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Supplier shall ensure that the Invoice is raised in the name of Consignee with GSTIN of Consignee only.

While generating invoice in GeM portal, the seller must upload scanned copy of GST invoice and the screenshot of GST portal confirming payment of GST.

Scope of supply (Bid price to include all cost components) : Only supply of Goods

Buyer uploaded ATC document Click here to view the file.

Buyer Added text based ATC clauses GENERAL TERMS AND CONDITIONS

• A.EMD Conditions
• 1.Earnest Money Deposit (EMD): 1.1. Bidders must deposit EMD of Rs. 58,300/- (Rupees Fifty-eight thousand three hun dred only) (if quoting for all items) through SB Collect/BG as described below. Schedule-wise EMD as detailed in the tender document is also applicable. With out EMD, the tender will be summarily rejected.
• a)Bidders are required to deposit EMD in favour of NMDC Limited, from any Nationalized Indian Bank/Scheduled Commercial Bank (except cooperative and Gramin Bank) includin g a foreign bank having a branch in India in the form of Bank Guarantee (including e-BG) valid for 6 months + 3 months claim expiry period in a prescribed format (Format enclo sed below in Annexure-I). Soft copy of Bank Guarantee needs to be uploaded along w ith tender which will be verified at the time of tender opening. Original BG copy needs to be send by Post/Courier immediately to DGM (Materials), NMDC Ltd., Donimalai - 583118 , Ballari, Karnataka & it needs to be received within 15 days from the date of tender ope ning. NMDC Ltd will not be responsible for any delayed receipt of EMD caused b y postal authorities/courier services and loss in transit.
• b)Bidders shall do bank transfer through SB Collect. Detailed procedure for online transf er through SB collect is as follows:
• 1.Visit www.onlinesbi.sbi and Click on SB Collect from Main Menu
• 2.Select/Click Category –PSU-Public Sector Undertaking and after filtering by Karnat aka State (Select Filter By State – Karnataka) à Click N.M.D.C. LTD., (Search PSU - N.M.D.C. LTD.,)
• 3.Select the Category of Payment Category - EMD
• 4.Fill out all the details
• 5.Select the payment method in the given List (Net banking, Credit Card or UPI mode etc.) and Complete the payment process
• 6.Receipt voucher will be generated which is to be uploaded in the GeM bid without f ail. 1.2. MSE units are required to submit the valid documentary evidence as per provisions of the government policy to claim EMD exemption. Traders/ Dealers are not eligible for a ny MSE benefits. Only Manufacturer of the quoted product will be eligible for MSE benefit . 1.3. Bidder’s EMD will be forfeited if the bidder withdraws or amends its/his tender or im pairs or derogates from the tender in any respect within the period of validity of the tend er. 1.4. Refund of EMD: EMD should be refunded/returned to the unsuccessful Bidders within 30 days after placement of the order/tender is cancelled. For successful Bidders, E MD will be returned after satisfactory execution of order and submission for SD/PBG (wh erever applicable). However, in case of two packet or two stage bidding, EMD of unsucce ssful bidders will be returned within 30 days after declaration of result of first stage i.e. t echno-commercial bids evaluation. 1.5. Bidder shall be responsible for the correctness and completeness of the BG/Online P ayment submitted towards EMD. NMDC is not responsible for any delay or failure of pay ments. In case the EMD submitted is not as per the value specified in the tender, the sa me shall be summarily rejected. 1.6. EMD exemptions as per GeM shall be considered. 1.7. Bidder is required to submit EMD, along with their offer for consideration of their bid , unless & otherwise exemption has been permitted in the ATC & GeM GTC. The tenders r eceived without EMD shall be summarily rejected. ADDITIONAL TERMS AND CONDITIONS THE TENDERER ARE KINDLY REQUESTED TO MAKE NOTE OF THE FOLLOWING ADD ITIONAL TERMS AND CONDITIONS BEFORE SUBMITTING BID/OFFER IN GEM PORTA L:
• 1.PRICE BASIS: Prices should be firm and fixed without any variation factor/adjustment and valid for acceptance for a period of 180 days from the date of opening of tender. The price basis should be on F.O.R. NMDC Limited, Donimalai KIOM Stores, Do nimalai, Bellary District, Karnataka. For F.O.R destination price subject to statutory variations, the existing rates of statutory levies should be mentioned. Price shall be inclusive of price of item, statutory charges, royalties, handling and ste vedoring, loading, freight/ transportation, insurance, permit/ license charges, unloadi ng at our site and all other incidentals. Quotations offering rates other than FOR Destination basis shall be Rejected. The price shall remain firm & fixed with reference to the contracted quality, quantity, delivery terms and contract period. No escalation is allowed on any account except existing statutory taxes after submission of gazette notification issued by concerned government department. The percentage of statutory taxes considered in the offere d price in terms of percentage terms need to be indicated in the offer.
• 2.INSURANCE: The Transit insurance of the materials should be covered by the successful tenderer. The transit insurance charges are already inclusive in the quoted prices.
• 3.TRANSPORT: Transportation by road is the responsibility of the Seller. Any registration/ permits re quired to be made shall be responsibility of supplier at their cost. Payment of GST on transportation cost is the responsibility of the successful bidder. Norms to be adhered while transporting the material:
• a)The successful bidder shall ensure that the transport contractor nominated to carry out the transportation shall ensure to furnish the Emission Certificate alon g with other documents of the vehicles allotted to NMDC Ltd. work as and when called for.
• b)The successful bidder shall ensure that the materials are properly and evenly di stributed to avoid spillage of materials during transportation or at the handling points.
