(१)

भाग दोन-(पुरवणी)–१

RNI No. MAHBIL /2009/31731

महाराष्टट्रõ शासन राजपत्र

भाग दोन—पुरवणी

वर््ष ९, अंक ११]

गुरुवार ते बुधवार, जून १-७, २०२३/ज््ययेष््ठ ११-१७, शके १९४५

[पृष््ठठे ६९, किंमत : रुपयये ३५.००

प्राधिकृत प्रकाशन

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,

(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 stipulated. The

Development Commissioner (Inds.) and Central Purchasing

BY THE DIRECTORATE OF INDUSTRIES (C.S.P.O.), NEW ADMINISTRATIVE

BUILDING, MUMBAI 400 032, GOVERNMENT OF MAHARASHTRA

CENTRAL STORES PURCHASE ORGANISATION

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 offer of the defaulting contractor 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 order placed with the tenderer. The Development

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 Central

Purchasing Officer as security deposit and enter into an

agreement for the performance of the contract.

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 permanently registered 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.)

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

(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 prescribed form should be enclosed with the tender.

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.

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 Central

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, which the Development Commissioner (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-contractors though their employment may have been

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 opinion of the Development 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 approved programme 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

Tenderers quoting the requirements of Maharashtra

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 insurance with

Government Insurance Fund, MHADA Building, Mumbai

400 051. However, the supplier will be responsible until the entire

stores contracted for arrive in good condition at Destination.

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.)

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

premature ware, exact fitness and satisfactory

performance of the parts offered other 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 Form, 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

per Tender Enquiry Specification and will 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 correspondence regarding 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

particulars item the same would be applicable

irrespective of the fact that it has not been incorporated

in the tender notice.

(20) The tenderer should invariably quote a list of

documents enclosed with the tender and the list should

be duly signed by the authorised person.

(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 downloaded from the website

www.maharashtra.gov.in such downloaded form

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.

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

made

available

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.

Sr.

Parameters

Details

File No.

FISH/M/053101/1408/2023

Name

Selection of Agency for ‘Establishment of Artificial Reefs along the

coast of Maharashtra’ under Department of Fisheries, Govt. of

Maharashtra

Contact

Details

Mr. Mahesh Deore, Joint Commissioner of Fisheries, Maharashtra

State, Mumbai

Mob: 8888881620 and Email: [email protected]

[email protected]

Important

Dates

Milestone

Date and time (IST)

E-Tender Sale Date

30/05/2023 at 14:00 Hours

E-Tender document download

30/05/2023 at 14:00 Hours

Pre-bid meeting for receipt of

queries/ clarification

05/06/2023 at 2.00 Hours

Last date for Bid Submission

22/06/2023 at 16:00 Hours

Date and time of opening of e-

tender

26/06/2023 at 16:00 Hours

Sd/-

(Mahesh Deore),

Joint Commissioner of Fisheries (Marine),

Maharashtra State, Mumbai

क्रमांक मत््स््य/सा/०५३१०१/१४०८/२०२३,

दिनांक 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.)

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

as “the contractor”) from depositing with the Government in cash the sum of

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

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.

To conduct the deployment of the AR modules in a scientific manner at the

aforementioned 145 sites.

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.

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.

The design of the artificial reef should strive to achieve its objectives with the

minimum occupation of space and interference with the marine ecosystems.

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.

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

of Fisheries.

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.

भाग दोन-(पुरवणी)–२

Section 3:- GENERAL CONDITIONS OF CONTRACT (GCC)

(For High Value Purchase)

Table of Clauses:-

Definitions

Application

Country of origin

Standards

Use of contract documents and information

Patent rights

Performance security

Inspection and tests

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 duties

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.

“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.

“Purchaser” means the buyer named in bidding document and in the corresponding

contract, purchasing the goods ordered and includes its successors and /or assignees.

“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.

“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)–२अ

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.

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 the

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.

10.2

For the purpose of the contract, “FOB”, “CIF”, “CIP” and other trade terms used

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 the

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.

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

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

i. Advance notice to the purchaser of the pending termination in sufficient time

to permit the purchaser to procure needed requirement; and

भाग दोन-(पुरवणी)–२

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 shall

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:

Payment for goods supplied from abroad:

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

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

Supplier’s certificate conforming that the required documents have been sent to all

concerned.

भाग दोन-(पुरवणी)–३अ

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.

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:

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.

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

the

supplier’s

receipt

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.

22.3 If at any time during the performance of the contract, the supplier or its

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.

