Tendernotice 1-53 PDF
Tendernotice 1-53 PDF
Tendernotice 1-53 PDF
Date: 16.03.2020
Invitation of Bids
Two Bid
1. Online Bids are invited for supply of items listed in Part V of this RFP as per Two Bid System.The
online bid( both Techno-commerical and price bid)should be uploaded by the bidder before the due
date and time.Date and Time for uploading of the Bids: 20.04.2020 On (dd/mm/yy) at 10:00 AM
Hrs.
For participating in the above tender through e-tendering process, the bidders shall have to get
themselves registered at https://eprocure.gov.in and get user ID, password. Class 3 digital s ignature
is mandatory to participate in the e-tendering. The Bidders are required to have Digital Signature
Certificate (DSC) from one of the authorized Certifying Authorities as detailed in the website.
Bidders/Contractors have to submit online bids on tender documents available on the website
https://eprocure.gov.in. Bidders shall also attach scanned copies of all the requisite documents i.e
Earnest Money and other certificates/documents specified in the tender document .
2.The address and contact numbers for sending Bids or seeking clarifications regarding this RFP are
given below:
a)Bids/queries to be addressed to : The Director,RCI
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DRDO-BM-02 RFP No.RCI/CMM/TPD/LIM/9000003105.
i)Part I contains General Information and Instructions for the Bidders about the RFP such as the
time, place of submission and opening of bids, Validity period of bids, etc.
ii)Part II contains Standard Terms and Conditions of RFP, which will form part of the
Contract/Supply Order (herein after referred as the Contract) with the successful Bidder(s)
iii)Part III contains Special Terms and Conditions applicable to this RFP and which will also form
part of the Contract with the successful Bidder(s)
iv)Part IV contains Vendor Qualification Criteria
v)Part V contains Details of the Store(s) / Service(s) Required e.g. Technical Specifications,
Delivery Period, Mode of Delivery, Consignee details etc
vi)Part VI contains Evaluation Criteria of Bids
vii)Part VII contains Format of Price Bid. Price bid needs to be printed on one side of paper only
4. This RFP is being issued with no financial commitment and the Buyer reserves the right to change or
vary any part thereof or foreclose the procurement case at any stage. The Buyer also reserves the right
to disqualify any vendor, should it be necessary, at any stage on grounds of National Security
5. You may contact The Director, RESEARCH CENTRE IMARAT, Dr. APJ Abdul Kalam Missile
Complex, VIGNYANAKANCHA (PO), Hyderabad - 500 069, for any grievances related to bidding
condition, bidding process and/or rejection of bid. With regard to bidding condition, this shall be done
in writing at least seven days in advance of the stipulated date of submission of bid
6. Registration of Vender is mandatory for considering your bid. In viewof this, it is requested to
enclose a copy of your "Vender Registration Certificate" with any of the Govt. Organization such as
DRDO, ISRO, DGS&D, Dept. of Atomic Energy, etc., along with your "Techno-commercial Bid".
If you are not registered, it is requested to get registered with RCI DRDO at the earliest.
It is also to be noted that Supply Order cannot be placed unless registered.
Declaration of Udyog Aadhaar Memorandum (UAM) by all Micro & Small Enterprise (MSE) bidders
on CPPP is mandatory, failing which such bidders will not be able to enjoy the benefits as per Public
Procurement Policy for MSE order 2012 as per Ministry of Finance, Department of Expenditure,
Public Procurement Division OM no: F.5/4/2018-PPD, dated 28-02-2018.
Yours sincerely,
(______________________)
For Director
For & on behalf of President of India
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DRDO-BM-02 RFP No.RCI/CMM/TPD/LIM/9000003105.
2.Last Date and Time for Depositing the Bids: On 20.04.2020 (dd/mm/yy) at 10:00 AM Hrs .
The online Bid (both Techno-Commercial and Price bid, in case two bids are called for) should be filled
and uploaded by the due date and time. The responsibility to ensure this lies with the Bidder.
OR
Not-Applicable
5. Time and Date for Opening of Bids On 21.04.2020 (dd/mm/yy) at 10.30 A.M Hrs.
If due to any exigency, the due date for opening of the bids is declared a closed holiday, the bids will be
opened on the next working day at the same time or on any other day/time, as intimated by the Buyer.
7.Marking of Bids: Envelope containing documents such as EMD, Tender Fee, Earnest Money for
Integrity Pact and signed Integrity Pact document (if applicable) / Technical Brochure, if any, must be
clearly marked with Tender Reference No. and Date of opening.
9. Forwarding Of Bids: Bids should be submitted by Bidders online only , under their memo / letter
pad inter alia furnishing details like TIN, VAT/CST number, Bank address with NEFT Account if
applicable, etc. and complete postal and email address of their office failing which the bid would not be
considered
10. Clarification Regarding Contents of the RFP: A prospective bidder who requires clarification
regarding the contents of online bidding documents shall notify to the Buyer through mail/in writing
about the clarifications sought not later than 07 (Seven) days prior to the date of opening of the Bids.
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DRDO-BM-02 RFP No.RCI/CMM/TPD/LIM/9000003105.
Copies of the query and clarifications by the purchaser will be sent to all prospective bidder who
received the bidding document from the lab and would be posted on website.
11. Indian firms need to quote only in Indian Rupees. An Indian firm can quote in FE on behalf of
their OEM only if they are either a 100% subsidiary of the OEM or an Indian Agent of the foreign
OEM in accordance with their agency agreement. The firms claiming to be:
a)A 100% subsidiary would be required to produce documentary evidence in support of their claim
along with their Techno-Commercial bid failing which their bid would be disqualified.
b)An agent of foreign OEM, for submitting the offer on behalf of OEM, would be required to
produce a copy of their agency agreement with their principals and a copy of registration/enlistment
with DRDO/Ministry of Defence/ DGS&D as an Indian agent, if registered/enlisted, along with their
Techno-Commercial bid, failing which their bid would be disqualified. It would be mandatory for an
Indian agent to get registered/enlisted with DRDO/Ministry of Defence/ DGS&D as an Indian agent
of OEM prior to evaluation of their Price bid, failing which their bid also would be disqualified.
