Through online e-Mode...(Umesh Shah) Manager (Contracts) For and on behalf of Nuclear Power Corpn....

SPT/IND of 43

NUCLEAR POWER CORPORATION OF INDIA LIMITED

(A Government of India Enterprise)

Rawatbhata Rajasthan Site CONTRACTS & MATERIALS MANAGEMENT WING

Phone No. 01475-242271

Fax No. 01475-242158

Rawatbhata Rajasthan Site,

Plant Site, Anushakti, Via-Kota,

Rajasthan - 323303.

UINVITATION TO TENDER

To

Through online e-Mode Tender No.

RRSite/Stations/Common/CMM/HOSP/71374

Dated As per online eportal

Due Date As per online eportal

Dear Sir,

For and on behalf of Nuclear Power Corporation of India Ltd., Head(CMM), RR Site,

Rawatbhata invites bids for the supply of Stores detailed in the Form No. CMM-22A/Rev.4. Any

contract against this tender will be governed by General Conditions of Contract contained in form No.

CMM-22/Rev.4 annexed herewith. If you are in a position to quote for the supply in accordance with

the requirement stated in the attached form, pPlease submit your bid in the online bidding form i.e.

Tender Form CMM-22A/Rev.4U.

Your bid must be submitted in online e-Mode through our NPCIL e-Tendering Website i.e.

https://npcil.etenders.inT on or before the due date and time mentioned in online eportal.

Yours faithfully,

(Umesh Shah)

Manager (Contracts) For and on behalf of Nuclear Power Corpn. of India Ltd.

(The Purchaser)

https://npcil.etenders.in/

https://npcil.etenders.in/

SPT/IND of 43


(A Government of India Enterprise)

Rawatbhata Rajasthan Site CONTRACTS & MATERIALS MANAGEMENT WING

Phone No. 01475-242159

Fax No. 01475-242158

Rawatbhata Rajasthan Site,

Plant Site, Anushakti, Via-Kota,

Rajasthan - 323303.

INSTRUCTIONS TO TENDERERS

1. The bid (E-bid) shall be submitted in E-mode at our NPCIL E-Tendering Web Site i.e.

https://npcil.etenders.in on or before the due date and time. It is in the interest of the Tenderers

to ensure that the e-Bids are submitted well in time. e-Bids shall be submitted only on our

NPCIL e-Tendering Web Site i.e. https://npcil.etenders.in Bids in hard copy/any other form

shall not be accepted in any case.

2. The system will not allow submitting E-bids after last date and time. Therefore, the bidder shall ensure

the submission of E-bids well within the due date and time.

3. The delivery of all items contained in the tender shall be made in one lot. As such, no prorata

delivery shall be permitted unless asked for nor will any price variation be allowed.

4. (a) The bids shall remain valid for acceptance for 90 days from the due date of tender.

(b) Prices are required to be quoted according to units indicated in the annexed Tender

Form. When bids are given in terms of units other than those specified in the Tender

Form, relationship between the two sets of units must be furnished.

5. The prices quoted shall be on free and safe delivery basis to the place of delivery mentioned in

the tender. These prices shall remain FIRM throughout the currency of contract. Ex-stock

delivery will be preferred. If ex-stock delivery cannot be offered, earliest guaranteed delivery

date by which time the stores can be supplied shall be indicated.

6. Price Quoted shall be DAP(Delivery at Place) at RAWATBHATA RAJASTHAN SITE

including GST and all other indirect taxes and duties. Freight and Transit Insurance Charges

shall be included in the Price Quoted.

7. Bid should contain bidder‟s specific confirmation regarding compliance of all commercial

terms and conditions of the Tender as per ITT(Section-A), General Conditions of Contracts,

Special conditions of contracts(Section-B) and Section D(if applicable). The Bidders, in

addition should mention applicability of Statutory Levies likes Goods and Services Tax

(CGST/SGST/UTGST/IGST) etc. and all other related information. The input tax credit

benefits available to Indian manufacturers/dealers/contractors, etc. shall, however, be taken

into consideration in quoted prices and the Bidder shall pass on the benefits to the Purchaser..

8. GST as applicable during the contractual delivery period shall be reimbursed by the purchaser

at actuals against submission of a certificate from the contractor.

9. In case of increase in exiting taxes/duties and any other new indirect taxes/cess, if levied by

Government during the contractual delivery period, the same shall be reimbursed/paid by the

Purchaser, as the case may be, at actuals against documentary evidence and on submission of a

SPT/IND of 43

certificate from the contractor. This provision shall not apply to changes in Personal Income

Tax or Corporate Income Tax or to change in non-Indian Taxes.

10. Any contract pursuant to this tender shall be governed by General Conditions of Contract

governing supply of stores as per Form No. CMM-22/Rev.4 and *Special Commercial Terms

and Conditions enclosed herewith. Accordingly, the Tenderer shall submit his bid strictly as

per the Terms and Conditions contained therein. *Special Commercial Terms and Conditions

shall prevail over the General Conditions of Contract Form No. CMM-22/Rev.4 to the extent

of difference between them. In exceptional cases, if any deviations are proposed these must be

clearly stated in the bid and incorporated as Annexure-'B' to the tender form. The right to

accept or reject these deviations is absolutely reserved by the Purchaser.

11. Bids seeking deviations from the above mentioned terms and conditions of the tender are liable

to be rejected.

12. The Purchaser reserves the right to accept or reject, lowest or any bid, in whole or in part,

without assigning any reasons whatsoever and without any liability to the Purchaser. The

Tenderer not withstanding that his bid has not been accepted in whole shall be bound to supply

such item or items and such portion or portions of one or more items, as may be accepted by

the Purchaser.

13. Scanned copy of the latest Income Tax Clearance Certificate/Scanned copy of the latest

Income Tax returns filed with Income Tax Department duly attested by the tenderer shall be

uploaded with the bid without fail.

14. Tenderer‟s GST Identification Number(GSTIN) should be indicated in the bid.

15. If registered with NPCIL/DGS&D/NSIC/SSI/DPS etc., registration details should be indicated

in the bid.

16. Purchase Preference :

Purchase Preference to Micro and Small Enterprises (MSEs) for Supply of Goods or Services

will be given as per Public Procurement Policy for Micro & Small Enterprises (MSEs), order

2012 and Amendment order, 2018 under Micro, Small and Medium Enterprises Development

Act, 2006 of Government of India or as amended from time to time, in force at the time of

opening of bids provided their bids are in compliance with the conditions of policy.

In case a tendered item is non-splitable or non-divisible, MSE quoting Price within the Price –

band of “L1- Price (Other than MSE) + 15%” may be awarded for full/ complete value of

supplies, subject to matching of the L1 Price.

The MSEs, who are interested in availing themselves of the benefits, will enclose with their

offer the proof of their being MSE registered with any of the agencies mentioned in

notification no. 503 dated 26.03.2012 and notification no. 85 (E) dated 10.01.2017 as printed in

the Gazette of India indicated below:-

(i) Udyog Aadhar Memorandum (UAM) issued by Ministry of MSME

(ii) District Industries Centers

(iii) Khadi and Village Industries Commission

(iv) Khadi and Village Industries Board

(v) Coir Board

(vi) National Small Industries Corporation

(vii) Directorate of Handicraft and Handloom

(viii) Any other body specified by Ministry of MSME.

SPT/IND of 43

The MSE bidder must upload a copy of registration certificate along with the bid, failing which

such bid shall be rejected.

i) Wherever, the certifying agency is issuing the registration certificate with terminal

validity, the MSE must also indicate the terminal validity date for their registration. The

MSE should upload certificate valid as on date for submission of tender. In case such a

certificate claiming exemption from payment of Tender Fee is found to be defective or

invalid, such bids shall be rejected.

Or

ii) Wherever the certifying agency is issuing registration certificate without terminal

validity, the same shall be submitted for claiming exemption from payment of Tender

Fee. In case such a certificate claiming exemption from payment of Tender Fee is

found to be defective or false, such bids shall be rejected.

The contractor on whom the contract may be entered into against this tender shall furnish the

Purchaser, the details of the sub-contractors meeting any part of contract execution herein and

who qualify as MSE‟s as per the Micro, Small and Medium Enterprises Development Act,

2006 and amendments to same.

17. Banning of Business Dealings by NPCIL

17.1. Grounds for Banning

The business dealing with the Contractor shall be liable for banning, on account of the reasons

attributable to them, which shall include, but not limited to the following:

17.1.1. Involvement in cartel formation during bidding.

17.1.2. Baseless allegations by the bidder on NPCIL evaluation Process or officials.

17.1.3. If any of the owner, proprietor or partner of the Contractor, is convicted by a court of law,

during bidding process or currency of the contract, for offences involving corrupt and

fraudulent practices including misrepresentation of the facts, moral turpitude in relation to

its business dealings with NPCIL.

17.1.4. Malafide /unlawful acts /malpractices or improper conduct on part of Contractor based on

the approved findings of the Investigation agency.

17.1.5. If the Contractor misuses the premises or facilities of the NPCIL forcefully occupies,

tampers or damages the Company properties etc. or fails to vacate the

properties/land/complex within reasonable time limit as specified or even after receiving the

notices from the department.

17.1.6. Security concerns for the assets of the Corporation and State.

17.1.7. Submission of bids that contain false information or falsified documents or the concealment

of such information in the bids in order to influence the outcome of eligibility screening or

/at any other stage of public bidding and execution.

17.1.8. Withdrawal of a bid or refusal to accept an award of contract with the NPCIL without

justifiable cause, after being adjudged as the successful bidder.

SPT/IND of 43

17.1.9. Supply of Counterfeit items.

17.2. Show Cause Notice

17.2.1. NPCIL will issue Show Cause Notice to the Contractor on noticing/receipt of a complaint of

any irregularities and /or misconduct and /or unethical practice as mentioned in clause no.

17.1.

17.2.2. Upon receipt of Show cause notice, the Contractor is required to submit the reply to Show

Cause Notice within 30 days of its receipt and no extension shall be given without

justifiable reasons. The Contractor shall also be given an opportunity for oral hearing to

present the case in person to NPCIL and the date of Oral Hearing will be indicated in the

Show Cause Notice. Only the regular employees of Contractor will be permitted to

represent the Contractor during the Oral hearing, and no outsider shall be allowed to

represent the Contractor on their behalf.

17.3. Period of Banning

The period of banning shall be for a period of three years or as considered appropriate by

NPCIL in the first instance and for a period up to five years for repeated instances.

