no. gte/2018-19/electronic fuze 120mm/ofdr dtd: 11...

No. GTE/2018-19/ELECTRONIC Fuze 120mm/OFDR Dtd: 11.07.2018 of 33

आयुध �नमा�णी देहुरोड पुणे 412101 ORDNANCE FACTORY DEHUROAD, PUNE – 412101

(Phone : 020 - 27671206 / 209 Fax : 020 - 27671616 / 3838) (E–mail : [email protected], [email protected])

आयधु �नमा�णी बोड� क� एक इकाई A Unit Of Ordnance Factory Board

भारतीय आयुध �नमा��णयॉ ंर� ा मं�ालय Indian Ordnance Factories, Ministry of Defence

GLOBAL TENDER ENQUIRY FOR SUPPLY OF

ELECTRONIC TIME & PERCUSSION (FILLED) FUZE FOR 120MM MORTAR BOMB ILLUMINATING AMMUNITION

TENDER ENQUIRY NO.2018000154 Dtd: 20.08.2018

The General Manager, Ordnance Factory Dehuroad, Pune (M.S.) for and on behalf of The President of India invites quotation for Global Tender Enquiry in Two bid system for supply of the under mentioned item/s. The details regarding participation in this tender and details of the tender such as Pre Qualification Criteria, Terms and Conditions, Scope of work are available on our web site https://ofbeproc.gov.in and http://eprocure.gov.in

1) PARTICULARS OF THE BUYERS ISSUING THE TENDER ENQUIRY:-

1.1 Invitation of Bids for Supply of

ELECTRONIC TIME & PERCUSSION (FILLED) FUZE FOR 120MM MORTAR BOMB ILLUMINATING AMMUNITION TO MEET THE END USE REQUIREMNT OF MECHANICAL FUZE T&P DA NO. 213-P MK-5 (M-4) FILLED FOR M.B.120MM ILLUMINATING OFDR Item Code: 6312014069

1.2 Tender Notice No. 2018000154 Dtd: 20.08.2018

1.3 This is a Global Tender Enquiry for Source Development.

1.4 Bids are invited for supply of items listed in Part II of this Tender.

1.5 Bidders may note that this tender is to be submitted under e-procurement on OFB e-procurement web site https://ofbeproc.gov.inmode bidders may note that this tender is to be submitted under Two Bid System i. e. Technical Bid and Price Bid. Both the bids are to be submitted online separately.

1.6 Time & Last date of Receipt of Tenders 14:00 Hrs on 05.10.2018 at OFDR Pune (e-procurement)

1.7 Time, date & Place of Opening of Tender 14:30 Hrs on 05.10.2018 at OFDR Pune (e-procurement)

1.8 The address and contact numbers for seeking clarifications regarding this TE are given below –

i. Bids/queries to be addressed to: THE GENERAL MANAGER

ii. Postal address for seeking clarifications: Ordnance Factory Dehu Road, Ministry of Defence, Pune, Maharashtra (India) Pin – 412101

iii. Name/designation of the contact personnel: Ashish Kumar Singh; WM

iv. Telephone numbers of the contact personnel: +91-20 –27167768 / 7268 / 7568/ 7225

v. e-mail ids of contact personnel: [email protected], [email protected]

vi. Fax number: +91-20 – 27671616,27673838

1.9 This TE is divided into seven parts as follows:-

Part I Pre-qualification Criteria (Technical Bid).

Part II Contains General Information and Instructions for the Bidders about the TE such as the time, place of submission and opening of tenders, Validity period of tenders, etc.


Part III Contains essential details of the items/services required, such as the Schedule of Requirements (SOR), Technical Specifications, Delivery Period, Mode of Delivery and Consignee details.

Part IV Contains Standard Conditions of TE, which will form part of the Contract with the successful Bidder.

Part V Contains Special Conditions applicable to this TE and which will also form part of the contract with the successful Bidder.

PART VI Contains Evaluation Criteria and Format for Price Bids.

PART VII Contains Technical Parameters and compliance statement.

1.10 This TE is being issued with no financial commitment and the Buyer reserves the right to change or vary any part thereof at any stage. Buyer also reserves the right to withdraw the TE, should it become necessary at any stage.

1.11 The General Manager Ordnance Factory Dehu Road reserves the right to reject any bid without assigning any reason thereof.

1.12 Mere submission of any offer does not entitle the tenderer of any right to any consideration of their offer.

1.13 However non-submission of any details asked in this tender may entail the offer being summarily rejected.

1.14 Only original manufacturers of the subject item are eligible to participate in this Global Tender Enquiry (GTE). No Dealers/traders etc are eligible to participate in this GTE.

1.15 Firm should regularly visit the website http://ofbeproc.gov.in for any further instructions & corrigendum/amendment. All further instructions/corrigendum will be published on above website only.

1.16 In case of Non- Compliance to any terms & conditions of GTE; General Manger, OFDR reserves all rights to reject the offer without assigning any reason thereof.

1.17 This tender is being issued with no financial commitment and OFDR reserves the right to withdraw tender and change or vary any part thereof or foreclose the GTE at any stage. THIS TENDER IS NOT TRANSFERABLE.

UTAPAAL SRIVASTAVA JT. GENERAL MANAGER

FOR GENERAL MANAGER, ORDNANCE FACTORY DEHUROAD

FOR & ON BEHALF OF THE PRESIDENT OF INDIA


2. PART- I

PREQUALIFICATION CRITERIA OF THE TENDERERS FOR ELIGIBILITY FOR PARTICIPATING IN THE GTE:

2.1 TRADERS ARE NOT ELIGIBLE AND NEED NOT TO PARTICIPATE FOR THIS TENDER ENQUIRY, THEIR OFFER WILL BE IGNORED DURING THE TIME OF FINALISATION OF THE CASE.

2.2 The requirements outlined in the following paragraphs should be filled in with diligence by the firm and may be verified physically if so required at the discretion of the purchaser. Necessary evidence shall be submitted along with the tender for consideration.

2.3 Essential Parameters:

a) The firm should be of repute and should have sufficient experience of manufacturing and supplying the above stated item to end user. In this regard, the firm should submit documentary evidence (such as copy of supply orders and satisfactory completion certificates/ Inspection Notes etc.) showing that the firm has successfully executed at least two supply orders for the filled ELECTRONIC fuze for mortar Bomb 120mm Illuminating with minimum Qty. 2000 nos. to any armed forces/Ordnance Factories/ Government organizations in last 03 years. The firm should also enclose the list of the orders executed by them for same/similar store in past.

b) The firm should have requisite facilities to manufacture /testing and shop inspection as per national/international standards. The firm should submit details of plant & machinery and testing equipment etc.

c) The firm should have all required statutory permission such as export license, explosive handling certificate for defence export to India from respective country.

d) The firm should be Original Equipment Manufacturer (OEM) or Government designated agency for manufacturing of ELECTRONIC Fuze for Mortar Bomb 120mm illuminating. The fuze being offered should be in service with any Armed Forces of the world.

e) The firm should not be debarred, banned, suspended or blacklisted by Ministry of Defence, Government of India and undertaking of same should be submitted along-with technical bid.

2.5 Firm should submit / upload documents for assessing his financial capabilities i.e. Balance sheet of last three years, Income tax return for last three years, profit and loss statement. The firm should have average turn-over of at least of 30% of estimated value.

(3) Part II GENERAL INFORMATION

3.1 Last date and time for depositing the Bids:

14:00 hrs on 05.10.2018 through OFB e-procurement website http://ofbeproc.gov.in. The Bids should be submitted by the due date and time. The responsibility to ensure this lies with the Bidder.

3.2 Manner of depositing the Bids:

Bids should be submitted through e-procurement mode only in web site www.ofbeproc.gov.in by the due date and time. Bids sent by FAX or e-mail or in sealed envelope will not be considered.

3.3 Time and date for opening of Tender:

14:30 Hrs. on 05.10.2018 at OFDR Pune. Bid will be opened on the declared date. However, General Manger, OFDR reserves all rights to amend the tender opening date without assigning any reason thereof.

3.4 Two Bid : In case of two bid system, only Technical Bid would be opened on the scheduled time and date as mentioned above. Date of opening of the Commercial Bid will be intimated after acceptance of the Technical Bids. Commercial Bids of only those firms will be opened; whose technical bids are found compliant /suitable after Technical evaluation is done by the buyer.

3.5 Clarification regarding contents of the TE:

A prospective bidder who requires clarification regarding the contents of the bidding documents shall notify to the Buyer in writing about the clarifications sought not later than 14 (fourteen) days prior to the date of opening of the Bids. Corrigendum of clarification will be uploaded on OFB e-proc Portal.


3.6 Withdrawal of Bids: A bidder may withdraw his bid prior to deadline prescribed for submission of bids. No bid can be withdrawn in the interval between the deadline for submission of bids and expiration of the period of bid validity specified. Withdrawal of a bid during this period will result in Bidder’s forfeiture of bid security.

3.7 Clarification regarding contents of the Bids:

During evaluation and comparison of bids, the Buyer may, at its discretion, ask the bidder for clarification of his bid. The request for clarification will be given in writing and no change in prices or substance of the bid will be sought, offered or permitted. No post-bid clarification on the initiative of the bidder will be entertained.

3.8 Forwarding of Technical Documents:

Hard copies of technical Documents should be forwarded by Bidders under their original memo/letter pad inter alia furnishing details like TIN No.PAN/GSTN No., Bank Address with EFT Account if applicable, etc and complete postal address and e-mail address of their office.

3.9 Rejection of Bids: Canvassing by the Bidder in any form, unsolicited letter and post-tender correction may invoke summary rejection with forfeiture of EMD. Conditional tenders will be rejected.

3.10 Validity of Bids: The Bids should remain valid till 180 days from the last date of submission of the Bids.

3.11 Earnest Money Deposit: i. Bidders are required to submit Earnest Money Deposit (EMD) for amount of INR 3439200.00/- or

equivalent amount in USD/EURO.

ii. The EMD may be submitted in the form of an Account Payee Demand Draft, Fixed Deposit Receipt, Banker's Cheque or Bank Guarantee from any of the public sector banks or a private sector bank authorized to conduct government business as Performa OFBPM-13 (Available in OFB website and can be provided on request).

iii. EMD is to remain valid for a period of forty-five days beyond the final bid validity period.

iv. EMD of the unsuccessful bidders will be returned to them at the earliest after expiry of the final bid validity and latest on or before the 30th day after the award of the contract. The Bid Security of the successful bidder would be returned, without any interest whatsoever, after the receipt of Performance Security from them as called for in the contract.

v. EMD is not required to be submitted by those Bidders who are registered with Ordnance Factories, the Central Purchase Organization (e.g. DGS&D), National Small Industries Corporation (NSIC) or concerned Departments or Ministries of the Government of India. EMD/Exemption Certificate should reach physically to OFDR on or before last date & time of EMD submission. (Certified copy of valid registration with NSIC / OFB / DGS&D / SSI / or with any central government agencies is required if seeking exemption from EMD).

vi. The EMD will be forfeited if the bidder withdraws or amends impairs or derogates from the tender in any respect within the validity period of their tender.

vii EMD or Certified copy of valid registration with NSIC / OFB / DGS&D / SSI / with any central government agencies is required if seeking exemption from EMD; should reach before opening of technical bid.

