Tele: 04985-225073 Reply Should Be Addressed INS Zamorin to The

Tele: 04985-225073

Reply should be addressed INS Zamorin to the Commanding Officer Ezhimala Naval Academy PO Kannur District. Kerala - 670 310

Quoting: 449/06/ZAM/EP/VICT/10 21 May 19

M/s______

INVITATION OF ONLINE BIDS THROUGH DEFENCE PROC. PORTAL (defproc.gov.in)

ANNUAL RATE CONTRACT FOR SUPPLY OF FOWL/ CHICKEN DRESSED B/F AT INS ZAMORIN EZHIMALA FOR THE PERIOD FROM 01 JUL 2019 TO 30 JUN 2020

REQUEST FOR PROPOSAL (RFP) No. 449/06/ZAM/EP/VICT/05 DATED 21 May 19

Dear Sir(s),

1. On behalf of the President of India, tender for supply of FOWL/ CHICKEN DRESSED B/F at INS Zamorin, Ezhimala for the period from 01 Jul 2019 to 30 Jun 2020 is invited by the Commanding Officer, INS Zamorin, Ezhimala, Kannur, Kerala. The date of commencement of the contract is provisional and is subject to change which notified in the Acceptance of Tender (IAFZ 2124). The tenders will be received up to 1500 hours on 13 May 19. You should fill in IAFZ-2120 (enclosed herewith) and upload the same duly signed.

2. The address and contact numbers for sending Bids or seeking clarification regarding this RFP are given below: -

(a) Bids / queries to be address to: - The Commanding Officer, (for Logistics Officer), INS Zamorin, Naval Academy P.O., Ezhimala, Kannur Dist., Kerala 670 310.

(b) Postal Address for sending Hardcopy of EMD in original and other queries are to be addressed to : - The Commanding Officer (for Logistics Officer), Indian Naval Academy, PO Naval Academy, Kannur Dist, Kerala – 670 310. (online bids should submit through Defence Procurement (DPP) Portal www.defproc.gov.in only. Manual Bids will not be accepted)

(c) Name / Designation of the contact personnel:- Lt Commander Arijit Pani, Dy. Logistics Officer, INS Zamorin, Naval Academy PO, Kannur Dist., Kerala-670 310.

(d) Telephone numbers of the contact personnel: - 04985 225069 2

(e) E-mail IDs of contact personnel: [email protected]

(f) Fax Number: 04985 225068

3. This RFP Is divided in five parts as follows:

(a) Part I – Contains General Information and Instructions for the Bidders about the RFP 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), Technical Specifications, Delivery Period, Mode of Delivery and Consignee details.

(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 Buyer reserves the right to change or vary any part thereof at any stage. Purchaser also reserves the right to withdraw the RFP should it be so necessary at any stage.

5. Contract Operating Authority. The Contract will be operated by The Commanding Officer, INS Zamorin on behalf of the President of India and will be referred to as Buyer. The Contractor will be referred to as Seller. 3

PART I - GENERAL INFORMATION

1. Critical Dates. The critical dates with respect to the RFP No. 449/06/ZAM/EP/VICT/05 dated 21 May 19 are tabulated below: -

Ser Description Details (a) Published Date 21 May 2019 at 1800 Hrs (b) Bid Document Download/Sale start date 21 May 2019 at 1800 Hrs (c) Clarification Start Date 21 May 2019 at 1800 Hrs (d) Clarification End Date 28 May 2019 at 1700 Hrs (e) Bid Submission Start Date 28 May 2019 at 1700 Hrs (f) Bid Submission End Date 13 Jun 2019 at 1500 Hrs (g) T Bid Opening Date 15 Jun 2019 at 1000 Hrs

2. Last date and time for depositing the Bids: On 13 Jun 19 at 1500 Hrs.

The bids should to be submitted online on www.defproc.gov.in and hard copy of EMD also be deposited by 1500 Hrs on 13 Jun 19. The responsibility to ensure this lies with the Bidder.