17.4. Effect of Banning of Business Dealings by NPCIL:

In case NPCIL has banned the business dealing with the bidder/contractor, the following shall

be the consequences on issuance of the order of banning of business dealings with the

bidder/contractor:-

17.4.1. The bidder shall not be allowed to participate in any future tender enquiry. If the bidder has

already participated in tender process and the price bids are not opened, his techno-

commercial bid will be rejected and price bid will be kept unopened. In cases, where the

price bids of bidder have been opened prior to the order of banning, such bids shall be

rejected.

17.4.2. The bidder shall not be permitted to participate in any business process in any form or entity

i.e. as Associate/Collaborator/Joint Venture Partner/Consortium Partner of the Main

Contractor even if the banning order is passed subsequent to opening of Part-I bids.

17.4.3. The bidder shall not be allowed to participate as Sub-Vendor/sub-contractor in the tenders

for contracts for works, service and supplies.

17.4.4. Even if, the banned contractor is an approved sub-vendor under any Contract for such

equipment/component/service, the Main contractor shall not be permitted to place work

order/Purchase order/Service contract on the banned contractor as a sub-vendor after the

date of banning even though the name of the party has been approved as a sub-vendor prior

to the order of banning.

17.4.5. The completion certificate issued to the contractor shall make a mention regarding banning

during execution of the contract.

17.4.6. Banned bidder shall not be permitted to submit the bid. The bid submitted by the banned

bidder shall be summarily rejected.

18. Civil Liability for Nuclear Damages (CLND) Act 2010 & Rule 2011 thereof:

SPT/IND of 43

Subsequent to the enactment of CLND Act 2010 and Rule 2011, the Purchaser shall have Right

to Recourse against the contractor in accordance with provisions under Section 17(a) of Civil

Liability for Nuclear Damage Act, 2010, as referred in GCC.

To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right to

Recourse, following definition to be considered by the bidder before submission of bids.

i. “Contractor” – shall be as per applicable GCC.

ii. “Supplier” shall be as defined in CLND Rule 24-2.

iii. “Product Liability Period (PLP)” shall be as defined in CLND Rule 24-2.

Explanation w.r.t. GCC: In case of supply of equipment(s), PLP shall be the

Defect Liability Period plus contractual Latent Defect Liability Period, where as

in case of services, PLP shall be up to Defect Liability period as defined in

applicable GCC.

iv. “Initial License” (Refer CLND Rule 24-2): The initial license, unless otherwise

specified, is valid for a period of five years from the date of its issue by AERB.

* Strike off if not applicable * * *

SPT/IND of 43

FORM NO. CMM – 22/Rev.4


(A GOVERNMENT OF INDIA ENTERPRISE)

CONTRACTS AND MATERIALS MANAGEMENT WING

GENERAL CONDITIONS OF CONTRACT

GOVERNING SUPPLY OF STORES

APPLICABLE TO THE CONTRACTS FOR

INDIGENOUS STORES PLACED BY


SPT/IND of 43

INDEX

LIST OF CONTENTS

CLAUSE

NO. TITLE

PAGE

NO.

01 PREAMBLE 03

02 DEFINITIONS 03

03 SUBLETTING OR ASSIGNMENT OF CONTRACT 05

04 CONTRACT SPECIFICATIONS AND DRAWINGS 05

05 ALTERATION OF SPECIFICATION, PATTERNS & DRAWINGS 06

06 MISTAKES IN DRAWINGS 06

07 CONTRACTOR'S LIABILITY FOR DEFECTIVE STORES 06

08 WARRANTY 07

09 CONTRACT PRICE / RATE 07

10 SAMPLES 07

11 PACKING & MARKING 07

12 CONTRACTOR'S LIABILITY REGARDING DESPATCH /

DELIVERY 08

13 INSURANCE 08

14 DELIVERY SCHEDULE 08

15 FORCE MAJEURE 10

16 QUALITY SURVEILLANCE, INSPECTION, ACCEPTANCE AND

REJECTION 10

17 RECOVERY OF SUMS DUE 11

18 MODES OF PAYMENT 12

19 TERMS OF PAYMENT 12

20 SUPPLY OF FREE ISSUE MATERIAL (FIM) 13

21 EXERCISING THE RIGHTS & POWERS OF THE PURCHASER 14

22 INDEMNITY 15

23 ARBITRATION 15

24 PERMITS & LICENCE 16

25 INSPECTION & FINAL ACCEPTANCE TEST 16

SPT/IND of 43

CLAUSE

NO. TITLE

PAGE

NO.

26 TITLE TO THE PLANT / EQUIPMENT / MACHINERY /

INSTRUMENTS 16

27 TRAINING 16

28 OPERATION INSTRUCTION MANUAL 17

29 LAW GOVERNING THE CONTRACT 17

30 JURISDICTION 17

31 SECRECY 17

LIST OF ANNEXURES / APPENDICES

ANNEXURE – A : FORMAT FOR “INDEMNITY BOND AGAINST FREE ISSUE

MATERIAL”

APPENDIX – A : FORMAT FOR “CERTIFICATE TOWARDS EXCISE DUTY”

APPENDIX – B : FORMAT FOR “CERTIFICATE TOWARDS SALES TAX”

APPENDIX – C : FORMAT FOR “CERTIFICATE TOWARDS SERVICE TAX”

SPT/IND of 43

CMM-22/Rev. 4

GENERAL CONDITIONS OF ALL CONTRACTS

FOR INDIGENOUS STORES

PLACED BY


(A GOVERNMENT OF INDIA ENTERPRISE)

GENERAL CONDITIONS OF CONTRACT

1 PREAMBLE

1.1 The scope of the Contract shall be design, manufacture, supply, inspection, test, erect and

commission, as the case may be, of the Stores, plants, materials, components, equipment, machineries,

instruments, appliances and accessories, in accordance with the technical specifications and drawings

of the Contract documents.

1.2 The General Conditions of Contract (Form No. CMM-22/Rev.4) shall form a part of the

Contract.

1.3 In case of any conflict between the terms and conditions of the General Conditions of

Contract (Form No. CMM-22/Rev.4) and the conditions as may be stipulated in the Contract, the latter

shall prevail to the extent applicable.

2 DEFINITIONS

2.1 "PURCHASER" shall mean Nuclear Power Corporation of Limited, A Government of India

Enterprise acting through Executive Director, Directorate of Contracts & Materials Management

(hereinafter called NPCIL).

2.2 “EXECUTIVE DIRECTOR", Directorate of Contracts and Materials Management, shall

mean Executive Director, Contracts & Materials Management of NPCIL and includes any other

officer entrusted with the function of Contracts and Materials Management (CMM) by NPCIL.

2.3 "INSPECTOR” shall mean any person appointed by or on behalf of the Purchaser to inspect

or carry out quality surveillance on supplies, stores or work under the Contract or any person deputed

by the Inspector for the said purpose.

2.4 "ENGINEER" shall mean the person nominated by the Purchaser to carry out all

engineering functions concerning the contract including interalia approval of manufacturing, drawings,

post contract technical follow up, accounting of free issue materials where involved and such other

technical functions.

2.5 "PARTICULARS" shall mean the following: --

2.5.1 Specification(s);

2.5.2 Drawing(s);

2.5.3 Sealed pattern denoting a pattern sealed and signed by the Inspector;

SPT/IND of 43

2.5.4 Proprietary make denoting the produce of any individual firm; and

2.5.5 Any other details governing the construction, manufacture and/or supply as provided in the

Contract.

2.6 "PARTIES” to the Contract are the Contractor named in the Contract and the Purchaser.

2.7 "CONTRACTOR” shall mean 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 legal successors and/or

assignees (approved by the Purchaser), representatives, heirs, executors and administrators unless

excluded by the Contract.

2.8 "STORES” shall mean and include what the Contractor agreed to supply under the Contract

as specified in the Contract and shall include inter-alia goods and materials, equipment, machinery,

components, instruments, appliances, accessories and plant

2.9 “CONTRACT” or "PURCHASE ORDER” shall mean the communication or document

signed for and on behalf of the Purchaser by an Officer duly authorised confirming the acceptance for

and on behalf of the Purchaser on the terms and conditions mentioned or referred to in the said

communication or document including all attachments and appendices thereto while accepting the

Tender or Offer of the Contractor for supply of Stores and any subsequent amendments thereto made

on the basis of mutual agreement.

2.10 "SHIPPING RELEASE" shall mean the document issued by the inspector or the inspection

agency nominated by the Purchaser authorising the Contractor to ship the Stores on satisfactory

completion of inspection.

2.11 "GUARANTEE PERIOD" or" WARRANTY PERIOD" shall mean the period during

which the Contractor shall remain liable without any extra cost to the Purchaser for repair, replace or

rectify any defective part or performance of the Stores supplied under the Contract.

2.12 "BID" shall mean and include offer and quotation.

2.13 "PERFORMANCE TEST" shall mean all operational checks and tests required to

determine the performance parameters including inter-alia capacity, efficiency and operating

characteristics of the Stores as specified in the Contract.

2.14 "ACCEPTANCE” shall mean and deemed to include one or more of the following as

stipulated in the tender:

a) the written acceptance of stores by the Inspector at Contractor's works to ship the

materials;

b) acceptance of the stores at Purchaser's Site Stores after its receipt and due inspection and

release of Material Receipt Voucher. Where the scope of the Contract is only supply, the acceptance

should be completed within 75 (seventy five) days from the date of receipt of Stores at Purchaser's Site

subject to Contractor meeting the requirements stipulated in the Contract.

c) Where the scope of the Contract includes supply, erection and commissioning,

acceptance shall mean issue of necessary Material Receipt Voucher after commissioning and final

acceptance of Equipment, Machinery and Instrument etc. which should be completed within 75

(seventy five) days from the date of commissioning of the Stores at Purchaser's Site subject to

Contractor meeting the requirements stipulated in the Contract.

SPT/IND of 43

3 SUBLETTING OR ASSIGNMENT OF CONTRACT

3.1 The Contractor shall not sublet, transfer or assign the Contract or any part thereof or bills or

any other benefits, accruing there from or under the contract without the prior written consent of the

Purchaser. However, such consent shall not be unreasonably withheld by the Purchaser, if such stores

are not normally manufactured by the Contractor. Such assignment or sub-letting shall not relieve the

Contractor from any contractual obligation or responsibility under the Contract.

3.2 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part

thereof and to purchase from other sources at the risk and cost of the Contractor in terms of clause no.

15.2 hereof and/or recover from the Contractor damages arising from such cancellation.

