BT TF652015
BT TF652015
INSTRUCTIONSTO BIDDERS
To view-Tender Notice, Detailed Time Schedule, Tender Document for this Tender and
subsequently purchase the Tender Document and its supporting documents, kindly visit
following e-Tendering website of Government of
Maharashtra:https://adf.maharashtra.etenders.in
All bidders interested in participating in the online e-Tendering process are required to procure
Class II or Class III Digital e-Token having 2 certificates inside it, one for Signing/Verification
purpose and another for Encryption/Decryption purpose. The tender should be prepared &
submitted online using individual‟s Digital e-Token.
The interested contractors / bidders will have to make online payment (using credit card/debit
card/net banking/Cash Card) of Rs. 1000/-(inclusive of all taxes) per bid per tender to online
service provider of e-Tendering system ETMS at the time of entering online Bid Submission
stageof the tender schedule. (Detailed list of different modes of online payment to e-tendering
service provider (E-Payment Options)has been provided under E-Tendering Toolkit for
Biddersection ofhttps://adf.maharashtra.etenders.in)
Bidders Tool Kit link (detailed Help documents, designed for bidders) has been provided on e-
Tendering website in order to guide them through different steps involved during e-Tendering
such as online procedure for tender document purchase, bid preparation, bid submission.
Only those Tender offers shall be accepted for evaluation for which non-refundable Tender Fee
of Rs.1000/- (INROne Thousand Only) is paid
Important Instructions to the bidders submitting offer Against Tender Enquiry Published
by Dr. PDKV, Akola
1.The offer should be submitted online in the prescribed form as per TWO ENVELOPE SYSTEM
ONLY. Both the Bids (Technical as well as Commercial) shall have to be submitted online only.
Bids not submitted online will not be entertained.
2.A Checklist is given at the end of the Tender Form. Please note that submission of all the
documents mentioned in the check list is mandatory. Documents with incomplete/wrong
information will lead to rejection of tender offer. Purchaser‟s decision will be final in this
regard.
4.The offer should be firm, inclusive of all taxes till the period of delivery. Escalation in prices
will not be allowed. Reduction in Taxes / levies by Govt. during the period, the benefit should
be passed on to consignees.
6.Make and name along with recent address of the manufacturer must be given. ISI marked
equipment if available shall be quoted.
7.Free training for operation and preventive & breakdown maintenance of the equipment is to
be arranged by the supplier / manufacturer immediately after delivery to staff members from
each of the consignee.
8.Maintenance Manual andoperation manual should be supplied along with the equipment free
of cost.
9.ENVELOPE NO. 1 (TECHNICAL OFFER) will be opened on the date specified in Tender Notice.
11.The offers will be first evaluated for completeness with respect to documents to be
submitted with theoffer. Those offers which have all the supporting documents as per
requirements in the tender enquiry will be evaluated on technical grounds. A demonstration of
the make and model no of the being quoted may be arranged at bidders cost if the technical
scrutiny committee recommends. Commercial bids of technically valid offers will be opened and
lowest offer will be recommended for award of contract. Award of contract will be as per
prescribed Government procedure.
12.The offers of the Bidders qualifying technically are only eligible for opening of envelope no.2.
Commercial bid (Envelope No.2) will be opened in the presence of bidder or their authorized
representative present at a date which will be notified later. This bid opening date will be
displayed on website.
13.Tender for each item is to be submitted separately. Rates MUST be quoted in Indian
currency (Rupee) only, as the comparison will be done on thebasis of INR prices only.No
assumptions are to be made regarding concession certificates like customs duty exemption etc.
All inclusive prices in INR must be written on priced tender form in envelope 2. However, to
pass on the benefit of concession in customs duty to educational institutes, the purchaser
may, at his discretion, issue the PO in foreign currency to the lowest eligible bidder whose bid
is technically valid and has been found lowest in INR prices.
14.Bidder quoting the lowest offer will be informed about the intention of award of contract
(Acceptance of Tender) by sending an Advance letter of Acceptance (A/L). On acceptance of
Terms and conditions of A/L and submission of security deposit, Purchase Order (Acceptance
of Tender) will be released. Security deposit will be 3% of the value of goods ordered and will be
retained by the purchaser till 12 months (If delivery period is 8 weeks) from the date of
installation or 15 months (If delivery period is 10/12 weeks) from the date of award. In
casethere is delay in supply and purchaser has extended the delivery period, the retention
period of security deposit will have to be extended accordingly. Security deposit will be released
after expiry of warranty period subject to clearance from the consignee institute.
15.Before accepting the Purchase order, the bidder should ensure the purchaser in writing that
the execution of purchase orders will be carried out in time.
INSTRUCTIONS TO BIDDERS - e Tendering
16.In his/ her acceptanceletter of the specified tender only, the bidder shall give,
-The delivery schedule,
-Dates of installation and training.
So that the institute can plan accordingly. Any change in the scheduled dates will be
communicated at least 20days in advance to the consignee in writing. Purchase order will not
be issued to the bidder without the security deposit and the acceptance letter containing the
above schedule.
17.Unless specified otherwise in tender form or in any tender document supplied by this office,
normally delivery is to be effected within 8 weeks from the date of final order. If the quoted
delivery period is more than period prescribed it must be justified with specific reasons.
