GOVT. OF INDIA, DEPT. OF SPACE
I. Conditions for online submission of tenders
INDIAN SPACE RESEARCH ORGANISATION
ISRO PROPULSION COMPLEX (IPRC)
MAHENDRAGIRI, TIRUNELVELI DISTRICT
TAMILNADU 627 133, INDIA
TERMS AND CONDITIONS FOR SUBMISSION OF QUOTATION
AGAINST PUBLIC TENDER THROUGH E-PROCUREMENT
01. It is mandatory for interested parties to register as vendors in our e-procurement portal https://eprocure.isro.gov.in for participating in online e-Procurement process of ISRO. Only registered vendors can submit their offers online in our e-Procurement portal.
02. To register as vendors please refer to the help demos listed on the home page of the e-procurement link mentioned above. They may approach help desk (contact details provided on the home page) for any technical help for registration and subsequent process.
03. Bidders shall arrange themselves all resources, including Digital Signature Certificates (DSC) and Internet Connections at their own cost, for participating in online tendering.
04. Vendors can download the tender details and submit their offers online using their vendor accounts (obtained during registration) in our portal. Help demos for tender download and bidding processes are given on home page.
05. The tender should be submitted online in the IPRC Centre link before the due date and time as specified in the tender schedule in the portal.
II. Procedure for seeking clarifications/help for the tender
06. All enquiries regarding the tenders and submission of offers shall be online and only through our e-Procurement portal.
07. Vendors may approach help desk e-mail id and phone number given on the home page for any technical help (e-mail: email@example.com and Ph: 020-30187500).
III. Procedure for reporting technical issues, if any, in online submission
08. 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 at least 24 hours before the due date and time of the tender.
09. The time taken to ascertain, evaluate and suggest a solution for the problem reported by vendor may vary from case to case. Hence vendors are advised to submit the bid well in advance before closing date and time to avoid last minute issues.
10. IPRC 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.
11. Queries by vendors on technical problems on the last day of tender will not be binding on IPRC/ISRO for resolving/addressing. IPRC will not be responsible for non-submission of bids for those cases.
IV. Terms & conditions for extension of Tender Due Date
12. 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.
13. Request, if any, for extension of tender due date shall reach IPRC at least 4 working days in advance of due date and time for consideration. IPRC is not bound by such requests to extend the due date unless it feels necessary.
14. The e-procurement system does not permit submission of any offer after closing date and time of the e-tender. Hence, there is no scope for any late or delayed offer in the on-line bidding process.
15. Requests for extension of due date and time citing technical issues in online submission of offers will not be entertained.
16. In case there is complete breakdown of e-Procurement system on the last day of the tender for any reason then IPRC may extend the date for submission after their own assessment.
V. Reworking on Submitted bids:
17. Vendors have to note that once rework is initiated the status of the earlier submitted bid becomes ‘Pending’ 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.
18. IPRC 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.
19. Please note that unsolicited clarifications / changes / modifications sought by the vendors after submitting their bids will not be considered.
VI. Procedure for filling offers online:
20. Vendors may please note that in case of two-part tender, the price details shall be mentioned only in the price-bid template. If the price details either in part or full are indicated in the technical bid, the bid will be disqualified.
21. 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 IPRC 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.
VII. Using Digital Certificates for online submission
22. 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 IPRC e-procurement system.
23. 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.
24. 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.
VIII. Uploading files in to E-procurement portal:
25. 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 (preferably in pdf format). Literature / Technical data should accompany the quotation.
26. 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.
27. Vendors may note that documents including Literature / Technical data are to be uploaded through e-procurement system only.
IX. Tender Fee and EMD
28. Tender Fees and EMDs are Not Applicable
IX. Offer validity
29. The offer should be “valid for a minimum period of 90 days in case of Single Part Tender from the date of price bid opening” & in “Two Part Tender 120 days from the date of opening of technical bids , & 60 days from the price bid opening” .
30. Offers sent through post, telegram, fax, e-mail, courier will not be considered. Partially completed / incomplete tenders shall not be considered.
