspection of the factory can be organized.
27. ISO certification ISO 9001(Quality and safety), 9000 (Quality Mgt) to be submitted at
the time of submission of technical bid.

PART IV - STANDARD CONDITIONS

28. Law. The contract shall be considered and made in accordance with the laws of the

Republic of India.

29. Effective Date of the Contract . Normally the contract shall come into effect on the da
te of issue of Supply Order or when some other effective date is mutually agreed to and spe
cifically indicated/ provided in the contract. The deliveries of Store supplies and
construction activities shall commence from the effective date of the contract.

30. Arbitration. All disputes or differences arising out of or in connection with the Con
tract shall be settled by bilateral discussions. Any dispute, disagreement or question arisin
g out of or relating to the Contract or relating to construction or performance, which c
annot be settled amicably, may be resolved through arbitration at High Court, Jammu. The
standard clause of arbitration is as per forms DPM – 7, DPM – 8 and DPM-9.

31. Non-disclosure of Contract documents. Except with the written consent of the Seller/
Buyer, other party shall not disclose the contract or any provision, specification, plan, desig
n, pattern, sample or information thereof to any third party.

32. Delivery Schedule. Stores will be delivered as per GeM instruction of placing of supp
ly order at locations given in Part-II of this RFP . Please note that Contract can be cancelled
unilaterally by the Buyer in case items are not received completely within the contracted de
livery period. Extension of contracted delivery period will be the sole discretion of the Buye
r, with or without applicability of LD clause. Date of supply will be strictly followed. Comma
nding Officer, 202 Engineer Regiment reserves the right not to accept supplies after the
stipulated delivery period and cancel the supply order. No extension will be granted to th
e firm in the deadlines to supply the stores. If any delay is expected in delivery of stores, i
t has to be informed to the unit at least 20 days in advance. Accepting Officer i.e. CO, 202 E
ngineer Regiment will be sole authority in entertaining any request for extension of dead
lines to supply stores. The seller will organize & arrange for unloading of stores at site ei
ther by manual or mechanical effort.

33. Bidder should quote specific make model and other relevant details of the items for w
hich rates are quoted irrespective of whether specifications are mentioned with the make
/ model or not in the absence of above information a quotation may be rejected by the qu
otation opening board.

34. Specifications. The seller guarantees to meet the specifications of the Supply Ord
er. The Seller, in consultation with the Buyer, may carry out technical up gradation in the d
esign, drawings and specifications due to change in manufacturing procedures, indigen
ization or obsolescence. This will however, not in any way adversely affect the end specific
ations of the equipment.

35. Quality. The quality of the stores delivered /work executed according to the prese
nt Supply Order shall correspond to the technical conditions and standards or Specifications
enumerated as per contract/Supply Order and shall also include there in modification to the
stores suggested by the Buyer. Such modifications will be mutually agreed to. The Seller sh
all supply changeability certificate along with similar life as the original item. In case of infe
rior quality store delivered / inferior quality in execution, accepting officer has full right to c
ancel the Supply Order on quality ground and for due to breach of trust and no representati
on on this account will be entertained. All vendors to check items before dispatch on
account of quality and quality as per the SO clauses. The supplier should be an OEM for fabr
ication or should have a OEM authorization certificate for fabrication of respective items for
manufacturer itself and same to be submitted along with the Technical bid.

36. Quality Assurance. After the Supply Order is finalized, the Seller would be
required to provide the standard Acceptance Test Procedure (ATP), Buyer reserves
the right to modify the ATP. Seller would be required to provide all test facilities at his
premises for acceptance and inspection by Buyer. The item should be of the latest
manufacture, conforming to the current production standard and having 100% defined
life at the time of delivery. Material testing certificate should be sent along with the suppl
ied items, the material will be checked at buyer’s end & the result of the test will be one of
the criteria for acceptance of the product. The test can be carried out by the buyer at cost o
f the supplier and from the Govt approved lab as chosen by the buyer.

