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CSIR -CENTRAL ROAD RESEARCH INSTITUTE (COUNCIL OF SCI ENTIFIC AND INDUSTRIAL RESEAR CH)

11~ llT'f. lfiowo x:ft3TR3TR~. -.uf ~ Mathura Road, P.O. C RRI, New Delhi- 110 25 (INDIA)

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Website http:// "YWW.CITidom.gov.in Email: spo.crri@uic.in

~ 3fT1l?rur / NOTICE INYIHNG TENDER

~'ft./ ~I Press Tender Enquiry No. 12(313)/98/17-18/Pur From: Director CSIR-CRRl

Date: 08/1112017

~ ii To, iffin M/s --------------------------------

~I Sub: For Supply, Installation & Commissioning of Texas Overlay Tester

Dear Sirs,' You are requested to submit lowest quote for the fotlowing items in sealed double cover subscribing the inner cover with quotation for· Supply, Iristallation & Commissionin~ of "Texas Over·Iay Tester·" of against Tender Enquiry No. 12(313)98/17-18/Pur Dated 08 .11.20 17." The outer cover should bear or ly the address of office. Offer with complete details . The quotations must be neatly typed or compu·er printed, Hand written offer will be rejected .

Your sealed quotation as per . attached Tender Documents in Two Bid System ( i.e. Technical Bid & ' .

Financial Bid) should reach this office Room No. 306-307 ~ lltid Flloor, Purchase Section, CRRI latest by 28/11/2017 upto 4.30 PM. The technical bid will be opened on 29.11.2017 at 10.30AM. An Earn::;st Money Deposit (EMD) @ INR 1,00,000.00 (Rupees One Lakh Only) must be submitted along with Technical Bid in the form as prescribed In Tender documents. . Any bid which is found without EMD shall not be considered for technical evaluation. · ·

.~ Item ·Details ~~ lf];lT

Sl. No. EMD INR Qty.

01. For Supply2 Installation & Commissioning of Texas . Rs. 1,00,000.00 01 No. Oveday Tester (Rupees One Complete Detailed Specifications as per Annexure -I & Annexure -2 Lakh)

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You are requested to carefully read the attached detailed terms & conditions and submit your competitive offer by due date and time.

~I Yours fa ithfully,

~. .. . . CJI . 101<l :>~en (mR 'QCf Sfl<f)/c;ontroller of Stores c

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File No. 12(313)98/17-18/Pur

ANNEXURE-1 ct ·

Dt. Of/11120 17 .

Detailed Technical Specifications for Supply, Installation & Commissioiting ·of Texas. Overhiy Tester

The following items are required for (purpose):- Evalu~tion ofthe susceptibility of bituminous mixtures to fatigue or reflective cracking ·

TEXAS OVERLAY TESTER Should fully meet the requirements of: TEX-248-F (As per Annexure ... 2) Specification:

• Should accept bituminous mix samples 150I;1m long, 76 ±0.5 mi11 wide and 38 ±1 0 . mm high

• Measurement interval (Load, Displacement and temperature) should be 0.1 second or better

• Able to ind~tce a tension in a cyclic triangular waveform to constant . maximum · displacement of 0.6 mm at 0.1 Hz frequency (1 Cycle ·per 10 seconds) with control accuracy better than 15 f.tm ·

• Resolution of Displacement Measurement at least I f.tm • Load cell Capacity: Up to 25 kN • Load Cell Accuracy should be 0.25 (%FS) or better. • Temperature control Range should be 1 0 oc to 40 oc • Temperature Control Accuracy should be ±0.5 °C or better. • Mounting Jig, base plate and space bar shall meet the requirements as per Tex-248F · • System should be compatible with the Indian: electric condition of 220V to 240v,

50Hz, single phase. · • Matched pair of base plates, one movii1g and 911e fixed, to wh_ich the sample is

mounted (Five Sets) · · ·

• · Cutting template (Five No's) • Two-part epoxy with minimum 24 hour ten~ile strength of 4.1 MPa .and 24hr shear

strength of 13.8MPa in accordance with Tex-614-J (20 Combinati011Packs) • · 4.2 mm spacer bar for plate separation and alignmei1t • · 4.5 kg weight loader- in the shape of the specimen to ensure load is spread evenly and

does not overhang the edges of the specimen (Five Sets) • Glue application tool (Three No's) • Glue removing agent (Three No's) • Torque Wrench, capable of applying a 1.5lb.-in. torque (1.694 N-m) • Calibration Kit

Note (1) Complete operational training to be given in CR.RI (2) Three years comprehensive warranty for complete setup

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./ 0VE]JLAY _TEST TxDOT D ESIGNA TION: TEX-248-F . ]

Test Procedure for

OVERLAY TEST

TxDOT Desig_nation: Tex-248-F

Effective Date: February 2014 ·

1. SCOPE

1.1 This test method determines the suscept ibility of bituminous mixhm:s to fatigue or reflective cracking. '

1.2 The values given in parentheses (if provided) are not standard and may not be. exact mathematical conversions. Use each system of units separately. Combining values tl·om the two systems may result in nonconformance with the standard. ·

2. APPARATUS

2.1 · · Overlay Tester (OT)-an electro-hydraulic system that applies repeated direct tension loads to specimens. The device automatica ll y measures and records load, displacement, · and temperature every 0.1 sec:

2.1.1 The machine features two block:< : one is fixed, and the other slides horizontally. The sliding block app lies tension in a cyclic triangular waveform to a constant maxinium displacement of0.06 em (0.025 in.).The sliding block reaches the maximum displacement and then returns to its initial position in 10 sec. (one cycle).

2.1 .2 Additionally, the device iriclt:tdes:

• a controlled temperature chamber, .

• a linear variab le differential transducer (L VDT) to measure the displacement ofthe block, ·

• an electronic load cell to measure the load resu lti ng from the displacement, . .

• a luminum or steel base plates to restrict shifting of the speciine1idt1ring testing,

• a mounting jig to align the two base plates for specimen preparation, and

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a 4.2 -mm thicl< spacer bar ..

2.1.3 Refer to the manufacturer's specifications for equipment range and LVPT and load cell accuracy.

2.2 Single or Double Blade Saw ..

CONSTRUCTiON DIVISION 1 -8 EFFECTIVE DATE: FEBRUARY. 2014

~ -,. OVERLAY TEST TXDOT D ESIGNATION: TEX-248- ' .

2.3 Cutting Template, as shown in Figure I.

Note 1.:_ This is not required when using a double blade saw.

· 3 in_ (76 nun) 6 in .

(150 mm)

Figure ! -Cutting Template

2.4

2.5

2.6

2.7

2.8

2.9

Apparatus used in Tex-207-F.

Temperature Chamber or Heating Oven (optional), capable of maintaining 25 ± 0.5°C (77 ± ] 0 f). .

Vacuum Device (optional), such as CoreDry.

Spatula and Dish, disposable, for mixing epoxy.

Weights. I 0 lb. ( 4.5 kg) each.

Note 2-As shown in Figure 2, one weight must res t on top of each specimen wi thout overlapping the sides.

3/8-fn. Socket Drive Torque Wrench, with a 3-in . extension, capable of applying a 15 lb.-in . torque. · · .

Figure 2-Weighted Specimens-

CONSTRUCTION DIVISION 2-8 EFFECTIVE D A.TE: FEBR UARY ?014

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3.2

3.3

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4.1

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4.1.2

4.2

TxDOT DESiqNA TJON: TEX-248-F

MATERIALS

· Two-Part Epoxy, with a minimum 24-hr. tensile st rength of 4, I MPa (600 psi) arid 24-hr. shear strength of_l3.8 MPa (2 ,000 psi) when tested in accordance with Tex~614-J .

Paint or Permanent Mai-ker.

Lubricant (optiona l), such as grease or· oil.

SPECIMENS

Laboratory -Molded Specimens- Prepare three specimens in accqrdance with Tex-241 -F. Specimen diameter must be 6 in. (150 nun) , and height must be 4 .5 ± 0.2 in. ( 115 ± 5 mm). Test specimens within 5 days of molding:

Note 3--Cure warm-mix aspha lt (WMA) mixtures at 275 °F for 4 hr.± 5 min. before mo!ding. WMA is defined as HMA that is produced with in a target temperature discharge range of 2 15°F and 275°F using WMA additives or pr.ocesses . . ·

Density of the trimmed test specimen must be 93 ± 1%, except for Permeable Friction · Course (PFC) mixtures. . · ·

· Note 4-Laboratory-molded specimens with 9 1 ± .1% density usually resti lt iil trimmed test spec imens that meet the 93 ± 1% density requirement. This is only a gu ide; use prior experience and knowledge of the specific materials.

Note 5-Mixture weights for laboratory-molded specimens that achieve the density requirement typically vary between 4200 and 4500 g.

ForPFCmixtures, mold test specimens to 50 gyrations (Ndesign) .

Note 6-Select the mixture weight for the molded PFC specimen based on the weights . used in the mix design.

Core Specimens- Specimen diameter must be 6 ± 0. 1 in . ( 150 ± 2 mm), and height must be a minimum of 1.5· in. (38 mm). There i ~ not a spec ific density requirement for core spec1mens ..

5; PROCEDURE

5.1 Preparing Specimens: .

5.2 · . Obtain three cylindrical sp~imens meeting the requirements of Section 4. · .t\ . . . • .

Note 7 - :Test roadway cores f or infoni1ational purpOS(!S only .

5.2 .1 Refer to the sawing device. manufacturer's instructions for trimrriing specimens.

5.2.2 · When u sing a single blade saw, use a cutting template to trace the l oca~ion ofthe cuts in . paint or permanent marker. . . · . . .

CONSTRUCTION DIVISION 3-8 EFFECTiVE D ATE: FEBR UA RY 2014

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> 0 VERLA Y TEST TXDOT [JESIGNA T!ON: TEX-248- ;.-: · . .. t~< ·: .· 5.2 .. 3

5.2.4

Cutting the specimens perpendicular to the top surfac.e, trim the sides to produce speciinens 3 ± 0.02 in. {76 ± 0.5 mm) :wide, as shown in Figure 3. When using a single blade saw, follow the lines traced using the template. Discard the cuttings.

. Trim the top and bottom of each specimen to prodtic~ a sample with a height of 1.5 ± 0.02 in. (38 ± 0.5 mm), as shown in Figure 4. Discard the cuttings.

Specimen's Top Surface

3 ±0.02 in.

(76 ±0.5 mni.)

Figure 3-:-Trimmed Specimen (Top Vie:-v)

Specimen's Top Surface

3 ±0.02 in.

(76 ±0.5 mm)

Initial Height for

Molded Specimen 4.5 ±0.2 in.

(115 ±5 mm)

Discarded Part ' 11.5 ±0.02 in. (3.8 ±0.5 mm)

Discarded Part

Figure 4-Trimmed Specimen (Side View)

5.2.5

5.2.5.1

5.2.5.2 .\\

5:2.5.3·

Calculate the density of the trinuncd laboratory-molded specimei1s in accordance with Tex-207-F, in the following order.

Note 8-Do not measure the density of trimmed PF:C specimens .

Calculate the weight of the specimens in water.

Calculate the satJJtated surface dry (SSD) weight of the specimens in air.

Dry the trimmed specime~s using one cif the foli0\¥ing methods. ·

• Air dry to remove excess moisture, and · then use a· vacuum device to dry the specimens.

• Oven dry at 40 ± 3°C (104 ± 5°F) to constant weight.

Note 9-Specimens'take approximately 8 hr. to oven dry. Do. not oven dty for more than 24 hr.

CONSTRUCTION DIV!SJ.ON 4-8 .EFFECTIVE DATE: FEBRUARY2014

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I OVERLAY TEST r I

TXDOT D~SIGNA TION: TEX-248-F

1 5.2.5.4 Relative density must be 93 ± 1%. Discard and prepare a new specimen if the trimmed ·J specimen does not meet the density requirement. ·

Note 10-The density for specimens trimmed ·from roadway cores is for informational . purposes only . .

5.3 Mounting and Conditioning Specimens: .

5.3.1 Ensure the base plates and spacer bar are clean, removing any dirt or epoxy from previous samples. ·

5.3.2 Mount and secure the base plates to the mounting jig. Insert the spacer bar between the plates as shown in Figure 5. ·

Note 11-'--If desired, apply a small amount of lubricant on the spacer bar to faci litate its removal.

Note 12- The gap between the two base plates is 4.2 mm.

Figure 5-Mounting Jig, Base Plates, and Spacer Bar .

5.3.3

5.3.4 11

5.3.5

5.3.6

Prepare approximately 12 g of the two-part epoxy for each test specimen following the manufacturer's instructions. Do not prepare epoxy for more than three specimens in one batch. ·

Sp~ead the epoxy -into a large side of the trimmed specimen.

Note 13-Complete Sections 5.3.4-5 .3.7 in under 2 min.

Adhere the specimens to the base plates. Ensure that each specimen is centered and · aligned parallel to the edgesofthe base plates. . . ·

Weight the specimens to ensure full contact wit,h the base plates. As shown in Figure 2, orie weight must rest on top of each specimen without overlapping the sides. ·

CONSTRUCTION DIVISION 5-8 EFFECTfVE DATE: FEBRUARY 2014 .·

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. OVERLAY TEST . . .· \~/ · '

TXDOT DESIGNATION: TEX-248-'< .

5.3.7 \

5.3.8

5.3.9

5.3.10

Remove the spacer bar carefully to prevent tbe specimens fro·m moving.

