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Chapter 1
Important:
Tenderer[s] are requested to read the instructions carefully and submit
the Offer[s].Non-Compliance to Commercial Terms and Conditions will
result in rejection of the Offer[s].
Guidelines to be complied in accordance to the Latest Orders issued by Govt. of India
1. BidSecurity/EarnestMoneyDeposit
(i) The amount of bid security/EMD shall be NIL
a)In case of Indigenous Bidder :
(ii) In lieu of bid security the bidder has to give Bid Securing Declaration as per format provided.
2. Eligible Bidders
• The bids shall be in Indian National Rupees (INR) only in respect of local content only.
• The bidder shall have to be an entity registered in India in accordance with law.
• ‘Class-I & Class II local suppliers’ are only eligible to participate in this tender.
Public Procurement (Preference to Make in India):
Purchase preference to Local suppliers as per Make in India procurement policy of Govt. of India and Department for Promotion of Industry and Internal Trade (DPIIT) order No. P-45021/2/2017-PP (BE-II) dated 04thJune, 2020 &16th September 2020.
A. Eligibility of ‘Class-I local supplier’, ‘Class-II local suppler’ and ‘Non-local supplier’
a) Only Class-I local suppliers are eligible to participate in tender if there is sufficient local capacity and local competition irrespective of the purchase value. L1 bidder amongst Class-I local suppliers shall be awarded contract subject to meeting other requirements as per tender.
b) In procurement of all goods or services not covered above, with the estimated value of purchases less than Rs. 200 Crore, only ‘Class-I local supplier’ and ‘Class-II local suppler’, as defined under the order referred, shall be eligible to bid.
B. Estimated value of procurement of tendered goods is below Rs.200 Crore and it is not a Global Tender:
a) Tendered goods are divisible in nature, the following procedure shall be followed to evaluate L1
With the margin of purchase preference of 20% to Local supplier:
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a Class-I local supplier, the contract for full quantity will be awarded toL1.
ii. If L1 bid is not from a Class-I local supplier, 50% of the order quantity shall be awarded to L1.Thereafter, the lowest bidder among the Class-I local suppliers, will be invited to match the L1price for the remaining 50% quantity subject to the local supplier’s quoted price falling within the margin of purchase preference, and contract for that quantity shall be awarded to such local supplier subject to matching the L1 price. In case such lowest eligibleClass-I local supplier fails to match the L1 price or accepts less than the offered quantity, the next higher Class-Ilocal supplier within the margin of purchase preference shall be invited to match the L1 price for remaining quantity and so on, and contract shall be awarded accordingly. In case some quantity is still left uncovered on local suppliers, then such balance quantity may also be ordered on the L1 bidder.
b) Tendered goods are not divisible in nature, the following procedure shall be followed to evaluate L1 and award of contract:
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a Class-I local supplier, the contract will be awarded to L1.
ii. If L1 is not from a Class-I local supplier, the lowest bidder among the Class-I local suppliers, will be invited to match the L1 price subject to local supplier's quoted price falling within the margin of purchase preference, and the contract shall be awarded to such local supplier subject to matching theL1 price.
iii. In case such lowest eligible Class-I local supplier fails to match the L1 price, the Class-I local supplier with the next higher bid within the margin of purchase preference shall be invited to match the L1 price and so on and contract shall be awarded accordingly. In case none of the Class-I local suppliers within the margin of purchase preference matches the L1 price, then the contract may be awarded to the L1 bidder.
c) For more clarity in this regard, following table is furnished:
Quantity of
Tendered goods Price quoted by Local
suppliers Finalization of tender
Can be Split L1 is Class-I local supplier Full order on Class-I Local supplier
Can be Split Not L1 but Class-I Local
Supplier withinL1+20% 50% order onClass-I Local supplier subject to matching L1 price
Cannot be Split L1 is Class-I local supplier Full Order on Class-I Local supplier
Cannot be Split Not L1 but Class-I local
supplierwithinL1+20% Full Order on Class-I Local supplier subject to matching L1price
d) Definitions of terms applicable to this clause
i. 'Local content ' means the amount of value added in India which shall be the total value of the item procured (excluding net domestic indirect taxes) minus the value of imported content in the item (including all customs duties)as a proportion of the total value, in percent.
ii. 'Class-I Local supplier' means a supplier or service provider whose goods or services offered for procurement, has local content equal to or more than 50% as defined under the Order referred.
iii. ‘Class-II local supplier’ means a supplier or service provider, whose goods or services offered for procurement, has local content equal to or more than 20% but less than 50%, as defined under the Order referred.
iv. ‘Non-Local supplier’ means a supplier or service provider, whose goods or services offered for procurement, has local content less than or equal to 20%, as defined under the Order referred.
v. 'L1' means the lowest tender or lowest bid or the lowest quotation received in this tender, bidding process or other procurement solicitation as adjudged in the evaluation process as per the tender or other procurement solicitation.
vi. 'Margin of purchase preference' means the maximum extent to which the price quoted by a
Class-I local supplier may be above the L1 for the purpose of purchase preference.
e) Verification of local content
i. The ‘Class-I local supplier’/ ‘Class-II local supplier’ at the time of tender, bidding or solicitation shall be required to Indicate percentage of local content &provide self certification that the item offered meets the minimum local content and shall give details of the location(s) at which the local value addition is made.
ii. In cases of procurement for a value in excess of ₹10 crores, the local supplier shall be required to provide a certificate from the statutory auditor or cost auditor of the company (inthecaseofcompanies)orfromapracticingcostaccountantorpracticingcharteredaccountant (in respect of suppliers other than companies) giving the percentage of local content.
iii. False declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of the General Financial Rules for which a bidder or its successors can be debarred for up to two years as per Rule 151 (iii) of the General Finance Rules along with such other actions as maybe permissible under law.
iv. A supplier who has been debarred by any procuring entity for violation of the order of the Department for Promotion of Industry and Internal Trade (DPIIT) order No. P-45021/2/2017-PP (BE-II) dated 04thJune, 2020 shall not be eligible for preference under the said order for procurement by any other procuring entity for the duration of the debarment. The debarment for such other procuring entities shall take effect prospectively from the date on which it comes to the notice of other procurement entities, in the manner prescribed in the order of the Department for Promotion of Industry and Internal Trade(DPIIT)orderNo.P-45021/2/2017-PP(BE-II)dated 04thJune,2020.