3.12 Tender documents can be downloaded from website: https://ofdbeproc.gov.in.


4) Part III Essential Details of Items/Services required

4.1 REFERENCE ITEM DESCRIPTION QTY. REQD IN NOS.

EMD to be submitted

TE No.****** ELECTRONIC TIME & PERCUSSION (FILLED) FUZE FOR 120MM MORTAR BOMB ILLUMINATING AMMUNITION TO MEET THE END USE REQUIREMNT OF MECHANICAL FUZE T&P DA NO. 213-P MK-5 (M-4) FILLED FOR M.B.120MM ILLUMINATING OFDR Item Code: 6312014069

2000 Nos. INR 1603620.00/-

4.2

Delivery Period: Delivery period for supply of items would be 06 months from the date of placement of order. Please note that intimation of placement of supply order via email/fax will be treated as date of placement of supply order. Also, note that Contract can be cancelled unilaterally by the Buyer in case items are not received within the contracted delivery period. Extension of contracted delivery period will be at the sole discretion of the Buyer, with applicability of LD clause.

4.3

I. After contract is finalized; Vendor would be required to provide Quality Assurance Plan (QAP) i.e. tests undertaken to assure quality and reliability of various input materials (Hardware & explosives/detonators etc.) required for the fuze. Bidders would also require to provide the standard Acceptance Test Procedure (ATP). OFDR in consultation with firm reserves the right to modify the ATP for fully formed Fuze and sub-components of the fuze, if necessary to ensure the required quality relevant to the governing specifications. All requisite documents to be provided within 30 days of placement of order. Please also refer clause no. 6.17 of this GTE/RFP.

II. Raw material testing & inspection will be done (as per specification of offered fuze) by firm in

nationally/internationally recognized laboratory and certificate/test report to be forwarded to OFDR , within 45 days of placement of order.

III. Vendor would be required to provide all tests and proof facilities at OEM premises for

acceptance, inspection by PDI team to conformance of the product as per relevant specification. Details in this regard will be coordinated after placement of contract.

For Indigenous Vendors: The firm will offer the bulk ordered quantity for inspection and sampling at firm’s premises. The random sampling from the offered bulk will be done by OFDR’s representative at firm premises and same will be subjected to timing & other test as specified. The samples will be forwarded to OFDR for dynamic proof as per the proof schedule No. CIA/PS/F2/100/2 (attached). Acceptance of the lot will be based on the Inspection/Acceptance of the proof sample by buyer’s Quality Assurance Authority of the end store.

PRE-DISPATCH INSPECTION CLAUSE (for foreign vendors):

a. The fuze being a critical item, correctness of assembly and presence of all components are checked with X-ray. The firm should carry out 100% X-ray of filled fuzes at their premises before offering the consignment for inspection. The X-ray films with clear identification Lot no. & serial no. of fuzes to be made available to PDI team and shall be dispatched along-with consignment as a part of pre-dispatch documents. In case of digital X-ray, firm should submit soft copy of digitised X-ray of each fuze. The film should certify the presence of all components as per relevant drawing and specification with specified safety. Static Detonation proof of the Fuze sample in assembly will be done during PDI.


b. Vendor is required to ensure the offered electronic fuze fulfil the technical parameters and documentary evidences of same may be provided before calling PDI. :

c. Vendor is required to ensure the quality tests of components, sub-assemblies and finished

products before offering for the PDI. During PDI, the customer prefers to check timing & other specified test. Following quality parameters as per OEM specification /with sampling size as per DEF-131 for the subject fuze are relevant for testing: i. Visual examination and dimensional check ii. Checking/testing of various safeties during service handling iii. Jolt testing to check safety and strength of the units and parts required service handling iv. Time regulation test v. Time Safety test vi. Non-Arming Test vii. Arming test viii. Static Detonation test ix. Dynamic Proof test in line with dynamic proof schedule No. CIA/PS/F2/100/2 (attached)

and submit the satisfactory test report/result for dispatch clearance by Buyer.

d. On receipt of bulk dispatch clearance by Buyer; the vendor will dispatch the Lot to Buyer.

4.4 INCOTERMS for Delivery and Transportation : CIF – Mumbai Port/Cochin: for foreign Firms F.O.R. – OFDR, Pune : for indigenous Firms

4.4 Consignee details : The General Manager,

Ordnance Factory Dehu Road, Pune- 412 101,

Maharashtra, India

5) Part IV – Standard Conditions of TE

5.1 The Bidder is required to give confirmation of their acceptance of the Standard Conditions of the Request for Proposal mentioned below which will automatically be considered as part of the Contract concluded with the successful Bidder (i.e. Seller in the Contract) as selected by the Buyer. Failure to do so may result in rejection of the Bid submitted by the Bidder.

5.2 Law: The Contract shall be considered and made in accordance with the laws of the Republic of India. The contract shall be governed by and interpreted in accordance with the laws of the Republic of India.

5.3 Effective Date of the Contract: The contract shall come into effect on the date of signatures of both the parties on the contract (Effective Date) and shall remain valid until the completion of the obligations of the parties under the contract. The deliveries and supplies and performance of the services shall commence from the effective date of the contract. Please note that intimation of placement of supply order via email/fax will be treated as date of placement of supply order and the firm will submit their acceptance within 07 days, otherwise it will be presumed that the order is acceptable to the seller.

5.4 Arbitration: All disputes or differences arising out of or in connection with the Contract shall be settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to the Contract or relating to construction or performance, which cannot be settled amicably, may be resolved through arbitration. The standard clause of arbitration is as per forms OFBPM-32, OFBPM-33 and OFBPM-34 (available in OFB website and can be provided on request).


5.5 Penalty for use of Undue influence: The Seller undertakes that he has not given, offered or promised to give, directly or indirectly, any gift, consideration, reward, commission, fees, brokerage or inducement to any person in service of the Buyer or otherwise in procuring the Contracts or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the present Contract or any other Contract with the Government of India for showing or forbearing to show favour or disfavour to any person in relation to the present Contract or any other Contract with the Government of India. Any breach of the aforesaid undertaking by the Seller or any one employed by him or acting on his behalf (whether with or without the knowledge of the Seller) or the commission of any offers by the Seller or anyone employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or any other Act enacted for the prevention of corruption shall entitle the Buyer to cancel the contract and all or any other contracts with the Seller and recover from the Seller the amount of any loss arising from such cancellation. A decision of the Buyer or his nominee to the effect that a breach of the undertaking had been committed shall be final and binding on the Seller. Giving or offering of any gift, bribe or inducement or any attempt at any such act on behalf of the Seller towards any officer/employee of the Buyer or to any other person in a position to influence any officer/employee of the Buyer for showing any favour in relation to this or any other contract, shall render the Seller to such liability/ penalty as the Buyer may deem proper, including but not limited to termination of the contract, imposition of penal damages, forfeiture of the Bank Guarantee and refund of the amounts paid by the Buyer.

5.6 Agents / Agency Commission: The Seller confirms and declares to the Buyer that the Seller is the original manufacturer of the stores/provider of the services referred to in this Contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the Government of India or any of its functionaries, whether officially or unofficially, to the award of the contract to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward, fees, commission or consideration to such person, party, firm or institution, whether before or after the signing of this contract, the Seller will be liable to refund that amount to the Buyer. The Seller will also be debarred from entering into any supply Contract with the Government of India for a minimum period of five years. The Buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such an event be liable to refund all payments made by the Buyer in terms of the Contract along with interest at the rate of 2% per annum above LIBOR rate. The Buyer will also have the right to recover any such amount from any contracts concluded earlier with the Government of India.

5.7 Access to Books of Accounts: In case it is found to the satisfaction of the Buyer that the Seller has engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses relating to Agents/Agency Commission and penalty for use of undue influence, the Seller, on a specific request of the Buyer, shall provide necessary information/ inspection of the relevant financial documents/information.

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

5.9 Liquidated Damages: In the event of the Seller’s failure to submit the Bonds, Guarantees and Documents, supply the stores/goods and conduct trials, installation of equipment, training, etc as specified in this contract, the Buyer may, at his discretion, withhold any payment until the completion of the contract. The BUYER may also deduct from the SELLER as agreed, liquidated damages to the sum of 0.5% of the contract price of the delayed/undelivered stores/services mentioned above for every week of delay or part of a week, subject to the maximum value of the Liquidated Damages being not higher than 10% of the value of delayed stores.


5.10 DISTRIBUTION : The tendered Qty. may be distributed on two firms in the ratio of 70:30 viz. Supply order for 70% of TE Qty. to L-1 firm and balance 30% of TE Qty. to L-2 firm on acceptance of L-1 rate. However General Manager reserves the right to distribute the quantity according to the merit of the case.

5.11 Termination of Contract: The Buyer shall have the right to terminate this Contract in part or in full in any of the following cases:- a) The delivery of the material is delayed for causes not attributable to Force Majeure for more than

(2 months) after the scheduled date of delivery. b) The Seller is declared bankrupt or becomes insolvent. c) The delivery of material is delayed due to causes of Force Majeure by more than (3 months)

provided Force Majeure clause is included in contract. d) The Buyer has noticed that the Seller has utilized the services of any Indian/Foreign agent in getting

this contract and paid any commission to such individual/company etc. e) As per decision of the Arbitration Tribunal.

5.12 Notices :

Any notice required or permitted by the contract shall be written in the English language and may be delivered personally or may be sent by FAX/email or registered pre-paid mail/airmail, addressed to the last known address of the party to whom it is sent.

5.13 Transfer and Sub-letting: The Seller has no right to give, bargain, sell, assign or sublet or otherwise dispose of the Contract or any part thereof, as well as to give or to let a third party take benefit or advantage of the present Contract or any part thereof.

5.14 Patents and other Industrial Property Rights: The prices stated in the present Contract shall be deemed to include all amounts payable for the use of patents, copyrights, registered charges, trademarks and payments for any other industrial property rights. The Seller shall indemnify the Buyer against all claims from a third party at any time on account of the infringement of any or all the rights mentioned in the previous paragraphs, whether such claims arise in respect of manufacture or use. The Seller shall be responsible for the completion of the supplies including spares, tools, technical literature and training aggregates irrespective of the fact of infringement of the supplies, irrespective of the fact of infringement of any or all the rights mentioned above.

5.15 Amendments: No provision of present Contract shall be changed or modified in any way (including this provision) either in whole or in part except by an instrument in writing made after the date of this Contract and signed on behalf of both the parties and which expressly states to amend the present Contract.