• c)The successful bidder shall ensure that while transporting the materials, they s hall comply with all relevant legislative and regulatory requirements prescribed by the concerned authorities to ensure proper environmental management syst em.
• d)Trucks engaged to transport the material shall have all the valid documents an d the successful bidder shall ensure that material is loaded only to the permissi ble capacity as per RTO/ Statutory authorities. Overload/ transhipment/ spillage are not permissible.
• e)The successful bidder while transporting the material shall comply with rules & regulations as stipulated by the concerned statutory authorities from time to ti me.
• f)Any damage/ losses due to non-compliance of the rules and regulations will b e to the account of the successful bidder or his authorized transporter.
• g)Insurance of the labour/machineries involved in the transportation and unloadi ng of the materials are in the scope of the supplier.
• 4.PAYMENT TERMS:
• (1)No advance payment is acceptable
• (2)100% payment after receipt and acceptance of materials at our stores, submissi on of invoice, warranty certificate and support by Bank Guarantee (PBG) as appli cable through RTGS/NEFT. NOTE:
• (A)GST FILING: INVOICE NEEDS TO BE UPLOADED IN GST PORTAL. INCASE GST FILI NG DETAILS OF THE INVOICE IS NOT REFLECTING IN THE GST PORTAL, NMDC RESER VES THE RIGHT TO WITHHOLD THE PAYMENT. FIRM NEEDS TO SUBMIT PROOF OF GS T FILING/SCREENSHOT TO CLAIM PAYMENT (IF REQUIRED).
• (B)BANK ACCOUNT MODIFICATION: NMDC WILL MAKE THE PAYMENT TO THE BA NK ACCOUNT WHICH IS ALREADY MAPPED IN OUR SYSTEM. INCASE OF ANY MODIFIC ATION TO BE MADE IN THE BANK ACCOUNT, VENDOR NEEDS TO SUBMIT THE FOLLO WING DOCUMENTS.
• (C)“NO OBJECTION CERTIFICATE (NOC)” FROM THE PREVIOUS BANK TO BE SUBM ITTED. NMDC WILL VERIFY THE AUTHENTICTY OF THE NOC SUBMITTED FROM THE PR EVIOUS BANK.
• (D)CANCELLED CHEQUE AND/OR BANK MANDATE (CERTIFIED BY BANK) OF THE NE W BANK ACCOUNT TO BE SUBMITTED.
• (E)VENDOR NEED TO SUBMIT BANK ACCOUNT CHANGE REQUEST TO NMDC IN TH EIR LETTER HEAD ALONG WITH ACCOUNT DETAILS WITH SEAL & SIGNATURE FROM A UTHORIZED OFFICIAL. Further, NMDC has launched vendor invoice management portal to streamline vendo r payments and to know the payment details after placement of order. You need to r egister via link received through e-mail from noreplysap@nmdcerp.onmicrosoft.com. After dispatch of item, please upload digitally signed invoice along with scanned cop y of warranty and other related documents as per PO terms for the pending invoices and future supplies to process for payment to the following link (https://vim.nmdc.co. in/velocious-portal-app/helpndsupport).
• 5.BANK CHARGES: The supplier and buyer should bear their respective Bank charges.
• 6.PAYING OFFICER:
• (a)DGM (Finance), NMDC Limited, Donimalai, Bellary District, Karnataka.
• (b)Invoice needs to be raised on KIOM GST No: 29AAACN7325A1ZR
• 7.DELIVERY PERIOD: Supply should be made within 90 days from the date of placem ent of order for entire quantity.
• 8.PLACE OF DELIVERY: The ordered items should be delivered at NMDC Limited, Doni malai Stores, Donimalai, Bellary District, Karnataka State.
• 9.REVERSE AUCTION: As per provisions of GeM Portal
• 10.OTHER TERMS AND CONDITIONS
• (1)Toll free number (starting with 1800) of OEM service centre is required for the offe red product.
• (2)There shall be service centre located in Karnataka State by OEM for the offered pr oduct.
• (3)Sample Approval before bulk supply: One (01) No. sample is required for all th e items before bulk supply.
• (4)Contact details: Kindly mention Mobile number and email ID for correspondence. (Kindly fill the details as per format enclosed in Annex2ure-II).
• 11.TECHNICAL DATA SHEET: The tenderer may provide technical data sheet/clearly indicate quoted/regret items with complete technical specifications (if any) duly sign and seal for accessing techn ical suitability.
• 12.COMPLIANCE: Bidder to provide compliance of Technical Specifications, Test Certifi cates for Compliance to applicable IS codes and BIS license, as applicable. Bidders ar e required to submit Pointwise compliance to the technical specifications along with all technical catalogues to corroborate the same along with the bid.
• 13.GUARANTEE/WARRANTY: The materials offered shall be guaranteed/warranted fo r a satisfactory performance for a period of Two (02) years from receipt at the s tores against any manufacturing defects, faulty materials and bad workmanship etc ., In case of any defects during this period, the bidder shall promptly carryout remedi al measures to correct any defect at site or replace at free of cost on FOR Destinatio n basis. Guarantee for the replaced material shall be Two (02) years from receipt at the stores for replacement items.
