Andhra Pradesh Backward Classes Cooperative Financial Corporation 1 RFP for Selection of Suppliers to supply tools under ADARANA Scheme Government of Andhra Pradesh Request for Proposals (RFP) Andhra Pradesh Backward Classes Co-operative Finance Corporation Limited (APBCCFC Ltd.) Name of the RFP: RFP for Selection of suppliers to supply tools under ADARANA Scheme RFP Number: ADARANA (iv)- 06/2018 Type of contract with selected Supplier Rate Contract Project Authority: The Vice Chairman & Managing Director, APBCCFC Ltd., Govt. of Andhra Pradesh Date of issuance: 28/06/2018 Occupations Covered in this RFP Hair Dressing, Fishing, Basketry (Basket making)
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1. PART 1 – Bidding Procedures ............................................................................................................... 6
1.1. Section I - Instructions to Bidders (ITB) .............................................................................................. 6 1.2. Section II - Bid Data Sheet (BDS) ....................................................................................................... 14 1.3. Section III - Eligibility Criteria ............................................................................................................ 17
2. PART 2 – SUPPLY REQUIREMENTS ..................................................................................................... 19
2.1. Section IV - Schedule of Requirements ............................................................................................ 19 2.1.1. Supplier Responsibilities ........................................................................................................ 19 2.1.2. Responsibilities of the Government/APBCCFC ...................................................................... 22 2.2. Payment Terms ................................................................................................................................. 22 2.3. Service Level Agreement (SLA) ......................................................................................................... 22 2.4. Penalties ............................................................................................................................................ 23 2.5. Technical Specifications .................................................................................................................... 23 2.5.1. Hair Dressing Tools ................................................................................................................. 23 2.5.2. Fishing .................................................................................................................................... 24 2.5.3. Basketry (Basket making) ....................................................................................................... 24 2.6. Jurisdiction: ....................................................................................................................................... 25 2.7. Section V - Bidding Forms ................................................................................................................. 26
3. PART 3 - Rate Contract ....................................................................................................................... 41
3.1. Section VI - Format of the Rate Contract Agreement and Terms & Conditions .............................. 41 3.2. Terms and Conditions ....................................................................................................................... 43 3.3. Section VII - Contract Forms ............................................................................................................. lvi 3.4. Section VIII – Details of District wise Executive Directors ............................................................... lviii 3.5. Section IX – Final Delivery Locations of the Tools ............................................................................ lix
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
Background
About ADARANA scheme:
The Andhra Pradesh Backward Classes Co-operative Finance Corporation (APBCCFC) is engaged in
implementing welfare programs and development schemes to empower the backward classes in the state
by improving their productivity and help create additional income for them. As part of this endeavour, the
Government of Andhra Pradesh has decided to re-launch the ADARANA Scheme, a flagship scheme for the
backward classes. The scheme aims to provide modernized tools to artisans belonging to backward classes
and thus contribute to increased income levels. The total budget allocated under the ADARANA scheme is
Rs. 750 Cr. Details of ADARANA scheme have been issued through G.O.Ms. 1 Backward Classes Welfare
Department dated 10/03/2018 and G.O.Ms 9 Backward Classes Welfare Department dated 19/06/2018
The VC & MD, APBCCFC invites Suppliers to submit their proposals for supplying tools against this RFP.
Interested Suppliers should provide information as detailed in various sections of this document to
demonstrate their eligibility.
This RFP contains the following Parts and Sections. The information pertaining to each Part and Section are
given below. The details related to each of the section are mentioned in the subsequent pages.
PART 1 BIDDING PROCEDURES
Section I Instructions to Bidders (ITB)
This Section provides information to help Bidders prepare their Bids. It is based on a single envelope bidding process. It contains details on the submission, opening, and evaluation of Bids received during the procurement process.
Section II Bid Data Sheet (BDS)
This section includes specific information pertaining to this RFP including timelines and purchaser information.
Section III Eligibility criteria
This Section specifies the criteria for eligible bidders who will be invited to enter into a rate contract with the purchaser.
PART 2 SUPPLY REQUIREMENTS
Section IV Schedule of Requirements
This section includes the list of tools and related services and delivery schedules for the
tools to be procured.
Section V Bidding Forms
This section includes the forms that need to be submitted by the bidder as part of its Bid.
PART 3 Supplier Contract
Section VI This section contains rate contract to be entered between APBCCF and the selected bidder.
Section VII Contract Forms
This section includes the forms that need to be submitted by the selected bidder to
APBCCFC
Section VIII This section provides the district wise Executive Director details under APBCCFC
Section IX This section provides the State wide delivery locations where the tools have to be delivered
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
1. PART 1 – Bidding Procedures
1.1. Section I - Instructions to Bidders (ITB)
This section provides information to help bidders prepare their bids. It is based on a single envelope bidding process. It contains details on the submission, opening, and evaluation of bids received during the procurement process. The Bidder is expected to examine all instructions, forms, terms, and specifications before submitting their bid against this RFP. This RFP will override all the previous communications, Bid documents, if any issued by APBCCFC towards procurement of tools under ADARANA scheme.
A. General
1. Scope of Bid
1.1 This RFP is intended to invite suppliers towards supply of tools for the
occupation mentioned below as per the ADARANA scheme.
1.1.1 Hair Dressing
1.1.2 Fishing
1.1.3 Basketry (Basket making)
1.2 Throughout this Bidding document:
(a) “Procuring Agency” means Andhra Pradesh Backward Classes Co-
operative Finance Corporation Ltd (APBCCFC Ltd)
(b) “Purchaser” refers to procuring agency
(c) “in writing” means communicated in written form (e.g. by mail, e-mail,
fax, documentary form published on website used by the Procuring
Agency)
(d) “Day” means calendar day, unless otherwise specified as “Business Day”.
A Business Day is any day that is an official working day of the
purchasing agency
(e) “Delivery Schedule” is the specified period from the date of receipt of
the order from the appropriate authority for the delivery of the Tools, as
per the applicable Incoterms.
(f) “Rate Contract” means the agreement entered into between the
Procuring Agency and Supplier (s) (the successful Bidder(s)) governed by
the terms, conditions & procedures as mentioned at Section VI of this
RFP;
(g) “Supplier” means a successful Bidder entered into Rate contract to
deliver the tools and related services as per the requirements of this
RFP. A Supplier is referred to as a “Manufacturer” or “Authorized Dealer
or Sole Marketer” as applicable in the context of this RFP.
(h) “Tools” means the tools to be supplied by the selected bidder for
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
occupations covered under ADARANA scheme post entering into Rate
contract. Details of such Tools are set out in Part 2, Supply
Requirements of this document;
(i) “Beneficiary” means the person eligible under ADARANA Scheme.
(j) “Procurement” means the process that results in concluding a Supplier
Agreement(s) with a successful Bidder(s), as described in this RFP;
(k) “Related Services” if applicable, means the services incidental to the
supply of the Tools, such as insurance, assembly, installation, training,
warranty and post warranty service, and such other obligations of the
Supplier
(l) “Term” mean the duration of a Supplier Agreement starting on the
Commencement Date. Where applicable, it includes any extension(s) to
the initial Term, if permitted and agreed.
(m) “Grounding” means two (2) days after the beneficiary has received the
tool or fifteen (15) days after the supply of the tools to the designated
delivery location, whichever is earlier.
(n) “Occupation” means Occupations covered under ADARANA scheme
(o) “Scheme” means “ADARANA scheme of Government of Andhra
Pradesh”.
2. Eligible Bidders 2.1 Should satisfy eligibility criteria as defined in section III “Eligibility criteria” of
this document
3. Conflict of Interest
3.1 A Bidder shall not have a conflict of interest. Any Bidder found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest for the purpose of this Bidding process, if the Bidder: (a) directly or indirectly controls, is controlled by or is under common
control with another Bidder; or
(b) receives or has received any direct or indirect subsidy from another
Bidder; or
(c) has a relationship with another Bidder, directly or through common
third parties, that puts it in a position to influence the Bid of another
Bidder, or influence the decisions of the Procuring Agency regarding this
Procurement process;
(d) or any of its affiliates participated as a consultant in the preparation of
the design or technical specifications of the Tools, or Related Services,
that are the subject of the Bid;
(e) Or any of its affiliates has been hired (or is proposed to be hired) by the
Procuring Agency in implementing supplier agreement.