37. Quality Control.

(a) Approval for quality is desirable and will be resorted to when & if feasible.
(b) Acceptance officer reserves the right to get any part tested for quality if he fe
els so. Cost of such testing will be borne by the supplier. Buyer can send their rep fo
r factory visit for quality check while manufacturing.
(c) In case of inferior quality stores, accepting officer can cancel the Supply Or
der on quality grounds.
(d) The supplier will be responsible for quality of items used in fabrication as gi
ven in the technical specifications.
(e) Surprise visit to be fabrication unit/factory by any nominated member of the
buyers for inspection of the factory.
(f) All vendor should submit their plan of procurement/execution, so that works sh
ould be completed within stipulated time.
(g) Vendor solely responsible for repair/replacement during Defect Liability period

38. Pre-Dispatch Inspection.

(a) The Buyer’s representatives will carry out Pre-Dispatch Inspection (PDI) of the
stores/equipment in order to check their compliance with specifications in accordance
with its usual standard procedures. Upon successful completion of such PDI, the Seller
and Buyer will issue and sign a certificate of conformity.
(b) The Seller shall intimate the Buyer at least 07 days before the scheduled date
of PDI. The Buyer will send his authorized representative(s) to attend the PDI.
(c) The Seller shall provide reasonable facilities, access and assistance to the Buye
r’s representative for safety and convenience in the performance of their duties.
39. Commanding Officer, 202 Engineer Regiment will be the Accepting Officer for the ten
der. In case of any contingency due to force majeure, the request for extension in supply
period will be made minimum two weeks before delivery date. It will be purely th
e discretion of Commanding Officer, 202 Engineer Regiment in granting the extension.

40. Transportation. The store will be delivered at the consignee’s end as per delive
ry schedule. The firm will make its own arrangement to pay all taxes including transit ins
urance/ octroi and other taxes as applicable, the cost thereof and will be responsible f
or defect free delivery of stores at destination. Labor charges for unloading the store from s
eller vehicles at consignee end and stocking in the stores yard of consignee will be bo
rne by supplier. Any damages to stores during transportation from shop/ factory to the
site will be borne by the supplier. Any damage to the stores during transportation from
seller delivery location to the site where the stores are required to be supplied will be made
good/ replaced by your firm within 21 days of the intimation from this unit.
41. Packaging and Dispatch : The stores are required to be packaged to withstand normal
conditions of shipment and short term storage in transit and in the country of destination a
nd the
following conditions will apply:-

(a) The Seller shall be responsible for any loss or damage or expenses incurred by
the Purchase because of inappropriate packages.

(b) Packages containing articles classified as hazardous should be packed and m

arked in accordance with the requirements of the appropriate regulations governing thei
r dispatch by road or air.

(c) The Seller shall also comply with the detailed packaging and dispatch instructio
ns, if specified in the contract.

(d) The responsibility of sending dispatch documents will rest with the Seller. Deta
iled
shipping instructions issue from time to time by the Buyer will apply.

(e) Packing Materials (PM) needed to ensure safe transportation of material from f
irm premises to delivery sites and to locations where it is to be constructed will be supplie
d and rate if any for the same will deemed to be included in quotation and no extra ch
arges will be paid. All material except for trusses, purlins & columns which do not get
damaged during transportation to be packed with maximum weight of 100 kg per
package. Accepting officer is free to reject any damaged stores which will be replaced by
the supplier without any cost effect.

(f) Packing shall be marked with the following :-

(i) Manufacturer's Name and Address.
(ii) Consignee's Name and address.
(iii) Nomenclature of item.
(iv) Contract No
(v) Year of Manufacture.
(vi) Quantity packed.
(g) The store will be accepted only as a complete entity in composite loads and not
in parts/components.

(h) The representative of the firm should be present at the FOR location from the ti
me the very first consignment arrives at FOR location till the time Supply Order is com
pleted for identification of parts, failing which stores will not be accepted at FOR locat
ion.

42. Option Clause. Under this clause, the Purchaser retains the right to place orders f
or additional quantity up to a maximum of 50% of the originally contracted quantity at the s
ame rate and terms of the contract. Such an option is available during the original period of
contract provided this clause has been incorporated in the original contract with the supplie
r. Option quantity during extended DP is to be limited to 50% of balance quantity after origi
nal Delivery Period. This clause may be exercised in case of procurement from single vendor
/ OEM also subject to there being no downward trend in prices.