X. Terms for Technical-bid & Price-bid
31. The goods / material offered should be strictly as per our specifications. Change(s) in specifications, if any, should be clearly indicated by the supplier in his quotation. The supplier should also indicate make/type No. of the materials / equipments offered. Vague terms such as Best Indian, Best Indigenous and Imported make should not be used.
32. Only authorized dealers/agents or their accredited representatives for original manufacturers have to submit the quotation with documentary evidence.
33. Indian Agents while quoting on behalf of their principals shall attach necessary authorization letter from their Principals along with the bid.
34. In a tender, either the Indian Agent on behalf of the Principal/OEM or Principal/ OEM itself can bid but both cannot bid simultaneously for the same item/product in the same tender.
35. If an Indian agent submits bid on behalf of the Principal/OEM, the same Indian agent shall not submit a bid on behalf of another Principal/OEM in the same tender for the same item/product.
36. a) Facility of after sales service to be confirmed with details.
b) Permanent Account Number (PAN) allotted by Income-Tax authorities shall be furnished with documentary proof. Otherwise, documentary proof for having applied for PAN should be provided. Also PAN should be in the name of Company/Firm, if quoted by the Company/Firm and in the name of Individual, if quoted by individual.
c) Service Tax Registration No.
d) TIN No. / TAN No.
e) Local office in Tirunelveli / Nagercoil is preferable.
Note: (b) to (e) are applicable for Indian Companies only.
37. In case of imported items (stores), Ex-Works/FOB/FCA prices should be indicated. In case of indigenous stores the quotation should be on FOR-Destination / Door delivery basis.
38. Delivery period should be specified. For delayed deliveries and for delays in installation (wherever applicable), IPRC reserves the right to levy Liquidated Damages @ 0.5% per week or part thereof subject to a maximum of 10% of PO value.
39. For indigenous stores, the applicable rates of Excise Duty, Sales Tax/VAT and Service Tax etc., should be clearly mentioned. Terms like Tax/Excise Duty as applicable etc., will not be accepted. Please note that IPRC will not provide Form C/D. Excise Duty Exemption Certificate (EDEC) will be provided for the items covered under Ministry of Finance, Department of Revenue under Notification No. 10/97 Central Excise Dated 01.03.1997 as amended by Notification No. 16/2007 Central Excise Dated 01.03.2007 or Notification No. 64/95-CE dated 16.03.1995 as amended by Notification No. 7/08-CE dated 01.03.2008.
40. Customs Duty applicable against Notification No. 5/2018 Customs dated 25.01.2018. For imported items IPRC will provide Customs Duty Exemption Certificate.
41. Guarantee / Warranty period as applicable shall be indicated, along with the quote. Guarantee/Warranty shall commence from the date of installation and acceptance of the complete equipment supplied under the contract/purchase order.
42. IPRC reserves the right to accept or reject any quotation in full or part thereof by recording the reasons.
43. In case the vendor falls in the category of Small Scale Industries(SSIs), who are registered with NSI, Public Sector Undertakings (PSUs) and Micro & Small Enterprises (MSMEs) the same shall be mentioned in their quote for evaluation.
44. PAYMENT: 100% through RTGS within 30 days from the date of receipt and acceptance of items at our site is the normal payment for Indigenous supply.
In the case of direct Import, normal terms of payment are by Sight Draft. However, other terms of payment like establishment of Letter of Credit may be considered by the Purchaser on such terms and conditions as may be agreed upon.
The Sight Draft/Letter of Credit will be operative on presentation of the under mentioned documents –
a) Original Bill of Lading / Airway Bill
b) Commercially certified invoices describing the stores delivered, quantity, unit rate and their total value in triplicate. The invoice should indicate the discounts, if any, and Agency Commission separately.
c) Packing List showing individual dimensions and weight of packages.
d) Country of Origin Certificate shall be mentioned in the Invoice itself.
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 specifications asked for by the Purchaser.
g) Warrantee and guarantee certificates
Bank charges to respective accounts.