3.3 In case the Contractor sublets, transfers or assigns any part of the Contract with the prior

written consent of the Purchaser, all payments to the sub-Contractor shall be the responsibility of the

Contractor and any requests from such Sub-Contractor shall not be entertained by the Purchaser.

4 CONTRACT SPECIFICATIONS AND DRAWINGS

4.1 Quality and Workmanship

4.1.1 The Stores shall be brand new, of the best quality and workmanship and shall comply in all

respects with Particulars of the Contract.

4.1.2 The Contractor shall be deemed to have carefully examined all Contract documents and

obtained clarifications from the Purchaser where needed to his entire satisfaction before submitting the

bid. In particular and without prejudice to the foregoing conditions and in addition thereto, when

tenders are called for furnishing Particulars, the Contractor‟s tender to supply in accordance with such

Particulars shall be deemed to be an admission on his part that he has fully acquainted himself with the

details thereof and no claim on his part which may arise on account of non-examination or

misunderstanding of the Particulars will, in any circumstances, be considered by the Purchaser or be

recoverable from him.

4.1.3 The Contractor shall be responsible for and shall pay for any alterations of Stores and shall

indemnify the Purchaser for any consequential expenditure incurred by the Purchaser due to any

discrepancies, errors or omissions in the drawings or other Particulars supplied by the Contractor

whether such drawings or specifications have been approved by the Purchaser or not.

SPT/IND of 43

4.2 Any fittings or accessories which may not be specifically mentioned in the Specifications or

Particulars but which are usual or necessary for proper and efficient functioning of the Stores as per

the specification of the tender shall be supplied by the Contractor without extra charge to the

Purchaser; the Stores supplied shall be complete in all respects.

5 ALTERATION OF SPECIFICATIONS, PATTERNS AND DRAWINGS

5.1 The Purchaser reserves the right to alter whenever necessary specifications, patterns and

drawings. As from that date, the Stores shall be in accordance with the specifications; patterns and

drawings so altered, which the Contractor is bound to comply with.

5.2 In the event of such alteration involving a revision in the cost, or in the delivery period the

same shall be discussed and mutually agreed to taking into account the unit rates of similar items in

the Contract. In case of disagreement, the decision of the Purchaser, in the cost or the delivery period,

shall be final and conclusive.

6 MISTAKES IN DRAWINGS

The Contractor shall be responsible to make all necessary alterations of the Stores which are

occasioned due to any discrepancies, errors or omission in the drawings or Particulars submitted by the

Contractor irrespective of whether these have been approved by the Purchaser or not. If the Contractor

fails to make such alterations, the Purchaser may do so at the risk and cost of Contractor.

7 CONTRACTOR'S LIABILITY FOR DEFECTIVE STORES

7.1 The Purchaser may accept the Stores, if it is complete in all respects or alternatively accept

the same on such terms as may be considered appropriate. If the Stores after the acceptance thereof is

discovered to have defects, latent or otherwise, notwithstanding that such defects could have been

discovered at the time of inspection, or any defects therein are found to have developed during the

Guarantee Period while under proper use or subsequently it is found that Stores failed to fulfill the

requirements or Particulars of the Contract or developed defects after erection within a period of 12

(twelve) months from the date of acceptance, the Purchaser shall be entitled to give a notice to the

Contractor within 14 months from the date of acceptance of stores setting forth details of such defects

or failure and the Contractor shall forthwith make the defective Stores good or alter the same to make

it comply with the requirements of the Contract at his own cost. Further if in the opinion of the

Purchaser, defects are of such a nature that the same cannot be made good or repaired without

impairing the efficiency or workability of the Stores or if in the opinion of the Purchaser, such opinion

being final, the Stores cannot be repaired or altered to make it comply with the requirements of the

Contract, the Contractor shall remove and replace the same with a Stores conforming in all respects to

the stipulated specifications at the Contractor's own cost. If the Contractor fails to make the desired

repairs/replacement within reasonable time then such repairs/ replacement at the cost of the Contractor

shall be carried out by the Purchaser, with Stores of the same Particulars or when the Stores

conforming to the stipulated Particulars are not in the opinion of the Purchaser readily procurable,

such opinion being final, then the nearest available substitute thereof.

SPT/IND of 43

7.2 Should the Contractor fail to comply within a reasonable time of issue of notice, the

Purchaser may reject at the cost of the Contractor the whole or any part of the Stores, as the case may

be, which is defective or fails to fulfill the requirements of the Contract and make the desired repairs /

replacement as stipulated in clause no. 7.1 above.

7.3 In the event of such rejection the Purchaser shall be entitled to use the Stores in a reasonable

and proper manner for such time as sufficient to enable the Purchaser to obtain replacement, as

hereinbefore provided.

8 WARRANTY

The Contract shall warrant that the Stores under the Contract shall be brand new, free from

defects, manufactured with the latest state-of-art of manufacture and conform strictly in accordance

with the technical specifications, drawings and data sheets of the Contract. No deviation from these

specifications or alteration shall be made without specific and written accord of the Purchaser. All

Stores shall be guaranteed to be of the best quality of their respective kinds and shall be free from

faulty design, workmanship, and be of sufficient size and capacity so as to fulfill in all respects the

requirements of the Purchaser as specified in the Contract. The Stores supplied under the Contract

shall be guaranteed for a period of 12 (twelve months) from the date of receipt and acceptance at

Purchaser's Site as defined under 2.14.

9 CONTRACT PRICE/RATE

The agreed prices/rate, mentioned in the Contract shall remain firm during the currency of

the Contract.

10 SAMPLES

10.1 Samples submitted by the Contractor for any reasons, shall be supplied without charge and

freight paid without any obligation to the Purchaser as regards safe custody and safe return thereof. All

samples submitted must be clearly labeled with the Contractor's name and address and tender number.

If the Contractor submits the sample with his tender the same shall govern the standard of supply if it

has been specifically stated in the Contract that the sample has been accepted instead of the Patent

item.

10.2 Should certified samples be lent to the Contractor by the Purchaser, the Contractor would be

responsible for the return of all certified samples in perfect order, with the labels intact.

11 PACKING AND MARKING

To ensure that the Stores do not suffer any loss or damages during handling and

transportation by Road or Rail up to the arrival at the destination, the Contractor shall be responsible

for the Stores being sufficiently and properly packed. The packing and marking of packages shall be

done by and at the expense of the Contractor. Each package shall contain a Packing Note quoting

Contract number and date, copy of Shipping Release and one set of copy of test certificate. Each

package shall be marked with name and address of the Contractor, Contract No. and date, brief

description of the Stores and name and address of the Consignee, lifting points and special handling

instructions, if any.

12 CONTRACTOR'S LIABILITY / RESPONSIBILITY REGARDING DESPATCH /

DELIVERY

SPT/IND of 43

12.1 The Contractor shall be responsible for delivery of Stores at the destination specified by the

Purchaser on Door Delivery basis / F.O.R nearest Railway Station of despatch.

12.2 Unless otherwise expressly mentioned in the Contract, the Contractor shall pay and bear all

freights and all costs and expenses for transporting the Stores to the place of delivery specified in the

Contract and the price specified in the Contract shall be inclusive of all such packing, handling,

freight, forwarding and transit insurance charges. The Contractor shall however, indicate the break up

price towards freight and transit insurance charges.

12.3 In the case of Contract with Ex-works prices, the Contractor shall arrange transportation of

the Stores after Purchaser's prior approval of the selected Transporter and transportation charges.

12.4 In the case of F.O.R nearest Railway Station despatch and Stores despatched on "said to

contain basis" the Contractor shall be responsible for obtaining clear receipt from the Railway

Authorities specifying the goods despatched. The Purchaser shall pay for only such Stores as are

actually received by it in accordance with the Contract. The Stores shall be booked at full wagon rates

if applicable, and by the most economical route. The failure to do so will render the Contractor liable

for the whole of avoidable expenditure caused to the Purchaser.

13 INSURANCE

Unless otherwise expressly mentioned in the Contract, the Contractor shall be responsible for

safe receipt of the Stores by the Consignee and for arranging transit insurance with his underwriters

from warehouse to warehouse prior to despatch of the Stores under intimation to the consignee. The

price specified in the Contract shall be inclusive of the insurance charges as mentioned in the Contract.

In case of failure of the Contractor to take out the Insurance cover, the Contractor would be held

responsible for any loss, damages, breakage, non-delivery, theft, and pilferage of the Stores in transit.

14 DELIVERY SCHEDULE

14.1 Time and date of delivery of the Stores stipulated in the Contract, shall be the essence of the

Contract and delivery must be completed by the dates specified therein. Unless otherwise agreed, the

Contract shall be deemed to have come into force from the date of issue of priced Letter of

Intent/Purchase Order and accordingly contractual delivery period shall be reckoned from that date.

14.2 Delay in supply and Termination

14.2.1 Should the Contractor fail to deliver the Stores or any part thereof within the period

prescribed for such delivery, it shall be construed as a breach of the Contract and the Purchaser shall

be entitled at his option to the following: -

SPT/IND of 43

14.2.1.1 To purchase from elsewhere, after 30 (thirty) days notice to the Contractor, on his account

and at the risk of the Contractor, the Stores, not delivered or other items of similar description when

such Stores exactly complying with the Particulars are not in the opinion of the Purchaser readily

procurable, such opinion being final, without canceling the Contract in respect of the consignment(s),

not yet due for delivery.

14.2.1.2 To cancel the total contract or balance portion thereof, and if so desired, to purchase or

authorise the purchase of Stores not so delivered or other Stores of similar description, when such

Stores exactly complying with the particulars are not, in the opinion of the Purchaser, readily

procurable, such opinion being final, at the risk and cost of the Contractor.

14.2.2 In the event of action being taken under clause 14.2.1.1 or 14.2.1.2 above, the Contractor

shall be liable for any loss which the Purchaser may sustain on that account provided an agreement to

purchase from elsewhere, is made within 6 (six) months of the notice of failure or letter of cancellation

sent to the Contractor. The Contractor shall not however be entitled to any gain on such purchase

made on account of his default. The manner and method of such alternate purchase shall be at the

entire discretion of the Purchaser, whose decision shall be final. This right shall be without prejudice

to the right of the Purchaser, to recover the damages for breach of Contract by the Contractor as

provided in the Contract or under the general law.

14.3 Extension of Time

14.3.1 In the event, the Contract delivery dates cannot be adhered to, an application for extension of

time with sufficient reason shall be made by the Contractor to the Purchaser. If failure, on the part of

the Contractor to deliver the Stores in schedule time shall have arisen from any causes which the

Purchaser may find as reasonable ground for an extension of the delivery time (and his decision shall

be final), he may allow such additional time as he may consider justified in the circumstances of the

case.

