Ammonia, Liquor / Ammonium Hydroxide As Per IS 799

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.

Buyer Added text based ATC clauses Sub: Procurement of Ammonia Liquor (Analytical Reagent Grade) for MTPS, U#1-8, DVC throu gh GeM Portal. SAP ZNIT NO. 2600003403

• 1.PRICE BASIS: The rates quoted by the bidder must be Firm till execution of the contract and on FOR MTPS store basis in INR currency and that will be inclusive of Packing & Forwarding charges and Freight c harges (if any) etc. and inclusive of Goods and Services Tax (GST).
• 2.PAYMENT TERM: 100% payment will be released within ten (10) days of issue of consignee receipt-cu m acceptance certificate (CRAC) and on-line submission of bills. However, Part payment against part delive ry shall be applicable.
• 3.GUARANTEE/WARRANTY: The bidder shall guarantee that all material supplied under the contract shall conform to specification. Gua rantee period of the materials will be 02 (two) months from the date of delivery of material against qualitat ive deterioration. The date of delivery to be reckoned as the date of receipt of the material by the consigne
• e.The bidder shall agree to replace any material, which has been proved defective or fails to conform to th e desired specifications free of cost and risk to the DVC within the Guarantee Period. The guarantee period for such replaced material shall be the same as that of materials specified earlier.
• 4.RISK PURCHASE CLAUSE: The Purchaser reserves the right to purchase the material/spares/ equipment or get the service & works d one from elsewhere at the sole risk and cost of the Vendor and recover all such extra cost incurred by the Purchaser/Owner in procuring the material, services and works contract. The procedure to be followed is g iven below.
• a)After the expiry of the specified date of delivery/ completion period, a notice should be given to the ve ndor for delivering the material/ completion the work immediately.
• b)If the vendor fails to deliver the material/ complete the work, a final risk and cost notice is to be served to the vendor by registered post with A/D/speed post, clearly indicating that if he fails to deliver the mate rials/ complete the work within specified period as per condition of contract/W& P Manual (GCC) after rece ipt of the letter, the same shall be outsourced/executed from other sources at the risk and cost of the ven dor. Such letter is to be issued with approval of TAA. However in case TAA is Board or Chairman, approval of concerned member shall be obtained.
• c)The existing order has to be closed and action to be initiated for procurement/completion of work &services of the balance items/ portion. While taking such action the defaulting vendor/contractor should not be given an opportunity against fresh tender/enquiry.
• d)If it is found that price has come on the higher side then the difference between the original price and t he new price will be recovered from the vendor.
• e)For the purpose of recovery of the amount, unpaid amount / security deposit/ SD by way of BG, provide d by the vendor/contractor will be adjusted first, if there is any balance left to be recovered, the Vendor/C ontractor should be informed to deposit the money at the earliest.
• f)If he fails to deposit the balance amount no further enquiry will be given as per banning procedure of D VC.
• g)In case the amount is considerable, legal action may be considered by TAA. Alternatively, the Purchaser may short close the Order stating the reason for not resorting to risk purchas e clause. In the event of recourse to alternatives as mentioned above, the Purchaser will have the right to re-purch ase the stores or complete the work, to meet urgency in requirement caused by Contractor’s/Vendor’s fai lure to comply with the schedule of delivery or completion of the work or services irrespective of the fact whether the materials/equipment/work/ services are similar or not.
• 5.LD CLAUSE: If the Seller/Service Provider fails to deliver any or all of the Goods/Services within the original/re-fixed del i very period(s) specified in the contract, the Buyer will be entitled to deduct/recover the Liquidated Dama ges for the delay, unless covered under Force Majeure conditions aforesaid, @ 0.5% of the contract value of delayed quantity per week or part of the week of delayed period, until actual delivery or performance, as pre-estimated damages not exceeding 5% of the total contract value without any controversy/dispute of any sort whatsoever. However, in case of inordinate delay maximum deduction shall be 10% of the tot al contract value.
