Electrical spares for maintenance

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.
• 4.Purchase Preference (Centre) Purchase Preference linked with Local Content (PP-LC) Policy: The bid clause regarding “Preference to Make In India products” stands modified in this bid and shall be governed by the PPLC Policy No. FP-20013/2/2017-FP-PNG dated 17.11.2020 issued by MoP&NG as amended up to date. Accordingly, bidders with Local Content less than or equal to 20% will be treated as “Non Local Supplier”. The prescribed LC shall be applicable on the date of Bid opening. Sanctions on the bidders for false / wrong declaration or not fulfilling the Local Content requirement shall be as per the PPLC policy. Further following additional provisions are added in the certification and verification of local content provision of the Preference to Make in India clause:
• i.In case of foreign bidder, certificate from the statutory auditor or cost auditor of their own office or subsidiary in India giving the percentage of local content is also acceptable. In case office or subsidiary in India does not exist or Indian office/subsidiary is not required to appoint statutory auditor or cost auditor, certificate from practicing cost accountant or practicing chartered accountant giving the percentage of local content is also acceptable. ii. Along with Each Invoice: The local content certificate (issued by statutory auditor on behalf of procuring company) shall be submitted along with each invoice raised. However, the % of local content may vary with each invoice while maintaining the overall % of local content for the total work/purchase of the pro-rata local content requirement. In case, it is not satisfied cumulatively in the invoices raised up to that stage, the supplier shall indicate how the local content requirement would be met in the subsequent stages. iii. The bidder shall submit an undertaking from the authorized signatory of bidder having the Power of Attorney along with the bid stating the bidder meets the mandatory minimum LC requirement and such undertaking shall become a part of the contract.

Buyer Added text based ATC clauses ADDITIONAL TERMS AND CONDITIONS File No – 1400012931 FLM No: NMDC/KDL/PE/CP&DH-11B/2026/1008

• 1.For any Techno-Commercial clarification against this tender, please contact following: Name: Smt. Neetu Dewangan Designation: Manager (Matls) Email: neetu@nmdc.co.in Contact No.: 8965931512 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 & Forw arding, Freight & Insurance charges and GST as applicable as per GEM Price Format on FOR Destinat ion basis to be unloaded at Hilltop Stores, Kirandul (C.G.) which is approximately 10KM from Kirand ul Main Stores.
• 3.Mandatory Documents to be submitted:
• a.Please upload complete technical specification in your company letter head mentioning the make.
• b.Please upload the complete acceptance of all terms and conditions as per the attached ATC doc.
• c.Required EMD if applicable must be uploaded, failing which your offer will be liable for rejection with no further correspondence.
• 4.Earnest Money Deposit (EMD): Your Tender must be accompanied by EMD of Rs. 24,979/-. However, since item wise/ Schedule wise evaluatio n is proposed the proportionate EMD wrt. estimated value shall be applicable as per Gem guidelines. Bidders are requested to submit the EMD in the following modes only: -
• a.Online transfer through Bank. Detailed procedure for online transfer through SB collect is as follows:
• 1.Visit www.onlinesbi.sbi
• 2.Click on SB Collect
• 3.Tick the terms acceptance box and Click on Proceed
• 4.On State Bank Collect Page Select State - Chhattisgarh and Select Type of Corporation – PSU then Click on GO button
• 5.Select PSU- National Mineral Development Corporation and Submit
• 6.Select the Payment Category of Kirandul Complex
• 7.Fill the details on the Details of Payment Page and Submit
• 8.Select the payment Method in the given List
• 9.Complete the payment process
• 10.Receipt of the EMD payment will be generated which is to be uploaded in the bid.
• b.In the form of a Demand Draft (DD)/ Bank Guarantee of equivalent amount drawn from any Nationalized bank / scheduled commercial bank in India, in a prescribed format enclosed (Annexure) herewith and favouring NMDC. BG should be valid for a period of six months from the date of submission of your offer and should be extend able based on the requirement & request of NMDC Ltd, if any. The supplier shall forward the original EMD BG to “GM
• (Materials), NMDC BIOM Kirandul Complex-494556, C.G.” Copy of EMD BG shall be uploaded in the bid. The original BG/ DD shall reach the BIOM Kirandul office within 2 weeks from the date of bid opening. Details of NMDC Account for preparation of BG:- Account Name: NMDC LIMITED, Kirandul Complex, Account No:10727544113, IFSC code no: SBIN0002866, Name of Banker: State Bank of India, Kirandul.