3. Manner of depositing the Bids The tenders will be received on two bid system ie. Technical bids & Commercial bids online only. Offline bids will be rejected. Bidders have to quote on www.defproc.gov.in only. The Scanned copy of relevant documents as mentioned in Part I, Para 4 of RFP duly digitally signed by the legal owner of the firm or the person authorized by him to do so be uploaded in CPP Portal by the bidder respectively. The hardcopies of EMD in original along with covering letter printed on firm's letter head duly signed and stamped should be either dropped in the Tender Box marked as

INS ZAMORIN

“ANNUAL RATE CONTRACT FOR SUPPLY OF FOWL/ CHICKEN DRESSED B/F AT INS ZAMORIN, EZHIMALA FOR THE PERIOD FROM 01 JUL 19 TO 30 JUN 2020.” placed inside Payyanur Gate, INS Zamorin, Ezhimala or send by registered post at the address given above so as to reach by the due date and time. Late tenders will not be considered. No responsibility will be taken for postal delay or non-delivery / non-receipt of Bid documents. Late submission of hardcopies of EMD in original along with covering letter printed on firm's letter head duly signed and stamped will render rejection of Bids. Bids sent by FAX or e-mail will not be considered.

4 Submission of online Bids at www.defproc.gov.in Bids with relevant supporting documents indicated in this RFP are to be uploaded in Central Public Procurement (CPP) Portal (i.e. www.defproc.gov.in). Non adherence to the same will be considered as non- 4 acceptance of all terms and conditions by the firm and the bid is liable to be rejected. Details of documents to be uploaded are as follows: -

(a) Cover No. 1 (Type: Fee/PreQual/Technical)

(i) Description: Scanned copy of C overing letter printed on firm's letter head: - Covering letter printed on firm's letter head signed and stamped is to be uploaded in .PDF format in this cover duly digitally signed by the legal owner of the firm or the person authorized by him to do so.

(ii) Description: Scanned copy of Tender Documents (RFP) signed on all pages: - Scanned copy of complete set of Tender Documents (RFP) signed and stamped on all pages is to be uploaded in .PDF format in this cover. The document in .PDF format should be digitally signed by the legal owner of the firm or the person authorized by him to do so. -

(iii) Description: Scanned copy of Specifications (209B) as per Defence Food Specification 2012. Scanned copy of Specification at Appendix ‘A’ duly completed and stamped is to be uploaded in .PDF format should be digitally signed by the legal owner of the firm or the person authorized by him to do so.

(iv) Description: Scanned copy of Work Experience: - Scanned Copy work experience in terms of minimum three similar kind of contracts in the last five years is to be uploaded in .PDF format in this cover duly digitally signed by the legal owner of the firm or the person authorized by him to do so.

(v) Description: Scanned copy of EMD or EMD Exemption Certificate: - Scanned copy of EMD (wherever applicable) is to be uploaded in .PDF format in this cover duly digitally signed by the legal owner of the firm or the person authorized by him to do so. In case the firm is exempted from paying EMD, proof of exemption of EMD as per Para 19 of Part I of RFP is to be uploaded in .PDF format in this cover in lieu of EMD duly digitally signed by the legal owner of the firm or the person authorized by him to do so.

(vi) Description: Scanned copy of GST Registration Certificate. Scanned copy of GST Registration Certificate is to be uploaded in .PDF format in this cover duly digitally signed by the legal owner of the firm or the person authorized by him to do so.

(vii) Description: Scanned copy Fixed Property/Assets of Bidders. Scanned Copy of proof of Fixed Property/Assets of Bidders or solvency certificate is to be uploaded in. PDF format in this cover which is to be duly digitally signed by the legal owner of the firm or the person authorized by him to do so.

(vii) OEM/ Manufacturer’s certification for adherence to tender specification.

(viii) Inspection report from EIA agency, Ministry of Commerce, Kochi. Inspection report of 10 samples of OEM of size as delivered. 5

(x) Dealership certificate for the dealer from OEM/ Manufacturer.

(xiii) Evaluation of Bids:

(a) The OEM’s factory inspection certification/ FSSAI Licence.