• 6.SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE: Security deposit may be recovered as Pro-rata deduction @ 3% from the RA bills and it will be released af ter Performance Guarantee period.
• 7.CONTRACT PERIOD: The Contract shall remain valid for 90 days from the date of issuance of contract.
• 8.Mode Of Supply: Materials (as per the specification conforming to IS 799 (Latest) of the NIT) to be supplied by the bidder to MTPS, DVC in staggered manner as per site requirement or on as and when required basis within 07 (Seve
• n)days of intimation from respective consignees’/Reporting officer of station through email during the enti re delivery period. Bidder shall be required to dispatch the ordered materials to the consignee’s respective store by Road through their authorized Road transport on freight paid basis. Material is to be delivered in manufacturer’s original 25 litre HDPE drum duly sealed condition & material description written on it. Supp lies must be strictly in accordance with specifications furnished by the DVC. Bidders will be responsible for deviation in respect of technical specifications whatsoever. Material supplie d will always be accompanied with MSDS (Material Safety Data Sheet), Manufacturer's Test Certificate/ Cer tificate of Analysis (COA) of the materials. Guarantee certificate (period of guarantee as stated in guarante e clause of this NIT) in each consignment and it will also be tested at site prior to acceptance. All safety m easures should have to be adopted by the bidder to avoid transit loss/ damage. The bidders will be held re sponsible for the stores not being properly packed for transport by Road to ensure them being free from lo ss or injury at their destination.
• 9.INSPECTION: Goods supplied will always be subject to our inspection on arrival at the destination Mat erial supplied shall be subjected to Inspection at DVC, MTPS site after receipt of materials.
• 10.TRANSIT INSURANCE: Arrangements for transit insurance can be made by DVC as per Mega Risk Po licy arranged with existing underwriter as per time being imposed.
• 11.LIMITATIONS OF LIABILITY: Except in cases of Criminal Negligence or wilful misconduct,
• (i)The Contractor and The Employer shall not be liable to the Other Party for any indirect or consequentia l loss or damage, loss of use, loss of production, or loss of profits or Interest costs, provided that this excl usion shall not apply to any obligation of the Contractor to pay liquidated damages to the Employer AND
• (ii)The aggregate liability of the Contractor to the Employer, whether under the Contract, in tort or other wise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of r epairing or replacing defective equipment, or to any obligation of the Contractor to indemnify the Employ er with respect to patent infringement, copy right, workman compensation.
• 12.FORCE MAJEURE CLAUSE: As Per the Clause 16 of the General Conditions of the Contract.
• 13.INSPECTION/ TESTING: Supplies of materials must be strictly in accordance with the specification as per IS: 799 (latest). The vend or will be held responsible for deviation in respect of technical specification whatsoever. Each consignment of materials to be accompanied by Manufacturer’s Test Certificate and Guarantee Certificate . Prior to acce ptance of materials (each consignment) at site 2 (Two) set of sample(s) shall be made by means of joint sa mpling with the vendor as per IS: 799 (latest). One set of sample (s) testing will be carried out at DVC Labs and other One set of sample(s) to be kept as referee sample). The consignment will be rejected if the mate rial is not found as per the requirements of IS: 799 (latest) specification of NIT upon testing at DVC Labs. Y ou shall have to depute your representative within seven days after getting information about arrival of m aterial at site. If you fail to depute your representative within the above stipulated period, DVC shall unilat erally collect the sample (s) from the supplied consignment (s) and do the testing. In case of any disputes r elated to test results, testing of the referee sample (s) to be done at 3rd Party NABL accredited Lab duly ac cepted by DVC, result of which will be binding to both DVC & Supplier. All expenses incurred towards outsi de testing shall be borne by the supplier. The consignment will be rejected if the material is not found as p er required IS: 799 (Latest) specification of NIT.