C. “Class-II local supplier ”will NOT get purchase preference in any procurement.
Price Preference to MSMEs:
i) Incase MSME bidder is L1 entire value of the tender is to be ordered on the L1 MSME bidder.
ii) In tender, participating Micro and Small Enterprises quoting price within price band of L1 + 15% shall also be allowed to supply a portion of requirement by bringing down their price to L1 price in a situation where L1 price is from someone other than a Micro and Small Enterprise and such Micro and Small Enterprise shall be allowed to supply up to 25 percent of the total tendered value (where the tender quantity can be split).
iii) In case of more than one such MSMEs are in the price band of L1 + 15% and matches the L1price,the supply may be shared proportionately if the goods can be split.
iv) In case the tendered quantity of goods cannot be split, MSME shall be allowed to supply total tendered quantity provided their quoted price is within a price band of L1 + 15% and they match the L1 price.
v) If the quantity cannot be split and there are more than one eligible MSME bidders (price band within L1+15%) then the opportunity to match the L1 rate of the tender shall be given first to MSME(who have quoted lowest rate among the MSMEs within the price band of L1+15%) and the total quantity shall be awarded to him after matching the L1price of the tender.
vi) If the MSME who have quoted lowest rate among the MSMEs in the price band of L1 + 15% do not agree to match the rate of L1 of the tender, then the next ranked MSME bidder who has quoted within the price band of L1+15% inorder shall be given chance to match the rate of L1 for award of the quantity/order.
vii) For more clarity in this regard, following table is furnished:
Quantity of
Tendered goods Price quoted by MSME Finalization of tender
Can be Split L1 Full order on MSME
Can be Split Not L1 but withinL1+15% 25% order on MSME subject to matching L1
Cannot be Split L1 Full Order on MSME
Cannot be Split Not L1 but within L1+15% Full Order on MSME subject to matching L1
viii) The purchase preference to MSME is not applicable for works contracts where supply of goods not produced by MSMEs is also involved.
Bid from vendors that share land border with India :
Restrictions under Rule 144 (xi) of the General Financial Rules (GFRs) as per Ministry of Finance Order No.: F. No. 6/18/2019-PPD Dated 23rd July, 2020 & OM no. F. No. 18/37/2020-PPD Dated 08th February, 2021.
I. Any bidder from a country which shares a land border with India will be eligible to bid in this tender only if the bidder is registered with the Competent Authority.
II. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain contexts) means any person or firm or company, including any member of a consortium or joint venture (that is an association of several persons, or firms or companies), every artificial juridical person not falling in any of the descriptions of bidders stated here in before, including any agency branch or office controlled by such person, participating in a procurement process.
III. “Bidder from a country which shares a land border with India” for the purpose of this Order means:
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. An atural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint venture falls under any of the above.
IV. In case of Work contracts, including turnkey contracts, contactors shall not be allowed to sub-contract works to any contractors shall not be allowed to sub-contract works to any contractor from a country which shares a land border with India:
i) A bidder is permitted to procure raw material, components, sub-assemblies etc. from the vendors from countries which shares a land border with India. Such vendors will not be required to be registered with the Competent Authority, as it is not regarded as “sub-contracting”.
ii) However, in case a bidder has proposed to supply finished goods procured directly/ indirectly from the vendors from the countries sharing land border with India, such vendor will be required to be registered with the Competent Authority. The successful bidder shall not be allowed to sub-contract works to any contractor from a country which shares a land border with India unless such contractor is registered with the Competent Authority.
Registration of suppliers on GeM:
Ministry of Finance, Department of Expenditure, Procurement Policy Division OM No.:No.6/9/2020-PPD Dated 24th August, 2020 on Registration of suppliers on Government E Marketplace(GeM) under Rule 150 of General Financial Rules (GFRs 2017) - It shall be mandatory for sellers providing Goods & Services where the total amount of the bid is more that Rs.25 Lacs (Including all taxes etc.) to Central Government organisations to be registered on GeM and obtain a unique GeM seller ID at the time of placement of order/acceptance of contract. However, where the order is being placed upon the seller as a result of Global Tender Enquiry it shall be exempt from the purview of guidelines contained in this OM.
1.0
Instructions to E-Procurement Tenderers:
1.1
National Remote Sensing Centre [NRSC] has implemented
e-tender system for ONLINE tenders. NRSC invites offers
through e-tender portal https://eprocure.isro.gov.in
for the supply of Stores. The suppliers need to get
enrolled in the e-tender portal to access tender and
submit their offer online. Vendors need to have Digital
Signature Certificate as detailed on our e-portal and
corporate e-mail ID to register on the above portal.
Only online tenders will be accepted.
MANUAL/POSTAL/COURIER/E-MAIL/FAX OFFERS WILL
NOT BE CONSIDERED. FURTHER, IT MAY BE NOTED
THAT NO MANUAL TENDER DOCUMENT WILL BE ISSUED
BY NRSC.
1.2
Interested tenderers may login to https://eprocure.isro.gov.in
and submit their offers through Online only. The tender
should be submitted in the NRSC Centre link before the
due date and time as specified in the tender schedule
in the portal.
1.3
The Vendors are requested to submit the Bids online at
least two days prior to closing date to avoid last
minute computer network related problems. Request for
the extension of the due date will not be considered.
1.4
The Suppliers have to provide the Open Authorization as
per Tender Schedule defined. The Open Authorization
will not be extended under any circumstances. In case
Open Authorization as per Tender schedule is not
provided such Bids will not be considered and it will
be treated as invalid.
1.5
All the Vendors should regularly browse the e-mail
being sent from e-procurement portal for initiating
appropriate action or for any updates on the Tender.
1.6
All enquiries regarding the tenders and submission of
offers shall be online and only through our
eProcurement portal. Vendors may approach help desk
e-mail id and phone number given on the home page for
any technical help (e-mail: support.isro@nextenders.com
and Ph: 020-25315555).
1.7
In case bidder encounters any technical snag pertaining
to e-procurement system while acting on the tender,
computer screen shot of the error message with date
& time stamp on the web-browser along with the
query shall be e-mailed by the bidder to the help desk
(as mentioned above) for problem resolution well in
advance before the due date and time of the tender.
NRSC is not responsible for any delay in resolving the
technical snag, which has not communicated to our help
desk in writing along with the screen shots within the
due date and time of bid submission.
1.8
NRSC shall not be responsible for failure of vendors in
submitting bids online caused due to technical reasons
at vendor end such as network or power failures,
computer failure, internet-browser, mistakes / errors
in filling the bids on line by vendor etc.
1.9
The Server Date & Time as appearing on our website
https://eprocure.isro.gov. in shall only be considered
for the cut-off date and time for receipt of tenders.
1.10
Vendors have to note that once rework is initiated the
status of the earlier submitted bid becomes till the
bidding process is completed once again. During the
process of rework earlier submitted bid data becomes
invalid and will not be available for opening. If
rework is initiated then vendor has to complete the
entire process of bid submission once again within the
due date and time for a valid bid submission.
1.11
NRSC will not be responsible for non submission of bids
resulting due to failure of vendor to once again
complete the process of bid submission before due date
after reworking of submitted bid is initiated.
1.12
Please note that unsolicited clarifications / changes /
modifications sought by the vendors after submitting
their bids will not be considered.
1.13
Vendors may note that in e-procurement system
submission of bid is a two-step process. After
submission of their bids, vendors have to wait for bid
sealing by NRSC purchase officer. Following that
vendors have to submit open authorization in the
e-procurement system to enable the purchase officer to
open the bid. If open authorization is not completed by
the vendor then purchase officer will not be able to
open the bid and the bid becomes invalid.
1.14
Vendors may note that digital keys of class-III USB
tokens, which supports both digital signing and
encryption are to be used for bidding in NRSC
e-procurement system.
1.15
Vendors may note that they have to use the same digital
key with which they submitted the bid to give open
authorization. If vendors use different key for open
authorization, the system will not accept the open
authorization and the bid becomes invalid.
1.16
In case the digital key which is used during bid
submission expires before giving open authorization,
then vendor has to first login with the new key and use
the expired key for completing open authorization
process for the bid.