12. Validity of Bids: The Bids should remain valid for ( 90 days for Single Bid and 180 days for Two
Bids ) days from the last date of submission of online Bids.
13. Modification and Withdrawal of Bids: : If a bidder intents to modify or withdraw his Bid after
online submission, it can be done through selection of appropriate option available on the CPP Portal.
14. Earnest Money Deposit(Bid Security): Fings MK3 Production
Bidders are required to upload the scanned copy of Demand Draft towards the Earnest Money Deposit
(EMD) in favour of The Director RCI , Hyderabad in the currency of their quote for amount of Rs.
or equivalent along with their online bids. Original Demand Draft be submitted by Regd Post to RCI.
The EMD may be submitted by Indigenous bidder in the form of an Account Payee Demand Draft,
Fixed Deposit Receipt or Bank Guarantee. In case of foreign bidder, EMD is to be submitted in the
form of appropriate Bank Guarantee from a first class bank of international repute. 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, without any interest whatsoever, at the earliest after expiry of the final
bid validity and latest on or before the thirteenth day after the award of the Contract. EMD of the
successful bidder would be returned without any interest whatsoever after the receipt of Security
Deposit 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 Organizations (e. g. DGS&D), National Small Industries
Corporation (NSIC), Departments of MoD, other DRDO labs and as per the policy of Government of
India in vogue. Such bidders would be required to upload the relevant documents in their
Techno-Commercial bid in support of the claim. The EMD will be forfeited if the Bidder withdraws,
amends, impairs or derogates from the tender in any respect within the validity period of their tender.
15. Clarification Regarding Contents of the Bids: During evaluation of bids, the Buyer may, at his
discretion, ask the bidder for clarification on his Bid. The request for clarification will be given in
writing. No clarification on the initiative of the bidder will be entertained after opening of bid.
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.
Non-compliance of applicable General Information will disqualify your Bid.
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-registered for the range of items in this RFP, as per the policy in vogue.
18.Bidders must submit Quotation pertaining to themselves only except in cases covered under Para 11
above.
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20. The following documents are to be furnished by the Bidder in Cover-1 along with Technical Bid as
per the tender document:
i.Signed and Scanned copy of appropriate valid company registration certificate or partnership deed
(if applicable), experience certificate as per the tender notice, PAN No, latest GST clearance
Certificate, TIN/GSTIN No, Certificate/Affidavit of partnership firm. If not applicable kindly
upload a pdf document indicating Not Applicable.
ii.Scanned copy of instrument used to provide Tender Fee and Earnest Money Deposit or Proof of
Registration with DRDO/MOD/DGS&D/NSIC etc.
vi.Scanned Copy of Proforma of End User Certificate for Export License (if applicable). If not
applicable kindly upload a pdf document indicating Not Applicable.
Note:
1.In case original Tender Fees and EMD instrument. (if applicable)are not received on or before
"technical bid opening date and time", bid of such vendors will summarily be rejected.
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The Bidder is required to give confirmation of their acceptance of the Standard Terms and
Conditions of the RFP mentioned below which will automatically be considered as part of the
Contract concluded with the successful Bidder as selected by the Buyer. Failure to do so may result
in rejection of the Bid submitted by the Bidder.
1. Effective Date of the Contract: In case of placement of a supply order, the date of acceptance of
the Supply Order would be deemed as effective date or as agreed by both the parties. In case a contract
is to be signed by both the parties, the Contract shall come into effect on the date of signatures of both
the parties on the Contract (Effective Date) or as agreed by both the parties. The deliveries and supplies
and performance of the services shall commence from the effective date of the Contract.
2 .Law: The Contract shall be considered and made in accordance with the laws of the Republic of
India and shall be governed by and interpreted in accordance with the laws of the Republic of India.
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 relating to product or performance, which cannot be settled amicably, shall be resolved by
arbitration in accordance with the following applicable provision:
a) For Central and State PSEs: The case of arbitration shall be referred to the Department of Public
Enterprises for the appointment of sole arbitrator by the Secretary to the Government of India
in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall
not be applicable to arbitration under this clause.
b) For Defence PSUs: The case of arbitration shall be referred to the Secretary Defence (R&D) for
the appointment of arbitrator(s) and proceedings.
c) For other Firms: Any dispute, disagreement or question arising out of or relating to the Contract
or relating to product or performance, which cannot be settled amicably, shall be resolved by
arbitration in accordance with either of the following provisions:
"The case of arbitration may be referred to respective CFA or a person appointed by him who will
be sole arbitrator and the proceedings shall be conducted in accordance with procedure of Indian
Arbitration and Conciliation Act, 1996."
Or
"The case of arbitration may be referred to International Centre for Alternative Dispute Resolution
(ICADR) for the appointment of arbitrator and proceedings shall be conducted in accordance with
procedure of Indian Arbitration and Conciliation Act, 1996."
Or
"The case of arbitration may be conducted in accordance with the rules of Arbitration of the
International Chamber of Commerce by one or more arbitrators appointed in accordance with the
said rules in India. However, the arbitration proceedings shall be conducted in India under Indian
Arbitration and Conciliation Act, 1996."