• 14.PACKING AND MARKING: All goods shall be securely packed in cases, bundles, threads etc. suitable for Rail/Road/Air/Sea transport. All exposed services/connections, protrusions shall be properly protected. All unexposed parts shall be pa cked with due care and the packages should bear the words ''HANDLE WITH CARE''. The packing of the go ods to be transported by Rail/Road/Airs/Sea shall be as per the conditions laid down by the appropriate au thorities and the vendor shall obtain clean railway/goo ds receipts without any qualifying remarks. All pac kages and unpacked materials shall be mark ed on at least 2 (Two) places indicating the name of the pur chaser/consignee, PO No., Gross an d Net Weight and Dimensions with indelible paints in English. In case of bundles, metallic plates marked with the above details shall be tagged. All goods should be dispatched as per the relevant terms of the PO. In case of any mode of transport as to be resorted to other than that mentioned in the PO, the same should be done only after obtaining prior approval in writing from the purc haser. All movements sanction, loading permissions etc. from Railway or other authorities shall be obtain ed by the vendor. The vendor shall communicate the relevant dispatch particulars immediately on dispat ch by telex/telegram/fax to the consignee as specified in the PO. The vend or shall also forward original a nd copies of dispatch documents to the concerned authorities as required in the PO within 2 days from th e date of dispatch, failing which the vendor shall be responsible for any delay in payment of consignment for wants of documents and consequent demurrage, detention charges etc.
• 15.VENDOR'S DRAWING AND DATA: All Drawings, data and documentation in respect of the ordered items are an integral part of the PO. The vendor will furnish all such drawings, data and documentation to the Purchaser. Purchaser will specify the schedule for submission of these documents by the vendor and the required number of copies. The vendo r shall ensure strict compliance to this schedule
• 17.Delivery Schedule: Delivery Period in Days : 90 (ninety) Bidders must deliver the material in staggered manner as per site requirement or on as and when required basis within 07 days of intimation from consignees’/Reporting officer of MTPS through e-mail during the en tire delivery period.
• 18.DELIVERY: Materials is to be delivered as per mentioned delivery schedule of each item after issuanc e of GeM Contract. Consignee of the material is SE (M), Store, MTPS, DVC. The date of delivery to be recko ned as the date of receipt of the material at site by the consignee.
• 19.Bidder are requested to go through BID FORMS AND FORMATS (attached in Buyer added ATC docum ents) and submit the required documents in Techno-commercial bid in GeM Portal.
• (i)Proforma for Letter of Bid.
• (ii)Proforma for Affidavit.
• (iii)Declaration regarding Acceptance of All Terms and Conditions (ATC)
• (iv)Proforma for No Relation Certificate
• (v)Proforma Details of Banker for making payment through RTGS/NEFT
• (vi)Whether the Bidder is presently debarred / banned by any other procuring entity for violation of ‘Publi c Procurement (Preference to Make In India).
• (vii)Declaration regarding Local content in Ex-works price included in bid price.
