Spares for ELGI Make Compressor

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.

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

• 3.Purchase Preference (Centre) Purchase preference to Micro and Small Enterprises (MSEs): Purchase preference will be given to MSEs as defined in Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small and Medium Enterprises and its subsequent Orders/Notifications issued by concerned Ministry. If the bidder wants to avail the Purchase preference, the bidder must be the manufacturer of the offered product in case of bid for supply of goods. Traders are excluded from the purview of Public Procurement Policy for Micro and Small Enterprises. In respect of bid for Services, the bidder must be the Service provider of the offered Service. Relevant documentary evidence in this regard shall be uploaded along with the bid in respect of the offered product or service. If L-1 is not an MSE and MSE Seller (s) has/have quoted price within L-1+ 15% of margin of purchase preference /price band defined in relevant policy, such Seller shall be given opportunity to match L-1 price and contract will be awarded for percentage of 25% of total value.

Buyer Added text based ATC clauses ADDITIONAL TERMS AND CONDITIONS

• 1.For any Techno-Commercial clarification against this tender, please contact following: Name: Shri. Dalip Kumar Designation: Dy. Manager (Matls) Email: dalip.kumar@nmdc.co.in Contact No.: 8685053286 Name: Shri. Susheel Gupta Designation: AGM (Matls) Email: scgupta@nmdc.co.in Contact No.: 93290-82511 Name: Shri. Samya Bhookya Designation: GM (Matls) Email: bsamya@nmdc.co.in Contact No.: 94255-91021
• 2.Quoted price should be firm & fixed for the entire supply/delivery period inclusive of Packing & Forward ing, Freight, Loading, Unloading & Insurance charges and GST as applicable as per GEM Price Format o n FOR Destination basis to be unloaded at Hilltop Stores, Kirandul (C.G.) which is approximately 10KM from Kirandul Main Stores.
• 3.This is a single Tender Enquiry. It has been displayed only for information regarding items being pro cured by NMDC Limited and not for participation of other non-established suppliers of NMDC Limited. T ender of only those firms to whom STE has been addressed will be considered as valid for consideratio
• n.If any other firm(s) submits their offer against this tender the same will be considered unsolicited an d rejected.
• 4.This is a single Tender Enquiry. Other tenders who are capable of supplying these spares for BIOM Kirandul Complex, Dantewada District, Chhattisgarh State, India as per the Technical Specification may submit their credentials to CGM (Materials), NMDC Limited, Masab Tank, Hyderabad, indicating tender reference for considering the firms for future tenders, after empanelment of such firms as per procedur
• e.This will also be applicable to the firms who have supplied the item to NMDC and their performance i s yet to be established in NMDC.
• 5.Price fall clause: The price charged for the stores supplied under the contract shall in no event exceed the lowest price at which the stores of identical description are sold to any other government d epartment undertaking/ ministry during the period of the contract. If the sale price is reduced to lower than that chargeable under the contract, such reduction shall forthwith be notified to the direct deman ding officer (DDO) and stores supplied after the date of coming into force, such reduction or sale, shall be correspondingly reduced. The firm shall also certify and submit the below in your letter head duly seal and signed: “We certify that the stores of description identical to the stores supplied under the contract herein hav e not been sold by us to any other Government department undertaking/ministry during the period un der contract at a price lower than the price charged to NMDC under this contract”.
• 6.WARRANTY: OEM Standard warranty shall be applicable.
• 7.Authorized Dealership Certificate: The bidders other than manufacturer/OEM/OPM have to subm it valid Authorized Dealership Certificate along with their offer. Without authorization certificate fir m shall be liable for rejection.
• 8.INSPECTION: - Final inspection of the materials shall be carried out at our Project site after receip t of the materials (even if pre-dispatch inspection is carried out) which will be final & binding. In cas e the stores supplied are rejected either fully or partly on account of defects, bad workmanship or o ther reasons, the supplier will have to arrange for free replacement of the same up to destination p oint. 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 collected within 30 days after receipt of rejection no tice, no liability in respect of loss, damage, deterioration etc shall lie with the corporation. Ground r ent will be charged. After reasonable period the material will be disposed off without making any ba ck reference.