45. PERFORMANCE BANK GUARANTEE (PBG) :
The Supplier shall guarantee the successful and satisfactory performance/commissioning of equipment/machinery under the conditions specified in the Purchase Order. As a performance security, the SUPPIER shall furnish a performance bank guarantee (format enclosed) from Nationalized Bank/Scheduled Bank for an amount equal to the sum of 10% of the order value ensuring the due performance of equipment/machinery in accordance with all the specifications and terms specified in the Purchase Order herein valid for the warranty period. On due performance, the performance bank guarantee shall be automatically cancelled and returned to the Supplier within 30 days after expiry of the Warranty period. The performance bank guarantee shall have claim period of two months.
46. FORCE MAJEURE :
(a) If at any time during the execution of work, the performance in whole or in part by either party of any obligation under the work is prevented or delayed by reasons of any war, hostility, acts of the public enemy/terrorist, civil commotion, sabotage, fire, flood, earth quake, epidemics, quarantine restrictions, tsunami, strikes, lock-outs, or acts of God (hereinafter referred as Eventualities) and if notice is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall for such eventuality be entitled to terminate the work nor shall any party have any claim for damages against the other in respect of such non-performance or delay in performance. The performance under the work shall be resumed as soon as practicable after such eventualities have come to an end and the decision of the Department whether the performance has been resumed or not shall be final and conclusive.
(b) Provided further that if the performance in whole or in part of any obligation under the work is prevented or delayed by such eventuality for a period of exceeding 60 days, the Department may at their option terminate the Contract provided also if the work is terminated under this clause, the Department will be at liberty to take over from the Supplier at a price fixed by the Department which shall be final, all unused, un-damaged, and acceptable material, bought-out components and stores in course of erection and commissioning in the possession of the Supplier at the time of such termination of such portion thereof as the Department may deem fit excepting such material, bought-out components and stores as the Supplier may with the concurrence of the Department elect to retain.
47. Sales Tax/VAT and / other duties / levies where legally leviable and intended to be claimed should be distinctly shown separately in the tender. We will not issue any Concessional Form for availing Sales Tax concession as per extent orders. Hence, full percentage of tax shall be applicable.
48. Make, Model No., Catalogue, Client list, details of order from ISRO Centres/Units for similar items, Warranty/guarantee shall be mentioned in the offer. Specifications:- Stores offered should strictly conform to our specifications. Deviations, if any should be clearly indicated by the tenderer in your quotation. The tenderer should also indicate the Make/Type number of the stores offered and provide catalogues, technical literature and samples, wherever necessary along with the quotations. Test Certificates wherever necessary should be forwarded along with supplies. Whenever options are called for in our specifications, the tenderer should address all such options. Wherever specifically mentioned by us, the tenderer could suggest changes to specifications with appropriate response for the same.
49. The purchaser shall be under no obligation to accept the lowest or any tender and reserves the right of acceptance of the whole or any part of the tender or portions of the quantity offered and the tenderer shall supply the same at the rates quoted.
50. The Purchaser reserves the right to place order on the successful tenderer for additional quantity up to 25% of the quantity offered by them at the rates quoted.
51. Samples if called for, should be submitted free of all charges by the tenderer and the Purchaser shall not be responsible for any loss or damage thereof due to any reason whatsoever. In the event of non-acceptance of tender will have to remove the samples at his own expense.
52. 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.
53. All amounts shall be indicated both in words as well as in figures. Where there is difference between amounts quoted in words and figures, amount quoted in words shall prevail.
54. Wherever the tenderer is asked to submit sample for evaluation of tenders, the same shall be submitted along with your quote.
55. Wherever the tenderer asked to quote the charges separately for evaluation on commercial aspect as mentioned below, it shall be quoted separately otherwise the offer would be liable for rejection.
a. Installation charges
b. Third Party Inspection charges
c. Testing charges
d. Training charges
e. Erection & Commissioning charges
56. IPRC reserves the right to accept the tender as a whole or part thereof. Hence, acceptance of part order shall be confirmed in the offer. If offer is silent on this point, it will be presumed that part order is acceptable to you.
