भाग दोन-पुरवणी, विकली गॅझेट, गुरुवार ते बुधवार जून १-७, २०२३

click here for IIIF manifest

RNI No. MAHBIL /2009/31731

M-14 Pt II Suppl.

महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ठ ११-१७, शके १९४५ १

RNI No. MAHBIL/2009/31731

महाराष्ट्र शासन राजपत्र

महाराष्ट्र शासन राजपत्र

भाग दोन-पुरवणी

भाग दोन—पुरवणी

वर्ष ९, अंक १०] गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ठ ११-१७, शके १९४५ [ पृष्ठे ५, किंमत : रुपये ३५.००

वर्ष ९, अंक ११] गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ [पृष्ट्ठठे ६९, ककंमत : रुप्ये ३५.००

प्राधिकृत प्रकाशन

प्ाकधकृत प्काशन

BY THE DIRECTORATE OF INDUSTRIES (C.S.P.O.), NEW ADMINISTRATIVE BUILDING, MUMBAI 400 032, GOVERNMENT OF MAHARASHTRA

CENTRAL STORES PURCHASE ORGANISATION

1.  Sealed tender will be received on the form prescribed by the Development Commissioner (Inds.) and Central Purchasing Officer in his office at New Administrative Building, Opp. Mantralaya, Mumbai 400 032, and/or concerned Department upto the dates and time mentioned for the supply of stores as per Schedules attached.

2.  Prescribed Tender Form will be available from concerned office on non-refundable payment basis on any working day between 11-30 a.m. and 3-00 p.m.

2-A.  Tenderers should quote rates for F.O.R. destination and submit the quotation in Printed Tender Form. They should state the earliest delivery period necessary for completion of the order. 3.  The origin of stores offered whether Indian or Foreign and in the case of the former State in which it is manufactured, should be clearly stated against each article.

4.  Tenderers should submit tenders in two envelopes as below :—

(A) The first envelope should contain technical information of the unit such as—

(a) Demand Draft in respect of EMD, (b) Copies of PMT SSI / CSPO / NSIC / DGS and D Registration,

(c) List of installed machinery, (d) VAT/CST Registration, (e) Sales Tax/value added tax clearance certificate form the competent authority upto 31st December of previous year,

(f) Details regarding participation of such Tender Enquiry in the past, if any,

(g) If the tenderer is a trader he should furnish current & Valid authorisation letter from the manufacturer, (h) This envelope should be marked as " Technical Tender Envelope ". (B) The second envelope should contain only price Tender Form, quotations and conditions. This envelope should be marked as " Commercial Tender Envelope ". Both the above envelopes should be put and sealed in a single envelope while submitting to the purchaser with Tender No. and date of opening of the tender.

Tenders should not submitted as per the above prescribed manner will be treated as invalid.

The right to ignore any tender which fails to comply with the above instructions is reserved. All outstation tenders should be sent within time limit by Registered Post. Delay in postal delivery will not be considered.

5.  Opening of Tender.—The tenderers are at liberty to be present or authorise their representative to be present at the opening of tender at the time and date specified in the Schedule alongwith authorisation letter.

6.  The Development Commissioner (Inds.) and C.P.O. or any other purchaser does not pledge himself to accept the lowest or any tender and reserves to himself right of accepting the whole or any part of the tender or portion of the quantity offered against any item and the tenderer shall supply the same at the rate quoted. The tenderer is at liberty to quote for the whole or any portion of the quantity of any item or state that the rate quoted shall apply if the entire quantity of any such item is taken from him.

7.  In the event of the order being placed against any of the tenderers and if the tender fails to supply any stores according to the terms and conditions of acceptance of tender or fails to replace any stores rejected by the Directorate or by any person on his behalf within such time as may be stipulate d. The Development Commissioner (Inds.) and Central Purchasing Officer or any other purchaser shall be entitled to purchase such stores from any other source and such price as the Development Commissioner (Inds.) and Central Purchasing Officer or any other purchaser shall in his sole discretion think fit.

If action as stipulated above is taken :—

(1) The offe r of the defaulting contracto r will not be considered,

(2) The defaulting contractor will be penalised to the extent of the difference in the rates or 10 per cent of the value of the earlier order, whichever is higher,

(3) If the defaulting contractor fails to pay the penalty he will be permanently deleted from the list of approved contractors of the C.S.P.O. and the registration deposit of the contractors will be forfeited to Government. 8.  In the case of non-delivery and / or delayed delivery against an orde r placed with the te nder er. The Deve lopment Commissioner (Inds.) and Central Purchasing Officer, reserves to himself the right to impose such penalty in his sole discretion as he thinks fit.

9.  (a) Tenders should be accompanied by Earnest Money deposit as indicated in Schedule attached (in Demand Draft). The Earnest Money deposit will be forfeited if the tenderer fails to complete the contract according to his tender, if accepted. Tender without Earnest Money deposit will not be considered.

(b) Successful Tenderer will be required to pay a sum fixed by the Development Commissioner (Inds.) and Centr al Purchasing Officer as security deposit and enter into an agreement for the performance of the contract.

(c) The Development Commissioner (Inds.) and Central Purchasing Officer, Mumbai, may exempt firms of standing from payment of Earnest Money deposit and / or security deposit in respect of tenders of contracts placed by this office. If the firms produce from the Director of Supplies and Disposals, Mumbai, a certificate to the effect that they are exempted from payment of security deposit or Earnest Money deposit in the case of contracts placed with them or tenders invited by Directorate General of Supplies and Disposals, Government of India. The Development Commissioner (Inds.) and Central Purchasing Officer, Mumbai, however, reserves to himself the right to ask for security deposit from them against any contracts placed with them by this office, if and when found necessary by him.

(d) Following categories are exempted from payment of E.M.D. :—

(i) Factory located in Maharashtra State quoting for the items registered with D.G.S. and D.,

(ii) Government and Semi-Government undertakings, (iii) S.S.I. Units pe rmanently re gistered with D.I., Maharashtra State and for the Items manufactured by them (Registration should be valid),

(iv) S.S.I. Units registered with N.S.I.C. located anywhere in the Country for the items manufactured by them, (v) Suppliers registered with C.S.P.O. (Maharashtra State) only for the item mentioned in certificate (Registration should be valid one) relevant copy of the certificate be attached to the quotation failing which quotation will not be considered.

The tenderers other than above categories should pay E.M.D. @ 3% or maximum Rs. 5,000 in the form of Demand Draft or Treasury Chalan in the name of Development Commissioner (Inds.) and Central Purchasing Officer, Mumbai ; failing which quotations will be rejected.

(N.B.—S.S.I. Units—Tenderers may refer the G. R. No. SPO. 1088/(2512)/IND-6, dated 2nd January 1992 for detailed information such as concessions, preferences, reservation given to S.S.I. Units.)

भाग दोन (पुरवणी)—१ भाग दोन-(पुरवणी)–१

(१) (१)M-14 Pt II Suppl. २ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ठ ११-१७, शके १९४५ २ (e) The successful tenderers should pay Security Deposit @ 3% of the Quantity Contract of purchase value, the amount mentioned in offer letters. However, In the following categories of tenders are exempted from the payment of the Security Deposit :—

(1) Supplier registered with D.G.S. and D. having factories in Maharashtra.

(2) Supplier registered with C.S.P.O. on the list of approved suppliers for the value of stores amounting to Rs. 25,000 only.

(3) The S.S.I. Units permanently registered with Director of Industries and the units registered or associated with Maharashtra State Khadi and Village Industries Board upto Rs. 50,000 of purchase value.

As per 3 above for purchase of stores more than Rs. 50,000, Security Deposit will be charged @ 3% of the total value or Rs. 50,000 maximum.

10.  Certified copy of valid Sales Tax/VAT clearance certificate the pr escr ibed for m should be enc lose d with the tende r. Quotations received without the above certificate are liable to be rejected.

11.  Samples.—Tender samples are not required unless specifically called for quotations without samples / testing charges, where samples are specifically called for are liable not be considered.

Samples should be affixed with a label showing—

(a) Name and address of the firm. (b) Tender No. (c) Opening date of tender.

12.  Tenderers convicted on an offence under the Bombay Prohibition Act, 1949, or the Bombay Opium Act, 1936, will be considered ineligible for being given contracts.

13.  Release of controlled materials.—Tenderers who do not stipulate conditions regarding release of controlled materials may be given preference.

14.  Extension of time.—(i) As soon as it is apparent that contract dates cannot be adhered to, an application shall be sent to the Development Commissioner (Inds.) and Centr al Purchasing Officer.

(ii) Without prejudice to the foregoing rights, if such failure to deliver in proper time as aforesaid shall have arisen from any cause, whic h the De velo pment Co mmissioner (Inds.) and Central Purchasing Officer may admit as a reasonable ground for an extension of the time (and his decision shall be final). He may allow such additional time as he considers to be justified by the circumstances of the case.

(iii) Provided always that any failure or delay on the part of sub-contrac tors tho ugh their employment may have be en sanctioned shall not be admitted as a reasonable ground for any extension of time or for exempting contractor from liability for any such loss or damage, as aforesaid and provided further that no extension shall be allowed unless application for it shall, in the o pinion of the Deve lopment Commissioner (Inds.) and Central Purchasing Officer (which shall be final), have been made and in his opinion is justified.

(iv) The Development Commissioner (Inds.) and Central Purchasing Officer, Mumbai reserves the rights to call for break- up of the quotation where necessary.

15.  Offers Small Scale Industries quoting their registration number with the Directorate of Industries, Maharashtra and National Small Scale Industries Corporation (Government of India) shall be only for items of approve d pr ogramme of manufacture of the contesting Small Scale Industries Unit. Likewise, the Offers of State Industrial Co-operative Association, Maharashtra State shall be on behalf of the member Industrial Co-operative Societies only and those of M.S.S.I.D.C. shall be on behalf of S.S.I. Units registered with the Directorate of Industries of Maharashtra State and restricted to products of their own manufacture. S.S.I. Units holding single page registration certificate will not be considered for E.M.D. exemption and other facilities/concessions etc. Note.—

(1) Tender Sample.—Analysis Reports on Tender Samples will not be furnished to Tenderers.

(2) Quotations offered by Tenderers.—Tenderers should, if not in a position to quote for entire quantity and for delivery as required, state specifically the quantity which they can deliver at the prices quoted and according to the required delivery silence on the point will entail responsibility for supply at quoted prices in full quantities as per required delivery.

(3) Packing.—Packing proposed to be employed should be clearly stated giving details of the charges for all alternative pack. (4) Failure to observed any of the conditions mentioned above will result in the quotations being summarily rejected.

(5) N.B.—Special consideration would be given in the case of Tendere rs quoting the r equireme nts of Mahar ashtra Government with Indian Standards Specifications and those with quality markings.

Goods should be despatched at carrier's risk failing which they should be properly covered by transit insuranc e with Government Insuranc e Fund, MHAD A Building, Mumbai 400 051. However, the supplier will be responsible until the entire stores contracted for arrive in good condition at Destination.

F.O.R. Destination rate. The rate of VAT / CST included in the above rate should be shown separately.

(4) Fall Clause.—It is a condition of the contract that the price at which the Contractor will supply the stores should not exceed the lowest price charged by the Contractor to any customer during the currency of the rate contract and that in the event of the prices going down below the rate contract prices the Contractor shall promptly furnish such information to the Development Commissioner (Inds.) and the concerned Purchasing Officer to enable him to amend the contract rates for subsequent supplies.

(5) Exact, earliest and clear delivery period should be quoted.

(6) It will be the responsibility of the Tenderer to inform this office within the validity period of the quotation in the event of the stores offered ex-stocks being sold elsewhere. Failure to comply with this instruction shall be construed to mean that the stores are available ex- stock during the validity period.

(7) Tenderers should indicate the rates in Metric System of Weights and Measures or in any equivalent Weights and Measures before showing conversion rates. (8) Tenderers may quote rates for equivalent makes, stores also and should indicate specifically the make of spare parts, i.e. genuine, imported equivalent make or indigenous. They are required to give guarantee for pre mature w are, exact fitne ss and satisfactory pe rfor manc e of the par ts offe red othe r than the genuine (original manufacture of the machinery). (9) Ex-stock offer or those on Tenderer's own import licence will only be preferred.

(10) Tenderers should state the place of inspection of the stores offered. If the goods are offered for inspection, outside Maharashtra State, the Tenderer will have to bear all expenditures of inspection carried out either by this office or through the Directorate General of Supplies and Disposals.

(11) The Tenderers should please note that Tender Form should be filled in serial order of item Nos. 1, 2, 3 etc., and the rates accordingly, typed in column No. 2 of the Printed Tender Fo rm, in original and also on the counterfoil the rate of each item and other details should be given as required under each column. If the specifications are different than those prescribed in the tender, they should be shown on a separate page but the rates for these items should be indicated on the printed form.

(12) The samples for the quoted items must be submitted alongwith quotations.

(13) Samples destroyed in tests will not be returned and no payment made therefore.

(14) The tenderers will have to supply the stores exactly as pe r Te nder Enquiry Spe cification and w ill be responsible to replace the defective supply at his risk and cost.

(15) The supplier should undertaken to extend the validity of the Bank Guarantee, if offered as security deposit in case, the supply of stores is delayed beyond the validity period of the Bank Guarantee.