(xi) Description: Price Bid/BOQ. Bill of Quantity (BOQ) named as 'Price Bid Format’ available in .xls format be downloaded from www.defproc.gov.in Same is to be dully filled and post successfully validation to be uploaded in .xls format only. (Bidders are requested to comply the instruction before uploading the BOQ)

5 Depositing Hard Copy of Bids: - In addition to online submission of Bids, the bidder should also deposit hard copies of the EMD in original within the Last date and time for depositing the Bids. Bids are to be kept in sealed cover subscribing " ANNUAL RATE CONTRACT FOR SUPPLY OF FOWL/ CHICKEN DRESSED B/F AT INS ZAMORIN EZHIMALA FOR THE PERIOD FROM 01 JUL 19 TO 30 JUN 2020” along with RFP No., Date of opening Tender and Name of Firm to avoid the Bid being declared invalid. EMD should be in Sealed Envelope, either dropped in the Tender Box or send by Registered Post at the address given below so as to reach by the due date and time.

6. Forwarding of Bids: Bids should be forwarded by Bidders online only under their original memo/letter pad inter alia furnishing details like TIN number, GST number Bank address with EFT Account if applicable, etc and complete postal & e-mail address of their office.

10. Opening of Bids. Online bids will be opened by a committee on due date and time. The Bidders may depute their representatives, duly authorized in writing, to attend the opening of Bids on the due date and time. Rates and important commercial clauses quoted by the Bidders will be read out in the presence of the representatives of all the Bidders. This event will not be postponed due to non-presence of your representative. If due to any exigency the due date for opening of tenders is declared as closed holiday in such cases the tender will be opened on next working day at the same time or any other day/time as intimated by the Buyer.

13. Clarification regarding contents of the RFP. A prospective bidder who requires clarification regarding the contents of the bidding documents shall notify to the Buyer in online i.e., CPP Portal only about the clarifications sought not later than 14 (Fourteen) days prior to the date of opening of the Bids. Copies of the query and clarification by the purchaser will be uploaded in CPP Portal and all prospective bidders who have received/downloaded the bidding documents can be seen the same. No post bid clarification on the initiative of the bidder shall be entertained.

14. Modification and Withdrawal of Bids: A bidder may modify or withdraw his bid after submission provided that the written notice of modification or withdrawal is received by the Buyer prior to deadline prescribed for submission of bids. A withdrawal notice may be sent by fax but it should be followed by a signed confirmation copy to be sent by post and such signed confirmation should reach the purchaser not later than the deadline for submission of bids. No 6 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.

15. Clarification Regarding Contents of the Bids. During evaluation and comparison of bids, the bidder is to provide clarification of his bid. The request will be given in writing and no change in prices or substance in, of the bid will be sought, offered or permitted. No post-bid clarification on the initiative of the bidder will be entertained.

16. Rejection of bids. Canvassing by the bidder in any form, unsolicited letter and post- tender correction may invoke summary rejection with forfeiture of EMD, conditional tenders will be rejected. Tenders not meeting the evaluation criteria set for TEC will also be liable for rejection.

17. 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 de-listed for the given range of items as mentioned in this RFP.

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

19. Earnest Money Deposit. Tenders received without depositing the requisite earnest money are liable to be rejected. Earnest Money for an amount of Rs. 3,25,000.00/- (Rupees three lakhs twenty five thousand only) may be deposited by means of DDs/Deposit at Call/FD Receipts from any Nationalised Banks drawn in favour of The Principal Controller of Defence Accounts (PCDA), Navy, Mumbai payable at Mumbai. EMD is to remain valid for a period of forty-five 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 30th day after the award of the contract. The Bid Security of the successful bidder would be returned, without any interest whatsoever, after the receipt of Performance Security from them as called for in the contract. EMD is not required to be submitted by those Bidders who are registered with the Central Purchase Organization (e.g. DGS&D), National Small Industries Corporation (NSIC) or any Department of MoD or MoD itself. Scanned copy of EMD is to be uploaded in .PDF format duly digitally signed by the legal owner of the firm or the person authorized by him to do so. In case the firm is exempted from paying EMD, Proof of exemption of EMD is to be uploaded in .PDF format in lieu of EMD duly digitally signed by the legal owner of the firm or the person authorized by him to do so. 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. The original EMD shall reach this Office before the date and time of tender opening, otherwise the tender will be treated as non bonafide and bid will be rejected.