• 9.Fitment Guarantee: Supplied material should be one to one replacement of original one and shoul d fit in our equipment without any modification at site. Supplier has to furnish the fitment guarante e for each item. Fitment guarantee will be applicable even after expiry of warranty period. In case a ny problem in fitment, bidder shall depute their personnel to supervise the fitment at Free of cost b asis.
• 10.Delivery Period:- The indented items are required urgently at our Project. You are requested to q uote the shortest delivery period in your offer. In case delivery period is not mentioned by the bidde r, the delivery period mentioned in GEM Bid will be applicable.​
• 11.BIDDERS FROM COUNTRIES SHARING LAND BORDER WITH INDIA: “The Govt. of India Order O.M No: F. No: 6/18/2019-PPD dated 23-07-2020 w.r.t the bidders from countries sharing land bord er with India and any other orders/ circulars related if any shall be applicable”. Bidders are required to adhere to the same. Please furnish the details as per Annexure- 1. ANNEXURE-1 CERTIFICATE OF CONFORMANCE TO BORDER SHARING CLAUSE We have read the clause regarding Provisions for Procurement from a Bidder which shares a land b order with India, we certify that, bidder M/s (Name of Bidder) is: i). Not from such a country [ ] ii). If from such a country, has been registered with the [ ] Competent Authority. (Evidence of valid registration by the Competent Authority shall be attached) (Bidder is to tick appropriate option (√ or X) above). We hereby certify that bidder M/s (Name of Bidder) fulfills all requirements in t his regard and is eligible to be considered against the tender. Place: Signature of Authorized Signatory of Bidder Date: Name:
• 12.Payment terms: 100% Payment with full applicable Taxes shall be released after receipt & accept ance of materials within 30 days through RTGS on upload of invoice in NMDC VIM portal.
• 13.As part of NMDC’s commitment towards having more transparent & automated bills payable proces sing, NMDC has developed Vendor Invoice Management (VIM) Portal an advanced digital solution fo r Invoice Processing. Bidders have to register themselves in Vendor Self Service Portal https://vim.n mdc.co.in/velocious-portal-app/ which facilitate Vendors to submit invoice through Web Portal. It is mandatory for vendors to submit their invoices through Vendor Invoice Management Portal for pay ment processing. For creating the vendor code, all the bidders are required to submit the followings documents along with their offer:
• 1.GSTIN Certificate
• 2.Certificate of Incorporation
• 3.PAN Card Copy
• 4.UDYAM Registration, if applicable
• 5.Bank Mandate form (Sealed & signed)
• 6.Bank Details with cancelled Cheque Copy
• 7.Valid Email ID (It will be used for all future transactions between NMDC & bidder)
• 8.Valid mobile no (It will be used for future correspondence) 14. “NMDC has registered with M/s RXIL, M/s Invoicemart (A. TReDS Ltd), M/s M1Exchange, M/s C2TReD S & M/s KredX Portals for releasing MSE vendor’s payment through TReDS portal. All MSE vendors a re requested to register on any one of the portals to release payment through TReDS Portal. In case any MSE vendor is not willing to process their payment through TReDS portal, that vendor s hould confirm non willingness. In such case, payment will be released as per NMDC standard payme nt terms”.
• 15.Issue of E-Invoices: It is mandatory to issue E-invoice whenever the turnover of your company ex ceeds rupees five crores. Hence you are requested to submit E-invoice when turnover exceeds five crores. In case, E-invoice is not applicable, then please submit turnover certificate without fail.