(16) Conditional offers received other than the specified conditions mentioned in the tender enquiry are liable for rejection.

(17) Any correspo ndence r egarding reduction in price unless asked for after opening of tender enquiry will not be entertained at all and their tender will be liable for rejection.

(18) The tender should attach a copy of the power of attorney in respect of the persons who attends the C.S.P.O. for tender opening further follow-up work and also who is authorised to sign tenders, agreement and other relevent documents.

(19) If there are any specific Government Directives such as reservation of items for units in Maharashtra, non- eligibility of price preference to SSI units etc. for par ticulars ite m the same w ould be applicable irrespective of the fact that it has not been incorporated in the tender notice.

(20) The tendere r should invariably quote a list of documents enclosed with the tender and the list should be duly signed by the authorised person.

16.  General Instructions—

(1) Priced Tender Form should be returned duly filled, signed with seal, failing which quotation will not be considered.

(2) Tenderers should submit their quotations in original. (3) The tender should quote all inclusive (i.e. Basic Rate, State and Central levies, packing, freight charges etc.) (21) The firm from Mumbai, should submit the tender in P.T.F. and the firm outside Mumbai who are not in a position to purchase P.T.F. can enclose I.P.O./D.D. alongwith their tender in lieu of P.T.F. but they should mentioned in their tender that all tender enquiry conditions are acceptable to them or Tender Notice is also available on the website. A Copy of the Tender Form may also be do wnlo ade d fr om the w ebsite www .maharashtra.gov.in such dow nlo aded fo rm should be accompanies by an Indian Postal Order or Demand Draft of Rs. 2,000 in favour of Development Commissioner (Industries) & C.P.O., Mumbai, at the time of submission of the tender.

(22) The prices should be firm during the validity period of the contract. No price escalation on any account shall be taken into consideration.

Government of Maharashtra

File no. FISH/M/053101/1408/2023

Department of Fisheries,

Government of Maharashtra

Taraporewala Aquarium, Netaji Subhash Chandra Bose Road,

Charni Road, Mumbai, Maharashtra- 400 002

E-tender

FOR

Selection of Agency for 'Establishment of Artificial Reefs along the

coast of Maharashtra'

Under Department of Fisheries, Govt. of Maharashtra

Contact details for queries:

Mr. Mahesh Deore,

Joint Commissioner of Fisheries,

Maharashtra State, Mumbai

Mob: 8888881620

Date:- 30/05/2023

भाग दोन-(पुरवणी)–१अ४ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५

E-tender for the Selection of Agency for 'Establishment of Artificial Reefs

along the coast of Maharashtra' under Department of Fisheries,

Govt. of Maharashtra

Invitation for Proposal

Date: 30/05/2023

Commissioner of Fisheries, Government of Maharashtra is working under the Department of Animal Husbandry, Dairying and Fisheries, having its Office at Taraporevala Aquarium, Charni Road, Mumbai- 400 002, invites Bids to this E-tender from eligible Service Providers for 'Establishment of Artificial Reefs along the coast of Maharashtra'

Submission of a bid in response to this E-tender shall be deemed to have been done after careful study and examination of this document with a full understanding of its terms, conditions and implications. Interested bidders to download the E-tender document from the Mahatender Portal https://mahatenders.gov.in. Any subsequent corrigendum/ clarifications will be made available on the Mahatender Portal https://mahatenders.gov.in. Bids must be received no later than the time and date mentioned in the Fact Sheet. Bids that are received after the deadline WILL NOT be considered.

Sd/-

(Mahesh Deore), Joint Commissioner of Fisheries (Marine), Maharashtra State, Mumbai

क्रमांक मत्स्य/सा/०५३१०१/१४०८/२०२३, ददनांक २९ मे, २०२३.

A.) General Instructions:

The E-tender identifies the requirements of the Department of Fisheries, Government of Maharashtra in sufficient detail in order to identify a preferred vendor.

Bidders are requested to consider the following instructions when preparing their bids:

• Bidders must be commercially bound to their bid.

• Bidders must address all matters raised in this E-tender.

• Any statements made about the performance and specifications of the proposed solution will be considered to be true and will be incorporated into the final purchase contract.

• Any functionality or features not included in the cost estimate must be clearly identified in the response to the E-tender.

• Bidders must address all items specified in this E-tender. Failure to adhere to the specified format may disqualify a vendor from further consideration.

a) The bidders are required to submit soft copies of their bids electronically on the Mahatender Portal https://mahatenders.gov.in, using valid Digital Signature Certificates. Bids shall be received through the e-Tendering system before the time and date specified in the schedule of the tender notice. Department of Fisheries, Government of Maharashtra may, at its discretion, extend this deadline for submission of bids by issuing a corrigendum and uploading the same on the E-tendering portal.

b) Tender form, conditions of contract, specifications and contract drawings can be downloaded from https://mahatenders.gov.in after entering the details payment E- tender document fee of Rs. 20,000/- shall have to be paid through an online payment gateway available at the e-tendering portal. The E-tender document fee shall be non- refundable.

c) The two bids system shall be followed. Technical and Commercial (Financial) Bids shall be uploaded separately through the e-Tendering system. Financial bids may be uploaded after the completion of the E-tender protocol.

d) Affidavit on Rs. 500/- stamp paper in prescribed form regarding the genuineness of the documents submitted in Envelope No 1 given in qualification information sworn before Executive Magistrate / Notary, scan copy of original should be submitted online only. Bids will be opened as per the Tender Schedule, in the presence of such intending Tenderers or his / their authorized representatives who may be present at that time. (Affidavit on Stamp paper worth Rs. 100/- and Rs. 500/- for Declaration of the Contractor and Affidavit regarding the genuineness of the Documents submitted respectively.)4 महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ ७ GUARANTEE BOND FOR SECURITY DEPOSIT (ON STAMP PAPER WORTH RUPEES 100/-)

In consideration of the Governor of Maharashtra (hereinafter referred to as "the Government") having agreed to exempt (hereinafter referred to Rs. .(Rupees only.) being the amount of security deposit payable by the Contractor to the Government under the terms and conditions of the agreement dated the day of 2023 and made between the Government on the one part, and the Contractor of the other part (hereinafter referred to as "the said Agreement") for as security for due observance and performance by the Contractor of the terms and conditions of the said agreement, on the contractor furnishing to the Government a Guarantee in the prescribed form of a Schedule bank in India being in fact those presents in the like sum of Rs. .(Rs. only.) We BANK / LIMITED registered in India under Act and having one of our Local Head office at do hereby.

Affidavit (On Rs.500/- Stamp paper)

I . . . . . . . . . . . . . . . . . . age . . . . . . . .address. . . . . . . . . . . . . . (Authorized signatory to sign the contract), hereby submit, vide this affidavit in truth, that I am the owner of the contracting ./authorized signatory and I am submitting the document in envelop no.1 for the purpose scrutiny of the contract. I hereby agree to the condition mentioned below:-

1. I am liable for action under Indian Peal code for submission of any false / fraudulent paper/information submitted in envelope no.1

2. I am liable for action Under Indian Penal Code if during contract period and Defect liability Period, any false information, false bill of purchases supporting proof of purchase, proof of testing submitted by my staff, subletting company or by myself, I will be liable for action under Indian Panel code.

3. I am liable for action under Indian Penal Code if any paper are found false / fraudulent during contract period and even after found false / fraudulent during contract period and even after the completion of contract (finalization of final bill).

(Signature of contractor)

(Seal of company)

Section 1: Introduction

1.1 Document Structure:

This E-tender document gives the necessary background for technical information and guidelines for preparing the bids.

1.2 About the Department of Fisheries:

Commissioner of Fisheries, Government of Maharashtra is working under the Department of Animal Husbandry, Dairying and Fisheries. The Authority aims to work towards improving fish production & productivity, better socio-economic status of fishers, and ensuring the safety & security of fishers in the state. The Authority is inviting interested parties to express their interest in providing 'Establishment of Artificial Reefs along the coast of Maharashtra.'

1.2.1 Mandate/ Objective:

• The artificial reefs aim to provide a stable growing area for corals and a habitat for fishes and all the other organisms you would find on a natural reef.

• Artificial reefs designed and deployed should be made using long-lasting and non- toxic materials with high surface and structural diversity.

• Manufacture or procurement of Artificial reef modules. • Transportation and deployment of the Artificial reef modules at the provided latitude and longitude coordinates of 145 sites selected along the 07 coastal districts of Maharashtra coast.

1.2.2 Statement of Requirement:

• As part of its objectives, the newly established artificial reefs will provide a stable growing area for corals and a habitat for fish in the coastal area. A total of 29000 Artificial Reef units are required for 145 sites along Maharashtra Coast.

• A system should be available to assist the Department of Fisheries to fabricate/procure and deploy the artificial reef units.

Through this E-tender, the Department of Fisheries, Government of Maharashtra is selecting an agency/ service provider for the 'Establishment of Artificial Reefs along the coast of Maharashtra.' The objective is to select an agency who most fully meets the requirements identified in this E-tender. Department of Fisheries, Government of Maharashtra may elect to award a contract pursuant to the E-tender. You are invited to take part in this process and submit a bid that satisfies the requirements of the Department of Fisheries, Government of Maharashtra.

Agencies/ Service providers are invited to respond to this E-tender by describing how they can meet the requirements set out in this E-tender and by providing other information requested. Responses to this E-tender will be used to qualify the agency/ service provider for the final evaluation and price negotiation phases of the selection process.

Section 2: Scope of Work

1. To manufacture or procure the Artificial reef modules as per the design and size specified by the Dept. of Fisheries. To transport the AR modules to the specified locations i.e. 145 sites at the sea along the coast of Maharashtra State.

2. To conduct the deployment of the AR modules in a scientific manner at the aforementioned 145 sites.

3. Modules for artificial reefs are generally built on land. The materials chosen for the construction of artificial reefs will need to be of sufficient strength, both as individual units and as an overall structure to withstand the physical stresses of the marine environment.

4. Artificial reefs must also be constructed and installed in such a way as to ensure that the structures are not displaced or overturned by the force of towed gears, waves, currents, or erosion processes for their objectives to be fulfilled at all times.

5. The design of the artificial reef should strive to achieve its objectives with the minimum occupation of space and interference with the marine ecosystems.

6. A single Artificial reef set shall consist of 200 reef modules. Hence, the total number of AR modules to be deployed is 29000 units at 145 sites selected by this Department in Maharashtra covering 7 coastal districts.

7. The combination and number of each type of module shall be decided by the Dept. of Fisheries.

8. The Scope of work shall include (but not be limited to) the components mentioned below. For the following components and in case of any additional solutions that are suggested by the bidder, the bidder needs to recommend global best practices and upcoming trending technologies.

Section 3:- GENERAL CONDITIONS OF CONTRACT (GCC)

(For High Value Purchase)

Table of Clauses:- 1. Definitions

2. Application

3. Country of origin

4. Standards

5. Use of contract documents and information

6. Patent rights

7. Performance security

8. Inspection and tests

9. Packing

10. Delivery of goods

11. Transportation

12. Insurance

13. Distribution of dispatch documents

14. Incidental services

15. Spare parts

16. Warranty

17. Payment

18. Prices

19. Modification of contract

20. Assignment

21. Sub contracts

22. Delays in suppliers performance

23. Liquidated damages

24. Termination of default

25. Force Majeure

26. Termination for insolvency

27. Termination for convenience

28. Resolution of disputes

29. Governing language

30. Applicable law

31. Notices

32. Taxes and duties8 महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ ११

1. Definitions

In this contact the following terms shall be interpreted as indicated;

a. "IFB" means invitation for Bids b. "ITB" means instruction to Bidders. c. "GCC" MEANS General Conditions of Contract d. " RC" means Rate Contract. e. "Contract" means a legal agreement entered into between the purchaser and the supplier, as recorded in the agreement signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

f. "Contract Price" means the price payable to the supplier under a contract for the full and proper performance of its contractual obligations.

g. "Goods" means all the items, materials, equipment and/or machinery, which the supplier is required to supply to purchaser in terms of contract.

h. "Service" means the services ancillary to the supply of the goods, such as transportation and insurance and any other incidental services, such as installation, commissioning, provision of technical assistance, training and other such obligations of the supplier covered under a contract.

i. "Purchaser" means the buyer named in bidding document and in the corresponding contract, purchasing the goods ordered and includes its successors and /or assignees.

j. "Consignee" means the individual or body to whom the contracted goods are required to be delivered as per the terms and the conditions incorporated in a contract.

k. "Supplier" means the individual or firm supplying the goods under a contract and includes its successor and assignees.

l. "Day" means calendar day of the Gregorian calendar. m. "Month" means calendar month of the Gregorian calendar.

2. Application 2.1 These general conditions of the contract (as contained in this section) shall apply to the extent they are not superseded by provisions in the other parts of the contract:

3. Country of origin

3.1 All goods and services supplied under the contract shall have their origin in India or in the countries, with which the Government of India has trade relations.

3.2 For purposes of this clause, "origin" means the place where the goods are mined, grown, or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing, and substantial or major assembling of components, a commercially recognized new product results that are substantially different in basic characteristics or in purpose or utility from its components.

