500 LPH RO WATER PURIFIER

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.

Manufacturer Authorization:Wherever Authorised Distributors/service providers are submitting the bid, Authorisation Form /Certificate with OEM/Original Service Provider details such as name, designation, address, e-mail Id and Phone No. required to be furnished along with the bid

Scope of supply (Bid price to include all cost components) : Supply Installation Testing and Commissioning of Goods

Buyer uploaded ATC document Click here to view the file.

Buyer Added text based ATC clauses GENERAL TERMS AND CONDITIONS THE TENDERERS ARE KINDLY REQUESTED TO MAKE NOTE OF THE FOLLOWING AD DITIONAL TERMS AND CONDITIONS BEFORE SUBMITTING BID/OFFER IN GEM POR TAL:

• 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 Stores, Donimala i, Bellary District, Karnataka. For F.O.R destination price subject to statutory vari ations, 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 car ry out the transportation shall ensure to furnish the Emission Certificate along with ot her 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 dist ributed to avoid spillage of materials during transportation or at the handling points.
• c)The successful bidder shall ensure that while transporting the materials, they sha ll comply with all relevant legislative and regulatory requirements prescribed by the concerned authorities to ensure proper environmental management system.
• d)Trucks engaged to transport the material shall have all the valid documents and t he successful bidder shall ensure that material is loaded only to the permissible capa city as per RTO/ Statutory authorities. Overload/ transhipment/ spillage are not permi ssible.
• e)The successful bidder while transporting the material shall comply with rules & re gulations as stipulated by the concerned statutory authorities from time to time.
• f)Any damage/ losses due to non-compliance of the rules and regulations will be t o the account of the successful bidder or his authorized transporter.
• g)Insurance of the labour/machineries involved in the transportation and unloading of the materials are in the scope of the supplier.
• 4.PAYMENT TERMS:
• (1)No advance payment is acceptable
• (2)90% payment along with full taxes and duties is payable against delivery of capi tal equipment.
• (3)Balance 10% payment after receipt, installation, commissioning, acceptance of materials at our stores, submission of invoice, warranty certificate, successful ins tallation, commissioning report from engineer in charge and support by Bank Gu arantee (PBG) as applicable 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 THEIR LETTER HEAD ALONG WITH ACCOUNT DETAILS WITH SEAL & SIGNATURE FRO M AUTHORIZED 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 DIOM GST No: 29AAACN7325A1ZR
• 7.DELIVERY PERIOD: Supply should be made within 90 days from the date of placemen t of order for entire quantity.
• 8.PLACE OF DELIVERY: The ordered items should be delivered at NMDC Limited, Donimalai Stores, Donimalai, Bellary District, Karnataka State.
• 9.OTHER TERMS AND CONDITIONS:-
• (1)Toll-free number (starting with 1800/1860) of OEM service centre is required for the product.
• (2)There shall be a service centre located in Karnataka State by the OEM for the produ ct.
• (3)Valid BIS Licence/ISI Certification for the offered model is required.
• (4)Contact details: Kindly mention Mobile number and email ID for correspondence. (Kindly fill the details as per format enclosed in Annexure-I).
• 10.TECHNICAL DATA SHEET: The tenderer shall provide technical data sheet/clearly indicate quoted/regret items wi th complete technical specifications duly sign and seal for accessing technical suitabili ty.
• 11.AUTHORIZATION CERTIFICATE: Prospective bidders other than OEM are requi red to submit authorization certificate from the manufactures. Without autho rization offer shall be liable for rejection.
• 12.GUARANTEE/WARRANTY: The materials offered shall be guaranteed/warranted for a satisfactory performance for a period of One (01) year from the date of Commissi oning against any manufacturing defects, faulty materials and bad workmanship etc., In case of any defects during this period, the bidder shall promptly carryout remedial measures to correct any defect at site or replace at free of cost on FOR Destination ba sis. Guarantee for the replaced material shall be One (01) year from the date of C ommissioning for replacement item.
• 13.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. PBG shall be submitted by successful bidder of order placement with validity for warran ty period plus three months claim period in favour of NMDC Limited (As per NMDC Fo rmat attached in Annexure-IV), from any Nationalized Indian Bank/Scheduled com mercial bank (except Co-operative and Gramin Bank) including a foreign bank having a branch in India in the form of Bank Guarantee (including e-BG) valid for warranty perio d + 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.
• 14.INSTALLATION AND COMMISSIONING:
• (a)The equipment/items is required to be installation and commissioning at Donimalai project site by your personnel. NMDC will provide intimation of tentative date of inst allation and commissioning with minimum 15 days advance notice and the successf ul Bidder shall depute their personnel to NMDC site accordingly.
• (b)Installation and commissioning at project site charges shall be quoted in your ba sic price (i.e. basic + installation and commissioning) no separate installati on and commissioning at project site charges will be paid extra.
