IMPORTANT NOTICE SUPPLIERS SHALL TAKE NOTICE ON THE FOLLOWING POINTS FOR ITS STRICT COMPLIANCE.
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- Oswin Osborne
- 5 years ago
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2 Annexure-1 IMPORTANT NOTICE SUPPLIERS SHALL TAKE NOTICE ON THE FOLLOWING POINTS FOR ITS STRICT COMPLIANCE. AS THE ITEMS ARE CRITICALLY REQUIRED FOR OUR PRODUCTION SUPPORT, NONCOMPLIANCE OF ANY OF THE FOLLOWING POINTS WILL INVITE DISQUALIFICATION OF THE SUBMITTED OFFER WITHOUT ANY FURTHER COMMUNICATION / NOTICE FROM THIS OFFICE IN THIS REGARD. I. FOR THE CONSIDERATION OF THE OFFER AND ITS PRICE BID OPENING, SUPPLIERS SHOULD ENSURE THE COMPLIANCE OF FOLLOWING POINTS (WHICH ARE MANDATORY IN LINE WITH THIS PARTICULAR TENDER) AS STIPULATED IN THE GENERAL TERMS AND CONDITIONS OF ENQUIRY (ANNEX-3) HEREWITH. 1. RS. 10,000/- AS PER CLAUSE NO 57 OF STANDARD COMMRCIAL TERMS & CONDITIONS (ANNEXURE-3) 2. LIQUIDATED DAMAGE. 3. PAYMENT TERMS. 4. VALIDITY OF OFFER. 5. SECURITY DEPOSIT & PERFORMANCE GUARANTEE 6. GUARANTEE 7. INITIAL PRESERVATION FOR 24 MONTHS FROM THE DATE OF SUPPLY. 8. AUTHORISATION LETTER FROM THE OEM (IF APPLICABLE) 9. RISK PURCHASE. 10. MAKE AND MODEL NUMBER OF OFFERED ITEM. 11. SUBMISSION OF RELEVANT CATALOG OF EQUIPMENT OFFERED. 12. SELF CERTIFIED COPY OF MSE /NSIC CERTIFICATE, IF APPLICABLE. 13. UNPRICED BID AS PER ANNEXURE 4 TO BE SUBMITTED ALONG WITH TECHNO COMMERCIAL BID WITH DETAILS LIKE PERCENTAGE OF TAXES & DUTIES APPLICABLE AND DETAILS LIKE QUOTED/NIL/INCLUDED/BY CSL TO BE MENTIONED FOR EACH LINE ITEM. II. IT IS REITERATED THAT OFFERS SUBMITTED WITHOUT COMPLIANCE OF ANY ONE OF THE AFORESAID POINTS WILL NOT BE CONSIDERED FOR ITS EVALUATION AND SUMMARILY BE REJECTED ON COMMERCIAL BACKGROUND WITHOUT ANY FURTHER CLARIFICATION / NOTICE / COMMUNICATION IN THIS REGARD FROM M/S. COCHIN SHIPYARD LTD., EVEN THOUGH THE OFFER IS TECHNICALLY ACCEPTABLE. SD/- DGM (MATERIALS)
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13 STANDARD COMMERCIAL CONDITIONS OF ENQUIRY- ADS LIST OF ENCLOSURES Annexure3 Sl. No Description Enclosure No. 1 Terms and Conditions of Enquiry I 2 Format for Advance Payment Bank Guarantee II 3 Format for Performance Bank Guarantee III 4 Certificate of compliance to commercial condition. IV These Documents are to be duly filled up and furnished by the supplier along with the techno-commercial offer. Compliance of all the Terms and Conditions shall be indicated by Yes/No; in case No, reasons to be provided. Page 1/17
14 ENCLOSURE No I Sl. No COCHIN SHIPYARD LIMITED COCHIN-15 TERMS AND CONDITIONS OF ENQUIRY DESCRIPTION 1 MODE OF SUBMISSION OF TENDERS a. Tenders should be submitted in two separate sealed covers super scribed in capital letters as PART-I TECHNO- COMMERCIAL & PART-II PRICE indicating the tender number, due date and name & address of the tenderer. b. Hard copies of the Techno commercial offer should be submitted in Septuples. In addition Four soft copies on CD ROM are also to be enclosed. Price bid shall be submitted only in one copy in sealed cover 2 TECHNO-COMMERCIAL PART SHOULD CONTAIN THE FOLLOWING DETAILS a. Technical specification & manufacturer s name b. Drawings & Technical Literature. c. Other conditions, if any d. Deviation list, if any e. Overall size of Air/Seaworthy packages (L x W x H) and weight of each package f. Technical Checklist/s attached with the Technical specification, if any duly filled & signed g. Copy of un-priced Price bid (certifying that it is the exact form of the price bid, except that Price figures are blanked) h. Reference List of users of the equipment with special emphasis on Naval Installations and after sale service facilities available including local support, if any available in the case of imported items. 3. PRICE PART SHOULD CONTAIN THE FOLLOWING DETAILS a. Price break-up of each item/equipment. (Price shall be quoted Applicable, (except where X indicates not applicable.) Compliance by the supplier (Yes/No). In case of No, reasons to be provided. Page 2/17