43. Repeat Order Clause . The contract will have a Repeat Order Clause, wherein the Bu
yer can order up to 50% quantity of the items under the present contract within six months
from the date of supply/ successful completion of this contract, the cost terms & conditions
remaining the same. The Bidder is to confirm acceptance of this clause. It will be entirely th
e discretion of the Buyer to place the Repeat order or not.

44. Inspection Authority. The store/work will be subjected to an inspection to ascertain t

hat they confirm to the specification as laid down in the supply order. The costs incurre
d during inspection, if any (only for testing of material), will be borne by the Vendor / Suppli
er.

45. Raw Materials. All raw materials used should be new and as per particular
specification given in Technical specifications. Test certificate for all raw materials will be s
ubmitted by the seller.

46. The items supplied will be finally accepted on the approval of the Accepting Officer, 2
02 Engineer Regiment or by board of officers.

47. In case of failure of supply of items by due date, the Commanding Officer reserves the
right to cancel this Supply Order.

48. Performance Bank Guarantee. Performance Security deposit payable to the Purchas
er is furnished by the Supplier in the form of a Performance Bank Guarantee (PBG) issued b
y a public sector bank or a private sector bank authorized to conduct government business,
in the prescribed format within 30 Days from the date of contract. At present, ICICI Bank Lt
d., Axis Bank Ltd. And HDFC Bank Ltd. are the three private sector banks authorized to carr
y out government transactions. The performance security deposit is meant to compensate t
he Purchaser for any loss suffered due to failure of the supplier to complete his obligations
as per the contract. Performance security is payable by the supplier at the rate of 10% of th
e contract value PBG should remain valid for a period of fourteen months after the date of c
ompletion of contractual obligations, including warranty. The PBG is returned to the supplie
r on successful completion of all his obligations under the contract In case the execution of
the contract is delayed beyond the contracted period and the purchaser grants extension of
delivery period, with or without LD, the supplier must get the BG revalidated, if not already
valid. The format of the PBG is given in Form DPM – 15. . The Accepting officer to ensure th
e PBG deposited by the vendor is as per the latest Government Guidelines on the subject.

49. Forfeiture of Performance Bank Guarantee (PBG)/ Earnest Money (EM) . The P
BG/ EM will be liable to be forfeited of the bidder withdraws or amends, impairs or derogate
s from the tender in any respect within the validity period of the quotation/Supply Order.

50. Warranty. The following warranty will form part of the contract placed on successf
ul bidder :-
(a) The Seller warrants that the work executed conform to technical specifications
prescribed and shall perform according to the said technical specifications.
(b) The Seller warrants for a period of 12 months from the date of acceptance of sh
elter by Joint Receipt Inspection of date of installation and commissioning. Whichever
is later, that the shelter constructed under the Supply Order and each component used
in the manufacture there of shall be free from all types of defects/failures.
(c) If within the period of warranty, the goods/defects are reported by the Buyer to
have failed to perform as per the specifications, the Seller shall either replace or rectif
y the same free of charge, within a maximum period of 30 days of notification of such
defect received by the Seller, provided that the goods are used and maintained by the
Buyer as per instructions contained in the Operating Manual. Warranty of the equipm
ent would be extended by such duration of downtime.
(d) The Seller also warrants that necessary service and repair back up during the w
arranty period of the equipment shall be provided by the Seller and he will ensure that
the downtime is within 30 days of notification of such defect received by the Seller.
(e) Seller shall provide the details of complete defects reasons and remedial action
s for defects, when such defects arise.

(f) If a particular equipment/goods fails frequently and /or, the cumulative down ti
me exceeds 25% of the warranty period, the complete equipment shall be replaced fre
 e of cost by the Seller within a stipulated period of 30 days of receipt of the notificatio
n from the Buyer. Warranty of the replaced equipment would start from the date of ac
ceptance after joint Receipt Inspection by the Buyer/date of installation and commissi
oning.