• c.In the form of an Insurance Surety Bond (ISB) issued by an insurance company registered with the Insu rance Regulatory and Development Authority of India (IRDAI) as per Annexure (Proforma including inst ructions for furnishing Insurance Surety Bonds are attached as Annexure - I). The supplier shall forward th e original EMD ISB to “GM (Materials), NMDC BIOM Kirandul Complex-494556, C.G.” Copy of EMD ISB shall be upload ed in the bid. The original ISB shall reach the BIOM Kirandul office within 2 weeks from the date of bid opening.
• d.Tenderers of Micro & Small Enterprises (MSEs) registered with UDYAM will be exempted from payment of Earnest M oney Deposit against submission of documentary proof of such registration certificate as a manufacturer for the ten dered items/ item category/group under Udyam Registration. Traders /Dealers have to submit EMD, only MSE manufacturers of the quoted category are exempted.
• e.EMD submitted in any other format/mode other than specified above shall not be acceptable.
• f.Without EMD the tender will be summarily rejected.
• g.EMD exemption shall be applicable as per GeM guidelines for the manufacturers only.
• h.No interest will be paid on EMD amount and would be refunded to the unsuccessful tenderers after placement of the order. For successful Bidders, EMD will be returned after receipt of Security Deposit / PBG/receipt of materials wh erever applicable.
• i.NMDC reserve the right to forfeit the EMD amount if successful bidder doesnot supply the materials.
• j.Bidder shall be responsible for the correctness and completeness of the BG /ISB/ DD / Bank transfer su bmitted towards EMD. In case the EMD submitted is not as per the value/ BG specified in the tender, th e same may be summarily rejected.
• 5.PRICE PURCHASE PREFERENCE TO MAKE IN INDIA CLAUSE: - This Tender is being invited for procurement f rom indigenous sources. No foreign exchange or import license for importing equipment or component, raw mat erials, spares, or know-how will be arranged for or provided by the Purchaser. Efforts shall be made to use indige nous components to the extent possible. Public Procurement Policy (Preference to Make in India) GOI Order No. P-45021/2/2017-B.E.-II dtd 15.06.2017 rea d with read with revised Order No. P-45021/2/2017-PP(BE-II) dtd. 16.09.2020 and subsequent amendments/or ders, if any shall be applicable to this tender. Bidders are requested to fill the format as applicable as defined at Sr. No. 4 (a) of enclosed Annexure. ANNEXURE PUBLIC PROCUREMENT (PREFERENCE TO MAKE IN INDIA) (ON LETTER HEAD OF THE FIRM) SELF CERTIFICATION REGARDING LOCAL CONTENT We ………………………………………… (Name of Firm) hereby certify that the offered materials are having the LOCAL CONTENT Minimum 50% a nd hence we come under Class I Local Supplier as per definition of Make in India policy of Govt of India. The address of Manufacturing Unit: ------------------------------------------ ------------------------------------------ We also understand that the false declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of the General Financial Rules for which a bidder or its successors can be debarred for up to two years as per Rule 151 (iii) of the General Fi nancial Rules along with such other actions as may be permissible under law. (Sign & Seal)
• (OR)We ………………………………………… (Name of Firm) hereby certify that the offered materials are having the LOCAL CONTENT Minimum 20% a nd hence comes under Class II Local Supplier as per definition of Make in India policy of Govt of India. The address of Manufacturing Unit: ------------------------------------------ ------------------------------------------ We also understand that the false declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of the General Financial Rules for which a bidder or its successors can be debarred for up to two years as per Rule 151 (iii) of the General Fi nancial Rules along with such other actions as may be permissible under law. (Sign & Seal) NOTE: 1) Self declaration has to be submitted in the Company Letter head by the bidder. 2) Class I Local supplier only shall get purchase preference as per Make in India Policy.
• 6.MSE & MII Purchase Preference:- For MSE & MII benefits, bidder shall apply in GEM portal for Purchase Prefer ence. MSE purchase preference as per Govt guidelines shall be considered only for manufacturers registered wit h UDYAM certificate and not for Traders/Distributors/Dealers/Resellers.
• 7.WARRANTY: Standard warranty required as 12 months from the date of receipt & acceptance or 18 months fro m the date of dispatch, whichever is earlier against any Manufacturing defects, faulty materials and bad workma nship. The warranty should be comprehensive and cover all bought-out items that go in to Manufacturing of the i tem. Any defects noticed during the warranty period shall have to be rectified or materials replaced at your cost. Materials not confirming to specifications shall be rejected and returned to the supplier at their risk and cost.
