Maharashtra Tourism Development Corporation Ltd.

Express Tower, 9th Floor, Nariman Point, Mumbai 400 021

TENDER FOR SUPPLY OF 2/4 SEATER PADDLE BOATS, MOTOR BOATS & WATER SCOOTERS & OBMS

No. MTDC / ADV.SPORTS/290/V&JDurg/Equip./2006

Issued To

INDEX
1. 2. 3. Tender Notice 2 3-12

General Terms and Conditions Specifications of the water sports equipments Annexure-A -

13-14 15 16 17-22 23

4. 5. 6. 7.

Envelope No.1 (Technical Bid) Envelope No.2 Articles Agreement Time Table -

TENDER NOTICE Maharashtra Tourism Development Corporation , Mumbai invites sealed competitive tender from reputed and experienced manufacturers and suppliers agencies for the supply of 2/4 Seaters Paddle Boats, Motor Boats, Water Scooters and Out Board Motors as per the requirement and specifications attached (Annexure `A).

Last date for Receipt of Bids : 5.00 P.M. 18/08/2006 Earnest Money Deposit (E.M.D.): Rs. 50,000/- (Ruppes Fifty Thousand only)

This tender will be on two cover system. Cover I should contain the Technical bid and E.M.D. as specified. The technical bid should include details of the agency such as type of firm, previous experience in the field. List of supplies made with name of the client, cost of supply. Date of supply, copy of documents to show experience etc. and should contain the existing arrangements for after sales service in Maharashtra.

The dimensions, capacity, Engine power etc. may be as close as possible to the specifications. Cover No. II should contain the price bid quoting the price amount of the supply of the above items taxes as applicable. Cover No. I and II enclosed in another cover super scribed Tender for Supply of Boats for Tourism promotional activities. at Vijaydurg and Jaigad and addressed to the Manager (Adv) MTDC Express Tower, 9th Floor,Nariman Point,Mumbai 400 021 and should reach to the above address on or before 18/08/2006 at 05.00 p.m. The offers so received in response to this notice shall be opened on 22/08/2006 at 03.00 p.m. on the above address in the presence of such of the tenderes of their authorized representatives who may remain present.

The tender form should be accompanied by a cash remittance receipt or a demand draft from any nationalized bank payable to the MTDC, Ltd. at Mumbai for an amount of Rs. 500/- which is the price fixed for the tender forms and which is not refundable under any circumstances. These tender forms are not transferable. Sale of tender forms will be closed at 4.00 p.m. , 18/08/2006

The Maharashtra Tourism Development Corporation

reserves the right to accept

or reject any or all bids without assigning any reason what so ever.

Sd/ Managing Director MTDC, Mumbai

General Terms Conditions :-

Sealed tenders are invited for the supply of the materials as specified in the Annexure-A.

1.

The tenders should be addressed to the Manager (Adv), Maharashtra Tourism Development Corporation , Mumbai, in a sealed cover with the tender number and name Tender for supply of various types of boats super scribed on the cover.

2.

The tender is to be given in two cover system as stated in the tender notice and should be in the prescribed form which can be obtained from Manager (Adv/Sp) Maharashtra Tourism Development Corporation, Express Towers, 9th floor, Nariman Point, Mumbai-400 021, on payment of the price of Rs. 500/Duplicate copies of tender forms will also be issued at the rate of Rs. 500/- on request. The cost of tender forms once paid will not be refunded . Tenders which are not in the prescribed form are liable to be rejected. The rates quoted should be only in Indian currency.

3.

Intending tenderes should send their tenders in such a way to reach the same to Manager (Adventure Sports) before due date and time is 5.00 P.M. No tender on 18/08/2006 will be accepted thereafter. The rates will be considered firm for acceptance for a period of 120 days from the date of last date of tender receipt. Tenders with price variation clause or any other condition will be rejected.

4.