15 Sl. No DESCRIPTION separately for Equipment, Spares, and Charges for Erection & Commissioning, Service Engineer, Inspection charges etc.) b. Charges for the service Engineers shall include to & fro airfare, boarding, lodging and local travel expenses in case of lump sum quote of commissioning charges. c. Per day rate of Service Engineer excluding to & fro airfare, boarding, lodging and local travel expenses is to be indicated in the price part, in case additional days of services become necessary. d. Price bid should contain both FOB and C & F Cochin prices separately. e. Inspection charges, if any required, shall also be separately included in the quote. Note: Conditional discounts, if any will not be reckoned for tender evaluation/comparison purposes. 4 CSL reserves the right to alter and modify the scope of supply at their discretion, consistent with the policy of the Government of India and statutory bodies under them as applicable to the contract from time to time. 5 The Techno-commercial part alone will be opened initially on the due date of tender. The price part will be opened only after evaluation of the Techno commercial part. Date of opening of the price part will be intimated to those firms whose Techno-commercial bids would be acceptable after the evaluation. Applicable, (except where X indicates not applicable.) Compliance by the supplier (Yes/No). In case of No, reasons to be provided. 6 DEVIATION LIST Materials/Items offered shall conform to CSL tender specifications and drawings Deviations, if any, in the techno-commercial offer from that of the tender enquiry should be clearly furnished in a separate document titled as List of Deviations, failing which it will be considered that all the terms and conditions are accepted. 7 OPTIONAL ITEMS Details of optional items, if any, should be indicated under separate heading in the technical bid and the respective price details should also be given in the price bid. 8 After submission of quotation no unsolicited correspondence will be entertained. 9 Clarifications, either technical or commercial, should be submitted to points specifically asked for only. The opportunity so given should not be used for correcting/changing/amending the data/ conditions already submitted with the tender. Page 3/17
16 Sl. No DESCRIPTION 10 Price part should be submitted in the Price Format, if provided. Price should be quoted separately for each item shown in the format. Combining of figures against more than one item and ambiguous clauses will lead to rejection of the bid. 11 COMPLIANCE CERTFICATE Certificate of compliance to Commercial conditions, Enclosure IV, duly filled & signed should be submitted along with Part-I Techno- Commercial bid. Non-receipt of this document may lead to rejection of the offer. 12 CLARITY OF OFFER Offers should be clear and unambiguous. Incomplete/ ambiguous offers are likely to be rejected. Offer should be free from overwriting. Corrections and additions, if any, must be duly attested 13 Overseas firms should quote prices both on FOB and C&F Cochin terms. 14 Suppliers are allowed to depute their authorized representative to be present at the time of opening of the price bid. 15 No enhancement of rate for whatever cause will be allowed once the offer is accepted and an order is placed. Withdrawal of the quotation after it is accepted or failure to make the supply within the stipulated delivery period will entail cancellation of the order and forfeiture of Earnest Money Deposit/Security deposit, if any and/ or risk purchase Applicable, (except where X indicates not applicable.) Compliance by the supplier (Yes/No). In case of No, reasons to be provided. 16 Tenderers are to carefully go through the terms and conditions and the technical specification of the items for which offers are called for. 17 Indigenous tenderers should quote prices for delivery of materials at CSL stores. Insurance shall be arranged by CSL 18 Manufacturer s name, their trademark and brand, if any, should invariably be mentioned and illustrative leaflets giving technical particulars etc., should be attached to the offer. 19 VALIDITY OF PRICE Prices should be valid for acceptance for a period of four months from the date of opening of quotation. Validity of the offer shall be extended if required based on the request from CSL. 20 The quantities in each item to be purchased may vary according to actual requirement at the time of placement of order. 21 Cochin Shipyard Limited reserves to itself the right to reject any or all or a part of any tender at its discretion. 22 The bidder shall be prepared to depute his representatives to CSL, Kochi, if called for Techno-Commercial discussions during evaluation of the offer. Page 4/17