4. Penalty for Use of Undue influence: The Seller undertakes that he has not given, offered or
promised to give, directly or indirectly, any gift,consideration, reward, commission, fees, brokerage or
inducement to any person in service of the Buyer or otherwise in procuring the Contract or forbearing
to do or for having done or forborne to do any act in relation to the obtaining or execution of the
Contract or any other contract with the Government of Indiafor showing or forbearing to show favour
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or disfavour to any person in relation to the Contract or anyother contract with the Government of
India. Any breach of the aforesaid undertaking by the Seller oranyone employed by him or acting on his
behalf (whether with or without the knowledge of the Seller)or the commission of any offers by the
Seller or anyone employed by him or acting on his behalf, asdefined in Chapter IX of the Indian Penal
Code, 1860 or the Prevention of Corruption Act, 1986 or anyother Act enacted for the prevention of
corruption shall entitle the Buyer to cancel the contract and allor any other contracts with the Seller and
recover from the Seller the amount of any loss arising fromsuch cancellation. A decision of the Buyer
or his nominee to the effect that a breach of the undertakinghad been committed shall be final and
binding on the Seller. Giving or offering of any gift, bribe orinducement or any attempt at any such act
on behalf of the Seller towards any officer/ employee of theBuyer or to any other person in a position to
influence any officer/ employee of the Buyer for showingany favour in relation to this or any other
contract, shall render the Seller to such liability/ penalty as theBuyer may deem proper, including but
not limited to termination of the contract, imposition of penaldamages, forfeiture of the Bank Guarantee
and refund of the amounts paid by the Buyer#.
5. Agents/ Agency Commission: #The Seller confirms and declares to the Buyer that the Seller 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 thecontract to the Seller; nor has any amount been paid, promised or
intended to be paid to any such individualor firm in respect of any such intercession, facilitation or
recommendation. The Seller agrees that if it isestablished at any time to the satisfaction of the Buyer
that the present declaration is in any way incorrector if at a later stage it is discovered by the Buyer that
the Seller has engaged any such individual/ firm,and paid or intended to pay any amount, gift, reward,
fees, commission or consideration to such person,party, firm or institution, whether before or after the
signing of this contract, the Seller will be liable torefund that amount to the Buyer. The Seller will also
be debarred from entering into any contract withthe Government of India for a minimum period of five
years. The Buyer will also have a right to considercancellation of the Contract either wholly or in part,
without any entitlement or compensation to theSeller who shall in such an event be liable to refund all
payments made by the Buyer in terms of theContract along with interest at the rate of 2% per annum
above (i) Prime Lending Rate of State Bank ofIndia for Indian bidders, and (ii) London Inter Bank
Offered Rate (LIBOR) for the foreign bidders. Theapplicable rates on the date of opening of bid shall
be considered for this. The Buyer will also have theright to recover any such amount from any contracts
in vogue with the Government of India.
OR
The Seller confirms and declares in the Techno-Commercial bid that they have engaged an agent,
individual or firm, for promotion of their product. In such case, following details are to be submitted in
the Techno-Commercial bid:
6. Access to Books of Accounts: In case it is found to the satisfaction of the Buyer that the Bidder/
Seller has violated the provisions of Para 4 and/or Para 5 above to obtain the Contract, the Bidder/
Seller, on a specific request of the Buyer, shall provide necessary information/ inspection of the
relevant financialdocuments/ information/ Books of Accounts.
7. Non-disclosure of Contract Documents: Except with the written consent of the Buyer/ Seller, other
party shall not disclose the Contract or any provision, specification, plan, design, pattern, sample or
information thereof to any third party.
8. Withholding of Payment: In the event of the Seller's failure to submit the Bonds, Guarantees and
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Documents, supply the stores/goods and conduct trials, installation of equipment, training, etc. as
specified in the Contract, the Buyer may, at his discretion, withhold any payment until the completion
of the Contract.
9 .Liquidated Damages (LD): The Buyer may deduct from the Seller, as agreed, liquidated damages at
the rate of 0.5% per week or part thereof, of the basic cost(excluding taxes and duties on final product)
of the delayed stores which the Seller has failed to deliver within the period agreed for delivery in the
contract subject to maximum of 10% of the total order value(excluding taxes and duties) of the
Contract.
10. Termination of Contract: The Buyer shall have the right to terminate the Contract in part or in full
in any of the following cases:-
a) The store/ service is not received/ rendered as per the contracted schedule(s) and the same has not
been
extended by the Buyer.
Or
i)The delivery of the store/service is delayed for causes not attributable to Force Majeure for more
than __months after the scheduled date of delivery and the delivery period has not been extended by
the Buyer.
ii) The delivery of store/service is delayed due to causes of Force Majeure by more than __ months
provided
Force Majeure clause is included in the contract and the delivery period has not been extended by the
Buyer.
iii) The Seller is declared bankrupt or becomes insolvent.
iv) The Buyer has noticed that the Seller has violated the provisions ofPara 4(Use of Undue
Influence)and /or Para 5(Employment of Agent)to obtain the Contract.
v) As per decision of the Arbitration Tribunal.
11. Notices: Any notice required or permitted by the Contract shall be written in 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.
12. Transfer and Sub-letting: The Seller has no right to give, bargain, sell, assign or sublet or
otherwise dispose of the Contract or any part thereof, as well as to give or to let a third party take
benefit or advantage of the Contract or any part thereof without written consent of the Buyer.
13 .Use of Patents and other Industrial Property Rights: The prices stated in the Contract/ SO shall
be deemed to include all amounts payable for the use of patents, copyrights, registered charges,
trademarks and payments for any other Industrial Property Rights. The Seller shall indemnify the Buyer
against all claims from a third party at any time on account of the infringement of any or all the rights
mentioned in the previous paragraphs, whether such claims arise in respect of manufacture or use. The
Seller shall be responsible for the completion of the supplies
including spares, tools, technical literature and training aggregates irrespective of the fact of
infringement
of the supplies or any or all the rights mentioned above.#
14. Amendments: No provision of the Contract/ SO shall be changed or modified in any way
(including this provision) either in whole or in part except when both the parties are in written
agreement for amending the Contract/SO.
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All taxes, duties, levies and charges which are to be paid for the delivery of stores/services, including
advance samples, shall be paid by the parties under the Contract in their respective countries. However,
the corporate/individual income tax, if applicable, will continue to be paid by the concerned
party/individual.
a) General
1)Bidders must indicate separately the relevant taxes/ duties likely to be paid in connection with
delivery of completed goods specified in RFP. In absence of this, the total cost quoted by them in their
bids will be taken into account in the ranking of bids.