20. The approval or rejection of tenders rests with the Commanding Officer, INS Zamorin who reserves to himself the right of rejecting any tender in whole or in part or any item in whole or in part in respect of any or all the delivery points without cause assigned. The lowest tender will not be necessarily accepted. 7

21. Any further information required can be obtained on application on any working day between 1100hrs and 1400 hrs to the Logistics Officer, INS Zamorin, Indian Naval Academy, Ezhimala, P.O. Ezhimala, Kannur Dist 670 310 (Tel 04985-225167/ 225073).

PART II – ESSENTIAL DETAILS OF ITEMS REQUIRED

1. Schedule of Requirement.

Ser Item Description Quantity (Kgs) (a) Fowl / Chicken dressed B/F 81784.000

2. Delivery.

(a) Delivery Period. The items should be supplied to Store Office of INS Zamorin as per demand within stipulated period mentioned in the supply order (minimum 07 days). No direct deliver is to be made to any other messes without intimation to DLOGO (Vict) INS Zamorin. Period of contract will be from 01 Jul 19 to 30 Jun 2020. Please note that contract can be cancelled unilaterally by the buyer in case of items are not delivered with in stipulated time mentioned in supply order.

(b) Location. As per Purchase Order raised by Logistics Officer.

(c) The stock will be supplied in refrigerated cold vans ensuring max temp of -20º Celsius to -25º Celsius. Core temperature should not exceed -18º Celsius.

3. Consignee Details. The Commanding Officer, INS Zamorin, Ezhimala, Kannur.

4. Inspection.

(a) Each lot will be self-certified by the supplier/ OEM for adherence to Specification. Fowl/ Chicken Dressed B/F supplied under this contract should be as per Specification No. 209-B of Defence Food Specification-2012 of Defence Food Specification-2012.

(b) The stock will be supplied in refrigerated cold vans ensuring max temp of -20º Celsius to -25º Celsius. Core temperature should not exceed -18º Celsius.

5. Specifications: Fowl/ Chicken Dressed B/F under this contract should be as per Specification No. 209-B of Defence Food Specification-2012 of Defence Food Specification- 2012. 8

PART III – STANDARD CONDITIONS OF RFP

The bidder is required to give confirmation of their acceptance of the Standard Conditions of the Request for Proposal mentioned below which will automatically be considered as part of the contract concluded with the successful bidder (i.e. Firm in the Contract) as selected by the buyer. Failure to do so may result in rejection of the 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 the Contract: The contract shall come into effect on the date of signatures of both the parties on the contract (Effective Date) and shall remain valid until the completion of the obligations of the parties under the contract. The deliveries and supplies and performance of the services shall commence from the effective date of the contract.

3. Arbitration. All disputes or differences arising out of or in connection with the contract shall be settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to the contract or performance, which cannot be settled amicably, may be resolved through arbitration. The standard clause of arbitration is as per Forms DPM- 7, DPM-8 and DPM-9 (Available in MoD website)

4. Penalty for use of Undue Influence. The firm undertakes that they have not given, offered or promised to give, directly or indirectly, any gift, consideration, reward, commission, fees, brokerage or inducement to any person in service of the buyer or otherwise in procuring the contracts or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the present contract or any other contract with the government of India for showing or forbearing to show favor or disfavor 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 firm or any one employed by him or acting on his behalf (whether with or without the knowledge of the firm) or the commission of any offers by the Firm or anyone employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or any other Act enacted for the prevention of corruption shall entitle the buyer to cancel the contract and all or any other contracts with the firm and recover from the firm 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 firm. Giving or offering of any gift, bribe or inducement or any attempt at any such act on behalf of the firm 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 firm to such liability/ penalty as the buyer may deem proper, including but not 9 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. Agents / Agency Commission. The firm confirms and declares to the buyer that the firm is the original provider of the items referred to in this contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the government of India or any of its functionaries, whether officially or unofficially, to the award of the contract to the firm; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The firm agrees that if it is established at any time to the satisfaction of the buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the buyer that the firm has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward, fees, commission or consideration to such person, party, firm or institution, whether before or after the signing of this contract, the firm will be liable to refund that amount to the buyer. The firm will also be debarred from entering into any supply contract with the government of India for a minimum period of five years. The buyer will also have a right to consider cancellation of the contract either wholly or in part, without any entitlement or compensation to the firm who shall in such an event be liable to refund all payments made by the buyer in terms of the contract along with interest at the rate of 2% per annum above LIBOR rate. The buyer will also have the right to recover any such amount from any contracts concluded earlier with the government of India.