3.3 The origin of goods and services is distinct from the nationality of the supplier.

भाग दोन-(पुरवणी)–२अ१२ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ 4. Standards 1.1 The goods supplied under this contract shall conform to the standards mentioned in the 'Technical Specifications and when no applicable standard is mentioned, to the latest authoritative standards as applicable to the goods country of origin.

5. Use of contract documents and information 5.1 The supplier shall not, without the purchaser's prior written consent, disclose the contract or any provision thereof or any specification, plan, drawing, pattern, sample or information furnished by or the behalf of the purchaser in connection therewith, to any person other than a person employed by the supplier in the performance of the contract. Also, disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for the purpose of such performance.

5.2 The supplier shall not, without the purchaser's prior written consent, make use of any document or information enumerated in GCC sub-clause 5.1 except for the purpose of performing the contract.

5.3 Every document other than the contact itself, mentioned in GCC sub-clause 5.1, shall remain the property of the purchaser and shall be returned (in all copies) to the purchaser on completion of the supplier's performance under the contract, if so required by the purchaser.

6. Patent rights 6.1 The supplier shall at all times indemnify the purchaser, free of cost, against all third- party claims of infringement of patent, trade mark of industrial design rights arising from use of the goods or any part thereof in India.

7. Performance security

7.1 Within 21 (twenty one) days after the issue of notification of award by the purchaser, the supplier, shall furnish performance security to the purchaser for an amount of 10% (ten percent) of the contract value, valid up to 60 (sixty) days after the date of completion of all contractual obligation by the supplier, including the warranty obligation. In the event of any correction of defects or a replacement of defective material during the warranty period, the warranty for the corrected/ replaced material shall be extended to a further period of twelve months from the date of the correction/replacement and the Performance Security for the proportionate value (which will be determined by the purchaser in consultation with the supplier) shall be extended by 60 (sixty) days over and above the extended warranty period.

7.2 In the event of any contract amendment, the supplier shall, within 21 (twenty one) days of issue of such amendment, furnish the necessary amendment to the Performance Security, rendering the same valid in all respects in terms of the contract,as amended. 10 महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ १३ 7.3 The proceeds of the performance Security shall be payable to the purchaser as compensation for any loss resulting from the supplier's failure to complete its obligations under the contract.

7.4 The performance security shall be denominated in Indian Rupees and shall be in one of the following forms:

a) Cash in Indian currency

b) Demand Draft on any scheduled commercial bank in India, to be drawn in favour of the purchaser as indicated in the Schedule of Requirements.

c) Bank Guarantee issued by a schedule commercial bank in India, in the prescribed from provided in section 6 of this bidding document.

7.5 Subject to GCC sub- clause 7.4 above, the performance security will be discharged by the purchaser and returned to the supplier on completion of the supplier's contractual obligations including the warranty obligations under the contract.

8. Inspection and tests

8.1 The purchaser and/or its nominated representative(s) shall have the right to inspect and/or to test the goods to confirm their conformity to the contract specification and other technical details incorporated in the contract at no extra cost to the purchaser.

The schedule of Requirements and the Technical Specification, incorporated in the bidding document, shall specify what inspection and tests, the purchaser requires and where and how they are to be conducted. The purchaser shall notify, in advance, the supplier in writing, of the identity of any representatives for this purpose.

8.2 The inspections and tests may be conducted on the premises of the supplier or its subcontractor(s), at the point of delivery and/or at the goods final destination. If conducted on the premises of the supplier or its subcontractors(s), all reasonable facilities and assistance, including access to relevant drawings, design details and production data, shall be furnished by the supplier to the inspectors at no charge to the purchaser.

8.3 Should any inspected or tested goods fail to conform to the required specifications and standards, the purchaser may reject them and the supplier shall either replace the rejected goods or make all alternations necessary to meet the specifications and standards, as required free of coast to the purchaser and resubmit the same to the purchaser for conducting the inspections and tests again.

8.4 Where the contract stipulates pre-despatch inspection by the purchaser's nominated inspecting agency, the supplier shall put up the goods for inspection to the inspecting agency well ahead of time so that the inspecting agency is able to complete the inspection within the stipulated delivery period. If the goods are tendered for inspection at the last moment without providing reasonable time to the inspection agency for completing the inspection, the inspecting agency may carry out the11 १४ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ inspection and complete the formality beyond the contractual delivery period at the risk and expenses of the supplier. The fact that the items have been inspected after the contractual delivery period will not have the effect of keeping the contract alive and this will be without any prejudice to the legal rights and remedies available to the purchaser under the terms and conditions of the contract.

8.5 The purchaser's right to inspect, test and, where necessary, reject the goods after the goods arrival at the final destination shall in no way be limited or waived by reason of the goods having previously been inspected, tested and passed by purchaser or its representatives prior to the despatch of the goods from the country of origin or from the supplier's Security deposit for premises.

8.6 Nothing in GCC clause 8 shall, in any way release the supplier from any warranty or other obligations under the contract.

9. Packing 9.1 The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during their transit to their final destination as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling the exposure to extreme temperature, humid weather and precipitation during transit and open storage. The sizes and weights, volumes and sizes of the packages shall also be taken care of by the supplier.

9.2 The packing marking and documentation within and outside the package shall comply strictly with such special requirements, if any, specified in the Scheduled of Requirements and any subsequent instructions given by the purchaser.

9.3 Packing Instructions:

The supplier will be required to make a separate package for each consignee named in the contract. Each package will be marked by the supplier at his own expense, on three sides with indelible ink/paint, with the following details:

a) Contact no. and date

b) Name and address of the consignee

c) Name and address of the supplier

d) Brief description of goods

e) Gross weight and other dimensions of the package

f) Country of origin of goods

g) Packing list reference no. and

h) Any other requirement, relevant to the Contract.

10. Delivery of goods

10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified by the purchaser in the notification of award and in the contract.

to describe the obligations of the parties shall have the meanings assigned to them in the current edition of "Incoterms" which are international commercial shipping terms, published by International Chamber of Commerce, Paris, France.

11. Transportation

11.1 Where the supplier is required under the contract to deliver the goods F.O.B., transportation of the goods, up to and including the point of putting the goods on board the vessel at the specified port of loading, shall be arranged and paid for by the supplier and the cost thereof shall be included in the contract price.

11.2 Were the supplier is required under the contract to deliver the goods C.I.F or C.I.P., transportation of the goods to the port of destination or such other specified place of destination in India, as shall be included in the contract price.

11.3 Where the supplier is required under the contract to deliver the goods CIF or CIP within India, the supplier shall arrange the shipment by Indian flag vessels or vessels belonging Conference Lines in which India is a member. Where the supplier is required under the contract to deliver the foods F.O.B and also to arrange on behalf and at the expenses of the purchaser for ocean transportation on Indian flag vessels or Conference Line vessels are not available to transport the goods within the time frame specified in the contract. However, before arranging such alternative transportation, the supplier shall obtain prior concurrence of the purchaser for the same.

11.4 The supplier shall not arrange part-shipments and/or transhipment without the prior written consent of the purchase.

11.5 In case of the supplier violates any of the aforementioned instructions, the supplier shall be liable for all consequences (including financial loss) that the purchaser may face due to violations.

12. Insurance

12.1 The goods supplied under the contract, shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery as indicated below in this clause (viz. GCC clause 12).

12.2 Where delivery of the goods is required by the purchaser on C.I.F or C.I.P, basis, the supplier shall arrange and pay for the cargo insurance, naming the purchaser as the beneficiary. Where delivery is on F.O.B basis, the insurance shall be the responsibility of the purchaser.

12.3 In the case of a contract on C.I.F or C.I.P. basis, the insurance shall be for an amount equal to 110% (One hundred and ten per cent) of the CIF of CIP value of the13 १६ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ goods from "warehouse" (final destination) on "all the risks" basis including war risks and strikes.

13. Distribution of dispatch documents

13.1 The shipping and other documents as well as dispatch details to be furnished by the supplier to the purchaser and/or to the purchaser's nominated authorities to enable the purchaser and/or its nominated authorities to clear and/or accept the goods will depend on the mode of dispatch of the goods and the terms of delivery, as specified in the Schedule of Requirements and in the contract and, subject to the same, the instructions in this regard will be as indicated below:-

a) For goods supplied from abroad:

Within 24 hours of shipment, the supplier shall notify the purchaser and its nominated authorities (as specified in the contract) and the insurance company by cable or telex or fax, the full details of the shipment including contract number, description of goods, quantity, the vessel, the bill of lading number and date/airway bill number and date, port of entry etc, further, the supplier shall also immediately dispatch by registered air-mail the specified number of copies of the following documents to the above authorities.

i. Supplier's invoice showing contract number, description of goods,

quantity, unit price and total amount;

ii. Original and copies of the negotiable, clean, on-board bill of lading

marked freight to pay and copies of non-negotiable bill of lading;

iii. Copies of packing list identifying the contents of each package;

iv. Insurance certificate;

v. Manufacturer's/ suppliers warranty certificate;

vi. Pre-dispatch inspection certificate issued by the purchaser's nominated

inspection agency (if so specified) and the supplier's factory inspection

report; and

vii. Certificate of origin

The above documents shall be received by the purchaser and other authorities mentioned above at least one week before the arrival of goods at the port or place of arrival and, if not received, the supplier will be responsible for any consequent expenses.

b) For goods supplied from within India:

Within 24 hours of the dispatch of the goods, the supplier shall notify the complete dispatch details to the purchaser and/or the purchaser's nominated authorities (as specified in the contract) and the insurance company. The supplier shall also mail the specified number of copies of the following documents to them:

i. The supplier's invoice showing the contract number, description of goods, quantity, unit price and the total amount;

ii. Railway receipt of Delivery note;

iii. Packing list identifying contents of each package;

iv. Insurance Certificate

v. Manufacture's/ Supplier's warranty certificate

vi. Pre-despatch inspection certificate issued by the purchaser's nominated inspection agency (is so specified) and the supplier's factory inspection report; and

vii. Certificate of origin

The purchaser shall receive the documents at least one week before the arrival of the goods (except where it is handed over to the consignee with all the documents) and if not received, the supplier will be responsible for any consequent expenses.

The documents to be provided by the supplier for claiming payment are specified in GCC clause 17 ("Payment")

14. Incidental service 14.1 The purchaser may include in the contract any or all of the following services and/or some additional service, if specified in the Schedule or Requirements and the supplier is required to provide the same:

a) Performance or supervision of on-site assembly and/or start-up of the supplied goods.

b) Furnishing of tools required for assembly and/or maintenance of the supplied goods.

c) Furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods.

d) Performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed to by the parties, provided that this service shall not relieve the supplier of any warranty obligations under the contract, and

e) Training, the purchaser's personnel, at the supplier's plant and/or on-site, in assembly start-up, operation, maintenance and/ or repair of the supplied goods.

14.2 Prices charged by the supplier for the above-mentioned incidental services, if not included in the quoted price for the goods, shall be quoted separately in the bid itself and shall not exceed the prevailing rates, charged to other parties by the supplier for similar services.

15. Spare parts

15.1 As specified in the Schedule of Requirements, the supplier may be required to provide any or all of the following materials, notifications and information pertaining to spare parts manufactured and/or distributed by the supplier.

a) Such spare parts as the purchaser may elect to purchase from the supplier, provided that this will not relieve the supplier of any warranty obligations under the contract;

and

b) In the event of termination of production of the spare parts;

i. Advance notice to the purchaser of the pending termination in sufficient timeto permit the purchaser to procure needed requirement; and 15 भाग दोन-(पुरवणी)–२ १८ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ ii. Immediately following such termination, furnishing at no cost to the purchaser, the blueprints, drawing and specifications of the spare parts, if requested.

15.2 Supplier shall carry sufficient inventories to assure ex-stock supply of consumable spares for the goods. Other spare parts and components shall be supplied as promptly as possible but in any case within three months of placement of order and opening the letter of credit.

16. Warranty

16.1 The supplier warrants that the goods supplied under the contract is new, unused, of the most recent of current models and incorporated all recent improvement in design and materials unless provided otherwise in the contract. The supplier further warrants that the good supplied under the contract shall have no defect arising from design, materials (except when the design adopted and/or the material used are as per the purchaser's specifications) or workmanship or from any act or omission of the supplier, that may develop under normal use of the supplied goods under the conditions prevailing in India.

16.2 This warranty shall remain valid for 36 (thirty six) months after the goods or any portion thereof as the case may be, have been delivered to the final destination and installed and commissioned at the final destination and accepted by the purchaser in terms of the contract or for 18 (eighteen) months from the date of despatch from the supplier's works for domestic goods or for 21 (twenty one) months after the date of shipment from the port or place of loading in the source country for imported goods, whichever is earlier, unless specified otherwise in the Schedule of Requirements.

16.3 The purchaser shall promptly notify the supplier in writing of any claim arising under this warranty.

16.4 Upon receipt of such notice, the supplier shall with all reasonable speed (or within the period, if specified in the Schedule of Requirements and the contract), repair or replace the defective goods or parts thereof, free of cost, at the ultimate destination. The supplier shall take over the replaced parts/goods at the time of their replacement. No claim whatsoever shall lie on the purchaser for the replaced parts/goods thereafter.