5.16 Taxes and Duties: In respect of Indigenous bidders : i) General 1. Bidders must indicate separately the relevant Taxes/Duties likely to be paid in connection with

delivery of completed goods specified in RFP. In absence of this, the total cost quoted by them in their bids will be taken into account in the ranking of bids.

2. If a Bidder is exempted from payment of any duty/tax upto any value of supplies from them, he should

clearly state that no such duty/tax will be charged by them up to the limit of exemption which they may have. If any concession is available in regard to rate/quantum of any Duty/tax, it should be brought out clearly. In such cases, relevant certificate will be issued by the Buyer later to enable the Seller to obtain exemptions from taxation authorities.

3. Any changes in levies, taxes and duties levied by Central/State/Local governments such as GST, Service tax, Octoroi/entry tax, etc on final product upwards as a result of any statutory variation taking place within contract period shall be allowed reimbursement by the Buyer, to the extent of actual quantum of such duty/tax paid by the Seller. Similarly, in case of downward revision in any such duty/tax, the actual quantum of reduction of such duty/tax shall be reimbursed to the Buyer by the Seller. All such adjustments shall include all reliefs, exemptions, rebates, concession etc, if any, obtained by the Seller. Section 64-A of Sales of Goods Act will be relevant in this situation.


4. Levies, taxes and duties levied by Central/State/Local governments such as GST, Service tax, Octroi/entry tax, etc on final product will be paid by the Buyer on hould, based on relevant documentary evidence. Taxes and duties on input items will not be paid by Buyer and they may not be indicated separately in the bids. Bidders are required to include the same in the pricing of their product.

ii. ) Octroi Duty & Local Taxes

1. Normally, materials to be supplied to Government Departments against Government Contracts are exempted from levy of town duty, Octroi Duty, Terminal Tax and other levies of local bodies. The local Town/Municipal Body regulations at times, however, provide for such Exemption only on production of such exemption certificate from any authorized officer. Seller should ensure that stores ordered against contracts placed by this office are exempted from levy of Town Duty/Octroi Duty, Terminal Tax or other local taxes and duties. Wherever required, they should obtain the exemption certificate from the Buyer, to avoid payment of such local taxes or duties.

2. In case where the Municipality or other local body insists upon payment of these duties or taxes

the same should be paid by the Seller to avoid delay in supplies and possible demurrage charges. The receipt obtained for such payment should be forwarded to the Buyer without delay together with a copy of the relevant act or by-laws/notifications of the Municipality of the local body concerned to enable him to take up the question of refund with the concerned bodies if admissible under the said acts or rules.

iii. Customs Duty:

1. For imported stores offered against forward delivery, the Bidder shall quote prices thereof exclusive of customs duty. The Bidder shall specify separately the C.I.F. prices and total amount of customs duty payable. They will also indicate correctly the rate of customs duty applicable along with Indian Customs Tariff Number. Customs duty as actually paid will be reimbursed on production of necessary documents i.e. (i) Triplicate copy of the Bill of Entry, (ii) copy of bill of lading; (iii) a copy of foreign principle’s invoice. However, if the Bidder imports the stores in question against his own commercial quota Import Licences, he will also be required to submit in addition the triplicate copy of bills of entry etc. a certificate from his Internal Auditor on the bill itself, to the effect that the following items/quantity in the bill of entry related to the stores imported against Defence Buyer contract number…………………………….. dated…………..

2. Subsequent to the reimbursement of customs duty, the Bidder will submit to the concerned

Payment Authority a certificate to the effect that he has not obtained any refund of customs duty subsequent to the payment of duty to the Customs authority by him. In addition, he shall also submit to the Paying Authority concerned a certificate immediately after a period of three months from the date of payment of the duty to customs authorities to the effect that he has not applied for refund of the customs duty subsequent to the payment of duty to the customs authorities by him.

3. In case the Bidder obtains any refund of customs duty, subsequently to the payment of the same

by him to the customs authorities and reimbursement of the customs duty to him by the Payment Authority, he should forthwith furnish the details of the refund obtained and afford full credit of the same to the Buyer.

In respect of Foreign Bidders: All taxes, duties, levies and charges which are to be paid for the delivery of goods, including advance samples, shall be paid by the parties under the present contract in their respective countries.

5.17 Pre-Integrity Pact Clause:

An “Integrity Pact” would be signed between the Ministry of Defence/Buyer and the Bidder for purchases exceeding INR 50,000,000=00 (RUPEES FIVE CRORE). This is a binding agreement between the Buyer and Bidders for specific contracts in which the Buyer promises that it will not accept bribes during the procurement process and Bidders promise that they will not offer bribes. Under this Pact, the Bidders for specific services or contracts agree with the Buyer to carry out the procurement in a specified manner. The Format of Pre-Integrity Clause will be as per attached ANNEXURE.


6) Part V

Special Conditions of GTE The Bidder is required to give confirmation of their acceptance of Special Conditions of the TE mentioned below which will automatically be considered as part of the Contract concluded with the successful Bidder (i.e. Seller in the Contract) as selected by the Buyer. Failure to do so may result in rejection of Bid submitted by the Bidder.

6.1 Performance Guarantee: - The firm will submit PBG/PSD within 30 days from effective date of Contract. a. Indigenous cases :-

The Bidder will be required to furnish a Performance Guarantee by way of Bank Guarantee through a public sector bank or a private sector bank authorized to conduct government business (ICICI Bank Ltd., Axis Bank Ltd or HDFC Bank Ltd.) for a sum equal to 10% of the contract value within 30 days of receipt of the confirmed order. Performance Bank Guarantee should be valid up to 60 days beyond the date of warranty. The specimen of PBG is given in Form OFBPM-3 (Available in MoD website and can be provided on request).

b. Foreign Cases :-

i. The seller will be required to furnish a Performance Guarantee by way of a Bank Guarantee from Seller’s Bank through an internationally recognized (as per advise received from SBI, Foreign Division Branch regarding acceptability of the bank guarantee) in favour of PCA (Fys), Kolkata (Government of India, Ministry of Defence).

ii. In case the advice of the SBI is that the guarantee is not from a bank of international repute with satisfactory country rating and/ or a confirmation of a reputed Indian Bank if required to be obtained, then the guarantee will be got confirmed (by the seller at his cost) by an Indian Public Sector Bank or a private sector bank duly authorised by RBI to conduct Government business (ICICI Bank Ltd./ Axis Bank Ltd./HDFC Bank Ltd.) equal to 10% (ten percent) of the total value of the contract within 30 days of placement/signing of contract.

iii. The bank guarantee as Performance Bank Guarantee shall remain valid for 30 days after acceptance of goods in JRI of the last consignment. Thereafter, it will get converted into warranty/Bank Guarantee which shall be valid up-to 60 days beyond the warranty period of the last consignment.

iv. The performance-cum-Warranty Bank Guarantee shall be considered open up-on receipt by the buyer’s bank. In case of any claims or any other contract obligations are outstanding , the seller will extend the Performance –cum-warranty bank Guarantee as asked for by the buyer till such time as seller settles all claims and completes all obligations.

v. The Performance –cum-warranty bank Guarantee will be subject to encashment by the Buyer, in case the conditions regarding adherence to delivery schedule, settlements of claims and other provisions of the contract are not fulfilled by the seller.

vi. The specimen of the PBG is given in the form OFBPM-3. (Available on OFB website and can be provided on request).

Note:

i. Performance Bank Guarantee (PBG) is to be deposited in Favour of PCA(Fys.), Kolkata ii. PBG is initially applicable for Basic quantity only, subsequent to operation of Option clause, Bank

Guarantee has to be suitably re-validated in terms of value & period of the contract. The amount of PBG to be obtained would include the option clause i.e. PBG amount will be determined on the basis of original contract value + option clause value. Such PBG will be retained till 60 days after completion of the contractual obligation including that for the operation of option clause.

iii. The PSD may be deposited to in the name of PCA (Fys.), Kolkta as per following particulars:

Name of Accounts Holder

Name of Bank Bank Address Accounts No. IFS Code

PR. C.D.A. (FACTORIES CALCUTTA)

STATE BANK OF INDIA

1, STRAND ROAD, SAMRIDDHI BHAWAN, KOLKATA-01

11143631545 SBIN0014524


6.2 Option Clause: The contract will have an Option Clause, wherein the Buyer can exercise an option to procure an additional 50% of the original contracted quantity in accordance with the same terms & conditions of the present contract. This will be applicable within the currency of contract. The Bidder is to confirm the acceptance of the same for inclusion in the contract. It will be entirely the discretion of the Buyer to exercise this option or not.

6.3 Repeat Order Clause: NOT APPLICABLE 6.4 PAYMENT TERMS: Payment will be made within 30 days on receipt and acceptance of material at OFDR.

The following clauses will also be applicable. FOR INDIGENOUS SELLERS:- a. 100% payment will be made within 30 days on receipt & acceptance of material at the consignee’s

premises along-with requisite document such as inspection note, warranty certificate etc. and availability of requisite document whichever is later.

b. It will be mandatory for the Bidders to indicate their bank account numbers and other relevant e-

payment details so that payments could be made through ECS/EFT mechanism instead of payment through cheques, wherever feasible. A copy of the model mandate form prescribed by RBI to be submitted by Bidders for receiving payments through ECS is at Form OFBPM-23A (Available in OFB website and can be given on request). The payment will be made as per the following terms, on production of the requisite documents: 100% payment on delivery and acceptance by the user. NO PAYMENT WILL BE MADE THROUGH BANK AGAINST DISPATCH DOCUMENTS.

FOR FOREIGN SELLERS :- a. 100% payment will be made by letter of Credit (LC) to be en-cashed by the supplier against proof of

dispatch along-with inspection/acceptance certificate issued by purchaser inspection department, warranty/Guarantee and test certificate along-with dispatch documents such as bill of lading, insurance, invoice and packing details etc.

b. The payment will be arranged through Letter of Credit from Reserve Bank of India/State bank of

India/any other Public Sector Bank, as decided by the Buyer, to the Bank of the Foreign Seller. The Seller will give a notification within a specified period about the readiness of goods. Letter of Credit is to be opened by the Buyer within 30 days on receipt of notification of readiness from the firm. The Letter of Credit will be valid for 90 days from the date of its opening, on extendable basis by mutual consent of both the Seller and Buyer. In case of extension of delivery period, both LC and delivery period should be extended and the LC charges borne by the supplier.

c. If the value of the contract is up to US $ 100,000; payments will be made by Direct Bank Transfer. DBT

payment will be made within 30 days of receipt of clean Bill of Lading/AWB/Proof of shipment and such other documents as are provided for in the contract, but such payments will be subject to the deductions of such amounts as the Seller may be liable to pay under the agreed terms of the Contract.

6.5 Tolerance Clause

Tolerance Clause: To take care of any change in the requirement during the period starting from issue of Tender till placement of contract, Buyer reserves the right to 5% plus/minus increase or decrease the quantity of the required goods up-to that limit without any change in terms & conditions and prices quoted by the seller. While awarding the contract, the quantity ordered can be increased or decreased by the Buyer within this tolerance limit.