Purchaser‟s decision will be final in deciding the delivery period. Stores should be delivered to
the consignee on working days during office hours only. Free rigorous working trial with
derived results should be given at consignee‟s place immediately after delivery.
Stores will not be accepted by the consignee after the due date of delivery without written
sanction of the purchasing authority. The bidder must request to the purchase authority in
advance for grant of delay in supply of stores mentioning the reasons for delay. Purchaser‟s
decision will be final in deciding grant of delay in supply of stores. Non supply of stores in the
granted delivery schedule will automatically lead to declaration of bidder as defaulter
and the bidder will not be allowed to participate in any further bidding process of the
University Dr. PDKV, Akola
The bidder shall submit the Tender and documents in TWO separate sealedEnvelopes as
follows: -
(A) Envelope No.1: Technical Bid
Both the Bids (Technical as well as Commercial) shall have to be prepared and subsequently
submitted online only. Bids not submitted online will not be entertained.
Online Bid Preparation
(A) Bid preparation will start with the stage of EMD Payment which bidder has to pay
onling using any one online pay mode as RTGS , NEFT or payment getway .
(B) For EMD payment, If bidder use NEFT or RTGS then system will generate a challan (in
two copies). with unique challan No specific to the tender. Bidder will use this challan
in his bank to make NEFT/RTGS Payment via net banking facility provided by bidder‟s
bank.
(C) Bidder will have to validate the EMD payment as a last stage of bid preparation. If the
payment is not realised with bank, in that case system will not be able to validate the
payment and will not allow the bidder to complete his Bid Preparation stage resulting
in nonparticipation in the aforesaid eTender.
Note:
* Realisation of NEFT/RTGS payment normally takes 2 to 24 hours, so it is
advised
to make sure that NEFT/RTGS payment activity should be completed well before
time.
* NEFT/RTGS option will be depend on the amount of EMD.
* Help File regarding use of ePayment Gateway can be downloaded from
eTendering portal.
Preparation of Bids will be preceded by online bid preparation and submission of the digitally
signed Bid Hashes (Seals) within the Tender Time Schedule (Key Dates) published in the Detailed
Notice Inviting Tender. The Bid Data is to be prepared in the templates provided by the Tendering
Authority of ADF. The templates may be either form based, extensible tables and / or uploadable
INSTRUCTIONS TO BIDDERS - e Tendering
documents. In the form based type of templates and extensible table type of templates, the
Contractors are required to enter the data and encrypt the data using the Digital Certificate.
In the uploadable document type of templates, the Contractors are required to select the relevant
document / compressed file (containing multiple documents) already uploaded in the briefcase.
Technical Envelope shall contain following documents (in the form of PDF files / Scanned
images). These documents need to be digitally signed by individual contractor‟s digital
signature and uploaded duringonline bid preparation stage. Original copies shall be kept ready
at the time of opening of the tender.
After Tender opening, the EMD of the unsucessfull bidder will be returned to account provided by the
bidder during the bid prepration as given in challan under Beneficiary Account Number.
(ii) Scan copy of earnest money exemption certificate will be accepted in lieu Earnest Money Deposit
from the Registered Contractors
Earnest Money in the form of cheques or any other form except above will not be accepted.
(iii) The amount will be refunded to the unsuccessful tenderers on deciding about the acceptance or
otherwise of the tender. In case of successful tenderer, it will be refunded on his paying initial Security
Deposit and completing the tender documents in form B-1.
(iv) In case of Joint Venture, Earnest money Exemption certificate in individual capacity will not be
accepted. Earnest money shall be be paid via online using NEFT/RTGS or payment gateway mode. The
Security Deposit, additional security deposit etc. in the form of T.D.R. / F.D.R. issued in the name of
Joint Venture Company drawn by scheduled bank having branches in Maharashtra and endorsed, in
the name of Comptroller, Dr. PDKV, Akola for the period of one year will be considered.
If it is found that the E.M.D. submitted is less than 1% of total value of the stores offered, the
offer of the bidder will be rejected.
If the bidder is a supplier registered with Central Store Purchase Organisation (CSPO of Govt.
of Maharashtra) /DGS&D/ NSIC/DIC , the attested copy letter of registration with
CSPO/DGS&D/ NSIC/DIC and attested copy of certificate stating that the firm is exempted
from payment of Earnest Money Deposit MUST be attached .
INSTRUCTIONS TO BIDDERS - e Tendering
4. Photocopy of Prescribed Tender formdownloaded from web site duly signed and
stamped on first & last page by the bidder should be submitted. "DO NOT WRITE THE PRICE
ON IT".
5. Sales Tax / VAT Registration & Clearance Certificate Self attested copies of VAT
registration certificate or TIN allotment and Sales Tax / VAT clearance certificate [STCC or VAT
CC] either from State or Central Govt. ( as the case may be) showing tax paid up and no dues
up to 31stDec2014. Must be attached.
If it is not possible to submit STCC/ VAT Clearance Certificate along with tender, proof of
application made for obtaining STCC/VAT CC to be submitted along with tender. But
STCC/VAT CC MUST be submitted before opening of commercial bids, otherwise tender will be
rejected.