16.5 Upon receipt of such notice, the supplier shall with all reasonable speed (or within the period, if specified in the Schedule of Requirements and the contract), repair or replace the defective goods or parts thereof, free of cost, at the ultimate destination. The supplier shall take over the replaced parts/goods thereafter.

16.6 In the event of any correction of a defect or replacement of any defective material during the warranty period, the warranty for the corrected/replaced material shall16 महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ १९ be extended to a further period of 12 (twelve) months from the date such corrected/replaced material starts functioning to the satisfaction of the purchaser.

16.7 If the supplier, having been notified, fails to remedy the defect(s) within a reasonable period (or within the period, if specified in the Schedule of Requirements and the contract), the purchaser may proceed to take such remedial action as may be necessary, at the supplier's risk and expense and without prejudice to any other rights, which the purchaser may have against the supplier, under the contract.

17. Payment

17.1 The payment shall be made in the currency/currencies specified in the contract.

The supplier shall send its claim (with relevant documents, as required) to the appropriate paying authority as specified in the Schedule of Requirements and the contract. Before claiming and payment, the supplier shall ensure that all the contractual obligations for claiming that have been duly fulfilled.

17.2 The payment shall be made in the following manner and on production of the following documents:

A) Payment for goods supplied from abroad:

i) On shipment: 90% of the contract price shall be paid through an irrevocable letter of credit established in favour of the foreign supplier in a scheduled commercial bank in India or a bank in the supplier's country acceptable to the purchaser, upon submission of the following documents:

a) Certified copy of the fax sent by supplier to the purchaser and others as per GCC sub- clause 10.3(a)

b) Supplier's signed commercial invoice showing contract number, description of the supplied goods, corresponding quantity, unit price and the total value and name(s) of the consignee(s) for the supplier goods

c) Original clean on board bill of lading marked fright pre-paid consigned to the interim/port consignee evidencing description of the goods, quantities, relevant details about the contract number etc,

d) Packing list, identifying contents of each package.

e) Insurance policy or certificate in duplicate endorsed in blank with claims payable in India in the currency of the letter of Credit

f) Manufacture's/supplier's warranty certificate and supplier's factory inspection report

g) Pre-despatch inspection certificate issued by the purchaser's nominated inspection agency, if so specified

h) Certificate origin i) Supplier's certificate conforming that the required documents have been sent to allconcerned. 17 भाग दोन-(पुरवणी)–३अ २० महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ j) Supplier's certificate confirming that the amount shown in the invoice are correct in terms of the contract and that all the terms and conditions of the contract have been complied with for claiming this payment.

k) Any other document(s) and/or modification of above documents specified in the Schedule or Requirements and the contract

ii) on final acceptance:-

10% of the contract price of goods received shall paid within 30 (thirty) days of receipt of goods on submission of the claim supported by the acceptance certificate issued by the purchaser or the purchaser's nominated representative in the Proforma given in the biding documents.

B) Payment for goods supplied from India:

Payment shall be made in Indian rupees by the purchaser's paying authority, as specified in the contract (and not through Letter of Credit), in the following manner.

i) On delivery:

90% of the contract prices shall be paid on receipt of the goods by the consignee and upon submission of following documents to the paying authority:-a) The supplier's invoice showing contract number, description of goods, quantity, unit price and the total amount;

b) Railway receipt of Delivery Note

c) Packing list identifying contents of each package;

d) Insurance certificate;

e) Manufacture's/Supplier's warranty certificate

f) Pre-dispatch certificate issued by the purchaser's nominated inspection agency, if so specified and the supplier's factory inspection report.

g) Certificate origin

h) Provisional receipt certificate for the corresponding delivery issued by the consignee; and

h) Any other document(s) and/or modification of above documents specified in the Schedule of Requirements and the contract.

ii) on final acceptance:- The remaining 10% of the contract price shall be paid to the supplier within 30 (thirty) days of receipt of its claim, duly supported by the final acceptance certificate for the corresponding delivery issued by the purchaser's representative in the Proforma given in section of the bidding documents.

C) Payment for incidental services and supervision The incidental services and supervision, if required separately, will be specified in the Schedule of Requirements and in the contract. The payment terms applicable for such services and supervision will also be specified therein.

17.3 Operation of the Letter of Credit: i. The payments effected through letter of credit, shall be subject to the latest Uniform Customs and Practice for Documentary Credit, of the International Chamber of Commerce;

ii. If requested specifically by the supplier, the letter of credit will be confirmed but the cost for the same shall be charged to the supplier's account.

iii. If the letter of credit is required to be extended/reinstated for reasons not attributable to the purchaser the charges thereof shall be to the supplier's account.

18. Prices 18.1 Prices charged by the supplier for the goods supplied and the services performed under the contract shall not vary from the prices quoted by the supplier in its bid with the exception of any price adjustment authorized in the Schedule of Requirements.

19. Modification of contract

Amendment of E-tender Document-

a. No correspondence will be entertained outside the process of negotiation/ discussion with the Committee. The department may ask for meetings with the bidders to seek clarifications on their proposals. The bidder shall submit requisite supporting documents/ certificates on the credentials. The department may visit the bidder's/ client's site to validate the credentials/ citations claimed by the bidder.

b. Department of Fisheries, GoM reserves the right to reject any or all of the applications submitted in response to this E-tender document at any stage without assigning any reasons whatsoever. Department of Fisheries, GoM also reserves the right to withhold or withdraw the process at any stage without assigning any reason whatsoever. Each of the responses shall be evaluated as per the criteria and requirements specified in this E-tender. The department would submit its decision to the competent authority whose decision would be final and binding upon the bidders.

c. At any time before the deadline for submission of bids, the inviting party may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, may publish corrigendum supplementing the same. Department of Fisheries, GoM reserves the right to change/ modify/ amend any or all of the provisions of this E-tender document. Such changes would be posted on the website (https://mahatenders.gov.in). Prospective bidders are advised to periodically browse this website to find out any further corrigendum/ addendum/ notice published with respect to this E-tender. In the event of any amendment, Department reserves the right cancel/reinvite tender, in order to allow prospective Bidder.

19.1 The purchaser may at any time, by a written order given to the supplier pursuant to GCC clause 31, make changes and modifications within the general scope of contract in any one or more of the following:

a) Drawing, designs or specifications, where goods to be supplied under the contract are to be specifically manufactured for the purchaser

b) The mode of packing

c) The mode of dispatch

d) The place of delivery

e) The services to be provided by the supplier, and/or

f) Any other area(s) of the contract, depending on the merits of the case.

19.2 If any such change causes an increase or decrease in the cost of or in the time required for the supplier's performance of any provision under the contract an equitable adjustment shall be made in the contract price or contract delivery schedule or both and contract shall be amended accordingly. Any claim by the supplier for adjustment under this clause must be asserted within 21 (twenty-one) days from the date of the supplier's receipt of the purchase's amendment/modification of the contract.

19.3 Subject to GCC sub-clauses 19.1 and 19.2 no variation in or modification of the terms of the contract shall be made except by written amendment signed by both the parties.

20. Assignment 20.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract except with the purchaser's prior written consent.

21. Sub Contracts 21.1 the supplier shall notify the purchaser in writing of all sub-contracts awarded under the contracts, if not already specified in its bid. Such a notifications, in its original bid or later, shall not relieve the supplier from any liability or obligation, whatsoever, under the contract.

21.2 Subcontract shall be only bought-out items and sub-assemblies.

21.3 Subcontracts must comply with the provisions of GCC clause 3.

22. Delay in the supplier's performance 22.1 Delivery of the goods and performance of the services shall be made by the supplier in accordance with the time schedule specified by the purchaser in the "Schedule of Requirements"

22.2 Except as provided under GCC clause 25, any unexcused delay by the supplier in maintaining its contractual delivery obligations shall render the supplier liable to any or all of the following sanctions:

Impositions of liquidated damages Forfeiture of

its performance security and/or Termination of

the contract for default.

subcontract(s) should encounter conditions hindering timely delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely duration and it cause(s). After the receipt of the suppliers notice, the purchase, as soon as practicable, shall evaluate the situation and may at its discretion extend the suppliers time for performance, in which case the extension of the delivery period shall be ratified by issuing an amendment to the contract.

22.4 The supplier shall not dispatch the goods after expiry of the delivery period and obtain the same before despatch. In case the supplier despatches the goods without obtaining an extension, it would be doing so at its own risk and no claim for payment for such supply and/or any other expense related to such supply shall lie against the purchaser.

23. Liquidated damages 23.1 Subject to GCC clause, 25, if the supplier fails to deliver any or all of the goods or perform the services within the time period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract , price, as liquidated damages, a sum equivalent to 0.5% (half percent) of the delivered price of the delayed goods or unperformed services for each week of delay or part thereof until actual delivery or performance, up to a maximum deduction of 10% (ten percent) of the delayed goods or services contract price. Once the maximum is reached, the purchaser may consider termination of the contract, if the same have not been terminated already.

Further during the above mentioned delayed period of supply and/or performance the supplier, notwithstanding any stipulation in the contract for increase in price for any ground, shall not be entitled to any increase in price and coast, whatsoever, which take place during the period of delay. But nevertheless, the purchaser shall be entitled to the benefit any decrease in price and cost on any ground during that period of delay.

24 Termination for default 24.1 The purchaser, without prejudice to any other remedy for breach of contract, may by written notice of default send to the supplier terminate the contract in whole or in part, if the supplier fails to deliver any other contractual obligation (s) within the time period specified in the contract, or within any extension thereof granted by the purchaser pursuant to GCC clause 22.

24.2 In the event the purchaser terminates the contract in whole or in part pursuant to GCC sub-clause 24.1, the purchaser may procure, upon such terms and conditions and in such manner as it deems appropriate, goods and/or service similar to those undelivered and the supplier shall be liable to the purchaser for any excess cost for such similar goods and and/or services. However, the suppler shall continue toperform the contract to the extent not terminated. 21 २४ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ 25. Force Majeure 25.1 Notwithstanding the provisions of GCC clause 22, 23, and 24, the supplier shall not be liable for forfeiture of its performance security, liquidated damages or termination for default, if and to the extent that is delay in performance or other failure to perform its obligations under the contracts is the result of an event of Force majeure.

25.2 For purposes of this clause, "Force Majeure" means an event beyond the control of the supplier and not involving the suppliers fault or negligence and not foreseeable .

Such events may include, but are not restricted to acts of the purchaser in its sovereign capacity wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

25.3 If a Force Majeure situation arises, the supplier shall promptly notify the purchaser in writing of such conditions and the cause thereof. Unless otherwise directed by the purchaser in writing , the supplier shall continue to perform its obligations under the contract as far as reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

26. Termination for insolvency 26.1 If the supplier becomes bankrupt or otherwise insolvent, the purchaser may terminated the contract by giving written notice to the supplier, without any compensation to the supplier, provided, that such termination will not prejudice or affect any right of action or remedy which has accrued and/or will accrued thereafter to the purchaser.

27. Termination convenience 27.1 The purchaser by written notice sent to the supplier may terminate the contract, in whole or in part at any time for its convenience. The notice of termination shall specify that the termination is for the purchaser's convenience the extent to which performance of the supplier under the contract is terminated and the date with effect from which such termination becomes effective.

27.2 The goods that are complete and ready for shipment within 30(thirty) days after the suppliers receipt notice of termination shall be accepted by the purchaser at the contract terms and prices. For the remaining goods, the purchaser may elect:

a) to have portion completed and delivered at the contract terms and prices; and/or b) to cancel the remainder and pay to the supplier an agreed amount for partially completed goods and services and for materials and parts procured by the supplier for fulfilling the contractual obligations.

28. Resolution of disputes 28.1 If any dispute or different of any kind shall arises between the purchaser and the supplier in connection with or arising out of the parties shall make every effort to22 महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ २५ resolve the same amicably by mutual consultations.

28.2 If after thirty (30) days, the parties, have failed to resolved their dispute or different by such mutual consultations, then either the purchaser or the supplier may give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is given.

28.3 Any dispute or difference, in respect of which a notice of intention to commence arbitration has been given in accordance with GCC sub-clause 28.2, shall be finally settled by arbitration. Arbitration may be commenced prior to or after delivery of the goods under the contract.

28.4 The dispute resolution mechanism to be applied pursuant to GCC sob-clause 28.2 shall be as follows:-

a) In the case of a dispute or different arising between the purchaser and the supplier relating to any matter arising out of or connected with the contract, such dispute or difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of three arbitrators, one each to be appointed by the purchaser and the supplier. The third arbitrator shall be chosen by the two arbitrators so appointed by the parties and shall act as presiding arbitrator. In case of failure two arbitrators appointed by the parties to reach upon a consensus within a period of thirty days from the appointment of the arbitrator shall be appointed by the Indian Council of Arbitration or President of the institution of Engineers (India).

b) The decision of majority of arbitration shall be final and binding upon both the parties.

c) The cost and expenses of the arbitration proceeding will be paid as determined by the arbitral tribunal. However, the expenses incurred by each party in connection with the preparation, presentation etc. of its proceeding as also fees and expenses paid to the arbitrator appointed by such party or on its behalf shall be borne by each party itself.

29. Governing language 29.1 The contract shall be written in English language. All correspondence and other documents pertaining to the contract, which the parties exchange, shall also be written in English.