6.6 Advance Payments: No advance payment(s) will be made.

6.7 Paying Authority: a. Indigenous Sellers: (Name and address, contact details). The payment of bills will be made on submission of the following documents by the Seller to the Paying Authority along with the bill:

i. Ink-singed copy of contingent bill / Seller’s bill. ii. Ink- singed copy of Commercial Invoice / Seller’s bill.


iii. Copy of Supply Order/Contract with U.O. number and date of IFA’s concurrence, where required under delegation of powers.

iv. CRVs in duplicate. v. Inspection note.

vi. Claim for statutory and other levies to be supported with requisite documents / proof of payment such as Excise duty challan, Customs duty clearance certificate, Octroi receipt, proof of payment for EPF/ESIC contribution with nominal roll of beneficiaries, etc as applicable.

vii. Exemption certificate for Excise duty / Customs duty, if applicable. viii. Bank guarantee for advance, if any.

ix. Guarantee / Warranty certificate. x. Performance Bank guarantee / Indemnity bond where applicable.

xi. DP extension letter with CFA’s sanction, U.O number and date of IFA’s concurrence, where required under delegation of powers, indicating whether extension is with or without LD.

xii. Details of electronic payment viz Account holder’s name, Bank name, Branch name and address, Account type, Account number, IFSC code, MICR code (if these details are not incorporated in supply order/contract).

xiii. Any other document / certificate that may be provided for in the Supply Order / Contract. xiv. User Acceptance. xv. Xerox copy of PBG.

b. Foreign Sellers :- (Name and address, contact details). Paid shipping documents are to be provided

to the Bank by the Seller as proof of dispatch of goods as per contractual terms so that the Seller gets payment from LC. The Bank will forward these documents to the Buyer for getting the goods/stores released from the Port/Airport. Documents will include:

i. Full set of originals “Clean on Board of Lading Bill/ Airway Bill ii. Original Invoice iii. Packing List (06 copies) iv. Certificate of Origin duly tamped by Seller’s Chamber of Commerce, if any. v. Certificate of Quality and current manufacture from OEM. vi. Dangerous Cargo certificate, if any. vii. Insurance policy of 110% if CIF / CIP contract viii. Certificate of Conformity & Acceptance Test at PDI, if any. ix. Physio – sanitary / Fumigation Certificate, if any. x. Performance Bond / Warranty Certificate xi. Certificate f conformity and acceptance Test Report at the Pre Dispatch Inspection signed by Buyer’s

and seller’s quality assurance depart. In case Buyer’s representative do not attend the PDI, then certificate issued by the buyer that it do not wish to attend the PDI and Inspection and Acceptance Certificate issued by the seller.

(Note – From the above list, the documents that may be required depending upon the peculiarities of the procurement being undertaken, may be included in GTE)

6.8 Fall clause: The following Fall clause will form part of the contract placed on successful Bidder – a. The price charged for the stores supplied under the contract by the Seller shall in no event exceed the

lowest prices at which the Seller sells the stores or offer to sell stores of identical description to any persons/Organization including the purchaser or any department of the Central government or any Department of state government or any statutory undertaking the central or state government as the case may be during the period till performance of all supply Orders placed during the currency of the rate contract is completed.

b. If at any time, during the said period the Seller reduces the sale price, sells or offer to sell such stores to any person/organization including the Buyer or any Deptt, of central Govt. or any Department of the State Government or any Statutory undertaking of the Central or state Government as the case may be at a price lower than the price chargeable under the contract, the shall forthwith notify such reduction or sale or offer of sale to the Director general of Supplies & Disposals and the price payable under the contract for the stores of such reduction of sale or offer of the sale shall stand correspondingly reduced. The above stipulation will, however, not apply to:-


i. Exports by the Seller. ii. Sale of goods as original equipment at price lower than lower than the prices charged for

normal replacement. iii. Sale of goods such as drugs which have expiry dates. iv. Sale of goods at lower price on or after the date of completion of sale/placement of the order

of goods by the authority concerned under the existing or previous Rate Contracts as also under any previous contracts entered into with the Central or State Govt. Depts, including their undertakings excluding joint sector companies and/or private parties and bodies.

c. The Seller shall furnish the following certificate to the Paying Authority along with each bill for payment for supplies made against the Rate contract – “We certify that there has been no reduction in sale price of the stores of description identical to the stores supplied to the Government under the contract herein and such stores have not been offered/sold by me/us to any person/organization including the purchaser or any department of Central Government or any Department of a state Government or any Statutory Undertaking of the Central or state Government as the case may be upto the date of bill/the date of completion of supplies against all supply orders placed during the currency of the Rate Contract at price lower than the price charged to the government under the contract except for quantity of stores categories under sub-clauses (a),(b) and (c) of sub-para (ii) above details of which are given below -........”.

6.9 EXCHANGE RATE VARIATION CLAUSE: (a) Detailed time schedule for procurement of imported material and their value at the FE rates adopted

for the contract is to be furnished by the foreign Bidder as per the format given below Year wise and major currency wise import content break up.

Year Total cost of material

FE content outflow (Equivalent in Rupees – crores) Dollar denominated

Euro denominated Other currencies denominated

(b) ERV will be payable/refundable depending upon movement of exchange rate with reference to

exchange rate adopted for the valuation of the contract. Base exchange rate of each major currency used for calculating FE content of the contract will be the BC Selling rate of the State Bank of India on the date of the opening of Price Bids.

(c) The base date for ERV would be contract date and variation on the base date will be given upto the midpoint manufacture unless Bidder indicates the time schedule within which material will be exported by them. Based on information given above, the cut off date/dates within the Delivery schedule for the imported material will be fixed for admissibility of ERV.

(d) ERV clause will not be applicable in case delivery periods for imported content are subsequently to be refixed /extended.

(e) The impact of notified Exchange Rate Variation shall be computed on an yearly basis for the outflow as mentioned by the vendor in their tender and shall be paid / refunded before the end of the financial year based on the certification of the Buyer.

6.10 Risk & Expense clause : 1. Should the stores or any houldpme thereof not be delivered within the time or times specified in the

contract documents, or if defective delivery is made in respect of the stores or any houldpme thereof, the Buyer shall after granting the Seller 45 days to cure the breach, be at liberty, without prejudice to the right to recover liquidated damages as a remedy for breach of contract, to declare the contract as cancelled either wholly or to the extent of such default.

2. Should the stores or any houldpme thereof not perform in accordance with the specifications / parameters provided by the SELLER during the check proof tests to be done in the Buyer’s country. The BUYER shall be at the liberty, without prejudice to any other remedies for breach of contract, to cancel the contract wholly or to the extent of such default.

3. In case of a material breach that was not remedied within 45 days, the BUYER shall, having given the right of first refusal to the SELLER be at liberty to purchase, manufacture, or procure from any other source as he thinks fit, other stores of the same or similar description to make good:-


a. Such default. b. In the event of the contract being wholly determined the balance of the stores remaining to be

delivered thereunder. 4. Any excess of the purchase price, cost of manufacturer, or value of any stores procured from any other

supplier as the case may be, over the contract price appropriate to such default or balance shall be recoverable from the SELLER. Such recoveries shall not exceed 10% of the value of the contract.”

6.11 Force Majeure clause :

a. Neither party shall bear responsibility for the complete or partial non-performance of any of its

obligations (except for failure to pay any sum which has become due on account of receipt of goods under the provisions of the present contract), if the non-performance results from such Force Majeure circumstances as Flood, Fire, Earth Quake and other acts of God as well as War, Military operation, blockade, Acts or Actions of State Authorities or any other circumstances beyond the parties control that have arisen after the conclusion of the present contract.

b. In such circumstances the time stipulated for the performance of an obligation under the present

contract is extended correspondingly for the period of time of action of these circumstances and their consequences.

c. The party for which it becomes impossible to meet obligations under this contract due to Force Majeure

conditions, is to notify in written form the other party of the beginning and cessation of the above circumstances immediately, but in any case not later than 10 (Ten) days from the moment of their beginning.

d. Certificate of a Chamber of Commerce (Commerce and Industry) or other competent authority or

organization of the respective country shall be a sufficient proof of commencement and cessation of the above circumstances.

e. If the impossibility of complete or partial performance of an obligation lasts for more than 6 (six) months, either party hereto reserves the right to terminate the contract totally or partially upon giving prior written notice of 30 (thirty) days to the other party of the intention to terminate without any liability other than reimbursement on the terms provided in the agreement for the goods received.

6.12 Specification : The following Specification clause will form part of the contract placed on successful

Bidder – The Seller guarantees to meet the specifications as per Part-II of TE and to incorporate the modifications to the existing design configuration to meet the specific requirement of the Buyer Services as per modifications/requirements recommended after the Maintenance Evaluation Trials. All technical literature and drawings shall be amended as the modifications by the Seller before supply to the Buyer. The Seller, in consultation with the Buyer, may carry out technical up-gradation/alterations in the design, drawings and specifications due to change in manufacturing procedures, indigenisation or obsolescence. This will, however, not in any way, adversely affect the end specifications of the equipment. Changes in technical details, drawings repair and maintenance techniques along with necessary tools as a result of up-gradation/alterations will be provided to the Buyer free of cost within (30) days of affecting such up-gradation/alterations.

Drawing: The drawing of Fuze 213 MK-5 (M-4) which is in use for Mortar Bomb 120mm Illuminating at this end is attached for reference only. The firm will offer their ELECTRONIC Fuze as serviceable /suitable for Mortar Bomb 120mm Illuminating (refer technical & operational parameters of required fuze at annexure-VII). However, detailed schematic drawing/specification of offered Electronic Fuze should be attached with technical Bid; so that suitability may be confirmed by buyer.

6.13 Export License: - The Bidders are to confirm that they have requisite export license from their Government to export the military/non-military goods to India. (submit the same with technical bid)

6.14 Earliest Acceptable Year of Manufacture: The store shall be of current year manufactured. The firm will submit their bill along-with Quality Certificate, Life Certificate and manufacturing details.

6.15 Transportation: The following Transportation clause will form part of the contract placed on successful Bidder:-


a. For Indigenous Sellers: F.O.R. DEHUROAD, PUNE, MAHARASTRA

b. For Foreign Sellers: - The store shall be delivered CIF – Port of Mumbai/Cochin. Seller will bear the costs and freight necessary to bring the goods to the port of destination. The seller also has to procure the marine insurance against the Buyer’s risk of loss of or damage to goods during the carriage. The seller will contract for insurance and pay the insurance premium. Seller is also required to clear the goods for export. The store shall be delivered to the Buyers by Indian ships only. The date of issue of the Bill of Lading shall be considered as the date of delivery. No part shipment of goods would be permitted. Transshipment of goods would not be permitted. In case it becomes inevitable to do so, the seller shall not arrange part-shipment and/or houldpment without the express/prior written consent of the Buyer. The goods should be shipped by Indian vessels only. However, the seller can still utilize the services of the MoD, Govt. of India Freight forwarding Agent details for which will be provided by the Buyer. Seller will be required to communicate the following information invariably by telex/signed in case of import of Defence Stores being brought in commercial ships to Embarkation Head Quarters concerned well in advance before the ship sails the port of loading.

i) Name of the Ship ii) Port of Loading and name of country iii) ETA at port of Discharge. iv) Number of Packages, weight and dimensions. v) Nomenclature and details of items. vi) Special instructions, if any stores of sensitive nature requiring special attention.

c. AIR LIFT: The following airlift clause will form part of the contract placed on successful bidder- should the Buyer intend to airlift all or some of the stores, the Seller shall pack the store accordingly on receipt of an intimation to that effect from the Buyer. Such deliveries will be agreed upon well in advance and will be paid by seller or as may be mutually agreed.

