RFP IN TWO BID SYSTEM

Transcription

1 Tele Fax: Reply should be addressed to The Base Victualling Officer REGISTERED Base Victualling Yard Naval Base Karwar Quoting: BVY(KAR)/16-17/12/Tetra 05 Aug 16 M/s. REQUEST FOR PROPOSAL FOR NEGOTIATED ANNUAL RATE CONTRACT FOR SUPPLY OF MILK TETRA WITH NCDFI / NDDB / DMS/ STATE CO-OPERATIVE MIK FEDERATION AT BASE VICTUALLING YARD (KARWAR) Sir, RFP IN TWO BID SYSTEM 1. On behalf of The President of India, tender are invited by Base Victualling Yard, Naval Base, Karwar for supply of Milk Tetra at Naval Base, Karwar for the period from 01 Oct 16 to 30 Sep 17. Exact date of commencement of contract will be notified in the Acceptance of Tender. 2. The address and contact numbers for sending Bids or seeking clarifications regarding this RFP are given below:- (a) Bids/queries to be addressed to : The Base Victualling Officer, Base Victualling Yard (b) Postal address for sending the Bids : The Base Victualling Officer Base Victualling Yard, Naval Base, Karwar (c) Name/designation of the contact personnel : Lt Cdr Ashish Kumar Base Victualling Officer (d) Telephone numbers of the contact personnel: /17 (e) Fax number : This RFP is divided into five Parts as follows: (a) Part-I Contains General Information and Instructions for the Bidders about the Tender such as the time, place of submission and opening of tenders, Validity period of tenders, etc. (b) Part-II Contains essential details of the items/services required, such as the Schedule of Requirements (SOR), Delivery Period, Mode of Delivery and Consignee details. (c) Part-III Contains Standard Conditions of RFP, which will form part of the Contract with the successful Bidder. (d) Part-IV Contains Special Conditions applicable to this RFP and which will also form part of the contract with the successful Bidder. (e) Part-V Contains Evaluation Criteria and Format for Price Bids.

2 This RFP is being issued with no financial commitment and BVY(Kar) reserves the right to change or vary any part thereof at any stage. BVY(Kar) also reserves the right to withdraw the RFP, should it become necessary at any stage. PART I GENERAL INFORMATION. 1. Last date and time for depositing the Bids: The sealed Bids should be deposited/ reach by 1200 hrs on 07 Sep 16. The responsibility to ensure this lies with the Bidder. 2. Manner of depositing the Bids: The Tenders will be received on two bid system i.e Technical and Commercial Bid. The bids are to be submitted in two separate sealed envelopes, duly marked as Commercial bid for tender quoting no. BVY(KAR)/16-17/12/TETRA dated 05 Aug 16 and Technical bid for tender quoting No. BVY(KAR)/16-17/12/TETRA dated 05 Aug 16. Both Technical and Commercial bid are to be sealed in one main envelope super scribed with RFP No. BVY(KAR)/16-17/12/TETRA and firm s name, address and official seal. Sealed Bids addressed to the Base Victualling Officer, Naval Base, Karwar should be either dropped in the Tender Box kept at Main Gate Arga marked as TENDER FOR SUPPLY OF MILK TETRA AND TO BE OPENED BY TENDER OPENING BOARD ONLY or sent by registered post at the address given above so as to reach by the due date and time. Late tenders will not be considered. No responsibility will be taken for postal delay or any delivery / non-receipt of Bid documents. Bids sent by fax or will not be considered. 3. Time and date for opening of Bids: 1600hrs on 07 Sep 16 (Technical Bid). If due to any exigency, the due date for opening of the Bids is declared a closed holiday, the Bids will be opened on the next working day at the same time or on any other day/ time, as intimated by the Buyer. 4. Place of opening of the Bids: Office of Base Victualling Officer, Karwar. The Bidders may depute their representatives, duly authorized in writing, to attend the opening of Bids on the due date and time. Rates and important commercial clauses quoted by all Bidders will be read out in the presence of the representatives of all the Bidders. This event will not be postponed due to non-presence of your representative. 5. Location of Tender Box: Main Gate, Kadamba. Only those Bids that are found in the tender box will be opened. Bids dropped in the wrong Tender Box will be rendered invalid. 6. Bid system: The tenders will be received on two bid system i.e Technical Bid and Commercial Bid. Commercial bids of tenderers should be opened only after evaluation of the technical bids. The commercial bids of non-qualified will be returned to the tenderers, in sealed and unopened condition as received. 7. Forwarding of Bids: Bids should be forwarded by Bidders under their original memo/ letter pad inter alia furnishing details like TIN number, VAT/ CST number, Bank address with NEFT Account if applicable, etc and complete postal & address of their office. 8 Clarification regarding contents of the RFP: A prospective Bidder seeking 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. Copies of the query and clarification by the purchaser will be sent to all prospective bidders who have received the bidding documents. 9. Modification and Withdrawal of Bids: A bidder may modify or withdraw his bid after submission provided that the written notice of modification or withdrawal is received by the Buyer prior to deadline prescribed for submission of bids. A withdrawal notice may be sent by fax but it should be followed by a signed confirmation copy to be sent by post and such signed confirmation should reach the purchaser not later than the deadline for submission of bids. No bid shall be modified after the deadline for submission of bids. No bid may be withdrawn in the interval between the deadline for submission of bids and expiration of the period of bid validity specified. Withdrawal of a bid during this period will result in Bidder s forfeiture of bid security.

