diff --git a/AutoPDFconversion.py b/AutoPDFconversion.py new file mode 100644 index 0000000..cd6d020 --- /dev/null +++ b/AutoPDFconversion.py @@ -0,0 +1,94 @@ +import os +import shutil +from PyPDF2 import PdfFileReader, PdfFileWriter +import PyPDF2 + +def split_pdf(input_path, output_directory, chunk_size): + # Create output directory if it doesn't exist + if not os.path.exists(output_directory): + os.makedirs(output_directory) + + # Iterate over files in the input directory + for filename in os.listdir(input_path): + if filename.endswith(".pdf"): + file_path = os.path.join(input_path, filename) + + # Read the input PDF file + with open(file_path, 'rb') as input_file: + pdf = PdfFileReader(input_file) + + # Determine the total number of pages in the PDF + total_pages = pdf.getNumPages() + + # Calculate the number of chunks + num_chunks = total_pages // chunk_size + if total_pages % chunk_size != 0: + num_chunks += 1 + + # Split the PDF into chunks + for i in range(num_chunks): + start_page = i * chunk_size + end_page = min(start_page + chunk_size, total_pages) + + # Create a new PDF writer for each chunk + output_pdf = PdfFileWriter() + + # Extract pages from the input PDF and add them to the chunk + for page in range(start_page, end_page): + output_pdf.addPage(pdf.getPage(page)) + + # Save the chunk to a new PDF file + output_file_path = os.path.join(output_directory, f'{filename}_chunk_{i+1}.pdf') + with open(output_file_path, 'wb') as output_file: + output_pdf.write(output_file) + + print(f'Saved {output_file_path}') + +def convert_pdf_to_txt(input_directory, output_directory): + # Iterate over each PDF file in the input directory + for filename in os.listdir(input_directory): + if filename.endswith(".pdf"): + pdf_path = os.path.join(input_directory, filename) + txt_path = os.path.join(output_directory, os.path.splitext(filename)[0] + ".txt") + + # Convert PDF to TXT + try: + with open(pdf_path, "rb") as pdf_file: + reader = PyPDF2.PdfFileReader(pdf_file) + text = "" + for page_num in range(reader.numPages): + page = reader.getPage(page_num) + text += page.extract_text() + + os.makedirs(os.path.dirname(txt_path), exist_ok=True) + + with open(txt_path, "w", encoding="utf-8") as txt_file: + txt_file.write(text) + + print(f"Successfully converted {filename} to {os.path.basename(txt_path)}") + + except Exception as e: + print(f"Error converting {filename}: {e}") + + +def AutoConvertPDFtotext(input_directory,chunk_size, output_directory): + + # Create a temporary directory for storing the intermediate PDF chunks + temp_directory = 'temp_chunks' + split_pdf(input_directory, temp_directory, chunk_size) + + # Convert the PDF chunks to TXT files + convert_pdf_to_txt(temp_directory, output_directory) + + # Delete the temporary directory + shutil.rmtree(temp_directory) + + + +## Testing ## + + +pdf_dir = "scrap" +doc_dir = "new_scrap" + +AutoConvertPDFtotext(pdf_dir,2,doc_dir) diff --git a/Junk code/PDFConverter.py b/Junk code/PDFConverter.py new file mode 100644 index 0000000..b2542ee --- /dev/null +++ b/Junk code/PDFConverter.py @@ -0,0 +1,108 @@ +import os +from PyPDF2 import PdfFileReader, PdfFileWriter + +def split_pdf(input_path, output_directory, chunk_size): + # Create output directory if it doesn't exist + if not os.path.exists(output_directory): + os.makedirs(output_directory) + + # Iterate over files in the input directory + for filename in os.listdir(input_path): + if filename.endswith(".pdf"): + file_path = os.path.join(input_path, filename) + + # Read the input PDF file + with open(file_path, 'rb') as input_file: + pdf = PdfFileReader(input_file) + + # Determine the total number of pages in the PDF + total_pages = pdf.getNumPages() + + # Calculate the number of chunks + num_chunks = total_pages // chunk_size + if total_pages % chunk_size != 0: + num_chunks += 1 + + # Split the PDF into chunks + for i in range(num_chunks): + start_page = i * chunk_size + end_page = min(start_page + chunk_size, total_pages) + + # Create a new PDF writer for each chunk + output_pdf = PdfFileWriter() + + # Extract pages from the input PDF and add them to the chunk + for page in range(start_page, end_page): + output_pdf.addPage(pdf.getPage(page)) + + # Save the chunk to a new PDF file + output_file_path = os.path.join(output_directory, f'{filename}_chunk_{i+1}.pdf') + with open(output_file_path, 'wb') as output_file: + output_pdf.write(output_file) + + print(f'Saved {output_file_path}') + +# Usage example +input_directory = 'path/to/input_directory' # Replace with the path to your input directory containing PDF files +output_directory = 'path/to/output_directory' # Replace with the desired output directory +chunk_size = 2 + +split_pdf(input_directory, output_directory, chunk_size) + + + + + + +################################## OLD CODE TO CONVERT A SINGLE PDF FILE INTO MULTIPLE TEXT FILES ########################################### + + + + + + +# import os +# from PyPDF2 import PdfFileReader, PdfFileWriter + +# def split_pdf(input_path, output_directory, chunk_size): +# # Create output directory if it doesn't exist +# if not os.path.exists(output_directory): +# os.makedirs(output_directory) + +# # Read the input PDF file +# with open(input_path, 'rb') as input_file: +# pdf = PdfFileReader(input_file) + +# # Determine the total number of pages in the PDF +# total_pages = pdf.getNumPages() + +# # Calculate the number of chunks +# num_chunks = total_pages // chunk_size +# if total_pages % chunk_size != 0: +# num_chunks += 1 + +# # Split the PDF into chunks +# for i in range(num_chunks): +# start_page = i * chunk_size +# end_page = min(start_page + chunk_size, total_pages) + +# # Create a new PDF writer for each chunk +# output_pdf = PdfFileWriter() + +# # Extract pages from the input PDF and add them to the chunk +# for page in range(start_page, end_page): +# output_pdf.addPage(pdf.getPage(page)) + +# # Save the chunk to a new PDF file +# output_file_path = os.path.join(output_directory, f'chunk_{i+1}.pdf') +# with open(output_file_path, 'wb') as output_file: +# output_pdf.write(output_file) + +# print(f'Saved {output_file_path}') + +# # Usage example +# input_path = 'new_scrap\PM-2020.pdf' # Replace with the path to your input PDF file +# output_directory = 'final_scrap/' # Replace with the desired output directory +# chunk_size = 2 + +# split_pdf(input_path, output_directory, chunk_size) diff --git a/Junk code/PDFtotextConverter.py b/Junk code/PDFtotextConverter.py new file mode 100644 index 0000000..23ccc56 --- /dev/null +++ b/Junk code/PDFtotextConverter.py @@ -0,0 +1,33 @@ +import os +import PyPDF2 + +# Set the path to the folder containing the PDF files +pdf_folder = "final_scrap/" + +# Set the path to the folder where you want to store the TXT files +txt_folder = "sad_scrap/" + +# Iterate over each PDF file in the folder +for filename in os.listdir(pdf_folder): + if filename.endswith(".pdf"): + pdf_path = os.path.join(pdf_folder, filename) + txt_path = os.path.join(txt_folder, os.path.splitext(filename)[0] + ".txt") + + # Convert PDF to TXT + try: + with open(pdf_path, "rb") as pdf_file: + reader = PyPDF2.PdfFileReader(pdf_file) + text = "" + for page_num in range(reader.numPages): + page = reader.getPage(page_num) + text += page.extract_text() + + os.makedirs(os.path.dirname(txt_path), exist_ok=True) + + with open(txt_path, "w", encoding="utf-8") as txt_file: + txt_file.write(text) + + print(f"Successfully converted {filename} to {os.path.basename(txt_path)}") + + except Exception as e: + print(f"Error converting {filename}: {e}") diff --git a/PM-2020.pdf b/PM-2020.pdf new file mode 100644 index 0000000..bd5d278 Binary files /dev/null and b/PM-2020.pdf differ diff --git a/__init__.py b/__init__.py new file mode 100644 index 0000000..e69de29 diff --git a/__pycache__/AutoPDFconversion.cpython-310.pyc b/__pycache__/AutoPDFconversion.cpython-310.pyc new file mode 100644 index 0000000..9afe6db Binary files /dev/null and b/__pycache__/AutoPDFconversion.cpython-310.pyc differ diff --git a/__pycache__/answer_generator.cpython-310.pyc b/__pycache__/answer_generator.cpython-310.pyc new file mode 100644 index 0000000..c619d9e Binary files /dev/null and b/__pycache__/answer_generator.cpython-310.pyc differ diff --git a/answer_generator.py b/answer_generator.py new file mode 100644 index 0000000..0c3d7c2 --- /dev/null +++ b/answer_generator.py @@ -0,0 +1,128 @@ +# Using a FIASS document store +from haystack.document_stores import FAISSDocumentStore + +# Load the saved index into a new DocumentStore instance: +# Also, provide `config_path` parameter if you set it when calling the `save()` method: +document_store = FAISSDocumentStore.load(index_path="docstore/my_index.faiss", config_path="docstore/my_config.json") + +# Check if the DocumentStore is loaded correctly +assert document_store.faiss_index_factory_str == "Flat" + + +# Initilazing prompt node from the start to avoid delays later : +from haystack.nodes import PromptNode,PromptTemplate +from haystack.pipelines import Pipeline + +# # Initializing agent and tools +# from haystack.agents import Agent, Tool +# from haystack.agents.base import ToolsManager + + +from haystack.nodes import EmbeddingRetriever +retriever = EmbeddingRetriever( + document_store=document_store, embedding_model="sentence-transformers/multi-qa-mpnet-base-dot-v1" +) +# This embedding retreiver gave the wrong file for "What are the different billing methdos in SD ??" + +# from haystack.nodes import BM25Retriever +# retriever = BM25Retriever(document_store=document_store, top_k=2) + + +# qa_template = PromptTemplate( +# name="Question_and_Answer", +# prompt_text=""" +# You are an AI assistant. Your task is to use the content to give a detailed and easily understandable answer +# Content: {input}\n\n +# Answer: +# """ +# ) + +lfqa_prompt = PromptTemplate( + name="lfqa", + prompt_text="""Synthesize a comprehensive answer from the following text for the given question. + Provide a clear and concise response that summarizes the key points and information presented in the text. + Your answer should be in your own words and be no longer than 50 words. + \n\n Related text: {join(documents)} \n\n Question: {query} \n\n + Final Answer:""", +) + +prompt_node_working = PromptNode("gpt-3.5-turbo", api_key="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", default_prompt_template=lfqa_prompt,model_kwargs={"stream":True}) + +# prompt_node = PromptNode("distilbert-base-cased-distilled-squad",default_prompt_template=lfqa_prompt,model_kwargs={"stream":True}) + +# from haystack.nodes import OpenAIAnswerGenerator +# generator = OpenAIAnswerGenerator(api_key="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") + +# from haystack.pipelines import GenerativeQAPipeline + +# pipeline = GenerativeQAPipeline(generator=generator, retriever=retriever) +# result = pipeline.run(query='How to create a sales order', params={"Retriever": {"top_k": 1}}) + +query_pipeline = Pipeline() +query_pipeline.add_node(component=retriever, name="Retriever", inputs=["Query"]) + +query_pipeline.add_node(component=prompt_node_working, name="prompt_node", inputs=["Retriever"]) + + +## This works perfectly for lfqa, Maybe + + +# Creating a funciton to integrate all this : + +def question_answering_bot(input_question): + answer = query_pipeline.run(query=input_question, params={"Retriever": {"top_k": 3}}) + + # # Assuming 'answer' is a Document object + # response = { + # 'text': answer.text, + # 'start': answer.start, + # 'end': answer.end, + # 'score': answer.score, + # } + # return response + + return answer["results"] + + + +# # Extract the 'content' value from each document +# contents = [doc.content for doc in result['documents']] + +# # Print the contents +# for content in contents: +# print(content) + +# # Extract the 'content' value from each document +# contents = [doc.content for doc in result['documents']] + +# # Join all the content values into a single string +# joined_content = '\n'.join(contents) + +# result = prompt_node.prompt(prompt_template=qa_template, input=joined_content) +# print(result) +# query_pipeline.add_node(component=prompt_node, name="prompt_node", inputs=["Retriever"]) + +# hotpot_questions = [ +# "What are the different billing methods ?" +# ] + + +# for question in hotpot_questions: +# output = query_pipeline.run(query=question) +# print(output["results"]) + + + # while(True): + # input_question = input("Enter the quesiton which you want to ask the bot : ") + # if(input_question=="#"): + # print("thank you ") + # break + # else: + # question_answering_bot(input_question) + + ## Testing llms + + +reply = question_answering_bot("Expalin the policies of performance security bond ?") +print("\n\n\n RESULT\n") +print(reply) diff --git a/audio.wav b/audio.wav new file mode 100644 index 0000000..73b1025 Binary files /dev/null and b/audio.wav differ diff --git a/docstore/my_config.json b/docstore/my_config.json new file mode 100644 index 0000000..da64a57 --- /dev/null +++ b/docstore/my_config.json @@ -0,0 +1 @@ +{"faiss_index_factory_str": "Flat"} \ No newline at end of file diff --git a/docstore/my_index.faiss b/docstore/my_index.faiss new file mode 100644 index 0000000..0111d17 Binary files /dev/null and b/docstore/my_index.faiss differ diff --git a/faiss_document_store.db b/faiss_document_store.db new file mode 100644 index 0000000..eea2e60 Binary files /dev/null and b/faiss_document_store.db differ diff --git a/main.py b/main.py new file mode 100644 index 0000000..ea39767 --- /dev/null +++ b/main.py @@ -0,0 +1,96 @@ +from flask import Flask, request, render_template, jsonify + +# Importing whisper to control audio +import whisper +model = whisper.load_model("base") + +# # Importing the classifier agent to distinguish between commands and question/answering +# from conv2_withagent import CommandClassifier + + +# Importing the question answering bot +from answer_generator import question_answering_bot + + +# # Importing prompt template, Sales order Class and functions for Creating sales order +# from createsalesorder import SalesOrder, Creating_SalesOrder_Step1, Creating_SalesOrder_Step2, Creating_SalesOrder_Step3 + + +app = Flask(__name__) + +# Initialize the list to store question-reply pairs +conversation = [] + +@app.route('/') +def index(): + return render_template('saving.html',conversation=conversation) + +@app.route('/upload-audio', methods=['POST','GET']) +def upload_audio(): + + audio_file = request.files['audio'] + # Save the audio file to a desired location + audio_file.save('audio.wav') + + text_from_audio = model.transcribe("audio.wav") + transcription = text_from_audio["text"] + print(transcription) + + + global transcription_data, reply, conversation + transcription_data = transcription + + response = {} + + + reply = question_answering_bot(transcription_data) + # reply = "test" + + # Assuming the question is stored in the variable 'question' and the reply is stored in the variable 'reply' + conversation.append({'question': transcription_data, 'reply': reply}) + + response['data'] = 'response1' + response['redirect'] = '/Question_Answering' + + + + return jsonify(response) + +@app.route('/submit-input', methods=['POST']) +def submit_input(): + + response = {} + user_input = request.form.get('user_input') + + global transcription_data, reply, conversation + + if user_input: + + # Process the user's text input (e.g., send it to the question answering model, perform actions, etc.) + transcription_data = user_input + + reply = question_answering_bot(transcription_data) + # reply = "test" + + # Assuming the question is stored in the variable 'question' and the reply is stored in the variable 'reply' + conversation.append({'question': transcription_data, 'reply': reply}) + + response['data'] = 'response1' + response['redirect'] = '/Question_Answering' + + return jsonify(response) + + +@app.route('/Question_Answering') +def Question_Answering(): + if(transcription_data==None): + return render_template('saving.html',transcription="Ask me anything") + + + return render_template('saving.html',conversation=conversation) + + + + +if __name__ == '__main__': + app.run() \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_1.txt b/new_scrap/PM-2020.pdf_chunk_1.txt new file mode 100644 index 0000000..0e7d4a4 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_1.txt @@ -0,0 +1,10 @@ + +‘˜‡”‡–‘ˆ †‹ƒ +‹‹•–”›‘ˆ‡ˆ‡…‡ +‡ˆ‡…‡‡•‡ƒ”…ŠƬ‡˜‡Ž‘’‡–”‰ƒ‹•ƒ–‹‘ +‹”‡…–‘”ƒ–‡‘ˆ ‹ƒ…‡Ƭƒ–‡”‹ƒŽƒƒ‰‡‡– +Šƒ™ƒǡ‡™‡ŽŠ‹ǦͳͳͲͲͳͳ +'HIHQFH5 '2UJDQLVDWLRQ '5'2 +3URFXUHPHQW0DQXDO +YN5HIX+N=M+NNMU +$DWPD1LUEKDU%KDUDW \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_10.txt b/new_scrap/PM-2020.pdf_chunk_10.txt new file mode 100644 index 0000000..11883f7 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_10.txt @@ -0,0 +1,78 @@ +5 + 1 Basic Cost + For indigenous contracts: Cost of +procurement excluding all applicable t axes +& duties on the final product. +For import contracts: CIF/CIP +(Destination port) cost, as applicable. +2 Bid An offer made in pursuance of an +invitation by a procuring entity, e.g., +proposal or quotation. +3 Bid Security/ Earnest +Money Deposit (EMD) Security provided to the procuring entity +by bidders for securing the fulfillment of +any obligation in terms of the provisions of +the bidding documents. +4 Bidder + Any person, including a consortium (that is +association of several persons, or firms or +companies), participating in the +procurement process. +5 Bidding Document + Document issued by the Buyer, including +any amendment thereto, that sets out the +terms and conditions of the given +procurement and includes the invitation to +bid. +6 Build -Up Cove rs procurements to support the R&D +activities of the Lab/Estt and maintenance +of infrastructure. +7 Buyer + The President of India acting through the +authority issuing the supply orders or +signing the Contracts/ Memorandum of +Understanding/ Agreements is the Buyer +in all cases of procurement on behalf of +the Government of India. +8 Central Purchase +Organisation An organisation which is authorised by the +Central Government by an order, made on 6 + this behalf, to make procurement for one +or more procuring entities or to enter into +rate contracts or framework agreements +for procurement by other Ministries/ +Department of Govt. of India. +9 Competent Financial +Authority (CFA) + An authority duly empowered by the +Government of India to sanction and +approve expenditure from public accounts +up to a specified limit in terms of amount +of such expenditure and subj ect to +availability of funds. Where financial +powers have been delegated to more than +one authority under the same Serial/Head, +authority with higher delegated financial +powers will constitute the „higher CFA‟. +10 Contract + An agreement, if made with fre e consent +of parties competent to contract, for a +lawful consideration and with a lawful +object, is a contract. +11 e-Procurement It means the use of information and +communication technology (specially the +internet) by the Procuring Entity in +conducting its procurement processes with +bidders for the acquisition of goods +(supplies), works and services aimed at an +open, non -discriminat ory and efficient +procurement through transparent +procedures. +12 Electronic Reverse +Auction Electronic Reverse Auction means an +online real -time purchasing technique +utilised by the Procuring Entity to select +the successful bid, which involves +presentatio n by bidders of successively +more favourable bids during a scheduled +period of time and automatic evaluation of \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_100.txt b/new_scrap/PM-2020.pdf_chunk_100.txt new file mode 100644 index 0000000..6db5bbb --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_100.txt @@ -0,0 +1,43 @@ +185 + payment released to the beneficiary. +16.4.2 The Seller will execute an indemnity bond, duly notarized on the appropriate non- +judicial stamp paper stating the fact of loss/ misplacement of the cheque (No. +__________Date_______ Amount___________) and non -encashment during the +period of validity. +16.4.3 The above mentioned document, in original, will be forwarded to the concerned paying +authority with a request to issue a Non-Payment Certificate (NPC). +16.4.4 The CDA (R&D), after verification and confirmation that the cheque in question has not +been encashed, will issue NPC for issue of a fresh cheque. +16.4.5 If, after verification, the CDA (R&D) finds that the cheque has been paid, they +CDA (R&D) will send a photocopy of the cheque to the concerned Seller to take up the +matter with the bank for reconciliation and settlement. +16.5 PREPARATION OF CRV: +Lab/Estt will prepare CRVs immediately after receipt/ acceptance of stores. After +acceptance of stores, CRVs along with the billing documents will be sent to paying +authority for settlement of advance/payment. In cases where bill for balance payments +are received later, CRV No. and CRV date should be mentioned while sending these +bills for payment for linking by the paying authority. +16.6 TAX DEDUCTED AT SOURCE (TDS) : +Paying authority will ensure prompt filing of the details of TDS periodically, in respect of +procurement cases, as per the instructions of tax authorities. Utmost care has to be +exercised while preparing the data of TDS and ensure that all information filled under +TDS is correct. +16.7 MONTHLY EXPENDITURE REPORT (MER) TO PAYING AUTHORITY: +The finance section of Lab/Estt handling the cash assignment will close the accounts +on 25th of every month except the month of March and prepare the MER for the month. +The accounts for the month of March will be closed on the last working day of the +month. The MER in respect of Build-up and projects must be prepared separately. The +Finance Section will forward the MER(s) to CDA (R&D) within 3 working days from the +date of closing of accounts. +16.8 EXPENDITURE MANAGEMENT UNDER SANCTIONED PROJECTS: +Lab/Estt will entrust the responsibility of expenditure management of projects to an 186 + accounts officer or designated officer to assist the Programme/ Project Director. The +accounts officer will receive a copy of MER and update the master register of the +project. Prompt action must be ensured every month to reconcile any errors in booking +of expenditure in respect of projects. It is the responsibility of the Programme/ Project +Director to ensure periodic reconciliation of expenditure and rectification of all +erroneous bookings before closure of a particular financial year. +16.9 MONTHLY EXPENDITURE REPORT (MER) TO DRDO HQ: +At the end of every month, all Labs/Estts will prepare the MER for the month in respect +of build-up and projects as per the format prescribe by DFMM and will ensure its +submission to DFMM as per the timeline prescribed by DFMM . \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_101.txt b/new_scrap/PM-2020.pdf_chunk_101.txt new file mode 100644 index 0000000..17304da --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_101.txt @@ -0,0 +1,55 @@ +187 + Annexure ‘ A’ +1 BANKING INSTRUMENTS +1.1 GENERAL: +Import is regulated by the Directorate General of Foreign Trade (DGFT) under Ministry of +Commerce and Industry, Government of India. Authorized dealers, while undertaking +import transactions, should ensure that the imports into India are in conformity with the +Foreign Trade Policy in force (as framed by DGFT), Foreign Exchange Management +(Current Account Transactions) Rules, 2000 framed by Government of India vide +Notification No G.S.R. 381(E) dated 03 May 2000 as amended and the directions issued +by Reserve Bank of India under Foreign Exchange Management Act from time to time. +1.1.1 Banking Instruments in International Trade : The Uniform Customs and Practices for +Documentary Credit (UCPDC) are a set of internationally recognized definitions & rules for +interpretation of documentary credits, issued by the International Chamber of Commerce, +Paris. ICC Publication No. 600 has been in operation since Jan 2007 and covers all +aspects of international trade payments against documentary proofs. Lab/Estt should +follow normal banking procedures and adhere to the provisions of UCPDC for payment to +foreign firms. +1.1.2 Banking Instruments for Foreign Payments : Banking instruments used for effecting +payment in case of import are as under: +a) Letter of Credit (LC) +b) Direct Bank Transfer (DBT) +1.2 LETTER OF CREDIT (LC ): +1.2.1 LC is a written undertaking given by a bank on behalf of the Buyer (applicant) of goods or +services to pay the Seller (beneficiary) of goods or services, a certain sum of money, +provided the Seller presents the documents stipulated in the credit within the validity period +of the credit. +1.2.2 Reasons for using LC : In international trade, the Buyer and the Seller are located in +different countries and may not know each other. Countries generally have different legal +systems, currencies and trade and exchange regulations. So the Buyer/ Seller needs some 188 + security before releasing payment/ dispatching goods. +a) A Seller would want : +(i) An assurance that he will be paid as per contractual terms. +(ii) Convenience of receiving payments in their own country. +b) A Buyer would want : +(i) An assurance that the Seller will dispatch the goods within time. +(ii) To pay for the contracted goods only after they are dispatched by the Seller. +1.2.3 Advantages of LC : +a) For the Seller : +(i) The bank honours the credit independent of the Buyer. +(ii) The Buyer cannot withhold the payment under any pretence. +(iii) Delays that can occur in transmitting bank funds are avoided to a large +extent. +b) For the Buyer : +(i) The goods will be delivered in accordance with the delivery conditions stated +in the LC. +(ii) Buyer pays only when the documents comply with the credit terms in all +respect. +1.2.4 Parties involved in opening of LC : +1) Applicant - Buyer/ Importer +2) Issuing Bank - Buyer’s bank +3) Advising Bank - Bank in Seller/ Exporter’s Country +4) Beneficiary - Seller/ Exporter +5) Negotiating Bank - Paying Bank, authorized/ nominated by the +issuing bank, to pay the money to Seller/ \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_102.txt b/new_scrap/PM-2020.pdf_chunk_102.txt new file mode 100644 index 0000000..eb4f816 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_102.txt @@ -0,0 +1,52 @@ +189 + Exporter on presentation of documents +6) Reimbursing Bank - Bank which reimburses the money to the +negotiating bank +1.3 TYPES OF LC: +1.3.1 Following types of LC may be used by the Buyer for making payment to the Seller as per +the contractual terms and conditions: +a) Irrevocable LC +b) Confirmed LC +c) Revolving LC +d) Divisible LC +1.3.2 Irrevocable LC : A credit in which the Issuing Bank gives a definite, absolute and +irrevocable undertaking to honour Buyer’s obligations, provided beneficiary complies with +all terms and conditions, is known as an irrevocable letter of credit. It implies that LC +cannot be amended, cancelled or revoked without the consent of all parties. All LCs are +deemed to be irrevocable. +1.3.3 Confirmed LC : A confirmed LC is one in respect of which another Bank in the +beneficiary's country adds its confirmation at the request of the Issuing Bank. This +undertaking of the confirming Bank to pay/ negotiate/ accept is in addition to the +undertaking of the issuing bank. This is an added protection to the beneficiary. +1.3.4 Revolving LC : In such LC, the amount of credit is restored, after it has been utilized, to +the original amount thus obviating the necessity of opening a fresh LC for each dispatch/ +shipment. Revolving LC is used when the Buyer is to receive partial shipment of goods at +specific intervals over a long duration. +1.3.5 Divisible LC : A LC could be divisible or non-divisible. Divisible LC could be opened when +more than one beneficiary is allowed and payment has to be made as per the +consignment. + 190 + 1.4 ESSENTIAL ELEMENTS OF LC: +The LC shall be opened as per the proforma DRDO.LC.01 and essential elements as +mentioned below are to be clearly stipulated while opening a LC: +a) Type of LC +b) Names & addresses of applicant and beneficiary +c) Beneficiary’s bank details +d) Amount of credit and currency +e) Validity of LC +f) Latest shipment date (delivery date as per contract) +g) Basis of delivery (FOB/FCA/CIP/CIF) +h) Supply Order / Contract No. and date +i) Shipment from . To  +j) Details of consignee and/or ultimate Consignee +k) Acceptability of part shipment +l) Acceptability of trans-shipment +m) List of documents required from beneficiary for release of payment +n) Applicability and conditions of LD Clause +1.5 SPECIAL INSTRUCTIONS/ PROCEDURE FOR OPENING OF LC AND PAYMEN T +MECHANISM: +1.5.1 Process for opening of LC will be initiated by the Lab/Estt, as per the schedule of opening +of LC in the contract, after receipt of the following documents: +a) Performance security deposit; +b) Export clearance, if applicable; +c) Order acknowledgement; \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_103.txt b/new_scrap/PM-2020.pdf_chunk_103.txt new file mode 100644 index 0000000..0d89baa --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_103.txt @@ -0,0 +1,55 @@ +191 + 1.5.2 Documents required for Opening of LC : Lab/Estt will process the case for the item-wise +release of FE before opening of LC in the contract. The following documents are required +by issuing bank through paying authority for opening of LC: +a) Forwarding letter +b) Request letter for opening of LC, as per DRDO.LC.01 , with the condition that the +Bank Release Order (BRO) will be issued by bank within 24 hrs. +c) Form No. 2 - Application and guarantee, as per DRDO.LC.02 (contains the details of +documentary evidences required) +d) Declaration cum Undertaking (under section 10 (5), chapter III of the FEMA, 1999) +e) Application for remittance in foreign currency (Form A-1/A-2 (Stores/ Services)), as +per format DRDO.LC.03 and DRDO.LC.04 +f) Copy of Contract and amendments thereof +Five sets of above documents will be prepared by the Lab/Estt. Three sets will be +forwarded to the issuing bank, one set will be forwarded to the paying authority and one +will be retained by the Lab/Estt in the procurement file. +1.5.3 Opening of LC : subsequently, the Issuing Bank establishes the LC with a unique LC +number allotted to each payment case and intimates the paying authority and the Lab/Estt. +about the opening of LC. +1.6 RELEASE OF PAYMENT AGAINST LC: +1.6.1 Paid shipping documents are required to be provided to Advising Bank/ nominated +Negotiating Bank by the Seller, as proof of dispatch of goods as per contractual terms, to +get his payment against the LC. The Negotiating Bank forwards one set each of these +documents to the Issuing Bank and the Landing Officer/ rep. of Consignee, as specified in +the Contract, for getting the goods/ stores released from the Port/ Airport. The documents, +the details of which should be specified in the contract, include: +a) Full set of clean on board Air Way Bill (AWB)/ Bill of Lading (B/L) in original +b) Original invoice in triplicate (ink-signed) +c) Item-wise packing list 192 + d) Certificate of country of origin of goods +e) Certificate of quality and current manufacture from OEM +f) Dangerous cargo certificate, if any. +g) Insurance policy of 110% if CIF/CIP contract, wherever applicable. +h) Certificate of conformity & acceptance test at PDI/FAT, signed by Buyer's and +Seller's QA Dept., if provided in contract +i) Phyto-sanitary/Fumigation certificate, if applicable +j) Warranty certificate, if applicable +k) Any other document as mentioned in LC +1.7 AMENDMENT OF LC: +Any amendment to LC requires consent of both the parties. Director of Lab/Estt. is +authorised to accord approval for processing the case for amendment of LC. However, in +case, where amendment to LC requires amendment to the contract, prior approval of +amending the contract shall be obtained by the Lab/Estt. from Competent Authority/ CFA, +as applicable. The process for amendment of LC would be initiated after ensuring the +followings: +a) Request from the Seller for amendment of LC +b) Re-confirmation regarding continuing availability of funds for releasing payment. +c) Commensurate extension, if any, of BG by the Seller. +d) The onus of bearing charges for LC extension would be on the Seller or the Buyer +depending upon the one who seeks/ is responsible for the extension. +1.7.1 Documents required for Amendment of LC : All cases for LC amendment would be +routed through the paying authority to the issuing bank along with the following documents: +a) Forwarding letter +b) Vendor’s request for LC amendment +c) Amendment to contract indicating the required DP, LD applicability \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_104.txt b/new_scrap/PM-2020.pdf_chunk_104.txt new file mode 100644 index 0000000..ddf823c --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_104.txt @@ -0,0 +1,58 @@ +193 + d) Certificate for onus of banking charges payable for LC amendment +1.8 DIRECT BANK TRANSFER: +1.8.1 Direct Bank Transfer (DBT) : DBT mode of payment to a foreign Seller should be insisted +upon in contracts up to a monetary value of US $ 100,000. DBT payment may also be +agreed to in case of contracts of higher monetary value, if acceptable to the Seller. +1.8.2 Advantages of DBT : Direct Bank Transfer shows a high degree of trust between the +parties as the payment can be made by the Buyer after the receipt and inspection of goods +at its premises. Payment through DBT is cost-effective as compared with LC. +1.8.3 Processing of DBT payment : The following steps are involved: +a) Once the goods are ready and the Seller dispatches them by the agreed mode. +b) The Seller sends one copy of the Bill of Lading/ Airway Bill along with the Invoice, in +original (ink signed) to the Buyer directly confirming that one set of the documents +has been sent to the port consignee for getting the goods/stores released from the +Port/ Airport authorities. +c) Following documents will be provided by the Lab/Estt to the bank through paying +authority for processing the payment: +(i) Forwarding letter +(ii) Declaration cum Undertaking (under section 10 (5), chapter III of the FEMA, +1999) +(ii) Application for remittance in foreign currency (form A-1/A-2 (Stores/ +Services)), as per format DRDO.LC.03 and DRDO.LC.04 +(iii) Original Invoice (ink signed) +(iv) Copy of Contract and amendments thereof +(v) All other shipping documents as specified in the contract viz. Packing List, +AWB/ BOL, Insurance Policy, Certificate of Quality, Warranty certificate, etc. +1.8.4 It may be noted that the payment should be made within stipulated period. In case of delay +in payment is apprehended, a ‘no -interest liability certificate’ should be obtained from the +Seller to obviate imposition of interest on the outstanding amount. 194 + 1.9 BANK GUARANTEE (BG): +1.9.1 Definition : BG is a written undertaking obtained from the Seller through his bank, as +a guarantee that he would fulfill the promise/ terms and conditions of the contract and to +ensure the discharge of liability of the Seller in case of his default. Three parties are +involved in the agreement, namely the Applicant (Seller), the Beneficiary (Buyer) and the +bank as the guarantor. +1.9.2 Essential Elements of BG : The essential elements of BG are as follows: +a) The prescribed format in which BGs are to be accepted should be enclosed with the +RFP and the language should be verified verbatim by the Buyer on receipt with the +original BG format. The essential elements of BG indicated above should be cross- +checked from the contract for correctness. +b) While accepting BG’s of foreign banks it should also be checked that the Applicable +Law indicated in the Agreement is Indian and the date of validity has been specified. +c) Sellers be told that BGs to be submitted by them should be sent directly by the +Issuing Bank to the beneficiary by secured means. +d) The validity period of BG be checked (60 days beyond completion of all contractual +obligations, including warranty period if any) +e) In exceptional cases, when BGs are received through the vendors/ Sellers etc., the +issuing bank should be requested to immediately send an unstamped duplicate copy +of the Guarantee directly to the beneficiary with its covering letter to facilitate +validation. +f) As a measure of abundant caution, all BGs should be independently verified by the +beneficiary when they are received from the Guarantor Bank. In case of BGs of +foreign banks, assistance may be sought from SBI to check the authenticity of the +BGs received. Such authentication would necessarily entail payment of service +charges to SBI. +1.10 ACCEPTANCE OF BANK GUARANTEES: +1.10.1 Acceptance of various types of Guarantees : Acceptance of Bank Guarantee for +indigenous and foreign vendors should be undertaken as follows: \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_105.txt b/new_scrap/PM-2020.pdf_chunk_105.txt new file mode 100644 index 0000000..bf48116 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_105.txt @@ -0,0 +1,39 @@ +195 + a) Indigenous Vendors: Bank guarantee issued by any of the Public Sector Banks or +scheduled private sector commercial banks should be accepted. +b) Foreign Vendors: The Seller will be required to furnish Bank Guarantee from a +foreign bank of international repute (as per advice received from SBI, Foreign +Division Branch regarding acceptability of the bank guarantee) drawn in favour of the +Govt. of India/ Ministry of Defence . +1.10.2 Advisory Services of SBI : The Buyer may take the advisory services of SBI to +authenticate the status of the bank from which the BG is being given by the foreign Seller. +Under ‘advisory’ services to the Buyer e.g. with regard to acceptability of a BG furnished by +a vendor from a foreign bank, the Bank only checks the risk status of the country and the +credit rating of the bank in the international market. It, however, does not check the +language or terms & conditions of agreement contained in the bank guarantee. Therefore, +it is the responsibility of the Buyer to check the language given in the bank guarantee and +verify whether it is as per the prescribed format, containing no ambiguity or conditions that +are not verifiable by the banks. If the SBI advises that the guarantee is from a foreign bank +of international repute and country-rating is satisfactory, the same will be accepted by the +Buyer. In case the advice of SBI is that the guarantee is not from a bank of international +repute with satisfactory country rating and/or a confirmation of a reputed Indian bank is +required to be obtained, then the guarantee will be got confirmed by an Indian public sector +bank or a scheduled commercial private sector bank. This confirmation would entail +additional bank charges to be paid by the Buyer to the Confirming bank towards +confirmation of the bank guarantee. +1.10.3 The following additional Services may be availed from SBI: +a) In case of Sellers from high risk country, BG may be got executed through the +branch of SBI/ their Correspondent Banks located nearest to the Seller’s country. +b) List of countries where the SBI has a branch office or tie-ups with correspondent +banks is available on the SBI Website circular. +1.11 INVOCATION OF BANK GUARANTEE: +Guarantees can only be invoked by the Buyer after fulfilling the following conditions: +a) The claim/ intimation should reach the issuing Bank on or before the expiry of validity +of date of the guarantee. The claim letter should be faxed immediately and then sent 196 + physically to be delivered to the bank concerned. +b) The claim/ intimation should be in strict conformity with the terms of the Guarantee. +c) Guarantor bank cannot enquire into the merits of the claim or take views on any +dispute between the applicant and the beneficiary. +d) On compliance of terms of the guarantee, payments are to be effected immediately +and unconditionally by the bank. + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_106.txt b/new_scrap/PM-2020.pdf_chunk_106.txt new file mode 100644 index 0000000..d1e18b0 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_106.txt @@ -0,0 +1,76 @@ +197 + +PRE-CONTRACT INTEGRITY PACT + +General + The pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on +……………day of the month of ……………… Year, between, on one hand, the President of +India acting through Shri ………………… , Designation of the officer, Ministry/Department, +Government of India (hereinafter called the „BUYER‟, which expression shall mean and +include, unless the context otherwise requires, his successors in office and assigns) of the +First Part and M/s. …………………… Represented by Shri. ………………… . Chief Executive +Officer (hereinafter called the “BIDDER/Seller” which expression shall mean and include, +unless the context otherwise requires, his successors and permitted assigns) of the Second +Part. + +WHEREAS the BUYER proposes to procure (Name of the Stores/Equipment/ Item) and the +BIDDER/Seller is willing to offer/has offered the stores and + +WHEREAS the BIDDER is a Private Company/Public Company/Government +Undertaking/Partnership/Registered Export Agency, constituted in accordance with the +relevant law in the matter and the BUYER is a Ministry/Department of the Government of +India/PSU performing its functions on behalf of the President of India. + +NOW THEREFORE, +To avoid all forms of corruption by following a system that is fair, transparent and free from +any influence/prejudiced dealings prior to, during and subsequent to the currency of the +contract to be entered into with a view to:- + +Enabling the BUYER to obtain the desired said stores/equipment at a competitive price in +conformity with the defined specifications by avoiding the high cost and the distortionary +impact of corruption on public procurement, and + +Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to +secure the contract by providing assurance to them that their competitors will also abstain +from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in +any form, by its officials by following transparent procedures. + +The parties hereto hereby agree to enter into this Integrity Pact and agree as follows: + Annexure ‘ B’ 198 + Commitments of the BUYER + +1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly +with the contract, will demand, take a promise for or accept, directly or through +intermediaries, any bribe, consideration, gift, reward, favour or any material or +immaterial benefit or any other advantage from the BIDDER, either for themselves or +for any person, organisation or third party related to the contract in exchange for an +advantage in the bidding process, bid evaluation, contracting or implementation +process related to the contract. + +1.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike, and will +provide to all BIDDERs the same information and will not provide any such +information to any particular BIDDER which could afford an advantage to that +particular BIDDER in comparison to other BIDDERS. +1.3 All the officials of the BUYER will report to the appropriate Government office any +attempted or completed breaches of the above commitments as well as any +substantial suspicion of such a breach. + +2. In case any such preceding misconduct on the part of such official(s) is reported by +the BIDDER to the BUYER with full and verifiable facts and the same is prima facie +found to the correct by the BUYER., necessary disciplinary proceedings, or any other +action as deemed fit, including criminal proceedings may be initiated by the BUYER +and such a person shall be debarred from further dealings related to the contract +process. In such a case while an enquiry is being conducted by the BUYER the +proceedings under the contract would not be stalled. + +Commitments of BIDDERS + +3. The BIDDER commits itself to take all measures necessary to prevent corrupt +practices, unfair means and illegal activities during any stage of its bid or during any pre- +contract or post-contract stage in order to secure the contract or in furtherance to secure it +and in particular commit itself to the following:- + +3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, +consideration, reward, favour, any material or immaterial benefit or other advantage, +commission, fees, brokerage or inducement to any official of the BUYER, connected +directly or indirectly with the bidding process, or to any person, organisation or third \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_107.txt b/new_scrap/PM-2020.pdf_chunk_107.txt new file mode 100644 index 0000000..05e546f --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_107.txt @@ -0,0 +1,79 @@ +199 + party related to the contract in exchange for any advantage in the bidding, evaluation, +contracting and implementation of the contract. + +3.2 The BIDDER further undertakes that it has not given, offered or promised to give, +directly or indirectly any bribe, gift, consideration, reward, favour, any material or +immaterial benefit or other advantage, commission, fees, brokerage or inducement to +any official of the BUYER or otherwise in procuring the Contract or forbearing to do +or having done any act in relation to the obtaining or execution of the contract or any +other contract with the Government for showing or forbearing to show favour or +disfavour to any person in relation to the contract or any other contract with the +Government. + +3.3* BIDDERS shall disclose the name and address of agents and representatives and +Indian BIDDERs shall disclose their foreign principals or associates. + +3.4* BIDDERs shall disclose the payments to be made by them to agents/brokers or any +other intermediary, in connection with this bid/contract. + +3.5* The BIDDER further confirms and declares to the BUYER that the BIDDER is the +original manufacturer/integrator/authorized government sponsored export entity of +the defence stores and has not engaged any individual or firm or company whether +Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or +any of its functionaries, whether officially or unofficially to the award of the contract to +the BIDDER, nor has any amount been paid, promised or intended to be paid to any +such individual, firm or company in respect of any such intercession, facilitation or +recommendation. + +3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or +before signing the contract, shall disclose any payments he has made, is committed +to or intends to make to officials of the BUYER or their family members, agents, +brokers or any other intermediaries in connection with the contract and the details of +services agreed upon for such payments. + +3.7 The BIDDER will not collude with other parties interested in the contract to impair the +transparency, fairness and progress of the bidding process, bid evaluation, +contracting and implementation of the contract. + +3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, +unfair means and illegal activities. 200 + +3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, +or pass on to others, any information provided by the BUYER as part of the business +relationship, regarding plans, technical proposals and business details, including +information contained in any electronic data carrier. The BIDDER also undertakes to +exercise due and adequate care lest any such information is divulged. + +3.10 The BIDDER commits to refrain from giving any complaint directly or through any +other manner without supporting it with full verifiable facts. + +3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any +of the actions mentioned above. + +3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the +BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, +or alternatively, if any relative of an officer of the BUYER has financial interest/stake +in the BIDDER‟s firm, the same shall be disclosed by the BIDDER at the time of filing +of tender. + + The term „relative‟ for this purpose would be as defined in Section 6 of the +Companies Act 1956. + +3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary +dealings or transactions, directly or indirectly, with any employee of the BUYER. + +4. Previous Transgression + +4.1 The BIDDER declares that no previous transgression occurred in the last three years +immediately before signing of this Integrity Pact, with any other company in any +country in respect of any corrupt practices envisaged hereunder or with any Public +Sector Enterprises in India or any Government Department in India that could justify +BIDDER‟s exclusion from the tender process. + +4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can +be disqualified from the tender process or the contract, if already awarded, can be +terminated for such reason. + + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_108.txt b/new_scrap/PM-2020.pdf_chunk_108.txt new file mode 100644 index 0000000..38e35d8 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_108.txt @@ -0,0 +1,69 @@ +201 + 5. Earnest Money (Security Deposit) + +5.1 While submitting commercial bid, the BIDDER shall deposit an amount +……………………….. (to be specified in RFP) as Earnest Money/Security Deposit, +with the BUYER through any of the following Instruments. + + i) Bank Draft or Pay Order in favour of …………………………………. +ii) A confirmed guarantee by an Indian Nationalised Bank, promising payment of +the guaranteed sum to the BUYER on demand within three working days +without any demur whatsoever and without seeking any reasons whatsoever. +The demand for payment by the BUYER shall be treated as conclusive proof +of payment. +iii) Any other mode or through any other instrument (to be specified in the RFP). + +5.2 The Earnest Money/Security Deposit shall be valid upto a period of five years or the +complete conclusion of the contractual obligati ons to the complete satisfaction of +both the BIDDER and the BUYER, including warranty period, whichever is later. + +5.3 In case of the successful BIDDER a clause would also be incorporated in the Article +pertaining to Performance Bond in the Purchase Contract that the provisions of +Sanction for Violations shall be applicable for forfeiture of Performance Bond in case +of decision by the BUYER to forfeit the same without assigning any reason for +imposing sanction for violation of this Pact. + +5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest +Money/Security Deposit for the period of its currency. + +6. Sanctions for Violations + +6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or +acting on its behalf (whether with or without the knowledge of the BIDDER) shall +entitle the BUYER to take all or any one of the following actions, wherever required:- + +i) To immediately call off the pre contract negotiations without assigning any +reason or giving any compensation to the BIDDER. However, the +proceedings with the other BIDDER(s) would continue. 202 + ii) The Earnest Money Deposit (in pre-contract stage) and/or Security +Deposit/Performance Bond (after the contract is signed) shall stand forfeited +either fully or partially, as decided by the BUYER and the BUYER shall not be +required to assign and reason therefore. +iii) To immediately cancel the contract, if already signed, without giving any +compensation to the BIDDER. +iv) To recover all sums already paid by the BUYER, and in case of an Indian +BIDDER with interest thereon at 2% higher than the prevailing Prime Lending +Rate of State Bank of India, while in case of a BIDDER from a country other +than India with interest thereon at 2% higher than the LIBOR. If any +outstanding payment is due to the BIDDER from the BUYER in connection +with any other contract for any other stores, such outstanding payment could +also be utilized to recover the aforesaid sum and interest. +v) To encash the advance bank guarantee and performance bond/warranty +bond, if furnished by the BIDDER, in order to recover the payments, already +made by the BUYER, along with interest. +vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be +liable to pay compensation for any loss or damage to the BUYER resulting +from such cancellation/rescission and the BUYER shall be entitled to deduct +the amount so payable from the money(s) due to the BIDDER. +vii) To debar the BIDDER from participating in future bidding processes of the +Government of India for a minimum period of five years, which may be further +extended at the discretion of the BUYER. +viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any +middleman or agent or broker with a view to securing the contract. +ix) In cases where irrevocable Letters of Credit have been received in respect of +any contract signed by the BUYER with the BIDDER, the same shall not be +opened. +x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit +the same without assigning any reason for imposing sanction for violation of +this Pact. + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_109.txt b/new_scrap/PM-2020.pdf_chunk_109.txt new file mode 100644 index 0000000..e9ce50e --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_109.txt @@ -0,0 +1,78 @@ +203 + 6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i) +to (x) of this Pact also on the Commission by the BIDDER or any one employed by it +or acting on its behalf (whether with or without the knowledge of the BIDDER), of an +offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of +Corruption Act, 1988 or any other statute enacted for prevention of corruption. + +6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact +has been committed by the BIDDER shall be final and conclusive on the BIDDER. +However, the BIDDER can approach the independent Monitor(s) appointed for the +purposes of this Pact. + +7. Fall Clause + +7.1 The Bidder undertakes that it has not supplied/is not supplying similar +product/systems or subsystems at a price lower than that offered in the present bid in +respect of any other Ministry/Department of the Government of India or PSU and if it +is found at any stage that similar product/systems or sub systems was supplied by +the BIDDER to any other Ministry/Department of the Government of India or a PSU +at a lower price, then that very price, with due allowance for elapsed time, will be +applicable to the present case and the difference in the cost would be refunded by +the BIDDER to the BUYER, if the contract has already been concluded. + +8. Independent Monitors + +8.1 The BUYER has appointed Independent Monitors (hereinafter referred to as +Monitors) for this Pact in consultation with the Central Vigilance Commission (Names +and Addresses of the Monitors to be given). + +8.2 The task of the Monitors shall be to review independently and objectively, whether +and to what extent the parties comply with the obligations under this Pact. + +8.3 The Monitors shall not be subject to instructions by the representatives of the parties +and perform their functions neutrally and indep endently. + +8.4 Both the parties accept that Monitors have the right to access all the documents +relating to the project/procurement, including minutes of meetings. + +8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he +will so inform the Authority designated by the BUYER. 204 + +8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to +all Project documentation of the BUYER including that provided by the BIDDER. The +BIDDER will also grant the Monitor, upon his request and demonstration of a valid +interest, unrestricted and unconditional access to his project documentation. The +same is applicable to Subcontractors. The Monitor shall be under contractual +obligation to treat the information and documents of the BIDDER/Subcontractor(s) +with confidentiality. + +8.7 The BUYER will provide to the Monitor sufficient information about all meetings +among the parties related to the Project provided such meetings could have an +impact on the contractual relations between the parties. The parties will offer to the +Monitor the option to participate in such meetings. +8.8. The Monitor will submit a written report to the designated Authority of +BUYER/Secretary in the Departmen t/within 8 to 10 weeks from the date of reference +or intimation to him by the BUYER/BIDDER and should the occasion arise, submit +proposal for correcting problematic situations. + +9. Facilitation of Investigation + + In case of any allegation of violation of any provisions of this Pact or payment of +commission, the BUYER or its agencies shall be entitled to examine all the +documents including the Books of Accounts of the BIDDER and the BIDDER shall +provide necessary information and documents in English and shall extend all +possible help for the purpose of such examination. + +10. Law and Place of Jurisdiction + +This pact is subject to Indian Law. The place of performance and jurisdiction is the +seat of the BUYER. + +11. Other Legal Action + +The actions stipulated in this Integrity Pact are without prejudice to any other legal +action that may follow in accordance with the provisions of the extant law in force +relating to any civil or criminal proceedings. + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_11.txt b/new_scrap/PM-2020.pdf_chunk_11.txt new file mode 100644 index 0000000..5658191 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_11.txt @@ -0,0 +1,74 @@ +7 + bids. +13 Financial Power Financial power is the power to approve +expenditure to be incurred for bonafide +purposes in accordance with the laid down +procedure and subject to availability of +funds. +14 Free Issue Material +(FIM) Stores supplied by the Buyer without +charges to the Se ller as per the terms of +contract in order that it be incorporated +into for the completion of subject activity. +15 Goods/Stores/Services + The term 'goods/stores/services' used in +this Manual includes all item mentioned in +para 1.3 of this Manual such as all articles, +material, livestock, spares, instruments, +plant & machinery, equipment, etc. and all +types of services/ outsourcing of service s, +job contracts including packing, +unpacking, preservation, transportation, +insurance, delivery, printing and other +services, leasing, technical assessment, +consultancy, systems study, software +development, etc. but excluding books, +publications, periodic als etc. for a library. +16 Indent + An indent is a requisition placed by the +User on MMG of the Lab/Estt to procure +an item. +17 Inspecting Agency The agency authorized by the Inspecting +Authority to carry out the inspection. +18 Invitation to Bid + Means a document and any amendment +thereto published by the Buyer inviting +bids relating to the subject matter of +procurement which includes Notice +Inviting Bid (NIB) and Request For 8 + Proposal (RFP). +19 Leasing A Lease is an agreement whereby the +Lessor conveys to the Lessee in written +for a payment or series of payments the +right to use an asset for an agreed period +of time. +20 Notification Means a notification published in the +Official Gazette. +21 Original Equipment +Manufacturer The Original Equipment Manufacturer +(OEM) is the firm manufacturing the item/ +equipment under procurement. +22 Parties Buyer and Seller whenever referred +collectively are termed as Parties. +23 Paying Authority In respect of procurements made under +this Manual, Paying Authority means any +of the following authorities: +(i) Offices of the Principal Controller of +Defence Accounts (R&D)/ Controller +of Defence Accounts (R&D) under +the Controller General of Defence +Accounts. +(ii) A sub -office of the Principal +Controller of Defence Accounts +(R&D)/ Controller of Defence +Accounts (R&D). +(iii) An authority holding cash +assignment/ imprest and duly +authorized to make payment for +procurement. +24 Pre-Qualification +Document + Means the document including a ny +amendment thereto issued by the Buyer, +which set out the terms and conditions of +the pre -qualification proceedings and \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_110.txt b/new_scrap/PM-2020.pdf_chunk_110.txt new file mode 100644 index 0000000..7e6dc15 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_110.txt @@ -0,0 +1,32 @@ +205 + 12. Validity + +12.1 The validity of this Integrity Pact shall be from date of its signing and extend +upto 5 years or the complete execution of the contract to the satisfaction of +both the BUYER and the BIDDER/Seller, including warranty period, +whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall +expire after six months from the date of the signing of the contract. +12.2 Should one or several provisions of this Pact turnout to be invalid; the +remainder of this Pact shall remain valid. In this case, the parties will strive to +come to an agreement to their original intentions. + +13. The parties hereby sign this Integrity Pact at …………… on ……………… + +BUYER BIDDER +Name of the Officer CHIEF EXECUTIVE OFFICER +Designation +Deptt./MINISTRY/PSU + +Witness Witness +1……………………………………. 1……………………………………………. + +2……………………………………… 2……………………………………………. + +* Provisions of these clauses would need to be amended/ deleted in line with the policy of +the BUYER in regard to involvement of Indian agents of foreign suppliers. + + + + ‡ˆ‡…‡‡•‡ƒ”…ŠƬ‡˜‡Ž‘’‡–”‰ƒ‹•ƒ–‹‘ +‹”‡…–‘”ƒ–‡‘ˆ ‹ƒ…‡Ƭƒ–‡”‹ƒŽƒƒ‰‡‡– +Šƒ™ƒǡ‡™‡ŽŠ‹ǦͳͳͲͲͳͳ3URFXUHPHQW0DQXDOYN5HIX+N=M+NNMU \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_111.txt b/new_scrap/PM-2020.pdf_chunk_111.txt new file mode 100644 index 0000000..0eb9f57 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_111.txt @@ -0,0 +1,34 @@ +97 + suspicion of a violation by that Bidder emerges; +e) The explicit acceptance by each Bidder that the no-bribery commitment and the +disclosure obligation as well as the attendant sanctions remain in force for the +winning Bidder until the contract has been fully executed. +f) Undertaking on behalf of a Bidding company will be made “in the name and on +behalf of the company‟s Chief Executive Officer”. +g) Any or all of the following set of sanctions could be enforced for any violation by a +Bidder of its commitments or undertakings: +(i) Denial or loss of contracts; +(ii) Forfeiture of the EMD and Performance cum Warranty Bond; +(iii) Liability for damages to the Principal and the competing Bidders; and +(iv) Debarment of the violator by the Principal for an appropriate period of +time. +h) Bidders are also advised to have a company code of conduct clearly rejecting the +use of bribes and other unethical behavior and compliance program for the +implementation of the code of conduct throughout the company. +i) The draft Pre-Contract Integrity Pact is attached as Annexure ‘B’. The Bidders +are required to sign the pact and submit it separately along with the Techno- +Commercial and Price bid.” +7.2.19 Undertaking from the Bidders : An undertaking will be obtained from the +Bidder/firm/company/vendor that in the past they have never been banned/debarred for +doing business dealings with Ministry of Defence/Govt. of India/ any other Govt. +organisation and that there is no enquiry going on by CBI/ED/any other Govt. agency +against them. +7.3 SPECIAL TERMS & CONDITIONS: +Part III of RFP format contains Special Terms & Conditions pertaining to the +procurement in question. Part of the conditions may be relevant depending on the +requirement. A conscious decision needs to be taken to incorporate the relevant +clauses from this part. The wordings of these clauses can also be appropriately +modified to suit a particular case. Only relevant clauses should be retained in the RFP. +While opting the payment terms, Buyer shall keep in mind that the Stage-wise/ Part +payments and Advance payment should not form a part of payment terms in the RFP +for the procurement of „Commercially -Off-The- Shelf (COTS)‟ store(s). \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_112.txt b/new_scrap/PM-2020.pdf_chunk_112.txt new file mode 100644 index 0000000..1d3d6ac --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_112.txt @@ -0,0 +1,36 @@ +98 + 7.3.1 Apportionment of Quantity : Cases where apportionment of quantity is desired for +whatsoever reasons, the ratio of apportionment should be mentioned upfront in the +RFP: +“Buyer reserves the right to apportion the quantity among ____ bidders in the ratio of - +_________ starting from Lowest Bidder (L1) and proceed ing to Next Higher Bidder and +so on subject to their consent to meet the L1‟s rates as well as terms and conditions, +as negotiated. The bidders are requested to submit the price bid catering the need of +apportioned quantity as well as total quantity, else the unit cost of the store(s) for total +quantity will be considered for the apportioned quantity while evaluating the bid.” +(Splitting of the quantity should be in favour of L1) . + +7.3.2 Performance and Warranty Bond : It is an amount of money paid in advance and held +in reserve or a written undertaking given by the Seller through his bank as a guarantee +that he would perform the promised/ contractual obligation as per terms and conditions +stipulated in the Contract/ SO. The standard text of this clause is as under: +a) Performance Security Bond should be for an amount equal to -----------% of the +contract value ( inclusive of taxes and duties) in favour of the Director (Lab Name), +(Place) for safeguarding the Buyer‟s interest in all respects during the currency of the +contract. In case the execution of the contract is delayed beyond the contracted +period and the Buyer grants the extension of delivery period, with or without +liquidated damages, the Seller must get the Bond revalidated, if not already valid. +The specimen of bond can be provided on request. +b) To cover the Buyer‟s interest during warranty period, warranty Bond for an amount +of 10% percent of the contract value (inclusive of taxes and duties) would be +obtained from the seller prior to return of performance security bond. Warranty bond +should remain valid for a period of sixty days beyond the date of completion of all +warranty obligations. Warranty bond would be returned to the Seller on successful +completion of warranty obligations, under the contract. The specimen of bond can be +provided on request. +i. Indigenous Bidder: They may be accepted in the form of Bank Draft, Fixed +Deposit Receipt or a Bank Guarantee. +ii. Foreign Bidder: They may be accepted in the form of Bank Guarantee or +Stand-by Letter of Credit from an internationally recognized first class bank . . +“The Performance Security / Warranty Bond will be forfeited by the Buyer, in case +the conditions regarding adherence to delivery schedule and/or other provisions \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_113.txt b/new_scrap/PM-2020.pdf_chunk_113.txt new file mode 100644 index 0000000..f82680e --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_113.txt @@ -0,0 +1,35 @@ +99 + of the Contract/ SO are not fulfilled by the S eller.” +7.3.3 Tolerance Clause : This clause provides the Buyer an opportunity to address the +change in the requirement during the period starting from issue of RFP till placement of +SO/ Contract. The standard text of this clause is as under: +“To take care of any change in the requirement during the period starting from issue of +RFP till placement of the Contract, Buyer reserves the right to increase or decrease +25% of the quantity of the required goods, proposed in the RFP, without any change in +the terms and conditions and rates quoted by the Seller. While awarding the Contract, +the quantity ordered can be increased or decreased by the Buyer within this tolerance +limit.” +7.3.4 Option Clause : This clause empowers the Buyer to place additional orders, within the +currency of the original Contract/SO, for additional quantity up to a maximum of 50% of +the originally contracted quantity (rounded up to the next whole number) at the same +rate and terms of the original Contract/SO. The standard text of this clause is as under: +“The Contract will have an Option Clause, wherein the Buyer can exercise an option to +procure an additional 50% of the original contracted quantity (rounded up to the next +whole number) in accordance with the same terms and conditions of the Contract. This +will be applicable within the currency of the Contract. It will be entirely the discretion of +the Buyer to exercise this option or not ”. +7.3.5 Repeat Order Clause : This clause empowers the Buyer to place additional orders up +to 50% quantity of the original contracted quantity (rounded up to the next whole +number), within twelve months from the date of completion of supply under the original +Contract/ SO, at the rates on not exceeding basis while the terms and conditions will +remain unchanged. The standard text of this clause is as under: +“The Contract will have a Repeat Order Clause, wherein the Buyer can order up to 50% +quantity of the original contracted quantity (rounded up to the next whole number) +under the Contract within twelve months from the date of completion of supply under +the original Contract/ SO. The Repeat Order will have rates on not exceeding basis +while the terms and conditions will remain unchanged. It will be entirely the discretion of +the Buyer to exercise the Repeat ord er or not.” +7.3.6 Purchase Preference Clause : The RFP should inform potential bidders about +purchase preference as prescribed by the Govt. of India from time to time through +statutory orders or administrative instructions. The standard text of this clause is as +under: \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_114.txt b/new_scrap/PM-2020.pdf_chunk_114.txt new file mode 100644 index 0000000..e1a6624 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_114.txt @@ -0,0 +1,36 @@ +100 + “Purchase preference will be granted as per Public Procurement (Preference to Make +in India), Order-2017 as amended, issued by DPIIT/Ministry of Commerce and +Industry .” +7.3.7 Transfer of Technology (ToT): ToT is the process of transferring skills, knowledge, +technologies, methods of manufacturing and facilities by one party to other. This is to +ensure that the scientific and technological developments are accessible to Labs/Estts +to further develop and exploit the technology for development of new product, +processes, applications, materials or services. Following clause may be included in the +RFP where ToT is being sought: +“Buyer is desirous of license production of (generic name of store(s)) under ToT. Bu yer +reserves the right to negotiate ToT terms subsequently but the availability of ToT would +be a pre-condition for any further procurements. If negotiations for ToT are not held as +a part of the negotiations for store(s), then subsequent and separate ToT negotiations +would continue from the stage where the store(s ) has been selected.” +(In such cases, Labs/Estts. would spell out the requirements and scope of ToT +depending upon the depth of the technology which is required). +7.3.8 Permissible Time Frame for Submission of Bills : RFP should explicitly state about +the timeline for submission of bills for claiming payment. The standard text of this +clause is as under: +“To claim payment (part or full), the Seller shall submit the bill(s) along with the +relevant documents within ___ days from the completion of the activity/ supply.” (Lab +should mention the no. of days and the activity from which the counting will start) +7.3.9 Payment Terms : Payment terms are of great importance to both Buyer and Seller as +the cost of finance plays a very important role in deciding the cost of an item or service +being contracted for. RFP should clearly state the terms of payment including stage +payment/ advance payment, if any, as well as the mode of payment. The payment +terms should normally be in accordance with the options given in RFP as any change +of payment terms specified in the RFP can alter L1 determination. In case where the +payment terms offered by the bidders differ from the options given in the RFP, DCF +technique may be utilized for LI determination. The standard text of this clause is as +under: +a) For Indigenous Seller: The payment will be made as per the following terms, on +production of the requisite documents: +(i) 100% payment within 30 days after receipt, satisfactory installation and +acceptance of stores/equipment in good condition or the date of receipt of \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_115.txt b/new_scrap/PM-2020.pdf_chunk_115.txt new file mode 100644 index 0000000..50cab49 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_115.txt @@ -0,0 +1,33 @@ +101 + the bill whichever is later. +Or +Stage-wise/Pro rata payments as per the milestone/time described here. +(Payment milestone/time shall be identified by the Lab and mentione d +here.) +(ii) Pro rata payment for the services rendered will be made as per the +frequency described here. (The frequency shall be pre-defined by the Lab +b) For Foreign Seller : +(i) 100% payment within 30 days after receipt, satisfactory installation and +acceptance of stores/ equipment in good condition or after receipt of +necessary documents warranted by delivery terms. +Or +Stage-wise/Pro rata payments as per the milestone/time described here. +(Payment milestone/time shall be identified by the Lab and mentioned +here.) +(ii) Pro rata payment for the services rendered will be made as per the +frequency described here. (The frequency shall be pre-defined) +c) Advance Payments : + No advance payment will be made. +Or +Interest free mobilization advance payment of __% of the Contract value may be +made, preferably in not less than two installments, against submission of Bank +Guarantee, in favour of The Director (Lab Name), (Place), of 110% of advance +payment (from first class bank of international repute in case of foreign Seller) by +the private firm or against submission of Indemnity Bond by the Govt. +organizations/ PSUs. In case of termination of the Contract/ extension of delivery +period due to default of the Seller or where advance taken has not been/ could not +be used for the purpose of order execution, interest free mobilization advance +would be deemed as interest bearing advance, compounded quarterly, at the rate +of 2% above (i) MCLR (Marginal Cost of Funds based Lending Rate) declared by +RBI pertaining to SBI for Indian Seller, and (ii) LIBOR/EURIBOR rate for the foreign +Seller. The rates as applicable on the date of receipt of advance will be considered \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_116.txt b/new_scrap/PM-2020.pdf_chunk_116.txt new file mode 100644 index 0000000..50a602a --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_116.txt @@ -0,0 +1,34 @@ +102 + for this. +d) Part Supply and Pro rata Payment : +Part supply will not be acceptable. +Or +Full supply may be accepted in maximum _______ nos. of lots. However, Pro +rata payment will not be made for part supplies of the stores(s) made. +Or +Full supply may be accepted in maximum _______ nos. of lots. Pro rata payment +will be made as per the applicable payment terms for the part supply of the +stores(s). +e) Mode of Payment : +(i) For Indigenous Sellers: It will be mandatory for the Bidders to indicate +their bank account numbers and other relevant e-payment details to +facilitate payments through ECS/EFT mechanism instead of payment +through cheque, wherever feasible. +(ii) For Foreign Seller: The payment will be arranged through Letter of Credit +from Reserve Bank of India/ State bank of India/ any other Public Sector +Bank, as decided by the Buyer, to the Bank of the Foreign Seller as per +mutually agreed terms and conditions. The Letter of Credit will preferably be +opened with validity of 90 days from the date of its opening, on extendable +basis by mutual consent of both the parties. Letter of Credit opening +charges in India will be borne by the Buyer. However, the extension +charges, if any, will be borne by the party responsible for the extension. +For contracts costing up to US $ 100,000 (or equivalent) or the payment of +Training/ Installation & Commissioning/ AMC charges, preferable mode of +payment will be by Direct Bank Transfer (DBT). DBT payment will be made +within 30 days of receipt of clean Bill of Lading/ AWB/ Proof of shipment +and such other documents indicating completion of the contractual +obligation on part of the Seller as provided for in the contract, but such +payments will be subject to the deductions of such amounts as the Seller +may be liable to pay under the agreed terms of the Contract. +7.3.10 Documents to be furnished for Claiming Payment : RFP should clearly spell out the +list of documents required from the Seller for claiming payment. The standard text of \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_117.txt b/new_scrap/PM-2020.pdf_chunk_117.txt new file mode 100644 index 0000000..8470bd9 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_117.txt @@ -0,0 +1,30 @@ +103 + this clause is as under: +a) Indigenous Sellers: The payment of bills will be made on submission of the +following documents by the Seller to the Buyer +(i) Ink-signed copy of Contingent Bill. +(ii) Ink-signed copy of Commercial Invoice / Seller‟s Bill. +(iii) Bank Guarantee for Advance, if applicable. +(iv) Guarantee/ Warranty Certificate. +(v) Details for electronic payment viz. Bank name, Branch name and address, +Account Number, IFS Code, MICR Number (if these details are not already +incorporated in the Contract). +(vi) Original copy of the Contract and amendments thereon, if any. +(vii) Self certification from the Seller that the GST/ applicable taxes as received +under the contract would be deposited to the concerned taxation authority. +(viii) Any other document/ certificate that may be provided for in the Contract. +(Note – Lab may specify any other documents required as per need) +b) Foreign Sellers: In case of payment through Letter of Credit (LC), paid shipping +documents are to be provided to the Bank by the Seller as a proof of dispatch of +goods as per contractual terms/ LC conditions so that the Seller gets payment from +LC. The Bank will forward these documents to the Buyer for getting the goods/ +stores released from the Port/ Airport. However, where the mode of payment is +DBT, the paid shipping documents are to be provided to the paying authority by the +Buyer. Documents will include: +(i) Clean on Board Airway Bill/Bill of Lading +(ii) Original Invoice +(iii) Packing List +(iv) Certificate of Origin from Seller‟s Chamber of Commerce, if any. +(v) Certificate of Quality and year of manufacture from OEM. +(vi) Dangerous Cargo Certificate, if applicable. +(vii) Insurance Policy of 110% value in case of CIF/ CIP contract \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_118.txt b/new_scrap/PM-2020.pdf_chunk_118.txt new file mode 100644 index 0000000..b514844 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_118.txt @@ -0,0 +1,37 @@ +104 + (viii) Certificate of Conformity and Acceptance Test at PDI, if any. +(ix) Phyto-sanitary/ Fumigation Certificate, if any. +(x) Any other documents as provided for in the Contract.” +(Note –Lab may specify any other documents required as per need) +7.3.11 Exchange Rate Variation (ERV) Clause : To cover the exchange rate fluctuation due +to volatile market in a long term contract, it may be necessary to make a provision for +such variation in exchange rates. The standard text of this clause is as under: +“This clause will be applicable only in case the delivery period exceeds 12 Months from +the Effective Date of the Contract which involves import content (foreign exchange). +a) Detailed time schedule for procurement of imported material and their value at +the FE rates adopted for the Contract is to be furnished by the Bidder as per the +format given below. +Year Wise and Major Currency Wise Import Content Break up + + + + +. +b) ERV will be payable/ refundable depending upon movement of exchange rate +with reference to exchange rate adopted for the valuation of the Contract. Base +Exchange rate of each major currency used for calculating FE content of the +Contract will be the SBI selling rate of the foreign exchange element on the date +of the last date of bid submission. +c) The base date for ERV would be the last date of bid submission and variation on +the base date will be given up to the midpoint of manufacture unless the Bidder +indicates the time schedule within which material will be imported by them. Based +on information given above, the cut-off date/dates within the Delivery schedule for +the imported material will be fixed for admissibility of ERV. +d) ERV clause will not be applicable under following circumstances: +(i) Cases where delivery periods for imported content are subsequently to be Year Total Cost of +Material +(Import) FE Content Outflow +(Equivalent in Rs. in crores) +$ € £ Others + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_119.txt b/new_scrap/PM-2020.pdf_chunk_119.txt new file mode 100644 index 0000000..b8a02a9 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_119.txt @@ -0,0 +1,36 @@ +105 + refixed /extended except for reasons solely attributable to the Buyer or +Force Majeure. +(ii) Cases where movement of exchange rate falls within the limit of ± 2 % of +the reference exchange rate adopted for the valuation of the Contract. +e) The impact of notified ERV shall be computed on a yearly basis for the outflow as +mentioned by the Bidder in their bid and shall be paid / refunded before the end +of the financial year based on certificatio n by the Buyer.” +7.3.12 Force Majeure Clause : Force majeure clause allows a party to suspend or terminate +the performance of its obligation when certain circumstances beyond their control arise, +making performance inadvisable, commercially impracticable, illegal or impossible. The +provision may state that the contract is temporarily suspended, or that it is terminated in +the event of force majeure continues for a prescribed period of time. The standard text +of this clause is as under: +a) Neither party shall bear responsibility for the complete or partial non-performance +of any of its obligations, if the non-performance results from such Force Majeure +circumstances as Flood, Fire, Earth Quake and other acts of God as well as War, +Military operations, blockade, Acts or Actions of State Authorities or any other +circumstances beyond the parties control that have arisen after the conclusion of +the present contract. +b) In such circumstances the time stipulated for the performance of an obligation +under the Contract is extended correspondingly for the period of time +commensurate with actions or circumstances and their consequences. +c) The party for which it becomes impossible to meet obligations under the Contract +due to Force Majeure conditions, is to notify in written form to the other party of the +beginning and cessation of the above circumstances immediately, but in any case +not later than 10 (Ten) days from their commencement. +d) Certificate of a Chamber of Commerce (Commerce and Industry) or other +competent authority or organization of the respective country shall be considered +as sufficient proof of commencement and cessation of the above circumstances. +e) If the impossibility of complete or partial performance of an obligation lasts for more +than 6 (six) months, either party hereto reserves the right to terminate the Contract +totally or partially upon giving prior written notice of 30 (thirty) days to the other +party of the intention to terminate without any liability other than reimbursement on +the terms provided in the agreement for the goods received. +7.3.13 Buy-Back : In case where Buyer is interested to trade the existing old goods while \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_12.txt b/new_scrap/PM-2020.pdf_chunk_12.txt new file mode 100644 index 0000000..71bfba2 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_12.txt @@ -0,0 +1,60 @@ +9 + includes the invitation to pre -qualify. +25 Pre-Qualification +Procedure Means the procedure set out to identify +potential bidders prior to formal bidding . +26 Procurement or Public +Procurement + Procurement refers to the entire gamut of +activities involved in and the procedures to +be adopted for acquiring goods and +services as defined in para 1.3 of this +Manual. +27 Promise The proposal or offer when accepted +becomes a promise. +28 Promisee The party to which a promise is made is +called the Promisee. +29 Promisor The person (entity) making a promise is +called the Promisor. +30 Seller + Seller is an entity, which enters into a +contract with the Buyer to supply goods +and services. The term includes agents, +assigns, successors, authorized dealers, +stockists and distributors of such an +entity. Where the context so warrants, +other terms, such as contractor, have also +been used synonymously in this Manual. + + 10 + 2 CHAPTER 2 +GENERAL PRINCIPLES OF PROCUREMENT +2.1 GENERAL: +The authorities vested with the processing and approval of purchases shall adhere to +the highest standards of financial propriety taking due care and caution as expected +from a prudent person. Procurements should be made only in cases of proven +necessity and in an efficient and economical manner. +2.2 STANDARDS OF FINANCIAL PROPRIETY: +This Manual, in consonance with Rule 21 of GFR 2017, endorses that every officer +incurring or authorizing expenditure from public money should be guided by high +standards of financial propriety. Every officer should also enforce financial order and +strict economy and see that all relevant financial rules and regulations are observed, +by his own office and by subordinate disbursing officers. Among the principles on +which emphasis is generally laid are as following: +a) Every officer is expected to exercise the same vigilance in respect of expenditure +incurred from public money, as a person of ordinary prudence would exercise in +respect of expenditure of his own money. +b) The expenditure should not be prima facie more than what the occasion +demands. +c) No authority should exercise its powers of sanctioning expenditure to pass an +order which will be directly or indirectly to its own advantage. +d) Expenditure from public money should not be incurred for the benefit of a +particular person or a section of the people, unless – +(i) A claim for the amount could be enforced in a Court of Law, or +(ii) The expenditure is in pursuance of a recognized policy or custom. +2.3 GUIDING PRINCIPLES OF PUBLIC BUYING: +Every authority delegated with the financial powers of procuring goods in public +interest shall have the responsibility and accountability to bring efficiency, economy, +transparency and for fair and equitable treatment of firms and promotion of competition +in public procurement. +2.3.1 The procedure to be followed for public procurement must conform to the following \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_120.txt b/new_scrap/PM-2020.pdf_chunk_120.txt new file mode 100644 index 0000000..f0b8222 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_120.txt @@ -0,0 +1,34 @@ +106 + purchasing the new ones, the appropriate provision shall be mentioned in the RFP. The +standard text of this clause is as under: +“The Buyer is interested to trade the existing old goods while purchasing the new ones. +Bidders may formulate and submit their bids accordingly. Interested Bidders can +inspect the old goods to be traded through this transaction. The Buyer reserves the +right to trade or not to trade the old goods while purchasing the new ones and the +Bidders are to frame their bids accordingly covering both the options. Details for buy- +back offer are as under: +a) Details of Items for Buy-Back Scheme – Make/ Model, Specs, Year of +Production/ Purchase, Period of Warranty/ AMC etc. +b) Place for Inspection of Old Items – Address, Telephone, Fax, e-mail, Contact +personnel, etc. +c) Timings for Inspection – All working days between the time of ___ to _____. +d) Last Date for Inspection – 1 day before the last date of submission of bids. +e) Period of Handing Over of Old Items to Successful Bidder – Within ___ days of +________________________ (No. of days and condition to be specified by the +Lab) +f) Handling charges and transportation expenses to take out the old items will be on +account of the successful Bidder. +7.3.14 Export License : RFP should specifically seek the details and format for end use +certificate required by the Seller for obtaining export clearance. The standard text of +this clause is as under: +“The Bidder is required to furnish full details and formats of End Use Certificate +required for obtaining export clearance from the country of origin. This information will +be submitted along with Techno-Commercial bid. In the absence of such information, it +would be deemed that no document is required from the Buyer for export clearance +from the country of origin.” +7.3.15 Free Issue of Material (FIM): Wherever FIM is to be issued by the Buyer, the same +should be clearly stated in the RFP along with the method of safeguarding the govt. +property. Free Issue Material (FIM) to be safeguarded as per the provisions of para +6.43.2 (c) and (d) of this Manual . The standard text of this clause is as under: +The list of FIM are given below: (Lab has to provide the list as per the format given +below) \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_121.txt b/new_scrap/PM-2020.pdf_chunk_121.txt new file mode 100644 index 0000000..3003304 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_121.txt @@ -0,0 +1,33 @@ +107 + Sl. No. Description of Store(s) Qty. Unit Cost Total Cost + + +Free Issue of Material (FIM) as raw material : FIM is a government property and will +be secured through , a comprehensive insurance cover (for transportation and storage +period) taken by the Lab/Estt or Supplier through Nationalized Insurance Agency or +their subsidiaries. If insurance is taken by the Supplier, the insurance charges will be +reimbursed by the Lab/Estt at actuals. +7.3.16 Terms of Delivery : Terms of delivery plays direct role in determining cost of the +contract/ SO. The standard text of this clause is as under: +a) For Foreign Bidder: Foreign bidders are required to quote both on CIF/CIP +(destination) and FCA/FOB (Gateway) basis. +b) For Indigenous Bidder: The delivery of goods shall be on FOR (destination) +basis. +7.3.17 Packing and Marking Instructions : Following clause shall be retained in the RFP: +a) The Seller shall provide packing and preservation of the equipment and +spares/goods contracted so as to ensure their safety against damage in the +conditions of land, sea and air transportation, transhipment, storage and weather +hazards during transportation, subject to proper cargo handling. The Seller shall +ensure that the stores are packed in containers, which are made sufficiently strong. +The packing cases should have provisions for lifting by crane/ fork lift truck. Tags +with proper marking shall be fastened to the special equipment, which cannot be +packed. +b) The packing of the equipment and spares/goods shall conform to the requirements +of specifications and standards in force in the territory of the Seller‟s country. +c) A label in English shall be pasted on the carton indicating the under mentioned +details of the item contained in the carton. The cartons shall then be packed in +packing cases as required. +(i) Part number : +(ii) Nomenclature : +(iii) Contract annex number : +(iv) Annex serial number : \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_122.txt b/new_scrap/PM-2020.pdf_chunk_122.txt new file mode 100644 index 0000000..b9ccaae --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_122.txt @@ -0,0 +1,32 @@ +108 + (v) Quantity contracted : +d) One copy of the packing list in English shall be inserted in each cargo package, +and the full set of the packing lists shall be placed in case No.1 painted in a yellow +colour. +e) The Seller shall mark each package with indelible paint in English language as +follows:- +(i) Contract No. __________________________________ +(ii) Consignee ____________________________________ +(iii) Port / airport of destination _______________________ +(iv) Ultimate consignee ________________________ _____ +(v) Package No. ________________________ __________ +(vi) Gross/net weight ________________________ ______ +(vii) Overall dimensions/volume ______________________ +(viii) The Seller‟s marking _______ ____________________ +f) If necessary, each package shall be marked with warning inscriptions: , , category of cargo etc. +g) Should any special equipment be returned to the Seller by the Buyer, the latter +shall provide normal packing, which protects the equipment and spares/goods from +damage or deterioration during transportation by land, air or sea. In such case the +Buyer shall finalize the marking with the Seller. +7.3.18 Inspection Instructions : Detailed procedure for following inspection (applicable) to be +spelt upfront in the RFP: +a) Raw material inspection +b) Part inspection +c) Stage/Subsystem inspection +d) Pre-Delivery Inspection +e) Factory Acceptance Test +f) Post Delivery inspection on receipt of store +g) Inspection Authority: The Inspection will be carried out by a representative of the +Lab/Estt duly nominated by the Director. +(The Lab shall choose clauses as applicable and provide detailed procedure for \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_123.txt b/new_scrap/PM-2020.pdf_chunk_123.txt new file mode 100644 index 0000000..c272cb9 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_123.txt @@ -0,0 +1,35 @@ +109 + inspection for each of the clauses. Any other inspection instruction, if required, may be +added.) +7.3.19 Franking Clause : The fact that the stores have been inspected after the delivery +period and accepted by the inspectorate does not bind the Buyer, unless at his +discretion he agrees, to accept delivery thereof. A suitable provision shall be made in +the RFP to address such type of concern. The standard text of this clause is as under: +a) In Case of Acceptance of Store(s): “The fact that the goods have been inspected +after the delivery period and passed by the Inspecting Officer will not have the +effect of keeping the contract alive. The goods are being passed without prejudice +to the right s of the Buyer under the terms and conditions of the Contract”. +b) In Case of Rejection of Store(s): “The fact that the goods have been inspected +after the delivery period and rejected by the Inspecting Officer will not bind the +Buyer in any manner. The goods are being rejected without prejudice to the rights +of the Buyer under the terms and conditions of the contract.” +7.3.20 Claims : For settlement of claim in respect of deficiency in quality/ quantity of supplies +made under the contract, following clause may be provided in the RFP: +a) The quantity claims for deficiency of quantity and/ or the quality claims for defects +or deficiencies in quality noticed during the inspection shall be presented within 45 +days of completion of inspection. +b) The Seller shall collect the defective or rejected goods from the location indicated +by the Buyer and deliver the repaired or replaced goods at the same location, +within mutually agreed period, under Seller‟s arrangement without any financial +implication on the Buyer. +7.3.21 Warranty : Following clause should be provided in the RFP where warranty of goods +being procured is required: +a) “The Seller will declare that the goods, stores articles sold/ supplied shall be of the +best quality and workmanship and new in all respects and shall be strictly i n +accordance with the specifications and particulars contained/ mentioned in the +contract. The Seller will guarantee that the said goods/ stores/ articles would +continue to conform to the description and quality for a period of, ___ months from +the date of acceptance/ installation of the said goods stores/ articles. If during the +aforesaid period of ___ months, the said goods/ stores are discovered not to +conform to the description and quality aforesaid, not giving satisfactory +performance or have deteriorated, the Buyer shall be entitled to call upon the Seller \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_124.txt b/new_scrap/PM-2020.pdf_chunk_124.txt new file mode 100644 index 0000000..f36239e --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_124.txt @@ -0,0 +1,34 @@ +110 + to rectify the goods/ stores/ articles or such portion thereof as is found to be +defective by the Buyer within a reasonable period without any financial implication +to the Buy er.” +b) “In cases of procurement of software , Seller shall issue/provide upgrades of the +software free of cost during the warranty period.” +7.3.22 Product Support : Following clause should be provided in the RFP where product +support beyond warranty period is required: +a) The Seller agrees to provide product support for the stores, assemblies/ sub- +assemblies, fitment items, spares and consumables, Special Maintenance Tools +(SMT)/ Special Test Equipments (STE) for a minimum period of _____years +including _____ years of warranty period after the delivery. +b) The Seller agrees to undertake a maintenance contract for a minimum period of +______years/ months. The Seller is required to quote the price for both +comprehensive and non-comprehensive maintenance of the equipment after the +expiry of warranty period in the price bid. +7.3.23 Annual Maintenance Contract (AMC) Clause : In case of AMC or where AMC is also +required along with the procurement of goods, a clause to cover such maintenance +contract may be incorporated in the RFP. The standard text of this clause is as under: +a) The Seller would provide a Non- Comprehensive AMC for a period of ___ years. +Or +The Seller would provide a Comprehensive AMC for a period of ___ years. The +AMC services should cover the repair and maintenance of all the equipment and +systems purchased under the Contract and specify following: +(i) Maximum repair turnaround time for equipment/system would be _____ +days. +(ii) Required spares that may be stored at site by the Seller at their own cost +to avoid complete breakdown of the equipment/system and to ensure +serviceability. +b) The AMC services would be provided in two distinct ways: +(i) Preventive Maintenance Service: The Seller will provide a minimum of +_____ Preventive Maintenance Service visits during a year to the operating +base to carry out functional checkups and minor adjustments/ tuning as +may be required. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_125.txt b/new_scrap/PM-2020.pdf_chunk_125.txt new file mode 100644 index 0000000..9f781fe --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_125.txt @@ -0,0 +1,35 @@ +111 + (ii) Breakdown Maintenance Service: In case of any breakdown of the +equipment/system, on receiving a call from the Buyer, the Seller is to +provide prompt maintenance service to make the equipment/system +serviceable. +c) Response Time: The response time of the Seller should not exceed +_______hours / days from the time breakdown intimation is provided by the Buyer. +d) Serviceability of ___% per year is to be ensured. This amounts to total maximum +downtime of ___days per year. Also un-serviceability should not exceed ___days at +any given time. Total down time would be calculated at the end of the year. If +downtime exceeds permitted limit, LD/ Extension/ Termination may be considered +as per merit of the case as decided by the Buyer. +e) Technical Documentation: All necessary changes in the documentation +(Technical and Operators Manual) for changes carried out on hardware and +software of the equipment will be provided. +f) During the AMC period, the Seller shall carry out all necessary servicing/repairs to +the equipment/system under AMC at the current location of the equipment/system. +Prior permission of the Buyer would be required in case certain components/sub +systems are to be shifted out of location. On such occasions, before taking out the +goods or components, the Seller will give suitable bank guarantee to the Buyer to +cover the estimated current value of items being taken out of location. +g) Period of AMC may be extended as per mutual agreement subject to satisfactory +performance. +h) The Buyer reserves the right to terminate the maintenance contract at any time +without assigning any reason whatsoever, after giving a notice of ___ months. The +Seller will not be entitled to claim any compensation against such termination. +However, while terminating the Contract, if any payment is due to the Seller for +maintenance services already performed in terms of the Contract, the same would +be paid as per the Contract terms. +7.3.24 Price Variation (PV) Clause : Generally, the contract should be entered with a fixed +and firm price. However, in cases, where it is required to enter into a contract with price +variation clause, following clause may be incorporated in the RFP: +a) “(Applicable only if DP is more than 18 Months) – A sample clause is indicated +below for inclusion in RFP. +The formula for Price Variation should ordinarily include a fixed element, a \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_126.txt b/new_scrap/PM-2020.pdf_chunk_126.txt new file mode 100644 index 0000000..6c967af --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_126.txt @@ -0,0 +1,37 @@ +112 + material element and a labour element. The figures representing the material +element and the labour element should reflect the corresponding proportion of +input costs, while the fixed element may range from 10 to 25%. That portion of +the price represented by the fixed element will not be subject to variation. The +portions of the price represented by the material element and labour element will +attract Price Variation. The formula for Price Variation will thus be: +𝑃1 = 𝑃0 𝐹+𝑎 𝑀1 +𝑀0 + 𝑏 𝐿1 +𝐿0 + ………. − 𝑃0 +Where +P1 : Adjustment amount payable to the Seller (a minus figure will +indicate a reduction in the Contract Price) +P0 : Contract Price at the base level +F : Fixed element not subject to Price Variation +a : Assigned percentage to the material element in the Contract +Price +b : Assigned percentage to the labour element in the Contract Price +L0 : Wage indices at the base month and year +L1 : Wage indices at the month and year of calculation +M0 : Material indices at the base month and year +M1 : Material indices at the month and year of calculation + +If more than one major item of material is involved, the material element can be +broken up into two or three components such as Mx, My, Mz . Where price +variation clause has to be provided for services (with insignificant inputs of +materials) as for example, in getting technical assistance normally paid in the +form of per diem rate, the price variation formula should have only two elements, +viz. a high fixed element and a labour element. The fixed element can in such +cases be 50% or more, depending on the mark-up by the seller of the per diem +rate vis-à-vis the wage rates. +b) Following conditions would be applicable to price adjustment: +(i) Base date shall be last date of bids submission. +(ii) Date of adjustment shall be midpoint of manufacture. +(iii) No price increase is allowed beyond original Delivery Period unless the +delay is attributable to the Buyer or Force Majeure. +(iv) Total adjustment will be subject to maximum ceiling of ____%. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_127.txt b/new_scrap/PM-2020.pdf_chunk_127.txt new file mode 100644 index 0000000..e84fb7e --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_127.txt @@ -0,0 +1,17 @@ +113 + (v) No price adjustment shall be payable on the portion of the payment made +as an advance payment made in the Contract to the Seller. +7.3.25 Intellectual Property Rights (IPR): In case of Development Contract, RFP should +clearly spell out the holder of IPR developed under the contract. The standard text of +this clause is as under: +“The rights of Intel lectual Property, developed under the Contract, will be either the +property of Govt. of India or jointly owned by the Govt. of India and the Development +Partner. The holding of rights of intellectual property will be decided by the Buyer +based on the merits of the case. Even where IPR is jointly held, Govt. of India will have +the marching rights on IPR, i.e., the Development Partner will have to give technical +know-how/design data for production of the item to the designated Production Agency +nominated by Govt. of India. The Development Partner will, however, be entitled to +license fee / royalty from designated agency as per agreed terms and conditions. The +Development Partner will also be entitled to use these intellectual properties for their +own purposes, which specifically excludes sale or licensing to any third party.” + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_128.txt b/new_scrap/PM-2020.pdf_chunk_128.txt new file mode 100644 index 0000000..9185a0c --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_128.txt @@ -0,0 +1,35 @@ +114 + 8 CHAPTER 8 +EVALUATION OF QUOTATIONS AND PRICE REASONABILITY +8.1 INTRODUCTION: +GFR 20 17 prescribes that every authority delegated with the financial powers of +procuring goods in public interest shall have the responsibility and accountability to +bring efficiency, economy and transparency in matters relating to public procurement +and for fair and equitable treatment of firms and promotion of competition in public +procurement. +8.2 COMMERCIAL EVALUATION OF QUOTE: +RFP is issued on the basis of the assessed cost as approved by the CFA. The next +important stage is the commercial evaluation of the bids received in response to the +RFP that are found technically compliant. These have to be evaluated to work out the +financial implication of each offer. In order to ensure that all offers are compared in a +fair & equitable manner and that the bidders are provided a level playing field, all +elements of cost, including taxes and duties and terms and conditions with financial +implications are to be taken into account. The evaluation criteria adopted for this +purpose should be indicated in the RFP and the quotations should be ranked as per +criteria indicated therein. In cases where RFP specifies Life Cycle Cost (LCC) as the +criteria for the determination of successful bidder, AMC/ product support costs for the +specified period beyond the original warranty period, will be loaded in CSB and taken +into consideration for determining L1. +8.3 BASIS OF COMPARISON OF COST : +The comparison of the Bids would be done on the principle of the total cash outgo from +Procuring Entity‟s pocket. The financial bids of the qualified bidde rs would be +compared on the basis of total cost (FOR destination basis - consignment to Buyer‟s +premises) of the deliverables and services including statutory levies, taxes and duties +on final product which are to be paid extra as per actuals. + +8.3.1 Total Cost for Indian bidders: All the cost of the deliverables (FOR destination basis +– consignment to Buyer‟s premises) and services including statutory levies, taxes and +duties on final product which are to be paid extra as per actuals. Custom Duty on input +materials will not be loaded in their total cost, if such duties are exempted under +existing Notifications. +8.3.2 Total Cost for Foreign Bidders: All foreign bidders would be asked to quote on \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_129.txt b/new_scrap/PM-2020.pdf_chunk_129.txt new file mode 100644 index 0000000..edf9153 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_129.txt @@ -0,0 +1,36 @@ +115 + FOB/FCA cost basis. In addition, they would also indicate CIF/CIP cost. Wherever, +CIP/CIF Cost is not indicated by a foreign bidder, the FOB/ FCA Cost would be loaded +by 10% to arrive at CIP/CIF Cost. After arriving at CIP/CIF cost, the bids would be +further loaded with Custom Duty (CD) & GST (as applicable) which are to be paid extra +as per actuals and a charge @ 1% of CIP/CIF cost to bring the consignment to the +Buyer‟s Premises for the purposes of comparison of bids. All the foreign bids would be +brought to a common denomination in Indian Rupees by adopting Base Exchange Rate +as BC selling rate of the State Bank of India on the day of last date of submission of +bids. +8.4 COMPARATIVE STATEMENT OF BIDS ( CSB ): +MMG will collate prices of all qualified bids in the form of a CSB. If the prices quoted +are in foreign/ multiple currencies, the same will be brought to rupee denomination by +adopting the exchange rate (BC selling rate of SBI) prevailing on the date of the +opening of price bids. The CSB should be exhaustive and it must include all details +given in the quotations. Deviations from the RFP and the price bid format should be +highlighted in the CSB. MMG rep. would sign the CSB and it should be vetted and +countersigned by rep. of Integrated Finance where either financial powers are to be +exercised with their concurrence or CNC cases. +8.4.1 Determination of lowest acceptable offer : MMG will determine the lowest acceptable +offer, L1, based on the overall evaluation criteria indicated in the RFP for all non CNC +cases. Wherever CNC is formed, only CNC will determine the lowest acceptable offer +(L1 bidder) based on the evaluation criteria indicated in the RFP for award of the +contract/ supply order . +8.5 NEGOTIATIONS +8.5.1 No requirement of convening CNC: To conclude Contract/S.O through open bidding +mode for stores that are commercially off the Shelf (COTS) with generic/ commercial +specifications; and support services such as Hygiene & Maintenance, Arboriculture, +Firefighting, Conservancy, Security Services including DGR cases, wet canteen +services and support services to DSC platoons, there woul d be no requirement of +convening CNC. +8.5.2 Negotiation with L1 Bidder : In multi-bidder cases, once L1 bidder is identified, the +contract should be concluded with L1 and there would be no need for any further price +negotiations. Negotiations can be held in exceptional circumstances where valid +reasons exist and such negotiations should be held only with L1. Exceptional situations +include procurement of proprietary items, items with limited sources of supply and items \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_13.txt b/new_scrap/PM-2020.pdf_chunk_13.txt new file mode 100644 index 0000000..6fbec83 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_13.txt @@ -0,0 +1,64 @@ +11 + yardsticks: +a) Specifications in terms of quality/ type and quantity of goods to be procured should +be clearly spelt out keeping in view the specific needs of the Buyer; +b) The specifications should be worked out to meet the essential requirement and +should not include superfluous and non-essential features, which may result in +unwarranted expenditure; +c) Care should also be taken to avoid purchasing quantities in excess of requirement +to avoid inventory carrying costs. Stockpiling of critical components is, however, +allowed for important projects to ensure their uninterrupted availability with due +approval; +d) Offers should be invited following a fair, transparent and reasonable procedure; +e) Procuring authority should be satisfied that the selected offer adequately meets the +requirement in all respects and that the price of the selected offer is reasonable +and consistent with the quality required. +2.3.2 The following further cautions will be observed while purchasing stores: +a) Supply orders will not be split-up to avoid the necessity for obtaining sanction of the +higher authorities. +b) Competitive bidding should be adopted to ensure fair competition, unless it is +considered expedient to follow other approved modes of bidding. Purchases will be +made from the best acceptable bidder as per evaluation criteria to realize the value +for money. +c) Adequate care would be exercised to ensure that delivery from the Seller is within +the specified time schedule. +d) All expenditure on purchases would only be need-based and public fund will not be +spent on anticipatory requirements not having immediate use. +e) Where stockpiling of critical component has been approved, care should be taken +that it does not result in expiry of shelf life or redundancy due to obsolescence. +2.3.3 Code of Integrity : The code of integrity lays down the obligations on the part of the +Buyer and the Bidder in order to maintain the integrity of the procurement transactions. +The obligations on both the parties are as follows: +No official of Buyer or a bidder shall act in contravention of the code of integrity which +include provisions for 12 + a) Prohibition of – +(i) Making offer, solicitation or acceptance of bribe, reward or gift or any +material benefit, either directly or indirectly, in exchange for an unfair +advantage in the procurement process or to otherwise influence the +procurement process; +(ii) Any omission, or misrepresentation that may mislead or attempt to +mislead so that financial or other benefit may be obtained or an +obligation avoided; +(iii) Any collusion, bid rigging or anti-competitive behavior that may +impair the transparency, fairness and the progress of the +procurement process; +(iv) Improper use of information provided by the Buyer to the bidder with +an intent to gain unfair advantage in the procurement process or for +personal gain; +(v) Any financial or business transactions between the bidder and any +official of the Buyer; +(vi) Any coercion or any threat to impair or harm, directly or indirectly, +any party or its property to influence the procurement process; +(vii) Obstruction of any investigation or auditing of a procurement +process. +b) Disclosure of conflict of interest. +c) Disclosure by the bidder of any previous transgressions made in respect of +the provisions of para 2.3.3 (a) of this Manual with any entity in any country +during the last three years or of being debarred by any other procuring +entity. +d) Penalties for Violation: If the Buyer comes to the conclusion that a bidder +or prospective bidder, as the case may be, has violated the code of +integrity, the Buyer may take appropriate measures including: +(i) Exclusion of the bidder from the procurement process; +(ii) Calling off pre-contract negotiations and forfeiture or encashment of +EMD/ Bid Security; \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_130.txt b/new_scrap/PM-2020.pdf_chunk_130.txt new file mode 100644 index 0000000..c36b316 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_130.txt @@ -0,0 +1,36 @@ +116 + where there is suspicion of cartel formation. The justification and details of such +negotiations should, however, be recorded and documented giving reasons for holding +negotiations. Negotiations through a CNC should invariably be conducted in case of +single source situations including PAC cases. Negotiations may also have to be +conducted in multi-bidder cases where the offered price is considered high with +reference to the assessed reasonable price. CNC would record its recommendations +regarding reasonableness of the price offered by the L1 bidder and the need for +negotiation or otherwise with justification. In cases where a decision is taken to go for +re-floating of RFP but the requirements are urgent, negotiations may be under taken +with L1 bidder(s) for the supply of a bare minimum quantity in accordance with para 3 +of CVC instructions dated 3rd March 2006 (for latest guidelines issued by CVC in this +regard, CVC website may be referred). +8.5.3 Negotiation with L2 Bidder: If the bidder, whose bid has been found to be the lowest +evaluated bid withdraws or whose bid has been accepted, fails to sign the procurement +contract as may be required, or fails to provide the security as may be required for the +performance of the contract or otherwise withdraws from the procurement process, the +Procuring Entity shall cancel the procurement process. Provided that the Procuring +Entity, on being satisfied that it is not a case of cartelization and the integrity of the +procurement process has been maintained, may, for cogent reasons to be recorded in +writing, offer the next successful bidder an opportunity to match the financial +bid/negotiated price of the first successful bidder, and if the offer is accepted, award the +contract to the next successful bidder at the financial bid/negotiated price of the first +successful bidder, subject to compliance of following requirements : +a) Reasonability of the price bid being established by the CNC +b) The justification that there is no cartelization and the integrity of the procurement +process has been maintained will be issued by the Director/Head of the Lab/Estt/ +Procuring Entity +c) Prior approval of DG Cluster (PMB for Appendix B of DFP)/ CFA (whichever is +higher) is obtained before negotiating with L2. +8.6 PRICE BENCH MARKING : +Before scheduled negotiation, (wherever considered necessary), it would be advisable +to work out the estimated reasonable rate or the benchmark, to judge acceptability of +the L1 bidder based on available information. Benchmarking of price should be done +before opening of the price bids to ensure complete objectivity and fairness and the +fact that decision to negotiate or not itself depends upon such an assessment. Data \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_131.txt b/new_scrap/PM-2020.pdf_chunk_131.txt new file mode 100644 index 0000000..1825ba7 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_131.txt @@ -0,0 +1,34 @@ +117 + may be collected from trade journals/internet/ technical literature/industry +sources/international or domestic market survey or Cost Estimation & Reasonability +Committee (CERC) may be constituted to arrive at an assessed reasonable price +through cost break-up analysis or by surveying the products performing similar +functions or using similar components/ materials/ technology etc. +8.7 EVALUATION AGAINST B ENCH -MARK: +The Benchmark price is an estimated price and will not be taken as a rigid cut-off price +in deciding the reasonableness of the quoted price. It will be used as a basis/ yardstick +for comparison with the quoted price. The decision regarding reasonableness of the +quoted price would have to be taken by the CNC on the merit of the case. +8.8 BENCHMARKING/ REASONABLENESS OF PRICES: +There can be multiple methods of arriving at a benchmark for assessing reasonability +of prices quoted. It may be acknowledged that a budgetary quote can at best be an +indicative price but not an assessment of reasonability of cost. Therefore following +approaches either singly or in combination may be adopted: +a) Ascertain element wise breakup of cost. For e.g. the quote/selling price would +generally constitute elements such as material cost, labour cost, overhead cost +along with applicable warranty and profit. +b) Ascertain the Last Procurement Price (LPP) of similar item, supplied by the vendor +recently to same service or other sister services/ organizations. If LPP is of an +earlier period then Price Level (PL) is required to be fixed as per last delivery of +item and applicable escalation to be given on that PL till year of delivery. +c) Escalation will have to be worked out on the basis of material composition and +analysis of raw materials used to make the item. The movement of price indices of +raw materials (year on year average), wholesale price indices, consumer price +indices, global metal indices such as London metal indices, US indices, UK MM19 +etc. may be used to assess the escalation rate. +d) Delivery period is to be ascertained and if the delivery is scheduled for more than +one year then midpoint of delivery period is to be taken for deciding escalation. +Month wise escalation from date of LPP may be given or if it is yearly then seven +months or more may be considered for one additional year‟s escalation. For e.g. if +item has to be delivered in the year 2014-2018 and LPP is for 2010, then the prices +have to be escalated from the year 2010 till 2016. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_132.txt b/new_scrap/PM-2020.pdf_chunk_132.txt new file mode 100644 index 0000000..8cb6472 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_132.txt @@ -0,0 +1,33 @@ +118 + e) Budgetary Quote ( BQ) obtained from one or more prospective Sellers may also +form the basis of benchmarking cost. If there is huge variation in BQ, the +aberrations have to be marginalized. +f) Prevailing market rates obtained through Market Survey (MS) or prices available +from open sources like internet etc. may be taken for benchmarking. However, +these should be referenced in the CNC regarding source & authenticity. +g) Labour cost has to be broken down into labour hours used and the Man-hour Rate +(MHR). In case of procurement of major item, the apportionment of estimated hours +required by the vendor and the MHR of the vendor, where available, is to be used +for working out the labour cost. For e.g. for manufacturing an aircraft by HAL, +many Divisions would be involved over a period of 4-5 years. The total labour hours +of each HAL Division as per Detailed Project Report (DPR) after factoring reduction +in hours on account of learning curve is to be worked out. Further the man hours +have to be apportioned year-wise for each Division and multiplied by MHR of +respective years to arrive at the total labour cost. +h) Professional Officers‟ Valuation (POV) may be considered in case no other prices +are available of that particular item. +i) Discounts may be factored-in while benchmarking viz. on account of Long Term +Business Agreements (LTBA) with other OEMs or economies of scale. In case of +Bought out Foreign terms or indigenous items with substantial import content, LPP +plus Exchange Rate Variation (ERV) since last purchase, if any, have to be +factored-in benchmarking. +j) Factors such as obsolescence/ Redundancy, Freight & Insurance, Profit & +Warranty, etc. may be factored in while arriving at benchmark price. +k) Taxes and duties may not be factored while benchmarking. +l) In case of DPSUs , the parameters of cost as per Pricing Policy or Govt. of India +letters, if any, may be factored-in while arriving at benchmark price. +8.9 ADOPT ION OF DISCOUNTED CASH FLOW (DCF) TECHNIQUE : +The DCF is a method of evaluation by which cash flow of the future are discounted to +current levels by the application of a discount rate with a view to reducing all cash +flows to a common denomination and make comparison. +8.9.1 The DCF procedure is to reduce both cash in-flows and out-flows into Net Present \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_133.txt b/new_scrap/PM-2020.pdf_chunk_133.txt new file mode 100644 index 0000000..187ed0b --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_133.txt @@ -0,0 +1,35 @@ +119 + Values (NPV) through a more scientific and reliable method. The use of NPV analysis +is based on the concept of time value of money. Money has a time value because of +the opportunity to earn interest or the cost of paying interest on borrowed capital. This +means that a sum to be paid today is worth more than a sum to be paid in a future time. +The cash out-flows/in-flows and the average cost of capital i.e., cost of borrowing +becomes an important constituent in evaluation process. The following formula is to be +used for calculating NPV of a bid: +𝑁𝑃𝑉 = 𝐴𝑛 +(1 +𝑖)𝑡 +𝑛 +Where +NPV = Net Present Value +An = Expected cost flow for the period mentioned by the subscript +i = Rate of Interest or discount factor +t = Period after which payment is to be made +n = Payment schedule as per the payment terms and conditions +When comparing the various bids based on NPV analysis, the bid with the lowest NPV +should be declared as L1. +8.9.2 Steps involved in NPV : The application of NPV analysis in defence procurement +would involve the following five steps: +a) Step 1: Selection of the discount rate +b) Step 2: Identifying the cash outflows +c) Step 3: Establishing the timing of the cash outflow +d) Step 4: Calculating the NPV of each alternative +e) Step 5: Selecting the offer with the least NPV +8.9.3 Example: In response to a RFP, two bidders have quoted different prices and payment +terms as per the details given underneath: + Quoted +Price Payment Plan +T0 + 1 T0 + 6 T0 + 7 T0 + 9 T0 + 12 +Bidder (1) 102 10% 20% - 30% 40% +Bidder (2) 100 30% - 40% - 30% + +Here T 0 is Contract Effective Date (C ED); Let the rate of interest be 12%. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_134.txt b/new_scrap/PM-2020.pdf_chunk_134.txt new file mode 100644 index 0000000..f82e0be --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_134.txt @@ -0,0 +1,41 @@ +120 + Then as per the formula given above, NPV of Bidder (1) is: +𝑁𝑃𝑉 =(102 ×10/100) +(1 + 12/100)1/12+ (102 ×20/100) +(1 + 12/100 )6/12+ 102 ×30/100 +(1 + 12/100)9/12+ (102 ×40/100 ) +(1 + 12/100)12/12 +=93.92 +and NPV of Bidder (2) is: +𝑁𝑃𝑉 =(100 ×30/100) +(1 + 12/100)1/12+ (100 ×40/100) +(1 + 12/100 )7/12+ 100 ×30/100 +(1 + 12/100)12/12=93.94 +So Bidder (1) is L1. +8.9.4 Discounting Rate: Discounting rate to be used under the DCF technique is MCLR +(Marginal Cost of Funds based Lending Rate) declared by RBI pertaining to SBI for the +latest month of the year. +8.9.5 Method for structuring cash flows : A suitable model for structuring cash flows for +bids is as under: +a) The first step would be to exclude the unknown variables like escalation factors etc +while determining the cash flows. +b) Thereafter the cash out flow as per the price bids of different biddders should be +taken into consideration and where the cash out flows are not available in the bids, +the same should be obtained from the respective bidders. Where bids are received +in different currencies/ combination of currencies, the cash o utflow will be brought +to a common denomination in rupees by adopting exchange rate (BC selling rate of +SBI) as on the date of opening of price bids. +c) Once the outflows of different bids become available, NPV of different bids to be +calculated using the formula given above and the one with the lowest NPV is to be +selected. +8.9.6 When the DCF is to be used : The alternative with the smallest payment of NPV in the +procurement is the obvious choice. The DCF may be made use of to facilitate +determination of L1 in following procurement situations: +a) To compare different payment terms of the bidders to a common denomination for +determining L1 status. +b) To deal with the cases where entering into AMC over a period of more than one +year is part of the contract for evaluating L1 status. Determination of L1 by merely +adding the arithmetic values spread over a long period of time would be an +incorrect procedure for determining L1 and the correct procedure would be to +reduce cash out flows into present values through the DCF technique, for which the +discount rate to be adopted should form part of the RFP. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_135.txt b/new_scrap/PM-2020.pdf_chunk_135.txt new file mode 100644 index 0000000..554fede --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_135.txt @@ -0,0 +1,21 @@ +121 + 8.10 ANALYSIS OF OFFERS FROM FOREIGN BIDDERS : +Apart from the parameters enumerated earlier in this Chapter regarding analysis, cost +break up and price indices wherever feasible, efforts should be made to analyze: +a) The price fixation procedure/ methodology prevailing in the country of the bidder. +b) The prices of similar products, systems and subsystems wherever available +should be referred. The database maintained in the respective division connected +with the procurement of such type of stores should be accessed. +8.10.1 The foreign bidder may be asked to provide the details of past supplies and contract +rates, if any, of similar kind of product to other Buyers. +8.11 TRANSPARENCY IN ASSESSMENT PROCESS : +Assessment of reasonableness of price is an arduous task, especially where price data +is not available or in case of overseas purchases. In such cases, it is important to +place on record efforts made for arriving at the acceptable price and taking the +procurement decision. + + + + + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_136.txt b/new_scrap/PM-2020.pdf_chunk_136.txt new file mode 100644 index 0000000..76fe18c --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_136.txt @@ -0,0 +1,33 @@ +122 + 9 CHAPTER 9 +EXPENDITURE SANCTION AND ISSUE OF SUPPLY ORDER/ CONTRACT +9.1 EXPENDITURE SANCTION: +As per Rule 22 of GFR- 2017, no authority may incur any expenditure or enter into any +liability involving expenditure or transfer of moneys for investment or deposit from +Govt. account unless the same has been sanctioned by a competent authority. +Expenditure Sanction is a written authority from the CFA authorizing expenditure to be +incurred on procurement. It invariably indicates a reference to the authority/ delegation +under which expenditure is being sanctioned, the financial implications, the purpose of +expenditure, relevant budget heads and code heads for booking of expenditure. The +CFA for the expenditure is determined on the basis of the total expenditure inclusive of +all taxes & duties and all incidental charges i.e. cost to the Buyer. However taxes and +duties will be paid to the Seller at actuals on production of relevant documentary +evidence. It will be clearly mentioned in the S.O/ Contract that the applicable taxes and +duties will be paid separately at actuals. Amendment to expenditure sanction of +contracts on account of changes in statutory levies would be approved by the +competent authority as per para 10.5.2(c). +9.1.1 The essential elements that need to be shown in a letter conveying expenditure +sanction are as under: +a) Reference of Government Authority/ Letter and Schedule/ Sub-Schedule of +delegation of financial powers under which the sanction/ approval is being +accorded. +b) Description of store(s)/ service(s) and quantity +c) Sanction will indicate basic cost and applicable taxes and duties separately. +Applicable taxes and duties would be paid at actuals against documentary +evidence. +d) Name of the Seller +e) Category of procurement - whether for Project/ Build- up/ Maintenance +f) Source of funding +g) Nature of procurement - whether Revenue/ Capital along with details of Major +Head, Minor Head, Sub Head, Code No. and Unit Code (as mentioned in the +Defence Services Classification Hand Book, as amended) \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_137.txt b/new_scrap/PM-2020.pdf_chunk_137.txt new file mode 100644 index 0000000..dc48d6e --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_137.txt @@ -0,0 +1,35 @@ +123 + h) Details of approval of CFA to be provided (Approval of CFA obtained vide Note +Number___________ dated_____ in file number________) in case sanction is +communicated on behalf of CFA by an authorised officer +i) UO Number allotted by Integrated F inance (when the CFA‟s delegated powers are +being exercised with financial concurrence) or in case of disagreement with finance +(refer para 1.9 of this Manual), a copy of relevant noting of Financial Advisors & +CFAs to be endorsed +j) Unique Sanction Code (USC) as per the guidelines issued by DFMM, DRDO HQ +9.1.2 Cases where separate expenditure sanction is not required : In cases where +Expenditure Sanction by the CFA has been accorded on not exceeding basis along +with the project sanction or at the time of demand approval in accordance with para +4.10 of this Manual, fresh expenditure sanction will not be required subject to +compliance of conditions mentioned therein. +9.1.3 Availability of Funds : A procurement proposal can normally be processed for demand +approval and expenditure sanction up to the stage of placement of supply +order/contract subject to availability of funds by the budget holder. Prior to placement of +supply order/ contract, confirmation of availability of funds in the current financial year +as per scheduled cash out-go would be ensured by the Lab/Estt. In case of cash out-go +in the subsequent financial year(s), availability of funds in the respective financial +year(s) would be ensured. +9.1.4 Procedure for obtaining expenditure sanction : Prior approval of the competent +authority would be required to admit deviations, if any, from the purchase procedure in +vogue before seeking expenditure sanction of the CFA. Expenditure sanction from +CFA, on file, would be obtained as per following procedure: +a) Cases falling within delegated financial powers of Project Director/ Program +Director/ Director/ DG (Cluster): The procurement file containing all the relevant +papers like demand approval, RFP, TCEC report, CSB (non- CNC cases) & CNC +minutes ( CNC cases) and waivers sought, if any, will be put up to the CFA for +sanction as per delegated financial powers. +b) Cases falling beyond delegated financial powers of DG (Cluster): The proposal +will be submitted to DFMM/ DRDO HQ for obtaining expenditure sanction of the +CFA. A copy of demand approval, RFP, TCEC report, CNC minutes and waivers +sought, if any, will be enclosed along with the proposal. +c) Cases with Financially Empowered Boards: The procurement file containing all \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_138.txt b/new_scrap/PM-2020.pdf_chunk_138.txt new file mode 100644 index 0000000..75bcd36 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_138.txt @@ -0,0 +1,34 @@ +124 + the relevant papers like demand approval, RFP, TCEC report, CNC minutes and +waivers sought, if any, will be put up to the appropriate board for expenditure +sanction as per the delegation of financial powers. Cases beyond financial powers +of Apex Board will be referred along with recommendations of Apex Board for +approval of the CFA. +9.1.5 All sanctions accorded on file will be followed by issue of an order conveying +expenditure sanction giving details as per para 9.1.1 of this Manual and copy shall be +endorsed to the paying authority and concerned office of DGADS. +9.1.6 All CFAs shall maintain sequential details of all expenditure sanctions issued by them. +A monthly statement of all expenditure sanctions accorded under Stores (Capital) and +Stores (Revenue) Budget Head would be submitted by Lab/Estt. along with anticipated +cash outgo to DFMM , DRDO HQ. +9.1.7 Ex-post -Facto Financial Concurrence : There is no provision under the delegated +financial powers to obtain ex-post-facto concurrence of Integrated Finance. Cases +where concurrence of Integrated Finance is not obtained, prior to issue of expenditure +sanction, though required as per the delegation of financial powers, would be treated as +cases of breach of rules and regulations and referred to the next higher CFA for +regularization. Such regularization will be subject to concurrence of IFA to the next +higher CFA. +9.1.8 Ex-post Facto Approval/ Sanction of the CFA : Where a proposal is approved, with or +without the concurrence of Integrated Finance, by an authority not competent to +sanction that proposal as per the delegation of financial powers, ex-post-facto sanction +may be accorded by the appropriate CFA (as per delegation of financial powers) with or +without the concurrence of the Integrated Finance, as the case may be, as per +delegation of financial powers. +9.2 PREPARATION OF SUPPLY ORDER: +9.2.1 The following details will be incorporated in the supply order: +a) Supply order number and date. +b) Reference(s) & date(s) of bidder‟s quotation and revised offer submitted at the time +of CNC meeting, as applicable. +c) Description of items/stores with detailed specifications including model no., part +no., make, brand etc. +d) Quantity required and the accounting unit. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_139.txt b/new_scrap/PM-2020.pdf_chunk_139.txt new file mode 100644 index 0000000..4e3ef65 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_139.txt @@ -0,0 +1,32 @@ +125 + e) Currencies and rates both in figures and words. +f) Total number of items and their aggregate value shown below the list of items. +g) Delivery date to be specified clearly with reference to the date of supply order. +h) Payment terms. +i) Payment of taxes and duties: It will be clearly mentioned in the supply order that +taxes and duties will be paid at actuals on production of relevant documentary +proof if already deposited or a self certification from the Seller that taxes received +under the contract would be deposited to the concerned taxation authorities. . +j) Standard terms and conditions of the RFP. +k) Details of FIM to be issued along with their time schedule. +l) Special terms and conditions as mutually agreed. +m) Orders will be signed for and on behalf of „President of India‟ by an officer +specifically authorised. +9.2.2 MMG will prepare Supply Order and acknowledgement as per DRDO.SO.01 and +DRDO.SO.02 respectively. Form given at DRDO.SO.03 will be used to prepare +Contracts.. Information regarding S eller‟s bank account details along with IFS Code of +receiving branch of bank will be reflected in the SO/ Contract to facilitate e-payment. +9.2.3 Scrutiny of Supply Order : Supply order/ Contract may be referred to the user group/ +Finance for scrutiny. +9.2.4 Distribution of Supply Order/ Contra ct: In case of SO, a minimum of four ink signed +copies and in case of Contract a minimum of three ink signed copies will be prepared. +Distribution of SO/ Contract will be as follows: +a) Seller – +(i) In case of supply order: 2 copies with markings as “Original t o be +Acknowledged & Return” and “Original to be Retained” ( both ink-signed +copies ) with a request to return the one marked as “Original to be +Acknowledged and Return” for settlement of bills +(ii) In case of contract: 1 copy ( ink-signed ) +b) Paying Authority (Local CDA (R&D) ) – 1 copy ( ink-signed ) +c) Demanding officer – 1 copy +d) Stores Movement Control Div. (Receipt & Dispatch Section) – 1 copy \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_14.txt b/new_scrap/PM-2020.pdf_chunk_14.txt new file mode 100644 index 0000000..355e9e7 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_14.txt @@ -0,0 +1,65 @@ +13 + (iii) Forfeiture or encashment of any other security or bond relating to +the procurement; +(iv) Recovery of payments made by the Buyer along with interest +thereon as per the provisions of contract/ supply order; +(v) Cancellation of the relevant contract and recovery of compensation +for loss incurred by the Buyer; +(vi) Debarment of the bidder from participation in future procurements +for a period not exceeding two years or as prescribed. +2.4 OVERARCHING GUIDELINES OF THE GOVERNMENT: +Govt. orders and instructions related to procurements as issued subsequent to +promulgation of this Manual would be circulated by DRDO/HQrs for compliance. +2.5 BOOKING OF EXPENDITU RE- CAPITAL/ REVENUE: +2.5.1 For MM, TD, UT and IF Projects : Total Project Expenditure related to MM, TD, IF and +UT projects including equipment, hardware, consultancy, project related contingency, +purchase/hiring of transport, freight, contracts for “Acquisition of Research Services” +(CARS) under these projects will be treated as Capital Expenditure. +2.5.2 For Projects other than those listed at 2.5.1 above and Build- up/Maintenance +activities: +a) Capital Procurement: In consonance with Rule 98 of the GFR 2017 , significant +expenditure incurred with the object of acquiring tangible assets of a permanent +nature or enhancing the utility of the existing assets, shall broadly be defined as +Capital expenditure. Further, in consonance with Rule 99 (a) of the GFR 2017, all +charges for the first construction and equipment of a project as well as charges for +intermediate maintenance of the work while not yet opened for service will be +treated as Capital expenditure. It shall also bear charges for such further additions +and improvements, which enhance the useful life of the asset. Capital procurement +would, therefore, refer to procurement of all goods and services that fit the +description of Capital expenditure. +b) Revenue Procurement: In consonance with Rule 99 of GFR 2017 , revenue +should bear all subsequent charges for maintenance, repair, upkeep and Working +expenses, including all expenditure on working and upkeep of assets and also on +such renewals and replacements and such additions, improvements or extensions, 14 + etc., as under rules made by the Government are debitable to revenue account. +The revenue procurement, therefore, implies procurement of items and equipment, +including replacement equipment (functionally similar) assemblies/ sub-assemblies +and components, to maintain and operate already sanctioned assets in the service, +the necessity of which has been established and accepted by the Government. +Therefore, subsequent charges on maintenance, repair, upkeep and working +expenses which are required to maintain the assets in a running order as also all +other expenses incurred for the day to day running of the Organisation, including +establishment and administrative expenses, shall be classified as Revenue +expenditure. +2.6 MANDATORY DOCUMENTS TO BE MAINTAINED: +2.6.1 The Buyer shall maintain record of the procurement proceedings, which shall include +the following: +a) Documents pertaining to determination of need for procurement, e.g. demand +initiation form etc.; +b) Description of the subject matter of the procurement, e.g. statement of case +(SOC), scope of work, specification etc.; +c) Reason for choice of mode of bidding other than Open Bidding Mode (OBM ); +d) Documents relating to pre-qualification and registration of bidders, if applicable; +e) Particulars of the participating bidder at each stage, e.g., at pre-bid conference +stage, bid opening stage, techno-commercial evaluation stage, negotiation stage; +f) Requests for clarifications and any reply thereof including the clarifications given +during pre-bid conferences; +g) Bids evaluated and documents relating to their evaluation; +h) Details of any grievance redressal proceeding and the related decisions; +i) Any document, notification, decision or other information generated in the course +of a procurement including communications exchanged between the Parties or +forming part of the record of the procurement process, which may be used for +subsequent reference; +j) Any other information or record as may be prescribed. +2.6.2 Subject to the provisions of any other law in force relating to retention of records, the +Buyer shall retain the records for following types of procurements as indicated: \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_140.txt b/new_scrap/PM-2020.pdf_chunk_140.txt new file mode 100644 index 0000000..2e247df --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_140.txt @@ -0,0 +1,27 @@ +126 + e) Bill Payment Section – 1 copy +f) Case file – 1 copy ( ink-signed ) +9.2.5 Dispatch of Supply Order/Contract : The SO/ Contract will be signed only after +obtaining expenditure sanction by the CFA and dispatched to the Seller along with +required number of blank bill forms. Lab/Estt will ensure receipt of BGs of appropriate +value and validity . Copy of the SO/ Contract will invariably be hosted on the website of +DRDO and CPP portal for procurements on OBM basis or where RFP was hosted on +the website/ CPP Portal. +9.3 ORDER ACCEPTANCE: +9.3.1 Acceptance of SO : A supply order is not signed by both parties, namely the Buyer and +the Seller. It becomes a deemed contract and comes into force with acceptance of the +bid as per mutually agreed terms & conditions contained in the RFP and the firm‟s offer. +The firm should check the supply order and convey acceptance of the same within +seven days o f its receipt. If such an acceptance or communication conveying firm‟s +objection to certain parts of the supply order is not received within the stipulated period, +the supply order is deemed to have been fully accepted by the firm. +9.3.2 Acceptance of Contract : In case of contract, both parties sign the document thus +conveying their acceptance. In such cases, there is no requirement of +acknowledgement receipt. +9.4 POST CONTRACTUAL OBLIGATIONS: +MMG/ User Group will monitor the progress of supply order/ contract specifically +related to the validity of BGs given by the firm, the stage payments, delivery period, +issue of duty exemption certificates, stages of inspection and design reviews as +envisaged. + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_141.txt b/new_scrap/PM-2020.pdf_chunk_141.txt new file mode 100644 index 0000000..8bb1277 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_141.txt @@ -0,0 +1,28 @@ +127 + 10 CHAPTER 10 +POST CONTRACT MANAGEMENT +10.1 GENERAL: +Lab/Estt will mainta in a „Progress Register‟ or „ Electronic Database ‟ wherein the details +of all supply orders/ contracts will be sequentially entered. Such registers/ records will +be updated with stages of progress of supply orders/ contracts relating to +amendments, if any, stage/ part payments, delivery details, payment details etc. +10.2 SUPPLY ORDER/ CONTRACT MONITORING : +The supply order/ contract monitoring will be carried out by user group/ Contract +Monitoring Committee (CMC)/ Progress Review Committee (PRC), if constituted +specifically, and MMG. +a) Aspects to be monitored by the user group: +(i) Drawings submission/approval +(ii) Design reviews +(iii) FIM +(iv) Testing of components/ Pre-Delivery Inspection (PDI) +(v) Site preparation for installation & commissioning etc. +b) Aspects to be monitored by MMG : +(i) Continued validity of all BGs/ indemnity bonds +(ii) Submission of details of design reviews +(iii) Insurance for FIM and its continued validity +(iv) Issue of CDEC/ GST Exemption Certificate +(v) Delivery schedule +(vi) Timely information for inspection +(vii) Requirement related to freight forwarder +(viii) Feedback etc. + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_142.txt b/new_scrap/PM-2020.pdf_chunk_142.txt new file mode 100644 index 0000000..791511c --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_142.txt @@ -0,0 +1,29 @@ +128 + 10.3 ROLE OF CMC/ PRC: +A CMC/ PRC may be constituted by the Director of the Lab/Estt, with members from +MMG and user group. CMC/ PRC will monitor the overall progress of the supply order/ +contract and submit its recommendations for the remedial measures to be taken, +where required . +10.4 RESPONSIBILITY OF USER GROUP: +In cases where obligation of supply order/ contract requires design reviews (PDR/ +CDR), site preparation for installation/ commissioning, readiness of FIM for issue, +timely inspection for quality clearances etc. are involved, the user group will ensure +completion of such activities as per the schedule provided in the contract/ supply order. +10.5 AMENDMENT TO SUPPLY ORDER/ CONTRACT: +Amendments to supply order/ contract will be issued in writing in under-mentioned +circumstances with the approval of appropriate authority. +10.5.1 Rectification of typographical errors : The approval of Project Director/ Program +Director/ Director (Lab/Estt.) would be obtained on file for rectifying the typographical +errors made in the SO/ Contract at the time of issuing SO/ Contract. +10.5.2 Arising without any change in scope of work : There would not be any requirement +of holding CNC to review the proposed amendments such as revision of DP; limiting/ +waiving of LD; admissibility of change in statutory levies/ taxes & duties; revision in +minimum wages, FE rate variation, change in item description/part number, part +shipment/transshipment/lot size without affecting DP and terms of payment, delivery +terms/consignee etc. +a) For DP extension ( including ex -post -facto) with imposition of LD: The +competent authority for according such approval for procurement cases covered +under Appendix A and Appendix B of DFP is given below . The se DP extensions +would not require concurrence of Finance . Where DP extension is for a +procurement relating to a Project/Programme, extended DP would have to be +limited to sanctioned Project/Programme completion date. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_143.txt b/new_scrap/PM-2020.pdf_chunk_143.txt new file mode 100644 index 0000000..d112d1e --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_143.txt @@ -0,0 +1,35 @@ +129 + (i) Project Director would accord DP extension up to 12 months for all cases +where CFA is up to the level of MoD and full powers for cases within their +delegated financial powers . +(ii) Programme Director/ Director Lab/Estt would accord DP extension up to 24 +months for all cases where CFA is up to the level of MoD and full powers for +cases within their delegated financial powers . +(iii) DG (Cluster) concerned would accord DP extension for all cases where CFA +is up to the level of MoD irrespective of time lines. +b) DP extension (including ex- post -facto) with waiver of full/ partial LD : . The +competent authority for according such approval for procurement cases covered +under Appendix A and Appendix B of DFP is given below. Concurrence of Finance +would be obtained wherever the procurement case was originally sanctioned with +concurrence of Finance. Where DP extension is for a procurement relating to a +Project/Programme, extended DP would have to be limited to sanctioned +Project/Programme completion date. +(i) Project Director and Prog. Director would accord DP extension for all cases +within their delegated financial powers irrespective of timelines. +(ii) PJB/Director Lab/Estt would accord DP extension up to 12 months for all cases +where CFA is up to the level of MoD and full powers for cases within their +delegated financial powers irrespective of timelines. +(iii) PMB/ DG (Cluster) concerned would accord DP extension up to 24 months for +all cases where CFA is up to the level of MoD and full powers for cases within +their delegated financial powers irrespective of timelines . +(iv) Apex Board/ Secretary DD (R&D) to be empowered with full powers to accord DP +extension irrespective of timelines . +c) Revision of Supply Order / Expenditure Sanction on account of Statutory +changes such as taxation structure / rates, minimum wages and FE rate +variation : Project Director/ Programme Director/ Director (Lab/Estt) would accord +the approval and issue amendment to the Expenditure Sanction and Supply +Order/Contract ( irrespective of cost of the contract ) on account of any statutory +changes such as taxes/ levies or revision in minimum wages as per labor laws or +additional cash out go on account of FE rate variation. Such approval would +require the concurrence of associated finance, if applicable. The responsibility of +working out the revised amount and correctness thereof will rest with Head MMG \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_144.txt b/new_scrap/PM-2020.pdf_chunk_144.txt new file mode 100644 index 0000000..9907ccb --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_144.txt @@ -0,0 +1,35 @@ +130 + d) Change in item description/part number, part shipment/transshipment/lot +size without affecting DP and terms of payment, delivery terms/consignee : +The Competent Authority to accord such approvals would be as under: +(i) In respect of Contracts for which CFA is up to level of DG Cluster : CFA‟s +concerned with the concurrence of their associated Finance will accord the +approvals . +(ii) In respect of Contracts for which CFA is MoD : Director General concerned +with the concurren ce of their associated Financial Adviser will accord the +approvals. +10.5.3 Revision of Supply Order / Expenditure Sanction on account of ‘Growth of Work’ +for Repair/Maintenance Contracts : Revision in cost on account of Growth of Work +would be on pro-rata basis. Competent authority to accord the approval and issue +amendment to the Expenditure Sanction and Supply Order/Contract ( irrespective of +cost of the contract ) on account of growth of work would be as under, provided +approval of „Growth of Work‟ was obtained from CFA at time of demand +approval/expenditure sanction: +a) Up to 15% of original contract value –Project Dir/Programme Dir/Dir Lab/Estt. +Financial concurrence would not be required in such cases. +b) Beyond 15% of original contract value – CFA on cumulative basis as per delegation +of financial powers. Concurrence of associated finance would be obtained. +10.5.4 Arising due to change in scope of work : The proposal with due justification for +amending the SO/ Contract will be submitted on file to the CFA for approval. CFA may +consider constituting a committee to consider changes in Scope of Work and resultant +time & cost implications. Concurrence of financial advisor of CFA will be obtained as +per the delegation of financial powers. For procurements where CFA is higher than the +Secretary DD (R&D), Hon‟ble RM will approve the constitution of the said committee. +10.5.5 Acceptance of Excess or Short Deliveries : There may be occasions when excess or +short supplies are made by the Sellers due to various reasons like, exact multiples of +the standard units of measure, or where it is difficult to mention exact quantity (e.g. +weight in the case of steel plates, raw materials, consumables etc.). Wherever such +variation is anticipated, a provision should be made in the RFP for acceptance of the +excess/ shortfall in supplies and a clause on it shall form a part of SO/ Contract. +However, in the absence of such clauses in the SO/ Contract, the variations in supplies +may be accepted with the approval of CFA subject to the value of such excess/short \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_145.txt b/new_scrap/PM-2020.pdf_chunk_145.txt new file mode 100644 index 0000000..6e8039d --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_145.txt @@ -0,0 +1,33 @@ +131 + supplies up to 10% (ten percent) of the original value of the contract. CFA will be +determined with reference to the value of the original order plus excess supply. There +would not be any requirement of holding CNC to review such acceptance of excess/ +short supply. +10.6 DENIAL CLAUSE: +Variations in the rates of statutory levies within the original delivery schedule will be +allowed if taxes are explicitly mentioned in the contract/ supply order and delivery has +not been made till the revision of the statutory levies. Buyer reserves the right not to +reimburse the enhancement of cost due to increase in statutory levies beyond the +original delivery period of the supply order/ contract even if such extension is granted +without imposition of LD. +10.7 DELIVERY PERIOD (DP): +Timely delivery as per the DP stipulated in the supply order/ contract is one of the most +important procurement objectives. The stores/services are considered to have been +delivered/ completed only when the contractual obligations of Seller as stated in the +supply order/ contract, except the ones related to post acceptance, have been fully +met. +10.7.1 Failure to deliver within the DP : When the supplies/ services do not materialize within +the stipulated contract delivery date, the Buyer has the following options: +a) Extension of DP : Extend DP, if need persists, with/without imposition of LD and +denial clause in accordance with para 10.8 and 10.6 of this Manual respectively. +b) Re-fixing of DP: DP may be re-fixed, in the under-mentioned circumstances, with +the approval of CFA and the concurrence of financial advisor. Such re-fixation of +DP will always be without imposition of LD. +(i) Cases where delay is attributable to the Lab/Estt for whatever reasons. +(ii) Where product realization is dependent on approval of advance samples +and delay occurs in approving the samples even though submitted in time. +(iii) Cases where the entire production is controlled by the Government. +c) Canceling the contract in accordance with para 10.15 of this Manual. Lab/Estt. may +consi der purchasing the non-supplied quantity afresh if need persists. +10.7.2 Guidelines for the Extension of DP : Amendments affecting delivery period will not be +made as a matter of routine. In exceptional cases, where Seller has asked for revision \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_146.txt b/new_scrap/PM-2020.pdf_chunk_146.txt new file mode 100644 index 0000000..fdf635a --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_146.txt @@ -0,0 +1,35 @@ +132 + of delivery period justifying with sufficient reasons, approval of appropriate authority for +revision of DP will be obtained before communicating such extension to the Seller. +Normally, all DP extensions will be accorded with imposition of LD and denial of any +enhancement in statutory levies that takes place beyond the original DP. However, the +case may be examined on merit for limiting/ waiving off the LD in terms of para 10.8.2 +of this Manual when due justification exists. While extending the DP, ruling on +imposition of LD, interest on advances paid and admissibility or otherwise of +enhancement of statutory levies during the extended period, will invariably be +mentioned in the DP extension letter. Normally, t he Seller shall formally apply for +extension of delivery date prior to expiry of date stipulated in the supply order/ contract +justifying the reasons for not adhering to the specified date of delivery. Action for +extension of delivery date at the request of the Seller will be considered taking the +following factors into account: +a) Urgency of the requirement and whether delay involved has or will cause +any loss or inconvenience to the Lab/Estt. +b) It is to be ensured that all applicable BGs are revalidated to cover the +proposed extension. +c) Whether difficulties informed by the Seller are justifiable and the Seller has +made all efforts to carry out their contractual obligation in time. +d) In case of project requirements, the revised DP falls well within the PDC of +the project. +e) No delivery period extension is required to complete inspection if stores are +delivered within stipulated DP and accepted without any quantity or quality +claim. +f) All DP extension should normally be approved before the expiry of +stipulated delivery schedule, to obviate the need for ex-post-facto sanction. +g) In case of DP extension due to default of the Seller, the interest-free +advance paid would become interest-bearing as per para 6.44.2 (e) (iii) and +7.3.9 (c) of this Manual. +h) Price increase due to revision of statutory levies, exchange rate variation, +upward revision of price of Government controlled stores etc. will not be +admissible during the extended delivery period except when delays are +attributable to Labs/Estts to fulfill their contractual obligations or in case of +force majeure or in cases where delay is beyond control of the Seller which \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_147.txt b/new_scrap/PM-2020.pdf_chunk_147.txt new file mode 100644 index 0000000..e7d354a --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_147.txt @@ -0,0 +1,36 @@ +133 + is verifiable. +i) DP extension will be approved without prejudice to the right of the Lab/Estt +to impose LD (para 10.8.2 of this Manual ) depending upon the merit of the +case. +10.7.3 The letter of DP extension must cover the salient points as per the provisions of para +10.7.2 of this Manual. +10.8 LIQUIDATED DAMAGES (LD): +10.8.1 Quantum of LD : Depending on the merit of the case, quantum of LD to be charged +shall be 0.5% per week or part thereof, of the basic cost (excluding taxes & duties on +final product) of the delayed stores which the Seller has failed to deliver within the +period agreed for delivery in the contract subject to maximum of 10% of the total order +value. In cases where partial delivery does not help in achieving the objective of the +contract, LD shall also be levied on the total cost (excluding taxes & duties on final +product) of the ordered quantity delivered by the vendor. This will also include the +stores supplied within the delivery period. However, for development contracts the rate +of imposition of LD would be @ 0.25% per week or part thereof subject to maximum of +10% of the total order value. +10.8.2 Guide lines for imposing/ waiving off LD : Constructive assessment of reasons +contributing to delayed delivery and assessment of maximum LD will be done in terms +of preceding para. The following guidelines would be kept in mind while taking decision +for imposition/ waiving off LD: +No. Circumstances Quantum of LD +1 When the delay in supplies is totally +attributable to the Seller Full LD may be imposed in +accordance with para 10.8.1 of +this Manual +2 When the delay in supplies is partly +attributable to the Seller LD for the period for which the +Seller was responsible for the +delay in accordance with para +10.8.1 of this Manual +3 The entire delay was attributed to the +Lab/Estt or the delay was due to +circumstances beyond the control of +the Seller which is verifiable LD may be waived in full \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_148.txt b/new_scrap/PM-2020.pdf_chunk_148.txt new file mode 100644 index 0000000..3faaf9e --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_148.txt @@ -0,0 +1,35 @@ +134 + 10.9 OPTION CLAUSE: +The purchaser retains the right to place orders for additional quantity up to a +maximum of 50% of the originally contracted quantity at the same rate and terms of +the contract. Such an option is available during the original period of contract provided +this clause has been incorporated in the original contract with the supplier. Option +quantity during extended DP is limited to 50% of balance quantity after original Delivery +Period. +10.9.1 Conditions Governing Option Clause : The conditions governed by Option clause are +as under: +a) Option clause can be exercised with the approval of CFA under whose powers total +value of supplies of original contract plus 50% option clause falls. This option is +normally exercised only when there is no downward trend in prices as ascertained +through market intelligence. CVC have also reiterated the need to look at the +downward trend before exercising option clause. +b) In case of single vendor OEM, option clause should be normally operated up to +50% subject to there being no downward trend. However, in multi vendor contracts, +great care should be exercised before operating option clause up to 50%. +c) In case provision of option clause has been opted up to a maximum of 50% of the +originally contracted quantity, repeat order option will not be applicable . +d) Option clause would not be invoked for the quantity where the total value of +supplies of original ordered quantity plus option clause quantity requires convening +of CNC in non-CNC cases. +10.9.2 CFA for Option Clause : CFA for the sanction of placement of order under option +clause would be decided by taking the values of original order & all subsequent orders +under option clause into consideration. Concurrence of Financial Advisor would be +obtained as per the delegation of financial powers. +10.10 TRANSIT INSURANCE COVERAGE: +10.10.1 Indigenous Procurement : Normally, all procurements from the indigenous sources +are made on FOR (destination) basis and, therefore, do not require transit insurance. +Procurements costing above Rs. 2.5 crore, with delivery term other than FOR +(destination) will be insured. For procurements costing up to Rs. 2.5 crore, with delivery +term other than FOR (destination), Director will use their discretion to decide whether +the stores need to be insured or not. It is advised to invariably take insurance for the +sensitive/ delicate/ fragile/ equipment/ machinery and scientific instruments where \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_149.txt b/new_scrap/PM-2020.pdf_chunk_149.txt new file mode 100644 index 0000000..ffbcedd --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_149.txt @@ -0,0 +1,33 @@ +135 + probability of loss or damage is considered high . Whenever it is decided to insure the +stores, such insurance would be taken through a nationalized insurance agency or their +subsidiaries against loss or damage in transit. Insurance cover will invariably be +obtained from the insurance agency before dispatch of the consignment by the Seller . +10.10.2 Import : In case of procurement from foreign sources all consignments, on Ex-Works/ +FAS/ FCA/ FOB/ CPT/ CFR basis, shall invariably be insured. +10.11 REPEAT ORDER (RO) CLAUSE: +10.11.1 Provision for repeat order clause should not be made as a matter of course in the RFPs +as these clauses have an impact on price. RO clause may be provided in the RFP only +in exceptional circumstances, where the consumption pattern is not predictable. Under +this clause, the Buyer retains the right to place orders for additional quantity up to a +maximum of 50%, including order placed under Option Clause, of the originally +contracted quantity at the same rate and terms of the supply order/ contract . +10.11.2 Conditions Governing RO : If a demand is received for an item or items previously +ordered by Labs/Estts or other DRDO Labs/Estts or other Government scientific re- +search institutions, repeat order may be placed without fresh tendering/negotiations , +even if R.O clause is not mentioned in the Original S.O provided that : +a) Items ordered have been delivered successfully. +b) The original order was placed on the basis of lowest price negotiated by TPC/NC +wherever applicable and technically acceptable offer and was not on delivery +preferences. +c) The repeat order is placed within twelve months from the date of supply and only +once by the Lab/Estt, the total quantity to be ordered /purchased on repeat order +does not exceed 50% of original order. However if the original order was for +single quantity, repeat order can be made for the same. +d) The requirement is for stores of identical description/specifications. +e) The supplier‟s willingness to accept the repeat order on the same terms and +conditions as per the original order is obtained, where ever R.O clause is not +mentioned in the Original S.O . +f) The CFA is satisfied that there is no downward trend in the market price of the +item and a clear certificate is appended to that effect if the enquiry is floated +afresh, the expenditure is not likely to be less. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_15.txt b/new_scrap/PM-2020.pdf_chunk_15.txt new file mode 100644 index 0000000..18ac9dd --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_15.txt @@ -0,0 +1,42 @@ +15 + a) Build- up: Five years beyond completion of all contractual obligations. +b) Project : Five years beyond closure of the Project or completion of all contractual +obligations, whichever is later. +2.7 R&D PROCUREMENT: +2.7.1 Department of Defence R&D acts as designer, developer and integrator of various +technologies from engineering and scientific knowledge base to realize products/ +systems required by Armed Forces. +2.7.2 Procurement for R&D includes purchase of non-commercial items and goods/ services +that do not exist or require new features. To realize such requirements, it is imperative +to embed sufficient flexibility in the procurement procedures like: +a) Pre-Qualification of Bidders : To be able to screen the potential sources of +supply by employing pre-qualification of bidders for the realization of high end +technology equipment/ turnkey contracts requiring multi-disciplinary expertise. +b) Cost estimation : Provision to continue with the procurement process even if the +quoted cost is beyond the expected variation with respect to the estimated cost. +c) Revision of specification to meet the objective : To be able to admit minor +revision in the technical parameters/ specifications emerging during the technical +evaluation of bids or clarification received from the bidders, which does not affect +the basic functional requirement of the product. +d) Commercial terms : To be able to admit broader commercial terms like +involvement of Indian Agent in the procurement process where inescapable ; +acceptance of recommendations of Techno-Commercial Evaluation Committee +(TCEC) by the Director/nominated officer; Repeat Order for 50% of the original +ordered quantity and flexible payment terms etc. +e) Selection of service provider b ased on combination of “ Price” and “non -Price” +attributes under certain conditions. +2.7.3 Leasing of Systems/Equipment etc : The Lab/Estt may resort to temporary acquisition +through leasing of equipment/ test facility/ platform when such equipment/ facility/ +platform is required only for specific purpose beyond which it may not be useful and +any other condition which may be suitable for leasing of the equipment with the +approval of CFA. +2.7.4 Since R&D is a continuous process involving iteration , it may not be desirable/ feasible +to change design/ development/ production partners till completion of technical/ user 16 + trials for supply of components/ sub-systems. Care should, therefore, be taken to follow +a transparent selection mechanism for selection of such partners through wide publicity +and after their capability/ capacity assessment. On the merits of the case, individual +items/ components specifically developed/ fabricated during the process of R&D may +be procured from development partners with the approval of CFA as per para 12.27. + + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_150.txt b/new_scrap/PM-2020.pdf_chunk_150.txt new file mode 100644 index 0000000..a9fb62b --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_150.txt @@ -0,0 +1,34 @@ +136 + g) The basic cost (excluding taxes & duties) of repeat order does not exceed the +basic cost (excluding taxes & duties) of the original supply order. +h) Quantity discount is sought from the vendor, if applicable. +i) The taxes and duties as applicable on the date of placement of repeat order will +be considered. +j) RO clause would not be invoked for the quantity where the total value of supplies +of original ordered quantity plus RO clause quantity requires convening of CNC in +non- CNC cases. +10.11.3 CFA for the RO : +a) If proposal for RO emanates from the Lab/Estt which has placed the original +order : CFA to be decided on cumulative basis (i.e. original cost, plus cost of ROs +placed, if any, plus cost of the proposal). +b) If proposal for RO emanates from the Lab/Estt. which has not placed the +original order but both the Labs/Estts. are in same cluster : CFA to be decided +on cumulative basis or DG (Cluster), whichever authority is higher. +c) If proposal for RO emanates from the Lab/Estt. which has not placed the +original order and the Labs/Estts are placed in different cluster: Wherever the +cumulative value falls within the financial power delegated to DGs, DG (R&M) would +accord approval. For other cases, CFA would be decided on cumulative basis or +Secretary Defence (R&D) whichever authority is higher. Such cases will be +forwarded to DF MM, DRDO HQrs for necessary action. +10.12 SERVICE CONTRACTS: +Service contracts would be entered to hire external professionals/ service provider s for +specific jobs which are well defined in terms of content (scope) and time frame for its +completion. These contracts would be regulated as per the procedures applicable for +the procurement of stores in this Manual. Signing of contract should be ensured while +hiring of services. The contract should have provision of performance evaluation at +defined periodic interval with the condition that the contract would be terminated +without cost in case of non-satisfactory performance. +10.12.1 Extension of Service Contracts : +Service contracts may be extended with the approval of appropriate CFA at same +terms & conditions/ price (taxes/ statutory levies will be applicable as per the rate +prevailing during the extended period), provided: \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_151.txt b/new_scrap/PM-2020.pdf_chunk_151.txt new file mode 100644 index 0000000..64dd965 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_151.txt @@ -0,0 +1,34 @@ +137 + a) The performance of the service provider is found satisfactory; and +b) There is no downward trend in the prices; and +c) It is administratively convenient to do so. +d) In non- CNC original order cases, the cumulative value of original contract +and all subsequent extensions including the proposed one does not require +convening of CNC. +10.12.2 Period of Service Contracts : There will be no limitation on duration ( number of years) +for concluding/ extending AMC/ Service Contracts cases and CFA can approve such +cases for any period provided the total value of cases for proposed period falls within +their delegated powers. However, the time frame of the service contract would be +decided on the merit of the case to attract competent service providers. +10.12.3 CFA for the Extension of Service Contract : The CFA for the sanction of the +extension of the service contract would be decided by taking cumulative value of +original contract and all subsequent extensions including the proposed one, i.e., original +cost + cost of extended contract(s), if any, plus cost of the proposal. +10.13 FORCE MAJEURE: +Neither party shall bear responsibility for the complete or partial non-performance of +any of its obligations (except for failure to pay any sum which has become due on +account of receipt of goods under the provisions of the supply order/ contract), if the +non-performance results from such Force Majeure circumstances as Flood, Fire, +Earthquake and other acts of God, as well as War, Military operations, blockade, Acts +or Actions of State Authorities or any other circumstances beyond the control of the +parties that might arise after the conclusion of the supply order/ contract. +10.13.1 Intimation regarding Force Majeure : The party for which it becomes impossible to +meet obligations under this supply order/ contract due to Force Majeure conditions, is +to notify in written form the other party of the beginning and cessation of the above +circumstances immediately, but in any case not later than ten days from the moment of +their beginning. +10.13.2 Certification of Force Majeure : Certificate of a Chamber of Commerce (Commerce +and Industry) or other competent authority or organization of the respective country +shall be a sufficient proof of commencement and cessation of the above circumstances. +10.13.3 Extension of Time : In such circumstances, the time stipulated for the performance of +an obligation under the contract is extended correspondingly for the period of time of \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_152.txt b/new_scrap/PM-2020.pdf_chunk_152.txt new file mode 100644 index 0000000..3db070f --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_152.txt @@ -0,0 +1,32 @@ +138 + action of these circumstances and their consequences. +10.13.4 Right to Terminate Supply Order/ Contract: If the impossibility to complete or partial +performance of an obligation lasts for more than six months, either party to the supply +order/ contract reserves the right to terminate the supply order/ contract totally or +partially upon giving prior written notice of thirty days to the other party of the intention +to terminate without any liability, other than reimbursement on the terms provided in the +supply order/ contract for the goods received. +10.14 DISPUTES/ ARBITRATION: +All the clauses, terms and conditions of the contract/ supply order will be explicit and +unambiguous to avoid disputes. If case of dispute, the action will be taken in +accordance with the dispute resolution or arbitration clause as incorporated in the +supply order/ contract. +10.15 TERMINATION OF SUPPLY ORDER/ CONTRACT FOR DEFAULT: +10.15.1 The Buyer may, without prejudice to any other remedy for breach of supply order/ +contract, by written notice of default sent to the Seller, terminate the supply order/ +contract in whole or in part if: +a) The Seller fails to deliver any or all of the stores or perform any other obligation +within the time period(s) specified in the supply order/ contract, or any extension +thereof granted by the Lab/Estt. +b) When the Seller is found to have made any false or fraudulent declaration or +statement to get the supply order/ contract or he is found to be indulging in +unethical or unfair trade practices. +c) When the item offered by the Seller repeatedly fails in the inspection and/or the +Seller is not in a position to either rectify the defects or offer items conforming to +the contracted quality standards. +d) When both parties mutually agree to terminate the supply order/ contract. +e) Any special circumstances, which must be recorded to justify the termination of a +supply order/ contract. +f) In pursuance of an award given by a Court of Law. +10.15.2 If the supply order/ contract is terminated in whole or in part; the Lab/Estt may take any +one or more of the following actions: \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_153.txt b/new_scrap/PM-2020.pdf_chunk_153.txt new file mode 100644 index 0000000..517cc3b --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_153.txt @@ -0,0 +1,33 @@ +139 + a) Performance Security /Warranty Bond will be forfeited and the amount will be +remitted to Govt. by way of MRO through Public Fund Account in favour of +concerned CDA (R&D); +b) Invoke the risk and expense clause if mentioned in the supply order/ contract. +c) The Seller shall continue to perform the supply order/ contract to the extent not +terminated. +d) Any other action as deemed appropriate. +10.15.3 These provisions at preceding para may be included in all supply order/ contracts. Any +decision on termination/ short closure of the contract/supply order would be taken by +the CFA with concurrence of associated finance, if applicable. +10.16 RISK AND EXPENSE PURCHASE: +10.16.1 Risk and expense purchase clause could be included in the RFP and the supply order/ +contract, if considered necessary. Risk and expense purchase is undertaken by the +Buyer in the event of the Seller failing to honour the contractual obligations within the +stipulated DP and where extension of DP is not approved. While initiating risk purchase +at the cost and expense of the Seller, the Buyer must satisfy himself that the Seller has +failed to deliver and has been given adequate and proper notice to discharge his +obligations. Whenever risk purchase is resorted to, the Seller is liable to pay the +additional amount spent by the Buyer, if any, in procuring the said contracted goods/ +services through a fresh supply order/ contract, i.e. the defaulting Seller has to bear the +excess cost incurred as compared with the amount contracted with him. Factors like +method of recovering such amount should also be considered while taking a decision to +invoke the provision of risk purchase. It may be noted that procurement under Risk & +Expense Clause must be completed within one year from the date of serving notice to +the defaulting Seller. +10.16.2 Alternative remedies to Risk & Expense Purchase Clause : The other remedies +available to the Buyer in the absence of the risk and expense clause are as follows: +a) Deduct the quantitative cost of discrepancy from any of the outstanding payments +of the Seller. +b) Avoid issue of further RFP‟s to the firm till resolution of the discrepancy. +c) Bring up the issue of discrepancy in all meetings with the representative of Seller. +d) Provision for adequate BG to cover such risks. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_154.txt b/new_scrap/PM-2020.pdf_chunk_154.txt new file mode 100644 index 0000000..58ee1fa --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_154.txt @@ -0,0 +1,8 @@ +140 + e) In case of foreign supply order/contract, approach the Government of the S eller‟s +country through the Ministry of Defence, if needed. + + + + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_155.txt b/new_scrap/PM-2020.pdf_chunk_155.txt new file mode 100644 index 0000000..3d8afa7 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_155.txt @@ -0,0 +1,32 @@ +141 + 11 CHAPTER 11 +SPECIAL FEATURES IN PROCUREMENT FROM ABROAD +11.1 GENERAL: +Although, proposals for procurement of goods/ services with likely participation of +foreign bidders will continue to be processed as per the procedure laid down in the +preceding chapters, Labs/Estts are advised to address some special features as +explained in this chapter for such procurements . +11.2 DEMAND PROCESSING, BIDDING, PLACEMENT OF ORDER & MONITORING: +The procedure for demand initiation & approval, RFP & Bid processing, placement of +SO/ Contract and monitoring will be as per the guidelines given in preceding chapters +of this Manual. However, following additional aspects need to be considered where +participation of foreign bidders is anticipated. +11.2.1 Foreign bidders will be asked to quote CIF/CIP cost up to a specified place of delivery +in addition to the FOB/ FCA (gateway) cost. It would also be clarified that +a) CIF/CIP cost is for the purpose of bid evaluation and the Buyer reserves the right +to place order on either FOB/FCA (gateway) or CIF/CIP (destination) basis; and +b) If the CIF/CIP cost is not indicated, their bid will be loaded by 10% of FOB/FCA +cost to arrive at the price for the purpose of bid evaluation. +11.2.2 In case the legislation of a country does not permit the OEMs and/or other vendors/ +bidders to respond directly, RFP may be issued to the designated agency in that +country. +11.2.3 Copy of the RFP under open bidding mode may be forwarded to prospective +Embassies/ High Commissions in India and Indian Embassies/ High Commissions +abroad for wider publicity. The cost of RFP documents will not be insisted upon and left +to the discretion of the respective Embassies/ High Commissions abroad. +11.2.4 Lab/Estt may seek clarifications, if any, on the bids through correspondence/ fax/ e- +mail. +11.2.5 Generally, foreign bidders do not extend the validity of offer , the bid evaluation, etc. +should be done promptly to avoid expiry of quotations and revision of prices. +11.2.6 Handling of Reps of Foreign Firm: In certain cases, bids are received directly from OEM +and they authorize an individual or firm in India to represent them in TCEC or CNC. In \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_156.txt b/new_scrap/PM-2020.pdf_chunk_156.txt new file mode 100644 index 0000000..acc9bf4 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_156.txt @@ -0,0 +1,33 @@ +142 + such cases, authorization letter from OEM should be recorded in the minutes of TCEC +or CNC meeting and participant should be referred to/ recorded only as rep authorised +to attend the meeting on behalf of said OEM and not as Indian Agent. Care should be +taken in all such cases that the person authorised to attend the meeting on behalf of +OEM is expected to submit clarifications/ revised bid etc., as the case may be, only in +the original letter head of the OEM. It is re-emphasized that only Indian Agent enlisted +as per para 3.6 of this Manual or 100% subsidiary of OEM in India may submit offer on +behalf of OEM if they have been authorised for the same by the OEM. +11.2.7 In respect of bids received from abroad, it may not be always possible for the foreign +bidders to come for CNC meeting except for high value items. In such cases, CNC may +invite revised best offer with all terms clarified from the lowest bidder through fax/e-mail +before finalizing the price. +11.2.8 The term of delivery should preferably be decided on FCA/FOB (gateway) basis. +However, the Buyer may finalize any other term of delivery on the merit of case as per +the INCOTERMS 2020 issued by International Chamber of Commerce (ICC). +11.2.9 Confirmed LC as a condition of payment should be avoided as it undermines the +credibility of our nationalized banks. +11.2. 10 The nature of services to be rendered by Indian agent of OEM/ foreign Sellers, if any, +and the commission payable to Indian agent shall be explicitly reflected in the supply +order/contract. The commission shall be paid in accordance with para 11.3 of this +Manual . +11.2. 11 CFA will be determined on the basis of 110% of the negotiated cost to cater for basic +customs duty, currency fluctuation, freight and bank charges as applicable. However, +should the expenditure exceed this limit, approval of appropriate CFA will be taken at +actual. +11.2. 12 The letter conveying the expenditure sanction for the foreign procurement should +invariably incorporate the total amount to be paid in foreign currency including +insurance and freight charges as well as mode of payment (through LC or DBT). +11.2. 13 Payments towards training, installation & commissioning and AMC of capital equipment +should be explicitly mentioned in the contract/ SO. +11.2. 14 Supply orders shall include special instructions, if any, governing packing/ forwarding, +insurance, airfreight, transportation, etc. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_157.txt b/new_scrap/PM-2020.pdf_chunk_157.txt new file mode 100644 index 0000000..0dc148b --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_157.txt @@ -0,0 +1,33 @@ +143 + 11.2. 15 Where Indian/ regional offices of foreign firms are to provide after sales services, such +as installation & commissioning, execution of warranty operations and post-warranty +maintenance etc ., such stipulation will be explicitly mentioned in the terms and +conditions of the supply order/ contract. +11.3 HANDLING OF INDIAN AGENTS: +Where Indian agents quote on behalf of their foreign bidder/ OEM as per their +authorization, they would be required to enlist themselves as per para 3.6.1 of this +Manual. In such cases conditions for appointment of agents by foreign vendors as +mentioned at para 7.2.5 would also be applicable. +11.3.1 The amount of commission payable would be brought on record and made explicit so +as to ensure compliance of tax laws and prevent leakage of foreign exchange. +11.3.2 Commission payable will preferably be paid in Indian rupees in compliance with the +Foreign Exchange Management (Current Account Transactions) Rules, 2000 issued +vide Notification No G.S.R. 381(E) dated 03 May 2000 and the directions issued by +Reserve Bank of India under Foreign Exchange Management Act from time to time. +Where the agency commission is payable directly by the foreign principals/ OEM, an +undertaking would be obtained from the Indian agent to the effect that agency +commission shall be received through inward FFE remittance through banking +channels and will be accepted in Indian rupees only. +11.3.3 The negotiation on amount of commission shall be avoided as it leads to under +reporting of the commission. +11.3.4 TDS, as per prevailing rules, will be deducted from the agency commission payable to +the Indian Agent. +11.3.5 All particulars relating to agency commission will be reported by Lab/Estt to the +Enforcement Directorate (www.enforcementdirectorate.gov.in) . +11.4 INDIAN/ REGIONAL OFFICE OF FOREIGN OEM: +Where regional offices of foreign firms have been authorised and set up within the +country, they will not be treated as agents of the foreign firms and financial dealings +with such regional offices will be restricted to the norms stipulated by the RBI for each +specific case. Such regional offices form integral part of the foreign vendors and their +functions are totally controlled by their corporate office abroad and hence are not +entitled to any agency commission. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_158.txt b/new_scrap/PM-2020.pdf_chunk_158.txt new file mode 100644 index 0000000..f9b340f --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_158.txt @@ -0,0 +1,32 @@ +144 + 11.5 PROJECTION OF FE REQUIREMENT: +Labs/Estts are required to forward their consolidated requirement of foreign exchange +(FE) to DFMM/ DRDO HQ in the month of February for the next Financial Year ( FY) as +per DRDO.FE.01 . +11.6 FE RELEASE & NOTING +11.6.1 Bulk Release & Noting : Allocation of bulk FE and its noting will be made by DRDO HQ +(DFMM) . This allocation will be made at the beginning of financial year and on as- +required basis. +11.6.2 Item release by Labs/ Estts/ Program : No separate approval/ sanction for FE release +would be required for import procurements. The release of FE will only be noted at the +Budget Cell of the Labs/ Estts. after the expenditure sanction has been concurred by +financial advisor and approved by CFA as per the delegation of financial power. +Payment will be made to the beneficiary as per the terms and conditions of the SO/ +Contract through CDA (R&D)/ Bank concerned. +11.6.3 FE release would be noted on the basis of CIF/CIP cost. It will, therefore, be ensured +that amount paid towards customs, freight and insurance charges are noted against the +foreign exchange allocation even if these are paid in Indian rupees. +11.6.4 FE release would not be noted in excess of bulk allocation in anticipation of additional +release from DRDO HQ. Additional allocations will be sought well in advance from +DFMM to obviate delay. +11.6.5 Lab will ensure availability of funds in rupee in the relevant budget head to cover FE +released on cash outgo basis in the financial year. +11.7 DENOTING/ RENOTING OF FE: +Unutilized bulk FE allocated to the Lab/Estt by DRDO HQ on cash outgo basis for the +financial year will lapse at the end of the financial year. Similarly, unutilized item-wise +financial year release on cash outgo basis for all the cases lapses at the end of the +financial year and needs to be denoted and renoted, if required, in the next FY. +a) Bulk Denoting : Surplus FE available with Lab against bulk allocation may be +denoted by sending a request to DFMM as soon as it is noticed. +b) Item Denoting/ Renoting : All Denoting/ Renoting of the item-wise FE released +against item shall be done at Lab level only. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_159.txt b/new_scrap/PM-2020.pdf_chunk_159.txt new file mode 100644 index 0000000..7f925b6 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_159.txt @@ -0,0 +1,33 @@ +145 + 11.8 REPORTING AND MONITORING OF FE: +The status of FE release/ noting made at Lab/Estt level will be reported periodically to +DFMM, DRDO HQ. +11.9 END USE CERTIFICATES: +In case, End Use Certificate (EUC) is demanded by the Seller for getting export +clearance, Labs/Estts will provide the same as per the guidelines issued by Directorate +of International Cooperation (DIC), DRDO HQ from time to time. +11.10 IMPORT CERTIFICATES: +For certain categories of stores, Import Certificate is required to facilitate export by the +Seller from their country. Such certificates will be issued by DIC, DRDO HQ. +Labs/Estts may approach DIC, DRDO HQ for the same. +11.11 PAYMENT TO FOREIGN SELLER: +Payment to foreign Seller is normally made through LC/ DBT as per following +provisions: +11.11.1 The LC for the amount payable will be opened as per the milestone specified in the +order/ contract through the paying authority. In the event of cancellation of a supply +order/ contract due to reasons beyond control of the Lab/Estt, the banking charges +already incurred for opening of LC will be regularized as cash loss as per the +delegation of financial powers. Procedures for payment through LC and DBT are given +in Anne xure ‘A’ of this Manual. Availability of funds will be as per provisions of para +9.1.3 of this Manual. +11.11.2 Advance Payments : Advance payment to a foreign Seller, as per conditions specified +in the order/ contract would be made against proforma invoice and BG/ Standby LC in +favour of the Director of the Lab/Estt, for 110% of advance payment, from a first class +bank. Before payment, Labs/Estts should refer the received BG/ Standby LC to the +State Bank of India to authenticate the status of the bank from which it is given by the +foreign Seller. Format of the BG is given at DRDO.BG.02. +a) Advance payments to Govt. Dept., Govt. research institutions etc. of foreign +countries would be governed as per the terms and conditions of umbrella +agreement, if existing, between the two Governments. +b) The advance payments to the foreign Sellers by Labs/Estts would be subject to +the Rules of the RBI in force on the date of payment. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_16.txt b/new_scrap/PM-2020.pdf_chunk_16.txt new file mode 100644 index 0000000..f2b41de --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_16.txt @@ -0,0 +1,63 @@ +17 + 3 CHAPTER 3 +VENDOR MANAGEMENT - REGISTRATION AND EVALUATION +3.1 GENERAL: +a) The objective behind identification of proper sources of supply, registration of firms +and their periodic evaluation is to obviate the necessity of de novo search of a +Seller for each demand. An exhaustive directory of reliable firms dealing with +different categories of stores is an essential pre-requisite for prompt initiation of +purchase action. Such approved firms will be known as registered firms/ vendors. +b) Selection and registration of firms, their performance appraisal and classification +must be clearly spelt out in unambiguous terms. Providing equal opportunity and +ensuring fair competition are also important requirements to achieve transparency. +For this purpose, the Lab/Estt may invite offers from prospective Sellers for +registration by giving wide publicity. Such registration will be done in accordance +with the criteria and qualifications prescribed in the registration notification. +c) Lab/Estt may register a firm on their own initiative without going in for registration +process by recording the reasons for the same and with the explicit approval of +Director / Head of the Lab/ Estt. +d) The electronic directory/ data base of registered firms on DRONA will be +continually updated by exploring new firms and by sharing of such information +among Labs/Estts with emphasis on reliable sources of supply. +3.2 SOURCE SELECTION: +The selection of firms, with potential to successfully execute supplies against orders +placed by the Buyer, will be done on the basis of information obtained through the +following sources: +a) User divisions and written suggestions from scientists. +b) Referred by consultants/ subject experts. +c) Central purchase organizations of Government of India, +d) Industrial directories/ trade journals. +e) Advertisement through electronic media +f) Inter-Service organizations/ Government/ Scientific or Research Institutions/ other +DRDO Labs/Estts, etc. 18 + g) Technical literature circulated by firms. +h) Responses received against „Open Bidding ‟. +i) Response to Expression of Interest (EOI). +3.3 REGISTRATION OF INDIGENOUS FIRMS: +Registration of indigenous firms would be done for specific items/ class of items under +following categories: +3.3.1 Manufacturers/ Distributors : The registration will be awarded to the firms who are +manufacturers or authorized stockists/ distributors/ dealers of Commercially-Off-The- +Shelf (COTS) Items. +3.3.2 Service Providers: Firms which are providing professional services for the outsourced +jobs and maintenance services such as AMC of computers, air conditioners and other +utility services to the Lab/Estt would be registered as Service Providers. +3.3.3 Fabrication/ Production (P) Agency : The firms having only production facilities for +converting designs into hardware or end stores or those capable of specified process +such as fabrication, casting, machining etc. will be included in this category. These +firms do not have any contribution of intellectual property. +3.3.4 Development and Production (DP) Agency : The firms having capability for +development/ up-gradation and manufacturing would be categorized as DP. Such firms +do not have infrastructure for design, i.e., conversion of a concept into an engineering +design. +3.3.5 Design, Development and Production (DDP) Agency : The firms having design +capability and infrastructure for research & development apart from manufacturing +capability covering all requirements of a quality system would be categorized as DDP. +3.3.6 Others : Firms not falling in any of above categories may be registered under this +heading . +3.4 PROCEDURE FOR REGISTRATION OF INDIGENOUS FIRMS: +3.4.1 Registration process may be initiated by responding to firm‟s advertisements or through +trade fairs and exhibitions or through market surveys or by issuing a notification on +DRDO website and CPP Portal. Invitation for registration of vendors will be made in a +three year cycle. +3.4.2 ToT holders of DRDO Technology : ToT holders of DRDO technology would be \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_160.txt b/new_scrap/PM-2020.pdf_chunk_160.txt new file mode 100644 index 0000000..ae106a8 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_160.txt @@ -0,0 +1,34 @@ +146 + 11.11.3 Payment of Training, Installation & Commissioning and AMC Charges : Payment +for these services should be released after completion of service preferably through +DBT. +11.12 INSURANCE COVERAGE: +The transit insurance coverage will invariably be taken for all procurements on +Ex-Works/ FCA/ FOB/ CPT/ CFR basis. Air Consolidation Agency (ACA) contract of +DRDO has provision of mandatory insurance cover for all imports. For destinations not +covered under ACA Contract or where Labs/Estts is not using the facility of ACA +contract for whatever reasons, transit insurance coverage will be taken through a +nationalized insurance agency or their subsidiaries for all imports . +11.13 SHIPPING AND AIR-FREIGHTING: +The consignment will be dispatched by the foreign Sellers as per the shipping +instructions contained in the supply order/ contract. +11.13.1 Where the mode of transportation of shipment is by sea, the Lab/Estt will follow the +shipping instructions issued by the Ministry of Shipping & Transport, Parivahan +Bhawan, Sansad Marg, New Delhi – 110 001. +11.13.2 For dispatch of consignments by air, the Labs/Estts will follow the instructions given as +in the ACA Contract concluded by DFMM . +11.13.3 Cases of direct shipment are to be avoided. However in exceptional cases of direct +shipment, the Labs/Estts may make suitable arrangement for completing other +formalities like customs clearance, etc. The services of ACA/ Embarkation HQ may be +availed after finalizing the terms. +11.14 CUSTOMS CLEARANCE: +Government has exempted certain imports made by DRDO from payment of Customs +Duty through notifications issued from time to time. These benefits will be availed by +the Labs/Estts on imports by issuing necessary Custom Duty Exemption Certificates +(CDEC) as per prescribed formats. +11.14.1 Direct Imports : Direct import implies that Lab/Estt is importing directly from foreign +Seller. Every financial year, DRDO HQ may authorize one/more officer(s) not below the +rank of Deputy secretary as nominated by Lab/Estt through a certificate signed by CC +R&D (R) /DG (R&M) to issue CDECs for all direct imports under custom notification +51/96 as amended . In addition, direct import by DRDO Labs/ Estts/Programmes is also +covered under custom notification 39/96 as amended. Govt. may impose custom duty \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_161.txt b/new_scrap/PM-2020.pdf_chunk_161.txt new file mode 100644 index 0000000..856f316 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_161.txt @@ -0,0 +1,33 @@ +147 + which needs to be paid in spite of issuing CDEC. Lab/Estt would take suitable action for +the payment of customs duty directly or through clearing agent. +a) Following documents will be required to clear the goods from customs: +(i) Original Bill of Lading duly endorsed by bank and consignee (for ship +consignments), + Or +Original Air Way Bill (AWB) or Bank Release Order (BRO) (for air +consignments), +(ii) Invoice, +(iii) Packing list, +(iv) Copy of supply order/ contract, +(v) Technical write-up and descriptive catalogue/literature, +(vi) CDEC if applicable, and +(vii) Any other relevant documents. +b) On the arrival of cargo or based on the manifest filed by the carrier, the bill of +entry is made by the clearing agency and submitted to the appraiser who will, in +turn assess the Customs Duty, if leviable, or exempt the consignment from duty. +To avail custom duty exemption, it is essential to ensure that the nomenclature/ +description of stores and cost tally with that in invoice to obviate any doubt as +discrepancy may lead to imposition of customs duty. +11.15 DEMURRAGE/ WAREHOUSE CHARGES: +In respect of Demurrage/ Warehouse charges, payment will be made first by Lab/ Estt./ +Embarkation HQ to the concerned appropriate authority without taking concurrence/ +approval of financial advisor/ CFA. The payment will be regularized by sending the +case to the appropriate Financial Advisor/ CFA on a monthly basis for obtaining ex- +post-facto concurrence/ approval. +11.16 REFUND CLAIMS: +If customs duty is paid for any consignment which is otherwise eligible for duty-free +import, the refund claims will be filed with custom authority immediately. All relevant +and supporting documents will be enclosed along with the claim for submission to Asst. +Commissioner of Customs (Refunds) for claiming refunds. +11.16.1 Appeals : Refund claims are filed with the Asst. Commissioner of Customs (Refunds) \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_162.txt b/new_scrap/PM-2020.pdf_chunk_162.txt new file mode 100644 index 0000000..f02bac4 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_162.txt @@ -0,0 +1,33 @@ +148 + with necessary documents. At times claims are rejected for reasons like: +a) Relevant documents not produced by the consignee, +b) Discrepancies exist in the documents produced, +c) Customs Notification under which exemption is claimed is not mentioned or +mentioned inaccurately, and +d) Delay in filing refund claim, etc. +Adequate care should be taken to ensure that customs refund appeals are not rejected +due to procedural lapses. +11.16.2 Appeal to Higher Authorities : If the appeal for claim has been rejected by Astt. +Commissioner of Customs (Refunds), Lab/Estt will file the appeal with the +Commissioner of Customs (Appeals) within mandatory period as decided by Customs +to avoid rejection. If this appeal is also rejected, and Lab/Estt considers the refund +claim should be processed further, an appeal can be filed with Customs Excise & +Service Tax Appellate Tribunal (CESTAT), New Delhi within stipulated time, on +payment of prescribed fees. Generally, the decisions of CESTAT are final and binding. +The appeals can, however, be taken up further with higher authorities in accordance +with procedures described in Customs Manual (http://www.cbec.gov.in). +11.16.3 Labs/Estts will maintain a register for 'Refund Claims for Customs Duty' which will be +updated with the latest progress of each case. Director and Head, MMG of the Lab/Estt +will periodically inspect this register. +11.16.4 Pay-back Demand Notice : All refund claims, which have been passed and refund +issued, undergo scrutiny of Central Revenue Audit. If any discrepancy in the claim is +found during such audit scrutiny, Custom authorities issue Pay Back Notice to the +importer for returning the amount refunded forthwith, along with the reasons for making +such untenable refund claims. In such cases, Lab/Estt will react promptly to sort out +problems. Inept handling of such cases will complicate the situation and may invite +adverse criticism from the higher authorities. +11.17 LOSS/ DAMAGE/ SHORT-LANDING: +Defence consignments are not normally opened by the Customs. If loss/damages are +suspected, a survey can, however, be conducted at the behest of the consignee/ +clearing agent in order to ascertain the loss/damage through a Survey Board duly +constituted by Director. Survey Board will have members from Lab/Estt, clearing agent, \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_163.txt b/new_scrap/PM-2020.pdf_chunk_163.txt new file mode 100644 index 0000000..2f435ca --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_163.txt @@ -0,0 +1,34 @@ +149 + carriers and insurance company. The board will submit its report within 30 days to the +Lab/Estt and clearing agent. Notice of liability for the loss/damage will be sent to the +Seller/carrier as the case may be, within 14 days of the completion of survey and claim +for the loss/damage/short-landing will be lodged within 120 days from the date o f +Airway Bill/ Bill of Lading. +11.18 INLAND TRANSPORTATIO N: +For air consignments through ACA contract, the consolidation agent will arrange +transportation to the Labs/Estts on prescribed rates as per the prevailing contract. In +case of sea consignments, Lab/Estt may approach Embarkation HQ to arrange for +transportation by rail/road and pay transport charges. Else Lab/Estt will depute a +representative for collection of stores directly from airport/ Embarkation HQ/ port. +11.18.1 It is important that Lab/Estt must obtain Handling Instructions from the Seller, especially +for the heavy/ delicate/ fragile consignments, and ensure its availability to the +Consolidator/ Inland Transporter to ensure safe transportation/ loading –unloading. +11.19 ACCEPTANCE/ ACCOUNTING OF IMPORTED STORES: +The procedure for inspection and acceptance of imported stores will be as per the +terms of the supply order/ contract. +11.20 DOCUMENTS USED IN IMPORT: +Brief description of commonly used documents in import are given below for clear +understanding: +11.20.1 Bill of Lading/ Airway Bill : These documents are evidence of the fact that the goods +have been dispatched by the exporter by sea/air and authorises the consignee/ +importer to claim the goods on arrival in India. +11.20.2 Invoice: The commercial invoice describes the merchandise, indicates the price, +identifies the Buyer and the Seller, vessel/name of the carrier, port of discharge, export +and import permit numbers, etc. +11.20.3 Certificate of Origin : This is required by the Customs authorities for clearance and for +assessment of duty, as duties on imports are country specific. +11.20.4 Weight Certificate: This certificate helps in organizing logistic arrangements for the +carriers and freight forwarders and transporters. +11.20.5 Insurance Policy : It is a contract between the insurer and the insured. The insured +pays a premium and the insurer agrees to indemnify against loss/ damage and other +perils of sea/ air carriage. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_164.txt b/new_scrap/PM-2020.pdf_chunk_164.txt new file mode 100644 index 0000000..f8cbdfe --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_164.txt @@ -0,0 +1,33 @@ +150 + 11.20.6 Packing List : Packing list indicates the exact nature, quantity and quality of contents +together with address, dimensions, weight, etc. of each package in a shipment and +helps in clearance through Customs. +11.21 EXPORT OF ITEMS NOT REPAIRABLE IN INDIA: +Occasions may arise when imported equipment/ defective parts needs to be sent to +OEM/ authorized agency for repairs/ replacement. Following documents would be +required for booking the store for export: +a) Export proforma, +b) Requisition for carriage, +c) Packing note-cum-invoice, +d) Airworthy certificate, +e) Airlift sanction, +f) Firm‟s letter of acceptance, +g) A copy of expenditure sanction accorded by CFA +h) „Not Repairable in India‟ certificate by the Director of Lab/Estt, +i) Initial import details like Bill of Entry, Bill of Lading/ AWB, etc., and +j) Appropriate safeguards to protect the Govt. property in the form of BG/ Insurance +cover. +11.22 SPECIAL PROVISIONS FOR EQUIPMENT IMPORTED FOR DEMONSTRATION/ +TRIAL/ TRAINING: +Special items imported by DRDO Labs/Estts for the purpose of trial or demonstration of +defence equipment are exempted from payment of customs duty under S No. 8 of +Customs Notification No. 39/96 (Goods imported for trial, demonstration or training +before an authority under the Ministry of Defence in the Government of India) as +amended. A certificate from the Under Secretary to the Government of India in the +Ministry of Defence is to be produced to the Assistant/ Deputy Commissioner of +Customs, in each case that the goods imported are for the purpose of trial, +demonstration or training. T he Lab/Estt will undertake, in each case, to pay the duty +leviable on such goods (except those which are certified by the said Under Secretary +as having been consumed in the process of trial, demonstration or training) which are +not re-exported within a period of two years from the date of import or within such +extended period that the said Assistant/ Deputy Commissioner may allow. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_165.txt b/new_scrap/PM-2020.pdf_chunk_165.txt new file mode 100644 index 0000000..9553234 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_165.txt @@ -0,0 +1,33 @@ +151 + 11.23 DRAWBACK CLAIMS: +Sometimes goods imported after paying custom duty are to be exported back to the +country of origin, on non-returnable basis. In such cases, a drawback claim can be +preferred on the Customs. Procedure for such claims is laid down in Customs Act, +1962 as amended. +11.24 SMALL VALUE IMPORTS THROUGH TA (DEFENCE) ABROAD: +For requirement of small value items where bidding process may not attract any +response or is not considered worthwhile, the services of Technical Advisers (TAs) of +High Commission of India (HCI), London/ Indian Embassy in USA and Russia, may be +availed for import/ purchase of such items. +11.24.1 Labs/Estts intending to avail such services, will seek demand approval/ expenditure +sanction from CFA/ noting of FE release and place funds at the disposal of High +Commission/ Indian Embassies through DFMM, DRDO HQ to enable TAs to make +payments for the purchases made through their liaison. +11.24.2 The normal procedure for freight forwarding and custom clearance, etc. will be +applicable for such procurements. +11.25 REPEAT ORDER AND OPTION CLAUSE: +Provision for Repeat Order/ Option Clause will be governed as per provisions in the +contract/ supply order as in the case of indigenous procurement. +11.26 PACKAGING AND DISPATCH: +The stores are required to be packaged to withstand the conditions of shipment and +short term storage in transit and in the country of destination. Following guidelines +should be observed in this regard: +11.26.1 The Seller shall be responsible for any loss or damage or expenses incurred by the +Buyer because of inappropriate packing. +11.26.2 Packages containing articles, classified as hazardous, should be packed and marked in +accordance with the requirements of the appropriate regulations governing their +dispatch by sea or air. +11.26.3 The Seller shall also comply with the detailed packaging and dispatch instructions as +specified in the contract/ supply order. + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_166.txt b/new_scrap/PM-2020.pdf_chunk_166.txt new file mode 100644 index 0000000..e63f6b9 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_166.txt @@ -0,0 +1,35 @@ +152 + 12 CHAPTER 12 +DESIGN, DEVELOPMENTAL AND FABRICATION CONTRACTS +12.1 GENERAL: +With the growth of indigenous industry and concurrent growth of the magnitude of the +tasks assigned to DRDO during last three decades, it has become necessary for the +organization to depend on the industry for sub-system development/ fabrication for +successful execution of the projects. It is obviously not possible to lay down rigid set of +procedures/ rules covering all contingencies for development/ fabrication contracts. +Therefore, flexibility has been built in to encourage potential firms/ partners to +undertake design, development and fabrication of items, equipment, plant and +machinery required by DRDO. Considering the industrial infrastructure and expertise +now available in the country, it is appropriate that DRDO should explore assigning the +tasks of development/ fabrication for the system/ equipment designed by them to the +private industry. +12.1.1 Development contracts, unlike the normal contracts/ supply orders, involve +development work against given design data/ technical specifications/drawings. Due to +vagaries of the nature of work based on evolving design, the prospective firms may be +reluctant to undertake such tasks owing to high level of risks expected during +development/ engineering processes. +12.1.2 Fabrication contracts involve lower risks and lesser uncertainties but firms are hesitant +to take up such contracts due to small quantitative requirements and relatively heavy +investments. These contracts are generally entered into for specific items, which are +not available off- the-shelf and are specifically fabricated to meet specific requirements. +12.1.3 The terms and conditions in respect of development/ fabrication contracts need to be +negotiated on the case to case basis. The progressing of development/ fabrication +contracts should be based on a collaborative approach between Lab/Estt and +Development Partner with the understanding that both are equal partners aiming at +optimum results. +12.1.4 Design, development and fabrication contracts undertaken by DRDO under „Buy +(Indian- IDDM)‟ categor y, relevant provisions of DAP- 2020 as amended will be +applicable. +12.2 PRINCIPLES AND POLIC Y: +Whilst it is not possible to lay down any rigid rules covering all the contingencies that +may arise in the finalization of specific development contracts, the following guiding \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_167.txt b/new_scrap/PM-2020.pdf_chunk_167.txt new file mode 100644 index 0000000..a1739e0 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_167.txt @@ -0,0 +1,35 @@ +153 + principles may, however, be followed : +a) Exploration of sources in the public and private sector should be as wide as +possible before placement of development order to encourage competition. +b) Ability of the Development Partner to execute work of the desired quality in the +required time schedule should be evaluated and verified by the Techno +Commercial Evaluation Committee. +c) Development contracts should preferably be concluded with two or more partners +in parallel, subject to the other bidder(s) agreeing to match the negotiated price +and conditions of L1, else, the full order may be placed on the L1 firm. Placement +of parallel contracts on two parties is desirable to have more than one source of +supply at bulk production stage. Besides, it also increases the probability of +successful completion of the developmental work in time. The ratio of splitting of +the proposed quantity between bidders and criteria thereof must be mentioned in +the RFP. Ratio of splitting would be preferably in favour of L1. +d) If requirement is meager or sources are limited or proposal is not considered cost +effective, a single source having expertise in the requisite field may be +considered with appropriate justification and approval of the CFA. +e) The ability of the firm to take up bulk production should be borne in mind while +exploring the sources for contracts which are likely to lead to large scale +production. +f) For assigning development/fabrication task, the information available with DGQA, +other DRDO Labs/Estts and Scientific Depts. may also be utilized to select +appropriate partner. The selected firm should have the capacity and capability to +undertake development and bulk production, even if it entails setting up of a +separate production line, provided their policies do not forbid them from such +commitments. Where bulk production is envisaged after design and development +by DRDO, association of a suitable production agency may be considered during +design and pre-production phases. +g) The RFP document would be issued free of cost. The facility to use testing/ +infrastructure facilities available in DRDO Labs may be extended to development +partner(s) as per mutually agreed terms on case to case basis. Labs would +decide the same and it would be reflected in the RFP. However, the anticipated +cost of such usage would be indicated in the proposal to CFA to determine the +cost of development. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_168.txt b/new_scrap/PM-2020.pdf_chunk_168.txt new file mode 100644 index 0000000..d59b5c6 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_168.txt @@ -0,0 +1,35 @@ +154 + h) Free Issue Material (FIM) to be used as raw material for use in +developmental/fabrication contract, would be safeguarded as per the provisions +of para 6.43.2 (c) and 7.3. 15 of this Manual . +12.3 INTELLECTUAL PROPERTY RIGHTS (IPR): +The IPR developed under a developmental contract, funded by DRDO, will be the +property of Govt. of India. In such cases, the firm will provide technical know-how/ +design data for production of the item to the designated production agency nominated +by the DRDO. It will, however, be permitted to receive, upon demand, a royalty free +license to use these intellectual properties for its own purposes, which specifically +excludes sale or licensing to any third party. +12.3.1 Joint IP Rights : In case of design, development and fabrication of capital equipment of +general nature where no design and development input is provided and only broad +specifications are given by the DRDO Lab/Estt, and/or the developer is sharing the +developmental cost, joint IP rights would be considered. +12.3.2 Even where joint IP rights are accepted, DRDO/ MOD/ GOI reserves the right to +develop an alternate source. In such cases it would be mandatory for the developer to +transfer the know-how of the product to the agency designated by DRDO. However, in +such cases development partner would be entitled to receive license fee/ royalty as per +mutually agreed terms. +12.4 TYPES OF CONTRACTS: +a) Developmental Contract +b) Fabrication Contract +12.5 DEVELOPMENTAL CONTRA CT: +Developmental contract is concluded for the development of an item as per given +design and specifications by DRDO for producing a specified quantity by the selected +development partner. These contracts may subsequently lead to placement of +fabrication/production contracts with unit production cost worked out based on +successful completion of the contract. +12.5.1 Developmental contracts are concluded to cover the following contingencies. +a) Where the industrially engineered models are to be developed by the contractor +based on the complete design data already evolved in the DRDO Lab/Estt during +design and development of a laboratory prototype. In such contracts, the +development would be based on the preliminary design/ technical specifications, +drawings and other information provided by DRDO Lab/Estt. The contractor will, \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_169.txt b/new_scrap/PM-2020.pdf_chunk_169.txt new file mode 100644 index 0000000..a66dc9e --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_169.txt @@ -0,0 +1,35 @@ +155 + however, prepare production/working drawings, material specifications and other +documents and develop an industrially engineered model. The development +partner would guarantee the material, workmanship and performance of the +equipment for a specific period. +b) Where designing, developing and engineering are to be undertaken by the +development partner as per given specifications under guidance of the DRDO +Lab/Estt, the expertise available in the industry will be utilized for accomplishment +of developmental task within stipulated time frame. Such contracts should +envisage the development of an industrially engineered model/ equipment and +supply of the same at various stages of progress of trial with drawings and other +related documents by the development partner as required. The development +partner would also be required to submit technical document stipulating +guarantee for the design, material, workmanship and performance of the +equipment for a specific period. +12.6 TYPES OF DEVELOPMENTAL CONTRACTS: +Developmental contracts will normally be of the following types : +a) Firm-Fixed-Price Contract. +b) Fixed Price Contract with Price Variation Clause. +c) Fixed Price Contract providing for Re-determination of Price. +d) Fixed Price Incentive Contract. +e) Cost Plus Contract. +Brief description/scope on each type of contract is given below: +12.6.1 Firm-Fixed-Price Contract : Firm fixed price contract means a contract in which a lump +sum amount is agreed upon for development/indigenization and supply of the +equipment based on data/ specifications supplied and which is not subject to any +adjustment during the performance of the contract due to any reasons whatsoever. The +firm or the contractor assumes full financial responsibility in the form of profit or loss. +This type of contract is best suited when reasonably definite design or performance +specification is available and when Lab/Estt of DRDO can estimate reasonable price of +development/ indigenization. +12.6.2 Fixed Price Contract with Price Variation Clause : This is the same as the firm-fixed- +price contract, except that upward or downward revision of contracted price can be +allowed on occurrence of certain contingencies beyond the control of the firm/contractor +such as increase/ decrease in wages or cost of material. An escalation formula must be \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_17.txt b/new_scrap/PM-2020.pdf_chunk_17.txt new file mode 100644 index 0000000..f92ec80 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_17.txt @@ -0,0 +1,65 @@ +19 + deemed as registered vendors and they would get added to the registered vendor data +base of DRDO. +3.4.3 No formal application for registration is necessary for the firms already registered with +other Inter-Service Organizations/ Government Dept/ reputed Scientific Institutions/ +NSIC etc. If a firm produces a certificate of registration from any of the above, the +registration committee may consider the registration certificate produced by the firm in +accordance with para 3.4.11 of this Manual. +3.4.4 Firms seeking registration with the Labs/Estts will have to apply separately for each +category in the prescribed application form, available on DRDO website or with +Labs/Estts, on payment of a non-refundable nominal fee of Rs.500/- payable in the +form of e-MRO/ bank draft drawn in favour of the “ PCDA/ CDA (R&D), (place) ”. The +specimen of "Application Form for Registration of Firms" is given at DRDO.VR.01 . +3.4.5 Eligibility for Registration: Any firm, registered under the appropriate Act in India, +who is in the business of manufacturing, stocking or marketing of goods and operating/ +operator of services of specified categories, shall be eligible for registration. The firm, +against whom punitive action has been taken, shall not be eligible for re-registration for +a period of two years or as notified . The registration requests may not be entertained +from such firms / stakeholders who have any interest in de-registered/ banned firms. +3.4.6 Criteria for the registration of the firm will be explicit and comprehensive and would be +publicized. The credentials of firms seeking registration will be verified to ascertain their +credibility with regard to their financial status, the manufacturing and quality control +facilities, past performance (for the goods in question), facility for after-sales service, +the business ethics and market standing etc. before registering them. Broadly following +factors will be borne in mind while registering a firm. The firm shall: +a) Possess the necessary professional, technical and managerial resources and +competence required. +b) Have sound financial standing, capacity, reliability, bonafides (Tax returns, Bank +Account details, Tax Registration details etc.). +c) Not be insolvent, in receivership, bankrupt or being wound up; +d) Not have its affairs administered by a court or a judicial officer; +e) Not have its business activities suspended; and +f) Not be the subject of legal proceedings for any of the foregoing reasons; 20 + g) The proprietor or directors and officers should not have been convicted of any +criminal offence related to their professional misconduct or not otherwise have +been disqualified pursuant to debarment proceedings. +3.4.7 The application forms received for registration will be screened by the Vendor +Registration Committee (VRC) appointed by the Director. The registration committee +will normally be appointed for a year. The constitution of the VRC will be as follows: +Sc. „F‟ or above Chairm an +Sc. „D‟/ ‟E‟ Member +Head MMG or Rep Member Sec retary +3.4.8 Specialists from the respective fields may be included in the Vendor Registration +Committee (VRC) while examining the applications of firms seeking registration. +Director may consider constituting more than one VRC for various types of stores/ +different categories of registration. The Chairman may co-opt any other specialist +members if considered necessary. The Director may re-nominate one or all members +for the next year. +3.4.9 VRC will scrutinize applications received for registration on periodic basis. VRC shall +verify the antecedents of the firm and where deemed necessary, the same may be +verified through the police department/ bankers of the firm as per the proforma for +"Verification of antecedents of the firms" given at DRDO.VR.02 . +3.4.10 Capacity verification of the firms seeking registration may be carried out, wherever +necessary by the registration committee based on the data asked and furnished by +them as per DRDO.VR.01 . +3.4.11 The satisfactory performance report of the firms, claiming to have been registered with +other Government organizations, must be obtained from the concerned organization, to +assess their suitability before registration. +3.4.12 In case of firms seeking re-registration, VRC will assess the past performance of these +firms. In case a firm has not been awarded any order during the currency of last +registration, the reasons for recommending renewal of registration would be explicitly +recorded. +3.4.13 After examination of the application forms and the reports mentioned above, VRC will +recommend the name/ list of firm(s) found acceptable as per DRDO.VR.03 to the +Director for approval. Adequate caution would be exercised before recommending any \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_170.txt b/new_scrap/PM-2020.pdf_chunk_170.txt new file mode 100644 index 0000000..dbb63c7 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_170.txt @@ -0,0 +1,36 @@ +156 + included in such contracts and a ceiling of escalation should also be fixed in the case of +long term contracts. Price variation clause can be provided only in long term contracts +where the original delivery period exceeds beyond 18 months. +12.6.3 Fixed Price Contract Providing for Re-determination of Price : This type of contract +is intended to eliminate the impact of contingencies due to causes other than those +foreseen in the case of fixed price contract with price variation. These contingencies +may be due to the development partner‟s unfamiliarity with the raw materials or +manufacturing processes, long term contracts, lack of specifications or the use of +performance rather than product specifications. In such cases prospective re- +determination of price could be done – +a) On request by either party +b) At stated intervals/ at a determinable time. +12.6.4 Fixed Price Incentive Contract : This type of contract is designed to provide a greater +incentive to the development partner to reduce the contract costs by providing higher +profits if costs are reduced and lower profits when costs rise. These costs, the ceilings +on target cost, target profit, a price ceiling and the formula for arriving at final cost are +all settled before the execution of the contract. This contract type will only be applicable +for ab-initio developmental contracts. +12.6.5 Cost Plus Contract : In this type of contract, the development partner is reimbursed the +costs incurred and also receives a negotiated profit for performing the contract, i.e., the +profit of the development partner and not the cost of development is fixed. +Development partner‟s respons ibility towards cost of the item is minimum except that +he has to use the same care and prudence as is expected under fixed price contracts. +This type of contract should be encouraged and concluded with development partner +only when the uncertainty which is involved in the contract performance is of such a +magnitude that the cost of performance cannot be estimated with sufficient +reasonableness to permit a type of fixed price contract. It is also necessary to ascertain +that the development partner has cost accounting machinery and that the cost is clearly +defined. A strict R&D surveillance has to be maintained by the Dept. to ensure that +costs are allocated fairly and correctly by the development partner. The RFP should +provide for the access to Development Partner ‟s books of accounts for verification of +the costs by inclusion of a book examination clause in the contract. Where supplies or +works have to continue over a long duration, efforts should be made to convert future +contracts on a fixed price basis, after allowing a reasonable period to the development +partner to stabilize their production methods. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_171.txt b/new_scrap/PM-2020.pdf_chunk_171.txt new file mode 100644 index 0000000..c6f9513 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_171.txt @@ -0,0 +1,37 @@ +157 + 12.7 FABRICATION CONTRACT: +Fabrication contract means a one-time contract concluded with a contractor or a firm +for fabrication and supply of components, sub- assemblies or an assembly, which are +not commercially available, against design drawings/ specifications to be supplied by +the Lab/Estt. +12.7.1 Fabrication contracts, which do not have elaborate system requirements, test +procedures and activity monitoring, can be placed following the normal procedures for +supply orders as given in the preceding chapters. Material Management Forms as +applicable for supply orders may be used for fabrication contracts with suitable +modification wherever required. Any other additional terms and conditions if applicable +to the fabrication contract may be included wherever desired. +12.8 CFA FOR VARIOUS CONTRACTS: +Various types of contracts can be adopted depending upon the nature, complexity and +time span of the developmental work/project. Firm-Fixed-Price contracts, Fixed Price +Contracts with Price Variation Clause and Fabrication Contracts will be concluded by +Lab/Estts as per the delegated financial powers vis-à-vis mode of bidding. Fixed-Price +contracts providing for Re-determination of Price, Fixed Price Incentive contracts and +Cost Plus contracts will be adopted only with the prior approval of Secretary Defence +(R&D ) or higher authorities through DFMM. Concurrence of finance will be taken as +per the delegation of financial powers. +12.9 COSTING AND TIME ESTIMATION: +Cost of developmental/ fabrication contracts will be estimated considering all elements +of cost, both Non-Recurring Expenditure (NRE) and prototype costs, systematically as +per costing and industrial engineering methods. These methods mainly rely on the +information furnished to the cost accountants by the engineers/ scientists through their +past experience of having performed similar (or same) task or by their precise +estimation of various inputs required to complete the contract, based on the firmed up +design drawing/data. The developmental contracts, which are being executed for the +first time, may not be amenable to these cost accounting techniques, hence personal +experience/ logical assessment/ experience of similar development by other Labs/Estts +may be utilized for arriving at approximate cost & time estimate and in achieving +optimum value for money when the contracts are concluded. Directors of Lab/Estt may +hire services of professional engineering and costing consultants (if desired, whenever +in-house costing is inadequate) for proper cost estimation in case of expected high +value contracts. +12.9.1 In case the developmental contract leads to production, it is expected that per unit \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_172.txt b/new_scrap/PM-2020.pdf_chunk_172.txt new file mode 100644 index 0000000..4bb4006 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_172.txt @@ -0,0 +1,34 @@ +158 + production cost should not be more than prototype cost (as per developmental contract) +after offsetting inflation. Sometimes, it is seen that firms undercut/ offer discount to +become L1 in the developmental phase and later jack up prices during the production +phase. Care should be taken by the CFA on the merit of the case to safeguard Govt. +interest. +12.10 PROCESSING OF DEVELOPMENTAL CONTRACT: +Some of the important steps involved in the processing of developmental contract are +as follows: +a) Firming up of vendor qualification criteria +b) Framing and Issue of RFP +c) Techno-commercial Evaluation of bids and convening of C NC +d) Placement of Contract/ Supply Order +e) Post Contract Management +12.11 INITIATION & APPROVAL OF DEMANDS: +Procedure for initiation and approval of demands for developmental/ fabrication +contracts will be as per Chapter 4 of this Manual. There would be no requirement of +“Performance Security” for the “Development Contracts” entered into by DRDO. This +will apply to “Development Contracts” only, as defined in Para 12.5 above. However, +Warranty Bond would continue to be obtained from successful development partner to +cover the DRDO interest during the warranty period. +12.12 FIRMING UP OF VENDOR QUALIFICATION CRITERIA: +Identification of appropriate vendors is a vital step and must be well considered. +Labs/Estts may use EOI route for firming up of vendor qualification criteria to find a +suitable developmental partner(s) as per procedure mentioned hereunder. +12.12.1 For identifying firms willing to participate as developmental partner in respect of +different categories/ products/ components, notice inviting Expression of Interest (EOI) +to be published on Central Public Procurement Portal (CPP-Portal) and DRDO Website +only. A notice calling for EOI/RFI will be issued/ published with “in -principle” approval of +CFA / DG Cluster (whichever authority is lower). The minimum number of products/ +components required to be submitted by the vendor for evaluation and likely demand +for those products/ components for the next two to three years after development may +be indicated, if feasible, in th e EOI. The attention of known prospective development +partner(s) will also be drawn towards EOI/RFI. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_173.txt b/new_scrap/PM-2020.pdf_chunk_173.txt new file mode 100644 index 0000000..7d1a057 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_173.txt @@ -0,0 +1,36 @@ +159 + 12.12.2 The EOI will contain the broad specifications and desir ed vendor qualification criteria, +i.e., details of the resources desired with the firm in developing the product/component. +The interested firms would be asked to submit the details of infrastructure and +resources available with them. +12.12.3 Interested firms will be allowed to visit the Lab/Estt to see the product/ component +required to be developed or to discuss the specifications of the proposed product. This +would be indicated in the EOI. +12.12.4 The Director of the Lab/Estt would constitute a committee to study desir ed resource +details, the details submitted by the firms and discuss the same with firms to fine tune +the broad specifications and firm up the vendor qualification criteria for the +developmental of product/ component. The committee will also estimate cost and time +required to realize the product. This committee will comprise of Chairman, technical +expert from a sister Lab/Estt or outside expert from other Govt. Dept./ academic +institution, MMG rep. and member secretary from User group. Rep of Finance may be +co-opted, if felt necessary in a given case. +12.12.5 In addition to above, the other provisions prescribed in the chapter 4 of this Manual will +be taken into account for processing of EOI. +12.13 REQUEST FOR PROPOSAL (RFP): +For developmental/ fabrication contracts, RFP should consist of general information +regarding the manner and methodology of bid submission, standard terms and +conditions, special terms and conditions for the contract being contemplated, vendor +qualification criteria, details of product/component to be developed, evaluation criteria +for the bids and template for price bid. The RFP ( DRDO. BM.02) will be prepared and +dispatched to all respondents of EOI as per the provisions given in Chapter 6 of this +Manual. The applicability of performance security in case of development contracts +would be governed as per para 12.11 above. While framing the RFP for developmental +contracts, vendor qualification criteria would be given special emphasis, as it is one of +the important factors for successful completion of the contract and identification of +potential bulk production partner. The bidders will invariably be asked to mention Non- +recurring Cost (NRE) with appropriate break-up and cost of prototypes explicitly in all +cases. +12.13.1 Acquiring Manufacturing Drawings and Associated Hardware : To develop an +alternate source of supply of an item developed and productionised by the development +partner, it is essential that the manufacturing drawings are available with Lab/Estt. +Since manufacturing drawings are evolved and finalised, it is likely that the \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_174.txt b/new_scrap/PM-2020.pdf_chunk_174.txt new file mode 100644 index 0000000..fa9b6b2 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_174.txt @@ -0,0 +1,34 @@ +160 + development partner would claim his rights on such drawings and may not agree to part +with them. Therefore, suitable clause should be included in the RFP clarifying that +manufacturing drawings prepared during the development phase shall be the property +of the DRDO/ Ministry of Defence and will be handed over to DRDO wheneve r +required. Further, these will also not be used by the development partner for any +purpose other than stated in the contract, without the written consent of DRDO. All dies/ +tools/die sets/ jigs/ fixtures/ moulds fabricated under the contract which are charged +separately will be returned to the Lab/Estt unless specified otherwise in the contract. +12.13.2 Return of Documents: Documents, specifications, drawings issued to development +partner(s) or prepared by them will be property of DRDO and the same will be returne d +to DRDO on demand. A provision to this effect shall be made in the RFP. A certificate +to the effect that required documents have been received in the Lab/Estt would be +furnished by the user. Any loss or damage to these documents shall be recovered from +the development partner. +12.13.3 Apportionment of Quantity : In cases where it is decided to award developmental +contracts to more than one development partner, it should be explicitly specified in the +RFP. The ratio of splitting of the quantity between various development partners +including criteria thereof must be pre-disclosed in the RFP as per provisions of para +6.45.1 of this Manual. The apportionment of the quantity would be done subject to the +other vendor(s) agreeing to match the negotiated price and terms & conditions of L1. In +case of deviation, the full order may be placed on the L1 firm, else alternate source +may be explored through separate bidding . +12.14 PRE-BID CONFERENCE: +In case of turnkey contracts or for development of sophisticated and complex +equipment, a suitable provision is to be made in the bidding document for a pre-bid +conference for clarifying issues and clearing doubts, if any, about the specification and +other technical details projected in the bidding document. The date, time and place of +the pre-bid conference must be indicated in the bidding document and should be +sufficiently ahead of the bid opening date. +12.15 REQUIREMENT OF SAMPL E: +Requirement of samples, if any, would be reflected in the RFP along with the manner +of their submission. The samples would be taken on no cost no commitment basis. +Clarifications where required, would be discussed in the pre-bid conference. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_175.txt b/new_scrap/PM-2020.pdf_chunk_175.txt new file mode 100644 index 0000000..8a11f0b --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_175.txt @@ -0,0 +1,33 @@ +161 + 12.16 BID PROCESSING AND CONDUCT OF CNC: +All other procedures e.g. bid opening, evaluation of techno-commercial bids, +conducting of CNC etc., would be done as per the details given in Chapter 6 of this +Manual. +12.16.1 Bid Evaluation : In cases where infrastructure requirement for the developmental +contract has been specified, TCEC will evaluate the feasibility/ verify the infrastructure +details submitted by the firms in order to assess their manufacturing capability and +genuine potential for developing the product/ component. +12.17 BREAK UP OF QUOTED PRICE: +The vendor should be asked to submit the detailed break-up of cost under the +headings materials (indigenous/ imported, quantity, cost), labour (number of man +hours, man hour rates, etc.), design and developmental, drawings and details of +overheads which will be vetted by the user at the time of CNC. Where applicable, the +last purchase price (LPP) of imported item or equivalent item may be taken as the +base price to arrive at the reasonableness of the quoted rates. In case LPP is not +available the base price will be arrived at by the process of benchmarking which will be +done prior to opening of the commercial bid. L1 will be determined as per provisions of +para 8.3 with reference to the developmental cost, including the cost of prototype and +the total quantity for which the initial orders are to be placed. +12.18 COST ESTIMATION: +For all developmental contracts costing above Rs. 5 crore, Director of the Lab/Estt will +constitute a separate Cost Estimation and Reasonability Committee (CERC) to +estimate a reasonable cost of the proposed developmental/ fabrication work. +Invariably user and finance reps would be members of this committee. +12.19 PRE-REQUISITES FOR PLACING DEVELOPMENTAL/ FABRICATION CONTRACTS: +The following steps will invariably be followed while entering into a developmental +contract: +a) Publication of EOI, where required. +b) Vendor qualification criteria will be part of RFP. +c) Non-Disclosure Agreement (NDA) will be signed. +d) Pre-bid conference will be held if required. +e) Cost estimate by CERC, as per para 12.18 of this Manual, to arrive at benchmark \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_176.txt b/new_scrap/PM-2020.pdf_chunk_176.txt new file mode 100644 index 0000000..d32968a --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_176.txt @@ -0,0 +1,32 @@ +162 + price prior to conduct of C NC. +f) The payment milestones/ stages will be defined unambiguously. +g) Contract Monitoring Committee (CMC)/ Progress Review Committee (PRC) will +be constituted as per the details given in para 12.22 of this Manual. +12.20 SIGNING OF CONTRACT : +The contract will be prepared as per MM Forms issued by DFMM and signed by both +the parties after approval of CFA as per the provisions of Chapter 9 of this Manual. +12.21 CONTRACT COMMENCEMENT AND COMPLETION DAT ES: +Care should be taken to ensure that the date of contract commencement and the date +of completion must be deterministic at any given point of time. Stages if any should +have well defined time schedules and specific milestones. +12.22 MONITORING PROGRESS AND MANAGEMENT OF CONTRACTS/ AGREEMENTS: +12.22.1 Responsibility to monitor the progress and operation of the Developmental/ Fabrication +contract will rest with the Lab/Estt that has concluded such contract. The Lab/Estt will +provide necessary guidance to the development partner as required from time to time +and will maintain close liaison with them to clarify any doubts during course of its +execution. +12.22.2 A Contract Monitoring Committee/ Progress Review Committee would be constituted by +the Director of the Lab/Estt with a member from MMG & QAC and a senior member +from other than user group. The committee would meet at least once in every quarter of +the contract period to monitor the progress of development. In case the progress is not +found satisfactory, committee would recommend suitable remedial measures. Where +required, the committee may advise extension of contract period or short/ stage closure +of the contract. +12.22.3 The recommendations of the committee on changes would be put up to to the CFA. +12.22.4 Any decision on cancellation of contract, stage or short closure of the contract would be +taken by the CFA with concurrence of associated finance, if applicable. +12.23 ACCESS TO CLASSIFIED DOCUMENTS/ SYSTEMS: +The nature of activity for developmental task demands a comprehensive knowledge of +the complete system/ documentation. Development partner will be allowed to access +pertinent classified details/documentation in the interest of execution of task. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_177.txt b/new_scrap/PM-2020.pdf_chunk_177.txt new file mode 100644 index 0000000..f98ab5e --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_177.txt @@ -0,0 +1,29 @@ +163 + Association of the development partner will be desirable for effective rectification of +design defects, if any, during trials of systems/ sub-systems, being developed as part +of the contract. In all such cases, the development partner and his employees, +connected with the assigned task, will be subject to the provisions contained in the +Indian Official Secrets Act and required to render certificate to that effect. +12.24 APPROVAL OF MILESTONES/ ACTIVITIES: +Contract having more than one process/ stage may require inspection/ approval of +completion of each process/ stage. The contract should clearly address this issue. +12.24.1 It is recommended to specify that the development partner shall give notice in writing to +the Lab/Estt for such inspections at least 10 days in advance. In the absence of such +notice by the development partner, the development partner shall be held responsible +for delay and in the event of any dispute in this respect; the decision of the Director +shall be final and binding. +12.25 AMENDMENTS TO CONTRACT TERMS AND CONDITIONS: +Any amendment in the contract would be done as per the provision contained in +Chapter 10 of this Manual. +12.26 REPEAT ORDER: +Placement of Repeat Order, if specified in the contract, would be governed as per +provisions of para 10. 11 of this Manual after offsetting the NRE cost. +12.27 PROCUREMENT OF DEVELOPED STORE FROM AGENCIES ASSOCIATED WITH +DEVELOPMENT: +Any item developed/ manufactured by Indian industry, public or private, with transfer of +technology from DRDO or through development contract, shall be procured from the +industry (ies) concerned only. The same industry(ies) shall also be approached for repairs, +overhauling or any other service for which facility has been set up by the industry (ies) +exclusively for development/production of the said item. Such cases would not be treated +as single tender procurement. + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_178.txt b/new_scrap/PM-2020.pdf_chunk_178.txt new file mode 100644 index 0000000..187503e --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_178.txt @@ -0,0 +1,33 @@ +164 + 13 CHAPTER 13 +PROCUREMENT OF TECHNICAL BOOKS AND JOURNALS +13.1 GENERAL: +The major objective of DRDO Libraries/ Technical Information (Resource) Centres/ +Knowledge Centres (KCs) is to provide relevant, required and current information at +the right time to the scientists working on various projects in the DRDO Labs/Estts. +These are not academic or general libraries but are special libraries and deal with +publications in special and focused subject areas. Books, technical reports, standards, +patents related information, databases, scientific journals and periodicals in print and +digital form are some of the important types of documents required by DRDO libraries. +Sometimes, journal articles, audio-visual, optical, multimedia and e-learning material +as well as ephemeral material may also be required for procurement. +13.2 DEMAND INITIATION: +The demand for the technical books and journals would be raised by the Library in- +charge of the Lab/Estt on the basis of requirements projected by the users of technical +library. Library in-charge may also raise demand for the periodicals and journals to +complete/ continue the collection in the Library. +13.3 LIBRARY ADVISORY COMMITTEE (LAC): +Director of the Lab/Estt may appoint a Library Advisory Committee consisting of +Chairman of the rank of Scientist 'E' or above, three to five members representing +various subject disciplines of the Lab/Estt and the Library In-Charge (Officer- In- +Charge) who will also be the Member Secretary. The LAC is an essential body +advising and guiding the library in its activities and services. The LAC also advises the +Director of the Lab/Estt on the policy matters pertaining to administration of library. +13.3.1 Functions of LAC : +The basic functions of the LAC are as under: +a) To lay down the general library policy and rules, +b) To scrutinize the demands for procurement of print and digital documents and +make necessary recommendations for approval of the CFA for balanced growth +of library resources, +c) To lay down and review the procedures for the library to optimize efficiency and +usage of the library services, \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_179.txt b/new_scrap/PM-2020.pdf_chunk_179.txt new file mode 100644 index 0000000..fbd5c73 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_179.txt @@ -0,0 +1,34 @@ +165 + d) To deal with any other matter concerning the library that may arise from time to +time. +13.3.2 The LAC will be advisory in nature and not to perform any administrative functions. The +decisions taken by the LAC will be subject to the approval of the Director of the +Lab/Estt. +13.4 PROCUREMENT OF BOOKS/ PUBLICATIONS OTHER THAN PERIODICALS: +Bidding process will not be mandatory for procurement of books/ publications other +than periodicals. The procurement procedure involves selection of books/ publications, +placement of order, receiving, accessioning, bill processing etc. are governed as per +the procedures outlined in “Procedures for Management of Libraries and Technical +Information Centre” issued by DESIDOC. These functions are almost common for +acquisitions of all kinds of library books/ publications except periodicals and scientific +journals. +13.4.1 In view of high costs, no library can afford to purchase all the information, materials, +documents needed or demanded by its readers even if they are relevant to the +establishment. Library should procure documents by following the golden rule "the most +relevant documents covering core and major subject interests of the establishment, for +the largest number of users and at the least cost" within the resources available. +Therefore, selection and procurement are important functions of a library for balanced +resources for current and potential use. +13.5 PROCUREMENT OF PERIODICAL PUBLICATIONS: +Acquisition of periodical publications is different because generally advance payment is +mandatory for subscription and renewal of periodicals. Either of the following methods +of procurement may be followed for procurement of periodicals. +a) Bidding process +b) Direct ordering +LAC may scrutinize the procurement proposals of periodicals and recommend +procurement through bidding or direct order placement to CFA on case to case basis. +In the absence of specific recommendations, bidding process must be followed for +procurement of periodicals. Direct ordering should be recommended only in +exceptional cases where bidding process is not practical. +13.6 GUIDELINES FOR PROCUREMENT FOR BOOKS/ JOURNALS: +DRDO has libraries/ Technical Information Centers/ Knowledge Centers functioning in \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_18.txt b/new_scrap/PM-2020.pdf_chunk_18.txt new file mode 100644 index 0000000..c4f370c --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_18.txt @@ -0,0 +1,67 @@ +21 + firm/vendor that they have not been debarred by MoD/DRDO. Status of barred/banned +firm may be obtained from the Dte of Vigilance & Security. If a firm has already been +registered in any other Lab/Estt under certain classification of stores, then its +duplication shall be avoided. +3.4.14 The firms approved for registration will be allotted a unique registration number which +shall remain valid for a fixed period not exceeding three years. The intimation informing +firm's registration will be sent to them as per DRDO.VR.04 . +3.4.15 The details of registration will include the MSME status (if applicable) and ownership +details such as SC/ST as per the guidelines of Ministry of Micro, Small and Medium +Enterprises ( www.msme.gov.in ). +3.4.16 In order to facilitate e-payment to the Sellers, information about name of beneficiary, +name of beneficiary bank, bank account number and IFS Code of receiving branch of +bank will be taken from the firms/ vendor seeking registration. +3.4.17 At the end of registration period, the registered vendors willing to continue with +registration are required to apply afresh for renewal of registration. New vendors may +also be considered for registration at any time, provided they fulfill all the required +conditions. +3.4.18 A register for allotment of registration numbers will be maintained by Labs/Estts for +each category which will include names of all firms registered with them. +3.5 REGISTRATION OF FOREIGN FIRMS +Labs/Estts should maintain a register of foreign firms dealing in various types of stores/ +items based on their satisfactory experience/ successful execution of SOs/Contracts . +Details such as type of items, address, telephone/ fax number, subsidiary office of the +foreign firm in India/ Indian rep (if any), rep for installation & commissioning of +equipment may be recorded in the register by Lab/Estt. The VRC will ensure +maintenance of the register of foreign firms. Firms included in the Register of Foreign +Firms as maintained by procuring entity would be considered as Registered Firms A +list of such firms will be updated regularly on centralized data base on DRONA. + +3.6 ENLISTMENT OF INDIAN FIRMS/ INDIVIDUALS AS AN AGENT OF A FOREIGN +OEM/ FIRMS: +It is not the policy of Government per se to look for, encourage or engage agents. +There is no need for engaging any such agent, wherever it is possible to secure 22 + supplies and ensure after-sale-services etc; on reasonable terms without the +intercession of agents. However, at times foreign OEM/ firms may employ Indian +agents for performing certain services on their behalf. Such cases would be governed +as per Rule 152 of GFR- 2017 and the Compulsory Enlistment Scheme of the +Department of Expenditure, Ministry of Finance. It would be mandatory for the Indian +agents to get themselves enlisted with the Lab/Estt or Central Purchase Organisation +to quote or provide any service on behalf of their foreign principals. Such enlistment, +however, is not equivalent to registration. +3.6.1 Procedure for Enlistment with Lab/Estt : Indian Agents of foreign OEM/ firms may be +considered for enlistment after obtaining following details:- +a) Name of foreign firm/ Original Equipment Manufacturer represented by the Indian +representative/ Indian agent; +b) Agency Agreement with the foreign principal giving details of contractual +obligation of OEM and its Indian agent and its validity; +c) PAN, name and address of bankers in India and abroad in respect of Indian +agent; +d) The nature of services to be rendered by Indian agent/ Indian representative; and +e) Commission payable to them by the foreign principal and mode of payment. +f) Conditions for appointment of agents by foreign vendors as mentioned at para +7.2.5 would also be applicable. +3.7 CRITERIA FOR ASSESSMENT OF PERFORMANCE OF REGISTERED VENDORS: +A vendor performance has to be assessed in a systematic manner for meeting various +standards set out by the Lab/Estt based on quality, delivery, price and service rating. +Several rating systems are available wherein some aspects can be objectively rated +whereas some cannot be, but they shall also be considered while evaluating the +vendors. Vendor rating provides basis for comparing one vendor against the other for +the purpose of eliminating the vendors who repeatedly fail to meet the required +standards. The vendors who are on the regular list should be periodically apprised for +their performance. VRC will periodically (at least twice a year) review the performance +of the firms registered with the Lab/Estt and submit report to the Director for further +necessary action. Performance of vendors registered with other Labs/Estts would also +be assessed by VRC and performance ratings of vendors will be intimated to the +registering Lab/Estt. Characteristics for the vendor rating are as under: \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_180.txt b/new_scrap/PM-2020.pdf_chunk_180.txt new file mode 100644 index 0000000..5dfbd21 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_180.txt @@ -0,0 +1,26 @@ +166 + its Labs/Estt. Keeping in view the special needs of these libraries, library procedure +manual titled “Procedures for Management of Libraries & Technical Information +Centers” , as amended, issued by Defence Scientific Documentation and Information +Centre (DESIDOC) after requisite approval of Secretary Defence (R&D) with the +concurrence of Addl. FA (R&D) & JS will be applicable. This manual provides detailed +guidelines for procurement of books, technical reports, standards, patents related +information, databases, scientific journals and periodicals in print and digital form, +journal articles, audio-visual/ optical/ multimedia and e-learning material. + + + + + + + + + + + + + + + + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_181.txt b/new_scrap/PM-2020.pdf_chunk_181.txt new file mode 100644 index 0000000..7fdf1c9 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_181.txt @@ -0,0 +1,31 @@ +167 + 14 CHAPTER 14 +OUTSOURCING OF SERVICES +14.1 GENERAL +14.1.1 Rule No. 198 of GFR-2017 iterates that a Ministry or Department may outsource certain +services in the interest of economy and efficiency and it may prescribe detailed +instructions and procedures for this purpose without, however, contravening the +guidelines given in succeeding paragraphs. +14.1.2 Out sourcing is the act of transferring some of an organization‟s non-core functions to +service providers/ contractors. +14.2 PURPOSE OF OUTSOURCI NG: +Outsourcing is often used to acquire services for following reasons: +a) Unavailability of service in-house +b) Focusing on core services +c) Reduction in cost +d) IT support etc. +14.3 TYPES OF SERVICES THAT MAY BE OUTSOURCED: +Types of services that are out-sourced by Lab/Estt may be classified in following +categories: +a) Services for which specific Government orders have been issued. +b) Services for which requirements are well known and the skill-set of the service +provider who can do the job is also well known, and there is no significant +advantage to have a service provider having higher skill-set. Such services would +be out-sourced as per the provisions given in earlier chapters. +c) Services for which minimum skill-set of the service provider who can do the job is +well known but service provider having higher skill-set would add significant value +to the outcome because requirements cannot be expressed in quantifiable terms. +This chapter specifically addresses out-sourcing of such services. +14.3.1 The following services have been covered under separate orders and, therefore, would +continue to be outsourced as per those orders. +a) Outsourcing of services pertaining to Basic Research Services e.g. Contract for \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_182.txt b/new_scrap/PM-2020.pdf_chunk_182.txt new file mode 100644 index 0000000..4feaccf --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_182.txt @@ -0,0 +1,34 @@ +168 + Acquisition of Research Services (CARS), Contracts for Acquisition of +Professional Services through IDST (CAPSI) will be governed as per the extant +orders. +b) All Security Contracts will be governed as per the guidelines issued by +Directorate General of Resettlement (DGR)/ Ministry of Defence. +14.4 IDENTIFICATION OF LIKELY SERVICE PROVIDE RS: +Lab/Estt will prepare a list of likely and potential service providers/ contractors on the +basis of formal or informal inquires from other Ministries or Departments or +Organizations involved in similar activities, scrutiny of „yellow pages‟, and trade +journals, if available, website etc. +14.5 SELECTION OF SERVICE PROVIDERS: +The selection of service provider/ contractor will be done as per any of the following +methods; as considered appropriate with the approval of CFA as per delegation of +financial powers in vogue. +a) Quality and Cost Based Selection (QCBS): Under normal circumstances, this +method of evaluation shall be used for services which are of generic and +recurring nature for which standard operating procedures have been prescribed +along with minimum qualifying criteria. The service provider will be selected on L1 +basis only as per the procedures described in preceding Chapters. +b) Combined Quality Cum Cost Based System (CQCCBS): This method of +selection shall be used for highly technical projects/ services/ assignments which +have high impact and hence it is essential to engage highly skilled agency which +offers their profession al services. Output of such services is highly dependent on +the expertise of the service provider. For such services weightage needs to be +given to higher technical standards, while finalizing the prices. The service +provider will be selected on L1-T1 basis as per para 14.8 of this Manual. +14.6 DEMAND INITIATION & APPROVAL UNDER QCBS : +Demand will be initiated and approved as per the provisions given in Chapter 4 of this +Manual . CFA will be determined as per the delegation of financial powers in vogue for +selection of service provider. +14.7 DEMAND INITIATION & APPROVAL UNDER CQCCBS: +Selection of service provider under CQCCBS implies that the evaluation of bids will be +done on the basis of bot h “Non -price Attributes” and “Price Attributes”. The Non-price \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_183.txt b/new_scrap/PM-2020.pdf_chunk_183.txt new file mode 100644 index 0000000..50b5860 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_183.txt @@ -0,0 +1,31 @@ +169 + attributes comprises of parameters related to technical competency/ managerial ability +such as availability of qualified personnel and support staff; experience of key +personnel or availability of in-house QA practices etc. The Price attribute is related to +the price quoted by the bidders. The demand approval process in such cases would +inter-alia require compliance of following: +a) RFP will be prepared and issued with concurrence of finance. Standard format of +RFP would be appropriately modified to incorporate following: +(i) Details of work or service to be performed by the contractor. +(ii) The facilities and the inputs that would be provided to the contractor by +the Lab/Estt. +(iii) Eligibility and qualification criteria to be met by the contractor for +performing the required work or service. +(iv) The statutory and contractual obligations to be complied with by the +contractor. +(v) Suitable evaluation criteria wherein weightages of “Non -price Attributes” +and “Price Attributes” to be mentioned upfront. +(vi) In case of outsourcing consultancy services, following Terms of Reference +(TOR) will be included in the RFP: + Purpose/ objective of the assignment; + Detailed scope of work; + Expected input of key professionals (number of experts, kind of expertise +required); + Proposed schedule for completing the assignment; + Reports/deliverables required from the service provider. + Background material, previous records etc. available and to be provided +to the service provider . + Procedure for review of the work of service provider after award of +contract. +(vii) Standard formats for technical proposal. +(viii) Standard formats for financial proposal. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_184.txt b/new_scrap/PM-2020.pdf_chunk_184.txt new file mode 100644 index 0000000..2890170 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_184.txt @@ -0,0 +1,35 @@ +170 + b) Pre-bid Meeting: A pre-bid meeting will invariably be prescribed in the RFP for +selection of service provider under CQCCBS. The date and time for such a +meeting should normally be after 15 to 30 days of issue of RFP and should be +specified in the RFP itself. During this meeting, the scope of assignment, +responsibilities of either parties or other details should be clearly explained to the +prospective bidders so that there is no ambiguity later on at the time of +submission of technical/financial bids. Where some significant changes are made +in the terms/ scope of RFP as a result of pre bid meeting or otherwise considered +necessary by the Lab/Estt, a formal Corrigendum to RFP may be issued. In such +cases, it should be ensured that after issue of Corrigendum, reasonable time is +available to the bidders to prepare/submit their bid. If required, the time for +preparation and submission of bids may be extended suitably. +c) Two bid system will be followed for all cases irrespective of the cost. The +submitted bids would be evaluated as per the provisions given for the two bid +system in Chapter 6 of this Manual. CNC will be conducted for all cases under +CQCCBS. +d) CFA will be determined as per the delegation of financial powers in vogue for +selection of service provider. +14.8 EVALUATION UNDER COMBINED QUALITY CUM COST BASED SYSTEM +(CQCCBS) : +14.8.1 Under CQCCBS, the proposals will be allotted technical and financial weightage +depending upon the nature of assignment. +14.8.2 Proposal with the lowest cost, evaluated as per the provision of Chapter 8 of this +Manual, may be given a financial score of 100 and other proposals given financial +scores that are inversely proportional to their evaluated cost . +14.8.3 The total score, both technical and financial, shall be obtained by weighing the quality +and cost scores and adding them up. The proposed weightages for technical and +financial shall be specified in the RFP. +14.8.4 Highest Points Basis : On the basis of the combined weighted score for technical and +financial, the service provider shall be ranked in terms of the total score obtained. The +proposal obtaining the highest total combined score in evaluation of quality and cost will +be ranked as H-1 followed by the proposals securing lesser marks as H-2, H-3 etc. The +proposal securing the highest combined marks and ranked H-1 will be invited for +negotiations, if required and shall be recommended for award of contract. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_185.txt b/new_scrap/PM-2020.pdf_chunk_185.txt new file mode 100644 index 0000000..632ebe8 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_185.txt @@ -0,0 +1,30 @@ +171 + As an example, the following procedure can be followed. In a particular case of +selection of service provider, It was decided to have minimum qualifying marks for +technical qualifications as 75 and the weightages of the technical bids and financial bids +was kept as 70 : 30. In response to the RFP, 3 proposals, A, B & C were received. The +TCEC awarded them 75, 80 and 90 marks respectively. The minimum qualifying marks +were 75. All the 3 proposals were, therefore, found technically suitable and their +financial proposals were opened after notifying the date and time of bid opening to the +successful participants. The C NC examined the financial proposals and evaluated the +quoted prices as under: +Proposal Evaluated Cost +A Rs. 120 +B Rs. 100 +C Rs. 110 +Using the formula LEC / EC, where LEC stands for lowest evaluated cost and EC +stands for evaluated cost, the committee gave them the following points for financial +proposals: +Proposal Evaluated Cost Cost Marks +A Rs. 120 (100/120) x 100 = 83 points +B Rs. 100 (100/100 ) x 100 = 100 points +C Rs. 110 (100/110 ) x 100 = 91 points +In the combined evaluation, thereafter, the evaluation committee calculated the +combined technical and financial score as under: + Proposal Evaluated Cost Cost Marks Combined Marks +A Rs. 120 83 points (75 x 0.70) + (83 x 0.30) = 77.4 pts +B Rs. 100 100 points (80 x 0.70) + (100 x 0.30) = 86 pts +C Rs. 110 91 points (90 x 0.70) + (91 x 0.30) = 90.3 pts +The three proposals in the combined technical and financial evaluation were ranked as +under: +Proposal Evaluated Cost Cost Marks Combined Marks Rank \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_186.txt b/new_scrap/PM-2020.pdf_chunk_186.txt new file mode 100644 index 0000000..47f321f --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_186.txt @@ -0,0 +1,21 @@ +172 + A Rs. 120 83 pts 77.4 pts H3 +B Rs. 100 100 pts 86 pts H2 +C Rs. 110 91 pts 90.3 pts H1 +Proposal C at the evaluated cost of Rs.110 was, therefore, declared as winner and +recommended for negotiations/approval, to the competent authority. +14.8.5 Outsourcing by Choice : In exceptional situations should it become necessary to +outsource a job by nomination to a specifically chosen service provider/ contractor, the +CFA may do so in consultation with finance. In such cases the detailed justifications, +the circumstances leading to the outsourcing by nomination and the special interest or +purpose it shall serve shall form an integral part of the proposal. +14.8.6 Expenditure Sanction : The expenditure sanction would be obtained from the CFA and +contract will be entered as per the provisions given in Chapter 9 of this Manual. +14.8.7 Contract Monitoring : Lab/Estt may constitute a committee of not less than 3 officers of +appropriate level to continuously monitor the performance of service provider/ +contractor. Payment as per the schedule would be released to the service provider after +receipt of satisfactory service report and confirmation for ensuring compliance of +contract obligations & statutory rules governing payment of wages to the employees of +the service provider. +14.8.8 Extension of Contracts : Extension of the contracts for outsourcing the services shall +be done in accordance with para 10.12 of this Manual. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_187.txt b/new_scrap/PM-2020.pdf_chunk_187.txt new file mode 100644 index 0000000..0de6f0c --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_187.txt @@ -0,0 +1,32 @@ +173 + 15 CHAPTER 15 +RATE CONTRACT/ PRICE AGREEMENT +15.1 OBJECTIVE: +The basic objective of a procuring entity is to provide store of right quality, in right +quantity, at the right place, at the right time and right price to meet the requirement of +the user. One of the ways of ensuring this is to conclude a “Standing Offer Agreement +(SOA)” for all common use items which are regularly required and whose prices a re +likely to be stable and not subject to considerable market fluctuations. It requires Buyer +to enter into an agreement with appropriate firms/ manufacturer to supply their product +against requirement at a fixed price and as per the terms & condition of the agreement. +Rate Contract (RC) and Price Agreement (PA) are types of SOA. These agreements +enable procuring entity to procure indented items promptly and with economy by +cutting down the order processing and inventory carrying costs. +15.2 RATE CONTRACT (RC)/ PRICE AGREEMENT (PA): +RC: It is a contract between the Buyer and the Seller wherein the Seller agrees to +provide, on demand, specified goods or services under specified terms & condition +during a set period at a definite price. +PA: It is a contract between the Buyer and the Seller wherein the Seller agrees to +provide, on demand, specified goods or services under specified terms & condition +during a set period at a definite discount structure. +15.3 SALIENT FEATURES OF RC/PA: +a) Neither quantity is mentioned nor any minimum drawal guaranteed in the contract. +b) It is in the nature of a standing offer from the firm. +c) Seller is bound to accept any order placed on him during the validity of the RC +period. +15.4 TYPES OF ITEMS SUITABLE FOR ENTERING INTO RC/PA: +Following types of common use items may be considered for entering into RC/PA: +a) Items required by several users on recurring basis and having clear specifications. +b) Fast moving items with short shelf life or storage constraints. +c) Items with minimum anticipated price fluctuation during the currency of the contract. +Items with high probability of considerable price fluctuation should not be considered \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_188.txt b/new_scrap/PM-2020.pdf_chunk_188.txt new file mode 100644 index 0000000..6f14ea6 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_188.txt @@ -0,0 +1,31 @@ +174 + to be covered except for short term contract. +d) Items that take long gestation period to manufacture and for which there is only one +source for manufacturing. +15.5 ADVANTAGES OF RC: +15.5.1 To Buyers : +a) Facility of bulk rate at lowest competitive price. +b) Saves time and effort in tedious and frequent bidding at multiple user locations. +c) Enables buying as and when required. +d) Just in time availability of supplies reduces inventory carrying cost. +15.5.2 To Sellers: +a) Access to large volume of purchase without going through bidding process and +follow up at multiple user locations – saving in administrative and marketing +efforts and overheads. +b) Rate contract lends respectability and image enhancement. +15.6 GUIDELINES FOR ENTERING INTO RC: +Stores of standard types required in bulk quantity which are common and in regular +demand, and for which the price is not subject to appreciable market fluctuations, shall +be purchased against Rate Contract/ Price Agreement (RC/PA) based on assessed +future consumption. +15.6.1 Rate contract/ Price Agreement (RC/PA) will normally be entered into, if the annual +drawals against the contracts are expected to exceed Rs.10 lakh. +15.6.2 Normally the duration of a Rate Contract/ Price Agreement should be for a period not +exceeding three years. +15.6.3 No new RC/PA should be placed with the firms having backlog against existing +contracts and also if the backlog is likely to continue for the major portion of the new +contract period. +15.6.4 RC/PA should be placed only on registered and/or reputed and established firms, which +are capable of supplying the stores as required. +15.6.5 In cases where a firm already has a RC/PA with any other Government Department, +Central/ State Public Undertaking, etc., it should be ensured that the contract is entered \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_189.txt b/new_scrap/PM-2020.pdf_chunk_189.txt new file mode 100644 index 0000000..946f1de --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_189.txt @@ -0,0 +1,33 @@ +175 + into on not less favourable terms and conditions than those agreed to by it with the +other Departments, Undertakings, etc. +15.7 CFA DETERMINATION FOR ENTERING INTO RC/ PA: +CFA for entering into such contracts will be determined based on the anticipated value +of annual drawal vis-à-vis mode of bidding. RC/PA with validity period of more than +three years would be concluded with prior approval of Secretary Defence (R&D) with +the concurrence of Addl. FA (R&D) & JS for all CFAs in DRDO. +15.8 PERIOD OF RC/PA: +Normally the duration of such agreement should be for a period not exceeding three +years. No extension to validity of the contract is required when deliveries against +outstanding supply orders continue after expiry of the validity period. +15.9 PROCESS OF CONCLUDING RC/PA: +15.9.1 Finalization of scope : The scope of RC/PA will be finalized by MMG of Lab/Estt after +consolidating the demand of other Labs/Estts in the station, if applicable. +15.9.2 Demand initiation and its approval : Rate Contract can be entered into by the +Lab/Estts either for items required by several users (Lab/Estt) in a station on recurring +basis or for meeting the specific requirement of a particular Lab /Estt. +15.9.3 RC cases which are suitable for a specific Lab may be processed and finalized by the +Lab as per provisions of th is chapter without referring to HQrs. RC cases which involve +multiple Labs would be referred to DFMM/DRDO HQrs only for nomination of a nodal +Lab. Thereafter, the consolidated RC case would be processed and finalized by the +nodal Lab. CFAs for the consolidated RC case would be decided as per the approval +chain in the DFP pertaining to the nodal Lab. +15.9.4 Mode of Bidding: The default mode of bidding to finalize a RC will be on the basis of +open bidding. PA will be concluded only with the manufacturers/exclusive dealers. +Other mode of bidding may be adopted in exceptional cases with due justification. +15.9.5 Bidding Process : This will be done as per the provisions contained in Chapter 6 of this +Manual. Format of RFP would be suitably modified for conclusion of RC/PA by +inclusion of the special terms and conditions for such contracts. Some of these +conditions are given in para 7 .3 of this Manual. All the cases of RC/PA would be +scrutinized by CNC as per para 6.38 as applicable. The L1 bidder would be determined +as per provisions of para 8.3 of this Manual. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_19.txt b/new_scrap/PM-2020.pdf_chunk_19.txt new file mode 100644 index 0000000..4a9fadc --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_19.txt @@ -0,0 +1,65 @@ +23 + 3.7.1 Quality Rating : It pertains to delivery/ rendering of goods/services as per the +specifications. Quality of goods/ services can be assessed from the inspection/ +performance report and feedback from the actual users. Quality of supplies is of +paramount importance and quality rating constitutes main part of the vendor rating. The +quality rating will have 60% weightage while assessing the performance of the vendor. +3.7.2 Delivery Rating : It pertains to delivery of goods/ services as per the schedule +mentioned in the supply order. It is based on the parameters like goods/service +supplied/rendered within stipulated time and actual delivery/ completion time. The +stipulated time for delivery rating would be the amended delivery period if extended +without imposing liquidated damages. The delivery rating will have 30% weightage +while assessing the performance of the vendor. +3.7.3 Product Support/ Service Rating : It is related to quality and promptness of the +response of the vendor after getting the supply order/ contract and till the completion of +contractual obligations. It includes product support in form of timely support during the +warranty period. A part of the service rating can be estimated by assessing the +cooperation of the vendor and his response in emergency situations after the +completion of contractual obligations. The product support/service rating will have 10% +weightage while assessing the performance of the vendor. +JSG:015:03:2007 as amended, provides “Guidelines for Assessment and Registration +of Firms for Defence” and relevant BIS guidelines for development of vendor rating +system. It may be referred to for detailed information and methodology. +3.7.4 Importance of Vendor Rating : Vendor rating is a beneficial tool not only for DRDO but +also for the firms. The firms get information regarding their own performance compared +with competitors. It is a fair evaluation since the rating is based on fact and not on +opinion. In some cases vendors may be called for a discussion to point out the areas of +improvement so that vendor becomes more fruitful to the Lab/Estt. Such constructive +approach based on a judicious rating system will definitely help in improving the +performance of the vendors. Therefore, performance rating of the vendor should be +periodically intimated to the vendor. This action is mandatory before initiating any action +against the vendor on the basis of performance evaluation. +3.8 DE-REGISTRATION OF FIRMS: +In case of violation of terms and condition of the registration, the registration of the firm +will be cancelled by giving a prior notice of at least 30 days. A registered firm is liable +to be removed from the list of registered firms, if it: +a) Fails to abide by the terms and conditions under which the registration has been 24 + given. +b) Makes any false declaration to the Buyer. +c) Fails to abide by undertaking given in the Bid Security Declaration. +d) Other than in situations of force majeure, withdraws from the procurement +process after opening of financial bids. +e) Supplies sub-standard goods or uninspected goods. +f) Renders services (including after sales services and maintenance services) of an +inferior quality than those contracted. +g) Fails to execute a contract or fails to execute it satisfactorily. +h) The required technical/ operational staff or equipment is no longer available with +the firm or there is change in its production/ service line affecting its performance +adversely. +i) Is declared bankrupt or insolvent. +j) Fails to submit the required documents/ information for review of registration, +where required. +k) Adopts unethical business practices not acceptable to the Government. +l) The performance is rated below par during the evaluation process. +m) The firm fails or neglects to respond to three consecutive invitations to bid within +the range of products for which it is registered. +n) The registration of a firm is cancelled under a Government notification (from list of +firms) by another department/organization of Government. +o) Any other ground which, in the opinion of the registering authority, is not in public +interest. +3.9 PROCEDURE FOR REMOVAL FROM THE REGISTERED LIST: +De-registration of approved firms from the list will be considered on the grounds +mentioned above. It would be done by the registering Lab/Estt under intimation to +DFMM in DRDO HQ and status of firm on the centralized database would be updated. +The authority to de-register a firm would be Director of registering Lab/Estt on the +recommendations of the VRC. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_190.txt b/new_scrap/PM-2020.pdf_chunk_190.txt new file mode 100644 index 0000000..cb1ff80 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_190.txt @@ -0,0 +1,33 @@ +176 + 15.10 CFA APPROVAL FOR SIGNING RC/PA: +Approval of CFA for concluding RC/PA would be obtained as per the delegation of +financial power, based on the recommendation of CNC. CFA would be determined on +the cumulative anticipated annual withdrawal against such RC/PA even if parallel RCs +are entered through separate bidding. +15.11 SCRUTINY AND APPROVAL OF RC/PA: +A draft contract will be prepared by MMG as per the format DRDO.RC.01 and the +same shall be scrutinized, by an officer specifically authorized by Director of RC/PA +concluding Lab/Estt, for its correctness vis-a-vis rate and terms & conditions approved +by CFA. The draft contract may also be referred to finance rep for scrutiny. Thereafter, +the agreement should be signed and dispatched as per para 9.2. 4 and 9.2.5 of this +Manual. Copy of the contract will also be sent to all the Labs/Estts who may be using it. +15.12 PARALLEL RC: +In cases it is observed that the rate contractor does not have capacity to cater for +expected demand or where it is desired to have a wider vendor base for whatever +reasons, RCs will be concluded with more than one firm for the same store/ service. +Such contracts are known as parallel RCs. Parallel RCs will be concluded with other +bidders at L1 rate and terms & conditions. For the sake of transparency and to avoid +any criticism, all such RCs are to be issued simultaneously. +15.13 SPECIAL CONDITIONS APPLICABLE FOR RC/ PA: +15.13.1 Earnest Money Deposit (EMD) is not applicable. +15.13.2 In the schedule of requirement, no quantity is mentioned; only the anticipated drawal +may be mentioned without any commitment. +15.13.3 Performance cum Warranty Bond of reasonable amount from the RC/PA holders will be +obtained prior to entering into such agreement. +15.13.4 Payment Terms: Payment up to 100% may be released on receipt of stores at +consignee‟s premises against Invoice, Inspection Note, and Certificate in respect of Fall +Clause. The balance payment will be made after accounting of items by the consignee. +15.13.5 The Buyer reserves the right to conclude more than one RC for the same item. +15.13.6 The Buyer as well as the Seller may withdraw the RC/ PA by serving suitable notice to +each other. The prescribed notice period is generally not less than thirty days. +However, supply orders placed during the notice period will be honoured by the Seller. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_191.txt b/new_scrap/PM-2020.pdf_chunk_191.txt new file mode 100644 index 0000000..f55fb46 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_191.txt @@ -0,0 +1,32 @@ +177 + 15.13.7 In case of emergency, the Buyer may purchase the rate contracted item through ad-hoc +contract with a new Seller. +15.13.8 Usually, the terms of delivery in RC/PA are FOR dispatching station. This is so, +because such agreements are to take care of the users spread all over the country. +However, wherever it is decided to enter into RC/PA which is FOR destination, the cost +of transportation should be separately asked for. +15.13.9 The Buyer and the authorized users of the RC/PA are entitled to place supply orders up +to the last day of the validity of the agreement and, though supplies against such supply +orders will be effected beyond the validity period of the agreement, all such supplies will +be governed by the terms and conditions of the RC/PA. +15.13.10 Supply orders, incorporating definite quantity of goods to be supplied as per the term s +and conditions of agreement, will be issued for obtaining supplies on need basis. +15.13.11 Fall Clause : All RC/ PA will be governed by “Fall Clause”. The following Fall Clause will +invariably form part of the agreement: +a) The prices charged for the stores supplied under the agreement by the Seller +shall in no event exceed the lowest price at which the Seller sells the items of +identical description to any other person/organization during the period till +performance of all supply orders placed during the currency of the agreement is +completed. +b) If, at any time, during the said period, the Seller reduces the sale price of such +stores or sells stores to any other person/organization at a price lower than the +price chargeable under the agreement, he shall forthwith notify such reduction or +sale to the authority which has concluded the RC/PA; and the price payable +under the agreement for the stores supplied after the date of coming into force of +such reduction or sale shall stand correspondingly reduced. +c) However, the above stipulation will not apply to: +(i) Export by the Contractor. +(ii) Sale of stores as original equipment at prices lower than the prices +charged for normal replacement. +(iii) Sale of stores such as drugs, perishable goods which have expiry dates. +15.13.12 Certificate in respect of Fall Clause : \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_192.txt b/new_scrap/PM-2020.pdf_chunk_192.txt new file mode 100644 index 0000000..3841198 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_192.txt @@ -0,0 +1,35 @@ +178 + a) While submitting his bills for the goods supplied against the Rate Contract/ +Price Agreement, the Contractor shall give the following certificate also: +“I/We certify that the stores of description identical to the stores supplied to the +Government under the contract herein have not been offered/sold by me/us to +any other person/ organization up to the date of bill/the date of completion of +supplies against supply orders placed during the currency of the RC/PA, at a +price lower than the price charged to the Government under the contract.” +b) If the Contractor sells any goods at lower than the contract price, except covered +by any of the three exceptions indicated above as per para 15.13.11 (c) of this +Manual, such sales have also to be disclosed in the aforesaid certificate to be +given by the Contractor to the Government. The obligations of the Contractor in +this regard will be limited with reference to the goods identical to the contracted +goods sold or agreed to be sold during the currency of the contract. +15.13.13 The successful bidder shall maintain stocks at the station and shall make deliveries +against supply orders from such stocks within the specified period. +15.14 PERFORMANCE SECURITY / WARRANTY BOND : +Depending on the anticipated overall drawal against a RC/PA and, also, anticipated +number of parallel RCs to be issued for an item, the authority concluding such contract +will obtain Performance Security / Warranty Bond in the form of BG of reasonable +amount from the RC/PA holders. A suitable clause to this effect is to be incorporated in +the RFP. It shall, however, not be demanded in the supply orders issued against +RC/PA. +15.15 PLACEMENT OF SO AGAINST RC/PA: +The demand for the procurement of items on RC/PA will be approved by CFA as per +delegation of financial powers vis-à-vis mode of bidding on which the agreement has +been concluded. Based on the approval of such demand, MMG will place the SO on +RC/PA holder as per the format DRDO.RC.02 . +15.16 RENEWAL AND EXTENSION OF RC/PA: +It should be ensured that new RC/PA are made operative right after the expiry of the +existing contract without any gap. In case, however, it is not possible to conclude new +RC/PA due to some special reasons, timely steps are to be taken to extend the +existing contracts with same terms, conditions etc. for a suitable period, with the +consent of the Contract holders. Period of such extension should generally not be +more than three months. While extending the existing contracts, it shall be ensured \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_193.txt b/new_scrap/PM-2020.pdf_chunk_193.txt new file mode 100644 index 0000000..1aac46f --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_193.txt @@ -0,0 +1,13 @@ +179 + that the price trend is not lower. RC/ PA of the firms, which do not agree to such +extension, is to be left out of consideration for renewal and extension. Any extension of +the existing RC beyond a period of three years would need the approval of Secretary +Defence (R&D) with the concurrence of Addl. FA ( R&D) & JS. +15.17 TERMINATION AND REVOCATION OF RC/ PA: +RC/PA is in the nature of standing offer and a legal contract comes into force only +when a supply order is placed by the Buyer. Being just a standing offer, embodying +various terms of the offer, the contract holder may revoke it at any time during its +currency. However, reasonable opportunity i.e. not less than thirty days should be +given to the contractor to represent against any revocation/cancellation of RC/PA. + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_194.txt b/new_scrap/PM-2020.pdf_chunk_194.txt new file mode 100644 index 0000000..56e29bc --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_194.txt @@ -0,0 +1,34 @@ +180 + 16 CHAPTER 16 +PAYMENT/ CLEARANCE OF BILLS +16.1 GENERAL: +After the stores have been received in good condition, inspected to the satisfaction of +the user and Brought on Charge (BOC), it becomes obligatory on the part of Lab/Estt +to clear the Seller ‟s bills promptly. It is the responsibility of the Lab/Estt to ensure that +the Seller ‟s bills are paid as per terms and conditions stipulated in the supply order/ +contract. To prevent any misuse and to promote transparency, all payments to Sellers +may be made through electronic mode of payment only. The supply orders/ contracts +may include a clause asking the Sellers to provide details of their banker‟s name, +branch, branch code, branch address, account (a/c) number, type of a/c, MICR +number, IFS Code and PAN with their bills as a measure of safety so as to enable the +paying authority to credit the payment into S ellers‟ a/c directly through electronic mode +of payment. In situations where electronic mode of payment is not possible, Lab +Director will authorize the payment by account payee cheque. The Seller will furnish +bankers details such as banker's name, branch and a/c no. to the paying authority. +Details of payments made by cheque will be intimated to the local audit authorities +periodically. +16.1.1 Lab/Estt will communicate the specimen signatures of the officers authorized, to the +paying authority, to sign contingent bills, CRVs and other financial documents. +16.2 DOCUMENTS TO BE ENCLOSED FOR CLAIMING PAYMENT: +The documents to be submitted for audit and payment depend upon the nature of +procurement and the terms and conditions of a particular supply order/ contract. +However, essential documents that are required for audit and payment are as follows: +16.2.1 Documents to be submitted to the audit authority along with advance copy of the +Supply Order/ Contract : +a) Ink singed copy of the Supply Order/ Contract and amendments thereon with +authority. +b) An ink-signed copy of Financial Sanction of the CFA and amendments. +c) A copy of the techno-commercial evaluation report in case of two bid system. +d) A copy of the Comparative Statement of Bids (CSB)/ CNC proceedings, as +applicable. +e) PAC/ any other certificate that may be peculiar to the procurement. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_195.txt b/new_scrap/PM-2020.pdf_chunk_195.txt new file mode 100644 index 0000000..d9d8872 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_195.txt @@ -0,0 +1,28 @@ +181 + Note: In case documents listed above are not sent in advance to the audit authority, +they may be called for by such authority at the time of payment of bills/ post audit, +where applicable. +16.2.2 Documents to be submitted to paying authority for payment along with the Bill : +a) For Indigenous Sellers : +(i) An ink- singed copy of the Contingent Bill/ Seller‟s Bill duly countersigned +(ii) An ink-signed copy of the Commercial Invoice +(iii) A copy of the Supply Order/ Contract and amendments +(iv) An ink-signed copy of CRV +(v) Inspection Note/ Progress Report/ Job Completion Certificate/ Installation +Report, as applicable +(vi) Bank Guarantee/ Indemnity Bond for advance, as applicable +(vii) Performance Security Bond and Warranty Bond, as applicable +(viii) DP extension and Imposition/ waiver of LD with authority +(ix) Self certification from the Seller that the GST/any other taxes received under +the contract would be deposited to the concerned taxation authority . In this +regard, extant Government orders will be applicable as communicated by +DRDO HQ. +(x) Details for electronic payment +(xi) Certificate from user confirming receipt of required documents in case of +Design, Developmental and Fabrication Contract +(xii) Any other document/certificate that may be provided for in the supply order/ +contract +b) For Foreign Sellers: +(i) Clean on Board Airway Bill/Bill of Lading +(ii) Original Invoice +(iii) Packing List \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_196.txt b/new_scrap/PM-2020.pdf_chunk_196.txt new file mode 100644 index 0000000..d09c7b5 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_196.txt @@ -0,0 +1,29 @@ +182 + (iv) Certificate of Origin from Selle r‟s Chamber of Commerce, if any +(v) Certificate of Quality and year of manufacture from OEM +(vi) Dangerous Cargo Certificate, if applicable +(vii) Insurance Policy of 110% value in case of CIF/ CIP contract +(viii) Certificate of Conformity and Acceptance Test at PDI, if any +(ix) Phyto-sanitary/ Fumigation Certificate, if any +(x) Any other documents as provided for in the Contract +Note: Depending upon the peculiarities of the procurement being undertaken, +documents may be selected from the list given above and specified in the supply order/ +contract. +16.3 PROCESSING OF BILLS: +All bills received will be registered centrally and processed for payment after ensuring +the availability of funds under the relevant budget head. The following points will be +ensured: +a) Prompt action in case any discrepancy is detected in the contractor's bills. +b) Bills prepared on prescribed form are pre-receipted bearing revenue stamps on +bills as applicable. +c) Amounts are shown both in words and figures and are rounded off to the nearest +rupee. +d) The nomenclature of the items and the quantities are in accordance with the +supply order/ contract. +e) The amounts claimed on account of incidental charges are admissible as per +terms and conditions of the order/ contract. +f) Cash receipts/ certificates are enclosed in support of packing and forwarding +charges and original cash receipts for postage and insurance are enclosed, +wherever applicable. +g) GST Regd. No./ PAN is enclosed. +h) CRV/ Inspection Report (IR) is enclosed with the bill. Nomenclature of the items \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_197.txt b/new_scrap/PM-2020.pdf_chunk_197.txt new file mode 100644 index 0000000..487b6c5 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_197.txt @@ -0,0 +1,33 @@ +183 + on CRV/ IR should exactly correspond to those shown in the supply order/ +contract and the contractor's bill. Rates and total value of all items should be +shown in the CRV/ IR. +i) Receipted copy of the delivery challan is enclosed with the bill. +j) In case of advance payments, Bank Guarantee/ Indemnity Bond or equivalent +bond is enclosed. +k) The arithmetical accuracy of the bills will be thoroughly checked before payment. +l) Deductions will be made from the bills on account of demurrage/ wharfage paid +by Lab/Estt on consignments due to late receipt of RR/ LR (Railway Receipt/ +Lorry Receipt). +m) Income tax will be deducted as applicable. +16.3.1 Time Schedule for Clearance of Bills : Expeditious processing of bills, after +acceptance of stores, is essential to ensure the payment to the Seller within the +prescribed time limit to avoid legal implication leading to payment of penal interest on +delayed payments. For this purpose, Labs/Estts will issue local orders fixing time +schedules for completion of inspection, accounting and submission of bills for release +of payment to the paying authority. +16.3.2 The bills for accepted stores along with documents as prescribed in para 16.2.2 of this +Manual will be forwarded by Lab/Estt (MMG) to Finance Section handling cash +assignment or local CDA (R&D)/ paying authority for payment. On the receipt of the +cheque slip/ intimation from the paying authority, ECS payment details or the cheque +number, date and amount will be entered in the bill register and cheque slip inserted in +the purchase file. +16.3.3 Balance Payment : In case of payments made from cash assignment, necessary +entries in this regard will be made in the progress register. All payments (up to 90% or +95%) shall be entered in the progress register. The bills for the balance (10% or 5%) +payments to the Seller shall be submitted with supporting documents as applicable to +local CDA (R&D)/ paying authority for settlement. +16.3.4 Adjustment of Advances : All advances given to the Seller will be adjusted against the +intermediate milestone payments or in any case against the final stage payment due to +the Seller within six months from the date of receipt of stores/ completion of milestone/ +service. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_198.txt b/new_scrap/PM-2020.pdf_chunk_198.txt new file mode 100644 index 0000000..7fd9cff --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_198.txt @@ -0,0 +1,36 @@ +184 + 16.3.5 Advance payments made to the Seller, will be entered in the Advance Payment +Register and submission of the adjustment/ final claims regulated with reference to this +register. +16.3.6 Lab/Estt will maintain a Register of Bank Guarantees furnished by the Seller to them. +The records should be maintained with a designated officer who will periodically check +their validity during currency of the contract/ supply order and advise extension as +required. +16.3.7 Payment against Time Barred Claims : Claims of Sellers preferred after 3 years are +time barred by the Statute of Limitations. The time from which the limitations begin to +run will generally be calculated from the date when the payment falls due/ from date of +delivery and acceptance of goods, unless the payment claim has been under +correspondence. Such time barred claims cannot be paid without the sanction of Govt. +For claiming such an amount, the Seller has to make a request for special treatment to +allow his payment and giving the justifications for such special treatment. The decision +to accept or refuse such payments shall be taken by the Govt. on case to case basis. +However, limitation is saved if the Seller has forwarded his initial claim within the time +allowed and it had been under consideration with the Govt. during which time the claim +may have been modified or corrected with the consent of the parties before it is +admitted for payment. Such period of consideration will not be counted towards the +period for limitations provided after such modifications or corrections the claim remains +substantially the same. Time Barred claims will be sent to DFMM, DRDO HQ for +necessary approval along with confirmation from concerned CDA (R&D)/ paying +authority that payment has not been made. Thereafter, Lab/Estt will send a copy of the +approved time barred sanction to the paying authority along with the claim of the Seller +for payment. +16.3.8 These provisions exclude the payment withheld due to non-compliance of terms and +conditions of the contract by the Seller. +16.4 LOST/ MISPLACED CHEQUES AND ISSUE OF FRESH CHEQUES : +In the event of loss/ misplacement of cheque, the following procedure will be followed: +(This procedure is not applicable in case of payment made through electronic mode.) +16.4.1 The beneficiary must lodge a written complaint to the Lab/Estt regarding loss/ +misplacement of the cheque issued in his favour and non-realization of payment +against a legitimate supply/ service rendered by him within the validity period of the +cheque. After expiry of validity period, the Lab/Estt will obtain a Non-Payment +Certificate (NPC) from the bank stating that the cheque has not been honoured and no \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_199.txt b/new_scrap/PM-2020.pdf_chunk_199.txt new file mode 100644 index 0000000..e81b5c9 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_199.txt @@ -0,0 +1,33 @@ +185 + payment released to the beneficiary. +16.4.2 The Seller will execute an indemnity bond, duly notarized on the appropriate non- +judicial stamp paper stating the fact of loss/ misplacement of the cheque (No. +__________Date_______ Amount___________) and non -encashment during the +period of validity. +16.4.3 The above mentioned document, in original, will be forwarded to the concerned paying +authority with a request to issue a Non-Payment Certificate (NPC). +16.4.4 The CDA (R&D), after verification and confirmation that the cheque in question has not +been encashed, will issue NPC for issue of a fresh cheque. +16.4.5 If, after verification, the CDA (R&D) finds that the cheque has been paid, they +CDA (R&D) will send a photocopy of the cheque to the concerned Seller to take up the +matter with the bank for reconciliation and settlement. +16.5 PREPARATION OF CRV: +Lab/Estt will prepare CRVs immediately after receipt/ acceptance of stores. After +acceptance of stores, CRVs along with the billing documents will be sent to paying +authority for settlement of advance/payment. In cases where bill for balance payments +are received later, CRV No. and CRV date should be mentioned while sending these +bills for payment for linking by the paying authority. +16.6 TAX DEDUCTED AT SOURCE (TDS) : +Paying authority will ensure prompt filing of the details of TDS periodically, in respect of +procurement cases, as per the instructions of tax authorities. Utmost care has to be +exercised while preparing the data of TDS and ensure that all information filled under +TDS is correct. +16.7 MONTHLY EXPENDITURE REPORT (MER) TO PAYING AUTHORITY: +The finance section of Lab/Estt handling the cash assignment will close the accounts +on 25th of every month except the month of March and prepare the MER for the month. +The accounts for the month of March will be closed on the last working day of the +month. The MER in respect of Build-up and projects must be prepared separately. The +Finance Section will forward the MER(s) to CDA (R&D) within 3 working days from the +date of closing of accounts. +16.8 EXPENDITURE MANAGEMENT UNDER SANCTIONED PROJECTS: +Lab/Estt will entrust the responsibility of expenditure management of projects to an \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_2.txt b/new_scrap/PM-2020.pdf_chunk_2.txt new file mode 100644 index 0000000..e69de29 diff --git a/new_scrap/PM-2020.pdf_chunk_20.txt b/new_scrap/PM-2020.pdf_chunk_20.txt new file mode 100644 index 0000000..a1d256f --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_20.txt @@ -0,0 +1,67 @@ +25 + 3.10 EFFECT OF REMOVAL FROM THE LIST : +Whenever a firm is removed from the list of registered firms, its registration stands +cancelled and registration status would be updated on centralized database. The other +Labs/Estts which have already initiated the procurement process with such firm would +seek information from de-registering Lab and consult DFMM before proceeding further. +3.11 LEVY OF FINANCIAL PENALTIES AND/OR SUSPENSION/ BANNING OF BUSINESS +DEALINGS WITH ENTITI ES: +When the misconduct of an entity justifies levy of financial penalties and/or suspension/ +banning of business dealings, Lab/Estt should forward the case with full facts, detailed +justification and supporting documents and circumstances to DV&S, DRDO HQrs for +taking appropriate action in accordance with the “Guidelines of the Ministry of Defence +for Penalties in Business Dealing with Entities ” issued vide MoD ID No. +31013/1/2016-D(Vig) Vol. II dated 21.11.2016 and dated 30.12.2016, as amended. +Under no circumstances, any Lab/Estt shall suspend/ ban any vendor from business +dealings. +3.12 PRE-QUALIFICATION OF VENDORS: +Pre-qualification is a useful method of gaining knowledge of prospective bidders and +reduces cost and risk for both Buyer and Sellers . +3.12.1 Realization of high end technology equipment/ turnkey contracts requiring multi- +disciplinary expertise of the bidders at times involves in part or full activities of detailed +engineering, procurement, sub-contracting, inspection, transportation, erection and +commissioning. In such cases, contractor is expected to coordinate all the activities and +supply the item/equipment, complete the erection, commissioning and hand over the +facility to the Lab/Estt. Such bidders are required to possess necessary technical and +organizational skills, financial capabilities, human resources and past experience to +complete the assignment. There may not be many vendors competent to execute +complex high value contracts. In such scenario, Lab/Estt may need to interact with +potential bidders, identify those who are competent (both technically and financially) to +execute such jobs and make them understand the actual requirement. In such +circumstances, the normal two-bid system may not yield the desired results and pre- +qualification of bidders may be resorted to screen the potential bidders. It is intended to +provide the following benefits: +a) It promotes quality control in procurement. +b) Lab/Estt is more confident about the performance of the seller. 26 + c) Evaluation of bids from qualified bidder results in savings of processing time and +cost. +d) Unqualified bidders save the cost of bid preparation which results on lower +overhead cost for them. +e) Scale of interest by potential Sellers can be measured and procurement strategy +planned accordingly. +f) Less resources are required to process the bids. +3.13 TYPES OF STORES AND CRITERIA FOR PRE-QUALIFICATION: +Pre-qualification may be resorted for acquisition/ development of major plants and +machinery, complex information technology systems, medical equipment, sophisticated +weapon system, telecom equipment, high end software development and other special +goods. In these cases, well defined procedures should be followed for the pre- +qualification of vendors. While doing so, wide publicity would be given through print +and electronic media. Pre-qualification document would outline the requirements and +criteria for pre-qualification in unambiguous terms based on the requirement of the +items and work to be carried out. It should be broad based, objective and must not be +tailor-made for a few specific brands/ companies. Thereafter, the respondents will be +pre-qualified as per stated criteria. Subsequently detailed RFP will be issued to all +qualified vendors and process of two-bid system will be followed. The pre-qualification +criteria should be based upon, but not necessarily restricted to, the technical capability +and resourcefulness of the prospective bidders to perform the particular contract +satisfactorily, taking into account their: +(i) Experience and past performance on similar contracts; +(ii) With reference to personnel, equipment, manufacturing facilities; and +(iii) Financial standing +3.13.1 Guidelines to Determine Pre-Qualification Criteria : Broadly, following guidelines +may be referred to determine pre-qualification criteria: +a) Experience and Capacity: The financial criteria may be stipulated with a view +that the contractor needs to allocate his resources to other jobs in hand. The +percentage of his capacity to be allocated for this work has to be decided based +on the estimated value of the contract. The turn-over criteria can be set +considering annual cash outgo. The single order value criteria are used to \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_200.txt b/new_scrap/PM-2020.pdf_chunk_200.txt new file mode 100644 index 0000000..ded1026 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_200.txt @@ -0,0 +1,11 @@ +186 + accounts officer or designated officer to assist the Programme/ Project Director. The +accounts officer will receive a copy of MER and update the master register of the +project. Prompt action must be ensured every month to reconcile any errors in booking +of expenditure in respect of projects. It is the responsibility of the Programme/ Project +Director to ensure periodic reconciliation of expenditure and rectification of all +erroneous bookings before closure of a particular financial year. +16.9 MONTHLY EXPENDITURE REPORT (MER) TO DRDO HQ: +At the end of every month, all Labs/Estts will prepare the MER for the month in respect +of build-up and projects as per the format prescribe by DFMM and will ensure its +submission to DFMM as per the timeline prescribed by DFMM . \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_201.txt b/new_scrap/PM-2020.pdf_chunk_201.txt new file mode 100644 index 0000000..4461349 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_201.txt @@ -0,0 +1,30 @@ +187 + Annexure ‘ A’ +1 BANKING INSTRUMENTS +1.1 GENERAL: +Import is regulated by the Directorate General of Foreign Trade (DGFT) under Ministry of +Commerce and Industry, Government of India. Authorized dealers, while undertaking +import transactions, should ensure that the imports into India are in conformity with the +Foreign Trade Policy in force (as framed by DGFT), Foreign Exchange Management +(Current Account Transactions) Rules, 2000 framed by Government of India vide +Notification No G.S.R. 381(E) dated 03 May 2000 as amended and the directions issued +by Reserve Bank of India under Foreign Exchange Management Act from time to time. +1.1.1 Banking Instruments in International Trade : The Uniform Customs and Practices for +Documentary Credit (UCPDC) are a set of internationally recognized definitions & rules for +interpretation of documentary credits, issued by the International Chamber of Commerce, +Paris. ICC Publication No. 600 has been in operation since Jan 2007 and covers all +aspects of international trade payments against documentary proofs. Lab/Estt should +follow normal banking procedures and adhere to the provisions of UCPDC for payment to +foreign firms. +1.1.2 Banking Instruments for Foreign Payments : Banking instruments used for effecting +payment in case of import are as under: +a) Letter of Credit (LC) +b) Direct Bank Transfer (DBT) +1.2 LETTER OF CREDIT (LC ): +1.2.1 LC is a written undertaking given by a bank on behalf of the Buyer (applicant) of goods or +services to pay the Seller (beneficiary) of goods or services, a certain sum of money, +provided the Seller presents the documents stipulated in the credit within the validity period +of the credit. +1.2.2 Reasons for using LC : In international trade, the Buyer and the Seller are located in +different countries and may not know each other. Countries generally have different legal +systems, currencies and trade and exchange regulations. So the Buyer/ Seller needs some \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_202.txt b/new_scrap/PM-2020.pdf_chunk_202.txt new file mode 100644 index 0000000..84c7243 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_202.txt @@ -0,0 +1,26 @@ +188 + security before releasing payment/ dispatching goods. +a) A Seller would want : +(i) An assurance that he will be paid as per contractual terms. +(ii) Convenience of receiving payments in their own country. +b) A Buyer would want : +(i) An assurance that the Seller will dispatch the goods within time. +(ii) To pay for the contracted goods only after they are dispatched by the Seller. +1.2.3 Advantages of LC : +a) For the Seller : +(i) The bank honours the credit independent of the Buyer. +(ii) The Buyer cannot withhold the payment under any pretence. +(iii) Delays that can occur in transmitting bank funds are avoided to a large +extent. +b) For the Buyer : +(i) The goods will be delivered in accordance with the delivery conditions stated +in the LC. +(ii) Buyer pays only when the documents comply with the credit terms in all +respect. +1.2.4 Parties involved in opening of LC : +1) Applicant - Buyer/ Importer +2) Issuing Bank - Buyer’s bank +3) Advising Bank - Bank in Seller/ Exporter’s Country +4) Beneficiary - Seller/ Exporter +5) Negotiating Bank - Paying Bank, authorized/ nominated by the +issuing bank, to pay the money to Seller/ \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_203.txt b/new_scrap/PM-2020.pdf_chunk_203.txt new file mode 100644 index 0000000..0cc5919 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_203.txt @@ -0,0 +1,28 @@ +189 + Exporter on presentation of documents +6) Reimbursing Bank - Bank which reimburses the money to the +negotiating bank +1.3 TYPES OF LC: +1.3.1 Following types of LC may be used by the Buyer for making payment to the Seller as per +the contractual terms and conditions: +a) Irrevocable LC +b) Confirmed LC +c) Revolving LC +d) Divisible LC +1.3.2 Irrevocable LC : A credit in which the Issuing Bank gives a definite, absolute and +irrevocable undertaking to honour Buyer’s obligations, provided beneficiary complies with +all terms and conditions, is known as an irrevocable letter of credit. It implies that LC +cannot be amended, cancelled or revoked without the consent of all parties. All LCs are +deemed to be irrevocable. +1.3.3 Confirmed LC : A confirmed LC is one in respect of which another Bank in the +beneficiary's country adds its confirmation at the request of the Issuing Bank. This +undertaking of the confirming Bank to pay/ negotiate/ accept is in addition to the +undertaking of the issuing bank. This is an added protection to the beneficiary. +1.3.4 Revolving LC : In such LC, the amount of credit is restored, after it has been utilized, to +the original amount thus obviating the necessity of opening a fresh LC for each dispatch/ +shipment. Revolving LC is used when the Buyer is to receive partial shipment of goods at +specific intervals over a long duration. +1.3.5 Divisible LC : A LC could be divisible or non-divisible. Divisible LC could be opened when +more than one beneficiary is allowed and payment has to be made as per the +consignment. + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_204.txt b/new_scrap/PM-2020.pdf_chunk_204.txt new file mode 100644 index 0000000..0b1ab11 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_204.txt @@ -0,0 +1,25 @@ +190 + 1.4 ESSENTIAL ELEMENTS OF LC: +The LC shall be opened as per the proforma DRDO.LC.01 and essential elements as +mentioned below are to be clearly stipulated while opening a LC: +a) Type of LC +b) Names & addresses of applicant and beneficiary +c) Beneficiary’s bank details +d) Amount of credit and currency +e) Validity of LC +f) Latest shipment date (delivery date as per contract) +g) Basis of delivery (FOB/FCA/CIP/CIF) +h) Supply Order / Contract No. and date +i) Shipment from . To  +j) Details of consignee and/or ultimate Consignee +k) Acceptability of part shipment +l) Acceptability of trans-shipment +m) List of documents required from beneficiary for release of payment +n) Applicability and conditions of LD Clause +1.5 SPECIAL INSTRUCTIONS/ PROCEDURE FOR OPENING OF LC AND PAYMEN T +MECHANISM: +1.5.1 Process for opening of LC will be initiated by the Lab/Estt, as per the schedule of opening +of LC in the contract, after receipt of the following documents: +a) Performance security deposit; +b) Export clearance, if applicable; +c) Order acknowledgement; \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_205.txt b/new_scrap/PM-2020.pdf_chunk_205.txt new file mode 100644 index 0000000..ae98042 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_205.txt @@ -0,0 +1,29 @@ +191 + 1.5.2 Documents required for Opening of LC : Lab/Estt will process the case for the item-wise +release of FE before opening of LC in the contract. The following documents are required +by issuing bank through paying authority for opening of LC: +a) Forwarding letter +b) Request letter for opening of LC, as per DRDO.LC.01 , with the condition that the +Bank Release Order (BRO) will be issued by bank within 24 hrs. +c) Form No. 2 - Application and guarantee, as per DRDO.LC.02 (contains the details of +documentary evidences required) +d) Declaration cum Undertaking (under section 10 (5), chapter III of the FEMA, 1999) +e) Application for remittance in foreign currency (Form A-1/A-2 (Stores/ Services)), as +per format DRDO.LC.03 and DRDO.LC.04 +f) Copy of Contract and amendments thereof +Five sets of above documents will be prepared by the Lab/Estt. Three sets will be +forwarded to the issuing bank, one set will be forwarded to the paying authority and one +will be retained by the Lab/Estt in the procurement file. +1.5.3 Opening of LC : subsequently, the Issuing Bank establishes the LC with a unique LC +number allotted to each payment case and intimates the paying authority and the Lab/Estt. +about the opening of LC. +1.6 RELEASE OF PAYMENT AGAINST LC: +1.6.1 Paid shipping documents are required to be provided to Advising Bank/ nominated +Negotiating Bank by the Seller, as proof of dispatch of goods as per contractual terms, to +get his payment against the LC. The Negotiating Bank forwards one set each of these +documents to the Issuing Bank and the Landing Officer/ rep. of Consignee, as specified in +the Contract, for getting the goods/ stores released from the Port/ Airport. The documents, +the details of which should be specified in the contract, include: +a) Full set of clean on board Air Way Bill (AWB)/ Bill of Lading (B/L) in original +b) Original invoice in triplicate (ink-signed) +c) Item-wise packing list \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_206.txt b/new_scrap/PM-2020.pdf_chunk_206.txt new file mode 100644 index 0000000..598f6f4 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_206.txt @@ -0,0 +1,27 @@ +192 + d) Certificate of country of origin of goods +e) Certificate of quality and current manufacture from OEM +f) Dangerous cargo certificate, if any. +g) Insurance policy of 110% if CIF/CIP contract, wherever applicable. +h) Certificate of conformity & acceptance test at PDI/FAT, signed by Buyer's and +Seller's QA Dept., if provided in contract +i) Phyto-sanitary/Fumigation certificate, if applicable +j) Warranty certificate, if applicable +k) Any other document as mentioned in LC +1.7 AMENDMENT OF LC: +Any amendment to LC requires consent of both the parties. Director of Lab/Estt. is +authorised to accord approval for processing the case for amendment of LC. However, in +case, where amendment to LC requires amendment to the contract, prior approval of +amending the contract shall be obtained by the Lab/Estt. from Competent Authority/ CFA, +as applicable. The process for amendment of LC would be initiated after ensuring the +followings: +a) Request from the Seller for amendment of LC +b) Re-confirmation regarding continuing availability of funds for releasing payment. +c) Commensurate extension, if any, of BG by the Seller. +d) The onus of bearing charges for LC extension would be on the Seller or the Buyer +depending upon the one who seeks/ is responsible for the extension. +1.7.1 Documents required for Amendment of LC : All cases for LC amendment would be +routed through the paying authority to the issuing bank along with the following documents: +a) Forwarding letter +b) Vendor’s request for LC amendment +c) Amendment to contract indicating the required DP, LD applicability \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_207.txt b/new_scrap/PM-2020.pdf_chunk_207.txt new file mode 100644 index 0000000..b9b4149 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_207.txt @@ -0,0 +1,29 @@ +193 + d) Certificate for onus of banking charges payable for LC amendment +1.8 DIRECT BANK TRANSFER: +1.8.1 Direct Bank Transfer (DBT) : DBT mode of payment to a foreign Seller should be insisted +upon in contracts up to a monetary value of US $ 100,000. DBT payment may also be +agreed to in case of contracts of higher monetary value, if acceptable to the Seller. +1.8.2 Advantages of DBT : Direct Bank Transfer shows a high degree of trust between the +parties as the payment can be made by the Buyer after the receipt and inspection of goods +at its premises. Payment through DBT is cost-effective as compared with LC. +1.8.3 Processing of DBT payment : The following steps are involved: +a) Once the goods are ready and the Seller dispatches them by the agreed mode. +b) The Seller sends one copy of the Bill of Lading/ Airway Bill along with the Invoice, in +original (ink signed) to the Buyer directly confirming that one set of the documents +has been sent to the port consignee for getting the goods/stores released from the +Port/ Airport authorities. +c) Following documents will be provided by the Lab/Estt to the bank through paying +authority for processing the payment: +(i) Forwarding letter +(ii) Declaration cum Undertaking (under section 10 (5), chapter III of the FEMA, +1999) +(ii) Application for remittance in foreign currency (form A-1/A-2 (Stores/ +Services)), as per format DRDO.LC.03 and DRDO.LC.04 +(iii) Original Invoice (ink signed) +(iv) Copy of Contract and amendments thereof +(v) All other shipping documents as specified in the contract viz. Packing List, +AWB/ BOL, Insurance Policy, Certificate of Quality, Warranty certificate, etc. +1.8.4 It may be noted that the payment should be made within stipulated period. In case of delay +in payment is apprehended, a ‘no -interest liability certificate’ should be obtained from the +Seller to obviate imposition of interest on the outstanding amount. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_208.txt b/new_scrap/PM-2020.pdf_chunk_208.txt new file mode 100644 index 0000000..78b3a03 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_208.txt @@ -0,0 +1,30 @@ +194 + 1.9 BANK GUARANTEE (BG): +1.9.1 Definition : BG is a written undertaking obtained from the Seller through his bank, as +a guarantee that he would fulfill the promise/ terms and conditions of the contract and to +ensure the discharge of liability of the Seller in case of his default. Three parties are +involved in the agreement, namely the Applicant (Seller), the Beneficiary (Buyer) and the +bank as the guarantor. +1.9.2 Essential Elements of BG : The essential elements of BG are as follows: +a) The prescribed format in which BGs are to be accepted should be enclosed with the +RFP and the language should be verified verbatim by the Buyer on receipt with the +original BG format. The essential elements of BG indicated above should be cross- +checked from the contract for correctness. +b) While accepting BG’s of foreign banks it should also be checked that the Applicable +Law indicated in the Agreement is Indian and the date of validity has been specified. +c) Sellers be told that BGs to be submitted by them should be sent directly by the +Issuing Bank to the beneficiary by secured means. +d) The validity period of BG be checked (60 days beyond completion of all contractual +obligations, including warranty period if any) +e) In exceptional cases, when BGs are received through the vendors/ Sellers etc., the +issuing bank should be requested to immediately send an unstamped duplicate copy +of the Guarantee directly to the beneficiary with its covering letter to facilitate +validation. +f) As a measure of abundant caution, all BGs should be independently verified by the +beneficiary when they are received from the Guarantor Bank. In case of BGs of +foreign banks, assistance may be sought from SBI to check the authenticity of the +BGs received. Such authentication would necessarily entail payment of service +charges to SBI. +1.10 ACCEPTANCE OF BANK GUARANTEES: +1.10.1 Acceptance of various types of Guarantees : Acceptance of Bank Guarantee for +indigenous and foreign vendors should be undertaken as follows: \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_209.txt b/new_scrap/PM-2020.pdf_chunk_209.txt new file mode 100644 index 0000000..d5c34f6 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_209.txt @@ -0,0 +1,32 @@ +195 + a) Indigenous Vendors: Bank guarantee issued by any of the Public Sector Banks or +scheduled private sector commercial banks should be accepted. +b) Foreign Vendors: The Seller will be required to furnish Bank Guarantee from a +foreign bank of international repute (as per advice received from SBI, Foreign +Division Branch regarding acceptability of the bank guarantee) drawn in favour of the +Govt. of India/ Ministry of Defence . +1.10.2 Advisory Services of SBI : The Buyer may take the advisory services of SBI to +authenticate the status of the bank from which the BG is being given by the foreign Seller. +Under ‘advisory’ services to the Buyer e.g. with regard to acceptability of a BG furnished by +a vendor from a foreign bank, the Bank only checks the risk status of the country and the +credit rating of the bank in the international market. It, however, does not check the +language or terms & conditions of agreement contained in the bank guarantee. Therefore, +it is the responsibility of the Buyer to check the language given in the bank guarantee and +verify whether it is as per the prescribed format, containing no ambiguity or conditions that +are not verifiable by the banks. If the SBI advises that the guarantee is from a foreign bank +of international repute and country-rating is satisfactory, the same will be accepted by the +Buyer. In case the advice of SBI is that the guarantee is not from a bank of international +repute with satisfactory country rating and/or a confirmation of a reputed Indian bank is +required to be obtained, then the guarantee will be got confirmed by an Indian public sector +bank or a scheduled commercial private sector bank. This confirmation would entail +additional bank charges to be paid by the Buyer to the Confirming bank towards +confirmation of the bank guarantee. +1.10.3 The following additional Services may be availed from SBI: +a) In case of Sellers from high risk country, BG may be got executed through the +branch of SBI/ their Correspondent Banks located nearest to the Seller’s country. +b) List of countries where the SBI has a branch office or tie-ups with correspondent +banks is available on the SBI Website circular. +1.11 INVOCATION OF BANK GUARANTEE: +Guarantees can only be invoked by the Buyer after fulfilling the following conditions: +a) The claim/ intimation should reach the issuing Bank on or before the expiry of validity +of date of the guarantee. The claim letter should be faxed immediately and then sent \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_21.txt b/new_scrap/PM-2020.pdf_chunk_21.txt new file mode 100644 index 0000000..30718d1 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_21.txt @@ -0,0 +1,32 @@ +27 + ascertain whether contractor has requisite experience in carrying out the nature +and value of job presently envisaged. In this regard, it is necessary that bidders +should have experience of having supplied and erected similar item/equipment of +the value equivalent to some percentage of the estimated cost. Pre-qualification +criteria should specify: +(i) The details and nature of similar works in clear and unambiguous terms. +(ii) That single order value would be considered to determine the value of the +job completed satisfactorily. +(iii) That the executed order value would not take into account the Free Issue +Material (FIM) value issued to the contractor. +(iv) Any other criteria as deemed fit. +b) Technical Requirements: Availability of infrastructure required to perform +intended work. +(i) Availability of qualified personnel and support staff (minimum qualification +may be mentioned). +(ii) Experience of key personnel. +(iii) Availability of in- house QA practices/ Standards. +(iv) Any other criteria as deemed fit. +c) Other relevant details, such as : +(i) Incorporation details about the company. +(ii) Organization expansion plan in the near future. +(iii) Details of orders under execution/orders received, work to be started. +(iv) Past performance details with DRDO (if any). +(v) Details of litigation/arbitration with other clients, if any. +(vi) Any other criteria as deemed fit. +d) Prospective bidders would be asked to submit relevant documents in support of +their claims. 28 + e) For further details, CVC guidelines on Pre-Qualification Criteria issued vide OM +No. 12-02-1-CTE-6 dated 17.12.2002 as amended available on CVC website +may be referred. + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_210.txt b/new_scrap/PM-2020.pdf_chunk_210.txt new file mode 100644 index 0000000..418c45e --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_210.txt @@ -0,0 +1,8 @@ +196 + physically to be delivered to the bank concerned. +b) The claim/ intimation should be in strict conformity with the terms of the Guarantee. +c) Guarantor bank cannot enquire into the merits of the claim or take views on any +dispute between the applicant and the beneficiary. +d) On compliance of terms of the guarantee, payments are to be effected immediately +and unconditionally by the bank. + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_211.txt b/new_scrap/PM-2020.pdf_chunk_211.txt new file mode 100644 index 0000000..0d7f147 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_211.txt @@ -0,0 +1,39 @@ +197 + +PRE-CONTRACT INTEGRITY PACT + +General + The pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on +……………day of the month of ……………… Year, between, on one hand, the President of +India acting through Shri ………………… , Designation of the officer, Ministry/Department, +Government of India (hereinafter called the „BUYER‟, which expression shall mean and +include, unless the context otherwise requires, his successors in office and assigns) of the +First Part and M/s. …………………… Represented by Shri. ………………… . Chief Executive +Officer (hereinafter called the “BIDDER/Seller” which expression shall mean and include, +unless the context otherwise requires, his successors and permitted assigns) of the Second +Part. + +WHEREAS the BUYER proposes to procure (Name of the Stores/Equipment/ Item) and the +BIDDER/Seller is willing to offer/has offered the stores and + +WHEREAS the BIDDER is a Private Company/Public Company/Government +Undertaking/Partnership/Registered Export Agency, constituted in accordance with the +relevant law in the matter and the BUYER is a Ministry/Department of the Government of +India/PSU performing its functions on behalf of the President of India. + +NOW THEREFORE, +To avoid all forms of corruption by following a system that is fair, transparent and free from +any influence/prejudiced dealings prior to, during and subsequent to the currency of the +contract to be entered into with a view to:- + +Enabling the BUYER to obtain the desired said stores/equipment at a competitive price in +conformity with the defined specifications by avoiding the high cost and the distortionary +impact of corruption on public procurement, and + +Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to +secure the contract by providing assurance to them that their competitors will also abstain +from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in +any form, by its officials by following transparent procedures. + +The parties hereto hereby agree to enter into this Integrity Pact and agree as follows: + Annexure ‘ B’ \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_212.txt b/new_scrap/PM-2020.pdf_chunk_212.txt new file mode 100644 index 0000000..d32e892 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_212.txt @@ -0,0 +1,38 @@ +198 + Commitments of the BUYER + +1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly +with the contract, will demand, take a promise for or accept, directly or through +intermediaries, any bribe, consideration, gift, reward, favour or any material or +immaterial benefit or any other advantage from the BIDDER, either for themselves or +for any person, organisation or third party related to the contract in exchange for an +advantage in the bidding process, bid evaluation, contracting or implementation +process related to the contract. + +1.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike, and will +provide to all BIDDERs the same information and will not provide any such +information to any particular BIDDER which could afford an advantage to that +particular BIDDER in comparison to other BIDDERS. +1.3 All the officials of the BUYER will report to the appropriate Government office any +attempted or completed breaches of the above commitments as well as any +substantial suspicion of such a breach. + +2. In case any such preceding misconduct on the part of such official(s) is reported by +the BIDDER to the BUYER with full and verifiable facts and the same is prima facie +found to the correct by the BUYER., necessary disciplinary proceedings, or any other +action as deemed fit, including criminal proceedings may be initiated by the BUYER +and such a person shall be debarred from further dealings related to the contract +process. In such a case while an enquiry is being conducted by the BUYER the +proceedings under the contract would not be stalled. + +Commitments of BIDDERS + +3. The BIDDER commits itself to take all measures necessary to prevent corrupt +practices, unfair means and illegal activities during any stage of its bid or during any pre- +contract or post-contract stage in order to secure the contract or in furtherance to secure it +and in particular commit itself to the following:- + +3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, +consideration, reward, favour, any material or immaterial benefit or other advantage, +commission, fees, brokerage or inducement to any official of the BUYER, connected +directly or indirectly with the bidding process, or to any person, organisation or third \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_213.txt b/new_scrap/PM-2020.pdf_chunk_213.txt new file mode 100644 index 0000000..ad21d90 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_213.txt @@ -0,0 +1,40 @@ +199 + party related to the contract in exchange for any advantage in the bidding, evaluation, +contracting and implementation of the contract. + +3.2 The BIDDER further undertakes that it has not given, offered or promised to give, +directly or indirectly any bribe, gift, consideration, reward, favour, any material or +immaterial benefit or other advantage, commission, fees, brokerage or inducement to +any official of the BUYER or otherwise in procuring the Contract or forbearing to do +or having done any act in relation to the obtaining or execution of the contract or any +other contract with the Government for showing or forbearing to show favour or +disfavour to any person in relation to the contract or any other contract with the +Government. + +3.3* BIDDERS shall disclose the name and address of agents and representatives and +Indian BIDDERs shall disclose their foreign principals or associates. + +3.4* BIDDERs shall disclose the payments to be made by them to agents/brokers or any +other intermediary, in connection with this bid/contract. + +3.5* The BIDDER further confirms and declares to the BUYER that the BIDDER is the +original manufacturer/integrator/authorized government sponsored export entity of +the defence stores and has not engaged any individual or firm or company whether +Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or +any of its functionaries, whether officially or unofficially to the award of the contract to +the BIDDER, nor has any amount been paid, promised or intended to be paid to any +such individual, firm or company in respect of any such intercession, facilitation or +recommendation. + +3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or +before signing the contract, shall disclose any payments he has made, is committed +to or intends to make to officials of the BUYER or their family members, agents, +brokers or any other intermediaries in connection with the contract and the details of +services agreed upon for such payments. + +3.7 The BIDDER will not collude with other parties interested in the contract to impair the +transparency, fairness and progress of the bidding process, bid evaluation, +contracting and implementation of the contract. + +3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, +unfair means and illegal activities. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_214.txt b/new_scrap/PM-2020.pdf_chunk_214.txt new file mode 100644 index 0000000..489922d --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_214.txt @@ -0,0 +1,40 @@ +200 + +3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, +or pass on to others, any information provided by the BUYER as part of the business +relationship, regarding plans, technical proposals and business details, including +information contained in any electronic data carrier. The BIDDER also undertakes to +exercise due and adequate care lest any such information is divulged. + +3.10 The BIDDER commits to refrain from giving any complaint directly or through any +other manner without supporting it with full verifiable facts. + +3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any +of the actions mentioned above. + +3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the +BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, +or alternatively, if any relative of an officer of the BUYER has financial interest/stake +in the BIDDER‟s firm, the same shall be disclosed by the BIDDER at the time of filing +of tender. + + The term „relative‟ for this purpose would be as defined in Section 6 of the +Companies Act 1956. + +3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary +dealings or transactions, directly or indirectly, with any employee of the BUYER. + +4. Previous Transgression + +4.1 The BIDDER declares that no previous transgression occurred in the last three years +immediately before signing of this Integrity Pact, with any other company in any +country in respect of any corrupt practices envisaged hereunder or with any Public +Sector Enterprises in India or any Government Department in India that could justify +BIDDER‟s exclusion from the tender process. + +4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can +be disqualified from the tender process or the contract, if already awarded, can be +terminated for such reason. + + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_215.txt b/new_scrap/PM-2020.pdf_chunk_215.txt new file mode 100644 index 0000000..866e24f --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_215.txt @@ -0,0 +1,37 @@ +201 + 5. Earnest Money (Security Deposit) + +5.1 While submitting commercial bid, the BIDDER shall deposit an amount +……………………….. (to be specified in RFP) as Earnest Money/Security Deposit, +with the BUYER through any of the following Instruments. + + i) Bank Draft or Pay Order in favour of …………………………………. +ii) A confirmed guarantee by an Indian Nationalised Bank, promising payment of +the guaranteed sum to the BUYER on demand within three working days +without any demur whatsoever and without seeking any reasons whatsoever. +The demand for payment by the BUYER shall be treated as conclusive proof +of payment. +iii) Any other mode or through any other instrument (to be specified in the RFP). + +5.2 The Earnest Money/Security Deposit shall be valid upto a period of five years or the +complete conclusion of the contractual obligati ons to the complete satisfaction of +both the BIDDER and the BUYER, including warranty period, whichever is later. + +5.3 In case of the successful BIDDER a clause would also be incorporated in the Article +pertaining to Performance Bond in the Purchase Contract that the provisions of +Sanction for Violations shall be applicable for forfeiture of Performance Bond in case +of decision by the BUYER to forfeit the same without assigning any reason for +imposing sanction for violation of this Pact. + +5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest +Money/Security Deposit for the period of its currency. + +6. Sanctions for Violations + +6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or +acting on its behalf (whether with or without the knowledge of the BIDDER) shall +entitle the BUYER to take all or any one of the following actions, wherever required:- + +i) To immediately call off the pre contract negotiations without assigning any +reason or giving any compensation to the BIDDER. However, the +proceedings with the other BIDDER(s) would continue. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_216.txt b/new_scrap/PM-2020.pdf_chunk_216.txt new file mode 100644 index 0000000..7a5aaa8 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_216.txt @@ -0,0 +1,33 @@ +202 + ii) The Earnest Money Deposit (in pre-contract stage) and/or Security +Deposit/Performance Bond (after the contract is signed) shall stand forfeited +either fully or partially, as decided by the BUYER and the BUYER shall not be +required to assign and reason therefore. +iii) To immediately cancel the contract, if already signed, without giving any +compensation to the BIDDER. +iv) To recover all sums already paid by the BUYER, and in case of an Indian +BIDDER with interest thereon at 2% higher than the prevailing Prime Lending +Rate of State Bank of India, while in case of a BIDDER from a country other +than India with interest thereon at 2% higher than the LIBOR. If any +outstanding payment is due to the BIDDER from the BUYER in connection +with any other contract for any other stores, such outstanding payment could +also be utilized to recover the aforesaid sum and interest. +v) To encash the advance bank guarantee and performance bond/warranty +bond, if furnished by the BIDDER, in order to recover the payments, already +made by the BUYER, along with interest. +vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be +liable to pay compensation for any loss or damage to the BUYER resulting +from such cancellation/rescission and the BUYER shall be entitled to deduct +the amount so payable from the money(s) due to the BIDDER. +vii) To debar the BIDDER from participating in future bidding processes of the +Government of India for a minimum period of five years, which may be further +extended at the discretion of the BUYER. +viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any +middleman or agent or broker with a view to securing the contract. +ix) In cases where irrevocable Letters of Credit have been received in respect of +any contract signed by the BUYER with the BIDDER, the same shall not be +opened. +x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit +the same without assigning any reason for imposing sanction for violation of +this Pact. + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_217.txt b/new_scrap/PM-2020.pdf_chunk_217.txt new file mode 100644 index 0000000..9a06741 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_217.txt @@ -0,0 +1,40 @@ +203 + 6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i) +to (x) of this Pact also on the Commission by the BIDDER or any one employed by it +or acting on its behalf (whether with or without the knowledge of the BIDDER), of an +offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of +Corruption Act, 1988 or any other statute enacted for prevention of corruption. + +6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact +has been committed by the BIDDER shall be final and conclusive on the BIDDER. +However, the BIDDER can approach the independent Monitor(s) appointed for the +purposes of this Pact. + +7. Fall Clause + +7.1 The Bidder undertakes that it has not supplied/is not supplying similar +product/systems or subsystems at a price lower than that offered in the present bid in +respect of any other Ministry/Department of the Government of India or PSU and if it +is found at any stage that similar product/systems or sub systems was supplied by +the BIDDER to any other Ministry/Department of the Government of India or a PSU +at a lower price, then that very price, with due allowance for elapsed time, will be +applicable to the present case and the difference in the cost would be refunded by +the BIDDER to the BUYER, if the contract has already been concluded. + +8. Independent Monitors + +8.1 The BUYER has appointed Independent Monitors (hereinafter referred to as +Monitors) for this Pact in consultation with the Central Vigilance Commission (Names +and Addresses of the Monitors to be given). + +8.2 The task of the Monitors shall be to review independently and objectively, whether +and to what extent the parties comply with the obligations under this Pact. + +8.3 The Monitors shall not be subject to instructions by the representatives of the parties +and perform their functions neutrally and indep endently. + +8.4 Both the parties accept that Monitors have the right to access all the documents +relating to the project/procurement, including minutes of meetings. + +8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he +will so inform the Authority designated by the BUYER. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_218.txt b/new_scrap/PM-2020.pdf_chunk_218.txt new file mode 100644 index 0000000..dd3e264 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_218.txt @@ -0,0 +1,39 @@ +204 + +8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to +all Project documentation of the BUYER including that provided by the BIDDER. The +BIDDER will also grant the Monitor, upon his request and demonstration of a valid +interest, unrestricted and unconditional access to his project documentation. The +same is applicable to Subcontractors. The Monitor shall be under contractual +obligation to treat the information and documents of the BIDDER/Subcontractor(s) +with confidentiality. + +8.7 The BUYER will provide to the Monitor sufficient information about all meetings +among the parties related to the Project provided such meetings could have an +impact on the contractual relations between the parties. The parties will offer to the +Monitor the option to participate in such meetings. +8.8. The Monitor will submit a written report to the designated Authority of +BUYER/Secretary in the Departmen t/within 8 to 10 weeks from the date of reference +or intimation to him by the BUYER/BIDDER and should the occasion arise, submit +proposal for correcting problematic situations. + +9. Facilitation of Investigation + + In case of any allegation of violation of any provisions of this Pact or payment of +commission, the BUYER or its agencies shall be entitled to examine all the +documents including the Books of Accounts of the BIDDER and the BIDDER shall +provide necessary information and documents in English and shall extend all +possible help for the purpose of such examination. + +10. Law and Place of Jurisdiction + +This pact is subject to Indian Law. The place of performance and jurisdiction is the +seat of the BUYER. + +11. Other Legal Action + +The actions stipulated in this Integrity Pact are without prejudice to any other legal +action that may follow in accordance with the provisions of the extant law in force +relating to any civil or criminal proceedings. + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_219.txt b/new_scrap/PM-2020.pdf_chunk_219.txt new file mode 100644 index 0000000..5ed67d8 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_219.txt @@ -0,0 +1,30 @@ +205 + 12. Validity + +12.1 The validity of this Integrity Pact shall be from date of its signing and extend +upto 5 years or the complete execution of the contract to the satisfaction of +both the BUYER and the BIDDER/Seller, including warranty period, +whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall +expire after six months from the date of the signing of the contract. +12.2 Should one or several provisions of this Pact turnout to be invalid; the +remainder of this Pact shall remain valid. In this case, the parties will strive to +come to an agreement to their original intentions. + +13. The parties hereby sign this Integrity Pact at …………… on ……………… + +BUYER BIDDER +Name of the Officer CHIEF EXECUTIVE OFFICER +Designation +Deptt./MINISTRY/PSU + +Witness Witness +1……………………………………. 1……………………………………………. + +2……………………………………… 2……………………………………………. + +* Provisions of these clauses would need to be amended/ deleted in line with the policy of +the BUYER in regard to involvement of Indian agents of foreign suppliers. + + + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_22.txt b/new_scrap/PM-2020.pdf_chunk_22.txt new file mode 100644 index 0000000..d715693 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_22.txt @@ -0,0 +1,55 @@ +29 + 4 CHAPTER 4 +DEMAND INITIATION AND APPROVAL +4.1 DETERMINATION OF NEE D: +In every case of procurement, the Buyer shall first determine the need (including +anticipated requirement). While assessing the need the Buyer, to the extent possible, +shall take into account the estimated cost of the procurement and shall also decide on +the following matters, namely: +a) The scope and quantity of procurement; +b) Limitation on participation of bidders with justification; +c) The mode of bidding with justification; +d) Need for pre-qualification, if any; +e) Any other matter as may be required. +4.2 CLASSIFICATION OF DEMANDS: +The demands for procurement are generally classified in following categories: +a) Procurement of goods and services; +b) Placement of design development and fabrication contracts (covered in Chapter +12 of this Manual); +c) Procurement of books and periodicals for library (covered in Chapter 13 of this +Manual ); +d) Outsourcing of services (covered in Chapter 14 of this Manual) . 30 + 4.3 FORMULATION OF SPECIFICATIONS: +The most important step in any procurement is drawing up of the specifications that +meet the requirement. With the increasing complexity of the projects, the materials and +equipment needs have also become exacting, requiring professional skill in drawing up +the specifications. Detailed specifications supported by drawings and by specifying +standard units of measure in the Request For Proposal (RFP) will eliminate ambiguity. +It will also minimize apprehension of bidders on the level of risks they are expected to +bear and elucidate precise standards to which the commodity under purchase will be +tested/ inspected. This will also reduce chances of bidders inflating their prices to cover +perceived risks. +4.3.1 Unambiguous and detailed specifications help in methodical evaluation of bids by +assigning percentage marks to each individual attribute and establish a viable techno- +commercial link between performance/ quality standards and costs for fair and +equitable price assessment/ comparison. +4.3.2 The Buyer will observe adequate caution and set up a mechanism to ensure that +detailed specifications of an intended procurement are not tailor made to suit a +particular brand of product. Broad coverage of the functional performance and +environmental parameters will be spelt out in the specifications to allow competition. +4.3.3 While drawing specifications, we should ensure that it meets essential needs, it is +objective, functional and it sets out required technical / qualitative performance +characteristics. It should not indicate a requirement for a particular trademark/ brand. +To the extent possible, the specifications should be based on national or international +standards. +4.3.4 In case of lack of information while working out specifications, the Buyer may resort to +any of the methods given below: +a) Drawing the broad performance/ environmental parameters from the product +catalogues of reputed manufacturers. Detailed technical specifications may be +sought from different vendors through enquiries made verbally or official +correspondence or press notification by inviting Expression of Interest (EOI)/ +Request for Information (RFI). +b) Seek expert advice from academic institutions and other scientific organizations +having specialized knowledge and expertise. +c) Assignment of contracts to suitable professional agencies/ consultants for +drawing up of detailed specifications and evaluation parameters. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_220.txt b/new_scrap/PM-2020.pdf_chunk_220.txt new file mode 100644 index 0000000..4957f35 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_220.txt @@ -0,0 +1,3 @@ +‡ˆ‡…‡‡•‡ƒ”…ŠƬ‡˜‡Ž‘’‡–”‰ƒ‹•ƒ–‹‘ +‹”‡…–‘”ƒ–‡‘ˆ ‹ƒ…‡Ƭƒ–‡”‹ƒŽƒƒ‰‡‡– +Šƒ™ƒǡ‡™‡ŽŠ‹ǦͳͳͲͲͳͳ3URFXUHPHQW0DQXDOYN5HIX+N=M+NNMU \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_23.txt b/new_scrap/PM-2020.pdf_chunk_23.txt new file mode 100644 index 0000000..7edbb27 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_23.txt @@ -0,0 +1,68 @@ +31 + d) Directors may consider hiring the services of experts for preparation of Detailed +Project Report (DPR) and other pre-contract activities for procurement of high- +tech items mentioned under (b) and (c) above. It is expected that the consultancy +charges paid for the same would not exceed 1% of the estimated unit cost. +4.3.5 Expression of Interest (EOI)/ Request for Information (RFI): In those cases where +specifications/ cost/ likely sources of supply/ time schedule/ pre-qualification of +prospective bidders in respect of the desired goods or services are not clear, a notice +calling for EOI/RFI may be issued/ published with “in -principle” approval of CFA or / DG +Cluster (whichever is lower). Discussions may be held with the firms which have +responded to EOI/RFI to firm up the above before issuing the RFP. This may be +resorted to only for high value items (estimated cost ≥ Rs. 50 lakhs). +a) The EOI/RFI may be published in case of non-sensitive items on the website of +DRDO and CPP Portal. Enquiry for seeking EOI should include in brief, the broad +scope of work or service, inputs required by the Buyer. The prospective Sellers/ +service provider may also be asked to forward their comments/ suggestions on +the scope of the work or service projected in the enquiry. Normally three to four +weeks time should be allowed for getting responses from interested prospective +Sellers/ service providers. +b) Caution: No respondent will be eliminated at EOI stage unless it has been done +for the sole purpose of pre-qualification of prospective bidders as per the +provisions in Chapter 3 of this Manual. In such cases, the outcome of the pre- +qualification process will be intimated to all respondents and RFP may be issued, +with the approval of CFA, on Limited Bidding Mode (LBM) only to the pre- +qualified vendors. +4.4 POINTS TO BE CONSIDERED WHILE INITIATING DEMAND: +Demands for procurement of stores/services will be initiated by an officer as per para +4.6 of this Manual after checking the availability of stores with MMG. Indenter will +ensure: +a) That list of deliverables is clearly identified with specifications (ref er para 4.3 of +this Manual) and quantity in case of procurement of goods/ stores. The desired +and realistic delivery period also needs to be specified. +b) That scope and period of work is identified in case of procurement of services. +c) „Growth of Work’ : To cater to the situation of Growth of Work where exact +requirements cannot be determined and may undergo changes during execution 32 + of certain contracts for repair/ maintenance, the same shall be explicitly brought +to the notice of the CFA and approval of the same would be obtained at the time +of demand approval and expenditure sanction. The provision for growth of work is +also to be reflected in the RFP and relevant pro-rata rates are to be negotiated +and reflected in S.O/Contract accordingly. +d) That the quality related requirements are explicitly mentioned, where required. +e) That cost of the proposal is estimated with due diligence and care. The basis of +estimation will be placed on record. Estimated cost should be worked out in a +professional manner as it is a vital element in establishing the reasonableness of +prices. It should be worked out in realistic and objective manner on the basis of +prevailing market rates, last purchased price, economic indices for raw material/ +labour, other inputs costs, and assessment based on intrinsic values etc. +f) That proposed Mode of Bidding/ Repeat Order / Rate Contract/ Syllabus Work +Order Demand (SWOD) is mentioned along with likely sources of supply. +g) That "Proprietary Article Certificate" (PAC) as per format at DRDO.DM.02 for +proprietary items or justification for procurement on Single Bidding Mode (SBM) +as per DRDO.DM.03 is submitted, if applicable. +h) That inspection/acceptance test procedure, mode of transportation and +requirement of insurance cover along with other special instructions, as +applicable are clearly indicated. +i) That waivers sought from normal procurement process, if any, are explicitly +specified. For example, from e-Publishing, submission of Bank Guarant ee (BG) +etc. +j) That reference of projected demand in the Forecast Budget Estimate (FBE) is +mentioned, else reasons for non-reflection in FBE is recorded. +k) Eligibility Criteria for bidders as per Public Procurement (Preference to Make in +India), Order-2017 as amended issued by DPIIT/Ministry of Commerce and +Industry as applicable are considered. +l) That Vendor Qualification Criteria (VQC), where required, and special terms & +conditions for the particular purchase, as applicable, are mentioned. +m) Free Issue Material (FIM) : In contracts where Govt. property is entrusted to the +Seller, specific provision for safeguarding Govt. property needs to be included in +the RFP and contract. FIM would be safeguarded as per provisions of para \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_24.txt b/new_scrap/PM-2020.pdf_chunk_24.txt new file mode 100644 index 0000000..4f5c506 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_24.txt @@ -0,0 +1,66 @@ +33 + 6.43.2(c) and (d) . +n) Tha t Statement of Case (SoC) / Justification is enclosed with demand form . SoC +should clearly bring-out the justification/ reason and other relevant details +associated with the procurement. It should be kept in mind that expeditious +processing of proposals depends on the comprehensiveness and quality of the +SoC. The SoC would be initiated by the indenter and is expected to include: +(i) Justification for the requirement and quantity. Wherever „Growth of Work‟ is +envisaged in case of repair/maintenance contracts, same shall be explicitly +brought to the notice of CFA and explicit approval would be sought for the +same . +(ii) Justification for the proposed mode of bidding (if not an open bidding) and +selection of unregistered bidders, if any, in the list of likely sources. +(iii) A self-certification that the drawn specifications are not tailored to suit a +particular brand and are generic to attract competitive bidding if proposed +mode of bidding is competitive bidding. +(iv) Basis of estimated cost. +(v) Justification for each waiver sought. +Indenter will clearly highlight if Expenditure Sanction is also required from the CFA +along with demand approval. +4.5 COST ESTIMATION: +Correct estimation of rates/ cost is vital for establishing the reasonability of the offers +received from the bidders. It is, therefore, important that the rates/ cost are worked out in a +realistic, objective and professional manner on the basis of the prevailing market rates, +last purchase price, economic indices for raw material/ labour, other input costs and +assessment based on intrinsic value etc. It is equally important to evaluate the quotations/ +offers received in response to the RFP correctly to select the best offer. The guidelines for +assessment of rates/ cost, evaluation of quotations and determining price reasonability are +given herein. +4.5.1 Costing of Procurement Proposals: +a) Need for costing: The first stage at which costing needs to be done is when the +proposal is initiated by the indenter. It is necessary to work out the complete cost of a +procurement proposal to determine availability of funds to meet the expected cash 34 + outflow and the level at which it would need to be approved. It is, therefore, essential +that the cost is assessed realistically and comprehensively. The entire, all inclusive, +assessed cost should be the basis for determining the CFA. +b) Basis of costing: The cost of a procurement proposal may be assessed on the +basis of the Last Purchase Price (LPP), Cost Estimation Reasonability Committee +(CERC) report, Budgetary Quote obtained from one or more prospective Sellers, +Market Survey or any other method as may be appropriate in the context of a +particular purchase proposal. Any one or more of these methods can be used to +arrive at estimated cost. Cost input may also be taken from other DRDO Labs/Estts +or other Scientific Organisation of Govt. where Buyer is not confident about the +estimated cost. +c) Cost to be worked out in INR : Wherever applicable, the assessed cost should be +converted into the common denomination of Indian Rupees (INR) and shown both in +terms of the foreign currency and INR. The exchange rate adopted should be clearly +indicated. +4.6 DEMAND INITIATION: +4.6.1 Authority for Initiating Demand: +Demands for procurement of stores/ services will be initiated by officers of following +level duly countersigned by the Head of division/ group: +Estimated Cost Minimum Level of Initiation +Up to Rs. 10 lakh Sc. „B‟/ TO „B‟ or Equivalent +Head MMG/ Store Officer (for centrally stocked items) +Up to Rs. 50 lakh Sc. „C‟/ TO „C‟ or Equivalent +Up to Rs. 100 lakh Sc. „D‟/ TO „D‟ or Equivalent +Any Value Sc. „E‟ or Equivalent +4.6.2 Process of Demand Initiation: +a) "Demands" will be initiated as per the format at DRDO.DM.01 . +b) Items falling under different Major Heads of Budget/ Projects shall not be clubbed +in the same indent to facilitate proper accounting . +c) For procurement against sanctioned project, it needs to be confirm ed that the +proposed delivery is within the PDC of the project. Procurement should be +planned in a manner so as to ensure utilization of ordered stores/ services in the +Project for the stated purpose. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_25.txt b/new_scrap/PM-2020.pdf_chunk_25.txt new file mode 100644 index 0000000..5f93fe2 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_25.txt @@ -0,0 +1,66 @@ +35 + 4.6.3 Initiation of Demand along with Project Sanction : Lab/Estt may explicitly seek +Demand approval/ AON approval for items required for execution of the Project/Prog +along with Project/ Prog sanction itself. Demand approval of items may be approved by +respective CFAs, during the Project/Programme sanction process, in consultation with +respective Financial Advisors where applicable. +a) Separate approvals will be communicated for Project/Prog sanction and the related +demand approvals to obviate amendment to Project/Prog sanction letter in case any +change is to be made to the approved demand later on. +b) In case demand approval is given with Project/Prog sanction, expenditure sanction +would be taken subsequently from respective CFA as per provision of Chapter 9. +4.6.4 Initiation of Demand for Projects Submitted for Approval/ PDC extension/ Cost +Enhancement: +a) The Buyer may raise a demand for procurement and process it for approval +under Build-up as per the delegated powers against the requirement in a project +which is submitted for approval of CFA. SoC for such cases should clearly record +the reasons for doing so. The Buyer will ensure that the commitment will be made +only after project approval and the sanctions accorded would be deemed +transferred to the project. +b) The demands for procurement in sanctioned projects awaiting extension of +PDC/enhancement of funds from the CFA may be processed in the project in +anticipation of approval. However, the commitment will be made only after receipt +of the necessary approval. +4.6.5 Determination of CFA : The level of approval of CFA would depend on the total cost of +proposal, inclusive of all taxes, levies and other charges vis-à-vis mode of bidding. +a) CFA for the procurement of stores against Repeat Order would be decided as per +the provision of para 10.11.3 of this Manual. +b) F or procurement of goods and services already developed and being +manufactured by the Ordnance Factories through Syllabus Work Order Demand +(SWOD), CFA would be determined as per delegation of financial powers for +competitive bidding . +c) In case of procurement of stores, directly or through referral order, on Rate +Contract concluded by MoD, SHQs and PSOs of SHQ (MGO, COL, AOM, DGIS +etc.), CFA would be determined as per delegation of financial powers for 36 + competitive bidding. +4.7 PROCESSING OF DEMAND FOR APPROVAL: +4.7.1 Role and Responsibilities of Indenter : Indenter will initiate the demand as per +provisions of para 4.4 of this Manual and submit the same to the Head of Group/ +Division. Thereafter, he would continue to extend support during scrutiny of demand, at +the time of bid evaluation, order monitoring and acceptance stage. +4.7.2 Role and Responsibilities of Head of the Group/ Division : Group/ Division Head will +scrutinize specifications, quantity, estimated cost, special terms and conditions, vendor +qualification criteria, bid evaluation criteria, format of the price bid as proposed in the +demand and submit the same to MMG with recommendations after examining the +following aspects: +a) Existing holding of indented stores vis-à-vis consumption pattern or proposed +utilization. +b) Confirm that the necessity is absolute and there is no duplication. +c) Check against splitting of demand to avoid approval of higher CFAs. +d) Confirmation that the specifications mentioned are generic and do not contain +any brand name/ part/ model number except by way of indication of comparable +quality. +e) Recommend mode of bidding with justification/ comment on justification given by +indenter for recommending Single/ Limited/ PAC mode of bidding or Repeat +Order or RC or SWOD, as applicable. Also comment on justification for choosing +un-registered vendor, if any, and need of pre-bid conference, if required. +f) Confirm that proposed procurement is part of an approved annual build up/ +project procurement plan with reference to the relevant entry, else record reasons +for its non-reflection. +g) Ascertain whether proposed procurement requires any other complementary/ +supplementary expenditure such as on hardware, software, Civil works. If so, +provide details thereof. +h) Specify a realistic time for MMG to process the approved demand till the supply +order which normally should not exceed one year. +i) Comment on justifications given for dispensation from e-publishing and other +waivers, if requested. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_26.txt b/new_scrap/PM-2020.pdf_chunk_26.txt new file mode 100644 index 0000000..bde2e7e --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_26.txt @@ -0,0 +1,64 @@ +37 + j) Comment on eligibility criteria for bidders as per Public Procurement (Preference +to Make in India), Order-2017 as amended. +k) Comment on proposed VQC and special terms and conditions. +l) Comment on applicability of „Growth of Work‟. +m) Comment on the requirement of Expenditure Sanction along with demand +approval. +4.7.3 Role and Responsibilities of Lab : On receipt of demand proposal, MMG will either +issue the stores, if available in the central stores or from stores declared surplus in any +other group/ division of the Lab, else endorse “Not Available (N/A)” and assign control/ +reference number on demand and process the same for the approval of the Competent +Financial Authority (CFA). Before putting up the proposal to CFA for approval, Lab/Estt +would ensure following: +a) Non-availability endorsement will be made for centrally stocked items. This +endorsement is not required in case of service/maintenance contracts. +b) Ascertain whether the indented stores are covered under the purchase/ price +preference and product reservation policy issued by Govt. of India and DRDO +HQrs as applicable and recommend suitable action. +c) That demand has not been split to avoid sanction of higher CFA. +d) Scrutinize the special terms and conditions in RFP. +e) The eligibility criteria for bidders as per Public Procurement (Preference to Make +in India), Order-2017 as amended has been followed. +f) Explore the possibility of bulk purchase of common use items, PCs, spares for +other standard equipment/ machinery to derive quantity discount. +g) Endorse details of previous procurements, if any, in last three years including +quantity and prices. +h) Specify the registration status of proposed vendors in case of Single/ Limited/ +PAC mode of bidding. +i) Check the applicability of issue of GST Exemption and/or Custom Duty +Exemption for the proposed procurement. Further, if CDEC is proposed to be +issued, applicable para and/or sub para number of the relevant notification would +be indicated. 38 + j) In case of PAC mode of bidding, concurrence of finance on PAC certificate would +be taken for cases where financial concurrence is otherwise not required for +demand approval. +k) Record consolidated values of expenditure booked, commitments entered and +cases in the pipeline for procurement in sanctioned project. +l) Ensure availability of funds in relevant budget head at the time of expected cash +outgo. +m) Fix an amount for EMD between 2% to 5% of the estimated cost. +n) Fix a percentage for Performance Security Bond as per para 6.43.2(a), which +would be taken from the successful bidder. +o) Scrutinize the estimated cost of the proposal. +p) Scrutinize the requirement of „Growth of Work‟ if proposed . +q) Recommend the requirement of Expenditure Sanction on cost not exceeding +basis, subject to compliance of terms and conditions of the RFP, along with +demand approval +r) Check whether CNC is required to be convened per para 8.5.1 for COTS items/ +certain services etc. If CNC is not envisaged, same should be explicitly brought to +the notice of CFA at the time of demand approval . +4.7.4 Head of the Lab/Estt will satisfy himself about the roles and responsibilities of the Lab +as given above and sign or countersign the check-list as given in Part-II of +DRDO.DM. 01. +4.7.5 Head of the Lab/Estt may decide suitable procedure to process demand for approval +but the adopted procedure must ensure compliance of above stated points . +4.8 PROCESSING FOR DEMAND APPROVAL BY CFA: +Demand for approval of CFA will be processed under following categories: +4.8.1 Programs with Financially Empowered Boards : Specific projects/ programs, where +special sanctioning powers have been delegated to various management boards like +PJB, PMB and Apex Board, the proposed demands will be put up to the Standing +Committees of the respective management boards for approval as per the delegation of +financial powers. In such cases, Standing Committee of concerned board will endorse +compliance of roles and responsibilities of the Lab/Estt as stated in para 4.7.3 of this +Manual. Approvals accorded by Standing Committee will be ratified by the concern ed \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_27.txt b/new_scrap/PM-2020.pdf_chunk_27.txt new file mode 100644 index 0000000..ad172bb --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_27.txt @@ -0,0 +1,63 @@ +39 + Board. Cases beyond the delegated financial powers of Apex Board will be submitted +to the CFA by the Project/ Program Director for approval along with recommendations +of Apex Board and documents listed in para 4.9 of this Manual. +4.8.2 All Other Cases : MMG will submit the demand along with documents as listed in para +4.9 of this Manual for the approval of CFA. Concurrence of finance would be taken as +per the delegated financial powers. +4.8.3 Further action on procurement of such items will be taken after approval is accorded by +the CFA. +4.9 DOCUMENTS REQUIRED FOR DEMAND APPROVAL: +a) Copy of demand as per format DRDO.DM.01 with SoC. +b) Check-list signed/countersigned by the Director/Program Director as per Part II of +DRDO.DM.01 . +c) Copy of Draft RFP or all relevant details as per DRDO. BM.0 2. +d) Copy of PAC as per format DRDO.DM.02 , if applicable. +e) Copy of detailed justification for procurement through single bidding mode as per +format DRDO.DM.03 , if applicable. +f) Duly filled- in questionnaire for acceptance of necessity in case of Capital +procurement as per format DRDO.DM.04 , where applicable. +g) List of vendors with vendor registration/enlistment No. and basis of selection of +vendors (for Limited Bidding Mode (LBM)/ Single Bidding Mode ( SBM ) only). +h) EOI/RFI report, if applicable. +i) Scope of Free Issue Material (FIM). +j) Justification for waiver of e-publishing, e-procurement and any other terms and +conditions, if required. +4.10 APPROVAL OF DEMANDS: +Demand will be approved by the CFA as per the delegation of financial powers. The +demand approval by the CFA would freeze the item, quantity, mode of bidding and +RFP conditions. Wherever demand approval for procurement of stores has been +obtained along with the project sanction, then there is no need to obtain fresh demand +approval from CFA provided the project sanction letter explicitly specifies such 40 + approvals/ sanctions. +4.10.1 Expenditure Sanction along with Demand Approval : CFA may consider the +proposal to accord expenditure sanction along with demand approval on cost not +exceeding basis provided a rigorous costing exercise has been done and the cost +ceiling is supported with costing details as per para 8.8 of this Manual. The letter +conveying the demand approval will specify the same. Expenditure sanction so +accorded will remain valid subject to confirmation by the Head of Lab/Program on +compliance of following conditions: +a) That no amendment to the RFP, except in Part I, has been issued. +b) That finalized cost of the contract is within the sanctioned cost mentioned in +demand approval-cum-expenditure sanction. +c) That no deviation from the prevailing procurement process has been made. +d) That no deviation from the terms and conditions as stated in the Request For +Proposal (RFP) except the ones that have been recommended in the CNC +meeting and recorded in minutes. +4.10.2 All cases where demand has been approved by the CFA with the concurrence of +finance as per the delegated financial powers, the PAC signed by the Director would be +deemed as concurred by Finance, else concurrence of finance would be taken prior to +issue of PAC. +4.11 COMBINING VARIOUS STAGES OF PROCESSING: +A proposal, when initiated, should be complete in all respects so that all aspects +relating to cost, demand approval, vetting of Notice Inviting Bid/ RFP, etc., could be +examined simultaneously by the Integrated Finance, where required as per the +delegation of financial powers. Various stages of processing, to the extent feasible, +may be combined on the basis of requirement. +4.12 SUBMISSION OF MULTIPLE DEMANDS IN ONE- GO: +Labs/Estts may submit multiple demands in one go for the approval of CFA. Such +demands will be approved by appropriate CFA. +4.13 CONSOLIDATED PROCESSING OF PROCUREMENT INVOLVING SAME ITEMS +EMANATING FROM DIFFERENT PROJECTS IN THE SAME LAB: +4.13.1 If the same item is required for different projects/divisions/groups, the Lab/Estt may +consolidate multiple demands and submit a single proposal for the approval of CFA, \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_28.txt b/new_scrap/PM-2020.pdf_chunk_28.txt new file mode 100644 index 0000000..2d54cb5 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_28.txt @@ -0,0 +1,43 @@ +41 + instead of raising separate case file for every demand of same item. Such demands will +be approved by appropriate CFA as per cumulative value and expenditure heads of +relevant projects would be indicated in expenditure sanction and accordingly booked to +respective project expenditures for accounting purpose. +4.14 VALIDITY OF DEMAND APPROVAL: +The demand approval accorded by CFA will be issued in the form of an order and will +remain valid for one year from the date of issuance unless otherwise specified. The +Buyer shall ensure placement of Supply Order (SO) or signing of Contract, as per laid- +down procedure, within the period of validity; else re-validation of demand would be +required. +4.15 AMENDMENT OF DEMAND: +After demand approval and before issue of RFP if there is any change, the approval of +the appropriate CFA as per delegated financial powers will be required. + 42 + 5 CHAPTER 5 +PROCUREMENT OF GOODS/SERVICES: WITHOUT BIDDING +5.1 GENERAL: +Certain goods/ services may be procured without formal bidding process. The different +modes of purchase in such cases can be classified as under: +a) Govt. e-Marketplace (GeM) +b) Petty Purchase +c) Minor Purchase through Local Purchase Committee (LPC) +d) Purchase using Rate Contract +e) Govt. designated Sources +f) SWOD +5.2 PETTY PURCHASE PROCEDURE: +5.2.1 Petty purchase will normally be resorted to for procurement up to the amount specified +under Rule 154 of GFR-2017 and as amended from time to time or as per the +delegated petty purchase powers in respect of cases mentioned below: +a) For small value items/ services. +b) For procurement of goods & services of unanticipated/ emergent/ breakdown +nature required to be made at a short notice. +c) To meet requirements of parts/ components & services for trials of major +equipment and systems at outstation. +5.2.2 CFA will ensure that splitting of demands is avoided and provisions of purchase +preference as per Public Procurement (Preference to Make in India), Order-2017 as +amended, issued by DPIIT/ Ministry of Commerce and Industry are followed. +5.2.3 In the following types of cases, even though the value does not exceed petty purchase +limit, a regular supply order will be placed: +a) Foreign purchase, +b) Where the sale procedure of a particular firm does not provide for cash sale, and +c) Where the nature of transaction makes it necessary to issue a regular supply order. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_29.txt b/new_scrap/PM-2020.pdf_chunk_29.txt new file mode 100644 index 0000000..3d2ddc6 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_29.txt @@ -0,0 +1,68 @@ +43 + 5.2.4 Approval and processing of Petty Purchase : The Directors/ Project Directors/ +Program Directors can approve demand against petty purchase to meet small value +requirements as per delegated powers. All petty purchases made under such delegated +powers will be compiled monthly and a report, as given in the format at DRDO.DM.05 +will be submitted to CFA by Head MMG. Heads of Divisions should ensure that all +bought out items have been Brought On Charge (BOC). Stores Management +Guidelines may be referred for accounting of such purchased items. +5.2.5 A team comprising minimum two officials, including one officer nominated by CFA will +be deputed to make petty purchases. The petty purchases will be made on the verbal +enquiries by this team on the spot, preferably from authorized dealers/ agencies. +5.2.6 This team will certify in respect of each item that the purchase made by them was the +cheapest or alternatively record reasons for the purchase at higher cost. The team will +render a certificate as per following format: +“We _________________, are jointly and individually satisfied that these +goods/services purchased are of requisite quality and specifications and have been +purchased from a reliable source/ service provider at a reasonable price.” +5.2.7 Petty purchase by trial team leaders for trials outside Lab/Estt Premises : Trial +team leader will be specifically authorized by the CFA for hiring of vehicles and making +on-the-spot urgent petty purchases for each individual item up to the delegated petty +purchase power. These purchases will be effected through verbal enquiries by a team +of two persons, one of whom will be an officer, from the local market. The trial team +leader will record a certificate as per para 5.2.6 of this Manual. For this purpose, the +trial team leader will be authorized to carry a lump sum amount as required. The +settlement of such advances will be completed within 15 days after return from the +trials. +Note: The word “trial” is defined as “For this purpose, trial will be that activity wherein +an appropriate trial directive has been issued by the Directors of Labs/Estts/ +appropriate user authority. Such a directive will include nomination of a trial team +indicating members along with the leader, specifying scope of trial to be conducted in +the field/combat environment such as battle terrain, sea- borne or airborne.” +5.2.8 Petty purchase at outstation : When petty purchase at outstation is necessitated to +meet emergency/ special requirements or due to non-availability of stores at the local +station, approval of the CFA will be necessary to make such purchases. +5.2.9 Drawl and settlement of advances in petty purchase : Project/ Group Heads will 44 + consolidate their requirements against demands for which petty purchase has to be +done and forward the same as per proforma at DRDO.DM.06 to the Accounts Officer in +advance. The Accounts Officer will approach CFA for approval of consolidated +demands. Thereafter, user will be informed and Accounts Officer will give cash for +procurement. +a) On the intended day of petty purchase, the nominated officer will draw cash +advance from the Accounts Officer. +b) Petty purchases will be completed within two working days from the date of +drawal of cash. +c) A printed Cash Memo will be obtained, clearly indicating description of stores, +unit of accounting, prices and taxes charged. In case of Bill/Invoice, payment +receipt will also be taken. +d) The details of petty purchased items will be entered in the register maintained at +the gate security office before entering the Lab/Estt. Cash-memo/ Invoice/ bill will +be authenticated on the reverse by the security staff on duty. +e) After completion of the petty purchase, prompt action will be taken for settlement +of advance. One copy each of Cash Memo / Bill & Receipt will be handed over to +the Accounts Officer/ Advance Paying Officer along with the consolidated +statement of advance drawn and the amount actually spent on the petty +purchase. The relevant proforma to be used up to the final settlement are given in +DRDO.DM.06 (on reverse). Balance amount will be refunded in full settlement of +advance within a day after completion of the purchase. +f) One copy of the Cash Memo/ Bill & Receipt will be sent to MMG for centralized +accounting of petty purchase items. +5.2.10 Special dispensation for remotely located Labs/Estts : Some of DRDO Labs are +located in snowbound and other remote areas, which are communication-wise, +industrially and commercially under-developed. These Labs, besides their normal +activities, are called upon to provide support to the Services and local population in +disaster management. The Labs/Estts may approach DFMM, DRDO HQ to seek +additional budget allocation and enhancement of their delegated petty purchase powers +to meet the emergency. +5.2.11 Purchase of Drugs/ Medicines : The medicines in the Labs/Estts may be procured to +meet the immediate requirements of MI rooms/ dispensaries located within the \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_3.txt b/new_scrap/PM-2020.pdf_chunk_3.txt new file mode 100644 index 0000000..e69de29 diff --git a/new_scrap/PM-2020.pdf_chunk_30.txt b/new_scrap/PM-2020.pdf_chunk_30.txt new file mode 100644 index 0000000..770c2b6 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_30.txt @@ -0,0 +1,70 @@ +45 + premises of the Labs/Estts. The normal source of supply for the medicines is Armed +Forces Medical Stores Depots (AFMSDs). The Labs/Estts will place their quarterly +demands on the nearest AFMSD to ensure regular supply. +a) In the event of non-materialization of normal supply through the AFMSD, +Labs/Estts may resort to petty purchase of the medicines within their delegated +petty purchase powers after obtaining Non-Availability Certificate (NAC) from +AFMSD. Petty purchase may also be carried out to buy medicines to meet +immediate requirements. NAC will not be insisted in such cases. Such purchases +should be made from the authorized wholesale distributors of the manufacturers +or through super bazaars/ co-operative stores/ stockists, etc. +b) Medicines with appropriate shelf life will be bought in petty purchase. +5.3 MINOR PURCHASE PROCEDURE: +Purchase of goods/ services costing up to the amount specified under Rule 155 of +GFR-2017 and as amended from time to time. (may be made on the recommendations +of a duly constituted Local Purchase Committee (LPC) consisting of three members of +an appropriate level as decided by the Director of Lab/Estt. The committee will survey +the market to ascertain the reasonableness of rate, quality and specifications and +identify the appropriate firm. Before recommending placement of the purchase order, +the members of the committee will jointly record a certificate as under. + +"Certified that we ________________, members of the Local Purchase Committee +(LPC) are jointly and individually satisfied that the goods/services recommended for +purchase are of the requisite specification and quality, priced at the prevailing market +rate and the firm recommended is reliable and competent to supply the goods/ services +in question and it is not debarred by Department of Commerce or Ministry/Department +concerned." +5.3.1 CFA will ensure that splitting of demands is avoided and provisions of purchase +preferences as per Public Procurement (Preference to Make in India), Order-2017 as +amended, issued by DPIIT/ Ministry of Commerce and Industry are followed. +5.3.2 Obtaining Quotations by LPC : CFA may direct the LPC, responsible for carrying out +the market survey, to obtain quotations as a part of the market survey. Where no such +direction has been given, it would be up to the LPC to decide whether or not to obtain +quotations as part of documentation of market survey. In either case, details of the +market survey (firms contacted and the rates quoted by them) would be recorded by +the LPC. 46 + 5.3.3 After approval of LPC recommendations by CFA, supply order would be placed on +selected firm. +5.3.4 All relevant forms applicable for purchases with bidding process would be used in +purchases through LPC. +5.3.5 A separate record of such purchases for periodical review is advisable. +5.4 EXPENSES ON TRIALS/ LAUNCH CAMPAIGN/ EXHIBITIONS AT OUTSTATION: +Lab/Program/Project Director will estimate the provisional expenditure that may be +incurred on outstation activities such as exhibitions, development trials of missiles, +tanks, weapon systems, etc. and initiate the demand proposals for appropriate +approvals. The procurement of goods/ services for the purpose would be as per the +approval accorded. In such cases the amount required in cash would be drawn in +advance. The goods/ services up to the amount specified under Rule 155 of GFR-2017 +and as amended from time to time , may be procured without bidding as per para 5.2 ( +Petty Purchase procedure) or para 5.3 ( LPC procedure ) of this Manual, as applicable. +No capital item would be procured through such approvals. CRV preparation, where +required, would be completed for the purchased goods within 15 days after the +completion of the event. +5.5 PURCHASE OF GOODS THROUGH GEM: +The Govt. of India has established Government e-Marketplace (GeM) for common use +Goods and Services. The procurement of Goods and Services by Lab/Estt will be +mandatory for Goods and Services available on GeM. The procurements through GeM +portal are to be carried out as per provisions of Rule 149 of GFR- 2017 as amended. +Such procurement would be governed by GeM guidelines and to that extent, the +provisions of this Manual will not apply. +5.6 PURCHASE OF GOODS UN DER RATE CONTRACT (REFERRAL ORDERS): +Goods, for which MoD, SHQs and PSOs of SHQ (MGO, COL, AOM, DGIS etc.) has +rate contracts, can be procured directly from the original Rate Contract holding firm. +The original Rate Contract holding firm includes the authorized dealers/ distributors/ +agents of the RC holding firm, provided the latter has pre-disclosed the names of these +agents/ authorized dealers at various locations or the local stockist/ authorized dealers +can substantiate their claim by producing a certificate from the RC holding firm to the +effect that they are the firm‟s authorized stockist/ distributor/ agent/ dealer or can show +an agency agreement between them as proof thereof. The purchase must be +accompanied by a proper manufacturer certification. While resorting to such \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_31.txt b/new_scrap/PM-2020.pdf_chunk_31.txt new file mode 100644 index 0000000..c1b5868 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_31.txt @@ -0,0 +1,49 @@ +47 + procurement, it should be ensured that the prices to be paid for the goods do not +exceed those stipulated in the RC and the other salient terms and conditions of the +purchase are in line with the terms and conditions as specified in the contract except +for payment by paying authority. The Buyer should also make its own arrangement for +inspection and testing of such goods, where required. CFA will be determined as per +para 4.6.5 (c) of this Manual. Payment in such cases would be made by the concerned +CDA (R&D), their subordinate offices or other paying authorities as per the existing +arrangement. +5.7 PROCUREMENT FROM GOVT. DESIGNATED AGENCI ES: +The following categories of items may be procured directly from Govt. designated +agencies as per the procedures mandated by them: +a) Restricted items of supply. +b) In cases where Labs/Estts find it convenient to meet their requirement for certain +items through inter-service channels. +c) Where specific Government instructions exist to procure certain items only +through inter-service channels, e.g., standard MT vehicles, FOL, medical +supplies, other ASC/ Military Farm supplies/ Ordnance Depot items. +5.7.1 Procedure for Procurement : For such items, CFA will be determined as per +delegation of financial powers for competitive bidding. The following process shall be +adopted for procurement of stores from the Services Depots/ Ordnance Factories, etc: +a) The requirement will be based on standard scales or on actual requirements, duly +approved by CFA. +b) The demand will be prepared in proper form duly signed by an authorized officer +and submitted to Service Depots/ Ordnance Factories. +c) Controlled/ Census category of stores contained in the master list of controlled/ +Census stores for the Army and equivalent publications in the Navy/ Air Force, +will not be demanded by the Labs/Estts directly from the Services Depots but got +released from the respective service HQ through DRDO HQ by submitting proper +statement of case justifying the necessity. +5.7.2 Ordnance Factories : Certain stores peculiar to Ordnance Factories (OFs), either +stocked by them or manufactured by them, shall be procured from the factories after +approval of CFA in the under-mentioned manner. Such indents would be placed directly +on OFs without the need to issue any RFP. The CFA would be determined as per 48 + delegation of financial powers for competitive bidding. +a) Factory Stocked Stores (FSS): Demands for such items shall be raised directly +on Factories concerned, with a copy to Ordnance Factories Board (OFB). +b) Factory Manufactured Stores (FMS): Such items shall be procured by raising +Syllabus Work Order Demand (SWOD) on OFB with copies to concerned Factory +and their respective Accounts Offic e. +c) New Items/ Stores/ Fabrication Work: Labs/Estts may place supply +orders/contracts after negotiating the price and other terms. Issue of formal RFP +would not be mandatory. +5.8 ACCOUNTING OF PURCHA SES: +Copies of all demands placed on OFB, Govt. designated Agencies, etc., where +payment is effected through book adjustment, will be endorsed to the Accounting Cell +of the Lab/Estt. Labs/Estts will send a monthly report of new commitments made with +payment details, if any, to DFMM, DRDO HQ. + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_32.txt b/new_scrap/PM-2020.pdf_chunk_32.txt new file mode 100644 index 0000000..ae2b4ea --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_32.txt @@ -0,0 +1,65 @@ +49 + 6 CHAPTER 6 +BIDDING PROCESS +6.1 GENERAL: +Goods/ services should be procured by adopting one of the modes of bidding given in +this chapter except for the cases which are already covered under Chapter 5 of this +Manual. +6.1.1 Restrictions on Global Tender Enquiry (GTE) costing up to Rs 200 crore : +No Global Tender Enquiry (GTE), as defined under Rule 161 (iv) (a) of GFR-2017, shall +be invited for tenders upto Rs 200 crores or such limit as may be prescribed by the +Department of Expenditure from time to time. For tenders below such limit, in exceptional +cases, where the procuring entity feels that there are special reasons for GTE, it may +submit its detailed justifications to DRDO Hqrs. Subsequently, DRDO Hqrs would seek +prior approval for relaxation to the above rule from the Secretary (coordination), Cabinet +Secretariat or from any other Competent Authority specified by the Department of +Expenditure. +6.1.2 Participation of bidders whose country shares land border with India : +Participation of any bidder from a country which shares a land border with India will be +governed as per Rule 144(xi) of GFR- 2017 and subsequent orders issued by the +Department of Expenditure in this regard. +6.2 SINGLE/ TWO BID SYSTEM: +6.2.1 Single Bid System : For Commercial-Off- The-Shelf (COTS) general use items where +specifications are well established and technical clarifications are not required, single +bid system may be opted. In this system, techno-commercial and price bids are invited +in a single envelope. No sample should be called for in single bid system at the RFP +stage. +6.2.2 Two Bid System : For high value plant and machinery, technically complex equipment +and turnkey projects which need a thorough technical evaluation, two bid system may +be followed. In this system, the bids are invited in two envelopes sealed in single cover, +as techno-commercial bid and price bid respectively, as follows: +a) Techno-commercial bid consisting of all technical details along with commercial +terms & conditions; and +b) The price bid indicating prices of items mentioned in techno-commercial bid and 50 + cost break up as indicated in the RFP . +6.2.3 In a two bid system, only techno-commercial bid is opened at the time of opening of +bids. Price bids are opened only for those bidders who qualify the technical scrutiny as +per the RFP. +6.3 MODES OF BIDDING: +Generally the following modes of bidding will be followed for obtaining bids: +a) Open Bidding Mode (OBM) +b) Limited Bidding Mode (LBM) +c) Single Bidding Mode (SBM) +d) Proprietary Bidding Mode (PBM) +6.4 OPEN BIDDING MODE (OBM): +Open Bidding Mode (OBM) should be the preferred mode for procurement of common +use item, with generic/ commercial specifications, which are readily available off-the- +shelf in the market from a wide range of sources. All procurements of goods and +services where estimated cost is more than Rs. 25 lakh and Rs. 10 lakh respectively +should generally be made through this mode subject to exceptions provided in this +Chapter. However, OBM may also be resorted to in case of procurements where +estimated cost is less than the values specifi ed above if considered advantageous. +6.4.1 Open Bidding Mode involves wide publicity through advertising media to ensure +extensive competition. RFP will necessarily be hosted on Central Public Procurement +(CPP) Portal and DRDO website only. +6.4.2 Simultaneously, attention of renowned prospective bidders may also be drawn to the +RFP notification to enable them to offer the quotations after obtaining the RFP +documents from the Lab/Estt concerned or website. +6.4.3 In case a need is felt, Lab/Estt may also approach Foreign Embassies in India and +Indian Embassies/ Defence Attaché abroad by sending them a copy of RFP notification +with the list of prospective bidders to seek offers/ assistance through their liaison. +6.4.4 In case the RFP is downloaded from the website by the bidder, it will not be charged. +However, if the bidder wants it from the Lab/Estt, it will be supplied at rates tabulated +below which include postal charges. RFP will be supplied free of cost to MSEs +registered with National Small-Scale Industries Corporation (NSIC) and other such +agencies as decided by the Govt. Lab/Estt will not be responsible for any postal delay. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_33.txt b/new_scrap/PM-2020.pdf_chunk_33.txt new file mode 100644 index 0000000..a5c2edb --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_33.txt @@ -0,0 +1,65 @@ +51 + Sl. No. Mode of Access to RFP Price ( Rs. ) +1 If downloaded from website Free of cost +2 If supplied by Lab/Estt Rs. 500 + +6.4.5 OBM will also be followed for items where limited bidding, irrespective of its estimated +value, has not resulted in creation of expected competition and getting the best offer. +6.5 LIMITED BIDDING MODE (LBM): +This mode of bidding may be chosen where estimated value of goods and services to +be procured is up to Rs. 25 lakh and Rs. 10 lakh respectively . RFP will be floated to +more than three firms registered for that category of goods/ services with the Lab/Estt . +In case the number of firms registered with the Lab/Estt is less than four, the central +database of registered vendors on DRONA would be referred for identification of other +potential sources. In exceptional cases, CFA may consider issuance of RFP to lesser +number of potential bidders after recording the reasons in file. The following aspects +will be kept in mind while issuing RFP: +6.5.1 Vendor selection for the purpose of LBM must be done with utmost diligence so as to +give fair opportunity to the vendors who are registered with R&D Labs/Estts and the +Government designated agencies as specified by Govt. of India/DRDO HQrs from time +to time. +6.5.2 Un-registered vendors may also be considered for the purpose of LBM with the explicit +approval of CFA. However, their registration would be mandatory before placement of +order on them . +6.5.3 RFP documents are not transferable. +6.5.4 Help of Foreign Embassies in India and Indian Embassies/ Defence Attaché abroad +may be sought, if required, for the procurement of imported items. +6.5.5 Special circumstances for LBM : Purchase through LBM may also be adopted even +where the estimated value of the procurement is more than the specified values with +the approval of CFA under the following circumstances: +a) When the sources of supply are definitely known/ available (established through +OBM/ EOI in last one year) and possibility of fresh sources beyond these is remote. +b) When it is not in the public interest to call for open bidding due to reasons of +security or when superior authorities have issued specific instructions in this 52 + regard. +c) When Government policies designate specific agencies. +d) When the requirement of stores is urgent and reasons for such urgency are +justified by the indenter. Urgency of such cases will be specifically monitored till the +placement of order. +6.5.6 Demand approval accorded by CFA would include the names of the vendors to whom +the RFP will be sent. +6.5.7 RFP will be issued to all vendors as approved by CFA. +6.5.8 e-Publishing of RFP on LBM on the CPP Portal will be ensured unless approval of the +Secretary Defence R&D has been obtained with the concurrence of Addl. FA (R&D) & +JS. Unsolicited offers received as a result of e-publishing would not be considered for +the instant procurement but the response would be given to the Vendor Registration +Committee for consideration for future procurements. +6.6 INADEQUATE RESPONSE IN OBM AND LBM: +Quotations received (in single bid system) or technically qualified (in two bid system) +from at least three firms are considered adequate to process the procurement. Receipt +of less than three quotations (in single bid system) or technically qualified quotes (in +two bid system) will be considered as inadequate response. Such cases would be +dealt as per para 6.30 of this Manual. +6.6.1 In cases where RFP on LBM was issued to only two potential bidders with the prior +approval of CFA, quotations received (in single bid system) or technically qualified (in +two bid system) from only one firm will be considered as inadequate response and +would be dealt as per para 6.30 of this Manual. +6.7 SINGLE BIDDING MODE ( SBM ): +Procurement from a single source may be resorted to with the approval of CFA as per +delegation of financial powers. In such cases, detailed justification as per format +DRDO.DM.03 will be submitted for the approval of CFA. Procurement on SBM may be +resorted to under the following circumstances: +a) In case of emergency. +b) On account of operational/ technical requirement. +c) Non-proprietary items, when only single response is available, in spite of +competitive bidding. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_34.txt b/new_scrap/PM-2020.pdf_chunk_34.txt new file mode 100644 index 0000000..27d0c9b --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_34.txt @@ -0,0 +1,66 @@ +53 + d) Items to be purchased from a Government specified source. +e) Where any other m ode of bidding is not considered appropriate in the interest of +national security. +f) For technology intensive Projects/Programmes / R&D activities in progress, the +materials/ components required are available only with a few qualified +manufacturers/ vendors of repute. In such cases, flexibility will be allowed to +effect purchases on SBM. +6.8 AWARD OF PROPRIETARY ARTICLE CERTIFICATE (PAC) STATUS: +6.8.1 PAC status can be awarded under the following conditions: +a) Certain goods/ services are proprietary products of a particular manufacturing firm +having the Intellectual Property Rights (IPR) and the detailed specifications are not +available with others to manufacture/provide the same. Such goods/ services have +necessarily to be obtained from the Original Equipment Manufacturer (OEM) or its +sole authorized dealer/ stockist/ distributor on the basis of the information provided +by the OEM. A PAC may be issued in favour of such OEM as per format +DRDO.DM.02 , on the advice of the competent technical experts (from within +Lab/Estt or outside). +b) PAC status can be awarded for the developed stores to the firm selected and +qualified as development partner in execution of a development contract when +associated subsequently for fabrication/ up-gradation/ modification thereof. Orders +will be placed on PAC basis till such time an alternative source is developed. +c) PAC status can also be awarded to source services/ spares/ maintenance of +equipment from OEM/ authorized dealer. +6.8.2 Caution to be exercised while granting PAC : PAC bestows monopoly and obviates +competition. Hence, PAC status should be granted only after careful consideration of all +factors like fitness, availability, standardization and value for money. The spares should +be sourced from OEM or OEM approved/ recommended manufacturers/ dealers only in +order to make the OEM responsible for the malfunctioning of the main equipment in +which the spares have been fitted. +6.8.3 Authority for Award/ Cancellation of PAC Status : At the time of award of PAC +status to a firm, the concurrence of the finance shall be taken. The general declaration +of PAC status would be approved at the minimum level of Lab Director/ Programme +Director with the concurrence of Integrated Finance. The PAC status, once granted, wil l 54 + remain valid for two years from the date of issue unless cancelled earlier by the +Competent Authority. The PAC award can be cancelled by the issuing authority in +consultation with their Integrated Finance. +6.9 PROCUREMENT ON PBM BASIS: +6.9.1 Procurements on PBM basis will be made from firms awarded with PAC status or their +sole distributor on the following conditions: +a) Only a particular firm is the manufacturer of the required goods/ services. +b) In execution of a development contract from the firm selected and qualified as +development partner when associated subsequently for fabrication/ up-gradation/ +modification thereof till such time an alternative source is developed. +c) In order to ensure compatibility of spare parts/ components with the existing sets of +equipment as per the advice of the competent technical experts. +d) When there is a need for standardization of machinery and equipment with existing +holding. +e) Repair and servicing of equipment purchased may be got done through the OEM +approved service provider. +6.9.2 In cases, where OEM has more than one authorized dealers/ stockists/ distributors/ +service providers, orders would be placed on them on competitive basis. The CFA for +such purchases would, however, be determined in accordance with PAC mode of +bidding. +6.10 EARNEST MONEY DEPOSIT (EMD)/ BID SECURITY: +EMD, also known as Bid Security, is taken to safeguard against withdraw al/ alteration +of bid by the bidder during its validity. Requirement of EMD prevents non-serious +vendors from making infructuous offers. All un-registered bidders responding to RFP +will be required to furnish EMD or a Bid Security Declaration in lieu of EMD for an +amount as indicated in the RFP. In the two bid system, EMD would be deposited along +with techno-commercial bid. +6.10.1 EMD will be a fixed amount between 2% to 5% of the estimated cost of the proposed +procurement, suitably rounded off. The following organizations/ firms are exempted +from submission of EMD: +a) Bidders registered with DRDO, Min of Defence, NSIC. +b) DPSUs, Other Govt. Organizations. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_35.txt b/new_scrap/PM-2020.pdf_chunk_35.txt new file mode 100644 index 0000000..4de5ab5 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_35.txt @@ -0,0 +1,62 @@ +55 + c) KVIC, Kendriya Bhandar/ NCCF. +d) Micro and Small Enterprises (MSEs) as per their registration +e) Startups as recognized by Dept. of Industrial Policy and Promotion (DIPP). +6.10.2 Requirement of Bid Security is exempted for all procurements costing (estimated value) +up to ₹ 1 0 (ten) lakh. In case of development contracts/ Single Bid/ PAC case / +procurement of spares or repair of stores from OEM , CFA may waive the requirement +of EMD at the time of demand approval. +6.10.3 EMD may be accepted in the form of Bank Draft drawn in favour of the Director of the +Lab/Estt, Fixed Deposit Receipt, Banker‟s Cheque or a Bank Guarantee in acceptable +form as per DRDO.BG.01 , from any of the nationalized Banks, private sector bank +authorized for Govt. transactions for safeguarding the B uyer‟s interest in all respects. +6.10.4 EMD may also be accepted in the form of Bid Security Declaration as per para 6.10.8. +In case of foreign bidders, EMD / Bid Security in the form of bank guarantee in foreign +currency will be accepted . +6.10.5 The EMD should remain valid for a period of 45 days at least beyond the bid validity +period. +6.10.6 EMD will be refunded in full without any interest to the unsuccessful bidders after +finalization of the TCEC/ supply order. For successful bidder, this amount will be +refunded without any interest afte r receipt of applicable Performance Security Bond. +6.10.7 Forfeiture of EMD : EMD will be forfeited in the following cases: +a) If the bidder withdraws / amends/ derogates from the bidding process in any respect +within the period of validity of bid. +b) If the successful bidder fails to furnish required Performance Security Bond. +6.10.8 Bid Security Declaration in lieu of EMD : The procuring entity can accept the bid +security declaration in lieu of EMD. Bidders may submit a Bid securing declaration +accepting that if they withdraw or modify their Bids during the period of validity, or if +they are awarded the contract and they fail to sign the contract, or to submit a +performance security before the deadline defined in the request for bids document, they +may be suspended for the period up to 2 years from being eligible to submit bids for +contracts with any of the procuring entities of DRDO. 56 + 6.11 PREPARATION OF NOTICE INVITING BID (NIB ): +It should contain salient features of the requirement in brief to give a clear idea to +prospective bidders about the requirements. Superfluous or irrelevant details should +not be incorporated in the NIB. +6.11.1 The notice should normally contain the following information: +a) RFP reference number. +b) Nomenclature of the goods and quantity. +c) Cost of the RFP document. +d) Amount and form of bid security/ earnest money deposit. +e) Address of the website from where the RFP document could be downloaded. +f) Place(s), cost and timing of sale of RFP documents. +g) Place and deadline for receipt of bids. +h) Place, time and date for opening of bids. +i) Any other important information. +6.11.2 Copy of NIB may also be sent to the known potential bidders to invite their attention. +6.12 PUBLICITY THROUGH THE WEBSITE: +All RFP notifications should invariably be posted on the DRDO website and CPP portal +unless exempted. +6.12.1 All RFPs on OBM would be e-published on DRDO website and CPP Portal. +6.12.2 RFPs on LBM/ S BM and PBM would also be e-published on DRDO website and CPP +Portal. In case Labs/Estts feel that e-publishing a particular RFP may jeopardize the +procurement, they would require explicit approval of Secretary Defence ( R&D ) with the +concurrence of Addl. FA (R&D) & JS. Such exemptions may be considered for +procurements that are sensitive in nature. Labs/Estts would submit the proposal to +DFMM, DRDO HQ stating reasons for not e-publishing duly approved by their DG +Cluster for the waiver. +6.12.3 In case there is no requirement of Non-Disclosure Agreement (NDA), the complete +RFP document should be posted on the website to enable the prospective bidders to +download document for bid submission. Cases where NDA is required, the complete +RFP document would be issued after signing of NDA. +6.12.4 RFP documents must be secured to avoid possibility of modification and restriction of \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_36.txt b/new_scrap/PM-2020.pdf_chunk_36.txt new file mode 100644 index 0000000..6333132 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_36.txt @@ -0,0 +1,68 @@ +57 + access to bidders. +6.13 PREPARATION OF THE REQUEST FOR PROPOSAL: +Request For Proposal (RFP) is the most important document in the procurement +process. The RFP will be prepared by MMG with due care and should contain +complete details of the items or services required, qualification criteria for vendors +wherever applicable, standard terms & conditions, special terms & conditions, +evaluation criteria, price bid format and clear instructions for submission of bids. MMG +may consult Indenter and Quality Assurance Cell (QAC) of the Lab/Estt, wherever +required, while finalizing the RFP. +6.13.1 All RFPs must invariably carry a clause that the Government reserves the right to +cancel the procurement process at any stage and accept or reject any bid, fully or +partially, without assigning any reasons. +6.13.2 RFP should also specify that Indian bidders should quote only in Indian currency and +foreign bidders may quote in a currency, specified in the RFP, with the understating +that payment in foreign currency is subject to regulations by the Reserve Bank of India. +6.13.3 The RFP should ask the foreign bidder to quote the FOB/ FCA cost. However, for the +purposes of comparison of bids, the foreign bidders will also be asked to quote CIF/ +CIP cost up to a specified place of delivery. It would also be clarified that if the CIF/ CIP +cost is not indicated, their bid will be loaded by 10% of FOB/ FCA cost to arrive at the +CIF/ CIP price for purpose of bid evaluation. Quotation from Indian bidder shall be +sought on FOR (destination) basis. +6.13.4 No preferential terms and conditions will be indicated in the RFP for any category of +bidders except as provided by Govt. orders/instructions issued from time to time. +6.13.5 The evaluation/ loading criteria with respect to important terms having financial +implications like payment terms etc. need to be specified in unambiguous terms so that +the evaluation of bids after opening of bids could be made in a transparent manner +without any subjectivity. +6.14 FORMAT OF RFP: +The suggested format for the RFP for procurement of goods / services is as per +DRDO. BM.02. The specimen format is based on various instructions contained in this +Manual. The RFP consists of following seven parts: +6.14.1 Part I contains General Information and Instructions for the Bidders about the RFP +such as the time, place of submission and opening of bids, validity period of bids, etc. 58 + 6.14.2 Part II contains Standard Terms and Conditions of RFP which have legal implications +and will form part of the contract/ supply order with the successful Bidder(s). Therefore, +neither deviation from the text given in the clauses nor deletion of any of these clauses +should be admitted. In case a deviation from these clauses has to be considered/ +allowed, approval of DRDO HQ will be required. +6.14.3 Part III contains Special Terms and Conditions applicable to this RFP and which are +supplementary conditions applicable to a specific RFP. A conscious decision needs to +be taken to incorporate the relevant clauses from this set. The wordings of these +clauses can also be appropriately modified to suit a particular case. These conditions +will also form part of the contract with the successful bidder(s). +6.14.4 Part IV contains Vendor Qualification Criteria such as minimum level of experience, +past performance, technical capability, manufacturing facilities etc. to be met by the +bidders. This part is case specific and should be included only if required. This part is +not normally recommended for the procurement of Commercial-Off- The-Shelf (COTS) +items. It may be invoked with the approval of CFA for large works, major plants and +machinery, complex information technology systems, medical equipment, sophisticated +weapon systems, telecom equipment and other special goods. In the absence of this +part, no vendor would be disqualified on the basis of capacity/ capability. +6.14.5 Part V contains Details of the store(s)/ service(s) required e.g. Technical Specifications, +Delivery Period, Mode of Delivery, Consignee Details etc. +6.14.6 Part VI contains Evaluation Criteria of bids which can be suitably amplified/ modified to +suit the specific requirements of each case. +6.14.7 Part VII contains Format of Price Bid which can be set to get the desired cost break-up +as per requirements. All bidders will be requested to indicate time-wise and currency- +wise amount required as per the price bid in the given below. In case, a bidder does not +provide time-wise cash flow details in the price bid, the amount quoted in the price bid +will not be discounted for comparison purposes. +Time Currency +Total +Cash +Flow US Dollar Euros Pound +Sterling Rupees Other +(Specify) + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_37.txt b/new_scrap/PM-2020.pdf_chunk_37.txt new file mode 100644 index 0000000..3852e77 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_37.txt @@ -0,0 +1,67 @@ +59 + 6.15 GENERAL GUIDELINES: +The common factors to be kept in mind while inviting bids are: +6.15.1 Indenter may propose the mode of bidding and the system of bid submission to be +adopted for each purchase; however CFA is the competent authority to decide on the +mode of bidding and system of bid submission for the procurement as per the +delegation of financial powers. +6.15.2 As far as possible, procurement of items shall be sourced from original manufacturers +unless the original manufactures themselves decline to entertain RFPs and redirect the +inquiries to their authorized distributors/ dealers. This may happen when the +procurement is too small to elicit attention of original manufacturers or due to their +contractual obligations. Adequate care must be taken to discourage mere traders, +especially in procurement of expensive items, after careful consideration of aspects like +after-sale- services/ support/ maintenance and manufacturer‟s warranty against +manufacturing defects. +6.15.3 Due date & time of submission and opening of bids will be clearly mentioned in the +RFP. Time gap between submission and opening of bids should generally be kept +within 24 hours. In two bid system, only techno-commercial bid will be opened on the +date of opening. +6.15.4 The day selected for opening of bid should be a working day. Monday or day followed +by a series of holidays should be avoided, as far as possible. +6.15.5 Time likely to be taken to secure and study specifications/ drawings by the firm will be +taken into account, wherever applicable to decide the reasonable time for submission +of bid. Normally, the reasonable time to be allowed for submission of bids for various +modes of bidding process is as under: +a) Open Bidding mode (OBM)- Minimum 21days ( for Indian Bidders)/28 Days ( for +Global Bidders) +b) Limited Bidding Mode (LBM)- Minimum 14 Days +c) Single Bidding Mode/ PAC mode (SBM/PBM) – Minimum 5 Days +6.15.6 Reduced time frame for submission of bids may be adopted with the approval of CFA in +the case of e-tendering as permissible; emergent procurement of stores/ services and +emergent repairs by use of FAX/email etc. +6.15.7 Realistic validity period of the bids will be specified in the RFP. This period will be fixed +keeping in view the nature of stores and other administrative formalities. A bid shall +remain valid for 90 days for single-bid system and up to 180 days for two-bid system 60 + from the date of opening of bid, unless otherwise specified. +6.15.8 RFP will be signed for and on behalf of „President of India‟. +6.15.9 Only relevant clauses from different parts of RFP template, as applicable, will be +included in the RFP. Non-applicable clauses would be struck off to obviate any +confusion in the mind of bidders. +6.15.10 All correspondence with vendors in respect of the RFP and supply order, etc., will +preferably be done through MMG only. +6.15.11 The RFP must reflect all special conditions/ clauses required to be incorporated in the +contract/ supply order. +6.15.12 Any Purchase preference/ Product Reservation Policy of Govt. applicable to the +procurement must be mentioned upfront in the RFP. +6.15.13 In case samples are also required for techno-commercial evaluation, it should be +mentioned in the RFP that the bidders found technically compliant would have to +provide specified quantity(ies) of the item on „no -cost-no- commitment‟ (NCNC) basis for +trial evaluation/ testing. The period within which the bidder must submit the equipment/ +sample, after being found technically compliant, must be indicated in the RFP. Such +provision should be included only after obtaining approval of CFA as per delegation of +powers. +6.15.14 In case pre-bid conference is required with the prospective bidders for better +understanding of the RFP requirements, the same shall be mentioned in the RFP with +the date, time and venue. +6.16 REFERENCE TO BRAND NAMES IN THE RFP: +Standards and specification, provided in bidding documents in generic terms shall +promote the broadest possible competition while assuring the critical performance or +fulfillment of other requirements for the goods. Reference to brand names, catalogue +numbers, etc. in the RFP should be avoided. +6.17 VETTING OF RFP BY INTEGRATED FINANCE: +To the extent possible Labs/Estts are advised to use the standard RFP as per +DRDO. BM.02. In case of any deviation from the standard text, CFA may get the RFP +vetted by Integrated Finance. Waiver of clauses such as Performance Security Bond, +Warranty Bond and Liquidated Damages (LD) would be dealt as per para 1.10 of this +Manual. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_38.txt b/new_scrap/PM-2020.pdf_chunk_38.txt new file mode 100644 index 0000000..8eb096c --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_38.txt @@ -0,0 +1,67 @@ +61 + 6.17.1 RFP should be vetted by Integrated Finance for the cases beyond delegated power of +the Director of the Lab/Estt. +6.18 DISPATCH OF RFP DOCUMENTS: +6.18.1 RFP shall be dispatched as per the mode of bidding approved by the CFA. +6.18.2 In LBM/ SBM / PBM, the copies of the RFP should be sent directly by speed post/ +registered post (with AD)/ courier/ e-mail/ fax to firms which is/ are approved by the +CFA for the goods/ services being procured. Copies of the RFP should also be sent by +speed post/ registered post (with AD)/ courier to the firms to whom these were initially +sent by fax/ e-mail. +6.18.3 In case of dispatch of RFP on LBM by means other than speed post/ registered post +with AD, it would be ensured to keep the proof of delivery in the file. +6.18.4 In case of OBM, the RFP may be dispatched by speed post/ registered post/ courier to +the firms after receipt of fee as per para 6.4.4 of this Manual. +6.18.5 Simultaneously, e-publication of RFP on CPP portal will be ensured unless waiver from +Secretary Defence (R&D) with the concurrence of Addl. FA (R&D) & JS for doing so +has been taken . +6.19 PRE-BID CONFERENCE: +Pre-bid conference with the bidders will be held as per the date, time and venue +specified in the RFP or as separately notified. After pre-bid conference, necessary +clarifications (if any) to the RFP would be notified to all prospective bidders in case of +RFPs not hosted on website and in other cases, it would be hosted on website. +6.20 AMENDMENT TO THE RFP AND EXTENSION OF BID OPENING DATE: +6.20.1 Amendment to the RFP : Situations may necessitate modification of the bidding +document already issued due to change(s) in the required quantity or specifications/ +conditions etc. Further, sometimes a bidder may point out some genuine mistake in the +RFP necessitating amendment. In such cases, it may become necessary to amend/ +modify the RFP suitably prior to the date of submission of bids. Change in the quantity +affecting the CFA status would require approval of the appropriate CFA. +6.20.2 Approval of Amendment : If there is no change in mode of bidding and no significant +departure from functional parameters/ specifications, amendment to RFP would require +approval of Director/ Program Director or else approval of CFA will be obtained . +Concurrence of integrated finance would be taken in all cases except where 62 + amendment is restricted to Part I of the RFP or where demand was approved without +concurrence of integrated finance as per the delegated powers. +a) Integrated Finance would recommend the amendment to the Director/ Program +Director after analyzing the financial implications due to proposed amendments and +would indicate any changes in the source or in the standard/ special terms and +conditions. +b) Director/ Program Director would take into account the recommendations of +Integrated Finance, examine the justification given, essentiality of change and +recommend/ approve the amendment. +6.20.3 Methodology of Communicating Amendments in RFP : Copies of such amendment/ +modification would be simultaneously sent to all the prospective bidders by registered +post/ speed post/ courier/ e-mail in case of LBM / SBM / PBM. In case of OBM, copies of +such amendments/ modifications would be dispatched simultaneously free of cost by +registered/ speed post/ courier/ e-mail to all the parties who may have already +purchased the RFPs and copies of such amendments are also required to be +prominently attached to the unsol d bidding documents (which are available for sale), +including the RFPs hosted on the website. Such amendment/ clarification would be +hosted on website at least a week before the last date of submission of bids . +6.21 EXTENSION OF BID SUBMISSION/ OPENING DATE: +When the amendment/ modification changes the requirement significantly and/ or +when sufficient time is not left for the bidders to submit/ revise their bids, the time and +date of submission of bid should be extended suitably. Suitable changes in the +corresponding time-frames for receipt of bids , bid validity period etc. and validity period +of the corresponding EMD/ Bid security should also be made. Any extension of bid +submission/ opening date, for whatever reason, shall be communicated to the +prospective bidders as described in para 6.20.3 of this Manual. +6.22 RECEIPT OF BIDS: +6.22.1 A box, locked and sealed, will be placed at the security gate or any other secured +convenient place in the Lab/Estt to facilitate uninhibited access to the bidders to drop +their bids. This box will be removed from the place or made inaccessible to the vendors +at the time of closing, as specified in the RFP. The key of the box will be kept in the +personal custody of a responsible officer. Bids received through couriers/by post will be +immediately put into the box without opening. +6.22.2 The bids received from Indian bidders by fax/ e-mail, except in cases of PBM/ SBM will \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_39.txt b/new_scrap/PM-2020.pdf_chunk_39.txt new file mode 100644 index 0000000..2612240 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_39.txt @@ -0,0 +1,63 @@ +63 + not be accepted. However, for imported items, the bids received from foreign bidders +by fax/ e-mail may be considered if the same are received before expiry of the notified +date and time. In such cases, bids received in the Director‟s office may be kept in his +personal custody and placed before bid opening committee. +6.22.3 Bid Opening Committee (BOC) will collect all the bids from the box and other places +e.g. central dak receipt section, etc. at the appointed time of closing of bids. +6.22.4 Withdrawal of an Offer or Proposal : A bidder may modify or withdraw his bid after +submission provided written notice for modification/ withdrawal is received prior to the +deadline prescribed for submission of bids. No bid may be withdrawn or modified in the +interval between the deadline for submission of bid and expiration of the period of bid +validity specified. Withdrawal of bid during this period will result in forfeiture of EMD or +action will be taken as per para 6.10.8 as applicable. If bid is withdrawn by the agency +exempted from submission of EMD, the registering authority will be intimated. +6.23 LATE BID: +All bids or modifications received thereto, beyond the due date and time of submission +of bid, shall be marked as „Late‟ and will not be considered. These bids would be +returned to the respective bidders unopened. +6.24 SCRAPPING OF BIDDING PROCESS: +Scrapping of bidding process may be resorted to with the approval of the Director +under intimation to the CFA in the following circumstances: +a) Cancellation of the demand by the user. +b) Change in basic specifications of stores. +c) Non-receipt of offers as per specifications laid down. +d) Sudden downward market trend. +e) Prices quoted being very high/ unreasonable. +f) Large/ manifold variation in prices quoted by bidders etc. +6.25 OPENING OF BIDS AND EVALUATION: +In case of e-Procurement, Bids ( both techno-commercial and Financial Bids) would be +opened as per the extant procedures of the e-procurement portal. Offline Bids will be +opened by Bid Opening Committee constituted as under: +6.25.1 Bid Opening Committee (BOC) : Director of Lab/Estt will nominate officials of BOC as +per following constitution for opening of bids on the date and time specified in the RFP: 64 + Sc. „C‟/ TO „C‟ or above Chairman +Vigilance/Security Officer or his rep Member +Duty Officer of the day Member +MMG rep Member Secretary +Any two of the committee members besides Chairman may open the bids. +6.25.2 Role of BOC : BOC will identify and categorize the bids received as under : +a) Single Bid System: +(i) For non-CNC cases: Bids will be opened by BOC and handed over to +MMG for preparation of Comparative Statement of Bids ( CSB) as per para +6.32 of this Manual. +(ii) For CNC cases: Bids will not be opened by the BOC. Such bids will be +handed over to MMG for safe keeping till they are opened by the C NC and +bidders would be informed in advance. +b) Two Bid System: BOC will open techno-commercial bids only and hand it over to +MMG for techno-commercial evaluation by the TCEC. Price bids will not be opened +by BOC and the same will be handed over to MMG in a separate cover, sealed and +signed by BOC for further action. +6.26 BID OPENING PROCEDURE: +6.26.1 Prior to the date and time of bid opening, BOC will ensure that all bids received in time +are available for its consideration. +6.26.2 All relevant bids received on time should be opened by the BOC in the presence of +authorized representatives of the bidders at the time, date and place prescribed in the +RFP. The authorized representatives, who intend to attend the bid opening event , +would be required to bring with them letters of authority from the concerned bidders. +6.26.3 BOC should announce the salient features, as applicable, of all opened bids like +description and specification of stores, quoted price, terms of delivery, delivery period, +discount if any, whether EMD furnished or not and any other special feature of the bids +for the information of the representatives attending the bid opening event. +6.26.4 After opening of bids, every bid should be numbered serially, initialed with date on the +first page by the officials of the BOC. Each page of the price bid or letter attached to it \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_4.txt b/new_scrap/PM-2020.pdf_chunk_4.txt new file mode 100644 index 0000000..025d404 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_4.txt @@ -0,0 +1,214 @@ +CHAPTER 1 +r.1. +r.2 +1.3 +r.4 +1.5 +1.6 +L.7 +1.8 +1.9 +1. 10 +T,TT +I.T2 +1.13 +L.T4 +1. 15 +CHAPTER 2 +2.1. +2.2 +2.3 +2.4 +2.5 +2.6 +2.7 +CHAPTER 3 +3.1 +3.2 +3.3 +3.4 +3.5 +3.6 +3.7 +3.8 +3.9 +3.10 +3.11 +3.r2 +3. 13CONTENTS +ORGAN ISATIONAL OBJECTIVES AN D FUNCTIONS: +PURPOSE OF MANUAL: ... +SCOPE OF MANUAL: +EFFECTIVE DATE +APPLICABI LITY: ........ +EXCLUSIONS/ NON APPLICABILITY OF THE MANUAL: ... +STANDARD TEMPLATES:. +REMOVAL OF DOUBTS AND SUGGESTIONS FOR MODIFICATIONS/ AMENDMENTS: ..... +DISAGREEMENT WITH FINANCE: .... +DEVIATIONS FROM PROCEDURE: . +CONFORMITY OF THE MANUAL WITH OTHER GOVERNMENT ORDERS +BANKING INSTRUMENT AND PRE-CONTRACT IruTTCRITY PACT: ... +APPLICABILtTy OF TNSTRUCTTONS/ ORDERS ISSUED lN FUTURE +E-PU BLISH I N G AN D T-PNOCUREMENT.. +DEFINITIONS +GENERAL: +STANDARDS OF FINANCIAL PROPRIETY: +GUIDING PRINCIPLES OF PUBLIC BUYING:..... +OVERARCHING GUIDELINES OF THE GOVERNMENT: +BooKrNG oF EXeENDrrunE- Cnp';lat/ REVENUE:..... +MANDATORY DOCUMENTS TO BE MAINTAINED: +R&D PROCUREMENT: +GENERAL:L +.1 +.1 +.T +.2 +.2 +.2 +.2 +.2 +.3 +.3 +.4 +,4 +.4 +.4 +.4 +10 +10 +10 +10 +13 +13 +T4 +15 +T7 +18 +18 +21, +2T +22 +23 +24 +25 +25 +25 +26L7 +SOURCE SELECTION :.......... +REGISTRATION OF INDIGENOUS FIRMS: .. +PROCEDU RE FOR REGISTRATION OF IN DIGENOUS FIRMS +REGISTRATION OF FOREIGN FIRMS +ENLISTMENT OF INDIAN FIRMS/ INDIVIDUALS AS AN AGENT OF A FOREIGN OEM/ FIRMS:........... +CRITERIA FOR ASSESSMENT OF PERFORMANCE OF REGISTERED VENDORS +DE-REGISTRATION OF FI RMS +PROCEDURE FOR REMOVAL FROM THE REGISTERED L!ST: +EFFECT OF REMOVAL FROM THE LIST: +LEVv oF FTNANcTAL pENALTTES AND/oR susprrusrou/ aarurunrc oF BUSTNESs DEALTNGS wrrH ENTtTtES +PRE-QUALIFICATION OF VEN DORS +TYPES OF STORES AN D CRITERIA FOR PRE-QUALIFICATION +(i)CHAPTER 4 +4.r +4.2 +4.3 +4.4 +4.5 +4.6 +4.7 +4.8 +4.9 +4.L0 +4.TT +4.r2 +4.L3 +4.1,4 +4.1,5 +CHAPTER 5 +5.1 +5.2 +5.3 +5.4 +5.5 +5.6 +5.7 +5.8 +CHAPTER 6DETERM INATION OF NEED:. +CLASSIFICATION OF DEMANDS: .... +FORM U LATION OF SPECI FICATIONS:...... +POINTS TO BE CONSIDERED WHILE INITIATING DEMAND:.. +CoST ESTIMATION +DEMAND INITIATION +PROCESSING OF DEMAND FOR APPROVAL +PROCESSING FOR DEMAND APPROVAL BY CFA +DOCUMENTS REQUIRED FOR DEMAND APPROVAL: +APPROVAL OF DEMANDS: +COMBINING VARIOUS STAGES OF PROCESSING +SUBMISSION OF MULTIPLE DEMANDS lN ONE-GO: ....... +CoTSoIIDATED PROCESSING OF PROCUREMENT INVOLVING SAME ITEMS +VALIDITY OF DEMAND APPROVAL:... +AMENDMENT OF DEMAND: +GEN ERAL +PTTTv PURCHASE PROCEDURE : +M IruOn PunCunSr PROCEDURE: +EXPENSES ON TRIALS/ LAUNCH CAMPAIGN/ EXHIBITIONS AT OUTSTATION +PURCHASE OF GOODS THROUGH CTVI +PURCHASE OF GOODS UNDER Rarr Corvrnncr (REFERRAL ORDERS) +PROCUREMENT FROM GOVT. DESIGNATED AGENCIES +ACCOU NTI NG OF PURCHASES: +GENERAL: +SINGLE/ TWO BID SYSTEM29 +29 +29 +30 +31 +33 +34 +36 +38 +39 +39 +40 +40 +40 +4t +4L +42 +42 +42 +45 +46 +46 +46 +47 +48 +49 +6.1 +6.2 +6.3 +6.4 +6.5 +6.6 +6.7 +6.8 +6.9 +6. L0 +6.11 +6.r2OPEN BTDDTNG Moor (OBM +LIMITED BroorNG MoDE (LBM) +INADEQUATE RESPONSE IN OBM AND LBM +SINGLE BTDDTNG Moor (SBM):....... +AWARD OF PROPRIETARY ARTICLE CERTIFICATE (PAC) STATUS +PROCUREMENT ON PBM BASIS +EARNEST MONEY DEPOSIT (EMD)l elD SECURITY +PREPARATION OF NOTICE INVITING BID (Nle): .49 +49 +50 +50 +51 +52 +52 +s3 +54 +54 +56 +s6 PUBLICITY THROUGH THE WEBSITE +( ii) \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_40.txt b/new_scrap/PM-2020.pdf_chunk_40.txt new file mode 100644 index 0000000..44bff6b --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_40.txt @@ -0,0 +1,67 @@ +65 + shall also be initialed by them with date, particularly the prices, delivery period, details +of discount offered, and any other financial terms including taxes and duties, which +should also be encircled and initialed indicating the date. Blank bids, if any, should be +marked accordingly by the BOC. +6.26.5 All bids received and opened will be entered in the bid register indicating the names of +the firms, RFP reference number, file number and other pertinent details. +6.26.6 In case of alterations/ crossings and cuttings in quotations made by the bidders, +substituted words should be encircled and initialed with date and time by the officials of +BOC to make it perfectly clear that such alterations were present on the bid at the time +of opening. +6.26.7 All late bids will be declared non-responsive and returned to the bidders unopened. +6.26.8 BOC will prepare a list of the representatives attending the bid opening event and +obtain their signatures on the list. The list should contain the representatives‟ name and +the corresponding bidders‟ na me and their addresses. The authority letters brought by +the representatives should be attached with this list. This list should be signed by +officials of BOC with date and time. +6.26.9 The list of representatives attending the bid opening event, the bid register along with +the bids which are opened or otherwise will be handed over to MMG. +6.26.10 In two bid system, only the techno-commercial bids would be opened in the first +instance. The BOC would sign on all the envelopes containing price bids and hand over +the same to MMG in a sealed and signed cover. +6.26.11 In two bid non- CNC cases, price bids of only those firms who have been declared +technically compliant by TCEC will be opened by BOC and handed over to MMG for +preparation of CSB as per para 6.32 of this Manual. Technically qualified bidders would +be called to witness opening of the price bids. +6.27 INADVERTENT OPENING OF PRICE BID BEFORE SCHEDULE: +Due care must be taken to avoid o pening of „price -bid‟ before schedule or its opening +along with “techno -commercial bid” in a two bid system as it is a serious matter . In +such case opened price bid would be sealed again in a separate envelope by the +committee under the signatures of bid opening officers. The incident would be +recorded in the bid opening register. Chairman BOC will report the matter to the Head +of the Lab/Estt highlighting the circumstances and reasons. In case Head of the +Lab/Estt is satisfied that it is an inadvertent opening of price bid, MMG would inform 66 + the affected bidder about the incident and give him a fixed and reasonable time to +represent . In case, objection is raised by the bidder by the specified date, the case will +not be processed further without bidding afresh, otherwise, bid processing will continue +with the original price bids. +6.28 PRELIMINARY EXAMINATION OF QUOT ES: +The purchase cell/ officer should examine the quotations to determine whether they +are complete in all respects, and check for any computational errors which will be +rectified on the following basis: +6.28.1 If there is a discrepancy between the unit price and the total price that is obtained by +multiplying the unit price and quantity, the unit price shall prevail and the total price +shall be corrected. +6.28.2 If there is a discrepancy between words and figures, the amount specified in words +shall prevail. +6.29 HANDLING CARTEL FORMATION/ BID RIGGING/ RING PRICES: +Sometimes a group of bidders quote identical rates against RFP on competitive +bidding. Such Pool/ Cartel formation is against the basic principle of competitive +bidding and defeats the very purpose of open and competitive bidding. Such practices +should be severely discouraged with strong measures and brought to the notice of +DFMM. Suitable administrative actions like rejecting the offers, reporting the matter to +Registrar of Companies, Competition Commission of India (CCI), and National Small +Industries Corporation (NSIC) etc. should be initiated against such firms, on case to +case basis, as decided by the competent authority. However, this does not cover DGR +empanelled security service providers. +6.30 PROCEDURE IN CASE OF INADEQUATE RESPONSE: +In some cases response may be inadequate (ref er para 6 .6 of this Manual) consequent +to open/ limited bidding. This situation may arise in single bid system as well as in two +bid system before or after technical evaluation indicating lack of competition. In such +situations, following aspects may be examined before proceeding further: +a) Is it possible to redefine the specifications and make them broad based/ industry +friendly for wider competition? ( Yes/ No ) +b) Whether time and criticality of requirement permits reformulation of the +specifications. ( Yes/ No ) +c) Whether proper vendor selection has been done in case of LBM or wide publicity \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_41.txt b/new_scrap/PM-2020.pdf_chunk_41.txt new file mode 100644 index 0000000..74f4333 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_41.txt @@ -0,0 +1,69 @@ +67 + has been given in case of OBM . (Yes/ No ) +d) Whether vendor qualification criteria / special terms and conditions of RFP were +very restrictive. ( Yes/ No ) +e) Review if sufficient time was given to the bidders to respond while issuing the +RFP. Whether the RFP had been properly dispatched and duly received by the +prospective bidders to whom these were sent. ( Yes/ No ) +6.30.1 The above examination would be done, based on the information provided by the user, +by TCEC for two bid system and a Committee (comprising of indenter, technical expert +from other Group and Rep. MMG) for single bid system. If the examination reveals that +answer to (a), (b) and (d) are no, and answers to (c) & (e) are yes, recommendations of +committee would be processed as per para (a) and (b) below . Otherwise, case will be +re-floated i.e. in case of any doubt about the bidding process or it is considered feasible +to reformulate specifications/ terms and conditions of RFP/ vendor qualification criteria +without compromising the requirement, the RFP should be retracted and re-issued after +rectifying the deficiencies. +a) Receipt of two quotations (in single bid system) or technically qualified (in +two bid system): Approval of CFA as per delegation of financial powers for +OBM / LBM procurements would be obtained for processing the procurement +case further. +b) Receipt of only one quotation (in single bid system) or technically qualified +(in two bid system): Such cases, the mode of bidding should be changed to +Single Bid without PAC and appropriate approval of CFA as per delegation of +financial powers would be obtained for processing the procurement case further. +6.30.2 However, cases with inadequate response, beyond the delegated powers of Secretary +Defence ( R&D ), would require „ in-principle‟ approval of Secretary Defence ( R&D ) with +the concurrence of Addl. FA (R&D) & JS for further processing the procurement case. +Approval of CFA shall be taken at the time of obtaining Expenditure Sanction. +6.31 RE-FLOATING OF RFP: +Re-floating will be resorted to only in exceptional circumstances as it entails additional +costs as well as delays the procurement process. Approval of CFA would be taken as +per delegation of financial powers for re-floating of RFP. It should be done with utmost +caution generally under the following circumstances: +a) Offer(s) do not conform to qualitative requirements and other terms and +conditions set out in the RFP. 68 + b) There are major changes in specifications and quantity, which may have +considerable impact on the price. +c) Prices quoted are unreasonably high with reference to estimated cost or there is +evidence of a sudden slump in prices after receipt of the bids. +d) Where there is lack of competition and there are clear and reasonable grounds to +believe that the lack of competition was due to restrictive specifications, which +could have restricted participation. Such cases should, however, be rare as the +specifications must be formulated with due care. +e) Before re-floating, Lab should consider if there is a possibility of reviewing the +specifications/ special terms and conditions/ vendor qualification criteria to meet +the objective. +f) In cases where a decision is taken to go for re-floating of RFP but the +requirements are urgent, negotiations may be under taken with L1 bidder(s) for +the supply of a bare minimum quantity in accordance with para 3 of CVC +instructions dated 3rd March 2006 (for latest guidelines issued by CVC in this +regard, CVC website may be referred). +g) Withdrawal of offer by L1: In case the lowest bidder withdraws its offer, +procuring entity shall cancel the procurement process and re-floating should be +resorted to except for the cases covered under provisions of para 8.5 .3. While re- +floating, RFP will not be issued to the bidder who had backed out and EMD, if +any, of such firm should be forfeited or action will be taken as per para 6.10.8. +h) If the objectives for re-floating are not met when fresh bids are received, Director +for non CNC cases or CNC may take stock of the situation keeping in view +changed market conditions, repercussions of further delay, any other factors and +recommend accordingly. +6.32 PREPARATION OF COMPARATIVE STATEMENT OF BIDS ( CSB) IN NON-CNC +CASES: +The CSB will be as per the format given at DRDO. BM.04. The Part I of CSB will record +details of bids received and indicate the ir compliance vis-à-vis the terms and conditions +of the RFP. Bids without material deviations would be considered in Part II. Part II of +CSB will indicate all details of offers, i.e., nomenclature, price, payment terms, +statutory levies, duties, insurance, packing & forwarding charges, installation & +commissioning charges, training charges etc., as given in the quotations. In case of +variation in payment terms quoted by the bidders, the Net Present Value (NPV) \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_42.txt b/new_scrap/PM-2020.pdf_chunk_42.txt new file mode 100644 index 0000000..6ada538 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_42.txt @@ -0,0 +1,70 @@ +69 + method of evaluation may be followed for purposes of comparison as indicated in RFP. +For a fair comparison and to determine the real cost of procurement, details as given in +the quotations such as delivery ex-godown or FOR destination, transportation, +inspection costs etc. will be reflected in the CSB. In case cash flow involves more than +one currency, these should be brought to a common denomination in Rupees by +adopting exchange rate as per para 8.3.2 of this Manual. The CSB will be signed by +the Head of the User Group and Head MMG. Assessment of L1 will be done on the +basis of criteria stated in the RFP and negotiation, if required, will be carried out only +with L1. The case will be further processed as per para 6.42 of this Manual onwards. +Deviations, if any, from the prevailing procedure and/ or from RFP would be clearly +recorded in the CSB. +6.33 EVALUATION OF TECHNO-COMMERCIAL BIDS: +In a two-bid system, a thorough evaluation of the techno-commercial bids will be +carried out by a duly appointed Techno-Commercial Evaluation Committee (TCEC). +The evaluation of techno-commercial bids must be done within the framework of RFP. +6.33.1 Techno-Commercial Evaluation Committee (TCEC) : A TCEC will be appointed by +the Director/ Program Director comprising of following officers: +Sc. „F‟ or above (from other than user group) Chairman +Technical Expert (Sc. „D‟ or above from other than user group) Member +Rep MMG Member +Rep QAC , if required Member +Rep User Group Member Secretary +In addition, the Constituting Authority may include technical experts from sister +Lab/Estt and/or outside experts from other Govt. Dept/ Academic Institutions to derive +technical advantage based on their expertise. +6.33.2 Finance rep need not be associated with the TCEC. However, in cases where +commercial terms are to be normalized before opening of Price Bid, a rep from finance +will be co-opted by the Chairman/ Constituting Authority. +6.33.3 Evaluation of Technical Bids : The main objective of the TCEC is to prepare +compliance matrix showing how the technical parameters of bids received are +compliant with the parameters mentioned in the RFP. TCEC can accept better +specification being offered after recording the gist of deliberations and reasons/ +justification for the same provided it is acceptable to the user . This kind of changes +would not be used to reject any bidder. It is reiterated that TCEC‟s job is to evaluate the 70 + technical bids from the viewpoint of “compliance to RFP” or “non -complia nce to RFP”. It +is not open to TCEC to set aside the RFP and start making a de novo exercise of +finding, which technical bid is acceptable and which is not. +6.33.4 Normalization of Commercial Terms : TCEC should also evaluate the commercial +terms such as payment terms, warranty/ guarantee, taxes & duties, End Use Certificate +(EUC), export license, installation & commissioning, and training etc. to ensure +compliance of RFP in the bids submitted. Normally commercial normalization after +opening of bid should be avoided, however, where it becomes essential to bring +uniformity, finance rep will be involved. All technically acceptable bidders may be +offered uniform commercial terms. If necessary, they may be given equal opportunity to +revise/ amend their price bids as per the normalized commercial terms. TCEC minutes +should appropriately record the same. If, in spite of the efforts made by the TCEC, +variations persist in commercial terms; this will not form the basis for rejection of +technically acceptable offers except in case of EUC. Where EUC has to be submitted, +TCEC should scrutinize the format provided by the technically accepted bidders for its +acceptability. TCEC can refer the EUC format to the Directorate of International Co- +operation (DIC), DRDO HQ in case need is felt for the same. The decision to reject the +bid on the basis of EUC can be taken only with the concurrence of DIC. +6.34 IMPORTANT GUIDELINES FOR THE TCEC: +For the purpose of proper assessment/evaluation, the TCEC will prepare a techno- +commercial CSB as per format at DRDO. BM.05 bringing out the comparison between +the specifications/ other terms asked for and that offered by vendors. While preparing +TCEC minutes, value of technical parameters/ specifications as quoted by bidders +along with compliance/ non-compliance status must be clearly indicated against all +parameters/ requirements stated in the RFP. +6.34.1 The TCEC is empowered to invite/ interact with bidders, who have responded to the +RFP, for technical presentation/ clarification if considered necessary. Confirmation of +clarifications received in such meetings/ interactions may be obtained in writing from +respective bidders. +6.35 REVISION OF BIDS: +6.35.1 For minor revision in the technical parameters/ specifications emerging during the +technical evaluation of bids by TCEC or clarification received from the bidders, which +does not affect the basic functional requirement of the product, equal opportunity must +be given to all bidders to re-submit their bids to ensure fair play. +6.35.2 The original price bid must remain firm/ fixed and no price revision should be permitted \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_43.txt b/new_scrap/PM-2020.pdf_chunk_43.txt new file mode 100644 index 0000000..5bf77b9 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_43.txt @@ -0,0 +1,68 @@ +71 + during TCEC. However, while procuring/ developing complex systems/ products, it may +not be feasible to incorporate all possible details in technical specifications. During the +techno-commercial evaluation process, in case any changes in original technical +specifications are being made, all the participating bidders should be asked to indicate +separately the financial impact from the original quote in terms of addition or deduction +from the quoted price, either by amount or percentage in a sealed cover, instead of +calling for fresh price bids. This is done to retain the sanctity of the original price bid +and should be considered only as supplement. It is mandatory to record this in the +TCEC minutes. Once the modified price bids are received, both original and modified +price bids are to be opened, compiled and evaluated on a common platform. +6.35.3 In case major changes become necessary, the TCEC may recommend re-floating of +RFP with revised specifications. +6.36 REJECTION OF TECHNICAL BID: +TCEC must be guided by the sole consideration that only those bidders whose +products are technically deficient in terms of the qualifying criterion stated in the RFP +are excluded. The reasons for such rejection of any offers should be clearly recorded +in the TCEC minutes. While doing so, all efforts should be made to retain as many +bidders as possible in the fray without compromising on the technical requirements. +6.36.1 TCEC should identify all line entries whether quoted as essential items or optional +items whose prices need to be included for price evaluation of the bids. Selection of +these entries should be done only as per the requirement given in the RFP. +Exclusion/inclusion of such entries (as the case may be), should be recorded with +absolute clarity in TCEC minutes to facilitate preparation of CSB by CNC/MMG. +6.37 ACCEPTANCE OF TCEC RECOMMENDATION: +The TCEC will scrutinize the bids as per the guidelines given above and submit its +report for consideration and acceptance by an official authorized (not below level of Sc. +„F‟) by Director/ Program Director/ Project Director for cases for which they are CFA . +For other cases TCEC report would be submitted to the Constituting Authority for +consideration and its acceptance. +6.38 COMMERCIAL NEGOTIATION COMMITTEE ( CNC): +All purchases where estimated cost is over Rs. 10 lakh, except for Repeat Orders , +SWOD, supply orders against rate contracts and the cases covered under para 8.5 .1 +of this Manual shall be scrutinized by the CNC and would be processed for approval of +CFA along with the recommendations of CNC. The basic objectives of CNC are to 72 + study the recommendations of TCEC besides ensuring transparency, fairness and +negotiating the price. +6.38.1 The CFA level for demand approval will be the criteria for deciding the level of CNC . +After opening of financial bids, CNC will complete the negotiation, even if the quoted +costs exceed the level of delegated powers of the CFA who had approved the demand. +The CNC will give its recommendations which would be submitted to the CFA, who had +approved the demand. +6.38.2 Compositions of „Standing CNCs‟ have been specified for procurement under +delegated powers as per details given below: +a) Project Cases within Delegated Powers of Financially Empowered Boards +(for Appendix ‘B’ of DFP) : +(i) Rep of Chairman of concerned Board Chairman1 +(ii) Financial Concurring Authority/ Rep Finance Member2 +(ii) Chairman, TCEC (for Two Bid System) /if required Member +(iv) Head User Group/ Rep Member +(v) Head (MMG)/ Rep Member Secretary + + 1An officer of the level of Scientist „G‟, Lab Director and DG (Cluster) would +chair CNC as reps of Chairmen of PJB, PMB and Apex Board respectively. For +PJB, nomination of Chairman will be done by Lab Director. If officer of Scientist +„G‟ leve l is not available, the senior-most officer next to the Lab Director would +preside over the CNC. + 2Secretary Defence (Fin)/ FA (DS) would be represented by Addl. FA (R&D) & +JS, posted in Defence (R&D) for Apex Board sanctioned procurements. Addl. +FA (R&D) & JS may nominate IFAs (all SAG level officers) to DG (Clusters) as +Finance rep in the CNC. IFA R&D and Dy IFA/ Jt IFA would be associated with +procurements sanctioned by PMB/ PJB . +b) All Other Cases within the Delegated Powers of Secretary D R&D : +(i) Rep of CFA (Not below the level of Scientist „G‟/ +Equivalent) Chairman1 +(ii) Financial Concurring Authority/ Rep Finance Member2 +(iii) Chairman, TCEC (for Two Bid System) , if required Member +(iv) Head User Group/ Rep Member \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_44.txt b/new_scrap/PM-2020.pdf_chunk_44.txt new file mode 100644 index 0000000..3705a37 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_44.txt @@ -0,0 +1,68 @@ +73 + (v) Director DFMM, DRDO HQ/ Rep Member3 +(vi) Director Lab/Estt /Rep Member3 +(vii) Director (Admin) of Cluster/ Rep Member4 +(viii) Head (MMG) of Lab/Estt / Rep Member +Secretary + + 1An officer of the level of Scientist „G‟, Lab Director and DG (Cluster)/CC R&D +would chair CNC as reps of Lab Director, DG (Cluster)/CC R&D and DG +(DRDO)/ Secretary Defence ( R&D ) respectively. For cases within the delegated +powers of Lab/Estt Director, nomination of Chairman will be done by Lab +Director. If officer of Scientist „G‟ level is not ava ilable, the senior-most officer +next to the Director would preside over the CNC. + 2Secretary Defence (Fin)/ FA (DS) would be represented by Addl. FA (R&D) & +JS, posted in Defence (R&D). Addl. FA (R&D) & JS may nominate IFAs (all +SAG level officers) to DG (Clusters) as Finance rep in the CNC. Where Fin Rep +under IFA scheme is not available locally, rep of local CDA (R&D) will be Fin +Rep for cases with estimated cost up to Rs. one crore (Till full scale +implementation of IFA system). + 3Directors of Lab and DFMM at DRDO HQ would be a member for cases +beyond the delegated power of DG (Cluster). + 4Director (Admin) of Cluster would be member for cases beyond the delegated +power of Lab/ Estt Director. +c) For cases beyond the Delegated Powers of Secretary Defence (R&D) and +Financially Empowered Boards ( for Appendix ‘B’ of DFP) : . +(i) DG( Cluster) concerned Chairman +(ii) DG ( R&M) Member +(iii) Addl FA (R&D) & JS Finance Member +(iv) Director Lab/Estt Member +(v) Director (Admin) of Cluster Member +(vi) Chairman TCEC ( Two Bid System) Member +(vii) Head (MMG) of Lab/Estt Member Secretary + + For complex/ large value procurements having long term/ strategic +implications, a special procurement committee/ CNC may be set up having 74 + cost experts, external experts and members as considered appropriate. +Constitution of CNC would be processed by the Lab through concerned DG +(Cluster) for the approval of Secretary Defence (R&D). +6.38.3 Nomination of Rep. of Chairman and Head MMG for conduct of CNC for cases +covered under 6.38.2(a) and (b) : Director Lab/Estt and DG (Cluster) as Chairman +CNC, and Head (MMG) as Member Secretary CNC, may depute his/ her rep to +conclude CNC meetings as under: +a) When DG (Cluster) is Chairman, CNC may be conducted by the rep of Chairman not +below the rank of Sc. H, from any locally available Lab/ Estt or Office of DG (Cluster). +b) When Director is Chairman, the next senior most officer available in the office may be +deputed to chair the meeting. +c) To enable conduct of parallel CNC meetings, Head (MMG) may nominate rep not +below two levels from his/her rank. +6.38.4 The Chairman CNC may co-opt any other expert member from the Lab/Estt or any +other organization. +6.38.5 Care should be taken that CFA for the procurement is not nominated as Chairman of +the CNC. +6.39 ACTIONS PRIOR TO CNC MEETING: +6.39.1 Scheduling of CNC meetings : The date and venue of these meetings will be +approved by the Chairman, preferably in consultation with the designated members +else, the latter should be informed at least 7 days in advance. +6.39.2 Labs/Estts shall ensure the validity of demand approval, quotations and availability of +approved TCEC report before scheduling CNC meeting. +6.39.3 Reasonable price/ benchmark price needs to be worked out prior to opening of price +bid in all modes of bidding but mandatorily in LBM/SBM/PBM cases to ensure +reasonableness of quoted prices (r efer chapter 8 of this Manual). Such assessment +ought to be done prior to opening of price bid to ensure complete objectivity and +transparency of this process. If required, an independent cost estimation committee +may be set up by the Director or Chairman of CNC to determine the reasonable price/ +benchmark prior to opening of the price bid. +6.40 DOCUMENTS TO BE PROVIDED TO THE MEMBERS OF CNC : +a) Technical brief +b) CNC information as per format DRDO. BM.03 \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_45.txt b/new_scrap/PM-2020.pdf_chunk_45.txt new file mode 100644 index 0000000..719325d --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_45.txt @@ -0,0 +1,68 @@ +75 + c) Demand approval by CFA +d) Report of TCEC with technical & commercial CSBs +e) Other briefing papers, if any +6.40.1 The member secretary will issue notice, indicating date/ time and venue for scheduling +of the meeting. He will compile and send agenda papers, duly supported by documents +to all members so as to reach them at least 3 days in advance. +6.40.2 All qualified bidder(s) will be informed well in advance to enable them to be present on +the day of price bid opening/ CNC meeting. +6.41 GUIDELINES FOR CONDUCTING CNC MEETING: +6.41.1 Price Reasonableness : The basic objective of CNC is to establish reasonableness of +price being paid by the Buyer. This is a complex task and many factors need to be +considered. Detailed guidelines for determining the reasonable cost are given in +Chapter 8 of this Manual . +6.41.2 Scrutiny by CNC : In order to derive maximum advantage for successful materialization +of the procurement within time schedule at the most favourable rate and payment +terms, the CNC will examine the following points before opening the price bids: +a) Description of the item and basis of estimation. +b) If requirement is for project, PDC of the project. +c) Validity of bids. +d) Registration status of Indian agent where required, commission payable and +currency in which payable. +e) Warranty period +f) Payment terms. +g) Delivery period . +h) Other commercial terms e.g. taxes and duties, packing and forwarding charges, +mode of dispatch, transit insurance cover, place of delivery, etc +i) Any other point(s) highlighted by TCEC for CNC. +6.41.3 Opening of Price Bids : The price bids of the technically accepted bids will be opened +in front of rep of bidders present. Such opening of price bids should only be done when +the CNC is fully convinced that no issues are left which need to be settled prior to +opening of bids. All opened price bids will be signed by the CNC members. 76 + 6.41.4 Comparative Statement of Bids (CSB) for CNC Cases : The comparative statement +of bids should be prepared with due care showing each element of cost (basic cost, +taxes, levies, etc.) separately for each bid. The CSB will be as per the format given at +DRDO.BM.06 The CSB will indicate all details of offers, i.e., nomenclature, price, +payment terms, statutory levies, duties, insurance, packing & forwarding charges, +installation & commissioning charges, training charges etc., as given in the bids. In +case of variation in payment terms quoted by the bidders, the Net Present Value ( NPV) +method of evaluation may be followed for purposes of comparison as indicated in RFP. +For a fair comparison and to determine the real cost of procurement, details as given in +the bids such as delivery ex-godown or FOR destination, transportation, inspection +costs etc. will be reflected in the CSB. In case cash flow involves more than one +currency, these should be brought to a common denomination in Rupees by adopting +exchange rate as per para 8.3.2 of this Manual. The CSB should be prepared after +opening of the price bids and will be vetted by the finance rep for its correctness. The +CSB will be signed by the member secretary and finance member. Assessment of L1 +will be done as per the criteria stated in the RFP. +6.42 COMMERCIAL EVALUATIO N: +Evaluation of price bids is the core activity in any purchase decision. If the correct +evaluation of price bids is not carried out as per the criteria incorporated in the RFP, +purchase decision may become deficient and faulty. Detailed guidelines on +establishing reasonability of prices and ranking of bids are given in Chapter 8 of this +Manual. CNC will also take into account the provisions of purchase/ price preference +provided in the RFP in terms of policy directives issued by the Govt. from time to time. +6.43 COMMERCIAL NEGOTIATIONS: +It is not necessary to hold commercial negotiations in each case, particularly in open +and limited mode of bidding, where the response has been substantial and the L1 price +is found to be very close to the reasonable price, provided such assessment had been +carried out prior to opening of the price bids. However, commercial negotiation may +become necessary to ensure that the interest of the State is fully protected and the +price paid is reasonable. Commercial negotiations are invariably conducted in case of +single source situations, including PAC cases, or when price is considered high with +reference to assessed reasonable price, irrespective of the mode of bidding. Such +negotiations should be conducted by CNC or a duly appointed committee, which +should invariably include a finance member, unless the negotiation is carried out by the +committee CFA itself. +6.43.1 The cost of post-warranty maintenance contracts for high value complex equipment will \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_46.txt b/new_scrap/PM-2020.pdf_chunk_46.txt new file mode 100644 index 0000000..a1d82b7 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_46.txt @@ -0,0 +1,70 @@ +77 + be included in the initial price-negotiations by the CNC to seek price concession. +However, it will not be included in determination of L1 unless the evaluation criteria in +RFP are based on Life Cycle Cost of the product. +6.43.2 When negotiations are considered necessary, only the firm with the lowest acceptable +bid as per evaluation criteria will be called for negotiations by CNC . The following points +may be borne in mind while negotiating: +a) Performance Security Bond: To ensure due performance of the contract except +the ones related to post acceptance, Performance Security Bonds are to be +obtained from the successful bidder(s) awarded the contract irrespective of its +registration status. Performance Security Bond should be for an amount equal to +five to ten percent of the contract value. In case the execution of the contract is +delayed beyond the contracted period and the Buyer grants the extension of +delivery period, with or without liquidated damages, the Seller must get the +Performance Security Bond revalidated, if not already valid. In case of Indian +bidder, Performance Security Bond may be accepted in the form of Bank Draft, +Fixed Deposit Receipt or a Bank Guarantee. For foreign bidders, they may be +accepted in the form of Bank Guarantee or Stand-by Letter of Credit. They should +remain valid for a period of sixty days beyond the date of completion of all +contractual obligations except the ones related to post acceptance. + Amount of Performance Security Bond for Service contract: For Hygiene, +security contracts, fire-fighting, arboriculture and conservancy and other support +services involving manpower contracts would be calculated on the payment due +to the vendor (inclusive of taxes and duties) on agreed payment cycle in the +S.O/Contract. + There would be no requirement of performance security bond for procurements +up to threshold limit Rs. 10 lakh for COTS / common use items or branded +commercial products, which are to be accepted on the manufa cturer‟s guarantee. +b) Warranty Bond: To cover the Buyer‟s interest during warrany peiod, warranty +Bond for an amount of 10 percent of the contract value would be obtained from the +seller prior to return of performance security bond. In case of Indian bidder, +Warranty Bonds may be accepted in the form of Bank Draft, Fixed Deposit Receipt +or a Bank Guarantee. For foreign bidders, It may be accepted in the form of Bank +Guarantee or Stand-by Letter of Credit. It should remain valid for a period of sixty +days beyond the date of completion of all warranty obligations. Warranty Bond +would be returned to the Seller on successful completion of warranty obligations, 78 + under the contract. +c) Free Issue of Material (FIM) as Raw Material: Lab/Estt will analyze the +availability/ source of supply of the FIM and the time frame etc. before accepting +any terms related to it. Whenever FIM is to be issued to the supplier as raw +material, comprehensive insurance cover (for transportation and storage period) +may be taken by the Lab/Estt or Supplier through Nationalized Insurance Agency +or their subsidiaries to safe guard the Govt Property (FIM). If insurance is taken by +the Supplier the insurance charges will be reimbursed by the Lab/Estt at actuals. +For very costly stores, FIM may be issued in batches / lots. +d) Stores issued as FIM for repair/ maintenance etc.: Stores issued for purposes +such as equipment or vehicle for painting/ repair/ fixture mounting etc. to the firm +would be safeguarded through a comprehensive insurance cover taken b y Lab/Estt +through a Nationalized Insurance Agency or their subsidiaries. If insurance is taken +by the Supplier the insurance charges will be reimbursed by the Lab/Estt at actuals. +e) Liquidated Damage (LD): The Buyer reserves the right to impose LD in case of +delay in supply attributable to the Seller at the rate of 0.5% per week or part thereof +for stores which the Seller has failed to deliver within the period agreed for +delivery in the contract subject to maximum of 10% of the total order/contract +value. In certain categories of procurement, LD can also be levied on the Seller on +the basic cost of the stores supplied partially within the scope of the order/ contract +that could not be put to use due to late delivery of the remaining stores. However, +for developm ent contracts the rate of imposition of LD would be @ 0.25% per week +or part thereof subject to maximum of 10% of the total order/contract value . +f) Bank Guarantees (BGs ): +(i) For Indian Firms: Applicable BGs may be accepted from a public sector +bank or a scheduled private commercial bank in the format prescribed by +RBI. +(ii) For Foreign Firms: Applicable BGs may be accepted in the prescribed +format from an Indian Public Sector/ Schedule Private Commercial Bank or +a First Class International Bank of repute, acceptable to the Buyer . +Guidelines on verification of BGs from Foreign Banks through SBI are given +in Annexure ‘ A’ of this Manual. +(iii) Indemnity bond may be accepted only from Government Departments/ +DPSUs/ PSUs in lieu of BG. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_47.txt b/new_scrap/PM-2020.pdf_chunk_47.txt new file mode 100644 index 0000000..212cc5c --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_47.txt @@ -0,0 +1,69 @@ +79 + g) Any waivers from requirement of Performance Security/ Warranty Bond, and LD +Clause would be considered as deviation from the prescribed procedure and will be +dealt as per para 1.10 of this Manual except following categories of procurement +cases, where CFA would accord approval with the concurrence of associated +Finance: +(i) Procurement of stores/ services on PAC/ Single Tender basis with approval of CFA +concerned. +(ii) Orders for procurement of spares/ repair of stores from OEMs. +(iii) Procurement of small value procurement (upto Rs.2.5 Lakh). +6.44 PAYMENT TERMS: +The payment terms should normally be in accordance with those indicated in the RFP. +Any change of payment terms from those specified in the RFP can alter L1 +determination. As such CNC must take into account the time value of money as per +Discounted Cash Flow ( DCF) Technique given in Chapter 8 of this Manual while +agreeing to any change and record the justification for accepting any variation in +payment terms from the RFP. The broad payment terms are as under: +6.44.1 Normal Payment Term : The normal terms of payment are 100% within 30 days after +receipt & acceptance of stores in good condition or the date of receipt of the bill +whichever is later. In cases where installation is required and is covered in the scope of +the order, not more than 80% payment will be released on receipt of goods and +balance will be paid after installation and commissioning. However based on the merit +of the case, payment up to 100% against proforma invoice/ delivery may be agreed for +consumable stores such as chemicals, gases, etc., when insisted upon by the bidder. +6.44.2 Advance Payment : Ordinarily, payments for services rendered or supplies made +should be released only after the services have been rendered or supplies made. +However, it may become necessary to make advance payments in the following types +of cases: +a) Advance payments are demanded by bidders for maintenance contracts such as +servicing of air-conditioners, computers, other costly equipment, etc. +b) Advance payments demanded by bidders against Project with long execution time, +development contract, fabrication contracts, turnkey contracts, etc. +c) Where envisaged earlier and decided to provide advance payment, the quantum +should be incorporated upfront in the RFP. 80 + d) Quantum of Advance: Such advance payments should not exceed the following +limits: +(i) 40% of the contract value for PSUs. +(ii) 30% of the contract value for private firms . +(iii) Basic amount payable for six months in case of maintenance contracts; +(iv) For projects sanctioned by GOI through CCS or EC/PC of NCA route, +advance payments would be considered as per the necessity in line with +Delegation of Financial Powers in vogue. +(v) Wherever justified organizations such as NICSI, MTNL, RailTel, BSNL etc. +which function under the aegis of government departments and payment to +Air Consolidation Agent towards custom duty for clearance of goods from +customs authorities will be allowed up to 100% advance payment whenever +insisted upon either in one-go or in stages approved by the CFA based on +recommendation of CNC. +e) Securing the Advance: While making any advance payment, adequate +safeguards in the form of bank guarantee or indemnity bond for PSU/ Govt. Dept. +in favour of the Director of Lab/Estt of appropriate value (~110% of advance +amount), should be obtained from the Seller. In cases where interim deliveries are +being provided during currency of the contract and payment commensurate to such +deliveries are being made as agreed to in Contract, the Advance Payment Bank +Guarantee (APBG) will be deemed to be proportionately and automatically reduced +until full extinction. In such cases the Seller would be provided the option to furnish +separate Bank Guarantees for each lot/batch/deliverable(s) (as specified in the +S.O/Contract) to simplify the prorated reduction of APBG . Sample format of bank +guarantee and indemnity bond are given in forms DRDO.BG .02 and DRDO.BG .03 +respectively. Requirement of BG or Indemnity Bond may not be insisted upon and +should be at the discretion of CFA for Govt. Dept/ reputed academic institutions +such as IITs etc. or for low value orders up to Rs. 2 lakh to reputed private firms +when no other mode of payment is acceptable to them. However, following points +must be ensured: +(i) Advance paid to the Seller is prone to be used by them for the purpose +other than the one for which it is disbursed. Therefore, adequate steps must +be taken to ensure that advance is disbursed against anticipated cash out +flow and the Seller is not benefited unduly by the way of retention of +advance when no cash outflow is anticipated. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_48.txt b/new_scrap/PM-2020.pdf_chunk_48.txt new file mode 100644 index 0000000..2f9b0b8 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_48.txt @@ -0,0 +1,68 @@ +81 + (ii) Vendors should be informed that the advance given would become interest +bearing in case of termination of order/contract due to their default or if it is +used for the purposes other than this contract as per the terms stated in the +RFP. +(iii) Delivery Period (DP) extension for the default of the Seller would make +advances paid interest bearing. +6.44.3 Stage/ Part Payments : Where progressive payments are anticipated, the same shall +be agreed against identified and verifiable milestones. The same should broadly be as +per the RFP. All progressive payments, where stores of equivalent amount are not +received, should be secured. In cases, where the stage payment is not mentioned in +the RFP, the same may be approved by the CFA on the recommendations of CNC. +6.44.4 Pro rata payment : In case the bidder requests for pro rata payment, the same may be +approved by the CFA on the recommendations of CNC. +6.44.5 Payment to Foreign Firms : Payment to foreign Sellers may be done through Letter of +Credit/ Direct Bank Transfer. Details are given in the Annexure ‘A’ of this Manual. +6.44.6 Deviation from Standard Terms of Payment : CFA can approve any of the payment +terms mentioned above. Any waivers from above payment terms would be considered +as deviation from the prescribed procedure and will be dealt as per para 1.10 of this +Manual except following categories of procurement cases, where CFA would accord +approval with the concurrence of associated Finance +(i) Procurement of stores/ services on PAC/ Single Tender basis with approval of CFA +concerned. +(ii) Orders for procurement of spares/ repair of stores from OEMs. +(iii) Procurement of small value procurement (upto Rs.2.5 Lakh ). +6.45 APPORTIONMENT OF QUANTITY: +6.45.1 Where it is Pre-decided : The total order quantity would be split in the ratio as +indicated in the RFP. Ratio of splitting would be preferably in favour of L1. All efforts +would be made to negotiate a reasonable price with the L1 bidder and, thereafter, +counter offers would be made to L2, L3 etc. sequentially at the rate & terms and +conditions accepted, except duties and taxes, by L1. If none of the other bidders agree +to match the negotiated rate & terms and conditions of L1, except duties and taxes, +then the order may be placed on L1 for the full quantity, else alternative source may be +explored through separate bidding process. 82 + 6.45.2 Where it is not Pre-decided : If L1 does not have the capacity to supply the entire +quantity, the balance order may be placed on L2, L3, etc. sequentially at the rate & +terms and conditions, except duties and taxes, negotiated with L1 in a fair, transparent +and equitable manner. In case the bidders are not in a position to execute the total +order quantity, then alternative source may be explored through separate bidding +process for the balanced quantity . +6.46 BUY -BACK OFFER: +6.46.1 When it is decided with the approval of the competent authority to replace an existing +old item(s) with a new and better version, the department may trade the existing old +item while purchasing the new one. For this purpose, a suitable clause is to be +incorporated in the bidding document so that the prospective and interested bidders +formulate their bids accordingly. Depending on the value and condition of the old item +to be traded, the time as well as the mode of handing over the old item to the +successful bidder should be decided and relevant details in this regard suitably +incorporated in the bidding document. Further, suitable provision should also be kept in +the bidding document to enable the purchaser either to trade or not to trade the item +while purchasing the new one. In such cases, the RFP should call for the bidders to +quote the price of new equipment and buy-back offer for the existing equipment +explicitly in their bid. CFA/ CNC may assess a benchmark price for the item to be +traded off in buy-back process. On buy-back cases, L1 would be decided on the basis +of net cash outgo as per provisions of para 8.3 of this Manual. Lab/Estt will follow the +security guidelines in vogue while trading the old item against buy-back offer. +6.47 CONCLUDING CNC MEETING (FOR CNC CASES) : +6.47.1 Detailed minutes of the CNC meeting will be recorded, highlighting the deviations, if +any, from prevailing procedures and/ or from the RFP along with recommendations +made by the committee as per DRDO.BM.07 . The gist of CNC recommendations must +appear on the page containing signatures of the members. +6.47.2 The minutes of the CNC must be issued duly signed by all the members and cleared by +the Chairman. +6.48 DISSENTING OPINION: +Dissenting opinion, wherever expressed, will be recorded in the CNC minutes and the +same will be referred to CFA for decision. +6.49 LETTER OF INTENT (LO I): +At times, it may be necessary to follow up the negotiations with the issue of a LOI or \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_49.txt b/new_scrap/PM-2020.pdf_chunk_49.txt new file mode 100644 index 0000000..cefd711 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_49.txt @@ -0,0 +1,41 @@ +83 + fax acceptance due to imminence of expiry of the bid or for any other reason. LOI +amounts to final acceptance of the offer. It is, therefore, imperative that all-important +and relevant aspects such as description of stores, quantity, price, delivery period, etc. +are properly reflected in the advance communication. It will be ensured that in such +cases there is no variation between the LOI and the formal supply order issued +subsequently. The advance communication should specifically confirm acceptance of +the offer and state that the formal supply order showing full details will follow. The +formal supply order will be issued without any avoidable delay. +6.49.1 LOI is a legally binding document and should be issued on the recommendations of +CNC if the negotiated amount does not exceed the estimated cost in demand approval +and no deviation from the prevailing procurement process has been made so far. +6.50 CHANGE OF NAME OF VENDOR: +6.50.1 At times, the vendor participating in the procurement process, initiates the process for +change of name with corporate regulatory authorities, due to change in business +strategy, merger/acquisition or any other reason resulting in losing its original legal +identity. Whenever the vendor applies to the regulatory authorities for „change of name‟, +it must inform the procuring entity through a letter about proposed change of name and +the reason for the same. When change of name is approved by regulatory authorities, +the following documents must be submitted to the procuring entities at the earliest. In +case the documents are in languages other than English, then a self certified/ +official/legal translation of original documents must be submitted : +a) Information Proforma for Vendors as per Chapter 3 of PM- 2016 . +b) New certificate of incorporation issued by the appropriate Registrar of Companies in +case of Indian vendors or an equivalent organisation in the country from where the new +entity would be operating in case of foreign vendor . +c) Copy of RBI Approval in case of merger/acquisition between Indian and foreign +vendor(s). +d) Undertaking/Novation agreement by new vendor (for cases where vendor has submitted +the response to RFP . +6.50.2 Approving Authorities for the Change of Name of Vendor while Participating in +the Procurement Process: DG (Cluster) concerned and Secretary DD(R&D) may +accord approval to accept change of the name of the vendor during pre-contract stage +and post contract stage respectively. Legal advice may be sought where ever required. +On grant of consent to the case of change of name of vendor, the following documents, +as applicable, bearing the new entity name will be submitted by vendor: 84 + a) EMD/Performance Security +b) Advance/ Stage Payment Bank Guarantee/Bank Guarantee for Warranty +c) New Pre-Contract Integrity Pact (PCIP) and Integrity Pact Bank Guarantee (IPBG) +d) Any other applicable Financial Instrument/Document + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_5.txt b/new_scrap/PM-2020.pdf_chunk_5.txt new file mode 100644 index 0000000..9d16d9a --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_5.txt @@ -0,0 +1,191 @@ +6.13 +6.1,4 +6.15 +6.16 +6.17 +6. 18 +6.19 +6.20 +6.2L +6.22 +6.23 +6.24 +6.25 +6.26 +6.27 +6.28 +6.29 +6.30 +6.31 +6.32 +6.33 +6.34 +6.35 +6.36 +6.37 +6.38 +6.39 +6.40 +6.4r +6.42 +6.43 +6.44 +6.4s +6.46 +6.47 +6.48 +6.49 +6. s0PREPARATION OF TH E REQUEST FOR PROPOSAL: ... 57 +FORMAT OF RFP: . .....57 +GEN ERAL GUI DELIN ES: ..... ..... 59 +REFERENCE TO BRAND NAMES lN THE RFP: ............. ....... 60 +VETTING OF RFP BY INTEGRATED FINANCE:. ................... 60 +DISPATCH OF RFP DOCUMENTS:. +PRE-BID CONFERENCE: 61 +AMENDMENTTO THE RFP AND EXTENSION OF BIO OPENING DATE: .... +EXTENSTON OF BID SUBMTSSION/ OPENING DATE 62 +RECEIPT OF BIDS:. .62 +LATE BID 63 +SCRAPPING OF eIooING PROCESS 63 +OPEN ING OF BIDS AN D EVALUATION 63 +BID OPENING PROCEDURE: ..... ....64 +INADVERTENT OPENING OF PRICE BID BEFORE SCHEDULE:..... 6s +PRELIMINARY EXAMINATION OF QUOTES: .... +HANDLING CARTEL FORMATION/ BID RIGGING/ RING PRICES: 66 +PROCEDURE lN CASE OF INADEQUATE RESPONSE:..... 66 +RE-TLoATING OF RFP 67 +PREPARATION OF COMPARATIVE STATEMENT OF BIDS (CSB) lN NON-CNC CASES:....................... 68 +EVALUATION OF TECH NO-COM M ERCIAL BI DS 69 +IMPORTANT GUIDELINES FOR THE TCEC: ......70 +REVISION OF BIDS:..... ......70 +REJECTION OF TECH N ICAL BI D +ACCEPTANCE OF TCEC RECOMMENDATION +coMM ERCTAL NEGOTTATTON COM M rrrEE (CNC) +ACTIONS PRIOR TO CNC MEETING: +DOCUMENTS TO BE PROVIDED TO THE MEMBERS OF CNC: +GUIDELINES FOR CONDUCTING CNC MEETING +COMMERCIAL EVALUATION +COM M ERCIAL N EGOTIATIONS: ..... +PAYMENTTERMS +APPORTIONMENT OF QUANTITY: .... +CONCLUDING CNC MEETING (FOR CNC CASES):..... +DISSENTING OPINION: +LETTER OF INTENT (LOl): .... +CHarucE OF NAME OF VTruDOR:.......767T +7L +74 +74 +75 +76 +79 +B1 +82 +82 +83 +CHAPTER 7 +(iii)8s7 .1. +7.2 +7.3 +CHAPTER 8 +8.1 +8.2 +8.3 +8.4 +8.5 +8.6 +8.7 +8.8 +8.9 +8.10 +8.11 +CHAPTER 9 +9.1 +9.2 +9.3 +9.4 +CHAPTER 10 +10.1 +LO.2 +10.3 +LO.4 +10.s +10.6 +r0.7 +10.8 +10.9 +10.10 +10.11 +TO.T2 +10.13 +1,0.r4 +10.15 +10.16GENERAL: ... +STANDARD TERMS & CONDITIONS: .. +SPECIAL TERMS & CON DITIONS: +INTRODUCTION +COvIMERCIAL EVALUATION OF QUOTE +BASIS OF COMPARISON OF COST: +COMPARATIVE STATEMENT OF BIDS (CSB): .... +N EGOTIATIONS +PRICE BENCH MARKING: +EVALUATION AGAINST BENCH-MARK:.................... +BTTcHMARKING/ REASoNABLENESS oF PRICES: ..... +ADOPTTow OF DISCOUNTED CASH FLOW (DCF) TECHNIQUE: .. +ANALYSIS OF OFFERS FROM FOREIGN BIDDERS +TRANSPARENCY I N ASSESSM ENT PROCESS:................ +EXPENDITURE SANCTION +PREPARATION OF SUPPLY ORDER: +ORDER ACCEPTANCE +POST CONTRACTUAL OBLIGATIONS +GENERAL +supply ORDER/ coNTRACT MON troRrNG +ROLE OF CMC/ PRC: +RESPONSIBILITY OF USER GROUP:. +AM EN DM ENT TO SUPPLY ORDER/ +DENIAL CLAUSE +DELTVERY PERTOD (DP): +LIQUI DATED DAMAGES (LD):... +OPTION CLAUSE +TRANSIT I NSU RANCE COVERAGE: +REPEAT Onorn (no) CLAUSE: +SE RVICE CONTRACTS: .... +FORCE MAJEURE +DISPUTES/ ARBITRATION +TERM!NATION OF SUPPLY ORDER/ CONTRACT FOR DEFAULT85 +8s +97 +LT4 +LT4 +TT4 +1,1,4 +115 +1L5 +1,1,6 +1,17 +I17 +118 +121, +121. +L22 +.1,22 +. L24 +. L26 +. 126 +L27 +r27 +L27 +r28 +128 +r28 +131 +131 +133 +L34 +134 +135 +136 +r37 +138 +138 +139 RISK AND EXPENSE PURCHASE +(iv) \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_50.txt b/new_scrap/PM-2020.pdf_chunk_50.txt new file mode 100644 index 0000000..2504464 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_50.txt @@ -0,0 +1,66 @@ +85 + 7 CHAPTER 7 +TERMS & CONDITIONS OF RFP +7.1 GENERAL: +A contract is a legal document created on the basis of terms & conditions of RFP, +submitted bid and the revised offer received after negotiation. RFP is the basic +document on which the contract is formulated. Contractual obligations are governed by +terms and conditions to protect the interest of both the parties to the contract. It is, +therefore, necessary to spell out the terms and conditions in the RFP in clear and +unambiguous manner, so that bidders respond and submit their bid with clarity. The +RFP format ( DRDO. BM.02) contains reference to the standard as well as special +conditions in Part II & Part III respectively which bidders would be required to abide +with. The contract must also include the standard as well as special conditions specific +to a particular case, as mentioned in the RFP. The Buyer shall provide the requisite +information. Only applicable clauses would be retained in the RFP. +7.2 STANDARD TERMS & CONDITIONS: +Laws of the country are reflected in these terms and conditions, therefore, neither +deviation from the standard text given in the clauses nor deletion of any of these +clauses should normally be admitted. In case a deviation from these clauses has to be +considered/ allowed, approval of DRDO HQ will be required through DFMM. Clause on +Pre-Integrity Pact is mandatory for cases where estimated cost is above Rs. 100 crore. +7.2.1 Effective Date of the Contract : Effective date of the contract/ SO is the date from +which Contract is deemed to have commenced. Time keeping for both the parties i.e. +Buyer and Seller to carry out their respective contractual obligations starts from this +date. The standard text of this clause is as under: +“In case of placement of a supply order, the date of acceptance of the Supply Order +would be deemed as effective date or as agreed by both the parties. In case a contract +is to be signed by both the parties, the Contract shall come into effect on the date of +signatures of both the parties on the Contract (Effective Date) or as agreed by both the +parties. The deliveries and supplies and performance of the services shall commence +from the effective date of the Contract.” +7.2.2 Law : A contract/ SO is a legally enforceable document in a court of Law. Therefore, it is +very important to specify the country under whose law the contract/ SO will be +governed and interpreted in the RFP itself. The standard text of this clause is as under: 86 + “The Contract shall be considered and made in a ccordance with the laws of the +Republic of India and shall be governed by and interpreted in accordance with the laws +of the Republic of India.” +7.2.3 Arbitration : This clause defines the mechanism of dispute resolution and an alternate +to litigation. The disputing parties hand over their power to decide the dispute to the +arbitrator(s). The standard text of this clause is as under: +“All disputes or differences arising out of or in connection with the Contract shall be +settled by bilateral discussions. Any dispute, disagreement or question arising out of or +relating to the Contract or relating to product or performance, which cannot be settled +amicably, shall be resolved by arbitration in accordance with the following applicable +provision: +a) For Central and State PSEs: In the event of any dispute or difference relating to +the interpretation and application of the provisions of commercial contract(s), +such disputes or difference shall be taken up by either party for resolution +through Administrative Mechanism for Resolution of CPSEs Disputes (AMRC) as +per provisions of Department of Public Enterprises OM No. 4(1)/2013- DPE +(GM)/FTS-1835 dated 22- 05-2018 as amended. +b) For Defence PSUs: The case of arbitration shall be referred to the Secretary +Defence (R&D) for the appointment of arbitrator(s) and proceedings. +c) For other Firms: Any dispute, disagreement or question arising out of or relating +to the Contract or relating to product or performance, which cannot be settled +amicably, shall be resolved by arbitration in accordance with either of the +following provisions: +“The case of arbitration may be referred to respective CFA or a person appointed +by him who will be sole arbitrator and the proceedings shall be conducted in +accordance with procedure of Indian Arbi tration and Conciliation Act, 1996.” +Or +“The case of arbitration may be referred to International Centre for Alternative +Dispute Resolution (ICADR) for the appointment of arbitrator and proceedings +shall be conducted in accordance with procedure of Indian Arbitration and +Conciliation Act, 1996. ” +Or \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_51.txt b/new_scrap/PM-2020.pdf_chunk_51.txt new file mode 100644 index 0000000..8b2dd2b --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_51.txt @@ -0,0 +1,74 @@ +87 + “The case of arbitration may be conducted in accordance with the rules of +Arbitration of the International Chamber of Commerce by one or more arbitrators +appointed in accordance with the said rules in India. However, the arbitration +proceedings shall be conducted in India under Indian Arbitration and Conciliation +Act, 1996. ” +7.2.4 Penalty for Use of Undue influence : This clause informs bidders to undertake that +they will not use any kind of undue influence for any purpose. Any breach this +undertaking by the Seller or anyone employed by him or acting on his behalf (whether +with or without the knowledge of the Seller) entitle the Buyer to cancel the contract and +all or any other contracts with the Seller and recover from the Seller the amount of any +loss arising from such cancellation. The standard text of this clause is as under: +“The Seller undertakes that he has not given, offered or promised to give, directly or +indirectly, any gift, consideration, reward, commission, fees, brokerage or inducement +to any person in service of the Buyer or otherwise in procuring the Contract or +forbearing to do or for having done or forborne to do any act in relation to the obtaining +or execution of the Contract or any other contract with the Government of India for +showing or forbearing to show favour or disfavour to any person in relation to the +Contract or any other contract with the Government of India. Any breach of the +aforesaid undertaking by the Seller or anyone employed by him or acting on his behalf +(whether with or without the knowledge of the Seller) or the commission of any offers +by the Seller or anyone employed by him or acting on his behalf, as defined in Chapter +IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or any +other Act enacted for the prevention of corruption shall entitle the Buyer to cancel the +contract and all or any other contracts with the Seller and recover from the Seller the +amount of any loss arising from such cancellation. A decision of the Buyer or his +nominee to the effect that a breach of the undertaking had been committed shall be +final and binding on the Seller. Giving or offering of any gift, bribe or inducement or any +attempt at any such act on behalf of the Seller towards any officer/ employee of the +Buyer or to any other person in a position to influence any officer/ employee of the +Buyer for showing any favour in relation to this or any other contract, shall render the +Seller to such liability/ penalty as the Buyer may deem proper, including but not limited +to termination of the contract, imposition of penal damages, forfeiture of the Bank +Guarantee and refund of the amounts paid by the Buyer” . +7.2.5 Agents/ Agency Commission : It is not the policy of Government, per se, to look for or +encourage or engage agents. There is no need for engaging any such agent, wherever +it is possible to secure supplies and ensure after-sale-services etc. on reasonable 88 + terms without the intercession of agents. However, at times, agents may be employe d +by the OEM for supplies/after sale services. The clause pertains to enlist such agents. +The standard text of this clause is as under: +“The Seller confirms and declares to the Buyer that the Seller has not engaged any +individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any +way to recommend to the Government of India or any of its functionaries, whether +officially or unofficially, to the award of the contract to the Seller; nor has any amount +been paid, promised or intended to be paid to any such individual or firm in respect of +any such intercession, facilitation or recommendation. The Seller agrees that if it is +established at any time to the satisfaction of the Buyer that the present declaration is in +any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has +engaged any such individual/ firm, and paid or intended to pay any amount, gift, +reward, fees, commission or consideration to such person, party, firm or institution, +whether before or after the signing of this contract, the Seller will be liable to refund +that amount to the Buyer. The Seller will also be debarred from entering into any +contract with the Government of India for a minimum period of five years. The Buyer +will also have a right to consider cancellation of the Contract either wholly or in part, +without any entitlement or compensation to the Seller who shall in such an event be +liable to refund all payments made by the Buyer in terms of the Contract along with +interest at the rate of 2% above (i) MCLR (Marginal Cost of Funds based Lending +Rate) declared by RBI pertaining to SBI for Indian bidders, and (ii) London Inter Bank +Offered Rate (LIBOR)/ EURIBOR for the foreign bidders. The applicable rates on the +date of opening of bid shall be considered for this. The Buyer will also have the right to +recover any such amount from any contracts in vogue with the Government of India. ” +Or +The Seller confirms and declares in the Techno-Commercial bid that they have engaged +an agent, individual or firm, for performing certain services on their behalf. The Seller is +required to disclose full details of any such person, party, firm or institution engaged by +them for marketing of their equipment in India, either on a country specific basis or as a +part of a global or regional arrangement. These details should include the scope of work +and responsibilities that have been entrusted with the said party in India. If there is non- +involvement of any such party then the same also be communicated in the offers +specifically. The information is to be submitted as per the format at DRDO.SA.01 . Without +prejudice to the obligations of the vendor as contained in various parts of this document, +appointment of an Agent by vendors will be subjected to the following conditions: +a) Details of all Agents will be disclosed at the time of submission of offers and +within two weeks of engagement of an Agent at any subsequent stage of \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_52.txt b/new_scrap/PM-2020.pdf_chunk_52.txt new file mode 100644 index 0000000..425eadb --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_52.txt @@ -0,0 +1,67 @@ +89 + procurement. +b) The Seller is required to disclose termination of the agreement with the Agent, +within two weeks of the agreement having been terminated. +c) Buyer /MoD reserves the right to inform the Seller at any stage that the Agent so +engaged is no t acceptable whereupon it would be incumbent on the Seller either +to interact with Buyer / MoD directly or engage another Agent. The decision of +Buyer /MoD on rejection of the Agent shall be final and be effective immediately. +d) All payments made to the Agent 12 months prior to tender submission would be +disclosed at the time of tender submission and thereafter an annual report of +payments would be submitted during the procurement process or upon demand +of the Buyer / MoD. +e) The Agent will not be engaged to manipulate or in any way to recommend to any +functionaries of the Govt of India, whether officially or unofficially, the award of +the contract to the Seller or to indulge in corrupt and unethical practices. +f) The contract with the Agent will not be a conditional contract wherein payment +made or penalty levied is based, directly or indirectly, on success or failure of the +award of the contract. +g) On demand, the Seller shall provide necessary information/inspection of the +relevant financial documents/information, including a copy of the contract(s) and +details of payment terms between the Seller and the Agent engaged by him. +h) If the equipment being offered by the Seller has been supplied /contracted with any +organisation, public/private in India, the details of the same may be furnished in the +technical as well as commercial offers. The Sellers are required to give a written +undertaking that they have not supplied/is not supplying the similar systems or +subsystems at a price lower than that offered in the present bid to any other +Ministry/Department of the Government of India and if the similar system has been +supplied at a lower price, then the details regarding the cost, time of supply and +quantities be included as part of the commercial offer. In case of non disclosure, if it +is found at any stage that the similar system or subsystem was supplied by the Seller +to any other Ministry/Department of the Government of India at a lower price, then +that very price, will be applicable to the present case and with due allowance for +elapsed time, the difference in the cost would be refunded to the Buyer, if the +contract has already been concluded. +Following details are also to be submitted in the Techno-Commercial bid : 90 + i) Name of the Agent +ii) Agency Agreement between the Seller and the agent giving details of their +contractual obligation +iii) PAN Number, name and address of bankers in India and abroad in respect of +Indian agent +iv) The nature and scope of services to be rendered by the agent and +v) Percentage of agency commission payable to the agent +7.2.6 Access to Books of Accounts : This provision gives right to the Buyer to access +Seller‟s books of accounts for checking if Seller has violated its undertaking given at the +time of submission of bid on use of undue influence and/or employment of agent. The +standard text of this clause is as under: +“In case it is found to the satisfaction of the Buyer that the Bidder/ Seller has violated +the provisions of use of undue influence and/or employment of agent to obtain the +Contract, the Bidder/ Seller, on a specific request of the Buyer, shall provide necessary +information/ inspection of the relevant financial documents/ information/ Books of +Accounts.” +7.2.7 Non-disclosure of Contract Documents : This clause restricts parties not to share the +information provided by each other without explicit consent. The standard text of this +clause is as under: +“Except with the written consent of the Buyer/ Seller, other party shall not disclose the +Contract or any provision, specification, plan, design, pattern, sample or information +thereof to any third party.” +7.2.8 Handling of Classified Information by Indian Licensed Defence Industry : Any +classified document/information/ equipment being shared with Indian Licensed Defence +Industries will be protected/ handled to prevent unauthorized access as per provisions +of Chapter 5 of Security Manual for Indian Licensed Defence Industries issued by MoD +(Department of Defence Production). +7.2.9 Withholding of Payment : This clause authorizes the Buyer to withhold payment till +end when the Seller fails in its contractual obligation. The standard text of this clause is +as under: +“In the event of the Seller's failure to submit the Bon ds, Guarantees and Documents, +supply the stores/ goods and conduct trials, installation of equipment, training, etc. as \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_53.txt b/new_scrap/PM-2020.pdf_chunk_53.txt new file mode 100644 index 0000000..7739990 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_53.txt @@ -0,0 +1,67 @@ +91 + specified in the Contract, the Buyer may, at his discretion, withhold any payment until +the completion of the Contract.” +7.2.10 Liquidated Damages (LD): Compensation of loss on account of late delivery, where +loss is pre-estimated and mutually agreed to, is termed as LD. Law allows recovery of +pre-estimated loss, provided such a term is included in the contract. For imposition of +LD, there is no need to establish actual loss due to late supply. The legal position with +regard to claim for LD is as follows: +a) Whatever the quantum of the loss sustained, the claim cannot exceed the sum +stipulated in the contract. +b) Only reasonable sum can be calculated as damages, which in a given situation +may be less than the sum stipulated. +c) What is a reasonable sum would depend on facts. +d) Court may proceed on the assumption that the sum stipulated reflects the genuine +pre-estimates of the parties as to the probable loss and such clause is intended to +dispense with proof thereof. +e) The distinction between penalty and LD has been abolished by the Indian Contract +Act and in every case, the Court is not bound to award more than „reasonabl e +compensation‟ not exceeding the amount so named. +The standard text of this clause is as under: +“The Buyer may deduct from the Seller, as agreed, liquidated damages at the rate +of_____ per week or part thereof, of the basic cost of the delayed stores which the +Seller has failed to deliver within the period agreed for delivery in the contract. LD can +also be levied on the Seller on the basic cost of the stores supplied partially within the +scope of the order/ contract that could not be put to use due to late delivery of the +remaining stores. The maximum quantum of LD would be 10% of the total order value. ” +7.2.11 Termination of Contract : This clause highlights the conditions under which a Contract/ +SO can be legally terminated before the contractual obligation/ duties have been +fulfilled. This is governed by the Law of the Contract/ SO. The standard text of this +clause is as under: +a) “The store/ service is not received/ rendered as per the contracted schedule(s) and +the same has not been extended by the Buyer. +Or +The delivery of the store/service is delayed for causes not attributable to Force +Majeure for more than __ months after the scheduled date of delivery and the 92 + delivery period has not been extended by the Buyer. +b) The delivery of store/service is delayed due to causes of Force Majeure by more +than __ months provided Force Majeure clause is included in the contract and the +delivery period has not been extended by the Buyer. +c) The Seller is declared bankrupt or becomes insolvent. +d) The Buyer has noticed that the Seller has violated the provisions of use of undue +influence and/ or employment of agent to obtain the Contract. +e) As per decision of the Arbitration Tribunal .” +7.2.12 Notices: This clause specifies the mode of communication between parties. The +standard text of this clause is as under: +“Any notice required or permitted by the Contract shall be written in English language +and may be delivered personally or may be sent by FAX or registered pre-paid mail/ +airmail, addressed to the last known address of the party to w hom it is sent”. +7.2.13 Transfer and Sub-letting : By this clause Seller is bound not to transfer/ sublet the +contract/ SO or any of its part to a third party without the written consent of the Buyer . +The standard text of this clause is as under: +“The Seller has n o right to give, bargain, sell, assign or sublet or otherwise dispose of +the Contract or any part thereof, as well as to give or to let a third party take benefit or +advantage of the Contract or any part thereof without written consent of the Buyer.” +7.2.14 Use of Patents and other Industrial Property Rights : This clause protects Buyer +from a third party claim against infringement of Industrial Property Rights. The standard +text of this clause is as under: +“The prices stated in the Contract/ SO shall be deemed to include all amounts payable +for the use of patents, copyrights, registered charges, trademarks and payments for +any other Industrial Property Rights. The Seller shall indemnify the Buyer against all +claims from a third party at any time on account of the infringement of any or all the +rights mentioned in the previous paragraphs, whether such claims arise in respect of +manufacture or use. The Seller shall be responsible for the completion of the supplies +including spares, tools, technical literature and training aggregates irrespective of the +fact of infringement of the supplies or any or all the rights mentioned above.” +7.2.15 Amendments : This clause specifies the way by which any amendments to the +contract/ SO can be made. The standard text of this clause is as under: \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_54.txt b/new_scrap/PM-2020.pdf_chunk_54.txt new file mode 100644 index 0000000..81ed8a9 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_54.txt @@ -0,0 +1,67 @@ +93 + “No provision of the Contract/ SO shall be changed or modified in any way (including +this provision) either in whole or in part except when both the parties are in written +agreement for amending the Contract/ SO.” +7.2.16 Taxes and Duties : This clause identifies the taxes and duties admissible and to be +paid by the respective parties during the course of execution of the Contract/ SO. The +standard text of this clause is as under: +Bidders are required to indicate statutory taxes and duties correctly as per the price bid +format and no column of taxes and duties has to be left blank. Rate (% ) of taxes as +applicable are to be filled up with „0‟ (Zero) , „positive numerical values‟ or „Not +applicable‟ in the price bid as asked for in the RFP. If any column of taxes and duties +as reflected in RFP is not applicable and intentionally left blank, the reason for the +same has to be clearly indicated in the remarks column. +a) In respect of Foreign Bidders: All taxes, duties, levies and charges which are to +be paid for the delivery of stores/services, including advance samples, shall be +paid by the parties under the Contract in their respective countries. However, the +corporate/ individual income tax, if applicable, will continue to be paid by the +concerned party/ individual. +“DRDO is a public funded research institution and has been exempted from the +payment of Customs Duty, as per the description of stores and conditions +thereon, under Customs Notification No. 51/96 as amended and Notification No. +39/96 as amended. However, if required, Basic Custom Duty and applicable cess +is to be paid as per prevailing notification. [Applicable where INCOTERM is DDP +(destination)]. ” +b) In respect of Indigenous Bidders : +(i) General + Bidders must indicate separately the relevant taxes/ duties as per prevalent +rates for the delivery of completed goods specified in RFP. If a Bidder is +exempted from payment of any duty/ tax upto any value of supplies from +them, he should clearly state that no such duty/ tax will be charged by them +up to the limit of exemption which they may have. If any concession is +available in regard to rate/ quantum of any Duty/ tax, it should be brought out +clearly. In such cases, relevant certificate will be issued by the Buyer later to +enable the Seller to obtain exemptions from taxation authorities. 94 +  Any changes in statutory levies, taxes and duties levied by Central/ State/ +Local governments such as GST/ Octroi/entry tax, etc on final product +upward as a result of any statutory variation taking place within contract +period shall be allowed reimbursement by the Buyer, to the extent of actual +quantum of such duty/ tax paid by the Seller. Similarly, in case of downward +revision in any such duty/ tax, the actual quantum of reduction of such duty/ +tax shall be reimbursed to the Buyer by the Seller. All such adjustments shall +include all reliefs, exemptions, rebates, concession etc, if any, obtained by +the Seller. Section 64-A of Sales of Goods Act will be relevant in this +situation. + Levies, taxes and duties levied by Central/ Stat e/ Local governments such as +GST/ Octroi/ entry tax, etc on final product will be paid by the Buyer on +actuals, based on relevant documentary evidence, wherever applicable . +Taxes and duties on input items will not be paid by Buyer and they may not +be indicated separately in the bids. Bidders are required to include the same +in the pricing of their product. + TDS as per Income Tax Rules will be deducted and a certificate to that effect +will be issued by the Buyer. +(ii) Customs Duty: + DRDO is a public funded research institution and has been exempted from +the payment of Customs Duty, as per the description of stores and conditions +thereon, under Customs Notification No. 39/96 as amended. + The successful bidder would be issued a Customs Duty Exemption +Certificate (CDEC) under the said notification if applicable, at the time of +import clearance for the goods being imported against the Contract. Bidder +would be required to submit a copy of their order to principal along with +principal‟s acceptance and proforma invoice at l east four weeks in advance +from the expected date of arrival of goods to this office for issuance of +CDEC. + Vendors may note that issue of CDEC would be governed as per prevailing +orders. +(iii) GST : + DRDO is a public funded research institution and has been given provision of \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_55.txt b/new_scrap/PM-2020.pdf_chunk_55.txt new file mode 100644 index 0000000..e94f389 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_55.txt @@ -0,0 +1,69 @@ +95 + concessional GST payment under Notification No. 47/2017-Integrated Tax +(Rate) dtd 14 Nov 2017 & Notification No. 45/2017-Central Tax (Rate) dtd 14 +Nov 2017 as amended as per the description of stores and conditions +thereon. + The successful bidder would be issued Concessional GST Certificate, if +applicable, by the Buyer under the said notification as decided during tender +negotiation and to be issued to Firm/Vendor before raising the invoice for +procurement of goods against the Contract. + Bidders may note that Concessional GST Certificate would be issued ONLY in +favour of beneficiary of the Contract. + Unless otherwise specifically agreed to in terms of the Contract, the Buyer shall +not be liable for any claim on account of fresh imposition and/or increase of GST +on raw materials and/or components used directly in the manufacture of the +contracted stores taking place during the pendency of the contract. +(iv) Octroi Duty & Local Taxes: + Normally, materials to be supplied to Government Departments against +Government Contracts are exempted from levy of Town Duty, Octroi Duty, +Terminal Tax and other levies of local bodies. The local Town/Municipal +Body regulations at times, however, provide for such exemption only on +production of such exemption certificate from any authorised officer. Seller +should ensure that stores ordered against contracts placed by this office are +exempted from levy of Town Duty/ Octroi Duty, Terminal Tax or other local +taxes and duties. Wherever required, they should obtain the exemption +certificate from the Buyer, to avoid payment of such local taxes or duties. + In case where the Municipality or other local body insists upon payment of +these duties or taxes, the same should be paid by the Seller to avoid delay in +supplies and possible demurrage charges. After the issue of exemption +certificate by the Buyer, the Seller may get the reimbursement from the local +authority. +7.2.17 Denial Clause : Denial clause informs Seller that the Buyer reserves the right to admit +additional payment due to upward revision of statutory levies beyond the original +delivery schedule in case Seller fails to deliver the goods as per schedule. The +standard text of this clause is as under: 96 + “Variations in the rates of statutory levies within the original delivery schedu le will be +allowed if taxes are explicitly mentioned in the contract/ supply order and delivery has +not been made till the revision of the statutory levies. Buyer reserves the right not to +reimburse the enhancement of cost due to increase in statutory levies beyond the +original delivery period of the supply order/ contract even if such extension is granted +without imposition of LD.” +7.2.18 Pre-Contract Integrity Pact Clause : Integrity pact is a specific tool used to build +transparency in public procurement by both public institutions and private agencies. +The goal of the integrity pact is to eliminate chances of corrupt practices during +procurement process through a binding agreement between the parties for specific +contract. The standard text of this clause is as under: +“An “Integrity Pact” would be signed between the Ministry of Defence/ Buyer and the +Bidder and the Bidder shall be asked to deposit Rs. ___ crore as Earnest Money +Deposit (EMD), in favour of The Director (Lab Name), (Place), in the form of +appropriate Bank Guarantee (from a first class bank of international repute confirmed +by the State Bank of India in case of foreign Seller). This EMD would be submitted by +the Bidder along with Integrity Pact (IP) (as per format at Annexure ‘B’) at the time of +submission of bid in a separate envelope clearly marked as „IP and EMD‟ put together +in an envelope containing the bid. This is a binding agreement between the Buyer and +the Bidders for specific contracts in which the Buyer promises not to accept bribes +during the procurement process and Bidders promise that they will not offer bribes. +Under this Pact, the Bidders for specific services or contracts agree with the Buyer to +carry out the procurement in a specified manner. The essential elements of the Pact +are as follows: +a) A pact (contract) between the Government of India (Ministry of Defence) (the +authority or the “ Principal ”) and firms submitting a bid for this specific activity (the +“Bidder”); +b) An undertaking by the Principal that its officials will not demand or accept any +bribes, gifts etc., with appropriate disciplinary or criminal proceedings in case of +violation; +c) A statement by each Bidder that they have not paid, and will not pay, any bribes; +d) An undertaking by each Bidder to disclose all payments made in connection with +the Contract in question to anybody (including agents and other middlemen as +well as family members, etc., of officials); the disclosure would be made either at +the time of submission of Bids or upon demand of the Principal, especially when \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_56.txt b/new_scrap/PM-2020.pdf_chunk_56.txt new file mode 100644 index 0000000..ed5374a --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_56.txt @@ -0,0 +1,69 @@ +97 + suspicion of a violation by that Bidder emerges; +e) The explicit acceptance by each Bidder that the no-bribery commitment and the +disclosure obligation as well as the attendant sanctions remain in force for the +winning Bidder until the contract has been fully executed. +f) Undertaking on behalf of a Bidding company will be made “in the name and on +behalf of the company‟s Chief Executive Officer”. +g) Any or all of the following set of sanctions could be enforced for any violation by a +Bidder of its commitments or undertakings: +(i) Denial or loss of contracts; +(ii) Forfeiture of the EMD and Performance cum Warranty Bond; +(iii) Liability for damages to the Principal and the competing Bidders; and +(iv) Debarment of the violator by the Principal for an appropriate period of +time. +h) Bidders are also advised to have a company code of conduct clearly rejecting the +use of bribes and other unethical behavior and compliance program for the +implementation of the code of conduct throughout the company. +i) The draft Pre-Contract Integrity Pact is attached as Annexure ‘B’. The Bidders +are required to sign the pact and submit it separately along with the Techno- +Commercial and Price bid.” +7.2.19 Undertaking from the Bidders : An undertaking will be obtained from the +Bidder/firm/company/vendor that in the past they have never been banned/debarred for +doing business dealings with Ministry of Defence/Govt. of India/ any other Govt. +organisation and that there is no enquiry going on by CBI/ED/any other Govt. agency +against them. +7.3 SPECIAL TERMS & CONDITIONS: +Part III of RFP format contains Special Terms & Conditions pertaining to the +procurement in question. Part of the conditions may be relevant depending on the +requirement. A conscious decision needs to be taken to incorporate the relevant +clauses from this part. The wordings of these clauses can also be appropriately +modified to suit a particular case. Only relevant clauses should be retained in the RFP. +While opting the payment terms, Buyer shall keep in mind that the Stage-wise/ Part +payments and Advance payment should not form a part of payment terms in the RFP +for the procurement of „Commercially -Off-The- Shelf (COTS)‟ store(s). 