6.15 PACKING & MARKING : The stores are required to be packaged to withstand normal conditions of shipment and Short term storage in transit and in the country of destination and the following conditions will apply:

(a). The seller will be responsible for any loss or damage or expenses incurred by the Purchaser because of inappropriate packages.

(b). Packages containing articles classified as hazardous should be packed and marked in accordance with the requirements of the appropriate regulations governing their dispatch by sea or air.

(c). The seller shall also comply with detailed packaging and dispatch instructions, if specified in the contract.

(d). The responsibility of sending dispatch documents will rest with the seller. Detailed shipping instructions issued by Buyer in time to time will also apply.

(e). The packing of the equipment and spares/goods shall conform to the requirements of specifications and standards in force in the seller’s country or international standard.

(f). Each spare, Tools and accessory shall be packed in separate cartons/boxes. A label in English language shall be pasted/stencilled on the box indicating the under mentioned details of the item contained in the boxes.

(i) Part Number (ii) Nomenclature (iii) Contract annex number (iv) Annex serial number (v) Quantity contracted (vi) The packing list should mention lot No, month & year of manufactures

Symbol/numeric form or alphanumeric code of each components of the ammunition viz Cartg Case, Projectile and Fuzes.

(g). One copy of the packing list in English language shall be inserted in each cargo package and full set of

the packing list shall be placed in case no. 1 painted in yellow colour. (h). The seller shall mark each package with indelible paint in the English language as follows:

(i) EXPORT/ INDIGENOUS (ii) Contract No. ------------------------------------------ (iii) Consignee ---------------------------------------------


(iv) Port / airport of destination ------------------------ (v) Ultimate consignee ---------------------------------- (vi) SELLER ----------------------------------------------- (vii) Package No. -------------------------------------- (viii) Gross/net weight : --------------------------------- (ix) Overall dimensions/volume : ------------- (x) The Seller’s marking.

(i) If necessary, each package shall be marked with warning inscriptions: <Top>, “Do not turn over”,

category of cargo etc. (j) Should any special equipment be returned to the Seller by the Buyer, the latter shall provide normal packing, which protects the equipment and spares/goods from the damage of deterioration during transportation by land, air or sea. In this case the Buyer shall finalize the marking with the Seller. (k). During dispatch of cargo, seller should ensure adequate security measures and effective scanning/checking of international consignments to guard against any threat from poisons, chemicals or biological agents which may be delivered through such consignments. The seller should ensure safety of cargo during loading in container at load-port as to remove any chances of tampering with the packing/seals etc. Only persons authorized by seller should be allowed to load the cargo in containers. (l). Marking and Stencilling: Marking shall give the details of ammunition type; lot NO, year of manufacture, quantity, Hazard indication. Wooden/metal case shall be labelled with UN Hazard Division labels. Boxes are painted with Olive Green and bear stencilling in Golden yellow colour to show marking as follow :-

(i) Manner of Marking on ammunition. Each cartridge shall be permanently marked by a head stamp impressed, stamped or embossed that identifies the manufacturer, the country and year of manufacture, and a unique batch or lot number.

(ii) Head stamp markings on ammunition / cartridges.

(a) Shall consist of simple geometric symbols indicating “Standard” e.g. NATO or otherwise. (b) Symbol indicating the country and year of manufacture in symbol /numeric form or

alphanumeric code. (c) Symbol indicating the presence of a tracer combination with a numeric and/or alphanumeric

code. (ac) Head stamp markings to be of a size that is readily legible to the naked eye. (d) Head stamp markings to be of a quality and/or depth such that the markings cannot be

readily tampered with or removed. (m) If necessary, each package shall be marked with warning inscriptions: <Top>, “Do not turn over”,

category of cargo etc. (n) Should any special equipment be returned to the Seller by the Buyer, the latter shall provide normal

packing, which protects the equipment and spares/goods from the damage of deterioration during transportation by land, air or sea. In this case the Buyer shall finalize the marking with the Seller.

6.16 Quality: The quality of the stores delivered according to the present Contract shall correspond to the technical conditions and standards valid for the deliveries of the same stores for the deliveries of the same stores for in Seller’s country or specification enumerated as per RFP/GTE and shall also include therein modification to the stores suggested by the Buyer. Such modifications will be mutually agreed to. The Seller confirms that the stores to be supplied under this Contract shall be new i.e. not manufactured before (Year of Contract), and shall incorporate all the latest improvements and modifications thereto and spares of improved and modified equipment are backward integrated and interchangeable with same equipment supplied by the Seller in the past if any. The Seller shall supply an inter-changeability certificate along with the changed part numbers wherein it should be mentioned that item would provide as much life as the original item.


6.17 Quality Assurance: (a) Supplier would provide the Acceptance Test Procedure (ATP) in soft and hard copy to OFDR within 30

days of being intimated as L1 Vendor by OFDR. ATP hould be guided by PROOF SCHEDULE CIA/PS/F2/100/2. ATP must cover Visual Examination, Gauging, Static Tests and Dynamic Firing clearly indicating Lot Size, Acceptance Quality Limit (AQL), Defect Classification List (DCL), Acceptance Criteria and Sample Size as per Sampling Standard to assure quality and compatibility of deliverable stores in terms of functioning, storage, environmental conditions and weapon system. The Size of each Lot of the ammunition offered should ensure homogeneity and traceability of ammunition lot and their associated components/sub assemblies as per the principle of Sampling Inspection.

(b) OFDR/buyer’s QA agency reserves the right to modify the ATP. The details in this regard will be co-ordinate, discussed and finalized further. The final ATP mutually agreed between Supplier and OFDR and Signed by both parties shall form part of the Contract.

(c) Test labs are to be NABL accredited or tests are to be carried out in NABL Accredited Labs or internationally Accredited Labs only.

(d) Supplier will provide/arrange all the aforesaid test facilities for carrying out QA Checks by Buyer at Supplier premises, if desired.

(e) Documents /Records and requisite test samples as per the ATP will be provided by Supplier at his premises for acceptance during PDI.

(f) The ammunition offered should be of the latest manufacture and conforming to current production

standard and having 100% defined Shelf Life at the time of delivery.

(g) OFDR reserves the right to carry out the Process/Product Audit for the items under manufacturing at the Supplier’s premises. The Programme for the audit shall be mutually agreed between the supplier and QA agency. Supplier will provide detailed Process Schedule & QA/QC plan being followed by them to the Audit Team for the aforesaid Audits.

6.18 Inspection Authority: The inspection will be carried out by General manger, Ordnance Factory Dehuroad, Pune, Republic of India or his authorized representative. The mode of Inspection may be Pre Dispatch Inspection at Supplier’s Premises and Joint Receipt Inspection at OFDR. However, General Manger reserves all rights to change the inspecting authority without assigning any reason thereof.

6.19 Pre-Dispatch Inspection (For foreign Vendors): The Inspection will be carried out by General Manager, Ordnance Factory Dehuroad. However GM, OFDR or his authorized representative reserves all right to change the Inspecting Authority/ Inspecting Officer.


The following Pre Dispatch Inspection clause will form part of the contract to be signed with the successful bidder:- (a) The buyers representative i.e. buyer will carry out PDI of each consignment of the ammunition in order

to check their compliance with specifications in accordance with its usual standard procedures. Upon successful completion of such PDI, the seller and buyer shall issue and sign a certificate of conformity respectively.

(b) The seller shall intimate the buyer`s QA Agency at least 60 days before the scheduled date of PDI. The

seller shall provide day wise programme of the PDI of each consignment indicating the locations to be visited and likely duration of tests at each location. The time required for completing visa formalities by the seller should not be included in this notice. The Buyer will send his authorised representative(s) to attend the PDI.

(c) The list of Buyer’s representative together with their particulars including name, title , date and place

of birth, passport details etc. must be communicated by the Buyer at least 15 days in advance to apply necessary authorities and clearance to be granted.

(d) The Buyer reserves the right not to attend the PDI or to request for postponement of the beginning of

the PDI by a maximum of fifteen (15) days from the date fixed for such PDI in order to allow his representative(s) to attend such tests, in which cases he shall inform in writing the Seller within 15 days before the date of the beginning of the PDI. Should the Buyer request for such postponement, liquidated damages, if any, shall not apply. In case the Buyer informs the Seller within the period mentioned hereinabove that he cannot attend the PDI or in case the Buyer does not come at the postponed date requested by him for performance of the PDI as mentioned above, the Seller shall be entitled to carry out said tests alone as scheduled. The Certificate of Conformity and the Acceptance Test Report will be signed by the Seller’s QA representative alone and such documents bearing the sole signature of the Seller’s QA representative shall have the same value and effect as if they have been signed by both the parties. In case Buyer does not elect to attend the PDI, the Buyer shall intimate the Seller in writing that it does not wish to attend PDI.

(e) Supplier shall provide all facilities, access and assistance to the Buyer’s representative for safety and

convenience in the performance of their duties in Supplier‟s country and premises/ location. (f) All costs associated with stay of the buyer’s representative(s) in the country where the PDI is to be

carried out, including travel expenses, boarding and lodging, accommodation, daily expenses etc. shall be borne by the buyer.

(g) In case the store are rejected/not acceptable due to any reason and the PDI is to be rescheduled for

any cause, the re-PDI will be carried out at the cost of the supplier/seller, which will include stay, travel expenses, boarding & lodging accommodation, daily expenses etc.

(h) The seller will provide Quality conformance certificate (QCC), Acceptance test certificates, ATP /

Specifications / Proof schedule to the buyer’s QA agency within 30 days from the signing of the Contract.