3 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. 11. Pre-Bid Conference. The Bidders may avail opportunity and depute their representative duly authorized in writing to attend the Pre-bid meeting on 22 Aug 16 at 1530 hrs at office of Base Victualling Officer, Base Victualling Yard, Naval Base, Karwar for clarification of issues related to specification/scope of work and any other content of this RFP if not clarified as per Para 8 above. 12. Submission of Samples: TEC will have the right to ask for the samples of contracted items and inspection of the same as per DFS 13 at any stage of tendering. 13. Manufacturing date of items: The manufacturing date of issuing items should not be less than 15 days w.r.t date of supply order. 14. Rejection of Bids: Canvassing by the Bidder in any form, unsolicited letter and post-tender correction may invoke summary rejection. Conditional tenders will be rejected. Notwithstanding the former, Base Victualling Officer, Karwar reserves the right to accept or reject the bids without assigning any reason whatsoever. Fax quotes will not be accepted. 15. Unwillingness to quote: Bidders unwilling to quote should ensure that intimation to this effect reaches before the due date and time of opening of the Bid, failing which the defaulting Bidder may be delisted for the given range of items as mentioned in this RFP. 16. Validity of Bids: The Bids should remain valid till 120 days from the last date of submission of the Bids. 17. Earnest Money Bidder: Bidders are required to enclose Earnest Money Deposit (EMD) for an amount of Rs.2,50, (Rupees Two lakh fifty thousand only ) along with their bids in favour of PCDA(N), Mumbai payable at Mumbai. The EMD may be submitted in the form of Account Payee Demand Draft/ Fixed deposit/ Bankers Cheque or Bank guarantee from any public sector or a private sector bank authorized to conduct government business as per Form DPM-16 (Available on Mod website and can be provided on request). EMD is to be valid for a period of 45 days beyond the final bid validity period. EMD of the unsuccessful bidders will be returned to them at the earliest after expiry of the final bid validity and latest on or before the 30 th day after 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. EMD is not required to be submitted by those bidders who are registered with the Central Purchase organization ie DGS&D, National Small Industries Corporation, or any department of MoD or MoD itself for the same item / range of products, goods or services for which the tenders have been issued. Registered vendors are required to produce a copy of their registration certificate along with the quote to avail EMD exemption. 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. Absence of EMD/Registration details with Central Purchase Organisation mentioned above, will lead to rejection of the quote. 18. The Lowest Bid will be decided upon the lowest overall total basic prices not including taxes and duties levied by Central/State/Local Government quoted by the bidder. To qualify as L1, bidder has to quote for all varieties of items. The consideration of taxes and duties in evaluation process will be as per Para S1-I of Amendment -1/2015 of DPM-09 dated 10 Nov 15. (i) All taxes and duties (including those for which exemption certificates are issued) quoted by the Bidders will not be considered for deciding of L1. The basic cost to the Buyer would be the deciding factor for ranking of Bids. Bids cost & taxes are to be mentioned separately. (ii) The Bidders are required to spell out the rates of various taxes, etc in unambiguous terms; otherwise their offers will be loaded with the maximum rates of duties and taxes for the purpose of comparison of prices. If taxes are not clearly mentioned the quoted amount will be considered as basic cost.