2)If a Bidder is exempted from payment of any duty/ tax up to any value of supplies from them,
he should clearly state that no such duty/ tax will be charged by them up to the limit of exemption
which they may have. If any concession is available in regard to rate/ quantum of any Duty/ tax, it
should be brought out clearly. In such cases, relevant certificate will be issued by the Buyer later to
enable the Seller to obtain exemptions from taxation authorities.
3)Any changes in levies, taxes and duties levied by Central/ State/ Local governments such as
GST, etc., on final product upward as a result of any statutory variation taking place within contract
period shall be allowed reimbursement by the Buyer, to the extent of actual quantum of such duty/ tax
paid by the Seller. Similarly, in case of downward revision in any such duty/ tax, the actual quantum of
reduction of such duty/ tax shall be reimbursed to the Buyer by the Seller. All such adjustments shall
include all reliefs, exemptions, rebates, concession etc., if any, obtained by the Seller. Section 64-A of
Sales of Goods Act will be relevant in this situation.
4)Levies, taxes and duties levied by Central/ State/ Local governments such as GST, etc., on final
product will be paid by the Buyer on actuals, based on relevant documentary evidence, wherever
applicable. Taxes and duties on input items will not be paid by Buyer and they may not be indicated
separately in the bids. Bidders are required to include the same in the pricing of their product.
5)TDS as per Income Tax Rules will be deducted and a certificate to that effect will be issued by
the Buyer.
b)For Goods:GST @5% only is applicable against issue of "Tax Concession Certificate" by RCI vide
following notifications.
For Intra-State: Notification nos.45/2017dt 14-11-2017 (for CGST) and GO MS No:250 dated
21-11-2017 of Govt. of TS (for SGST) applicable
For Inter-State: Notification no 47/2017dt 14-11-2017 (for IGST) applicable
2)In case where the Municipality or other local body insists upon payment of these Local Taxes /
Duties, the same should be paid by the Seller to avoid delay in supplies and possible demurrage
charges. After the issue of exemption certificate by the Buyer, the Seller may get the reimbursement
from the local authority. In case of any difficulty, the receipt obtained for such payment should be
forwarded to the Buyer without delay together with a copy of the relevant act or by-laws/notifications
of the Municipality of the local body concerned to enable this office to take up the case for refund with
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16. Denial Clause: Variations in the rates of statutory levies within the original delivery schedule will
be allowed if taxes are explicitly mentioned in the contract/ supply order and delivery has not been
made till the revision of the statutory levies. Buyer reserves the right not to reimburse the enhancement
of cost due to increase in statutory levies beyond the original delivery period of the supply order/
contract even if such extension is granted without imposition of LD.
17.Risk and Expense Purchase Clause: This clause is applicable in the event of the Sellerfailing to
honour the contractual obligations within the stipulated Delivery Period and where extension of
Delivery Period is notapproved. If risk purchase is resorted to, the Seller is liable to pay theadditional
amountspent by the Buyer, if any, in procuring the said contracted goods/ services through a fresh
supply order/contract, i.e. the defaulting Seller has to bear the excess cost incurred as compared with
the amount contracted with Seller.
Important Notes:
1)Compliance for the Terms & Conditions mentioned in above
Part-II is mandatory without which the offer will not be considered.
2)Bidders are requested to sign all pages of Part-II along with
company stamp (at the bottom of pages) and submit the same along
with their quotation (along with Techno-Commercial bid in case of
Two Bid System)
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10 (8 ) (9 ) (8 ) (9 ) Population of PCB.
10 (11 ) (12 ) (11 ) (12 ) Carrying out card level integration as per process
document with manpower approved by RCI.
10 (12 ) (13 ) (12 ) (13 ) Carrying out Card level functional and Environmental
test on the unit.
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10 (16 ) (17 ) (16 ) (17 ) Clearance of the test reports and certification from
Inspection agency.
10 (17 ) (18 ) (17 ) (18 ) Delivery of units with clearance certificate and test
reports from Rep DGAQA(GW&M).
10 (18 ) (19 ) (18 ) (19 ) Replacement of components on card in case any failure is
observed during integrated testing of the unit.
10 (20 ) (21 ) (20 ) (21 ) Sensor Block integration with Navigation processor
electronic board at RCI by suitably qualified manpower certified by
RCI.
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10 (29 ) (30 ) (29 ) (30 ) Lateral Direction: 33 #g# Left, Right, Up &Down for 60
sec in each direction.
10 (38 ) (39 ) (38 ) (39 ) Each high temperature cycle has duration of 24 hr and
performance check to be conducted at 71degC during the last 30
minutes of each cycle. 3 such Cycles
10 (44 ) (45 ) (44 ) (45 ) Transfer time between chambers to be maintained less
than 5 minutes in each case.
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10 (47 ) (48 ) (47 ) (48 ) 45degC to Amb in 3 hrand at Amb for 6 hr.
10 (50 ) (51 ) Shock (50 ) (51 ) 20 #g#, 11 msec, half sine wave
10 (53 ) (54 ) (53 ) (54 ) 4000 bump, rate 2 to 3 bump/ secin Non
#Operationalcondition.
10 (58 ) (59 ) (58 ) (59 ) 10 min ramp to humidity and temperature ON (Min.
Volt)
10 (60 ) (61 ) (60 ) (61 ) 15 min ramp to temperature and humidity ON (Min.
Volt)
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10 (69 ) (70 ) (69 ) (70 ) Use sodium chloride containing < 0.1% sodium iodide
and <0.5% total impurities.
10 (70 ) (71 ) (70 ) (71 ) Drying shall be at controlled condition at 35±20C &
RH90-95% ,
10 (72 ) (73 ) Fungus (72 ) (73 ) On Test Coupons as per Mil Spec
10 (73 ) (74 ) EMI/EMC (73 ) (74 ) CS101, CS114, CS115, CS116, RS103, HESD, CE102,
RE102.