• 14.SECURITY DEPOSIT: Successful bidder(s) should deposit security deposit to NMDC Ltd @ 5 % of the Contr act value within 30 days of PO towards satisfactory execution of the contract from a ny Nationalized Indian Bank/ Scheduled Commercial Bank (except cooperative and Gra min Bank) including a foreign bank having a branch in India in either of the following m odes:
• a)Bank Guarantee (including e-BG) as per NMDC format attached in Annexure-V for delivery period + 3 months claim period. The bank details are as below: State Bank of India Account Details Account Holder M/s. NMDC Limited Account Number 54050380070 IFSC Code SBIN0040184 Name of the Bank State Bank of India, Donimalai Township, Karnataka Canara Bank Account Details Account Holder M/s. NMDC Limited Account Number 1079201000001 IFSC Code CNRB0001079 IFSC Code Canara Bank, Doni malai Township, Karnataka
• b)Online transfer though bank: Detailed procedure for online transfer through SB collect is as follows:
• 1.Visit www.onlinesbi.sbi
• 2.Click on SB Collect from Main Menu
• 3.Under “Select Category”, click on “PSU- Public Sector Undertaking”
• 4.Select KARNATAKA from “Filter by State” dropdown. A list of PSUs will be display ed.
• 5.From the list, click on N.M.D.C LTD and you will be directed to Enter Payment De tails page
• 6.Select the Payment Category as “Security Deposit/CPG” from dropdown.
• 7.Fill the details on the “Enter Payment Details” page and click on next after verif ying the payment details
• 8.Make payment through Net banking, Credit Card or UPI modes.
• 9.Receipt voucher will be generated which is to be uploaded in the bid. The proof of such transfer / transaction like receipt copy etc. needs to be submitted t o NMDC within 30 days of Order placement. In the event of placement of an order, should the supplier fail to submit the S ecurity Deposit within 30 days of PO, a penal interest at 12% per annum of th e SD amount shall be charged beyond 30 days i.e. from the 31st day of effecti ve date of contract. The Security Deposit Bank Guarantee / amount will be returned by MM Department onc e the supply is made and accepted and PBG is submitted. Liquidated Damages claimed by NMDC, if any, against discrepancy in supply or comple tion of job/ work (delay in supply / supply of deficient materials / failure to supply/ failur e to complete job/ work etc.) will be adjusted against Security Deposit wherever the su pplier is responsible for discrepancy in supply and Force Majeure is not involved.
• 15.PERFORMANCE BANK GUARANTEE (PBG): Successful bidder(s) should deposit Performance Bank Guarantee (PBG) to NMDC Ltd @ 10 % of the Contract value within 30 days of PO towards satisfactory performa nce of the contract.
• a)PBG shall be submitted by successful bidder of order placement with validity for w arranty period plus three months claim period in favour of NMDC Limited (As per N MDC Format attached in Annexure-VI), from any Nationalized Indian Bank/Sche duled commercial bank (except Co-operative and Gramin Bank) including a foreign b ank having a branch in India in the form of Bank Guarantee (including e-BG) valid for warranty period + 3 months claim period. The bank details are as below: State Bank of India Account Details Account Holder M/s. NMDC Limited Account Number 54050380070 IFSC Code SBIN0040184 Name of the Bank State Bank of India, Donimalai Township, Karnataka Canara Bank Account Details Account Holder M/s. NMDC Limited Account Number 1079201000001 IFSC Code CNRB0001079 IFSC Code Canara Bank, Doni malai Township, Karnataka In the event of placement of an order, should the supplier fail to submit the PBG within 30 days of dispatch of materials, a penal interest at 12% per annum of the PBG amount shall be charged beyond 30 days i.e., from the 31st day of effective date of dispatch of materials. The PBG will be forfeited and credited to the NMDC’s account in the event of a breach o f contract by the contractor. Bank Guarantees, either received in physical form or electronic form, will be verified for its genuineness/correctness from the respective banks before acceptance of the same. BG shall be returned to the supplier only after the completion of contract period plus 3 months grace period upon confirmation of satisfactory performance of the contract.
• 16.FORCE MAJEURE CLAUSE: A Force Majeure (FM) means extraordinary events or circumstances beyond human con trol, such as an event described as an act of God (like a natural calamity) or events suc h as a war, strike, riots, crimes (but not including negligence or wrong-doing, predictabl e/seasonal rain and any other events specifically excluded in the clause). An FM clause in the contract frees both parties from contractual liability and obligation when prevented by such events from fulfilling their obligations under the contract. An F M clause does not entirely excuse a party's non-performance but only suspends it for t he duration of the FM. The firm must give notice of FM within a reasonable time as the conditions permit (say, not later than 14 days after its occurrence), and it cannot be cla imed ex-post facto. There may be an FM situation affecting the purchase organization only. In such a situati on, the purchase organization is to communicate with the supplier along similar lines as above for further necessary action. If the performance in whole or in part or any obligat ion under this contract is prevented or delayed by any reason of FM for a period excee ding 90 (ninety) days, either party may, at its option, seek to terminate the contract wit hout any financial repercussion on either side. Notwithstanding the punitive provisions contained in the contract for delay or breach of contract, the supplier would not be liable for imposition of any such sanction so long as the delay and/or failure of the supplier in fulfilling its obligations under the contract is t he result of an event covered in the FM clause.
• 17.INSPECTION: Inspection of the equipment will be carried out at our site after receipt of the spares (e ven if pre-dispatch inspection is carried out) which will be final & binding. In case the spares supplied are rejected either fully or partly on account of defects, bad workm anship or other reasons, the supplier will have to arrange for free replacement of the sa me up to destination point. The freight and incidental charges for return of the rejected materials will have to be borne by the supplier. In case, rejected materials are not colle cted after receipt of rejection notice, no liability in respect of loss, damage, deterioratio n etc., shall lie with the corporation.
• 18.VALIDITY: The submitted offer should be initially kept valid for 180 days from the date of tender opening and to be extended for further period if necessary.