4 - 4 - PART II Essential details of Items Required 1. Schedule of requirement : The Anticipated requirement from 01 Oct 16 to 30 Sep 17. The quantities shown below are Approximate Requirements are only given as a rough guide. Plus/Minus 25% variation are approximate requirement will be accepted and no claim for compensation will be made or entertained for the same. All orders must be accomplished with contracted rates where the quantity/items demanded therein be within or in excess of the Approximate Requirements supplies are to be strictly as per Defence Foods Specification Sl. No. Items Approximate Qty (Ltrs) Packing Deno. Specification (a) Milk Tetra 2,60, Ltr tetra pack Defence Food Specification Two bid system: Bidders are required to furnish clause by clause compliance of specification bringing out clearly the deviation from specifications if any. The bidders are advised to submit the compliance statement in the technical bids format placed at Appendix B. Technical bids are to be sealed separately and submitted along with the relevant documents. 3. Delivery Period: Delivery period for supply of Milk Tetra would be 07 days from the placement of Purchase Order. In case of delay in supplies, the yard will have option to undertake Risk & Expense to meet the requirements in time. It is also to be noted that on some occasion due to operational requirement, Milk Tetra will be required at short notice irrespective of its quantity (quantity may not be sufficient), the firm should be willing to supply in time at the same cost as indented by buyer. The Milk Tetra will be delivered by the supplier under his own arrangement to the following places:- (a) Onboard Ships (if the quantity is more than 02 thousand litres) (b) Base Victualling Yard, Naval Base, Karwar 4. Enclosing of Documents: Firms are required to be Registered with the NCDFI / NDDB / DBM / STATE CO-OPERATIVE MILK FEDERATION. The copy of the same is to be enclosed along with the Technical bid. If these documents are not found enclosed, then the quote would be rejected. 5. Terms of delivery: Free of cost at up to the premises of BVY (Kar) / Ships and remain at the risk of seller till inspected and accepted. The provisions will be supplied only on refrigerated vehicle and the manufacturing date of issuing items should not be less than 15 days w.r.t date of supply order. 6. Consignee Details: - (a) Base Victualling Yard (b) Ships (if the quantity is more than 02 thousand litres) 7. Demands: Demands will be given 07 Days in advance in writing to the contractor/ his representative, which is required to be collected by the contractor from the Fresh point of the Yard. 8. Terms & Conditions: (a) The quoting firms must comply with all terms & conditions / pre-requisite as mentioned in GoI letter PC/RAKSHA/63061/Q/ST-5/5245/ D(QS)14 dated 10 Aug 15 which include but are not limited to :- (i) Firm must be a registered member of NCDFI/NDDB/DMS/State Co-operative Milk Federation. (ii) state. Firm should have their own necessary framework for milk collection from local of the (iii) Firm should have their own processing infrastructure and should be marketing the product in Uttar Kannada region. (iv) No-subletting of the contract will be allowed.

5 - 5 - (v) Technical Evaluation Committee (TEC) will inspect the premises of the dairy prior opening of commercial bid for verifying the infrastructure / capacity of the bidder firms. (vi) Non adherence to any condition as per GoI letter will result in disqualify of the bid. (b). The quantum of defence discount against the Civil Consumer Price (CCP) offered by the cooperative will be decided by the Panel of Officers negotiated the contract. However, in no case will it be lesser than the discount mentioned in GoI, MoD letter No. PC/RAKSHA/63061/Q/ST-5/5245/ D(QS)14 dated 10 Aug 15. (c) No revision of rates is permitted between 01 Oct to 31 Dec, even in case of upward revision of the Civil Consumer Prices (CCPs). (d). In case the CCPs are revised from 01 Oct or thereafter, the benefits of the rate revision shall be given only after three months of commencement of contracts ie. Wef 01 Jan or thereafter and would be applicable from the actual date of revision of CCPs and not from back date. (e). Once the fresh rates are finalized, the rates would remain unchanged for at least a further period of three months. (f). In case of any downward revision of CCPs, the benefit to the GoI would be applicable from the date of such revision (g) No transportation charges are payable to the milk federations for supply of Milk Tetra. The cost of the item at the place of consumption that is the final landed price which includes the basis price, cost of transportation and overhead etc will be considered for conclusion of contract. (h) Member federation is required to having their own Milk Tetra manufacturing plants of NDDB/NCDFI/State Co-operative Milk Federation/J&K Dairy Producers Processors and Marketing Cooperative Unit Ltd (JKDCUL). (j) Naval authorities have the right to inspect the supplies and Milk Plant as and when required to ensure the milk processing and supply is devoid of any form of adulteration and is meeting defence food specification. 9. Specification & Quality: The quality of the Milk Tetra should correspond with the Defence Foods specification enclosed with RFP. Milk Tetra supplied not meeting the Defence Foods specifications will be rejected by the yard which is required to be replaced by the contractor at his own expense. 10. Packing: The Milk shall be packed in Tetra Pack of capacity one ltr, 5 layered packing comprising 3 layer of Polythylene, Aluminum foil and paper board. Tetra pack shall be further packed as 12 x 1 ltr card board box. 11. Marking: Each Tetra Pack will be pre-printed with the following particulars (Heavy duty sticker may be used for sub Para (vi) to (viii) below:- (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) Description of Contents (in 2.5 cm Characters) Name of Manufacturer Brand (if any) Nett weight of contents (in litre) Direction for use. Date of manufacture. Batch No. / Lot No. AT No. & date FOR DEFENCE SERVICE ONLY. Best Before/ ESL