• 16.LIQUIDATED DAMAGES (LD): In the event of placement of an order, the Supplier fails to deliver t he stores in full or part thereof within the delivery date the corporation shall reserves the right to le vy penalty on the Supplier @0. 5% of the basic price of undelivered stores per each week or part th ereof but not exceeding 5% of the value of such materials.
• 17.VALIDITY: - Your offer should be initially kept valid for 120 days from the date of tender opening a nd to be extended for further period if necessary.
• 18.After publishing of tender in GeM portal, if prospective bidders want to submit any representation/c larification/request against the GeM tender, the same can be submitted in GEM Portal through GEM representation window within the stipulated time period. Any representation/clarification/request th rough email against the GeM tender shall not be entertained except request for tender opening dat e extension which will be at the discretion of NMDC due to administrative reasons.
• 19.Clarification of Bids/ Shortfall Documents: Bidder shall submit all the necessary documents a nd technical details in the offer. Your offer will be evaluated based on the documents submitted by you. No post-bid clarification at the initiative of the bidder shall be entertained by NMDC. In case of any shortfall of documents, NMDC shall seek the respective clarifications from the concerned bidder
• s.However, no new credentials shall be allowed to be submitted after the opening of the bids. The s hortfall information/documents should be sought only in case of historical documents which pre-exi sted at the time of the tender opening and which have not undergone change since then. (Example: if the Permanent Account Number, registration with sales tax/ VAT has been asked to be submitted and the tenderer has not provided them, these documents may be asked for with a targe t date as above). So far as the submission of documents is concerned with regard to qualification cri teria, after submission of the tender, only related shortfall documents should be asked for and consi dered. For example, if the bidder has submitted a supply order without its completion/performance certificate, the certificate can be asked for and considered. However, no new supply order should b e asked so as to qualify the bidder.
• 20.Bidders have to submit the signed and stamped copy of the technical specification document (uplo aded in bid document) along with their offer. Any deviations on technical and commercial points ar e required to be brought out clearly in a separate sheet.
• 21.The corporation reserves the right to reject or accept any tender in part or full without assigning an y reasons, or place order for part of full quantity. The corporation also reserves the right to load on various parameters in case of deviations from the tender condition at rates deemed fit without any discussions/ correspondence with the tenderer.
• 22.NMDC is having rate contract with M/s. ARC (M.no. 9685464295) & M/s. Balan Transport (M.no. 942 4293692) for transportation of goods to our project. Hence you may preferably book the consignme nt with the above transporters.
• 23.Please indicate applicable GST rate in “%” for each line items of the bid. The quoted price should b e including Freight charges, GST, Packing and Insurance Charges.
• 24.SETTLEMENT OF DISPUTES: All disputes or differences arising out of or in connection with this t ender / order shall be subject to the exclusive jurisdiction of Dantewada/Jagdalpur courts. 2.1 CONCILIATION: Any dispute, question, claim or difference arising out of or concerning this tender/ contract between the parties shall be settled through mutual negotiation by the parties and parties shall make all end eavors to settle this matter amicably. In case such amicable settlements is not possible, the parties shall take recourse to the conciliation proceedings for resolving such dispute, question, claim or diff erences. The Conciliatory Committee shall comprise of the following:
• (i)A nominee of NMDC Management- Member(Independent of the officer handling the case)
• (ii)A nominee of the Supplier/ Contractor – Member(Independent of the officer handling the case)