A llow the ep~xy to cure per the manufacturer~s recomrnendatiotts.

Note 14-:-Generally, 8 hr. curing time provides suffic ient bonding strength.

Reti1ove the weights from the specimens. ·

Place the test sample as·sembly (specin1ens and base ptalcs) i11 the OT temperature chamber or an oven at 25 ± 0.5°C (77 ± I °F) for a minimum of I hr. before testing.

5.4 . Starting Testing Device:

5.4.1 Turn on the OT. Turn on the computer and wait at least I min. to estab li sh communication with .the OT before starting the OT _software . .

5.4.2 Turn on the hydraulic pump using the OT software.

5.5 Mounting Specimen Assembly to Testing Device:

5.5.1

5.5.2

5.5.2.1

5.5.2.2

Enter the project name, specime1i identification number, specimen densi ty, data file name, and. test remarks into the OT software. ·

Mount the specimen assembly onto the machine according to th~ manufacturer'.s instmctions, with the fo llowing additional sreps·.

Clean the bottoin of the base plates and the top of the testing machi;1e blocks before · . placing the specimen assembly into tl~e blocks.

Note 1S-:-If these surfaces are not clean, damage may occur to the machi ne, the specimen, or the base plates when tightening the base plates.

While pl acing the assembly into the machine, ensure the device is in load inode to minimize stress to the specimeri. . .

5.5.3 Use the torque wrench to app ly 15 lb.-in. of torgue to each bolt to fasten the base plates to the machine. Use a similar torgueing pattern for the replicate specimens . Figure 6 shows the recommended pattern . · ·

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CONSTRUCTION DIVISION 6-8 . EFFECTIVE DATE: FEBRUARY 2014

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.. 0VERLAY.TEST TXDOT DESJ'GNATION: TEX-248"F

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5.6

5.6:1

·5.6.2

5.6.3

Testing Specimens:

Test laboratory-molded spec'imens within 5 days of molding . .

Change the OT to displacement mode, and set t11e machine to test at a constant temperature of 25 ± 0.5°C (77 ± 1 °F).

Start the testusing the program's statibutton.

Note 16-The test will automatically start after the specimen relaxation and temperature stabilization sequence is completed.

Note 17-The test will run until a 93% reduction of the maximum load occurs, when measured from the first opening cycle. If a 93% reduction is not reached within 1 ,000 cycles, the OT will stop the test.

5.6.4 Open the OT report program and record, the starting and final loads, percent de~line in load, and number of cycles to failure.

5.6.5 Remove the specimen assembly upon completion of the test. Turnoffthe OT if needed.

5.6.6 Visually count the number of cracks at the top ofthe specimens . Record zero, single, or multiple cracks iD the comments section· of the test report..

6. REPORT ~J

6.1 .11 •

Report the following tor each specimen: ·

• trimmed specimen density,

· • starting load,

• final load,

• percent decline in load,

CONSTRUCTION DIVISION 7-8 EFFECTIVE DATE: FEBRUARY 2014

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number ofcycles to faih.1re,

number Of observed cracks, and

additional.comments. ·

ARCHIVED VERIONS

Archived versions are available.

CONSTRUCTION DIVISION

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. \: .. TXDOT DESIGNATION: TEX-248-F . \ .· ~ . .

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EFFECTIVE DATE: FEBRUARY 2014

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Annexure-3

QUALIFICATION REQUIREMENTS SHEET

1. The Bidder should be a manufacturer or their dealer specifically authorised by the manufacturer to quote on their behalf f(,r this tender as per manufacturer authorisation form and Indian agents of foreign principals, if any who mu~t have designed, manufactured , t~sted and supplied the equipment(s) similar to the type specified in• ne "Technical Specification". Such equipments must be of the most recent series/models incorporati•lll the latest improvements in design. Srmilar models should. be in successful operation for at least one 'f ·ar as on date of Brd Opening . · .

2. The bidr,Jil should have supplied and installed at least one sucH or similar system/equipment to any Central / State ()() t. I PSUs I Universities I Autonomous bodies/any firm.The performance certificate is mandatory and rrj~lred to be enclosed with the bid. The details should be incorporated in the performance statement form ? •ng with documentary evidence. . · . . · . .

3. If '<'' Jired, the bidder may be asked and should be willing to arrange demonstration of the equipment o' ' 1d, free of charge at on a mutually agreeable place and date prior to opening of priced bids to ascertain 1 ' conformity with tendered specifications.

4. ~tails of service support facilities that would be provided after the warranty period should be submitted in .1e Service Support Details Form. ·

Q That, in the case of a Bidder not doing .business in India, the Bidder is/or will be (if successful) represented by an Agent in India who shall be equipped and able to carry out the Supplier's maintenance, repairs and · spare parts, stocking obligations prescribed by the conditions of the contract.

6. That adequate and specialized expertise is already available or will be made available following the execution of the contract in the Purchaser'.s country, to ensure that the support services are responsive an<;! adequate.

7. That the Bidder will assume total responsibility for the fault-free operation of. equipment, application software, if any, and maintenance during the warranty period and provide necessary maintenance services for five years after end of warranty period if required .

8. If use of quoted item requires any 'End User Declaration (EUD)' or signing of special conditions I declaration etc. prior to processing of the order, format of such EUD or special condifions shall have to be attached with the Technical Bid . If Director CRRI is unwilling to submit such EUD or sign special conditions so requ ired, your offer shall be rejected summarily. The order shall also be cancelled if any such demand is placed

. subse.quent to order placement.

9. Bidders who meet the criteria given above are subject to be disqualified, if they have' made untrue or false representation in the forms, statements and attachments submitted in proof of the qualification requirements or have a record. of poor performance, not properly completing the contract, inordinate delays in completion or financial failure, etC.

10. Any additional bid participation criteria/eligibility conditions etc. mentioned in the Technical Specifications she.et will also form part of the qualification requirements alongwith those mentiqned in this chapter. ·

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CSIR -CENTRAL ROAD RESEARCH INSTITUTE (COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEA RC II )

lf~ lfllf. "!fio311o ~3fR3TR~. "1{ ~ Mathura Road, P.O. C RRI, New Delhi - 110 025 (INDIA)

·· Td. IJ1 -0li -21>JHI~JO. :!61!321 73. ;..,+a~ No: 263 I 0530. 2G!l-t5'J43, 26il.l0-Hifl

Website http://www .crrido~n.gov .in Email: spo.cni@nic.in

TENDER DOCUMENT FOR. LIMITED TENDER Procurement of Texas Overlay Tester.

(TERMS & CONDITIONS INCLUDING INSTRUCTION TO BIDDERS AND CONDITIONS OF CONTRACT)

The above item is to be quoted in Two Bid system and 1·equested to l<indly submit your sealed quotation in favou1· of Director, Centml Road Research Instit~te, Delhi Mathura Road, P.O. CRRI New Delhi-110025.

GENERAL: Quotations in closed cover under two bid systems are invited on behalf of the Director , · Central Road Research Institute (CRRI) , New Delhi from the reputed Indian and foreign manufacturer . 'The ' offer/ q·uotation must' be strictly as per required specifications and the tender terms & conditions. ·· ELIGIBILITY CRETERIA: The Bidders should comply fully with the Technical specifications in the tender documents and in the qualifioa tion requirernen t sheet.

1. Please ~learly mention your GST No./l~SN Code separately, if any, in your quotation.

2. PREPARATION AND SUBMISSION OF OFFERS: a) Quotation shou l d be submitt ed directly by the original manufacturer/supplier or its sole authorized distributor/dealer/Indian ~gent .

In case ·of bid by author ized dealer/distributoriindian Agent , the manufacturer authorization should be attached with the technical bid as per Annexure-'F'. · One Indian Agent can participate in a tender on behalf of one manufacturer. No offer will be entertained if the same Indian Agent is representing another manufacturer.

b) In case a bidder is nOt doing buslness within India , it shall furnish the certificate to ·the effect that the bidde r is or will be represented by an agent in India equipped.and able to carry out the supply , maintenance , repair obligations etc . during the warran.ty and post-·warra.nty period or ensure a mechanism at place for carrying out the· supply , maintenance , repair obligations etc . during the warranty and . post-warranty period .

c) The bidder sha11 bear all costs asso~iated with the ~reparatiori and submission of its bid irrespectiv~ of the conduct or outcome of the bidding process . The purchaser will in no case be responsible or liable for these costs re~ardless of out come of the bidding·process .

d) The bidder should not indulge in any corrupt , fraudul~nt , collusive , coercive practices during the entire process . of procurement and execution of contract/order .

e) Before the deadline for submission of the bid , CRRI reserves the right to modify the bidding document and to extend or not to extend the date o f

submission. Such amendment/modification will be notified to bidders receiving the bidding doc:ument in writing or by cable/fax/ email and will also t~e hosted on CRRI website .

f) Conditional tenders will be :s"ummarily rejected.

g) A bidder may withdraw , substitute , o r modify its bid· after it has been submitted by sending a written notice signed by the authorized signatm.y before the date of submission of the bid . Any re-submissioh or modiiication in the bid.should be submitted before the date & time of ~ubmission of bi~ as originally conveyed in the inv i tation oi bid .

· h) No bid may be withdrawn , subst itut ed or modified in the interval between the deadline for submission of Sids and the expiration of the period of b~d validit~ specified by the Bidder on the Bi~ Form pr any extens i on t he reof .

i) In c ase of (g) abov e , _ first enve l ope marked "WI THDRAWAL" · shall riot b"e opened , but returned to the. Bidder subject to · submission of val.:'.d aut hori zati o n to request the withdrawal . 'In case of substituted and modified bid , only the substituted bids and modifi ed bids will be opened subject to· production of authorization-from the bidders . j) The quotation should be addressed to the Director, Central Road Research Institute , Mathur a Road , New Delhi- 110025 and sent to the Control ler o f Stores & Purchase, Room No.305-306 , IInd Floor , Main Building, CRRI, New Delhi -110025 .

k) Each offe r /quota tion should be kept in separate envelope against each item of the tender notice . Bid shall be typed or written in indelite ink and sha~.l

be signed by the Bidder or a person persons duly author i sed to bind tile Bidder to the Contract . All pages of the bid except for. un - amended printed literature shall be .initialled by the person or persons sign ing the bid . Any interlineations e r as ures or overwriting shall be valid only .if the persons c)r persons signing the bid initial them .

1 ) For items covered under Two - Bid - Tender ·System,. quotation/offer submitted in two separate e nvelopes containing Techno- Commercial Price bid and these put in one envelope.

should be bid and

m) Bidder must also inform at the bidding stage . itself,. if any special certificate o r signing the special conditions/declarat i ons etc . is require.d w.r.t. the end user o f the item or for its spares i n compliance to the supplier country regulations: o_r supplier. ' s own requirement-s to execute _d1e purchase order. Format must be enclosed with the techn i ca l bid. Purchaser may at the discretion disqual ify the bidder if purchaser is not willing to siqn such certificate I conditions etc. notwithstanding the bid meeting all other criteria .

n) The outer cover containing the offer/quote should be super-scribed with .the respective Tender No. (Not the Open! Press Tender Notice No.), Due date and Date· of opening of tender . ·

o) The offers must contain the foll owing documents : -

(A) Techno-commercial offers must contain: i. · Manufacturer authorization (as per clause · 2 (a)) as per Annexure -'F'. ii. Certificate by bidde r not doing business i n India as per c lause 2(b) .

. iii. Technical literature/ leaflets and complete ·specifications of q uoted model ( s) along wi.th commercial terms a n d conditions .

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v. vi. vii.

Compl.iance statement/questioni)aire of tender terms and condi ti.ons as A , 'A' . per nnex:ure- . . . . . . ..

Compliance statement tif specification~ as per Annexure-'S' Bid Security/EMD (~s per clau~e -4) as per Annexure-'C' In case of exemptiori · . fro~ submission of'Bid security , pioof of registration with NSIC, as . per clause (4(a)) .

viii. Copi~s ot pr~vious sup~ly order~ (as per clause 9(c) and clause 24) as

per· Annexure -'G'. ix. Details of su¢plies of similar equipments as per clause 9(d) .

x. Documentary evidence: establishing ., that bidder is eligible to bid .arid is qualified to perform the · contract if its bids is accepted as per Qualification requirement Sheet. ·

(B) Price Bid offers must contain: (Only in case o~ two bid systems)

i. Bid price as per clause 5 in format enclosed as Annexure- 'D' or Annexure- 'E' as

applicable.

ii. Certificate of price reasonability as per clause 9(b) .

iii Prices shall be quoted in rupees (INR) or in full convertible foreign currency preferably in . . . ~ .

USD ($), Euro ( C) Japanese Yen(¥) , GBP (£) wherever. possible for correct evaluation during

comparison .

iv. Price quoted by the bidder shall remains fixed during the entire period of contract and shall

not be subject to variation on any account.

3. DUE & OPENING DATES: The Offer/Quotations must reach at CRRl\ as per the.

address mentioned at (column J·) above on or before 20st November,2017 up to . 4:30 pm. (lST) the tenders will be opened at 10.30 arn .(1ST) Onw\{~ rds on · 21st Novcmbcr,2017 in the presence of . bidde r s , who wish to be present themselves at the time of opening of tender . In case opening date happens to be a holiday , the 'tender ~ill be opened on next work_ing d~y at the same t ·ime · · & location·. The price bids of two bid tender system shali be opened· after t echni c al evaluation of technical bids . , The date of opening . of price bids shall be informed to the b i dders. found sui table in te c hnical evaluation. No request for extensi o n in the date of submission & op~ning of ' tender will be entertained . However CRRI , may at its discretion , extend th'e deadline for submission of bids under intimation to bidders . · Any Bid received after the deadline for submission of bids will be opened and returned to .bidder .