6 Warranty: In accordance with standard warranty clause Appendix J of Defence Food Specification enclosed with the bid. The warranty period shall be SIX MONTHS from the date of manufacture. 13. The Vendors are submit a Self Certification for all quoted items that the quoted items are adhering to the specification mentioned in this tender. If this Self Certification is not mentioned in the quote, then the quote will be rejected. 14. Financial Capabilities of the firm: The firm should have financial capability for completion of contracts. This payment will not be linked to clearance bills by the contractor operation authority. PART III STANDARD CONDITIONS OF CONTRACT The Bidder is required to give confirmation of their acceptance of the Standard Conditions of the Request for proposal available on the website of Ministry of Defence, Govt of India, and can be provided on request. Failure to do so may result in rejection of Bid submitted by the Bidder. 1. 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. 2. Effective Date of Contract: The contract shall come into effect on the date of signature of both parties on the contract 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. 3. Arbitration: All disputes and difference arising out of or in connection with the contract shall be settled by bilateral discussions. Any disputes, disagreement or question arising out of or relating to the contract or relating to the construction or performance, which cannot be settled amicably, is to be resolved through Arbitration. In case of arbitration, decision of Headquarters, Flag Officer Commanding Karnataka Naval Area / Headquarters, Flag Officer Commanding-in-Chief, Western Naval Command shall be final and binding on both the parties. 4. Penalty for use of Undue influence: The Contractor 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 BVY(Kar) 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. Non-disclosure of Contract documents: Except with the written consent of the Buyer other party shall not disclose the contract or any provisions, specification, or information thereof to any third party. 6. Liquidated Damages: In the event of the Contractors failure to submit the Guarantees and Documents, supply the stores/goods 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/service

7 - 7 - mentioned above for every week of delay or part or a week, subject to the maximum value of the Liquidated Damages being not higher than 10% of the Value of delayed stores. 7. Taxes and Duties: (a) Bidder 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 to account in the ranking of bids. (b) If a Bidder is exempted from payment of any duty/tax up to any value of supplies from them, he should clearly state that no such duty/tax will be charged by him up to the limit of exemption which he 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. (c) Any change in levies, taxes and duties levied by Central/State/Local governments such as excise duty, VAT, Service tax, Octroi/entry tax, etc on final product upward 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 of 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 Sale of Goods Act will be relevant in this situation. (d) Levies, taxes and duties levied by Central/State/Local governments such as excise duty, VAT, Service tax, Octroi/entry tax, etc on final product will be paid by the Buyer on actual, 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. 8. Termination of Contract: Buyer has the right to terminate the contract in part or full in any of the following cases:- (a) The delivery of the items is delayed for causes not attributable to force majeure more than three times during the period of contract. (b) The Seller is declared bankrupt or becomes insolvent. (c) The Buyer notices that the Seller has paid any commission to any employees of this yard to get the contract or is involved in any kind of act which is unbecoming of a Government contractor. (d) As per decision of Arbitration Tribunal. 9. Notice: 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 or registered mail addressed to the last known address of the party to whom it is sent. 10. Transfer and Subletting: The Seller has no right to bargain, sell, assign or sublet or otherwise dispose of the contract or any part thereof as well as to give or let a third party to take benefit or advantage of the present contract or any part thereof. 11. Amendments: No provision of present contract shall be changed or modified in anyway either in whole or 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. 12. Sales Tax/Vat. If it is desired by the bidder to ask for the sales tax /VAT to be paid as extra, the same must be clearly stated. In the absence of any such stipulation in the bid, it will be presumed that the prices quoted by the bidder are inclusive of sales tax and no liability of sales tax will be developed upon the Buyer. On the bid quoting sales tax extra, the rate and the nature of sales tax applicable at the time of supply should be shown separately. Sales tax will be paid to the seller at the rate at which it is liable to be assessed