1.17
Vendors may please note that the maximum file size that
can be uploaded per attachment in e-procurement system
is 4 MB. If the document is more than 4 MB then the
document is to be split into multiple documents of size
less than 4 MB and upload into attachments. Literature
/ Technical data should accompany the quotation.
1.18
Similarly, if the number of files to be uploaded is
more than the number of attachments allowed in the
tender then group the files into folders such that the
number of folders is less than the number of
attachments. Further zip/archive the folders and upload
as attachments. However, the attachment size should
still be less than 4 MB.
1.19
Vendors may note that documents including Literature /
Technical data are to be uploaded through e-procurement
system only.
1.20
No Tender fee shall be payable for submission of tender
through e-procurement.
1.21
Payment Terms :
a) For Foreign Orders: Our normal payment terms are
Sight Draft through State Bank of India, HAL Campus
Branch, Hyderabad-500 042. For high value orders, 90%
payment through Sight Draft and balance 10% upon
satisfactory completion of installation and acceptance
of the equipment and on production of a Performance
Bank Guarantee for an equivalent amount valid till 2
months after the expiry of warranty period.
b) For Indigenous Suppliers: the normal terms of
payment are 100% within 30 days of receipt &
acceptance of the material in good condition for small
value orders. For high value orders, 90% payment with
in 30 days of receipt, installation and acceptance and
balance 10% on production of a Performance Bank
Guarantee for an equivalent amount valid till 2 months
after the expiry of warranty period
1.22
Foreign Vendors, Registered Vendors or Vendors who have
already applied for Renewal of Registration, Central
PSUs/PSEs/Autonomous Bodies, Micro and Small
Enterprises, KVIC, National Small Industries
Corporation etc., shall be exempt from the payment of
EMD.
1.23
The minimum validity of the tender submitted against
Single Part shall be 90 days from the date of opening
of the tender. In case of Two Part tender, the tender
should be valid for a period of 120 days after opening
of Part-I (Technical bid) and 90 days after opening of
Part-II (Price bid).
1.24
Quote should be submitted in Single Part/Two Part as
specified in the Tender Enquiry.
1.25
Our Tender Enquiry contains technical requirements and
specification. The detailed technical specification
along with Commercial Terms and Conditions of your
offer should be covered in Technical Bid i.e. Part-1
[Technical and Commercial] and Part -2 [Price Bid].
1.26
Specification: Stores offered should strictly conform
to our specification. Deviations, if any, should be
clearly indicated by the Tenderer in their quotation.
The Tenderer should also indicate the Make / Type
number of the Stores offered and upload catalogues,
technical literature along with the quotations and
provide samples wherever necessary. Test Certificates
wherever necessary should be forwarded along with
Supplies. Whenever options are called for and
specifically mentioned by us, the Tenderer could
suggest changes to specifications with appropriate
response for the same.
1.27
In the case of Two Part Tender, Price details should
NOT be disclosed in the Part-1 [Technical and
Commercial Bid] and in any other attachments enclosed
in the Technical Bid. In case, Price details are
mentioned, the same will be rejected. The Technical
documents need to be attached online as a single PDF
file without any price information.
1.28
In case of Two Part Tender, Commercial Terms to be
covered in the Part-1 [Technical and Commercial Bid]
such as Delivery Terms as per (INCOTERMS), Delivery
Period, Payment Terms (without mentioning the price or
amount), acceptance of Bank Charges payable outside
India, Security Deposit for execution of Contract,
Whether items needs Export License, Validity of the
Offer, Warranty/Guarantee, Performance Guarantee for
fulfillment of Warranty obligation , Liquidated Damages
(for delayed supplies) and All available technical
literature, catalogues and other data in support of the
specifications and details of the items etc, have to be
filled up on line.
1.29
In case of imported stores, Ex-Works/FOB/FCA prices
should be indicated. In case of indigenous stores the
quotation should be on FOR-Destination / Door delivery
basis.
1.30
Prices are required to be quoted according to the units
indicated, in the Part-2 [Price Bid] only.
1.31
The quote should indicate quantity wise unit rate
separately which have to be filled online. The Prices
are to be mentioned both in figures as well as in
words. Where there is difference between amounts quoted
in words and figures, the amount quoted in words shall
prevail. The percentage of Taxes, Duties, etc., where
legally leviable and intended to be claimed shall be
calculated and indicated in the column provided in
online forms explicitly.
1.32
The facility of Inter-State Purchases by Government
Department against Form-D stands withdrawn w.e.f. from
01.04.2007. As such, Tenderers are requested to
indicate the percentage of Sales Tax applicable without
any concession.
1.33
Sales Tax/or Other Duties/Levies where leviable and
intended to be claimed should be distinctly shown
separately in the Tender.
1.34
For the Procurement /providing of Services, the
Tenderer [s] are requested to quote the correct
percentage of Service Tax.
1.35
As a Government of India Department, this office will
issue necessary Declaration/Certificate to release the
goods free from Octroi. Tenderers shall ensure that
necessary certificates are obtained by them from
National Remote Sensing Centre (NRSC) to avoid any
payment of such levies.
1.36
Samples, if called for, should be submitted free of
charges by the tenders and the Purchaser shall not be
responsible for any loss or damages thereof, due to any
reason whatsoever. In the event of non acceptance of
tender, the Tenderer will have to remove the samples at
his own expenses.
1.37
Approximate Net and Gross weight of the items offered
shall be indicated in your offer. If dimensional
details are available the same should also be indicated
in your offer.
1.38
In order to avail of the benefits extended by
Government of India to the Micro and Small Sectors,
please attach copy of the valid Entrepreneur Memorandum
Part II signed by the General Manager, District
Industries Centre or NSIC Registration Certificate
along with your offer as a PDF file through online. The
facilities/benefits will be extended as per the Orders
issued by Ministry of MSME, Government of India, New
Delhi or any instructions issued from time to time.
1.39
The document solicited from vendor should be submitted
online. Document has to be a single PDF file and
attached online.
1.40
Indian agents while quoting on behalf of their
Principals are requested to attach necessary
authorization letter [PDF file] from their Principals.
1.41
The Purchaser shall be under no obligations to accept
the lowest or any tender and reserve the right of
acceptance of the whole or any part of the tender or
portion of the quantity offered and the Tenderers shall
supply the same at the rates quoted.
1.42
In case of Two-Part Public/Open Tender, the exact date
and time of opening of Technical bid for all Tenderers
and Price Bid of successful Tenderers will be intimated
later.
1.43
The opening date and time informed by NRSC shall be
subject to changes due to Network/ Computer Server
related problems. In such instances, the tender opening
may get delayed by one or two days and the exact date
and time of opening will be intimated later in case of
Public or Open Tender.
1.44
The Tenderer should supply along with his tender the
Name of his Bankers, if required by the Purchaser.
1.45
The Purchaser reserves the right to place order on the
successful Tenderers for additional quantity at the
rates quoted.
1.46
NRSC reserves the right to cancel the tender at any
point of time, by recording the reasons thereof.
Chapter 2
2.0
Terms and Conditions:
2.1
Definitions:
(a)
The term 'Purchaser' shall mean the President of India
represented by Director or Head, Purchase and Stores,
National Remote Sensing Centre [NRSC] Hyderabad or his
successors or assigns.