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 to

perform the contract to the extent not terminated.

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 to

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 in

writing or by cable telex or facsimile and confirmed in writing to the address

भाग दोन-(पुरवणी)–४

3 Types of Modules: -

Type I

Type II

Type III

(A) Grouper Fish Module

(GFM)

(C) Reef Fish Module

(RFM)

(B) Well Ring Module

(WRM)

Length - 1000mm

(OD) – Outer Dia – 430mm

(ID) Inner Dia – 300mm

Thickness – 75mm

RDS – rod Fused pipes

with holes coir loop for

lifting stucco 12mm

plastering 10mm baby jelly

3 slabs 1200mm

8mm dia RDS Rod

75 mm Thickness each

slab has central window

230x230, Periperal Holes

of 150 mm dia.

OD – 890mm

ID – 760mm

Depth – 450mm

Thickness – 75mm

20mm coir rope and loop

for lifting, 8mm dia RDS

rod

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)

Scanned copy of proof of ownership or lease

Poclain (1 nos.)

Truck/Tipper (5 nos.)

Concrete mixture (2 nos.)

Needle Vibrator (5 Nos.)

Water tanker (1 no.)

b. REQUIRED LIST OF TECHNICAL PERSONAL

Sr.No.

Personnel

Qualification

Nos. of Personnel

Site Engineer

B.E. Civil + 10 Yrs. Exp.

Quantity Surveyor

B.E. Civil + 7 yrs. Exp. Or

Dip. Civil + 10 yrs. Exp.

Site Supervisor

Dip. Civil+ 10 yrs. Exp

Office Assistant

Any Graduate + 3 yrs. experience

Total

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?

Please indicate: -Name & full address of your Banker(s)

10.

Whether you:

Manufacture of the goods quoted; or

ii.

Manufacture’s authorized agent for those goods

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

भाग दोन-(पुरवणी)–५

6.1 PRICE SCHEDULE FOR DOMESTIC GOODS OR GOODS OF

FOREIGN ORIGIN LOCATED WITHIN INDIA

Schedule

Item No.

Incidental

services

Country

of origin

Accounting

unit & qty

Ex-total

factory /

duty if &

Quantity

ex-

Excise

sales and

price any

Packing

Inland

transport ^Insurance

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

Schedu

le Item

No.

Count

ry of

origin

Accounti

ng unit

& qty

Price

per

unit

Inland

transporta

tion

Inciden

tal

service

Overa

ll unit

price

Total

price

Indian

agent

name

Indian

agent

comm

Shipment

weight

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.

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)–५अ

6.3 BANK GURANTEE FORM FOR BID SECURITY

Whereas………………………………………………………(name

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)

ANNEXURE III- B:

Experience Summary

Sr.

no.

Project

Name

Client

Name

Start &

End Date

Activities

Relevant to

scope

Contract

Value

(INR)

10.

भाग दोन-(पुरवणी)–६

ANNEXURE - IV (A)

Technical bid format

Sr. No. Description for Document/ Proof to be submitted with Tech

bid

Complied (Yes/

No)

Letter of Technical Proposal Submission

Details of a vendor as per given format

a) Profile and Track Record of the Agency.

b) Case studies of large brands handled, with focus on

results achieved through Digitization of internal files/

records.

c) Detail of award-winning assignment(s) handled, if any

Proof of registration with the GST Department and carry a

valid PAN/ TAN

Certificate of incorporation issued by the Registrar of

Companies along with Memorandum of Articles of

Association

Proof of agency’s turnover during the last three years viz.

2019-20, 2020-21 and 2021-22. A certificate to this effect

from Charted Accountant in original must be submitted.

Copies of Income Tax returns for last three years

An undertaking (self-certificate) that the agency hasn’t been

blacklisted by a central/ state Government institution and

there has been no litigation with any Government

Department

Copies of purchase orders in last three financial years i.e.

2019-20, 2020-21 & 2021-22 and linked satisfactory

completion certificates or work orders or contracts with

details of the projects covering the key criteria may be

submitted as supporting documents to prove relevant

experience in this field for at least 2 years.

Earnest Money Deposit (EMD) for amount of Rs.25,00,000

along with Technical Bid. The EMD may be submitted in

the form of Bank Guarantee from any of the public sector

banks or a private sector bank authorized to conduct

government business as per format. EMD is to remain valid

for a period of 180 days beyond the date of opening of the

tender.

It will be the responsibility of the bidder to renew the Bank

Guarantee from time to time until the completion of the

tender process.