57. Deviations, if any, to our specification shall be explicitly spelt out.
All vendors should note that the entries for rate, taxes & duties, freight and any other levy shall be entered only in the relevant fields as provided in the financial offer form. In case, any entry is made by the vendor outside the relevant field, same shall be ignored by the system while evaluating the offers and will be ranked accordingly and PO will be placed ignoring such levies.
GENERAL TERMS AND CONDITONS OF CONTRACT
1. Definitions :-
a) The term ‘Purchaser’ shall mean the President of India 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’s successors, representatives, heirs, executers and administrators unless excluded by the contract.
c) The term ‘Stores’ shall mean, what Contractor agrees to supply under the contract as specified in the Purchase Order including erection of Plant & Machinery and subsequent testing should such a condition be included in the Purchase Order.
d) 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 conditions mentioned or referred to in the said communication accepting the Tender or offer of the Contractor for supply of stores or plant, machinery or equipment or part thereof.
2. 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) For a period of twelve months after the acceptance of the stores, if any defects are discovered therein or any defects therein found to have developed under proper use, arising from faulty stores 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 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 thereof.
d) The Contractor fail to rectify the defects, the Purchaser shall have the 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 not withstanding 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 defects has developed within the said period of 12 months as to whether nature of the defects requires renewal or replacement, shall be final, conclusive and binding on the Contractor.
f) To fulfill guarantee conditions outlined in clause 4 (a) to (e) above, the Contractor shall, at the option of the Purchaser furnish a Bank Guarantee (as prescribed by the Purchaser) from a Bank approved by the Purchaser for an amount equivalent to 10% of the value of the contract along with first shipment documents. On the performance and completion of the contract in all respects, the 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 of arrival of store 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 para 4 (b) & (c) shall be asked for guarantee period plus two months.
3. Packing, Forwarding & Insurance
The Contractor will be held responsible for the stores being sufficiently and properly packed for transport by rail, road, sea or air to withstand transit hazards and ensure safe arrival at the destination. The packing and marking of packages shall be done by and at the expense of the Contractor. The Purchaser will not pay separately for transit insurance all risks in transit being exclusively of the Contractor and the Purchaser shall pay only for such stores as are actually received in good condition in accordance with the contract.
The Contractor is responsible for obtaining a clear receipt from the transport authorities specifying the goods despatched. The consignment should be despatched with clear Railway Receipt / Lorry Receipt. If sent in any other mode it is at the risk of the Contractor. Purchaser will take no responsibility for short deliveries or wrong supply of goods when the same are booked on said to contain basis. Purchase shall pay for only such stores as are actually received by them in accordance with the contract.
5. 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, expense 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 purchase 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. 8 (c) 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 within six months from the date of rejection of the stores as aforesaid.
6. Rejected stores
Rejected stores will remain at destination at the contractor’s risk and responsibility, if instructions for their disposal are not received from the Contractor within a period of 14 days instructions from the date of receipt of the advice of rejection, the Purchaser or his representative has, at his discretion the right to scrap or sell or consign the rejected stores to contractor’s address at the contractor’s entire risk and expense Freight being payable by the Contractor at actuals.
a) The time for and the date of delivery of the stores stipulated in the purchase order shall be deemed to be essence of the contract and delivery must be completed on or before the specified dates.
b) Should the Contractor fail to deliver the stores or any consignment thereof within the period prescribed for such delivery, the Purchaser shall be entitled at his option either.
I. to recover from the Contractor as agreed liquidated damages and not by way of penalty, a sum of 10% of the price of any stores which the contractor has failed to deliver as aforesaid each month or part of a month during which the delivery of stores may be in arrears, or
II. to purchase elsewhere, without notice to the Contractor on the account and at the risk of the Contractor the stores not delivered or others of a similar description (where others exactly complying with the particulars, are not in the opinion of the Purchaser readily procurable, such opinion being final) without cancelling the contract in respect of the consignment (s) not yet due for delivery, or
III. to cancel the contract of a portion thereof and if so desired to purchase or authorize of stores not so delivered or others of a similar description (where others exactly complying with the particulars are not in the opinion of the Purchaser readily procurable such being final) at the risk and cost of the Contractor.