Merely ST/CST/VAT registration certificates or bank challan copies etc are not sufficient and
will not be accepted. Respective clearance certificate is necessary. (Forexample, in case of
dealers in Maharashtra form no 415 is essential. But prescribed clearance format may vary
from state to state.
In any case, certificate from competent tax authorities certifying that no dues are pending
against the dealer is a MUST.)
Original Authorization letterof the manufacturer who manufactures the item mentioned in
the tender document is essential if the bidder himself is not the manufacturer.
1. Authorization letter should be in typed form on the letter head of the manufacturer duly
signed by the competent authority of the manufacturing company with his name and
company‟s seal on it.
2. The letter head must contain themanufacturer‟s office address, factory address, contact
numbers, email address and website address (if available) for verifying the details in the
letter.
3. Authorization letter should be in original and from manufacturer directly.
4.It should be addressed tothe Chairman, Tender Committee, Dr. PDKV, Akola clearly
authorizing the bidder to participate in this tender by quoting tender No andname of the
item for the tendered item.
5.Manufacturer shall assure that he/ she will supply the equipment through the bidder and
will attend all service calls during warranty period.He will also give list of autharised service
providers in Maharashtra/ India.
INSTRUCTIONS TO BIDDERS - e Tendering
Apart from the authorization letter from the manufacturer, the bidder himself should produce a
certificate from competent authorities stating that he is permitted to trade/ supply the items
mentioned in the tender form or item of similar kind.
.
This office reserves the right to ask for any further documentary evidence to establish
genuineness of manufacturer, bidder and authorization letter.
Bidder must detail the pro forma in format 2 andmere certifying that „There is no deviation
between tender specifications and specificationsquoted by the bidder‟is not acceptable and
such bids are likely to be rejected.
12. Standard Mark Certificates If equipment is I.S.I. marked, valid copy of licenseissued by
B.I.S.should be enclosed otherwise same is to be indicated in offer as “NOT I.S.I. Mark”.
13. Declaration by the bidder ( Risk purchase clause, Fall Clause, penalty clause): (Please
see FORMAT 5)
Copy of Declaration duly signed by bidder regarding acceptance of all tender conditions and
also penalty clause, Risk purchase clause, fall clause. These clauses are displayed on website
of Govt. Of Maharashtra under Tender Purchase section.
He should not quote his offer any where directly or indirectly in Technical Envelope (T1), failing
which the Commercial Envelope (C1) shall not be opened and his tender shall stand rejected.
1. The rate should be quoted only for the items specified in the list of requirement and should
be for items of given specification / Mark /Model/ Manufacture and be as follows:-
a. Free delivery at Akola destination basis including cost of Training to the staffs of
consignee for operation and maintenance of equipment.
INSTRUCTIONS TO BIDDERS - e Tendering
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Note: During Online Bid Preparation stage, bidders are allowed to make any changes or
modifications in the bid data uploaded by them in Technical (T1) as well as Commercial (C1)
envelope. Once a bidder successfully completes the Bid Preparation stage (by generating the
Hash Values for T1 and C1), system won’t allow him/her to make any further changes or
modifications in the bid data.
In this stage, bidders who have successfully completed their Bid Preparation stage are required
to transfer the data, already uploaded by them during Bid Preparation stage, from their
custody to department‟s custody.
Note: During this stage, bidders won‟t have any capability to make any kind of changes or
editing into technical as well as commercial data.
After the time for generation of Super Hash values by the Tender Authority from ADF has lapsed,
the Contractors have to make the online payment of Rs. 1,038/- towards the fees of the Service
Provider.
After making online payment towards Fees of Service Provider, the Contractors are required to
decrypt their bid data using their Digital Certificate and immediately re-encrypt their bid data using
the Public Key of the Tendering Authority. The Public Key of the Tendering Authority is attached to
the Tender during the Close for Bidding stage
Note: The details of the Processing Fees shall be verified and matched during the Technical
Opening stage.
At this time, the Contractors are also required to upload the files for which they generated the Hash
values during the Bid Preparation and Hash Submission stage.
The Bid Data and Documents of only those Contractors who have submitted their Bid Hashes
(Seals) within the stipulated time (as per the Tender Time Schedule), will be available for decryption
and re-encryption and to upload the relevant documents from Briefcase. A Contractor who has not
submitted his Bid Preparation and Hash Submission stage within the stipulated time will not be
allowed to decrypt / re-encrypt the Bid data / submit documents during the stage of Decryption
and Re-encryption of Bids (submitting the Bids online).
INSTRUCTIONS TO BIDDERS - e Tendering
D. Opening of Tender: -
The tenders will be opened online as per e-Tendering procedure on the date specified in the
tender notice. The supplier/their authorized representative can attend the tender opening.
First of all, Technical Envelope of the tenderer will be opened online through e-Tendering
procedure to verify its contents as per requirements. If the various documents contained in this
envelope do not meet the requirements, a note will be recorded accordingly by the tender
opening authority and the said tenderer‟s Commercial Envelope will not be considered for
further action but the same will be recorded. Decision of the tender opening authority shall be
final in this regard.
This envelope shall be opened online as per the date and time given in detailed tender
schedule.
The financial bids shall not be opened till the completion of evaluation of technical bids.