30. Applicable law 30.1 The contract shall be interpreted in accordance with the laws of India.

31. Notices 31.1 Any notice given by one party to the other pursuant to the contract shall be sent inwriting or by cable telex or facsimile and confirmed in writing to the address 23 भाग दोन-(पुरवणी)–४ २६ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ specified in the "Schedule of Requirements"

31.2 A notice shall be effective when delivered or on the notices effective date whichever is later.

32. Taxes and duties 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees and other such levies imposed outside India.

32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc. incurred until delivery of the contracted goods to the purchaser.

32.3 Further instruction if any shall be as provided in the "Schedule of Requirements".

Sd/-

(Mahesh Deore), Joint Commissioner of Fisheries (Marine), Maharashtra State, Mumbai

क्रमांक मत्स्य/सा/०५३१०१/१४०८/२०२३, ददनांक २९ मे, २०२३.

Section 4:- Schedule of Requirement

Part-1 of the Schedule of Requirements

Schedule-1

Fabrication of artificial reefs at seven coastal districts of

Maharashtra State.

Name of

work:-

145 sites off seven coastal districts off Maharashtra coast as and when selected by Department of Fisheries, Govt. of Maharashtra.

Deployment

site:-

Three types of artificial reef modules viz., Grouper Module, Reef Fish Module and Well Ring M odule are to be fabricated.

Concrete

Artificial Reef

Modules:-

Sd/-

क्रमांक मत्स्य/सा/०५३१०१/१४०८/२०२३, ददनांक २९ मे, २०२३.

(Mahesh Deore), Joint Commissioner of Fisheries (Marine), Maharashtra State, Mumbai25 भाग दोन-(पुरवणी)–४अ२८ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५

3 Types of Modules: -

1) RCC M30 (OPC) 43-grade cement

2) Aggregates 20 mm and 12 mm gauge, S8112 BIS 456-200 (440 Kg./m³)

W.C. ratio 0.45, Super Plasticizer – 250 ml/50 kg. cement

3) Stucco plastering 12 mm HBG Chips of 10mm C.M. 1.5 mix, 12 mm thick 4) Curing 3 weeks with fresh water and 1 week in seawater.

Fabrication needs to be done in the village where deployment has to be made. The fabrication can also be made in any suitable site covering a cluster of villages. The bidder should ensure that the villagers of the concerned villages can visit the site of fabrication to learn and understand the fabrication process.

a. REQUIRED LIST OF MACHINERY: (Owned or Hired)

b. REQUIRED LIST OF TECHNICAL PERSONAL

Amount of Bid Security: 2.5% of the bid amount quoted in the form of Account Payee Demand Draft drawn or Bank Guarantee in favour of Commissioner of Fisheries, Maharashtra State, Mumbai.

Part-2 of Schedule of Requirements

Name of Work: Fabrication of Artificial reefs for 145 sites along the coast of Maharashtra.

▪ Fabrication may be done in the village where deployment has to be made or it can be made in any suitable site covering a cluster of villages. The bidder should ensure that the villagers of the concerned villages can visit the site of fabrication to learn and understand the fabrication process.

i. Fabrication of 3 types of Concrete Artificial Reef Modules viz., i) Grouper Module (GM) ii) Reef Fish Module (RFM) and iii) Well Ring Module (WRM): a total of 29000 reef units for 145 sites.

ii. The complete fabrication of the reef structures will be the sole responsibility of the bidder. There should be no damage to the reef structures during fabrication and deployment at the site.

Sd/-

क्रमांक मत्स्य/सा/०५३१०१/१४०८/२०२३, ददनांक २९ मे, २०२३.

(Mahesh Deore), Joint Commissioner of Fisheries (Marine), Maharashtra State, Mumbai28 महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ ३१

Section 5:-

QUESTIONNAIRE

BIDDERS SHOULD FURNISH SPECIFIC ANSWERS TO ALL THE QUESTIONS GIVEN BELOW IN CASE A QUESTION DOES NOT APPLY TO A BIDDER, THE SAME SHOULD BE ANSWERED WITH THE REMARK "NOT APPLICABLE".

BIDDERS MAY PLEASE NOTE THAT IF THE ANSWERS SO FURNISHED ARE NOT CLEAR AND/OR EVASIVE, THE BID WILL BE LIABLE TO BE IGNORED.

Bid No. Date for bid opening on

1. Offer is open for acceptance ......................................................

2. Brand of goods offered:

3. Name & address of manufacturer:

4. Station of Manufacturer:

5. What is your permanent income Tax A/C No.

6. Confirm whether you have attached your latest/current ITCC or certified photocopy thereof

7. Status.

a) Are you currently registered with the Directorate General of Suppliers & Disposal (DGS&D) for the item(s) quoted? If so indicate the date up to which you are registered and whether there is any monetary limit on your registration.

b) Are you a small-scale unit currently registered with the National Small Industries Corporation (NSIC) UNDER Single Point Registration Scheme for the items (Security deposit for P.O.L.) quoted? If so, indicated the date up to which you are registered and whether there is any monetary limit on our registration.

c) If you are not registered either with NSIC or DGS&D please state whether you are registered with Directorate of industries of the State Government concerned. If so, indicate the date up to which you are registered and whether there is any monetary limit on your registration.

d) Are you registered under the Indian Companies Act, 1956 or any other Act? 9. Please indicate: -Name & full address of your Banker(s) 10. Whether you:

i. Manufacture of the goods quoted; or

ii. Manufacture's authorized agent for those goods29 ३२ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ 11. State whether business dealings with you have been currently banned by any

Ministry/Dept. Of Central Govt. or any State Govt.

Signature of Witness

Signature of Bidder Full name, designation

Name & Address of Witness

Address of the person signing above

For and on behalf of M/S ......................................... (Name and address of the bidding firm)30 महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ ३३

Section 6:-

BID FORM AND PRICE SCHEDULES

Office of Commissioner of Fisheries, Date:

Maharashtra State, Mumbai,

Taraporewala Aquarium,

Charni Road West,

Mumbai -400002.

(designation and address of the purchaser)

Ref: Your bidding document No………………………….date …………………………..

Having examined the above mentioned bidding documents, including addenda Nos……………… (if any), the receipt of which is hereby duly acknowledged, we the undersigned offer to supply and deliver..

We undertake, if our bid is accepted, to deliver the goods and complete the services in accordance with the delivery schedule specified in the Schedule specified in the Schedule of Requirements after fulfilling all the applicable requirements incorporated in the above referred bidding documents.

If our bid is accepted, we will provide you with performance security as per the instructions specified in GCC clause 7 and in a form acceptable to you in terms of GCC clause 7.5 for a equivalent to 10% (ten percent) of the contract price for the due performance of the contract.

We agree to abide by this bid for the validity period specified in the ITB clause 15 (read with modification, if any, in the Bid Data Sheet) or for the subsequently extended period, if any agreed to by us and it shall remain binding up on us and may be accepted at any time before the expiration of the period.

Until a formal contract is prepared and executed, this bid together with your written acceptance thereof and your notification of award shall constitute a binding contract between us.

We understand that you are bound to accept the lowest or any bid you may receive.

Dated this ……………………………day of

…………………………………..2023.

Signature

(in the capacity of)Duly authorized to sign bid for and on behalf of 31 भाग दोन-(पुरवणी)–५३४ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५

6.1 PRICE SCHEDULE FOR DOMESTIC GOODS OR GOODS OF

FOREIGN ORIGIN LOCATED WITHIN INDIA

Total bid price in Rupees: (in figures) ……………………..(in words)………………

Signature of bidder

Name

Business Address

Place:

Date:

Note: In case of discrepancy between unit price and total price, the unit price shall prevail.

ii. If nothing to the contrary to this effect is mentioned (Technical Specification and Quality Control Requirements), the bidder shall give list of spare parts for two years operation separately indicating description quantity, unit price and total price in the above format for those items whose scope of supply includes spare parts as per "Technical Specification.

6.2 PRICE SCHEDULE FOR GOODS TO BE IMPORTED FROM ABROAD

Total bid price in Rupees: (in

figures)…………………………

(in words)………………………………….

Signature of bidder

Name

Business Address

Place: Date:

Note:

i. In case of discrepancy between unit price and total price, the unit price shall prevail. ii. If nothing to the contrary to this effect is mentioned (Technical Specification and Quality Control Requirements), the bidder shall give list of spare parts for two years operation separately indicating description quantity, unit price and total price in the above format for those items whose scope of supply includes spare parts as per "Technical Specification.

iii. Indian agents commission shall be paid in Indian Rupees only No. change due to exchange due to exchange variation shall be allowed.

भाग दोन-(पुरवणी)–५अ३६ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५

6.3 BANK GURANTEE FORM FOR BID SECURITY

Whereas………………………………………………………(name of bidder) hereinafter called "the bidder") has submitted his bid dated…………………..(date) for the supply of ……………………………….(brief) description of the relevant goods and services) (hereinafter called "the bid")

KNOW ALL PEOPLE by these presents that WE……………………. (name of the bank) having registered office at ……………………..(full address) (hereinafter called "the bank") are bound unto… ............................ (name of the purchaser) (hereinafter called "the purchaser") in the sum of……………………………(amount in figures and the words) for which payment well and truly to be, made to the said purchaser, the bank binds itself, its successors and assigns by these presents.

Sealed with the Common Seal of the Said bank this…

............................................................................................................................................... Day of ……………………………….20…………………….

THE CONDITIONS of these obligations are: 1 If the bidder

(i) withdraw its bid during the period of bid validity specified by the bidder in the bid form; or

(ii) does not accept the correction of errors in accordance with the instruction to Bidders.

2 If the bidder, having been notified of the acceptance of its bid by the purchaser during the period of bid validity: (i) Fails or refuses to execute the contract form, if required, or (ii) Fails or refuses to furnish the performance security, in accordance with the instructions to Bidders.

We undertake to pay to the purchaser up to the above amount upon receipt of its first written demand, without the purchaser having to substantiate its demand, provided that in its demand the purchaser will not that the amount claimed by it is due, to it owing to the occurrence of one or both of the above mentioned two conditions, specifying the occurred condition or conditions.

This guarantee will remain in force up to and including 60(sixty) days after the period of bid validity and any demand in respect thereof should reach the bank not later than the above date.

Signature of the Bank SEAL of the Bank Date……………………..

Place……………………….

6.4 MANUFACTURERS AUTHORIZATION FORM

ANNEXURE - I

AUTHORIZATION LETTER

To, The Commissioner of Fisheries, Taraporewala Aquarium, Netaji Subhash Road, Charni Road, Mumbai- 400002.

Sub: Proposal for E- tender for Selection of Agency for 'Establishment

of Artificial Reefs along the coast of Maharashtra' under

Department of Fisheries, Govt. of Maharashtra

Ref: Your Bidding documents No……………………………..

Sir,

We, the undersigned vendor, having read and examined in detail the Specifications and all the bidding documents do propose to provide the Services as specified in the bidding document no. .......................

2. All the prices mentioned in our proposal are in accordance with the terms as specified in the bidding documents.

3. All the prices and other terms and conditions of this proposal are valid for a period of 180 calendar days from the date of opening of the Bids.

4. We, do hereby confirm that our Bid prices include all taxes, levies etc.

5. We have carefully read and understood the terms and conditions of the contract applicable to the tender and we do hereby undertake Services as per these terms and conditions.

6. We declare that our prices are as per the technical specifications and bid documents.

These prices are indicated in Annexure(s) attached with our proposal as part of the commercial bid.

7. We do hereby undertake that, in the event of acceptance of our bid, the Services shall be completed as stipulated in the tender document.

8. We enclose herewith the complete Technical Bid as required by the Department of Fisheries. This includes:

Authorization Letter (Annexure I)

Vendor's Particulars (Annexure II)

Vendor's Detailed Experience (Annexure III-A)

Past Experience Summary- (Annexure III-B)

Technical bid (Annexure IV)35 ३८ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५

Certified that we are:

A sole proprietorship firm and the person signing the tender is the sole proprietor/ constituted attorney of the sole proprietor,

Or

A partnership firm, and the person signing the tender is a partner of the firm and he has authority to refer to arbitration disputes concerning the business of the partnership by virtue of the partnership agreement by virtue of general power of attorney.

Or

A Company and the person signing the tender is the constituted attorney.

(NOTE: Delete whatever is not applicable. All corrections/ deletions should invariably be duly attested by the person authorized to sign between us).

9. We do hereby undertake, that until a contract is prepared and executed, this bid together with the Department's written acceptance thereof, the tender document and placement of letter of intent awarding the contract, shall constitute a binding contract between us.

We hereby extend our full guarantee and warranty as per clause 15 of the General Conditions of Contract, read with modification, if any, in the Special Conditions of Contract for the goods and services offered for supply against the Bidding Document by the above firm.

Yours faithfully,

(Signature, name and designation)

For and on behalf of M/s………………………………………………

(name & address of the manufactures) Note: This letter of authorization should be on the letter head of the manufacturing firm and should be signed by a person competent and having the power of attorney to legally bind the manufacturer.