(a) Every tenderer should send along with his tender, an earnest money of Rs. 50,000/- (Rupees Fifty Thousand only). The amount may be paid by Demand Draft from any nationalized bank, payable at Mumbai to the Maharashtra Tourism Development Corporation Ltd. . Cheques will not be

Signature of Bidder

accepted. The earnest money of the unsuccessful tenderes will be returned within a period of one month after the tenders are settled; but that of the unsuccessful tenderes will be adjusted towards the security that will have to be deposited for the satisfactory fulfilment of the contract.

(b) Tenderers

whose names are registered with Government (Stores /Purchase

Department) are generally exempted from furnishing earnest money for such articles for which they have registered their names. If their registration is not relating to supply of Boats and related equipments/items they will have to furnish earnest money as in the case of unregistered firms. In such case registered firms will have to quote invariably in every tender the registration number assigned to them by the Stores/Purchase Department and also enclose copy of the current valid registration certificate.

(c) Small Scale Industries / Cottage industries and industrial co-operatives within the State which are certified as such by the Director of Industries and Commerce or by the Regional Joint Directors of Industries and Commerce will be exempted from furnishing earnest money deposits in support of tenders submitted by them to Government Departments. The exemption stipulated above will be applicable only for the tenders for the Supply of items manufactured by them. In other cases E.M.D. has to be remitted without which the tender will not be considered.

5. The tenders will be opened at 22/08/2006 at 03.00 p.m. in the presence of such of those tenders or their nominees who may be present at that time. Only cover No. I will be opened. Technical Bids accompanied by EMD or proper document for exemption will be evaluated by the committee appointed for this purpose. If modification are required the same will be intimated to the bidders in writing.

Signature of Bidder

6.

If any tenderes withdraw from his tender before the expiry of the period fixed for keeping the rates firm for acceptance, the earnest money if any deposited by him will be forfeited.

7.

Tenderes shall invariably specify the delivery conditions including the time for the supply of each articles tendered for. The total time allowed for the supply at locations is 3 (three months) from the date of issue of purchase order.

8.

The tenderers shall clearly specify whether the goods are offered from indigenous sources, from imported stocks in India or from foreign sources to be imported under a license. The Maharashtra Tourism Development Corporation reserves the right to reject offers for import of goods if the Import Trade Control Policy in force at the time of award of the contract prohibits or restricts such imports.

9.

The final acceptance of the tenders rests entirely with the Managing Director, Maharashtra Tourism Development Corporation who do not bind themselves to accept the lowest or any tender. But the tenders on their part should be prepared to carry out such portion of the supplies included in their tenders as may be allotted to them.

10.

The successful tenderers should be prepared to guarantee

satisfactory

performance of these boats for a period of 1 year for which he has to execute a performance guarantee bond .

11.

Communication of acceptance of the tender normally constitutes a concluded contract. Nevertheless. the successful tenderer shall also execute an agreement of the due fulfilment of the contract with in the period to be specified in the letter of acceptance. The contractor shall have to pay all stamp duty, lawyers charges and other expenses, incidental to the execution of the agreement . Failure to execute the agreement within the period specified will entail the penalties set out in para 12 below.

Signature of Bidder

12.

(a) The successful tenderer shall , before signing the agreement and within the period specified in the letter of acceptance of his tender, deposit a sum equivalent to 5 % of the value of the contract as security for the satisfactory fulfilment of the contract less he amount of money deposited by him along with his tender as E.M.D. The amount of security may be deposited in the form of D.D. from any Nationalised Bank payable to the Maharashtra Tourism Development Corporation Ltd. Mumbai.

The successful tenderer can also furnish Bank Guarantee in the prescribed form issued by any Nationalised bank for an equal amount towards security deposit. The Bank guarantee should be valid for the execution and guarantee periods. If the successful tenderer fails to deposit the security and execute the agreement as stated above, the earnest money deposited by him will be forfeited to Maharashtra Tourism Development Corporation and contract arranged elsewhere at the defaulters risk and loss incurred by MTDC on account of the purchase will be recovered from the defaulter.