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
(f) Has a close business or family relationship with a professional staff of
the purchaser who will be involved in the preparation or evaluation of
this bid or preparation, supervision and implementation of the rate
contract.
B. Contents of the RFP Document
4. Sections of Bidding Document
4.1 The Bidding document consists of Parts 1, 2, and 3, which include all sections, schedules, annexures, and should be read in conjunction with any addenda issued subsequently.
PART 1 - Bidding Procedures
Section I - Instructions to Bidders (ITB)
Section II - Bid Data Sheet (BDS)
Section III – Eligibility Criteria
PART 2 - Supply Requirements
Section IV - Schedule of Requirements
Section V - Bidding Forms
PART 3 – Supplier Contract
Section VI –Format of the Rate Contract and Terms & Conditions
Section VII – Contract Forms
Section VIII – Details of District wise Executive Director
Section IX – Final Delivery Locations of the Tools
5. Clarification of Bidding Document
5.1 A Bidder requiring any clarification of the Bidding document shall contact the Procuring Agency in writing at the Procuring Agency’s address specified in the BDS in the following section.
5.2 The Procuring Agency will respond within writing to any request for clarification, provided that such request is received prior to the deadline for submission of Bids within a period specified in the BDS. The Procuring Agency shall forward copies of its response to all Bidders.
5.3 The Procuring Agency is not responsible for the completeness of the
document, responses to requests for clarification, the Minutes of the pre-Bid
meeting (if any), or addenda to the Bidding document unless the bidders
obtain them directly from the Procuring Agency.
6. Amendment of Bidding Document
6.1 At any time prior to deadline for submission of Bids, the Procuring Agency may amend the Bidding document by issuing addendum / corrigendum etc.
6.2 Any Addendum / Corrigendum issued shall form part of the Bidding document
and shall be communicated / published by the Procuring Agency.
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
7. Cost of Bidding
7.1 The Bidder shall bear all costs associated with the preparation and submission
of its Bid and the Procuring Agency shall not be responsible for the same.
8. Language of Bid
8.1 The language of the bid shall be English. Supporting documents and printed
literature that are part of the bid shall also be in English.
9. Documents Comprising the Bid
9.1 All the forms shall be prepared and furnished as per this RFP. The forms must
be completed without any alterations to the text, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested.
9.2 The original and all copies of the Bid shall be typed and shall be signed by a person duly authorized to sign on behalf of the Bidder. This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the Bid. The name and position held by each person signing the authorization must be typed or printed below the signature. All pages of the Bid where entries or amendments have been made shall be signed or initialed by the person signing the Bid.
9.3 The Bid submitted by the Bidder shall comprise the following documents:
(a) The Bid (in the format as specified); (b) Bid Security in the form of Bank Guarantee from the Bidder for Rs.5,00,000/- ( Rupees Five Lakh Only); (c) Technical Conformity Documents of The Tools; and (d) Any other material or form or supporting document required to be submitted by bidders as per Bidding forms, as specified in the BDS.
10. Currencies of Bid and Payment
10.1 The bid shall be in Indian Rupees (INR) only.
11. Documents Establishing the Eligibility and Conformity of Tools
11.1 To establish the conformity of the Tools and Related Services to the Bidding document, the Bidder shall furnish as part of its Bid the documentary evidence that the Tools conform to the technical specifications and standards specified in Section IV, Schedule of Requirements.
11.2 The documentary evidence may be in the form of a certificate issued by any Indian government agency or Indian government accredited agencies or any International agency which is accepted as per Indian standards.
12. Period of Validity of Bids
12.1 Bids shall remain valid for the Bid Validity period specified in the BDS. The Bid Validity period starts from the date fixed for the Bid submission deadline. A Bid valid for a shorter period shall be rejected by the Procuring Agency as nonresponsive.
12.2 In exceptional circumstances, prior to the expiration of the Bid validity period,
the Procuring Agency may request Bidders to extend the period of validity of
their Bids. The request and the responses shall be made in writing.
All correspondence exchange shall be in “English” language.
Price Adjustment The prices quoted by the Bidder “shall not be “subject to adjustment
during the performance of the supplier agreement.
Final Destination for Delivery of
tools
Bidder shall supply tools to Mandal Parishad Development Office (MPDO) Office at each Mandal or Municipal Commissioner office of each Municipality as the case may be in each District in the State of Andhra Pradesh.
The final destination for delivery of tools is provided in Section IX of this RFP.
The contact points of the MPDOs / Municipal Commissioners as well as the storage points will be communicated with successful bidders.
Order Placement & Payment
Authority
The Order shall be placed by Executive Director, Dist. Backward Classes Service Coop. Society of each District. The details are provided in Section VIII of this RFP.
Payment Shall be processed by the Executive Director, Dist. Backward Classes Service Coop. Society of each District. as per the Payment terms defined in this RFP
The overall order placement and payment process shall be governed by the Rate contract of this RFP.
Bid Currency The Bidder is required to quote the Prices in Indian Rupees (INR) only.
Manufacturer’s Authorization Manufacturer’s authorization is ”Mandatory”
Must Meet 1. Copy of Certificate of registration of the bidder’s Company/ Certificate of Incorporation from Registrar of Companies (ROC), Ministry of Company Affairs, Govt. of India;
2. Board Resolution duly certified authorizing the
person signing the Bid and Bid documents on behalf of the Company.
3. Deed of Partnership, Copy of the Registration of
the Firm with Registrar of Firms;
4. Registration Certificate of the Society under
Society Registration Act along with its Articles & Bye Laws;
5. Resolution authorizing the designated
partner/ Secretary of Society to sign Bid documents;
6. Memorandum of Association
2 Must be a manufacturer/Authorized
dealer/sole marketer
Must Meet For Manufacturers
— Copy of Udyog Aadhaar Memorandum (UAM) Or Copy of Entrepreneur Memorandum-II (EM)
— Copy of Factory License
For Authorized Dealers / Sole Marketer
— Copy of the License under Shop and Commercial Establishment Act.
— Copy of Trade License
3 The Net Worth of the Bidder must be
positive as on 02/07/2018.
Must meet A certificate from the Chartered Accountant clearly
stating the Net Worth as on 02/07/2018 as per the
format provided in Section V – Bidding Forms
3 The bidder should have turnover of at least
INR 1 Crore in each of the last 3 audited
financial years as on 31/03/2018
Must meet Certificate from Chartered Accountant as per the
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
2. PART 2 – SUPPLY REQUIREMENTS
2.1. Section IV - Schedule of Requirements
This Section includes the List of Tools and Related Services, the Delivery and Completion Schedules, the
Technical Specifications of the Tools and Related Services to be procured under the rate contract system.
2.1.1. Supplier Responsibilities
The Suppliers who enters into a Supplier Agreement with APBCCFC shall perform the following
responsibilities:
1. Supplier Registration
a. The Suppliers are required to register themselves on the ADARANA online portal being
designed by the APBCCFC. b. The Supplier will need to provide details such as Name of the Firm, Occupation supported
under ADARANA scheme, Tool Name, Copy of GST, photo and description of each tool to be supplied under ADARANA scheme, Manufacturer’s authorization in case of an authorized dealer etc.
c. Each such supplier registered, shall be given user credentials to access ADARANA portal d. The details of the tools provided by each Supplier will be displayed on the ADARANA portal
to facilitate the beneficiaries in selection the tools of their choice. e. Post submission of the tool details as mentioned in point (d), only then the supplier will be
allowed to supply the tools required.
Note: Order placement by the Government/APBCCFC a. The APBCCFC will place the orders to the suppliers through the ADARANA portal. The
quantum of the order will be determinant on the beneficiaries selecting the tools on the ADARANA portal. Orders will be placed district wise separately as mentioned in the BDS.
b. Once the beneficiaries conclude the selection of the tools, the Executive Director, APBCCFC at each district will authorize the order placement through the ADARANA portal.
c. The order placement shall contain the details of the beneficiary requesting for the tool such as Beneficiary name, unique number assigned to the beneficiary, Mandal name, District name etc.
d. The order placement to the Supplier pertaining to the entire state shall be at one go. The above are internal processes of the Government/APBCCFC and have been highlighted for adequate clarity. These processes are subject to modifications and the final processes will be intimated to the selected suppliers.