Detail of enclosures:

Full Address:

Telephone No.:

Email ID:

ANNEXURE- II

VENDOR'S PARTICULARS

ANNEXURE III- A

VENDOR'S EXPERIENCE

** Attach LOI/ Work Order/ Contract copy (Mandatory)

Letter from the Client for satisfactory completion of the project/ Appreciation letter from Client would be given additional weightage38 महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ ४१

ANNEXURE III- B:

Experience Summary

भाग दोन-(पुरवणी)–६४२ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५

ANNEXURE - IV (A)

Technical bid format

ANNEXURE - IV (B)

Technical bid format

6.5 SECTION BANK GUARANTEE FORM FOR PERFORMANCE

SECURITY

To,

……………………..

……………………...(name and address of the purchaser)

WHEREAS………………………………………………………(name and address of the supplier) (hereinafter called "the supplier") has taken in pursuance of contract No…………..dated………………………….to supply ……………….(description of goods and services)(hereinafter called "the contract").

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a bank guarantee by a recognized bank acceptable to you, for the sum specified therein as security for compliance with its (supplier's) obligations in accordance with the contract.

AND WHEREAS we have agreed to give the supplier such a bank guarantee;

NOW THERFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the supplier, up to a total of .......................................... (amount of the guarantee in words

and figures), such sum being payable in the types and proportions of currencies in which the contract price is payable, and we undertake to pay you, upon your first written demand declaring the supplier to be in default under the contract and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.

We further undertake to pay you the sum so demanded notwithstanding any dispute or disputes raised by the supplier in any suit or proceedings pending before any court or tribunal relating thereto liability under this present being absolute and univocal.

We also hereby waive the necessity of your demanding the said amount from the supplier before presenting us with the demand.

We further agree that you shall have the fullest liberty without or consent and without affecting in any manner our obligations hereunder, to vary any of the terms a conditions of the contract or to extend the time of performance by the supplier from time to time or to postpone for any time or from time to time any of the powers exercisable by you against the supplier and to forbear or enforce any of the terms and conditions relating to the contract an we shall not be relieved from our liability under the guarantee.

This guarantee shall be valid and shall remain on force until ....................... day of …….20……Dated the ……………day of……………….20…… (name of the bank)

Signature…………………..

Name of officer…………………..

(in block letters)Designation of the officer………

Code No………………

Name of the Bank and full address….

Section 7:-

INSTRUCTIONS TO BIDDERS (ITB)

(For High Vaule Purchase)

TABLE OF CLAUSES

A Introduction

1. Source of funds

2. Eligible goods and services

3. Cost of bidding

B Bidding Documents

4. Contents of bidding documents

5. Clarification of bidding documents

6. Amendments of bidding documents

C Preparation of bids

7. Language of bid

8. Documents constituting the bid

9. Bid form

10. Bid prices

11. Bid Currencies

12. Indian Agent

13. Documents establishing bidder's Eligibility and qualification.

14. Documents establishing good's eligibility and conformity to bid documents

15. Bid security

16. Period of validity of bids

17. Format and signing of bid

D Submission of Bids

18. Sealing and Marking of bids

19. Dead line of submission of bids

20. Late bids

21. Modification and withdrawal of bids

E Bid opening and Evaluation

22. Opening of bids by purchaser

23. Clarification of bids

24. Preliminary examination of bids-unresponsive, substantially

responsive and responsive bids

25. Conversion and comparison of bids

26. Evaluation and comparison of bids.

27. Bidder's capability to perform the contract

28. Purchaser's right to vary quantities at the time of Award29. Contacting the Purchaser 43 ४६ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५

F Award of Contract

30. Award Criteria

31. Purchaser's right to accept any Bid and to reject any or all Bids

32. Notification of Award

33. Signing of Contract

34. Performance Security44 महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ ४७

Section 7:-

INSTRUCTIONS TO BIDDERS (ITB)

A. INTRODUCTION:- 1. (cid:3)Source of Funds 1.1 The expenditure to be incurred for this intended purchase will be met from the funds, available with the purchaser named in the Schedule of Requirements, hereinafter referred to as 'the purchaser'.

2. Eligible Bidders 2.1 This invitation for bids is open to all suppliers, who fulfil the eligibility criteria as well as the qualification criteria, incorporated in this document.

3. Cost of bidding 3.1 The bidder shall bear all costs associated with the preparation and submission of its bid including samples, drawings, literatures etc., if any. The purchaser will in no case be responsible or liable for any such cost, regardless of the conduct or outcome of the bidding process.

B. THE BIDDING DOCUMENTS:-

4. Content of bidding documents 4.1 The goods required, bidding procedures and contract terms and prescribed in the bidding documents. In addition to the Invitation for Bids, the bidding documents include:

a. Instruction TO Bidders( ITB)

b. General Conditions of Contract (GCC)

c. Schedule of requirements

d. Technical specification and quality control requirements

e. Questionnaire

f. Bid form and price schedules

g. Manufacture's authorization from

h. Bank guarantee form for performance security

i. Contract form

4.2 In case of any contradiction between the stipulations made in ITB & GCC and

Schedule of Requirements, the Stipulations incorporated in the Schedule of

Requirements will prevail over the corresponding stipulations contained in the

ITB and or GCC.

4.3 The bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the bidder's risk and may result rejection of its bid.

5. Clarification of bidding documents 5.1 A prospective bidder requiring any clarification in connection with the bidding documents may notify the purchaser in writing or by telex or cable at the purchaser's mailing address indicted in the Schedule of Requirements. The purchaser will respond in writing to any request for clarification of the bidding documents which it receives not later than 21 (twenty one) days prior to the deadline for submission of bids prescribed by the purchaser. The purchaser, at its discretion, may send the relevant text of this correspondence (without identifying the source of inquiry) to all the prospective bidders, which have received the bidding documents.

5.2 Disqualification:

Statements known to be, or subsequently found to be, inaccurate or misleading may disqualify the bidder from further participation in the evaluation process.

6. Amendment of bidding documents 6.1 At any time prior to the deadline for submission of bids, the purchaser may, for reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the bidding documents by amendment.

6.2 The amendment will be notified in writing or by telex or cable to all prospective bidders, which have received the bidding documents and will be binding on them.

6.3 In order to provide the prospective bidders with reasonable time in which to take the amendment into account in preparing their bids, the purchaser may, at its discretion, extend the deadline for the submission of bids and other allied time frame having linkage with that deadline.

C. PREPARATION OF BIDS:-

7. Language of bid 7.1 The bid submitted by the bidder and all correspondence and documents relating to the bid exchanged by the bidder and the purchaser; shall be written in English language. Supporting documents and printed literature furnished by the bidder may be written in other language, provided that the same is accompanied by a English translation, in which case, for the purpose of interpretation of the bid, the English translation shall govern.

7.2 The bid submitted by the bidder and all correspondence and documents relating to the bid exchange by the bidder and the purchaser, may also be written in the Hindi language, provided that the same is accompanied by an English translation, in which case, for the purpose of interpretation of the bid, the English translation shall46 महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ ४९ govern.

8. Documents constituting the bid 8.1 The bid submitted by the bidder shall comprise of the following documents a. a bid form and price schedule in accordance with ITB clause, 9, 10 and 11 b. Documentary evidence established in accordance with ITB clause 13 that the bidder is eligible to bid and is qualified to perform the contract if its bid is accepted.

c. Documentary evidence established in accordance with ITB clause 14 that the goods and ancillary services to be supplied by the bidder conform to the bidding documents.

d. Bid security furnished in accordance with ITB clause 15.

e. The questionnaires (attached as Annexure with the bidding documents) duly filled in.

Note: A bid which does not fulfil any of the above requirements and/or gives evasive information/replay against any such requirement shall be liable to be declared unresponsive and summarily rejected.

9. Bid Form The bidder shall complete the bid form and the appropriate price schedule furnished in the bidding documents in section 7 including, inter alia, for the goods to be supplied, a brief description of the goods, their country of origin, quantity and prices.

10 Bid prices 10.1 The bidder shall indicate on the Price Schedule the unit price and total bid prices of the goods it proposes to supply under the Contract. To this end, the Bidders are allowed the option to submit the bids for any one or more schedule specified in the "Schedule for Requirements" and to offer discounts for combined schedules.

However, Bidders shall quote for the complete requirement of goods and

services specified under each schedule on a single responsibility basis, failing

which such bids (for the schedule in question) will not be taken into account

for evaluation and will not be considered for award.

10.2 Prices indicated on the process schedule shall be entered separately in the following manner:

I. for goods offered from within India:-

a) The prices of the goods, quoted ex-factory, ex- showroom, ex-warehouse or off-the shelf, as applicable, including customs, excise and any other duties and sales and other already paid or payable on the components and raw material used in the manufacture or assembly of the goods quoted ex-factory or on the previously imported goods of foreign origin quoted ex-showroom, ex-warehouse or off- the-47 भाग दोन-(पुरवणी)–७ ५० महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ shelf.

b) Any sales or other taxes/duties including excise duty, which will be payable on the goods in India if the contract is awarded.

c) Charges for inland transportation, insurance and other local costs incidental to delivery of goods to their final destination. The final destination is specified in the Schedule of Requirements.

d) The price of incidental services as and if listed in Schedule of Requirements.

e) Any element of cost, taxes, duties, levies, etc. not specifically indicated in the bid, shall not be paid by the purchaser.

II. For goods offered from abroad:-

a) The price of goods shall be quoted CIF port of entry in India or CIP named place of destination in India as and if specified in the Schedule of Requirements. In quoting the bidder shall use ocean transportation through Indian flag vessels of Indian origin or through vessels of Shipping Conference Lines in which India is a member country. Similarly, the bidder may obtain insurance services from any nationalized insurance company in India.

b) The price of goods shall be quoted FOB port of shipment, as and if specified in the Schedule of Requirements.

c) Charges for inland transpiration, insurance and other local costs incidental to delivery of the goods from the port of entry in India to their final destination, which is specified in the Schedule of Requirements.

d) The price if incidental services as and if listed in the Schedule of Requirements e) Any element of cost, taxes, duties, levies, etc. not specifically indicated in the bid, shall not be paid by the purchaser.

10.3 The terms FOB, CIF, CIP etc, shall be governed by the rules & regulations prescribed in the current edition of INCOTERMS, published by the International Chamber of Commerce, Paris.

10.4 The bidder's separation of the price components in accordance with ITB clause 10.2 above will be way limit the purchaser's right to contract on any of the terms offered.

10.5 Prices quoted by the bidder shall remain firm and fished during the currency of the contract and not subject to variation on any account, unless otherwise specified in the Schedule of Requirements. If the requirements is for a fixed price bid, a bid submitted with an adjustable price quotation will be treated as non-responsive and rejected, pursuant to ITB clause 23.

11. Bid currencies 11.1 For domestic goods prices shall be quoted in India rupees only. For imported goods prices shall be quoted either in Indian rupees or in the currency of the country of origin of goods. Bids, where prices are quoted in any other way shall be treated as non-responsive and rejected.

12 Selection of Bidder

12.1 The bidder/s that meets the requirement sought by the Department of Fisheries, GoM shall be qualified for the Technical Eligibility Criteria and their submitted/ quoted commercial (financial) bid may be opened thereafter.

12.2 In the event that the Entity rejects or annuls all the bids, it may, at its discretion, invite remaining eligible Bidders to submit fresh bids.

All bidders shall include the following information and documents with their bids.

(a) Copies of original documents defining the constitution or legal status, place of registration and principal place of business, written power of attorney of the signatory of the Bid to commit the Bidder ;

(b) Total monetary value of construction work performed for each of the last Five years;

(c) Experience in works of a similar nature and size for each of the last Five years and details of works underway or contractually committed and clients who may be contacted for further information on those contracts ;

(d) Major items of construction equipment proposed to carry out the Contract.

(e) Qualifications and experience of key site management and technical personnel proposed for contract ;

(f) Reports on the financial standing of the Bidder, such as audited balance sheet certified by the chartered account along with profit and loss statements and reports for the past Five years;

(g) Evidence of access to line(s) of credit and availability of other financial resources facilities (10% of contract value) certified by the Bankers. (Not more than 3 months old);

(h) Undertaking that the bidder will be able to invest a minimum cash upto 25% of contract value of work during implementation of work;

(i) Authority to seek references from the Bidder's bankers;

(j) Information regarding any litigation, current or during the last Five years, in the Bidder is involved, the parties concerned and disputed amount;

(k) The proposed methodology and programme of construction, backed with equipment planning and deployment, duly supported with broad calculations and quality control procedures proposed to be adopted, justifying their capability of execution and completion of the work as per technical specifications within the stipulated period of completion as per milestones.

(l) The rates quoted by the bidder shall be exclusive of the Goods and Service Tax but Inclusive of all other applicable taxes that bidder will have to pay for performance of the contract.

(m) The Bidder Should submit the Valid GST Registration Certificate

(n) The Bidder Should submit the Income Tax Clearance Certificate

(o) Bids from Joint Ventures are not allowed.

भाग दोन-(पुरवणी)–७अ५२ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ 13. Documents establishing bidder's eligibility and qualifications 13.1 Pursuant to ITB clause 8, the bidder shall furnish, as part of its bid, documents establishing the bidder's eligibility to bid and its qualifications to perform the contract if its bid is accepted.