4 . LATE TENDER : Late Tender will not be opened and returned to . the bidder. Similarly, tenders received after the last ·date specified for receipt of tenders but before the date . of opening (Delayed Terider)will not be opened and will be returned to the bidder.

5. EARNEST MONEY DEPOSIT (EMD)/Bid Security:

a. EMD/Bid Security in the form of Bank guarantee· {As per format enclosed as · ANNEXURE- 'C') or Terin .Depos.it Receipt./FDR of a schedul,ed · bank pledged in the name of Director , CRRI , New Delhi valid for 180 ·days i... J _ _ _ _ : ,_.e . ,-,

. 1--__ :.. .' _: f :tom the date of opening of the J tender for the required amount as mentioned in the tender notice separate for each item must be submitted along with the quotation (w~th the · techno­commercial quotation in case of two - bid · system and p~otoccipy of · the same enclosed with the Price Bid . Alternatively; EMD can also be submitted by Funds Transfer to CRRI Account as per details given . below,

I I.

i n such case Bidd·er has to att ach copies of· Funds Transfer Receipt alongwith Technical & Financial Bids f o r - authentication . I. Account No. 00000030268867237 2. Bank's Name State Bank of India 3. .Branch CRRI, New Delhi

4. 5.

NEFT RTGS IFS,:_:: Code MICR Code

6 . . City 7. B.anlt Address

S1UN0010442 1!0002445 _New Delhi . · Maihura Road, Ne:. ~,.Delhi _- 25

b. The bid security /EMD ~ay be fO£feited if a biddei wi~hdraws or amends or impairs ·or derogates its bid during the period of bid validity . c. In case of a successful _bidder , if :.he b idder fails to furn ish order acceptance within 21 da ys and or fails tG ~urnish perfor1nance security i n the prescribed format ; their bid s~curity/F~ D will be forfeited .

6. PRICES Bid prices shou· JE' fi l led ] .. _j appropL .ate format' enclosed as Annexure 'D' and 'E.'. ALL THE BIDDERS SHOULQ QUOTE PRICES FOR EACH AND EVERY ITEM SEPERATEL Y ALONG WITH THE CONSOLIDJ\T~D ( RICES APPLICABLE FOR BOTH INDIGENOUS . AND IMPORTED ITEMS. CRRI' ~en'-!!; s the right to ·-:;elect ariy of the item or in fu ll. · A. For gooc,_, ma ·, tlftl'ctured irl.india: (i) The pr~ce -cf goods quoted Ex - Works including taxes a lready paid. ( i i ) GS T 1, SG:· - wb ich wil l be payable on the goods if the cont rac t is awarded .

(a) The . •_ .JO· .. ::: ' s fo r i n land t r anspo rtation , insurance and othe r -local s e :.. v-i ce .. equired fo r del i ver i ng the goods· at the desired destination as ~pe~~ (ied in the price schedule f o rm.

(b) Th e ·~ns t l l a t i on , commis s ioning and training charges including any i nc : denta l services , if _any .

_ ds manufactured abroad: ) price of the goods , quoted on FCA (Named place of delivery a rroad) or

~amed port of Shipment) , a s specified in the schedule .form. The charges fe r ins u rance and transportation of ~he goods to t te

rt/place of destination . 1 i ii) Th e agency commiss i on charges , if a n y . (iv) The installation , commiss i on~ng and training charges including any . i ncidenta l serv ices , if any.

C. We are exempted from payment of Excise Duty under notificat i o n . number 10/97 dated 01 . 03 . 1997! a nd Customs Dut·y under notification No . 5 1 /96 da t e d 23 . 07 . 1996 . Hence Excise · Duty and Customs Duty, if any, should be shown separately. N.o other charges than those mentioned clearly in the quotatio_n will be paid.

D. GST, as applicable will be paid. However, Customs Duty /Excise Duty Exemption Certificate, as there may be, will be issued.

7. VALIDITY OF OFFER: The pr i ces must be val i d at least for a period of 90 days for indigenous supplies &

180 days for imports from t he d a t e o f. opening of the Tender . No chan ges · in p r ice s wil l be a~ceptabl e i n a n y co nd i tion after opening of tende r ti ll the validity of the offer o r execut i o n of · t he order whichever is later . I.n exceptional circumstances , the Purchaser may solic-it the B_idder ' s consent to extensi on of the period of validi ty t h rough email , · fax or lett er . · The bid · security shall also be suitable extended .

8. EVALUATION OF BIDS: . Before s1,1bmissiori of bid , the bidder is expected to examine· all the instructions , fqrms , terms · and' specifications in the bidding document and sho~ld ensure that the following condi tions a r e fulfilled:

a) Bi dder Information form as per . . Annexure-'H'. b) The price ' schedul e .shou l d be enclosed and must be _signed . c)The bid validity should not be shorter than required . d) The .manufacturer ' s a u thorizatioh should be enclosed l'n case the bidde r . is authorized dealer/distributor . e)ThS bidders should agree to provide the P~rformance Security . f) The quoted goods should be as per required specif~cations .

g) In case the bid is substantially resp?n~ive , the purchaser may request that bidder to submit the necessary information , documentations , within· a reasonable period of time , to rectify , non-material , non-conformities or omission in the bid related to documentation requirements . Failure of the bidders t o comply wi~h the request may result ~n the rej~ction of its bids . But i n case of the material deviati.on/reservat:lon or omiss i on which limits or is inconsistent with the bidding documents and the Purchaser ' s Rights or Bidders obligation under t h e contract -or which if rectified , would unfai·rly affect the other bidders , the bid will be rejected . · h)The Purchaser shall correct arithmetisal errors on the following basis: (i) If there is a discrepancy between the unit price a nd the line item total that is obtained by multiplying the unit price by the quantity, the unit price sha l l preVail and the line item total sh~ll be correct~d; unless ·in the opinion of the Purchaser there is an obvious misplacement of the decima~

point in the unit price , in which case the line it"em total as · quoted shall govern and the ~nit price shall be correct~d .

(ii) If t here is an e r ror · i n a total corresponding to the addition or subtra.ction of subto t als , t h e s ubtotals shall prevail and the total shall . be corrected ; and (iii) If there is a discrepancy between words &

shall prevail , . unless the . amount expressed arithmetic e rror , in which case the amount in to (i) arid (ii) above .

figures , the in \"lOrds is figures shall.

amount in words related to an prevail · subject

i) Selling exchange rate/equivalent to I'ndian currency will be as on the <;late of bid opening in the case of single bidding and the rate on the · date cf opening of the priced bids in the case of two - part bidding.

j) The . bids shall be evaluated on the basis of final lanc;J.ing cost as per Annexure -'0' in case of import and Annexure -'E' in case of indigenous items . k) The comparison between the indigenous and the foreign offers shal l be made on FOR destination basis and CIF/CIP basis respectively . However the CIF/-CIP prices quoted by any foieign bidders shall be loaded further as under :

(a) Towards customs duty and other statutory levies-as per applicable rates. (b) .Towa_rds custom clearance , in l and transport':ltion etc. - 2% . of the CIF/CIP value . I) Whe r e the price quoted on FOB/FCA and CIF/CIP basis are the same , th.e Contract would be made on CIF/CIP basis only .

! . I .

m) The Purchaser reserves the right at the time of Contract ·award to increase or decrease the quantity o·f goods and services originally : specified in the tender document without any ~hange in unit price . or other terms and conditions. Further , at the discretion of the purchaser , the quanti ties in the contract may be enhanced by 30 % within the delivery period .

' J

. . ...

. . 9. The Vague terms l i ke "packin~ , forwarding , transportation ..... .. ..... .. etc. extr<J. without mentioning the specific amount/percentage of these charges will not be accepted. Such offers shall be treated ai incomplete and rejected.

10. REASONABILITY OF PRICES: a) Please .quote best minimum prices app l icable for a premiere Rese?rch Institution , leaving no .scope for any further 'negotiations on .prices.

b) The quoting party should give a certificate to the ~ffect that the quoted prices are L1e mi n i mum and they have not quoted the same i tern on lesser rates than tho.3e being offered to CRRI to any other customer nor they will do so till t:1e validit-y of offer or execution of the purchase . or:der , which ever is . lat'er .

. c) Copies of at least last three supply orders of tl:le last 3 years received from oth·~r c u stomers a l ong with details o f such supply orders pre f erably in India for t h e s a me item/model may be submitted with the offer giving reasons of pr,i ·:::e d i ffe r ence of their s upply o~der & those quoted to us , if · any. (As p:!r. Annexure -'G') or the requirement mentioned in the specifications sheet. d) The party must give de t ails of identic.;J.l or · similar equipment, if any , supplied to any CSIR lab during last three years along with . the final pri=e paid and Performance certificate from them.

11. ANNUAL MAINTENANCE CHARGES: The party must mention in the quotation, t'1e rate/ atno'unt of annual maintenance charges with and without spares a .1d extended warranty options , if we opt f6r maintenance contract after expiry Jf the warranty period . This is ma'ndatory -to mention .

12. SPECIFICATIONS: A. Specificat i ons are basic essence of the product . It must be ensured th:~t the of f ers must be strictly as per our specifications . At the same time it must be kept in mind that merely copying our specifications in the quotatiJn shall not make the pa'rties eligible f o r consideration of the quotation . A quotation has to be supported with the printed technical leaflet / literatu t:" e of the quoted model of the item by the quoting party / manufacturer and t:1e specifications mentioned in the quotation must be reflect'ed/ supported by the printed technical leaflet/ lite'rature. Th.erefot:"e

. the mode l quoted invariably be highlighted in the leaflet/literature enclos~d with the quotation . Non - compliance of the above shall be treated 3.S

incomplete/ambiguous and the · offer c~n be ignored without giving :~n

opportunity for clarifi catiori/n~gotiation etc . to the quoting party B. The technical bid shali be evaluated for acceptability by the technical committee and may call the tenderers for discussion. If necessary, the committee may modify the. technical specificatkm to suit' the CRRI requirement. In such case the opportunity shall be given to the participati:ng bidders for submitting the revised bid as per modified specifications, if any.

13. COMPLIANCE STATEMENTS: r •

a. Bidders must furnish a Compliance Statement of each and every required Specification of our tender in the format at ANNEXURE - '8'. The 'deviations, if any , from the tend.er2d specifications should be cleirly brought out in the statement . Technic:~l

literature/leaflet showing the compliance of the specification may also ::Je attached with the quotation . b. Similarly , the Compliance Statemel'!tlquestionnaire for Terms & Conditions of the tender may be furnished, as per the enclosed format at Annexure -'A ', along with quotation (with techno- commercia l bid in case of two bid tender system) . c. The f i rms are advised to submit both the. compliance statements essentially along with their quotation failing which their offer may not ' be considered .

14. PERIOD & MODE OF DELIVERY: The delivery period is the essence of supply; hence it mus t be indicated specifically in the quotation . Mode o f delive~y , tentat i ~e size and weight of consignment may also be indicated in the quotation.

15. PERFORMANCE SECURITY: All t[le . successful bidders will have to submit tha Performance Bank Guarantee or establish a Standby Letter of Credit (SLOG) or a Bankers cheque I or FDR pledged in favour of DIRECTOR, CRRI for requi re:l. value of 10% (Ten Percent) within 21 days after · the award of Purchase Order which 'should be valid upto 60 days beyond Warranty Period. The Performance Security will be · forfeited in the event· of breach of contract by the supplier. The

PBG Format is at ANNEXURE -'1'

16. PAYMENT CONDITION: A. FOR INDIGENEOUS SUPPLIES: Payment on Bill Basis after supply: For local supplies the payment will be made only after satisfactory installation , commissioning and performance of the equipment at CRRI , New Delhi and after certification by · our technical expert/ scientist. However , supplier will be required either to submit performance· bank guarantee (PBG) fo~ 10% amou~t of the total value. o f equipment , after instal·lation of the material , valid up to 60 days after the expiry of warranty period or the equiva len t amount shall b e released a ft e'r expiry of the satisfactory warranty period.

B. FOR IMPORTS: Wire Transfer for I 00% order. value within 30 days on satisfactory completion of installation , commissionin g, demonstration and acceptance of the system

OR Sight Draft bas is. ·

OR The payment against imports shall be made through irrevocable L/C. I, ,: ,-· "' ; J, ·

b e :·p·enr3d :t en lY!'i' FOB •.ral.u•:, . 90% of LIC amount . shall be released e n presentation of compl ~te a n d clear shipping documents and remaini~g 10% shall be released after installation/demonstration/commissioning , -subject · to submiss i on of 10% PBG to cover the warranty period . The ~BG shoultct remain' valid up to 60 days after the expiry of warranty period . In ·case of non~ submission of PBG after installations/demonstration/commissioning, remaining payment i.e. 10'% will be released only after the completion of warranty period. · · ·

17. COMMENCEMENT OF WARRANTY PERIOD: The warranty perio·d of an item shall commence after receipt of the i terns in good working condition and from tr·.e date of its satisfactory instaliation/commissioning/demoristration at tr.e project site in CRRI, New Delhi . The warranty period and validity _ o f Performance Guarantee · shall be extended for the period of delay i n satisfactory instal l ation and delay in warra~ty services .