6. Standard Conditions of Contract (SCOC). Firm shall be required to accept our Standard Conditions of Contract. In addition standard clauses regarding agents/ agency commission, penalty for use of undue influence, access to books of accounts, arbitration and laws would be incorporated in the contract. The SCOC would be as per the Chapter VII and laws would be incorporated in the contract. The SCOC would be as per Chapter VII of Defence Procurement Manual 2009 which may be seen on the Government Website.

7. Access to Books of Accounts. In case it is found to the satisfaction of the buyer that the firm has engaged an agent or paid commission or influenced any person to obtain the contract as described in clauses relating to agents/agency commission and penalty for use of undue influence, the firm, on a specific request of the buyer, shall provide necessary information/ inspection of the relevant financial documents/information.

8. Non-Disclosure of Contract documents. Except with the written consent of the buyer/ firm, other party shall not disclose the contract or any provision, specification or information thereof to any third party.

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

10. Risk and Purchase Clause : In case the contractor is unable to provide the required quantity of items, the Commanding Officer or his representative of the unit will be at 10 liberty to purchase the same from the open market at the risk and expense of the contractor. The contractor will be obliged to pay the required amount without any default, failure to which would render deduction of the said amount from the Security deposit/Performance Bank Guarantee lodged by the contractor with the JCDA (N) Kochi

11. Acceptance of Tender. Acceptance of Tender will be placed on successful conclusion of the negotiations with L1 firm.

12. Supply of items: The items are to be supplied to INS Zamorin Logistics Complex as per demands placed by the Commanding Officer, INS Zamorin or his representatives with in the stipulated period mentioned in the Purchase Order.

13. Termination of Contract. The buyer shall have the right to terminate this contract in part or in full in any of the following cases: -

(a) Firm fails to provide the items in time and due to causes not attributable to Force Majeure for more than 07 days after the scheduled date for installation of the system.

(a) The firm is declared bankrupt or becomes insolvent.

(b) Firm fails to provide the service in time and is delayed due to causes of Force Majeure by more than one month, provided Force Majeure clause is included in contract.

(d) The buyer has noticed that the firm has utilized the services of any Indian/ foreign agent in getting this contract and paid any commission to such individual/ company etc.

(e) As per decision of the Arbitration Tribunal.

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

15. Transfer and Sub-Letting. The firm has no right to give, bargain, sell, assign or sublet or otherwise dispose of the contract or any part thereof, as well as to give or to let a third party take benefit or advantage of the present contract or any part thereof.

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

17. No Revision of rates. Rates accepted are fixed throughout the currency of contract and there will be no scope for upward revision of rates under any circumstances.

18. Taxes and Duties. 11

General

(a) Bidders must indicate separately the relevant Taxes/Duties likely to be paid in connection with delivery of completed goods specified in RFP. In absence of this, the total cost quoted by them in their bids will be taken into account in the ranking of bids.

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

(c) Any changes in levies, taxes and duties levied by Central/State/Local governments such as Goods & Services Tax (GST) 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 revision in any such duty/tax, the actual quantum of reduction of such duty/tax shall be reimbursed to the Buyer by the Seller. All such adjustments shall include all reliefs, exemptions, rebates, concession etc, if any, obtained by the Seller. Section 64-A of Sales of Goods Act will be relevant in this situation.

(d) Levies, taxes and duties levied by Central/State/Local governments such as Good & Services tax (GST) on final product will be paid by the Buyer on actuals, based on relevant documentary evidence. Taxes and duties on input items will not be paid by Buyer and they may not be indicted separately in the bids. Bidders are required to include the same in the pricing of their product.

(e) A certificate duly signed by the authorized signatory of the Firm/company, is required to be submit in accordance with Para 171 of GST Act 2017 pertaining to Conformance to anti-profiteering, by the Authorised Signatory

“It is certified that any reduction in rate of tax on any supply of Goods of Services or the benefit of input tax credit in respect of RFP/Purchase/Work Order No______dated ______shall be passed on to the recipient/order placing authority by commensurate reduction in prices. The benefit so accrued will be passed on in the form of revised prices prior to raising invoice for payment”. 12

PART IV – SPECIAL CONDITIONS OF RFP

The bidder is required to give confirmation of their acceptance of the Special Conditions of the RFP mentioned below which will automatically be considered as part of the contract concluded with the successful bidder (i.e. Firm in the Contract) as selected by the buyer. Failure to do so may result in rejection of bid submitted by the bidder.