14.3.2 If the Contractor fails to supply and secure extension of Contract delivery date(s) (before

effecting the delivery of Stores against the Contract) acceptance of such Stores by the Purchaser, shall

not entitle the Contractor to claim payment on account of escalation or extra payment on account of

increase of statutory levies that may be payable at higher rates after expiry of contractual delivery

date(s).

14.4 Delay in Erection

14.4.1 Whenever erection of plant / equipment / machinery / instrument is the responsibility of

Contractor in terms of the Contract and in case the Contractor fails to carry out the erection and /or

commissioning in accordance with the Contract, it shall be construed, as a breach of Contract and the

Purchaser shall be entitled to exercise the option as per clause no.14.2 pertaining to Supply. In such an

event, the Supplier shall forfeit the balance 5% of the Contract value withheld by the Purchaser for the

supply portion, irrespective of any claims of additional expenditure, the Purchaser may incur and

prefer on the Supplier.

14.4.2 Action by the Purchaser as per clause no. 14.4.1 above shall not relieve the Contractor of the

warranty obligations under the Contract.

SPT/IND of 43

15 FORCE MAJEURE

15.1 Force Majeure is herein defined as any cause which is beyond the control of the Contractor

or the Purchaser, as the case may be, which they could not foresee or with a reasonable amount of

diligence could not have foreseen and which substantially affects the performance of the Contract,

such as:

15.1.1 Natural Phenomena, including but not limited to floods, droughts, earthquakes and

epidemics.

15.1.2 Acts of any Government, domestic or foreign, including but not limited to war - declared or

undeclared, priorities, quarantines, embargoes.

15.1.3 Other phenomena including but not limited to hostilities, riots, civil commotion and declared

lock- out in Contractor's works.

15.2 Provided that Parties shall not be liable for delays in performing its obligations resulting from

any force majeure cause as referred to / or defined above. The date of completion will, subject to

hereinafter provided, be extended by a reasonable time even though such cause may occur after

Contractor's performance of his obligations has been delayed for other cause. However, the contractor

is not entitled to increase in statutory levies in statutory levies that have come into force during the

extended delivery period.

16 QUALITY SURVEILLANCE, INSPECTION, ACCEPTANCE AND REJECTION

16.1 Stores covered by the Contract shall be subjected to quality surveillance and inspection by

the Purchaser‟s authorised Inspector.

16.2 The Contractor shall establish a quality surveillance and inspection plan in consultation with

the Inspector or inspection agency and have it approved by the Purchaser before start of manufacture.

The Contractor shall give notice of readiness of Stores for inspection to the Inspector and shall

perform all tests and inspection in presence of the Inspector as per the terms of the Purchase

specifications and approved inspection plan.

16.2.1 Any Stores submitted for inspection and rejected by the Inspector must be removed by the

Contractor within fourteen days from the date of receipt of intimation of rejection provided that in case

of dangerous, infected or perishable Stores, the Inspector (whose decision shall be final) shall notify

the Contractor to remove such Stores within 48 hours of receipt of intimation of rejection and it shall

be the duty of the Contractor to remove such rejected Stores and the same shall lie at the Contractor's

risk from the time of such rejection and if not removed within the aforementioned time, the Purchaser

shall have the right either to return the rejected Stores to the Contractor at the Contractor's risk by such

mode of transport as Purchaser may select or dispose off or segregate such Stores as he thinks fit at the

Contractor's risk and on his account and appropriate such portion of the proceeds as may be necessary

and recover any damages or expenses incurred by the Purchaser in connection with said sale and

storage if any. Freight paid by the Purchaser on Stores received and rejected after examination at

destination shall be recoverable from the Contractor.

16.3 The Stores shall be offered by the Contractor for inspection at such places as may be

specified by the Inspector at the Contractor's risk, expense and cost.

16.4 The stores received by the Purchaser will also be subject to inspection and test as may be

SPT/IND of 43

considered necessary by the Inspector and his decision as regards rejection of Stores shall be final and

binding on the Contractor. If any stores are rejected as aforesaid without prejudice to the foregoing

provision, the Purchaser shall be at liberty to: -

16.4.1 Allow the Contractor to resubmit Stores in replacement of those rejected within a time

specified by the Purchaser (which time shall become essence of the Contract), the contractor bearing

the cost of freight for such replacement without being entitled to any extra payment thereof.

16.4.2 Buy the quantity of Stores rejected or other items of similar nature elsewhere at the risk and

cost of the Contractor in accordance with the provisions contained in clause 14.2.1.1 and 14.2.1.2

above without affecting the Contractor's liability as regards the supply of any further consignment(s)

due under the Contract, if the said Contract has not been cancelled or

16.4.3 Terminate the total contract or portion thereof at the risk and cost of the Contractor and

recover damages from the Contractor on that account.

16.5 Where consignments are required to be delivered / despatched after inspection by the

Inspector as per the Contract, a "Shipping Release" issued by the Inspector shall be enclosed along

with the delivery challan or other shipping documents viz. (Lorry Receipt, Railway Receipt)

accompanying the consignments.

16.6 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained and

furnished to him free of cost by the Contractor and/or from the specified agency.

17 RECOVERY OF SUMS DUE

17.1 Whenever any claim for the payment of loss or damage suffered by the Purchaser arises in

terms of money out of the Contract against the Contractor, the Purchaser shall be entitled to recover

such sums from any payment due under the Contract. In the event of this amount being insufficient,

then the amount of damages or loss shall be recoverable from the payment that may become due to the

Contractor from this Contract or any other Contract with the Purchaser. Should this sum be not

sufficient to cover the amount of damages or loss that may be recoverable, the Contractor shall pay to

the Purchaser on demand amount due. Similarly if the Purchaser has made any claim against the

Contractor under this Contract or any other Contract with the Purchaser, the payment of all sums

payable under the Contract to the Contractor shall be withheld to the extent of claims due according to

the Purchaser till such claims of the Purchaser are finally paid by the Contractor, pending which the

same will be adjusted. Notwithstanding the provision for recovery through adjustment, the Purchaser

shall be free to recover his claims from the Contractor as per the terms of this Contract.

17.2 Demurrage / Wharfage

All demurrage, wharfage and allied expenses incurred by the Purchaser, if any, due to

delayed clearance of Stores in view of non-receipt, incomplete or delayed receipt of documents by the

Purchaser, shall be recovered from the payment due to the Contractor.

18 MODES OF PAYMENT

Unless otherwise agreed, the Purchaser will make payment directly to the Contractor as per

the Contract at Project/Station by cheque payable locally or at Mumbai. The Purchaser will release

SPT/IND of 43

payment due to the Contractor within 30 (thirty) days provided the Contractor submits the invoice (s)

and other accompanying documents that are complete and acceptable in all respects.

19 TERMS OF PAYMENT

19.1 For supply of Stores, Purchaser's normal terms of payment shall be ninety five (95%) percent

of the Contract value, and hundred (100%) percent of the Sales Tax, duties on delivery of the Stores at

the Project Site/Consignee Stores as indicated in the Contract. The Stores shall be despatched only

after the Inspector has issued a Shipping Release [acceptance as stipulated in 2.14 (a) ] on satisfactory

completion of inspection. Balance five (5%) percent of the Contract value shall be paid as per clause

No. 19.1.2. The details are as under:

19.1.1 Ninety five (95%) percent payment of the Contract value including taxes, duties and levies in

full shall be released on receipt of the following documents as applicable:

19.1.1.1 Invoice in triplicate

19.1.1.2 Proof of Receipt by the Consignee in the form of Receipted LR or Receipted Delivery

Challan in original.

19.1.1.3 Shipping release in original issued by the Inspector signed in ink and with Inspector's seal or

with NPCIL Logo [Refer 2.14 (a)].

19.1.1.4 Proof of payment of Excise duty as per prevailing instructions issued by the Excise

Authorities.

19.1.1.5 Statement endorsed on Shipping Release by the Inspector for having received one set of Test

Certificates.

19.1.1.6 Certificate towards Excise Duty (where claimed separately) and Sales Tax as per Appendix

A & B.

19.1.2 Balance five (5%) percent of the Contract value shall be released on acceptance of the Stores

at Site [Refer 2.14 (b)] after inspection and issue of Site Stores Inspection Report / Receipt voucher by

the consignee. Normally seventy five (75) days will be allowed for inspection and acceptance after

receipt of the Stores. The Contractor shall submit the following documents as applicable:


19.1.2.2 Free issue material account accepted by the Purchaser's Engineer. This shall be based on the

approved cutting diagram or other approval by the Purchaser's Engineer (where applicable).

19.1.2.3 Receipted delivery challan for return of balance and scrap material to Purchaser's Stores

(where applicable).

19.2 For Supply of plant/equipments/machinery/instruments including erection and

commissioning. Purchaser‟s normal terms of payment shall be ninety five (95%) percent of the

Contract value for supply on delivery at Project Site/Consignee as indicated in the Contract. The

Stores shall be despatched only after Inspector has issued a Shipping Release on satisfactory

completion of inspection [Refer 2.14 (a)] and as further detailed in 19.2.1. Balance 5% (five) percent

shall be paid as per clause no. 19.2.2. The details are as under:

SPT/IND of 43

19.2.1 Ninety five (95%) percent of the contract value including taxes, duties and levies of each

consignment shall be released on receipt of the following documents. (Detail of consignment as

indicated in the Contract).

19.2.1.1 Invoice in triplicate.

19.2.1.2 Proof of receipt by the consignee in the form of receipted LR or receipted delivery challan in

original.

19.2.1.3 Shipping Release in original issued by the Inspector signed in ink and with Inspector's seal or


19.2.1.4 Proof of payment of Excise Duty as per prevailing instructions issued by the Excise

Authorities.

19.2.1.5 Certificate towards Excise Duty (where claimed separately), Sales Tax and Service Tax as

per Appendix A, B & C.

19.2.2 Five (5%) percent of the Contract value for supply plus one hundred (100%) percent of the

cost of erection and commissioning, on acceptance of the plant / equipment / machinery / instruments

at Site after satisfactory commissioning [Refer 2.14 (c)]. Unless otherwise stated the Equipment,

Machinery and Instruments shall be accepted within Seventy Five (75) days from the date of

satisfactory commissioning of the Stores at Purchaser‟s Site. The Contractor shall submit the

following documents as applicable:


19.2.2.2 Certificate of inspection, testing and acceptance of the plant by the Purchaser

20 SUPPLY OF FREE ISSUE MATERIAL (FIM)

20.1 For certain Fabrication Contracts, if specified in the tender, the Purchaser shall provide Free

Issue Material (FIM) to Contractor, as per quantities/sizes along with costs of such material mentioned

in the tender.