18._ NO ADVANCE PAYMENT: No advance payment will be made to any · supplier .

19. INSTALLATION: lhe equipment should be installed/commissioned and 'demonstrated, by tt'1e supplier at CRRI immediately b u t i n a n y cas e within 15 d.ays afte r · receipt of tb.e item i n CRRI arid t h e same will . be p u t under operation to the ~atisfaction _ qf our techn ica l expert/Scient ist who will test the performance of the equ ipment . . Nci sepa r ate cha-rges for i nstallation etc . will be paid to the party Seyond the q u o t ed prices .

20. GUARANTEE/WARANTEE: The equ i pment/instrument; must · be guaranteed/war ranted fo r a period of at l east One years, ifnot specifically mentioned. otherwise in the specifications sheet, from the date of its satisfactory installation/commissionir;~g aga i nst ·al l manu f act u ri n g defects . If the equipment is found, defective duriBg . this period the who l e equipment 6r part thereof will have · to. be replaced/repaired by t h e suppl{er free cif cost at the CRRI or at site of the supplier for which all the logistics costs associ.ated wl. th such movements

) I j ·j

· must be borne by the supplier . The buyer shall be at· liberty to deduct such: ' . costs from payment due to suppli~r at a lat;er stage. However , if the . i terns' · ,- · are guaranteed for a .period of more than one · year , it may be specificall·y, mentioned in the quotatio~. The bidder/sup¢lier must also provide ' warranties for a ll quoted items ~ncl~ding third party i~ems ~nd peripherals etc . and assume responsibility for getting them e·xecuted/ implemented as a part of overall warranty obligation of the bid document . Not complying with this requirement _shal l be deemed as non- performance of the contract during the warranty period.

21. SPARE PARTS: Availability of spare parts of the equipment/instrument must be guaranteed for a period of at least seven years fro'm the date of supply .

22. AFTER SALES SERVICES: It should be clearly mentioned in · the quotation whether the .afte r sales services during and after .the completion of warranty shall be provided directly by the supplier or their authorized agent/representative . terms of the after sales s~rvices , if any , may be mentioned in the offer . However , in both the cases the original supplie r shall be responsible for poor performance/services .

23. INSPECTION: a) The inspection of the syst~m will be done by otir technical exper~ /Scientist in the presence of firm ' s representative . b) In case of receipt of the material ,- irr sho.rt supply or damaged conditi_o .1 the supplier will have to a~range the supplies/ replacement of goods free of cost pending the settlement of the insurance case wherever applicable on FOR at the'CRRI. or CIF basis tiil satisfactory installation ·of the system . c) The · supplier should arrange for physical Inspection of the items directly or through their authorized representative within seven days of arrival of the consignment failing which they will be responsible for 'the losses. After the shipment is effected , the ~upplier/ i t .s. representative/Indian agents must remain in touch with the lab / i~stt . io ascertain the date of arrival of consignment.

24. AUTHORIZATION OF INDIAN AGENTS & INDIAN REPRESENTATIVE: a) In case o f foreign supplier , the principal must provide ·a certificated copy of the agency agreem~nt between the Principal and the agent.

b) Foreign. bidders to disclose the name and address of Indian Agent and representative in India and Indian bidders to. disclose their for~ign principal as associates .

C) . The. details of all supplies involving the foreign exchange shall be furnished to the Enforcement Directorate, . New Delhi as per rule. It ·may '.:le noted that only the quoting parties & their principals sha~l be responsible for violation of Foreign Exchange Management .Act (FEMA) for not declaring t~e actual . bilateral mutual interes~s, if any : d) Indian agency corruni ssion shall be paid only to the Indian Agents in Indian Rupee .out of the quoted FOB/Ex-works prices , after receipt of goods in good. workipg condition & satisfactory. installation/demonstration/corrunissioning of t he items at the exchange rate prevailing ori the date oi ne~otiation of LC .

25. USERS LIST : . a.The li.st of users specifically for the same model/make of the quoted item (not the list of general users) along with the complete name, address . lie

contact numbers of the user organizat·ions / persons may be submitted with the quotati o n along with the performance certificates from all/some of them .

' . . .If you have supplied identical or similar equipment to other CSIR Labs./lnstts., the details of

. such supplies for the preceding three years shall be given together w.ith the prices finally paid.

26. PENALTY CLAUSE FOR LATE DELIVERY & LATE ~NSTALLATION: a) Subject to operation of Force Majeure, time for delivery and acceptance is the essence of this . contract. The supplier shall arrange to ship' the ordered materials .within the delivery period mentioned in the order unless extended with/without penalty. b) In case of dela~ in supply and/oi late inataliation of the

· equipment/instrument on part of the supplier , a penalty @ 0 . 5 % per week of Order / contrac t· value will be charged f or delayed per~od sub j e c t t o a maximum of 10 % of order / contract . value and t he sa·me rate o f pena l t y will .be impo sed. for the delay in installation also.

c) If the delay in the shipment of the ordered . materials attributable to the supplier exceeds agreed time period from the date of original agreed upon date of sh~pment and extended with/without penalty , the CRRI , Ne~ Delhi shall have the right to cancel the contract/purchase' order and recover · the liquidated damages from o ther dues of the party o r by legal means . It will also affect the other/future business dealings with such suppliers .

27. Term.ination For Default : The Pur.chaser may without prejudice to any other remedy f o r breac h o f c ontract, by written notice of default sent to the Supplier , terminate the Cont ract in whole or part . (i) if the Supplier fails to deliver any or all the Goods within the period

(s) specifie·d in the order or within any extension thereof granted by the Purchaser OR ~ ·

(ii) If the Supplier fails to perform an¥ tither obl igation(s) under the Contract .

(iii) If the Suppli e r , in the judgment of the Purchase~ has engaged in corrupt or fraudulent practise in competing for or in executing the Contract .

(a) "Corrupt practice" means the offering , giving, receiving or soliciting of any thing of value to influence the action of a public in . the procurement process or in contract execution.

(b) "Fraudulent practice" means a misrepresentation of acts in order to influence a procurement process or the execution of a contract to the detriment of the Borrower, and include collusive practice among Bidders (prior to or after bid submission) designed to . establish . bid. prices at artificial non-competitive levels and to deprive the Borrower of the benefit~ of free and open c·ompetition.

(iv) In the event the Purchaser. ·terminat e!? the Contract in w.hole or in part, the Purchaser may procure , upon such teims and in such manner , as it de ems appropriate , Goods or Servic~s similar to those undel ivered , and the Supplier shall be liable to the Pu r chaser for any excess costs fo~

such similar Goods or Services. Ho wever, the Supplier shall continU<~ the performanc e of the Contrac t to the extent not t ermina ted.

28. Manuals and Drawings Before the goods and equipment are taken over by the Purchaser 1 the. Suppler. shall s upply operation and maintenance manuals . These shall be in such details as will e nable the Pur.chaser t'o operate , maintain adjust and repair all parts of the works as stated in the specifications .

29. Packing Packing Instructions : Each package will be marked on three sides with propE!r pain/indelible ink , the following : (i ) Item Nomenclatu~e · (ii ) Order /Contract No . (iii) Country of Origin of Goods (i v ) Supplier ' s Name and

(v) Cons i gnee deta il s (vi) Packing list reference number

. 30. TRAINING : Wherever needed , . Our Scientist/Technical persons should be trained by_the supplier at CRRI , Ne~ Delhi free of cost . In case the person is to be trained at supplier ' s site abroad or in India it should be mentioned in the quotation clearly . The supplier should bear all the expenses for such training includ~ng ' to & fro ' fares and lodging & boarding ~harges.

31. NON-SUBMISSION OF TENDER : In case you are unable t~· submit your quotation against our tender enquiry we would apprec;:iate and expect · a note of regret from your side giving in brief , reasons for not quoting .

32 . . DELETION OF NAME : Names of bidders , backing - out/defaulting after opening of tenders will be recommended for deletion from . the list of suppliers in addition to forfeiture of EMD submittea by them, if any .

33. ACCEPTANCE OR REJECTION OF OFFER : The. Director , CRRI , New Delhi reserves· the right to accept or reject any quotation /fender i~ part or full without assigning any reason thereof . The successful. bidder should submit Order acceptance .within 15 days from the date of issue .

34. PAGE NUMBERING & SIGNATURES: Your offer should be a page numbered and signed by an authorized signator y giving his/her · name and des i gnation below the s i gnatur ei .

35. FORCE MAJEURE: The Suppli·er shall not · be liable for forfeiture of its performance bank guarantee , l i quidated damages or termination for default , if and to the extent that , it ' s delay in performarice o r other · failure to perform its obligations under the Contract is the result o f an event of Force Majeure. For purposes of this Clause, "Force Majeure" means an event beyond the control of the Supplier and not involving the Supplier ' s fault o r negligence and not foreseeable . Such events may include , but ~re not llmited to , acts of the Purchaser either in its. sovereign or contractual· capacity , wars or revolutions , fires , floods , epidemics , quarantine restrictions aQd freight embargoe s . If a Force Majeure situation arises , the Supplier shall pr~mptly notify the Purchaser in writing of such conditions and the cause thereof . Unless otherwise directed by the Purchaser · in writing , the Supplier. shall continue to perform its obligations under the contract as far as ·is reasonably practical , and shall seek all reasonabie alternative means for performance not prevented by the Force Majeure event .

36. DISPUTE SETTLEMENT: The Purchaser and the Supplier shall make every effort to resolve amicably by d i rect informal .negoti~tion any .~isagreement or dispute ar i sing between them under or in connection with the ·Contract·. If , after twenty- one (21) days , the parties have failed t-o resolve their disputE­or difference by such mutual ·consultation , then either the Pur_chaser or the· Suppl i er may give notice to th"e other pCl.rty . of its intention to commence arbitrat i on , as here i na f ter. provided , as to the matter in dispute , and no arbi trC!tion in respect of t hi s ma~ter may be commenced un l ess such notice i:3 given . Any dispute or difference in respect of which a notice o f intention to commence arbitration has been given · in accordance with this Clause shall b:= finally settled by arbitration. Arbitration ma y be commenced prior to or after delivery of the Goods under the Contract . The dispute settlement mechanism/arbitration proceedings shall be concluded as under: · ·

(a) In case of Dispute or domestic supplier relating

dif·ference . arising between the Purchaser and a to any matter arising Qut of or connected with

' .,

this agreement , such disputes or difference shall be settled in accor<;iance wit h the Indian Arbitration & Conciliation Act, 1996, the rules there under and any statutory modifications or re -ena~tments thereof shall apply to the arbitration proceedings . The dispute shall be referred to the Director General , Council of Scientific & Industrial Research and· if he is unable to unwilling to act , to the sole arbitratio,n of some other person appointed by his· willing to act as such · Arbitrator . The · award of the arbitrator so appointed shall be final·, conclusive and bi~ding on all parties to this order . .

(b) In the case of a dispute between the Purchase · and a .Foreign suppler , the dispute shall be settled by arbitration in acc~rdance with provision of .sub­clause (a) above . But if this is not acceptable to· the supplier · then the dispute shall be settled i n accordance with 'provisions .of UNCITRAL (United Nations Commi ssion on I nternat i onal Trade Law) Arb'i tration Ruies . The venue of the arb i tration sha l l be t he p l ace from where the purchase order or contract is issued. Notwithstanding any reference to arbitration here i n ,

(c) The pa r t i es shall cont i n u e to perform their respective obligations under the contract unless they otherwise agree ; And The purchase shal l pay the Supplier any mon i es due . the Supplier.

(Controller of Stores & Purchase)

Encl:

1. Detailed Specifications as per Annexure 2 3. Qualification Requirements Sheet as. per Annexure 3 4. Terms and ~onditions of Tender Enquiry as Annexure. 4 5. Compliance Chart Format. enclosed as Annexure 'A' 6. Compliance Statement of Specifications enclosed as Annexure 'B ' 7. Bid Security Form enclosed as Annexure 'C' 8. Price Schedule for Goods Being Offered from Abroad · as Annexure 'D . 9. Price SDhedule for Goods being offered from InQia as Annexur~ 'E' 10. Manufacturer's Authorization form as Anne~ure 'F' 11. Previous Supply Orders Format as Annexure 'G' '

12. Bidder Information Form as Annexure 'H' 13 . Performance Security Form Modei Bank Guarantee for Performa~ce Security

as Annexure ' I' 14. GCC and SCC Terms and Condition~ as per Annexure 'J'

SNo

1

l.

·''

2 .

3 .

4 .

5.

l '

ANNEXURE- 'A'

FORMAT/QUESTIONNAIR FOR COMPLIANCE OF TERMS AND CONDITIONS

Tender No.:---'--------- Due Date --------~---------

NOTE: I. Quotation will not be considered without submission of this format. ·. 2. if a particular question is not at all applicable please write NA in compliance part in Col. No . .4 below. 3. Kindly see the relevant terms & conditions of the tender document as mentioned in Col. No. 3 in each question before replying to the questions mentioned in 'Col. 2 below).

Terms & condition of Tender document

2 a . ) Whether quotation is direct from Princ ipa l supplier/manufacturer or the ir own office in b) Whether quotat i on i s be ing submitted by Indian gent/author ized distributor/ dealer c) Whether the agent is registe r ed with NSIC a) Whether the Techno~ commercial and price bids (for two bid tender system only) have been kept in separate envelopes duly marked with "Techno-commercial Bid" and "Price Bids " respectively . b) Whether the tender No. , Due date &

Opening dates have bee!). written outs ide all the envelopes.