(b) In cases where a successful tenderer, after having made partial supplies fails to fulfil the contracts in full, all or any of the materials not supplied may at the discretion of the Purchasing Officer, be purchased by means of another tender quotation or by negotiation or from the next higher tenderer who had offered to supply already and the loss, if any caused to the Maharashtra Tourism Development Corporation shall there by together with such sums as may be fixed by the Managing Director, Maharashtra Tourism Development Corporation , Govt. of Maharashtra towards damages be recovered from the defaulting tenderer.

(c) Even in cases where in alternate purchases are arranged for the materials not supplied, the proportionate portion of the security deposit based on the cost of the materials not supplied at the rate shown in the tender of the defaulters shall be forfeited and balance alone shall be refunded.

Signature of Bidder

(d) If the contractor fails to deliver all or any of the stores or perform the service within the time/period(s) specified in the contract, the purchaser shall without prejudice to its other remedies under the contract , deduct from the contract price as liquidated damages, a sum equivalent to 1 % of the delivered price of the delayed material or unperformed services for each day of delay until actual delivery or performance, upto a maximum deduction of 10% of the contract prices of the delayed material.

Once the maximum is reached the purchaser may consider termination of the contract at the risk and cost of the contractor.

13.

The security deposit shall, subject to the conditions specified herein, be returned to the contractor after the expiration of 1 year guarantee period, but in the event of any dispute arising between the Maharashtra Tourism Development Corporation Ltd., and the contractor, the Corporation shall be entitled to deduct out of the deposits or the balance thereof, until such dispute is determined and the amount of such damages, costs, charges and expenses as may be claimed. The same may also be deducted from any other sum which may be due at any time from Maharashtra Tourism Development Corporation Ltd., to the contractor. After the guarantee period the tender shall enter into annual maintenance contract for maintaining the supplied items on mutually agreed terms and conditions.

14.

Subject to the owners (Maharashtra Tourism Development Corporation Ltd.,) right to accept any tender and to reject any or all tenders, the owner will award the contract to the tender whose bid has been determined to substantially responsive to the tender documents provided that the tender has the capacity and resources to carry out the contract effectively.

E.M.D. and Security amounts will not bear any interest what so ever.

Signature of Bidder

15.

(a) All the payments to the contractors will be made by the Purchasing Officer and shall be made as Demand Draft or as departmental Cheque . (b) All incidental expenses incurred by the Maharashtra Tourism Development Corporation Ltd., for making payments outside the district in which the claim arises shall be born by contractor.

16.

The tenderers shall quote also the percentage of rebate (discount) offered by them in case the payment is made promptly within fifteen days/within one month of taking delivery of material.

17.

Payments will be made only after the supplies are actually verified and taken to stock by the Maharashtra Tourism Development Corporation Ltd., Officer Camp Manager of Regional Offices.

18.

The contractor shall not assign or make over the contract on the benefits or burdens thereof to any other person or body corporate. The contractor shall not underlet or sublet to any person or body corporate. The contractor shall not underlet to any person or persons or body corporate the execution of the contract or any part thereof without the written consent of the purchasing officer who shall have absolute power to refuse such consent or to rescind such consent (if given) at any time if he is not satisfied with the manner in which the contract is being executed and no allowance or compensation shall be made to the contractor or the sub-contractor upon such rescission. Provided always obligation, duty or responsibility under this contract.

19.

In case of contractor becomes insolvent or goes into liquidation, or makes or proposes to make any assignment for the benefit of his creditors or proposes any composition with his credition for the settlement of his debts, carries on his business or the contract under inspection on behalf of or his creditor s, or in case any receiving order or orders , for the administration of his estate are made against him or in case the contractor shall commit any act of insolvency or in case in which under any clause or clauses or this contract the contractor shall

Signature of Bidder

have rendered himself liable to damages amounting to the whole of his security deposits the contract shall, thereupon , after notice given by the Purchasing officer to the contractor, be determined and the Maharashtra Tourism Development Corporation may complete the contract in such time and manner and by such persons as the Corporation shall think fit. But such determination of the contract shall be without any prejudice to any right or remedy of the Corporation against the contractor. All expenses and damages caused to the Maharashtra Tourism

Development Corporation, Govt. of Maharashtra by any breach of contract by the contractor shall be paid by the contractor to Maharashtra Tourism Development Corporation , and may be recovered from him under the provisions of the

Recovery Act in force in the State.