2. Order acceptance by the suppliers
a. Suppliers are required to accept orders placed through the ADARANA portal. At the time of
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
order acknowledgement, the system will show the delivery location and other details. b. Each supplier needs to submit Bank Guarantee of 5% of the each order value. Failing which
supplier will not be allowed to supply. c. The detailed operating procedure related order acceptance will be communicated to the
Supplier.
3. Packaging a. The Suppliers are required to provide the tools with standard packaging and labeling of each
tool with the Name, address of the respective Beneficiary etc. b. The fields to be mentioned on the packaging will be informed to the supplier.
4. Delivery
a. The delivery of the tool (including transportation, handling, insurance, packing,
installation/assembling) to the prescribed location is sole responsibility of the Supplier. b. The quality of the tools should be the sole responsibility of the supplier. c. The Suppliers need to deliver the tools to the designated MPDO office or the location as
prescribed by the Government/APBCCFC at each Mandal in the Districts of the State of Andhra Pradesh and as per the acknowledgement provided on the ADARANA portal.
d. The Suppliers have to confirm, that all requirements of the order have been met without any deviation to the RFP terms and conditions.
e. Delay in the order delivery committed by the Supplier or any deviation on the tools supplied liable to penalty as per the SLA defined in this RFP.
f. The dealer shall comply with all the timelines set in the RFP, failing which Penalties will be applicable as mentioned in Penalties section.
5. Delivery Acknowledgement a. The Supplier needs to obtain a delivery acknowledgement from the MPDO / Municipal
Commissioner or any authorized person as designated by the government against each order delivered to the designated locations in that respective district.
b. The designated officer will cross check details of each tool against the order acknowledgement provided by the Supplier.
6. Quality Adherence a. The Suppliers are mandated to provide an undertaking on conformity of relevant quality
standards certifications (such as ISI, ANSI, ISO, OSHA, EN etc.) are met for each of the tools as per the order acknowledgement provided by the supplier.
b. The Supplier is required to produce the Standard certificates while supplying the tools. c. All the tools supplied shall be provided with standard warranty similar/equal to prevailing
market practices.
7. Grounding of the Tools a. The Suppliers will receive the first payment on grounding of tool as defined in the payment
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
Note - Grounding shall mean “two (2) days after the beneficiary has received the tool (including
installation/assembling) or fifteen (15) days after the supply of the tool to the designated
delivery location, whichever is earlier”.
Note: Third Party Evaluation to be carried out by Government/APBCCFC a. A third party evaluation will be carried out over the tools supplied by the suppliers. b. The third party evaluation will be carried out by the staff designated by the government. c. The staff shall visit the beneficiary and take a photograph of the tool along with the
beneficiary. The staff shall also determine whether the tool received by the beneficiary is in working condition. The photograph shall be uploaded in the ADARANA portal.
d. For the tools which are not found to be in working condition, the payment shall be withheld. The balance payment against the tools shall be released after the satisfactory third party evaluation as defined in the payment terms.
e. The Supplier shall attend to the complainant or beneficiary whose tools require servicing or replacement as defined in the Service level agreements (SLA) section in this RFP.
f. The Third party evaluation will be completed within 30 days of ‘grounding’ of the tools. The above are internal processes of the Government/APBCCFC and have been highlighted for adequate clarity. These processes are subject to modifications and the final processes will be intimated to the selected suppliers.
8. Servicing under warranty
a. The Warranty service (e.g. replacement of faulty tools or parts under warranty, customer
service on the tools provided during the warranty period etc.,) will be the responsibility of the Suppliers. During the warranty period, the Supplier needs to perform servicing at the doorstep of the beneficiary or at a common a location within each Mandal. The plan for servicing tools shall be submitted by the Supplier, at the time of submission of performance security for the order.
b. The beneficiary will have a provision to raise an issue on the tool through the ADARANA portal. Such issues will be intimated to the suppliers through ADARANA portal. On receipt of the issue, the suppliers are required to attend to the complaint as per the SLA as defined in the SLA section of this RFP.
c. The suppliers are liable for penalties on deviation of the Service Level Agreement (SLA) defined under Warranty period. Such penalties applicable are defined Penalty section of this RFP.
9. Support post -warranty a. The support of the tools post warranty period needs to be carried out by the supplier as per
the SLAs mentioned in this RFP.
10. Support personnel a. All the Suppliers shall appoint an authorized person to co-ordinate and report to the VC &
MD, APBCCFC or his authorized representative throughout the period of Supplier contract. b. Supplier may, at its discretion, deploy manpower as may be needed for successful discharge
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
2.1.2. Responsibilities of the Government/APBCCFC
The Government/APBCCFC shall ensure and establish processes for order placement, delivery
acknowledgement & Third party evaluation are completed within the stipulated time.
2.2. Payment Terms
The payment will be processed by the Executive Director, APBCCFC of each district duly taking approval of
the respective District Collector. The payment terms for the supply of tools under ADARANA scheme are as
follows
1 70% of Unit cost to the firms upon grounding of the tools. 2 30% of the Unit cost post Third party evaluation of the tools.
2.3. Service Level Agreement (SLA)
1 Suppliers to conclude the ‘Supplier Agreement’ upon notification by Purchaser in 7 days 2 Order Acknowledgement by the supplier – within 48 Hours or 2 business days of receiving the intimation 3 Submission of performance security in the form of BG- 5% of order value of each order by Supplier –
within 1 week of the receipt of the order 4 Delivery of the Tools to the final destination as prescribed by Purchaser – within 45 days of receipt of
the order acknowledgement. 5 Resolving Complaints lodged by the Beneficiary on the tools - within 7 days of the receipt of the
complaint. 6 Replacement of the faulty tools covered under Warranty period – within 15 days of the receipt of the
issue 7 Post warranty SLAs to be defined for the tools as per the rate contract and as provided in the bid
response to this RFP. 8 Any Material deviation in the tools delivered will be rejected by the purchaser. The suppliers are
required to replace the tools within one week of such incident.
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
2.4. Penalties
1 Order Acknowledgement
— 0.1% of the total order value per every day’s delay. The total penalty applicable shall be cumulative of the penalty for total number of days of delay. The payment of the order will be made after deducting the total penalty amount
2 Order delivery to Mandal Storage facility
— 0.5% of the total order value per every 7 days’ delay. The total penalty applicable shall be cumulative of the penalty for total number of period of days of delay. The payment of the consignment will be made after deducting the total penalty amount
3 Warranty support – attending to the complaint received from beneficiary
— 0.5% of the total value of the tool per every day’s delay. The total penalty applicable shall be cumulative of the penalty for total number of days of delay. The supplier is required to remit the amount to the concerned ED of the district.
4 Warranty support - Replacement of faulty items
— 0.5% of the total value of the tool per every day’s delay. The total penalty applicable shall be cumulative of the penalty for total number of days of delay. The supplier is required to remit the amount to the concerned ED of the district.
2.5. Technical Specifications
“Summary of Technical Specifications. The Tools and Related Services shall comply with following
Technical Specifications and Standards:
— All tools supplied and the assembled machine as a whole should be compliant with IS / ANSI / EN /
OSHA / ISO standards as applicable.
— Assembled / installed tool should be such that it is usable directly by the beneficiary in their
occupations.
— Assembling / Installation, if any, shall be undertaken by the supplier.