98 + 7.3.1 Apportionment of Quantity : Cases where apportionment of quantity is desired for +whatsoever reasons, the ratio of apportionment should be mentioned upfront in the +RFP: +“Buyer reserves the right to apportion the quantity among ____ bidders in the ratio of - +_________ starting from Lowest Bidder (L1) and proceed ing to Next Higher Bidder and +so on subject to their consent to meet the L1‟s rates as well as terms and conditions, +as negotiated. The bidders are requested to submit the price bid catering the need of +apportioned quantity as well as total quantity, else the unit cost of the store(s) for total +quantity will be considered for the apportioned quantity while evaluating the bid.” +(Splitting of the quantity should be in favour of L1) . + +7.3.2 Performance and Warranty Bond : It is an amount of money paid in advance and held +in reserve or a written undertaking given by the Seller through his bank as a guarantee +that he would perform the promised/ contractual obligation as per terms and conditions +stipulated in the Contract/ SO. The standard text of this clause is as under: +a) Performance Security Bond should be for an amount equal to -----------% of the +contract value ( inclusive of taxes and duties) in favour of the Director (Lab Name), +(Place) for safeguarding the Buyer‟s interest in all respects during the currency of the +contract. In case the execution of the contract is delayed beyond the contracted +period and the Buyer grants the extension of delivery period, with or without +liquidated damages, the Seller must get the Bond revalidated, if not already valid. +The specimen of bond can be provided on request. +b) To cover the Buyer‟s interest during warranty period, warranty Bond for an amount +of 10% percent of the contract value (inclusive of taxes and duties) would be +obtained from the seller prior to return of performance security bond. Warranty bond +should remain valid for a period of sixty days beyond the date of completion of all +warranty obligations. Warranty bond would be returned to the Seller on successful +completion of warranty obligations, under the contract. The specimen of bond can be +provided on request. +i. Indigenous Bidder: They may be accepted in the form of Bank Draft, Fixed +Deposit Receipt or a Bank Guarantee. +ii. Foreign Bidder: They may be accepted in the form of Bank Guarantee or +Stand-by Letter of Credit from an internationally recognized first class bank . . +“The Performance Security / Warranty Bond will be forfeited by the Buyer, in case +the conditions regarding adherence to delivery schedule and/or other provisions \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_57.txt b/new_scrap/PM-2020.pdf_chunk_57.txt new file mode 100644 index 0000000..97ec7fe --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_57.txt @@ -0,0 +1,70 @@ +99 + of the Contract/ SO are not fulfilled by the S eller.” +7.3.3 Tolerance Clause : This clause provides the Buyer an opportunity to address the +change in the requirement during the period starting from issue of RFP till placement of +SO/ Contract. The standard text of this clause is as under: +“To take care of any change in the requirement during the period starting from issue of +RFP till placement of the Contract, Buyer reserves the right to increase or decrease +25% of the quantity of the required goods, proposed in the RFP, without any change in +the terms and conditions and rates quoted by the Seller. While awarding the Contract, +the quantity ordered can be increased or decreased by the Buyer within this tolerance +limit.” +7.3.4 Option Clause : This clause empowers the Buyer to place additional orders, within the +currency of the original Contract/SO, for additional quantity up to a maximum of 50% of +the originally contracted quantity (rounded up to the next whole number) at the same +rate and terms of the original Contract/SO. The standard text of this clause is as under: +“The Contract will have an Option Clause, wherein the Buyer can exercise an option to +procure an additional 50% of the original contracted quantity (rounded up to the next +whole number) in accordance with the same terms and conditions of the Contract. This +will be applicable within the currency of the Contract. It will be entirely the discretion of +the Buyer to exercise this option or not ”. +7.3.5 Repeat Order Clause : This clause empowers the Buyer to place additional orders up +to 50% quantity of the original contracted quantity (rounded up to the next whole +number), within twelve months from the date of completion of supply under the original +Contract/ SO, at the rates on not exceeding basis while the terms and conditions will +remain unchanged. The standard text of this clause is as under: +“The Contract will have a Repeat Order Clause, wherein the Buyer can order up to 50% +quantity of the original contracted quantity (rounded up to the next whole number) +under the Contract within twelve months from the date of completion of supply under +the original Contract/ SO. The Repeat Order will have rates on not exceeding basis +while the terms and conditions will remain unchanged. It will be entirely the discretion of +the Buyer to exercise the Repeat ord er or not.” +7.3.6 Purchase Preference Clause : The RFP should inform potential bidders about +purchase preference as prescribed by the Govt. of India from time to time through +statutory orders or administrative instructions. The standard text of this clause is as +under: 100 + “Purchase preference will be granted as per Public Procurement (Preference to Make +in India), Order-2017 as amended, issued by DPIIT/Ministry of Commerce and +Industry .” +7.3.7 Transfer of Technology (ToT): ToT is the process of transferring skills, knowledge, +technologies, methods of manufacturing and facilities by one party to other. This is to +ensure that the scientific and technological developments are accessible to Labs/Estts +to further develop and exploit the technology for development of new product, +processes, applications, materials or services. Following clause may be included in the +RFP where ToT is being sought: +“Buyer is desirous of license production of (generic name of store(s)) under ToT. Bu yer +reserves the right to negotiate ToT terms subsequently but the availability of ToT would +be a pre-condition for any further procurements. If negotiations for ToT are not held as +a part of the negotiations for store(s), then subsequent and separate ToT negotiations +would continue from the stage where the store(s ) has been selected.” +(In such cases, Labs/Estts. would spell out the requirements and scope of ToT +depending upon the depth of the technology which is required). +7.3.8 Permissible Time Frame for Submission of Bills : RFP should explicitly state about +the timeline for submission of bills for claiming payment. The standard text of this +clause is as under: +“To claim payment (part or full), the Seller shall submit the bill(s) along with the +relevant documents within ___ days from the completion of the activity/ supply.” (Lab +should mention the no. of days and the activity from which the counting will start) +7.3.9 Payment Terms : Payment terms are of great importance to both Buyer and Seller as +the cost of finance plays a very important role in deciding the cost of an item or service +being contracted for. RFP should clearly state the terms of payment including stage +payment/ advance payment, if any, as well as the mode of payment. The payment +terms should normally be in accordance with the options given in RFP as any change +of payment terms specified in the RFP can alter L1 determination. In case where the +payment terms offered by the bidders differ from the options given in the RFP, DCF +technique may be utilized for LI determination. The standard text of this clause is as +under: +a) For Indigenous Seller: The payment will be made as per the following terms, on +production of the requisite documents: +(i) 100% payment within 30 days after receipt, satisfactory installation and +acceptance of stores/equipment in good condition or the date of receipt of \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_58.txt b/new_scrap/PM-2020.pdf_chunk_58.txt new file mode 100644 index 0000000..5b9a0fe --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_58.txt @@ -0,0 +1,66 @@ +101 + the bill whichever is later. +Or +Stage-wise/Pro rata payments as per the milestone/time described here. +(Payment milestone/time shall be identified by the Lab and mentione d +here.) +(ii) Pro rata payment for the services rendered will be made as per the +frequency described here. (The frequency shall be pre-defined by the Lab +b) For Foreign Seller : +(i) 100% payment within 30 days after receipt, satisfactory installation and +acceptance of stores/ equipment in good condition or after receipt of +necessary documents warranted by delivery terms. +Or +Stage-wise/Pro rata payments as per the milestone/time described here. +(Payment milestone/time shall be identified by the Lab and mentioned +here.) +(ii) Pro rata payment for the services rendered will be made as per the +frequency described here. (The frequency shall be pre-defined) +c) Advance Payments : + No advance payment will be made. +Or +Interest free mobilization advance payment of __% of the Contract value may be +made, preferably in not less than two installments, against submission of Bank +Guarantee, in favour of The Director (Lab Name), (Place), of 110% of advance +payment (from first class bank of international repute in case of foreign Seller) by +the private firm or against submission of Indemnity Bond by the Govt. +organizations/ PSUs. In case of termination of the Contract/ extension of delivery +period due to default of the Seller or where advance taken has not been/ could not +be used for the purpose of order execution, interest free mobilization advance +would be deemed as interest bearing advance, compounded quarterly, at the rate +of 2% above (i) MCLR (Marginal Cost of Funds based Lending Rate) declared by +RBI pertaining to SBI for Indian Seller, and (ii) LIBOR/EURIBOR rate for the foreign +Seller. The rates as applicable on the date of receipt of advance will be considered 102 + for this. +d) Part Supply and Pro rata Payment : +Part supply will not be acceptable. +Or +Full supply may be accepted in maximum _______ nos. of lots. However, Pro +rata payment will not be made for part supplies of the stores(s) made. +Or +Full supply may be accepted in maximum _______ nos. of lots. Pro rata payment +will be made as per the applicable payment terms for the part supply of the +stores(s). +e) Mode of Payment : +(i) For Indigenous Sellers: It will be mandatory for the Bidders to indicate +their bank account numbers and other relevant e-payment details to +facilitate payments through ECS/EFT mechanism instead of payment +through cheque, wherever feasible. +(ii) For Foreign Seller: The payment will be arranged through Letter of Credit +from Reserve Bank of India/ State bank of India/ any other Public Sector +Bank, as decided by the Buyer, to the Bank of the Foreign Seller as per +mutually agreed terms and conditions. The Letter of Credit will preferably be +opened with validity of 90 days from the date of its opening, on extendable +basis by mutual consent of both the parties. Letter of Credit opening +charges in India will be borne by the Buyer. However, the extension +charges, if any, will be borne by the party responsible for the extension. +For contracts costing up to US $ 100,000 (or equivalent) or the payment of +Training/ Installation & Commissioning/ AMC charges, preferable mode of +payment will be by Direct Bank Transfer (DBT). DBT payment will be made +within 30 days of receipt of clean Bill of Lading/ AWB/ Proof of shipment +and such other documents indicating completion of the contractual +obligation on part of the Seller as provided for in the contract, but such +payments will be subject to the deductions of such amounts as the Seller +may be liable to pay under the agreed terms of the Contract. +7.3.10 Documents to be furnished for Claiming Payment : RFP should clearly spell out the +list of documents required from the Seller for claiming payment. The standard text of \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_59.txt b/new_scrap/PM-2020.pdf_chunk_59.txt new file mode 100644 index 0000000..38f5744 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_59.txt @@ -0,0 +1,66 @@ +103 + this clause is as under: +a) Indigenous Sellers: The payment of bills will be made on submission of the +following documents by the Seller to the Buyer +(i) Ink-signed copy of Contingent Bill. +(ii) Ink-signed copy of Commercial Invoice / Seller‟s Bill. +(iii) Bank Guarantee for Advance, if applicable. +(iv) Guarantee/ Warranty Certificate. +(v) Details for electronic payment viz. Bank name, Branch name and address, +Account Number, IFS Code, MICR Number (if these details are not already +incorporated in the Contract). +(vi) Original copy of the Contract and amendments thereon, if any. +(vii) Self certification from the Seller that the GST/ applicable taxes as received +under the contract would be deposited to the concerned taxation authority. +(viii) Any other document/ certificate that may be provided for in the Contract. +(Note – Lab may specify any other documents required as per need) +b) Foreign Sellers: In case of payment through Letter of Credit (LC), paid shipping +documents are to be provided to the Bank by the Seller as a proof of dispatch of +goods as per contractual terms/ LC conditions so that the Seller gets payment from +LC. The Bank will forward these documents to the Buyer for getting the goods/ +stores released from the Port/ Airport. However, where the mode of payment is +DBT, the paid shipping documents are to be provided to the paying authority by the +Buyer. Documents will include: +(i) Clean on Board Airway Bill/Bill of Lading +(ii) Original Invoice +(iii) Packing List +(iv) Certificate of Origin from Seller‟s Chamber of Commerce, if any. +(v) Certificate of Quality and year of manufacture from OEM. +(vi) Dangerous Cargo Certificate, if applicable. +(vii) Insurance Policy of 110% value in case of CIF/ CIP contract 104 + (viii) Certificate of Conformity and Acceptance Test at PDI, if any. +(ix) Phyto-sanitary/ Fumigation Certificate, if any. +(x) Any other documents as provided for in the Contract.” +(Note –Lab may specify any other documents required as per need) +7.3.11 Exchange Rate Variation (ERV) Clause : To cover the exchange rate fluctuation due +to volatile market in a long term contract, it may be necessary to make a provision for +such variation in exchange rates. The standard text of this clause is as under: +“This clause will be applicable only in case the delivery period exceeds 12 Months from +the Effective Date of the Contract which involves import content (foreign exchange). +a) Detailed time schedule for procurement of imported material and their value at +the FE rates adopted for the Contract is to be furnished by the Bidder as per the +format given below. +Year Wise and Major Currency Wise Import Content Break up + + + + +. +b) ERV will be payable/ refundable depending upon movement of exchange rate +with reference to exchange rate adopted for the valuation of the Contract. Base +Exchange rate of each major currency used for calculating FE content of the +Contract will be the SBI selling rate of the foreign exchange element on the date +of the last date of bid submission. +c) The base date for ERV would be the last date of bid submission and variation on +the base date will be given up to the midpoint of manufacture unless the Bidder +indicates the time schedule within which material will be imported by them. Based +on information given above, the cut-off date/dates within the Delivery schedule for +the imported material will be fixed for admissibility of ERV. +d) ERV clause will not be applicable under following circumstances: +(i) Cases where delivery periods for imported content are subsequently to be Year Total Cost of +Material +(Import) FE Content Outflow +(Equivalent in Rs. in crores) +$ € £ Others + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_6.txt b/new_scrap/PM-2020.pdf_chunk_6.txt new file mode 100644 index 0000000..c888b9d --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_6.txt @@ -0,0 +1,196 @@ +CHAPTER 11. +tt.L +1,1,.2 +11.3 +TL.4 +11.5 +1,1,.6 +TL.7 +11.8 +11.9 +1L.10 +LT.1,T +L1,.T2 +1,1,.13 +1,1,.I4 +11. 15 +TT.T6 +1,L.17 +11. 18 +11. 19 +TL.2O +TT.2T +1,1.22 +TT.23 +L1,.24 +11,.25 +11,.26 +CHAPTER T2 +12.! +1,2.2 +1,2.3 +12.4 +12.5 +L2.6 +12.7 +1,2.8 +1,2.9 +12.r0GENERAL: +DEMAND PROCESSING, BIDDING, PLACEMENT OF ORDER & MONITORING:............... +HANDLING OF INDIAN AGENTS: ..... +tNDIAN/ REGIONAL OFFICE OF FOREIGN OEM: .... +PROJECTION OF FE REQUIREMENT: .....L4L +, L4t +, 1,4L +,1,43 +, r43 +, L44 +, I44 +, 1,44 +, 1,45 +, 1,45 +. L45 +. r45 +. 146 +. 146 +.1,46 +. L47 +r48 +1,49... 1,47FE RELEASE & NOTING... +DENOTTNG/ RENOTTNG OF FE: .... +REPORTING AND MONITORING OF FE:... +END USE CERTIFICATES: .. +IMPORT CERTIFICATES: +PAYMENT TO FOREIGN SELLER:..... +I NSU RANCE COVERAGE :... +SH ! PPI NG AN D AI R-FREIGHTI NG: +CUSTOMS CLEARANCE +DEM U RRAGE/ WARE HOUSE CHARG ES: +REFUND CLAIMS:..... +LOSS/ DAMAGE/ SHORT-LAN DI NG :....... +IN LAN D TRANSPORTAT!ON +ACCEPTAN CEI ACCOUNTING OF IMPORTED STORES:...... +SMALL VALUE IMPORTS THROUGH TA (DEFENCE) ABROADDOCUMENTS USED IN IMPORT: +EXPORT OF ITEMS NOT REPAIRABLE IN INDIA +SPECIAL PROVISIONS FOR EQUIPMENT IMPORTED FOR DEMONSTRATION/ TRIAL/ TRAINING +DRAWBACK CLAIMS:L49 +150 +150 +151 +151 +151 +L52 +154 +154 +155 +r57. .. 151 +REPEAT ORDER AND OPTION CLAUSE: . +PACKAGING AND DISPATCH +GENERAL: ... +PRINCIPLES AND POLICY: +I NTELLECTUAL PROPERTY RIGHTS (I PR) +TYPES OF CONTRACTS: +DEVE LOPM E NTAL CONTRACT: +TYPES OF DEVELOPMENTAL CONTRACTS +FABRICATION CONTRACT: +COSTING AND TIME ESTIMATION: .. +PROCESSI NG OF DEVELOPM ENTAL CONTRACT:....1,52 +..I52 +154 +CFA FOR VARIOUS CONTRACTS: ...............157 +(v)1581,2.I1 +12.1,2 +12.1,3 +1,2.I4 +12.L5 +L2.T6 +1,2.17 +1,2.L8 +12.19 +1,2.20 +12.2r +1,2.22 +12.23 +12.24 +12.25 +12.26 +12.27 +CHAPTER 13 +13. 1 +13.2 +13.3 +13.4 +13.5 +13.6 +CHAPTER 14 +14.1, +14.2 +1,4.3 +L4.4 +1,4.5 +14.6 +L4.7 +1,4.8 +CHAPTER 15 +15. 1 +L5.2 +15.3INITIATION & APPROVAL OF DEMANDS:..... +FIRM!NG UP OF VENDOR QUALIFICATION CRITERIA: +REQUEST FoR PRoPOSAL (RFP):.... +PRE-B!D CONFERENCE +REQUIREM ENT OF SAM PLE: ..... +BID PROCESSING AND CONDUCT OF CNC +BREAK UP OF QUOTED PRICE: +COST ESTIMATION +PRE-REQUISITES FOR PLACI NG DEVELOPMENTALI F ABRICATION CONTRACTS: +GENERAL +DEMAN D IN ITIATION +LTBRARY ADVTSORY COMMTTTEE (LAC) +pRocUREMENT OF BOOKS/ PUBLICATTONS OTHER THAN PERTODTCALS +PROCU REM ENT OF PERIOD!CAL PUBLICATIONS: +GU!DELINES FOR PROCUREMENT FOR BOOKS/ JOURNALS: +GENERAL +PURPOSE OF OUTSOURCI NG:..... +TYPES OF SERVICES THAT MAY BE OUTSOURCED: +IDENTIFICATION OF LIKELY SERVICE PROVIDERS +SELECT!ON OF SERVICE PROVIDERS: +DEMAND INITIATION & APPROVAL UNDER QCBS +DEMAND INITIATION & APPROVAL UNDER CQCCBS:....... +EVALUATION UNDER COMBINED QUALITY CUM COST BASED SYSTEM (CQCCBS) +OBJ ECTIVE +RATE CONTRACT (RC)/ Pntcr AcnrEMErur (PA).. 160158 +158 +159 +160 +161 +1,61, +161 +T6I +L64 +164 +164 +164 +165 +165 +165 +L67SIGNING OF CONTRACT: .. 1,62 +CONTRACT COMMENCEMENT AND COMPLETION DATES 1,62 +MONITORING PROGRESS AND MANAGEMENT OF CONTRACTS/ AGREEMENTS: 162 +ACCESS TO CLASSIFIE D DOCU M E NTS/ SYSTE MS 162 +AppRovAL oF M rLESTON ES/ ACTrVrr ES 163 +AMENDMENTS TO CONTRACT TERMS AND CONDITIONS 163 +REPEAT ORDER: 163 +PROCUREMENT OF DEVELOPED STORE FROM AGENCIES ASSOCIATED WITH DEVELOPMENT:... 163 +r67 +167 +r67 +168 +168 +168 +168 +170 +L73 +173 +L73 +173 SnlrENr FEATURES oF RC/PA: +(vi) \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_60.txt b/new_scrap/PM-2020.pdf_chunk_60.txt new file mode 100644 index 0000000..98c6784 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_60.txt @@ -0,0 +1,69 @@ +105 + refixed /extended except for reasons solely attributable to the Buyer or +Force Majeure. +(ii) Cases where movement of exchange rate falls within the limit of ± 2 % of +the reference exchange rate adopted for the valuation of the Contract. +e) The impact of notified ERV shall be computed on a yearly basis for the outflow as +mentioned by the Bidder in their bid and shall be paid / refunded before the end +of the financial year based on certificatio n by the Buyer.” +7.3.12 Force Majeure Clause : Force majeure clause allows a party to suspend or terminate +the performance of its obligation when certain circumstances beyond their control arise, +making performance inadvisable, commercially impracticable, illegal or impossible. The +provision may state that the contract is temporarily suspended, or that it is terminated in +the event of force majeure continues for a prescribed period of time. The standard text +of this clause is as under: +a) Neither party shall bear responsibility for the complete or partial non-performance +of any of its obligations, if the non-performance results from such Force Majeure +circumstances as Flood, Fire, Earth Quake and other acts of God as well as War, +Military operations, blockade, Acts or Actions of State Authorities or any other +circumstances beyond the parties control that have arisen after the conclusion of +the present contract. +b) In such circumstances the time stipulated for the performance of an obligation +under the Contract is extended correspondingly for the period of time +commensurate with actions or circumstances and their consequences. +c) The party for which it becomes impossible to meet obligations under the Contract +due to Force Majeure conditions, is to notify in written form to the other party of the +beginning and cessation of the above circumstances immediately, but in any case +not later than 10 (Ten) days from their commencement. +d) Certificate of a Chamber of Commerce (Commerce and Industry) or other +competent authority or organization of the respective country shall be considered +as sufficient proof of commencement and cessation of the above circumstances. +e) If the impossibility of complete or partial performance of an obligation lasts for more +than 6 (six) months, either party hereto reserves the right to terminate the Contract +totally or partially upon giving prior written notice of 30 (thirty) days to the other +party of the intention to terminate without any liability other than reimbursement on +the terms provided in the agreement for the goods received. +7.3.13 Buy-Back : In case where Buyer is interested to trade the existing old goods while 106 + purchasing the new ones, the appropriate provision shall be mentioned in the RFP. The +standard text of this clause is as under: +“The Buyer is interested to trade the existing old goods while purchasing the new ones. +Bidders may formulate and submit their bids accordingly. Interested Bidders can +inspect the old goods to be traded through this transaction. The Buyer reserves the +right to trade or not to trade the old goods while purchasing the new ones and the +Bidders are to frame their bids accordingly covering both the options. Details for buy- +back offer are as under: +a) Details of Items for Buy-Back Scheme – Make/ Model, Specs, Year of +Production/ Purchase, Period of Warranty/ AMC etc. +b) Place for Inspection of Old Items – Address, Telephone, Fax, e-mail, Contact +personnel, etc. +c) Timings for Inspection – All working days between the time of ___ to _____. +d) Last Date for Inspection – 1 day before the last date of submission of bids. +e) Period of Handing Over of Old Items to Successful Bidder – Within ___ days of +________________________ (No. of days and condition to be specified by the +Lab) +f) Handling charges and transportation expenses to take out the old items will be on +account of the successful Bidder. +7.3.14 Export License : RFP should specifically seek the details and format for end use +certificate required by the Seller for obtaining export clearance. The standard text of +this clause is as under: +“The Bidder is required to furnish full details and formats of End Use Certificate +required for obtaining export clearance from the country of origin. This information will +be submitted along with Techno-Commercial bid. In the absence of such information, it +would be deemed that no document is required from the Buyer for export clearance +from the country of origin.” +7.3.15 Free Issue of Material (FIM): Wherever FIM is to be issued by the Buyer, the same +should be clearly stated in the RFP along with the method of safeguarding the govt. +property. Free Issue Material (FIM) to be safeguarded as per the provisions of para +6.43.2 (c) and (d) of this Manual . The standard text of this clause is as under: +The list of FIM are given below: (Lab has to provide the list as per the format given +below) \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_61.txt b/new_scrap/PM-2020.pdf_chunk_61.txt new file mode 100644 index 0000000..4cb8b75 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_61.txt @@ -0,0 +1,64 @@ +107 + Sl. No. Description of Store(s) Qty. Unit Cost Total Cost + + +Free Issue of Material (FIM) as raw material : FIM is a government property and will +be secured through , a comprehensive insurance cover (for transportation and storage +period) taken by the Lab/Estt or Supplier through Nationalized Insurance Agency or +their subsidiaries. If insurance is taken by the Supplier, the insurance charges will be +reimbursed by the Lab/Estt at actuals. +7.3.16 Terms of Delivery : Terms of delivery plays direct role in determining cost of the +contract/ SO. The standard text of this clause is as under: +a) For Foreign Bidder: Foreign bidders are required to quote both on CIF/CIP +(destination) and FCA/FOB (Gateway) basis. +b) For Indigenous Bidder: The delivery of goods shall be on FOR (destination) +basis. +7.3.17 Packing and Marking Instructions : Following clause shall be retained in the RFP: +a) The Seller shall provide packing and preservation of the equipment and +spares/goods contracted so as to ensure their safety against damage in the +conditions of land, sea and air transportation, transhipment, storage and weather +hazards during transportation, subject to proper cargo handling. The Seller shall +ensure that the stores are packed in containers, which are made sufficiently strong. +The packing cases should have provisions for lifting by crane/ fork lift truck. Tags +with proper marking shall be fastened to the special equipment, which cannot be +packed. +b) The packing of the equipment and spares/goods shall conform to the requirements +of specifications and standards in force in the territory of the Seller‟s country. +c) A label in English shall be pasted on the carton indicating the under mentioned +details of the item contained in the carton. The cartons shall then be packed in +packing cases as required. +(i) Part number : +(ii) Nomenclature : +(iii) Contract annex number : +(iv) Annex serial number : 108 + (v) Quantity contracted : +d) One copy of the packing list in English shall be inserted in each cargo package, +and the full set of the packing lists shall be placed in case No.1 painted in a yellow +colour. +e) The Seller shall mark each package with indelible paint in English language as +follows:- +(i) Contract No. __________________________________ +(ii) Consignee ____________________________________ +(iii) Port / airport of destination _______________________ +(iv) Ultimate consignee ________________________ _____ +(v) Package No. ________________________ __________ +(vi) Gross/net weight ________________________ ______ +(vii) Overall dimensions/volume ______________________ +(viii) The Seller‟s marking _______ ____________________ +f) If necessary, each package shall be marked with warning inscriptions: , , category of cargo etc. +g) Should any special equipment be returned to the Seller by the Buyer, the latter +shall provide normal packing, which protects the equipment and spares/goods from +damage or deterioration during transportation by land, air or sea. In such case the +Buyer shall finalize the marking with the Seller. +7.3.18 Inspection Instructions : Detailed procedure for following inspection (applicable) to be +spelt upfront in the RFP: +a) Raw material inspection +b) Part inspection +c) Stage/Subsystem inspection +d) Pre-Delivery Inspection +e) Factory Acceptance Test +f) Post Delivery inspection on receipt of store +g) Inspection Authority: The Inspection will be carried out by a representative of the +Lab/Estt duly nominated by the Director. +(The Lab shall choose clauses as applicable and provide detailed procedure for \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_62.txt b/new_scrap/PM-2020.pdf_chunk_62.txt new file mode 100644 index 0000000..b07e693 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_62.txt @@ -0,0 +1,68 @@ +109 + inspection for each of the clauses. Any other inspection instruction, if required, may be +added.) +7.3.19 Franking Clause : The fact that the stores have been inspected after the delivery +period and accepted by the inspectorate does not bind the Buyer, unless at his +discretion he agrees, to accept delivery thereof. A suitable provision shall be made in +the RFP to address such type of concern. The standard text of this clause is as under: +a) In Case of Acceptance of Store(s): “The fact that the goods have been inspected +after the delivery period and passed by the Inspecting Officer will not have the +effect of keeping the contract alive. The goods are being passed without prejudice +to the right s of the Buyer under the terms and conditions of the Contract”. +b) In Case of Rejection of Store(s): “The fact that the goods have been inspected +after the delivery period and rejected by the Inspecting Officer will not bind the +Buyer in any manner. The goods are being rejected without prejudice to the rights +of the Buyer under the terms and conditions of the contract.” +7.3.20 Claims : For settlement of claim in respect of deficiency in quality/ quantity of supplies +made under the contract, following clause may be provided in the RFP: +a) The quantity claims for deficiency of quantity and/ or the quality claims for defects +or deficiencies in quality noticed during the inspection shall be presented within 45 +days of completion of inspection. +b) The Seller shall collect the defective or rejected goods from the location indicated +by the Buyer and deliver the repaired or replaced goods at the same location, +within mutually agreed period, under Seller‟s arrangement without any financial +implication on the Buyer. +7.3.21 Warranty : Following clause should be provided in the RFP where warranty of goods +being procured is required: +a) “The Seller will declare that the goods, stores articles sold/ supplied shall be of the +best quality and workmanship and new in all respects and shall be strictly i n +accordance with the specifications and particulars contained/ mentioned in the +contract. The Seller will guarantee that the said goods/ stores/ articles would +continue to conform to the description and quality for a period of, ___ months from +the date of acceptance/ installation of the said goods stores/ articles. If during the +aforesaid period of ___ months, the said goods/ stores are discovered not to +conform to the description and quality aforesaid, not giving satisfactory +performance or have deteriorated, the Buyer shall be entitled to call upon the Seller 110 + to rectify the goods/ stores/ articles or such portion thereof as is found to be +defective by the Buyer within a reasonable period without any financial implication +to the Buy er.” +b) “In cases of procurement of software , Seller shall issue/provide upgrades of the +software free of cost during the warranty period.” +7.3.22 Product Support : Following clause should be provided in the RFP where product +support beyond warranty period is required: +a) The Seller agrees to provide product support for the stores, assemblies/ sub- +assemblies, fitment items, spares and consumables, Special Maintenance Tools +(SMT)/ Special Test Equipments (STE) for a minimum period of _____years +including _____ years of warranty period after the delivery. +b) The Seller agrees to undertake a maintenance contract for a minimum period of +______years/ months. The Seller is required to quote the price for both +comprehensive and non-comprehensive maintenance of the equipment after the +expiry of warranty period in the price bid. +7.3.23 Annual Maintenance Contract (AMC) Clause : In case of AMC or where AMC is also +required along with the procurement of goods, a clause to cover such maintenance +contract may be incorporated in the RFP. The standard text of this clause is as under: +a) The Seller would provide a Non- Comprehensive AMC for a period of ___ years. +Or +The Seller would provide a Comprehensive AMC for a period of ___ years. The +AMC services should cover the repair and maintenance of all the equipment and +systems purchased under the Contract and specify following: +(i) Maximum repair turnaround time for equipment/system would be _____ +days. +(ii) Required spares that may be stored at site by the Seller at their own cost +to avoid complete breakdown of the equipment/system and to ensure +serviceability. +b) The AMC services would be provided in two distinct ways: +(i) Preventive Maintenance Service: The Seller will provide a minimum of +_____ Preventive Maintenance Service visits during a year to the operating +base to carry out functional checkups and minor adjustments/ tuning as +may be required. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_63.txt b/new_scrap/PM-2020.pdf_chunk_63.txt new file mode 100644 index 0000000..8e8fef5 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_63.txt @@ -0,0 +1,71 @@ +111 + (ii) Breakdown Maintenance Service: In case of any breakdown of the +equipment/system, on receiving a call from the Buyer, the Seller is to +provide prompt maintenance service to make the equipment/system +serviceable. +c) Response Time: The response time of the Seller should not exceed +_______hours / days from the time breakdown intimation is provided by the Buyer. +d) Serviceability of ___% per year is to be ensured. This amounts to total maximum +downtime of ___days per year. Also un-serviceability should not exceed ___days at +any given time. Total down time would be calculated at the end of the year. If +downtime exceeds permitted limit, LD/ Extension/ Termination may be considered +as per merit of the case as decided by the Buyer. +e) Technical Documentation: All necessary changes in the documentation +(Technical and Operators Manual) for changes carried out on hardware and +software of the equipment will be provided. +f) During the AMC period, the Seller shall carry out all necessary servicing/repairs to +the equipment/system under AMC at the current location of the equipment/system. +Prior permission of the Buyer would be required in case certain components/sub +systems are to be shifted out of location. On such occasions, before taking out the +goods or components, the Seller will give suitable bank guarantee to the Buyer to +cover the estimated current value of items being taken out of location. +g) Period of AMC may be extended as per mutual agreement subject to satisfactory +performance. +h) The Buyer reserves the right to terminate the maintenance contract at any time +without assigning any reason whatsoever, after giving a notice of ___ months. The +Seller will not be entitled to claim any compensation against such termination. +However, while terminating the Contract, if any payment is due to the Seller for +maintenance services already performed in terms of the Contract, the same would +be paid as per the Contract terms. +7.3.24 Price Variation (PV) Clause : Generally, the contract should be entered with a fixed +and firm price. However, in cases, where it is required to enter into a contract with price +variation clause, following clause may be incorporated in the RFP: +a) “(Applicable only if DP is more than 18 Months) – A sample clause is indicated +below for inclusion in RFP. +The formula for Price Variation should ordinarily include a fixed element, a 112 + material element and a labour element. The figures representing the material +element and the labour element should reflect the corresponding proportion of +input costs, while the fixed element may range from 10 to 25%. That portion of +the price represented by the fixed element will not be subject to variation. The +portions of the price represented by the material element and labour element will +attract Price Variation. The formula for Price Variation will thus be: +𝑃1 = 𝑃0 𝐹+𝑎 𝑀1 +𝑀0 + 𝑏 𝐿1 +𝐿0 + ………. − 𝑃0 +Where +P1 : Adjustment amount payable to the Seller (a minus figure will +indicate a reduction in the Contract Price) +P0 : Contract Price at the base level +F : Fixed element not subject to Price Variation +a : Assigned percentage to the material element in the Contract +Price +b : Assigned percentage to the labour element in the Contract Price +L0 : Wage indices at the base month and year +L1 : Wage indices at the month and year of calculation +M0 : Material indices at the base month and year +M1 : Material indices at the month and year of calculation + +If more than one major item of material is involved, the material element can be +broken up into two or three components such as Mx, My, Mz . Where price +variation clause has to be provided for services (with insignificant inputs of +materials) as for example, in getting technical assistance normally paid in the +form of per diem rate, the price variation formula should have only two elements, +viz. a high fixed element and a labour element. The fixed element can in such +cases be 50% or more, depending on the mark-up by the seller of the per diem +rate vis-à-vis the wage rates. +b) Following conditions would be applicable to price adjustment: +(i) Base date shall be last date of bids submission. +(ii) Date of adjustment shall be midpoint of manufacture. +(iii) No price increase is allowed beyond original Delivery Period unless the +delay is attributable to the Buyer or Force Majeure. +(iv) Total adjustment will be subject to maximum ceiling of ____%. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_64.txt b/new_scrap/PM-2020.pdf_chunk_64.txt new file mode 100644 index 0000000..16aaaaf --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_64.txt @@ -0,0 +1,51 @@ +113 + (v) No price adjustment shall be payable on the portion of the payment made +as an advance payment made in the Contract to the Seller. +7.3.25 Intellectual Property Rights (IPR): In case of Development Contract, RFP should +clearly spell out the holder of IPR developed under the contract. The standard text of +this clause is as under: +“The rights of Intel lectual Property, developed under the Contract, will be either the +property of Govt. of India or jointly owned by the Govt. of India and the Development +Partner. The holding of rights of intellectual property will be decided by the Buyer +based on the merits of the case. Even where IPR is jointly held, Govt. of India will have +the marching rights on IPR, i.e., the Development Partner will have to give technical +know-how/design data for production of the item to the designated Production Agency +nominated by Govt. of India. The Development Partner will, however, be entitled to +license fee / royalty from designated agency as per agreed terms and conditions. The +Development Partner will also be entitled to use these intellectual properties for their +own purposes, which specifically excludes sale or licensing to any third party.” + 114 + 8 CHAPTER 8 +EVALUATION OF QUOTATIONS AND PRICE REASONABILITY +8.1 INTRODUCTION: +GFR 20 17 prescribes that every authority delegated with the financial powers of +procuring goods in public interest shall have the responsibility and accountability to +bring efficiency, economy and transparency in matters relating to public procurement +and for fair and equitable treatment of firms and promotion of competition in public +procurement. +8.2 COMMERCIAL EVALUATION OF QUOTE: +RFP is issued on the basis of the assessed cost as approved by the CFA. The next +important stage is the commercial evaluation of the bids received in response to the +RFP that are found technically compliant. These have to be evaluated to work out the +financial implication of each offer. In order to ensure that all offers are compared in a +fair & equitable manner and that the bidders are provided a level playing field, all +elements of cost, including taxes and duties and terms and conditions with financial +implications are to be taken into account. The evaluation criteria adopted for this +purpose should be indicated in the RFP and the quotations should be ranked as per +criteria indicated therein. In cases where RFP specifies Life Cycle Cost (LCC) as the +criteria for the determination of successful bidder, AMC/ product support costs for the +specified period beyond the original warranty period, will be loaded in CSB and taken +into consideration for determining L1. +8.3 BASIS OF COMPARISON OF COST : +The comparison of the Bids would be done on the principle of the total cash outgo from +Procuring Entity‟s pocket. The financial bids of the qualified bidde rs would be +compared on the basis of total cost (FOR destination basis - consignment to Buyer‟s +premises) of the deliverables and services including statutory levies, taxes and duties +on final product which are to be paid extra as per actuals. + +8.3.1 Total Cost for Indian bidders: All the cost of the deliverables (FOR destination basis +– consignment to Buyer‟s premises) and services including statutory levies, taxes and +duties on final product which are to be paid extra as per actuals. Custom Duty on input +materials will not be loaded in their total cost, if such duties are exempted under +existing Notifications. +8.3.2 Total Cost for Foreign Bidders: All foreign bidders would be asked to quote on \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_65.txt b/new_scrap/PM-2020.pdf_chunk_65.txt new file mode 100644 index 0000000..7019cd5 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_65.txt @@ -0,0 +1,71 @@ +115 + FOB/FCA cost basis. In addition, they would also indicate CIF/CIP cost. Wherever, +CIP/CIF Cost is not indicated by a foreign bidder, the FOB/ FCA Cost would be loaded +by 10% to arrive at CIP/CIF Cost. After arriving at CIP/CIF cost, the bids would be +further loaded with Custom Duty (CD) & GST (as applicable) which are to be paid extra +as per actuals and a charge @ 1% of CIP/CIF cost to bring the consignment to the +Buyer‟s Premises for the purposes of comparison of bids. All the foreign bids would be +brought to a common denomination in Indian Rupees by adopting Base Exchange Rate +as BC selling rate of the State Bank of India on the day of last date of submission of +bids. +8.4 COMPARATIVE STATEMENT OF BIDS ( CSB ): +MMG will collate prices of all qualified bids in the form of a CSB. If the prices quoted +are in foreign/ multiple currencies, the same will be brought to rupee denomination by +adopting the exchange rate (BC selling rate of SBI) prevailing on the date of the +opening of price bids. The CSB should be exhaustive and it must include all details +given in the quotations. Deviations from the RFP and the price bid format should be +highlighted in the CSB. MMG rep. would sign the CSB and it should be vetted and +countersigned by rep. of Integrated Finance where either financial powers are to be +exercised with their concurrence or CNC cases. +8.4.1 Determination of lowest acceptable offer : MMG will determine the lowest acceptable +offer, L1, based on the overall evaluation criteria indicated in the RFP for all non CNC +cases. Wherever CNC is formed, only CNC will determine the lowest acceptable offer +(L1 bidder) based on the evaluation criteria indicated in the RFP for award of the +contract/ supply order . +8.5 NEGOTIATIONS +8.5.1 No requirement of convening CNC: To conclude Contract/S.O through open bidding +mode for stores that are commercially off the Shelf (COTS) with generic/ commercial +specifications; and support services such as Hygiene & Maintenance, Arboriculture, +Firefighting, Conservancy, Security Services including DGR cases, wet canteen +services and support services to DSC platoons, there woul d be no requirement of +convening CNC. +8.5.2 Negotiation with L1 Bidder : In multi-bidder cases, once L1 bidder is identified, the +contract should be concluded with L1 and there would be no need for any further price +negotiations. Negotiations can be held in exceptional circumstances where valid +reasons exist and such negotiations should be held only with L1. Exceptional situations +include procurement of proprietary items, items with limited sources of supply and items 116 + where there is suspicion of cartel formation. The justification and details of such +negotiations should, however, be recorded and documented giving reasons for holding +negotiations. Negotiations through a CNC should invariably be conducted in case of +single source situations including PAC cases. Negotiations may also have to be +conducted in multi-bidder cases where the offered price is considered high with +reference to the assessed reasonable price. CNC would record its recommendations +regarding reasonableness of the price offered by the L1 bidder and the need for +negotiation or otherwise with justification. In cases where a decision is taken to go for +re-floating of RFP but the requirements are urgent, negotiations may be under taken +with L1 bidder(s) for the supply of a bare minimum quantity in accordance with para 3 +of CVC instructions dated 3rd March 2006 (for latest guidelines issued by CVC in this +regard, CVC website may be referred). +8.5.3 Negotiation with L2 Bidder: If the bidder, whose bid has been found to be the lowest +evaluated bid withdraws or whose bid has been accepted, fails to sign the procurement +contract as may be required, or fails to provide the security as may be required for the +performance of the contract or otherwise withdraws from the procurement process, the +Procuring Entity shall cancel the procurement process. Provided that the Procuring +Entity, on being satisfied that it is not a case of cartelization and the integrity of the +procurement process has been maintained, may, for cogent reasons to be recorded in +writing, offer the next successful bidder an opportunity to match the financial +bid/negotiated price of the first successful bidder, and if the offer is accepted, award the +contract to the next successful bidder at the financial bid/negotiated price of the first +successful bidder, subject to compliance of following requirements : +a) Reasonability of the price bid being established by the CNC +b) The justification that there is no cartelization and the integrity of the procurement +process has been maintained will be issued by the Director/Head of the Lab/Estt/ +Procuring Entity +c) Prior approval of DG Cluster (PMB for Appendix B of DFP)/ CFA (whichever is +higher) is obtained before negotiating with L2. +8.6 PRICE BENCH MARKING : +Before scheduled negotiation, (wherever considered necessary), it would be advisable +to work out the estimated reasonable rate or the benchmark, to judge acceptability of +the L1 bidder based on available information. Benchmarking of price should be done +before opening of the price bids to ensure complete objectivity and fairness and the +fact that decision to negotiate or not itself depends upon such an assessment. Data \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_66.txt b/new_scrap/PM-2020.pdf_chunk_66.txt new file mode 100644 index 0000000..0999d99 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_66.txt @@ -0,0 +1,66 @@ +117 + may be collected from trade journals/internet/ technical literature/industry +sources/international or domestic market survey or Cost Estimation & Reasonability +Committee (CERC) may be constituted to arrive at an assessed reasonable price +through cost break-up analysis or by surveying the products performing similar +functions or using similar components/ materials/ technology etc. +8.7 EVALUATION AGAINST B ENCH -MARK: +The Benchmark price is an estimated price and will not be taken as a rigid cut-off price +in deciding the reasonableness of the quoted price. It will be used as a basis/ yardstick +for comparison with the quoted price. The decision regarding reasonableness of the +quoted price would have to be taken by the CNC on the merit of the case. +8.8 BENCHMARKING/ REASONABLENESS OF PRICES: +There can be multiple methods of arriving at a benchmark for assessing reasonability +of prices quoted. It may be acknowledged that a budgetary quote can at best be an +indicative price but not an assessment of reasonability of cost. Therefore following +approaches either singly or in combination may be adopted: +a) Ascertain element wise breakup of cost. For e.g. the quote/selling price would +generally constitute elements such as material cost, labour cost, overhead cost +along with applicable warranty and profit. +b) Ascertain the Last Procurement Price (LPP) of similar item, supplied by the vendor +recently to same service or other sister services/ organizations. If LPP is of an +earlier period then Price Level (PL) is required to be fixed as per last delivery of +item and applicable escalation to be given on that PL till year of delivery. +c) Escalation will have to be worked out on the basis of material composition and +analysis of raw materials used to make the item. The movement of price indices of +raw materials (year on year average), wholesale price indices, consumer price +indices, global metal indices such as London metal indices, US indices, UK MM19 +etc. may be used to assess the escalation rate. +d) Delivery period is to be ascertained and if the delivery is scheduled for more than +one year then midpoint of delivery period is to be taken for deciding escalation. +Month wise escalation from date of LPP may be given or if it is yearly then seven +months or more may be considered for one additional year‟s escalation. For e.g. if +item has to be delivered in the year 2014-2018 and LPP is for 2010, then the prices +have to be escalated from the year 2010 till 2016. 118 + e) Budgetary Quote ( BQ) obtained from one or more prospective Sellers may also +form the basis of benchmarking cost. If there is huge variation in BQ, the +aberrations have to be marginalized. +f) Prevailing market rates obtained through Market Survey (MS) or prices available +from open sources like internet etc. may be taken for benchmarking. However, +these should be referenced in the CNC regarding source & authenticity. +g) Labour cost has to be broken down into labour hours used and the Man-hour Rate +(MHR). In case of procurement of major item, the apportionment of estimated hours +required by the vendor and the MHR of the vendor, where available, is to be used +for working out the labour cost. For e.g. for manufacturing an aircraft by HAL, +many Divisions would be involved over a period of 4-5 years. The total labour hours +of each HAL Division as per Detailed Project Report (DPR) after factoring reduction +in hours on account of learning curve is to be worked out. Further the man hours +have to be apportioned year-wise for each Division and multiplied by MHR of +respective years to arrive at the total labour cost. +h) Professional Officers‟ Valuation (POV) may be considered in case no other prices +are available of that particular item. +i) Discounts may be factored-in while benchmarking viz. on account of Long Term +Business Agreements (LTBA) with other OEMs or economies of scale. In case of +Bought out Foreign terms or indigenous items with substantial import content, LPP +plus Exchange Rate Variation (ERV) since last purchase, if any, have to be +factored-in benchmarking. +j) Factors such as obsolescence/ Redundancy, Freight & Insurance, Profit & +Warranty, etc. may be factored in while arriving at benchmark price. +k) Taxes and duties may not be factored while benchmarking. +l) In case of DPSUs , the parameters of cost as per Pricing Policy or Govt. of India +letters, if any, may be factored-in while arriving at benchmark price. +8.9 ADOPT ION OF DISCOUNTED CASH FLOW (DCF) TECHNIQUE : +The DCF is a method of evaluation by which cash flow of the future are discounted to +current levels by the application of a discount rate with a view to reducing all cash +flows to a common denomination and make comparison. +8.9.1 The DCF procedure is to reduce both cash in-flows and out-flows into Net Present \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_67.txt b/new_scrap/PM-2020.pdf_chunk_67.txt new file mode 100644 index 0000000..67a9f0f --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_67.txt @@ -0,0 +1,75 @@ +119 + Values (NPV) through a more scientific and reliable method. The use of NPV analysis +is based on the concept of time value of money. Money has a time value because of +the opportunity to earn interest or the cost of paying interest on borrowed capital. This +means that a sum to be paid today is worth more than a sum to be paid in a future time. +The cash out-flows/in-flows and the average cost of capital i.e., cost of borrowing +becomes an important constituent in evaluation process. The following formula is to be +used for calculating NPV of a bid: +𝑁𝑃𝑉 = 𝐴𝑛 +(1 +𝑖)𝑡 +𝑛 +Where +NPV = Net Present Value +An = Expected cost flow for the period mentioned by the subscript +i = Rate of Interest or discount factor +t = Period after which payment is to be made +n = Payment schedule as per the payment terms and conditions +When comparing the various bids based on NPV analysis, the bid with the lowest NPV +should be declared as L1. +8.9.2 Steps involved in NPV : The application of NPV analysis in defence procurement +would involve the following five steps: +a) Step 1: Selection of the discount rate +b) Step 2: Identifying the cash outflows +c) Step 3: Establishing the timing of the cash outflow +d) Step 4: Calculating the NPV of each alternative +e) Step 5: Selecting the offer with the least NPV +8.9.3 Example: In response to a RFP, two bidders have quoted different prices and payment +terms as per the details given underneath: + Quoted +Price Payment Plan +T0 + 1 T0 + 6 T0 + 7 T0 + 9 T0 + 12 +Bidder (1) 102 10% 20% - 30% 40% +Bidder (2) 100 30% - 40% - 30% + +Here T 0 is Contract Effective Date (C ED); Let the rate of interest be 12%. 120 + Then as per the formula given above, NPV of Bidder (1) is: +𝑁𝑃𝑉 =(102 ×10/100) +(1 + 12/100)1/12+ (102 ×20/100) +(1 + 12/100 )6/12+ 102 ×30/100 +(1 + 12/100)9/12+ (102 ×40/100 ) +(1 + 12/100)12/12 +=93.92 +and NPV of Bidder (2) is: +𝑁𝑃𝑉 =(100 ×30/100) +(1 + 12/100)1/12+ (100 ×40/100) +(1 + 12/100 )7/12+ 100 ×30/100 +(1 + 12/100)12/12=93.94 +So Bidder (1) is L1. +8.9.4 Discounting Rate: Discounting rate to be used under the DCF technique is MCLR +(Marginal Cost of Funds based Lending Rate) declared by RBI pertaining to SBI for the +latest month of the year. +8.9.5 Method for structuring cash flows : A suitable model for structuring cash flows for +bids is as under: +a) The first step would be to exclude the unknown variables like escalation factors etc +while determining the cash flows. +b) Thereafter the cash out flow as per the price bids of different biddders should be +taken into consideration and where the cash out flows are not available in the bids, +the same should be obtained from the respective bidders. Where bids are received +in different currencies/ combination of currencies, the cash o utflow will be brought +to a common denomination in rupees by adopting exchange rate (BC selling rate of +SBI) as on the date of opening of price bids. +c) Once the outflows of different bids become available, NPV of different bids to be +calculated using the formula given above and the one with the lowest NPV is to be +selected. +8.9.6 When the DCF is to be used : The alternative with the smallest payment of NPV in the +procurement is the obvious choice. The DCF may be made use of to facilitate +determination of L1 in following procurement situations: +a) To compare different payment terms of the bidders to a common denomination for +determining L1 status. +b) To deal with the cases where entering into AMC over a period of more than one +year is part of the contract for evaluating L1 status. Determination of L1 by merely +adding the arithmetic values spread over a long period of time would be an +incorrect procedure for determining L1 and the correct procedure would be to +reduce cash out flows into present values through the DCF technique, for which the +discount rate to be adopted should form part of the RFP. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_68.txt b/new_scrap/PM-2020.pdf_chunk_68.txt new file mode 100644 index 0000000..3d02891 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_68.txt @@ -0,0 +1,53 @@ +121 + 8.10 ANALYSIS OF OFFERS FROM FOREIGN BIDDERS : +Apart from the parameters enumerated earlier in this Chapter regarding analysis, cost +break up and price indices wherever feasible, efforts should be made to analyze: +a) The price fixation procedure/ methodology prevailing in the country of the bidder. +b) The prices of similar products, systems and subsystems wherever available +should be referred. The database maintained in the respective division connected +with the procurement of such type of stores should be accessed. +8.10.1 The foreign bidder may be asked to provide the details of past supplies and contract +rates, if any, of similar kind of product to other Buyers. +8.11 TRANSPARENCY IN ASSESSMENT PROCESS : +Assessment of reasonableness of price is an arduous task, especially where price data +is not available or in case of overseas purchases. In such cases, it is important to +place on record efforts made for arriving at the acceptable price and taking the +procurement decision. + + + + + + 122 + 9 CHAPTER 9 +EXPENDITURE SANCTION AND ISSUE OF SUPPLY ORDER/ CONTRACT +9.1 EXPENDITURE SANCTION: +As per Rule 22 of GFR- 2017, no authority may incur any expenditure or enter into any +liability involving expenditure or transfer of moneys for investment or deposit from +Govt. account unless the same has been sanctioned by a competent authority. +Expenditure Sanction is a written authority from the CFA authorizing expenditure to be +incurred on procurement. It invariably indicates a reference to the authority/ delegation +under which expenditure is being sanctioned, the financial implications, the purpose of +expenditure, relevant budget heads and code heads for booking of expenditure. The +CFA for the expenditure is determined on the basis of the total expenditure inclusive of +all taxes & duties and all incidental charges i.e. cost to the Buyer. However taxes and +duties will be paid to the Seller at actuals on production of relevant documentary +evidence. It will be clearly mentioned in the S.O/ Contract that the applicable taxes and +duties will be paid separately at actuals. Amendment to expenditure sanction of +contracts on account of changes in statutory levies would be approved by the +competent authority as per para 10.5.2(c). +9.1.1 The essential elements that need to be shown in a letter conveying expenditure +sanction are as under: +a) Reference of Government Authority/ Letter and Schedule/ Sub-Schedule of +delegation of financial powers under which the sanction/ approval is being +accorded. +b) Description of store(s)/ service(s) and quantity +c) Sanction will indicate basic cost and applicable taxes and duties separately. +Applicable taxes and duties would be paid at actuals against documentary +evidence. +d) Name of the Seller +e) Category of procurement - whether for Project/ Build- up/ Maintenance +f) Source of funding +g) Nature of procurement - whether Revenue/ Capital along with details of Major +Head, Minor Head, Sub Head, Code No. and Unit Code (as mentioned in the +Defence Services Classification Hand Book, as amended) \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_69.txt b/new_scrap/PM-2020.pdf_chunk_69.txt new file mode 100644 index 0000000..13d380c --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_69.txt @@ -0,0 +1,68 @@ +123 + h) Details of approval of CFA to be provided (Approval of CFA obtained vide Note +Number___________ dated_____ in file number________) in case sanction is +communicated on behalf of CFA by an authorised officer +i) UO Number allotted by Integrated F inance (when the CFA‟s delegated powers are +being exercised with financial concurrence) or in case of disagreement with finance +(refer para 1.9 of this Manual), a copy of relevant noting of Financial Advisors & +CFAs to be endorsed +j) Unique Sanction Code (USC) as per the guidelines issued by DFMM, DRDO HQ +9.1.2 Cases where separate expenditure sanction is not required : In cases where +Expenditure Sanction by the CFA has been accorded on not exceeding basis along +with the project sanction or at the time of demand approval in accordance with para +4.10 of this Manual, fresh expenditure sanction will not be required subject to +compliance of conditions mentioned therein. +9.1.3 Availability of Funds : A procurement proposal can normally be processed for demand +approval and expenditure sanction up to the stage of placement of supply +order/contract subject to availability of funds by the budget holder. Prior to placement of +supply order/ contract, confirmation of availability of funds in the current financial year +as per scheduled cash out-go would be ensured by the Lab/Estt. In case of cash out-go +in the subsequent financial year(s), availability of funds in the respective financial +year(s) would be ensured. +9.1.4 Procedure for obtaining expenditure sanction : Prior approval of the competent +authority would be required to admit deviations, if any, from the purchase procedure in +vogue before seeking expenditure sanction of the CFA. Expenditure sanction from +CFA, on file, would be obtained as per following procedure: +a) Cases falling within delegated financial powers of Project Director/ Program +Director/ Director/ DG (Cluster): The procurement file containing all the relevant +papers like demand approval, RFP, TCEC report, CSB (non- CNC cases) & CNC +minutes ( CNC cases) and waivers sought, if any, will be put up to the CFA for +sanction as per delegated financial powers. +b) Cases falling beyond delegated financial powers of DG (Cluster): The proposal +will be submitted to DFMM/ DRDO HQ for obtaining expenditure sanction of the +CFA. A copy of demand approval, RFP, TCEC report, CNC minutes and waivers +sought, if any, will be enclosed along with the proposal. +c) Cases with Financially Empowered Boards: The procurement file containing all 124 + the relevant papers like demand approval, RFP, TCEC report, CNC minutes and +waivers sought, if any, will be put up to the appropriate board for expenditure +sanction as per the delegation of financial powers. Cases beyond financial powers +of Apex Board will be referred along with recommendations of Apex Board for +approval of the CFA. +9.1.5 All sanctions accorded on file will be followed by issue of an order conveying +expenditure sanction giving details as per para 9.1.1 of this Manual and copy shall be +endorsed to the paying authority and concerned office of DGADS. +9.1.6 All CFAs shall maintain sequential details of all expenditure sanctions issued by them. +A monthly statement of all expenditure sanctions accorded under Stores (Capital) and +Stores (Revenue) Budget Head would be submitted by Lab/Estt. along with anticipated +cash outgo to DFMM , DRDO HQ. +9.1.7 Ex-post -Facto Financial Concurrence : There is no provision under the delegated +financial powers to obtain ex-post-facto concurrence of Integrated Finance. Cases +where concurrence of Integrated Finance is not obtained, prior to issue of expenditure +sanction, though required as per the delegation of financial powers, would be treated as +cases of breach of rules and regulations and referred to the next higher CFA for +regularization. Such regularization will be subject to concurrence of IFA to the next +higher CFA. +9.1.8 Ex-post Facto Approval/ Sanction of the CFA : Where a proposal is approved, with or +without the concurrence of Integrated Finance, by an authority not competent to +sanction that proposal as per the delegation of financial powers, ex-post-facto sanction +may be accorded by the appropriate CFA (as per delegation of financial powers) with or +without the concurrence of the Integrated Finance, as the case may be, as per +delegation of financial powers. +9.2 PREPARATION OF SUPPLY ORDER: +9.2.1 The following details will be incorporated in the supply order: +a) Supply order number and date. +b) Reference(s) & date(s) of bidder‟s quotation and revised offer submitted at the time +of CNC meeting, as applicable. +c) Description of items/stores with detailed specifications including model no., part +no., make, brand etc. +d) Quantity required and the accounting unit. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_7.txt b/new_scrap/PM-2020.pdf_chunk_7.txt new file mode 100644 index 0000000..af804ab --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_7.txt @@ -0,0 +1,64 @@ +15.4 +15.5 +15.6 +15.7 +15.8 +15.9 +15.10 +15. 11 +1,5.L2 +15. 13 +L5.T4 +15.15 +15. 16 +T5.L7 +CHAPTER 15 +1,6.r +16.2 +16.3 +16.4 +16.5 +16.6 +16.7 +16.8 +16.9TYPES OF ITEMS SUITABLE FOR ENTERING INTO RC/PA +ADVANTAGES OF RC:.. +GUIDELINES FOR ENTERING !NTO RC: .. +cFA DETERMINATION FOR ENTERING INTO RC/ PA: . +PERIOD OF RC/PA:. +cFA APPROVAL FOR SIGNING RC/PA:..PROCESS OF CONCLUDING RC/PA:... ........175.. r73 +.. L74 +174 +175 +175 +. L76 +SCRUTTNY AND APPROVAL OF RC/PA:.... +PARALLE L RC: +SPECIAL CONDITIONS APPLICABLE FOR RC/ PA: . +PERFORMANCE SECU RITY / WannANry BON D +PLACEM ENT OF SO AGAINST RC/PA +RENEWAL AND EXTENSION OF RC/PA:...... +TERMTNATTON AND REVOCATTON OF RC/ PA +GENERAL: +DOCUMENTS TO BE ENCLOSED FOR CLAIMING PAYMENT: +PROCESSING OF BILLS: +LOST/ MISPLACED CHEQUES AND ISSUE OF FRESH CHEQUES +PREPARATION OF CRV:. +TAX DEDUCTED AT SOURCE (TDS): +MONTHLY EXPENDITURE REPORT (MER) TO PAYING AUTHORITY: +EXPENDITURE MANAGEMENT UNDER SANCTIONED PROJECTS: ........ +MONTHLY EXPENDITURE REPORT (MER) TO DRDO HQ:176176 +!78 +179 +180 +180 +180 +TB2 +184 +185 +185 +185 +185 +186. 178 +... 178 +(vii)(viii) \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_70.txt b/new_scrap/PM-2020.pdf_chunk_70.txt new file mode 100644 index 0000000..e0b80be --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_70.txt @@ -0,0 +1,58 @@ +125 + e) Currencies and rates both in figures and words. +f) Total number of items and their aggregate value shown below the list of items. +g) Delivery date to be specified clearly with reference to the date of supply order. +h) Payment terms. +i) Payment of taxes and duties: It will be clearly mentioned in the supply order that +taxes and duties will be paid at actuals on production of relevant documentary +proof if already deposited or a self certification from the Seller that taxes received +under the contract would be deposited to the concerned taxation authorities. . +j) Standard terms and conditions of the RFP. +k) Details of FIM to be issued along with their time schedule. +l) Special terms and conditions as mutually agreed. +m) Orders will be signed for and on behalf of „President of India‟ by an officer +specifically authorised. +9.2.2 MMG will prepare Supply Order and acknowledgement as per DRDO.SO.01 and +DRDO.SO.02 respectively. Form given at DRDO.SO.03 will be used to prepare +Contracts.. Information regarding S eller‟s bank account details along with IFS Code of +receiving branch of bank will be reflected in the SO/ Contract to facilitate e-payment. +9.2.3 Scrutiny of Supply Order : Supply order/ Contract may be referred to the user group/ +Finance for scrutiny. +9.2.4 Distribution of Supply Order/ Contra ct: In case of SO, a minimum of four ink signed +copies and in case of Contract a minimum of three ink signed copies will be prepared. +Distribution of SO/ Contract will be as follows: +a) Seller – +(i) In case of supply order: 2 copies with markings as “Original t o be +Acknowledged & Return” and “Original to be Retained” ( both ink-signed +copies ) with a request to return the one marked as “Original to be +Acknowledged and Return” for settlement of bills +(ii) In case of contract: 1 copy ( ink-signed ) +b) Paying Authority (Local CDA (R&D) ) – 1 copy ( ink-signed ) +c) Demanding officer – 1 copy +d) Stores Movement Control Div. (Receipt & Dispatch Section) – 1 copy 126 + e) Bill Payment Section – 1 copy +f) Case file – 1 copy ( ink-signed ) +9.2.5 Dispatch of Supply Order/Contract : The SO/ Contract will be signed only after +obtaining expenditure sanction by the CFA and dispatched to the Seller along with +required number of blank bill forms. Lab/Estt will ensure receipt of BGs of appropriate +value and validity . Copy of the SO/ Contract will invariably be hosted on the website of +DRDO and CPP portal for procurements on OBM basis or where RFP was hosted on +the website/ CPP Portal. +9.3 ORDER ACCEPTANCE: +9.3.1 Acceptance of SO : A supply order is not signed by both parties, namely the Buyer and +the Seller. It becomes a deemed contract and comes into force with acceptance of the +bid as per mutually agreed terms & conditions contained in the RFP and the firm‟s offer. +The firm should check the supply order and convey acceptance of the same within +seven days o f its receipt. If such an acceptance or communication conveying firm‟s +objection to certain parts of the supply order is not received within the stipulated period, +the supply order is deemed to have been fully accepted by the firm. +9.3.2 Acceptance of Contract : In case of contract, both parties sign the document thus +conveying their acceptance. In such cases, there is no requirement of +acknowledgement receipt. +9.4 POST CONTRACTUAL OBLIGATIONS: +MMG/ User Group will monitor the progress of supply order/ contract specifically +related to the validity of BGs given by the firm, the stage payments, delivery period, +issue of duty exemption certificates, stages of inspection and design reviews as +envisaged. + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_71.txt b/new_scrap/PM-2020.pdf_chunk_71.txt new file mode 100644 index 0000000..748a757 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_71.txt @@ -0,0 +1,56 @@ +127 + 10 CHAPTER 10 +POST CONTRACT MANAGEMENT +10.1 GENERAL: +Lab/Estt will mainta in a „Progress Register‟ or „ Electronic Database ‟ wherein the details +of all supply orders/ contracts will be sequentially entered. Such registers/ records will +be updated with stages of progress of supply orders/ contracts relating to +amendments, if any, stage/ part payments, delivery details, payment details etc. +10.2 SUPPLY ORDER/ CONTRACT MONITORING : +The supply order/ contract monitoring will be carried out by user group/ Contract +Monitoring Committee (CMC)/ Progress Review Committee (PRC), if constituted +specifically, and MMG. +a) Aspects to be monitored by the user group: +(i) Drawings submission/approval +(ii) Design reviews +(iii) FIM +(iv) Testing of components/ Pre-Delivery Inspection (PDI) +(v) Site preparation for installation & commissioning etc. +b) Aspects to be monitored by MMG : +(i) Continued validity of all BGs/ indemnity bonds +(ii) Submission of details of design reviews +(iii) Insurance for FIM and its continued validity +(iv) Issue of CDEC/ GST Exemption Certificate +(v) Delivery schedule +(vi) Timely information for inspection +(vii) Requirement related to freight forwarder +(viii) Feedback etc. + 128 + 10.3 ROLE OF CMC/ PRC: +A CMC/ PRC may be constituted by the Director of the Lab/Estt, with members from +MMG and user group. CMC/ PRC will monitor the overall progress of the supply order/ +contract and submit its recommendations for the remedial measures to be taken, +where required . +10.4 RESPONSIBILITY OF USER GROUP: +In cases where obligation of supply order/ contract requires design reviews (PDR/ +CDR), site preparation for installation/ commissioning, readiness of FIM for issue, +timely inspection for quality clearances etc. are involved, the user group will ensure +completion of such activities as per the schedule provided in the contract/ supply order. +10.5 AMENDMENT TO SUPPLY ORDER/ CONTRACT: +Amendments to supply order/ contract will be issued in writing in under-mentioned +circumstances with the approval of appropriate authority. +10.5.1 Rectification of typographical errors : The approval of Project Director/ Program +Director/ Director (Lab/Estt.) would be obtained on file for rectifying the typographical +errors made in the SO/ Contract at the time of issuing SO/ Contract. +10.5.2 Arising without any change in scope of work : There would not be any requirement +of holding CNC to review the proposed amendments such as revision of DP; limiting/ +waiving of LD; admissibility of change in statutory levies/ taxes & duties; revision in +minimum wages, FE rate variation, change in item description/part number, part +shipment/transshipment/lot size without affecting DP and terms of payment, delivery +terms/consignee etc. +a) For DP extension ( including ex -post -facto) with imposition of LD: The +competent authority for according such approval for procurement cases covered +under Appendix A and Appendix B of DFP is given below . The se DP extensions +would not require concurrence of Finance . Where DP extension is for a +procurement relating to a Project/Programme, extended DP would have to be +limited to sanctioned Project/Programme completion date. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_72.txt b/new_scrap/PM-2020.pdf_chunk_72.txt new file mode 100644 index 0000000..d6599c9 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_72.txt @@ -0,0 +1,69 @@ +129 + (i) Project Director would accord DP extension up to 12 months for all cases +where CFA is up to the level of MoD and full powers for cases within their +delegated financial powers . +(ii) Programme Director/ Director Lab/Estt would accord DP extension up to 24 +months for all cases where CFA is up to the level of MoD and full powers for +cases within their delegated financial powers . +(iii) DG (Cluster) concerned would accord DP extension for all cases where CFA +is up to the level of MoD irrespective of time lines. +b) DP extension (including ex- post -facto) with waiver of full/ partial LD : . The +competent authority for according such approval for procurement cases covered +under Appendix A and Appendix B of DFP is given below. Concurrence of Finance +would be obtained wherever the procurement case was originally sanctioned with +concurrence of Finance. Where DP extension is for a procurement relating to a +Project/Programme, extended DP would have to be limited to sanctioned +Project/Programme completion date. +(i) Project Director and Prog. Director would accord DP extension for all cases +within their delegated financial powers irrespective of timelines. +(ii) PJB/Director Lab/Estt would accord DP extension up to 12 months for all cases +where CFA is up to the level of MoD and full powers for cases within their +delegated financial powers irrespective of timelines. +(iii) PMB/ DG (Cluster) concerned would accord DP extension up to 24 months for +all cases where CFA is up to the level of MoD and full powers for cases within +their delegated financial powers irrespective of timelines . +(iv) Apex Board/ Secretary DD (R&D) to be empowered with full powers to accord DP +extension irrespective of timelines . +c) Revision of Supply Order / Expenditure Sanction on account of Statutory +changes such as taxation structure / rates, minimum wages and FE rate +variation : Project Director/ Programme Director/ Director (Lab/Estt) would accord +the approval and issue amendment to the Expenditure Sanction and Supply +Order/Contract ( irrespective of cost of the contract ) on account of any statutory +changes such as taxes/ levies or revision in minimum wages as per labor laws or +additional cash out go on account of FE rate variation. Such approval would +require the concurrence of associated finance, if applicable. The responsibility of +working out the revised amount and correctness thereof will rest with Head MMG 130 + d) Change in item description/part number, part shipment/transshipment/lot +size without affecting DP and terms of payment, delivery terms/consignee : +The Competent Authority to accord such approvals would be as under: +(i) In respect of Contracts for which CFA is up to level of DG Cluster : CFA‟s +concerned with the concurrence of their associated Finance will accord the +approvals . +(ii) In respect of Contracts for which CFA is MoD : Director General concerned +with the concurren ce of their associated Financial Adviser will accord the +approvals. +10.5.3 Revision of Supply Order / Expenditure Sanction on account of ‘Growth of Work’ +for Repair/Maintenance Contracts : Revision in cost on account of Growth of Work +would be on pro-rata basis. Competent authority to accord the approval and issue +amendment to the Expenditure Sanction and Supply Order/Contract ( irrespective of +cost of the contract ) on account of growth of work would be as under, provided +approval of „Growth of Work‟ was obtained from CFA at time of demand +approval/expenditure sanction: +a) Up to 15% of original contract value –Project Dir/Programme Dir/Dir Lab/Estt. +Financial concurrence would not be required in such cases. +b) Beyond 15% of original contract value – CFA on cumulative basis as per delegation +of financial powers. Concurrence of associated finance would be obtained. +10.5.4 Arising due to change in scope of work : The proposal with due justification for +amending the SO/ Contract will be submitted on file to the CFA for approval. CFA may +consider constituting a committee to consider changes in Scope of Work and resultant +time & cost implications. Concurrence of financial advisor of CFA will be obtained as +per the delegation of financial powers. For procurements where CFA is higher than the +Secretary DD (R&D), Hon‟ble RM will approve the constitution of the said committee. +10.5.5 Acceptance of Excess or Short Deliveries : There may be occasions when excess or +short supplies are made by the Sellers due to various reasons like, exact multiples of +the standard units of measure, or where it is difficult to mention exact quantity (e.g. +weight in the case of steel plates, raw materials, consumables etc.). Wherever such +variation is anticipated, a provision should be made in the RFP for acceptance of the +excess/ shortfall in supplies and a clause on it shall form a part of SO/ Contract. +However, in the absence of such clauses in the SO/ Contract, the variations in supplies +may be accepted with the approval of CFA subject to the value of such excess/short \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_73.txt b/new_scrap/PM-2020.pdf_chunk_73.txt new file mode 100644 index 0000000..1cc0012 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_73.txt @@ -0,0 +1,67 @@ +131 + supplies up to 10% (ten percent) of the original value of the contract. CFA will be +determined with reference to the value of the original order plus excess supply. There +would not be any requirement of holding CNC to review such acceptance of excess/ +short supply. +10.6 DENIAL CLAUSE: +Variations in the rates of statutory levies within the original delivery schedule will be +allowed if taxes are explicitly mentioned in the contract/ supply order and delivery has +not been made till the revision of the statutory levies. Buyer reserves the right not to +reimburse the enhancement of cost due to increase in statutory levies beyond the +original delivery period of the supply order/ contract even if such extension is granted +without imposition of LD. +10.7 DELIVERY PERIOD (DP): +Timely delivery as per the DP stipulated in the supply order/ contract is one of the most +important procurement objectives. The stores/services are considered to have been +delivered/ completed only when the contractual obligations of Seller as stated in the +supply order/ contract, except the ones related to post acceptance, have been fully +met. +10.7.1 Failure to deliver within the DP : When the supplies/ services do not materialize within +the stipulated contract delivery date, the Buyer has the following options: +a) Extension of DP : Extend DP, if need persists, with/without imposition of LD and +denial clause in accordance with para 10.8 and 10.6 of this Manual respectively. +b) Re-fixing of DP: DP may be re-fixed, in the under-mentioned circumstances, with +the approval of CFA and the concurrence of financial advisor. Such re-fixation of +DP will always be without imposition of LD. +(i) Cases where delay is attributable to the Lab/Estt for whatever reasons. +(ii) Where product realization is dependent on approval of advance samples +and delay occurs in approving the samples even though submitted in time. +(iii) Cases where the entire production is controlled by the Government. +c) Canceling the contract in accordance with para 10.15 of this Manual. Lab/Estt. may +consi der purchasing the non-supplied quantity afresh if need persists. +10.7.2 Guidelines for the Extension of DP : Amendments affecting delivery period will not be +made as a matter of routine. In exceptional cases, where Seller has asked for revision 132 + of delivery period justifying with sufficient reasons, approval of appropriate authority for +revision of DP will be obtained before communicating such extension to the Seller. +Normally, all DP extensions will be accorded with imposition of LD and denial of any +enhancement in statutory levies that takes place beyond the original DP. However, the +case may be examined on merit for limiting/ waiving off the LD in terms of para 10.8.2 +of this Manual when due justification exists. While extending the DP, ruling on +imposition of LD, interest on advances paid and admissibility or otherwise of +enhancement of statutory levies during the extended period, will invariably be +mentioned in the DP extension letter. Normally, t he Seller shall formally apply for +extension of delivery date prior to expiry of date stipulated in the supply order/ contract +justifying the reasons for not adhering to the specified date of delivery. Action for +extension of delivery date at the request of the Seller will be considered taking the +following factors into account: +a) Urgency of the requirement and whether delay involved has or will cause +any loss or inconvenience to the Lab/Estt. +b) It is to be ensured that all applicable BGs are revalidated to cover the +proposed extension. +c) Whether difficulties informed by the Seller are justifiable and the Seller has +made all efforts to carry out their contractual obligation in time. +d) In case of project requirements, the revised DP falls well within the PDC of +the project. +e) No delivery period extension is required to complete inspection if stores are +delivered within stipulated DP and accepted without any quantity or quality +claim. +f) All DP extension should normally be approved before the expiry of +stipulated delivery schedule, to obviate the need for ex-post-facto sanction. +g) In case of DP extension due to default of the Seller, the interest-free +advance paid would become interest-bearing as per para 6.44.2 (e) (iii) and +7.3.9 (c) of this Manual. +h) Price increase due to revision of statutory levies, exchange rate variation, +upward revision of price of Government controlled stores etc. will not be +admissible during the extended delivery period except when delays are +attributable to Labs/Estts to fulfill their contractual obligations or in case of +force majeure or in cases where delay is beyond control of the Seller which \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_74.txt b/new_scrap/PM-2020.pdf_chunk_74.txt new file mode 100644 index 0000000..7b2402b --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_74.txt @@ -0,0 +1,70 @@ +133 + is verifiable. +i) DP extension will be approved without prejudice to the right of the Lab/Estt +to impose LD (para 10.8.2 of this Manual ) depending upon the merit of the +case. +10.7.3 The letter of DP extension must cover the salient points as per the provisions of para +10.7.2 of this Manual. +10.8 LIQUIDATED DAMAGES (LD): +10.8.1 Quantum of LD : Depending on the merit of the case, quantum of LD to be charged +shall be 0.5% per week or part thereof, of the basic cost (excluding taxes & duties on +final product) of the delayed stores which the Seller has failed to deliver within the +period agreed for delivery in the contract subject to maximum of 10% of the total order +value. In cases where partial delivery does not help in achieving the objective of the +contract, LD shall also be levied on the total cost (excluding taxes & duties on final +product) of the ordered quantity delivered by the vendor. This will also include the +stores supplied within the delivery period. However, for development contracts the rate +of imposition of LD would be @ 0.25% per week or part thereof subject to maximum of +10% of the total order value. +10.8.2 Guide lines for imposing/ waiving off LD : Constructive assessment of reasons +contributing to delayed delivery and assessment of maximum LD will be done in terms +of preceding para. The following guidelines would be kept in mind while taking decision +for imposition/ waiving off LD: +No. Circumstances Quantum of LD +1 When the delay in supplies is totally +attributable to the Seller Full LD may be imposed in +accordance with para 10.8.1 of +this Manual +2 When the delay in supplies is partly +attributable to the Seller LD for the period for which the +Seller was responsible for the +delay in accordance with para +10.8.1 of this Manual +3 The entire delay was attributed to the +Lab/Estt or the delay was due to +circumstances beyond the control of +the Seller which is verifiable LD may be waived in full 134 + 10.9 OPTION CLAUSE: +The purchaser retains the right to place orders for additional quantity up to a +maximum of 50% of the originally contracted quantity at the same rate and terms of +the contract. Such an option is available during the original period of contract provided +this clause has been incorporated in the original contract with the supplier. Option +quantity during extended DP is limited to 50% of balance quantity after original Delivery +Period. +10.9.1 Conditions Governing Option Clause : The conditions governed by Option clause are +as under: +a) Option clause can be exercised with the approval of CFA under whose powers total +value of supplies of original contract plus 50% option clause falls. This option is +normally exercised only when there is no downward trend in prices as ascertained +through market intelligence. CVC have also reiterated the need to look at the +downward trend before exercising option clause. +b) In case of single vendor OEM, option clause should be normally operated up to +50% subject to there being no downward trend. However, in multi vendor contracts, +great care should be exercised before operating option clause up to 50%. +c) In case provision of option clause has been opted up to a maximum of 50% of the +originally contracted quantity, repeat order option will not be applicable . +d) Option clause would not be invoked for the quantity where the total value of +supplies of original ordered quantity plus option clause quantity requires convening +of CNC in non-CNC cases. +10.9.2 CFA for Option Clause : CFA for the sanction of placement of order under option +clause would be decided by taking the values of original order & all subsequent orders +under option clause into consideration. Concurrence of Financial Advisor would be +obtained as per the delegation of financial powers. +10.10 TRANSIT INSURANCE COVERAGE: +10.10.1 Indigenous Procurement : Normally, all procurements from the indigenous sources +are made on FOR (destination) basis and, therefore, do not require transit insurance. +Procurements costing above Rs. 2.5 crore, with delivery term other than FOR +(destination) will be insured. For procurements costing up to Rs. 2.5 crore, with delivery +term other than FOR (destination), Director will use their discretion to decide whether +the stores need to be insured or not. It is advised to invariably take insurance for the +sensitive/ delicate/ fragile/ equipment/ machinery and scientific instruments where \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_75.txt b/new_scrap/PM-2020.pdf_chunk_75.txt new file mode 100644 index 0000000..8372c95 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_75.txt @@ -0,0 +1,66 @@ +135 + probability of loss or damage is considered high . Whenever it is decided to insure the +stores, such insurance would be taken through a nationalized insurance agency or their +subsidiaries against loss or damage in transit. Insurance cover will invariably be +obtained from the insurance agency before dispatch of the consignment by the Seller . +10.10.2 Import : In case of procurement from foreign sources all consignments, on Ex-Works/ +FAS/ FCA/ FOB/ CPT/ CFR basis, shall invariably be insured. +10.11 REPEAT ORDER (RO) CLAUSE: +10.11.1 Provision for repeat order clause should not be made as a matter of course in the RFPs +as these clauses have an impact on price. RO clause may be provided in the RFP only +in exceptional circumstances, where the consumption pattern is not predictable. Under +this clause, the Buyer retains the right to place orders for additional quantity up to a +maximum of 50%, including order placed under Option Clause, of the originally +contracted quantity at the same rate and terms of the supply order/ contract . +10.11.2 Conditions Governing RO : If a demand is received for an item or items previously +ordered by Labs/Estts or other DRDO Labs/Estts or other Government scientific re- +search institutions, repeat order may be placed without fresh tendering/negotiations , +even if R.O clause is not mentioned in the Original S.O provided that : +a) Items ordered have been delivered successfully. +b) The original order was placed on the basis of lowest price negotiated by TPC/NC +wherever applicable and technically acceptable offer and was not on delivery +preferences. +c) The repeat order is placed within twelve months from the date of supply and only +once by the Lab/Estt, the total quantity to be ordered /purchased on repeat order +does not exceed 50% of original order. However if the original order was for +single quantity, repeat order can be made for the same. +d) The requirement is for stores of identical description/specifications. +e) The supplier‟s willingness to accept the repeat order on the same terms and +conditions as per the original order is obtained, where ever R.O clause is not +mentioned in the Original S.O . +f) The CFA is satisfied that there is no downward trend in the market price of the +item and a clear certificate is appended to that effect if the enquiry is floated +afresh, the expenditure is not likely to be less. 136 + g) The basic cost (excluding taxes & duties) of repeat order does not exceed the +basic cost (excluding taxes & duties) of the original supply order. +h) Quantity discount is sought from the vendor, if applicable. +i) The taxes and duties as applicable on the date of placement of repeat order will +be considered. +j) RO clause would not be invoked for the quantity where the total value of supplies +of original ordered quantity plus RO clause quantity requires convening of CNC in +non- CNC cases. +10.11.3 CFA for the RO : +a) If proposal for RO emanates from the Lab/Estt which has placed the original +order : CFA to be decided on cumulative basis (i.e. original cost, plus cost of ROs +placed, if any, plus cost of the proposal). +b) If proposal for RO emanates from the Lab/Estt. which has not placed the +original order but both the Labs/Estts. are in same cluster : CFA to be decided +on cumulative basis or DG (Cluster), whichever authority is higher. +c) If proposal for RO emanates from the Lab/Estt. which has not placed the +original order and the Labs/Estts are placed in different cluster: Wherever the +cumulative value falls within the financial power delegated to DGs, DG (R&M) would +accord approval. For other cases, CFA would be decided on cumulative basis or +Secretary Defence (R&D) whichever authority is higher. Such cases will be +forwarded to DF MM, DRDO HQrs for necessary action. +10.12 SERVICE CONTRACTS: +Service contracts would be entered to hire external professionals/ service provider s for +specific jobs which are well defined in terms of content (scope) and time frame for its +completion. These contracts would be regulated as per the procedures applicable for +the procurement of stores in this Manual. Signing of contract should be ensured while +hiring of services. The contract should have provision of performance evaluation at +defined periodic interval with the condition that the contract would be terminated +without cost in case of non-satisfactory performance. +10.12.1 Extension of Service Contracts : +Service contracts may be extended with the approval of appropriate CFA at same +terms & conditions/ price (taxes/ statutory levies will be applicable as per the rate +prevailing during the extended period), provided: \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_76.txt b/new_scrap/PM-2020.pdf_chunk_76.txt new file mode 100644 index 0000000..d4ea564 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_76.txt @@ -0,0 +1,65 @@ +137 + a) The performance of the service provider is found satisfactory; and +b) There is no downward trend in the prices; and +c) It is administratively convenient to do so. +d) In non- CNC original order cases, the cumulative value of original contract +and all subsequent extensions including the proposed one does not require +convening of CNC. +10.12.2 Period of Service Contracts : There will be no limitation on duration ( number of years) +for concluding/ extending AMC/ Service Contracts cases and CFA can approve such +cases for any period provided the total value of cases for proposed period falls within +their delegated powers. However, the time frame of the service contract would be +decided on the merit of the case to attract competent service providers. +10.12.3 CFA for the Extension of Service Contract : The CFA for the sanction of the +extension of the service contract would be decided by taking cumulative value of +original contract and all subsequent extensions including the proposed one, i.e., original +cost + cost of extended contract(s), if any, plus cost of the proposal. +10.13 FORCE MAJEURE: +Neither party shall bear responsibility for the complete or partial non-performance of +any of its obligations (except for failure to pay any sum which has become due on +account of receipt of goods under the provisions of the supply order/ contract), if the +non-performance results from such Force Majeure circumstances as Flood, Fire, +Earthquake and other acts of God, as well as War, Military operations, blockade, Acts +or Actions of State Authorities or any other circumstances beyond the control of the +parties that might arise after the conclusion of the supply order/ contract. +10.13.1 Intimation regarding Force Majeure : The party for which it becomes impossible to +meet obligations under this supply order/ contract due to Force Majeure conditions, is +to notify in written form the other party of the beginning and cessation of the above +circumstances immediately, but in any case not later than ten days from the moment of +their beginning. +10.13.2 Certification of Force Majeure : Certificate of a Chamber of Commerce (Commerce +and Industry) or other competent authority or organization of the respective country +shall be a sufficient proof of commencement and cessation of the above circumstances. +10.13.3 Extension of Time : In such circumstances, the time stipulated for the performance of +an obligation under the contract is extended correspondingly for the period of time of 138 + action of these circumstances and their consequences. +10.13.4 Right to Terminate Supply Order/ Contract: If the impossibility to complete or partial +performance of an obligation lasts for more than six months, either party to the supply +order/ contract reserves the right to terminate the supply order/ contract totally or +partially upon giving prior written notice of thirty days to the other party of the intention +to terminate without any liability, other than reimbursement on the terms provided in the +supply order/ contract for the goods received. +10.14 DISPUTES/ ARBITRATION: +All the clauses, terms and conditions of the contract/ supply order will be explicit and +unambiguous to avoid disputes. If case of dispute, the action will be taken in +accordance with the dispute resolution or arbitration clause as incorporated in the +supply order/ contract. +10.15 TERMINATION OF SUPPLY ORDER/ CONTRACT FOR DEFAULT: +10.15.1 The Buyer may, without prejudice to any other remedy for breach of supply order/ +contract, by written notice of default sent to the Seller, terminate the supply order/ +contract in whole or in part if: +a) The Seller fails to deliver any or all of the stores or perform any other obligation +within the time period(s) specified in the supply order/ contract, or any extension +thereof granted by the Lab/Estt. +b) When the Seller is found to have made any false or fraudulent declaration or +statement to get the supply order/ contract or he is found to be indulging in +unethical or unfair trade practices. +c) When the item offered by the Seller repeatedly fails in the inspection and/or the +Seller is not in a position to either rectify the defects or offer items conforming to +the contracted quality standards. +d) When both parties mutually agree to terminate the supply order/ contract. +e) Any special circumstances, which must be recorded to justify the termination of a +supply order/ contract. +f) In pursuance of an award given by a Court of Law. +10.15.2 If the supply order/ contract is terminated in whole or in part; the Lab/Estt may take any +one or more of the following actions: \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_77.txt b/new_scrap/PM-2020.pdf_chunk_77.txt new file mode 100644 index 0000000..7bb2cb4 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_77.txt @@ -0,0 +1,40 @@ +139 + a) Performance Security /Warranty Bond will be forfeited and the amount will be +remitted to Govt. by way of MRO through Public Fund Account in favour of +concerned CDA (R&D); +b) Invoke the risk and expense clause if mentioned in the supply order/ contract. +c) The Seller shall continue to perform the supply order/ contract to the extent not +terminated. +d) Any other action as deemed appropriate. +10.15.3 These provisions at preceding para may be included in all supply order/ contracts. Any +decision on termination/ short closure of the contract/supply order would be taken by +the CFA with concurrence of associated finance, if applicable. +10.16 RISK AND EXPENSE PURCHASE: +10.16.1 Risk and expense purchase clause could be included in the RFP and the supply order/ +contract, if considered necessary. Risk and expense purchase is undertaken by the +Buyer in the event of the Seller failing to honour the contractual obligations within the +stipulated DP and where extension of DP is not approved. While initiating risk purchase +at the cost and expense of the Seller, the Buyer must satisfy himself that the Seller has +failed to deliver and has been given adequate and proper notice to discharge his +obligations. Whenever risk purchase is resorted to, the Seller is liable to pay the +additional amount spent by the Buyer, if any, in procuring the said contracted goods/ +services through a fresh supply order/ contract, i.e. the defaulting Seller has to bear the +excess cost incurred as compared with the amount contracted with him. Factors like +method of recovering such amount should also be considered while taking a decision to +invoke the provision of risk purchase. It may be noted that procurement under Risk & +Expense Clause must be completed within one year from the date of serving notice to +the defaulting Seller. +10.16.2 Alternative remedies to Risk & Expense Purchase Clause : The other remedies +available to the Buyer in the absence of the risk and expense clause are as follows: +a) Deduct the quantitative cost of discrepancy from any of the outstanding payments +of the Seller. +b) Avoid issue of further RFP‟s to the firm till resolution of the discrepancy. +c) Bring up the issue of discrepancy in all meetings with the representative of Seller. +d) Provision for adequate BG to cover such risks. 140 + e) In case of foreign supply order/contract, approach the Government of the S eller‟s +country through the Ministry of Defence, if needed. + + + + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_78.txt b/new_scrap/PM-2020.pdf_chunk_78.txt new file mode 100644 index 0000000..03f6d7f --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_78.txt @@ -0,0 +1,64 @@ +141 + 11 CHAPTER 11 +SPECIAL FEATURES IN PROCUREMENT FROM ABROAD +11.1 GENERAL: +Although, proposals for procurement of goods/ services with likely participation of +foreign bidders will continue to be processed as per the procedure laid down in the +preceding chapters, Labs/Estts are advised to address some special features as +explained in this chapter for such procurements . +11.2 DEMAND PROCESSING, BIDDING, PLACEMENT OF ORDER & MONITORING: +The procedure for demand initiation & approval, RFP & Bid processing, placement of +SO/ Contract and monitoring will be as per the guidelines given in preceding chapters +of this Manual. However, following additional aspects need to be considered where +participation of foreign bidders is anticipated. +11.2.1 Foreign bidders will be asked to quote CIF/CIP cost up to a specified place of delivery +in addition to the FOB/ FCA (gateway) cost. It would also be clarified that +a) CIF/CIP cost is for the purpose of bid evaluation and the Buyer reserves the right +to place order on either FOB/FCA (gateway) or CIF/CIP (destination) basis; and +b) If the CIF/CIP cost is not indicated, their bid will be loaded by 10% of FOB/FCA +cost to arrive at the price for the purpose of bid evaluation. +11.2.2 In case the legislation of a country does not permit the OEMs and/or other vendors/ +bidders to respond directly, RFP may be issued to the designated agency in that +country. +11.2.3 Copy of the RFP under open bidding mode may be forwarded to prospective +Embassies/ High Commissions in India and Indian Embassies/ High Commissions +abroad for wider publicity. The cost of RFP documents will not be insisted upon and left +to the discretion of the respective Embassies/ High Commissions abroad. +11.2.4 Lab/Estt may seek clarifications, if any, on the bids through correspondence/ fax/ e- +mail. +11.2.5 Generally, foreign bidders do not extend the validity of offer , the bid evaluation, etc. +should be done promptly to avoid expiry of quotations and revision of prices. +11.2.6 Handling of Reps of Foreign Firm: In certain cases, bids are received directly from OEM +and they authorize an individual or firm in India to represent them in TCEC or CNC. In 142 + such cases, authorization letter from OEM should be recorded in the minutes of TCEC +or CNC meeting and participant should be referred to/ recorded only as rep authorised +to attend the meeting on behalf of said OEM and not as Indian Agent. Care should be +taken in all such cases that the person authorised to attend the meeting on behalf of +OEM is expected to submit clarifications/ revised bid etc., as the case may be, only in +the original letter head of the OEM. It is re-emphasized that only Indian Agent enlisted +as per para 3.6 of this Manual or 100% subsidiary of OEM in India may submit offer on +behalf of OEM if they have been authorised for the same by the OEM. +11.2.7 In respect of bids received from abroad, it may not be always possible for the foreign +bidders to come for CNC meeting except for high value items. In such cases, CNC may +invite revised best offer with all terms clarified from the lowest bidder through fax/e-mail +before finalizing the price. +11.2.8 The term of delivery should preferably be decided on FCA/FOB (gateway) basis. +However, the Buyer may finalize any other term of delivery on the merit of case as per +the INCOTERMS 2020 issued by International Chamber of Commerce (ICC). +11.2.9 Confirmed LC as a condition of payment should be avoided as it undermines the +credibility of our nationalized banks. +11.2. 10 The nature of services to be rendered by Indian agent of OEM/ foreign Sellers, if any, +and the commission payable to Indian agent shall be explicitly reflected in the supply +order/contract. The commission shall be paid in accordance with para 11.3 of this +Manual . +11.2. 11 CFA will be determined on the basis of 110% of the negotiated cost to cater for basic +customs duty, currency fluctuation, freight and bank charges as applicable. However, +should the expenditure exceed this limit, approval of appropriate CFA will be taken at +actual. +11.2. 12 The letter conveying the expenditure sanction for the foreign procurement should +invariably incorporate the total amount to be paid in foreign currency including +insurance and freight charges as well as mode of payment (through LC or DBT). +11.2. 13 Payments towards training, installation & commissioning and AMC of capital equipment +should be explicitly mentioned in the contract/ SO. +11.2. 14 Supply orders shall include special instructions, if any, governing packing/ forwarding, +insurance, airfreight, transportation, etc. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_79.txt b/new_scrap/PM-2020.pdf_chunk_79.txt new file mode 100644 index 0000000..2189421 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_79.txt @@ -0,0 +1,64 @@ +143 + 11.2. 15 Where Indian/ regional offices of foreign firms are to provide after sales services, such +as installation & commissioning, execution of warranty operations and post-warranty +maintenance etc ., such stipulation will be explicitly mentioned in the terms and +conditions of the supply order/ contract. +11.3 HANDLING OF INDIAN AGENTS: +Where Indian agents quote on behalf of their foreign bidder/ OEM as per their +authorization, they would be required to enlist themselves as per para 3.6.1 of this +Manual. In such cases conditions for appointment of agents by foreign vendors as +mentioned at para 7.2.5 would also be applicable. +11.3.1 The amount of commission payable would be brought on record and made explicit so +as to ensure compliance of tax laws and prevent leakage of foreign exchange. +11.3.2 Commission payable will preferably be paid in Indian rupees in compliance with the +Foreign Exchange Management (Current Account Transactions) Rules, 2000 issued +vide Notification No G.S.R. 381(E) dated 03 May 2000 and the directions issued by +Reserve Bank of India under Foreign Exchange Management Act from time to time. +Where the agency commission is payable directly by the foreign principals/ OEM, an +undertaking would be obtained from the Indian agent to the effect that agency +commission shall be received through inward FFE remittance through banking +channels and will be accepted in Indian rupees only. +11.3.3 The negotiation on amount of commission shall be avoided as it leads to under +reporting of the commission. +11.3.4 TDS, as per prevailing rules, will be deducted from the agency commission payable to +the Indian Agent. +11.3.5 All particulars relating to agency commission will be reported by Lab/Estt to the +Enforcement Directorate (www.enforcementdirectorate.gov.in) . +11.4 INDIAN/ REGIONAL OFFICE OF FOREIGN OEM: +Where regional offices of foreign firms have been authorised and set up within the +country, they will not be treated as agents of the foreign firms and financial dealings +with such regional offices will be restricted to the norms stipulated by the RBI for each +specific case. Such regional offices form integral part of the foreign vendors and their +functions are totally controlled by their corporate office abroad and hence are not +entitled to any agency commission. 144 + 11.5 PROJECTION OF FE REQUIREMENT: +Labs/Estts are required to forward their consolidated requirement of foreign exchange +(FE) to DFMM/ DRDO HQ in the month of February for the next Financial Year ( FY) as +per DRDO.FE.01 . +11.6 FE RELEASE & NOTING +11.6.1 Bulk Release & Noting : Allocation of bulk FE and its noting will be made by DRDO HQ +(DFMM) . This allocation will be made at the beginning of financial year and on as- +required basis. +11.6.2 Item release by Labs/ Estts/ Program : No separate approval/ sanction for FE release +would be required for import procurements. The release of FE will only be noted at the +Budget Cell of the Labs/ Estts. after the expenditure sanction has been concurred by +financial advisor and approved by CFA as per the delegation of financial power. +Payment will be made to the beneficiary as per the terms and conditions of the SO/ +Contract through CDA (R&D)/ Bank concerned. +11.6.3 FE release would be noted on the basis of CIF/CIP cost. It will, therefore, be ensured +that amount paid towards customs, freight and insurance charges are noted against the +foreign exchange allocation even if these are paid in Indian rupees. +11.6.4 FE release would not be noted in excess of bulk allocation in anticipation of additional +release from DRDO HQ. Additional allocations will be sought well in advance from +DFMM to obviate delay. +11.6.5 Lab will ensure availability of funds in rupee in the relevant budget head to cover FE +released on cash outgo basis in the financial year. +11.7 DENOTING/ RENOTING OF FE: +Unutilized bulk FE allocated to the Lab/Estt by DRDO HQ on cash outgo basis for the +financial year will lapse at the end of the financial year. Similarly, unutilized item-wise +financial year release on cash outgo basis for all the cases lapses at the end of the +financial year and needs to be denoted and renoted, if required, in the next FY. +a) Bulk Denoting : Surplus FE available with Lab against bulk allocation may be +denoted by sending a request to DFMM as soon as it is noticed. +b) Item Denoting/ Renoting : All Denoting/ Renoting of the item-wise FE released +against item shall be done at Lab level only. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_8.txt b/new_scrap/PM-2020.pdf_chunk_8.txt new file mode 100644 index 0000000..29cbafe --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_8.txt @@ -0,0 +1,67 @@ +1 + 1 CHAPTER 1 + INTRODUCTION +1.1 ORGANISATIONAL OBJECTIVES AND FUNCTIONS: +The vision of Defence Research & Development Organisation (DRDO) is to empower +India with cutting edge defence technologies. Its mission is to facilitate achievement of +self-reliance in critical technologies, while equipping the Armed Forces with state- of- +the-art equipment, weapon systems and platforms developed in partnership with the +industry, academia and other R&D institutions. DRDO was set up in 1958 with only ten +laboratories and has grown manifold and emerged today as a core defence research +organization with a large network of laboratories and establishments spread across the +country. It has completed many major projects relating to development of strategic & +tactical military hardware and related technologies successfully, which has led DRDO +to win national and global recognition. +1.2 PURPOSE OF MANUAL: +The purpose of this Procurement Manual is to establish the detailed procedure to be +followed in DRDO for procurement of goods and services keeping in view of its +organisation specific requirements. The manual incorporates several policy and +procedural changes that have taken place in the Government since its last issue in +2016, the latest CVC guidelines, and general instructions/notifications containing +directions of the Central Govt. relating to specific industry segments. The aim of th e +manual is to provide a standard reference point for authorities under DRDO for all +procurements for ensuring efficient, economic, transparent, fair and equitable +procedure promoting competition in accordance with the relevant rules and regulations +of the Govt. of India. +1.3 SCOPE OF MANUAL: +a) The manual will be followed for procurement of all kinds of goods/ stores/ +services and development contracts. This procedure will also apply for +acquiring all types of services/ outsourcing of services, job contracts, including +packing, unpacking, preservation, transportation, insurance, delivery, printing +and other services, leasing, technical assessment, consultancy, systems study, +software development, etc. +b) In order to facilitate expeditious installation of equipment/ plant & machinery, +civil works limited to installation of equipment like laying of foundation, electrical +earthing/ fittings and hook-up can be clubbed along with procurement of 2 + equipment. However, for civil works beyond these, MES/ Directorate of Civil +Works & Estates (DCW&E) in DRDO should be consulted. +1.4 EFFECTIVE DATE: +The Procurement Manual - 2020 (PM- 2020) will come into force with effect from the +date specified in the Govt. letter. However, all on-going cases of procurement in which +Request for Proposal (RFP)/ Contract/ Supply Order has already been issued may +continue to be regulated as per the provisions contained in the issued RFP/ Contract/ +Supply Order. +1.5 APPLICABILITY: +The principles and procedures contained in this Manual are to be followed for the +procurement of goods and services by DRDO . +1.6 EXCLUSIONS / NON APPLICABILITY OF THE MANUAL: +a) This document will not be applicable for creation of civil infrastructure. +b) Govt to Govt Agreement / Inter Government Agreement (G2GA/ IGA) : In case of +procurements under long term General/Umbrella contracts/Main Agreements +between the Govt. of India and the Government of the country concerned, provisions +of such contracts/agreements will prevail over similar provision of the DRDO +Procurement Manual in respect of the format of the RFP, quotations, general terms +and conditions, time of submission of quotations, LD clause, etc. Such procurement +will be treated as similar to PAC procurement. +1.7 STANDARD TEMPLATES: +Labs/Estts shall use the templates of Procurement Forms (Materials Management +Forms) as amended, issued separately with the approval of Secretary Defence (R&D) +in consultation with Addl FA (R&D). +1.7.1 Any additional information on procurement forms considered essential for t he local/ +specific needs of the Lab/Estt may, however, be incorporated without affecting the +basic templates. +1.8 REMOVAL OF DOUBTS AND SUGGESTIONS FOR MODIFICATIONS/ +AMENDMENTS: +Where any instance of variance between the provisions of this Manual and other +Government Orders comes to notice or a doubt arises as to the interpretation of any +provision of this Manual, the matter should be referred through proper channel to \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_80.txt b/new_scrap/PM-2020.pdf_chunk_80.txt new file mode 100644 index 0000000..160cc8a --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_80.txt @@ -0,0 +1,66 @@ +145 + 11.8 REPORTING AND MONITORING OF FE: +The status of FE release/ noting made at Lab/Estt level will be reported periodically to +DFMM, DRDO HQ. +11.9 END USE CERTIFICATES: +In case, End Use Certificate (EUC) is demanded by the Seller for getting export +clearance, Labs/Estts will provide the same as per the guidelines issued by Directorate +of International Cooperation (DIC), DRDO HQ from time to time. +11.10 IMPORT CERTIFICATES: +For certain categories of stores, Import Certificate is required to facilitate export by the +Seller from their country. Such certificates will be issued by DIC, DRDO HQ. +Labs/Estts may approach DIC, DRDO HQ for the same. +11.11 PAYMENT TO FOREIGN SELLER: +Payment to foreign Seller is normally made through LC/ DBT as per following +provisions: +11.11.1 The LC for the amount payable will be opened as per the milestone specified in the +order/ contract through the paying authority. In the event of cancellation of a supply +order/ contract due to reasons beyond control of the Lab/Estt, the banking charges +already incurred for opening of LC will be regularized as cash loss as per the +delegation of financial powers. Procedures for payment through LC and DBT are given +in Anne xure ‘A’ of this Manual. Availability of funds will be as per provisions of para +9.1.3 of this Manual. +11.11.2 Advance Payments : Advance payment to a foreign Seller, as per conditions specified +in the order/ contract would be made against proforma invoice and BG/ Standby LC in +favour of the Director of the Lab/Estt, for 110% of advance payment, from a first class +bank. Before payment, Labs/Estts should refer the received BG/ Standby LC to the +State Bank of India to authenticate the status of the bank from which it is given by the +foreign Seller. Format of the BG is given at DRDO.BG.02. +a) Advance payments to Govt. Dept., Govt. research institutions etc. of foreign +countries would be governed as per the terms and conditions of umbrella +agreement, if existing, between the two Governments. +b) The advance payments to the foreign Sellers by Labs/Estts would be subject to +the Rules of the RBI in force on the date of payment. 146 + 11.11.3 Payment of Training, Installation & Commissioning and AMC Charges : Payment +for these services should be released after completion of service preferably through +DBT. +11.12 INSURANCE COVERAGE: +The transit insurance coverage will invariably be taken for all procurements on +Ex-Works/ FCA/ FOB/ CPT/ CFR basis. Air Consolidation Agency (ACA) contract of +DRDO has provision of mandatory insurance cover for all imports. For destinations not +covered under ACA Contract or where Labs/Estts is not using the facility of ACA +contract for whatever reasons, transit insurance coverage will be taken through a +nationalized insurance agency or their subsidiaries for all imports . +11.13 SHIPPING AND AIR-FREIGHTING: +The consignment will be dispatched by the foreign Sellers as per the shipping +instructions contained in the supply order/ contract. +11.13.1 Where the mode of transportation of shipment is by sea, the Lab/Estt will follow the +shipping instructions issued by the Ministry of Shipping & Transport, Parivahan +Bhawan, Sansad Marg, New Delhi – 110 001. +11.13.2 For dispatch of consignments by air, the Labs/Estts will follow the instructions given as +in the ACA Contract concluded by DFMM . +11.13.3 Cases of direct shipment are to be avoided. However in exceptional cases of direct +shipment, the Labs/Estts may make suitable arrangement for completing other +formalities like customs clearance, etc. The services of ACA/ Embarkation HQ may be +availed after finalizing the terms. +11.14 CUSTOMS CLEARANCE: +Government has exempted certain imports made by DRDO from payment of Customs +Duty through notifications issued from time to time. These benefits will be availed by +the Labs/Estts on imports by issuing necessary Custom Duty Exemption Certificates +(CDEC) as per prescribed formats. +11.14.1 Direct Imports : Direct import implies that Lab/Estt is importing directly from foreign +Seller. Every financial year, DRDO HQ may authorize one/more officer(s) not below the +rank of Deputy secretary as nominated by Lab/Estt through a certificate signed by CC +R&D (R) /DG (R&M) to issue CDECs for all direct imports under custom notification +51/96 as amended . In addition, direct import by DRDO Labs/ Estts/Programmes is also +covered under custom notification 39/96 as amended. Govt. may impose custom duty \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_81.txt b/new_scrap/PM-2020.pdf_chunk_81.txt new file mode 100644 index 0000000..0c9e692 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_81.txt @@ -0,0 +1,65 @@ +147 + which needs to be paid in spite of issuing CDEC. Lab/Estt would take suitable action for +the payment of customs duty directly or through clearing agent. +a) Following documents will be required to clear the goods from customs: +(i) Original Bill of Lading duly endorsed by bank and consignee (for ship +consignments), + Or +Original Air Way Bill (AWB) or Bank Release Order (BRO) (for air +consignments), +(ii) Invoice, +(iii) Packing list, +(iv) Copy of supply order/ contract, +(v) Technical write-up and descriptive catalogue/literature, +(vi) CDEC if applicable, and +(vii) Any other relevant documents. +b) On the arrival of cargo or based on the manifest filed by the carrier, the bill of +entry is made by the clearing agency and submitted to the appraiser who will, in +turn assess the Customs Duty, if leviable, or exempt the consignment from duty. +To avail custom duty exemption, it is essential to ensure that the nomenclature/ +description of stores and cost tally with that in invoice to obviate any doubt as +discrepancy may lead to imposition of customs duty. +11.15 DEMURRAGE/ WAREHOUSE CHARGES: +In respect of Demurrage/ Warehouse charges, payment will be made first by Lab/ Estt./ +Embarkation HQ to the concerned appropriate authority without taking concurrence/ +approval of financial advisor/ CFA. The payment will be regularized by sending the +case to the appropriate Financial Advisor/ CFA on a monthly basis for obtaining ex- +post-facto concurrence/ approval. +11.16 REFUND CLAIMS: +If customs duty is paid for any consignment which is otherwise eligible for duty-free +import, the refund claims will be filed with custom authority immediately. All relevant +and supporting documents will be enclosed along with the claim for submission to Asst. +Commissioner of Customs (Refunds) for claiming refunds. +11.16.1 Appeals : Refund claims are filed with the Asst. Commissioner of Customs (Refunds) 148 + with necessary documents. At times claims are rejected for reasons like: +a) Relevant documents not produced by the consignee, +b) Discrepancies exist in the documents produced, +c) Customs Notification under which exemption is claimed is not mentioned or +mentioned inaccurately, and +d) Delay in filing refund claim, etc. +Adequate care should be taken to ensure that customs refund appeals are not rejected +due to procedural lapses. +11.16.2 Appeal to Higher Authorities : If the appeal for claim has been rejected by Astt. +Commissioner of Customs (Refunds), Lab/Estt will file the appeal with the +Commissioner of Customs (Appeals) within mandatory period as decided by Customs +to avoid rejection. If this appeal is also rejected, and Lab/Estt considers the refund +claim should be processed further, an appeal can be filed with Customs Excise & +Service Tax Appellate Tribunal (CESTAT), New Delhi within stipulated time, on +payment of prescribed fees. Generally, the decisions of CESTAT are final and binding. +The appeals can, however, be taken up further with higher authorities in accordance +with procedures described in Customs Manual (http://www.cbec.gov.in). +11.16.3 Labs/Estts will maintain a register for 'Refund Claims for Customs Duty' which will be +updated with the latest progress of each case. Director and Head, MMG of the Lab/Estt +will periodically inspect this register. +11.16.4 Pay-back Demand Notice : All refund claims, which have been passed and refund +issued, undergo scrutiny of Central Revenue Audit. If any discrepancy in the claim is +found during such audit scrutiny, Custom authorities issue Pay Back Notice to the +importer for returning the amount refunded forthwith, along with the reasons for making +such untenable refund claims. In such cases, Lab/Estt will react promptly to sort out +problems. Inept handling of such cases will complicate the situation and may invite +adverse criticism from the higher authorities. +11.17 LOSS/ DAMAGE/ SHORT-LANDING: +Defence consignments are not normally opened by the Customs. If loss/damages are +suspected, a survey can, however, be conducted at the behest of the consignee/ +clearing agent in order to ascertain the loss/damage through a Survey Board duly +constituted by Director. Survey Board will have members from Lab/Estt, clearing agent, \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_82.txt b/new_scrap/PM-2020.pdf_chunk_82.txt new file mode 100644 index 0000000..da1c7a1 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_82.txt @@ -0,0 +1,66 @@ +149 + carriers and insurance company. The board will submit its report within 30 days to the +Lab/Estt and clearing agent. Notice of liability for the loss/damage will be sent to the +Seller/carrier as the case may be, within 14 days of the completion of survey and claim +for the loss/damage/short-landing will be lodged within 120 days from the date o f +Airway Bill/ Bill of Lading. +11.18 INLAND TRANSPORTATIO N: +For air consignments through ACA contract, the consolidation agent will arrange +transportation to the Labs/Estts on prescribed rates as per the prevailing contract. In +case of sea consignments, Lab/Estt may approach Embarkation HQ to arrange for +transportation by rail/road and pay transport charges. Else Lab/Estt will depute a +representative for collection of stores directly from airport/ Embarkation HQ/ port. +11.18.1 It is important that Lab/Estt must obtain Handling Instructions from the Seller, especially +for the heavy/ delicate/ fragile consignments, and ensure its availability to the +Consolidator/ Inland Transporter to ensure safe transportation/ loading –unloading. +11.19 ACCEPTANCE/ ACCOUNTING OF IMPORTED STORES: +The procedure for inspection and acceptance of imported stores will be as per the +terms of the supply order/ contract. +11.20 DOCUMENTS USED IN IMPORT: +Brief description of commonly used documents in import are given below for clear +understanding: +11.20.1 Bill of Lading/ Airway Bill : These documents are evidence of the fact that the goods +have been dispatched by the exporter by sea/air and authorises the consignee/ +importer to claim the goods on arrival in India. +11.20.2 Invoice: The commercial invoice describes the merchandise, indicates the price, +identifies the Buyer and the Seller, vessel/name of the carrier, port of discharge, export +and import permit numbers, etc. +11.20.3 Certificate of Origin : This is required by the Customs authorities for clearance and for +assessment of duty, as duties on imports are country specific. +11.20.4 Weight Certificate: This certificate helps in organizing logistic arrangements for the +carriers and freight forwarders and transporters. +11.20.5 Insurance Policy : It is a contract between the insurer and the insured. The insured +pays a premium and the insurer agrees to indemnify against loss/ damage and other +perils of sea/ air carriage. 150 + 11.20.6 Packing List : Packing list indicates the exact nature, quantity and quality of contents +together with address, dimensions, weight, etc. of each package in a shipment and +helps in clearance through Customs. +11.21 EXPORT OF ITEMS NOT REPAIRABLE IN INDIA: +Occasions may arise when imported equipment/ defective parts needs to be sent to +OEM/ authorized agency for repairs/ replacement. Following documents would be +required for booking the store for export: +a) Export proforma, +b) Requisition for carriage, +c) Packing note-cum-invoice, +d) Airworthy certificate, +e) Airlift sanction, +f) Firm‟s letter of acceptance, +g) A copy of expenditure sanction accorded by CFA +h) „Not Repairable in India‟ certificate by the Director of Lab/Estt, +i) Initial import details like Bill of Entry, Bill of Lading/ AWB, etc., and +j) Appropriate safeguards to protect the Govt. property in the form of BG/ Insurance +cover. +11.22 SPECIAL PROVISIONS FOR EQUIPMENT IMPORTED FOR DEMONSTRATION/ +TRIAL/ TRAINING: +Special items imported by DRDO Labs/Estts for the purpose of trial or demonstration of +defence equipment are exempted from payment of customs duty under S No. 8 of +Customs Notification No. 39/96 (Goods imported for trial, demonstration or training +before an authority under the Ministry of Defence in the Government of India) as +amended. A certificate from the Under Secretary to the Government of India in the +Ministry of Defence is to be produced to the Assistant/ Deputy Commissioner of +Customs, in each case that the goods imported are for the purpose of trial, +demonstration or training. T he Lab/Estt will undertake, in each case, to pay the duty +leviable on such goods (except those which are certified by the said Under Secretary +as having been consumed in the process of trial, demonstration or training) which are +not re-exported within a period of two years from the date of import or within such +extended period that the said Assistant/ Deputy Commissioner may allow. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_83.txt b/new_scrap/PM-2020.pdf_chunk_83.txt new file mode 100644 index 0000000..f577750 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_83.txt @@ -0,0 +1,67 @@ +151 + 11.23 DRAWBACK CLAIMS: +Sometimes goods imported after paying custom duty are to be exported back to the +country of origin, on non-returnable basis. In such cases, a drawback claim can be +preferred on the Customs. Procedure for such claims is laid down in Customs Act, +1962 as amended. +11.24 SMALL VALUE IMPORTS THROUGH TA (DEFENCE) ABROAD: +For requirement of small value items where bidding process may not attract any +response or is not considered worthwhile, the services of Technical Advisers (TAs) of +High Commission of India (HCI), London/ Indian Embassy in USA and Russia, may be +availed for import/ purchase of such items. +11.24.1 Labs/Estts intending to avail such services, will seek demand approval/ expenditure +sanction from CFA/ noting of FE release and place funds at the disposal of High +Commission/ Indian Embassies through DFMM, DRDO HQ to enable TAs to make +payments for the purchases made through their liaison. +11.24.2 The normal procedure for freight forwarding and custom clearance, etc. will be +applicable for such procurements. +11.25 REPEAT ORDER AND OPTION CLAUSE: +Provision for Repeat Order/ Option Clause will be governed as per provisions in the +contract/ supply order as in the case of indigenous procurement. +11.26 PACKAGING AND DISPATCH: +The stores are required to be packaged to withstand the conditions of shipment and +short term storage in transit and in the country of destination. Following guidelines +should be observed in this regard: +11.26.1 The Seller shall be responsible for any loss or damage or expenses incurred by the +Buyer because of inappropriate packing. +11.26.2 Packages containing articles, classified as hazardous, should be packed and marked in +accordance with the requirements of the appropriate regulations governing their +dispatch by sea or air. +11.26.3 The Seller shall also comply with the detailed packaging and dispatch instructions as +specified in the contract/ supply order. + + 152 + 12 CHAPTER 12 +DESIGN, DEVELOPMENTAL AND FABRICATION CONTRACTS +12.1 GENERAL: +With the growth of indigenous industry and concurrent growth of the magnitude of the +tasks assigned to DRDO during last three decades, it has become necessary for the +organization to depend on the industry for sub-system development/ fabrication for +successful execution of the projects. It is obviously not possible to lay down rigid set of +procedures/ rules covering all contingencies for development/ fabrication contracts. +Therefore, flexibility has been built in to encourage potential firms/ partners to +undertake design, development and fabrication of items, equipment, plant and +machinery required by DRDO. Considering the industrial infrastructure and expertise +now available in the country, it is appropriate that DRDO should explore assigning the +tasks of development/ fabrication for the system/ equipment designed by them to the +private industry. +12.1.1 Development contracts, unlike the normal contracts/ supply orders, involve +development work against given design data/ technical specifications/drawings. Due to +vagaries of the nature of work based on evolving design, the prospective firms may be +reluctant to undertake such tasks owing to high level of risks expected during +development/ engineering processes. +12.1.2 Fabrication contracts involve lower risks and lesser uncertainties but firms are hesitant +to take up such contracts due to small quantitative requirements and relatively heavy +investments. These contracts are generally entered into for specific items, which are +not available off- the-shelf and are specifically fabricated to meet specific requirements. +12.1.3 The terms and conditions in respect of development/ fabrication contracts need to be +negotiated on the case to case basis. The progressing of development/ fabrication +contracts should be based on a collaborative approach between Lab/Estt and +Development Partner with the understanding that both are equal partners aiming at +optimum results. +12.1.4 Design, development and fabrication contracts undertaken by DRDO under „Buy +(Indian- IDDM)‟ categor y, relevant provisions of DAP- 2020 as amended will be +applicable. +12.2 PRINCIPLES AND POLIC Y: +Whilst it is not possible to lay down any rigid rules covering all the contingencies that +may arise in the finalization of specific development contracts, the following guiding \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_84.txt b/new_scrap/PM-2020.pdf_chunk_84.txt new file mode 100644 index 0000000..8158ac6 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_84.txt @@ -0,0 +1,69 @@ +153 + principles may, however, be followed : +a) Exploration of sources in the public and private sector should be as wide as +possible before placement of development order to encourage competition. +b) Ability of the Development Partner to execute work of the desired quality in the +required time schedule should be evaluated and verified by the Techno +Commercial Evaluation Committee. +c) Development contracts should preferably be concluded with two or more partners +in parallel, subject to the other bidder(s) agreeing to match the negotiated price +and conditions of L1, else, the full order may be placed on the L1 firm. Placement +of parallel contracts on two parties is desirable to have more than one source of +supply at bulk production stage. Besides, it also increases the probability of +successful completion of the developmental work in time. The ratio of splitting of +the proposed quantity between bidders and criteria thereof must be mentioned in +the RFP. Ratio of splitting would be preferably in favour of L1. +d) If requirement is meager or sources are limited or proposal is not considered cost +effective, a single source having expertise in the requisite field may be +considered with appropriate justification and approval of the CFA. +e) The ability of the firm to take up bulk production should be borne in mind while +exploring the sources for contracts which are likely to lead to large scale +production. +f) For assigning development/fabrication task, the information available with DGQA, +other DRDO Labs/Estts and Scientific Depts. may also be utilized to select +appropriate partner. The selected firm should have the capacity and capability to +undertake development and bulk production, even if it entails setting up of a +separate production line, provided their policies do not forbid them from such +commitments. Where bulk production is envisaged after design and development +by DRDO, association of a suitable production agency may be considered during +design and pre-production phases. +g) The RFP document would be issued free of cost. The facility to use testing/ +infrastructure facilities available in DRDO Labs may be extended to development +partner(s) as per mutually agreed terms on case to case basis. Labs would +decide the same and it would be reflected in the RFP. However, the anticipated +cost of such usage would be indicated in the proposal to CFA to determine the +cost of development. 154 + h) Free Issue Material (FIM) to be used as raw material for use in +developmental/fabrication contract, would be safeguarded as per the provisions +of para 6.43.2 (c) and 7.3. 15 of this Manual . +12.3 INTELLECTUAL PROPERTY RIGHTS (IPR): +The IPR developed under a developmental contract, funded by DRDO, will be the +property of Govt. of India. In such cases, the firm will provide technical know-how/ +design data for production of the item to the designated production agency nominated +by the DRDO. It will, however, be permitted to receive, upon demand, a royalty free +license to use these intellectual properties for its own purposes, which specifically +excludes sale or licensing to any third party. +12.3.1 Joint IP Rights : In case of design, development and fabrication of capital equipment of +general nature where no design and development input is provided and only broad +specifications are given by the DRDO Lab/Estt, and/or the developer is sharing the +developmental cost, joint IP rights would be considered. +12.3.2 Even where joint IP rights are accepted, DRDO/ MOD/ GOI reserves the right to +develop an alternate source. In such cases it would be mandatory for the developer to +transfer the know-how of the product to the agency designated by DRDO. However, in +such cases development partner would be entitled to receive license fee/ royalty as per +mutually agreed terms. +12.4 TYPES OF CONTRACTS: +a) Developmental Contract +b) Fabrication Contract +12.5 DEVELOPMENTAL CONTRA CT: +Developmental contract is concluded for the development of an item as per given +design and specifications by DRDO for producing a specified quantity by the selected +development partner. These contracts may subsequently lead to placement of +fabrication/production contracts with unit production cost worked out based on +successful completion of the contract. +12.5.1 Developmental contracts are concluded to cover the following contingencies. +a) Where the industrially engineered models are to be developed by the contractor +based on the complete design data already evolved in the DRDO Lab/Estt during +design and development of a laboratory prototype. In such contracts, the +development would be based on the preliminary design/ technical specifications, +drawings and other information provided by DRDO Lab/Estt. The contractor will, \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_85.txt b/new_scrap/PM-2020.pdf_chunk_85.txt new file mode 100644 index 0000000..19129c3 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_85.txt @@ -0,0 +1,70 @@ +155 + however, prepare production/working drawings, material specifications and other +documents and develop an industrially engineered model. The development +partner would guarantee the material, workmanship and performance of the +equipment for a specific period. +b) Where designing, developing and engineering are to be undertaken by the +development partner as per given specifications under guidance of the DRDO +Lab/Estt, the expertise available in the industry will be utilized for accomplishment +of developmental task within stipulated time frame. Such contracts should +envisage the development of an industrially engineered model/ equipment and +supply of the same at various stages of progress of trial with drawings and other +related documents by the development partner as required. The development +partner would also be required to submit technical document stipulating +guarantee for the design, material, workmanship and performance of the +equipment for a specific period. +12.6 TYPES OF DEVELOPMENTAL CONTRACTS: +Developmental contracts will normally be of the following types : +a) Firm-Fixed-Price Contract. +b) Fixed Price Contract with Price Variation Clause. +c) Fixed Price Contract providing for Re-determination of Price. +d) Fixed Price Incentive Contract. +e) Cost Plus Contract. +Brief description/scope on each type of contract is given below: +12.6.1 Firm-Fixed-Price Contract : Firm fixed price contract means a contract in which a lump +sum amount is agreed upon for development/indigenization and supply of the +equipment based on data/ specifications supplied and which is not subject to any +adjustment during the performance of the contract due to any reasons whatsoever. The +firm or the contractor assumes full financial responsibility in the form of profit or loss. +This type of contract is best suited when reasonably definite design or performance +specification is available and when Lab/Estt of DRDO can estimate reasonable price of +development/ indigenization. +12.6.2 Fixed Price Contract with Price Variation Clause : This is the same as the firm-fixed- +price contract, except that upward or downward revision of contracted price can be +allowed on occurrence of certain contingencies beyond the control of the firm/contractor +such as increase/ decrease in wages or cost of material. An escalation formula must be 156 + included in such contracts and a ceiling of escalation should also be fixed in the case of +long term contracts. Price variation clause can be provided only in long term contracts +where the original delivery period exceeds beyond 18 months. +12.6.3 Fixed Price Contract Providing for Re-determination of Price : This type of contract +is intended to eliminate the impact of contingencies due to causes other than those +foreseen in the case of fixed price contract with price variation. These contingencies +may be due to the development partner‟s unfamiliarity with the raw materials or +manufacturing processes, long term contracts, lack of specifications or the use of +performance rather than product specifications. In such cases prospective re- +determination of price could be done – +a) On request by either party +b) At stated intervals/ at a determinable time. +12.6.4 Fixed Price Incentive Contract : This type of contract is designed to provide a greater +incentive to the development partner to reduce the contract costs by providing higher +profits if costs are reduced and lower profits when costs rise. These costs, the ceilings +on target cost, target profit, a price ceiling and the formula for arriving at final cost are +all settled before the execution of the contract. This contract type will only be applicable +for ab-initio developmental contracts. +12.6.5 Cost Plus Contract : In this type of contract, the development partner is reimbursed the +costs incurred and also receives a negotiated profit for performing the contract, i.e., the +profit of the development partner and not the cost of development is fixed. +Development partner‟s respons ibility towards cost of the item is minimum except that +he has to use the same care and prudence as is expected under fixed price contracts. +This type of contract should be encouraged and concluded with development partner +only when the uncertainty which is involved in the contract performance is of such a +magnitude that the cost of performance cannot be estimated with sufficient +reasonableness to permit a type of fixed price contract. It is also necessary to ascertain +that the development partner has cost accounting machinery and that the cost is clearly +defined. A strict R&D surveillance has to be maintained by the Dept. to ensure that +costs are allocated fairly and correctly by the development partner. The RFP should +provide for the access to Development Partner ‟s books of accounts for verification of +the costs by inclusion of a book examination clause in the contract. Where supplies or +works have to continue over a long duration, efforts should be made to convert future +contracts on a fixed price basis, after allowing a reasonable period to the development +partner to stabilize their production methods. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_86.txt b/new_scrap/PM-2020.pdf_chunk_86.txt new file mode 100644 index 0000000..87bc78f --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_86.txt @@ -0,0 +1,70 @@ +157 + 12.7 FABRICATION CONTRACT: +Fabrication contract means a one-time contract concluded with a contractor or a firm +for fabrication and supply of components, sub- assemblies or an assembly, which are +not commercially available, against design drawings/ specifications to be supplied by +the Lab/Estt. +12.7.1 Fabrication contracts, which do not have elaborate system requirements, test +procedures and activity monitoring, can be placed following the normal procedures for +supply orders as given in the preceding chapters. Material Management Forms as +applicable for supply orders may be used for fabrication contracts with suitable +modification wherever required. Any other additional terms and conditions if applicable +to the fabrication contract may be included wherever desired. +12.8 CFA FOR VARIOUS CONTRACTS: +Various types of contracts can be adopted depending upon the nature, complexity and +time span of the developmental work/project. Firm-Fixed-Price contracts, Fixed Price +Contracts with Price Variation Clause and Fabrication Contracts will be concluded by +Lab/Estts as per the delegated financial powers vis-à-vis mode of bidding. Fixed-Price +contracts providing for Re-determination of Price, Fixed Price Incentive contracts and +Cost Plus contracts will be adopted only with the prior approval of Secretary Defence +(R&D ) or higher authorities through DFMM. Concurrence of finance will be taken as +per the delegation of financial powers. +12.9 COSTING AND TIME ESTIMATION: +Cost of developmental/ fabrication contracts will be estimated considering all elements +of cost, both Non-Recurring Expenditure (NRE) and prototype costs, systematically as +per costing and industrial engineering methods. These methods mainly rely on the +information furnished to the cost accountants by the engineers/ scientists through their +past experience of having performed similar (or same) task or by their precise +estimation of various inputs required to complete the contract, based on the firmed up +design drawing/data. The developmental contracts, which are being executed for the +first time, may not be amenable to these cost accounting techniques, hence personal +experience/ logical assessment/ experience of similar development by other Labs/Estts +may be utilized for arriving at approximate cost & time estimate and in achieving +optimum value for money when the contracts are concluded. Directors of Lab/Estt may +hire services of professional engineering and costing consultants (if desired, whenever +in-house costing is inadequate) for proper cost estimation in case of expected high +value contracts. +12.9.1 In case the developmental contract leads to production, it is expected that per unit 158 + production cost should not be more than prototype cost (as per developmental contract) +after offsetting inflation. Sometimes, it is seen that firms undercut/ offer discount to +become L1 in the developmental phase and later jack up prices during the production +phase. Care should be taken by the CFA on the merit of the case to safeguard Govt. +interest. +12.10 PROCESSING OF DEVELOPMENTAL CONTRACT: +Some of the important steps involved in the processing of developmental contract are +as follows: +a) Firming up of vendor qualification criteria +b) Framing and Issue of RFP +c) Techno-commercial Evaluation of bids and convening of C NC +d) Placement of Contract/ Supply Order +e) Post Contract Management +12.11 INITIATION & APPROVAL OF DEMANDS: +Procedure for initiation and approval of demands for developmental/ fabrication +contracts will be as per Chapter 4 of this Manual. There would be no requirement of +“Performance Security” for the “Development Contracts” entered into by DRDO. This +will apply to “Development Contracts” only, as defined in Para 12.5 above. However, +Warranty Bond would continue to be obtained from successful development partner to +cover the DRDO interest during the warranty period. +12.12 FIRMING UP OF VENDOR QUALIFICATION CRITERIA: +Identification of appropriate vendors is a vital step and must be well considered. +Labs/Estts may use EOI route for firming up of vendor qualification criteria to find a +suitable developmental partner(s) as per procedure mentioned hereunder. +12.12.1 For identifying firms willing to participate as developmental partner in respect of +different categories/ products/ components, notice inviting Expression of Interest (EOI) +to be published on Central Public Procurement Portal (CPP-Portal) and DRDO Website +only. A notice calling for EOI/RFI will be issued/ published with “in -principle” approval of +CFA / DG Cluster (whichever authority is lower). The minimum number of products/ +components required to be submitted by the vendor for evaluation and likely demand +for those products/ components for the next two to three years after development may +be indicated, if feasible, in th e EOI. The attention of known prospective development +partner(s) will also be drawn towards EOI/RFI. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_87.txt b/new_scrap/PM-2020.pdf_chunk_87.txt new file mode 100644 index 0000000..7d6a43f --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_87.txt @@ -0,0 +1,69 @@ +159 + 12.12.2 The EOI will contain the broad specifications and desir ed vendor qualification criteria, +i.e., details of the resources desired with the firm in developing the product/component. +The interested firms would be asked to submit the details of infrastructure and +resources available with them. +12.12.3 Interested firms will be allowed to visit the Lab/Estt to see the product/ component +required to be developed or to discuss the specifications of the proposed product. This +would be indicated in the EOI. +12.12.4 The Director of the Lab/Estt would constitute a committee to study desir ed resource +details, the details submitted by the firms and discuss the same with firms to fine tune +the broad specifications and firm up the vendor qualification criteria for the +developmental of product/ component. The committee will also estimate cost and time +required to realize the product. This committee will comprise of Chairman, technical +expert from a sister Lab/Estt or outside expert from other Govt. Dept./ academic +institution, MMG rep. and member secretary from User group. Rep of Finance may be +co-opted, if felt necessary in a given case. +12.12.5 In addition to above, the other provisions prescribed in the chapter 4 of this Manual will +be taken into account for processing of EOI. +12.13 REQUEST FOR PROPOSAL (RFP): +For developmental/ fabrication contracts, RFP should consist of general information +regarding the manner and methodology of bid submission, standard terms and +conditions, special terms and conditions for the contract being contemplated, vendor +qualification criteria, details of product/component to be developed, evaluation criteria +for the bids and template for price bid. The RFP ( DRDO. BM.02) will be prepared and +dispatched to all respondents of EOI as per the provisions given in Chapter 6 of this +Manual. The applicability of performance security in case of development contracts +would be governed as per para 12.11 above. While framing the RFP for developmental +contracts, vendor qualification criteria would be given special emphasis, as it is one of +the important factors for successful completion of the contract and identification of +potential bulk production partner. The bidders will invariably be asked to mention Non- +recurring Cost (NRE) with appropriate break-up and cost of prototypes explicitly in all +cases. +12.13.1 Acquiring Manufacturing Drawings and Associated Hardware : To develop an +alternate source of supply of an item developed and productionised by the development +partner, it is essential that the manufacturing drawings are available with Lab/Estt. +Since manufacturing drawings are evolved and finalised, it is likely that the 160 + development partner would claim his rights on such drawings and may not agree to part +with them. Therefore, suitable clause should be included in the RFP clarifying that +manufacturing drawings prepared during the development phase shall be the property +of the DRDO/ Ministry of Defence and will be handed over to DRDO wheneve r +required. Further, these will also not be used by the development partner for any +purpose other than stated in the contract, without the written consent of DRDO. All dies/ +tools/die sets/ jigs/ fixtures/ moulds fabricated under the contract which are charged +separately will be returned to the Lab/Estt unless specified otherwise in the contract. +12.13.2 Return of Documents: Documents, specifications, drawings issued to development +partner(s) or prepared by them will be property of DRDO and the same will be returne d +to DRDO on demand. A provision to this effect shall be made in the RFP. A certificate +to the effect that required documents have been received in the Lab/Estt would be +furnished by the user. Any loss or damage to these documents shall be recovered from +the development partner. +12.13.3 Apportionment of Quantity : In cases where it is decided to award developmental +contracts to more than one development partner, it should be explicitly specified in the +RFP. The ratio of splitting of the quantity between various development partners +including criteria thereof must be pre-disclosed in the RFP as per provisions of para +6.45.1 of this Manual. The apportionment of the quantity would be done subject to the +other vendor(s) agreeing to match the negotiated price and terms & conditions of L1. In +case of deviation, the full order may be placed on the L1 firm, else alternate source +may be explored through separate bidding . +12.14 PRE-BID CONFERENCE: +In case of turnkey contracts or for development of sophisticated and complex +equipment, a suitable provision is to be made in the bidding document for a pre-bid +conference for clarifying issues and clearing doubts, if any, about the specification and +other technical details projected in the bidding document. The date, time and place of +the pre-bid conference must be indicated in the bidding document and should be +sufficiently ahead of the bid opening date. +12.15 REQUIREMENT OF SAMPL E: +Requirement of samples, if any, would be reflected in the RFP along with the manner +of their submission. The samples would be taken on no cost no commitment basis. +Clarifications where required, would be discussed in the pre-bid conference. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_88.txt b/new_scrap/PM-2020.pdf_chunk_88.txt new file mode 100644 index 0000000..574d918 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_88.txt @@ -0,0 +1,64 @@ +161 + 12.16 BID PROCESSING AND CONDUCT OF CNC: +All other procedures e.g. bid opening, evaluation of techno-commercial bids, +conducting of CNC etc., would be done as per the details given in Chapter 6 of this +Manual. +12.16.1 Bid Evaluation : In cases where infrastructure requirement for the developmental +contract has been specified, TCEC will evaluate the feasibility/ verify the infrastructure +details submitted by the firms in order to assess their manufacturing capability and +genuine potential for developing the product/ component. +12.17 BREAK UP OF QUOTED PRICE: +The vendor should be asked to submit the detailed break-up of cost under the +headings materials (indigenous/ imported, quantity, cost), labour (number of man +hours, man hour rates, etc.), design and developmental, drawings and details of +overheads which will be vetted by the user at the time of CNC. Where applicable, the +last purchase price (LPP) of imported item or equivalent item may be taken as the +base price to arrive at the reasonableness of the quoted rates. In case LPP is not +available the base price will be arrived at by the process of benchmarking which will be +done prior to opening of the commercial bid. L1 will be determined as per provisions of +para 8.3 with reference to the developmental cost, including the cost of prototype and +the total quantity for which the initial orders are to be placed. +12.18 COST ESTIMATION: +For all developmental contracts costing above Rs. 5 crore, Director of the Lab/Estt will +constitute a separate Cost Estimation and Reasonability Committee (CERC) to +estimate a reasonable cost of the proposed developmental/ fabrication work. +Invariably user and finance reps would be members of this committee. +12.19 PRE-REQUISITES FOR PLACING DEVELOPMENTAL/ FABRICATION CONTRACTS: +The following steps will invariably be followed while entering into a developmental +contract: +a) Publication of EOI, where required. +b) Vendor qualification criteria will be part of RFP. +c) Non-Disclosure Agreement (NDA) will be signed. +d) Pre-bid conference will be held if required. +e) Cost estimate by CERC, as per para 12.18 of this Manual, to arrive at benchmark 162 + price prior to conduct of C NC. +f) The payment milestones/ stages will be defined unambiguously. +g) Contract Monitoring Committee (CMC)/ Progress Review Committee (PRC) will +be constituted as per the details given in para 12.22 of this Manual. +12.20 SIGNING OF CONTRACT : +The contract will be prepared as per MM Forms issued by DFMM and signed by both +the parties after approval of CFA as per the provisions of Chapter 9 of this Manual. +12.21 CONTRACT COMMENCEMENT AND COMPLETION DAT ES: +Care should be taken to ensure that the date of contract commencement and the date +of completion must be deterministic at any given point of time. Stages if any should +have well defined time schedules and specific milestones. +12.22 MONITORING PROGRESS AND MANAGEMENT OF CONTRACTS/ AGREEMENTS: +12.22.1 Responsibility to monitor the progress and operation of the Developmental/ Fabrication +contract will rest with the Lab/Estt that has concluded such contract. The Lab/Estt will +provide necessary guidance to the development partner as required from time to time +and will maintain close liaison with them to clarify any doubts during course of its +execution. +12.22.2 A Contract Monitoring Committee/ Progress Review Committee would be constituted by +the Director of the Lab/Estt with a member from MMG & QAC and a senior member +from other than user group. The committee would meet at least once in every quarter of +the contract period to monitor the progress of development. In case the progress is not +found satisfactory, committee would recommend suitable remedial measures. Where +required, the committee may advise extension of contract period or short/ stage closure +of the contract. +12.22.3 The recommendations of the committee on changes would be put up to to the CFA. +12.22.4 Any decision on cancellation of contract, stage or short closure of the contract would be +taken by the CFA with concurrence of associated finance, if applicable. +12.23 ACCESS TO CLASSIFIED DOCUMENTS/ SYSTEMS: +The nature of activity for developmental task demands a comprehensive knowledge of +the complete system/ documentation. Development partner will be allowed to access +pertinent classified details/documentation in the interest of execution of task. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_89.txt b/new_scrap/PM-2020.pdf_chunk_89.txt new file mode 100644 index 0000000..7a63847 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_89.txt @@ -0,0 +1,61 @@ +163 + Association of the development partner will be desirable for effective rectification of +design defects, if any, during trials of systems/ sub-systems, being developed as part +of the contract. In all such cases, the development partner and his employees, +connected with the assigned task, will be subject to the provisions contained in the +Indian Official Secrets Act and required to render certificate to that effect. +12.24 APPROVAL OF MILESTONES/ ACTIVITIES: +Contract having more than one process/ stage may require inspection/ approval of +completion of each process/ stage. The contract should clearly address this issue. +12.24.1 It is recommended to specify that the development partner shall give notice in writing to +the Lab/Estt for such inspections at least 10 days in advance. In the absence of such +notice by the development partner, the development partner shall be held responsible +for delay and in the event of any dispute in this respect; the decision of the Director +shall be final and binding. +12.25 AMENDMENTS TO CONTRACT TERMS AND CONDITIONS: +Any amendment in the contract would be done as per the provision contained in +Chapter 10 of this Manual. +12.26 REPEAT ORDER: +Placement of Repeat Order, if specified in the contract, would be governed as per +provisions of para 10. 11 of this Manual after offsetting the NRE cost. +12.27 PROCUREMENT OF DEVELOPED STORE FROM AGENCIES ASSOCIATED WITH +DEVELOPMENT: +Any item developed/ manufactured by Indian industry, public or private, with transfer of +technology from DRDO or through development contract, shall be procured from the +industry (ies) concerned only. The same industry(ies) shall also be approached for repairs, +overhauling or any other service for which facility has been set up by the industry (ies) +exclusively for development/production of the said item. Such cases would not be treated +as single tender procurement. + 164 + 13 CHAPTER 13 +PROCUREMENT OF TECHNICAL BOOKS AND JOURNALS +13.1 GENERAL: +The major objective of DRDO Libraries/ Technical Information (Resource) Centres/ +Knowledge Centres (KCs) is to provide relevant, required and current information at +the right time to the scientists working on various projects in the DRDO Labs/Estts. +These are not academic or general libraries but are special libraries and deal with +publications in special and focused subject areas. Books, technical reports, standards, +patents related information, databases, scientific journals and periodicals in print and +digital form are some of the important types of documents required by DRDO libraries. +Sometimes, journal articles, audio-visual, optical, multimedia and e-learning material +as well as ephemeral material may also be required for procurement. +13.2 DEMAND INITIATION: +The demand for the technical books and journals would be raised by the Library in- +charge of the Lab/Estt on the basis of requirements projected by the users of technical +library. Library in-charge may also raise demand for the periodicals and journals to +complete/ continue the collection in the Library. +13.3 LIBRARY ADVISORY COMMITTEE (LAC): +Director of the Lab/Estt may appoint a Library Advisory Committee consisting of +Chairman of the rank of Scientist 'E' or above, three to five members representing +various subject disciplines of the Lab/Estt and the Library In-Charge (Officer- In- +Charge) who will also be the Member Secretary. The LAC is an essential body +advising and guiding the library in its activities and services. The LAC also advises the +Director of the Lab/Estt on the policy matters pertaining to administration of library. +13.3.1 Functions of LAC : +The basic functions of the LAC are as under: +a) To lay down the general library policy and rules, +b) To scrutinize the demands for procurement of print and digital documents and +make necessary recommendations for approval of the CFA for balanced growth +of library resources, +c) To lay down and review the procedures for the library to optimize efficiency and +usage of the library services, \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_9.txt b/new_scrap/PM-2020.pdf_chunk_9.txt new file mode 100644 index 0000000..1a6e61f --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_9.txt @@ -0,0 +1,68 @@ +3 + DFMM, DRDO HQ. Suggestions for improvements/amendments, if any, may also be +sent to DFMM, DRDO HQ. Doubts/ queries received from the users of the manual will +be examined by DFMM and necessary clarifications, if required, will be issued after +approval of Secretary Defence ( R&D ) with concurrence of Addl FA (R&D). However, +clarifications having wider impact on policy matters across MoD would require approval +of Secretary Defence (R&D) with concurrence of Secretary (Defence Finance) / FA +(DS). +1.9 DISAGREEMENT WITH FINANCE: +At any stage of procurement, the CFA can overrule the advice of his/her Financial +Adviser (FA) by a written order giving reasons for overruling the FA‟s advice on file. A +copy of the order overruling FA‟s advice will be provided to FA for information. If such +over-ruling of FA is done at AoN stage/ demand approval or at an interim stage of +procurement, action in procurement process will be taken as per the decision of CFA and +FA will continue to participate in this process as Finance member. At the time of +Expenditure Sanction stage, FA can either concur the final proposal or record their +dissent to the final proposal. CFA can agree with FA‟s advice or overrule the advice of +the FA by a written order giving reasons for overruling the FA‟s advice on file at +Expenditure Sanction stage. The sanction letter issued in latter cases will not contain UO +number of FA but will clearly indicate that the advice of the FA was taken but the same +was over-ruled by CFA and copy of relevant notings of FA & CFA will be endorsed along +with the CFA sanction to CDA /PCDA for purposes of internal audit and payment. A +quarterly report will be submitted by the FAs through CGDA to MoD (Fin) on such +overruling cases. There will be no requirement for CFA to report the over-ruling cases to +next higher CFA/FA. +1.10 DEVIATIONS FROM PROC EDURE: +1.10.1 There should normally be no occasion to deviate from the procedure as sufficient +flexibility has been built into the provisions of this Manual. However, if such a need +arises, Lab/Estt will forward the case to DFMM, DRDO HQ with due justification for +approval of the Secretary Defence (R&D) with concurrence of Secretary (Defence +Finance) / FA (DS). Depending on the merit of the case, the matter may also be +submitted for approval of the Hon‟ble Raksha Mantri (RM). +1.10.2 Variations from any RFP terms and conditions would not be considered as deviation +from procedure, provided such variations are permissible as per the provisions of this +Manual. Approval for such variation will be accorded by the respective CFA with +concurrence of associated finance, as applicable. 4 + 1.11 CONFORMITY OF THE MANUAL WITH OTHER GOVERNMENT ORD ERS: +The provisions contained in this Manual are in conformity with General Financial Rules, +other orders issued b y Ministry of Finance and recommendations of Central Vigilance +Commission from time to time. If any instance of variance between the provisions of +this Manual and MoF guidelines/ CVC recommendations comes to the notice of +anyone, the same may be referred to DFMM, DRDO HQ who shall take necessary +action for resolution of the issue and continuation of on-going procurements, if so +necessitated, with the approval of Secretary Defence ( R&D ) and with the concurrence +of Secretary (Defence Finance)/ FA (DS). +1.12 BANKING INSTRUMENT A ND PRE-CONTRACT INTEGRITY PACT: +a) Banking Instruments : Generally, payments to the foreign firms in case of procurement +of stores are made through Letter of Credit (LC) or Direct Bank Transfer (DBT). The +Uniform Customs and Practices for Documentary Credit (UCPDC) are a set of +internationally recognized definition & rules for interpretation of documentary credi t +issued by the International Chamber of Commerce, Paris. Annexure ‘ A’ may be referred +with respect to banking instruments available for effecting payment to the foreign firm +and the procedure for obtaining, accepting and verification of Bank Guarantees. +b) Pre-Contract Integrity Pact: Integrity Pact is a specific tool used to build transparency +in public procurement by both public institutions and private agencies. The goal of the +Integrity Pact is to eliminate chances of corrupt practices during procurement process +through a binding agreement between the Parties for specific contract. The standard text +of Pre-Contract Integrity Pact is given in Annexure ‘B’. +1.13 APPLICABILITY OF INSTRUCTIONS/ ORDERS ISSUED IN FUTURE +The provisions of this Manual would be subject to general or special instructions/ orders/ +amendments which the Government may issue from time to time. +1.14 E-PUBLISHING AND E- PROCUREMENT +Procurements will be governed by the provisions of Rule 159 and 160 of GFR-2017 +relating to e-Publishing and e-Procurement and instructions issued by Govt. from time to +time. +1.15 DEFINITIONS: +Unless the context otherwise requires, definitions/terminology used in this Manual are +as under: \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_90.txt b/new_scrap/PM-2020.pdf_chunk_90.txt new file mode 100644 index 0000000..4c01aea --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_90.txt @@ -0,0 +1,59 @@ +165 + d) To deal with any other matter concerning the library that may arise from time to +time. +13.3.2 The LAC will be advisory in nature and not to perform any administrative functions. The +decisions taken by the LAC will be subject to the approval of the Director of the +Lab/Estt. +13.4 PROCUREMENT OF BOOKS/ PUBLICATIONS OTHER THAN PERIODICALS: +Bidding process will not be mandatory for procurement of books/ publications other +than periodicals. The procurement procedure involves selection of books/ publications, +placement of order, receiving, accessioning, bill processing etc. are governed as per +the procedures outlined in “Procedures for Management of Libraries and Technical +Information Centre” issued by DESIDOC. These functions are almost common for +acquisitions of all kinds of library books/ publications except periodicals and scientific +journals. +13.4.1 In view of high costs, no library can afford to purchase all the information, materials, +documents needed or demanded by its readers even if they are relevant to the +establishment. Library should procure documents by following the golden rule "the most +relevant documents covering core and major subject interests of the establishment, for +the largest number of users and at the least cost" within the resources available. +Therefore, selection and procurement are important functions of a library for balanced +resources for current and potential use. +13.5 PROCUREMENT OF PERIODICAL PUBLICATIONS: +Acquisition of periodical publications is different because generally advance payment is +mandatory for subscription and renewal of periodicals. Either of the following methods +of procurement may be followed for procurement of periodicals. +a) Bidding process +b) Direct ordering +LAC may scrutinize the procurement proposals of periodicals and recommend +procurement through bidding or direct order placement to CFA on case to case basis. +In the absence of specific recommendations, bidding process must be followed for +procurement of periodicals. Direct ordering should be recommended only in +exceptional cases where bidding process is not practical. +13.6 GUIDELINES FOR PROCUREMENT FOR BOOKS/ JOURNALS: +DRDO has libraries/ Technical Information Centers/ Knowledge Centers functioning in 166 + its Labs/Estt. Keeping in view the special needs of these libraries, library procedure +manual titled “Procedures for Management of Libraries & Technical Information +Centers” , as amended, issued by Defence Scientific Documentation and Information +Centre (DESIDOC) after requisite approval of Secretary Defence (R&D) with the +concurrence of Addl. FA (R&D) & JS will be applicable. This manual provides detailed +guidelines for procurement of books, technical reports, standards, patents related +information, databases, scientific journals and periodicals in print and digital form, +journal articles, audio-visual/ optical/ multimedia and e-learning material. + + + + + + + + + + + + + + + + + \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_91.txt b/new_scrap/PM-2020.pdf_chunk_91.txt new file mode 100644 index 0000000..b191a7c --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_91.txt @@ -0,0 +1,64 @@ +167 + 14 CHAPTER 14 +OUTSOURCING OF SERVICES +14.1 GENERAL +14.1.1 Rule No. 198 of GFR-2017 iterates that a Ministry or Department may outsource certain +services in the interest of economy and efficiency and it may prescribe detailed +instructions and procedures for this purpose without, however, contravening the +guidelines given in succeeding paragraphs. +14.1.2 Out sourcing is the act of transferring some of an organization‟s non-core functions to +service providers/ contractors. +14.2 PURPOSE OF OUTSOURCI NG: +Outsourcing is often used to acquire services for following reasons: +a) Unavailability of service in-house +b) Focusing on core services +c) Reduction in cost +d) IT support etc. +14.3 TYPES OF SERVICES THAT MAY BE OUTSOURCED: +Types of services that are out-sourced by Lab/Estt may be classified in following +categories: +a) Services for which specific Government orders have been issued. +b) Services for which requirements are well known and the skill-set of the service +provider who can do the job is also well known, and there is no significant +advantage to have a service provider having higher skill-set. Such services would +be out-sourced as per the provisions given in earlier chapters. +c) Services for which minimum skill-set of the service provider who can do the job is +well known but service provider having higher skill-set would add significant value +to the outcome because requirements cannot be expressed in quantifiable terms. +This chapter specifically addresses out-sourcing of such services. +14.3.1 The following services have been covered under separate orders and, therefore, would +continue to be outsourced as per those orders. +a) Outsourcing of services pertaining to Basic Research Services e.g. Contract for 168 + Acquisition of Research Services (CARS), Contracts for Acquisition of +Professional Services through IDST (CAPSI) will be governed as per the extant +orders. +b) All Security Contracts will be governed as per the guidelines issued by +Directorate General of Resettlement (DGR)/ Ministry of Defence. +14.4 IDENTIFICATION OF LIKELY SERVICE PROVIDE RS: +Lab/Estt will prepare a list of likely and potential service providers/ contractors on the +basis of formal or informal inquires from other Ministries or Departments or +Organizations involved in similar activities, scrutiny of „yellow pages‟, and trade +journals, if available, website etc. +14.5 SELECTION OF SERVICE PROVIDERS: +The selection of service provider/ contractor will be done as per any of the following +methods; as considered appropriate with the approval of CFA as per delegation of +financial powers in vogue. +a) Quality and Cost Based Selection (QCBS): Under normal circumstances, this +method of evaluation shall be used for services which are of generic and +recurring nature for which standard operating procedures have been prescribed +along with minimum qualifying criteria. The service provider will be selected on L1 +basis only as per the procedures described in preceding Chapters. +b) Combined Quality Cum Cost Based System (CQCCBS): This method of +selection shall be used for highly technical projects/ services/ assignments which +have high impact and hence it is essential to engage highly skilled agency which +offers their profession al services. Output of such services is highly dependent on +the expertise of the service provider. For such services weightage needs to be +given to higher technical standards, while finalizing the prices. The service +provider will be selected on L1-T1 basis as per para 14.8 of this Manual. +14.6 DEMAND INITIATION & APPROVAL UNDER QCBS : +Demand will be initiated and approved as per the provisions given in Chapter 4 of this +Manual . CFA will be determined as per the delegation of financial powers in vogue for +selection of service provider. +14.7 DEMAND INITIATION & APPROVAL UNDER CQCCBS: +Selection of service provider under CQCCBS implies that the evaluation of bids will be +done on the basis of bot h “Non -price Attributes” and “Price Attributes”. The Non-price \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_92.txt b/new_scrap/PM-2020.pdf_chunk_92.txt new file mode 100644 index 0000000..215ce2b --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_92.txt @@ -0,0 +1,65 @@ +169 + attributes comprises of parameters related to technical competency/ managerial ability +such as availability of qualified personnel and support staff; experience of key +personnel or availability of in-house QA practices etc. The Price attribute is related to +the price quoted by the bidders. The demand approval process in such cases would +inter-alia require compliance of following: +a) RFP will be prepared and issued with concurrence of finance. Standard format of +RFP would be appropriately modified to incorporate following: +(i) Details of work or service to be performed by the contractor. +(ii) The facilities and the inputs that would be provided to the contractor by +the Lab/Estt. +(iii) Eligibility and qualification criteria to be met by the contractor for +performing the required work or service. +(iv) The statutory and contractual obligations to be complied with by the +contractor. +(v) Suitable evaluation criteria wherein weightages of “Non -price Attributes” +and “Price Attributes” to be mentioned upfront. +(vi) In case of outsourcing consultancy services, following Terms of Reference +(TOR) will be included in the RFP: + Purpose/ objective of the assignment; + Detailed scope of work; + Expected input of key professionals (number of experts, kind of expertise +required); + Proposed schedule for completing the assignment; + Reports/deliverables required from the service provider. + Background material, previous records etc. available and to be provided +to the service provider . + Procedure for review of the work of service provider after award of +contract. +(vii) Standard formats for technical proposal. +(viii) Standard formats for financial proposal. 170 + b) Pre-bid Meeting: A pre-bid meeting will invariably be prescribed in the RFP for +selection of service provider under CQCCBS. The date and time for such a +meeting should normally be after 15 to 30 days of issue of RFP and should be +specified in the RFP itself. During this meeting, the scope of assignment, +responsibilities of either parties or other details should be clearly explained to the +prospective bidders so that there is no ambiguity later on at the time of +submission of technical/financial bids. Where some significant changes are made +in the terms/ scope of RFP as a result of pre bid meeting or otherwise considered +necessary by the Lab/Estt, a formal Corrigendum to RFP may be issued. In such +cases, it should be ensured that after issue of Corrigendum, reasonable time is +available to the bidders to prepare/submit their bid. If required, the time for +preparation and submission of bids may be extended suitably. +c) Two bid system will be followed for all cases irrespective of the cost. The +submitted bids would be evaluated as per the provisions given for the two bid +system in Chapter 6 of this Manual. CNC will be conducted for all cases under +CQCCBS. +d) CFA will be determined as per the delegation of financial powers in vogue for +selection of service provider. +14.8 EVALUATION UNDER COMBINED QUALITY CUM COST BASED SYSTEM +(CQCCBS) : +14.8.1 Under CQCCBS, the proposals will be allotted technical and financial weightage +depending upon the nature of assignment. +14.8.2 Proposal with the lowest cost, evaluated as per the provision of Chapter 8 of this +Manual, may be given a financial score of 100 and other proposals given financial +scores that are inversely proportional to their evaluated cost . +14.8.3 The total score, both technical and financial, shall be obtained by weighing the quality +and cost scores and adding them up. The proposed weightages for technical and +financial shall be specified in the RFP. +14.8.4 Highest Points Basis : On the basis of the combined weighted score for technical and +financial, the service provider shall be ranked in terms of the total score obtained. The +proposal obtaining the highest total combined score in evaluation of quality and cost will +be ranked as H-1 followed by the proposals securing lesser marks as H-2, H-3 etc. The +proposal securing the highest combined marks and ranked H-1 will be invited for +negotiations, if required and shall be recommended for award of contract. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_93.txt b/new_scrap/PM-2020.pdf_chunk_93.txt new file mode 100644 index 0000000..cf7c069 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_93.txt @@ -0,0 +1,50 @@ +171 + As an example, the following procedure can be followed. In a particular case of +selection of service provider, It was decided to have minimum qualifying marks for +technical qualifications as 75 and the weightages of the technical bids and financial bids +was kept as 70 : 30. In response to the RFP, 3 proposals, A, B & C were received. The +TCEC awarded them 75, 80 and 90 marks respectively. The minimum qualifying marks +were 75. All the 3 proposals were, therefore, found technically suitable and their +financial proposals were opened after notifying the date and time of bid opening to the +successful participants. The C NC examined the financial proposals and evaluated the +quoted prices as under: +Proposal Evaluated Cost +A Rs. 120 +B Rs. 100 +C Rs. 110 +Using the formula LEC / EC, where LEC stands for lowest evaluated cost and EC +stands for evaluated cost, the committee gave them the following points for financial +proposals: +Proposal Evaluated Cost Cost Marks +A Rs. 120 (100/120) x 100 = 83 points +B Rs. 100 (100/100 ) x 100 = 100 points +C Rs. 110 (100/110 ) x 100 = 91 points +In the combined evaluation, thereafter, the evaluation committee calculated the +combined technical and financial score as under: + Proposal Evaluated Cost Cost Marks Combined Marks +A Rs. 120 83 points (75 x 0.70) + (83 x 0.30) = 77.4 pts +B Rs. 100 100 points (80 x 0.70) + (100 x 0.30) = 86 pts +C Rs. 110 91 points (90 x 0.70) + (91 x 0.30) = 90.3 pts +The three proposals in the combined technical and financial evaluation were ranked as +under: +Proposal Evaluated Cost Cost Marks Combined Marks Rank 172 + A Rs. 120 83 pts 77.4 pts H3 +B Rs. 100 100 pts 86 pts H2 +C Rs. 110 91 pts 90.3 pts H1 +Proposal C at the evaluated cost of Rs.110 was, therefore, declared as winner and +recommended for negotiations/approval, to the competent authority. +14.8.5 Outsourcing by Choice : In exceptional situations should it become necessary to +outsource a job by nomination to a specifically chosen service provider/ contractor, the +CFA may do so in consultation with finance. In such cases the detailed justifications, +the circumstances leading to the outsourcing by nomination and the special interest or +purpose it shall serve shall form an integral part of the proposal. +14.8.6 Expenditure Sanction : The expenditure sanction would be obtained from the CFA and +contract will be entered as per the provisions given in Chapter 9 of this Manual. +14.8.7 Contract Monitoring : Lab/Estt may constitute a committee of not less than 3 officers of +appropriate level to continuously monitor the performance of service provider/ +contractor. Payment as per the schedule would be released to the service provider after +receipt of satisfactory service report and confirmation for ensuring compliance of +contract obligations & statutory rules governing payment of wages to the employees of +the service provider. +14.8.8 Extension of Contracts : Extension of the contracts for outsourcing the services shall +be done in accordance with para 10.12 of this Manual. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_94.txt b/new_scrap/PM-2020.pdf_chunk_94.txt new file mode 100644 index 0000000..142157f --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_94.txt @@ -0,0 +1,62 @@ +173 + 15 CHAPTER 15 +RATE CONTRACT/ PRICE AGREEMENT +15.1 OBJECTIVE: +The basic objective of a procuring entity is to provide store of right quality, in right +quantity, at the right place, at the right time and right price to meet the requirement of +the user. One of the ways of ensuring this is to conclude a “Standing Offer Agreement +(SOA)” for all common use items which are regularly required and whose prices a re +likely to be stable and not subject to considerable market fluctuations. It requires Buyer +to enter into an agreement with appropriate firms/ manufacturer to supply their product +against requirement at a fixed price and as per the terms & condition of the agreement. +Rate Contract (RC) and Price Agreement (PA) are types of SOA. These agreements +enable procuring entity to procure indented items promptly and with economy by +cutting down the order processing and inventory carrying costs. +15.2 RATE CONTRACT (RC)/ PRICE AGREEMENT (PA): +RC: It is a contract between the Buyer and the Seller wherein the Seller agrees to +provide, on demand, specified goods or services under specified terms & condition +during a set period at a definite price. +PA: It is a contract between the Buyer and the Seller wherein the Seller agrees to +provide, on demand, specified goods or services under specified terms & condition +during a set period at a definite discount structure. +15.3 SALIENT FEATURES OF RC/PA: +a) Neither quantity is mentioned nor any minimum drawal guaranteed in the contract. +b) It is in the nature of a standing offer from the firm. +c) Seller is bound to accept any order placed on him during the validity of the RC +period. +15.4 TYPES OF ITEMS SUITABLE FOR ENTERING INTO RC/PA: +Following types of common use items may be considered for entering into RC/PA: +a) Items required by several users on recurring basis and having clear specifications. +b) Fast moving items with short shelf life or storage constraints. +c) Items with minimum anticipated price fluctuation during the currency of the contract. +Items with high probability of considerable price fluctuation should not be considered 174 + to be covered except for short term contract. +d) Items that take long gestation period to manufacture and for which there is only one +source for manufacturing. +15.5 ADVANTAGES OF RC: +15.5.1 To Buyers : +a) Facility of bulk rate at lowest competitive price. +b) Saves time and effort in tedious and frequent bidding at multiple user locations. +c) Enables buying as and when required. +d) Just in time availability of supplies reduces inventory carrying cost. +15.5.2 To Sellers: +a) Access to large volume of purchase without going through bidding process and +follow up at multiple user locations – saving in administrative and marketing +efforts and overheads. +b) Rate contract lends respectability and image enhancement. +15.6 GUIDELINES FOR ENTERING INTO RC: +Stores of standard types required in bulk quantity which are common and in regular +demand, and for which the price is not subject to appreciable market fluctuations, shall +be purchased against Rate Contract/ Price Agreement (RC/PA) based on assessed +future consumption. +15.6.1 Rate contract/ Price Agreement (RC/PA) will normally be entered into, if the annual +drawals against the contracts are expected to exceed Rs.10 lakh. +15.6.2 Normally the duration of a Rate Contract/ Price Agreement should be for a period not +exceeding three years. +15.6.3 No new RC/PA should be placed with the firms having backlog against existing +contracts and also if the backlog is likely to continue for the major portion of the new +contract period. +15.6.4 RC/PA should be placed only on registered and/or reputed and established firms, which +are capable of supplying the stores as required. +15.6.5 In cases where a firm already has a RC/PA with any other Government Department, +Central/ State Public Undertaking, etc., it should be ensured that the contract is entered \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_95.txt b/new_scrap/PM-2020.pdf_chunk_95.txt new file mode 100644 index 0000000..207af0e --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_95.txt @@ -0,0 +1,65 @@ +175 + into on not less favourable terms and conditions than those agreed to by it with the +other Departments, Undertakings, etc. +15.7 CFA DETERMINATION FOR ENTERING INTO RC/ PA: +CFA for entering into such contracts will be determined based on the anticipated value +of annual drawal vis-à-vis mode of bidding. RC/PA with validity period of more than +three years would be concluded with prior approval of Secretary Defence (R&D) with +the concurrence of Addl. FA (R&D) & JS for all CFAs in DRDO. +15.8 PERIOD OF RC/PA: +Normally the duration of such agreement should be for a period not exceeding three +years. No extension to validity of the contract is required when deliveries against +outstanding supply orders continue after expiry of the validity period. +15.9 PROCESS OF CONCLUDING RC/PA: +15.9.1 Finalization of scope : The scope of RC/PA will be finalized by MMG of Lab/Estt after +consolidating the demand of other Labs/Estts in the station, if applicable. +15.9.2 Demand initiation and its approval : Rate Contract can be entered into by the +Lab/Estts either for items required by several users (Lab/Estt) in a station on recurring +basis or for meeting the specific requirement of a particular Lab /Estt. +15.9.3 RC cases which are suitable for a specific Lab may be processed and finalized by the +Lab as per provisions of th is chapter without referring to HQrs. RC cases which involve +multiple Labs would be referred to DFMM/DRDO HQrs only for nomination of a nodal +Lab. Thereafter, the consolidated RC case would be processed and finalized by the +nodal Lab. CFAs for the consolidated RC case would be decided as per the approval +chain in the DFP pertaining to the nodal Lab. +15.9.4 Mode of Bidding: The default mode of bidding to finalize a RC will be on the basis of +open bidding. PA will be concluded only with the manufacturers/exclusive dealers. +Other mode of bidding may be adopted in exceptional cases with due justification. +15.9.5 Bidding Process : This will be done as per the provisions contained in Chapter 6 of this +Manual. Format of RFP would be suitably modified for conclusion of RC/PA by +inclusion of the special terms and conditions for such contracts. Some of these +conditions are given in para 7 .3 of this Manual. All the cases of RC/PA would be +scrutinized by CNC as per para 6.38 as applicable. The L1 bidder would be determined +as per provisions of para 8.3 of this Manual. 176 + 15.10 CFA APPROVAL FOR SIGNING RC/PA: +Approval of CFA for concluding RC/PA would be obtained as per the delegation of +financial power, based on the recommendation of CNC. CFA would be determined on +the cumulative anticipated annual withdrawal against such RC/PA even if parallel RCs +are entered through separate bidding. +15.11 SCRUTINY AND APPROVAL OF RC/PA: +A draft contract will be prepared by MMG as per the format DRDO.RC.01 and the +same shall be scrutinized, by an officer specifically authorized by Director of RC/PA +concluding Lab/Estt, for its correctness vis-a-vis rate and terms & conditions approved +by CFA. The draft contract may also be referred to finance rep for scrutiny. Thereafter, +the agreement should be signed and dispatched as per para 9.2. 4 and 9.2.5 of this +Manual. Copy of the contract will also be sent to all the Labs/Estts who may be using it. +15.12 PARALLEL RC: +In cases it is observed that the rate contractor does not have capacity to cater for +expected demand or where it is desired to have a wider vendor base for whatever +reasons, RCs will be concluded with more than one firm for the same store/ service. +Such contracts are known as parallel RCs. Parallel RCs will be concluded with other +bidders at L1 rate and terms & conditions. For the sake of transparency and to avoid +any criticism, all such RCs are to be issued simultaneously. +15.13 SPECIAL CONDITIONS APPLICABLE FOR RC/ PA: +15.13.1 Earnest Money Deposit (EMD) is not applicable. +15.13.2 In the schedule of requirement, no quantity is mentioned; only the anticipated drawal +may be mentioned without any commitment. +15.13.3 Performance cum Warranty Bond of reasonable amount from the RC/PA holders will be +obtained prior to entering into such agreement. +15.13.4 Payment Terms: Payment up to 100% may be released on receipt of stores at +consignee‟s premises against Invoice, Inspection Note, and Certificate in respect of Fall +Clause. The balance payment will be made after accounting of items by the consignee. +15.13.5 The Buyer reserves the right to conclude more than one RC for the same item. +15.13.6 The Buyer as well as the Seller may withdraw the RC/ PA by serving suitable notice to +each other. The prescribed notice period is generally not less than thirty days. +However, supply orders placed during the notice period will be honoured by the Seller. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_96.txt b/new_scrap/PM-2020.pdf_chunk_96.txt new file mode 100644 index 0000000..0a6e520 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_96.txt @@ -0,0 +1,66 @@ +177 + 15.13.7 In case of emergency, the Buyer may purchase the rate contracted item through ad-hoc +contract with a new Seller. +15.13.8 Usually, the terms of delivery in RC/PA are FOR dispatching station. This is so, +because such agreements are to take care of the users spread all over the country. +However, wherever it is decided to enter into RC/PA which is FOR destination, the cost +of transportation should be separately asked for. +15.13.9 The Buyer and the authorized users of the RC/PA are entitled to place supply orders up +to the last day of the validity of the agreement and, though supplies against such supply +orders will be effected beyond the validity period of the agreement, all such supplies will +be governed by the terms and conditions of the RC/PA. +15.13.10 Supply orders, incorporating definite quantity of goods to be supplied as per the term s +and conditions of agreement, will be issued for obtaining supplies on need basis. +15.13.11 Fall Clause : All RC/ PA will be governed by “Fall Clause”. The following Fall Clause will +invariably form part of the agreement: +a) The prices charged for the stores supplied under the agreement by the Seller +shall in no event exceed the lowest price at which the Seller sells the items of +identical description to any other person/organization during the period till +performance of all supply orders placed during the currency of the agreement is +completed. +b) If, at any time, during the said period, the Seller reduces the sale price of such +stores or sells stores to any other person/organization at a price lower than the +price chargeable under the agreement, he shall forthwith notify such reduction or +sale to the authority which has concluded the RC/PA; and the price payable +under the agreement for the stores supplied after the date of coming into force of +such reduction or sale shall stand correspondingly reduced. +c) However, the above stipulation will not apply to: +(i) Export by the Contractor. +(ii) Sale of stores as original equipment at prices lower than the prices +charged for normal replacement. +(iii) Sale of stores such as drugs, perishable goods which have expiry dates. +15.13.12 Certificate in respect of Fall Clause : 178 + a) While submitting his bills for the goods supplied against the Rate Contract/ +Price Agreement, the Contractor shall give the following certificate also: +“I/We certify that the stores of description identical to the stores supplied to the +Government under the contract herein have not been offered/sold by me/us to +any other person/ organization up to the date of bill/the date of completion of +supplies against supply orders placed during the currency of the RC/PA, at a +price lower than the price charged to the Government under the contract.” +b) If the Contractor sells any goods at lower than the contract price, except covered +by any of the three exceptions indicated above as per para 15.13.11 (c) of this +Manual, such sales have also to be disclosed in the aforesaid certificate to be +given by the Contractor to the Government. The obligations of the Contractor in +this regard will be limited with reference to the goods identical to the contracted +goods sold or agreed to be sold during the currency of the contract. +15.13.13 The successful bidder shall maintain stocks at the station and shall make deliveries +against supply orders from such stocks within the specified period. +15.14 PERFORMANCE SECURITY / WARRANTY BOND : +Depending on the anticipated overall drawal against a RC/PA and, also, anticipated +number of parallel RCs to be issued for an item, the authority concluding such contract +will obtain Performance Security / Warranty Bond in the form of BG of reasonable +amount from the RC/PA holders. A suitable clause to this effect is to be incorporated in +the RFP. It shall, however, not be demanded in the supply orders issued against +RC/PA. +15.15 PLACEMENT OF SO AGAINST RC/PA: +The demand for the procurement of items on RC/PA will be approved by CFA as per +delegation of financial powers vis-à-vis mode of bidding on which the agreement has +been concluded. Based on the approval of such demand, MMG will place the SO on +RC/PA holder as per the format DRDO.RC.02 . +15.16 RENEWAL AND EXTENSION OF RC/PA: +It should be ensured that new RC/PA are made operative right after the expiry of the +existing contract without any gap. In case, however, it is not possible to conclude new +RC/PA due to some special reasons, timely steps are to be taken to extend the +existing contracts with same terms, conditions etc. for a suitable period, with the +consent of the Contract holders. Period of such extension should generally not be +more than three months. While extending the existing contracts, it shall be ensured \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_97.txt b/new_scrap/PM-2020.pdf_chunk_97.txt new file mode 100644 index 0000000..7e00b75 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_97.txt @@ -0,0 +1,46 @@ +179 + that the price trend is not lower. RC/ PA of the firms, which do not agree to such +extension, is to be left out of consideration for renewal and extension. Any extension of +the existing RC beyond a period of three years would need the approval of Secretary +Defence (R&D) with the concurrence of Addl. FA ( R&D) & JS. +15.17 TERMINATION AND REVOCATION OF RC/ PA: +RC/PA is in the nature of standing offer and a legal contract comes into force only +when a supply order is placed by the Buyer. Being just a standing offer, embodying +various terms of the offer, the contract holder may revoke it at any time during its +currency. However, reasonable opportunity i.e. not less than thirty days should be +given to the contractor to represent against any revocation/cancellation of RC/PA. + + 180 + 16 CHAPTER 16 +PAYMENT/ CLEARANCE OF BILLS +16.1 GENERAL: +After the stores have been received in good condition, inspected to the satisfaction of +the user and Brought on Charge (BOC), it becomes obligatory on the part of Lab/Estt +to clear the Seller ‟s bills promptly. It is the responsibility of the Lab/Estt to ensure that +the Seller ‟s bills are paid as per terms and conditions stipulated in the supply order/ +contract. To prevent any misuse and to promote transparency, all payments to Sellers +may be made through electronic mode of payment only. The supply orders/ contracts +may include a clause asking the Sellers to provide details of their banker‟s name, +branch, branch code, branch address, account (a/c) number, type of a/c, MICR +number, IFS Code and PAN with their bills as a measure of safety so as to enable the +paying authority to credit the payment into S ellers‟ a/c directly through electronic mode +of payment. In situations where electronic mode of payment is not possible, Lab +Director will authorize the payment by account payee cheque. The Seller will furnish +bankers details such as banker's name, branch and a/c no. to the paying authority. +Details of payments made by cheque will be intimated to the local audit authorities +periodically. +16.1.1 Lab/Estt will communicate the specimen signatures of the officers authorized, to the +paying authority, to sign contingent bills, CRVs and other financial documents. +16.2 DOCUMENTS TO BE ENCLOSED FOR CLAIMING PAYMENT: +The documents to be submitted for audit and payment depend upon the nature of +procurement and the terms and conditions of a particular supply order/ contract. +However, essential documents that are required for audit and payment are as follows: +16.2.1 Documents to be submitted to the audit authority along with advance copy of the +Supply Order/ Contract : +a) Ink singed copy of the Supply Order/ Contract and amendments thereon with +authority. +b) An ink-signed copy of Financial Sanction of the CFA and amendments. +c) A copy of the techno-commercial evaluation report in case of two bid system. +d) A copy of the Comparative Statement of Bids (CSB)/ CNC proceedings, as +applicable. +e) PAC/ any other certificate that may be peculiar to the procurement. \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_98.txt b/new_scrap/PM-2020.pdf_chunk_98.txt new file mode 100644 index 0000000..3da1126 --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_98.txt @@ -0,0 +1,56 @@ +181 + Note: In case documents listed above are not sent in advance to the audit authority, +they may be called for by such authority at the time of payment of bills/ post audit, +where applicable. +16.2.2 Documents to be submitted to paying authority for payment along with the Bill : +a) For Indigenous Sellers : +(i) An ink- singed copy of the Contingent Bill/ Seller‟s Bill duly countersigned +(ii) An ink-signed copy of the Commercial Invoice +(iii) A copy of the Supply Order/ Contract and amendments +(iv) An ink-signed copy of CRV +(v) Inspection Note/ Progress Report/ Job Completion Certificate/ Installation +Report, as applicable +(vi) Bank Guarantee/ Indemnity Bond for advance, as applicable +(vii) Performance Security Bond and Warranty Bond, as applicable +(viii) DP extension and Imposition/ waiver of LD with authority +(ix) Self certification from the Seller that the GST/any other taxes received under +the contract would be deposited to the concerned taxation authority . In this +regard, extant Government orders will be applicable as communicated by +DRDO HQ. +(x) Details for electronic payment +(xi) Certificate from user confirming receipt of required documents in case of +Design, Developmental and Fabrication Contract +(xii) Any other document/certificate that may be provided for in the supply order/ +contract +b) For Foreign Sellers: +(i) Clean on Board Airway Bill/Bill of Lading +(ii) Original Invoice +(iii) Packing List 182 + (iv) Certificate of Origin from Selle r‟s Chamber of Commerce, if any +(v) Certificate of Quality and year of manufacture from OEM +(vi) Dangerous Cargo Certificate, if applicable +(vii) Insurance Policy of 110% value in case of CIF/ CIP contract +(viii) Certificate of Conformity and Acceptance Test at PDI, if any +(ix) Phyto-sanitary/ Fumigation Certificate, if any +(x) Any other documents as provided for in the Contract +Note: Depending upon the peculiarities of the procurement being undertaken, +documents may be selected from the list given above and specified in the supply order/ +contract. +16.3 PROCESSING OF BILLS: +All bills received will be registered centrally and processed for payment after ensuring +the availability of funds under the relevant budget head. The following points will be +ensured: +a) Prompt action in case any discrepancy is detected in the contractor's bills. +b) Bills prepared on prescribed form are pre-receipted bearing revenue stamps on +bills as applicable. +c) Amounts are shown both in words and figures and are rounded off to the nearest +rupee. +d) The nomenclature of the items and the quantities are in accordance with the +supply order/ contract. +e) The amounts claimed on account of incidental charges are admissible as per +terms and conditions of the order/ contract. +f) Cash receipts/ certificates are enclosed in support of packing and forwarding +charges and original cash receipts for postage and insurance are enclosed, +wherever applicable. +g) GST Regd. No./ PAN is enclosed. +h) CRV/ Inspection Report (IR) is enclosed with the bill. Nomenclature of the items \ No newline at end of file diff --git a/new_scrap/PM-2020.pdf_chunk_99.txt b/new_scrap/PM-2020.pdf_chunk_99.txt new file mode 100644 index 0000000..5aea80b --- /dev/null +++ b/new_scrap/PM-2020.pdf_chunk_99.txt @@ -0,0 +1,68 @@ +183 + on CRV/ IR should exactly correspond to those shown in the supply order/ +contract and the contractor's bill. Rates and total value of all items should be +shown in the CRV/ IR. +i) Receipted copy of the delivery challan is enclosed with the bill. +j) In case of advance payments, Bank Guarantee/ Indemnity Bond or equivalent +bond is enclosed. +k) The arithmetical accuracy of the bills will be thoroughly checked before payment. +l) Deductions will be made from the bills on account of demurrage/ wharfage paid +by Lab/Estt on consignments due to late receipt of RR/ LR (Railway Receipt/ +Lorry Receipt). +m) Income tax will be deducted as applicable. +16.3.1 Time Schedule for Clearance of Bills : Expeditious processing of bills, after +acceptance of stores, is essential to ensure the payment to the Seller within the +prescribed time limit to avoid legal implication leading to payment of penal interest on +delayed payments. For this purpose, Labs/Estts will issue local orders fixing time +schedules for completion of inspection, accounting and submission of bills for release +of payment to the paying authority. +16.3.2 The bills for accepted stores along with documents as prescribed in para 16.2.2 of this +Manual will be forwarded by Lab/Estt (MMG) to Finance Section handling cash +assignment or local CDA (R&D)/ paying authority for payment. On the receipt of the +cheque slip/ intimation from the paying authority, ECS payment details or the cheque +number, date and amount will be entered in the bill register and cheque slip inserted in +the purchase file. +16.3.3 Balance Payment : In case of payments made from cash assignment, necessary +entries in this regard will be made in the progress register. All payments (up to 90% or +95%) shall be entered in the progress register. The bills for the balance (10% or 5%) +payments to the Seller shall be submitted with supporting documents as applicable to +local CDA (R&D)/ paying authority for settlement. +16.3.4 Adjustment of Advances : All advances given to the Seller will be adjusted against the +intermediate milestone payments or in any case against the final stage payment due to +the Seller within six months from the date of receipt of stores/ completion of milestone/ +service. 184 + 16.3.5 Advance payments made to the Seller, will be entered in the Advance Payment +Register and submission of the adjustment/ final claims regulated with reference to this +register. +16.3.6 Lab/Estt will maintain a Register of Bank Guarantees furnished by the Seller to them. +The records should be maintained with a designated officer who will periodically check +their validity during currency of the contract/ supply order and advise extension as +required. +16.3.7 Payment against Time Barred Claims : Claims of Sellers preferred after 3 years are +time barred by the Statute of Limitations. The time from which the limitations begin to +run will generally be calculated from the date when the payment falls due/ from date of +delivery and acceptance of goods, unless the payment claim has been under +correspondence. Such time barred claims cannot be paid without the sanction of Govt. +For claiming such an amount, the Seller has to make a request for special treatment to +allow his payment and giving the justifications for such special treatment. The decision +to accept or refuse such payments shall be taken by the Govt. on case to case basis. +However, limitation is saved if the Seller has forwarded his initial claim within the time +allowed and it had been under consideration with the Govt. during which time the claim +may have been modified or corrected with the consent of the parties before it is +admitted for payment. Such period of consideration will not be counted towards the +period for limitations provided after such modifications or corrections the claim remains +substantially the same. Time Barred claims will be sent to DFMM, DRDO HQ for +necessary approval along with confirmation from concerned CDA (R&D)/ paying +authority that payment has not been made. Thereafter, Lab/Estt will send a copy of the +approved time barred sanction to the paying authority along with the claim of the Seller +for payment. +16.3.8 These provisions exclude the payment withheld due to non-compliance of terms and +conditions of the contract by the Seller. +16.4 LOST/ MISPLACED CHEQUES AND ISSUE OF FRESH CHEQUES : +In the event of loss/ misplacement of cheque, the following procedure will be followed: +(This procedure is not applicable in case of payment made through electronic mode.) +16.4.1 The beneficiary must lodge a written complaint to the Lab/Estt regarding loss/ +misplacement of the cheque issued in his favour and non-realization of payment +against a legitimate supply/ service rendered by him within the validity period of the +cheque. After expiry of validity period, the Lab/Estt will obtain a Non-Payment +Certificate (NPC) from the bank stating that the cheque has not been honoured and no \ No newline at end of file diff --git a/poc.py b/poc.py new file mode 100644 index 0000000..8427232 --- /dev/null +++ b/poc.py @@ -0,0 +1,96 @@ +from flask import Flask, request, render_template, jsonify + +# Importing whisper to control audio +import whisper +model = whisper.load_model("base") + +# # Importing the classifier agent to distinguish between commands and question/answering +# from conv2_withagent import CommandClassifier + + +# # Importing the question answering bot +# from answer_generator import question_answering_bot + + +# # Importing prompt template, Sales order Class and functions for Creating sales order +# from createsalesorder import SalesOrder, Creating_SalesOrder_Step1, Creating_SalesOrder_Step2, Creating_SalesOrder_Step3 + + +app = Flask(__name__) + +# Initialize the list to store question-reply pairs +conversation = [] + +@app.route('/') +def index(): + return render_template('saving.html',conversation=conversation) + +@app.route('/upload-audio', methods=['POST','GET']) +def upload_audio(): + + audio_file = request.files['audio'] + # Save the audio file to a desired location + audio_file.save('audio.wav') + + text_from_audio = model.transcribe("audio.wav") + transcription = text_from_audio["text"] + print(transcription) + + + global transcription_data, reply, conversation + transcription_data = transcription + + response = {} + + + # reply = question_answering_bot(transcription_data) + reply = "test" + + # Assuming the question is stored in the variable 'question' and the reply is stored in the variable 'reply' + conversation.append({'question': transcription_data, 'reply': reply}) + + response['data'] = 'response1' + response['redirect'] = '/Question_Answering' + + + + return jsonify(response) + +@app.route('/submit-input', methods=['POST']) +def submit_input(): + + response = {} + user_input = request.form.get('user_input') + + global transcription_data, reply, conversation + + if user_input: + + # Process the user's text input (e.g., send it to the question answering model, perform actions, etc.) + transcription_data = user_input + + # reply = question_answering_bot(transcription_data) + reply = "test" + + # Assuming the question is stored in the variable 'question' and the reply is stored in the variable 'reply' + conversation.append({'question': transcription_data, 'reply': reply}) + + response['data'] = 'response1' + response['redirect'] = '/Question_Answering' + + return jsonify(response) + + +@app.route('/Question_Answering') +def Question_Answering(): + if(transcription_data==None): + return render_template('saving.html',transcription="Ask me anything") + + + return render_template('saving.html',conversation=conversation) + + + + +if __name__ == '__main__': + app.run() \ No newline at end of file diff --git a/preprocessing.py b/preprocessing.py new file mode 100644 index 0000000..496278a --- /dev/null +++ b/preprocessing.py @@ -0,0 +1,99 @@ +import logging + +logging.basicConfig(format="%(levelname)s - %(name)s - %(message)s", level=logging.WARNING) +logging.getLogger("haystack").setLevel(logging.INFO) + +import warnings +warnings.filterwarnings('ignore', category=UserWarning, message='TypedStorage is deprecated') + +from haystack import Pipeline +from haystack.nodes import TextConverter, PDFToTextConverter +from haystack.nodes import PreProcessor +import os + +# from AutoPDFconversion import AutoConvertPDFtotext + + + +PDFToConverter = PDFToTextConverter() +text_converter = TextConverter() + +pre_processor = PreProcessor( + clean_empty_lines=True, + clean_whitespace=True, + clean_header_footer=False, + split_by="word", + split_length=100, + split_respect_sentence_boundary=True, +) + +# # Using inmemory document store : +# from haystack.document_stores import InMemoryDocumentStore +# document_store = InMemoryDocumentStore(use_bm25=True) + + +# Check if the document store file exists +if os.path.exists("faiss_document_store.db"): + # Delete the existing document store file + os.remove("faiss_document_store.db") + + +# Using FIASS document store +from haystack.document_stores import FAISSDocumentStore +document_store = FAISSDocumentStore(faiss_index_factory_str="Flat") + +# from haystack.nodes import EmbeddingRetriever +# preprocessing_retriever = EmbeddingRetriever(document_store=document_store, embedding_model="sentence-transformers/multi-qa-mpnet-base-dot-v1", model_format="sentence_transformers", top_k=20) + +print("started") + +indexing_pipeline = Pipeline() +# indexing_pipeline.add_node(component=PDFToConverter, name="PDFToTextConverter", inputs=["File"]) +indexing_pipeline.add_node(component=text_converter, name="TextConverter", inputs=["File"]) +indexing_pipeline.add_node(component=pre_processor, name="PreProcessor", inputs=["TextConverter"]) +# indexing_pipeline.add_node(component=document_store, name="InMemoryDocs", inputs=["TextConverter"]) +# indexing_pipeline.add_node(component=preprocessing_retriever, name="Retriever_for_embeddings", inputs=["PreProcessor"]) +indexing_pipeline.add_node(component=document_store, name="FIASS_Docstore", inputs=["TextConverter"]) + + +doc_dir = "new_scrap" + + +files_to_index = [doc_dir + "/" + f for f in os.listdir(doc_dir)] + +for file_path in files_to_index: + print(file_path) + +# for file in files_to_index[]: +# print(file) + +print("Indexing pipeline started") +indexing_pipeline.run(file_paths=files_to_index) +print("Indexing pipeline Successfully completed\n Currently not deleting the temperorily created documents") + + + +# After creating the FIass saving it so that we dont have to run the indexing pipeline again and again once we have the data + + + +from haystack.nodes import EmbeddingRetriever + +retriever = EmbeddingRetriever( + document_store=document_store, embedding_model="sentence-transformers/multi-qa-mpnet-base-dot-v1" +) +document_store.update_embeddings(retriever) + + +# # Important: +# # Now that we initialized the Retriever, we need to call update_embeddings() to iterate over all previously indexed documents and update their embedding representation. +# # While this can be a time consuming operation (depending on the corpus size), it only needs to be done once. +# # At query time, we only need to embed the query and compare it to the existing document embeddings, which is very fast. + + + +# Save the document store: +document_store.save(index_path="docstore/my_index.faiss", config_path="docstore/my_config.json") +# Saving the document store creates two files: my_faiss_index.faiss and my_faiss_index.json + + diff --git a/scrap/PM-2020.pdf b/scrap/PM-2020.pdf new file mode 100644 index 0000000..bd5d278 Binary files /dev/null and b/scrap/PM-2020.pdf differ diff --git a/static/background.jpg b/static/background.jpg new file mode 100644 index 0000000..23b97be Binary files /dev/null and b/static/background.jpg differ diff --git a/static/bot.png b/static/bot.png new file mode 100644 index 0000000..1197263 Binary files /dev/null and b/static/bot.png differ diff --git a/static/user.png b/static/user.png new file mode 100644 index 0000000..7546539 Binary files /dev/null and b/static/user.png differ diff --git a/static/user_icon.png b/static/user_icon.png new file mode 100644 index 0000000..53f76f5 Binary files /dev/null and b/static/user_icon.png differ diff --git a/templates/final.html b/templates/final.html new file mode 100644 index 0000000..161f754 --- /dev/null +++ b/templates/final.html @@ -0,0 +1,301 @@ + + + + PRIVATE GPT + + + + + + + + +
+ {% for pair in conversation %} +
+
+ User Logo +