20.

(a) In case the contractor fails to supply and deliver any of the said articles and thins within the time provided for deliver of the same or in case the contractor commits any breach of any of the contracts, stipulations and agreements herein contained, and on his part to be observed and performed, then and in any such case, it shall be lawful for the Maharashtra Tourism Development Corporation ( if they shall think fit to do so) to arrange for the purchase of the said articles and things from elsewhere or on behalf of the Maharashtra Tourism Development Corporation Ltd. by an order in writing under the hand of the Manager ( ADV) Maharashtra Tourism Development Corporation Ltd. put an end to or in case any difference in price , compensation, loss, costs , damages, expenses or other moneys shall then or any time during the continuance of this contract be payable by the contractor to the Maharashtra Tourism Development Corporation Ltd. from and out of any moneys for the time being payable or owing to the contractor from the Maharashtra Tourism Development Corporation Ltd. under or by virtue of this contract or other wise to pay and reimburse to the MTDC all such costs, damages and expenses they may have sustained, incurred or been put to by reason of the purchase made elsewhere or be reason of this contract in price, compensation, loss, costs, damages, expenses, and other moneys as shall for the time being payable by the contractor aforesaid.

(b) In case any difference or dispute arises in connection with the contract, all legal proceedings relating to the matter shall be instituted only in the court at Mumbai. Arbitration shall be a means to settle any dispute.

Signature of Bidder

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21.

Any sum of money due any payable to the contractor ( including security deposit returnable to him) under this contract may be appropriated by the Manager (ADV) Maharashtra Tourism Development Corporation Ltd. or any other person authorized by Maharashtra Tourism Development Corporation Ltd. and set off against any claim of the Manager (ADV) or any other authorised Officer of the Maharashtra Tourism Development Corporation Ltd.for the payment of a sum of money arising out of or under any other contract made by the contractor with the Manager (ADV) or any other

authorised Officer of the Maharashtra Tourism Development Corporation Ltd. Any sum of money due and payable to the successful tender or contractor from Maharashtra Tourism Development Corporation Ltd.shall be adjusted against any sum of money due to Maharashtra Tourism Development Corporation Ltd. from him under any other contracts.

22.

Every notice hereby required or authorized to be given may be either given to the contractor personally or left at him residence or last known place of abode or business, or may be handed over to his agent personally, or may be addressed to the contractor by post at his usual or last known place of abode or business and if so addressed and posted shall be deemed to have served on the contractor on the date on which , in the ordinary course of post, a letter so addressed and posted would reach his place abode or business.

23.

The tenderer shall undertake to supply materials according to the standard sample and/or specifications.

24.

No representation for enhancement of rates one accepted will be considered.

25.

Any attempt on the

part of the tenderers or their agents to influence the

Maharashtra Tourism Development Corporation Ltd. in their favour by personal canvassing with the Officers concerned will disqualify the tenderers.

Signature of Bidder

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26.

Tenderers should be prepared to accept orders subject to the penalty clause for forfeiture of security in the event of default in supplies or failure to supply within the stipulated period.

27.

Telegraphic quotations will not be considered unless they give details of prices and are immediately followed by confirmations with full relevant details posted before the due date of the tender.

28.

The prices quoted should be inclusive of all taxes, VAT, duties, cesses etc. and delivery at the given destination as detailed in Annexure-A. which are of may become payable by the contractor under existing or future laws or rules of the country of origin/supply or delivery during the course of execution of the contract.

29.