(b)
The term 'Contractor' shall mean the person, firm or
company, with whom or with which the Order for the
supply of Stores is placed and shall be deemed to
include the Contractor Successors/Representative,
Heirs, Executors and Administrators unless excluded by
the Contract.
(c)
The term 'Purchase Order' shall mean the communication
signed on behalf of the Purchaser by an officer duly
authorized intimating the acceptance on behalf of the
Purchaser on the terms and condition mentioned or
referred to in the said communication accepting the
Tender or offer of the Contractor for supply of Stores
or Plant, Machinery or part thereof.
(d)
The term 'Stores' shall mean what the Contractor agrees
to supply under the Contract as specified in the
Purchase Order including erection of plants and
machinery and subsequent testing should such a
condition be included in the Purchase Order.
3.0
Prices:
Tenders offering Firm and Fixed Prices will be
considered. Where a price variation clause is insisted
upon by a Tenderer for quotations a reasonable ceiling
should be submitted. Such offers should invariably be
supported by the base price taken into account at the
time of tendering and also the formula for any such
variations. The price variation clause shall be
applicable only in case of Long term contracts and
shall be as per the illustrative Formulae provided
under General Financial Rules [GFR], 2005, No. 204
(vii) (b) Appendix-15.
4.0
Terms of Payment in case of Overseas
Supplier[s]:
4.1
Being a Government of India Department, the normal
terms of payment are by Sight Draft [SD]. However,
other terms of payment like establishment of Letter of
Credit [LC] may be considered by the Purchaser on such
terms and conditions as may be agreed upon.
4.2
The Sight Draft/Letter of Credit will be operative on
presentation of the following documents:
(a)
Original Bill of Lading/Airway Bill.
(b)
Commercially certified Invoices in triplicate
describing the Stores delivered, Quantity Unit Rate and
their Total Value. The Invoice should indicate the
discounts, if any and Agency Commission separately.
(c)
Packing List showing individual Dimensions and Weight
of the Packages.
(d)
Country of Origin Certificate can be declared on the
Invoice.
(e)
Test Certificate.
(f)
Declaration by the Seller that the Contents in each
case are not less than those entered in the Invoices
and the quality of the Stores are guaranteed as per the
specification asked by the Purchaser.
(g)
Warranty and Guarantee Certificates.
4.3
Packing:
(a)
The Contractor wherever applicable shall pack and crate
all Stores for Sea/Air shipment as applicable in a
manner suitable for export to a tropical humid climate,
in accordance with Internationally accepted Export
practices and in such a manner so as to protect it from
damages and deteriorations in transit by Road, Rail or
Sea. The Contractor[s] shall be held responsible for
all damages due to improper packing.
(b)
The Contractor shall ensure that each Box/Unit of
shipments are legible and properly marked for correct
identification. The failure to comply with this
requirement shall make the Contractor liable for
additional expenses involved.
(c)
The Contractor shall notify the Purchaser of the date
of shipment from the Port of Embarkation as well as the
expected date of arrival of such shipment at the
designated Port of Arrival.
(d)
The Contractor shall give complete shipment information
concerning the Weight, Size, content of each packages
etc.,
(e)
Transshipment of Stores shall not be permitted except
with written permission of Purchaser.
(f)
Apart from the dispatch documents negotiated through
Bank, the following document shall also be airmailed to
the Purchaser within 7 days from the date of shipment
by Sea and within 3 days in case of Air Consignment:
a. Commercial Bill of Lading/Air Way Bill, Post Parcel
Receipt (two non-negotiable copies).
b. Invoice (3 copies).
c. Packing List (3 copies).
d. Test Certificates (3 copies).
e. Certificate of Origin as declared in the Invoice.
f. Warranty/Guarantee Certificate
Contractor shall also ensure that one copy of the
Packing List is enclosed in each case/box.
5.0
Terms of Payment in case of Indigenous
Supplier[s]:
Contractor [s] Bill will be passed for payment only
after the Stores have been received, inspected and
accepted by the Purchaser. Normally payment will be
made for the accepted Stores within 30 days from the
date of receipt and acceptance of the material at NRSC.
6.0
Import Licence:
All Imports are being covered under Free Importability
under Para 2.1 of Chapter 2 of EXIM Policy 2015-2020 of
Government of India. No separate Import License is
required. If it is required subsequently, Department
will obtain necessary Import License. Similarly, if
Export License is required, the Tenderer[s] shall
mention the same while submitting the offer.
7.0
Address of Indian Agent:
In case of the overseas Supplier, please mention the
Name and complete Postal Address of their Indian Agent
with necessary details regarding Type of Relationship,
Proof of Certificate if any.
8.0
Guaranteed Time of Delivery:
The time for and the date of delivery of Stores will be
deemed to be the essence of the Purchase Order/Contract
failing which Purchaser reserves the right to Cancel
the Order/Contract at his discretion.
9.0
Inspection and Acceptance Tests:
9.1
The Purchaser's representatives shall also be entitled
at all reasonable times during manufacture to Inspect
examine and test at the Contractor's premises, the
material and workmanship of all Stores to be supplied
under this contract and if part of the said Stores is
being manufactured on other premises, the Contractor
shall obtain the Purchaser's representative permission
to inspect, examine and test and shall not release the
Contractor from the obligations under this Contract.
9.2
For tests conducted at the premises of the Contractor
or any of his sub-contractors, the Contractor shall
Provide Free of Cost Assistance, Labour, Materials,
Electricity, Fuel and Instruments as may be required or
as may be reasonably needed by the Purchaser's
representative to carry out the tests efficiently.
9.3
When the Stores have passed the specified test, the
Purchaser's representative shall furnish a certificate
to this effect in writing to the Contractor. The
Contractor shall provide copies of Test Certificate to
the Purchaser as may be required.
10.0
Bank Guarantee towards Free Issue Materials
(FIM):
The successful Tenderers shall furnish Bank Guarantee
(BG) towards the cost of Free Issue Materials issued by
Purchaser towards adequate Security for the FIM for the
execution of the Contract. The BG is to be kept valid
till supply and acceptance of the final product.
10.1
In the case of Public Sector Undertaking, Public Sector
Enterprises and Government Organization, Indemnity Bond
[IB] together with Insurance shall be considered.
10.2
For Fabrication of items, the Supplier should quote the
rates considering the Scrap Materials generated and
taken over by Supplier.
11.0
Mode of Despatch:
11.1
For Air Consignments:-
Generally, Stores should be dispatched by Air Freight
through Purchaser nominated freight forwarder as per
the delivery terms and mode of dispatch mentioned in
the Purchase Order. A copy of the Invoice and Packing
List should invariably be kept inside each of the
package. Port of Entry:-
RAJIV GANDHI INTERNATIONAL AIRPORT, HYDERABAD.
11.2
For Sea Consignments:-
The Stores should be dispatched by Ocean Freight by
First Class Indian Flagged Vessel or Conference Vessel
on freight collect basis as per the delivery terms and
mode of dispatch mentioned in the Purchase Order. A
copy of the Invoice and Packing List should invariably
be kept inside each of the package. Port of Entry shall
be 'CHENNAI'. The Port of Ultimate
Destination shall be
'INLAND CONTAINER DEPOT [ICD, HYDERABAD]'
. The Customs Clearance shall be arranged at ICD
Hyderabad.
12.0
Ultimate Consignees:
Senior Purchase & Stores Officer [Stores], National
Remote Sensing Centre, Hyderabad.