{{ pair.question }}

+
+
+ Bot Logo +

{{ pair.reply }}

+
+
+ {% endfor %} +
+ + + + +
+
+ + +
+ + +
+ + + + + + + + + diff --git a/templates/saved.html b/templates/saved.html new file mode 100644 index 0000000..9fd3765 --- /dev/null +++ b/templates/saved.html @@ -0,0 +1,175 @@ + + + + PRIVATE GPT + + + + + + + + +
+ {% for pair in conversation %} +
+
+ User Logo +

{{ pair.question }}

+
+
+ Bot Logo +

{{ pair.reply }}

+
+
+ {% endfor %} +
+ +
+
+ + +
+ + +
+ + + + + + + + + + + + + + + + + + + +
+ {% for pair in conversation[::-1] %} +
+
+ User Logo +

{{ pair.question }}

+
+
+ Bot Logo +

{{ pair.reply }}

+
+
+ {% endfor %} +
+ +
+
+ + +
+ + +
+ + + + + + + + + + diff --git a/templates/testing.html b/templates/testing.html new file mode 100644 index 0000000..41d74b1 --- /dev/null +++ b/templates/testing.html @@ -0,0 +1,296 @@ + + + + PRIVATE GPT + + + + + + + + +
+ {% for pair in conversation %} +
+
+ User Logo +

{{ pair.question }}

+
+
+ Bot Logo +

{{ pair.reply }}

+
+
+ {% endfor %} +
+ + + + +
+
+ + +
+ + +
+ + + + + + + + +