• 8.INSPECTION: Inspection of the materials shall be carried out after receipt of the materials at our project site wh ich will be final & binding. In case the stores supplied are rejected either fully or partly on account of defects, ba d workmanship or other reasons, the supplier will have to arrange for free replacement of the same up to destina tion point. The freight and incidental charges for return of the rejected materials will have to be borne by the sup plier. In case rejected materials are not collected with 30 days after receipt of rejection notice no liability in respe ct of loss, damage deterioration etc. shall lie with the corporation.
• 9.Delivery Period: - The indented item is required urgently at our Project. You are requested to quote the shorte st delivery period in your offer. In case delivery period is not mentioned by the bidder, the delivery period mentio ned in GEM Bid will be applicable
• 10.Payment terms: 1) NO advance payment terms are acceptable. 2) 100% payment with 100% applicable GST within 30 days will be released on receipt and acceptan ce of material at our store location on submission of invoice copy. Further invoice shall be uploaded in NMDC vendor invoice management (VIM) portal to process further for release of payment.
• 11.As part of NMDC’s commitment towards having more transparent & automated bills payable processing, NMDC h as developed Vendor Invoice Management (VIM) Portal an advanced digital solution for Invoice Processing. Bidde rs have to register themselves in Vendor Self Service Portal https://vim.nmdc.co.in/velocious-portal-app/ which fa cilitate Vendors to submit invoice through Web Portal. It is mandatory for vendors to submit their invoices throug h Vendor Invoice Management Portal for payment processing. For creating the vendor code, all the bidders are required to submit the followings documents along with their of fer:
• 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)
• 12.TREDS: “NMDC has registered with M/s. RXIL, Invoicemart (A.TReDS Ltd), M1Exchange, C2TReDS & KredX Portals for releasing MSE vendor’s payment through TReDS portal. All MSE vendors are reque sted 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 should confirm no n willingness. In such case, payment will be released as per NMDC standard payment terms”
• 13.Issue of E-Invoices: It is mandatory to issue E-invoice whenever the turnover of your company exceeds 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.
• 14.LIQUIDATED DAMAGES (LD): - In the event of placement of an order, the Supplier fails to deliver the stores in full or part thereof within the deli very date the corporation shall reserves the right to levy Liquidated Damages on the Supplier @0.5% of the basi c price of undelivered stores per each week or part thereof but not exceeding 5% of the value of such materials.
• 15.SETTLEMENT OF DISPUTES: All disputes or differences arising out of or in connection with this tender / order shall be subject to the exclusive jurisdiction of Dantewada/Jagdalpur courts. 22.1 CONCILIATION: Any dispute, question, claim or difference arising out of or concerning this tender/ contract between the parties s hall be settled through mutual negotiation by the parties and parties shall make all endeavours to settle this mat ter amicably. In case such amicable settlements is not possible, the parties shall take recourse to the conciliatio n proceedings for resolving such dispute, question, claim or differences. 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 Arbitrati on and Conciliation Act 1996. The venue of the conciliation shall be at Dantewada. The settlement so arrived at fi nal conciliation shall be binding on both the parties and will not be called in question before any court or forum w hatsoever. Reference to arbitration shall be made only when conciliation has failed. 22.2 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 connection wi th 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 Executive Director of the N MDC Ltd, Kirandul Complex, Kirandul (who will be the appointing authority), be referred for adjudication to the so le 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 panel of thre e names of persons, not directly connected with work, to the supplier/ Contractor who will select any one of the p ersons named to be appointed as a sole Arbitrator within 30 days of receipt of name. If the appointing authority f ails to send to the Supplier/ Contractor the panel of three names, as aforesaid, within the period specified, the S upplier/Contractor shall send to the appointing authority a panel of three names of persons who shall also be unc onnected with the organization by which the work is executed. The appointing authority shall on receipt of the n ames as aforesaid select any one of the persons named and appoint him as the sole Arbitrator. If the appointing authority fails to select the person and appoint him as the sole Arbitrator within 30 days of receipt of the panel a nd inform the Supplier/Contractor accordingly, the Supplier/ Contractor shall be entitled to invoke the provisions of the Indian Arbitration and 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 of arbitrati on shall be equally borne by the parties. The award rendered in any arbitration hereunder shall be final and bindi ng upon the parties. The parties agree that neither party shall have any right to legal proceedings concerning an y dispute under this agreement other than to enforce or facilitate the execution of the award rendered in such ar bitration. 2.3.1.4 The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act 19 96 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 the Minist ry 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/ Enginee r continues during the arbitration proceedings and no payment due or payable by/ to the Owner 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 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, Chhattisg arh (State) shall have exclusive jurisdiction in all matters arising under this Contract.