Commercial Bids of only technically qualified Bidders as mentioned above will be opened.
The Contractors may remain present in the Office of the Tender Opening Authority at the time
of opening of Financial Bids. However, the results of the Financial Bids of all Contractors shall
be available on the ADF e-Tendering Portal immediately after the completion of opening
process.
Penalty Clause :
Failure and termination of contract:-should you fail to deliver the stores or any part thereof
within the period prescribed for delivery the purchasing Officer, shall be entitled in his opinion
to take any one or more of the following steps:-
to recover from you as liquidated damages a sum equivalent to ½ per cent of the price of the
undelivered stores at the stipulated rate for each week or part thereof during which the delivery
of such store may be delayed subject to a maximum limit in the case of an order not exceeding
rupees one lakh in value of 10 per cent & in the case of an order exceeding Rs. 1 lakh in value
of 5 per cent of the stipulated price of the stores so undelivered. Such penalty is to be deducted
always by the consignee from the bill of the firm.
Risk Purchase Clause:
1.1 If the contractor fails to deliver the stores or any installment thereof within the period fixed
for such delivery or at any time repudiates the contract before the expiry of such period, the
purchasing officer is entitled to cancel the contract and to repurchase the stores of the same
specifications to the extent of the stores not delivered at the risk and cost of the defaulting
contractor. In the event of such a risk purchase, the defaulting contractor shall be liable for
any loss which the purchasing officer may sustain on that account provided the purchase, or if
there is an agreement to purchase, such agreement, is made, in case of default to deliver the
INSTRUCTIONS TO BIDDERS - e Tendering
stores within the stipulated delivery period, within six months from the date of such default
and in case of repudiation of the contract before the expiry of the aforesaid delivery, within six
months from the date of cancellation of the contract of such period. In case any amount is
outstanding to be paid to the defaulting contractor such amount should be withheld in the
interest of Government.
1.2 Procedure to effect risk purchase – As soon as a contract is cancelled steps should be
taken to effect repurchase of the stores still needed by floating Tender Enquiry.
i) The date of delivery, supplies made, supplies expected within the delivery period, and
the prospects of the contractor executing the contract should be taken into account.
ii) Where security deposit is called for by a specified date, default in furnishing the same
by the target date is in itself a breach of the contract and which entitles the purchaser
to cancel the contract at risk and costs of the contractor.
iii) Risk purchase contract should be on the same terms (except delivery date and price) of
the original contract.
iv) The terms of the news contract should not be more onerous or more liberal than those
of the original contract except delivery period.
v) In case the material on Risk Purchase Enquiry is available at a lesser rate than the
value of original item, in such cases 10 percent of the original value of item should be
recovered from the defaulting contractor.
INSTRUCTIONS TO BIDDERS - e Tendering
No.
Date:-
AUTHARISATIONLETTER
To,
Chairman,
Tender Committee,
Dr, PDKV, Akola,
Maharashtra.
Dear Sir,
With reference to above, this is to inform you that. We, _______________________ are an
established manufacturer of __________________________, having factory at __________________
since 19___/ 20____.
Thanking you.
For _______________
Authorized Signatory
Date Name-
Place -
Designation –
INSTRUCTIONS TO BIDDERS - e Tendering
No.
Date:-
No Deviation Statement
To,
Chairman,
Tender Committee,
Dr, PDKV, Akola,
Maharashtra.
Dear Sir,
We submit herewith a no deviation statement giving comparison of our technical offer
and the specifications of the items mentioned in the tender no. ______________________Due on
_______
Name of Manufacturer:-Make & Model quoted :-
1 2 3 4
FORMAT 3
No.
Date:-
No.
Date:-
No.
Date:-
DECLARATION
To,
Chairman,
Tender Committee,
Dr, PDKV, Akola,
Maharashtra.
Sr.No. Item
1 Covering Letter for tender on the company letter head mentioning official address,
Contact No, eMail address and website (if available) address
2 EMD Exemption certificate ESSENTIAL
3 Sales tax / VAT registration certificate. ESSENTIAL
4 ST/ VAT Clearance Certificate (e.g. Form 415 in case of Bidders from Maharashtra) or
copy of application submitted to concerned authority for issuing tax clearance
certificate (e.g. Form 414 in case of Bidders from Maharashtra) ESSENTIAL
5 Income Tax returns or Balance Sheets for last two financial Years (not necessary if
already submitted in the financial year)
6 Authorization certificate from manufacturer.(FORMAT 1)ESSENTIAL
7 No deviation certificate in prescribed pro-forma only. (FORMAT 2)ESSENTIAL
9 Technical literature / leaflet ESSENTIAL
10 List of users with complete address, name of contact persons, contact numbers and
email address for the make and model number of item mentioned in the tender form
(FORMAT 3)
11 Performance report / certificates of supplier in last two financial years. (not necessary
if already submitted in the financial year)
12 Undertaking of delivery from manufacturer within prescribed period (FORMAT 3)
ESSENTIAL
13 ISI mark certificate if asked for
14 Undertaking for demonstration from manufacturer (FORMAT 4) ESSENTIAL
15 Undertaking by bidder about risk purchase, fall clause, penalty clause (FORMAT 5)
ESSENTIAL
Note: If, during online bid preparation, any need arises to upload additional documents, apart
from the above mentioned documents, an option to upload additional documents has been
provided in the e-Tendering software which will be available to bidders during online bid
preparation stage.