The tenderer will invariably furnish the following certificate with their bills for payment : Certified that the goods on which Sales Tax Act per the State Sales Tax Act or the Rules made there under and the charges added on account of sales tax on account of sales ta on these goods are correct under the provisions of the relevant Act or the rules made hereunder. Certified further that we or Branch or Agent. (Address) _______________________________________________________ ________________________________________________________________ are registered as dealers /suppliers in the State of Maharashtra or ________________ under Registration No. _______________ for the purpose of Sales Tax/VAT.

30.

Special conditions if any, if any, of the tenderes attached with the tenders will not be applicable to the contract unless they are expressly accepted in writing by the purchaser.

31.

The tenderer should send along with his tender an agreement executed and signed in Maharashtra Stamp Paper of value Rs. 50/- purchased in Maharashtra state. (As shown in page 16) Tenders without the agreement in stamped paper will be rejected outright.

Signature of Bidder

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32.

The tenderer should have completed atleast one similar single supply for a minimum value of 50% of the present tender value , within the last 3 financial years.

33.

The tenderer should have necessary station service personal with spares to look after the maintenance of the supplied items.

34.

The initial registration of the boats and other formalities shall be carried out by the supplier on behalf of Maharashtra Tourism Development Corporation at no extra cost. All statutory requirements needed for registration shall be specified in the offer.

35.

The tenderer should be ISO 9000 certified as all accessories , services and systems being adopted in the manufacturing unit shall be of good quality and shall have accepted test certification. The copy of the certification shall be attached for reference..

36.

The tenderers should note that if the boat fails to achieve the maximum speed in the trials, 5% of its cost shall be imposed as penalty for every drop of knot speed at the purchasers discretion.

Signature of bidder

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SPECIFICATIONS OF THE WATERSPORTS EQUIPMENTS

ANNEXURE - A
1) Paddle Boat Material 2 Seater 5 Nos. 4 Seater 5 Nos.

Length Breadth Depth Construction:

Fibre Glass CSM 300, CSM450, WR610, Marine grade polyster resin. Marine plywood. Isothalic gelcoat 10 (approx.) 10 (approx.) 5.6 1.6 5.6 +

The hull is to be constructed in GRP and fully strengthened . Hull to be made out of single mould with mirror finish having single planning hull configuration. Deck to be made out of marine plywood with Fibre glass sheathing with moulded colour.

Note : The Design /drawing and construction of the boat to be approved by I.R.S. Certificate issued by I.R.S. should be provided along with the boat.

2)

Wate Scooter Material

5 N0s. Fibre Glass CSM 300, CSM450, WR610, Marine grade polyster resin. Marine plywood. Isothalic gelcoat 9.6 (approx.) 5.1 (approx.) 2.4 (approx.) 90 Kgs. (approx.) 3 (approx.) The hull is to be constructed in GRP and fully strengthened . Hull to be made out of single mould with mirror finish having single planning hull configuration. Deck to be made out of marine plywood with Fibre glass sheathing with moulded colour.

Length Width Height Weight Draft Construction:

Note : The Design /drawing and construction of the boat to be approved by I.R.S. Certificate issued by I.R.S. should be provided along with the boat.

3)

Arrow Speed Boat 2 Nos.

(6 Seaters)

Material

Fibre Glass CSM 300, CSM450, WR610, Marine grade polyster resin. Marine plywood. Isothalic gelcoat

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Length Breadth Depth Construction

4.88 Mtrs. 1.88 Mtrs. 0.50 Mtrs.

4.

The hull is to be constructed in GRP and fully strengthened. Hull to be made out of single mould with mirror finish having single planning hull configuration. Deck to be made out of marine plywood with Fibre glass sheathing with moulded colour. Note : The Design/drawing and construction of the boat to be approved by I.R.S. Certificate issued by I.R.S. should be provided along with the boat. Motor Boat (Fibre Glass) with wind screen & Dash 2 Nos. Board(8 to 10 seaters) Material Length Breadth Depth Construction Fibre Glass CSM 300, CSM450, WR610, Marine grade polyster resin. Marine plywood. Isothalic gelcoat

9.6 5.10 2.10

The hull is to be constructed in GRP and fully strengthened. Hull to be made out of single mould with mirror finish having single planning hull configuration. Deck to be made out of marine plywood with Fibre glass sheathing with moulded colour. Note : The Design/drawing and construction of the boat to be approved by I.R.S. Certificate issued by I.R.S. should be provided along with the boat. Out Board Motors (Monitor) 15 HP Kerosene 25 HP Kerosene 40 HP Kerosene 5 Nos. 2 Nos. 2 Nos.