• 16.BANNING OF BUSINESS DEALING: - For the evaluation of the tenders, NMDC would rely on the documents submitted and declarations made by the t enderer in connection with the tender. Therefore, NMDC expects such documents and declarations to be true an d authentic. In case it is found, at any stage, that the documents submitted and / or the declarations made by a t enderer is/ are false, NMDC reserve its right, notwithstanding any other rights/ remedies under the terms and co nditions of the tender, to ban business dealing with the tenderer for a period upto two year.
• 17.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 for any indirect or consequential loss or damage, loss of production, loss of use, or loss of profits or interest costs. AND
• b.The aggregate liability of the supplier/contractor to the employer, whether under the contract, in tort or otherw ise including the cost of repairing or replacing defective equipment’s, shall not exceed the 100% (hundred per cent) of the contract price plus escalation if applicable as per contract, provided that this limitation shall not ap ply to any obligation of the contractor to indemnity the employer with respect to copyright, patent infringemen t, workmen compensation and statutory liabilities in general that the employer may be required to additionally bear due to default of the supplier/contractor. 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.
• 18.COMPLIANCE TO SA8000: - Our Company is certified under SA8000 and as such you are required to confirm y our company is complying with the SA8000 standards as per Annexure. CHILD LABOR: - The Company should not use child labour as defined by local law. FORCED LABOR: -The Company shall not use any involuntary or forced labour. HEALTH AND SAFETY: -The Company shall provide safe and healthy work environment. FREEDOM OF ASSOCIATION: - The Company shall recognize and respect the workers right of freedom of associati on and freedom of expression. DISCIPLINARY PRACTICES: - The Company shall not use corporal punishment or other mental or physical disciplin ary actions. 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 allowed at least one day off in every normal seven-day workwee
• k.REMUNERATION: - The Company shall pay wages and benefits and provide compensation for over time consisten t with local laws.
• 19.Environmental Laws: Bidders shall comply with all Environmental Laws & Contractual Commitments related to Environmental aspects.
• 20.CHECKLIST: Checklist for the list of documents to be submitted is attached in ATC which is to be duly filled and uploaded along with the offer by the bidders.
• 21.Clarification of Bids/ Shortfall Documents: Bidder shall submit all the necessary documents and technical d etails in the offer. Your offer will be evaluated based on the documents submitted by you. No post-bid clarificatio n 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 bidders. However, no new credentials shall be allowed to b e submitted after the opening of the bids. The shortfall information/documents should be sought only in case of historical documents which pre-existed at the time of the tender opening and which have not undergone change since then.
• 22.After publishing of tender in GeM portal, if prospective bidders want to submit any representation/clarification/re quest against the GeM tender, the same can be submitted in GEM Portal through GEM representation window wit hin the stipulated time period. Any representation/clarification/request through email against the GeM tender sha ll not be entertained except in case of request for extension of bid due date. Bid due date may be extended at th e discretion of NMDC due to administrative reason.
• 23.FORCE MAJEURE CLAUSE:
• a.If at any time during the continuance of the Purchase Order, the performance in whole or in part by either party or any obligation under this Purchase Order is prevented or delayed by reason of any war, hostility, acts of public enmity, civil commotion, sabotage, fires, floods explosions, epidemics, quarantine restriction s 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 occurrence thereof.
• b.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 so on as practicable after such an event has come to an end or has ceased to exist.
• 24.Bidders shall submit complete technical specifications (including brochure if available) along with offer and also shall provide detailed drawings and specifications of all spares.
• 25.After acceptance of the quotation by the Owner, no claim for extra payment submitted by the supplier on groun d of any special local / site / design conditions, will be considered.
• 26.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.
• 27.The corporation reserves the right to reject or accept any tender in part or full without assigning any 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.
• 28.NMDC is having rate contract with M/s. ARC (M.no. 9685464295) & M/s. Balan Transport (M.no. 9424293692) for transportation of goods to our project. Hence you may preferably book the consignment with the above transpor ters.
• 29.Bidders have to submitted the signed and stamp copy of the technical specification document (uplo aded in bid document) along with their offer. Any deviations on technical and commercial points are required to be brought out clearly in a separate sheet.
• 30.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 border with India and any other order s/ 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 border 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 this regard and is eligib le to be considered against the tender. Place: Signature of Authorized Signatory of Bidder Date: Name: .

Buyer uploaded ATC document Click here to view the file.