• (iii)Head of Law/ Law officer of NMDC – Member The above committee shall conduct the conciliation proceedings in accordance with the provision of the Arbitration and Conciliation Act 1996. The venue of the conciliation shall be at Dantewada. The settlement so arrived at final conciliation shall be binding on both the parties and will not be called i n question before any court or forum whatsoever. Reference to arbitration shall be made only when conciliation has failed. 2.2 Arbitration: 2.2.1. FOR ALL THE TENDERS OTHER THAN GLOBAL TENDERS 2.2.1.1 All disputes or differences which may arise between the Owner and Supplier/ Contractor in con nection with this Contract (other than those in respect of which the decision for any person is expressed in the Contract to be final and binding) shall, after written notice by either party to the other and to the HOP of the NMDC Ltd, Kirandul Complex, Kirandul (who will be the appointing authority), be referred for adjudication to the sole arbitrator to be appointed as hereinafter provided. 2.2.1.2 The appointing authority will send within ninety days of receipt of the notice of arbitration a pan el of three names of persons, not directly connected with work, to the supplier/ Contractor who will sele ct any one of the persons named to be appointed as a sole Arbitrator within 30 days of receipt of name. If the appointing authority fails to send to the Supplier/ Contractor the panel of three names, as aforesai d, within the period specified, the Supplier/Contractor shall send to the appointing authority a panel of t hree names of persons who shall also be unconnected with the organization by which the work is execu ted. The appointing authority shall on receipt of the names as aforesaid select any one of the persons n amed and appoint 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 Supplier/Contractor accordingly, the Supplier/ Contractor shall be entitled to invoke the provisions of the Indian Arbitration a nd Conciliation Act 1996 as amended from time to time. 2.3.1.3 The arbitral tribunal shall give reasons for its award. Each party bear its own cost and the cost o f arbitration shall be equally borne by the parties. The award rendered in any arbitration hereunder shal l be final and binding upon the parties. The parties agree that neither party shall have any right to legal proceedings concerning any dispute under this agreement other than to enforce or facilitate the execut ion of the award rendered in such arbitration. 2.3.1.4 The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliati on Act 1996 as amended from time to time. 2.3.3 2.3.3.1. Arbitration between a Central Public sector undertaking of the Government of India (not under t he Ministry of Steel) and the Employer shall be as per the guidelines of Ministry of Heavy Industries and Public Enterprises, Government of India. 2.3.3.2. Arbitration between a Central Public Sector Undertaking of the Government of India under the Ministry of Steel, Government of India and the Employer, shall be as per the guidelines of the Ministry of Steel. 2.3.4. The further progress of any work under the contract shall unless otherwise directed by the Owner / Engineer continues during the arbitration proceedings and no payment due or payable by/ to the Own er shall be withheld on account of such proceedings. It shall not be open to arbitrator to consider and d ecide whether or not such work shall continue the arbitration proceedings. 2.3.5. The laws applicable to the Contract shall be the laws in force in India. The Courts of Dantewada, Chhattisgarh (State) shall have exclusive jurisdiction in all matters arising under this Contract.
• 25.LIMITATION OF LIABILITIES: Except in cases of criminal negligence of will full non- performance or will full default,
• a.The supplier/contractor shall not be liable to the employer, whether in contract, or otherwise f or any indirect or consequential loss or damage, loss of production, loss of use, or loss of profit s or interest costs. AND
• b.The aggregate liability of the supplier/contractor to the employer, whether under the contract, in tort or otherwise including the cost of repairing or replacing defective equipment’s, shall not exceed the 100% (hundred percent) of the contract price plus escalation if applicable as per co ntract, provided that this limitation shall not apply to any obligation of the contractor to indem nity 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 d efault of the supplier/contractor.
• 26.BANNING OF BUSINESS DEALING: - For the evaluation of the tenders, NMDC would rely on the d ocuments submitted and declarations made by the tenderer in connection with the tender. Therefor e, NMDC expects such documents and declarations to be true and authentic. In case it is found, at a ny stage, that the documents submitted and / or the declarations made by a tenderer is/ are false, NMDC reserve its right, notwithstanding any other rights/ remedies under the terms and conditions of the tender, to ban business dealing with the tenderer for a period upto two year.