10 (79 ) (80 ) Shock (79 ) (80 ) 20 #g#, 11 msec, half sine wave, 1 shock each in 6
directions.
10 (80 ) (81 ) (80 ) (81 ) Vendor should fabricate the Mechanical fixtures after
clearance from Inspection Agency. All ENTEST to be carried out on
fixtures and test jigs certified by Rep DGAQA
10 (82 ) (83 ) (82 ) (83 ) Vendors have to use mil grade wires and material for
coating etc, type approved material for screws.
10 (83 ) (84 ) (83 ) (84 ) Vendors has to provide provisional clearance certificate
from RCMA(Msl), Hyderabad
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10 (85 ) (86 ) (85 ) (86 ) The vendor should submit the OEM authorisation letter
from all the OEM viz:
10 (87 ) (88 ) (87 ) (88 ) M/s.ACCORD SOFTWARE & SYSTEMS PVT LTD,
K.R.COLONY, DOMLUR LAYOUT,DOMLUR,NO.72&73, 2ND
FLOOR,BENGALURU-560071 , P No:080-25350105 &
9900025375 Email:ibd@accord-soft.com
10 (90 ) (91 ) (90 ) (91 ) Delivery 18 months from the date of Supply Order
(Important Note: This part-III must be signed along with seal in all pages and
submitted along with technical bid without which offer will not be considered)
The Bidder is required to give confirmation of their acceptance of Special Terms and Conditions
of the RFP mentioned below which will automatically be considered as part of the Contract concluded
with the successful Bidder as selected by the Buyer. Failure to do so may result in rejection of Bid
submitted by the Bidder.
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i)To ensure due performance of the contract, Security is to be obtained from the sucessful bidder
awarded the contract. Performance Security should be for an amount of 5% to 10% of the value of
the contract as specified in the bid documents. Performance Security may be furnished in the form of
an Account Payee Demand draft, Fixed Deposit Receipt from a Commercial bank, Bank Guarantee
from a Commercial bank.
ii) Performance Security should remain valid for a period of sixty days beyond the date of
completion of all contractual obligations of the supplier.
ii)Foreign Bidder: All Foreign sellers will require to furnish a Performance Cum Warranty bond by
way of Banker's Guarantee (BG) from seller's Bank through an internationally recognised first class
bank in favour of the Director, RCI Vignayanakancha, Hyderabad before release (in advance ) of
Supply/Purchase Order for the amount of maximum of 10% of basic cost accepted during the CNC
as a guarantee that he would perform the promised/contractual obligation as per the terms and
conditions stipulated in the contract/SO. The Performance cum Warranty Bond should be valid
upto 60 days beyond the scheduled date of delivery as per the terms of the contract or warranty
period (if applicable). The Specimen of BG is available on DRDO website.
iii)The Performance cum Warranty Bond will be forfeited by the Buyer, in case the conditions
regarding adherence to delivery schedule and/or other provisions of the contract are not fulfilled by
the Seller.
iv) The above PWB must be submitted after placement of Supply Order / Contract within
Fifteen (15) days from the date of supply order from RCI. If failed to submit PWB within the
above prescribed time limit, RCI reserves the right to cancel the supply order and refloat the
tender excluding the Seller who failed to submit the PWB within prescribed time, apart from
taking necessary action against the Seller as per existing rules.
3. Option Clause: The Contract will have an Option Clause, wherein the Buyer can exercise an option
to procure an additional 50% of the original contracted quantity in accordance with the same terms and
conditions of the Contract. This will be applicable within the currency of the Contract. It will be
entirely the discretion of the Buyer to exercise this option or not.
4. Repeat Order Clause: The Contract will have a Repeat Order Clause, wherein the Buyer can order
for additional quantity up to a maximum of 50% , including order placed under Option clause, of the
originally contracted quantity within six months from the date of supply. The Repeat Order will have
rates on not exceeding basis(excluding taxes and duties) while terms and conditions will remain
unchanged. It will be entirely the discretion of the Buyer to exercise the Repeat order or not.
5.1. Quantity 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 increase or
decrease ____% of the tendered quantity of the required goods without any change in the terms and
conditions and rates quoted by the Seller. While awarding the Contract, the quantity ordered can be
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6. Purchase Preference Clause: Purchase preference will be granted to the nominated agencies for the
specified quantity as per the policy of Govt. of India in vogue.
7. Transfer of Technology (ToT): Buyer is desirous of license production of (generic name of store(s))
under ToT. Buyer reserves the right to negotiate ToT terms subsequently but the availability of ToT
would be a pre-condition for any further procurements. If negotiations for ToT are not held as a part of
the negotiations for store(s), then subsequent and separate ToT negotiations would continue from the
stage where the store(s) has been selected.
8. Permissible Time Frame for Submission of Bills: To claim payment (part or full), the Seller shall
submit the bill(s) along with the relevant documents within 30 days from the completion of the
activity/supply
9.Payment Terms :
a)For Indigenous Seller: The payment will be made as per the following terms, on production of the
requisite documents:
(i) 100% payment after receipt, satisfactory installation and acceptance of stores/equipment in good
condition or the date of receipt of the bill whichever is later.
Or
Stage-wise/Pro rata payments as per the milestone/time described in supply order.
(ii) Pro rata payment for the services rendered will be made as per the frequency described in supply
order.
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a)For Indigenous Sellers: It will be mandatory for the Bidders to indicate their bank account
numbers and other relevant e-payment details to facilitate payments through ECS/NEFT mechanism
instead of payment through cheque, wherever feasible.
i)The payment will be arranged through Letter of Credit from Reserve Bank of India/State bank of
India/any other Public Sector Bank, as decided by the Buyer, to the Bank of the Foreign Seller as per
mutually agreed terms and conditions. The Letter of Credit will preferably be opened with validity
of 90 days from the date of its opening, on extendable basis by mutual consent of both the parties.