13.2 The bids of only those bidders will be opened who have submitted the EMD amount. The Agencies/ organizations are expected to provide the Technical Proposal as specified in the E-tender document. To assist in the examination, evaluation and comparison of bids, the purchaser may, at its discretion, seek clarification/ document(s) of its bid from the bidder. Only the information furnished, by the bidder, shall be considered in the future evaluation. However, no post-bid clarification at the initiative of any bidder shall be entertained. Material deficiencies in providing the information requested may result in the rejection of a proposal. The Technical bids shall be complete in all respect and contain all information and documents asked for, except prices.

13.3 The Technical Proposal shall contain the following documents:

(i) Letter of Technical Proposal Submission.

(ii) Profile and Track Record of the Agency.

(iii) Case studies of similar projects undertaken for large organizations or Government/ PSU clients, with a focus on key jetty and/ harbour development features.

(iv) Details of award-winning assignment(s) handled, if any.

(v) Defined deliverables have to be mentioned in the technical proposal with timelines.

(vi) Detail of the team proposed to be deployed to work with the Department, with qualifications and experience of the team members must be provided.

(vii) An undertaking on the letterhead of the Vendor and signed by an authorized signatory, that the Agency will undertake the assignment, in accordance with the Scope of Work detailed in the E-tender document and at the cost submitted by the Agency in the financial proposal (the cost is not to be indicated in the undertaking). The above undertaking submitted would be binding on the Vendor.

(viii) The Technical Proposal with any financial proposal or related information

shall be summarily rejected.

(ix) All bidders need to submit an Earnest Money Deposit (EMD) of INR 25,00,000/- (Rupees Twenty-five lakhs only) (REFUNDABLE), online on the E-tender Portal of Government of Maharashtra- www.mahatenders.gov.in. No interest will be payable on the Bid Earnest Money amount. The EMD of the unsuccessful Bidders shall be returned within 60 days from the date of Bid finalization. The successful bidder's EMD will not be returned under any circumstances.

The Bidder should be a renowned agency able to provide a qualified team, for undertaking this assignment. The minimum eligibility (Pre-qualification) criteriaare mentioned below: 50 महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ ५३

The bidders who fail to produce the required documentary evidence against the above Eligibility Criteria shall be disqualified and shall not be considered for the Technical Evaluation round.

13.4 Technical Evaluation Framework: The bidders that qualify in the Eligibility Criteria are eligible for Technical Evaluation. The evaluation of the technical bids conducted by the Department shall be final and binding on all the bidders. Bidders who have qualified as per the Pre- Qualification Criteria of this E-tender document shall be evaluated and scored by the Tender Evaluation Committee based on a weighted point system, assessing each bidder's ability to satisfy the requirements set forth in the E-tender Document.

The criteria for the Technical evaluation are mentioned below:

Bidders will have to score a minimum of 30 marks (60%) in the Technical Evaluation to qualify.

13.5 The documentary evidence of the bidder's qualifications to perform the contact if its bid is accepted shall establish to the purchaser's satisfaction.

i. That, in the case of the bidder offering to supply goods under the contract which the bidder did not manufacture or otherwise produce, the bidder has been duly authorized (as per authorization form in section 6) by the good/s manufacturer or producer to supply the goods in India.

ii. That the bidder has financial, technical and production capability necessary to perform the contract and, also, it meets the criteria indicated in the Schedule of Requirements.

iii. If an agent in its bid submits quotations on behalf of more than one manufacturer, it is necessary that each such bid is accompanied by a separate bid form and bid security for each such quotation and authorization from the respective manufacturer (as per authorization form in section 6). Otherwise all such quotations will be rejected as non-responsive.

14. Documents establishing goods eligibility and conformity to bidding document.

14.1 Pursuant to clause 8, the bidder shall furnish, as part of its bid, documents establishing the eligibility and conformity to the bidding documents of all goods and services which the bidder proposes to supply under the contract.

14.2 The documentary evidence for eligibility of the goods and services shall consist of a statement in the price schedule, about the country of origin of the goods and services offered which shall be confirmed by a certificate of origin issued at the time of shipment.

a) The documentary evidence of conformity of the goods and services to the bidding documents may be in the form of literature, drawings, data etc, and shall consists of:

b) a detailed description of the goods essential technical and performance characteristics,c) a list giving full particular including available sources and current prices, of all 53 ५६ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ spare parts, special tools etc., necessary for the proper and continuing functioning of the goods for a period of two years(or more, if specified in the schedule) following commencement of the use of the goods by the purchaser, and

d) a clause-by-clause commentary on the purchaser's Technical Specifications demonstrating substantial responsiveness of the goods and services to those specifications or a statement of deviations and exceptions to the provision of the "Technical Specifications".

14.3 For purpose of commentary to be furnished to ITB clause 14.2 c above, the bidder shall note that the standards of workmanship, material and equipment and references to brand names or catalogue numbers, if any designated by the purchaser in its 'Technical Specifications' are intended to be descriptive only and not restrictive. The bidder may substitute alternative standards, brand names and/or catalogue numbers in its bid, provided that it demonstrated to the purchaser's satisfaction that the substitutions are, substantially equivalent or superior to those mentioned in the ' Technical Specifications'.

15. Bid Security

15.1 Pursuant to clause 8, the bidder shall furnish as part of its bid, a bid security of an amount specified in the Schedule of Requirements.

15.2 The bid security is required to protect the purchaser against risk of bidder's conduct, which would warrant the security's forfeiture, pursuant to ITB clause 15.7.

15.3 The bid security shall be denominated in the currency of the bid or in Indian Rupees and shall be in one of the following forms:

a) Demand draft on a scheduled commercial bank in India, draw in favour of the designated officer of the purchase organization and payable at a place as indicated by the purchaser in the Schedule of Requirements.

b) A Bank guarantee, issued by a scheduled commercial bank in India or a bank abroad, duly confirmed by a scheduled commercial bank in India in the form provided in the bidding documents under section 7 and valid for 45 days beyond the validity of the bid.

15.4 Any bid from a bidder, not secured in accordance with ITB clauses 15.1 and 15.3 will be summarily rejected by the purchaser, as non-responsive, pursuant to ITB clause 24.

15.5 Unsuccessful bidders bid security will be discharge/returned as promptly as possible after the expiration of the period of bid validity prescribed by the purchaser, pursuant to ITB clause 16 but, barring any unforeseen circumstances, not later than 45 days of the award of contract.

15.6 The successful bidder's bid security will be discharged/returned upon the bidder, signing and accepting the contract pursuant to ITB clause 33 and furnishing the performance security, pursuant to ITB clause 34.

15.7 The bid security may be forfeited:

a) if a bidder:

i) withdraws its bid or impairs or derogates from the bid in any respect during the period of bid validity specified by the bidder on the bid form; or

ii) does not accept the correction of errors pursuant to ITB clause 24.2

b) In the case of successful bidder, if the bidder fails:

i) to accept and sing the contract in accordance with ITB clause 33; or ii) to furnish performance security in accordance with ITB clause34.

15.8 Forfeiture of Earnest Money Deposit (EMD): The EMD will be forfeited on account of one or more of the following reasons:

a) If the bid is withdrawn before the validity period, the EMD will stand forfeited.

b) The Bidder withdraws or modifies the offer after the opening of a bid but before acceptance of a bid.

c) When the Bidder does not execute the agreement if any, prescribed within the specified time.

d) If the Bidder makes any statement or encloses any form which turns out to be false/ incorrect at any time prior to the signing of the Contract.

e) When the Bidder fails to sign the contract or furnish Performance Bank Guarantee, within the specified time period in the E-tender.

f) When the Bidder fails to commence the work as per the work order within the prescribed time.

iii) Erasures or Alterations and signing of bids-

The original Bids shall be signed by the Bidder or a person or persons duly authorized using his/ her digital certificate through the e-Tendering system. Such authorization shall be indicated by the power of attorney accompanying the bids. The Bids shall contain no interlineations, erasures, or overwriting except as necessary to correct errors made by the Bidder, in that case, such corrections shall be initiated by the person or persons signing the bids.

iv) Clarification of Bids-

To assist in the scrutiny, evaluation, and comparison of bids, the purchaser may, at its discretion, ask some or all the Bidders for clarification of their bids on any of the points mentioned therein and the same may be sent through email. However, in such cases, an original copy of the technical clarifications shall be sent to the purchaser through email. The request for such clarifications and the response shall be in writing.

v) Tender Opening-55 भाग दोन-(पुरवणी)–८ ५८ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ The Department shall evaluate the bid of the Bidders and all supporting documents/ documentary evidence. The inability to submit any required supporting documents/ documentary evidence may lead to rejection.

vi) The decision of the Department in the evaluation of responses to the E-tender shall be final.

16. Period of validity of bids

16.1 The bid submitted by the Bidders shall be valid for acceptance for a minimum period of 90 (ninety) days after the date of bid submission prescribed by the purchaser, pursuant to ITB clause 19. A bid valid for a shorter period shall be rejected by the purchaser as non-responsive.

16.2 In exceptional circumstances, the purchaser may solicit the bidder's consent to an extension of the period of bid validity up to a specified period. The request and the response thereto shall be made in writing (or by facsimile or cable or telex, which will be followed by a signed confirmatory copy simultaneously). The bid security provided under ITB clause 15 shall also suitable extended. A bidder may refuse the request without forfeiting its bid security. However, a bidder agreeing to the request will not be required nor permitted to modify its bid.

16.3 If the date up to which the bid is to remain valid happens to be a closed holiday for the purchaser the bid shall automatically remain valid up to the next working day of that organization.

17 Format and signing of bid

17.1 The bidder shall prepare two bids, The "Technical bid" consisting of all technical details along with commercial terms and conditions,; and the "Financial Bid" indicating item-wise price for the items mentioned in the technical bid.

17.2 The Technical and Financial bid shall be typed or written in indelible ink and shall be signed by the bidder or person or persons duly authorized to bind the bidder to the contract. All pages of the bid, except for un-amended printed literature shall be initialed by the person or persons signing the bid.

17.3 Any interlineations, erasures or overwriting in the bid shall be valid only if they are initialed by the person or persons signing the bid.

17.4 The front page of the bidding documents, containing the signature with date of the official (of the purchase organization) selling/dispatching the documents and the seal of that office must be returned in original by the bidder along with the Technical bid, failing which the bid is liable to be ignored.

D. SUBMISSION OF BIDS

18. Sealing and marking of bids

18.1 The bidder shall seal the bid in envelope, duly marking the envelope as "Bid for Fabrication of Artificial Reefs".

18.2 The inner and outer envelops shall be:

a. Addressed to the purchaser at the address given in the schedule of requirements b. Bear the invitation for bids (IFB) number and the words "do not open before * (The time and date of bid opening, as specified in the Bid data Sheet shall be indicated here)

18.3 Each inner envelop shall indicate the name and address of the bidder to enable the bid to be returned unopened in case it is declare "late" or if the invitation of bids (IFS) is cancelled.

18.4 If the outer envelope is not sealed and marked as required by ITB clause 18.2 the purchaser will not assume any responsibility for the bid's misplacement or premature opening.

18.5 Bids sent by Telegrams, Telex, cable or facsimile are not acceptable and will

be rejected.

19. Deadline for submission of bids 19.1 Bids must be received by the purchaser at the address specified under ITB clause 18.2 not later than the time and date specified in the Schedule of Requirements and the purchaser will provide a receipt (inter alia containing time and date of receipt) for the same. If that specified date appends to be a closed holiday for the purchaser, the bids will be received up to the appointed time on the next working day. If the Schedule of Requirements provides for receipt of bids through "tender Box" the bids shall be submitted accordingly as per the instruction given in the Schedule of Requirements.

The purchaser may at its discretion, extend this deadline for the submission of bids by amending the bidding documents in accordance with ITB clause 6 in which case all rights and obligations of the purchaser and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

20 Late bids 20.1 Any bid received by the purchaser after the deadline for submission of bids prescribed by the purchaser pursuant to ITB clause 19 will be rejected and/or returned to the bidder.

भाग दोन-(पुरवणी)–९६० महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ 21 Modification and withdrawal of bids 21.1 The bidder may modify or withdraw its bid after submitting the same provided that written notice of the modification or withdrawal is received by the purchaser prior to the deadline prescribed for submission of bids.

21.2 The bidder's modification or withdrawal notice shall be prepared sealed marked and dispatched in accordance with the provisions of ITB clause 18, A withdrawal notice may also be sent by telex or cable or facsimile, but the same must be followed by a signed confirmation copy, postmarked not later than the deadlines for submission of bids.

21.3 No bid may be modified subsequent to the deadline for submission of bids.

21.4 No bid may e withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the bidder in the bid form.

Withdrawal of a bid during this interval may result in forfeiture of the Bidder's bid security pursuant to ITB clause 15.7.

E. BID OPENING AND BID EVALUATION

Verification of information:

Bidders are encouraged to submit their respective bids after familiarising themselves with the information and physical conditions relevant to the E-tender, including the transmission capacity, applicable laws and regulations, and any other matter considered relevant by them.