20.2 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of

the FIM along with the Bid. The cutting diagram or such proposal as approved by the Purchaser's

Engineer shall form a part of the Contract.

20.3 Unless otherwise specially mentioned in the Contract, on issue of the Contract, the

Contractor shall be advised to collect the FIM from the Purchaser's Stores Unit and shall take an

Insurance Policy for the value of the FIM. The Insurance Policy shall be valid till the contractual/

actual delivery date or till the execution of the Contract and shall cover the following:

INSURED: Name and address of the Contractor

BENEFICIARY: Nuclear Power Corporation of India Limited, acting through Executive

Director, Directorate of Contracts and Materials Management or any other officials authorised by

NPCIL, ..................(address)

RISKS COVERED: Any loss or damage to the Purchaser's material due to fire, riot,

burglary, strike, theft, civil commotion and any damages arising out of external sources such as

damages due to the materials falling on Purchaser's materials.

20.4 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the

SPT/IND of 43

extent of full value of FIM till such time the entire contract is executed and proper account for the FIM

is rendered by the former to the latter. For this purpose an Indemnity Bond as per Annexure-A shall be

executed by the Contractor.

20.5 The Contractor shall be responsible for the safety of the FIM after it is received by him and

all through the period during which the materials will remain in his possession. The Contractor shall

take all necessary precautions against any loss, deterioration or destruction of the FIM from whatever

cause arising whilst the said material remain in his possession and/ or his custody or control. The

Contractor shall also not mix-up the material in question with any of his goods and shall render true

and proper account of the material actually used. The decision as to whether the Contractor has

occasioned any loss, deterioration or destruction of the FIM whilst in his possession custody or control

from whatever cause arising, as also the decision regarding quantum of the damages suffered by the

Purchaser shall be final and binding upon the Contractor.

21.6 The Insurance Policy with the details indicated at clause no.20.3 shall be furnished by the

Contractor to the Purchaser for acceptance. On acceptance of the Insurance Policy by the Purchaser,

the Contractor shall lift the FIM from Purchaser's Stores at his own cost. The FIM may be supplied by

the Purchaser either in one lot or in a phased manner at the sole discretion of the Purchaser.

20.7 On completion of fabrication, the Contractor shall prepare a full account of the material used

for the fabrication and the balance available with him for return to the Purchaser. This account of FIM

shall be verified and accepted by the Purchaser's Engineer before the Contractor is allowed to return

the balance material to Purchaser's Stores against such authorisation in writing.

20.8 The FIM account, accepted by the Purchaser's Engineer along with proof of receipt of

balance material by the Stores Officer (Consignee), shall be produced by the Contractor for the release

of the final payment to the Contractor as per clause no. 19.1.2.2.

20.9 The Purchaser at all times have the right to enter the Contractor's premises where the free

issue materials are stored or where the free issue materials are under manufacture.

20.10 The Purchaser at his discretion may allow the balance material such as scrap, cut bits to be

retained by the Contractor in which event the value to be assigned to the balance material will be

mutually agreed between the Purchaser and the Contractor and the agreed amount shall be debited to

the Contractor's account while settling his final payment.

21 EXERCISING THE RIGHTS AND POWERS OF THE PURCHASER

All the rights, discretion and powers of the Purchaser under the Contract shall be exercised

by the Purchaser through written communications which shall be given by the Executive Director,

Directorate of Contracts and Materials Management or other officers authorised by him for and on

behalf of the Purchaser.

22 INDEMNITY

The Contractor shall at all times indemnify the Purchaser against all claims which may be

made in respect of Stores against infringement of any right protected by Patent Registration and Law

of Designs or Trade Marks and shall indemnify any risk of accidents or damage to the Stores and

continue to indemnify the Purchaser against all patent and latent defects till the satisfactory completion

of the warranty period.

SPT/IND of 43

22.1 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 & Rule 2011

thereof;

(a) The Purchaser shall have Right to Recourse against the contractor in accordance with

provisions under Section 17(a) of Civil Liability for Nuclear Damage Act, 2010, with following

limitations, as stipulated in Rule 24 of the Civil Liability for Nuclear Damage Rules, 2011:

The Contractor‟s liability shall be to the extent of the Operator‟s liability under sub-

section(2) of Section 6 of the Act or the value of the contract, whichever is less,

AND

The duration of Contractor‟s liability shall be limited to duration of initial license issued by

AERB or the product liability period, whichever is longer.

(b) The term “supplier” and the duration and extent of supplier‟s liability are explained in Rule

24 of the Civil Liability for Nuclear Damage (CLND) Rules, 2011. For any questions relating to

supplier‟s liability under section 17 of the Civil Liability for Nuclear Damage (CLND) Act, 2010,

Government of India‟s clarifications dated February 08, 2015 may be referred to. These have been

posted at the websites of Ministry of External Affairs and the Department of Atomic Energy under the

title “Frequently Asked Questions and Answers on Civil Liability for Nuclear Damage Act 2010 and

Related Issues”.

(c) In regard to contracts with manufacturers of or vendors for supply of systems, equipment,

components, or building of structures, or provision of services to nuclear installations which are

operating or are under construction or those to be installed in future for which NPCIL is the system

designer and technology owner, being responsible for safety design of such installations, NPCIL shall

assume the role of supplier in accordance with the explanation of the term “supplier” given in Rule 24

of the CLND Rules, 2011 and in the context of section 17(a) and (b) of the CLND Act, 2010.

(d) Other suppliers can avail the Nuclear Suppliers‟ Special Contingency (Against Right of

Recourse) Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability

exposure under section 17(a) and (b) of the CLND Act, 2010. NPCIL maintains the operator‟s

statutory insurance under the CLND Act, 2010 by subscribing to the Nuclear Operator‟s Liability

Policy offered by the India Nuclear Insurance pool, thereby subrogating to the India Nuclear Insurance

pool the operator‟s “right of recourse” against suppliers under section 17(a) & (b) of the CLND Act,

2010.

23 ARBITRATION

23.1 Notwithstanding anything contained in this Contract, all questions, disputes or differences

whatsoever, between the parties to the Contract, arising out of or relating to the construction, meaning

and operation or interpretation of provision of the Contract or matters related thereto, whether during

the currency of the Contract, or its failure or after the completion of the Contract, shall be settled by

sole arbitrator to be nominated and appointed by the Chairman & Managing Director of the Purchaser.

It will not be an objection that the arbitrator is an employee of the Purchaser and that he had to deal

with matters related to the Contract or that in the course of his duties as an employee of the Purchaser

had expressed views on all or any other matters in question, dispute or difference. The award of the

arbitrator shall be final and binding on the parties to the Contract. In an arbitration invoked at the

instance of either party to the contract, the arbitrator would be free to consider the counter claim of the

other party even though they are not mentioned in the reference to arbitration.

23.2 The provisions of The Arbitration & Conciliation Act, 1996, and Rules made thereunder

and/or any statutory modifications or re-enactment thereof for the time being in force shall apply to

such arbitration proceedings.

SPT/IND of 43

23.3 Notwithstanding the commencement or continuance of the arbitration, the parties shall

continue performance of the Contract with due diligence.

24 PERMITS AND LICENCES

The Contractor shall secure and pay for all permits and licenses which he may require to

comply with in respect of all laws, ordinances and regulations of the Government or Public Authorities

in connection with the performance of his obligations under the Contract. The Contractor shall be

responsible for all damages and shall indemnify and save the Purchaser harmless from and against all

claims for damages and liability, which may arise due to his failure to comply with what is stated

above.

25 INSPECTION AND ACCEPTANCE TESTS

25.1 All tests necessary to ensure that the Stores comply with the particulars and guarantees shall

be carried out at such place or places as may be determined by the Inspector. Should however, it be

necessary for the acceptance tests as to performance or Guarantees to be held over until the Stores is

erected at Site such tests shall be carried out within thirty (30) days of completion of erection of the

Stores.

26 TITLE TO THE PLANT /EQUIPMENT / MACHINERY / INSTRUMENTS

In addition to other remedies under the law and the Contract, the Purchaser shall be the

owner of each consignment in respect of which ninety five (95%) percent of the Contract price has

been paid, to secure refund of such amount in the event the same becomes refundable under the terms

of the Contract or under the law and to secure payment of any dues under other Contract or under the

law. The responsibility for safe and proper storage replacement of defective or lost equipment and

erection of the plant / equipment / machinery / instruments prior to its acceptance by the Purchaser

shall always remain with the Contractor.

27 TRAINING

The Contractor shall, if required by the Purchaser, provide facilities for the practical training

of Purchaser‟s engineering or technical personnel for their active association no the manufacturing

processes throughout the manufacturing period of the Contract/Stores, number of such personnel to be

mutually agreed upon.

28 OPERATION / INSTRUCTION MANUAL

Where Operation/Instruction Manual is essential to enable the Purchaser to put the Stores to

proper use, the Contractor shall furnish such Operation/Instruction Manual along with the Stores.

29 LAW GOVERNING THE CONTRACT

The contract shall be construed and shall be governed by the laws of India for the time being

in force and the Contractor shall be required to comply with all the applicable laws with regard to

performance of the Contract.

30 JURISDICTION

The courts within the local limits of the place from which the Contract is awarded shall have

exclusive jurisdiction to deal with and decide all disputes arising out of related Contract.

SPT/IND of 43

31 SECRECY

31.1 All information, drawings, designs and specifications imparted to the Contractor shall, at all

times, remain the absolute property of the Purchaser. The Contractor shall not use them for purposes

other than for which they are provided for and shall treat all these documents as confidential. These

shall not be reproduced in whole or in part for any other purpose.

31.2 The Contractor shall use his best endeavor to ensure that such information is not divulged to

third parties except where needed for the performance of the Contract by the Contractor with the prior

consent of the Purchaser. In such cases, the Contractor shall ensure and obtain similar obligation of

confidence, from third parties in question.

* * * *

* * *

* *

*

SPT/IND of 43

ANNEXURE – A

FORMAT OF INDEMNITY BOND AGAINST FREE ISSUE MATERIALS (FIM) TO BE

EXECUTED ON A NON-JUDICIAL STAMP PAPER VALUED AT RS.