Note : The Out Board Motors to be approved & Certificate of ISO 9000 should be provided along with the OBM. NOTE : Destination - For Jaigad Ganapatipule, Dist. Ratnagiri. For Vijaydurg Tarkarli, Dist. Sindhudurg

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ENVELOPE NO. 1

Tender Notice No.

1. 2. 3.

Name of Company /firm Registered Address : EMD Detailed of D.D. or Cash Receipt or copy of National Small Scale Industry Certificate

4.

Brief Biodata

i. Giving Company /Firms history ii. Type of equipment manufactured. iii. Supply of Equipment made to different Private /Govt. Concerns in last five years.

Name & Designation of Signing Authority

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ENVELOPE NO. 2

Tender Notice No.

1. 2.

Name of Company / Firms : Address :

Offers

Sr. No.

Cost Per Unit Name of Equipment Quantity (inclusive of all) Total

Taxes, Octroi etc. if any.

Name & Designation of Signing Authority

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(AGREEMENT TO BE EXECUTED AND SIGNED IN MAHARASHTRA STAMP PAPER OF VALUE RS. 50 /PURCHASED IN MAHARASHTRA STATE )
AGREEMENT
Agreement executed on this _____ day of ________________ month 2006 BETWEEN Maharashtra Tourism Development Corporation Ltd., having its registered office at Express Towers, 9th floor, Nariman Point, Mumbai-400 021 (hereinafter called the Purchaser) and M/s. ____________________________________________ having its registered office at __________________________________________ (hereinafter called the contractor).

WHEREAS the successful bidder has tendered for the supply of water sports equipments for the use of Maharashtra Tourism Development Corporation Ltd. as per the Tender Notification No. MTDC/ADV-Sports/290/V&JDurg/Equip/2006, dated

_______________, which tender notification shall form part of this Agreement as if incorporated herein.

AND WHEREAS the Maharashtra Tourism Development Corporation Ltd. has been pleased to accept the offer subject to the conditions stipulated in the Supply order ( which shall form part of this agreement as if incorporated herein) in respect of the articles mentioned therein .

AND WHEREAS the successful bidder has as security for the due fulfilment of his obligations under this deed deposited Rs. 50,000/ - (Rupees Fifty thousand only) being the maximum security required in DDs.

NOW THESE PRESENTS WITNESS AS FOLLOWS .

(A) The contractor agrees to supply according to standard specifications and rates in the schedule appended and as per the Annexure A of the bid document.

Seating arrangement as shown in the approved Arrangement Drawing by ( I.R.S.)

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Construction : -

The hull is to be constructed in GRP and fully strengthened . Hull to be made out of single mould with mirror finish having single planning hull configuration. Deck to be made out of marine plywood with Fibre glass sheathing with moulded colour.

Approved quality materials : Fibre Glass CSM 300, CSM450, WR610, Marine grade polyster resin. Marine plywood. Isothalic gelcoat

The Design /drawing and construction of the boat to be approved by the Indian Register of Shipping (IRS). Certificate issued by IRS should be provided along with the boat.

Interiors:-

All type of boats forward facing seating arrangements as per the capacity mentioned in Specification Annexure A.

Non-skid fibre glass flooring for walking area. All round rubber fender of 2 x 1 1/499 size. Nos. of Oar. Stainless steel pipe forward where as necessary.

O.B.M.S. :-

All engine should be (Less Polluting) OBM of Yamaha /Suzuki/Mercury with Jonsons electric start and remote steering system. Engine should be automatically lifted using 12 v Battery. Engine supplied should be locally serviceable.