1. Performance Guarantee. The bidder will be required to furnish a performance guarantee by way of bank guarantee through a public sector bank only for a sum equal to 10% of the contract value within 30 days of receipt of the confirmed order in favour of The Principal Controller of Defence Accounts (PCDA), Navy, Mumbai payable at Mumbai. Performance Bank Guarantee should be valid upto 60 days beyond the date of warranty/ contract period. The specimen of PBG is given in Form DPM-15 (Available in MoD website).

2. Payment Terms for Indigenous Seller. It will be mandatory for the bidders to indicate their bank account numbers and other relevant E-payment details so that payments could be made through ECS/EFT mechanism instead of payment through cheques, wherever feasible. A copy of the model mandate form prescribed by RBI to be submitted by bidders for receiving payments through ECS is at Form DPM-11 (Available in MoD website and can be given on request).

3. Tolerance Clause. To take care of any change in the requirement during the period starting from issue of RFP till placement of the contract, Buyer reserves the right to 02% plus/minus increase or decrease the quantity of the required goods upto that limit without any change in the terms & conditions and prices quoted by the Seller. While awarding the contract, the quantity ordered can be increased or increased or decreased by the Buyer within this tolerance limit.

4. Terms and Conditions:

(a) Firm shall be required to accept our terms and conditions. In addition standard clauses regarding agents/agency commission, penalty for use of undue influence access to books of accounts, arbitration and laws would be incorporated in the contract.

(b) The bidder should furnish the GST Registration number of the firm and forward the bids under original memo/letter pad of the firm.

(c) The lowest bidder, fulfilling all terms and conditions will be considered for award of contract, after price negotiations.

(d) The final decision of who is to be awarded the contract is left completely to The Commanding Officer, INS Zamorin, Ezhimala.

5. Advance Payment. No advance payment(s) will be made. 13

6. Terms of Payment

(a) 90% of payment will be made through NEFT by The commanding Officer, INS Zamorin through S&S Imprest on monthly basis after successful supply of items as per supply order. Balance 10%payment will be made by JCDA (N) after audit of contingent bills and relevant documents. Any delay in submission of bills resulting in consequent delay in settlement of bills by the JCDA (N) Kochi will not be the responsibility of the COA. The JCDA (N) Kochi normally takes at least 90 days to process payments.

(b) Deduction of IT@ prevailing percentage value of the bill will be made by the paying authority. Sales / Income Tax as per the rules / directives of the Sales/ Income Tax Department, prevailing in force at the time of payment of bills. No advance payment will be made.

(c) The contractor shall not be entitled from for any additional payment during the tenure of the contract due to subsequent increase in inflation index etc.

(d) A monthly Certified Receipt Voucher duly signed by the Deputy Logistics Officer, INS Zamorin is to be produced at the end of the month, which will be pre- requisite for passing the bill for payment. The bill is to be submitted through the controlling officer to the Commanding officer, INS Zamorin. The bill should have PAN /GST quoted on it, failing of which, will be rejected by the Joined Controller of Defense Accounts (Navy), Kochi. The contractor is to submit the proof of payment of mandatory taxes/ Govt. dues along with the bill for payment.

(e) The payment is subject to pre-audit and through joint Controller of Defence Account (Navy),Kochi. The bills submitted will be processed and forwarded to the Joint Controller of Defence Accounts (Navy),Kochi for arranging payment by cheque directly. Any delay in submission of bills with satisfactory work completion certificate from authorities as envisaged in paragraph above and consequent delay insettlement of bills by the Joint Controller of Defence Accounts (Navy), kochi will not be responsibilities of this establishment.

(f) Liquidated Damages: In the event of the seller’s failure to submit the Bonds, Guarantees and Documents, supply the goods/service and conduct trials, etc as specified in this contract, the Buyer may, at his discretion, withhold any payment unit 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 mentioned above for every week of delay or part of a week, subject to the maxium value of the Liquidated Damages being not higher than 10% of the value of delayed stores.