17 Sl. No DESCRIPTION 23 DUTIES AND TAXES a). Considering the implementation of GST, the following details are required to be indicated in the techno-commercial bid and price bid: (i). GSTN Registration No. of your firm (ii). HSN Code (Harmonized System Nomenclature code) of the quoted materials (iii). GST percentage applicable for the quoted materials (iv). SAC Code (Servicing Accounting Codes) for the service part (v). GST percentage applicable for the service part. Applicable, (except where X indicates not applicable.) Compliance by the supplier (Yes/No). In case of No, reasons to be provided. b). As per Notification no. 1/2017 Central Tax (Rate)/Integrated Tax (Rate) dt. 28th June 2017 and G.O. (P).62/2017/Taxes; dt. 30th June 2017 (SGST), 5% shall be applicable for the parts are being procured for use in ships/vessels falling under Tariff (HSN) chapter DELIVERY TIME Delivery time required for supplies should be indicated in the offer. 25 PAYMENT TERMS a. Supply of materials : CSL terms of payment is 80% payment plus 100% taxes within 30 days from the date of receipt and acceptance of material. Balance 20% shall be made after completion of installation and satisfactory commissioning. Please confirm in the offer that CSL terms of payment are acceptable. Normally advance payments are not encouraged. b. In case advance payment is sought, the same has to be specifically indicated in the offer. Interest at prime lending rate of State Bank of India will be charged. Also interest at prime lending rate will be loaded for tender evaluation purpose. In addition a Bank Guarantee in the CSL format equivalent to the amount of advance, to cover the period till the advance payment is adjusted is to be furnished. Advance payment shall be subject to prevailing CVC guidelines. Payment shall be made subject to the supplier providing all binding data as indicated in the Technical specification within the period specified therein. Normally Advance payments are not encouraged. c. Technical Services : Technical services such as installation, commission, STW, HATS, SATS, training, re-preservation, extended guarantee/warrantee, additional mandate if any shall be payable after completion of each activities against completion of stage commission certificates issued by IN/ CSL. Page 5/17
18 Sl. No DESCRIPTION 26 FALL CLAUSE The firm/bidder winning the contract shall sign an agreement with Cochin Shipyard Ltd for Fall clause which means during the contract period the firm/bidder cannot offer the item/s to anyone else at rates lower than the rates quoted, otherwise the same lowest rate shall be applicable to the contract with CSL also 27 SAMPLES AND WORKING DRAWING Samples are to be supplied free of cost in the event of requirement by CSL. The detailed working drawing, if called for, is also to be furnished for approval before commencement of manufacture. 28 SECURITY DEPOSIT: The successful tenderer must remit a security deposit of 10% of the order value by way of Bank Guarantee as per CSL format from a Nationalized or Scheduled Indian Bank if an order is placed on him towards satisfactory performance of the contract and for enforcement of agreed performance guarantee as per the Guarantee clause. The Bank Guarantee should be initially valid till completion of supplies and later revalidated to cover the guarantee period indicated at clause 10 plus a grace period of 3 months. If the tenderer is not agreeable to remittance of Security Deposit/ Performance Guarantee, as stipulated in our General Terms & Conditions, 10% of their quoted price will be added to their price for evaluation/comparison purposes and in case order is finalised on that party 10% of the quoted price will be deducted from the first payment made to the party and kept with CSL as security deposit which will be released on successful completion of the contract. 29 FORCE MAJEURE CONDITION: Should failure in performance of the contract or part thereof arise from war, insurrection, restrain imposed by Government, Act of Legislature or other Statutory Authority or illegal strike, riot, legal lock-out, flood, fire, explosion, act of God or any inevitable or unforeseen event beyond human control, which may be construed as reasonable ground for an extension of time, CSL may allow such additional time as is mutually agreed, to be justified by the circumstances of the case. The occurrence/ cessation of force-majeure situation is to be informed with documentary evidence within 15 days from the date of occurrence/cessation. 30 LIQUIDATED DAMAGE: a. In case of delay in supply of ordered materials beyond the stipulated delivery period, supplier is to pay Liquidated Damages (and not by way of penalty) a sum equivalent to ½% (half percent) per week or part of the week of the order value in the case of Machinery/Equipment and of the value of materials delayed in the case of all other items, subject to a maximum of 10% of the order value. Applicable, (except where X indicates not applicable.) Page 6/17 Compliance by the supplier (Yes/No). In case of No, reasons to be provided.