• (viii)Proforma for Techno-Commercial Bid Sheet
• (ix)Bidder’s Declaration on MII Policy
• (x)Format for declaration by the Bidder for Conflict-of-Interest
• (xi)Format for declaration by the Bidder for Compliance to “Prevention of Corruption” provisions
• 20.SETTELMENT OF DISPUTES AND ARBITRATION: 20.1 Any disputes, differences, or controversies between the Parties shall be resolved through the following modes of dispute resolution in the matter set out hereunder:
• (i)Mutual Consultation between the Parties;
• (ii)Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD);
• (iii)Dispute Avoidance Mechanism through Independent Engineer (IE); and/or
• (iv)Conciliation Committee of Independent Experts (CCIE). 20.2. Any dispute, difference, or controversy between the Parties shall be resolved, at the firs t instance, through Mutual Consultation between the Parties in the manner set out hereunder: If the Executing Department and the Contractor fails to resolve the dispute, difference, or controversy, the n the Contractor shall refer the dispute in writing for settlement of such dispute or difference through Mutu al Consultation to the concerned Head of Project of DVC (in case of tender issued from site)/concerned GM/ SGM/CGM/ED of executing department (in case of tender issued from H/Q). The concerned Head of Project of DVC (in case of tender issued from site) / concerned GM/SGM/CGM/ED of executing department (in case of tender issued from H/Q) shall send a communication within 7 working da ys thereby inviting the Contractor to depute a team of their representatives to interact with GM/SGM/CGM/ ED (C&M)-HQ. GM/SGM/CGM/ED (C&M)-HQ will obtain the details and examine the correspondence of either parties relati ng to disputes, normally within 10 days. They may hold discussions with the team of Contractor and Head of Project of DVC or his authorized representative (in case of tender issued from site) / concerned GM/SGM/ CGM of executing department (in case of tender issued from H/Q) to crystallize the issues; prepare the age nda containing the gist on each dispute and the matter then be referred to the ED level standing Committ ee of DVC comprising of concerned ED of the user Department, ED (C&M), and ED (Finance) for amicable s ettlement of disputes with the Contractor with ED (C&M) being the Convener and ED of the User Departme nt being the Chairman of the committee. The recommendations of the Committee shall be put up to Chairman, DVC for settlement of the dispute wi th the Chairman /CMD of the Contractor. 20.3 In the event such dispute, difference, or controversy cannot be settled through Mutual C onsultation as set out above, the following procedure shall be followed for settlement of such dispute, difference, or controversy: 20.3.1 If the Contractor is a Central Public Sector Enterprise (CPSE)/Port Trust/Government Department or Organization (Central or State), such dispute, difference, or controversy shall be resolved through AMRCD ( Administrative Mechanism for Resolution of CPSEs Disputes) as mentioned in DPE OM No 05/003/2019-FTS -10937 dt. 14th December, 2022 and the decision of AMRCD on the said dispute will be binding on both par ties. However, disputes relating to Railways, Income Tax, or Excise and Customs Departments shall not be resolved through AMRCD. 20.3.2 If the Contractor/dispute is not covered under Clause 20.3.1, such dispute, difference, o r controversy shall be resolved in the following manner: 20.3.2.1 The dispute, difference, or controversy shall be resolved through reference to the Independent En gineer (IE) selected in accordance with Clause 23.4 and the said Independent Engineer (IE) shall resolve th e dispute in terms of Ministry of Power OM No. 15-18/1/2020-HYDEL-II(MoP) dt. 27/09/21 as clarified/amend ed by Ministry of Power OM No. 15-18/1/2020-HYDEL-II (MOP) dt. 18/10/2023 (including any other guideline s/SOPs issued by the appropriate authorities in this regard). 20.3.2.2 In the event either Party is aggrieved by the decision of the Independent Engineer (IE), the matter may be referred to the Conciliation Committee of Independent Experts (CCIE) in accordance with the proce dure laid down in Ministry of Power OM No. F. No 11/22/2021-Th.II dt. 29/12./21 as amended/clarified by O M No. F. No 11/22/2021-Th.II dt. 18/10/23. However, neither party shall be entitled to proceed to arbitratio n in the event of failure to settle the dispute, difference, or controversy through the CCIE mechanism. Furt her, the expenses of the CCIE process (including fees and expenses of CCIE members) shall be shared by t he Parties equally. 20.4 The Parties shall agree on the appointment of an Independent Engineer (IE) from the Panel maintaine d by the Ministry of Power at the time of Award of Contract or reasonably soon thereafter. However, if the P arties are unable to agree on such appointment, DVC shall select the Independent Engineer (IE) from the P anel maintained by the Ministry of Power. All other aspects relating to the appointment, selection. removal , and payment of the Independent Engineer (IE) shall be as per Ministry of Power OM No. 15-18/1/2020-HY DEL-II(MoP) dt. 27/09/21. 20.5 Subject to the provisions of the preceding sub-clauses, the competent courts having jurisdiction over the headquarters of DVC at Kolkata shall have sole and exclusive jurisdiction over all disputes, differences, or controversies between the Parties. 20.6 Notwithstanding anything contained in the preceding sub-clauses, 20.6.1 The dispute resolution methods specified in Sub-Clause 20.3 shall be governed as per the latest Office Memorandums/Guidelines/Clarifications issued by the appropriate authorities from time to time. In c ase of any dispute regarding the applicability of any Office Memorandum /Guidelines/Clarifications pertaini ng to any of the dispute resolution methods mentioned in Sub-Clause 20.3, the decision of DVC shall be fin al and binding. 20.6.2 The Parties may, by an agreement in writing, alter the order in which the different dispute resolutio n methods referred to in Clause 20.3 may be resorted to and/or decide to have any dispute, difference, or controversy heard and adjudicated by a particular forum/court to the exclusion of other forums. Note: - SETTLEMENT OF DISPUTES & ARBITRATION clause of GCC may be ignored.