6.20 Joint Receipt Inspection: The following Joint Inspection/Consignee End Inspection clause will form part

of the contract placed on successful bidder:

The parties agree that the joint receipt inspection (JRI) of delivered goods shall be conducted on arrival in India at location to be nominated by Buyer. JRI shall be completed within 90 dyas of arrival of goods at the port consignee.

i. Quantitative checking to verify that the quantities of the delivered goods correspond to the quantities defined in this contract and the invoices.

ii. Complete functional checking of the stores/equipment as per specifications in the contract and as per procedures and tests laid down by Buyer but functional checking of spares shall not be done.


a. Check proof and firing as per proof schedule No. CIA/PS/F2/100/2 (attached). The Buyer reserves the right to conduct Dynamic Proof Firing at their end at designated Proof Establishment (vendor may witness the same). On getting satisfactory Proof result the bulk will finally accepted at Buyer end or otherwise the bulk will be rejected and vendor have to replace the same without any cost.

b. JRI will be carried out by the buyer’s representative. The buyer will invite the seller with a prior notice

of a minimum of fifteen days to attend the JRI for delivered goods. The seller shall have the right not to attend the JRI. The bio-data of the seller’s representative will need to be communicated fifteen days prior to the dispatch of goods to the buyer for obtaining necessary security clearance in accordance with the rule applicable in the buyer’s country.

c. For timely arrival of the representative of supplier for the joint inspection of the store the buyer, not

later than 30 days prior to the scheduled date of carrying out the inspection, shall notify supplier about the place and time of the inspection. Supplier within 15 days from the day of notification about the place and the schedule date of the inspection shall intimate to the buyer the detailed passport data of his representative to be deputed to india for taking in the JRI.

d. Upon completion of each JRI, JRI proceedings and Acceptance Certificate will be signed by both the

parties, In case the seller’s representative is not present, the JRI proceedings and Acceptance Test Certificate shall be signed by the buyer’s representative only and the same shall be binding on the Seller. Copy of JRI proceedings and Acceptance Certificate shall be despatched to the Seller within 30 days of completion of the JRI. In case of deficiencies in quantity and quality or defects, details of these shall be recorded in the JRI proceedings, Acceptance Certificate shall not be issued and claims raised as per the Article on Claims in the contract. In case of claims, Acceptance Certificate shall be issued by Buyer’s representative after all claims raised during JRI settled. If the Buyer does not perform the JRI as mentioned above for reasons exclusively attributable to him, the JRI in India shall be deemed to have been performed and the stores/equipment fully accepted.

6.21 Franking clause:

The following Franking clause will form part of the contract placed on successful Bidder – a. Franking Clause in the case of Acceptance of Goods “The fact that the goods have been inspected after

the delivery period and passed by the Inspecting Officer will not have the effect of keeping the contract alive. The goods are being passed without prejudice to the rights of the Buyer under the terms and conditions of the contract”.

b. Franking Clause in the case of Rejection of Goods “The fact that the goods have been inspected after the

delivery period and rejected by the Inspecting Officer will not bind the Buyer in any manner. The goods are being rejected without prejudice to the rights of the Buyer under the terms and conditions of the contract.”

6.22 Claims:

The following Claims clause will form part of the contract placed on successful Bidder – a. The claims may be presented either: (a) on quantity of the stores, where the quantity does not

correspond to the quantity shown in the Packing List/Insufficiency in packing, or (b) on quality of the stores, where quality does not correspond to the quality mentioned in the contract.

b. The quantity claims for deficiency of quantity shall be presented within 45 days of completion of JRI

and acceptance of goods. The quantity claim shall be submitted to the Seller as per Form OFBPM-32 (Available in OFB website and can be given on request).

c. The quality claims for defects or deficiencies in quality noticed during the JRI shall be presented within 45 days of completion of JRI and acceptance of goods. Quality claims shall be presented for defects or deficiencies in quality noticed during warranty period earliest but not later than 45 days after expiry of the guarantee period. The quality claims shall be submitted to the Seller as per Form OFBPM-33 (Available in OFB website and can be given on request).


d. The description and quantity of the stores are to be furnished to the Seller along with concrete reasons for making the claims. Copies of all the justifying documents shall be enclosed to the presented claim. The Seller will settle the claims within 45 days from the date of the receipt of the claims at the Seller’s office, subject to acceptance of the claim by the Seller. In case no response is received during this period the claim will be deemed to have been accepted.

e. The Seller shall collect the defective or rejected goods from the location nominated by the Buyer and deliver the repaired or replaced goods at the same location under Seller’s arrangement.

f. Claims may also be settled by reduction of cost of goods under claim from bonds submitted by the Seller or payment of claim amount by Seller through demand draft drawn on an Indian Bank, in favour of Principal Controller/Controller of Defence Accounts concerned.

g. The quality claims will be raised solely by the Buyer and without any certification/countersignature by the Seller’s representative stationed in India.

6.23 Warranty : Except as otherwise provided in the invitation tender, the following Warranty will form part of the contract placed on the successful Bidder –

a. The following Warranty will form part of the contract placed on successful Bidder–

i. The Seller warrants that the goods supplied under the contract conform to technical specifications prescribed and shall perform according to the said technical specifications.

ii. The Seller warrants for a period of 12 months from the date of acceptance of stores by Joint Receipt Inspection, that the goods/stores supplied under the contract and each component used in the manufacture thereof shall be free from all types of defects/failures.

iii. If within the period of warranty, the goods are reported by the Buyer to have failed to perform as per the specifications, the Seller shall either replace or rectify the same free of charge, within a maximum period of 45 days of notification of such defect received by the Seller, provided that the goods are used and maintained by the Buyer as per instructions contained in the Operating Manual. Warranty of the equipment would be extended by such duration of downtime. Record of the down time would be maintained by the user in the logbook. Spares required for warranty repairs shall be provided free of cost by the Seller. The Seller also undertakes to diagnose, test, adjust, calibrate and repair/replace the goods/equipment arising due to accidents by neglect or misuse by the operator or damage due to transportation of the goods during the warranty period, at the cost mutually agreed to between the Buyer and the Seller.

iv. The Seller also warrants that necessary service and repair back up during the warranty period of the equipment shall be provided by the Seller and he will ensure that the downtime is within __ % of the warranty period.

v. The Seller shall associate technical personnel of the Maintenance agency and Quality Assurance Agency of the Buyer during warranty repair and shall also provide the details of complete defects, reasons and remedial actions for defects.

vi. If the defect/failure rate of the subject fuze under this contract exceeds 1% of the warranty period, the entire Lot shall be replaced free of cost by the Seller within a stipulated period of 90 days of receipt of the notification from the Buyer. Warranty of the replaced equipment would start from the date of acceptance after Joint Receipt Inspection by the Buyer/date of installation and commissioning.

vii. In case the complete delivery of Engineering Support Package is delayed beyond the period stipulated in this contract, the Seller undertakes that the warranty period for the goods/stores shall be extended to that extent.

viii. The Seller will guarantee the shelf life ( 15 years) for the ammunition/store contracted under the Indian tropical condition as given below:

1. Minimum temperature : (-)46°C 2. Maximum temperature: (+)63°C 3. Average Humidity : 95%


6.24 Product Support:

The following Product Support clause will form part of the contract placed on successful Bidder – a. The Seller agrees to provide Product Support for the stores, assemblies/subassemblies, fitment items

and consumables, Special Maintenance Tools(SMT)/Special Test Equipments (STE) subcontracted from other agencies/ manufacturer by the Seller for a maximum period of 02 years including 02 years of warranty period after the delivery of ELECTRONIC Fuze for Mortar 120mm Illuminating.

6.25 Price Variation (PV) Clause: Not Applicable. The rate will be firm and fixed during currency of the contract.

6.26 Applicability of Law: It should be clearly noted that the contract will be made, interpreted and governed in accordance with the laws of the Republic of India.

6.27 Undertaking By the Seller: The seller will give an undertaking that all terms & conditions of the present contract regarding to the shipment, elimination of claims during warranty period shall be fulfilled in due time and as per terms, included in the present contract. In the event the seller does not fulfil his performance obligations within the warranty period, the Buyer shall have all the right to recover the Payment of equal amount/sum under any operative contacts of the seller within the Ministry of Defence, Government of India, until accomplishment of obligations by the Seller. The undertaking shall be valid for 12 months after signature of Joint Inspection Certificate.

7) Part VI

EVALUATION CRITERIA & PRICE BID ISSUES

7.1 Evaluation Criteria : The broad guidelines for evaluation of Bids will be as follows: A. This GTE is in TWO bid system (i.e Technical Bid & Price Bid). Only those Bids will be evaluated which

are found to be fulfilling all the eligibility and qualifying requirements of the RFP, both technically and commercially.

B. In respect of Two-Bid system, the technical Bids forwarded by the Bidders will be evaluated by the

Buyer with reference to the technical characteristics & suitability of the ELECTRONIC Fuze for mortar bomb 120mm illuminating as mentioned in the GTE. The compliance of Technical Bids would be determined on the basis of the parameters specified in the RFP. The Price Bids of only those Bidders will be opened whose Technical Bids would clear the technical evaluation and successfully clear the trial evaluation process (where applicable).

C. The Lowest Bid will be decided upon the lowest price quoted by the particular Bidder as per the Price

Format given at Para 2 below. The consideration of taxes and duties in evaluation process will be as follows:

i. In cases where only Indian Bidders are competing, L-1 bidder will be determined by excluding

levies, taxes and duties levied by Central/State/Local governments such as GST, Service tax, Octoroi/entry tax, etc on final product, as quoted by bidders. The tenderer should clearly indicate basic rate (includes P&F charges freight charges and all inclusive rate per unit, for OFDR basis) in their quotation.

ii. In cases where both foreign and indigenous Bidders are competing, following criteria would be

followed –

1. In case of foreign Bidders, the basic cost (CIF) quoted by them would be the basis for the purpose of comparison of various bids.

2. In case of indigenous Bidders, GST on fully formed equipment would be offloaded. 3. GST and other local levies, i.e. octroi, entry tax etc would be ignored in case of

indigenous Bidders.


D. In import cases, all the foreign quotes will be brought to a common denomination in Indian Rupees by

adopting the exchange rate as BC Selling rate of the State Bank of India on the date of the opening of Price Bids.

E. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the

unit price and quantity, the unit price will prevail and the total price will be corrected. If there is a discrepancy between words and figures, the amount in words will prevail for calculation of price.

F. The Lowest Acceptable Bid will be considered further for placement of contract / Supply Order after

complete clarification and price negotiations as decided by the Buyer. The Buyer will have the right to award contracts to different Bidders for being lowest in particular items. The Buyer also reserves the right to do Apportionment of Quantity, if it is convinced that Lowest Bidder is not in a position to supply full quantity in stipulated time.

G. The Buyer reserves the right to evaluate the offers received by using Discounted Cash Flow method at

a discounting rate of ____%. In case cash flow involves more than one currency, the same will be brought to a common denomination in Indian Rupees by adopting exchange rate as BC selling rate of the SBI bank on the date of the opening of price bids.