13.0
Shipping Marks:
The marks on the shipping documents such as Invoice,
Bill of Lading/Airway Bill and on the packages should
be as follows:
Purchase Order No:
Date:
GOVERNMENT OF INDIA
Department of Space/ National
Remote Sensing Centre
Hyderabad / INDIA
Destination:
Port of Entry:
14.0
Demurrage:
Supplier shall bear demurrage charges if any, incurred
by the Purchaser due to delayed presentation of
shipping documents as prescribed in Para 4.3(f) to the
Bankers within reasonable time (say within 7 days) from
the date of Bill of Lading for Sea Consignments and
within 3 days from the date of Air Way Bill for Air
Consignments.
15.0
Insurance of the Stores:
No Insurance is required at our cost. The Supplier
shall be responsible for Insuring the Stores wherever
considered necessary. The Contractor shall however, be
responsible for notifying to the Purchaser or the
Insurer nominated by the Purchaser, the complete
details of the proposed shipments including the value
of each shipment and other relevant data immediately
after shipment, to enable the Purchaser or the Insurers
to arrange for the issuance of the Insurance Policy, if
required. The necessity or otherwise of Insurance will
be as indicated in the Purchase Order.
16.0
Acceptance of Stores:
(a)
The Stores shall be tendered by the Contractor for
Inspection at such places as may be specified by the
Purchaser at the Contractor's own risk, expenses and
cost.
(b)
It is expressly agreed that the acceptance of the
Stores contracted for is subject to final approval by
the Purchaser, whose decision shall be final.
(c)
If, in the opinion of the Purchaser, all or any of the
Stores that do not meet the performance or quality
requirements specified in the Purchaser Order, they may
be either rejected or accepted at a price to be fixed
by the Purchaser and his decision as to rejection and
the prices to be fixed shall be final and binding on
the Contractor.
(d)
If the whole or any part of the Stores supplied are
rejected in accordance with Clause No.16.0 above, the
Purchaser shall be at liberty, with or without notice
to the Contractor, to Purchase in the open market at
the expense of the Contractor, Stores meeting the
necessary performance and quality contracted for in
place of those rejected, provided that either the
Purchaser or the agreement to Purchase from another
supplier is made six months from the date of rejection
of the Stores as aforesaid.
17.0
Contractor[s] Default Liability:
17.1
The Purchaser may upon written notice of default to the
Contractor, may terminate the Contract by giving 30
days prior notice in whole or in part in circumstances
detailed hereunder:-
(a)
If in the judgment of the Purchaser, the Contractor
fails to make delivery of Stores within time specified
in the Contract/Agreement or within the period for
which extension has been granted by the Purchaser to
Contractor.
(b)
If in the judgment of the Purchaser, the Contractor
fails to comply with any of the other provisions of
this Contract.
17.2
In the event of Purchaser terminating the Contract in
whole or in part thereof, as provided in Clause 17.1,
the Purchaser reserves the right to Purchase, upon such
terms and in a manner as he may deem appropriate,
Stores similar to that terminated and the Contractor
shall be liable to the Purchaser for any additional
cost for such similar Stores, and/or for Liquidated
Damages for delays as defined in Clause 22.0 until such
reasonable time as may be required for the final supply
of Stores.
17.3
If Contract is terminated as provided in Clause 17.1
the Purchaser in addition to any other rights provided
in this Article, may require the Contractor to transfer
title and deliver to the Purchaser under any of the
following cases in the manner and as directed by the
Purchaser.
(a)
Any completed Stores.
(b)
Such partially completed Stores, drawing information
and Contract right (here-in-after called manufacturing
material) as the Contractor has specifically produced
or acquired for the Contract as terminated. The
Purchaser shall pay to the Contractor, the Contract
price for completed Stores delivered to and accepted by
the Purchaser and for manufacturing materials delivered
and accepted.
17.4
In the event, the Purchaser does not terminate the
Contract as provided in Clause 17.1, the Contractor
shall continue the performance of the Contract, in
which case he shall be liable to the Purchaser for
Liquidated Damages for delay as set out in Clause 22.0
until the Stores are accepted.
18.0
Replacement:
If the Stores or any portion thereof, is damaged or
lost during the transit, the Purchaser shall give
notice to the Contractor setting forth particulars of
such Stores damaged or lost during transit. The
replacement of such Stores shall be effected by the
Contractor within a reasonable time to avoid
unnecessary delay in the intended usage of the Stores.
The payment for the replacement of Stores shall be in
accordance with the responsibilities as per INCOTERMS.
19.0
Rejection:
If the Stores supplied by the Contractor are found
defective in material or workmanship or otherwise not
in conformity with the requirements of the Contract
specification, the Purchaser shall either reject the
Stores or request the Contractor in writing to rectify
the same. The Contractor, on receipt of such
notification shall either rectify or replace the
defective Stores free of cost to the Purchaser. If the
Contractor fails to do so, the Purchaser may either: -
(a)
Replace or rectify such defective Stores and recover
extra cost so involved from the Contractor or
(b)
Terminate the Contract for default as provided under
Clause 17.0 above.
(c)
Acquire the defective Stores at a reduced price
considered equitable under the circumstances.
The provision of this Article shall not prejudice the
Purchasers rights under Clause 22.0.
20.0
Force Majeure:
20.1
Neither party shall bear responsibility complete or
partial non performance of any of his obligations
[except for failure to pay any sum which has become due
on account of receipt of goods under the provisions of
the Purchase Order/Contract] if the non-performance
results from such force majeure circumstances such as,
but not restricted to, flood, fire, earthquake, civil
commotion, sabotage, explosion, epidemic, quarantine
restriction, strike, lock out, freight embargo, acts of
the Government either in its sovereign or its
contractual capacity, hostility, acts of public enemy
and other acts of God as well as war or revolution,
military operation, blockade, acts or actions of state
authorities or any other circumstances beyond the
control of the parties that have arisen after the
conclusion of Purchase Order/Contract. In such
circumstances, the time stipulated for the performance
of an obligation under the Purchase Order/Contract may
be proportionately extended.
20.2
The party for whom it has become impossible to meet the
obligation under this contract due to force majeure
condition will notify the other party in writing not
later than 21 days from the date of commencement of
unforeseeable event. Unless agreed by both the parties,
in writing, the Contractor shall continue to perform
his obligations under the Purchase Order/Contract as
far as is practical and shall seek all reasonable
alternative means for performance not prevented by the
force majeure event.
20.3
Any Certificate issued by the Chamber of Commerce or
any other competent authority or organization of the
respective country shall be sufficient proof of
commencement and cessation of the above circumstances.
In case of failure to carryout complete or partial
performance of an obligation for more than 60 days,
either party shall reserve the right to terminate the
Contract totally or partially. A prior written notice
of 30 days to the other party will be given informing
of the intention to terminate without any liability.
21.0
Erection of Plant and Machinery:
Wherever erection of Plant or Machinery is the
responsibility of the Contractor as per the terms of
the Contract and in case the Contractor fails to carry
out the erection as and when called upon to do so
within the period specified by the Purchaser, the
Purchaser shall have the right to get the erection done
through any source of his choice. In such an event, the
Contractor shall be liable to bear any additional
expenditure that the Purchaser is liable to incur
towards erection. The Contractor, shall, however, not
be entitled to any gain due to such an action by the
Purchaser.