In the event of action being taken under sub-clause (ii) & (iii) of clause 10 above, the Contractor, shall be liable for any loss which the Purchaser may sustain on that account, provided that the re-purchase, or if there is an agreement to re purchase then such agreements is made within six months from the date of such failure. But the Contractor shall not be entitled to any gain on such re-purchase made against default. The manner and method of such re-purchase shall be at the discretion of the Purchaser, whose decision shall be final. It shall not be necessary for the Purchaser to serve a notice of such re-purchase on the defaulting Contractor. This right shall be without prejudice to the right of the Purchaser to recover damages or breach of contract by the Contractor.
8. Recovery of sums due
Whenever any claim for the payment of whether liquidated or not, money arising out of under this contract against the Contractor, the Purchaser shall be entitled to recover such sum by appropriating. In part or whole the security deposited by the Contractor, if a security is taken against the contract. In the event of the security being insufficient or if on security has been taken from the Contractor, then the balance or the total sum recoverable, as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to the Contractor under this or any other contract with the Purchaser. Should this sum be not sufficient to cover the full amount recoverable, the Contractor shall pay to the Purchaser on demand the remaining balance due. Similarly, if the Purchaser has or makes any claim, whether liquidated or not, against the Contractor under any other contract with the Purchaser, the payment of all moneys payable under the contract to the Contractor including the security deposit shall be with-held till such claims of the Purchaser are finally adjudicated upon and paid by the Contractor.
The Contractor shall warrant and be deemed to have warranted that all stores supplied against this contract are free and clean of infringement of any Patent, Copyright 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 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 sufficiency of all means used by him for the fulfillment of the contract.
10. Security Deposit (S.D):
The Supplier shall provide Bank Guarantee for an amount equivalent to the 10% (TEN PERCENT) of the total Order value towards Security Deposit for the due performance of the Purchase Order. The Security Deposit can be submitted in the form of Bank Guarantee (format enclosed) or Fixed Deposit receipt obtained from any Nationalized/ Scheduled Bank and it shall be kept valid for a period of sixty days beyond the date of completion of the Purchase Order. This Security Deposit will be returned to the Supplier only upon successful completion of all the contractual obligations or shall be adjusted/ forfeited against non-fulfilment of any of the contractual obligations. The Security Deposit shall be submitted within 30 days from the date of receipt of Purchase Order.
Central PSUs/PSEs/Autonomous Bodies are exempted from the payment of Security Deposit, and instead, an Indemnity Bond is required to submit along with valid documentary proof in lieu of providing bank guarantee for Security Deposit.
11. Liquidated Damages (L.D) :
The delivery period / completion period shall be the essence of the Purchase Order. If the Supplier fails to meet delivery date within the time specified above or any extension thereof, the Department will recover from the Supplier as Liquidated Damages (LD) a sum of 0.5% of the total order value for each calendar week of delay subject to a maximum of 10% of the order value of undelivered items.
In the event of any question, dispute or difference arising under these conditions or any conditions contained in the purchase order or in connection with this contract, (except as to any matter the decision of which is specially provided for by these conditions) the same shall be referred to the sole arbitration of the Head of the Purchase office or of some other person appointed by him. It will be no objection that the Arbitrator is a Government servant, that he had to deal with matter to which the contract relates or that in the course of his duties as Government servant he has expressed views on all or any other matters in dispute or difference. The award of the Arbitrator shall be final and binding on the parties of this contract.
It is a term of this contract
a) If the arbitrator be the Head of the Purchase Office
(i) In the event of his being transferred or vacating his office by resignation or otherwise, it shall be lawful for his successor-in-office either to proceed with reference himself, or to appoint another person as Arbitrator, or
(ii) In the event of his being unwilling or unable to act for any reason, it shall be lawful or the Head of the Purchase Office to appoint another person as arbitrator, or
b) If the arbitrator be a person appointed by the Head of the Purchase Office in the event of his dying, neglecting or refusing to act or resigning or being unable to act, for any reason it shall be lawful for the Head of the Purchase office either to proceed with the reference himself or appoint another person as arbitrator in place of the outgoing Arbitrator.
Subject to as aforesaid the Arbitration and Conciliation Act, 1996 and the rules there-under and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this Clause. The Arbitrator shall have the power to extend with the consent of the Purchaser and the Contractor the time for making and publishing the award. The venue of arbitration shall be the place as Purchaser is his absolute discretion may determine. Work under the contract shall, if reasonably possible continue during Arbitration proceedings. In the event of any dispute of difference relating to the interpretation and application for the provision of the contractors such dispute or difference shall be referred by either party to the arbitration of one of the arbitration in the department of public enterprises. The arbitration act 1996 shall not be applicable to the arbitration under this clause. The award of the arbitration shall be binding upon the parties to the dispute provided however any party aggrieved by such award may make a further reference for setting aside or revision of the award to the law secretary, Department of Legal affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or Special Secretary/ Additional Secretary when so authorized by the Law Secretary whose decision shall bind the parties finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the Arbitration.
The courts in Tirunelveli, Tamil Nadu will have jurisdiction on the legal issues and the legal proceedings will be held in Tirunelveli, Tamil Nadu.
13. Counter Terms and Condition of Suppliers
Where counter terms and conditions / printed or cyclostyled conditions 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.
14. Security for Purchaser’s Materials
Successful tenders will have to be furnished in the form of a bank guarantee or any other form as called for by the Purchaser towards adequate security for the materials / property provided by the Purchaser for the due execution of the Contract.
15. INSPECTION AND ACCEPTANCE TESTS:
The purchaser’s representatives shall also be entitled at all reasonable times during manufacture to inspect, examine and test on 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 for the purchaser’s representative permission to inspect, examine, and test as if the equipment were being manufactured on the contractor’s premises. Such inspection, examination and testing shall not release the contractor from the obligations under this contract.
For tests on the premises of the contractor or of 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 purchaser’s representative to carry out the tests efficiently.
When the stores have passed the specified test, the purchaser’s representatives shall furnish a certificate to the effect in writing to this Contractor. The contractor shall provide copies of the tests certificates to the purchaser as may be required.
SPECIAL TERMS & CONDITIONS FOR FOREIGN TRADE
I. INSTRUCTIONS TO TENDERERS
1. A Proforma invoice may also be given which should contain the following information.
a) The FOB Value, the C & F Value for import by sea-freight / Air freight upto and for air parcel post upto ………………………………(place) should be separately indicated.
b) Agency Commission: The amount of commission included in the price and payable to the Indian Agents of the Contractor shall be paid directly to the Indian Agents by the Purchaser in equivalent Indian Rupees on the basis of an Invoice from him applying T.T. buying rate of exchange ruling on the date of placement of the Purchase Order and which shall not be subject to any further exchange variations. This payment will be released to the Indian Agents within 30 days from the date of receipt and acceptance of Stores.
c) 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 Agents directly by the Purchaser. However, the contractor’s invoice should separately reflect the amount of commission payable to his Indian Agent.
d) The earliest delivery period and country of origin of the Stores.
e) Banker’s name and address of the Contractor.
f) The approximate nett and gross weight and dimensions of packages / cases.
g) Recommended spares for satisfactory operation for a minimum period of one year.
h) Details of any technical service, if required for erection, assembly, Commissioning and demonstration.
2. The FOB, FCA and C & F prices quoted should be inclusive of all taxes, levies duties arising in the tenderers’ Country.
3 Offers made by Indian Agents on behalf of their Principals, should be supported by the Proforma Invoice of their Principal.
4. Instructions/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.
5. a) Part shipment is not allowed unless specifically agreed to by us.
b) As far as possible stores should be dispatched by Indian Flag Vessels / Air India through any Agency nominated by us.
6. Inspection / Test Certificate should be provided for the goods after testing it thoroughly at the contractor’s works. If any inspection by Lloyds or any other testing agency is considered necessary, it shall be arranged by contractors.