ANNEXURE - IV (B)

Technical bid format

Sr.

No.

Particulars

Details to

be provided

by Vendor

1. To manufacture or procure the Artificial reef modules as per the

design and size specified by the Dept. of Fisheries.

2. To transport the AR modules to the specified locations i.e., 145

sites at the sea along the coast of Maharashtra State.

3. To conduct the deployment of the AR modules in a scientific

manner at the aforementioned 145 sites.

4. To provide 200 AR modules per 145 sites selected by this

Department. The total number of AR modules to be deployed is

29,000 units/modules at 145 sites in Maharashtra covering 720 KM

of coastline area.

5. A single Artificial reef set shall consist of 200 reef modules with a

bulk volume of ~ 400 m³and a surface area of ~ 0.17 Ha.

Artificial Reef:-

3 Types of Modules:-

Type I

Type II

Type III

(A) Grouper Fish

Module (GFM)

(C) Reef Fish

Module

(RFM)

(B) Well Ring

Module

(WRM)

Length - 1000mm

(OD) - Outer Diam -

430mm

(ID)

Inner

Diam

300mm

Thickness - 75mm

RDS - rod Fused pipes

with holes coir loop for

lifting

stucco

12mm

plastering 10mm baby

jelly

3 slabs 1200mm

8mm dia RDS

Rod

75 mm Thickness

each

slab

has

central window

230x230,

Peripheral Holes

of 150 mm dia.

OD – 890mm

ID – 760mm

Depth – 450mm

Thickness – 75mm

20mm coir rope and

loop

for

lifting,

8mm diam RDS rod

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/50kg. 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.

भाग दोन-(पुरवणी)–६अ

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

…….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

Introduction

Source of funds

Eligible goods and services

Cost of bidding

Bidding Documents

Contents of bidding documents

Clarification of bidding documents

Amendments of bidding documents

Preparation of bids

Language of bid

Documents constituting the bid

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

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

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 Award

29. Contacting the Purchaser

Section 7:-

INSTRUCTIONS TO BIDDERS (ITB)

INTRODUCTION:-

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:-

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 shall

govern.

Documents constituting the bid

8.1

The bid submitted by the bidder shall comprise of the following documents

a bid form and price schedule in accordance with ITB clause, 9, 10 and 11

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.

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.

Bid security furnished in accordance with ITB clause 15.

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-

भाग दोन-(पुरवणी)–७

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;

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)–७अ

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) criteria

are mentioned below:

Sr.

No.

Description

Document/ Proof

1. The Bidder should be a sole bidder. The

Bidder must be a registered legal entity in

India. (Indian Companies Act, 1956 or

2013) or Partnership firms registered

under LLP Act 2008 or India Partnership

Act, 1932.

The Bidder must also be registered for

Goods and Services Tax (GST) and any

other requirements as stipulated by the

Government.

Certificate

Incorporation/

Registration under Companies Act

issued by the Registrar of companies

along with Memorandum of Articles

of Association.

Copy of the Certificate of Companies

registered under Partnership Act. and

PAN, GST Number.

Details are to be submitted in the

format provided in Technical Bid.

2. The Bidder’s minimum average annual

turnover should be INR 20 Crore in the

last three years viz, 2019-20, 2020-21 and

2021-22.

Audited Financial Statements/ CA

certificate specifying the same for

the last three years (2019-20, 2020-

21 and 2021-22).

3. An undertaking (self-certificate) that the

Bidder hasn’t been blacklisted by a

central/ state Government institution and

there has been no litigation with any

Government Department.

The Bidder should also not have any

negative remarks from other Private

sector clients regarding non-completion

of work across India.

Details of self-declaration by Bidder

to be submitted in Technical Bid:

Declaration that the bidder has not

been blacklisted, on the company

letterhead, signed by Authorized

signatory.

4. Since

the

entire

Project

requires

immensely

skilled

and

thoroughly

professional precision in the placement of

the AR in the right locations, the Bidder,

should be the owner and operator of

various types of Marine Spread, viz

mainly Flat Top Pontoons, Cranes, Tugs,

Survey Boat, Survey Equipments, scuba

for surveillance and monitoring etc, and

must have completed at least twenty

years in the business of implementation

and operations of similar technology

projects for fisheries / any other marine

sectors in India for Government Ports.

Copies of purchase orders/ work

orders/

contracts/

satisfactory

completion certificates for clients

may be submitted as supporting

documents.

5. The Bidder shall furnish Earnest Money

Deposit (EMD) Earnest Money Deposit

(EMD) for the amount of INR 25,00,000

(Rs.Twenty Five Lakhs).