22.0
Delay in Completion/Liquidated Damages:
If the Contractor fails to deliver the Stores within
the time specified in the Contract or any extension
thereof, the Purchaser shall recover from the
Contractor as Liquidated Damages a sum one-half of one
percent (0.5 percent) of the Contract price for each
calendar week of delay or part thereof. The total
Liquidated Damages shall not exceed Ten percent (10
percent) of the Contract price. Stores will be deemed
to have been delivered only when all its
component/parts are also delivered in full to make use
of the whole system/equipment as the case may be. If
certain components/parts are not delivered in time, the
entire value of Contract/Stores will be considered as
delayed until such time as the missing parts are
delivered.
In case of delay in delivery of the Stores beyond the
delivery date stipulated in the Purchase Order/Contract
or any extension thereof, such Stores shall be received
under protest. The Stores shall be
accepted without prejudice to the terms and conditions
of the Purchase Order/Contract.
23.0
Guarantee and Replacement:
(a)
The Contractor shall guarantee that the Stores supplied
shall comply fully with the specifications laid
down,for material, workmanship and performance.
(b)
Guarantee for the period as indicated in the tender
documents shall be after acceptance of the Stores. If
any defects are discovered, therein or any defects
therein are found to have developed under proper use
arising from faulty materials, design or workmanship,
Contractor shall remedy such defects at his own cost
provided, he is called upon to do so within a period of
14 months from the date of acceptance thereof, by the
Purchaser who shall state in writing in what respect
the Stores or any part thereof, are faulty.
(c)
If in the opinion of the Purchaser, it becomes
necessary to replace or renew any defective Stores,
such replacement or renewal shall be made by the
Contractor free of all costs to the Purchaser, provided
the notice informing the Contractor of the defect is
given by the Purchaser in this regard within the said
period of 14 months from the date of acceptance of
Stores thereof.
(d)
If Contractor fail to rectify the defects, the
Purchaser shall have right to reject or repair or
replace, at the cost of the Contractor the whole or any
portion of the defective Stores.
(e)
The decision of the Purchaser, notwithstanding any
prior approval or acceptance or inspection thereof, on
behalf of the Purchaser, as to whether or not the
Stores supplied by the Contractor are defective or any
defect has developed within the said period of 12
months or as to whether the nature of the defects
requires renewal or replacement, shall be final,
conclusive and binding on the Contractor.
(f)
To fulfil guarantee conditions outlined in Clause 23.0
(a) to (h) above, the Contractor shall, at the option
of the Purchaser, furnish a Bank Guarantee (as
prescribed by the Purchaser - Bank Guarantee format)
from a Nationalized/Scheduled Bank approved by the
Purchaser for an amount equivalent to 10% of the value
of the Contract within a reasonable time after the
receipt of PO/Contract for the due performance of the
Contract as well as the product delivered. On the
performance and completion of the contract in all
respects, the Performance Bank Guarantee will be
returned to the Contractor without any interest.
(g)
All the replacement Stores shall also be guaranteed for
a period of 12 months from the date arrival of Stores
at Purchaser's site.
(h)
Even while the 12 months guarantee applies to all
Stores in case where a greater period is called for by
our specifications then such a specification shall
apply, in such cases the period of 14 months referred
to in Clause 23.0 (a) and (h) shall be the 'asked for'
guarantee period plus two months.
24.0
Arbitration:
In the event of any
dispute,disagreement,difference,claim or question
relating to the interpretation and application of the
Purchase Order/Contract, such
dispute,disagreement,difference,claim or question shall
be settled amicably by mutual consultations of the good
Offices of the respective parties. If such a resolution
is not possible, then the unresolved
dispute,disagreement,difference,claim or question shall
be referred by the Contractor in writing to Director,
National Remote Sensing Centre, Hyderabad within 30
days after the receipt of final payment for appointment
of Arbitrator in accordance with the rules and
procedures of Indian Arbitration and Conciliation Act
1996 or any modification thereof. The decision of the
Arbitrator shall be final and binding on both the
parties. The expenses for the Arbitration shall be paid
as may be determined by the Arbitrator. The Arbitration
proceedings shall be conducted at National Remote
Sensing Centre, Hyderabad
Pending the submission of and/or decision on a
dispute,disagreement,difference,claim or question or
until the Arbitral award is published; the Parties
shall continue to perform all of their obligations
under this Purchase Order/Contract without prejudice to
a final adjustment in accordance with such award.
25.0
Arbitration with Overseas Supplier:
In the event of any dispute or difference arising out
of or in connection with this Purchase Order/Contract,
such dispute or difference shall be settled amicably by
mutual consultants or through the good offices of the
respective parties. If such resolution is not possible,
then the unresolved dispute or difference shall be
referred to the Sole Arbitrator appointed in accordance
with provisions of the ICADR Arbitration Rules, 1996 of
the International Center for Alternative Dispute
Resolution, New Delhi. The Arbitration shall be
conducted in India in accordance with the Rules &
Procedures of the Arbitration and Conciliation Act of
1996 or any re-enactment or modification thereof. The
decision of the Arbitrator shall be final and binding
upon the parties and the expenses for the arbitration
shall be paid as may be determined by the Arbitrator.
26.0
Arbitration with Public Sector Undertakings:
In the event of any dispute or difference relating to
the interpretation and application of the Contract,
such dispute or difference shall be settled amicably by
mutual consultations of the good Offices of the
respective parties. If such a resolution is not
possible, then the unresolved dispute or difference
shall be referred to the Sole Arbitrator appointed in
the Department of Public Enterprise under the Permanent
Machinery for Arbitration.
27.0
Language and Measures:
All documents pertaining to the Contract including
specification schedule notices, correspondence,
operating and maintenance instruction drawings or any
other writing shall be written in English language
only. The metric system of measurement shall be used
exclusively in the Contract.
28.0
Applicable Law:
The Contract shall be interpreted, construed and
governed by the Laws of India.
29.0
Jurisdiction:
The Courts within Hyderabad will have the Jurisdiction
to deal with and deciding any matter arising out of
this Contract.
30.0
Indemnity:
The Contractor shall warrant and deemed to have
warranted that all Stores/Services/Supplied/Rendered
against this Contract/Purchase Order are free and clean
of infringement of any Patent, Copy Right or Trademark
and shall at all times indemnify the Purchaser against
all claims which may be made in respect of the Stores
for infringement of any right protected by Patent,
Registration of the design or Trade mark and shall take
all risk of accidents or damage which may cause a
failure of the supply from whatever cause arising and
the entire responsibility for the sufficiency of all
the means used by him for the fulfillment of the
Contract.
31.0
Counter Terms & Conditions:
Where counter terms and conditions printed or
cyclostyled condition have been offered by the
supplier, the same shall not be deemed to have been
accepted by the Purchaser, unless specific written
acceptance thereof, is obtained.
32.0
Security Interest:
On each item to be delivered under this Contract,
including an item of work in progress in respect of
which payment have been made in accordance with the
Terms of the Contract. Purchaser shall have a Security
Interest in such items which shall be deemed to be
released only at the time when the applicable
deliverable items is finally accepted and delivered to
the Purchaser in accordance with the terms of Contract.