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
2.5.2. Fishing Tools
Item No Name of Tools
1 FRP Boat
2 FRP Putty
3 Fishing GPS
4 Aerators
5 Fishing Nets
6 Fishing Floats
2.5.3. Basketry (Basket making) Tools
Item No Name of Tools
1 Bamboo slicing machines
2 Bamboo splitting machines
3 Bamboo cutting machines
4 Basket making toolkit
Note:
— The above items mentioned are indicative only. — The Suppliers may suggest any additional tools or models available provided they conform to
the Standards mentioned above. — The tools which do not meet the standards will not be considered for a Rate contract. — APBCCFC shall have the right to reject any tool mentioned in the bid response without assigning
any reason — The purchaser shall have the right to place order on select tools, which in its view are useful to
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
We hereby certify that-
A. No reservations: We have examined and have no reservations to the bidding document, including addenda issued in accordance with ITB
B. Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with ITB
C. Bid/Proposal-Securing Declaration: We have not been suspended nor declared ineligible by the APBCCFC or any other Indian government entity based on execution of a Bid Securing Declaration or Proposal Securing Declaration in accordance with ITB
D. Conformity: We offer to supply in conformity with the bidding document and in accordance with the Delivery Schedules specified in the Schedule of Requirements
E. Bid Validity Period: Our Bid shall be valid for the period specified in BDS (as amended, if applicable) from the date fixed for the Bid submission deadline specified in BDS (as amended, if applicable), and it shall remain binding upon us, and may be accepted at any time before the expiration of that period;
F. Performance Security: If our Bid is accepted, we commit to obtain a performance security in accordance with the bidding document;
G. All the statements made and information furnished in the application and the enclosures are true and correct.
H. We have furnished all information and details necessary for RFP and have no further pertinent information to supply (unless specifically asked for by the APBCCFC Ltd at a later stage).
I. We agree that the VC & MD, APBCCFC or their authorized representatives can undertake verification of the documents submitted by us in response to this RFP.
J. We submit certificates and documents in support of our suitability, technical knowhow and capability for having successfully providing the required supply of the tools / implements, in prescribed format.
K. We agree to provide any additional information as requested by APBCCFC Ltd towards the evaluation of our application.
L. We agree that the discretion and decision of the APBCCFC Ltd. in respect of the Request for Proposal (RFP) for supply of tools under ADARANA Scheme to be final.
M. Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person acting for us, or on our behalf, engages in any type of Fraud and Corruption.
Name of the Bidder: (insert) _________________________
Name of the person duly authorized to sign the Bid on behalf of the Bidder: (insert)
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
NOTE:
No Joint Ventures of joint bids are allowed to participate and bid in this RFP
Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid Schedules.
Authorized Dealer needs to submit a dealer authorization letter from the manufacturer (for every manufacturer tool that dealer is supplying) that indicates that the manufacturer authorizes the dealer to bid for and supply these tools in the district (In Andhra Pradesh) as indicated by the manufacturer.
No two Authorized dealers are allowed to bid for and supply for the same district
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
2. Bidder Information Form
[The Bidder shall fill in this Form in accordance with the instructions indicated below. No alterations to its format shall be permitted and no substitutions shall be accepted.]
Date of this Bid submission: DATE, time and place to be inserted
The Bidder shall fill in these Price Schedule Forms in accordance with the instructions indicated. The list of line items in column 1 of the Price Schedules shall coincide with the List of Tools and Related Services specified by the Purchaser in the Schedule of Requirements.
All prices quoted to be in Indian Rupees (INR) only
No escalation in price is allowed.
No Other taxes and duties other than GST will be paid on these items
All tools mentioned here shall comply with technical specification mentioned at section IV
Each row item of the format should be filled with one single tool only
Any tools not related to the ADARANA scheme and not related to the occupation mentioned at BDS of
this RFP should not be mentioned in this form.
Hand written price schedule will not be acceptable
Form should be filled in English only.
Incomplete forms will be summarily rejected,
Note: APBCCFC/Government shall have the right to negotiate the price quoted for tools specified by the
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
Price Schedule
Name of Occupation: __________________________________(to be filled by the bidder)
1 2 3 4 5 6 8 9 10 11 12 13
Line
Item
No
Tool Name Description of
Tools
Make Model Specification of
the Tool
Standards
Applicable (ISI,
ANSI, ISO etc.)
Cost per unit
(INR)
Discount on
the cost
Price for Adarana
scheme (INR)
Transportati
on per unit
(INR)
(including
packaging,
shipping,
handling &
insurance)
costs
GST (INR) Total Price per Line
item
(Col. 11+12+13)
Name of Bidder _____________________________ Signature of Bidder ____________________________ Date _______________________
Note: Bidder shall use separate Price schedule for each Occupation
All the tools supplied by the supplier must conform to the Indian Standards (IS) or International Standard compatible to IS. These will be checked at the time of
grounding. Non-conformity to standards will lead to non-payment of the cost of the tool.
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that ______ [insert name of the Bidder] (hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Bid (hereinafter called "the Bid") for the execution of ________________ under Request for Proposals No. __________ _ (“the RFP”).
Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must be supported by a Bid guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of INR___________ (Rupees____________) upon receipt by us of the Beneficiary’s complying demand, supported by the Beneficiary’s statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Applicant:
(a) has withdrawn its Bid during the period of Bid validity set forth in the Applicant’s Covering Letter (“the Bid Validity Period”), or any extension thereto provided by the Applicant; or
(b) Having been notified of the acceptance of its Bid by the Beneficiary during the Bid Validity Period or any extension thereto provided by the Applicant, (i) has failed to sign the contract agreement, or (ii) has failed to furnish the performance security, in accordance with the Instructions to Bidders (“ITB”) of the Beneficiary’s bidding document.
(c) The APBCCFC Ltd will have the right to inform the bank regarding the penalties and revoke the bank guarantee
This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt of copies of the Contract agreement signed by the Applicant and the performance security issued to the Beneficiary in relation to such Contract agreement; or (b) if the Applicant is not the successful
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
Bidder, upon the earlier of (i) our receipt of a copy of the Beneficiary’s notification to the Applicant of the results of the Bidding process; or (ii) twenty-eight days after the end of the Bid Validity Period.
Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date.
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
5. Form of Bid-Securing Declaration
[The Bidder shall fill in this Form in accordance with the instructions indicated.]
Date of this Bid submission: DATE, time and place to be inserted
RFP No.: RFP number to be inserted
Request for Proposal No.: Any additional number
To: VC&MD, APBCCFC, Tadigadapa, Vijayawada, Andhra Pradesh
We, the undersigned, declare that:
We understand that, according to your conditions, Bids must be supported by a Bid-Securing Declaration.
We accept that we will automatically be suspended from being eligible for Bidding or submitting proposals in any contract with the Purchaser for the period of time of three (3) years starting on the date of issue of this RFP, if we are in breach of our obligation(s) under the Bid conditions, because we:
(a) have withdrawn our Bid during the period of Bid validity specified in the Covering Letter; or
(b) having been notified of the acceptance of our Bid by the Purchaser during the period of Bid validity, (i) fail or refuse to sign the Contract; or (ii) fail or refuse to furnish the Performance Security, if required, in accordance with the ITB.
(c) have taken order and not delivered as per the order. (Penalties will be deducted from the bank guarantee)
We understand this Bid Securing Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of our Bid.
Name of the Bidder
Name of the person duly authorized to sign the Bid on behalf of the Bidder** _______
Title of the person signing the Bid ______________________
Signature of the person named above ______________________
Date signed ________________________________ day of ___________________, _____
**: Person signing the Bid shall have the power of attorney given by the Bidder attached to the Bid
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
3.5 “Term” mean the duration of this Supplier
Agreement, starting on the
Commencement Date. Where applicable,
it includes any extension(s) to the initial
Term, if permitted and agreed.
3.6 "Legal Proceedings"- means any suits,
proceedings, judgements, rulings or
orders subject to the Jurisdiction of
Courts at Vijayawada. The laws of the
State of Andhra Pradesh and India shall
apply to any such proceeding arising out
of or in connection with this agreement;
3.7 "Purchase Order"- means a Purchase
Order issued by ED, Dist. Backward
Classes Service Coop. Society of each
District to the Supplier for the order of
the supply and delivery of the Tools
and/or Services subject to these T&C;
3.8 "APBCCFC"- means Andhra Pradesh
Backward Classes Cooperative Financial
Corporation having its principal place of
business at 4th Floor, Vishal Residency,
Near VR Siddhartha College, Kanuru,
Tadigadapa, Vijayawada, 521137.