·Whether techno-commercial Bid contains EMD , technical literature/leaflet s , . detai led · specifications & commercia l terms &

conditions etc . as applicable. a) Whe ther the required EMD i s be ing submitted with the quotation b) Please specify the form of EMD whether in the form of DD/bank guarantee or TDR/FDR (Pl ease mention No. , date & amoun t of EMD documents.) or Bi d Security Format at Annexure - ' C' c) Pre - rec-e ipted bill for refund of EMD is . enc l osed (for bank drafts on l y) a) If the prices a.re on Ex - Works bas i s or FOB (names port of shipment ) or FCA (riamed place of delivery abroad)

Whether specific amounts or percentage of expenses like packing,

Relev~nt

Clause No. of the tender t~rms

& conditions of ~he tende r ·

3 Clause 2(a)

~

Clause 2(a) .

Clause 4(a)

Clause 2(1)

'

Clause 2 (n)

Clause 2(n)(A) (iii)

Clause 4

Clause 4

· Clause 4

Clause 5 (A) & (B)

Claus e 5(8), (C) & (D)

Whether acceptable (say 'Yes' or 'No' (prefera bly use oifferent colour ink for 'No')

4

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Deviation from tender terms, if any, wjth reasons for noncomp liance or alternative condition quoted for.

5

.

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.hrwarding , handling , freight , insurance , doc'umentation etc . have

been mentioned in quotation separately in clear terms .

6 . a.) Whether prevailing rates of excise duty & other govt . l evies (for indigenous supplies) have been given in quotation

7 . Have you mentioned the validity period o.f the quotation as per our requirements

8 . a) Whether the Price r ·easonabili ty Certificate is submitted with quotation b) Whether copies of last two supply orders of the same item from other customers have been attached with the quotation c) If there is any difference in prices of l ast two orders & those quoted to us . If yes , please give reasons for the same d) Whether supplied in CSIR Labs.

9 . Whether rates/amount of AMC and CAMC after the warranty period is over has been mentioned

1 0 . Have you gone through the specification Clause & complied with the same

11. Whether the Make/Brand , Model number and name of manufacturer has been mentioned in the quotation and Printed .technical literature/ leaflets of quoted items have been submitted

12. Whether compliance statement of specifications has been attached wi th the quotation . a) Whether the delivery period f or supply of the items has been mentioned b) Whether mode of delive ry &

13 .. tentative size & weight of the consignment has als·o been indicated

14 . Do you agree to the . submission of Performance Bank Guarantee/Standby L/ C and have you mentioned · in your quotation al;>out this. a) Do you agree with the payment

15. terms for indigenous supplies? b) Do you agree with the payment: terms for imports supplies?

16 . Do you agree about t.he date o f commencement o f warranty p~riod & its extension is necessary . a) Who will ins ta 11/ commi's s ion and

demonstrate the equipment at CRRI, 17. FREE OF COST

b) W.ill you be able to do it within 02 Months' month

18 . Have you mentioned t h e · guarantee/war r a nt ee period in your

Clause 5 (A) , , (C) & (D)

Clause 6

Clause 9 (b)

Clause 9 (c)

Ciause 9 (c)

Clause 9 (d) Clause 10

Clause 11\ (A) & (B) and 27

Clause 12 (a) & annexure- 'B'

Clause 13

Clause 13'

Clause 14

Clause 15A

Clause ~5 B

Clause 16

Clause 18

Clause 18

Clause 19

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ANNEXURE- .1P

FORMAT OF COMPLIANCE STATEMENT OF SPECIFICATIONS . ,· .

s . Name of Specifications Compliance Deviation , Whether the No . spec i ficat i ons/ of quoted Whether "YES" i ·f complia nce I

part I Model/ Item Or any , to be deviation is Accessories of " NO " indicated clearly tender enquiry in mentioned in

unambiguou·s technical s terms leaflet/

li teratur•= 1 2 3 4 . 5 6

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~- - quotation and do you ag ree with guarantee clause?

19 . Spare parts Clause 20 20 . After Sa les service Clause 2·1

a) Do you agree t ha t on re ceipt of Cla use 22 (b) material in damaged condi tion or shor t s uppl y you will replace the same on CIF · bas i s , free. · of cost

21. pend ing the· settlement of t he insurance claiin? b) Do you ag r ee wi t h the clause o f Clause 22 (c) physi<:al i~spec ti on?

22 . For Import Cases only : Clause 23 · a) Whether the Indian agent is registered with NSIC b) Whether the valid NSIC Clause 23 (_b) . Registra ti on certificate has been· ·:. e nc l osed with the offer c) If the party is a subsidian or Clause 23 (c) corpora te branch off i ce o f the foreign . supplier , t he n whether copy of the approval from Reserve Bank ·of India is attached with the offer

23 . Whether li st o f sp_e c i fi e user ' s for Clause 24 -----=--t he same item & mode l as quoted along-with · performance certificates fr om t he users i s submitted with offer ..

--2 4 . Whether you ag ree to the penalty Clause 25 (a to

clause f or late c;lelivery & d) insta llation?

25 . Whether yo u agree with the . Cla us e 26 termination c lause

·-26 . Whether t ·raining t0 our Clause 29 scientist/techn i cal person will be given : free of cost. If yes , have you specified in quotation whether it will be in our lab? Or at supplier's site in

' India or ij.broad. '

a) Whether a ll the pages have been Clause 30 : page numbered? ..

I b) Whether quotation has been signed Clause 3·1 a nd designation .of signatory ·.

& name 27 . mentioned. ·. ...-28 . Do you agree to settle t he issue as Clause 36

per the terms of Clause -34 of tender documents? ·-

29 . Ha ve you gone through the Qualification Qua lificat i on Requirements Sheet and Hequirernent submit t he .document s as requi red . S ~1 ee l

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Signatures of the authorized signatory _ __. _____ _

Name of the signatory---,------------

Designation _______________ ,__ __

Name & Seal of-the quoting party ---'--'-----

Dated: ____ _

' ' ANNEXURE - 'C'

BID SECURITY FORM

Whereas .......... ... .......... .. ...... ... .. ... .. ..... .................. ........... (Hereinafter called "the tenderer " ) has submitted their offer dated ....... . :· .. ,..... . for the supply of .................... ...... .. ...................... . (Hereinafte.r called " t he tender " ) against · the purchaser ' s tender enquiry No.

KNOW ALL MEN by these presents that WE (Name of bd.nk) of

. ... .... .... ... . 0 0. • . • 0 •••••••• 0 0 • • 0 . 0 ••• • . •. 0 •• 0 •• 0 •• 0 0 •• 0 • • (Name of country), having · our registered office at .. .......... .. ......... .... .... ..................... : .......... : .......... .. .

· (Address of bank) (Hereinafter .· called the ."Bank" ) , are bound unto ... ·...... .. .. .... ....... .. .... .......................... .. ..... .. . (Name of purchaser ) (Hereinafter cal led "the purchaser") in the sum of .... ....... ................. for which payment wi.ll · and truly . to be made to the said Purchaser , the Bank binds itself, its successors , and assigns by ·thE:!se presents . Sea led with the Common Se.:i.l o f the said Bank this

day of. .. ...... . 20 .......

THE CONDITIONS OF THESE OBLIGATIONS ARE:

1. If the t e ndere r withdraws or amends , impairs or derogates from the tender in any respect within the

period of . va lidity of this tender .

2. If the tenderer having been notif i ed of the .acceptance of his tender by the Purchaser during the

period of its validity .

3. If the tenderer fails to furnish the P-erfo'rmance Security for the due Performance of the contract .

4.Fails or refuses to accept/execpte the contract .

WE .undertake to pay the Purchaser up to the above amount upon receipt of its first written demand , without the Purchas~r having fo substantiate its demand , provided ·that in its demand the Purchase will not e that the amount cla imed by it is rlue to i t , owing to the occurrence of one or both of the twc conditions , specifying the occurred condition or connitions .

The guarantee shall remain in fbrce up to and including f o r ty five (45) dayH after the period o f the bid validi ty , and any demand in respect ·· thereoi should reach the Bank not later than the above date .

(Signature of. the a·uthorized officer of the Bank)

Name and Designation of the Offic,~r Seal, · Na me & Address of the B·ank and addr'ess o f the · branch

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ANNEXURE - 'D' ,

PRICE SCHEDULE FOR GOODS BEING OFFERED FROM ABROAD

Name of the Bidder ________ ___._ __ Tender No. ____________ _

2 3 4 5 6 7 8 9 Item Country Unit Qty Unit Total Charges for Total Description . of Price price · Insurance & . Price

origin (5x6) transportation (7+8)

to port/ place of destination

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Total Bid price in foreign Currency in words:

Note: (a) Indian agents name & addres s

(b) Installation , commissioning & training charges , if a ny ___________ _

(c) Cost of Spares

Signature of Bidder Name:

Business Address:

(d) The Indian agent's commission shall paid in I ndia,n Rupees on l y based on the Exchange Rate prevailing on the date of negotiation of documents .

(e) The cost of optional it ems shall be indicated s eparatel y .

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D--' I ANNEXURE- 'E' . .

' PRICE SCHEDULE FOR GOODS BEING OFFr;_RED FROM INDIA

Name of the Bidder Tender No.

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2' 3 4 5 6 · 7 "8 9 10 11 '

Item Country· Uni Qt Ex-Works . Total GST Packing Charges of Installati D.escripti of t y Ex- price like & inland on, on Oz::igin Warehouse Ex-Works .

' Ex-

Ex-show Warehouse room off

' Ex-show

the room off shelf the shelf price price (inclusiv (inclusi.;, e of e of all all taxes taxes already already paid) paid) 5x6

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Total Bid price in foreign Curr~ncy

in words.

Note:

excise forwardi duty ng PfiYabl up to e, if station · contra of ct is dispatch awarde I

d if any

transportat Commission i ing and on,

Training insurance

charges, up to Lab./ Instt if any.

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~ignature of Bidder Name:

Business Address:

(a) The cost of optiona l it ems shall be indicated sepaiately:

(b) Cost of spares

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ANNEXURE - 'F' ·

MANUFACTURER',S A!J.THORIZATION FORI\f!

[The Bidder shall require the Manufacturer to fill in this Form in accordance with the instructions indicated. ·· This letter of authorization should be on the letterhead of the Manufacturer and shouid be signed by a · person with the proper authority to sign documents that re binding on the Manufacturer] . . . .

. Da t e : [Insert date (as Day, month and year) ofBid submission},

Tender No . : [Insert number from Invitation. forBids]

To : [Insert complete name and address of Purchaser]

WHEREAS We [ insert completer name of Manufacturer], who are off i cial manufacturers of [ Insert type of goods manufactured] hav ii1g factories at [insert full address of Manufacturer's factories], do h.ereby authorize [{nsert complete name of Bidder] to submit a bid the purpose of which is t o provide the following goods , manuf_act ured by us [insert name and or brief description of the goodst and to subsequently negot i ate and sign t h e contract .

We hereby extend our fu l l guarantee aod warranty in accordance. with Clause 19 . o f the Terms and Conditions of Contract with respect . to the Goods offeted by the above firm·.

Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: ·(inseit complete name(s) of authorized representative(s) o"f the Manufacturer]

Title: [insert title]

Duly authorized to sign this Authorization on behalf of: [insert ~omplete name. of Bidder]

Dated on --------------------------day of [insert date of signing]

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'' ,' ANNEXURE - 'G'

PREVIOUS SUPPLY ORDERS FORMAT

Name of the Firm ....

Order Order Description ·Value Date of Date of Remarks Has the Contac·: placed by No . and of complet,ion actual irtdicat;Lng equipment PersQn {Full and quantity . of order of compl etion reasons for been along address of Date ordered de}-ivery of late installed with Purchaser] equ ipment as per delivery delivery , if sat i sfactorily? Teleph•)ne

contract any (Attach a. no . , Fax ' and certificate no.

justification from the · and e -for price Purchaser/ mail difference of Con signer] . addres 3 ..

their supply order & those quoted to us .

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Signature and Seal of the Manufacturer/ bidder . ... ............... .

Place:

Date:

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ANNEXURE- 'H'

BIDDER INFORMATION FORM

[The Bidder shall fill in this form in accordance . with the instructions i ndicated be l ow . No alteration s · to i ts format shall be permitted and no subst itutions shall be accep ted . This shou ld be done on the letter head of the fi r m]

Date : [ lf)sert date (as day, month and year) of Bid Submission] I

Te nder No . : [Insert number from invitation of bids}

Page 1 of pages

1. Bidder's Legal Name [Insert Biqder's legat'name]

2. In case of JV , legal name of each party: [insertlegalname .ofeach[artyinJV]

3. Bi dders actual or intended Country of Registration country of registration]

[insert actual or intended

4. Bi dder' s year o f r egistrat ion: [insert Bidder's year of registration]

5. Bidder ' s Legal Address in Country of Registration : · [insert bidder's legal address in country of registration]

6. Bidder ' s Authorizat i on Representative Information

Name: [insert Authorization Representative 's name]

Address: [insert Authorization Representative 's address] . .