Letter of Credit opening charges in India will be borne by the Buyer. However, the extension
charges, if any, will be borne by the party responsible for the extension.
i)Indigenous Sellers: The payment of bills will be made on submission of the following documents
by the Seller to the Buyer:
a) Ink-signed& company rubber stamp affixed copy of Contractor's Bill.
b) Ink-signed & company rubber stamp affixed copy of Tax Invoice containing all details as per GST
rules.
c) Bank Guarantee for Advance, if applicable.
d) Guarantee/ Warranty Certificate.
e) Performance Bank Guarantee/ Indemnity Bond, if applicable.
f) Details for electronic payment viz. Bank name, Branch name and address, Account Number, IFS
Code, MICR Number (if these details are not already incorporated in the Contract).
g) Copy of the Contract and amendments thereon, if any.
h) Any other document/ certificate that may be provided for in the Contract.
ii)Foreign Sellers: In case of payment through Letter of Credit (LC), paid shipping documents are to
be provided to the Bank by the Seller as a proof of dispatch of goods as per contractual terms /LC
conditions so that the Seller gets payment from LC. The Bank will forward these documents to the
Buyer for getting the goods/stores released from the Port/Airport. However, where the mode of
payment is DBT, the paid shipping documents are to be provided to the paying authority by the
Buyer. Documents will include:
14.Exchange Rate Variation (ERV) Clause: This clause will be applicable only in case the delivery
period exceeds 12 Months from the Effective Date of the Contract which involves import content
(foreign exchange) if approved by competent authority..
i)Detailed time schedule for procurement of imported material and their value at the FE rates
adopted for the Contract is to be furnished by the Bidder as per the format given below.
Year Wise and Major Currency Wise Import Content Break up:
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ii) ERV will be payable/refundable depending upon movement of exchange rate with reference to
exchange rate adopted for the valuation of the Contract. Base Exchange rate of each major currency
used for calculating FE content of the Contract will be the SBI selling rate of the foreign exchange
element on the date of the opening of Price Bids.
iii)The base date for ERV would be the Date of opening of Price Bid and variation on the base date
will be given upto the midpoint of manufacture unless the Bidder indicates the time schedule within
which material will be imported by them. Based on information given above, the cut-off date/dates
within the Delivery schedule for the imported material will be fixed for admissibility of ERV.
a)Cases where delivery periods for imported content are subsequently to be refixed /extended except
for reasons solely attributable to the Buyer or Force Majeure.
b)Cases where movement of exchange rate falls within the limit of ± 2 % of the reference exchange
rate adopted for the valuation of the Contract
v) The impact of notified ERV shall be computed on a yearly basis for the outflow as mentioned by
the Bidder in their tender and shall be paid / refunded before the end of the financial year based on
certification by the Buyer.
i)Neither party shall bear responsibility for the complete or partial non-performance of any of its
obligations, if the non-performance results from such Force Majeure circumstances as Flood, Fire,
Earth Quake and other acts of God as well as War, Military operations, blockade, Acts or Actions of
State Authorities or any other circumstances beyond the parties control that have arisen after the
conclusion of the present contract.
ii)In such circumstances the time stipulated for the performance of an obligation under the Contract
is extended correspondingly for the period of time commensurate with actions or circumstances and
their consequences.
iii)The party for which it becomes impossible to meet obligations under the Contract due to Force
Majeure conditions, is to notify in written form to the other party of the beginning and cessation of
the above circumstances immediately, but in any case not later than 10 (Ten) days from their
commencement.
v)If the impossibility of complete or partial performance of an obligation lasts for more than 6 (six)
months, either party hereto reserves the right to terminate the Contract totally or partially upon
giving prior written notice of 30 (thirty) days to the other party of the intention to terminate without
any liability other than reimbursement on the terms provided in the agreement for the goods
received.
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The Buyer is interested to trade the existing old goods while purchasing the new ones. Bidders may
formulate and submit their tenders accordingly. Interested Bidders can inspect the old goods to be
traded through this transaction. The Buyer reserves the right to trade or not to trade the old goods
while purchasing the new ones and the Bidders are to frame their bids accordingly covering both the
options. Details for buy-back offer are as under -
i) Details of Items for Buy-Back Scheme - Make/Model, Specs, Year of Production/ Purchase,
Period of Warranty/AMC etc.
ii) Place for Inspection of Old Items - Address, Telephone, Fax, e-mail, Contact personnel, etc.
iv)Last Date for Inspection - 1 day before the last date of submission of bids.
vi)Handling charges and transportation expenses to take out the old items will be on account of the
successful Bidder.
17.Export License:
Basically, End User Certificates(EUC) will not be issued
The Bidder is required to furnish full details and formats of End Use Certificate required for
obtaining export clearance from the country of origin. This information will be submitted along with
Techno-Commercial bid. In the absence of such information, it would be deemed that no document
is required from the Buyer for export clearance from the country of origin.
19.Terms of Delivery
For Foreign Bidder: Foreign bidders are required to quote both on CIF/CIP (destination) and
FCA/FOB (Gateway) basis. If CIP/CIF cost is not available, an additional 10% of FCA/FOB cost
over and above quoted FCA/FOB cost will be loaded on their respective bid for comparison
purposes.
For Indigenous Bidder: The delivery of goods shall be on FOR (destination) basis
a) The Seller shall provide packing and preservation of the equipment and spares/goods contracted so
as to ensure their safety against damage in the conditions of land, sea and air transportation,
transhipment, storage and weather hazards during transportation, subject to proper cargo handling.
The Seller shall ensure that the stores are packed in containers, which are made sufficiently strong.
The packing cases should have provisions for lifting by crane/fork lift truck. Tags with proper
marking shall be fastened to the special equipment, which cannot be packed.
b) The packing of the equipment and spares/goods shall conform to the requirements of
specifications and standards in force in the territory of the Seller's country.