INDEMNITY BOND

This Indemnity Bond made this_____day of______between M/s_________________________having

its registered office at______________hereinafter referred to as “The Contractor” which expression

shall include its successors and assigns on one part and Nuclear Power Corporation of India Limited

(A Govt. of India Enterprise), acting through_______________________(Executive Director,

CMM_or other Officers) ________________________________________ hereinafter referred to as

“The Purchaser”, which expression shall include its successors and assigns, on other part.

Whereas the Nuclear Power Corporation of India Limited has placed a Purchase Order/Contract

No.__________________________________________ dated ________ hereinafter referred to as

“Purchase Order” on the Contractor and the Contractor has accepted to execute the Purchase Order.

And whereas, the Purchaser has agreed to supply the Free Issue Materials referred to in the

Contract/Purchase Order for the purpose of fabrication, machining and supply of the equipment and

stores as referred to in the Contract/Purchase Order.

And whereas, the Contractor has agreed to furnish an Indemnity Bond for a sum of

Rs.______________________________________(Rupees__________________________________)

being amount equivalent to the value of the free issue materials to be supplied by the Purchaser.

Whereas it is explicitly understood that the materials to be supplied is held by the Contractor for and

on behalf of Nuclear Power Corporation of India Limited and that ownership of the materials used for

fabrication/machining etc. rests with Nuclear Power Corporation of India Limited, till the

fabricated/machined equipment/components are delivered to the Purchaser and balance and left over

materials as per free issue material account as approved by the Purchaser‟s engineer is/are returned to

the Purchaser.

SPT/IND of 43

NOW THIS DEED WITNESSETH THAT IN CONSIDERATION OF THE FREE ISSUE

MATERIALS SUPPLIED BY THE NUCLEAR POWER CORPORATION OF INDIA LIMITED.

The Contractor hereby undertake to pay to the Nuclear Power Corporation of

India Limited on demand the said sum of

Rs.______________(Rupees_______________________________) in the event of any

breach of the conditions of the Purchase Order, loss and damage of the material

and balance material not being returned on or before________________________or any

other date mutually agreed.

The Contractor shall be totally responsible for safety of the material during which it remains in their

custody/control and adequate care for preservation of the item.

The Contractor shall undertake to preserve the material with due and proper care and to keep it

insured for the period during which it remains in their custody/control.

The Contractor shall be responsible for safe return of the balance materials off cuts, scraps to the final

destination.

This bond shall remain in force and effect so long as the full account of free issue materials is settled

to the satisfaction of the Purchaser and balance material is returned to the Purchaser.

The Contractor shall not stand discharged or released from the Indemnity Bond given by them under

this bond on account of any alteration in the obligation of the parties to the Contract or on account of

any indulgence or forbearance as to the payment, time, performance, or otherwise granted by Nuclear

Power Corporation of India Limited to the Contractor in relation to the Purchase Order.

It witness whereof the parties hereto have caused the bond to be duly executed on the day and the year

first above written.

For (Contractor’s Name)

* * *

SPT/IND of 43

APPENDIX-A

The Supplier/Contractors while submitting their bill to the Paying Authority shall furnish the

following certificates:

Certified that:

Excise Duty claimed in this/these bill/bills is/are not more than what is / are payable under the

provisions of the relevant act or the rules made there under.

The amount of Rs____________________ claimed as Excise Duty in this bill has been/will be paid to

the Excise Authorities in respect of stores covered by the bill as per the procedure laid down by the

Excise Authorities.

No refund of Excise Duty for the goods covered under the bill/bills has/have been received from the

Central Excise Authorities nor our appeal for refund of Excise Duty for the goods covered under the

bills are pending with the Central Excise Authorities.

In the event of any refund of Excise Duty being received, we undertake to promptly pass on the same

to NPCIL. In addition, we also authorise the paying authority in NPCIL to recover such amount from

our outstanding bills against the present or future contracts.

APPENDIX-B

Certificate to be furnished by the Contractor along with the invoice/bills when sales/ Central Sales Tax

as extra is claimed.

Certified that:

Goods and packing charges on which sales tax (Central or State) claimed are not exempted from

payment of Sales Tax (Central or State) under the Provisions of Sales Tax Act or Rules.

We, as a registered dealer, are being assessed to Sales Tax.

In the event of our getting refund in whole or part of Sales Tax already paid from Sales Tax

Authorities, we shall promptly pass on the same to the Purchaser. In additions we also authorise the

paying authority in NPCIL to recover such amount from our outstanding bills against the present or

future contracts.

We are registered as dealers in the State of _________________ and our local/Central Sales Tax

Registration No. is __________________________.

SPT/IND of 43

APPENDIX – C

Certificate to be furnished by the Contractor along with the invoice/bills when service tax is claimed.

Certified that

Services on which service tax claimed are not exempted from payment of Service Tax under the

provisions of Extant Rules.

We are registered with Central Excise Department for service tax and our Registration number is

____________________.

We undertake to pursue the matter for refund in case the exemption is received by NPCIL from the

Govt. of India for payment of service tax. In the event of our getting refund in whole or part of Service

Tax already paid to Service Tax Authorities, we shall promptly pass on the same to the purchaser. In

addition we also authorise the paying authority in NPCIL to recover such amount from our

outstanding bills against the present or future contracts.

We hereby confirm that Service Tax has been remitted/will be remitted in accordance with the Service

Tax Rules.

Signature of Contractor or

their Authorised Representative

SPT/IND of 43

SPECIAL COMMERCIAL TERMS AND CONDITIONS

1.0 Fiscal Concessions for Nuclear Power Projects (NPPs)

1.1 (a) Nuclear Power Project of capacity 440 MW or more have been notified by GOI for eligibility

towards fiscal concessions. As such the goods required for setting up these projects are subject to

„NIL‟ Customs duty as per the extant policy of Government of India (vide Customs Notification No.

50/2017 dated 30-6-2017 at Sr. No. 602). In consideration of the aforesaid Fiscal Benefits, no customs

duty on goods shall, therefore, be payable/ reimbursable by the Purchaser to the Contractor. Similarly,

as per the paragraph 7.02 (h) of Foreign Trade Policy 2015-2020 of Government of India, Domestic

Contractors supplying goods for these projects under the procedures of National competitive bidding

or International Competitive bidding shall be eligible for benefits of „Deemed Export‟ under

paragraph 7.03 (a) relating to advance authorisation and 7.03 (b) relating to deemed export draw back

of the Policy and paragraphs 7.02(d), 7.03(g) and 7.05(b) of Hand Book of Procedures issued by the

Director General of Foreign Trade, Department of Commerce, Ministry of Commerce and Industry,

Government of India (DGFT Trade Notice Number – 11/2018 dated 30.06.2017). In consideration of

the aforesaid Fiscal Benefits, no customs duty on goods shall, therefore, be payable/ reimbursable by

the Purchaser to the Contractor.

1.1(b) The bidders are solely responsible for adherence and compliance with the necessary processes,

procedures and documentation as may be stipulated by the concerned Statutory Authorities connected

in respect of availing such fiscal benefits. The Purchaser, shall, however, make available only the

requisite documents or certifications as per the extant rules and procedures for availing the above

exemptions/concessions by the Contractor.

1.1(c) In the event of subsequent denial of the above benefits prevailing as on the last date of

submission of the bid, by the designated authorities to the Contractor, either on the basis of

interpretation of the provisions of such benefits or due to change in law, such indirect taxes will be

reimbursable by the Purchaser at actual rates for the supplies made within the Contractual Delivery

Dates or extended Contractual Delivery Dates due to reasons attributable to the Purchaser/Force

Majeure. And for the supplies that are made beyond the Contractual Delivery Date due to reasons

attributable to Contractor, the reimbursement of taxes shall be made by the Purchaser limiting to the

rates prevailing on the Contractual Delivery Date.

1.2 Bid Format

Bidders are required to submit their quotation as below:

1.2.1 Items and materials supplied from abroad

To quote for the items and materials to be supplied from abroad on FOB port of shipment basis. These

Prices shall remain firm throughout the currency of the contract which should specifically be

confirmed by the tenderers.

FOB prices shall be inclusive of all taxes, duties, levies, inland transportation up to the port of

shipment and export licensing charges. Other than FOB prices, remaining price elements shall be

inclusive of taxes and duties applicable in India. Further IGST applicable on Imported finished goods

shall also be indicated separately to be paid by contractor for reimbursement by NPCIL.

Marine Insurance and Ocean freight to be shown separately.

SPT/IND of 43

1.2.2 Items and materials to be supplied from indigenous sources

To quote for items and materials to be supplied from indigenous sources on Free and Safe Delivery at

Purchaser‟s Site basis, inclusive of Packing, Forwarding, Transportation and Transit Insurance &

including GST and other indirect taxes and duties. These Prices shall remain firm throughout the

currency of the contract which should specifically be confirmed by the tenderers.

1.2.3 Indirect Taxes and Duties

a) The Bid prices shall be inclusive of Goods and Services Tax (GST) and any other Indian Indirect

Taxes payable in India for the final product / services.

b) The Contractor shall bear all non-Indian taxes, duties, levies etc. payable upto FOB in respect of

sourcing items from abroad.

c) Contractor shall be responsible for payment of all Indian Taxes, Duties including IGST on imports

and all other statutory levies as applicable in connection with supply of the Stores. The prices FOR

shall be inclusive of all Taxes, Duties and other Statutory levies payable under the law of the Land.

The Contractor shall however take into account Fiscal Concessions available to the subject contract as

detailed in the below mentioned paras and pass on the benefit to the Purchaser. GST and all other

indirect taxes, duties are also not reimbursable separately on Price Adjustment for price portion, as

base price is inclusive of all Taxes and Duties as applicable.

d) In case of increase in existing taxes/ duties and any other new indirect taxes / cess, if levied by

Government during the contractual delivery period, the same shall be reimbursed / paid by the

Purchaser, as the case may be, at actual against documentary evidence. This provision shall not apply

to changes in Personal Income tax or Corporate Income tax or to changes in non-Indian Taxes.

e) For extension in the contractual delivery period for the reasons attributable to the Purchaser and/or

Force Majeure, increase in existing taxes & duties, if any, and new tax component introduced in the

extended period shall be reimbursed to the Contractor subject to the submissions of necessary

documentary evidence. No increase / new tax shall be payable during the delay period due to reasons

attributable to the Contractor.

f) The bidders are required to examine the provisions of The Central Goods and Services Tax Act

2017 (CGST), The Integrated Goods and Services Tax Act 2017 (IGST), The relevant SGST act of the

State Government, The Union Territories Goods and Services Tax Act 2017(UTGST) and The Goods

and Services Compensation to States Tax Act 2017 and their Rules as being enacted and amended

from time to time. The bidders are required to take into account all input tax credits and the

exemptions available therein while furnishing their bids.

g) GST as applicable or quoted, whichever is lower will be reimbursed by Purchaser limiting to the

rate prevailing within the contractual delivery schedule.

h) Towards invoicing for the GST, Bidders are required to take note of the following & comply

accordingly.

SPT/IND of 43

i) Bidders are required to provide their GST Registration numbers, the HSN code of the goods/SA

Code for services and the applicable rate of GST as in the Commercial Terms and Conditions of the e-

bid submitted.

j) While claiming the GST the Tenderers are required to adhere to the provisions available therein.

The Contractors are required to populate the details of GST paid by them in the GST portal, only upon

which reimbursement of GST would be considered.

k) Please note that in case any refund/credit to GST if granted to Tenderers by GST Authorities in

respect of stores supplied under the contract, Tenderers will pass on the credit to the Purchaser

immediately along with a certificate from bidder‟s Director/Manager/Proprietor/Accountant that the

credit so passed on relates to the GST originally paid for the stores supplied under the contract.

l) When GST is claimed by the Contractor / supplier in general the certificate as per Appendix A

should be submitted to the paying authority with their invoices.

1.2.4 Direct Tax: - Tax Deduction at Source

a) The Purchaser shall have the right to withhold taxes on income, excess profits, royalty and other

taxes from payments due to Contractor under this Contract to the extent that such withholding may be

required by the government of India or any relevant authority thereof or by the government of any

other country, and payment by the Purchaser to the respective governmental office of the amount of

money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to

the amount so withheld.

b) The Purchaser shall, at the time of its payments due to the Contractor, withhold the necessary taxes

at such rate as is required by any Government Authority, unless and to the extent that the Contractor

shall produce to the Purchaser any certificate issued by a Government Authority (having authority to

issue such certificate) entitling the Contractor to receive the payments under the Contract for a

prescribed period without deduction of any tax or deduction at a lower rate.

c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the

time stipulated by the relevant law to enable the Contractor to file the same with the Government

Authority as a proof of payment of such taxes.

d) All taxes levied on Contractor‟s corporate income or profits shall be for the account of Contractor

and shall not be reimbursed by the Purchaser. Contractor shall also be responsible for payment of

income taxes of its personnel levied in India or elsewhere.

1.2.5 Indirect Tax-Tax deduction at source

a) The Purchaser shall, at the time of its payments due to the Contractor, withhold the necessary tax at

source at such rate if required under the legislation unless and to the extent that the Contractor shall

produce to the Purchaser any certificate issued by a Government Authority (having authority to issue

such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed

period without deduction of any tax or deduction at a lower rate.

b) In case of such deductions as mentioned above, the Purchaser shall provide the necessary

withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable

the Contractor to file the same with the Government Authority as a proof of payment of such taxes.

SPT/IND of 43

Bid Currency

Bidders are allowed to quote in the following currencies:

1.3.1 Items and materials supplied from abroad

Prices quoted shall be in the currency of the country of origin or in US Dollars/UK Pounds/EURO.

Bids linking the quoted currency with some other currency are liable to be ignored.

Local transportation and other services including Ocean freight, Marine insurance, Customs clearance,

Port handling, Transit Insurance charges etc. in India in Indian Rupees.

1.3.2 Items and materials to be supplied from indigenous sources

Items and materials to be supplied from Indigenous sources in Indian Rupees.

1.4 Bid Evaluation

1.4.1 e-Bid evaluation will be done based on the total of Summary Prices which are inclusive of

GST and all other indirect taxes and duties for supply of items and site work portion as per Section D

of the Tender document. To facilitate the evaluation and comparison of prices, all e-bid prices

expressed in foreign currency will be converted into Indian Rupees at Bills Selling exchange rates (as

established by State Bank of India) applicable on the day seven days prior to due date of submission of

the e-bid. If the day seven days prior to due date of submission of bid happens to be a holiday, the

exchange rates of next working day will be considered. For items sourced from abroad and directly

delivered to the Purchaser‟s site, wherever the ocean/air freight and marine insurance to the port of the

Purchaser‟s country are not mentioned, 11% of FOB prices will be considered towards ocean/air

freight and marine insurance to arrive at CIF prices. For local transportation and other services

including customs clearance charges, port handling, inland transit insurance etc., in India are not

quoted as required, the charges towards the same will be considered as 1 ½% of CIF Value for items

and materials supplied from abroad and delivered directly to the project site from Indian port of entry. Applicable IGST if not quoted will be loaded to arrive at the final price for the purpose of evaluation in case of

unregistered parties.

1.4.2 For Tender where Fiscal Concessions as per SCC are available/ applicable, the following

shall apply:

For evaluation and comparison of bids, a price preference at 15% would be given to the domestically

manufactured capital goods. For this purpose, the bid price of the bidders would be increased by 15%

of all such CIF components contained in their price bid including the CIF component of the imported

raw materials/ components required for manufacture of indigenous items. No exchange rate variation

is allowed towards the value of imported raw materials and components included in the Indigenous

items. For the purposes of 15% loading as above, the base exchange rates shall be Bills Selling

exchange rates (as established by State Bank of India) applicable on the day seven days prior to due

date of submission of bid. If the day seven days prior to due date of submission of bid happens to be a

holiday, the exchange rate of next working day will be considered.

Further the charges for expatriate supervision for erection and commissioning quoted in foreign

currency will not be loaded by 15%.

IGST applicable on the import of finished goods which are to be delivered directly to the Purchaser‟s

site from the port of import shall be indicated by the Bidder. This IGST will be considered for the

purpose of evaluation of the bids.

SPT/IND of 43

2.0 INSURANCE

2.1 The Contractor shall, “at his own cost”, take out and maintain in effect the following Insurance

based on reinstatement value during the performance of the contract and the Purchaser shall be named

as co-insured under all insurance policies. All Insurer‟s rights of subrogation against co-insured shall

be waived. Deductibles/excesses if any, under the insurance policies shall be borne by the Contractor.

The identity of the insurers and the form of policies shall be subject to the approval of the Purchaser.

Cargo Insurance

During Ocean transit and Inland transportation, covering loss or damage as per ICC – clause – „A‟

with War/SRCC provisions, for full replacement value of the consignment/cargo from the Contractor‟s

or Sub-contractor‟s works or Stores until arrival at Purchaser‟s project site.

3.0 CONTRACTOR'S LIABILITY / RESPONSIBILITY REGARDING DESPATCH /

DELIVERY

The following clause shall supplement / amend General Conditions of Contract (GCC) – Form No.

CMM-22/Rev.4 clause number 12 – CONTRACTOR'S LIABILITY / RESPONSIBILITY

REGARDING DESPATCH / DELIVERY. Wherever there is a conflict between the two, the

provisions in SCC shall prevail over those in the GCC.

12.1 The Contractor shall be responsible for delivery of Stores at the destination specified by the

Purchaser on FOR Site basis.

12.2 Unless otherwise expressly mentioned in the Contract, the Contractor shall pay and bear all

freights and all costs and expenses for transporting the Stores to the place of delivery specified in the

Contract and the price specified in the Contract shall be inclusive of all such packing, handling,

freight, forwarding and transit insurance charges. The Contractor shall however, indicate the

percentage of applicable GST.

12.3 Deleted

12.4 Deleted

4.0 FORCE MAJEURE


CMM-22/Rev.4 clause number 15.2 – FORCE MAJEURE. Wherever there is a conflict between the

two, the provisions in SCC shall prevail over those in the GCC.

15.2 Provided that Parties shall not be liable for delays in performing its obligations resulting from

any force majeure cause as referred to / or defined above. The date of completion will, subject to

hereinafter provided, be extended by a reasonable time even though such cause may occur after

Contractor's performance of his obligations has been delayed for other cause.

SPT/IND of 43

5.0 TERMS OF PAYMENT


CMM-22/Rev.4 clause number 19 – Terms of payment. Wherever there is a conflict between the two,

the provisions in SCC shall prevail over those in the GCC.

19.1 For supply of Stores, Purchaser's normal terms of payment shall be ninety five (95%) percent of

FOR (inclusive of taxes and duties)/ FOB (along with applicable taxes and duties) value, on delivery

of the Stores at the Project Site/Consignee Stores as indicated in the Contract. The Stores shall be

despatched only after the Inspector has issued a Shipping Release [acceptance as stipulated in 2.14 (a)]

on satisfactory completion of inspection. Balance five (5%) percent of FOR (inclusive of taxes and

duties)/ FOB (along with applicable taxes and duties) value shall be paid as per clause No. 19.1.2.

The details are as under:

19.1.1 Ninety five (95%) percent payment of FOR (inclusive of taxes and duties)/ FOB (along with

applicable taxes and duties) value shall be released on receipt of the following documents as

applicable:


19.1.1.2 Proof of Receipt by the Consignee in the form of Receipted LR or Receipted Delivery

Challan in original.

19.1.1.3 Shipping release in original issued by the Inspector signed in ink and with Inspector's seal or


19.1.1.4 Statement endorsed on Shipping Release by the Inspector for having received one set of Test

Certificates.

19.1.1.5 Declaration Form for GST as per Appendix A.

19.1.2 Balance five (5%) percent of the FOR (inclusive of taxes and duties)/ FOB (along with

applicable taxes and duties) value shall be released on acceptance of the Stores at Site [Refer 2.14 (b)]

after inspection and issue of Site Stores Inspection Report / Receipt voucher by the consignee.

Normally seventy five (75) days will be allowed for inspection and acceptance after receipt of the

Stores. The Contractor shall submit the following documents as applicable:


19.1.2.2 Free issue material account accepted by the Purchaser's Engineer. This shall be based on the

approved cutting diagram or other approval by the Purchaser's Engineer (where applicable).

19.1.2.3 Receipted delivery challan for return of balance and scrap material to Purchaser's Stores

(where applicable).

19.2 For Supply of plant/equipments/machinery /instruments including erection and

commissioning. Purchaser‟s normal terms of payment shall be Ninety five (95%) percent payment of

FOR (inclusive of taxes and duties)/ FOB (along with applicable taxes and duties) value for supply on

delivery at Project Site/Consignee as indicated in the Contract. The Stores shall be despatched only

after Inspector has issued a Shipping Release on satisfactory completion of inspection [Refer 2.14 (a)]

and as further detailed in 19.2.1. Balance 5% (five) percent of the FOR (inclusive of taxes and duties)/

FOB (along with applicable taxes and duties) value shall be paid as per clause no. 19.2.2. The details

are as under:

SPT/IND of 43

19.2.1 Ninety five (95%) percent payment of FOR (inclusive of taxes and duties)/ FOB (along with

applicable taxes and duties) value of each consignment shall be released on receipt of the following

documents. (Detail of consignment as indicated in the Contract).