The bidder must also submit ORIGINAL Authorization certificate from manufacturer to this
office on or before the last date of tender submission, without which the tender will not be
accepted.
If the bidder himself is the manufacturer of the item, he will produce self attested copy of
necessary permission letter from competent authority showing that they are the manufacturers
of the said item to this office on or before the last date of tender submission, without which the
tender will not be accepted.
Terms and Conditions For Online-Payments
The Terms and Conditions contained herein shall apply to any person (“User”) using the
services of ADF Maharashtra, hereinafter referred to as “Merchant”, for making Tender fee and
Earnest Money Deposit(EMD) payments through an online Payment Gateway Service (“Service”)
offered by ICICI Bank Ltd. in association with E Tendering Service provider and Payment
Gateway Service provider through ADF Maharashtra website i.e.
INSTRUCTIONS TO BIDDERS - e Tendering
Privacy Policy
The Merchant respects and protects the privacy of the individuals that access the information
and use the services provided through them. Individually identifiable information about the
User is not willfully disclosed to any third party without first receiving the User's permission,
as covered in this Privacy Policy.
This Privacy Policy describes Merchant‟s treatment of personally identifiable information that
Merchant collects when the User is on the Merchant‟s website. The Merchant does not collect
any unique information about the User (such as User's name, email address, age, gender etc.)
except when you specifically and knowingly provide such information on the Website. Like any
business interested in offering the highest quality of service to clients, Merchant may, from
time to time, send email to the User
and other communication to tell the User about the various services, features,
functionality and content offered by Merchant's website or seek voluntary information
from The User.
Please be aware, however, that Merchant will release specific personal information
about the User if required to do so in the following cirumstances:
a) inordertocomplywithanyvalidlegalprocesssuchasasearchwarrant,statute,orcourtorder,or
available at time of opening the tender
b) ifanyofUser‟sactionsonourwebsiteviolatetheTermsofServiceoranyofourguidelinesforspecifi
cservices,or
c) toprotectordefend Merchant‟slegalrightsorproperty,the
Merchant‟ssite,ortheUsersofthesiteor;
d) toinvestigate,prevent,ortakeactionregardingillegalactivities,suspectedfraud,situationsinv
olvingpotential threats to the security, integrity of Merchant‟s website/offerings.
GeneralTermsandConditionsForE-Payment
1. OnceaUserhasacceptedtheseTermsandConditions,he/shemayregisteron Merchant‟s
websiteandavailtheServices.
2. Merchant's
rights,obligations,undertakingsshallbesubjecttothelawsinforceinIndia,aswellasanydirecti
ves/proceduresofGovernmentofIndia,andnothingcontainedintheseTermsandConditionss
hallbeinderogationof
Merchant'srighttocomplywithanylawenforcementagenciesrequestorrequirementsrelatingt
oanyUser‟suseofthewebsiteorinformationprovidedtoorgatheredby Merchant
withrespecttosuchuse.EachUseracceptsandagreesthattheprovisionofdetailsofhis/heruse
oftheWebsitetoregulatorsorpoliceortoanyotherthirdpartyinordertoresolvedisputesorcompl
aintswhichrelatetotheWebsiteshallbeattheabsolutediscretionof Merchant.
3. IfanypartoftheseTermsandConditionsaredeterminedtobeinvalidorunenforceablepursuant
toapplicablelawincluding,butnotlimitedto,thewarrantydisclaimersandliabilitylimitationss
etforthherein,thentheinvalidorunenforceableprovisionwillbedeemedsupersededbyavalid,e
nforceableprovisionthatmostcloselymatchestheintentoftheoriginalprovisionandtheremai
nderoftheseTermsandConditionsshallcontinueineffect.
4. TheseTermsandConditionsconstitutetheentireagreementbetweentheUserand
INSTRUCTIONS TO BIDDERS - e Tendering
Merchant.TheseTermsandConditionssupersedeallpriororcontemporaneouscommunicati
onsandproposals,whetherelectronic,oral,orwritten,betweentheUserand
Merchant.AprintedversionoftheseTermsandConditionsandofanynoticegiveninelectronicfo
rmshallbeadmissibleinjudicialoradministrativeproceedingsbaseduponorrelatingtotheseT
ermsandConditionstothesameextentandsubjecttothesameconditionsasotherbusinessdoc
umentsandrecordsoriginallygeneratedandmaintainedinprintedform.
5. Theentriesinthebooksof Merchant and/orthePayment
GatewayServiceProviderskeptintheordinarycourseofbusinessof Merchant
and/orthePayment
GatewayServiceProviderswithregardtotransactionscoveredundertheseTermsandConditio
nsandmattersthereinappearingshallbebindingontheUserandshallbeconclusiveproofofthe
genuinenessandaccuracyofthetransaction.