Telephone/Fax numbe r s : [insert Authorization Representative 's telephone/fax numbers]

Email address : [insert AuthGrization Representative 's email address]

7. At tach are copies of original documents of {cl1eck the boxes) of the attached original

documents] Articles of Incorporation or Registration of firm names .in 1. above . ·

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ANNEXURE I

PERFORMANCE. SECURITY FORM · MODEL BANK GUARANTEE FIR PERFORMANCE SECURITY

To,

WHEREAS .......... . .. . ..... . (Name and address of the supplier) (hereinafter call "the supplier") has undertaken, in pursuance of contract" no . ........ dated .............. to supply (description of goods and services) (herein after · call " the contract") . .

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as security for compliance with its obligation in accordance with the contract.

ANDWHEREAS we have agreed to give the supplier such a bank guarantee. NOW THEREFORE we hereby affim1 that we·m~e guarantors and responsible to you, on behalf

· of the supplier, .up to a total of .................... ; ............... : .. .... ... ......... (amount of the guarantee in words and figures); and we undertake to pay. you, upon your first written demand

. declaring the supplier to be in default under the contract an·d without cavil or argument, any sum or sums with the limits of (Amount of guarantee) as a aforesaid, without your needing to prove or to show gr.ounds or reasons for your demand or the Slll11 specified therein ,

. We hereby waive the necessity of your demanding the said debt form the supplier before presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the contract to be perfm:med there under or of any of the ·contract documents which 1~1ay be made between you and the supplier shall in any way release us from any liability tinder this guarantee and we hereby waive notice of any such change, addition or modification, This guarantee shall be valid until the ... : ..... day of ............. 20 ... · ................. ..

(Signature of the authorized officer of the Bank)

Name and designation of the officer

Seal, name & address of the Bank and address of the Branch~

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2.1. Definitions

2.1.1 The following words and ~xpressions shall have the meanings t\~reby assigned to them: (a) "Contract" means the Contract Agreement entei.ed into between the Purchaser and the

Supplier, together with the Contract Documents referred to therein, includiri.g ali a~achments, appendices, and all documents inc'orporated by reference therein.

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

G)

"Contract Documents" · means the documents _listed in the Contract Agreement, including any amendments thereto.

"Contract Price" means the prke payable . to ·the Supplier as specified in the Contract· Agreement, subject to such additions and · adjustments thereto or deductions there from, as may be made pursuant to the Contract . .

"Day" means calendar day . .

"Completioti" means the fulfillment of the Related ·Services by the Supplier in accordance with the terms and conditions .set-forth in the Contract.

"GCC" means the General Conditions of Contract.

"Goods'~ means all of the commodities, raw material, machinery and equipment, and/ or other materials that the Supplier is required to supply to the Purch~ser under the Contract.

"Related Services" means the serv:lces incidentq.l to the supply of the goods, such as transportation, insurance, installation, training and initial maintenance and other such obligations of the Supplier under the Contract. .

"SCC" means the Special Conditions of Contract.

"Subcontractor" means any natural person, private o'r government entity, or a combination of the above, to whom any part of the Goods to be supplied or executiot~ . of any part of the Related S~rvices is subcontracted by the Supplier.

(k) ·"Supplier" means the natural person, private or government mtity, or a combination of the above, whose bid to perform the Contract has been accepted by the Purchaser and is named as such in the Contract Agreement.

(Q The "Council" means the Council of Scientific & Industrial Research (CSIR), registered under the Societies Registration Act, 1860 of the Govt. of India having its registered office at 2, Rafi Marg, New Delhi-110001, India and the "Purchaser" means any of the constituent Laboratory /Institute of the Council situated· at any designated place in India as specified _in SCC.

(m) "The final destination," where applicable, means the place named in the SCC.

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2.2. Contract Documents 2.2.1Subje.ct to the order of precedence set forth iri the Contract Agreement, all documents forming

the Contract (and all parts thereof) are intended to be correla"tive, complementary, and mutually explanatory. The Contract Agreement shall be read as a whole.

2.3 Fraud and Corruption 2.3.1 The purchaser require!' that bidders, suppliers,, contractors and consultants, if any, observe the

highest standard of ethics during the ·procurement artd execution of such contracts. In pursuit of this policy,

(a) the terms set forth below are defined as follows:

(i) · "Corrupt practice" means the offering, giving, receiving, or soliciting, directly or · indirectly, of anything of value to influ~nce the a.ction of a public official in the procurement process or in contract execution;

. (ii) "Fraudulent practice" 111eans a misrepresentatior\ or omission of f~cts in order to influence a procurement process or the exe~utiQn of a contract;

(iii) "Collusive practice" means a scheme or arrang·ement between two or mon~ bidders, with or without the knowledge of the Borrower, designed to establish bid prices at artific~al, noncompetitive levels; and

(iv) "Coercive practice" means' harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in . the procuremen: pro~ess or affect the execution of a contract;

(b) the purchaser will reject a proposal for award if it determii1es that . the Bidd~~r recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coerdve practices in competing for the Contract in question~

2.4 !oin t Venture, Consortium or Association 2.4.1 If the Supplier is a joint venture, <;onsor tium, or association, all of the parties shall l::e

jointly and severally liable to the Purchaser for the fulfillment of the provisions of tile Contract and shall designate one party to act as a leader with authority to bind the joint venture, consortium, or association. The composition· or the constitution of the joirtt venture, consortium, or assoCiation shall not be altered without the prior consent cif the Purchaser. . · ·

2.5. Scope of Supply 2.5.1 The Goods and Related Services to be supplied shall be· as specified in the Schedule 'Jf

Requirements.

2.6. Suppliers' Responsibilities

2.6.1 I

The Supplier shall supply all the Goods and Related Services included in the Scope of Supply in accordance with Scope of Supply Clause of the GCC, and the Delivery and .Completion Schedule, as per GCC Clause relating to delivery and d0currient..

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2.7 Contract price 2.7.1 Prices charged by the Supplier for 'the Goods supplied and the Related Services

performe.d under the Contract shall not vary from the prices quoted by the Supplier in its bid. .. .

2.8 Copy Right

2.8.1 The copyright in all drawings, documents, and other . materials containing data ·and . information furnished to the Purchaser by the su"pplier herein shall remain vested in the Supplier, or, if they are furnished to the Purchaser directly or through the Supplier by any third party, including suppliers of materials, the. copyright in such materials shall remain . vested in such third party

2.9. Application 2.9.1 These General Conditions shall apply to the extent that they are not superseded by

provisions in other parts of the Contract.

2.10. Standards 2.10.1 The Goods supplied and services rendered ~under this Contract shall conform to the.

standards mentioned in the Technical Specifications and Sche~ule of Requirements, and, when no applicable standard is mentioned, to the authoritative standard appropriate to the Goods' country of origin and such standards shall be the latest issued by the concerned institution. · ·

2.11. Use of Contract Documents and Information 2.11.1 The Supplier shall not, without the Purchaser's prior written consent, disclose the Contract,

or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the Purchaser in connection t~erewith, to any person other than a person employed by the Supplier· in' performance of the Contract. · Disclosure to any such employed person shall be made in confidence and shall extend only so far, as may be necessary for purposes of such performance. · ·

2.11.2 The Supplier shall not1 without the Purchaser's prior written consent, make use of any document or information enur'nerated. above except for purposes of performing the Contract.

2.11.3 Any · document, other than the Centrad itself, enumerated above shall remain the property of the Purchaser and shall be returned (in all cs>pies) to the Purchaser on · completion of the Supplier's . performance under the Contract if so required by the Pmchaser.

2.12. Patent Indemnity 2.12.1 The Supplier shall, subject to the Purchaser's compliance with CCC S1;1b-Clause 12.2,

indemnify and hold harmless the Purcha~er and its employees and officers from and against any and all suits, actions or administrative proceedin,gs, claims, demands, losses, damages, costs, and expenses of any nature, including attorney's. fees and experises, which the Purchaser may suffer as a result of any infringem·~nt or alleged infringement of any

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patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the dat~ of the Conh·act by reason of:

(a) the installation of the Goods, by the Supplie! or the use of the Goods in I~dia; · and

(b) the sale in any country of the products produced by the Goods . . I . .

2.12.2 If any proceedings are brought or any claim is made against the Purchaser, the Purchast~r shall promptly give the Supplier a notice ~hereof, and the Supplie{ may at its own expense and in the Purchaser's name conduct such proc~edings or claim and any negotiations for the settlement of any such proceedings or claim. · .

2.13 Performance Security

2.13.1 Within 21 days of receipt of the notification of award/PO, the Supplier shall furnish performance security in the amount specified in SCC, valid till 60 days after .the wa.rranty period. Alternatively, the PS may. also be submitted at the time of release of final paymer.t in cases where part payment is made against delivery & part on installation. The PS, where applicable, shall be submitted in advance for orders where full payment is to be made on Letter of Credit (LC) or on delivery. In this case, submission of PS at the time of negotiation of documents through Bank would be stipulated as a condition in the LC and the BS should . be kept valid t_ill such time the PSis submitted.

2.13.2 The. proceeds of the performance security s~1all be payable to the Purchaser as coni.pensation for any loss resulting from the . Supplier's failure to complete its obligations unde{ the Contract.

2.13.3 The Performance Security shall be denominated in Indian Rupees for the offers received for . . I

supplies within India and denominated in the currency ~f the contrac~ in the case of offers received for supply from foreign countries. ·

2.13.4 In the case of imports, the PS may be submitted either by the principal or by the Indian agent and, in the case of purchases from indigenous sources, the PS may be submitted by

. either the manufachtrer or their authorized dealer/bii:lder. . .

. 2.13.5 TI1e Performance security shall be in one of the following forms:

(a) A Bank guarantee or stand:-by Letter of Credit issued by a Nationalized/Scheduled bank located in India or a bank located abwad in the form provided .in the bidding documents. Or

(b) A Banker's cheque or Account Payee demand draft in favour of the purchaser. Or,.

(c) A Fixed Deposit Receipt pledged in favour of the Purchaser.

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. 2.13.6

2.13.7

2.13.8

2.14. 2.14.1

The performance security will be discharged by the Purchaser and returned to the Supplier not later 'than 60 days following the date of completion · of the Supplier's performance. obligations, including any warranty obligations, UIU~ss specified otherwise in SCC, without levy of any interest.

lh the €vent of any contract amendment, the supplier shc;tll, within 21 day~ of receipt of such amendment, furnish the amendment to the perfor~ance security, rendering the same ~alid for the duration of the contract, as amended for further period of 60 days thereafter.

The order confirmation should be received within 15 days fronl. the date of notification of· award. However, the Purchaser has the powers to extend the time frame for submission of. order confirmation and submission of Performance Security (PS). Even after extension of time, if the order confirmation /PS are not received, the contract shall be cancelled and limited tenders irrespective of the value would be invited from the responding firms after forfeiting ·the bid security of the defaulting firm, where applicable provided there is no change in specifications. In such cases the defaulting firm would not be considered again for re-tendering in the particular case · ·

Inspections and Tests The Supplier shall at its own expense and at no cost to the Purchas~r carry out all such tests and/ or inspections of the Goods and Related Services as are specified in the SCC or as discussed and agreed to during the co'urse of finalization of contract.

2.14.2 The Purchaser or its representative shall have the right to inspect and/ or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Purchaser. The Technical Specifications and SCC shall specify what inspections and tests the Purchaser tequires and where they are to be conducted. The P~rchaser shall not~fy the Supplier in writing in a timely manner of the identity of any representatives retained for these purposes.

2.14.3 The inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at the point of delivery and/ or ~t the Goods final destination. If conducted on the premises of the Supplierur its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data- shall be furnish€d to the inspectors at no charge to the Purchaser.

2.14.4 Whenever the Supplier is ready to carry cut any such test. and inspection, it ·shaq give a reasonable advance notice, including the place and time, to the Purchaser. The Supplier shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Purchaser or 'its designated representati_ve to attend the test and/ or inspection.

2.14.5 Should any inspected or tested Goods faiHo conform to the specifications, the Purchaser may reject the goods and the Supplier shall either replace the rejected Goods or make alterations necessary to meet specification requirements free of c?st to the Purchaser. ·

2.14.6 The Purchaser's right to inspect, test and, where necessary, reject the Goods after the Goods' · arrival at final destination shall in. no way be limited or waived by reason of the Goods . ... .

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having previously been inspected, h~sted and passed by the Purchaser or its repre;entative prior to the Goods shipment.

2.14.7 The Supplier shall provide the Purchaser · with a report c_Jf' the results of any such test and/ or inspection.

2.14.8 With a view to ensure that claims on insurance companies, if any, · are lodged in time, the . bidders and /or the Indian agent shall be responsible for fvllbw up with their principals for · ascertaining the dispatch details and informing th~ same to -tl1e Purchaser a!1d he shall also liaise with the Purchaser to ascertain the arrival of. the consignment after clearance so that immediately thereafter in his presence the consignment could be opened and the insurance

. claim be lodged, if required, without any loss of titne. Any delay on the part of the bidder/ Indian Agent would be viewed seriously and he shail be directly responsible for any loss sustained by the purchaser on the event of the delay: ·

2.15. Packing 2.15.1 The Supplier shall provide such packing of the Goods as is required to prevent their

damage or deterioration during· transit to their final destination as indicated in the Contract . . The packing shall be sufficient to withstand, without lirnitatiori., rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the Goods' final destination and the absence of heavy handling facilities at all points in transit. · ·

2.15.2 The packing, marking and documentation within and outside the packages shall comply strictly with such special requirements as shall be provided for in the Contract including additional requirements, if any, specified in sec and in any subsequent instructions ordered by the Purchaser. ·

2.16. 2.16.1

2.16.2

2.16.3

2.17. 2.17.1

Delivery and Documents Delivery of the Goods and completion and related ·services shall be made by the Supplier in . accordance with the terms specified by the Purchaser in the conh"?Ct. The details of shipping and/ or other documents to be furnish~d by .th~ supplier are specified in SCC.