3.9 “Scope of Work”- means the document
which defines APBCCFC’s objectives and
Supply requirements and specifies the
Tool which must, or may, be provided
under this Supplier Agreement;
3.10 "Related Services"- means the services
incidental to the supply of the Tools, such
as insurance, assembly, installation,
training, warranty and post warranty
service, and such other obligations of the
Supplier in connection therewith;
3.11 “Rate Contract” means the agreement
entered into between the Procuring
Agency and Supplier (s) (the successful
Bidder(s)) governed by the terms,
conditions & procedures as mentioned at
Section VI of this RFP;
3.12 "Supplier"- means a Bidder who has
concluded this Supplier Agreement
through the Procurement process and
may be considered for the award of a
Rate Contract, to deliver the Tools, and, if
applicable, Related Services, as and when
required to APBCCFC and named as
Supplier in the Purchase Order or Rate
Contract and includes its representatives,
affiliates, successors, and approved
assignees.
4. Term of the Rate Contract
The Term of this Rate Contract including
the Terms and Conditions (“T&C”) is for
One Year
5. GENERAL PROVISIONS
5.1 Jurisdiction and Governing Law
These T&C shall be governed by and
construed and interpreted in accordance
with to the Jurisdiction of Courts at
Vijayawada. The laws of the State of
Andhra Pradesh and India shall apply to any
such proceeding arising out of or in
connection with this Rate Contract in
respect of all disputes arising from or in
connection with these T&C.
5.2 Contractual Language
The language of the Contract and of all communications between the Parties shall be “English”. All bids, responses, communications, reports and recommendations given by the Supplier under these T&C shall be in “English”.
5.3 Coordination and General Queries
5.3.1 The Supplier and APBCCFC shall each appoint a representative duly authorized to issue and accept instructions with regard to the supply of Tools and/or the rendering of Services in terms of these T&C.
5.3.2 General queries relating to these T&C shall be forwarded to the VC & MD, APBCCFC. All communications shall contain details of the Supplier, the relevant business unit(s) within APBCCFC to whom Tools are or are to be supplied and/or Services rendered or to be rendered as well as APBCCFC's contract reference number.
5.4 Confidential Information
5.4.1 The Supplier understands and acknowledges that by reason of its relationship with APBCCFC, it may have access to certain information and
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
materials concerning APBCCFC’s business, plans, APBCCFC's customers and/or suppliers and technology that constitutes proprietary and confidential information of, and of substantial value to, APBCCFC ("Confidential Information") and which value would be impaired if such Confidential Information were disclosed to a third party. The Supplier agrees that it shall not use, in any way, for its own account or the account of any third party, nor disclose to any third party, any Confidential Information disclosed and/or revealed to it by APBCCFC other than to fulfill its express obligations under these T&C. The Supplier will take every reasonable precaution to protect the confidentiality of the Confidential Information.
5.4.2 The Supplier’s obligation not to disclose Confidential Information shall not apply where such Confidential Information is demonstrated by dated written documents -
5.4.2.1 to be in the public domain;
5.4.2.2 to have been obtained or acquired in good faith from a third party not under a similar obligation of confidence; and
5.4.2.3 to be required to be disclosed under the operation of law or pursuant to a lawful order of a court of competent jurisdiction, provided that the Supplier takes reasonable steps to first give APBCCFC sufficient prior notice to contest such order.
5.4.3 Immediately upon termination of these T&C the Supplier shall return to APBCCFC all Confidential Information (and all copies thereof) on any media which is in the Supplier’s possession or under its control, or shall at APBCCFC’s election destroy all such Confidential Information and shall confirm in writing to APBCCFC that it has complied in all respects with the provisions of this clause.
5.4.4 The confidentiality obligations in terms of this clause 4.4 shall survive the termination of these T&C.
5.5 Non-Solicitation
During the term of these T&C and for 6 (six) months after any termination of these T&C, the Supplier shall not, without the prior written consent of APBCCFC, either directly or indirectly, on the Supplier's own behalf or in the service or on behalf of others, solicit or attempt to solicit, divert or hire away any person employed by APBCCFC or any customer of APBCCFC.
5.6 No Advertisement
The Supplier shall not, without the prior written consent of APBCCFC, advertise, publish or disclose to any person, in any manner, the fact that the Supplier has supplied or has contracted to supply Tools and/or render Services to APBCCFC.
5.7 Variation
No alteration or variation to, or consensual cancellation of, these T&C shall be of any force or effect unless it is recorded in writing and signed by the Supplier and the Project Manager on behalf of APBCCFC.
5.8 Entire Agreement
Save for the representations made by the Supplier inducing APBCCFC to enter into contracting with the Supplier, these T&C constitutes the entire agreement between the parties with regard to the subject matter thereof and supersedes all previous agreements, negotiations, representations and correspondence in respect of the subject matter of the Purchase Order.
5.9 Waiver
No failure by a party to enforce any provision of these T&C shall constitute a waiver of such provision or affect in any way a party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any right arising from any subsequent breach nullify the effectiveness of the provision itself.
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
5.10 Severability
5.10.1 In the event that any of the terms of these T&C are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining provisions, which shall remain of full force and effect. If any invalid term is capable of amendment to render it valid, the parties agree to negotiate an amendment to remove the invalidity and any failure to reach agreement on such amendment shall constitute a dispute capable of being resolved in terms of these T&C.
5.10.2 Any provision of these T&C which contemplates performance or observance subsequent to any termination or expiration of this T&C, shall survive any termination or expiration of these T&C.
5.11 Conflict of Interest
The Supplier hereby represents and warrants that the execution of these T&C and the performance of the obligations of the Supplier hereunder will not breach or be in conflict with any other agreement to which the Supplier is a party or is bound and that the Supplier is not now subject to any covenants against competition or similar covenants that would affect the performance of the Supplier hereunder.
5.12 Cession and Assignment
5.12.1 The Supplier shall not be entitled to cede or assign or entrust or part with any or all of its rights and/or delegate its obligations under these T&C (including by way of subcontracting) without the prior written consent of APBCCFC. APBCCFC shall not be bound to give such consent and may withhold same without assigning any reason therefore or may grant such consent subject to such terms and conditions as APBCCFC may, in its absolute discretion, deem fit. Notwithstanding any permitted assignment, such assignment shall not relieve the Supplier of its obligations and liabilities in terms of these T&C.
5.12.2 APBCCFC shall be entitled to cede any of its rights in terms of these T&C to any group company or business unit of APBCCFC.
6. NATURE OF THE RELATIONSHIP
6.1 Independent Contractors
6.1.1 The Parties are independent contractors to each other. Nothing in these T&C shall be construed to create a partnership, joint venture or agency relationship between the Parties.
6.1.2 The Supplier has no authority whatsoever to incur and may not incur any obligation on behalf of APBCCFC.
6.1.3 The Supplier is responsible for inter alia all costs and expenses howsoever and whatsoever necessary to fulfil his contractual and other obligations.
7. STANDARDS OF DOING BUSINESS
7.1 Legal Formation
The Supplier warrants the following:
7.1.1 that the submission and or conclusion of these T&C and any agreement and Purchase Order has been duly authorized by all necessary corporate or other organizational action on its part and do not violate or conflict with any law applicable to it, its organizational documents or any order or judgment of a court or other agency of government applicable to it or its assets;
7.1.2 that it has any and all necessary governmental and other third party permits, approvals and licenses required to fulfill all obligations undertaken pursuant to these T&C;
7.1.3 that there are no insolvency proceedings pending or being contemplated by it or, to its knowledge, threatened against it;
7.1.4 that it is financially sound and has sufficient cash flow to honour its obligations in terms of this T&C; and
7.1.5 that there are no Legal Proceedings pending or, to its knowledge, threatened against it or any of its affiliates that are
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
likely to affect the legality, validity, enforceability or its ability to perform its obligations under these T&C and Purchase Order.
7.1.6 The Supplier warrants that it is familiar with the requirements of the aforementioned legislation and shall ensure strict compliance.
7.1.7 It shall be the Supplier’s responsibility to provide a valid accredited certificate each and every year, prior to the expiry date of same.
7.1.8 Notwithstanding anything contrary herein contained, non-compliance is tantamount to breach of these T&C and APBCCFC may at its sole and absolute discretion terminate the Purchase Order or any agreement forthwith and or reject any proposed price increases or escalations.
7.2 Ethical Business Practices
7.2.1 The Supplier shall prohibit any of its employees and agents from offering, soliciting or accepting any advantage as defined in any applicable anti-corruption and bribery laws when conducting business in connection with these T&C.