19 Sl. No DESCRIPTION b. In case of any delay in submission of the documents as per period specified in the Technical specification, the supplier shall compensate the consequent loss to the Yard on account of the delay a sum equivalent to ½ % per week of the order value, subject to a maximum of 5% of the order value. c. If it is found that the item supplied does not conform to the binding data furnished, LD towards corrective action needed for the installation onboard on account of such non-conformity, a sum equivalent to ½ % per week of the order value, subject to a maximum of 5% of the total contract value shall be imposed and the same shall be deducted from the balance payment. 31 RISK PURCHASE: If the supplier fails to supply the items ordered within the delivery date or violate any of the terms and conditions of the purchase order, CSL shall have the following rights: a. To terminate the contract with 15 days notice forfeiting the security deposit. b. To initiate alternate procurement action at the risk and cost of the supplier 32 GUARANTEE: The Equipment/ Machinery supplied shall be guaranteed for satisfactory performance for a period as specified in the tender enquiry against faulty design, defective materials and poor workmanship. In case of any unsatisfactory performance /failure within the guarantee period, the Supplier should immediately rectify the failure by repair/replacement of any such part found to be under performing/ defective at his expense. Manufacturers test and Guarantee certificates are to be supplied along with the Equipment/ Machinery. The firm shall submit the charges for extended warranty/guarantee on annual basis in their offer beyond agreed warranty period. 33 INDIAN AGENT: Cochin Shipyard Ltd. is a fully owned Govt. of India Enterprise and prefers to deal directly with the supplier. However if there is absolute necessity, they can employ an Indian Agent to deal with Cochin Shipyard Ltd, whose name is enlisted with Director General of Supplies & Disposals under the compulsory Registration scheme of Ministry of Finance. The commission payable by the supplier to such an agency shall be intimated. The Tenderer shall ensure that their Indian Agent is not representing any other suppliers for a particular Tender. In other words, Indian Agents are not permitted to represent more than one firm for any particular Tender. Applicable, (except where X indicates not applicable.) Compliance by the supplier (Yes/No). In case of No, reasons to be provided. Page 7/17
20 Sl. No DESCRIPTION 34 GOVERNING LAW All questions, disputes or difference arising under, out of, or in connection with contracts shall be subject to the exclusive jurisdiction of the Courts at Ernakulam, India Applicable, (except where X indicates not applicable.) Compliance by the supplier (Yes/No). In case of No, reasons to be provided. 35 SECRECY & RESTRICTION ON INFORMATION TO MEDIA a. The information contained in the enquiry specification as such shall NOT be communicated to any third party without prior approval of CSL b. Information in respect of contracts/orders shall NOT be released to the national or international media or anyone not directly involved in its execution without the written approval of the Integrated Head Quarters, MOD (NAVY) [DND/DSP]. 36 PROGRESS REPORTS a. During the performance of the Purchase Order, Supplier shall submit monthly and /or quarterly reports on the actual progress achieved on the execution of the order. Such reports shall include but not limited to the following: 1. A copy of the supply Schedule outlining the up-to-date progress and expected completion dates for the major items of documentation and manufacture & supply of the Equipment/ machinery. 2. A description of any anticipated variance from the Equipment/ Machinery delivery schedules together with an assessment of the impact of such variance and a statement of the corrective action proposed. b. CSL/IN/their authorised personnel shall have access to facilities where the Tasks and Services under the Purchase Order are being carried out and to all Technical documents concerning the said Tasks and Services in order to monitor progress of the work. 37 SHIPMENT a. Fourteen days before the date of readiness for shipment, Supplier shall intimate CSL the readiness of the Equipment/ Machinery/ Components and Parts for shipment. b. Seven days before the date of readiness of shipment stipulated in the Purchase Order, Supplier shall advise CSL by fax the Purchase Order No., commodity, quantity, value, number of packages, gross weight, measurement and date of readiness of shipment. c. Copies of packing list in duplicate and certificates, where applicable to be mailed to CSL within two weeks after readiness. Page 8/17