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c) A label in English shall be pasted on the carton indicating the under mentioned details of the item
contained in the carton. The cartons shall then be packed in packing cases as required.
i)Part Number :
ii)Nomenclature :
v)Quantity contracted :
d)One copy of the packing list in English shall be inserted in each cargo package, and the full set of
the packing lists shall be placed in Case No.1 painted in a yellow colour.
e)The Seller shall mark each package with indelible paint in English language as follows:-
ii)Consignee ________________________
iii)Port / airport of destination ________________________
f)If necessary, each package shall be marked with warning inscriptions: <Top>, <Do not turn
over>, category of cargo etc.
g)Should any special equipment be returned to the Seller by the Buyer, the latter shall provide
normal packing, which protects the equipment and spares/goods from damage or deterioration
during transportation by land, air or sea. In such case the Buyer shall finalize the marking with the
Seller.
21.Inspection Instructions:
iii)Stage/Subsystem inspection
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vii)Inspection Authority
22.Franking Clause:
i)In Case of Acceptance of Store(s): "The fact that the goods have been inspected after the
delivery period and passed by the Inspecting Officer will not have the effect of keeping the contract
alive. The goods are being passed without prejudice to the rights of the Buyer under the terms and
conditions of the Contract".
ii)In Case of Rejection of Store(s): "The fact that the goods have been inspected after the delivery
period and rejected by the Inspecting Officer will not bind the Buyer in any manner. The goods are
being rejected without prejudice to the rights of the Buyer under the terms and conditions of the
contract."
23.Claims:
i)The quantity claims for deficiency of quantity and/ or the quality claims for defects or deficiencies
in quality noticed during the inspection shall be presented within 45 days of completion of
inspection.
ii)The Seller shall collect the defective or rejected goods from the location nominated by the Buyer
and deliver the repaired or replaced goods at the same location, within mutually agreed period,
under Seller's arrangement without any financial implication on the Buyer.
24.Warranty: Yes/No
The Seller will declare that the goods, stores articles sold/supplied shall be of the best quality and
workmanship and new in all respects and shall be strictly in accordance with the specifications and
particulars contained/mentioned in the contract. The Seller will guarantee that the said
goods/stores/articles would continue to conform to the description and quality for a period
of,1-YEARS from the date of acceptance/installation of the said goods stores/articles. If during the
aforesaid period of warranty, the said goods/stores are discovered not to conform to the description
and quality aforesaid, not giving satisfactory performance or have deteriorated, the Buyer shall be
entitled to call upon the Seller to rectify the goods/stores/articles or such portion thereof as is found
to be defective by the Buyer within a reasonable period without any financial implication on the
Buyer. In cases of procurement of software, seller shall issue/provide upgrades of the software free
of cost during the warrnty period.
i)The Seller agrees to provide Product Support for the stores, assemblies/sub-assemblies, fitment
items, Spares and consumables, Special Maintenance Tools (SMT)/Special Test Equipments (STE)
for a minimum period of _____years including _____ years of warranty period after the delivery.
i)The Seller would provide a Non- Comprehensive AMC for a period of ___ years.
OR
The Seller would provide a Comprehensive AMC for a period of ___ years. The AMC services
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should cover the repair and maintenance of all the equipment and systems purchased under the
Contract and specify following:
b)Required spares that may be stored at site by the Seller at their own cost to avoid complete
breakdown of the equipment/system and to ensure serviceability.
iii)Response Time: The response time of the Seller should not exceed _______hours / days from the
time breakdown intimation is provided by the Buyer.
iv)Serviceability of ___% per year is to be ensured. This amounts to total maximum downtime of
___days per year. Also un-serviceability should not exceed ___days at any given time. Total down
time would be calculated at the end of the year. If downtime exceeds permitted limit,
LD/Extension/Termination may be considered as per merit of the case as decided by the Buyer.
v) Technical Documentation: All necessary changes in the documentation (Technical and Operators
Manual) for changes carried out on hardware and software of the equipment will be provided.
vi)During the AMC period, the Seller shall carry out all necessary servicing/repairs to the
equipment/system under AMC at the current location of the equipment/system. Prior permission of
the Buyer would be required in case certain components/sub systems are to be shifted out of
location. On such occasions, before taking over the goods or components, the Seller will give
suitable bank guarantee to the Buyer to cover the estimated current value of items being taken out of
location.
vii) Period of AMC may be extended as per mutual agreement subject to satisfactory
performance.
viii)The Buyer reserves its right to terminate the maintenance contract at any time without assigning
any reason whatsoever, after giving a notice of ___ months. The Seller will not be entitled to claim
any compensation against such termination. However, while terminating the Contract, if any
payment is due to the Seller for maintenance services already performed in terms of the Contract, the
same would be paid as per the Contract terms.
28.Intellectual Property Rights (IPR): The rights of Intellectual Property, developed under the
Contract, will be either the property of Govt. of India or jointly owned by the Govt. of India and the
Development Partner. The holding of rights of intellectual property will be decided by the Buyer based
on the merits of the case. Even where IPR is jointly held, Govt. of India will have the marching rights
on IPR, i.e., the Development Partner will have to give technical know-how/design data for production
of the item to the designated Production Agency nominated by Govt. of India. The Development
Partner will, however, be entitled to license fee / royalty from designated agency as per agreed terms
and conditions. The Development Partner will also be entitled to use these intellectual properties for
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their own purposes, which specifically excludes sale or licensing to any third party
29.Quality Requirements for AS-9100-D: The following quality requirements meant for AS-9100-D
needs to complied by venders in addition the specific quality requirements mentioned in the technical
specification and relevant quality assurance documents which are part of this RFP.
a)Materials/Services/Processes will be subjected to receipt inspection and payment will be released
based on inspection results.
b)Vender shall ensure product/service/process delivery as per Specifications and Delivery Schedule.
c)Technical information as required is attached in the form of drawings, specifications, process
document, QAP, design and development requirements, etc.,
d)In case of providing services/processes, Vender shall ensure necessary competence of personnel.
e)In case of any technical information requirement, vender may please contact RCI Purchase
Department.
f)Vender shall provide the right of access to RCI, its customer, and regulatory authorities to the
applicable areas of facilities and to applicable documented information, at any level of the supply
chain.
g)Vender implements quality management system as per RCI requirements.
h)Vender shall use customer-designated or approved external providers, including process sources
(e.g., special processes).
i)Vender shall notify RCI on non-confirming processes, products, or services and obtain approval
for their disposition.
j)Vender shall provide test specimens for design approval, inspection/verification, investigation, or
auditing (as applicable).
k)Retain documented information, including retention periods and disposition requirements
i)CI shall exercise controls on design and development as per its or its customer's requirements.
ii)Vender shall notify RCI on changes to processes, products, or services, including changes of
their external providers or location of manufacture, and obtain organization's approval.
iii)Vender shall flow down its external providers applicable requirements including customer
requirements.
iv)Vender shall ensure that persons are aware of:
.Their contribution to product or service conformity
.Their contribution to product safety
.The importance of ethical behavior.
l)Vender ensure prevention of counterfeit parts/products. Vender and it's sub-tier suppliers, shall
ensure that only non-counterfeit parts and products are delivered to RCI.
m)Further to prevent inadvertent use of counterfeit parts, Venders shall only procure directly from
OEM, Original Component Manufacturer (OCM), or through OEM/OCM authorized distribution
chain unless approved in writing by RCI.
n)Vender must obtain written approval to use Non-Franchised Distributors/Brokers and must present
complete and compelling support of all actions to ensure parts procured are legitimate, authentic,
non-counterfeit parts.
o)In case of detection of counterfeit parts / products upon inspection, same will not be returned to
Vender as they are and will be handled as per the policies of RCI.
p)RCI shall carry out vender performance rating based on parameters like, Product Conformity,
Delivery Schedule and absence of counterfeit parts. The result will be communicated to Vender for
improvement.
Important Notes:
1)Compliance for the Terms & Conditions mentioned in above
Part-III is mandatory without which the offer will not be
considered.
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3.Bidders are required to furnish clause by clause compliance of specifications bringing out clearly the
deviations from specification, if any. Bidders are advised to submit compliance statement for the
technical parameters separately in the following format along with the Techno-Commercial Bid:
4.Delivery Period:
a)Expected Delivery Period for supply of items/rendering services would be 18MONTHS from the
Effective Date of the Contract. Please note that the Contract can be cancelled unilaterally by the Buyer
in case items are not received within the contracted delivery period. Extension of contracted delivery
period with/ without LD clause will be at the sole discretion of the Buyer.
b)The Seller needs to quote their Realistic Delivery Period in their technical offer, based on their
capabilities/limitation (may be same as the above one or may be different one from the above). Such
"Realistic Delivery Period" quoted by Seller will be considered and assessed during techno-commercial
evaluation of the bid.
5.INCOTERMS for Delivery and Transportation (for Foreign Bidders only): Unless otherwise
specifically agreed to by the Buyer and the Seller and incorporated in the Contract, the applicable rules
and regulations for transportation of goods from foreign countries will be as per the contemporary
version of International Commercial Terms (INCOTERM 2010) evolved by International Chamber of
Commerce, Paris.
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ii)Price Bid Evaluation: The Price bid of those bidders whose Techno-Commercial bid (if
applicable) has been accepted will be opened and comparative statement will be prepared. The best
acceptable bid will be decided upon the lowest price quoted by the particular Bidder as per the Price
Format given at Part VII of the RFP.In case of more than one line item, L1 would be decided as
mentioned in 1(iii) below.
iii)Deciding L1 in case
of more than one line item: Refer Technical Document enclosed with this RFP.
2.Procedure for Cost Comparison: The basis for comparison of cost in different situations would be
as follows:
a)If competition is only among Indian bidders, the financial implication will be considered after
accumulating basic price + packing& forwarding + freight & insurance + installation
&commissioning + training &testing if any, excluding statutory duties & taxes
b)In import cases, all the foreign quotes will be brought to a common denomination in Indian
Rupees by adopting the exchange rate as BC selling rate of the State Bank of India on the date of
the opening of Price Bids
c)If competition is among foreign bidders, the basis for comparison should be the landed price at
the destination (designated port) in accordance with Para 19 of Part-III of the RFP
d)If competition is amongst Indian and foreign bidders, the CIP/CIF cost quoted by the foreign
bidders would be the basis for comparison with the basic cost (FOR) offered by Indian bidders,
after offloading all taxes and levies. The term Indian bidders would also include DPSUs and Indian
Ordnance Factories
e)The Buyer reserves the right to evaluate the offers received by adopting Discounted Cash Flow
(DCF) method with a discounting rate in consonance with the existing Government borrowing rate.
DCF method would be used for evaluation of bids in the following cases:
i) To compare different payment terms, including advance payments and
progressive stage payments so as to bring them to a common denomination for determining lowest
bidder.
ii) To deal with cases where entering into AMC for period in excess of one year is a part of the
contract for evaluation of the bid.
f)Net Present Value (NPV): NPV method is a variant of DCF method which may be used for
evaluation of bids. The NPV of a contract is equal to the sum of the present values of all the cash
flows associated with it. When choosing among the various bids, the bid with the lowest NPV will
be selected. The following formula may be used for calculating NPV of a bid:
Where
At : Expected cash flow at time t
t : Time of expected cash flow
N : Total period
i : Discount rate
g)Discount rate to be used under the method is to be the Prime Lending Rate of State Bank of India
on the Date of Opening of Price Bids.
h)If there is a discrepancy between the unit price and the total price that is obtained by multiplying
the unit price and quantity, the unit price will prevail and the total price will be corrected
accordingly.
i)If there is a discrepancy between words and figures, the amount in words will prevail for
calculation of price.
3.The best acceptable bid will be considered further for placement of the Contract after price
negotiation as decided by the Buyer.
This undertaking on company letterhead is mandatory without which the offer will not be
considered.
Company Seal:
Important Notes:
Bidders are requested to submit the above undertaking along with their quotation (along with
Techno-Commercial bid in case of Two Bid System)