The terms FOB, FCA, CIF, CIP etc shall be governed by the rules prescribed in the current · edition of the Incoterms publishec!. by the Interl)ational Chambers of Commerce, Paris.

The mode of transportation shall be as specified in SCC

Insurance Should the purchaser . elect to buy on CIF / CIP basis, the Goods supplied ·under • the · Contract shall· be fully insured in Indian Rupees against any loss or damage incidental to man·ufacture or acquisition, transportation, storage and delivery in the manner specified in sec.

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2.17.2 Where delivery of tho2 goods is requir~d by the purchaser on CIF or CIP basis the supplier <. shall arrange and pay for Cargo Insurance, naming the purchaser as beneficiary and initiate

& pursue claims tdl settlement, on the event of any loss or damage . .

2.17.3

2.17.4

2.18. 2.18.1

2.18.2

Where delivery !s on .FOB or FCA basis, insuran,ce would· be the responsibility of the purchaser.

. With a view to ens\,Ue that claims on insurance cdmpanies, if any, are l.od.ged in tim~, the bidders and I or the Indian agent shall be respori.sibl~ for follow up with their principals for ascertainhg the dispatch details and informing the same to the Purchaser and he shall also liaise with the Purchaser to ascertain the arrival of the consignment after clearance so that immedi;; tely thereafter in his· presence the consignment could be opened and the · insurance clr,tm be lodged, if r.equired, without any loss of time. Any delay on the part of the bidder/ Indian Agent would be viewed seriously and he shall be directly responsible foi any losE :;ustained by the purchaser on the event of the delay.

Transportation Where the Supplier is required under the Contract to deliver the Goods-FOB; h·ansport of the Goods . . up to and including the point of putting the Goods on board the vessel at the specified port of loading, shall be_ arranged 'and paid for by the Supplier, and the cost thereof shall be included in the Contract price. Where the Supplier is required under the Contract t.o deliver the Goods FCA, transport of the Goods and delivery into the custody of the carrier at the place named by the Purchaser or other agreed point shalll.:>e arranged and paid for b:1 the Supplier, and the cost the·reof shall be included in the Contract price.

Where the Supplier is required under the Contract to deliver the Goods (:IF or CIP, transport of the G.1ods to the port of destination or such other named place of destination in the Purchaser's cquntry, as shall be specified in the Contract, shall be arrang~d and paid for by

. the S.upplier, and the cost thereof shall be included_ in the <:;onh·act Price. ·.

2.18.3 In the case of supplies from within India, where the Supplier is required under the Contract to transport the Goods to a specified destination .in India, defined as the Final Destination, . transport to such destination, including insurance and storage, as specified in the Contract, shall be arranged by the Supplier, and the related costs shall be included . in the Contract Price.

2.19. Incidental Services

2.19.1 The supplier may be required to provide any or all of the services, if any, ~pecified in .SCC.

2.20. Spare Parts · · . . 2.20.1 The Supplier shall be required to provide any or all of the following m~terials, notifications,

and information pertaining to spare parts manufactured or distributed by the Supplier:

(a) Such spare parts as the Purchaser may elect to purchase from the Supplier, providing that. this election shall not relieve the Supplier of any w~rranty obligations under the ConlTact;

and

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(b) In the event of termination of production of the spare parts:

2.21. · 2.21.1

(i) Advance notification to the Purchaser of the pending tenninati~n, in sufficie~1t time to permit the Purchaser to procure needed requiremen ts; and

(ti) Following such termination, furnishing fit no cost to th'" Purchaser, the blueprints, drawings and specifications of the spare parts, if requested.

Warranty The Supplier warrants that all the Goods are new, unused, and l ' f the most recent or current models, and that they incorporate all recent _improvem·<' ' tts in design and materials, unless provided otherwise in the Contract.

2.21.2 The Supplier further warrants that .the Goods' shall be free from defects arising from any act or omission of the Supplier or arising from design, materials, and workmanship, under normal use in the conditions prevailing in India.

2.21.3 Unless otherwise specified in the SCC, the. warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case may be, have been delivered !O and accepted at the final destination indicated ir:t the SCC, or for eighteen (18) months after the date of shipment from the port or place of loading .in the country of origin, whichever period concludes earlier.

2.21.3 The Purchaser shall give notice to the Supplier stating the nature of any such defects . together with all available evidence thereof, promptly following the discovery thereof. The Purchaser shall afford all reasonable opportunity for the Supplier to inspect such defects.

2.21.4 Upon receipt of such notice, the Supplier shall, within a reasonable period of time, expeditiously repair or replace the· defective Goods or parts thereof, at no cost to the Purchaser.

2.21.5 If having been notified, the Supplier fails to remedy the de.fect within ta reasonabl~ period of time, the Purchaser may proceed to take within a reasonable period such . remedial action as may be necessary, at the Supplier's risk and expense and without prejudice to any other rights which the .Purchaser may have against the Supplier under the Contract."

2.21.6 Goods requiring warranty replacements must be replaced· on free · of cost basis to the purchaser. . ·

2.22. Terms of Payment 2.22.1 The method and conditions of payment to" be made to th~ Supplier under this · ContraCt

shall be as specified in the sec.

2.22.2. The Supplier's request(s) for payment shall be made to the Purchaser in · writing, accompanied by an invoice describing, as appropriate, the . Goods·. delivered and the Services performed, and by documents, submitted pursuant to Delivery and . document Clause of the GCC and upon fulfillment of other obligations stipulated ii1 the contract.

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2.22.3

2.22.4

2.23. 2.23.1

. . .

Payments shall be made promptly by the Purchasei· but in t1o case later than thirty (30) days after submission of the invoice or claim by the Supplier. · Payment shall be made in currency as indicated in the contract.

Change Orders and Contract Amendments. The. Purchaser may at any time, by written order g~ven to the Supplier pursuant to Clause on Notices of the GCC make changes within the geti.eral scope of the Contract in any one or more of the following:

(a) Drawings, designs, or specifications, where Goods to be. furnished under the C~ntract are to be specifically manufactured for the Purchaser;

(b) The method of shipping or packing;

(c) The place of delivery; and/ or

(d) The Services to be provided l?y the Supplier.

(e) The delivery schedule.

2.23.2 If any su~h change causes an increase .or decrease in the·cost of, or the time required for, the Supplier's performance of any provisions under the Contract, an equitable adjustment shall . be made in the Contract Price or delivery schedule, or both, and the. Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this chmse must . . be asserted within fifteen (15) days from the date of the Supplier's receipt of the Purchaser's change order. ·

2.23.3 No variation or modifiCation in the terms of the contract shall be made except by written . amendment signe.d by the parties.

2.24. Assignment 2.24.1 The Supplier shall not assign, in whole or in part, its obligations to perform under t

he Contract, except with the Purchaser's prior written consent. ·

2.25. Subcontracts 2.25.1 The Supplier shall notify the Purchaser in writing of all subcontracts awarded under this

Contract if ·not already specified in the bid. Such notification, ·in the original bid or later, shall. not relieve the Supplier froin any liability or duties or obligation· under the Contract.

2.26. Extension of time. , 2.26.1 Delivery of the Goods and performance of the Set:vices shall be made by the Supplier in

accordance with the time schedule specified by the Purchaser. · · 2.26.2 If at any time during performance of the Contract, the Supplier or its sub-contractor(s) should

encounter conditions impeding timely delivery of the Goods and . performance of Services, . the Supplier shall promptly notify the Purchaser in writing of the fact of the del~y, its likely

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duration and its cause(s). As soon as · practicable after receipt of the Supplier's notice, the Purchaser shall evaluate the situation and may, at its discretion, extend the Supplier's time. for performance with or wi_thout penalty, in which case the extension shall be ratified by the parties by amendment of the Contract. ·

2.26.3 Except as provided under the Force Majeure clause of ·the GCC, a delay by the Supplier in the . performance of its delivery obligations shall render·the Supplier liable to ·the imposition of penalty pursuant to Penalty Clause of the GCC unle~s an exte~ion of time is agreed upon pursuant to above cla'use without the application of penalty clause.

2.27. Penalty clause · 2.27.1 Subject to GCC Clause on Force Majeure, if the Supplier fails to deliver any or all of the

. Goods or to perform the Services within the period(s) specified in the ~ontract, the Purchaser shall, :without prejudice to its other remedies under the Contract, deduct from the Contract Price, as penalty, a sum equivalent to the percentage specified in SCC of the delivered price of the delayed Goods or unperformed Services or contract value for each week or pi.ut tl~ereof of delay until actua"l delivery or performance, up to a maximuiri deduction of the Petcentage specified in SCC. Once the maximum is reached, the Purchaser may consider termination of the Contract pursuant to GCC Clause C!n Termim\tion for Default. The SCC shall also indicate the basis for ascertaining the value on which the penalty shall be applicable.

2.28. Termination for Default 2.28.1 The Purchaser may, without prejudice to any other remedy for breach of contract, by written

notice of default sent to the Supplier, terminate the Contract in whole or part

(a) If the Supplier fails to deliver any or all of the Goods withii1 the period(s) specified in the contract, or within any extension thereof granted by the Purchaser pursuant to GCC Clause on Extension of Time; or

(b) If the Suppliedails to perform any other obligation(s) under the Conh·act.

(c) If the Supplier, in the judgment of the Purchaser hps engaged in corrupt or fraudulent or collusive or coercive practices as defined in GCC Clause on Fraud or Corruption in competing for or in executing the Contract.

2.28.2 In the event the purcha!Er terminates the contract in whole or in part, he may take recourse to any one or more of the following action:

a) The Performance Security is to be forfeited;

b) The purchaser may procure, upon· such tenns and in such matmer as it deems appropriate, aores similar to those undelivered, and the supplier shall be liable for all available actions against.it in terms of the contract. ·

c) however, the supplier shall continue to perform the contract to the extentndt terminated.

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2.29. 2.29.1

2.29.2

2.29.3

2.29.4

. 2.30. 2.30.1

2.31. 2.31.1

2.31.2

Force Majeure Notwithstanding the provisions of GCC Cla1,1ses relating to extension of time, penalty and

·Termination for Default the Supplier shall not . b~ liable {or forfeiture of its performance security, liquidated damages or termil;iation for default, if and to the extent that, its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. . .

For purposes of this Clause, "Force Majeure" means · an event or situation beyond the · control of the Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of the Supplier. Such ev·ents may include, but not be limited to, acts of the Purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes.

If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of such conditions and the cause thereof within 21 days of its occurrence. Unless otherwise directed by the Purchaser in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, ·and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event If the performance in ·whole or in part or. any obligations under the contract is prevented or delayed by any reason of force majeure for a period exceeding 60 days, e1ther party may at its option· terminate the c~:mtract without any financial repercussions on either side.

Termination for Insolvency The Purchaser may at any time terminate the Contract by giving written notice to the Supplier, if the Supplier becomes bankrupt or otherwise insolver}t. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy, whieh has accrued or will accrue thereafter to the Purchaser.

Termination for Convenience The Purchaser, by written notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time. The notice of termination shall specify that termination is for the Purchaser's COI~wenience; the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective.·

The Goods that are complete and .ready for shipment within 30 days after the Supplier's receipt of notice of termination shall be accepted by the Purchaser at the Conh·act terms and prices. For the remaining Goods, the Purchaser may elect:

(a) To have any portion completed and delivered at the Contract terms and prices; and/ or . .

(b) To cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and for materials and parts previously procW:ed by the Supplier.

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2.32. Settlement of Disputes

2.32.1 The Purchaser and the supplier shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract.

2.32.2 If, after twenty-one (21) days, the parties have failed to resolve their dispute or differenc:e by . such mutual consultation, then either the Purc~aser or the Supplier may give notice to the other party of is intention to commence arbitration, as hereinafter provided, as to the . matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is given. Any dispute or difference in respect of which a notice of intention to commence arbitration· has been given in accordance with this Clause shall be finally settled by arbitration. Arbitration may be commenced prior to or after delivery of the Goods under the Contract. .

2.32.3 The dispute settlement mechanism/ arbitration proceedings shall be concluded as W1der:

(a) Jn.case of Dispute or difference arising between the Purchaser and a domestic supplier relating to any matter arising out of or connected witli. this agreement,· such disputes or difference shall be settled in accordanre with the Indian Arbitration & Conciliation Act, 1996, the rules there under and any statutory modifications or re-enactments thereof shall apply to the arbitration proceedings: The dispute shall be referred to the Director General, . CoW1cil of Scientific & Industrial Research and if he is unable or unwilling to act, to the sole arbitration of some other person appointed by him willing to act ':1-S such Arbitrator. The award of the arbitrator so appointed shall be final, conclusive and binding on all parties to this order.

(b) in the· case of a dispute between the purchaser and a Foreign Supplier, the dispute shall be settled by arbitration In accordance with provision of sub-clause (a) above. But if this is not acceptable to the supplier then the dispute shall be settled in accordance with provisions of UNCITRAL (United Nations Commission on International Trade Law) Arbitration Rules.