The EMD may be submitted in the form

of Bank Guarantee from any of the public

sector banks or a private sector bank

authorized

conduct

government

UTR number of Online payment

(NEFT/ RTGS) on the Mahatender

portal.

business as per format.

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:

Sr.

No.

Criteria

Evaluation

Parameters

Max.

marks

Document /

Proof

2. Financial Turnover:

The Bidder’s minimum average

annual turnover should be INR 20

Crore in the last three years viz,

2019-20, 2020-21 and 2021-22.

upto INR 20 Cr

= 3 marks

up to INR 35 Cr

= 5 marks

above INR 50 Cr

= 10 marks

Audited

Financial

Statements/

CA certificate

specifying the

same for the

last

three

years

(2019-

20,

2020-21

and 2021-22).

3. Relevant Experience:

The Bidder must have completed at

least two years in the business of

implementation and operation of

similar

technology

projects

for

fisheries and allied sectors in India.

Government,

Semi-Government

and Private sector experience are

considered.

20-22 years = 3

marks

23-25 years = 5

marks

26-30 years = 10

marks

Copies

work

order/agreeme

nt/ completion

certificate

from

the

client.

4. The bidder should have all the

equipments,

machinery,

relevant

infrastructure

facilities

for

the

deployment of Artificial Reef in sea.

(e.g.:- Flat Top Pontoons, Cranes,

Tugs,

Survey

Boat,

Survey

Equipments, scuba for surveillance

and monitoring etc)

Flat Top

Pontoons = 2

Cranes = 2

Tugs = 2

Survey Boat = 3

Survey

Equipments = 3

scuba for

surveillance and

monitoring = 2

Other essential

equipment = 6

5. A detailed presentation on Ideas,

Concepts,

Approaches

and

Methodology for

the successful

execution of a project, including an

approach

for

identifying

beneficiaries,

implementation

technology, WEB application, vessel

monitoring

technology

demonstration etc.

Detailed

Presentation = 10

marks

Presentation

to be given to

Technical

Committee

Total Marks

The minimum Qualifying Marks shall be 30

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.

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

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:

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.

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:

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

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:

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

The Bidder withdraws or modifies the offer after the opening of a bid but before

acceptance of a bid.

When the Bidder does not execute the agreement if any, prescribed within the

specified time.

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.

When the Bidder fails to sign the contract or furnish Performance Bank Guarantee,

within the specified time period in the E-tender.

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.

Tender Opening-

भाग दोन-(पुरवणी)–८

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.

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.

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:

Addressed to the purchaser at the address given in the schedule of requirements

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.

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)–९

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.

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;

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

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.

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.

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 and

technical parameters of the goods as projected in the bidding document without

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

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.

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;

In this case of goods manufactured in India or goods of foreign origin already

located in India, sales tax& other similar taxes and excise duly & other similar

duties, which will be payable on the goods if a contract is awarded to the bidder; and

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.

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. Or

भाग दोन-(पुरवणी)–१०

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.

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.

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.

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.

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.

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.

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

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.

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.

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 agreements

between the parties.

भाग दोन-(पुरवणी)–१०अ

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.

क्रमांक मत््स््य/सा/०५३१०१/१४०८/२०२३,

दिनांक २९ मे, २०२३.

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

document for the above item.

Sr.

no.

Name of Work

Estimated cost

(Rs.)

Earnest

Money (Rs.)

Time Limit in

Tender (Calendar

Months)

Selection

Agency

for

‘Establishment of Artificial Reefs

along the coast of Maharashtra’

under the Dept. of Fisheries, Govt.

Maharashtra

coastal

districts of the State.

38,55,253/- per reef

site

For 145 reef sites

= 55,90,11,685/-

25,00,000/-

(Twelve)

Months

including

Monsoon

1. Equipment Solution

Services for coastal marine districts (Palghar, Thane,

Mumbai Suburban, Mumbai City, Raigad, Ratnagiri

and Sindhudurg)

2. The cost of the tender form

Rs. 20,000/-

3. E-Tender Sale Date:

Date:30/05/2023 (14:00 Hrs) to22/06/2023 (16:00 hrs)

4. The last date for Bid Submission Date and time:22/06/2023 till 16:00 hrs

5. Date and time of opening of e-

tender

Date and time: 26/06/2023 upto 16:00 hrs (if possible)

6. Security deposit amount (3%)

as required

After completion of the tender process, the deposited amount paid by online mode will be

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