: The Base Victualling Officer, Quoting: BVY(KAR)/17-18/08/COND 10 Apr 17

Transcription

1 Tele: /17 Reply should be addressed to The Base Victualling Officer REGISTERED Base Victualling Yard Naval Base Karwar Quoting: BVY(KAR)/17-18/08/COND 10 Apr 17 M/s. REQUEST FOR PROPOSAL FOR ANNUAL RATE COTRACT FOR SUPPLY OF CONDIMENTS AND GARAM MASALA RFP IN TWO BID SYSTEM Before submitting the bid, please read instructions and ensure all the terms and conditions are accepted by the bidder. 1. On behalf of The President of India, tenders are invited by Base Victualling Yard, Naval Base Karwar for supply of Condiments and Garam Masala at Naval Base, Karwar for the period one year. 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 (b) Postal address for sending the Bids : The Base Victualling Officer, : Online bids should submit through CPP Portal and bids should be addressed to BVY(Kar) (c) Name/designation of the contact personnel : Lt Vipin Mohan Oi/c Contract (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.

2 - 2 - (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. 4. This RFP 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 RFP, should it become necessary at any stage. PART I GENERAL INFORMATION. 1. Last date and time for submission of online Bids: The online bids should be submitted through CCP Portal ( and to reach by 1400 hrs on 02 May 17. The responsibility to ensure this lies with the Bidder. 2. Manner of depositing the Bids: The bids have to be submitted online through CPP Portal. Offline/manual/ bids will not be considered. Prices to be quoted in the commercial bid matrix as uploaded in the CPP Portal in the BOQ & Appendix A of the RFP subject tender enquiry along with other important document as indicated. Current case being of two bid system, the firm has to upload Technical document in the first cover and commercial documents in the second cover as indicated in the Cover Details of online tender. 3. Time and date for opening of Bids: Only Technical bid would be opened at 1600 hrs on 03 May 17. Date of opening of the commercial bids will be updated after acceptance of technical bid. Commercial bids of only those firms will be opened whose technical bids and samples are found compliant and accepted by Technical Evaluation Committee (TEC). 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 bidder who has successfully bid can view/observe the tender open online via their login account on CPP Portal. Rates and important commercial /technical clauses quoted by all Bidder will be made available online to all the successfully participants for info. This event will not be postponed due to nonpresence of your representative. 5. Location for Tender submission: 6. Bid system: The tenders will be received on two bid system i.e Technical Bid and Commercial Bid. 7. Forwarding of Bids: Bids should be forwarded online only through website as per description of covers. 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 through CPP Portal. Copies of the query and clarification by the purchaser will be made available to all. No clarification will be entertained over phone or any other means. 9. Modification and Withdrawal of Bids: A bidder may modify or withdraw his bid after submission. 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 Submission of Samples: Vendors are to submit samples of each variety of items to Technical Evaluation Committee (TEC) before opening of Technical Bid. Brands other than those mentioned in the RFP 4 No s samples of each type (250g each) are to be submitted to facilitate inspection of the same from inspection agency. Non-submission of sample for any of the Serial will lead to rejection of bid. 11. 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. 12. Pre-Bid Conference. The Bidders may avail opportunity and depute their representative duly authorized in writing to attend the Pre-bid meeting on 20 Apr 17 at 1430 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. 13. 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. 14. 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. 15. Validity of Bids: The Bids should remain valid till 120 days from the last date of submission of the Bids. 16. Earnest Money Bidder: Bidders are required to enclose Earnest Money Deposit (EMD) for an amount of Rs.55, (Rupees Fifty five 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. 17. Cost of Tender Forms/RFP. Not Applicable.

4 As per DFS Branded items The Lowest Bid will be decided upon the lowest overall total basic prices (Basket Rate / Composite L1 for entire case) 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 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. PART II Essential details of Items Required 1. Schedule of requirement : The Anticipated requirement for the period of one year. The quantities shown below are Approximate Requirements are only given as a rough guide. Plus/Minus 30% 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. Description Pack Size Deno Approximate Quantities (kgs) 1. Chilly Pdr 1Kg Kgs Chilly Pdr 100g Kgs Turmeric Pdr 1Kg Kgs Turmeric Pdr 100g Kgs Corriander Pdr 1Kg Kgs Corriander Pdr 100g Kgs Acceptable Brand MDH, EVERST, CATCH, BADSHAH, MTR or equivalent subject to acceptance by TEC board 7. Chilly Flackes 50g Kgs CATCH, KEYA, AANYA or equivalent subject to acceptance by TEC board 50g 8. Pepper Ground 9. Kgs EVERST, CATCH, BADSHAH or equivalent subject to acceptance by TEC board Cumminseed 1Kg Kgs DFS Cumminseed 100g Kgs DFS Tamarind 1Kg Kgs DFS - 183A 12. Pepper Whole 1 Kg Kgs DFS -147A 13. Fenugreek 1 Kg Kgs DFS Mustard Whole 1 Kg Kgs DFS -127A 15. Asafoetida 1 Kg Kgs DFS Cinamon Stick 1 Kg Kgs DFS Cardmom Large 1 Kg Kgs DFS - 87A