7. INSTRUCTIONS TO CONTRACTOR 14

(a) The Indian Navy shall not be responsible for any injury or loss of life that may take place while on such job. Compensation of expenditure towards treatment for such injury or loss of life shall be wholly the responsibility of the contractor.

(b) Personal bag and baggage of the contract personnel of the contractor shall be liable for physical check both at the time of entry and exit from the establishment/work place.

(c) In case of any theft or breakage of unit property by the contractor’s personnel, the cost will be borne by the contractor. Any breakage found prior to the date of the contract work shall be brought to the notice of the Commanding Officer, INS Zamorin, Ezhimala.

(d) The Contractor shall not allow or permit his workers to participate in any trade union activities of agitation in the premises of the establishment.

(e) The contract shall remain valid for a period of twelve month from the date of award of contract. On expiry of the term, the contract may be renewed on mutual consultation by both parties, on the terms and conditions as mutually agreed to.

(f) Further to the above, all terms and conditions mentioned in the contract agreement deed will have to be accepted, if selected for award of contract. The workers will have to be security cleared from Kerala Police. They will be issued security pass and will be permitted to work as per the timing of Library, including Sundays and holidays. The timing may be advanced or postponed on certain occasion like passing out parades, Inspections, VIP visits and when considered necessary by the Indian Naval Academy.

(g) All disputes or difference arising out in connection with the present contract including the one connected with the validity of the present Contract or any part thereof, shall be settled by bilateral discussion between the Officer nominated by the Commandant, Indian Naval Academy and the contractor. The contractor will present in the office of the Officer discussion after having been given at least twelve hrs.

(h) Any dispute of question arising out of or relating to this contract or relating to performance which cannot be settled amicably, shall be referred to the Arbitrator within 24 hrs. The Commandant, INA will be the sole arbitrator whose decision shall be final and binding on the parties to this contract.

(j) The parties shall continue to perform their respective obligation under this contract during the period of the arbitration proceedings expect so far in as such obligations are subject matter of the said arbitration.

(k) The contractor has to undertake 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 at Academy or otherwise in procuring the contract or forbearing to do for having done or forborne to do any act in relation to the obtaining or execution of the contract or any other contract with Academy for showing or forbearing to showing or forbearing to show favour or disfavor to any person in relation to the contract or any other with Academy. 15

(l) Buyer will have the right to terminate the contract in part or full without any notice in any of the following cases.

(i) The contractor is declared bankrupt or become insolvent.

(ii) The hired staff refuses to perform or disables himself/herself from Performing the duties.

(iii) Failure on the part of the contractor to ensure that the staff employed by him behave properly, do consume alcohol in Academy premises, or be under the influence of liquor, chew pan/gutka etc. while performing the duties in Naval Area.

(iv) On giving, offering or promising directly any gift, consideration, reward, commission, fees, brokerage or inducement to any person in INA.

(v) Due to any other reason adversely affecting morale, security of performance of people working in Academy.

8. Giving or offering any gift, bribe or inducement or any attempt of any such act on behalf of the contractor towards any officer/employees of Academy to any other person in a position to influence any Officers/employees of Academy showing any favour in relation to this or any other contract shall render the contractor to such liability/penalty damages, forfeiture of the Bank guarantee and refund of the amounts paid by Academy.

9. Any notice required or permitted by this contractor shall be written in English language and be forwarded personally or may be FAXED or send by registered pre-paid post, addressed to the last known address of the party to whom it is sent.

10. The contractor has no fight to bargain, give, sell, assign, or sublet or otherwise dispose of the Contract or any part thereof as well as to give or to let a third party take benefit or advantage of the present contract or any part thereof.

11. The Contractor will be responsible to provide accommodation for the person so hired and no food and accommodation will be provided from INS Zamorin.