51. Risk & Expense Clause. Should the stores or any installment thereof not be deli
vered within the time specified in the Supply Order or if defective delivery is made in respec
t of the stores or any installment thereof, without prejudice have to the right to recover liqu
idated damages as a remedy for breach of contract, to declare the contract as cancelled eit
her wholly or to the extent of such default.

52. Rejected Stores/items. The rejected stores/items will be disposed off by the supplie
r at his own risk and cost at the site where these are rejected.

53. Fall Clause. In cases where contracts have to concluded with the firms, whose rate c
ontract with DGS&D/ other central procurement agencies has expired and renewal of RC has
not taken place, ‘fall clause’ is incorporated in the Supply Order/ Contract to the effect that
during the currency of the Supply Order/ Contract in case rates are found to be lower on con
clusion of rate contract, the lower rates as in the rate contract shall be applicable subject to
following conditions :-.

(a) The price charged for the stores supplied under the Supply Order by the Seller
shall in no event exceed the lowest prices at which the Seller sells the stores or offer t
o sell stores of identical description to Indian Army/ Organizations including the purch
aser or any department of the Central Government as the case may be during the perio
d till performance of all Supply Orders placed during the currency of the rate Supply O
rder is completed.

(b) If at any time, during the said period the Seller reduces the sale price, sells or
offers to sell such stores to Indian Army/ Organization including the purchaser or any d
epartment of Central Govt as the case may be at a price lower than the price chargeabl
e under the Supply Order, the Supplier shall forthwith notify such reduction or sale or
offer of sale to the Buyer and the price payable under the Supply Order for the stores
of such reduction of sale or offer of the sale shall stand correspondingly reduced.

54. Standard Conditions of Quotation. The Bidder is required to give confirmation of t

heir acceptance of the Standard Conditions of the Request for Proposal mentioned below w
hich 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 rej
ection of the Bid submitted by the Bidder.

55. Liquidated damages (LD). If the Supplier fails to complete the work within stipulated
timeframe or any services thereof within the DP or at any time repudiates the contract befo
re expiry of such period, the CFA, without prejudice to the right of the purchaser to any oth
er remedy for breach of contract, may recover from the contractor a sum equivalent to 0.5%
of the prices of any stores which the contractor has failed to deliver within the period agree
d for delivery in the contract, for each week or part thereof during which the delivery of suc
h stores any be in arrears, where delivery thereof is accepted after expiry of the aforesaid p
eriod. The total damages shall not exceed value of 10% of undelivered goods . The LD canno
t exceed the amount stipulated in the contract. This payment will be made through demand
draft or MRO/e-MRO in favour of CDA, Northern Command Jammu.

56. Termination of Contract. The Buyer shall have the right to terminate this Contract in p
art or in full in any of the following cases:-
(a) The delivery of the material is delayed for causes not attributable to Force Maje
ure for more than 45 days or 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
 90 days provided Force Majeure clause is included in contract.
(d) The Buyer has noticed that the Seller has utilized the services of any Indian/For
eign agent in getting this contract and paid any commission to such individual/compan
y etc.
(e) If the Supplier , in the judgement of the Buyer , has engaged in corrupt or fraud
ulent practices in completion of the contract.

(f) As per decision of the Arbitration Tribunal.

(g) The seller fails to give the quality work during execution and following instructi
on given by Accepting officer time to time.

57. Payment Terms. The payment will be made as per the following terms, on production
of the requisite documents:-
(a) Payment will be done as per yard stick as mentioned below:
S No Stage of Work/Material Sup %Payme Cumulative %age
No ply nt payment
Supply of 50% store.
(a) 25 25
Supply of 100% store.
(b) 25 50
Constr of plinth/floor and e
(c) 30 80
rection of structure.
Handing over of shelter dul
(d) 20 100
y completed all respect
(c) Payment shall be made after inspection and acceptance of stores/work execute
d has been acceptable level.
(d) Bills will be subject to audit by associated finance.
(e) Firms will not be issued form ‘D’.
(f) “PAYMENTS WILL BE MADE ONLY THROUGH ELECTRONIC FUND TRANSFER (RTG
S/NEFT) OR THROUGH CHEQUE. PLEASE ENSURE BANK ACCOUNTS IN AUTHORISED BAN
K TO AVOID ANY INCONVENIENCE”.
(g) Deduction of GST. GST will be paid by the successful vendor at the end as per
Govt of India orders in vogue.