PART VII (Guideline to overcome cartel and related annexure related to Tenders)

1.0 In order to overcome/ avoid cartel formation made by the suppliers of input materials, the

following clauses will be incorporated in all types of tender Enquiry as standard condition: i. All the firms should desist from forming cartel as the practice is prohibited under Section

3(3)(a) & (d)of the Competition Act 2002.

ii. Firms are expected to quote for full quantity or part thereof but not less than 50% of tendered quantity. Offers for quantity less than 50% of tendered quantity will be considered unresponsive and liable to be rejected if CARTEL Formation is suspected. The management, reserves the right to order any quantity on one or more firms.

iii. Whenever all or most of the approved firms quote equal rates in CARTEL, the purchaser reserves the right to place order on any one or more firms with exclusion of the rest. The selection of firms for placement of order would be based on of a pre-determined ranking of the firms decided through vendor rating as per the SOP for factory verification. (under para 24).

iv. In case of source development tender (where past – performance-based vendor rating is not available), the marks scored by the firm in Appendix II of QCS Letter No. 108/TIR/TS/QCS dated 13.09.2005 during capacity verification by the team of officers shall be the basis of Ranking.

v. The purchaser reserves the right to place order on two or three firms: in such cases tender quantity will be distributed between Rank 1(R1) and rank 2(R2) firms in the ratio 70:30.

vi. The purchaser also reserves the right to delete the established firms who quote in CARTEL from list of approved sources or to debar them from competing for a period to be decided by the purchaser.

vii. The name of the newly established firm which enters into CARTEL formation immediately on getting registered will be summarily deleted from the list of approved suppliers.

viii. An undertaking from the new firms that they will not be part of a cartel with other vendors and will quote competitive rates in the tenders; otherwise would face expulsion from the list of vendor’s will be taken while approving the new firms for participation against source development tender.


ANNEXURE – 1 : INSTRUCTIONS TO TENDERER Return of paper particulars-Copies of particulars supplied to the trade firms in connection with the tender enquiry/contract remain the property of the Government of India and shall be returned to the indenting factory/inspecting officer immediately after submission of quotation or on completion/cancellation of contract/order. No claim for refund of money paid for those particulars will be entertained. Pre-inspection – Supplier must satisfy themselves that the stores are in accordance with the terms and

conditions and fully conform to the required specifications by carrying out a thorough pre-inspection of each lot before actually tendering the same for inspection of the Inspecting Officer nominated under the terms of the contract. The contractor/manufacturer must keep a record of the pre-inspection carried out of which must be submitted to the Inspecting Officer. If the Inspecting Officer finds that the pre-inspection of the consignment as required above has not been carried out, the consignment is liable to be rejected.

Warranty- The stores supplied against the Order resultant to this enquiry shall be deemed to have been

warranted against defective workmanship and material by the contractor for a period of 12 months from the date of receipt of stores at consignee’s end and if during this period any of the stores is found so defective the same shall be replaced by the contractor free of any charge at the consignee depot as soon as possible.

Packing- The stores should be securely packed to avoid loss or damage DURING TRANSIT SO THAT IT

REACHES THE CONSIGNEE IN GOOD CONDITION or mentioned in Tender enquiry or mentioned in specification. The packing and forwarding charges should be borne by the manufacturer/contractor/bidder.

Rectification of defects- In the event of store is given back to the manufacturer for rectification of

defects; the manufacturer will ensure that the defects are attended to immediately without loss of time so that store can be re-inspected. However, it should be noted that the manufacturer will not be entitled to dispose of the store which is given for rectification but not rejected without permission of the Inspector.

Taxes: Firms have to pay taxes to tax authority and OFDR will not be responsibility for any liability. You are advised in your own interest to submit stores for inspection at least two weeks before the expiry of the delivery period stipulated in order to ensure inspection and release of inspection note in time, to enable you to deliver the stores by the due date. Your failure to submit the stores for inspection by the period recommended will not by itself be a ground for refusal to receive the stores by the inspector for inspection, if tender before the expiry of the stipulated delivery period but any delay in delivery of stores, on account of such failure, on your part, tendered by the period recommended any delay in inspection or release of inspection notes, resulting in delay in delivery beyond the stipulated delivery period, would ordinarily be condoned, provided such delay on the part of the inspector is established as the sole and direct cause of your failure to deliver the by the due date. The quotation should be submitted in duplicate. Any deviation in stores from tender specification should be clearly highlighted.


Annexure-VII TECHNICAL PARAMETERS AND OPERATIONAL PARAMETERS /OPERATION REQUIREMENT

FOR ELECTRONIC FUZE FOR MORTAR BOMB 120MM ILLUMINATING

PART I: GENERAL CHARACTERISTICS General 1. The fuzes must be electronic in which the initiation of the fuzes should take place through electronic chain. 2. The under mentioned set of electronic fuzes in service would perform the functions at par with existing Mechanical

Fuze T&P DA No. 213-P MK-5 (M-4) M. B. 120mm Illuminating (Schematic Drawing attached). 3. Fuzes should be capable of functioning effectively in high altitude areas (user trials to be conducted at targeted

height. PART II : OPERATIONAL CHARACTERISTICS

4. The vendors must provide the range tables for new electronic fuzes for all the shells in use with Indian Army with

the equipment Mortar 120mm E1. 5. The new fuze should be capable of being screw threaded in the current shells easily. There should not be any gap

between shell and fuze body after assembly. The electronic fuze should be safe for use. 6. Other information is furnished herewith:

a. Fuze Thread Size: 14TP 25.4 FORM MED CLASS b. Mouth threads detail of Mortar Bomb 120mm

Illuminating 14TP 25.4 FORM MED CLASS

c. Intrusion Depth: Please refer the attached drawings. d. Methodology of Fuze setting Self Locking by setting Ring or Digital e. Type of Operational Mode Time & Percussion f. Operating Temperature -46°C to +63°C g. Storage Temperature -46°C to +63°C h. Detail of equipment being used to fire the

ammunition 120mm Mortar E1

i. Velocity & Pressure range for different Charges

Velocity: 340 m/s for P1 pressure as recorded Pressure: P1 pressure for Safety from premature.

j. Safety requirement viz Bore safe, Overhead safety, Safety Distance for arming & Non-arming

Premature is defined as a fuze functions at a recorded time of flight of less than 3.5 sec or the range of burst is less than 800 meters. In case of any doubt, the recorded range shall be the deciding factor. Arming: from 500g to 1000g (For ELECTRONIC Fuze) Non-Arming: Less than 500g (For ELECTRONIC Fuze) Bore-Safety: The fuze will not function in Bore. Height of Burst: 600 m. Transit Safety: Safe to handle during storage and transport.

k. Additional information /parameters with reference to ELECTRONIC Fuze T&P 213 MK-1 (M-4), which is being used at present.

Wight of Fuze: 975gm Length of Fuze: 114.872mm Total Mass of 120mm Mortar with Fuze: 13.05 Kg ± 20 gm

l. Standards Environment: MIL-STD-331B or updated Design Safety: MIL-STD-1316E and STANAG 4187 or updated

7. The fuze should confirm the schedule of proof and sentencing criteria (proof schedule no. CIA/PS/F2/100/2) for acceptance of Lot.

8. Fuze Setting Arrangements. Fuze setter (Provided by OEM) /Fuze setting arrangement should be applicable to be used on 120mm Mortar E1. It must have the arrangements for fuze setting both during day and night to include:-


(a) Fuze setting can be done similar to in-service fuze. (b) It should be possible to set the fuze to “SAFE” setting. (c) It should allow for repeated changes in fuze setting.

9. Safety: The fuze design must meet the safety requirements, objectives and design guidelines as established by MIL-STD 1316E or STANAG 4187 (vendor to certify). It should adhere to safety parameters as under:-

(a) Paradropability: The fuze must be safe during and after a para drop (vendor to certify). (b) Bore and Muzzle Safety: The fuze should be safe in bore and withstand the shock of discharge (vendor to

certify). Fuzes should not arm at a distance less than 800m from the muzzle. 10. Marking. Marking on the fuzes must be done with the aim of identifying the type of fuze and to ensure safety

settings are readable / identifiable at night. (Refer Para 6.15 of TE document)

11. Packing. The electronic fuzes must be packed (20 nos. of Fuzes per Box) in hermetically sealed containers. These should be further packed in boxes or containers for ease of transportation. The package marking must give out all relevant ammunition detail including the UN Hazard Division. (Refer Para 6.15 of TE document)

12. Shelf Life. The fuzes should have a shelf life of not less than 15 years (Vendors to certify).

13. The fuze must adhere to MIL-STD-331C (2005 / later version) [vendor to certify).

14. SPECIFIC CHARACTERISTICS: The fuze functioning should confirm the schedule of proof and sentencing criteria (proof schedule no. CIA/PS/F2/100/2) for acceptance.


TE No & Date: 4) Part VII – Compliance Statement

(The tenderer should attach compliance statement along-with Technical Bid) Sl.

Commercial and General Terms

Compliance to TE specification (Y/N)

If not complied, specify deviations

1 Submitted the details of EMD i.e. Demand Draft/ FDR/ BG no. &

date, validity and Banker’s name furnished in quotation or Certificate for exemption of EMD.

2 Whether firm is registered with MSEs (Micro & Small Enterprises). If yes, mention the UAM (Udyog Aadhar Memorandum) number.

3 Submitted all the documents mentioned in the TE. 4 Quoted for at least 50% of tender Qty. 5 Attached the Undertaking that the firm will not be part of cartel in

future tenders.

6 Agreed with EMD clause. 7 Prices are quoted showing Basic Price and Taxes/Duties separately. 8 Prices quoted in Rupees/ Foreign Exchange. 9 All inclusive Price is quoted separately. 10 Price mentioned both in words and figure. 11 Prices are firm and fixed. 12 Agree to Delivery & Prices on F.O.R basis/CIF Mumbai Port basis. 13 Agreed with Price Variation clause. 14 Whether the offered store is as per specifications mentioned in TE. 15 Agree to submit test report of Raw Material as per TE. 16 Inspection at Factory / At firm’s premises 17 Delivery as per Delivery Period mentioned in TE. 18 Agreed with Payment Terms of the TE. 19 Agreed for option clause as mentioned in TE. 20 Agreed with Guarantee/warranty clause 21 Agreed for Submission of Security Deposit/

Performance Security Deposit.

22 Agreed with Liquidated Damages clause 23 Agreed with Arbitration Clause 24 Agreed with Dispute subject to Pune Jurisdiction 25 Agreed with clause of effective Date of Contract 26 Agreed with Pre-integrity Clause 27 Agreed with penalty for use of undue influence Clause. 28 Agreed with access to Book of Accounts Clause. 29 Agreed with Agents/Acency commission clause. 30 Agreed with Quality Clause. 31 Agreed with termination of contract clause 32 Agreed with Force Marjorie clause 33 Agree with Inspection Clause (PDI and JRI). 34 Validity of offer-180 days. 35 Agreed with all terms & conditions of TE, if not mention the same. 36 Agree to return of tender documents with all pages duly signed and

stamped.

37 Tender/ Bids are filled/signed by authorized signatory.

Date: Signature of authorized person & seal of the firm Note: (i) Please indicate YES/NO clearly. Also furnish details wherever required. Please note that the offer deviating from Tender Terms and Conditions likely to be ignored. (ii) The offer must be accompanied by duly filled in compliance statement; otherwise the offer is likely to be ignored. (iii) No attachment deviating from Terms & Conditions of TE will be entertained. The firm should mention the same in Compliance Statement. ** The signed copy of acceptance of this Tender document should be submitted/attached with technical bid.