• 19.WITHDRAWAL OF TENDER: If the bidder withdraws or modifies their bid during the period of validity or if they are a warded the contract and fail to submit performance security as per the deadline define d in request for bid documents, NMDC can take any one or more of following action(s) without notice:
• a)Suspension of Tenderer for a period of two years for submission of bids for tenders/c ontracts with NMDC Limited.
• b)Lodging complaint with NSIC/GeM/ DIC/ KVIC any other concerned Government depa rtments
• c)Removal of supplier’s name from the company’s approved list of suppliers
• d)Forfeiture of submitted EMD.
• e)Any other action as per GeM Portal guidelines shall also be applicable.
• 20.RISK PURCHASE: If the successful bidder fails to adhere to quality norms, delivery schedule and other terms & conditions contained in the Purchase Order, NMDC Ltd. shall have the libert y to procure the ordered items from any alternate source at the successful bidder’s ri sk and cost and successful bidder is liable to make good the loss incurred by NMDC L td.
• 21.PRICE/PURCHASE PREFERENCE: Any purchase preference to MSE Vendors and Make In India Policy, shall be based on the extant guidelines of Govt. of India and guidelines of NMDC.
• i)Public Procurement Policy (PPP) for Micro and Small Enterprises (MSEs): In line with the Public Procurement Policy (PPP) for Micro & Small Enterprises (MSEs) Order, 2012, issued vide Gazette Notification dated 23.03.2012 and amendments th ereof the bidders who is registered as Micro/ Small Enterprises must submit valid self -certificated copy of Udyam Registration Certificate (URC) issued after registering on the Udyam Registration Portal i.e. https://udyamregistration.gov.in In case of Udyam Registration Certificate (URC) is not provided, they shall not be eli gible to the benefits admissible under the Act. ii) Public Procurement (Preference to Make In India), Order 2017: Procurement against this tender will be governed by the provisions enumerated in G ovt of India order no. P-45021/2/2017-PP(BE-Il) dt. 15.06.2017 duly amended dt. 28.05.2018, 29.05.2019, 04.06.2020 and 16.09.2020. Any subsequent modification/ guidelines issued further from time to time shall also be applicable. The Bidders shall provide self-certificate/ certificate from the Statutory auditor or Cos t Auditor of the Company (in the case of companies) / from a practicing Cost Account or practicing Charted Accountant (in respect of suppliers other than companies), as applicable, indicating whether they are class-I local supplier/ class-II local supplier as per NMDC Format to be submitted along with Techno- Commercial Bids. MSE/ MII PURCHASE PREFERENCE: For Micro Small Enterprises (MSE) & Make In India (MII) purchase preference, bidder shall apply in GEM portal for Purchase Preference and submit relevant latest docume nt as per requirement. In case they did not apply MSE / MII benefit in GeM portal (or) not submitted valid documents after applying MSE/MII preference, they will not be el igible for MSE/MII purchase preference.
• 22.RESERVATION OF RIGHTS TO REJECT / ACCEPT OFFERS: The Corporation reserves the right to reject or accept any offer/bid in part or full withou assigning any reasons, or place order for part or full quantity. The Corporation also rese rves the right to cancel the Purchase Enquiry without any discussions / correspondence with the tenderer.
• 23.TERMINATION/ SHORT-CLOSURE OF PURCHASE ORDER: The Corporation also reserves the right to terminate/ short-close the Purchase Order at any time on giving 30 (Thirty) days written notice to the SELLER and in the event of such termination the PURCHASER shall not be liable to pay any cost or damage to the SELLER except for payment for the goods, already delivered as per the Purchase Order upto the date of termination.
• 24.SETTLEMENT OF DISPUTES:
• A.APPLICABLE LAW: This Agreement shall be construed and governed in accordance with the Indian subst antive Laws.
• B.AMICABLE SETTLEMENT:
• 1.If any dispute arises between the NMDC and Supplier as specified in Purchase Order, the parties shall seek to resolve any such dispute or difference by mutual con sultation/ amicable settlement process. The Supplier shall notify the NMDC of its inte nt to initiate an amicable settlement process within a period of 30 days from the dat e of notification of NMDC’s/ Engineer’s estimate of Supplier’s claim. For Purchase Orders where Integrity Pact is applicable and in case both the parties a re agreeable, dispute may be tried to settle through mediation before the panel of IE Ms in a time bound manner i.e. not more than five sittings. The prevailing sitting fee of IEM as per Company rules shall be shared equally by the parties and expenses on travel and stay arrangements of IEMs, which shall be equal to that of Independent Board Member of NMDC, shall be shared equally.
• 2.If the parties fail to resolve such a dispute or difference by mutual consultat ion, then the dispute may be settled through Conciliation / Arbitration / other remedi es available under the applicable laws.