8 - 8 - or has actually been assessed provided the transaction of sale is legally liable to sales tax and the same is payable as per the terms of the contract. PART IV SPECIAL CONDITIONS OF RFP The Bidder is required to give confirmation of their acceptance of Special Conditions of the RFP 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. 1. Performance Security: Performance Security deposit payable to the Purchaser is to be furnished by the Supplier as, in the form of a Performance Bank Guarantee (PBG) issued by a public sector bank or a private sector bank authorized to conduct government business, in the prescribed format within thirty days from the date of contract at the rates mentioned against each items as per para 1 of Part II. At present, ICICI Bank Ltd., Axis Bank Ltd. and HDFC Bank Ltd. are the three private sector banks authorized to carry out government transactions. The performance security deposit is meant to compensate the Purchaser for any loss suffered due to failure of the supplier to complete his obligations as per the contract. Preferably, performance security is payable by the supplier at the rate of 5% of the contract value within 30 days of receipt of confirmed order. PBG should remain valid for 60 days beyond the date of completion of all his obligations under the contract. In other words, the PBG is to remain valid till beyond two months. The format of the PBG can be provided on request. PBG will be in favour of BV Yard Public Fund Account No , SBI Naval Base, Karwar payable at Karwar. However the same will be kept in the custody of BVY, Karwar. 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. 3. Repeat Order Clause. The contract will have a repeat order clause, wherein Buyer can order upto 50% quantity of the items under the present contract within six months from the date of supply/successful completion of this contract, the cost, terms & conditions remaining the same. The Bidder is to confirm acceptance of this clause. It will be entirely the discretion of the buyer to place the repeat order or not. 4. Tolerance Clause. To take care of any change in the requirement during the period starting from the issue of RFP till placement of the contract, Buyer reserves the right to 25% plus/minus increase or decrease the quantity of the required goods up to that limit without any change in the terms and 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. 5. Paying Terms: It will be mandatory for the Bidders to indicate their bank account number and other relevant e-payment details so that payments could be made through ECS/NEFT mechanism instead of payment through cheque, wherever feasible. A copy of the model mandate form prescribed by RBI to be submitted by Bidders for receiving through ECS is at Form DPM-11 (available in MoD website and can be given on request). The payment will be made as per the following terms, on production of the requisite documents. (a) 95% Payment against IAFS 1520 s, Proof of Contractor Bills, duly supported by Photocopy of Performance Bank Guarantee by Seller i.e BVY(Kar). Balance of 5% will be paid by Accounts Officer (Navy),Karwar. 6. Advance Payments: No advance payments will be made.

9 7. Paying Authority: Payment will be made by BVO (KAR)/ AO (N), Karwar monthly on credit basis by Cheque / e-payment on submission of all relevant documents and bills. The following mandatory information be furnished along with quote on firm letter to enable e-payment by AO(Navy), Karwar : (i) Ink signed copy of Contingent Bill / Seller s Bill. (ii) Ink signed copy of Commercial Invoice / Seller s Bill. (iii) Copy of Contract with U.O. Number and date of IFA s concurrence, were required under delegation of financial powers. (iv) CRV s in duplicate. (v) 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 contract) (vi) Photocopy of PBG. 8. Fall Clause: (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 contractor sells the stores or offer to sell stores of identical description to any persons/organisation 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 stores to any person/organisation including the purchaser 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 price payable under the contract for stores of such reduction of sale or offer of the sale shall stand correspondingly reduced. (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 stores of description identical to the stores supplied to the Government under the contract herein and stores have not been offered/sold by me/us to any person/organisation 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 Risk & Expense Clauses: Should the items not be delivered within the time or time specified in the supply order or defective delivery is made, the Seller shall be given 03 hours to deliver/replace the defective supply. Buyer will be at liberty without prejudice to the right to recover the full cost towards purchase the items at seller s expense. Decision to recover money from Contractor in respect of purchase or arrangements at Seller expense or of compensation by order or Base Victualling Officer or his successor and any order for recession of the contract by the officer sanctioning. Seller shall be subjected to appeal if preferred in writing within thirty days of issue of such decision or approach Flag Officer Commanding, Karnataka Naval Area whose decisions shall be accepted as final. If such appeal be not duly notified to Flag Officer Commanding, Karnataka Naval Area within that period the original decision or order on question shall be accepted as final. 10. Force Majeure: (a). Neither party shall bear responsibility for the complete or partial nonperformance 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

10 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. 11. Inspection: The inspection will be carried out jointly by the rep of BVY of yard and the Seller / his rep. 12. Transportation: Free of cost up to premises of BVY (Kar)/ Ships on Karwar Naval Port including loading and unloading. 13. Claims: The following Claims clause will form part of the contract placed on successful Bidder a. The claims may be presented either on quantity of the stores, where the quantity does not correspond to the quantity shown in Delivery Challan or 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 at the time of joint inspection and to be made good on same day. c. The quality claims for defects or deficiencies in quality noticed during the joint inspection shall be presented on the same day and acceptance of goods. d. The Seller shall collect the defective or rejected goods from Buyer and replace goods Fresh Point at Base Victualling Yard under Seller s arrangement. e. Claims may also be settled by reduction of cost of goods under claim from Performance Bank Guarantee submitted by the Seller or payment of claim amount by Seller 14. Security. (a) Contractor is to take all reasonable steps necessary to ensure that all persons employed by him/her in any work in connection with the contract, have full knowledge of the Official Secret Act and regulations framed there under. (b) Communication of any information known during the implementation of the contract by contractor to any persons not concerned with such information shall be treated as non-compliance with the provisions of the Official Secret Act and or Rules made there under and render the Seller liable to such punishment as prescribed under Official Secrets Act.