5 Pre-mix Powder 18. Cloves 1 Kg Kgs DFS Aniseed 1 Kg Kgs DFS Bay Leaf 1 Kg Kgs DFS Nutmeg 1 Kg Kgs DFS Poppy Seed 1 Kg Kgs DFS Ajwain 1 Kg Kgs DFS Biryani Masala 100g Kgs Chicken Masala 100g Kgs Chat Masala 100g Kgs Samber Masala 100g Kgs Garam Masala 100g Kgs Meat Masala 100g Kgs Pav Bhaji Masala 100g Kgs Chana masala 100g Kgs Total Quantity MDH, EVERST, CATCH, BADSHAH, MTR or equivalent subject to acceptance by TEC board 2. 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 required 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 samples of items. 3. Cost of Inspection / Testing of the item(s). The costs incurred if any, on account of inspection/testing from a certified food testing laboratory would be borne by the bidders during the time of technical evaluation of their samples prior opening of commercial bid. If the amount incurred on inspection is not paid by the seller post technical evaluation at laboratory commercial bid would be rejected and returned back unopened. The successful bidder, with whom the contract is concluded viz seller, would thereafter during the contract period incur such costs of testing of the item(s) supplied. The expenditure incurred would be paid by the seller to the food testing laboratory as per the charges levied by the laboratory prior obtaining the test report. The number of tests during the contract period would be carried out at the discretion of the buyer, primarily for ensuring the quality of the item(s) in conformity with the laid down specifications/standards. 3. Specification: As per Defence Foods Specification-2013, FSSAI & AGMARK. 4. Packaging: The items are to be packed in packing material which confirms to Indian Standards Specification laid down in Para 2.1 of Food Safety and Standards and regulations Labelling: Labelling of the Condiments is to be in accordance with Para 2.2 of Foods Safety and Standard and Regulations Terms of Delivery: Free of cost at up to the premises of BVY(Kar) and remain at the risk of seller till inspected and accepted. 7. Estimated Shelf Life: The Condiments and Garam Masala should carry minimum shelf of 09 months from the date of delivery (Best Before Use). 8. Delivery Period: Delivery period for supply of Condiments and Garam Masala would be 15 days from the placement of Supply 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

6 - 6 - occasion due to operational requirement, Condiments and Garam Masala 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. 9. FSSAI / AGMARK: The product being offered must have the necessary FSSAI and Agmark certification. A Copy of the valid certificate is to be uploaded along with the technical bid. Non submission of the relevant certificate will lead to rejection of the bid. 10. Supply Order: Supply Order will be given 15 days in advance in writing to the contractor / his representative or sent by fax. 11. Consignee Details: Base Victualling Yard, Karwar 12. The Vendors are to submit a scanned copy of 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 attached in the quote, then the quote will be rejected. 13. Financial Capabilities of the firm. The firm should have financial capability for completion of contracts. These payments 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 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

7 - 7 - 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 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 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 PCDA(N), Mumbai payable at Mumbai. However the same will be kept in the custody of AO(N),Karwar.

9 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. 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.

10 (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 24 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 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.

11 (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. 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 noncompliance 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. (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 (Basket Rate /Composite L1 for entire case) 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 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.

12 (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 format is given at Appendix A and bidders are required to fill this up correctly with full details.-: (Aneesh Rajan) Lieutenant Dy Base Victualling Officer for Base Victualling Officer Appendix A : Commercial Bid format Appendix B : Technical Bid Format Appendix C : Self Certification format