58. Consignee Details.

(a) The store will be consigned to Commanding Officer, 202 Engineer Regiment, c/
o 56 APO.
(b) Store will be consigned on freight pre-paid / pay basis.
(c) Delivery will be at shelter site in forward location as given in the FOR locations a
t Para 5 of Part I of this RFP.
(d) The rate quoted is accepted for delivery of stores inside the premises of the con
signee i.e. unloading at the consignee end will be arranged by the Supplier.

59. Cancellation. In case the work is not completed within stipulated period, or if defecti
ve shelter is made and the defective work/stores is not replaced/ rectified within 30 d
ays from the date of intimation of such defects, the supply order will be cancelled
at the sole discretion of Accepting Officer ie, CO, 202 Engineer Regiment either wholly or
to the extent of such defaults. If the defect exceeds Bank Guarantee amount and not rec
tified after one week from the date of encashment of Bank Guarantee, no stores would be a
ccepted and Supply Order shall be cancelled.

60. No insurance charge will be paid by the department. Commanding Officer accepts
no responsibility and no liability for the stores in transit or for the rejected stores l
ying inside consignee’s premises for whatsoever reason.

61. The Commanding Officer reserves the right to inspect/testing the stores to a second
inspection by any authority nominated by him or to inspect the stores himself, and may
reject them if not found conforming to the laid down specifications, within in a period of six
months from the date of acceptance by the normal inspecting authority mentioned abov
e, even if the stores have been accepted, passed and paid for. The supplier shall replace su
ch stores with the stores of correct specifications within a period of one month on receipt o
f due notice in writing by the Commanding Officer at his (Supplier) cost. Accepting offr will s
hare the list of rejected items to all units in AOR of 14 Corps.

62. Documents. The following documents shall be prepared and submitted by the
supplier to the paying authority along with the bill of making payment :-
(a) lnk signed copy of invoice.
(b) Guarantee/Warranty certificate (if applicable).
(c) Purchase Voucher of all items/ raw material purchased.
(d) Test Certificate (if applicable).
(e) Copy of Performance Bank Guarantee.
(f) Prescribed pre-stamped bills in triplicate.
(g) Docus as mentioned at Para 46 of this RFP/ Supply Orders of last three years to
14 Corps Zone/ Northern Command.
(h) Turnover Certificate. Minimum 80% average annual turnover of the contr
act value for the past three years.

(j) Solvency Certificate. The bidder has to produce solvency certificate along t
he bid. The solvency amount has to be more than the contract value. In case of solven
cy certificate for a particular amount has been given to any particular unit for a job, ad
dl solvency from the bank will be produced by the vendor for bidding for any other job.
A certificate to this effect as given in Appx ‘D’ will be rendered.

(k) Quality of materials. Vendor should read all the makes/Specifications carefu
lly, in case of any sub std materials of fake item is recd all the SOs in the HQ 14 Corps
Zone will be cancelled and the vendor will be black listed for the financial year.
Accepting offr will share the list of rejected items to all units in AOR of 14 Corps

63. Bidder’s offer is liable to be rejected if he fails to upload any of the certificate as aske
d by the buyer.

64. Restricted area condition. All the work need to be restricted area hence vendor has to
follow all security guidelines given by user unit and accepting officer time to time work. A c
opy of the same will be given to vendor prior to commencement of work. All documents & s
ketches pertaining to work will be returned on completion of work. Only Indian Nationals sh
all be employed for the work. Vendor is required to obtain necessary security passes from t
he Army formations for labours and technicians employed for the work.