7. Where erection or 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.
8. For items having shelf life, those with maximum shelf life should be supplied if order is placed.
Supplier shall bear demurrage charges, if any, incurred by the purchaser due to delayed presentation of shipping documents to IPRC or to the Bankers within reasonable time (say within 10-12 days) from the date of bill of lading for sea consignments and within 3-4 days from the date of Air Way Bill for Air consignments.
10. MODE OF DESPATCH:
Generally, stores should be despatched by Indian Flaged Vessel / Air, India or through any other Freight Forwarding Agency nominated by the purchaser. A copy of the invoice and packing list should invariably be kept inside each of the package.
11. PORT OF ENTRY:
12. ULTIMATE CONSIGNEE:
Purchase & Stores Officer, Stores, IPRC Mahendragiri, Tirunelveli District, Tamilnadu - 627 133
13. SHIPPING MARKS:
The mark on the shipping documents such as invoice bill of lading and on the packages should be as follows:-
PURCHASE ORDER NO dated
PURCHASE & STORES OFFICER (STORES)
GOVERNMENT OF INDIA
DEPARTMENT OF SPACE
PORT OF ENTRY:
14 INSURANCE OF THE STORES
The purchaser shall not be responsible for insuring the Stores, wherever considered necessary. The contractor shall however be responsible for notifying as per proforma enclosed, to the purchaser or the insurers 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 of the insurers to arrange for the insurance policy, if required,the necessary or otherwise of insurance will be as indicated in the Purchase Order.
15 CONTRACTORS DEFAULT LIABILITY:
15.1 The Purchaser may upon written notice of default to the Contractor, terminate the Contract in whole or in part in circumstances detailed hereunder:-
a. If in the judgement of the Purchaser the Contractor fails to make delivery of Stores within the time of specified in the Contract Agreement or within the period for which extension has been granted by the Purchaser to the Contractor.
b. If in the judgement of the Purchaser the Contractor fails to comply with any of the other provisions of this contract.
15.2 In the event the purchaser terminates the contract in whole or in part as provided the purchaser reserves the right to purchases upon such terms and in such a manner as he may deem appropriate Stores similar to that terminated and the contractor shall be liable to the Purchase for any additional costs for such similar stores and / or for liquidated damages for delay as defined in Clause 19 until such reasonable as may be required for the final supply of Stores.
15.3 If this contract is terminated, 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 rights (herein after called manufacturing material) as the Contractor has specifically produced or acquired for the performance of 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.
15.4 In the event the Purchaser does not terminate the contract, 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 until the stores are accepted.
a) The Contractor whatever applicable shall pack and cover 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 practice and in such a manner so as to protect it from damage and deterioration in transit by road rail or sea for space qualified store. The contractors shall be held responsible for all damages due to improper packing.
b) The contractor shall ensure that each box/unit of shipment is legible and properly marked for correct identification. The failure to comply 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) Transhipment of equipment shall not be permitted except with written permission of the purchaser.
f) Apart from the despatch documents negotiated through Bank, the following documents 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 consignments.
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 Certificate (3 copies)
e) Certificate of Origin shall be declared in the Invoice itself
Contractor shall also ensure that one copy of the packing list is enclosed in each case.
If at any time any question, disputes or differences whatsoever shall arise between the purchaser and the contractor upon or in connection with this contract, either party may forth with give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to the adjudication of two arbitrators, one to be nominated by purchaser other by a contractor and in the event of any difference, of opinion, the arbitrators will refer the matter to the umpire. The arbitration shall be conducted in accordance with the rules and procedure for arbitration of the International Chamber of Commerce at Paris. The expenses of the arbitrators and umpire shall be paid as may be determined by them. However, the venue of such arbitration should be in India.
18. LANGUAGE AND MEASURES
All documents pertaining to the contract including specifications, schedule notices, correspondence, operating and maintenance instructions drawings or any other writings shall be written in English language. The metric system of measurement shall be used exclusively in the contract.