21 Sl. No DESCRIPTION 38 SUB CONTRACTING AND ASSIGNMENT a. Supplier shall not assign nor transfer the Purchase Order nor shall any share or interest therein in any manner or degree be transferred or assigned by Supplier to a third party without prior consent in writing of CSL. Notwithstanding assignment to which CSL has given consent, Supplier shall be and remain solely responsible and liable for the proper and timely execution of the Equipment/ Machinery supply in accordance with the provisions of the Purchase Order. b. Supplier shall not contract with any subcontractor and/or vendor without the prior written consent of CSL. Such consent shall not relieve the Supplier from any of his responsibilities and liabilities under the Purchase Order. In addition, Supplier shall ensure that the terms and conditions of any such contract shall comply with and correspond to the terms and conditions of the Purchase Order Applicable, (except where X indicates not applicable.) X Compliance by the supplier (Yes/No). In case of No, reasons to be provided. 39 INSPECTION, TESTING, INSTALLATION, COMMISSIONING, HARBOUR ACCEPTANCE TEST (HAT) & SEA ACCEPTANCE TEST (SAT) a. Inspection & Testing at Manufacturer s Works The equipment will be subjected to final test and inspection attended by Third party inspection agency Inspection Agencies. b. Onboard Installation The supplier shall depute the required personnel to assist CSL in carrying out installation of the equipment/machinery onboard as per relevant clauses of the Technical specification. c. Setting to work, Commissioning, HATs, SATs The supplier shall depute the required personnel for setting to work, commissioning, HATs and SATs as per relevant clause of the Technical specification. 40 PRODUCT SUPPORT The supplier should provide product support for equipment /sub assemblies/ components including provision for periodic modular software upgrade if any for the period mentioned in the Tender Technical specification. 41 LEGAL RIGHT The legal right of the Buyer viz. CSL in obtaining data/ information, interface details from the supplier shall be extended to CSL Contractor, M/s Fincantieri Navali Italiani Spa, Genova, Italy, where required and Indian Navy. Request of clarification and details/ information of technical nature sought by M/s Fincantieri & Indian Navy is to be replied by the supplier in case purchase order is placed. Page 9/17
22 Sl. No DESCRIPTION 42 PRESERVATION Initial preservation for a period of 24 months suitable for tropical condition having a humidity of 85% is to be carried out at the supplier s works prior to supply. If the storage at CSL is to be extended beyond 24 months, periodic re-preservation for the storage period is to be carried out by the supplier. After installation, the equipment is to be preserved till commissioning. The preservation is to be carried out by the supplier including supply of preservatives and other consumables. Supplier shall indicate the procedure and schedule of preservation in the offer. De-preservation if any, required prior to commissioning of the equipment shall also be the responsibility of the supplier. The conditions and associated costs should be clearly mentioned in the offer. The firm shall submit the charges for re-preservation on annual basis in their offer beyond 24 months from the date of supply. 43 SAFETY LABELS Hazardous materials that require safety measures for workmen involved in handling/ processing shall bear safety labels showing procedures to be adopted for safety. 44 Items are to be delivered within. weeks from the date of Purchase Order. Acceptable range of delivery period is. weeks from the date of delivery mentioned above. No credit will be given for early delivery, but for the offers with delayed delivery date within the Acceptable range, an amount equal to ½ % of the quoted price per week will be added to the offered price for evaluation/ comparison purposes 45 SUPPLIERS CREDIT: CSL intent to avail credit facilities from the supplier for a period up to 6 months from the delivery date to finance procurement of the item. So, the willingness to extend such credit facility and the relevant terms and conditions shall be indicated separately as an optional offer. 46 SERVICE ENGINEER/TECHNICIAN: a. PER DIEM RATES The per diem rates quoted should be based on the salary, allowance and other social benefits normally payable to the individual. Overheads and other profit elements should not be included. The rates quoted should be valid for the entire calendar year and escalation per year thereafter may be indicated separately. The escalation sought should be based on documents published by their Governmental/Semi-Governmental authorities. Overtime rate for work beyond normal working hours should also be indicated. b. WORKING HOURS The per diem rates quoted should be on the basis of eight hours Applicable, (except where X indicates not applicable.) X Page 10/17 Compliance by the supplier (Yes/No). In case of No, reasons to be provided.
23 Sl. No DESCRIPTION per working day at site, excluding holidays. Working hours will be computed from the time of reporting at site to the time of leaving the site. c. TRAVEL TIME Not more than the actual travelling time will be allowed as journey time for the purpose of computation of service engineer s charge. d. SELECTION OF SERVICE ENGINEER/TECHNICIAN e. Persons deputed should have the requisite technical knowhow/experience in trial and commissioning of Ships and/or ship Equipments including all relevant systems and sub-systems. f. If it is found that the person deputed does not possess the requisite expertise/knowledge, CSL reserves the right to ask for a suitable replacement at the cost of the supplier. g. IT EXEMPTION Supplier should depute only persons who are entitled for exemption from income tax in India. In case the supplier does not depute such persons, the tax liability will be in the supplier s account 47 The bidders shall give an undertaking that they have not made any payment or illegal gratification to any person/authority connected with the bid process so as to influence the bid process and have not committed any offence under the PC Act in connection with the bid. 48 The bidders shall disclose any payments made or proposed to be made to any intermediaries (agents etc.) in connection with the bid. 49 In a tender, either the Indian Agent on behalf of the Principal/OEM or Principal/OEM itself can bid but both cannot bid simultaneously for the same item/product in the same tender. 50 If an agent submits bid on behalf of the Principal/OEM, the same agent shall not submit a bid on behalf of another Principal/OEM in the same tender for the same item/product. 51 As per Indian Government of India (Central Vigilance department), CSL and the SUPPLIER has to sign a INTEGRITY PACT for the high value contracts, for ensuring transparency, equity and competitiveness in public procurement. The Tenderer has to sign forward the Integrity Pact along with your offer. Applicable, (except where X indicates not applicable.) Compliance by the supplier (Yes/No). In case of No, reasons to be provided. 52 Offers should be clear and unambiguous. Incomplete/ambiguous offers are likely to be rejected. 53 Conditional discounts, if any will not be reckoned for tender evaluation/comparison purposes. Page 11/17
24 Sl. No DESCRIPTION 54 CSL reserves the right to place order to the technically qualified lowest bidder in full or individual items to the respective lowest bidders in the tender. 55 GRIEVANCE REDRESSAL: Grievance Committee Cochin Shipyard has constituted a grievance committee as an alternate mechanism for redressal of grievances in all contracts for purchase of goods and services, where the value is above Rs. 100 Lakhs. The parties to this contract can approach this committee in case they are unable to settle their disputes through discussions with concerned department of Cochin Shipyard overseeing the contract. Sl. No. Presently the committee is constituted as follows Name Designation Phone Number 1 Shri. AV Sureshkumar GM (SB) Shri. V J Jose DGM (Fin) Shri. Subramanian K K AGM (HR) All representatives to the committee should be in the enclosed format and should be submitted to the nodal officer: Smt Kala V, Company Secretary, Cochin Shipyard Limited, Kochi. The nodal officer would forward the submission to the grievance committee. The committee would subsequently call the aggrieved parties, hold a hearing and settle the disputes. 56 For all firms who are registered with NSIC and come under Micro and Small enterprises holding a valid NSIC certificate, waiver of security deposit (SD) for the performance of the contract (10% of the order value by way of bank guarantee till the supplies are completed). However to ensure performance of the item during the guarantee period a Performance Bank Guarantee (PBG) (10% of the order value by way of bank guarantee) to be submitted by the firm as applicable. 57 Earnest Money Deposit: Earnest Money Deposit of Rs. 10,000/- should be furnished either in the form of a demand draft in favour of Cochin Shipyard Limited, Kochi-15 or in the form of a Bank Guarantee from a Nationalized Indian bank which is to be valid for a minimum period of four months from the date of opening of the tender. The offer without EMD would be considered as unresponsive and rejected. Applicable, (except where X indicates not applicable.) Compliance by the supplier (Yes/No). In case of No, reasons to be provided. Page 12/17