• C.CONCILIATION:
• I.If the parties fail to settle the disputes through amicable settlement process, the parti es shall take recourse to the conciliation proceedings for resolving such dispute, ques tion, claim or differences. II. A party (“claimant”) shall notify the other party (“respondent”) in writing about such a dispute it wishes to refer for Conciliation within a period of 30 days from the date of closing of Amicable Settlement process or 90 days from date of notification of NMDC’s / Engineer’s estimate of Supplier’s claim. Such Invitation for Conciliation shall contain sufficient information as to the dispute to enable the other party to be fully informed a s to the nature of the dispute, amount of the monetary claim, if any, and apparent ca use of action. III. The conciliation process shall be initiated by appointment of a Sole Conciliator or Con ciliatory Committee. The Conciliatory Committee shall comprise of either Sole Concili ator or Conciliatory Committee comprising of three members, one member from each category i.e., Technical, Commercial and Legal. Conciliatory Committee shall be form ed from the panel of experts maintained by NMDC. CMD, NMDC shall suggest three n ames to the Supplier to constitute the Conciliatory Committee within 30 days of recei pt of notice for conciliation. The Supplier shall submit the consent for Conciliatory Co mmittee within 14 days of receipt of recommendation from NMDC. IV. The selection of Sole Conciliator or the Conciliatory Committee shall be decided based on the claim amount and guidance on the same is provided below. Number of concilia tors depending on the claim amount is detailed in the table below: Claim Amount (excluding Interest) Number of Conciliator/s Upto Rs. 2 crores Sole Conciliator to be appointed Above Rs. 2 crores up to Rs. 250 Crores Conciliatory Committee to be appointed
• V.The above committee shall conduct the conciliation proceedings in accordance with t he provisions of Arbitration and Conciliation Act 1996 and its amendment thereof. The venue of the conciliation shall be at Hyderabad. VI. In the case of any vacancy the CMD, NMDC shall suggest name(s) for substitution on t he Conciliatory Committee. The Supplier shall submit the consent within 14 days. Fail ure of Supplier’s consent within 14 days shall be considered as deemed acceptance o f the suggested member(s) by the Supplier. VII. Upon constitution of the Conciliatory Committee, Law Department of NMDC will issue the appointment letters to Conciliatory Committee members and inform same to the parties concerned. VIII. The Conciliatory Committee members shall give a declaration of independence and i mpartiality (in the format at Annexure- I) to both the parties before the commenceme nt of the Conciliatory Committee proceedings. IX. Conciliator’s Fee (As per SCOPE Forum for Conciliation `& Arbitration – SFCA): Each Co nciliator’s fee will be fixed with regard to the amount in dispute including determined interest in each case to be shared equally by the parties as under: Up to Rs. 5 Lakhs Rs.30,000/- From Rs.5 Lakhs one to Rs. 25 Lakhs Rs. 30,000/- + Rs.2000/- per lakh o r part thereof subject to a ceiling of Rs. 70,000/- From Rs.25 Lakhs one to Rs. 1 Crore Rs. 70,000/- + Rs.2000/- per lakh o r part thereof subject to a ceiling of Rs. 2,22,000/- From Rs. 1 Crore one to Rs. 5 Crore Rs. 2,20,000/- + Rs.30,000/- per Cr ore or part thereof subject to a ceili ng of Rs. 3,40,000/- From Rs. 5 Crore one to Rs. 10 Crore Rs. 3,40,000/- + Rs.25,000/- per Cr ore or part thereof subject to a ceili ng of Rs. 4,65,000/- From Rs. 10 Crore one to Rs. 50 Crore Rs. 4,65,000/- + Rs.20,000/- per Cr ore or part thereof subject to a ceili ng of Rs. 12,65,000/- Over Rs. 50 Crore Rs. 12,65,000/- + Rs.10,000/- per C rore or part thereof subject to a ceil ing of Rs. 25 lakhs In addition to the above, each Conciliator will be entitled to receive fee for study of th e pleadings, case material, writing of the award etc. With regard to the amount in dis pute in each case to be shared equally by the parties as under: Up to Rs. 5 Lakhs Rs.10,000/- From Rs.5 Lakhs one to Rs. 25 Lakhs Rs. 20,000/- From Rs.25 Lakhs one to Rs. 1 Crone Rs. 30,000/- From Rs. 1 Crore one to Rs. 5 Crore Rs. 40,000/- From Rs. 5 Crore one to Rs. 10 Crore Rs. 50,000/- From Rs. 10 Crore one to Rs. 50 Crore Rs. 60,000/- Over Rs. 50 Crore Rs. 70,000/- Note 1: In the event where the dispute does not involve monetary claim or disputed amount has not been quantified / indicated Conciliator’s fee will be consolidated Rs 1.00 Lakh inclusive of fee for study of the pleadings, case material and writing of the award etc. Note 2: In the event where the dispute does not involve monetary claim or disputed amount has not been quantified / indicated, administrative fee will be Rs. 65,000/- Note 3: In the event, the Conciliation Committee is of a sole Conciliator in place of t hree or more Conciliators, he shall be entitled to receive an additional amount of 2 5% on the fee payable as per the table set out above.
• X.Upon acceptance of the invitation to conciliate, the respondent shall submit its c ounter claim, if any, within a period as specified by the Conciliatory Committee. XI. The parties may consider filing their claims and counterclaims with details as me ntioned below. However more details may be requested during the Conciliation pro cess by either party or by Conciliatory Committee which needs to be complied with promptly:
• a)Chronology of the dispute
• b)Brief of the Purchase Order
• c)Brief history of the dispute
• d)Issues
• e)Details of Claim(s)/Counter Claim(s) supported by documents and other evidenc e deemed appropriate
• f)Basis/Ground of claim(s)/counter claim(s) (along with relevant clause of Purchase Order
• g)At any stage of the conciliation proceedings the conciliator or Conciliatory Comm ittee may request a party to submit to him such additional information as he deems appropriate. XII. Conciliatory Committee will commence its meetings only after completion of the p leadings. XIII. The parties shall be represented by their in-house employees/executives. Ex-offic ers of NMDC who have handled the dispute matter in any capacity are not allowed t o attend and present the case before Conciliatory Committee on behalf of Supplier. However, ex-employees of parties may represent their respective organizations. XIV. Solicitation or any attempt to bring influence of any kind on either Conciliatory XV. Committee Members or NMDC is completely prohibited in conciliation proceeding s and NMDC reserves the absolute right to close the conciliation proceedings at its sole discretion if it apprehends any kind of such attempt made by the Supplier or it s representatives. XVI. Conciliator or Conciliatory Committee as the case may be, shall do detailed analys is of claims based on the pleadings and contentions of the parties, and make a pro posal for settlement to both the parties with possible terms of settlement. Both the parties shall submit their respective consent or objections to the Conciliator or the Conciliatory Committee within the time limit prescribed by the Conciliator or Concili atory Committee. Considering the response of the parties, the Conciliator or Concili atory Committee shall attempt to bring about Conciliation between the Parties. The reafter, the Conciliator or Conciliatory Committee based on the outcome of such an attempt make its final report of Conciliation or failure as accepted by the parties an d submit it to CMD, NMDC. Both parties may give effect to the Conciliation Report a t the earliest. XVII. Parties shall not claim any interest on claims/counterclaims from the date of notic e invoking conciliation till execution of settlement agreement, if so arrived at. In ca se, parties are unable to reach a settlement, no interest shall be claimed by either party for the period from the date of notice invoking conciliation till the date of Con ciliatory Committee recommendations and 30 days thereafter in any further procee ding. XVIII. Either party shall refer any dispute for Arbitration or judicial proceedings if the co nciliation process has failed. XIX. Confidentiality: The Conciliator or Conciliatory Committee and the parties must ke ep confidential of all matters relating to the conciliation proceedings. Confidentialit y extends also to the settlement agreement, except where its disclosure is necessa ry for purposes of its implementation and enforcement
• D.ARBITRATION:
• I.All disputes or differences which may arise between the NMDC and Supplier in conne ction with this Purchase Order (other than those in respect of which the decision of any person is expressed in the Purchase Order to be final and binding) and Excepted Matter s, shall, after written notice by either party (“claimant”) within sixty (60) days of failu re of conciliation to the other (“respondent”) and to the Chairman cum managing Direct or of the NMDC Ltd. (who will be the appointing authority), be referred for adjudication t o the sole or three (3) Arbitrator(s) to be appointed as hereinafter provided. The notice i nvoking arbitration shall specify all the points of disputes with details of the amount clai med to be referred to arbitration at the time of invocation of arbitration and not thereaft er. If the claim is in foreign currency, the claimant shall indicate its value in Indian Rupe e for the purpose of constitution of the arbitral tribunal. II. A person of any nationality may be an arbitrator, unless otherwise agreed by the pa rties. Appointment of sole arbitrator or 3 arbitrators shall depend on the claim value as defined below: Claim Amount (excluding Interest) Number of Arbit rator/s Claim Amount – upto 25% of Purchase Order value (Abo ve claim amount shall be within the limits of Rs. 50 Lakh s and up to Rs. 5 crores) Sole Arbitrator to be appointed Claim Amount – upto 25% of Purchase Order value (Abo ve claim amount shall be within the limits of Rs. 5 crore s and upto Rs. 100 crores) 3 Arbitrators to be appointed Refer clause No. VII below for claim amount exceeds the above referred percentage of 2 5% of Purchase Order value or maximum value of total claim value of Rs.100 crores. III. Appointment of Sole Arbitrator: The Appointing Authority will send within ninety days of receipt of the notice of arbitratio n a panel of three names of persons, not directly connected with the work, to the Supplier who will select any one of the persons named to be appointed as a sole Arbitrator and intim ate its selection within 30 days of receipt of names. If the appointing authority fails to send to the Supplier the panel of three names, as aforesaid, within the period specified, the Supp lier shall send to the appointing authority a panel of three names of persons who shall also be unconnected with the organization by which the work is executed. The appointing autho rity shall on receipt of the names as aforesaid select any one of the persons named and ap point him as the sole Arbitrator. If the appointing authority fails to select the person and ap point him as the sole Arbitrator within 30 days of receipt of the panel and inform the Suppli er accordingly, the Supplier shall be entitled to invoke the provisions of the Indian Arbitratio n and Conciliation Act 1996 as amended from time to time. IV. Appointment of 3 Arbitrators: In case of 3 Arbitrators one arbitrator shall be selected by each party and notified the other party within a period of 30 days from the notice of invoking arbitration. The two individual s elected arbitrators shall then select the 3rd Arbitrator, who shall be the presiding arbitrator, within additional period of 30 days. All the three Arbitrators selected as aforesaid shall be in dependent. If a party fails to appoint an arbitrator within thirty days from the receipt of a re quest to do so from the other party; or the appointed arbitrators fail to agree on the presidi ng arbitrator within thirty days from the date of their appointment, the appointment shall b e made, upon request of a party.
• V.The fees of Arbitrators will be guided by Schedule IV of Arbitration and Conciliation Act, 1996 and any amendment thereof or both the parties can negotiate on the Fees be fore the commencement of Arbitration proceedings. VI. The further progress of any work under the Purchase Order shall unless otherwise d irected by the NMDC / Engineer continue during the arbitration proceedings and no pay ment due or payable by/to the NMDC shall be withheld on account of such proceedings. It shall not be open to arbitrator to consider and decide whether or not such work shall c ontinue during the arbitration proceedings. The arbitral tribunal shall give reasons for its award. Each party shall bear its own cost and the cost of arbitration shall be equally borne by each party. The award rendered in any arbi tration hereunder shall be final and binding upon the parties. The parties agree that neither party shall have any right to commence or maintain any suit or legal proceeding concernin g any dispute under this agreement until the dispute has been determined in accordance wi th the arbitration proceeding provided for herein and then only to enforce or facilitate the e xecution of an award rendered in such arbitration. VII. Notwithstanding anything above, the mechanism for settling the dispute through A rbitration may be considered in cases where the disputed amount or the amount of all cl aims put together does not exceed 25% of the Purchase Order value or maximum of dis puted claim amount shall not exceed Rs.100 crores whichever is lower. In case the disp uted amount exceeds the above referred percentage of 25% of Purchase Order value or maximum value of total claim value of Rs.100 crores, the parties shall be within their ri ghts to take any other recourse / remedies that may be available to them under the app licable laws other than Arbitration also after providing prior intimation to the other party . VIII. Parties agree that neither party shall be entitled for any pre-reference or pendent e-lite interest, i.e. date of cause of action till the date of the Award by the Arbitral Tribu nal. Parties agree that claim for any such interest shall not be considered and shall be v oid. The Arbitral Tribunal shall have no right to award pre-reference or pendente-lite int erest in the matter. IX. The laws applicable to the Purchase Order shall be the laws in force in India. The Co urts of Hyderabad, Telangana State shall have exclusive jurisdiction in all matters arisin g under this Purchase Order. The seat, place and venue of the arbitral proceedings shall be Hyderabad, Telangana State, India.
• X."In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial Purchase Order(s) between Central Public Sector Enterpri ses (CPSEs)/ Port Trusts inter se and also between CPSEs and Government Departments/ Organizations (excluding disputes concerning Railways, Income Tax, Customs & Excise D epartments), such dispute or difference shall be taken up by either party for resolution t hrough AMRCD as mentioned in DPE OM No. 4(1)/2013-DPE(GM)/FTS- 1835 dated 22-05- 2018 or any additional notifications / guidelines thereof by Ministry of Heavy industries a nd Public Enterprises or Ministry of Steel. XI. Arbitration in respect of Purchase Orders, with foreign parties for value of more than In dian Rs. 50 lakhs and up to Indian Rs. 50 crores shall be governed by the Rules of Indian Council of Arbitration (ICA). Arbitration with foreign Supplier or in consortium Purchase O rders (including foreign Supplier), where the Purchase Order value is more than Indian R
• s.50 crores shall be governed by the Rules of Arbitration of International Chamber of Co mmerce (ICC), Paris. The seat, place and venue of the arbitral proceedings shall be Hyde rabad, Telangana State, India. XII. Parties further agree that following matters shall not be referred to Conciliation and Arbitr ation;
• a.Any claim, difference or dispute relating to, connected with or arising out of NMDC’s deci sion to initiate any proceedings for suspension or banning, or decision to suspend or to ban business dealings with the Bidder/Supplier and /or with any other person involved or conne cted or dealing with bid/ Purchase Order/ bidder/ Supplier.
• b.Any claim, difference or dispute relating to, connected with or arising out of NMDC’s deci sion under the provisions of Integrity Pact executed between the NMDC and the Bidder/ Su pplier. XIII. The applicable interest on arbitral award i.e., from the date of award till the date of actua l payment, shall be @ daily average of SBI MCLR + 1%.
• 25.CONFIDENTIALITY: The parties to the agreement i.e., NMDC Ltd., and the successful bidder shall not either duri ng the term or after expiry of the validity of the agreement disclose any proprietary and co nfidential information relating to the Acceptance of Tender/ Agreement and the services wit hout the prior written consent of either party.
• 26.BANNING OF BUSINESS DEALINGS: For evaluation of the Tenders, NMDC would rely on the documents submitted and declarati ons made by the tenderer in connection with the Tender. Therefore, NMDC expects such do cuments and declarations to be true and authentic. In case it is found, at any stage, that th e document(s) submitted and/or the declaration(s) made by the tenderer is/are false, NMDC reserves its right, notwithstanding any other rights/remedies under the terms and co nditions of the tender, to ban business dealings with the tenderer for a period of 06 months to Three years as per the decision of NMDC Limited. The “Guidelines on Banning of Business Dealings” as applicable on the date of tender openi ng shall form a part of the Tender/Contract. These guidelines are available on NMDC Websit es.
• 27.LIMITATION OF LIABILITIES: Except in cases criminal negligence of willful non-performance or willful default,
• a)The supplier/contractor shall not be liable to the NMDC, whether in contract, tort or otherwise, for any indirect or consequential loss or damage, loss of use, loss of produ ction, or loss of profits or interest costs AND
• b)The aggregate liability of the supplier/contractor to the NMDC, whether under the co ntract, in tort or otherwise including the cost of repairing or replacing defective equi pment, shall not exceed the 100% (hundred percent) of the contract price plus escal ation if applicable as per contract, provided that this limitation shall not apply to any obligation of the contractor to indemnify the NMDC with respect to copyright, patent infringement, workmen compensation and statutory liabilities in general that the em ployer may be required to additionally bear due to default of the supplier/contractor.
• c)The aggregate liability of the NMDC to the Supplier, whether under the Purchase Order, in tort or otherwise, at any point of time during the execution, performance of the Purchase Order, shall not exceed the total Purchase O rder Price less payments already released to the Supplier. In any event, the liability of the NMDC to the Supplier shall not exceed 100% of the Purchase Order Price plus escalations.
• d)However, any amount recoverable from the supplier under Risk & Cost shall not be r estricted by the provision for Limitation of Liability.
• 28.DEVIATIONS: No deviation in technical specifications offered is permitted. No deviation in ADDITIONAL TERMS & CONDITIONS is permitted. However, for exceptional reasons if any deviation is felt necessary by the firm, it mu st be clearly indicated along with reasons. Acceptance of deviations is strictly at the discretion of NMDC.