2.32.4 The venue of the arbitration shall be the place from where the purchase_ order or contract is issued.

2.32.5 Notwithstanding any reference to arbitration hereijl, (a) the parties shall continue to perform their respective obligations under the ~ontract

. unless they otherwise agree; and

(b) the Purchaser shall pay the Supplier any monies due the Supplier.··

2.33. Governing Language . . , 2.33.1 The contract shall be written in English language which shall govern its interpretation. All

correspondence and other do.cuments pertaining to the Contract, whicJ:. are exchanged by the parties, shall be written in the English language only.

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2.34. 2.34.1

'• .

Applicable Law . The Contract shall be interpreted in accordance with the laws of the Union of India and a(

disputes shall be subject to place 'of jurisdiction as specified in sec. . .

2.35. 2.35.1

Notices . . Any notice given by one party to the other pursuant to this contract/ order shall be sent to the other party in writing or by cable, telex, FAX,_e-mail or and confirm~d in writing to the other party's· addr~SS specified in the sec. I . • · . · · .

2.35.2

2.36. 2.36.1

A notice shall be effective when deliverec;l oron the notice's effective date, which ever il; later.

Taxes and Duties For goods manufactured outside h~dia, the Supplier shall be entirely responsible for all

taxes, _stamp duties, license fees, and other such levies imposed outside India.

2.36.2 For goods Manufactured within India, the Sur.plier shall be entirely responsible for. all taxes, duties, license fees, etc., incurred till its final manufacture/production.

2.36.3

2.37. 2.37.1

If any tax exemptions; reductio115, allowances or privileges may be available to the . · · Supplier in India, the Purchaser shall make its· best efforts to enable the Supplier to benefit from any such tax savings to the maximum allowable extent.

Right to use Defective Goods · If after delivery, acceptance and installation and within the guarantee and warranty

. period, the operation or use of th~ goods proves to be unsatisfactory, the Purchaser shall have the right to continue to operate or use such goods until rectifications of defect!;, errors or omissions by repair or by partial or complete replacement is made without interfering with the Purchaser's operation.

2.38. Protection against Damage

2.38.1 The system shall not be prone to damage during power failures and trip outs. The normal voltage and frequency conditions available at site as under:

a)V9ltage 230 volts- Single phase/ 415 V 3 phase(+ _10%) b) Frequency 50 Hz. ·

2.39. Site preparation and installation The Purchaser is . solely responsible for the . construction of the . . equipment sites in

compliance with the technical and environmental-specifications defined by the Supplier. The Purchaser will designate the installation sites before the scheduled installation date to allow the Supplier to perform a site inspection to verify 1he appropriateness of the sit~~ before the installation of the Equipment, if required. The supplier shall inform tr.e purchaser about the site p~eparation, if any, needed for installation, of the goods ·at t~e purchasers site immediately after n_otification of award/ contract. ',

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B. SPECIAL CONDITIONS OF CONTRACT .

(The Lab./ institute ni.ay write any special conditions in the contract, as per its specific requirement. . However the following Special Conditions of Contract (SCC) shall act' as a general guideline .and shall supplement and/ or amend the General Conditions of Contract (GCC) . Whei1ev.er there is a conflict, the provisions herein shall prevail over those in the GCC)

51. No.

(i) GCC1.1(1) (ii) GCC1.1(m) (iii) GCC 13.1 (iv) "GCC14.1 (v) GCC14.1 (vi) GCC 15.2 (vii) GCC 16.1 (viii)GCC 16.3 (viii) GCC 17.1 (iX) GCC 19.1 (x) GCC 21.3 (xi) GCC 21.5. (xii) GCC 22.1 (xiii) GCC 27.1 (xiv)GCC 27.1 (xv) GCC 34.1 (xvi)GCC 35.1

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Table of Contents

GCC Clause

I '"In

Special conditions of contract (SCC)

The following Special Conditions of Contract (SCC) shall supplement and I or amend the General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the CCC.

ITite P11rchaser shall select insert/he apprupriate wording using the sample~ below or other ilcceptuble wordin)i, and delete the text in italics}

GCC2.1(1)

GCC2.1 (m)

GCC2.13.1

GCC2.14.1

I The.Purcliaser is: {Insert complete /ega/name of the Prtrchaser/

The Final Destination is: [li!Serl nmne(s) and detailt'd infonimlion on the /ocation(s) of lite si/e(s)}

The amount of the Performance Security shall be:. I insert % of lte cortlracl t•alue 1.

The Inspection and Tests prior to shipment of Goods and at final acceptance are as follows :

After the goods are m.anufactured and assembled, inspection and testing of"the goods shall be carried out at the supplier's plant by the supplier, prior to shipment to check whether the goods are in conformity with the technical specifications. · Manufacturer's test certificate with data sheet shall be issued to this effect and submit along with the delivery do~-uments .

!he purchaser reserves the options to be present at the supplier's premises during such inspection and testing.

The acceptance test will be conducted by the Purchaser, their consultant.or other such person nominated by the P,trchaser at its option after the equipment is installed at Purchaser's site in the presence of supplier's representatives. The acceptance will involve trouble free operation. There shall not be any additional charges for carrying out acceptan_ce test. No malfunction, partial or com'plete failure of any part of the equipment is expected to occur. The Supplier shaU maintain necessary log in respect of the result of the test to establish to the entire satisfaction of the Purchaser, the succ-essful

completion of the test spedfied.

In the event of the ordered item failing to pass U1e acceptance test, a period not exceeding two weeks will be given to rectify the defects and clear the acceptance test, failing which, the Purchaser reserve the right to get the equipment replac·~d by the Supplier at no extra cost to the Purchaser.

Successful ·conduct and conclusion of the acceptance test for the installed goods and equipments shall ·also be th~ responsibility and at the cost of the Supplier.

Before the goods and equipments are t~ken over by the Purchaser, the Supplier sl1all supply operation and mairitenante Manuals together with Drawings of the goods and equipments built. These shaJI be in such details. as will enable the Purchase to operate, mainiain, adjust and repair ali parts of the works aS'Stated in the specifications.

The Manuals and Drawings shall be in the ruling langttage (English) and in such form and numbers as stat~a in the Contract.

Unless and otherwise agreed, the goods and equipment shall not be considered to be completed for the purposes of t~king owr until such Manuals and Drawing have been supplied to the Purchaser:

On successful completion of acceptability test, receipt of deliverables, et~. and after the Purchaser is satisfied with tlie working of the equipment, the acL-eptance certificate signed by the Supplier and tht; representative of the Purchas.:?r will be issued. The date on which sttch certificate is signed shall be deemed to be the date of s~tccessfi.,! commissioning of the

-equipment.

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GCC2..15.2.

cc 2.16.1

The marking and documentation within and outside the packages shall.be: . .-

a. Each package should have a p~cking list within it detailing the part No.(s), description, quantity etc.

b. OutSide each package, the contract No., the name and address of the purchaser and the final destination should be indicated on aU sides and t?P· ·

I c. Each package should be marked as 1/x, 2/x, 3/x . ........... x/x, where "x" is the total No. of packages

contained in the consigmnent.

d All the sides and top of each package should carry an appropriateindication/labe~/stickers indica ling the precautions to be taken wl)ile handling/storage. · · ·

Details of Shipping and other Documents lo be furnjshed by the Suppli~r are

For Goods manufactured within India

Within 24 hours of dispatch, U1e supplier shall notify the putchaser the complete details of dispatch and also .mpply following dot;uments by registered post I speed post and copies thereof by FAX. ·

(a)Two copies of Supplier's Invoice indicating, illltr-alin description and specification of the goods, quantity, unit price, total value; (b)Packing list; (c)Certificate of country of origin; (d)lnsurance certificate, if required ljnder the contract; (e)Railway receipt/Consignment note; (£}Manufacturer's. guarantee certificate and in-house inspection certificate;

(g) Inspection certificate issued by purchaser's inspector, if any and

(h) Any other document(s) as a~d when required in terms of the contract.

Note: l.The nomenclature used for the item description in the invoices(s), packing list(s) il'ld the delivery note(s) etc. should be identical to that used in the contract. The dispatch particulars ind uding . the name of the transporter should also be mentioned in the lnvoice(s)

2. l11e above documents should be received by the Purchaser before arrival of. the Goods and, if not received, the S·.1pplier will be responsible for any consequent expenses ! •

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GCC2.16.3

(xvii) For Goods manufactmed abroad

Within 24 hours of dispatch, the supplier shall notify the purchaser the complete details of dispatch and also supply following dOt:uments by Registered Post/co~rier and copies thereof by FAX.

(xviii) Two copies of supplier's Invoice giving full detail~ of the goods including quantity, value, e:c:;

. ( xix) Packing list;

(xx) Certificate of country of origin; .

(xxi) Manufacturer's guarantee ana inspection certificate; e) Inspection certificate issued by the Purchaser's Inspector, if any; f) ln51.trance Certificate, if required under the contract; g) Name of the Vessel/Carrier; . h) Bill of Lading/Airway Bill;

(xxii) Port of Loading; j) Date of Shipment; k) Port ofDischarge & expected date of arrival of goods and I) Any other docurrient(s) as and when required in terms of the contract.

Note: l.The nomenclatme used for the item description in the invoices(s); packing list(s) and the delivery note(s) etc. should be i:lentical to that used in the contract. The dispatch particulars including the name of the transporter should also be mentioned in the lnvoice(s)

2. The above doruments should be received by lhe Purchaser before arrival of the Goods and, if not received, the Supplier will be responsible for any consequent expenses

In case of supplies from within l';ldia, the mode of transportation shall be by Air/Rail/Road .

In case of supplies from abroad, the mode of transportation shall be by Air/ocean.

(Delete tile oNes which are uot applicnb/e}

~~~--~~~----~~~------~~~~~~~--~~~~--~~~--~~--~-----GCC 2.17.1 The Insurance shall be for an amount equal to 110% of the CIF or CIP value of the contract from within "warehouse to

warehouse (final destination)" on "all risk basi~" including strikes, riots and dvil commotion.

GCC2.19.1 The incidental services to be provided are as under:

1.

2.

3.

The cost shall be included in the contract price.

GCC2.21.3 The period of validity of ~1e Warranty shall be: (insert number/ days

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2.22.1

GCC2.27.1

llie method and conditions of fayment to be made to the Supplier under this Contract shall be as follows:

Payment for Goods supplied from abroad:

Payment of foreign currency portion sha ll be made in 1~.,· ___ .;._ _________ -'_l [c11rrency of the Coutrnct Price] in th~ following manner:

(xxiii) On Shipment: ~ ·J. ; percent of the Contract .Price of the Goods shipped shall be p3id through irrevocable letter o'f:redit opened in favor of the Supplier in a bank in its country, u JOn submission of documents specified i.n GCC Clause 2.16. ·

(xxiv) On Acceptance: ~/ /l percent of U1e Contract Price of Goods received sha)l be paid wi ~hin thirty (30) days of receipt of'iife Goods and successn•l installation & tommissioning upon submis.;iqn of claim supported by the acceptance certificate issued by the Purc11aser along with U1e Performm1ce security, if "':Y· '

The UC will be confirmed at the suppliers cost, if requested specifically by the supplier. All bank cha rges nlnoad shall be to the account of U1e beneficiary i.e. supplier and all bank d1arges in India shall be to the accoun t o:' U1e operer i.e. purchaser. If UC is requested to be extended/ reinstated for reasons not attributable to the purchaser, the cl1arges thereof would be to the. suppliers' account. Payment of local currency portion shall be made in lnrlian Rupees within thirty (30) days of presentation of cla im supported by a cert ifica te. from the Purchaser declaring that the Goods have been delivered and that. all other contracted Services have been performed. The LC for 100% , ·aiue of the contract shall be establishe4d after ded ucting tl1e agency C?mmission payable if ahy, to the fndinn aeent !'rom U1e FGOB/FCA value.

Payment for Goods and Services supplied from India:

Payment for Goods and Services supplie<;l from within· India shall be made in lml.ian Hupees, as follows:

y(xxv) On shipment:_. _ U percerit of the Contract Price shall be paid on receipt of the Good! .and f upon submission of the documents speci fied in GCC Clause 16.1

~i) On Acceptance: ll1e remaining __ (_) percent ~f the Contract va lue sh'ali be paid to the Supplierwithfn thirty " (30) days after the date of the acceptance certificate issued by the Purchaser subject to submission of perfonnance sennity, if

any.

. . --The penalty shall be: (115l.'l't IIWIIber]% per week or part of a week towards late deli very and towards delay in insta l!ation and commissioning.

~~~~~~--~------~~~~~--~~~----~~~----------------------·---GCC 2.27.1 The maximum amount of liquidated damages shnll be: {iu~ert TILimberflo

lhe liquidated damages shall be levied on U1e de)ivered price of ~1e delayed Goods or unperformed Services or contract ,:alue.

(Strike out whichever is 11ot nppliCilble)

GCC2.34.1 The place of jurisdiction is ____1::~ . \) ~ \...A .1

GCC2.35.1 For no tices, the Purchaser's address is·

Attention: {insert full 11ame of perso11 n111i designnticlll/

Location: /insert full address/

Telephone: /inc/11dr trleplro11r 1rccmi1t'1', inclurlill,~ country mrd city cant's }

Facsimile number: /insert facs imilr II !Imber, iuc/udir1g cqrmtry a<rd ci,ty cudes]

Electronic mail address: (insert e·mniladdress, ij' npplicablc} .

GCC2.40 The integrity pact has to be/not_to be signed.

(Retain wlricheuer is appli~able)

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