• 27.Force Majeure Clause: · If at any time during the continuance of the Purchase Order, the performance in whole or in p art by either party or any obligation under this Purchase Order is prevented or delayed by reaso n of any war, hostility, acts of public enmity, civil commotion, sabotage, fires, floods explosions, epidemics, quarantine restrictions or other acts of God, provided notice of the occurrence if any such event is given by either party to the other within TWENTY-ONE DAYS from the date of occu rrence thereof. · Neither party shall by reason of such event be entitled to terminate this Purchase Order and neither party shall have claim for damage against the performance and deliveries in such cases shall be resumed as soon as practicable after such an event has come to an end or has ceased to exist.
• 28.COMPLIANCE TO SA8000: - Our Company is certified under SA8000 and as such you are require d to confirm your company is complying with the SA8000 standards as per Annexure-I. Annexure-2 Standard Requirements for SA8000 · The Supplier/contractor shall comply with all requirements of SA 8000:2014 related to Child Labour, For ced and Compulsory Labour, Health& Safety, Freedom of Association & Right to Collective Bargaining, Discrimination, Disciplinary Practices, Working Hours and Remuneration. · The Supplier/Contractor is obliged to comply with the applicable legal systems in force. In particular, th e Supplier/Contractor shall not engage, actively or passively, nor directly or indirectly any child labour ( persons below 14 years of age) and shall not violate basic human rights of its employees. Moreover, the Supplier shall take responsibility for the health & safety of its employees. The Supplier shall act in accor dance with the applicable environmental laws and will use best efforts to promote the Code of Conduct among its Suppliers. · The supplier/contractor shall meet the legislations related to working hours, minimum wages and paym ent of wages. · NMDC Limited or any third party on behalf of NMDC Limited shall have the right to visit the supplier/co ntractor premises to ensure compliance with SA 8000:2014 requirements with or without any intimatio
• n.· In addition to other rights and remedies NMDC Limited may have, NMDC may terminate the work order and/or any purchase order issued there under in case of breach of SA 8000:2014 related obligations by the Supplier/Contractor. However, provided that if the Supplier’s/Contractor’s breach of contract can be rectified, then NMDC Limited’s right to terminate the work order and/or any purchase is subjected to th e provision that such breach has not been remedied by the Supplier within a reasonable grace period se t by NMDC Limited. · Supplier/Contractor shall ensure that its direct and indirect subcontractors employed to perform the wo rks commit themselves to the SA 8000:2014 requirements. The Supplier/Contractor shall:
• a)Give the highest regard to Employee Health & Safety (EHS) to avoid any injury to any person and willf ul damage to any property;
• b)Ensure that the management of EHS is an integral and visible part of its work planning and execution processes;
• c)Strive for continuous improvement of its EHS performance;
• d)Obtain B.I.O.M Kirandul Complex, NMDC Limited’s IMS policy, understand and implement the applicab le content of this policy;
• e)Monitor and evaluate its safety performance to effectively take such actions as appropriate to rectify or improve its overall safety performance;
• f)Ensure that it complies with all applicable EHS laws and any EHS requirements of NMDC Limited in for ce from time to time.
• g)Ensure that in case NMDC Limited produces a safety and health documentation for the site (Occupati onal Safety Plan) and provides Supplier with a copy of the Occupational Safety Plan, Supplier shall con firm receipt thereof in writing and comply with the regulations contained therein. The same shall appl y to updates of the Occupational Safety Plan which NMDC Limited may make as it deems necessary. S upplier shall ensure that its direct and indirect subcontractors employed to perform the works commit themselves to the Occupational Safety Plan and its updates. The supplier shall commit to this clause t o avoid any injury to any persons who are legally on the work site including its own personnel, NMDC Ltd.’s personnel and visitors.
• 29.Environment: Bidders shall comply with all Environmental Laws & Contractual Commitments relat ed to Environmental aspects.
• 30.Checklist for list of documents to be submitted is attached at ATC which is to be duly filled & uploa ded along with offer by the bidder.
• 31.Bid ATC will supersede the other GEM GTC. If any deviations are not mentioned by the bidder, it is deemed that they are agreeing to all Bid ATC. .

Buyer uploaded ATC document Click here to view the file.