6. Refund For
ChargeBackTransaction:Intheeventthereisanyclaimfor/ofchargebackbytheUserforanyre
asonwhatsoever,suchUsershallimmediatelyapproach Merchant
withhis/herclaimdetailsandclaimrefundfrom Merchant
alone.Suchrefund(ifany)shallbeeffectedonlyby Merchant
viapaymentgatewayorbymeansofademanddraftorsuchothermeansas Merchant
deemsappropriate.Noclaimsforrefund/chargebackshallbemadebyanyUsertothePayment
Gateway ServiceProvider(s) and in the event such claim is made it shall not be
entertained.
7. In these Terms and Conditions, the term “ChargeBack” shall
mean,approvedandsettledcreditcardornetbankingpurchasetransaction(s)whichareatanyt
imerefused,debitedorchargedbacktomerchantaccount(andshallalsoincludesimilardebitst
o Payment Gateway Service Provider's
accounts,ifany)bytheacquiringbankorcreditcardcompanyforanyreasonwhatsoever,togeth
erwiththebankfees,penaltiesandotherchargesincidentalthereto.
8. Refund forfraudulent/duplicatetransaction(s):TheUsershalldirectlycontact Merchant
foranyfraudulenttransaction(s)onaccountofmisuseofCard/Bankdetailsbyafraudulentindi
vidual/partyandsuchissuesshallbesuitablyaddressedby Merchant
aloneinlinewiththeirpoliciesandrules.
9. Server SlowDown/SessionTimeout:IncasetheWebsiteorPayment
GatewayServiceProvider‟swebpage,thatislinkedtotheWebsite,isexperiencinganyserverrela
tedissueslike „slowdown‟ or „failure‟ or
„sessiontimeout‟,theUsershall,beforeinitiatingthesecondpayment,,checkwhetherhis/herB
ankAccounthasbeendebitedornotandaccordinglyresorttooneofthefollowingoptions:
i. IncasetheBankAccountappearstobedebited,ensurethathe/shedoesnotmakethepaymentt
wiceandimmediatelythereaftercontact Merchant viae-
mailoranyothermodeofcontactasprovidedby Merchant toconfirmpayment.
ii.IncasetheBankAccountisnotdebited,theUsermayinitiateafreshtransactiontomakepaym
ent.
However,theUseragreesthatundernocircumstancesthePaymentGatewayServiceProviders
hallbeheldresponsibleforsuchfraudulent/duplicatetransactionsandhencenoclaimsshould
beraisedtoPaymentGatewayServiceProviderNocommunicationreceivedbythePayment
GatewayServiceProvider(s)inthisregardshallbeentertainedbythePayment Gateway
ServiceProvider.
LimitationofLiability
noticethereof.
2. Merchant and/orthePayment
GatewayServiceProvidersshallnotbeliableforanyinaccuracy,errorordelayin,oromissionof(a
)anydata,informationormessage,or(b)thetransmissionordeliveryofanysuchdata,informatio
normessage;or(c)anylossordamagearisingfromoroccasionedbyanysuchinaccuracy,error,d
elayoromission,non-
performanceorinterruptioninanysuchdata,informationormessage.Undernocircumstances
shallthe Merchant and/orthePayment
GatewayServiceProviders,itsemployees,directors,anditsthirdpartyagentsinvolvedinproces
sing,deliveringormanagingtheServices,beliableforanydirect,indirect,incidental,specialorc
onsequentialdamages,oranydamageswhatsoever,includingpunitiveorexemplaryarisingou
toforinanywayconnectedwiththeprovisionoforanyinadequacyordeficiencyintheprovisionof
theServicesorresultingfromunauthorizedaccessoralterationoftransmissionsofdataorarisi
ngfromsuspensionorterminationoftheServices.
(I)thedelay,failure,interruption,orcorruptionofanydataorotherinformationtransmittedinc
onnectionwithuseofthePaymentGatewayorServicesinconnectionthereto;and/or
(ii)anyinterruptionorerrorsintheoperationofthePaymentGateway.
4. TheUsershallindemnifyandholdharmlessthePayment GatewayServiceProvider(s)and
Merchant
andtheirrespectiveofficers,directors,agents,andemployees,fromanyclaimordemand,oracti
onsarisingoutoforinconnectionwiththeutilizationoftheServices.
TheUseragreesthat Merchant
oranyofitsemployeeswillnotbeheldliablebytheUserforanylossordamagesarisingfromyouruseof
,orrelianceupontheinformationcontainedontheWebsite,oranyfailuretocomplywiththeseTerms
andConditionswheresuchfailureisduetocircumstancebeyond Merchant‟sreasonablecontrol.
MiscellaneousConditions:
Anywaiverofanyrightsavailableto Merchant
undertheseTermsandConditionsshallnotmeanthatthoserightsareautomaticallywaived.
1. TheUseragrees,understandsandconfirmsthathis/herpersonaldataincludingwithoutlimita
tiondetailsrelatingtodebitcard/creditcardtransmittedovertheInternetmaybesusceptibleto
misuse,hacking,theftand/orfraudandthat Merchant orthePayment Gateway
ServiceProvider(s)havenocontroloversuchmatters.
2. Althoughallreasonablecarehasbeentakentowardsguardingagainstunauthorizeduseofanyi
nformationtransmittedbytheUser, Merchant
doesnotrepresentorguaranteethattheuseoftheServicesprovidedby/throughitwillnotresulti
ntheftand/orunauthorizeduseofdataovertheInternet.