• (c)Supplier’s Engineer shall be deputed for installation and commissioning at project site for adequate period on getting confirmation from purchaser.
• (d)Guest House/ET Hostel accommodation only will be provided subject to availability u pon cost basis i.e. on chargeable basis during installation and commissioning at proj ect site.
• 15.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.
• 16.INSPECTION: Inspection of the equipment will be carried out at our site after receipt of the spares ( even if pre-dispatch inspection is carried out) which will be final & binding. In ca se the spares supplied are rejected either fully or partly on account of defects, bad wo rkmanship or other reasons, the supplier will have to arrange for free replacement of t he same up to destination point. The freight and incidental charges for return of the r ejected materials will have to be borne by the supplier. In case, rejected materials are not collected after receipt of rejection notice, no liability in respect of loss, damage, d eteriora​tion etc shall lie with the corporation.
• 17.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.
• 18.WITHDRAWAL OF TENDER: After submission of tender if it is withdrawn before expiry of validity period, NMDC c an 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 tende rs/contracts with NMDC Limited.
• b)Lodging complaint with NSIC/DGS&D/any other concerned Government departme nts
• 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.
• 19.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.
• 20.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.
• 21.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.
• 22.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.
• 23.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 Concilia tor 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 base d on the claim amount and guidance on the same is provided below. Number of conci liators 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 the provisions of Arbitration and Conciliation Act 1996 and its amendment thereof. Th e 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 of 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 I ndian Rs. 50 lakhs and up to Indian Rs. 50 crores shall be governed by the Rules of Indi an Council of Arbitration (ICA). Arbitration with foreign Supplier or in consortium Purcha se Orders (including foreign Supplier), where the Purchase Order value is more than In dian Rs. 50 crores shall be governed by the Rules of Arbitration of International Chamb er of Commerce (ICC), Paris. The seat, place and venue of the arbitral proceedings shall be Hyderabad, Telangana State, India. XII. Parties further agree that following matters shall not be referred to Conciliation and Arb itration;
• 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%.
• 24.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.
• 25.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 upto two yea rs.
• 26.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 employer, whether in contract, tort or otherwise, for any indirect or consequential loss or damage, loss of use, loss of pr oduction, or loss of profits or interest costs AND
• b)The aggregate liability of the supplier/contractor to the employer, whether under th e contract, in tort or otherwise including the cost of repairing or replacing defective equipment, shall not exceed the 100% (hundred percent) of the contract price plus e scalation if applicable as per contract, provided that this limitation shall not apply to any obligation of the contractor to indemnify the employer with respect to copyright, patent infringement, workmen compensation and statutory liabilities in general that the employer may be required to additionally bear due to default of the supplier/con tractor.
• 27.DEVIATIONS: No deviation in technical specifications offered is permitted. No deviation in ADDITIONAL TERMS & CONDITIONS is permitted. However, for excepti onal reasons if any deviation is felt necessary by the firm, it must be clearly indicated along with reasons. Acceptance of deviations is strictly at the discretion of NMDC.
• 28.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-II), duly sealed and signe d by authorized person in Part B. IN ABSENCE OF SELF-CERTIFICATE REGARDING LOCAL CONTENT DECLARATION THE OFFER WILL BE LIABLE FOR REJECTION.
• 29.BORDER SHARING: The Govt. of India’s OM No: F.No.:6/18/2019-PPD, Dt. 23.07.2020 regarding restrictio ns under Rule 144 (xi) of the GFR 2017 and subsequent amendments/orders, if any sh all be applicable to this tender. Bidders are required to adhere to the same by submitt ed (Format enclosed below in Annexure-III). “THE BIDDERS ARE REQUIRED TO CONFIRM ACCEPTANCE OF ALL TERMS AND CONDITIONS IN THE TENDER DULY SIGN AND SEAL FOR ACCESSING COMMER CIAL SUITABILITY”
• 30.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.
• 31.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.
• 32.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-V).
• 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.
• 33.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., Phone No. 08395-274630, (Email Id: diommaterials@nmdc.co.in)
• (2)Name: Shivnath Hansda, Dy. Manager (Materials), Mo bile No. 8002629722 (Email Id: Shivnath.h@nmdc.co.in)
• (3)Name: Utanka Bhattacharya AGM (Elect.) Services, Mobi le No. 9945372487 9945372487 (Email Id: bhattac haryau@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 .