25 ENCLOSURE II FORMAT FOR ADVANCE PAYMENT BANK GUARANTEE TO COCHIN SHIPYARD LTD (Name of Employer) (GOVT. OF INDIA ENTERPRISE,) PO BAG No. 1653, PERUMANOOR PO, COCHIN (Address of Employer) Gentlemen: In accordance with the Conditions of Contract No. Dated (hereinafter called the Contract) for the supply/work of (Name of the item), M/s. (Name and address of Contractor)(hereinafter called the Contractor) shall deposit with COCHIN SHIPYARD LTD, COCHIN, a bank guarantee to guarantee his proper and faithful performance under the Contract an Amount of Rs. (amount of Guarantee) (in words). AND WHEREAS, we have agreed to give the Contractor such a Bank Guarantee. NOW THEREFORE we (Name of the Bank) having its Head Office at (Address of Head Office) and acting through its branch office at (Address of the executing branch) (hereinafter called "the Bank") as instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as a Surety merely, the payment to COCHIN SHIPYARD LTD, COCHIN on his first demand without whatsoever right of objection on our part and without his first claim to the Contractor, in the amount not exceeding Rs. (Amount 1 of Guarantee) Rupees only(in words). We, the Bank, further agree that no change or addition to or other modification of the terms of the Contract or of Works to be performed thereunder or of any of the Contract documents which may be made between COCHIN SHIPYARD LTD, COCHIN and the contractor, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. The guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until COCHIN SHIPYARD LTD, COCHIN receives full repayment of the same amount from the Contractor. Page 13/17
26 Notwithstanding anything contained herein: 1. Our liability under this Bank Guarantee shall not exceed Rs (Rupees only). 2. This Bank Guarantee shall be valid up to (date) and 3. We are liable to pay the guaranteed amount or any part thereof under this bank guarantee only and only if you serve upon us a written claim or demand on or before (date). Yours truly, Signature & Seal Name of Bank/Financial Institution Address: Date: 1 An amount shall be inserted by the bank or financial institution representing the amount of the Advance payment, and denominated in Indian Rupees. Page 14/17
27 PERFOMANCE BANK GUARANTEE TO COCHIN SHIPYARD LTD (GOVT. OF INDIA ENTERPRISE,) PO BAG No. 1653, PERUMANOOR PO, COCHIN ENCLOSURE III WHEREAS (Name & Address of Supplier) (hereinafter called "the Supplier") has undertaken, in pursuance of Contract No. Dated: to execute (Name of Contract and brief description of works) (hereinafter called "the Contract"). AND WHEREAS it has been stipulated by COCHIN SHIPYARD LTD (The Buyer - hereinafter called "CSL") in the said contract that the Supplier shall furnish CSL with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with the Supplier s obligations in accordance with the Contract. AND WHEREAS we have agreed to give the Supplier such a Bank Guarantee. NOW THEREFORE we (Name of the Bank) having its Head Office at (Address of Head Office) and acting through its branch office at (Address of the executing branch) (hereinafter called "the Bank") hereby affirm that we are the Guarantor and responsible to CSL, on behalf of the Supplier up to a total of (amount of Guarantee) (in words), such sum being payable in the types and proportions of currencies in which the Contract Price is payable and we undertake to pay CSL upon your first written demand and without cavil or argument, any sum or sums within the limits of (amount [1] of guarantee) as aforesaid without CSL needing to prove or to show grounds or reasons for CSL's demand for the sum specified therein. We, the Bank, hereby waive the necessity of CSL demanding the said debt from the Supplier before presenting us with the demand. We, the Bank, further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed thereunder or of any of the Contract documents which may be made between CSL and the Supplier shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. Page 15/17
28 This guarantee shall be valid until 28 days from the date of expiry of the Defects Liability Warranty period. Notwithstanding anything contained herein: 1. Our liability under this Bank Guarantee shall not exceed Rs (Rupees only). 2. This Bank Guarantee shall be valid up to (date) and 3. We are liable to pay the guaranteed amount or any part thereof under this bank guarantee only and only if CSL serve upon us a written claim or demand on or before (date). Any claim shall be accompanied by a written statement stating: i) that the principal is in breach of its obligation(s) under the underlying contract, and ii) the respect in which the Principal is in breach. Yours truly, Signature and seal of the guarantor: Name of Bank: Address: Date: [1] An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the Contract and denominated in Dollars / Indian Rupees Page 16/17
29 ENCLOSURE IV CERTIFICATE OF COMPLIANCE TO STANDARD COMMERCIAL CONDITIONS (To be filled in by the tenderer and submitted as part of the offer) With reference to CSL Enquiry No and our Quotation No dated we hereby confirm/clarify the following: - The offer made by us is in full compliance with the Enclosures I to III of Standard commercial conditions of the tender, except for the deviations furnished Clause wise. The reasons for those deviations are attached with this certificate. Signature: Tenderer s Name & Address: Page 17/17
30 PRICE BID FORMAT Annexure -4 SL. NO 1 a b 2 DESCRIPTION Pipe Bending Machine for IAC P-71 along with following accessories as per PTS No: N R4, i) Standard accessories including bending former and Dies required for normal operation of the equipment, ii) Foundation bolts & nuts. iii) Special tools / hand tools if any required for installation & commissioning of the equipment. iv) Relevant technical manuals, drawings, installation and maintenance manuals etc as per clause No. 13 of PTS. Onboard Spares required for two years of operation for pipe bending machine as per clause 9 of the PTS No: N R4 (List of OBS to be attached separately with split up of price) Agency Commission if any (copy of certificate of enlistment in the director general of supplies and disposals to be attached) QTY 1 No 1 Set HSN Code/ SAC Code RATE AMOUNT 3 Packing & Forwarding charges, if any TOTAL F.O.B PRICE 4 Freight Charges (if any) Percentage of Goods and Service Tax (for % indigenous material supply) 5 NB: Sl. No of price bid format for which GST applicable is to be indicated Sl. No: Transit Insurance (please specify by supplier or by CSL) TOTAL C I F / LANDED PRICE AT COCHIN 7 Unloading Charges at CSL stores BY CSL 8 Installation, Trials, Testing & Commissioning for 5 man-days as per clause 11 of PTS No: N R4 (including travel, boarding and lodging charges) LS Page 1 of 2
31 SL. NO DESCRIPTION Training Charges as per clause 10 of PTS No: QTY HSN Code/ SAC Code RATE AMOUNT N R4, if any (including travel, boarding and lodging charges) 9 a) 10 working days training for operators for five LS persons b) 10 working days training for maintenance of the equipment for five persons 10 Initial Preservation Charges as per clause 15 of PTS (if any) LS Percentage of Goods and Service Tax for indigenous 11 Services (i.e. for installation, Trials, Testing & Commissioning charges, Training charges, Initial Preservation Charges) % NB: Sl. No of price bid format for which GST applicable is to be indicated Sl. No: Any other charges, if applicable 13 Delivery period required from the date of purchase order TOTAL LANDED COST Signature : Name & Address of the firm : Note: 1. Unpriced Bid as per annexure 2 to be submitted along with techno commercial bid with details like percentage of taxes & duties applicable and details like quoted/nil/included/by CSL to be mentioned for each line item. 2. Also specify the delivery period required as mentioned above. Page 2 of 2
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