INSTRUCTIONS TO BIDDERS - e Tendering
4. TheUsermayberequiredtocreatehis/herownUserIDandPasswordinordertoregisterand/oru
setheServicesprovidedby Merchant
ontheWebsite.ByacceptingtheseTermsandConditionstheUseragreesthathis/herUserIDan
dPasswordareveryimportantpiecesofinformationanditshallbetheUser‟sownresponsibilityt
okeepthemsecureandconfidential.Infurtherancehereof,theUseragreesto;
i. Chooseanewpassword,wheneverrequiredforsecurityreasons.
ii. Keephis/herUserID&Passwordstrictlyconfidential.
iii. BeresponsibleforanytransactionsmadebyUserundersuchUserIDandPassword.
TheUserisherebyinformedthat Merchant
willneverasktheUserfortheUser‟spasswordinanunsolicitedphonecallorinanunsolicitedem
ail.TheUserisherebyrequiredtosignoutofhis/her Merchant
accountontheWebsiteandclosethewebbrowserwindowwhenthetransaction(s)havebeenco
mpleted.ThisistoensurethatotherscannotaccesstheUser‟spersonalinformationandcorresp
ondence when
theUserhappenstoshareacomputerwithsomeoneelseorisusingacomputerinapublicplaceli
kealibraryorInternetcafé.
Debit/CreditCard,BankAccountDetails
1. TheUseragreesthatthedebit/creditcarddetailsprovidedbyhim/herforuseoftheaforesaidSer
vice(s)mustbecorrectandaccurateandthattheUsershallnotuseadebit/creditcard,thatisnotl
awfullyownedbyhim/herortheuseofwhichisnotauthorizedbythelawfulownerthereof.TheUs
erfurtheragreesandundertakestoprovidecorrectandvaliddebit/creditcarddetails.
i. TheUserisfullyandlawfullyentitledtousesuchcredit/debitcard,bankaccountforsuc
htransactions;
ii. TheUserisresponsibletoensurethatthecard/bankaccountdetailsprovidedbyhim/h
erareaccurate;
iii. TheUserisauthorizingdebitofthenominatedcard/bankaccountforthepaymentofTen
derFeeandEarnestMoneyDeposit
iv. TheUserisresponsibletoensuresufficientcreditisavailableonthenominatedcard/ba
INSTRUCTIONS TO BIDDERS - e Tendering
nkaccountatthetimeofmakingthepaymenttopermitthepaymentoftheduespayableo
rthebill(s)selectedbytheUserinclusiveoftheapplicableFee.
PersonalInformation
3. TheUseragreesthat,totheextentrequiredorpermittedbylaw, Merchantand/orthePayment
Gateway
ServiceProvider(s)mayalsocollect,useanddisclosepersonalinformationinconnectionwithse
curityrelatedorlawenforcementinvestigationsorinthecourseofcooperatingwithauthoritieso
rcomplyingwithlegalrequirements.
4. TheUseragreesthatanycommunicationsentbytheUservidee-
mail,shallimplyreleaseofinformationtherein/therewithto
Merchant.TheUseragreestobecontactedviae-mailonsuchmailsinitiatedbyhim/her.
5. Inadditiontotheinformationalreadyinthepossessionof Merchantand/orthePayment
Gateway ServiceProvider(s),
MerchantmayhavecollectedsimilarinformationfromtheUserinthepast.ByenteringtheWebsi
tetheUserconsentstothetermsof
Merchant‟sinformationprivacypolicyandtoourcontinueduseofpreviouslycollectedinformati
on.BysubmittingtheUser‟spersonalinformationtous,theUserwillbetreatedashavinggivenhi
s/herpermissionfortheprocessingoftheUser‟spersonaldataassetoutherein.
6. TheUseracknowledgesandagreesthathis/herinformationwillbemanagedinaccordancewith
thelawsforthetimeinforce.
PaymentGatewayDisclaimer
TheServiceisprovidedinordertofacilitatepaymentofTenderFees/EarnestMoneyDepositonli
ne. The MerchantorthePayment
GatewayServiceProvider(s)donotmakeanyrepresentationofanykind,expressorimplied,asto
theoperationofthePaymentGatewayotherthanwhatisspecifiedintheWebsiteforthispurpose.
Byaccepting/agreeingtotheseTermsandConditions,theUserexpresslyagreesthathis/herus
eoftheaforesaidonlinepayment serviceisentirelyatownriskandresponsibilityoftheUser.
All Contractors enrolled on the Electronic Tendering System of Government of Maharashtra are
provided with dedicated briefcase facility to store documents / files in digital format. The
Contractors can use the online briefcase to store their scanned copies of frequently used
documents / files to be submitted as a part of their bid response. The Contractors are advised to
store the relevant documents in the briefcase before starting the Bid Preparation and Hash
Submission stage.
In case, the Contractors have multiple documents under the same type (e.g. multiple Work
Completion Certificates) as mentioned above, the Contractors advised to either create a single .pdf
file of all the documents of same type or compress the documents in a single compressed file in .zip
or .rar formats and upload the same
It is mandatory to upload the documents using the briefcase facility. Therefore, the Contractors are
advised to keep the documents ready in the briefcase to ensure timely bid preparation
Note: Uploading of documents in the briefcase does not mean that the documents are available to
ADF at the time of Tender Opening stage unless the documents are specifically attached to the bid
during the online Bid Preparation and Hash Submission stage as well as during Decryption and Re-
encryption stage.