12. Submission of Tenders. You are requested to submit Commercial Bid (BOQ) as per Appendix ‘D’ to this RFP as per instructions iaw Para 4 of Part I of RFP. You are requested to complete the tender forms duly attaching copies of relevant documentary evidence as required and demand draft of earnest money deposit. The duly completed tender form and supporting documents are to be uploaded as per directives given at Para 4 of Part I of RFP and hard copy of EMD along with covering letter put inside sealed envelope and signed by the bidder is to be dropped in the Tender Box as per schedule mentioned in the bid as per timeline uploaded on e-portal for submission of bids. 16

PART V – EVALUATION CRITERIA & PRICE BID ISSUES

1. Evaluation Criteria. The broad guidelines for evaluation of bids will be as follows:

(a) Only those bids will be evaluated which are found to be fulfilling all the eligibility and qualifying requirements of the RFP (including specification as per Appendix “A”).

(b) Only those firms who are registered with GST portal can participate in the present tender enquiry. Copy of GST registration is required to be submitted along with bides. The bidders has to quote rate of applicable GST for stores along with HSN number for each items unless exempted (proof of rate exemption by Govt may be submitted along with documents). Proof of rate applicable GST for the stores/services may also be submitted along with bids.

(c) The lowest bid will be decided upon the lowest price quoted by the particular bidder as per the BOQ format given at www.defproc.gov.in. The consideration of taxes and duties in evaluation process will be as follows :-

(i) In cases where only Indian bidders are competing L-1 bidder will be determined by excluding levies, taxes and duties levied by Central/State/Local governments such as Good & Services Tax (GST) on final product, as quoted by bidders.

(d) If there is discrepancy between the unit price and the total price that is obtained by Multiplying the unit price and quantity, the unit price will prevail and the total price will be corrected. If there is a discrepancy between words and figures, the amount in words will prevail for calculation of price.

(e) The lowest acceptable Bid will be considered further for placement of contract/Supply Order after complete clarification and price negotiations as decided by the Buyer. The Buyer will have the right to award contracts to different Bidders for being lowest in particular items or decide to award contract based on the overall cost of contract for all the items taken together. The Buyer also reserves the right to do Apportionment of Quantity, if it is convinced that lowest bidder is not in a mentioned in RFP.

(f) Any other criteria as applicable to suit a particular case.

2. Submission of Tender: - The tender shall be submitted online. All the pages of bids being submitted must be signed and sequentially numbered by the bidder irrespective of nature of content of the documents before uploading. The offers submitted by 17

Telegram/Fax/E-mail shall not be considered. No correspondence will be entertained in this matter.

3. Special Conditions and Specifications:- The Special Conditions and Specifications for SUPPLY OF FOWL/ CHICKEN DRESSED B/F as per STSC(Foods Stuff) is given at Appendix ‘A’. The tenders of the firm fulfilling the required criteria only will be accepted.

4. The tender form should have the following information regarding the tenderer's duly signed form as per the template mentioned below in order to enable NEFT payment (e- payment):-

(a) Full Name of the Bank (b) Address of the Bank (c) Bank account number (d) MICR code (e) Bank Code (f) Branch Code (g) City Code (h) PAN Card No. (j) EMD Details:

(TR Choudhury) Commander Logistics Officer for Commanding Officer 18

I/We am/are in possession of complete set of contract forms issued by you and have understood and agree to abide by the above instructions as well as those contained in the contract forms. The attached tender forms duly completed and signed are submitted herewith.

Station: Signature of Tenderer(s) Capacity ie., Proprietor/Partner Date : Authorised Authority etc 19

Appendix ‘A’ to INS Zamorin RFP No. 449/06/ZAM/EP/VICT/05 dated 21 May 19

MATRIX TO BE SUBMITTED ALONG WITH TECHNICAL BID

Ser Description Details and Remarks Documentation

(a) Packing Certification of packing Should not be more than 25 kgs

(b) FSSAI/ ISI/ VSI/ AGMARK Documents required Mandatory certificate for certification/ Food Grain the quoted sample with License suitable validity.

(c) ASC Specification Compliance with ASC Sample submitted specs should be as per ASC Certification from NABL Manual 2006. accredited Lab

(d) Registration Documents required Registration details with Indian Armed Forces.

(e) Authorized Dealership Documents required If not manufacturing organization then mandatory dealership details to be submitted.

(f) Annual Turnover Documents required The annual turnover of 50 lakhs with past 03 years income tax details should be attached with t-bid.

(g) Details of EMD

(a) Whether enclosed or not

(b) Amount of EMD

(d) Bank particular 20 21 22 23 24 25 26