7.2.2 The Supplier shall be committed to being a socially responsible corporate citizen, using honest and fair business practices and to act with integrity in the best interests of APBCCFC;
7.2.3 The Supplier shall have a written code of business ethics and conduct and shall promote compliance with such code of business ethics and conduct.
7.2.3.1 Ensure corrective measures are promptly instituted and carried out.
7.2.4 The Supplier is and will remain in compliance with all applicable anti-corruption and bribery laws, including the laws of the country in which Tools are produced and/or delivered and/or Services are to be performed pursuant to these T&C.
7.3 Indemnity
7.3.1 The Supplier shall indemnify APBCCFC against all loss, liabilities, damages, costs, legal costs, professional and other expenses of any nature whatsoever that APBCCFC may suffer, sustain or incur, whether direct or consequential, arising out of or in connection with any breach of the aforesaid anti-corruption and bribery laws by the Supplier or his employees, agents or sub-contractors.
7.3.2 The Supplier, hereby assuming personal liability in respect of any act performed by its employees and/or sub-contractors (if any), indemnifies and holds APBCCFC, its officers, directors, employees and agents (collectively, the "Indemnified") harmless from and against, and shall, on demand, pay to the Indemnified the amount of any and all damages, claims, losses, expenses, costs, obligations and liabilities, including, without limiting or incurred in connection with:-
7.3.2.1 any breach of any representation or warranty made by the Supplier in connection with or pursuant to these T&C;
7.3.2.2 any Tools supplied and/or Services rendered by the Supplier in connection with or pursuant to these T&C, including any defects therein;
7.3.2.3 any failure by the Supplier to perform, comply with and/or fulfill any of its obligations in connection with or pursuant to these T&C; or
7.3.2.4 any litigation, proceedings or claims by any third party, for whatsoever cause and howsoever arising (including, without limiting the generality of the aforesaid, breach or alleged breach of intellectual property rights of third parties) in connection with or pursuant to these T&C.
7.3.3 If any of APBCCFC's employees shall have been or are utilized or employed by the Supplier to operate Equipment in connection with or pursuant to these T&C, then for the duration of such period of use or employment, such APBCCFC employee shall be deemed to be an employee of the Supplier for the purposes of this T&C.
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
7.4 Insurance
7.4.1 The Supplier shall, at its own cost and expense, and for the duration of these T&C, procure and shall maintain in force insurance in reasonable form and amount having regard to the Tool supplied and/or Services rendered, the business carried on by the Supplier and the liabilities that may arise as a result of the carrying on of such business and the supply of Tools and/or the rendering of Services to APBCCFC.
7.4.2 The Supplier shall, in relation to all insurance policies required to be maintained in terms of this T&C, on demand, furnish APBCCFC with:
7.4.2.1 Certificates or other evidence of all its insurance policies; and
7.4.2.2 Proof of payment of premiums in respect of its insurance policies.
7.5 Laws and Regulations
7.5.1 The Supplier shall inform itself of the content of and shall, at all times, comply with, and shall procure that its employees and sub-contractors (if any) are informed of and, at all times, comply with all laws and regulations in force from time to time. The Supplier warrants that the supply of Tool and/or the rendering of Services in terms of these T&C is not in breach or contravention of any law or regulation.
7.5.2 The Supplier shall ensure that, at all times during the supply of Tools and/or the rendering of Services to APBCCFC -
7.5.2.1 all of its tools, implements, hardware and software components of whatsoever nature and howsoever utilized by the Supplier are and shall have been regularly and properly maintained and tested in accordance with the manufacturer’s specifications and are and shall have been properly licensed in terms of all laws and regulations in force from time to time;
7.5.2.2 all its employees and sub-contractors (if any) shall have been properly trained and licensed in terms of all laws and regulations in force from time to time to operate, and are physically capable
of operating, anything utilized in the supply of Tools and/or the rendering of Services and are not under the influence of alcohol, medicines or other substances which may impair such ability;
7.6 Records
7.6.1 Where the purchase price of Tools and/or Services, in terms of these T&C, is to be determined with reference to the Supplier's time, cost of materials and/or other records kept and/or maintained by the Supplier, the Supplier shall retain all such records as may be necessary to calculate such purchase price for a period of at least (2) two years after termination of these T&C. APBCCFC shall, subject to such reasonable costs and charges as may be imposed by the Supplier in relation thereto, be entitled to access and make copies of all such records at all reasonable times during such (2) two year period.
8. LIMITATION OF LIABILITY
8.1.1 Under no circumstances will APBCCFC be liable to the Supplier for any consequential, indirect, special, punitive or incidental damages from whatsoever cause and howsoever arising, whether in contract or delict or otherwise and whether based on or in connection with these T&C, any commitment performed or undertaken by APBCCFC or otherwise.
9. INVOICING, PAYMENT AND SET-OFF
9.1 Invoicing
9.1.1 The Supplier shall, raise the invoice against each order delivered the duration of these T&C, provide APBCCFC with details of all of the Tool and/or Services supplied to APBCCFC in a reasonably acceptable in form and content to APBCCFC with respect to Grounding and Third Party Evaluation conducted by APBCCFC. A tax invoice for the approved order value shall be delivered by the Supplier to APBCCFC.
9.1.2 In the event that APBCCFC does not approve the amount set out in the Certificate or a dispute arises over an invoice delivered to APBCCFC, the parties
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
shall use reasonable endeavours to resolve the dispute, failing which it shall be resolved in terms of 11. During such period, the Supplier shall not be entitled to suspend the supply of Tools and/or Services to APBCCFC in terms of these T&C. In the event that APBCCFC, in its sole and absolute discretion, pays an undisputed portion of the amount reflected in a tax invoice or Certificate, such payment shall be without prejudice to APBCCFC's rights to pursue or defend any claim on the disputed portion reflected in such tax invoice.
9.1.3 Payment will only be made against tax invoices from the Supplier complying in all respects with the GST Act, 2017.
9.2 Payment
9.2.1 Subject to the due and proper fulfillment of all the Supplier's obligations in terms of this Agreement and provided original tax invoices were submitted to APBCCFC. Payment will, as far as possible and unless otherwise specified by APBCCFC, be processed as per the payment terms defined in Supply requirements.
9.2.2 The Supplier shall not be entitled to interest on any amount owed by APBCCFC to the Supplier, whether in terms of these T&C or otherwise, and APBCCFC shall not incur any liability to the Supplier as a result of the payment of any amount due in terms hereof at any time after the last or due date for payment thereof (including consequential damages).
9.2.3 APBCCFC shall pay the Supplier by electronic funds transfer.
10. BREACH AND TERMINATION
10.1 The Supplier shall have committed an "Event of Default" if the Supplier shall have:-
10.1.1 breached any of the provisions of, or shall not have performed all or any single part of its obligations under, this Agreement;
10.1.2 misappropriated a trade secret or infringed or violated of any intellectual
property rights, proprietary rights or personal rights of any third party, including any claim that any Deliverable or any use thereof (or the exercise of any rights with respect thereto) infringes, violates or misappropriates any patent, copyright, trade secret, trademark, trade dress, mask work, utility design, or other intellectual property right or proprietary right of any third party;
10.1.3 furnished any statement, representation, warranty or certification in connection with these T&C, the RFP or the Proposal that is false, deceptive, or materially incorrect or incomplete;
10.1.4 made a compromise or composition or a threatened compromise or composition with its creditors;
10.1.5 committed an act of insolvency, or would have committed an act of insolvency if it had been a natural person, dissolved or ceased to trade in the normal course of business, shall have been provisionally or finally wound-up or placed under a provisional or final order of judicial management;
10.1.6 undergone a change in ownership or management during the subsistence of these T&C without prior intimation and submission of No Claims Certificate to APBCCFC;
10.1.7 according to APBCCFC’s determination or
belief that the Supplier has engaged in conduct that: (a) has or may expose the APBCCFC to material liability, or (b) has caused or may cause a person’s life, health or safety to be jeopardized;
10.1.8 conducted its dealings with APBCCFC dishonestly, unethically or in a corrupt manner; and/or
10.1.9 by reason of its directors, managers or members been involved in criminal activities or shall have committed an offence and sentenced to imprisonment without the option of a fine; or
10.1.10 had its corporate existence or good standing in its jurisdiction of incorporation is suspended, terminated, revoked or forfeited, or any license or certification
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
held by Supplier related to Supplier’s performance under these T&C suspended, terminated, revoked, or forfeited; or
10.1.11 infringed or allegedly infringed or violated any patent, trademark, trade secret, copyright, or any other intellectual property right or proprietary right, or Supplier misappropriates or allegedly misappropriated a trade secret.