INSTRUCTIONS TO BIDDERS - e Tendering
The Contractors can view the Detailed Tender Notice along with the Time Schedule (Key Dates) for
all the Live Tenders released by ADF on the home page of ADF e-Tendering Portal on
https://adf.maharashtra.etenders.in under the section Recent Online Tender.
The Pre-qualification / Main Bidding Documents are available for free downloading. However to
participate in the online tender, the bidder must purchase the bidding documents via online mode
by filling the cost of Tender Form Fee.
Bid preparation will start with the stage of EMD Payment which bidder has to pay onling using
any one online pay mode as RTGS , NEFT or payment getway .
For EMD payment, If bidder useNEFT or RTGS then system will generate a challan (in two copies).
with unique challan No specific to the tender. Bidder will use this challan in his bank to make
NEFT/RTGS Payment via net banking facility provided by bidder‟s bank.
Bidder will have to validate the EMD payment as a last stage of bid preparation. If the payment is
not realised with bank, in that case system will not be able to validate the payment and will not
allow the bidder to complete his Bid Preparation stage resulting in nonparticipation in the aforesaid
eTender.
Note:
* Help File regarding use of ePayment Gateway can be downloaded from eTendering portal.
Submission of Bids will be preceded by online bid preparation and submission of the digitally
signed Bid Hashes (Seals) within the Tender Time Schedule (Key Dates) published in the Detailed
Notice Inviting Tender. The Bid Data is to be prepared in the templates provided by the Tendering
Authority of ADF. The templates may be either form based, extensible tables and / or uploadable
documents. In the form based type of templates and extensible table type of templates, the
Contractors are required to enter the data and encrypt the data using the Digital Certificate.
In the uploadable document type of templates, the Contractors are required to select the relevant
document / compressed file (containing multiple documents) already uploaded in the briefcase.
Notes:
a. The Contractors upload a single document or a compressed file containing multiple documents
against each unloadable option.
b. The Hashes are the thumbprint of electronic data and are based on one – way algorithm. The
Hashes establish the unique identity of Bid Data.
c. The bid hash values are digitally signed using valid Class – II or Class – III Digital Certificate
issued any Certifying Authority. The Contractors are required to obtain Digital Certificate in
advance.
d. After the hash value of bid data is generated, the Contractors cannot make any change / addition
INSTRUCTIONS TO BIDDERS - e Tendering
in its bid data. The bidder may modify bids before the deadline for Bid Preparation and Hash
Submission as per Time Schedule mentioned in the Tender documents.
e. This stage will be applicable during both, Pre-bid / Pre-qualification and Financial Bidding
Processes.
5.Close for Bidding (Generation of Super Hash Values):
After the expiry of the cut – off time of Bid Preparation and Hash Submission stage to be completed
by the Contractors has lapsed, the Tender will be closed by the Tender Authority.
The Tender Authority from ADF shall generate and digitally sign the Super Hash values (Seals).
After the time for generation of Super Hash values by the Tender Authority from ADF has lapsed,
the Contractors have to make the online payment of Rs. 1,038/- towards the fees of the Service
Provider.
After making online payment towards Fees of Service Provider, the Contractors are required to
decrypt their bid data using their Digital Certificate and immediately re-encrypt their bid data using
the Public Key of the Tendering Authority. The Public Key of the Tendering Authority is attached to
the Tender during the Close for Bidding stage
Note: The details of the Processing Fees shall be verified and matched during the Technical
Opening stage.
At this time, the Contractors are also required to upload the files for which they generated the Hash
values during the Bid Preparation and Hash Submission stage.
The Bid Data and Documents of only those Contractors who have submitted their Bid Hashes
(Seals) within the stipulated time (as per the Tender Time Schedule), will be available for decryption
and re-encryption and to upload the relevant documents from Briefcase. A Contractor who has not
submitted his Bid Preparation and Hash Submission stage within the stipulated time will not be
allowed to decrypt / re-encrypt the Bid data / submit documents during the stage of Decryption
and Re-encryption of Bids (submitting the Bids online).
The Tendering Authority will first open the Technical Bid documents of all Contractors and after
scrutinizing these documents will shortlist the Contractors who are eligible for Financial Bidding
Process. The shortlisted Contractors will be intimated by email.
The Contractors may remain present in the Office of the Tender Opening Authority at the time of
opening of Financial Bids. However, the results of the Financial Bids of all Contractors shall be
available on the ADF e-Tendering Portal immediately after the completion of opening process.
The Contractors are strictly advised to follow the Dates and Times allocated to each stage under the
column “Contractor Stage” as indicated in the Time Schedule in the Detailed Tender Notice for the
Tender. All the online activities are time tracked and the Electronic Tendering System enforces
time-locks that ensure that no activity or transaction can take place outside the Start and End
Dates and Time of the stage as defined in the Tender Schedule.
INSTRUCTIONS TO BIDDERS - e Tendering