11 (c) It is to be noted that non-compliance with the above instruction shall constitute breach of the contract and shall in addition to the criminal liability entitle, the officer sanctioning the contract to cancel the contract and to purchase the articles or its substitutes at Sellers risk and cost. In the event of such cancellation the articles contracted for or its authorized substitutes shall be procured by the officer sanctioning the contract or his representatives at such price and with in such time as lie consider fair and reasonable and the decision shall be final and binding on the Seller. PART V EVALUATION CRITERIA & PRICE BID ISSUES 1. Evaluation Criteria: Broad guidelines for evaluation of Bids will be as follows: (a) Only those Bids will be evaluated which are found to be fulfilling the requirement given in all the four parts of RFP. (b) Conditional offers will be rejected. (c) The Lowest Bid will be decided upon the lowest overall total basic prices not including taxes and duties levied by Central/State/Local Government quoted by the bidder. To qualify as L1, bidder has to quote for all varieties of items. The consideration of taxes and duties in evaluation process will be as per Para S1-I of Amendment -1/2015 of DPM-09 dated 10 Nov 15 which is elucidated as follows: (i) All taxes and duties (including those for which exemption certificates are issued) quoted by the Bidders will not be considered for deciding of L1. The basic cost to the Buyer would be the deciding factor for ranking of Bids. Bids cost & taxes are to be mentioned separately. (ii) The Bidders are required to spell out the rates of various taxes, etc in unambiguous terms; otherwise their offers will be loaded with the maximum rates of duties and taxes for the purpose of comparison of prices. If taxes are not clearly mentioned the quoted amount will be considered as basic cost. 2. Commercial bid is to be prepared in the following format -: Appendix A : Commercial Bid format Appendix B : Technical Bid Format Appendix C Self Certification format Appendix D : Specification No.119B of Milk Tetra of DFS (Ashish kumar) Lt Commander Base Victualling Officer

12 Appendix A SUPPLY OF MILK TETRA AT BASE VICTUALLING YARD, KARWAR FROM 01 OCT 16 TO 30 SEP 17 SCHEDULE OF REQUIREMENT- COMMERCIAL BID FORMAT- TO BE SUBMITTED IN A SEALED COVER AND WILL BE OPENED IF T-BID IS ACCEPTED BY THE TEC 1. Criteria for deciding L-1firm: The Lowest Bid will be decided upon the lowest overall total basic prices not including taxes and duties levied by Central/State/Local Government quoted by the bidder. To qualify as L1, bidder has to quote for all varieties of items. The consideration of taxes and duties in evaluation process will be as per Para S1-I of Amendment -1/2015 of DPM-09 dated 10 Nov 15 which is elucidated as follows: (i) All taxes and duties (including those for which exemption certificates are issued) quoted by the Bidders will not be considered for deciding of L1. The basic cost to the Buyer would be the deciding factor for ranking of Bids. Bids cost & taxes are to be mentioned separately. (ii) The Bidders are required to spell out the rates of various taxes, etc in unambiguous terms; otherwise their offers will be loaded with the maximum rates of duties and taxes for the purpose of comparison of prices. If taxes are not clearly mentioned the quoted amount will be considered as basic cost SL No. Item Approximate Requirement (in Ltrs) Deno. a) Milk Tetra 2,60, Ltrs Rate (per ltr) Basic Cost Taxes if any Amount (rate X Qty) Total Cost (including taxes) 2. I/We agree that substitute for contracted articles as hereto above provided for may be purchased, procured or supplied from existing Govt. stocks at my/our risk and expense in accordance with Para 9 of Part (IV) of RFP. 3. I/We agree with terms and condition stated in the RFP No. BVY(KAR)/16-17/12/Tetra dated 05 Aug Details like TIN number, VAT/ CST number, Bank address with EFT Account if applicable, etc and complete postal & address of my/our office has been furnished on my letter head/original memo which is attached with the Bid. (Signature of Witness) (Name...) (Address.) (Signature of Tenderer/Authorized Rep) (Name.) (Address.) Station Dated Sep 16