• 21.CONFLICT OF INTEREST: A bidder shall not have conflict of interest with other bidders. Such conflict of interest can lead to anti- co mpetitive practices to the detriment of Employer’s interests. A bidder may be considered to have a confli ct of interest with one or more parties in this bidding process, if: a)they directly or indirectly control, or are controlled by or are under common control of another ent ity; or b)they have the same legal representative/agent for purposes of their bids; or c)they have relationship with each other, directly or through common third party(ies), that put s them in a position to have access to information about or influence on the bid of another Bidder; or d)Bidder and/or any of its allied entity(ies), which directly or indirectly control(s) or is(are) contr olled by or is(are) under common control of another entity, has(ve) participated as a consultant in the pre paration of the design or technical specifications of the contract that is the subject of the tender; or e)Bidder participates in more than one bid in this bidding process. f)In cases of agents quoting on behalf of their principal manufacturers/service providers, one agent c annot represent two manufacturers/service providers or quote on their behalf in a particular tender enqui ry. One manufacturer/service provider can also authorize only one agent. There can be only one bid from the following: i)The principal manufacturer/service provider directly or through one Indian agent on his behalf; and ii)Indian/foreign agent on behalf of only one principal. For the purposes of this clause the term ‘control’ shall have the following meaning: “Control” shall include the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectl y, including by virtue of their shareholding or management rights or shareholders’ agreements or voting agreements or in any other manner. Note: If two or more CPSEs/State PSEs participate in a tender, they will not be deemed to fall under t he 'Conflict of Interest' provisions solely because they are under common control of Government of India/ State Government. Compliance to “Conflict of Interest” provisions to be submitted as per format in Bid Forms and Procedure

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• 22.Prevention of corruption activities: A public procurement contract, besides being a commercial transaction, is also a legal Transaction and it i s abide by Prevention of Corruption Act, 1988.
• (1)The Bidder(s)/ Contractor(s) commit themselves to take all measures necessary to prevent corruption. The Bidder(s)/ Contractor(s) commit themselves to observe the following principles during participation in the tender process and during the contract execution:
• a.The Bidder(s)/Contractor(s) will not, directly or through any other person of firm, offer, promise or give to any of Principal's employees involved in the tender process or the execution of the contract, or to any t hird person any material or other benefit, which he/she is not legally entitled to, in order to obtain in exch ange any advantage of any kind whatsoever during the tender process or during the execution of the cont ract.
• b.The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed agreement or, unders tanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subs idiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process.
• c.The Bidder(s)/ Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the Bidd er(s)/ Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to ot hers, any information or document provided by the Principal as part of the business relationship, regardin g plans, technical proposals and business details, including information contained or transmitted electroni cally.
• d.The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the Agents/Represe ntatives in India, if any. Similarly, the Bidder(s)/Contractor(s) of Indian Nationality shall furnish the name and address of the foreign principals, if any. Further, details as mentioned in the "Guidelines on the Indian Agents of Foreign Suppliers"** shall be disclosed by the Bidder(s)/ Contractor(s). Further, as mentioned in the Guidelines all the payment made to the Indian agent/representative shall be in Indian Rupees only. C opy of the "Guidelines on the Indian Agents of Foreign Suppliers" is attached.