ANNEXURE-II: VENDOR’S GUIDE TO OFB EPROCUREMENT APPLICATION

1. Readiness to Use: In order to actively start using OFB e-procurement application on Internet Explorer (IE), the following is needed:

a. Awareness of Procurement Processes b. Access to a Computer and internet. c. Knowledge of simple Internet applications and basic computer skills (e.g. basic MS office) d. A valid email address e. All communication (enrolment approval confirmation, intimation for any clarification required by OFB,

password reset etc) will be sent on the email. f. Vendors may see all published tenders on website: https://ofbeproc.gov.in. g. A valid class III Digital Certificate h. Digital certificate can be obtained from any CA (Certifying Authorities). i. List of CAs is available on http://cca.gov.in and website: https://ofbeproc.gov.in. j. Digital certificate should be Company User certificate and should display company name along with the

name of the digital certificate holder. k. Only class III Digital Certificate will be used for tender submission. l. Required Setting of IE is available on website: https://ofbeproc.gov.in. m. Vendors may also refer their problem regarding OFB e-procurement to HELPDESK (details are available

on website)

2. How to get started: A) Vendor Enrolment

(1) Go to https://ofbeproc.gov.in/ and click on the vendor enrolment link and proceed to the Vendor Enrolment Instruction page

(2) Vendor need to select ‘New’ option and Click on Terms and Conditions link to read the Terms and Conditions. Tick the box if you agree to the Terms and Conditions. 3) Click the Acknowledge button to proceed further 4) Fill Company Information required in the form like company name, registered address, CEO/ Proprietor,

Marketing & Sales representative, etc 5) Please note that the details filled in the ‘Company Information’ section will be used for further

communication 6) Enter a ID which will be used as your e-procurement ID (Login Id to login into OFB e-procurement

Application) 7) Check availability of this ID. In case this ID is not available you will have to create another one and repeat

the step till you get an available ID 8) Click on ‘Select Certificate’ button to register the digital certificate. Certificate details will be shown on

the page after registering the certificate. 9) Click on the ‘Next Step’ to proceed to the next page – ‘Area of Business’ 10) In case you want to abort the enrolment, click on the ‘Cancel’ button to go back to the ‘Vendor

Enrolment Instruction’ page 11) Enter the category of materials you deal in and the minor category from the drop down menu. This is a

mandatory field. 12) If for the selected factory, you deal in more than one category of materials, you can add more by

clicking on the ‘Add Category’ button. Your list will appear in a tabular form below 13) Click on the ‘Next Step’ and proceed to fill in a paragraph about your company 14) Click on the ‘Next Step’ and proceed to view “Final Submission”. You can check all the filled in details

and if you want to make changes click on “Previous Step” 15) Enter verification code below and click on the ‘Next Step’ to submit your Enrolment Form. 16) You will get an Acknowledgement that you can take a print out of.


B) Activate Login

i) After submitting enrolment form, the details will be forwarded to OFB factory for enrolment approval. ii) As an enrolment confirmation, you will receive an email along with a link to activate your login. iii) Click on the link provided in the email. Enter e-procurement Id (login id) created at the time for

enrolment process and submit for verification. iv) You have to change your login password. v) To login, Go to https://ofbeproc.gov.in/ and click on ‘Vendor Login’ and put login ID and password vi) Enter ‘Verification Code’ and click on login button vii) A ‘Select Certificate’ box to select your digital certificate will pop out. Select Certificate and press OK to

proceed viii) You will be taken to your workplace where you can select from a number of activities on the

navigation column on your left hand side – such as update your information, participate in tenders, view past Transaction history etc.

2) Working on OFB e-procurement Application

a) Update Information (1) After logging in, you can update your information in the ‘Company Admin’ and ‘Personal admin’

Sections (2) You can add more factories to your list (in Area of Business) (3) You can further add more major and minor item categories

b) Bid Submission (1) In Workplace, click on ‘Tenders and Quotations’ under ‘Business Opportunities’ to view a list of all

published NITs’ (2) In case of a Limited Tender, you will get an email invitation for participation and only invited

vendors will be allowed to participate. This will be visible in ‘Invitations’ under ‘Business Opportunities’

(3) For Limited Tender, you can also decline the tender participation which reason in case you doesn’t want to participate

(4) In case of an Open Tender, on clicking on the tender you want to participate in you will be able to view the NIT and all the tender details including the list of items

(5) To submit the Tender Fee, click on the ‘Fee’ tab in the Tenders and Quotations page (6) The fee details will appear in a table below – click on the icon in the ‘Action’ column, fill in and submit the details (7) Once the ‘Status’ column (in the Fee page) is updated, you can start tender preparation. (8) Only on submission of fees, a new tab – ‘Response’ - will be activated. (9) In the Response page, click on the hyperlink ‘Add New Response’ button to read the Instructions. (10) Click on the ‘Next Step’ button to view and select the items you want to bid for (this selection is

applicable for optional items not for mandatory item) (11) Click on the ‘Bid Selected Items’ button to move to ‘Contact Information’ Page. (12) Fill the EMD details and other required information. Currently Tender Fees and EMD will be

submitted offline only the details will be entered during bid submission but after implementing online payment integration, you can also pay it online.

(13) Click on the ‘Next Step’ button to fill the Technical bid (Technical Specifications, Compliance Forms, Terms and conditions etc.) (14) Click on ‘Save’ button to save and sign the details entered in the form and then click on ‘Next

Step’ button to enter the Price bid. (15) After filling the price bid and taxes, click on ‘Save’ button and then click on ‘Next Step’ button. (16) Upload the annexure required by OFB as part of technical and price bid. (If any). (17) Click on ‘Next Step’ button to view the complete bid preview. Verify all the filled details of the

tender. If you want to modify tender details, click on “Edit” link.


(18) Click on ‘Submit’ button to submit the tender. You will receive acknowledgement of the submitted tender.

(19) To resubmit / edit responses before tender closing date, click on the ‘Responses’ link under Workplace.

(20) To view your submitted tender details after tender closing, click on the ‘Transaction History’ link under Workplace.

(21) Any clarifications that OFB may required from you related to your submitted bid will appear in ‘Request for Information’ link under ‘Business Opportunities’

(22) Award details will appear in the ‘Transaction History’ link under Workplace. (23) Purchase Order details will appear in the ‘Past Tenders’ link under Workplace.


Annexure-III

TENDER CONDITIONS ACCEPTANCE LETTER (To be given on Company Letter Head and submitted with technical bid)

No. Date : To, The General manger Ordnance Factory Dehuroad Pune- 412101 Maharashtra, India

SUB : ACCEPTANCE OF TERMS & CONDITIONS OF TENDER

Tender Reference No : ________________ Name of Tender/work : ___________________ ___________________ Dear Sir, 1. I/We have downloaded/obtained the tender document(s) for the supply of “ELECTRONIC TIME & PERCUSSION (FILLED) FUZE FOR 120MM MORTAR BOMB ILLUMINATING AMMUNITION” from the web site(s) namely: ********************As per your advertisement, TE No. ************ Dtd:******** 2. I/We hereby certify that I/we have read entire terms & conditions of the tender document (including all

documents like annexure(s), schedule(s), etc.,) which form part of the contract agreement and I/we shall abide hereby the terms/conditions/clauses contained therein.

3. The corrigendum(s) issued from time to time (on website: https://ofbeproc.gov.in.) by your

department/organizations too have also been taken into consideration, while submitting this acceptance letter. 4. I/We hereby unconditionally accept the tender conditions of above mentioned tender document(s)/

corrigendum(s) in its totality/entirely. 5. In case any provisions of this tender are found violated, your department/organization shall be at liberty to

reject this tender/bid including the forfeiture of the full said Earnest Money Deposit absolutely and we shall not have any claim/right against OFDR in satisfaction of this condition.

Yours faithfully,

(Signature of the Bidder, with Official Seal)


ANNEXURE – IV

Certificate of Conformity format

Date : No : Product Name : Product No : Lot No : Quantity : Contract No : Packaging List No : THIS IS TO CERTIFY THAT THE ABOVE MENTIONED PRODUCT/S HAVE SUCCESSFULLY PASSED ALL THE ACCEPTANCE TESTS IN ACCORDANCE WITH THE RELEVANT SPECIFICATIONS AND DRAWINGS.

Yours faithfully,

(Signature of the Bidder, with Official Seal)


ANNEXURE – V

Letter of Credit Format LETTER OF CREDIT Form of Doc Credit (40A): Irrecovable/revocable/revolving/confirming. Doc Credit Number (20) : Expiry (31D): Date: 12 months after issuance of Documentary credit. Applicant bank (51) : ------------------------------------------------------------------------------------------------------------ Beneficiary (59) : ----------------------------------------------------------------------------------------------------------------- Amount (32B) : Currency : Amount : Max Credit Amount (39B) : Not Exceeding Available with/By (41): By payment. Partial Shipments (43P): Allowed/Not Allowed. Transhipment (43T) : Not allowed/allowed. Loading in Charge (44A) : (Port of Loading). For Transport to (44B) :--------------------------------------------------( Port of Discharge). Shipment Period (44D) : -------------------------------------------------------- Descript of Goods (45A) : ------------------------------------------------------- Documents Required (46A): + Signed commercial invoice in six copies. + Two copies of original clean on board bills of lading made out to order and endorsed in blank, showing applicant as

notify party and marked: Freight payable at destination. + Packing list in six copies. + Certificate or origin issued by a chamber of commerce. + Lot acceptance certificate signed by seller’s and buyer’s quality assurance representatives or alternatively the

seller’s quality assurance quality assurance representative and armscor or the directorate product system support of the south African national defence force. Additional Cond (46A): + Telegraphic reimbursement is allowed.

+ This credit will automatically revolve cumulatively on an annual basis as indicated below, and will accordingly be automatically extended upon transmission of a notice to this effect by means of an authenticate telex/swift from the beneficiary’s bank to the issuing bank not later than 15 days prior to the expiry of the relevant validity period.

Stage Amount Validity Period

+ Maximum utilization under the credit will be + Confirmation charges for the letter of credit are for the beneficiaries account. +Late Shipment is acceptable. Details of Charges (71B): All charges outside India are for beneficiary account. Presentation Period (48): Within 21 days after shipment date. Confirmation (49): Confirm. Reimbursing Bank (53) : ---------------------------------------------------- (78): + Documents must be forwarded to us by courier in one lot. + We hereby engage that payments made under and in compliance with all the terms and conditions of this credit will

be duly honoured by us upon presentation of the stipulated documents. + Paying bank may claim reimbursement telegraphically from the reimbursing bank for value 3 days after their

authenticated telex/swift advice to the issuing bank of any conform drawing presented under this credit. (57) : ------------------------------------------------------------------- (72) : ---------------------------------------------------------------- Format of Pre-Integrity Pact is attached as Annexure-VI.