65. Electric & Water Supply . Vendor may take electric/ water connection from nearest ava
ilable electric/ water point after due permission from concerned authorities. Electric/ wate
r supply shall be supplied through Meter. Vendor shall make necessary arrangement for fixi
ng of electrical/ water meter at prevailing market rates. The Electric/ water bills shall be de
posited by the vendor directly to concerned authorities. The vendor may provide suitable G
enerator at site for progress the work. Vendor shall make his own arrangement for water su
pply at work location if vendor boring done at site for water arrangements that should be p
roperty of defence after completion of work.

66. Tools, Plants and Operators . All tools plants and machinery is part of tender. Vendo
r has to submit full details of tools and plants which he intends to use in work. Modern mac
hinery also welcome which can reduce constr activity timing.

67. Supervision :- Contractor has to detail technical staff for supervision of work and tec
h staff directly report to Accepting officer with daily feedback and any hindrance if occurred
at site. Tech staff will be B tech holder with 3 years’ experience and one diploma holder wit
h 3-year experience always present at site during currency of work. Documents duly atteste
d of tech staff credentials need to submit with Bid submission.

Note : Any detail/specification found missing in the RFP/drawing, to be considered as per good

engineering practice.

Appendix ‘A’

(Refer RFP Para 7 (l) of Part-II)

CONFIDENTIALITY CERTIFICATE

(TO BE SUBMITTED WITH TECHNICAL BID)

It is certified that the Company or any representative of the Company or Agents auth
orized by the Company will not disclose any information gained by them or their representa
tives or Agents, while interacting with the persons of the 202 Engineer Regiment, C/o 56 AP
O or any other office of the Headquarters 14 Corps, c/o 56 APO or any documents prepared
in connection with the project or any documents received by them, or any study carried out
by them, directly or indirectly to any person or Company or Institution or Press. Any violati
on therein may be considered as a violation of Indian Official Secret Act 1923.

Appendix ‘B’

(Refer RFP Para 7 (m) of Part-II)

STORE DELIVERY ASSURANCE CERTIFICATE

(TO BE SUBMITTED WITH TECHNICAL BID)

I hereby confirm that complete store is available for delivery within 150 days of deliv
ery period at FOR loc. No extension whatsoever will be requested w.r.t the delivery period.
 Appendix ‘C’

(Refer RFP Para 7 (n) of Part-II)

FALL CLAUSE ACCEPTANCE CERTIFICATE

(TO BE SUBMITTED WITH TECHNICAL BID)

We certify that there has been no reduction in sale price of the stores of description i
dentical to the stores supplied to the Indian Army/ Government under the contract herein a
nd such stores have not been offered/ sold by me/ us to Indian Army/ organization including
the purchaser or any department of Central Government as the case may be up to the date
or bill / the date of completion of supplies against all Supply Orders placed during the curre
ncy of the Rate Contract at price lower than the price charged to Indian Army/ Government.

Appendix ‘D’

(Refer RFP Para 7 (o) of Part-II)

SOLVENCY CERTIFICATE

(TO BE SUBMITTED WITH TECHNICAL BID)

I hereby confirm that no other solvency certificate for any amount except bank letter
No____ has been rendered to any unit/establishment in FY 2023-24.

OR

_________________Bank solvency for amount of Rs._________ has been given in _____________

unit/establishment on dt_____________.
 Appendix ‘E’
(Refer RFP Para 7 (h) of Part-II)

PAST PERFORMANCE SUMMARY CERTIFICATE

Shelter Type SO
Unit Delivered T
S No / Similar Wor Qty Amt Remarks
o
k (In RS)

FY : 2022-23
1.
2.
3.
4.
Total
FY : 2021-22
1.
2.
3.
4.
Total
FY : 2020-21
1.
2.
3.
4.
Total

2.17 Buyer Added Bid Specific ATC :

Buyer uploaded ATC document Click here to view the file .

Note: This is system generated file. No signature is required. Print out of this document is not valid for payment/ transaction purpose.

नोट: यह स टम जनरेटेड फाइल है। कोई ह ता र क आव यकता नह है। इस द तावेज़ का ंट आउट भुगतान/लेनदे न उ े य के लए मा य नह है।