13 TECHNICAL BID MILK TETRA Appendix B FIRMS PARTICULAR 01. Name of the firm 02. Member from NCDFI/NDDB/ DMS/State Cooperative Milk Federation (attached document) 03. Firm Registration No. 04. Address of Registration office of the firm with telephone no. 05. Address of local office of the firm with telephone 06. Details EMD 07. (a) Whether enclosed or not No. dated (b) Amount of EMD/Bank Particular Rs. (c) Form of EMD DD/BG/FDR 08. Having following own facilities / infrastructure (specify with documentary ) (a) Milk Collection from Locals of State (b) Processing infrastructure (c) Marketing of product in civil in local station (d) Local Market share of Co-operative Society (e) Reliability of the Co-operative (f) Distance of the plant from the delivery area (g) Transpirations facilities for Milk available SPECIFICATION S. Technical Specification No. 09. conforming with DFS 119B for Milk Tetra 10. Packing Specifications as per Para 12 of Part II of RFP Remarks of Vendor/Supplier (Yes/No) 11. Packaging Size as mentioned in the RFP 12. Marking / Labeling

14 13 Brands if any 14. Self certification enclosed with Bid or Not 15. All pages of Bid Signed & stamped by supplier 16. Quote submitted for all item of each individual category 17. Agree with all terms and conditions of RFP 18. Warranty Clause (Signature of Witness) (Signature of Tenderer/Authorized Rep) (Name...) (Name.) (Address.) (Address.) Station Dated Sep 16

15 CERTIFICATE OF CONFORMITY TO DEFENCE FOODS SPECIFICATION-2013 SELF CERTIFICATE Appendix C 1. It is hereby certified that all items mentioned below are confirming to the specific Defence Food Specification 2013 as mentioned against each. Ser. No. Items Specification No. of DFS -13 a) Milk Tetra 119B Confirmation to Specification (Yes/No) Confirmation to Packing If NO then reasons/clarification 2. EMD enclosed else registration documents enclosed: Yes/No 3. I/We agree with Packing, Delivery, Marking and Warranty Clauses: Yes/No 4. I/We agree with the terms and condition of RFP. 5. I have read all pages of RFP and understood the content: Basic Cost and Taxes have been mentioned separately as per new guidelines vide Para 16 of Part I of RFP. 6. I/We agree that substitute for contracted articles as hereto above provided for may be purchased, procured or supplied from existing Govt. stocks at my/our risk and expense in accordance with Para 9 of Part (IV) of RFP. 7. I/We agree with terms and condition stated in the RFP No. BVY(KAR)/16-17/12/Tetra dated 05 Aug Details like TIN number, VAT/ CST number, Bank address with EFT Account if applicable, etc and complete postal & address of my/our office has been furnished on my letter head/original memo which is attached with the Bid. (Signature of Witness) (Name...) (Address.) (Signature of Tenderer/Authorized Rep) (Name.) (Address.) Station Dated Sep 16

16 Appendix D SECRETARIAT OF THE TECHNICAL STANDARDISATION COMMITTEE (FOOD STUFFS) (DIRECTORATE GENERAL OF SUPPLIES AND TRANSPORT) DEFENCE FOOD SPECIFICATIONS-2013 SPECIFICATION NO 119B : MULTILAYER ASEPTIC PACK MILK (MAP MILK) TEMP 1. The Milk shall be obtained from healthy cow or buffalo or a combination thereof. The raw milk should be good bacterial quality with no off flavours which might pass into the processed milk. The milk shall be processed by UHT Process. 2. Milk shall be white or white with creamish tinge, clean, wholesome, free from curdling, ropiness, thickening, blood cells, filth, dirt and visible impurities. 3. The Milk UHT should be homogenous free from lumps of fat on the milk surface and no deposition of solids should take place on standing. 4. The milk shall be free from added colouring matter, Neutralizer, flavouring substances, preservatives, contaminants and antibiotics. 5. The milk UHT have pleasant taste and smell, free from objectionable odour and taint, free from staleness, sourness, bitterness and sliminess. Packing 6. The UHT milk shall be packed in MAP of capacity one litre. Pack Specification 7. 5 layered packing comprising 3 layer of Polyethylene, Aluminium foil and Paperboard. Dimensions of the Pack : Height : 166 mm +2 mm Width : 63 mm +2 mm Length : 94 mm +2 mm 8. Tetra Pack shall be further packed as 12 x 1 litre card board tray. Marking 9. (a) Each MAP Pack will be pre-printed with following particulars (Heavy duty sticker may be used for sub para 9(vi) to (viii) below):- (i) Description of contents (in 2.5 cm Characters). (ii) Name of manufacturer. (iii) Brand (if any). (iv) Nett weight of contents (in litre). (v) Directions for use. (vi) Date of manufacture. (vii) Batch No/Lot No. (viii) AT No & date. (ix) FOR DEFENCE SERVICES ONLY.