10.1.12 Should the Supplier have committed an Event of Default, then APBCCFC shall, in its sole and absolute discretion, be entitled to -
10.1.13 give the Supplier written notice calling upon the Supplier to remedy any such Event of Default within the period set out in such notice; and/or
10.1.14 the Supplier shall have failed to remedy the Event of Default, provided that APBCCFC shall be entitled to recover damages in lieu of the Penalty; and/or
10.1.15 cancel this T&C or to claim immediate payment and/or specific performance by the Supplier of all the Supplier's obligations whether or not the due date for payment and/or performance shall have arrived, without prejudice to APBCCFC’s rights to claim damages and to such other rights as APBCCFC may have at law or in terms of these T&C.
10.1.16 Should the operations of any entity constituting APBCCFC cease or be curtailed, APBCCFC shall be entitled but not obliged to terminate these T&C by giving (15) fifteen business days written notice to such effect to the Supplier and without payment to the Supplier of any damages whatsoever including, without limitation, consequential damages and loss of business and/or profits resulting from such termination.
10.1.17 All legal costs incurred by APBCCFC in successfully enforcing its rights against the Supplier in consequence of any breach of these T&C shall be payable by the Supplier, on demand, on the scale as between attorney and own client and shall include collection charges, the costs incurred by APBCCFC in endeavoring to
enforce such rights prior to the institution of legal proceedings and the costs incurred in connection with the satisfaction or enforcement of any judgment awarded in favor of APBCCFC in relation to its rights in terms of or arising from these T&C.
10.1.18 Upon termination of these T&C -
10.1.19 APBCCFC's liability to the Supplier shall be limited as set out in these T&C and to the amounts, if any, in respect of properly supplied and/or rendered and accepted Tools and/or Services as at the date of termination; and/or
11. FORCE MAJEURE
11.1.1 Neither party shall have any claim against the other party ("Affected Party")
11.1.2 for any failure of the Affected Party to carry out any of its obligations under these T&C arising from or attributable to acts of God, strikes, lock-outs, labour action or unrest, civil commotion, riots, war, threat of or preparation for war, breaking off of diplomatic relations, fire, explosion, sabotage, storm, flood, earthquake or any other cause or contingency beyond the control of that party (“Force Majeure”) provided, where reasonably foreseeable, prior notice of the occurrence of an event of Force Majeure was given by the Affected Party to the other party.
11.1.3 The performance of the obligations of the Affected Party shall be suspended for the duration of an event of Force Majeure. Upon cessation of an event of Force Majeure, these T&C shall against become fully operative and the Affected Party shall immediately resume its performance.
11.1.4 If the suspension of performance continues for more than 30 (thirty) consecutive calendar days, then APBCCFC may immediately terminate these T&C by written notice to the Supplier.
12. DISPUTE AND ARBITRATION
12.1 Save as provided to the contrary in these T&C, any and all disputes between the parties relating to or arising from the provisions of these T&C shall be referred to a joint committee comprising the duly
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
authorized representative of the Supplier and APBCCFC’s VC&MD, or alternates appointed by them, who will use their best endeavors to amicably resolve the dispute within (14) fourteen calendar days of it having been referred to them.
12.2 Should any dispute not be resolved in accordance with 11.1, either Party shall be entitled, on written notice to the other party, to require that the dispute be referred to arbitration and such dispute shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.
12.2.1 The provisions of this 11 shall not preclude any party from approaching the appropriate court of law for interim relief in the form of an interdict, mandamus or order for specific performance pending the outcome of the arbitration.
12.2.2 The Supplier shall not be entitled to withhold and or suspend the supply of Tools and/or the rendering of Services in terms of these T&C pending the resolution of a dispute between the parties in terms of this 11.
13. SUPPLY OF GOODS AND SERVICES
13.1 Deliveries and Collection
13.1.1 Tools shall be delivered by the Supplier on the days, between hours and in loads of minimum and/or maximum quantity as may from time to time be prescribed by APBCCFC. The Supplier warrants and undertakes to provide safe collection vehicles suitable for delivering Tools of the type and quantity to be delivered/collected and compatible with the facilities available at the APBCCFC location. Vehicles must be insured, licensed and in proper roadworthy condition. Drivers of vehicles must be qualified, equipped for taking delivery of Tools and must strictly comply with all safety and other requirements of any applicable law and as stipulated by APBCCFC at each location. APBCCFC shall not be liable for any accident, loss, damage, claim, liability, cost or expense during transit and accepts no liability for any damage, losses, claims, liabilities,
costs and expenses of any kind arising from the Supplier’s failure to comply with the provisions of this clause.
13.2 Ownership, Risk and Intellectual Property Rights
13.2.1 Ownership of and the risk in and to Tools supplied by the Supplier shall vest in APBCCFC upon delivery and ownership of and the risk in and to Tools constituting Consignment Products (as defined in terms of a Supply Agreement between the Supplier and APBCCFC) shall vest with APBCCFC when used and/or consumed by APBCCFC.
13.2.2 Intellectual property rights, including,
without limitation, all know-how, trade secrets, patent and copyright resulting from the provision of Services by the Supplier shall vest in APBCCFC. The Supplier shall take all necessary steps to ensure that APBCCFC obtains full legal title.
13.2.3 The Supplier shall within a reasonable period of written demand by APBCCFC, appoint any director of APBCCFC with power of attorney for and on behalf of the Supplier to do all such things as may be necessary to give effect to the provisions hereof.
13.3 Warranties, Inspection and Returns
13.3.1 The Supplier warrants that for the (12) twelve month period commencing on the expiry of the (30) thirty day period, referred to 12.3.4 or such longer period as may be applicable in relation to the particular Tools and/or Services in question, all Tools and/or Services supplied to APBCCFC are and shall be:-
13.3.2 free of any claim of any nature by any third person;
13.3.3 in conformance with the specifications, plans, instructions, samples or other descriptions furnished to or accepted by APBCCFC;
13.3.4 of merchantable quality, free from any defect (latent or patent), and whether in design, workmanship and/or materials; and
13.3.5 Fit and sufficient for ordinary use and/or,
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
the particular purpose for which they are purchased and/or any of APBCCFC's specific requirements disclosed to the Supplier.
13.3.6 The Supplier warrants that it has necessary and sufficient skills and personnel to supply the Tools and/or render the Services in terms of these T&C and that the supply of the Tools and/or the rendering of the Services in terms hereof shall not infringe the rights of any third party (including, without limitation, intellectual property rights).
13.3.7 The warranties in this 12.3 are in addition to and are not to be construed as restricting or limiting any warranties or APBCCFC's remedies, express or implied, whether in terms these T&C, law or otherwise.
13.3.8 In addition to APBCCFC's rights in law or in terms of these T&C, APBCCFC may within the (30) thirty day period commencing on delivery of Tools or purported completion of the rendering of Services by the Supplier, in its sole and absolute discretion, reject any defective service rendered, and/or return any excess or defective Tools or Tools not in accordance with APBCCFC's specifications or this Agreement ("Non- Conforming") supplied by the Supplier to APBCCFC. The Supplier shall, on demand, reimburse APBCCFC the purchase price of such Non-Conforming or defective Tools and/or defective Services as well as all of APBCCFC's costs incurred as a result of the rejection of such Non-Conforming, excess or defective Tools and/or defective Services.
13.3.9 At APBCCFC's sole and absolute discretion, the Supplier shall, at its cost and expense, replace defective and/or Non-Conforming Tools and/or shall remedy any defect in the Services rendered.
13.3.10 All rejected, excess or Non-Conforming Tools shall be held for a reasonable period of time for collection/return in accordance with the Supplier's instructions and at the Supplier's risk and expense and, if the Supplier so directs, shall be returned to the Supplier at the Supplier’s risk and expense, provided
that, in the absence of any instruction from the Supplier, APBCCFC shall be entitled to dispose of such rejected, excess or Non-Conforming Tools as APBCCFC, in its sole and absolute discretion, may deem appropriate in the circumstances and may utilize the proceeds, if any, to defray APBCCFC's costs of storage of such rejected, excess or Non-Conforming Tools.