• 29.PREFERENCE TO MAKE IN INDIA: As the tendered quantity is divisible in nature, “Public Procurement Policy (Preference to Make in India) GOI Order no. P-45021/2/2017-B.E.-II Dtd. 15/06/2017 read with revised Or der No. P-45021/2/2017-PP (BE-II) Dtd. 16.09.2020 and subsequent amendments/orders, if any, shall be applicable to this tender. Bidders are requested to fill the format as applic able as per enclosed (Format enclosed below in Annexure-III), duly sealed and sign ed by authorized person in Part B. IN ABSENCE OF SELF-CERTIFICATE REGARDING LOCAL CONTENT DECLARATION THE OFFER WILL BE LIABLE FOR REJECTION.
• 30.BORDER SHARING: The Govt. of India’s OM No: F.No.:6/18/2019-PPD, Dt. 23.07.2020 regarding restriction s under Rule 144 (xi) of the GFR 2017 and subsequent amendments/orders, if any shal l be applicable to this tender. Bidders are required to adhere to the same by submitte d (Format enclosed below in Annexure-IV). “THE BIDDERS ARE REQUIRED TO CONFIRM ACCEPTANCE OF ALL TERMS AND CONDITIONS IN THE TENDER DULY SIGN AND SEAL FOR ACCESSING COMMER CIAL SUITABILITY”
• 31.DOCUMENTS REQUIREMENT: ONLY THE DOCUMENTS/INFORMATION AS SOUGHT IN THE TENDER ARE REQU IRED TO BE UPLOADED BY THE BIDDERS. The bidders are kindly requested NOT T O UPLOAD irrelevant documents that are not requested by tenderer (for e.g., compa ny profile, copy of pan card, Aadhar card, ISO certificate, GST registration certificate, f inancial statements (balance sheet), bank account details/cancelled cheque, multiple P.O copies, uploading of same document multiple times etc.
• 32.PENALTY:
• a)In the event of placement of an order, should the supplier fail to deliver the stores i n full or part thereof within the delivery date including extended time if any, NMDC s hall reserve the right to levy Liquidated Damages on the supplier at 0.5% of the basi c order value (excluding GST) of the undelivered stores for each week or part thereo f of delay but not exceeding 5% of the basic order value (excluding GST) of such ma terials.
• b)The payment of liquidated damages shall not in any way relieve the Supplier from a ny of its obligations to complete the PO or from any other obligations and liabilities o f the Supplier under the Purchase Order.
• c)Liquidated Damages shall be levied against suppliers/contractors in case of delay i n supply of materials beyond the date of delivery specified in Purchase Order. If the delay in completion of supply is attributable to NMDC or force majeure condition onl y, liquidity damages will not be levied.
• d)For the portion of delay attributable to NMDC or Force Majeure, Liquidated damages
• (LD)are not applicable.
• e)For the portion of delay attributable to supplier, Liquidated damages will be applica ble. Increase / fresh imposition of taxes and duties during the extended period will b e to the account of the party. However, NMDC shall allow the same to the extent for which Input Tax Credit (ITC) can be availed by NMDC against these levies. Any decre ase in taxes and duties during the extended period will be availed by NMDC.
• 33.COMPLIANCE TO SA8000: Our Company is certified under SA8000 and as such you are required to confirm your com pany should comply as per the standards in (Format enclosed below in Annexure-VII) .
• 1.CHILD LABOUR: The Company should not use child labour as defined by local law.
• 2.FORCED LABOUR: The Company shall not use any involuntary or forced labour.
• 3.HEALTH AND SAFETY: The Company shall provide safe and healthy work environ ment.
• 4.FREEDOM OF ASSOCIATION: The Company shall recognize and respect the worke rs right of freedom of association and freedom of expression.
• 5.DISCIPLINARY PRACTICES: The Company shall not use corporal punishment or ot her mental or physical disciplinary actions.
• 6.WORKING HOURS: The Company shall adopt working hours, which do not require workers to work more than 48 hours in the normal work week. Worker must be allow ed at least one day off in every normal seven-day work week.
• 7.REMUNERATION: The company shall pay wages and benefits and provide Compen sation for over time consistent with local laws.
• 34.CONSIGNEE DETAILS: The successful tenderer is required to submit Tax invoice along with supply of material as per address mentioned in the Consignee Details with correct GST No. 29AAACN7325A1ZR. Contact details for communication are
• (1)Name: M/s. NMDC Ltd., (Email Id: diommaterials@nmdc.co.in)
• (2)Name: Shivnath Hansda, Dy. Manager (Materials), Mobile No. 8002629722 (Emai l Id: Shivnath.h@nmdc.co.in)
• (3)Name: Utanka Bhattacharya AGM (Elect.) Services, Mobile No. 9945372487 9945 372487 (Email Id: bhattacharyau@nmdc.co.in) Note: All the Bidders are kindly requested to confirm acceptance of all tender terms and conditions on their letter head duly sigh and seal and upload the same along wit h the offer. Deviations, if any, shall be clearly mentioned. SPECIAL NOTE FOR MSE VENDORS:- NMDC & Subsidiaries has been completed registration on all 05 TReDS portals (i.e. with M/s. RXIL, M/s. Invoicemart (A.TReDS Ltd), M1Exchange, C2TReDS & KredX) (.) All MSE vendors need to register themselves on all above 05 TReDS platforms for availing the facility of bill discounting on TReDS portal. Contact Details:-
• 1.M/s. RXIL, Mr. Rasesh S Mehta, M: 99667 10003, rasesh.mehta@xril.in
• 2.M/s. Invoicemart, Smt. Gouri Manwani, M: 87909 62967, gouri.manwani@invoicemart.co
• m.Signature of Bidder with Seal .