Such Security Interest of the Purchaser shall
constitute a prior charge as against any other charge
or interest created in respect of such items by any
other entity.
33.0
Bank Charges:
All Bank Charges Payable within India shall be borne by
Purchaser. Similarly, all Bank Charges Payable outside
India shall be borne by the Supplier.
34.0
Training:
The Contractor shall, if required by the Purchaser,
provide facilities for the Practical Training of
Purchaser's Engineering or Technical Personnel from
India and for their active association on the
manufacturing process throughout the manufacturing
period of the Contract/Stores, number of such personnel
to be mutually agreed upon.
35.0
Excise Duty:
National Remote Sensing Centre, Hyderabad is completely
exempted from payment of Excise Duty vide Notification
No.10/97CE dated 01.03.1997 as amend vide Notification
No.16/2007CE dated 01.03.2007. The necessary Excise
Duty Exemption Certification [EDEC] shall be provided
by NRSC. Tenderers are requested to take note of this
aspect and submit the offer clearly mentioning that the
quoted price does not include Excise Duty and NRSC has
to provide EDEC. The EDEC will not be issued in favour
of Third Parties for Raw Materials or other Components
that go into the manufacture of the End-Products.
EDEC will be issued in favour of Original Equipment
Manufacturer provided the Tender has been received
from the Sole Selling Agent of the OEM concerned
[Documentary Proof shall be produced]. The request
for EDEC should be made in the Original Offer
itself.
NRSC shall provide the ED exemption certificate.
36.0
Customs Duty:
National Remote Sensing Centre, Hyderabad is eligible
for concessional rate of Customs Duty @ 5.15%, vide
Notification No.51/96, as amended by Notification No:
24/2007. The necessary Customs Duty Exemption
Certification [CDEC] shall be provided. Tenderers are
requested to take note of this aspect and submit the
Offer .
37.0
Annual Maintenance Contract [AMC]/Extended
Warranty:
Tenderers are requested to quote separately towards
Annual Comprehensive Maintenance Service/Extended
Warranty and Non-Comprehensive Maintenance besides
attending to unlimited Break-Down calls wherever
specification calls for after expiry of Standard
Warranty.
38.0
Transparency:
Tenderers are free to ask Purchaser for the Bidding
conditions, Process and/or Rejection of bids etc.,
during the procurement process.
39.0
Participation of Indian Agents:
In a Tender, either the Indian Agent on behalf of
Principal/OEM or Principal/OEM itself can bid. But both
cannot bid simultaneously for same item/product. If an
Agent submit bid on behalf of Principal/OEM, the same
Agent shall not submit a bid on behalf of another
Principal/OEM in the same Tender for the same
item/product.
40.0
Implementation of Government Purchase and Price
Preference Policy for MSEs:
In order to avail of the benefits extended by
Government of India to the Micro and Small Enterprises
[MSEs], please submit attested copy of the valid
Entrepreneur Memorandum Part-II signed by General
Manager, District Industries Center or National Small
Industries Corporation [NSIC] Registration Certificate
along with your offer. The facilities/ benefits will be
extended as per Order issued by Ministry of MSME,
Government of India, New Delhi from time to time.
The benefit will be extended to MSEs upto the
monetary ceiling fixed by MSME.
41.0
Purchase Preference to Public Sector
Undertakings:
Wherever, Purchase/Price Preference is applicable for
Public Sector Undertaking [PSUs] will be as per the
extant orders of Department of Space.
42.0
High Sea Sale:
Tenderers submitting offer[s] against High Sea Sale
Trade, the price of such offers be in Indian Rupees
only and shall be inclusive of Freight and Clearance
Charges for delivery up to National Remote Sensing
Centre, Hyderabad. The offers shall be Firm, Fixed
Price without any variation in Exchange Conversion Rate
whatsoever. No Sales Tax will be applicable for High
Sea Sale.
43.0
Splitting of Order[s]:
The Volume/Quantity for certain specialized nature of
jobs is considerably large and it is necessary the
orders are split with more than one party in order to
ensure timely delivery/services. NRSC reserves right to
split the Purchase Orders to more than one party.
However, every effort will be made to bring the
Commercial aspect including price of the parties on a
single common platform. This is aimed at providing
equal opportunity for the parties while taking the
decision.
44.0
Agency Commission:
The amount of Commission included in the price and
payable to the Indian Agent of the Contractor shall be
paid directly to the Indian Agent[s] by the Purchaser
in equivalent Indian Rupees on the basis of an Invoice
from the Indian Agent by applying T.T. buying rate of
exchange ruling on the date of placement of the
Purchase Order/Contract and within 30 days from the
date of receipt and acceptance of the Stores. The
Contractor shall Invoice only for the net amount
payable to him, after deducting the amount of Agency
Commission included in the Invoice which would be paid
to the Indian Agent[s] directly by the Purchaser.
However, the Contractor[s] quote should separately
reflect the amount of Commission payable to his Indian
Agent.
As per the Compulsory Enlistment Scheme of the
Department of Expenditure, Ministry of Finance, it is
compulsory for Indian Agents who desired to quote
directly on behalf of their Foreign Principals to get
themselves enlisted with the Central Purchase
Organization [Eg: DGS&D]
45.0
Validity of Offer:
The minimum validity of the tender submitted against
Single Part shall be 90 days from the date of opening
of the tender. In case of Two Part tender, the tender
should be valid for a period of 120 days after opening
of Part-I (Technical bid) and 90 days after opening of
Part-II (Price bid).
46.0
The Authority of person signing the Tender, if called
for shall be produced.
47.0
Instruction/Operation Manual containing all assembly
details including wiring diagrams should be sent
wherever necessary in duplicate. All
documents/correspondence should be in English language
only.
48.0
The Purchaser reserves the right to accept or reject
any offer in whole or in part by recording the reasons.
49.0
It is expressly agreed that the acceptance of the
Stores contracted for is subject to final approval in
writing by the Purchaser.
50.0
Permitted Number of Shipment [ONE] only. Any additional
is shipment will be at suppliers cost. Part shipment is
not allowed unless specifically agreed to by us.
51.0
Inspection/Test/Certificate should be provided for the
goods after testing it thoroughly at the Contractors
works. If any inspection by Lloyds or any other Testing
Agency is considered necessary, it shall be arranged by
Contractors on the instructions of the Purchaser.
52.0
Where Erection, Assembly or Commissioning is a part of
the Contract, it should be done immediately on
notification. The Contractor shall be responsible for
any loss/damages sustained due to delay in fulfilling
this responsibility.
53.0
For items having Shelf Life, the same shall be supplied
with maximum Shelf Life if order is placed.
54.0
Buy-Back Offer:
Wherever Contract considered necessary, the quotation
shall be given separately with Buy-Back Offer and also
without Buy-Back Offer so as to enable Purchaser either
to Trade or not to Trade the item while purchasing the
new one.
55.0
Evaluation of Tenders:
The Evaluation/Loading criteria in respect of Security
Deposit for execution of Contract,Payment Terms,
Performance Bank Guarantee for fulfilment of warranty
Obligations,Material Bank Guarantee for Free issue of
Materials etc., having financial implications wherever
called for will be considered to arrive at L-1 status
of Lowest Technically suitable Offer.
56.0
Risk Purchase:
Risk Purchase Clause will be applicable wherever
considered necessary.
