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OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 25% of the contracted quantity during the currency of the contract at the contracted rates. The delivery period of quantity shall commence from the last date of original delivery order and in cases where option clause is exercised during the extended delivery period the additional time shall commence from the last date of extended delivery period. The additional delivery time shall be (Increased quantity ÷ Original quantity) × Original delivery period (in days), subject to minimum of 30 days. If the original delivery period is less than 30 days, the additional time equals the original delivery period. The Purchaser may extend this calculated delivery duration up to the original delivery period while exercising the option clause. Bidders must comply with these terms.

Nominated Inspection Agency: On behalf of the Buyer organization, any one of the following Inspection Agency would be conducting inspection of stores before acceptance: Pre-dispatch Inspection at Seller Premises (applicable only if pre-dispatch inspection clause has been selected in ATC): N/a Post Receipt Inspection at consignee site before acceptance of stores: CMPDI RI VII INSPECTION COMMITTE

Buyer uploaded ATC document Click here to view the file.

Buyer Added text based ATC clauses Proven-ness criteria. The offered product shall be considered proven provided the tendered item or high er specification have been supplied during the last 5 years from the date of tender opening against orders of CIL and its subsidiaries, other PSUs, Government Depart ments and Private Organizations and their performance has been found satisfactory . In case, the bidder submits copy of supply order(s) which have been placed against any Rate Contract, the bidder should submit copy of the Rate Contract against whic h such order(s) were placed. AND Either, having satisfactory performance report from the user OR In case, the Performance Report(s) of the End-User(s) is not available for the supply orders submitted along with the offer issued by CIL/it’s subsidiaries/Govt. Departme nts/Government organizations/Private organization, the bidder shall submit self-cert ification as per the format given as Annexure-V claiming satisfactory performance a s per the provisions of the supply order against the Purchase Order(s)/ Rate Contrac t(s). Bidders are required to submit a Self-Certificate in the following format, along with the Proof of pa yment/successful Delivery against the Purchase Order(s)/ Rate Contract(s) and Commissioning Cer tificate(s) (in case of Equipment, P&M, etc. where installation & commissioning is required): "The items covered in the Purchase Order(s)/ Rate Contract(s) copies enclosed with our offer hav e been fully executed and have performed satisfactorily as per the provisions of respective Purcha se Order(s)/ Rate Contract(s) for minimum one year from the date of commissioning and all the co mplaints/ claim(s) lodged by the purchaser, if any, have been attended to and no complaints/ clai m(s) are pending." In case, any specific Purchase Order(s) has/have not been fully executed and any complaint/claim is pending, then details of such cases to be categorically mentioned with the reasons thereof so th at decision making is in clear perspective without any hidden facts in the subject matter. The authenticity of the self-certificate as well as other documents submitted/uploaded by the bidd er will solely be their responsibility and appropriate action will be taken by CMPDIL if it is subsequently found to be misleading/false/forged. Sl N

• o.Provenness Cr iteria Scanned copy of documen ts to be uploaded by the b idder in support of inform ation / declaration furnish ed online by the bidder ag ainst Provenness Criteria as Confirmatory Document (Self Certified copy) Both the following docume nts (a) and b(i) or b(ii)
• a.Complete Set of Supply order(s) (Firm) copies fo r the tendered item or it ems of higher specificati on. The age of orders up loaded shall be maximu m 5 (five) years from th i (No new supp ly orders shall be accepted d uring recyclin g of shortfall documents. T herefore, bidd ers must be c areful while u ploading supp ly order copie s online) Note: The s upplies mus t be comple ted at least twelve mon ths prior to last date of tender sub mission. e date of opening of ten der for the purpose of d etermination of provenn ess of the Product offer ed by a bidder. Please note that the ord ers should not be older t han five (05) years from the date of opening of t ender. Uploaded orders older than 5 years from the date of opening of t ender shall be ignored. AND
• b.Any of the following:
• i.Satisfactory performa nce report from the u sers OR ii. The bidder will be req uired to furnish a self- certificate to the follo wing extent: “The items covered in the Purchase Order(s)/ Rate C ontract(s) copies enclosed with our offer have been f ully executed and have pe rformed satisfactorily as p er the provisions of respe ctivePurchase Order(s)/ R ate Contract(s) and all the complaints/ claim (s) lodg ed by the purchaser, if an y, have been attended to and no complaints/ claims
• (s)are pending". (No new supply orders sha ll be accepted during recyc ling of shortfall documents .Therefore, bidders must b e careful while uploading s upply order copies online) ii If the bidder i s a Startup or Micro& Small Enterprise (M SEs) for the te ndered items to be offered by them
• a)Certificate issued by D IPP (Department of Indus trial Policy & Promotion) for being “startup” or ce rtificate issued by Autho rities for being “MSE” AND
• b)Any one of the followi ng documents (Self certif ied):- Valid ISI marking license / DGMS Approval certifica te for the offered item O R Rate contract issued b y CIL/ any other subsidiary for the offere d item OR Proven Ancilla ry certificate issued by M CL for the offered item. Or Filled up ‘Proforma for E quipment and Quality Co ntrol' (as per Annexure-C ) for verification of your t echnical capability by co ncerned technical depart ment. Exemption from Prior experience – prior turnover criteria for Startup, Micro and Small Enterpri ses (MSEs) in Public Procurement: Prior experience and prior turn over criteria is not applicable for Startup & MSEs in respect of eithe r of the following situations and no further documents regarding proven-ness will be required to be submitted by this category of Bidders.
• a)If Bidders have submitted documents to prove the Startup / MSE status for the tendered item wi thout certificate towards quality, assurance and capability from some authority like MSME, NSIC, e tc., the Tender Inviting Authority, if required, may assess the techno-commercial capability of the v enders to manufacture and deliver goods as per the prescribed quality and technical specification before awarding contract to them. For this purpose, a ‘PROFORMA for Equipment and Quality Cont rol’ (as per the format at Annexure-I attached under ‘Buyer uploaded ATC document’) has been en closed in the tender documents and such MSEs/ STARTUPS should submit the details of plant & m achinery, quality control arrangements, etc., in the above PROFORMA along with their bids for veri fication of their technical capability. If required, a techno-commercial team of the organization may visit the manufacturing unit of the vendor without any undue delay for quick finalization of the tenders.
• b.If favorable technical capability reports obtained earlier on such firms for supply of the item in q uestion as per the required specification is available, these may be considered, provided date of s uch reports is not more than one year from the date of opening of bids. In case there is deficiency in technical capacity of the firm, the same shall be communicated to the m by the Tender Inviting Authority for improvement in the quality of their product for future tende rs, clearly indicating that their offer cannot be considered for relaxation against the tender in ques tion and to avoid any future complications. The issues relating to Technical capability may be deci ded by the Head of the Technical Department. If Bidders have submitted documents to prove the startup / MSE status for the tendered item and whose products are ISI marked / DGMS approved / covered under DGS&D Rate Contracts on them / current holding Rate Contracts with CIL or its Subsidiary for supply of the tendered item / supplie d and proven in CIL or its Subsidiary Companies / Proven product of the Ancillary unit of a Subsidia ry Company of CIL, they will be required to submit the applicable related documents, duly self-atte sted, for relaxation: Valid BIS Marking License for the quoted items on them. OR · Rate contract as issued by CIL / any other Subsidiary for the quoted items on them. OR · Valid DGMS Approval certificate for the quoted items on them. OR · Proven Ancillary certificate issued by Subsidiary Companies for the quoted items on them The Document (s) / Certificate (s), by the Bidders for ISI marking and DGMS approval for any relax ation should be valid as on date of tender opening and a copy of such document / certificate valid as on date of supply, duly self- attested, must accompany their bill(s). N.B.:
• a.Definition and Eligibility of Startup shall be in line with OM vide letter no. F-20/2/2014 PPD (pt.) ltd. 25.07.2016 of Under Secretary to GOI, Ministry of Finance, Department of Expenditure, Procur ement Policy Division, New Delhi, with subsequent amendments, if any.
• b.Definition of MSEs shall be as per Public Procurement 2012, with subsequent amendments, if an
• y.Payment to MSME through TReDS: In order to improve the Working Capital of MSME Vendors, Govt has given Guidelines for Payment to MSMEs through TReDS (Trade Receivable Discounting System). CMPDI is already on Board at TR eDs platform of Receivable Exchange of India Ltd. (RXIL) with its Membership Code: CE0000779 The contact details of RXIL Website : www.rxil.in Portal : www.treds.in Contact Person : (1) Ms Upasana Majumder (Mob 8697212759; E-mail upasana.majumder@rxil.in)
• (2)Mr. Mainak Mandal ( Mob 9475622182; E-mail mainak.mandal@rxil.in) The willing MSME Vendors, who are participating in this tender should ensure about their respectiv e on-boarding at RXIL and should mention their Membership Code in their offer. The MSMEs by on boarding at RXIL shall be deemed to have agreed for payment through TReDS platform of RXIL by following prescribed procedures regarding factoring of invoices etc. at the said platform. Bidders to provide an Undertaking as per the format at Annexure -II attached under ‘Buyer upload ed ATC document’ Payment Timelines: Payment for value of the equipment and accessories with 100% taxes and duties and other charg es shall be released within 21 days after successful commissioning, testing and final acceptance o f the equipment (along with the accessories) and upon presentation of certificates from the User D eptt. to the effect that the equipment has been successfully installed and submission of bills comp lete in all respects note :if itc is selected in bid, payment of 80% of the value of equipment along with 100% of Freig ht charges, transit insurance charges, other charges and 100% taxes and duties, but excluding er ection and commissioning charges (i.e., 20% of product cost/Contract Value) including GST may b e released within 21 days after delivery and acceptance of the same by the consignee and receipt and acceptance of performance bank guarantee. Balance 20% payment of 20% of the value of eq uipment along with erection and commissioning charges (i .e., 20% of product cost/Contract Value ) including GST shall be released within 21 days after successful commissioning of the plant & mac hinery/equipment This is in supersession of 10 days time as provided in clause 12 of GeM GTC) Liquidated Damages : LD shall be levied at 0.5% (half percent) of the price (including taxes and duties) of the goods/ services which the contractor has failed to deliver within the period fixed for delivery for each week or part thereof subject to a maximum of 10% of the total contract value. Warranty clause This warranty unless otherwise stated in catalogue/bidding shall remain valid fo r twelve (12) months from the date of Commissioning/Installation or 24 months from the date of re ceipt and acceptance of the equipment, whichever is earlier. However, in case of other Goods, wa rranty shall remain valid for eighteen (18) months from the date of receipt and acceptance of mat erial at consignee’s end or twelve (12) months from the date of its use/fitment/commissioning, wh ichever is earlier. Jurisdiction of Courts : Irrespective of the place of delivery, the place of performance or place o f payment under the contract, the contract shall be deemed to have been made at the place from where the acceptance of tender or supply order has been issued. The courts of the place from whe re the acceptance of ten der has been issued shall alone have jurisdiction to decide any dispute ar ising out of or in respect of the contract. Security Deposit shall be for an amount of five per cent (5%) of the total landed value of the con tract including all taxes, duties and other costs and charges. The Security Deposit shall be deposit ed through RTGS / NEFT / IMPS / other digital modes or in the form of a Bank Guarantee (including e-bank guarantee) as per format enclosed as Annexure issued/ confirmed from any of the RBI Sch eduled Commercial banks in India in purchaser’s country (on a non-judicial stamp paper) within 15 days from date of notification of award or placement of order. The SDBG shall remain valid up to 6 0 Days beyond the scheduled delivery period in case of supply contracts / rate/running contracts a nd in case of contracts for equipment involving installation and commissioning, 60 Days after the supply and commissioning of all the equipment covered in the contract. If the successful tenderer fails to deposit the security deposit within 15 (fifteen) days from date of Notification of Award / placement of Order, another opportunity may be given to them for submiss ion of Security Deposit within next 15 days. If the successful tenderer still fails to deposit the security deposit within the extended period but executes the supplies within the extended securit y deposit submission period i.e. within 30 days from date of Notification of Award / placement of Order, the submission of Security Deposit may be waived, as the purpose of submission of SD is fu lfilled. In cases where the supplier does not submit the Security Deposit (SD) in time, the SD amou nt will be deducted from the first bill or in case of insufficient amount, from subsequent bill(s) of th e supplier till the full SD amount is deducted. In cases where the successful tenderer did not submi t the security deposit even within the extended period for SD submission but has supplied the mat erials either in full or in part after the extended period for SD submission, a penalty equivalent to 0 .5% (half percent) of SD amount for delay of each week or part thereof (period of delay is to be cal culated from the 31st day from the date of Notification of Award / placement of Order to the date of receipt of full SD/deduction of full SD) shall be levied subject to a maximum of 5% of the contra ct value. Performance Security Deposit should be submitted by THE TIME OF COMISSIONING OF EQUIPM ENT FOR AN VALUE OF 10% OF CONTRACT AMOUNT VALID FOR 3 BEYON WARRANTY PERIOD in an y of the form given HERE WITH. The PBG shall be submitted sufficiently in advance (say 3-4 weeks ) to enable its verification from the issuing bank, before submission of the invoice for 80% paymen t of the particular goods/ equipment(s) The same shall be released after submission of 5% PBG for AMC, if same is awarded. In addition to 5% PBG , 5% shall be deducted from running bills and same shall be returned after c ompletion of service. Performance/Security Deposit should be submitted within 21 days of receipt of contract order by t he successful Bidder in any of the form given below: Govt. Securities, FDR or any other form of deposit stipulated by the owner and duly pledged in fav our of owner. OR Demand Draft drawn in favour of “CMPDI Regional Institute, Bhubaneswar on any Scheduled Bank payable at its Branch at Bhubaneswar. OR ONLINE : Bank detail for ONLINE submission is as under:- Name of Bank: State Bank of India, Branch: NALCO CORPORATE OFFICE, Bhubaneswar, IFSC: SBIN0009817 A/c No: 10835304052. In this case proof of submission along with unique transaction number (UTR) shall be submitted. Failure of the successful Bidder to comply with the requirement as above shall constitute sufficient ground for cancellation of the award of work EMD of requisite amount as mentioned in bid document should be submitted by all bidders unless otherwise exempted in any of the form given below: Demand Draft drawn in favour of “CMPDI Regional Institute, Bhubaneswar on any Scheduled Bank payable at its Branch at Bhubaneswar. OR ONLINE : Bank detail for ONLINE submission is as under:- Name of Bank: State Bank of India, Branch: NALCO CORPORATE OFFICE, Bhubaneswar, IFSC: SBIN0009817 A/c No: 10835304052. In this case proof of submission along with unique transaction number (UTR)/Copy of DD shall be s ubmitted.In case of DD same shall reach to the office within 5 working days of bid end date submi ssion. Failure of the successful Bidder to comply with the requirement as above shall constitute sufficient ground for cancellation of the bid. Delays in the Supplier's Performance 1.1 Delivery of the Goods and performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by the Purchaser in the Schedule of Require ments, Supply order and BID document. 1.2 If at any time during performance of the Contract, the Supplier or its Subcontractor(s) shou ld encounter conditions impeding timely delivery of the Goods and performance of Service s, the Supplier shall promptly notify the Purchaser in writing of the fact of the delay, its like ly duration and its cause(s). As soon as practicable after receipt of the Supplier's notice, th e Purchaser shall evaluate the situation and may at its discretion extend the Supplier's tim e for performance, with or without liquidated damages, by way of an by amendment to the Contract/ Purchase Order. 1.3 Except as provided under Force Majeure clause, a delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to the imposition of li quidated damages, unless an extension of time is agreed upon pursuant to relevant clause without the application of liquidated damages. Force Majeure means an event beyond the control of the supplier and not involving the sup plier’s fault or negligence and which is not foreseeable. Such events may include, but are n ot restricted to, acts of the purchaser either in its sovereign or contractual capacity, wars o r revolutions, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explo sions, epidemics, quarantine restrictions, strikes, lockouts, freight embargoes and act of G od. If there is delay in performance or other failures by the supplier to perform its obligation under the contract due to an event of a Force Majeure and the contract is governed by Force Majeure Clause, the supplier shall not be held responsible for such delays/failures. In such a situation, the supplier shall promptly notify the purchaser in writing of such condi tions and the cause thereof, duly certified by the local Chamber of Commerce or Statutory authorities, the beginning and end of the causes of the delay, within twenty one days of oc currence and cessation of such Force Majeure Conditions. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the contract as far as reasonably practical and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. For delays arising out of Force Majeure, the supplier will not claim extension in completion date for a period exceeding the period of delay attributable to the causes of Force Majeure. There may be a Force Majeure situation affecting the purchaser also. In such a situation, th e purchaser is to take up with the supplier on similar lines as above for further necessary a ction. The contract shall be governed by the following Force Majeure Clause: “If at any time, during the continuance of this contract, the performance in whole or in part by eith er party of any obligation under this contract shall be prevented or delayed by reason of any wars or revolutions, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts, freight embargoes or act of God (hereinafter r eferred to “events”) provided, notice of the happening of any such event is given by either party t o the other within 21 days from the date of occurrence thereof, neither party shall by reason of su ch event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non- performance or delay in performance, and deliveries und er the contract shall be resumed as soon as practicable after such event has come to an end or ce ased to exist, PROVIDED FURTHER that if the performance in whole or part or any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 90 days, either party may at its option terminate the contract provided also that if the contract is terminate d under this clause, the purchaser shall be at liberty to take over from the contractor at a price to be fixed by the CIL/Subsidiary Company, which shall be final, all unused, undamaged and acceptable materials, bought out components and stores in course of manufacture in the possessi on of the contractor at the time of such termination or such portion thereof as the purchaser may deem fit excepting such materials, bought out components and stores as the contractor may with the concurrence of the purchaser elect to retain.” List of documents to be submitted by the bidder along with their Offer and will not be allowed to upload the documents mentioned below later on and their bid will be reject ed during Techno commercial evaluation of the bid:
• 1.MSE Certificate, if applicable ALONG WITH Proforma for Equipment and Quality Control (Annexu re - I attached under ‘Buyer uploaded ATC document’). Bidders can also submit Vendor Assessmen t or equivalent document Or BIS certificate.
• 2.OEM Authorization/Distributor Authorization/Self Manufacturer certificate – (The same may not b e required if bidder is OEM verified reseller and Offering product from OEM verified catalogue., CL 28 OF GTC OR AS PER GEM GTC)
• 3.Documents as per Proven-ness criteria. Bidders are advised to upload past contract copies alon g with CRAC/PROOF OF DELIVERY OR PROOF OF PAYEMENT ALONG WITH SELF CERTFICATION. (Ex empted for MSEs subject to meeting technical and quality criteria AND OTHERS, refer proveness cl ause))
• 4.Undertaking for using TReDS Platform of RXIL, if applicable. (Annexure - II attached under ‘Buye r uploaded ATC document’).
• 5.Certification for Local Content – Make in India Compliance (Annexure -III attached under ‘Buyer uploaded ATC document’) or as per catalogue. – Not applicable for tenders below 5.00 lakhs
• 6.Integrity Pact, if applicable.
• 7.Any other document as per bid document .