It shall be deemed that by submitting a Bid, the Bidder has:

(a) made a complete and careful examination of the Bidding Documents;

(b) received all relevant information requested from the entity;

(c) accepted the risk of inadequacy, error or mistake in the information provided in the Bidding Documents or furnished by or on behalf of the entity relating to any of the matters referred to verification documents;

(d) satisfied itself about all matters, things and information including matters referred to verification of necessary documents and required for submitting an informed Bid, execution of providing the solution/ service in accordance with the Bidding Documents and performance of all of its obligations thereunder;

(e) acknowledged and agreed that inadequacy, lack of completeness or incorrectness of the information provided in the Bidding Documents or ignorance of any of the matters hereinabove shall not be a basis for any claim for compensation, damages, an extension of time for performance of its obligations, loss of profits etc. from the entity, or a ground for termination of the Agreement for the procurement of power (APP) by the Supplier; and

(f) agreed to be bound by the undertakings provided by it under and in terms hereof.

22. Opening of bids by purchaser 22.1 The purchaser will open the bids at the time, date and the place specified in the Schedule of Requirements.

22.2 The representative of a bidder, who intends to attend the bid opening, shall bring with him/her a letter of authority from the bidder on the bidder's letter head duly authorizing his/her to attend the bid opening. In the absence of such a letter of authority, the representative(s) will not be allowed to enter and attend the bid opening. The bidders representatives, who attend the bid opening shall sign a register (which will be provided by the purchaser) evidencing their attendance.

22.3 The bidder's name, technical specifications of the goods offered, bid prices, discounts, the presence or absence of the requisite bid security and such other details as the purchaser at its discretion may consider appropriate will be announced at the bid opening.

22.4 The purchaser will prepare appropriate minutes of the bid opening for its official record.

23 Clarification of bids 23.1 During scrutiny and evaluation of bids, the purchaser may, at its discretion ask a bidder for a clarification of its bid. The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought offered or permitted.

24 Preliminary examination of bids-unresponsive, substantially responsive bids 24.1 The purchaser will examine the bids to determine whether they are complete, whether the required bid validity is available weather any computational errors have been made whether required bid security has been furnished, whether the documents have been properly signed and whether the bids are generally in order.

While examining the bids the purchaser will also keep in view the requirements as per ITB clause 8.

24.2 Arithmetical errors, if any in a bid will be rectified on the following basis. 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 shall prevail and the total price shall be corrected accordingly. If there is a discrepancy between the words and figures, the amount in words shall prevail if the supplier does not accept the correction of such errors its bid will be rejected.

24.3 Prior to the detailed evaluation pursuant to ITB clause 26, the purchaser will determine the substantial responsiveness of each bid to the bidding documents. A substantially responsive bid is one which conforms to all the requirements and terms and conditions of the bidding document including the specification andtechnical parameters of the goods as projected in the bidding document without 59 ६२ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ material deviations. Deviations from or objections or reservations to the bidding documents critical provisions such as those concerning bid validity technical specification performance security warranty obligations, Force Maejure, taxes & duties and applicable law (governing the contract) will be deemed to be material deviations. Bids from any agent without proper authorization from the manufacturer as per ITB clause 13.2(a), shall be treated as non-responsiveness.

The purchaser's determination of a bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.

24.4 The purchaser may waive any minor infirmity, non -conformity or irregularity in a bid, which does not constitute a material deviation provided such waiver does not prejudice or affect the relative ranking of any bidder.

24.5 The conclusion drawn by the purchaser as to the substantial responsiveness or otherwise of a bid or consideration of a minor infirmity or non-conformity or irregularity in a bid is final.

24.6 If bid is determined as not substantially responsive, it will be rejected by the purchaser and may not subsequently be made responsive by the bidder by correction of the non- conformity

25 Conversion to single currency 25.1 To facilitate evaluation and comparison of bids the purchaser will convert all bid prices expressed in the amount in various currencies in which the bid prices are payable to Indian rupees at the BC selling market rate of exchange established by the State Bank of India for similar transaction as on the date of bid opening.

26 Evaluation and Comparison of bids 26.1 The purchaser will be evaluated and compare the bids which have been determined to be substantially responsive pursuant to ITB clause 24 each schedule separately.

The bid for a schedule will not be considered if the complete requirements covered in the schedule is not included in the bid. However as stated in ITB clause 10 bidders are allowed the option to bid for anyone or more schedule and to offer discounts for combined schedules. These discounts will be taken into account in the evaluation of the bids so as to determine the bid or combinations of bids offering the lowest evaluated cost for the purchaser in deciding award (Security deposit for P.O.L.) for each schedule.

26.2 The comparison shall be on CIP destination basis, duly delved and commissioned (as the case may be) at the destination.

26.3 The purchaser's evaluation of a bid will include and taken into account; in addition to bid price and price of the incidental services;

a) In this case of goods manufactured in India or goods of foreign origin alreadylocated in India, sales tax& other similar taxes and excise duly & other similar 60 महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ ६३ duties, which will be payable on the goods if a contract is awarded to the bidder; and b) In the case of goods of foreign origin offered from abroad, customs duties and other similar import duties/taxes, which will be payable on the goods if the contract is awarded to the bidder.

26.4 The purchaser's evaluation of bid will also take in to account the following factors in the manner and to the extent specified in the Schedule of Requirements and amplified in ITB clause 26.5.

a) cost of inland transportation, insurance and other costs within India incidental to delivery of the goods to their final destination as stipulated in the schedule of requirement.

b) delivery schedule offered in the bid.

c) the cost of components, spare parts and services.

d) the availability of spare parts and after sales service in India for the goods offered in the bid.

e) the projected operating and maintenance cost during the life of the equipment.

f) Specific additional criteria.

26.5 Pursuant to clause 26.4 following evaluation methods will be followed:

a) Inland transportation, insurance and incidentals: Bidder shall quote separately for inland transportation insurance and other incidentals for delivery of goods to the required destination as already indicated in the Schedule or Requirements. These costs incurred in India shall be quoted in India Currency. Such costs will be added by the purchaser to the EXW/CIF/CIP bid price.

b) Delivery Schedule: The purchaser requires that the goods mentioned in the Schedule of Requirements' shall be delivered at the destination within the time schedule specified therein. As and if necessary, the estimated time of arrival of good from ex-works/port of entry to the destination will be circulated by the purchaser for each bid after allowing for reasonable transportation time based on the published tariff of Railways, appropriate Road Transport Agencies etc. Bids offering deliveries (as worked out on above lines) which are later than the specified delivery but within the allowable range (as specified in the Schedule of Requirements) will be adjusted during the evaluation by adding a factor equal to the percentage specified in the Schedule of Requirements, to the EXW/CIF/SIP price per week of variation from the specified delivery schedule.

c. Cost of Components and Spare parts:

1. The list of item and quantities of major assembles components and selected spare parts likely to be required during the initial period of operation as specified in the 'Schedule of Requirements' is annexed to the Technical Specification. The total cost of these items at the unit prices quoted in each bid will be added to the bid price. Or61 भाग दोन-(पुरवणी)–१० ६४ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ 2. The purchaser will draw up a list of high usage and high value items if components and spare parts along with the estimated quantities of usage in the initial period of operation as indicated in the 'Schedule of Requirements'. The total cost of these items and quantities will be compared from the corresponding unit prices quoted by the bidder and added to the bid price.

Or

3. The purchaser will estimate the cost of spare parts usage in the initial period of operation specified in the 'Schedule of Requirements' based on the information furnished by each bidder as well as on the past experience of the purchase in similar situations. Such costs shall be added in the bid price for evaluation.

d) Availability of spare parts and after sales service facilities in India: The cost of the purchaser of establishing the required service facilities and parts inventories as outlined in the 'Schedule of Requirements' or elsewhere in the bidding documents if quoted separately shall be added to the bid price.

e) The projected operating and maintenance cost during the life of the equipment: These costs which from a major portion of the life cycle cost of the equipment will be evaluated in accordance with the criteria specified in the 'Schedule of Requirements' and/or in the Technical Specifications.

f) Specified additional criteria: Other specific additional criteria to be considered in the bid evaluation and the corresponding evaluation method shall be incorporated in the 'Schedule of Requirements' and/or in the Technical Specifications.

27 Bidder's capability to perform the contract: 27.1 The purchaser will determine to its satisfaction whether the bidder which is selected as having submitted the lowest evaluated responsive bid is qualified and prima facie capable to perform the contract satisfactorily.

27.2 The determination will take into account the bidder's financial, technical and production capabilities for fulfilling all the requirements of the purchaser as specified in the bidding documents. This exercise will be based upon the examination of the documentary evidence of the bidder's qualification submitted by the bidder pursuant to ITB clause 2 and 13, as well as such other allotted information as the purchaser deems necessary and appropriate.

27.3 An affirmative determination will be prerequisite for award of the contract to the bidder. A negative determination will result in rejection of the bidder's bid in which event the purchaser will proceed to the next lowest evaluated bid to make a similar determination f the bidder's capabilities to perform satisfactorily.

28 Purchaser's right to vary quantities at the time of award 28.1 The purchaser reserves the right at the time of awarding the contract to increase or 62महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ ६५ decrease by up to 25% the quantity of goods and services specified in the schedule of requirements without any change in the unit price or other terms conditions.

29 Contacting the purchaser 29.1 From the time of the bid opening to the time of awarding the contract, if bidder wishes to contact the purchaser on any matter related the bid it should do in writing.

29.2 Any effort by a bidder to influence the purchaser i.e. the purchaser's decision on bid evaluation bid comparison or contract award shall result in the rejection of the bidder's bid besides other suitable administrative actions against the bidder as deemed fit by the purchaser.

F. AWARD OF CONTRACT

30. Award Criteria

30.1 Subject to ITB clause 28 the purchaser will award the contract to the successful bidder whose bid has been determined as the lowest evaluated bid provide further that the bidder is determined to be qualified and prima facie capable to perform the contract satisfactorily.

31. Purchaser's right to accept any bid and to reject any or all bids.

The purchaser reserves the right to accept or reject any bid and to annul the bidding process and reject all ids at any time prior to the award of contract without thereby incurring any liability whatsoever to the affected bidder or bidders.

32. Notification of Award 32.1 Before the expiry of the period of bid validity the purchaser will notify the successful bidder in writing by registered letter or by cable/fax/telex to be confirmed in writing by registered letter that its bid has been accepted. The schedules (s) or requirement and the corresponding quantity of the item(s) ordered which have been accepted will inter alia be mentioned in the notification.

32.2 The notification of award will constitute the formation of the contract.

32.3 Upon the successful bidder's furnishing the performance security pursuant to ITB clause 34 the purchaser will promptly notify each unsuccessful bidder and will discharge its bid security pursuant to ITB clause 15.

33. Signing of contract 33.1 At the same time as purchaser notifies the successful bidder that its bid has been accepted the purchaser will send to the bidder by registered post or speed post the contract form provided in the bidding documents incorporating all agreementsbetween the parties. 63 भाग दोन-(पुरवणी)–१०अ ६६ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ 33.2 Within twenty-one (21) days of issue of the contract from by the purchaser the successful bidder shall sign and date the contract and return it to the purchaser by registered post of speed post.

34. Performance security Within twenty-one (21) days of the issue of notification of award by the purchaser the successful bidder shall furnish the performance security in accordance with and as per the instructions incorporated in the general conditions of contract with regard to performance security. Failure of the successful bidder to comply with the requirement of clause 33 or clause 34 shall constitute sufficient grounds for annulment of the award and forfeiture of the bid security in which event the purchaser may make the award to the next lowest evaluated bidder or call for new bids.

Annexure – V

PLAN AND SECTION OF THE MODULES

Selection of Agency for 'Establishment of Artificial Reefs along the coast of Maharashtra' under Dept. of Fisheries, Govt. of Maharashtra६८ महाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५

Annexure -VI

Photographs showing the three types of Artificial Reef Modules

(A) Grouper Fish Module (GFM)

(C) Reef Fish Module (RFM)

(B) Well Ring Module (WRM)

Selection of Agency for 'Establishment of Artificial Reefs along the coast of Maharashtra' under Dept. of Fisheries, Govt. of Maharashtraमहाराष्ट्र शासन राजपत्र भाग दोन-पुरवणी, गुरुवार ते बुधवार, जून १-७, २०२३/ज्येष्ट्ठ ११-१७, शके १९४५ ६९

Government of Maharashtra

Department of Fisheries

Detailed E-tender Notice

Name of Work:- Selection of Agency for 'Establishment of Artificial Reefs along

the coast of Maharashtra' under the Dept. of Fisheries,

Govt. of Maharashtra

E- TENDER File No.: FISH/M/053101/1408/2023

On behalf of the Governor of Maharashtra, the Commissioner of Fisheries, Maharashtra State is inviting an E-tender from eligible Service Providers for the 'Establishment of Artificial Reefs along the coast of Maharashtra'. In this regard, an online E-tender document is published on the website https://mahatenders.gov.in from date 30/05/2023 to 22/06/2023. It is mandatory to submit a bid as prescribed in the E-tender

refunded. The E-tender document is published on the website https://mahatenders.gov.in from date 30/05/2023 to 22/06/2023. It is mandatory to submit an e-tender for the above item.

Sd/-

(Mahesh Deore), Joint Commissioner of Fisheries (Marine), Maharashtra State, Mumbai

क्रमांक मत्स्य/सा/०५३१०१/१४०८/२०२३, ददनांक २९ मे, २०२३.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.