57.0
Fall Clause:
The price[s] charged for the Stores/Services supplied
under the Contract by the Contractor shall be no event
exceed the lowest price at which the Contractor sells
the Stores/Services or offer to sell the Stores of
identical description to any person[s], Firm, Party,
Organisation[s] including the Purchaser or any
Department of Central Government or any Department of
State Government or any statutory undertaking of the
Central/State Government as the case may be during the
period till the performance of all supply orders placed
during the currency of the Rate Contract is completed.
If at any time during the said period, the Contractor
reduces the sale price, sells or offers to sell such
Stores/Services to any person[s], Organisation[s],
including the Purchaser or any Department of Central
Government or any Department of State Government or any
statutory undertaking of the Central or a State
Government as the case may be, at a price lower than
the price chargeable under the Contract, he shall
forthwith notify such reduction or sale of offer to the
Purchaser and the price payable under the Contract for
the Stores/Services supplied after the date of coming
into force of such reduction or sale or offer of sale
stand correspondingly reduced.
58.0
Conditional Discount/Offer:
Conditional Discounts/Offer will not be considered.
59.0
Free Supply of Public Tender Documents:
One set of tender documents, can be supplied free of
cost to Government Departments, Public Sector
Undertakings [both Central and State]. Tender
documents, can also be supplied free of cost to Foreign
sources.
60.0
Termination:
Under the normal circumstances, Termination/Short
Closing of the PO/Contract is not foreseen. However in
case of repeated non performance of the PO/Contract,
NRSC reserves the right to terminate the Contract in
whole or in part by giving 30 days prior notice under
the following circumstances:
[i] For repeated non-performance in the execution of
P.O/Contract.
[ii] If the Contractor fails to deliver the final
Product within the stipulated delivery schedule or any
extension thereof, granted by the Purchaser.
[iii] If the final Product does not pass inspection and
quality requirements of P.O/Contract
[iv] If the Contractor fails to perform any other
obligations under P.O/Contract.
[v] If the Contractor becomes bankrupt or otherwise
insolvent.
[vi] Owing to deficiency of service, breach of
Contract.
[vii] For inefficiency, indiscipline, irregularity,
insincerity, indifference in work, disobedience,
doubtful credentials/integrity, etc., at any point of
time during the Contract period.
[viii] To terminate the PO/Contract at any time by
giving 30 days prior notice.
61.0
Parallel Contract:
NRSC reserves the right to enter into Parallel
Contract/s with one or more Contractors.
62.0
Security Deposit:
The Successful vendor shall execute Security Deposit
for 10% of the value of the Purchase Order/Contract
towards satisfactory execution of the Purchase
Order/Contract. The Security Deposit shall be executed
through Demand Draft/Bankers Cheque/Fixed Deposit
Receipts or Bank Guarantee issued by a Nationalized
Bank/Scheduled Bank valid till the Purchase
Order/Contract is completely executed. The BG shall be
executed on a Non-judicial stamp paper of appropriate
value as per Specimen.
In case the vendor fails to furnish the Security
Deposit within 20 days after the receipt of PO or on
signing of the Contract or any extension thereof, NRSC
reserves the right to terminate or cancel the Purchase
Order/ Contract and the EMD if any executed shall be
forfeited apart from initiating appropriate penal
action .
The Security Deposit will not carry any interest and
shall be returned after completion of all the
obligations of the Contract.
Central Public Sector Undertakings [PSUs]/Public Sector
Enterprises [PSEs]/Autonomous Bodies are exempted from
payment of Security Deposit [SD], and instead, an
Indemnity Bond shall be executed in lieu of SD.
MSMEs Policy provides benefits to Supply Tender Set
free of Cost and Exemption from payment of Earnest
Money Deposit etc. However, policy does not provide
benefits for Exemption from Security Deposit.
63.0
Performance Bank Guarantee [PBG]:
The successful Tenderer[s] has to execute a Performance
Bank Guarantee for 10% of the Total PO value as
security for the fulfilment of warranty obligations
valid till the completion of warranty period plus 2
months. The PBG will not carry any Interest and will be
returned after completion of all the contractual
obligations.
PBG is to be executed before claiming the Payment.
Central Public Sector Undertakings [PSUs]/Public Sector
Enterprises [PSEs]/Autonomous Bodies are exempted from
submission of PBG and instead, an Indemnity Bond shall
be executed in lieu of PBG.
64.0
Subletting Contract:
The Contract shall not be sublet, transferred or
assigned to any other firm/agencies/person, etc.,
without the prior written permission of NRSC. In case
of violation of this clause, the Service
Provider/Contractor shall be solely responsible for any
legal action besides termination of Contract.
65.0
Clarification regarding contents of the Bids:
During evaluation and comparison of bids, the Buyer
may, at his discretion, ask the bidder for
clarification on their bid.
The request for clarification will be given in writing
and no change in prices or substance of the bid will be
sought, offered or permitted. In case, tenderer fails
to provide clarifications/confirmations within a
specified time, the original bid submitted by the
tenderer shall be treated as incomplete and liable for
rejection. No post-bid clarification on the initiative
of the bidder will be entertained.
66.0
Rejection of Bids:
Canvassing by the Bidder in any form, unsolicited
letter and post-tender correction may invoke summary
rejection of Bids. Conditional Tenders will be
rejected.
67.0
Secrecy:
The technical information, drawings, specifications and
other related documents provided by the Purchaser and
forming part of the Contract are the property of
Purchaser and shall not be used for any other purpose,
except for execution of the Contract. All rights,
including rights in the event of grant of patent and
registration of designs are reserved. The technical
information, drawings, specifications, records and
other documents provided by the Purchaser shall not be
copied, transcribed, traced or reproduced in any other
form or otherwise in whole and/ or duplicated,
modified, divulged and/or disclosed to a third party
nor misused in any other form whatsoever without
Purchaser's consent in writing except to the extent
required for the execution of this Contract. These
technical information, drawings, specifications and
other related documents which were originally provided
by the Purchaser shall be returned to the Purchaser
with all approved copies and duplicates, if any,
immediately after they have been used for the agreed
purpose.
68.0
The Tenderer shall bear all cost towards preparation of
tender document, Supply of Samples and arranging
demonstration.
69.0
Limitation of Liability:
69.1 The remedies stated in this Contract are exclusive
and in no event shall the Contractor be liable for any,
special, incidental, consequential or punitive damages
of any nature. Notwithstanding any other provision of
this contract, the Contractor's total liability to the
Purchaser, whether in Contract shall not exceed the
total amount paid to the Contractor under this
Contract.
69.2 The Purchaser shall be under no obligations to
accept the lowest or any tender and reserve the right
of acceptance of the whole or any part of the tender or
portion of the quantity offered and the Tenderer[s]
shall supply the same at the rates quoted.
69.3 The Tenderer shall bear all cost towards
preparation of tender.
70.0
Change in the Name and Address of the Supplier:
In the event of Change in Name and Address of Supplier,
Documentary Proof issued by the Appropriate Government
Authorities shall be produced for such change.
71.0
Lowest Offer:
The Lowest Technically suitable Offer [L-1] shall be
decided based on the aggregate value of all items put
together for which Quotation have been called for
wherever necessary.
72.0
Public Procurement for Startups:
The facilities/benefits will be extended for Startups
as per the Guidelines issued by Government of India.
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