13.3.11 The use or consumption of, or payment in respect of Tools supplied and/or Services rendered shall not constitute acceptance thereof by APBCCFC and such use, consumption or payment, if any, shall be without prejudice to, nor shall it constitute any waiver of, any rights and/or claims APBCCFC may have in terms of this T&C or in law.
13.4 Performance and Delivery
13.4.1 Time is of the essence of this contract
with regard to the supply of any Tools
and/or the rendering of Services. Any
failure by the Supplier owing to any
reason in supplying the Tools under
any purchase order issued from the ED
BC Corporation, within the time
stipulated thereunder, and incomplete
rendering of Related Services or
provision of Defective Tools, by the date
due therefor, shall entitle APBCCFC to
cancel these T&C and/or to claim
damages without prejudice to any other
rights APBCCFC may have in terms of
these T&C and/or in law.
13.4.2 All of the costs associated with the supply of Tools and/or the rendering of the Services to APBCCFC, including, without limitation, labour, plant, machinery and the costs and charges associated with packaging and/or delivery, unless otherwise expressly stated, shall be borne and paid by the Supplier.
13.5 Performance Security
13.5.1 The Supplier shall, within Ten (10) days of the notification of contract award, provide a performance security for the performance of the Contract. The Performance Security shall be 5% of
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
order value for each order separately.
13.5.2 The proceeds of the Performance Security shall be payable to the APBCCFC as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the T&C.
13.5.3 The Performance Security shall be discharged by the Purchaser and returned to the Supplier not later than twenty-eight (28) days following the date of Completion of the Supplier’s performance obligations under the T&C, including any warranty obligations
13.6 Work Delayed
13.6.1 Should the Suppliers’ obligations not be
performed within the period or on or before the date as stipulated by APBCCFC, or if no such date be stipulated, should the Supplier fail to perform its obligations within a reasonable period, APBCCFC shall be entitled in its sole and absolute discretion, to procure the Services from other service providers at the Supplier’s cost and expense, even where such cost and expense exceeds the purchase price of the Services to be rendered by the Supplier, and provided that the failure to perform is not attributable to any of the circumstances set out in the force majeure clause.
13.6.2 Notwithstanding clause 12.6.1, if APBCCFC, in its sole and absolute discretion, considers the non- performance to be rectifiable, it shall require the Supplier to perform its obligations and the Supplier shall be obliged to effect performance thereof by means other than those stipulated and any costs so incurred shall be to the account of the Supplier, unless the failure to perform its obligations is attributable to any of the circumstances as set out in the force majeure clause.
13.6.3 The Supplier warrants that it is not a party to any existing or previous agreement or arrangement which prevents it from entering into these T&C or adversely affects its ability to perform its obligations under these T&C.
13.6.4 The Supplier will not perform Services for
any person or entity if such Services could, in the reasonable opinion of APBCCFC, lead to a conflict with the Supplier’s obligations for the purposes of these T&C.
13.7 Quality Assurance/Quality Control
13.7.1 The Supplier guarantees that the quality,
quantity and outward appearance of the delivered Tools and Services comply with the requirements of these T&C and/or relevant specifications.
13.7.2 The Supplier guarantees that accessories,
spare parts and user’s instructions belonging to the delivered Tools and Services are also delivered.
13.7.3 The Supplier guarantees that the delivered Tools are the same in all respects as the sample and/or models provided by the Supplier. The Supplier shall adopt and establish an effective quality management system designed to ensure compliance with the requirements of ISO 9001 (or equivalent) and all relevant ISI, ISO, OSHA, EN, ANSI etc. standards and demonstrate that the Tools and Services conform to specification
13.8 Packaging
13.8.1 The Supplier shall, in supplying the Tools
and/or Services, adequately protect all Tools, sub-assemblies and parts supplied in terms of these T&C against harmful forces of nature, and to prevent damage resulting during transit or delivery or from handling of the Tools by ensuring fool proof packaging. The Supplier shall ensure that such packaging shall bear the name of the beneficiary, address, unique ID etc. given to Beneficiary, APBCCFC shall refuse to accept Tools or parts in the case of non- compliance with the packaging requirements.
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
13.8.2.3 contamination of and by oil;
13.8.2.4 mechanical damage during handling or storage;
13.8.2.5 ingress of dirt; and
13.8.2.6 excessive heat or sun.
14. SUPPLY REQUIREMENTS
14.1 SCOPE OF WORK
14.1.1 The Supplier shall perform the Services in accordance with the Supply Requirements with all reasonable care, diligence and skill in accordance with specification and generally accepted professional techniques and standards.
14.2 The Supplier warrants and represents that:
14.2.1 it has carefully examined all parts of APBCCFC’s premises where the Services are to be performed or which are otherwise relevant to the performance of the Services;
14.2.2 it has fully informed itself by all such
tests and examinations as are reasonably necessary of any conditions and limitations that might affect its ability to perform the Services in accordance with the terms of these T&C;
14.2.3 it will render the Services with a high
degree of professional skill, care and diligence, experience, qualifications, staff and capability and will execute the Services efficiently and expeditiously to APBCCFC in accordance with the specification and best professional standards and the terms of this T&C;
14.2.4 it has the power to enter into and
perform its obligations under this T&C,
14.2.5 all personnel used to provide the
Services will be vetted in accordance with good industry practice, and all APBCCFC’ and any other applicable security policies and standards;
14.2.6 The Supplier’s personnel, engaged within
the boundaries of APBCCFC’s designated premises, shall comply with such rules, regulations, requirements and advisory notices (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at or outside APBCCFC’s designated premises.
14.2.7 It has and will retain and will keep in force all titles, permits, licenses, and certificates necessary for it to perform its obligations and duties under these T&C and shall comply with all applicable laws, rules and regulations relating to the Services; and
14.2.8 APBCCFC’s use and possession of the Services or any part thereof in accordance with the terms of these T&C shall not infringe any Intellectual Property Rights of any third party.
14.2.9 The Supplier will keep accurate records for the purposes of demonstrating compliance with the requirements stipulated in these T&C and the Purchase Order.
14.3 The Supplier shall take the steps reasonably required by APBCCFC to prevent unauthorized persons being admitted to APBCCFC’s designated premises. Supplier shall provide an advanced notice to APBCCFC on the authorized person’s name and identity etc.
14.4 Tools Inspection Procedure
14.4.1 Where the Services to be rendered in terms of these T&C include replacement and/or repair work –
14.4.2 a report detailing external visible damage and/or the presence or absence of components at the time of receipt of Tools at the APBCCFC designated location shall be provided by the Supplier along with APBCCFC designated official;
14.4.3 All measurements and findings shall be recorded and compared to the original manufacturer’s specifications and shall be used to determine whether any part is fit for replaced or is to be repaired;
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
identification of machine and parts requirements, the Supplier shall be liable to replace the Tools with a new unit as per the Service Level Agreement (SLA) defined in the Supply Requirements.
RFP for Selection of Suppliers to supply tools under ADARANA Scheme
3.3. Section VII - Contract Forms
1. Letter of Acceptance
[Letterhead paper of the Purchaser]
[date]
To: [name and address of the Supplier]
Subject: Notification of award Contract No. . . . . . . . . . .
This is to notify you that your Bid dated . . . . [insert date] . . . . for execution of the . . . . . . . . [insert name of the contract and identification number, as given in the BDS] . . . . . . . . . . for the Accepted Contract Amount of . . . . . . . . . [insert amount in numbers and words and name of currency], as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency. You are requested to furnish (i) the Performance Security within 7 days in accordance with the
Conditions of Contract, using the Performance Security Forms included in Section, Contract Forms, of
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that _ [insert name of Supplier] (hereinafter called "the Applicant") has entered into Contract No. [insert reference number of the contract] dated [insert date] with the Beneficiary, for the supply of tools under ADARANA Scheme (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures] ( ) [insert amount in words], such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating that the Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the …. Day of ……, 2……., and any demand for payment under it must be received by us at this office indicated above on or before that date.
_____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted