DIRECTORATE OF MAHARASHTRA FIRE SERVICE, HANSA BHUGRA MARG, NEAR FORENSIC LAB, KALINA, SANTACRUZ (EAST),

MUMBAI – 400098

TENDER DOCUMENT

Tender Number: MFS/RC-1 /2014 FOR

BREATHING APPRATUS SETS

(A) Supply of Self contained Positive pressure open circuit Breathing Apparatus sets – 45 mnts., duration with spare Steel cylinder, tool kit, carrying case for the use of fire services. It should have BIS approval as per IS 10245 Part II, and the Full Face Mask approved to IS 14166:1994

(B) Supply of High pressure Breathing Air Compressor

– 3 phase Electric, 225 - 250 LPM Flow with two filling hose each for 300 bar pressure

RATE CONTRACT FOR THE PERIOD OF 2 YEARS

TABLE OF CONTENTS

INVITATION FOR TENDER

DIRECTOR, MAHARASHTRA FIRE SERVICES,

Directorate of Maharashtra Fire services,

Hansa Bhugra Marg, Kalina, Santacruz (East), Mumbai- 400098.

On behalf of the Government of Maharashtra, the Director, Maharashtra Fire Services, Directorate of Maharashtra Fire services, Hansa Bhugra Marg, Kalina, Santacruz (East), Mumbai- 400098 invites sealed tender offers (Technical and Commercial) from The Eligible Manufacturers only for Finalization of Rate Contract in the State of Maharashtra as specified in the Schedule below. The rate contract shall be valid for the period of 2 years from the date of signing of the contract. However, if Government thinks it is appropriate may extend upto one more year. Hereinafter referred to as the said authority.

The Manufacturers/ supplier may quote for both the options OR any one of the option as mentioned below:-

(B) Supply of High pressure Breathing Air Compressor – 3 phase Electric, 225 -

250 LPM Flow with two filling hose each for 300 bar pressure

(A) Supply of Self contained positive pressure open circuit BA Sets (6.8 ltrs. X 300 bar steel cylinder) 45 minutes duration Approved as per IS 10245 Part II, Type V and the Full Face Mask approved to IS 14166:1994 for the use of various FIRE services of State Govt./ ULB’S/SPA’S, State Govt.

Undertakings, Organisations, or companies in the State of Maharashtra.

Nature of Work

1. The tender Form along with tender document is available on Website www.mahafireservice.gov.in This can be downloaded. The filled tender form shall accompany a crossed Demand Draft for Rs. 10,000/- of any nationalized bank drawn in favour of the Director, Maharashtra Fire services, Mumbai , payable at Mumbai at par as tender fee without which tender will be taken as incomplete and shall not be considered. The D.D. shall be kept in separate envelope, which will be kept inside technical offer envelope.

2. Summary of the tender notice is as follows:

3. The Bid should remain valid for 180 days from the date of opening of the Commercial Bid. However the contract period shall be 2 years from the date of signing the contract.

4. All the Bidders, who match the qualification criterion laid down under the Tender Document, who intend to Bid, are required to submit Earnest Money Deposit (“EMD”) of Rs. 3,00,000/- (Rupees Three Lacs Only) by the way of a Demand Draft drawn in favour of " Director, Maharashtra Fire services, Mumbai”, drawn on any Nationalized Bank along with their Bids, in his office at Directorate of Maharashtra Fire services, Hansa Bhugra Marg, Kalina, Santacruz (East), Mumbai- 400098. All those Bids for which EMD is not submitted along with the Bid shall be rejected out rightly without assigning any reason thereof.

5. The EMD deposit of successful bidder shall be converted as a part of security deposit and EMD of unsuccessful bidders shall be refunded within 90 days from the date of finalization of tender.

6. The Director, Maharashtra Fire Services reserves an absolute, unqualified and unchallengeable right to accept or reject any or all Bids without assigning any reason thereof.

7. All the aforesaid items will be purchased as per terms and condition of rate contract for supply and installation, delivery, training FOR destination of respective purchaser having their any location anywhere in the state of Maharashtra. The rate contract shall be valid for the period of 2 years from the date of signing of the contract.

8. Tender Notice is available on the website www.mahafireservice.gov.in

9. Failure to submit EMD, failure to fulfill any condition or submission of incomplete Bid shall lead to the rejection of the Bid.

10. Conditional Tender/Bid such as alternative offers or any hidden clauses, expenses etc. shall be liable for rejection without assigning any reason thereof.

11. In this Tender document if any suggestions, errors , corresponding changes, modifications. Additions , brought to the notice in pre bid meeting shall form a part and partial of Tender Document subject to approval of RC Tender Committee.

12. The Bidders are advised to read carefully the "Instructions to Bidders" contained in the Tender Document.

13. Additional details, if required may be obtained from undersigned, during office hours on working days.

DISCLAIMER

The information contained in this Tender Document (the “document”) or subsequently provided to Bidder(s), whether verbally or in documentary or any other form, by or on behalf of Maharashtra Fire Services (referred to as the “Authority”) or any of its employees or advisors, is provided to Bidder(s) on the terms and conditions set out in this document and such other terms and conditions subject to which such information is provided.

This document is not an agreement and is neither an offer nor invitation by the Authority to the prospective Bidders or any other person. The purpose of this document is to provide interested parties with information that may be useful to them in the formulation of their Bid pursuant to this document. This document includes statements, which reflect various assumptions and assessments arrived at by the Authority in relation to the Procurement of Delivery BA set . Such assumptions, assessments and statements do not purport to contain all the information that each Bidder may require. This document may not be appropriate for all persons, and it is not possible for the Authority, its employees or advisors to consider the investment objectives, financial situation and particular needs of each party who reads or uses this document. The assumptions, assessments, statements and information contained in this document may not be complete, accurate, adequate or correct and each Bidder should therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this document and obtain independent advice from appropriate sources.

Information provided in this document to the Bidder(s) is on a wide range of matters, some of which depends upon interpretation of law. The information given is not an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. The Authority accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed herein.

The Authority, its employees and advisors make no representation or warranty and shall have no liability to any person, including any Bidder, under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this document or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the document and any assessment, assumption, statement or information contained therein or deemed to form part of this document.

The Authority also accepts no liability of any nature whether resulting from negligence or otherwise howsoever caused arising from reliance of any Bidder upon the statements contained in this document.

The Authority may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumptions contained in this document.

The issue of this document does not imply that the Authority is bound to appoint the selected bidder for the BA Sets / BA Compressor and the Authority reserves the right to reject all or any of the Bids without assigning any reasons whatsoever.

The Authority is at its discretion to select one or more than one successful Bidders at its discretion.

The Bidder shall bear all its costs associated with or relating to the preparation and submission of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstration or presentations which may be required by the Authority or any other costs incurred in connection with or relating to its Application. All such costs and expenses will remain with the Bidder and the Authority shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by the Bidder in preparation and/or submission of the Bid, regardless of the conduct or outcome of the Bidding Process.

INSTRUCTIONS TO BIDDERS

GENERAL CONDITIONS:

1. TENDER FORM AND TENDER FEE:

The tender Form along with tender document is available on and can be downloaded from the Website www.mahafireservice.gov.in. The filled Tender Form shall accompany a crossed Demand Draft for Rs. 10,000/- of any Nationalized bank drawn in favour of “Director, Maharashtra Fire services, Mumbai”, payable at Mumbai at par as Tender Fee without which the Tender will be taken as incomplete and shall be rejected. The Demand Draft shall be submitted in separate envelope, superscribed as “ Tender Form Fees”

2. EARNEST MONEY:

Bidders are required to submit a Demand Draft of Rs. 3,00,000/- (Rupees Three Lacs only) as Earnest Money Deposit (“EMD”) of any nationalized bank drawn in favour of “Director, Maharashtra Fire services, Mumbai”, payable at Mumbai along with their offer. Offers, made without EMD, shall be rejected out rightly without assigning any reason thereof. The Demand Draft must be of a Nationalized Bank and should be in favour of Director, Maharashtra Fire services, Mumbai. EMD shall be submitted by the way of a Demand Draft only as provided above and by no other mode. Offers wherein EMD is not submitted in the mode prescribed above shall be out rightly rejected without assigning any reason thereof.

EMD provided by the unsuccessful Bidders will be returned within a period of 180 days. i.e. the period of tender offer validity.

The EMD of the successful Bidders EMD shall be adjusted partly against the amount of Security Deposit after executing the Contract.

The EMD may be forfeited:

a) If a Bidder withdraws its tender during the period of bid validity OR

b) In case of a successful Bidder, if the Bidder fails:

i. To execute the agreement / contract within 14 days from the date of the issue of the Letter of the Intent. ( LoI )

ii. to submit Security Deposit as specified in the terms and conditions

3. ELIGIBLE BIDDERS:

Reputed and experienced Manufacturers in the field of BA Sets as per IS - 10245 shall be eligible subject to the criteria for eligibility prescribed as per clause no 4 under this Tender Document.

4. ELIGIBILITY

The Purchaser is interested and looking for proven products. Based on this objective, the Bidder shall have to satisfy following criterion:-

a) The Bidder should be a registered company and the date of incorporation should be prior to minimum 3 years before the last date of submission of bids. The Bidder should have a workshop and service facility in India and preferably in Maharashtra. The Companies Incorporation certificate along with the address of the workshop shall be submitted.

b) The Bidder Should have minimum Turn Over of Rs. 3 crores / per annum during last 3 years ( i.e. Rs. 9 crores for 3 years) from a business of supply of BA set in India for the use of Emergency services.. A certificate from the Statutory Auditor to this effect shall be submitted along with the Profit and Loss Accounts statement.

c) The bidder shall be in the business of supplying BA Sets for at least three years. The purchase order having the date earlier than 3 years before the last date of submission of bids shall be submitted.

d) The bidder should have manufactured / supplied at least 1000 no. of BA Sets in last 3 years and 10 Nos. of BA Compressor for the Emergency services

use. Documentary Proof towards the same has to be submitted. However at least 300 BA sets & 3 Nos. of Compressor should be supplied in every year.

e) Should have BA Set testing facility as per provisions of BIS 10245 part II

f) The bidder shall be profit making for last three years. The Bidder shall submit its balance sheet along with the Profit and loss account statement for the last three years.

g) The Bidder should furnish the satisfactory completion certificate from at least

3 Government/ Semi Government / Emergency services/ Multinational organizations having their operations and use of BA Sets in India about.

h) The Bidder should not have been blacklisted by any Government/Semi Government/PSUs. It is mandatory to submit Self declaration of the company in this regard in the format given in Annexure T. If the Bidder is blacklisted during the currency of the Rate Contract, it will be deemed cancelled and without any need to issue any notice.

i) Suppressing, camouflage, hiding any information shall be a serious violation and shall lead to outright rejection of bids and shall be actionable as per the law.

Notwithstanding anything stated above, the Purchaser reserves the right to assess the Bidder’s capability (Financial, Technical and Manpower) and capacity to perform the contract in any other manner, should circumstances warrant such as assessment, in the overall interest of the Purchaser.

5. METHOD OF SUBMISSION OF TENDER FORM

A) The two bids system ( 3 envelop ) shall be followed; means offers shall have

a) Tender Fees b) EMD c) Technical Bid and d) Commercial Bid separately in separate sealed envelopes superscripted as Technical and Commercial Offers respectively. The Demand Drafts of EMD & Tender Document Fees should be submitted in separate envelops. However, all these envelops may be put in

another larger envelope, sealed and superscripted with the Tender Reference Number and Name of Bidder.

The sealed envelopes must be super-scribed with the following information:-

 Type of Offer (Technical or Commercial)

 Tender Reference Number

 Name of Bidder

B ) Clarification of Bidding Documents:

A prospective Bidder requiring any clarification of the Bidding Documents may notify the Purchaser in writing or fax at the Purchaser’s mailing address indicated in the Invitation for Bids. The Purchaser may respond in writing to any request for clarification of the Bidding Documents, which it receives no later than 15 days prior to the deadline for the submission of bids prescribed by the Purchaser. Written copies of the Purchaser’s response (including explanation of the query but without identifying the source of inquiry) will be provided to those prospective Bidders who have received the Bidding Documents.

C) Amendment of Bidding Documents:

(a) At any time prior to the deadline for submission of Bids, the Purchaser may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding Documents by amendments.

(b) Such amendment/s will be notified in writing to all prospective Bidders, who have received the Bidding Documents and that, it will be binding on them. The same shall be uploaded on website www.mahafireservice.gov.in.

(c) The purchaser may, at its discretion, extend the deadline for the submission of bids. So as to enable the prospective Bidders to take in to accounts such amendment/s while preparing their bids.

(d) Purchaser may seek any written clarification or confirmation on any of the point for evaluation of Bid documents: However this information shall be called prior to opening of Envelop-III i. e. Commercial Bid.

6. ENVELOPES:- ENVELOP - I

i. Earnest Money Deposit of a Value of Rs. 3 Lacs : Demand Draft of Rs.3 Lacs (Rupees Three Lac) as Earnest Money Deposit of any nationalized bank drawn in favour of “Director, Maharashtra Fire services, Mumbai”, payable at Mumbai.

ii. Non refundable fee of Rs. 10,000/- in the form of crossed Demand Draft drawn in favour of the Director, Maharashtra Fire services, Mumbai, Mumbai, payable at Mumbai if the tender form is downloaded from the website.

ENVELOPE - II: (TECHNICAL OFFER):

The Technical Offer (T.O.) shall be completed in all respects and contain all information asked for, except prices. It shall not contain any price information. The T.O. shall have the list of items (Specification and Make Details) for which Tender has been submitted. (also see Annexure S)

For example, the Technical Offer shall mention that warranty for three years is included in the Commercial Offer, without showing the actual amounts against the T.O. The Technical Offer must be submitted in an organized and neat manner and numbered. No documents, brochures, leaflet, etc. shall be submitted in loose form. Unnecessary papers and duplication of information shall be avoided. However a soft copy of the bids (Technical and Commercial) be submitted in searchable PDF in a media such as CD or memory stick.

(A) The Technical Offer shall be submitted in duplicate.

The format for submission of Technical Offer is as follows:

i) Index

ii) Tender Offer Form (Annexure B) duly filled in all technical details and enclosures along with Documents Establishing Bidder's Eligibility and Qualifications

(B) Documents Establishing Bidder's Eligibility and Qualifications:-

The Bidder shall furnish, as part of its tender offer, documents establishing The Bidder's eligibility to participate in the tender and its qualifications to perform the Contract.

a) The documentary evidence of The Bidder's qualifications to perform the Contract, shall establish to the Purchaser's satisfaction that The Bidder is eligible as per the criteria outlined in the Pre-qualification Requirements (QCR). The list of documents to be submitted has been mentioned in the prequalification compliance sheet given at Annexure- C.

b) Requirements detailed out in Technical Specification Form Annexure A & Annexure - A (i).

c) All the Annexure duly filled and signed by authorized signatories.

d) Technical Documentation (Product Brochures, leaflets, manuals etc) to proof towards the compliance of requirements given at Annexure A. & Annexure - A (i) All products quoted should be associated with specific model numbers and names along with printed literature describing the specifications and functionality.

( C) The following information should be furnished along with the Technical Offer by means of printed technical brochures and filling required information in Technical Details Form:

a) Make and model numbers of all the items quoted for

b) Printed product brochures of all items quoted with full for technical specifications.

c) Any departure from the printed specifications should be clearly identified in the Annexure-U under the title 'Deviations' to the offer document

e) Products that will be supplied free and the ones that will be charged for should be clearly indicated. Restriction on usage, if any, should also be mentioned.

f) Warranty Offer details, as per Clause No. 19 of the “Terms & Conditions of Contract” (Except price)

g) Letter for acceptance of all Terms and Conditions of the tender document.

h) Power of Attorney in favour of the person signing the bids.

i) Manufacturer's Quality Assurance System document should be submitted along with tender.

ENVELOPE-III (COMMERCIAL OFFER):

ENVELOPE -III: The Commercial Offer must be given in a sealed envelope. It must give all the relevant price information and should not contradict the technical offer in any manner. The Price Schedule (PS) must be filled in completely, without any errors, erasures or alterations.

The offer should be put in separate sealed envelope superscribed with following information.

i. Tender Reference Number

ii. Commercial Envelope for item

Bidder should submit their prices only in the Annexure – Price Schedule–PS given in the tender. This Price schedule should be submitted in Commercial bid envelop No.3. The Bid Form must be filled in completely, without any errors, erasures or alterations. Tender should quote all-inclusive Price i.e. inclusive of Supply, of BA Sets , taxes and duties as mentioned in this tender document alongwith 2 Years Warranty, etc.

7. SUSPENSION & CANCELLATION OF RC

On finding any deviation from the specification or violation of any condition of the tender/ contract, RC shall be suspended till the final decision. As this is an urgent and emergent act and suspension is not a punishment, it will be issued to check the further supply of substandard goods and keep the gravity and complexity of the problem under control. Thereafter, the show cause notice will be issued to all concerned to take final decision. On enquiry if goods supply is found away from the RC specification/substandard the RC of that product will be cancelled and other appropriate action shall be taken.

The aggrieved party may approach to the DIRECTOR, MFS. Decision of the DIRECTOR, MFS shall be final.

8. SPECIFICATIONS OF BA SETS :

The technical specifications of the equipments specified in the Annexure – A & A (i) are the minimum requirements of the purchaser. The Bidder shall provide the technical specifications of the equipments or product quoted by him for which specifications have not been given.

Annexure – A: - Supply of Self contained positive pressure open circuit BA Sets approved as per IS 10245, Part II and the Full Face Mask approved to IS 14166:1994

B:- Supply of High pressure Breathing Air Compressor – 3 phase Electric, 225-250 LPM Flow with two filling hose each for 300 bar pressure.

A Pre-Bid conference of all the intending Bidders will also be held at the scheduled date and time as indicated in the Schedule of the Tender. Intending Bidders will be allowed to suggest suitable modifications in the Technical Specifications indicated in Annexure A & A (i) so that the Government of Maharashtra is able to take the benefit of the latest advances in technology that are constantly taking place in the industry. The Purchaser will communicate such

changes in specifications that are acceptable to all the intending Bidders who have purchased the bid document from the Purchaser. Only such changes that will be communicated will become binding on all The Bidders.

9. Definitions

In this tender document and associated documentation, the following terms shall be interpreted as indicated:

a) "The Purchaser" means

i) Director, Maharashtra Fire Services, Govt. of Maharashtra.

ii) Urban Local Bodies ( ULB’s)

iii) Special Planning Authorities (SPA’s)

iv) State Govt. or State Govt. Undertakings, Enterprises, Organizations or Companies.

b) “Manufacturer” means the eligible manufacturer of BA sets who may be also a supplier of the same product.

c) "The Bidder" means the eligible manufacturers who bids or offers the goods and services against this invitation for tender.

d) “The Vendor” means The Bidder with whom the Purchaser has entered into a Rate Contract against this tender.

e) "The Contract" means the agreement entered into between the Purchaser and The Bidder, as recorded in the CONTRACT FORM signed by the parties, including all the attachments and appendices thereto, and all documents incorporated by reference therein;

f) "The Contract Price" means the price payable to the Bidder under the contract for the full and proper performance of its contractual obligations;

g) "The Goods" means all the equipment, machinery, and/or other materials which The Bidder is required to supply to the Purchaser under the Contract;

h) "Services" means services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services applicable, such as installation, commissioning, provision of technical assistance, training, on-site comprehensive warranty, annual maintenance and other obligations of The Bidder covered under the Contract.

i) Abbreviations :-

a. RC:- Rate Contract

b. ULBs : - Urban Local Bodies

c. SPAs - Special Planning Authorities

d. MFS : –Maharashtra Fire Services

e. BA sets: Supply of Self contained positive pressure open circuit Breathing Apparatus Sets as per specs. Mentioned in the tender document.

f. BA Compressor :- Supply of High pressure Breathing Air Compressor

– 3 phase Electric, 225- 250 LPM Flow with two filling hose each for 300 bar pressure.

10. LOCATIONS FOR SUPPLY OF GOODS AND SERVICE

This Tender is being floated by the Director, Maharashtra Fire Services, and Government of Maharashtra. The Fire tenders being procured through this tender shall be installed and commissioned at any locations in the state of Maharashtra.

11. SOURCES OF FUNDS

The Purchase Order for the equipment will be placed by the respective offices under the State Government or ULB’s or SPAs (hereinafter called the “Purchaser”) where the BA sets / BA Compressor to be supplied and or services

to be provided. The Purchaser will be responsible for making the payments for the goods supplied or services rendered as per the Rate Contract only.

12. SOFT COPY OF TENDER DOCUMENT:

The Purchaser will make available a soft copy of the Tender Document on the media provided by the interested Bidder. There is no separate charge for obtaining such copy. However, the Purchaser shall not be held responsible in any way for any errors / omissions / mistakes in the soft copy. The Bidder is advised to check the contents of the soft-copy for correctness against the printed copy of the tender document /copy uploaded on website. The printed copy of the tender document/ copy uploaded on website shall be treated as correct and final, in case of any deficiencies or deviation in the soft copy.

13. ERASURES OR ALTERATIONS AND SIGNING OF TENDER OFFERS

The original and a copy of the contract / Tender Offer shall be typed or written in ink and shall be signed by The Bidder or a person or persons duly authorized in writing to bind The Bidder to the Contract. Such authorization shall be indicated by power- of-attorney accompanying the tender offer. All pages of the Tender Offer, except for un-amended printed literature, shall be initialed by the person or persons signing the Tender Offer. This will be in two different envelopes.

The Tender Offer shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by The Bidder, in that case such corrections shall be initialed by the person or persons signing the offer.

14. COMPLETENESS OF TECHNICAL OFFER

Technical details must be completely filled up. Correct technical information of the product being offered must be filled in. Filling up of the Technical Detail Form using terms such as “OK”, “accepted”, “noted”, “as given in brochure / manual” is

not acceptable. The authority may treat offers not adhering to these guidelines as unacceptable and shall be liable for rejection.

15. ALTERNATIVE OFFERS: If any Bidder is desire to offer any other alternative offer the same should submitted with separate details for that alternative options along with all the necessary documentation for each option, such option should be complete in all respects and should not require cross-referencing with any other option from the same Bidder.

16. COSTS & CURRENCY

The offer must be given in Indian Rupees only, inclusive the following:

 Cost of the equipment

 Installation and commissioning charges

 Warranty charges

 Transportation and Forwarding charges to the site

 Insurance to cover equipment up to installation of equipment at the respective sites and handing it over to end-user.

 All taxes and levies except Octroi/ LBT/ CESS ON ENTRY OF GOODS/ LOCAL BODY TAX.

17. OCTROI / LBT/ CESS ON ENTRY OF GOODS/ LOCAL BODY TAX EXEMPTION CERTIFICATES

The Commercial Offer should be inclusive of all taxes and levies except Octroi/ CESS ON ENTRY OF GOODS/ LOCAL BODY TAX. The purchaser will provide necessary Exemption certificates for Octroi / CESS ON ENTRY OF GOODS/ LOCAL BODY TAX. If such an exemption certificate is not produced and the payment is to be made by the supplier, then the same should be reimbursed to the supplier by the purchaser.

18. FIXED PRICE

The Commercial Offer shall be on a fixed price basis, inclusive of all taxes and levies except Octroi /LBT/CESS ON ENTRY OF GOODS/ LOCAL BODY TAX. No price variation should be asked relating to increase in customs duty, excise tax, dollar price variation, etc. Price quotation accompanied by vague and conditional expressions such as "subject to immediate acceptance", "subject to confirmation before sales", etc. will be treated as being at variance and shall be liable for rejection.

INFORMATION ABOUT BID PROCESS

For the smooth bid process, the information regarding bid process shall be displayed both on website and on the notice board of the Director, Maharashtra Fire Services as and when required. All the prospective bidders are suggested to take cognizance of the same.

19. SUBMISSION OF TENDER OFFERS;-

(A) BIDDER SHALL SUBMIT THE TENDERS IN 3 ENVELOP SYSTEM, ENVELOP – 1 = SEPARATE DEMAND DRAFTS FOR TENDER FEES & EMD ENVELOP - 2 = TECHNICAL BID WITH ALL DOCUMENTS AS MENTIONED IN ENVELOP - 3 = COMMERCIAL BID

(a) Sealed Tender offers shall be submitted to the Director, Maharashtra Fire Services at the address specified above not later than the time and date specified in the invitation for Tender offers. In the event of the specified date for the submission of tender offers being declared a holiday, the offers will be received up to the appointed time on the next working day.

The Director, Maharashtra Fire Services may, at its discretion, extend this deadline for submission of offers by amending the Tender Documents. In that case all rights and obligations of the purchaser and tender previously

subject to the deadline will thereafter be subject to the deadline as extended. Telex, cable or facsimile offers will be rejected.

(b) INFORMATION ABOUT BID PROCESS

For the smooth bid process, the information regarding bid process shall be displayed both on website and on the notice board of the Director, Maharashtra Fire Services as and when required. All the prospective bidders are suggested to take cognizance of the same.

(c) PRE- BID MEETING:-

THE PRE BID MEETING SHALL BE HELD IN THE PRESENCE OF COMMITTEE CONSTITUTED BY GOVT. FOR RATE CONTRACT

(B) PERIOD OF VALIDITY OF BIDS:-

i. The bids shall be valid for a period of “180 Days ” from the closing date for submission of the bid. A Bid valid for a shorter period may be rejected as non responsive. Till completion of the validity period, unless the bidder withdraws his bid in writing, it will be deemed to be valid until such time that the bidder formally (in writing) withdraws his bid.

ii. In exceptional circumstances, at its discretion, Maharashtra Fire Services, Maharashtra may solicit the Bidder's consent to an extension of the period of validity. The request and the responses thereto shall be made in writing (or by fax or email).

20. VALIDITY OF RATE CONTRACT PERIOD

The Rate contract period should be of 2 years from the date of signing the contract. However the period of such rate contract can be further extended upto1 year.

21. LATE TENDER OFFERS

Any tender offer received by the purchaser after the deadline prescribed for submission of the same, pursuant to the clause above, will not be entertained.

22. TAXES AND DUTIES

The Commercial Offer should be inclusive of all taxes and levies except Octroi/ CESS ON ENTRY OF GOODS/ LOCAL BODY TAX. The purchaser will provide necessary Exemption certificates for Octroi / CESS ON ENTRY OF GOODS/ LOCAL BODY TAX. If such an exemption certificate is not produced and the payment is made by the supplier, then the same should be reimbursed to the supplier by the purchaser.

However, The Offer should be inclusive of all other applicable taxes, and such taxes, should be included in the Offer itself. Tax elements included in the Offer may be indicated in the covering letter. It is a duty of the Bidder to ascertain all applicable & prevailing taxes, duties, levies, surcharges, etc. The rates quoted by the Bidder shall be deemed to be including all taxes such as MST, CST, VAT, Excise duty, Work Contract Tax , Service Tax, duties, levies, surcharges, etc. in force prevailing on the date of opening of Tender

23. TENDER OPENING

The Tenders shall be opened before the members of committee constituted by the Government Of Maharashtra for Rate contract. Minimum 3 members shall be present including the Director, MFS. Presence of Committee Member from the Finance Dept. is essential. The Bids will be opened in the presence of the Bidders or their representatives in case the Bidders are unable to present. However, it shall be the duty of the Bidder to ensure that either he or his

representatives are present at Tender Opening and in no case shall MFS or the RC Committee be liable to cancel or postpone the Tender Opening if any or all Bidders are absent (either themselves or their representatives) at the venue of Tender Opening at prescribed time. The Director, Maharashtra Fire Services, Maharashtra will open the Technical Bids and list them for further evaluation. The Commercial Bid covers shall be listed and shall not be opened until the evaluation of the ‘Technical Bid’ is over. The Commercial Bids of only those Bidders who have successfully completed qualifying criteria in Technical Evaluation will be opened. Director, Maharashtra Fire Services, reserves the right at any time to postpone or cancel a scheduled Tender Opening.

24. MODIFICATION AND WITHDRAWAL OF OFFERS

The Bidder may modify or withdraw his offer after its submission, provided that written notice of the modification or withdrawal is received by the Purchaser prior to the closing date of the Bids and time prescribed for submission of offers. No offer can be modified, subsequent to the closing date and time for submission of offers.

25. PRELIMINARY SCRUTINY

Prior to the detailed evaluation, the Purchaser will determine the substantial responsiveness of each offer to the tender documents. For purpose of this Clause, a substantially responsive bid is one which is in conformity with all the terms and conditions of the Tender Documents without any material deviations. The Purchaser’s determination of an offer’s responsiveness will be based on the contents of the tender offer itself without recourse to extrinsic evidence.

The office of the Director, MFS office will scrutinize the offers in respect of their completeness, submission of technical documents duly signed, etc. Only qualified Tenders will be considered for further process.

The Director, MFS, reserves the right to waive any minor infirmity or irregularity in a tender offer, if he finds that, it is in the interest of the Government. The decision in this regards of the Director will be final and binding on all Bidders.

26. CLARIFICATION OF OFFERS

To assist in the scrutiny, evaluation and comparison of offers, the Purchaser may, at its discretion, ask some or all Bidders for technical clarification of their respective Offers. The request for such clarifications and the response shall be in writing. To speed up the Tender process, the Purchaser, at its discretion, may ask for any technical clarification to be submitted by means of facsimile or e-mail by the Bidder. In such cases, original copy of the document describing the technical clarifications must reach the Purchaser by means of courier / in person within seven days of the receipt of facsimile or e-mail.

27. DELIVERY PERIOD: - (3 months). :- Irrespective of quantity of BA sets , each consignment of the order has to be completed within 3 months from the date of supply order,

28. COMPENSATION FOR DELAY

Irrespective of number of sets, each consignment of the order has to be completed within 3 months from the date of supply order. The contractor should intimate about the delivery schedule to the respective Purchaser, through email, telex/fax, telephone and or any other mode of communication.

In case Vendor fails to meet the above delivery schedule / period, compensation for delay in completion of contract agreement will be recovered at the rate of Rs.1000/-per day / per order, up to a period of first 15 days of delay, if the delay is more than 15 days it shall be Rs. 2000/- per day. However maximum penalty will be not more than 20% of the purchase value

29. PRE QUALIFICATION CUM TECHNICAL EVALUATION PARAMETERS FOR SUPPLY OF

BA SET

30. SHORT-LISTING OF BIDDERS

The commercial offers of only such Bidders will be opened who have met the prequalification criteria and have scored more than 60 marks in technical evaluation.

31. PRICE COMPARISONS

The Purchaser will evaluate Commercial Offers of only short listed technically qualified Bidders. After opening Commercial Offers of the short-listed Bidders, if there exists any discrepancy between words and figures, the amount indicated in words will be considered.

32. AWARD CRITERIA

i. Rate Contract, will be awarded to the Bidder who’s Commercial Offer has been determined to be the lowest evaluated offer. However, those Bidders whose evaluated Commercial Offers are within 10% of the lowest evaluated offer may also be invited to match the prize at par with lowest bidder and those are willing to match the prize may be considered for award of work. In view of the delivery period and penalty clause if bidder may declare his exact capacity to manufacture a number of fire engines during the contract period.

The Commercial Offers are strictly on the basis of price competitiveness and the declaration given by the Bidders of their manufacturing capacity of delivering the

number of SCBA sets / BA Compressor in one year. Each consignment of the order has to be completed within 4 months from the date of issue of supply order.

For timely execution of work Second Lowest (L2) or Third Lowest (L3) or thereof Bidders may be considered negotiation to match their rates at par with lowest bidder of the works, if their prices are within the range of 10% higher than the lowest Bidder. It will be obligatory upon the Vendor to make the supply at the lowest evaluated offer.

ii) However, it is the discretion of the Purchaser to choose Vendors to place Purchase Order.

iii) The lowest rates for Additional items and consumables will be the rate accepted under this RC and it will be obligatory upon the Vendor to make the supply at this rate. On refusal of the supply, the RC of the Vendor will be cancelled, Security Deposited shall be forfeited and the vendor shall be blacklisted and an appropriate action deemed fit by the authority shall be initiated.

33. RIGHT TO ALTER ITEMS

The Purchaser reserves the right to delete tendered items, and also reserves the right to make change in specifications of any items subject to approval of the Director, Maharashtra Fire Services.

34. DEVIATIONS FROM SPECIFICATIONS

If any deviations from the above specifications are desired, the tender shall clearly state all such deviations while submitting his offer. Due consideration will be given to any special device of a attachment offered by The Bidder which is calculated to enhance the general utility of the vehicle or equipment

35. MAKES OF MATERIAL AND CERTIFICATES

Makes of material should be specified in the Tender of every Bidder and each Vendor shall submit the relevant documentary evidence for use of ISI marked material For Imported items if any , the specification should be strictly adhering to European Nation (EN) Standards or Bureau of Indian Standards ( BIS) and the said standards be specified and should be acceptable to RC committee, the Vendor should submit such import documents when demanded.

36. PURCHASER'S RIGHT OF DECISION

The Purchaser reserves the right to accept or reject any tender offer, and to annul the tendering process and reject all tenders at any time prior to award of contract, without thereby incurring any liability towards the affected Bidder(s) or any obligation to inform the affected Bidder(s) of the grounds for the purchaser's action.

37. NO COMMITMENT TO ACCEPT LOWEST OR ANY TENDER

The Purchaser shall be under no obligation to accept the lowest or any other offer received in response to this tender notice and shall be entitled to reject any or all offers, including those received late, or incomplete, without assigning any reason thereof. The Purchaser reserves the right to make any changes in the terms and conditions of the Purchase. The Purchaser will not be obliged to meet and have discussions with any Bidder, and / or to give a hearing on their representations.

38. CORRUPT OR FRAUDULENT PRACTICES

The Purchaser requires that the Bidders under this tender observe the highest standards of ethics during the procurement and execution of such contracts. In pursuance of this policy, the Purchaser defines the terms set forth as follows:

i) “Corrupt Practice” means (i) the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the actions of any

person connected with the Bidding Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Purchaser who is or has been associated in any manner, directly or indirectly with the Bidding Process or the LOI or has dealt with matters concerning the Rate Contract or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Purchaser, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); or (ii) engaging in any manner whatsoever, whether during the Bidding Process or after the issue of the LOI or after the execution of the Rate Contract, as the case may be, any person in respect of any matter relating to the Bidding Process or the LOA or the Rate Contract, who at any time has been or is a legal, financial or technical adviser of the Purchaser in relation to any matter concerning the Bidding Process or the goods and services attached thereto.

ii) “Fraudulent Practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Bidding Process;

iii) “Coercive Practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the Bidding Process;

iv) “Undesirable Practice” means (i) establishing contact with any person connected with or employed by the Purchaser with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of Interest; and

v) “Restrictive Practice” means forming a cartel or arriving at any understanding or arrangement among the Bidders with the objective of restricting or manipulating a full and fair competition in the Bidding Process.

If any document favouring any Bidder is seen in the concerned file which had not been submitted officially and following the procedure, it shall be treated as an evidence enough to conclude that both of the concerned Bidder and the concerned public official have indulged in to a Corrupt Practice and fraudulence and necessary action shall be initiated by the Purchaser against both of them.

In the event of Corrupt Practice, a Fraudulent Practice, a Restrictive Practice, an Undesirable Practice and/or a Coercive Practice by one or all of the Bidders, in addition to penal action as per the terms and conditions of the Contract, appropriate legal action shall be initiated against the concerned Bidders by the Purchaser.

The Purchaser will reject a proposal for award if it is prima-facie established that the Bidder recommended for award has engaged in a Corrupt Practice, a Fraudulent Practice, a Restrictive Practice, an Undesirable Practice and/or a Coercive Practice in competing for the Contract in question.

The Purchaser will declare a Bidder ineligible, either indefinitely or for a stated period of time, to be awarded a Contract if at any time it is found that the Bidder has engaged in Corrupt Practice, a Fraudulent Practice, a Restrictive Practice, an Undesirable Practice and/or a Coercive Practice in competing for, or in executing a contract.

39. SIGNING OF CONTRACT

The successful Bidder shall sign the agreement (CONTRACT) within fifteen days from the date of the issue of the Letter of Intent. Including Sundays and Public Holidays. Director, Maharashtra Fire Services reserves the right to grant an extension of another seven days on satisfaction of the circumstances and reasons given thereof. On failure of execution of the Contract by the successful Bidder, E.M.D. furnished by him shall be forfeited and such bidder is by default eliminated from further process. This shall lead to a liberty for purchaser to consider other bidders provided that those agree to match prizing at par with L1

and agree to carry out the work and render the service as per terms and conditions of RC. lowest price.

*****************

TERMS AND CONDITIONS OF CONTRACT

1. SECURITY DEPOSIT – CUM- PERFORMANCE GUARANTEE

Every successful Bidder shall furnish a Security Deposit within a period of seven days from the signing of the Contract as follows:

Security Deposit - cum- performance guarantee of Rs.15,00,000/- (Rs. Fifteen Lakhs only) in the break up as provided below -

i. Security Deposit of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) - The Earnest Money Deposit (“EMD”) worth Rs. 3,00,000/- provided by the Vendor shall be adjusted partly against the Security Deposit – cum – Performance Guarantee amount of Rs. 15,00,000/- on the signing of this Contract. The EMD shall, on the signing of the Contract, be converted into a Security Deposit of Rs. 3,00,000/-.

ii. Security Deposit of remaining Rs. 12,00,000/- (Rupees Twelve Lakhs only)

- The remaining amount of Security Deposit - cum- Performance Guarantee

i.e. Rs. 12,00,000/- (Rupees Twelve Lakhs Only) shall be provided by the Vendor in the form of a Bank Guarantee issued by any Nationalized bank in favour of “Fire Adviser to the Government of Maharashtra”, Mumbai. This Bank Guarantee shall be submitted in the format specified in SECURITY DEPOSIT CUM PERFORMANCE GUARANTY FORM (Annexure K) provided in the Tender Document.

The Security Deposit shall be refunded to the concerned Vendor after 3 months of expiry of the Contract or after 3 months of successful completion of the Purchase Order placed before the Vendor under the Contract, whichever is later, after deducting the penal amount, if any. The Security Deposit -cum- performance guarantee may be forfeited in case of violation of terms of the Tender. Vendors having any pending work with them or of those cases, if release under any dispute or contrivances shall not be entitled for the refund of Security Deposit or performance warranty.

2. QUALITY OF GOODS

The equipment/product must conform to the highest quality and standard. Vendor should guarantee that the items delivered to the purchaser should be brand new. Complete Hose, equipments such as couplings, hose binding wire etc., must be supplied with their original and complete printed documentation and technical specifications and Test Certificates, if any. For imported items, the vendor should submit the import documents.

Consistency must be maintained for the entire lot of BA set / BA Compressor , all the required items in schedule of requirement must be of the same brand and of the same or higher technical specification.

All the equipment should be supplied with the relevant Indian or international standards, where ever the Indian standards are not in existence the decision of Director, MFS in this regard will be final.

3. INSPECTION OF THE COMPLETE SET:-

The Vendor will have to submit in detailed Quality Control Procedures and standards adopted in the manufacturing process.

The vendor shall provide all necessary certifications and documents of the product including import document for cross verification

Though these sets are certified as per the relevant standards as mentioned in this tender document, to ascertain the quality, Initial one time Inspection and acceptance testing will be done at vendors manufacturing facility at the country of origin, for Initial Inspection and Acceptance test,

A team of 5 members authorized by the Director, MFS will visit the manufacturers facility for inspection of suit . The tests will involve use of BA sets with trouble free operation as specified in respective standards. There should not be any additional charges payable by the purchaser for carrying out this acceptance test. The cost of inspection and testing including lodging –boarding, To & Fro Journey

from Mumbai to the Manufacturers factory at the country of origin, should be borne by the bidders. Thereafter, for any purchase Director, MFS also reserve the right for random inspection of fire suits for any consignment ordered by any individual purchaser.

4. ACCEPTANCE TEST AT THE LEVEL OF INDIVIDUAL PURCHASER ;

On arrival of the BA sets at destination the purchaser or its representative shall have the right to inspect and / or test the equipment to confirm their conformity to the contract. If the equipment or its performance is not as per specified conditions, the vendor shall take immediate remedial steps to satisfy the purchaser's representative

The vendor shall, formally report to the Director, Maharashtra Fire Services the details including purchase order, corresponding number of BA sets, manufacturer's unique ID number on the sets, and other such documents. The report in prescribed form shall be in both hard and soft copies. Equipment dispatched without such reports to Director, Maharashtra Fire Services will be considered as violation of rate contracts and necessary action will be taken against the vendor as per Terms and Conditions of the contract even to the extent of debarring the vendor from participating in bids for the Government of Maharashtra for a period of one year.

5. INSURANCE

(A) Cost of TO & FRO Transit Insurance of the BA Sets should done by the successful contractor. The Successful Contractor should insure the Delivery of BA set . Full comprehensive insurance to cover the fire & General Risk, while its transportation to the concern purchaser.

B) In case of any damage to BA Sets while in transit from to and fro to respective destination due to accident, theft, riots, strikes or any reasons there of it shall be the vendors responsibility to either process the insurance claims at his

own cost to compensate the purchaser 100% of damage and there shall be no hardship to Govt. purchaser.

6. SPECIFICATIONS AND DRAWINGS

Considering the Specifications, the drawings / leaflets / broachers should be submitted by the contractor at the time of submission of tender, Director, Maharashtra Fire Services or his representatives may suggest modifications to the drawings. However modified drawing should be submitted by the contractors within 3 days from the suggestion/discussion. Delay in submission of such drawings will be on account of contractor, OFFICE OF THE DIRECTOR, MFS will not be responsible for such delay. To ascertain the quality of the product the committee may demand for the sample of any or all items as mentioned in the Annexure - A

7. DEVIATIONS FROM SPECIFICATIONS

If any deviations from the above specifications are desired. The tender shall clearly state all such deviations while submitting his offer. Due consideration will be given to any special device of an attachment offered by The Bidder which is calculated to enhance the general utility of the BA Sets

8. WORKMANSHIP AND MATERIAL

Workmanship executed shall be of high order. All rivets and belts - holes shall be drilled (not punched) and fitted with well fittings. All joints shall have a coat of approved paint on both surfaces before reverting or bolting or welding, or binding. All steel screws, bolts, nuts, rivets, etc. Shall be zinc coated or rust proofed by recognized process. All directions and instructions (oral or in writing) on all points relative to the mode or manner of carrying out the works or as to the nature and quality of materials used or workmanship executed whenever given by the Director, Maharashtra Fire Services shall be received and complied with

by the successful tenderer.

9. DELIVERY AND DELIVERY DOCUMENTS

After completion of work, free delivery of the BA set / BA Compressor should be given at the concerned ULBs / SPAs Fire Stations in `the State of Maharashtra, or as per the instructions of Purchaser without any extra cost for transportation. Delivery period should be as specified in the tender.

The successful vendor should intimate the respective Purchaser through email, telex/fax, telephone and or any other mode of communication. The details of the sets which will be delivered at the respective fire stations. These details include.

1. Product Number, if any

2. Transit Insurance policy number

3. Any other invoice particular of the BA Sets

10. BREACH OF CONTRACT

If any of the terms and conditions of this Tender Document or the Contract are violated or if the BA Sets supplied by the Vendor do not meet specified standards or fail the acceptance test, the event shall amount to the breach of contract. In such an event, the Vendor shall be given a time of 30 days to cure the breach and if the breach remains uncured even after the cure period of 30 days, the Purchaser may at its discretion terminate this Contract without assigning any reason thereof. In the event that the Purchaser terminates this Contract, without prejudice to any other remedy available to the Purchaser under this Contract or under any law, the Purchaser shall be entitled to invoke the Security Deposit and forfeit the amount as well as proceed for any other appropriate action. The Vendor shall indemnify the Purchaser of all the losses directly or indirectly occurring to the Purchaser from such breach. In case if the defect related to the equipment is cured by the Vendor during the cure period, the equipment will be accepted by the Purchaser only after complete commission and satisfactory functioning of equipment for a minimum period of 90 days. The

warranty period will commence only on acceptance (based on acceptance test) of equipment by the respective purchaser.

11. WORKSHOP FOR AFTER SALES SERVICE :

The successful agency should have the workshop to give after sales service in India, and shall be responsible to give free service for the period of 3 years as per the maintenance schedule. The agency should defined the after sales facility available in Maharashtra with due documentary evidences.

12. LIQUIDATED DAMAGES FOR DELAYED SUPPLY

If the vendor fails to deliver any or all of the equipment/product or does not perform the Services within the time period(s) specified in the Contract, the Purchaser shall, without prejudice to its other remedies under the Contract, deduct from the Payable Amount, as liquidated damages, a sum equivalent to one percent of the price of the undelivered goods at the stipulated rate for each week or part thereof during which the delivery of such goods may be delayed subject to a maximum limit of 20% of the stipulated price of the goods so undelivered. Such penalty is to be deducted always by the Purchaser from the bill of the firm.

Once the maximum of the damages above is reached, the Purchaser will forfeit the bank guarantee and may consider termination of the Contract. The Purchaser may agree to take another bank guarantee of the 20% of the contract value and give further extension.

13. TERMINATION FOR DEFAULT

The purchaser may, without prejudice to any other remedy for breach of contract, by one week written notice of default sent to the Vendor, terminate the contract in whole or part:

a) If the vendor fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof granted by the purchaser or

b) Serious discrepancy in supply of Goods, or its certification is noticed during the contract period.

c) Breach by the tenders of any of the terms and conditions of the tender.

d) If the Vendor goes in to liquidation voluntarily or otherwise.

f) If the vendor fails to perform any other obligation(s) under the contract.

g) If the vendor, in the judgment of the purchaser has engaged in corrupt or fraudulent practices in competing for or in executing the contract.

Upon termination, the Purchaser shall compensate the Vendor to the extent of works completed by the Purchaser provided that the Purchaser shall be entitled to deduct from such compensation, an amount equivalent to the losses caused to the Purchaser, any amount due from the Vendor as on the date of termination, all the damages caused to the Purchaser, etc.

14. TERMINATION OF INSOLVENCY

The purchaser may at any time terminate the contract by giving written notice to the vendor, if the vendor becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the vendor, provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the purchaser.

15. FORCE MAJEURE

“Force Majeure” means an exceptional event or circumstance:

a. which is beyond a vendors control,

b. which such vendors could not reasonably have provided against before entering into the Contract,

c. which, having arisen, such Party could not reasonably have avoided or overcome, and

d. which is not substantially attributable to the other Party.

“Force Majeure shall mean the following exceptional events or circumstances, so long as conditions (a) to (d) above are satisfied:

i. war, hostilities (whether war be declared or not), invasion, act of foreign enemies,

ii. rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war,

iii. riot, commotion, disorder, strike or lockout by persons other than the Contractor’s Personnel and other employees of the Contractor and Sub- contractors,

iv. weapons of war, explosive materials, ionizing radiation or contamination by radio-activity, except as may be attributable to the Contractor’s use of such munitions, explosives, radiation or radioactivity, and

v. Natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.

If the Vendor is or will be prevented from performing any of its obligations under the Contract by Force Majeure, then it shall give a written notice to the other Purchaser of the event or circumstances constituting the Force Majeure and shall specify the obligations, the performance of which is or will be prevented. The notice shall be given within 14 days after the Vendor became aware, or should have become aware, of the relevant event or circumstance constituting Force Majeure.

The Vendor shall, having given notice, be excused performance of such obligations for so long as such Force Majeure prevents it from performing them. Notwithstanding any other provision of this Clause, Force Majeure

shall not apply to obligations of the Vendor to make payments if any to the Purchaser under the Contract.

The Vendor shall at all times use all reasonable endeavors to minimize any delay in the performance of the Contract as a result of Force Majeure. It shall be the duty of the Vendor to give a written notice to the Purchaser as soon as it ceases to be affected by the Force Majeure.

The vendor shall not be liable for forfeiture of its performance security, penalty or termination for default, if and to the extent that, its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.

16. ORDER CANCELLATION

The Purchaser reserve the right to cancel the order in the event of one or more of the following circumstances:

 Serious discrepancy noticed during the pre-dispatch inspection, if any.

 Delay in delivery and installation beyond a period mentioned in the purchase order.

 Breach by the venders of any of the terms and conditions of the tender.

 If the Vendor goes into liquidation voluntarily or otherwise.

In addition to the cancellation of purchase order, the Purchaser reserves the right to forfeit the performance guarantee submitted to the Purchaser (in form of Bank guarantee) by the Vendor.

17. RISK PURCHASE

In case the Vendor fails to deliver the quantity as stipulated in the delivery schedule, the Purchaser reserves the right to procure the same or similar materials from alternate sources at the risk, cost and responsibility of the successful Vendor.

18. PAYMENT TERMS:

The cost of work carried out by the contractor shall be treated as inclusive of all taxes, duties and incidental charges and inclusive the cost of transportation and storage etc. The part payment shall be released as under:-

The cost of work carried out by the Vendor shall be treated as inclusive of all taxes, duties and incidental charges and inclusive of the cost of transportation and storage etc. The part payment shall be released as under:-

a) Payment shall be made 100% against the delivery. However an amount of 5% Bank Guarantee against the order placed by the purchaser for that respective quantity shall be kept with the purchaser for defect liability till the warranted period i.e. for the period of 2 years.

b) The Bank Guarantee be released after NOC in respect to satisfactory performance of vehicle submitted by Purchaser in the state of Maharashtra or any officer authorized by the Director, MFS

The contractor will not be entitled to claim or make any payment against the proof of dispatch or part delivery of any item. No payment against railway or goods transport receipt through Bank will be entertained. Director, Maharashtra Fire Services will not be responsible for any delay due to loss of time in transit and the contractor will be liable to pay compensation due to late completion of work as per terms of contract.

The successful bidder will have to comply with the conditions given in the attached tender form and will have to enter into contract agreement form for the supply work as given in the form.

Payments shall be subject to any deductions (such as TDS etc.,) of any amount, for which the bidder is liable under the agreement against the Tender.

19. WARRANTY :-

The complete structure & equipments provided and erected on the BA Sets / BA Compressor under this contract shall be subject to an overall performance warrantee for a period of 24 months from the date of delivery of BA / BA Compressor Sets to the destination as prescribed. On satisfactory expiry of the guarantee period the security deposit paid by the Bidder shall be released.

The successful vendor shall be responsible for the maintenance of the BA Sets or damages to BA set due to bad workmanship or of any inferior material, accessories, apparatuses etc. The opinion of Director, Maharashtra Fire Services for the quality of workmanship and proper finish etc. shall be final.

To avoid hampering of the services the successful vendors shall be responsible to attend any call for manufacturing or any defect in the BA set , within 48 hours however; maintenance should be carried out on Top Priority i.e. within 7 days failing which the Security Deposit shall be forfeited and action deemed fit will be initiated by the Director MFS.

The warranty should cover the following:-

a) The Complaint for any defect in BA Set should be attended within 48 Hours, failing which a replacement should be given till the set is repaired. The required maintenance should be carried out on Top Priority i.e. within 7 days

b) The Vendor is expected to promptly attend the equipment as above. In order to provide an efficient service the Vendor must obtain the name, address, phone number & other contact details of the person in possession of the equipment. He will be required to keep this list up-to date at all times.

c) The Vendor will obtain written acknowledgment from the above person after each time the equipment is serviced. Such receipts will have to be produced to get the sign off for successful completion of the warranty period.

d) REPEATED FAILURE

If, during the warranty period, any equipment has any failure on two or more occasions, it shall be replaced by equivalent new equipment by the Vendor at no cost to the purchaser.

20. FREE MAINTENANCE SCHEDULE

Free maintenance should be done after 6 months at the concerned fire station premises. Contractor should abide the free maintenance schedule, the maintenance should be done at the Concerned Fire Station Premises where the BA Sets is delivered. Successful contractor should send the qualified technical person to carry out the following maintenance. Consumables may be charged extra.

6 months free maintenance schedule

21. Onsite Training :- Training Schedule & Module, should be submitted by the vendor for actual care , maintenance , proper use & storage , Minimum 2 days on site training or at Maharashtra Fire Academy, Mumbai, should be given to the actual users. Users will be nominated by the purchaser.

22. PENALTY FOR DOWNTIME

Any equipment that is reported to be down should be either fully repaired or replaced by the Vendor with temporary substitute within 7 day (inclusive of Public

Holidays). The reporting will be through a telephonic message or any other mode as the Purchaser may decide.

In case Vendor fails to meet the above standards of maintenance, there will be a penalty of Rs. 500 per day.

In case the set is not repaired within a period of another 48 hours, the penalty will be charged at 5 (Five) times of the penalty shown above.

The temporary substitute machine or equipment should be replaced by the original machine or equipment duly repaired within 7 days , failing which the above penalty will be imposed for the number of days exceeding one week. These penalty charges will be deducted from the performance guarantee.

23. PROTECTION AGAINST RISK OF OBSOLESCENCE

Vendor will make available the spare parts for the systems available for a minimum period of ten years from the date of the delivering of items prescribed under the RC. Such as face mask, LDR, Manifold, Exhaling valves, warning whistle,

24. INDEMNITY

The Vendor shall indemnify, defend and hold harmless the Purchaser and its respective officers, directors, employees, representatives and agents (“Indemnified Parties”), from and against any and all suits, actions, liabilities, legal proceedings, claims, demands, losses, costs and expenses of whatsoever kind or character, including without limitation, reasonable attorneys’ fees and expenses, for injury or death of third parties or loss of or damage to property of third parties or any other loss or damage caused to the Indemnified Parties, whether direct or indirect, arising as a result of or in connection with (i) any failure on the part of the Vendor to perform its obligations under the Contract or the Tender Document, (ii) any breach on the part of the Purchaser of terms,

conditions, representations or warranties under the Contract or the Tender Document, (iii) any negligent acts or omissions or willful misconduct by the Vendor or anyone acting on Vendor’s behalf or (iv) any violations of safety procedures, prescribed by the Purchaser or any Law or any Government Authority, by the Vendor or its employees, agents, representatives or independent contractors or (v) any faulty vehicle, goods or services provided by the Vendor (vi) any infringement of any patent, trademarks, copyrights or any other Intellectual Property Rights or statutory infringements in respect of all the products supplied by the Vendor.

25. PUBLICITY

Any publicity by the Vendor in which the name of the Purchaser and/or Purchaser is to be used should be done only with the explicit written permission of the Purchaser.

26. SUBCONTRACTING AND ASSIGNMENT

The Vendor shall, without the prior written consent of the Purchaser, neither subcontract nor assign whole or any part of its obligation under this Contract.

27. RELATIONSHIP WITH THE PURCHASER

The relationship between the Vendor and the Purchaser is strictly contractual in nature and no condition under the Tender Document or the Contract shall lead to the inference of a relationship in the nature of an Employer and an Employee. It is further agreed that the Purchaser shall, under no circumstances, have any relationship of whatsoever nature with the employees, directors, representatives, etc. of the Vendor and shall not be liable in any way to them.

28. RESTRICTIONS OF THE RATE CONTRACT

The Vendor warrants that the price at which he has agreed to provide its goods and services to the Purchaser under the Contract is the lowest price and this lowest price quoted by the Vendor shall become the Rate Contract price. The Vendor warrants that he shall not quote a price below the Rate Contract, for goods and services of similar specification, to procure any other Government Tender. The Vendor also warrants that he shall abide by the guidelines for Rate Contract. If the Vendor violates the terms of this Clause of the Rate Contract, he shall be barred from participating in any future Bidding Process of any Government and the Purchaser if it thinks fit shall proceed to terminate the such default Contractor without any compensation to the Vendor. The Purchaser shall also forfeit the Security Deposit.

The decision in this matter of The Director, MFS shall be final.

29. RESOLUTION OF DISPUTES

The Purchaser and the Vendor shall make every effort to resolve amicably, by direct informal negotiation, any disagreement or dispute arising between them under or in connection with the contract.

If after thirty days from the commencement of such informal negotiations, the Purchaser and the Vendor have been unable to resolve amicably a contract dispute, either party may require that the dispute be referred for resolution to the Director, MFS Government of Maharashtra.

All questions, disputes or differences arising under and out of, or in connection with the contract, shall be referred to the Director, MFS Government of Maharashtra. In the case of non acceptance of the decision given by the Director, MFS Government of Maharashtra then the matter will be referred to the Secretary UD-2, Government of Maharashtra whose decision will be final and binding on both the parties.

30. LEGAL JURISDICTION

This Contract and the Tender shall be governed by the laws of India and all the disputes arising out of or related to this Tender or the Contract shall be subjected to the jurisdiction of the appropriate courts at Mumbai only.

* * * * * * * * *

Annexure- B

Detailed Technical specification of Self contained Breathing Apparatus sets (SCBA)

(BIS approval as per IS 10245 Part II and the Full Face Mask approved to IS 14166:1994)

NAME OF WORK: Supply of Self contained Breathing Apparatus sets (with 6.8 ltrs. x 300 bar Steel Cylinder) – 45 mnts. Duration with spare Steel cylinder, tool kit, carrying case for the use of fire services. It should have BIS approval as per IS 10245 Part II Type V, and the Full Face Mask approved to IS 14166:1994.

DETAILED TECHNICAL SPECIFICATION FOR SELF CONTAINED BREATHING APPARATUS SETS OF 45 MINUTES DURATION WITH STEEL CYLINDER , FRP CARRYING CASE, TOOL KIT & SPARE CYLINDER

Technical Specification for High Pressure Breathing Air Compressor for refilling/recharging Self Contained Breathing Apparatus Air Cylinders of 300 Bar Pressure Rating, for the use of Fire Services in Maharashtra.

As the Self Contained Breathing Apparatus sets for use of Fire Services in Maharashtra, so as to meet out that standards the compressor should be high pressure air cooled Breathing Air Compressor used for refilling/recharging of air cylinders at a pressure of not less than 300 bar. The compressor should be of a multi-stage unit with air delivery in the range of 225 to 250 liters per minute for standard filling norms of 0 to 200 bar. The compressor shall be ready to plug in and should come with a cable, plug and selector switch for easy direction of rotation control. The Compressor shall be an enclosed type with steeled frame with carrying handles with low noise level canopy. The machine shall come with special features of no noise level canopy, auto stop, auto drain, low oil and high temperature Protection, Reverse rotation protection. The frame should have adequate mounting for a absorbing vibrations. The weight of the compressor shall be preferably less than 100 kg. The compressor should be provided with air intake filter, inter coolers, after cooler and safety valve.

Detailed specifications will be as follows:-

Ambient Temperature : +5 to + 50 degree C

Capacity per minute : 225 to 250 liters.

Operating pressure : not less than 300 bar

Prime Mover Suitable for 3 Phase Electric motor, 400 V, within 6 kw, 50 Hz

Filling Hoses : 2 Hoses

Enclosures : Shall be within steel frame with carrying handles,

with low noise level canopy.

Noise level : Shall have less than 90 db at 1 m distance

Air quality : As per DIN 3188 / EN 12021 standard.

Control Panel : The compressor should have following features on

the control panel:

 Start & Stop switches

 Emergency stop switch

 Phase control switch, to prevent reverse rotation

 Inter stage pressure Gauge

 Final Pressure Gauge

 Pressure switch to set filling pressure and for automatic stop so that compressor stops when cylinder filled to desire pressure.

 Hour Meter to show how many hours compressor has run.

 Low oil protection to indicate if oil level in the compressor low. Compressor should shut down / not start if oil level is low.

 High Temperature Protection to shut down the compressor if temperature inside increase beyond set limit.

 Compressor should have suitable facility for automatic condensate drain / discharge which should be collected in a tank for pollution free discharge.

 Compressor System:

The compressor will be multi stage air cooled high pressure compressor with inter cooled between stages and after cooled after final stage, safety valve etc. The air should be sucked in, via a suction filter to remove dust particles in air and then it should be compressed in the compressor. After compression, the moisture should be separated and air should be filtered in the main filter cartridge to remove all impurities to make it suitable for breathing. The complete unit will be mounted inside an enclosed canopy for very low sound level as mentioned above.

 Tool Kit/Oil and operating instructions:

Necessary tool kit for compressor along with first of oil and operating manual should be supplied with the compressor.

 Spare parts/consumables

The supplier to provide 2 suction filter elements, 2 main filter cartridges and one oil refill along with the compressor.

 Warranty

Compressor should be supplied with warranty against manufacturing defects for 24 months from the date of commissioning.

 Commissioning support

The compressor should provide free commissioning at site and should train the operators on use and operation of compressor, trouble shooting and normal maintenance of the compressor. The supplier will be responsible for free checkups at regular intervals of the machine during the warranty period. Post warranty period, the supplier will have to provide after sale service of all types and maintenance of the machine after execution of an annual maintenance contract with the Directorate MFS. The supplier shall have to submit a test certificate from the competent authority/authorized agency about the functioning and performance of the compressor.

Annexure – A

**PRICE SCHEDULE (PS)

NAME OF WORK: Supply of Self contained Breathing Apparatus sets

(6.8 ltrs. X 300 bar steel cylinder) – 45 mnts. Duration with spare Steel cylinder, tool kit, carrying case for the use of fire services. It should have BIS approval as per IS 10245 Part II , Type V, and the Full Face Mask approved to IS 14166:1994

( To ascertain the quality of the product the committee may demand for the sample of any or all items as mentioned above.)

Rs._ _

1. * Rates should be quoted inclusive of all taxes, duties, such as CST, MST, Excise Duty, Work Contract Tax, Service Tax, Insurance, charges for inspection & testing , and any other incidental charges there off .

2. Octroi / LBT / cess on entry if any will be extra and at actuals, Payment will be made by “Purchaser”

3. No Extra claim will be entertained for the Escalation of price due to any taxes or import duties imposed by the Govt.

4. If, Octroi / LBT / Cess on entry, are applicable or insisted by the purchaser , the initial payment of such taxes duties should be done by the supplier, However the same should be reimbursed by the purchaser.

5. IMPORTANT: - The purchaser is free to purchase any single specific item or all the items specified in the schedule mentioned in Annexure – Schedule of Rates..Hence rates of every individual Item is essential.

Annexure – A (i)

: Supply of High pressure Breathing Air Compressor – 3 phase Electric, 225-250 LPM Flow with two filling hose each for 300 bar pressure.

( To ascertain the quality of the product the committee may demand for the sample of any or all items as mentioned above.)

Rs._ _

1. * Rates should be quoted inclusive of all taxes, duties, such as CST, MST, Excise Duty, Work Contract Tax, Service Tax, Insurance, charges for inspection & testing , and any other incidental charges there off .

4. Octroi / LBT / cess on entry if any will be extra and at actuals, Payment will be made by “Purchaser”

5. No Extra claim will be entertained for the Escalation of price due to any taxes or import duties imposed by the Govt.

6. If, Octroi / LBT / Cess on entry, are applicable or insisted by the purchaser , the initial payment of such taxes duties should be done by the supplier, However the same should be reimbursed by the purchaser.

7. IMPORTANT: - The purchaser is free to purchase any single specific item or all the items specified in the schedule mentioned in Annexure – Schedule of Rates..Hence rates of every individual Item is essential.

Annexure – B

TENDER OFFER FORM (TOF)

Tender Reference No.: Date: 2014

To: (Name and address of purchaser) Gentlemen:

Having examined the tender documents including all annexure the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver

(Description of goods and Services) in conformity with the said tender documents.

We undertake, if our tender offer is accepted, to commence delivery within (Number) days and to complete delivery of all the items and perform incidental and supervisory services as specified in the Contract within (Number) days calculated from the date of receipt of your Notification of Award / Letter of Intent.

If our tender offer is accepted we will obtain the guarantee of bank for a sum of Rs. 12,00,000 (Rupees Twelve Lakhs only) for the due performance of the Contract.

We agree to abide by this tender offer till DD/MM/YY and shall remain binding upon us and may be accepted at any time before the expiration of that period.

Until a formal contract is prepared and executed, this tender offer, together with your written acceptance thereof and your notification of award shall constitute a binding contract between us on terms and conditions as mentioned under the Tender Document.

We understand that you are not bound to accept the lowest or any offer you may receive.

Dated this day of 2014

Signature:

(In the Capacity of: )

Duly authorized to sign the tender offer for and on behalf of

Annexure C – Prequalification Compliance Form

Annexure D - DETAILS OF BIDDER

Details filled in this form must be accompanied by sufficient documentary evidence, in order to verify the correctness of the information.

Annexure – E

Satisfactory Performance Certifications

Annexure - F

Declaration towards the production capacity

A declaration on the letterhead of the Company signed by the authorized signatory needs to be submitted mentioning the annual production capacity of Self contained positive pressure open circuit BA sets As per IS- 10245 Part - II.

Annexure –G

Annual sales Turnover calculation

(On Applicant’s Statutory Auditor’s letterhead)

Date:

This is to certify that we M/s--------------------- are the statutory Auditors of M/s-----------

and that the below mentioned calculations are true as per the Audited Financial Statements of M/s for the below mentioned years.

Annexure – H

Quality / Test Certifications

Annexure – I

Approach and Methodology

Please provide the following details

Annexure J –

SECURITY DEPOSIT CUM PERFORMANCE GUARANTEE FORM

(Bank Guarantee)

(To be issued by a Bank as specified in the Tender Document)

REF …………… Bank Guarantee No. …………………

Date

To,

Director,

Maharashtra Fire Services, Government of Maharashtra.

Dear Sir,

In consideration of Government of Maharashtra (which expression shall hereinafter be referred to as “the Purchaser” and shall include Director, Maharashtra Fire Services, Government of Maharashtra, Urban Local Bodies, Special Planning Authorities and State Government Undertakings, Enterprises, Organizations or Companies, their successors and assigns), having agreed, inter alia, to accept the offer of

……………………………………. having its registered office at

………………………………………………… (hereinafter referred to as “Vendor” which expression shall include its respective successors and assigns) to supply (Description of the Goods and Services) for the purpose of and more particularly delivering on time the Goods and Services mentioned in the Contract dated

…………. and Tender Document dated and in order to secure the due

performance of the obligations of the Vendor under the Contract and Tender

Documents, we the …… …… …… …… …… …… …… ……. ……. ……. …… …… …

….. Bank having our Head Office at ………………………………….. (hereinafter called as the “Bank”, which expression shall include our successors and assigns) so as to bind ourselves, our successors and assigns, do at the instance of the Purchaser, hereby unconditionally irrevocably and without demure undertake to pay as primary obligor and not as surety only to the Purchaser forthwith at …………………… on first demand in writing by the Director, Maharashtra Fire Services, Government of Maharashtra (“the Director”).

We, the Bank, do hereby unconditionally and irrevocably undertake to pay forthwith (and in any event within three days) the amounts due and payable under this Guarantee without any demur merely on a written demand from the Director stating that the amount claimed has become due. Any such demand made on the Bank by Director shall be conclusive as regards the Vendor not performing and adhering to its obligations under the Contract and/or Tender Document. However, the Bank’s liability under this Guarantee shall be restricted to an amount not exceeding Rs.15,00,000/- (Rupees Fifteen Lakhs Only).

We, the Bank unconditionally undertake to pay to the Purchaser any money to the extent of what is the subject matter of this Guarantee, so demanded under this Guarantee notwithstanding any dispute or disputes raised by Vendor or any of them including in any suit or proceedings pending before any court or tribunal relating thereto or any instructions or purported instructions by Vendor to the Bank not to pay or for any cause to withhold or defer payment to the Purchaser/Director under this Guarantee, the Bank’s liability under this Guarantee being absolute and unequivocal.

This Guarantee shall be irrevocable and shall remain valid upto … /.. ./ (hereinafter

called ‘the End Date’). If any further extension of this Guarantee is required, the same shall be extended to such period.

We, the Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty without the Bank’s consent and without affecting in any manner the Banks obligations hereunder to vary any of the terms and conditions of the Contract and Tender Documents or to extend or postpone the time of performance by the Vendor from time to time or postpone for any time or from time to time any of the powers exercisable by the Purchaser/Director against the Vendor and to enforce or to forebear from enforcing any of the terms and conditions relating to the above referred Contract and Tender Document and the Bank shall not be relieved from its liability by reason of any such variation or extension being granted to the Vendor or any fore aberrance, act or omission on the part of or any indulgence given by the Vendor or by any such matter or thing whatsoever which under the law relating to securities would, but for this provision, have the effect of so relieving the Bank.

To give full effect to the obligations herein contained, the Purchaser shall be entitled to act against the Bank as primary obligor in respect of all claims arising out of this Guarantee and it shall not be necessary for Purchaser to proceed against the Vendor before proceeding against the Bank under this Guarantee and the Guarantee herein contained shall be enforceable against the Bank as principal obligor.

This Guarantee shall not be discharged or affected in any way by the liquidation or winding up or dissolution or change of constitution or insolvency of the Vendor or any change in the legal constitution of the Bank or the Purchaser.

We, the Bank lastly undertake not to revoke this Guarantee during its currency except with the previous consent of the Purchaser in writing.

Notwithstanding anything contained herein:

Our liability under this Bank Guarantee shall not exceed Rs. 15,00,000/- (Rupees Fifteen Lakhs only). This Bank Guarantee shall be valid upto …/…/……

We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if you serve upon us written claim or demand on or before the End date.

In witness whereof of the Bank, through its authorized officer, has set it’s hand and stamp on this ….. day of ……. at Mumbai

Witness

1. Signature

2. Name

3. Designation with Bank

Stamp Date

Annexure K– CERTIFICATE OF COMPLIANCE

CERTIFIED that I / we,

have read and understood the contents of the tender documents completely and will comply to the same. No issue will be raised by us in respect of the points already clarified in the text of the tender.

Annexure M – UNDERTAKING

I/We hereby declare that in the formation of our company, either by way of partnerships or consultant, no Director, MFS’s office Ex-Employees has been an enrollment of the company.

It is further certify that the ex-employee of Director, MFS’s office who has joined the company has completed 2 years from his date of resignation from Director, MFS’s office or from date of retirement from Director, MFS’s office.

Annexure M –

DEFECT LIABILITY (As per clause no. 18 {a} of T &C)

The defect liability period is of 24 months from the date of delivery of the BA Sets. 5 % of the tender cost will be kept with respective Purchaser towards defect liability. It will be released after the completion of Warrantee period of 2 years from the date of supply.

DATE :

PLACE : Signature of the Manufacturers

Annexure - N INFORMATION ABOUT ANNEXURES

Following Statements must be completed, filled-in by the contractor, in full without which

1. Important Directives ANNEXURE ‘O’

2. Schedule of make of the material items ANNEXURE ‘P’

3. List of important works carried out/ works ANNEXURE ‘Q’

under execution by the contractor

4. Break up of prices for main items. ANNEXURE ‘R’

5. Technical Compliance sheet ANNEXURE ‘S’

6. Self Declaration ANNEXURE – ‘T’

7. Statement of important deviation from OFFICE OF

THE Director, MFS requirements, if any ANNEXURE – ‘U’

ANNEXURE- “O” IMPORTANT DIRECTIVES

METHOD FOR SUBMISSION OF TENDER FORM:

The two bids system ( 3 envelop ) shall be followed; means offers shall have

a) Tender Fees b) EMD c) Technical Bid and d) Commercial Bid separately in separate sealed envelopes superscripted as Technical and Commercial Offers respectively. The Demand Drafts of EMD & Tender Document Fees should be submitted in separate envelops. However, all these envelops may be put in another larger envelope, sealed and superscripted with the Tender Reference Number and Name of Bidder.

The sealed envelopes must be super-scribed with the following information:-

 Type of Offer (Technical or Commercial)

 Tender Reference Number

 Name of Bidder

WARRANTY :-

The complete structure & equipments provided and erected on the BA Sets under this contract shall be subject to an overall performance warrantee for a period of 24 months from the date of delivery of BA Sets to the destination as prescribed. On satisfactory expiry of the guarantee period the security deposit paid by the Bidder shall be released.

INSPECTION OF THE COMPLETE BA Set:-

The Vendor will have to submit in detailed Quality Control Procedures and standards adopted in the manufacturing process.

The vendor shall provide all necessary certifications and documents of the product including import document for cross verification

Though these sets are certified as per the relevant standards as mentioned in this tender document, to ascertain the quality, Initial one time Inspection and

acceptance testing will be done at vendors manufacturing facility at the country of origin, for Initial Inspection and Acceptance test,

A team of 5 members authorized by the Director, MFS will visit the manufacturers facility for inspection of suit . The tests will involve use of fire suit with trouble free operation as specified in respective standards. There should not be any additional charges payable by the purchaser for carrying out this acceptance test. The cost of inspection and testing including lodging –boarding, To & Fro Journey from Mumbai to the Manufacturers factory at the country of origin, should be borne by the bidders. Thereafter, for any purchase Director, MFS also reserve the right for random inspection of fire suits for any consignment ordered by any individual purchaser.

ACCEPTANCE TEST AT THE LEVEL OF INDIVIDUAL PURCHASER ;

On arrival of the BA sets at destination the purchaser or its representative shall have the right to inspect and / or test the equipment to confirm their conformity to the contract. If the equipment or its performance is not as per specified conditions, the vendor shall take immediate remedial steps to satisfy the purchaser's representative

The vendor shall, formally report to the Director, Maharashtra Fire Services the details including purchase order, corresponding number of Fire suits, manufacturer's unique ID number on the sets, and other such documents. The report in prescribed form shall be in both hard and soft copies. Equipment dispatched without such reports to Director, Maharashtra Fire Services will be considered as violation of rate contracts and necessary action will be taken against the vendor as per Terms and Conditions of the contract even to the extent of debarring the vendor from participating in bids for the Government of Maharashtra for a period of one year.

DELIVERY PERIOD: - (3 months). :- Irrespective of number of BA sets, each consignment of the order has to be completed within 3 months from the date of supply order,

COMPENSATION FOR DELAY ( PENALTY)

Irrespective of number of BA sets, each consignment of the order has to be completed within 4 months from the date of supply order. The contractor should intimate about the delivery schedule to the respective Purchaser, through email, telex/fax, telephone and or any other mode of communication.

In case Vendor fails to meet the above delivery schedule / period, compensation for delay in completion of contract agreement will be recovered at the rate of Rs.1000/-per day / per order, up to a period of first 15 days of delay, if the delay is more than 15 days it shall be Rs. 2000/- per day, subject to a maximum limit of 20% of the stipulated price of the goods

PAYMENT TERMS:

The cost of work carried out by the contractor shall be treated as inclusive of all taxes, duties and incidental charges and inclusive the cost of transportation and storage etc. The part payment shall be released as under:-

The cost of work carried out by the Vendor shall be treated as inclusive of all taxes, duties and incidental charges and inclusive of the cost of transportation and storage etc. The part payment shall be released as under:-

c) Payment shall be made 100% against the delivery. However an amount of 5% Bank Guarantee against the order placed by the purchaser for that respective quantity shall be kept with the purchaser till the warranted period

i.e. for the period of 2 years.

The Bank Guarantee be released after NOC in respect to satisfactory performance submitted by Purchaser in the state of Maharashtra or any officer authorized by the Director, MFS

MOST IMPORTANT :- Annexure - A **PRICE SCHEDULE (PS) ON PAGE NO. SHOULD BE SUBMITTED IN SEPARATE ENVELOP NO. –III

ANNEXURE P: MAKES OF MATERIALS

Contractor should clearly specify the make & Standards for the following

 Makes of the material, Model no. should be clearly specified for COMPLETE BA Sets.

ANNEXURE - Q

List of important works carried out / works under Execution by the contractor

ANNEXURE – R

BREAK UP OF PRICES (PER UNIT) FOR MAIN ITEMS ONLY

This is to be submitted on letter head of company along with the Tender in ENVELOPE-III (Commercial Offer) alongwith Annexure – A (i) , (PS)

15. Final prices quoted to OFFICE OF THE DIRECTOR,MFS.

(in words:- )

ANNEXURE S:

Technical Compliance Sheet

This Technical compliance sheet should be submitted by the bidder along with Technical bid in the Technical Bid Envelope

ANNEXURE T – SELF DECLARATION

(Declaration on Stamp Paper) Tender Reference Number Date:-

To, Director,

Maharashtra Fire Services, Government of Maharashtra

In response to the tender No. dated of Ref.

------ as an owner/Partner/Director of-----------------------------. I/We hereby declare that

our Company/ Partnership Firm/ Organization is

having unblemished past record and has not faced compensation claims due to sub- standard workmanship or has not met with legal suit from the Govt. or the Semi-Govt. depts. or has not been penalized in Govt. dept..

I/ We understand that suppressing of any information would lead to prosecution under the relevant acts. I/We also understand that Maharashtra Fire Services, Maharashtra can take appropriate action if incorrect or incomplete information regarding the same is provided by us which may lead to rejection of our bid or appropriate legal proceedings or both.

I/we also understand that I / we will not be eligible to claim reimbursement of expenses, financial damages caused by loss of the contract.

Name of the Tenderer:- Signature:-

Seal of the Organization:-

ANNEXURE – ‘U’

Statement of important deviation from TENDER SPECIFICATION requirements, if any. The deviations may be accepted by the Rate contract committee, if It is suitable and enhancing the quality & performance of the product