Lifebuoys,life jackets and as per the capacity of the boat.

Foldable conopy with G.I. Tubular frame for motors boats and Arrow Boats.

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(B)

The successful bidder hereby declares that the goods sold to the buyer under

this contract shall be of the best quality and workmanship and shall be strictly in accordance with the specifications and particulars contained in the copy of the order attached herewith and the contractor hereby guarantees that the said goods would continue to conform to the description and quality aforesaid for a period of one year from the date of delivery of the said goods to the Maharashtra Tourism Development Corporation at Ganpatipule and Tarkarli and that not withstanding the fact the officer , Maharashtra Tourism Development Corporation or his

representative may have inspected and/or approved the said goods, if during the aforesaid period of one year the said goods be discovered not to conform to the description and quality aforesaid or have deteriorated ( and the decision of the Managing Director , Maharashtra Tourism Development Corporation in that behalf will be final and conclusive ) the Maharashtra Tourism Development Corporation will be entitled to reject the said goods or such portion thereof as may be discovered not to conform to the said description and quality. On such rejection the goods will be at contractors risk and all the provision herein contained relating to rejection of goods etc. shall apply. The contractor shall if so called upon to do , replace the goods, etc., or such portion thereof as if rejected by the Maharashtra Tourism Development Corporation such damages as may arise by reason of the breach of the condition herein contained. Nothing therein contained shall prejudice any other right of the Maharashtra Tourism Development Corporation in the behalf under this contract or otherwise.

2.

Request for enhancement of rates once accepted will not be considered. Conditions of sale or other special terms and conditions, if any, printed on the quotation sheets of the tenderer or attached with the contractors tender or any of the letter or paper from the successful tenderer will not govern this contract nor bind the Maharashtra Tourism Development Corporation in any manner whatsoever unless such terms have been expressly accepted by the Purchaser in writing.

3.

The article and quantities to be supplied are shown in the Annexure-A.

The

successful bidder agrees to supply the quantities of the articles shown in the order at the rate rendered by him for each article within the time fixed duly delivered at destined point/s in condition.

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4.

The successful bidder agrees that time is the essence of this contract and supply will be completed within a period of 3 months from the 7th day after receipt of letter of acceptance.

5.

(A) If the successful bidder defaults in the supply of all or any of the articles correctly and promptly as indicated above the Maharashtra Tourism Development Corporation are at liberty to procure the same article of the specified specification and quality from else where without cancelling the contract as a whole. If Maharashtra Tourism Development Corporation incur, in thus procuring such materials a higher cost than the agreed rate, such excess cost may be deducted by the Maharashtra Tourism Development Corporation from the contractors bill adjusted or otherwise realized from his security deposit or recovered from him by other means. The contractor agrees that he shall not be entitled to claim the excess, if any, of the tendered rate over such cost to the corporation (B) If the successful bidder fails to deliver all or any of the stores or perform

the service within the time/period (s) specified in the contract, the purchaser shall without prejudice to its other remedies under the contract, deduct form the contract price as liquidated damages, a sum equivalent to 1 % of the delivered price of the delayed stores or unperformed services for each week of delay until actual delivery or performance, up to a maximum of 10% of the contract prices of the delayed stores or services. once the maximum is reached, the purchaser may consider termination of the contract at the risk and cost of the contractor. 6. (A) All payments to the successful bidder for supplies effected satisfactorily will be made after scrutiny of his bills. The payments shall be by account payee cheques payable to contractors address. 7. All incidental expenses incurred by the Maharashtra Tourism Development Corporation for making payment outside the District in which the claim arises shall be borne by the successor. 8. The successor shall not assign or make over in part or wholly the contract or the benefits or burdens thereof. The successor shall not underlet or sublet the execution of the successor or any part thereof without the consent in writing of the Maharashtra Tourism Development Corporation. The Corporation shall have absolute power to refuse such consent or rescind such consent ( if given) at any time. The successor shall not be relieved from his obligation, duty or responsibility