13 SUPPLY OF CONDIMENTS AND GARAM MASALA AT BASE VICTUALLING YARD, KARWAR FOR ONE YEAR Appendix A 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. The Lowest Bid will be decided upon the lowest overall total basic prices (Basket Rate / Composite L1 for entire case) 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 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. SL No. (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. Item Approximate Requirement (in Kgs) Pack Size 1. Chilly Pdr Kg Kgs 2. Chilly Pdr g Kgs 3. Turmeric Pdr Kg Kgs 4. Turmeric Pdr g Kgs 5. Corriander Pdr Kg Kgs 6. Corriander Pdr g Kgs Deno Acceptable Brand Rate/kg Amount (rate X Qty) MDH, EVERST, CATCH, BADSHAH, MTR or equivalent subject to acceptance by TEC board 7. Chilly Flackes g Kgs CATCH, KEYA, AANYA or equivalent subject to 8. Pepper Ground g Kgs EVERST, CATCH, BADSHAH or equivalent subject to 9. Cumminseed Kg Kgs DFS Cumminseed g Kgs DFS Tamarind Kg Kgs DFS - 183A 12. Pepper Whole Kg Kgs DFS -147A 13. Fenugreek Kg Kgs DFS Mustard Whole Kg Kgs DFS -127A 15. Asafoetida Kg Kgs DFS Cinamon Stick Kg Kgs DFS Cardmom Kg Kgs DFS - 87A 18. Large Cloves Kg Kgs DFS Aniseed Kg Kgs DFS Bay Leaf Kg Kgs DFS Nutmeg Kg Kgs DFS Poppy Seed Kg Kgs DFS Ajwain Kg Kgs DFS Pre-mix Powder

14 24. Biryani Masala g Kgs 25. Chicken Masala g Kgs 26. Chat Masala g Kgs 27. Samber Masala g Kgs 28. Garam Masala g Kgs 29. Meat Masala g Kgs 30. Pav Bhaji g Kgs 31. Masala Chana masala g Kgs Amount in words: MDH, EVERST, CATCH, BADSHAH, MTR or equivalent subject to acceptance by TEC board Basic Cost Taxes if any 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)/17-18/08/COND dated Mar 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 Apr 17

15 TECHNICAL BID CONDIMENTS AND GARAM MASALA FIRMS PARTICULAR 01. Name of the firm 02. Name of the proprietor of the firm 03. Whether owned by Partner/ownership/private ltd 04. Firm Registration No. 05. Address of Registration office of the firm with telephone no. 06. Address of local office of the firm with telephone 07. Details EMD (a) Whether enclosed or not No. dated (b) Amount of EMD/Bank Particular (c) Form of EMD DD/BG/FDR 08. Document supporting capabilities as per Part II of RFP enclosed Yes/No. SPECIFICATION OF CONDIMENTS AND GARAM MASALA S. No. Technical Specification Remarks of Vendor/Supplier (Yes/No) 09. Conforming with the Defence Food Specification Sample Submitted (Brands other than those mentioned in the RFP 4 No s samples of each type (250g each) are to be submitted to facilitate inspection of the same from inspection agency. Non-submission of sample for any of the Serial will lead to rejection of bid.) 11. Packing Specifications As per Para 2.1 of FSSAI 12. Packaging Size as mentioned in the RFP 13. Marking / Labeling 14 Brands if any 15. Self certification enclosed with Bid or Not 16. All pages of Bid Signed & stamped by supplier 17. Quote submitted for all item of each individual category 18. FSSAI / Agmark Certificate submitted Rs. Appendix B (Signature of Witness) (Name...) (Address.) (Signature of Tenderer/Authorized Rep) (Name.) (Address.) Station Dated Apr 17

16 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 Confirmation to Specification (Yes/No) Confirmation to Packing If NO then reasons/clarification 1. Chilly Pdr DFS Turmeric Pdr DFS Corriander Pdr DFS Cumminseed DFS Tamarind DFS -183A 6. Pepper Whole DFS 147A 7. Fenugreek DFS Mustard Whole DFS 127A 9. Asafoetida DFS Cinamon Stick DFS Cardmom Large DFS 87A 12. Cloves DFS Aniseed DFS Bay Leaf DFS Nutmeg DFS Poppy Seed DFS Ajwain DFS Chilly Flackes 19. Pepper Ground 20. Premix Curry Pdr 21. Premix Curry Pdr 22. Biryani Masala 23. Chicken Masala 24. Chat Masala 25. Samber Masala 26. Garam Masala 27. Meat Masala 28. Pav Bhaji Masala 29. Chana masala IS (1992) 2. EMD enclosed else registration documents enclosed. Yes/No 3. 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 17 of Part I of RFP.

17 4. I agree to bear the cost of lab testing of samples submitted by me at any testing laboratory as nominated by BVY(Kar) as per Para 15 of Part I of RFP (Signature of Witness) (Name...) (Address.) (Signature of Tenderer/Authorized Rep) (Name.) (Address.) Station Dated Apr 17