17 Trays: The following particulars shall be printed / heavy duty sticker pasted on the side panel of each Tray (heavy duty sticker may be used for sub para 10(f) to (h) below):- (b) Name of Manufacturer. (c) Date of manufacture. (d) Gross weight (in gm). (e) No of Packs x Nett weight (in gm). (f) Batch No/Lot No. (g) Warranty expiry date. (h) AT No and date. (j) Code Symbol. (k) FOR DEFENCE SERVICES ONLY. Warranty 11. In accordance with standard warranty clause Appendix `J', the warranty period shall be Six months. Hygiene 12. The MAP shall be prepared in premises maintained in a hygienic condition which shall be open to inspection at any time by a competent authority approved by the Quartermaster General and the Director General of Medical Services (Army). 13. The basic hygienic requirements in a factory producing MAP Milk shall be in accordance with Appendix 'H'. Inspection 14. An inspection shall be carried out by the Director General of Supplies and Transport or an officer acting on his behalf, on all supplies tendered for acceptance. The decision of this officer shall be final. 15. The MAP Milk shall conform to the following analysis in a cut out examination for UHT milk:- (a) Fat - Not less than 3.5% (b) Titratable acidity - Not more than 0.2% (as lactic acid) (c) Milk Protein - Not less than 3.30% (d) SNF - Not less than 8.5% (e) Total Plate Count - Nil per gm (f) Coliform Count - Absent in 0.1 gm (g) E.Coli - Absent in 1 gm (h) Salmonella - Absent in 25 gm (j) Shigella - Absent in 25 gm (k) Staphylococcus aureus - Absent in 1 gm (l) Aerobic Spore count - Not more than 10 / gm (m) Arsenic - Not more than 0.1 PPM Note. 1. Eight samples will be used for Microbiological test. 2. Max two samples can exceed limit of m, but will be less than limit of M. 3. No sample can exceed limit of M. 4. Lots will be rejected if either of note 2 and 3 are exceeded. 5. Refer Appx B, table 01 to 04 and Sampling Guidelines of Food Safety and Standards Regulations, 2011.

18 - 3 - Mandatory Requirements Of FSSAI/BIS 16. All mandatory requirements of FSSAI/BIS, as amended from time to time, pertaining to the above Specification such as marking of BIS certification mark for container / contents, Best Before, coloured symbol for declaring vegetarian and non-vegetarian food etc on packs shall be complied with. Appendix H (Ref Para 13 of Specification No 119B for Tetra Pack Milk (UHT) STANDARD MINIMUM REQUIREMENTS OF HYGIENE IN FOOD FACTORIES 1. To ensure the standard of hygiene in a factory the following g minimum requirements shall apply :- (a) Floors. The floors should be impervious and kept clean all times. (b) Lighting and Ventilation. Adequate standards of lighting (natural and artificial) in working parts of the factory together with adequate ventilation and sufficient space for and protection from machinery. (c) Fly / Rodent / Pest / Bird Proofing. Fly / rodent / pest / bird proofing of factory premises to the extent necessary to protect raw material during storage and processing and the manufactured products until it has been packed and the containers sealed. (d) Water Supply. An adequate supply of potable water in the factory and drinking water for the employees will be provided which shall be periodically tested and certified as free from injurious bacteria and other substances by a public health laboratory. (e) Disposal of Wastes. An efficient drainage system must be provided with proper methods of disposal of waste water and other effluents. Provision must exist to eliminate dusts/fumes if any. (f) Conservancy. A proper conservancy system adequately serviced with approved methods of disposal of human excreta. (g) Additional special hygiene precautions are necessary when waste products which are dangerous or likely to create conditions which are dangerous to health are produced at any stage during handling of raw materials or its manufacture. (h) Safety. Adequate fencing of machinery shall be secured in the case of all types of machinery and its moving parts and the moving machinery shall be kept in a position which provides sufficient safeguard against any accident. Each factory must have first aid box with necessary minimum items. 2. Workers. (a) So far as the health of the employees is concerned, they shall be periodically examined by Medical Officer and it should be ensured that no individual suffering from any communicable disease or any disability likely to result in contamination of the raw materials, implements, equipments or finished products, is employed. (b) All the employees should be protected against communicable diseases with preventive inoculation / vaccination. (c) Provisions for personal hygiene of employees will include potable drinking water, washing facilities (Soap, basin or taps, nail brushes and towels) sanitary annexes and at least two sets of clean clothing for each employees for use only in the factory and Masks / hand gloves, where necessary. There should be a separate room for keeping the personal belongings and to change the clothes and for drying of wet clothes.