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under this contract even if consent to let or sublet is given by the Maharashtra Tourism Development Corporation. 9. NOTWITHSTANDING the provisions contained in clause 5, the Corporation shall have the right to cancel the contract for any default on the part of the contractor in due performance thereof. 10. It shall be lawful for the Maharashtra Tourism Development Corporation from and out of any moneys for the time being payable or due to the successor from the Department of Tourism under this contract or otherwise to set off any loss or expense, cost or damages sustained or incurred by the Corporation by reason of the cancellation of the contract. 11. The security deposit shall subject to the conditions specified herein be returned to the successor within three months after the expiration of the guarantee period of one year. 12. The successor agrees that any communication addressed to him may be handed over to him or his representative personally or left at his residence or place of business or may be sent by prepaid post to his address as mentioned in this deed. 13. In case the supply of articles involves erection of machinery the successor agrees that the machinery will be erected within the time and deliver the full unit at the place specified by the Managing Director Maharashtra Tourism Development Corporation. It shall also be the duty and responsibility of the successor to see that all required documents for pontoons to be inspected and registered by the competent authorities at the respective places are given along with the supply and render all required assistance to Corporation for this and also see that unit is in good working condition to the satisfaction of the person duly authorized by the Managing Director, Maharashtra Tourism Development Corporation and to ensure the proper functioning of the unit till the guarantee period is over. 14. The successor agrees that all sums found due to the Maharashtra Tourism

Development Corporation under or by virtue of these presents shall be recoverable form him and his properties, movable and immovable, under the provisions of the or in any other manner and within such time as the Maharashtra Tourism Development Corporation may deem fit. The contractor agrees that in deciding

what sum of money is due from the contractor under or by virtue of this agreement, the decision of the Corporation shall be final and conclusive and shall be binding on the successor.

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15.

The successor agrees that any sum of money due and payable to him from Maharashtra Tourism Development Corporation shall be adjusted against any sum of money due to Department of Tourism from him under any other contracts. Arbitration shall not be a means to settle any dispute in the case and only Civil Courts having jurisdiction over Mumbai will be competent to settle any disputes.

16.

The successor agrees to sign a contract to service the supplied products for a period of one year free of cost and later sign a annual maintenance contract with Maharashtra Tourism Development Corporation for necessary maintenance.

17.

The successor also aggress to have necessary station service personnel to look after the maintenance of the supplied items with necessary spares in stock at ___________________.

18.

In all other matters the Indian Contract Act 1996 shall be in force.

IN WITNESS WHEREOF the Contractor Shri ___________________________________ (name and designation ) for and on behalf of the Maharashtra Tourism Development Corporation, Maharashtra hereunto set their hand.

Signed , sealed and delivered by ____________________________________ (Contractor) In the presence of Witness 1) _____________________________________ 2) _____________________________________

Signed, and delivered by ____________________________ Maharashtra Tourism Development Corporation Mumbai Maharashtra State for and behalf of the Maharashtra Tourism Development Corporation on behalf of the Maharashtra Tourism Development Corporation Ltd. In the presence of witness 1) _____________________________________ 2) _____________________________________

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TIME TABLE

Tender No: No. MTDC / ADV.SPORTS/290/V&JDurg/Equip./2006 For The Supply of Fibre 2/4 PaddleBoats, Motor Boats & WaterScooter & OBMs. Date of issue of Tender forms : 1st August 2006 between 10.30. a.m. 4.30 p.m.

Due date and time for receipt of tender : 18th August 2006, 5.00 P.M. Date and Time for opening of Tender Price of Tender Form Price of duplicate copy : 22nd August 2006, 3.00 p.m. P.M(1st Envelop) : Rs. 500 /: Rs. 500/-

Address of office from Tender forms are to be obtained and to whom tenders are to be sent :To, Manager (ADV) Maharashtra Tourism Development Department Express Tower, 9th Floor, Nariman Point, Mumbai 400 021