19.2.1.1 Invoice in triplicate.

19.2.1.2 Proof of receipt by the consignee in the form of receipted LR or receipted delivery challan in

original.

19.2.1.3 Shipping Release in original issued by the Inspector signed in ink and with Inspector's seal or


19.2.1.4 Declaration Form for GST as per Appendix A.

19.2.2 Five (5%) percent of the FOR (inclusive of taxes and duties)/ FOB (along with applicable

taxes and duties) value for supply plus one hundred (100%) percent of the cost of erection and

commissioning, on acceptance of the plant / equipment / machinery / instruments at Site after

satisfactory commissioning [Refer 2.14 (c)]. Unless otherwise stated the Equipment, Machinery and

Instruments shall be accepted within Seventy Five (75) days from the date of satisfactory

commissioning of the Stores at Purchaser‟s Site. The Contractor shall submit the following documents

as applicable:


19.2.2.2 Certificate of inspection, testing and acceptance of the plant by the Purchaser

6.0 LIST OF ANNEXURES / APPENDICES

APPENDIX – A : FORMAT FOR “CERTIFICATE TOWARDS EXCISE DUTY” – is

substituted with Appendix A : Declaration Form for GST

APPENDIX – B : FORMAT FOR “CERTIFICATE TOWARDS SALES TAX” -

DELETED

APPENDIX – C : FORMAT FOR “CERTIFICATE TOWARDS SERVICE TAX” -

DELETED

* * * * *

SPT/IND of 43

Appendix -A

Declaration Form for GST The Supplier/Contractors while submitting their bill to the Paying Authority shall furnish the

following certificates:

Certified that: (Please Tick all appropriate boxes)

Certified that the goods and services on which GST has been charged are not exempted under the GST Act or the rules made there under and the amount charged on account of GST on these goods and services are not more than what is payable under the relevant act or the rules there under. Certified that we have taken into account all input tax credits available under GST and have not loaded the same in the basic price while furnishing their bids.

Certified that in respect of amount of taxes claimed in the bill no claim is pending for refund/or is admissible for refund from any other agency and /or no other tax credit is available in respect of the same. In the event of getting refund in whole or in part of the element of GST claimed from Government, the same shall be passed on the benefit to the Purchaser by remitting the amount equivalent to the amount of refund obtained. Certified that the GST charged herein the invoices and other details have been populated in GSTR1 of

the GSTN portal facilitating input credit to the Purchaser.

Certified that we have complied with the Anti-profiteering measure provisions under CGST/

SGST/UTGST Acts and passed on commensurate reduction of price to the purchaser.

Signature of Contractor or their Authorised Representative with company seal.

SPT/IND of 43

Tender Reference No :- RR Site/Stations/Common/CMM/HOSP/71374

Template Name :- PRICE BID (RAPS HOSPITAL)

1. Bidders are required to quote "Bid Prices as well as Terms and Conditions" of bid in Online

Bidding Forms only. In case bidder is uploading "Prices/Terms and Conditions" in a separate

attachment, the same shall not be considered for evaluation (2) IN CASE GST REGISTERED BIDDER HAS QUOTED GST RATE AS "0‟ (ZERO), THE QUOTED PRICE SHALL BE CONSIDERED TO BE

INCLUSIVE OF GST AS APPLICABLE.

(3) IN CASE FREIGHT AND INSURANCE IS QUOTED AS "0" (ZERO), THE QUOTED PRICE SHALL BE CONSIDERED AS INCLUSIVE OF

FREIGHT AND INSURANCE.

(3) OFFERS RECEIVED IN DEVIATION TO ABOVE TERMS ARE LIABLE TO BE REJECTED.

Sl. No.

Item Description Quantity UOM

HSN

Code /

SAC

No.

Basic

Price in INR

(Inclusive

of P&F)

Basic

Price in

INR (Inclusive

of P&F)

(in words)

Freight &

Insurance in % (in

percentage

only)

GST in %

(in percentage

only)

Total Value

(Inclusive of

GST on

Delivery at Rawatbhata,

Rajasthan Site

i.e. DAP RR

Site)

Total Value

(Inclusive of

GST on

Delivery at Rawatbhata,

Rajasthan Site

i.e. DAP RR

Site) (in

words)

1

SURGICAL RUBBER GLOVES

6.5 NO. 1. Pre-powdered,

latex surgical gloves

(280mm) 2. Sterile (ETO),

lightly powdered with

modified bio-absorbable corn starch powder of USP grade

(no magnesium silicate), 3.

Extractable protein content

not more than 150 mu

grams/sq dm 4. Anatomically

shaped, micro rough texture and sterile in a validated

process cycle as per EN 550

norms/ISO 11135:2007

norms 5. CE certified and

registered with US FDA. 6. Meets standards of ASTM d-

3577, EN-1,2 & 3, ISI 13422

& 4148. 7. Manufactured

within the quality guidelines

of ISO 13485, EN 455, and

EN 556

6000 Nos.

2


7NO. 1. Pre-powdered, latex

surgical gloves (280mm) 2.

Sterile (ETO), lightly

powdered with modified bio-absorbable corn starch

powder of USP grade (no

magnesium silicate), 3.



grams/sq dm 4. Anatomically shaped, micro rough texture

and sterile in a validated



6000 Nos.

SPT/IND of 43


registered with US FDA. 6.

Meets standards of ASTM d-3577, EN-1,2 & 3, ISI 13422




EN 556

3


7.5NO. 1. Pre-powdered,

latex surgical gloves

(280mm) 2. Sterile (ETO),

lightly powdered with

modified bio-absorbable corn starch powder of USP grade

(no magnesium silicate), 3.



grams/sq dm 4. Anatomically

shaped, micro rough texture and sterile in a validated




registered with US FDA. 6.

Meets standards of ASTM d-3577, EN-1,2 & 3, ISI 13422




EN 556

3000 Nos.

4


6NO. Pre-powdered, latex

surgical gloves (280mm) 2.

Sterile (ETO), lightly

powdered with modified bio-absorbable corn starch

powder of USP grade (no

magnesium silicate), 3.



grams/sq dm 4. Anatomically shaped, micro rough texture

and sterile in a validated




registered with US FDA. 6. Meets standards of ASTM d-

3577, EN-1,2 & 3, ISI 13422




EN 556

2000 Nos.

Note:

1. Prices & Place of Delivery: Prices shall be on DAP( Delivery at Place) at RAPS HOSPITAL,

RAWATBHATA RAJASTHAN SITE basis

2. DAP as per Incoterms 2010 stands for : The Seller delivers when the goods are placed at the Buyer's disposal on

the arriving means of transport ready for unloading at the names place of destination. The Seller bears all risks

involved in bringing the goods to the named place.

SPT/IND of 43

Specification

As per item Description column

SPT/IND of 43

TENDER FORM

From

To

Head, CMM

Rawatbhata Rajasthan Site

Paramanu Vijay Bhawan, C&MM Wing.

Ground Floor, Anushakti

Rajasthan- 323303.

Dear Sir,

1. I/We have read the „Invitation to Tender‟, „Instructions to Tenderers‟, „General Conditions of

Contracts in FORM NO. CMM-22/Rev.4‟ and ** „Special Commercial Terms and Conditions‟

as contained in the tender documents.

2. I/We have thoroughly examined the specification, drawing and/or pattern quoted or referred to

herein and/or fully aware of the nature of the stores required and my/our bid is to supply the

stores strictly in accordance with the requirements under this tender.

3. I/We hereby agree to supply the stores, strictly adhering to the General Conditions of the

Contract in FORM NO. CMM-22/Rev.4 and **Special Commercial Terms and Conditions of

the tender documents.

4. You will be at liberty to accept any one or more of the items of stores offered by us and I/We

shall be bound to supply you the stores as may be specified in the purchase order/contract.

5. I/We hereby agree to keep the prices and our bid valid for your acceptance for a period of 90

(Ninety) days from the due date of this tender.

**Strike out whichever is not applicable.

Tenderer’s Bid No.:

Dated :

M/s.

Tender No. As per Tender

Dated : As per tender

Due date : As per tender

SPT/IND of 43

6. **Deviations to technical specifications are detailed in Annexure-'A' to the tender form and

compliance proposed to General Conditions of the Contract in FORM NO. CMM-22/Rev.4

and Special Commercial Terms and Conditions of the tender documents are detailed in

Annexure-'B' to the tender form.

7. I/We are also enclosing herewith all the leaflets/catalogues etc. pertaining to the stores offered.

8. Details of the stores along with prices and the bid terms are enclosed under schedule to this

tender form.

Yours faithfully,

Stamp and Signature of the Tenderer

**Strike out whichever is not applicable.

Encl: Deviation to technical specifications-Annexure 'A'

Compliance to General Conditions of Contract in FORM NO. CMM-22/Rev.4 and Special

Commercial Terms and Conditions - Annexure 'B‟

Leaflets/Catalogue.

SPT/IND of 43

ANNEXURE B

1.0 Format for submission of Compliance to the General Conditions of Contract governing

supply of stores - CMM-22/Rev.4 & *Special Commercial Terms and Conditions.

1.1 The tenderer shall note that any deviation to above mentioned terms and conditions of our

tender may lead to disqualification of their bid.

1.2 The compliance/confirmation to the specific clauses may please be furnished as per the

format below:

Sr.

No. Item / Description

Bidder’s Compliance

/ Confirmation

A

Acceptance of following clauses under General

Conditions of Contract governing supply of stores-

CMM-22/Rev.4

A-1

Acceptance of Clause No. 3 regarding subletting /

assignment of Contract.

A-2 Acceptance of Warranty as per Clause No. 8.0

A-3 Acceptance of Clause No. 16 regarding Quality

Surveillance, Inspection, Acceptance and Rejection.

A-4 Acceptance of “Terms of Payment” as per Clause No.19.

A-5 Acceptance of Clause No. 23 regarding Arbitration.

A-6 Acceptance of Clause No. 25 regarding Inspection and

Acceptance Tests.

A-7 Acceptance of Clause No. 31 regarding Secrecy.

A-8 Compliance to the remaining clauses of CMM-22/Rev.4

B

Compliance to the clauses under Special Commercial

Terms and Conditions.

To b

e quote

d i

n o

nli

ne

bid

din

g f

orm

only

SPT/IND of 43

PRE-QUALIFICATION CRITERIA

Nil

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