• e.The Bidder(s)/ Contractor(s) will, when presenting their bid, disclose any and all payments made, is co mmitted to or intends to make to agents, brokers or any other intermediaries in connection with the awar d of the contract.
• (2)The Bidder(s)/ Contractor(s) will not instigate third persons to commit offences outlined above or be a n accessory to such offences.
• (3)If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression throug h a violation of Para-1 & 2 above, or in any other form such as to put his reliability or credibility in questio n, the Principal is entitled to disqualify such Bidder(s)/Contractor(s) from the tender process or to terminat e the contract, if already signed and to take action as per the procedure of "Banning of business dealings" of the Principal. Compliance to "Prevention of Corruption activities" provisions to be submitted as per format in Bid Forms and Procedures. ** GUIDELINES FOR INDIAN AGENTS OF FOREIGN SUPPLIERS 1.0 There shall be compulsory registration of agents for all Global (Open) Tender and Limited Tender of D VC. 1.1 Registered agents will file an authenticated Photostat copy duly attested by a Notary Public / original certificate of the principal confirming the agency agreement and giving the status being enjoyed by the a gent and the commission / remuneration / salary/ retainer ship being paid by the principal to the agent be fore the placement of order by DVC. 1.2 Wherever the Indian representative have communicated on behalf of their principals and the foreign p arties have stated that they are not paying any commission to the Indian agents, and the Indian represen tative is working on the basis of salary or as retainer, a written declaration to this effect should be submit ted by the party (i.e. Principal) before finalizing the order.
• 23.TECHNICAL SPECIFICATION OF SUPPLY: As per attached ATC.
• 24.TERMINATION OF CONTRACT: As per Clause No.24 of Other Terms & Conditions of Contract of GC

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• 25.All Tenderers would be bound by the terms and conditions as detailed in the tender specification by D VC and General Conditions of Contract (GCC). Bidders are requested to go through GCC (General Conditio ns of Contract) of DVC before submission of offers. Terms and conditions which are not specifically mentio ned in the NIT and Tender Documents shall be covered by the General Conditions of Contract.
• 26.VENDOR BILL TRACKING (VBT) SYSTEM: A self-care vendor bill tracking system has been introdu ced under web URL: https://application.dvc.gov.in/Vendor/ where vendor has to register themselves and s ubmit their contract related bills online. The contractor will upload digitally signed bill with other docume nts as per WO/Contract/Agreement.
• 27.DVC GST Number: 19AABCD0541M1ZO
• 28.CORRESPONDANCE: All correspondence regarding Technical Aspects: Sri Arijit Karmakar, Sr. Manager (Chem), MTPS, DVC, P.O.: MTPS, Dist: Bankura, PIN-722183, WB, Mob:7908239584. All correspondence regarding Store Aspects: Sri. Suraj Lakra, SE (M), Store, (Mob: +91-9934091 780), E- mail id: suraj.lakra@dvc.gov.in All correspondence regarding Payment Queries: Sri. Prasadjit Garai Sr. Manager (Fin), Accounts Dept. (Mo b: +91-8583972275), E-mail id: prasadjit.garai@dvc.gov.in All correspondence regarding Commercial Aspects: Smt. Archana Lakra, Sr. Manager (C&I), C&M Dept., (M ob:9432861534), E-mail Id: archana.lakra@dvc.gov.in
• 29.The names and designation of officers for any enquiry of this tender are:-
• (i)Smt. Archana Lakra, Sr. Manager (C&I), C&M Dept., (Mob:+91-9432861534), E-mail Id: archana.lakra@ dvc.gov.in
• (ii)Smt. Dipti Barman, Manager (E), C&M Dept., (Mob:+91-8945083563), E-mail Id: dipti.barman @dvc.g ov.in .

Buyer uploaded ATC document Click here to view the file.